ordinary council - shire of augusta-margaret river...applications for leave of absence nil 6....

Ordinary Council

MINUTES

FOR THE MEETING HELD WEDNESDAY, 12 SEPTEMBER 2018

IN COUNCIL CHAMBERS, 41 WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 12 SEPTEMBER 2018

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Meeting Notice

Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, 41 Wallcliffe Road, Margaret River on Wednesday 12 September 2018, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 5

2. ATTENDANCE ........................................................................................................................... 5 2.1 APOLOGIES ............................................................................................................................... 5 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 6

3. DISCLOSURES OF INTEREST ................................................................................................. 6

4. PUBLIC QUESTIONS ................................................................................................................ 6 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 6 4.2. PUBLIC QUESTION TIME ......................................................................................................... 6

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 6

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 6 6.1 ORDINARY COUNCIL MEETING HELD 22 AUGUST 2018 .................................................... 6

7. DEPUTATIONS .......................................................................................................................... 6 7.1 ITEM 11.2.1 LOCAL PLANNING POLICY NO.7 – SHORT STAY

ACCOMMODATION – FOR FINAL DETERMINATION – MS SHARNA KEARNEY ................. 6 7.2 ITEM 11.2.1 LOCAL PLANNING POLICY NO.7 – SHORT STAY

ACCOMMODATION – FOR FINAL DETERMINATION – MR ROBERT MCDONALD .............. 7 7.3 ITEM 11.2.3 REVIEW OF DOG EXERCISE AREAS – MS TRACEY MURRAY ....................... 7

8. PETITIONS ................................................................................................................................. 9 8.1 REQUEST FOR AMENDMENT TO PROPOSED TIMES FOR NIPPERS OVAL TO

BE USED AS A DOG EXERCISE AREA – SIGNED BY 29 PEOPLE ..................................... 9

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER......................................................... 9

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ..................... 9

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................... 9

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 10 11.1.1 CHANGE TO ORGANISATIONAL STRUCTURE .................................................................... 11 11.1.2 COUNCIL DECISION ACTION LIST JANUARY - JUNE 2018 ................................................ 18 11.1.3 INSTRUMENT OF APPOINTMENT FOR THE SUSTAINABLE ECONOMY

ADVISORY COMMITTEE ........................................................................................................ 24

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 33 11.2.1 LOCAL PLANNING POLICY NO. 7 - SHORT STAY ACCOMODATION - FOR FINAL

DETERMINATION .................................................................................................................... 34 11.2.2 REQUEST FOR TENDER NO. 13-18 - KUDARDUP WASTE TRANSFER STATION,

POOLE ROAD, KUDARDUP ................................................................................................... 45 11.2.3 REVIEW OF DOG EXERCISE AREAS .................................................................................... 50

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 57 11.3.1 PURCHASE OF HEAVY DUTY MOTOR GRADER ................................................................. 58 11.3.2 REQUEST FOR QUOTATION - CAPE LEEUWIN TRAIL PLANNING AND DESIGN ............ 60 11.3.3 RAPIDS LANDING PUBLIC OPEN SPACE ............................................................................. 64

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 68 11.4.1 FINANCIAL ACTIVITY STATEMENT REPORT - JULY 2018 .................................................. 69 11.4.2 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14

AUGUST 2018 ......................................................................................................................... 78 11.4.3 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 15 AUGUST 2018 ................. 81

12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............ 84

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 84

14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 84


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14.1 MEMBERS ................................................................................................................................ 84 14.2 CEO .......................................................................................................................................... 84

15. CONFIDENTIAL BUSINESS .................................................................................................... 84

16. CLOSURE OF MEETING ......................................................................................................... 84


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Minutes of the Ordinary Council Meeting held on Wednesday 12 September 2018, in Council Chambers, 41 Wallcliffe Road, Margaret River, commencing at 5.30pm

Ordinary Council Meeting

1. DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 5.32pm The Shire President gave an Acknowledgement of Country: ‘I acknowledge and respect the traditional custodians of this land and pay our respects to elders past and present and emerging, whose lands we share.’

2. ATTENDANCE

Shire President : Cr Pam Townshend

Councillors : Cr Ian Earl

Cr Naomi Godden Cr Pauline McLeod Cr Julia Meldrum Cr Mike Smart

Chief Executive Officer : Mr Gary Evershed Director Sustainable Development : Mr Dale Putland Director Infrastructure Services : Mr Markus Botte

Acting Director Corporate and Community Services : Ms Heather Auld

Manager Health, Waste and Ranger Services : Ms Ruth Levett Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC : 24

MEMBERS OF THE PRESS Augusta Margaret River Times : Warren Hately, AMR Times

2.1 Apologies

Director Corporate and Community Services, Ms Annie Riordan Acting Manager Planning and Development, Mr Matt Cuthbert


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2.2. Approved Leave of Absence

Cr Peter Lane

3. DISCLOSURES OF INTEREST

Nil

4. PUBLIC QUESTIONS

4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time

Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

6.1 Ordinary Council Meeting held 22 August 2018 MOTION / COUNCIL DECISION

CR MCLEOD, CR MELDRUM OM2018/218 That Council confirms the minutes of the Ordinary Council Meeting held on 22 August 2018 to be a true and correct record of the meeting.

CARRIED 6/0

7. DEPUTATIONS 7.1 Item 11.2.1 Local Planning Policy No.7 – Short Stay Accommodation – for Final

Determination – Ms Sharna Kearney Ms Sharna Kearney, Joint Chief Executive Officer of the Margaret River Busselton Tourism Association, addressed the meeting in relation to Item 11.2.1 Local Planning Policy No.7 – Short Stay Accommodation – for Final Determination, a summary of her deputation is as follows: The Margaret River Busselton Tourism Association is a not-for-profit membership based organisation representing more than 700 business across the region, including accommodation providers, tour and transport operators, attractions, restaurants, cafés, bars, breweries, wineries, farm gates and retailers. We are responsible for four caves, two lighthouses, an adventure ropes course, and airport ground handling. The funds we generate from these activities allows us to invest in the conservation and preservation of our natural and heritage assets, market the region to visitors, undertake visitor servicing and provide high quality attractions with a resulting contribution to the economy of the region. Holiday homes make up an important part of the region’s tourism offering. They provide additional accommodation inventory during peak periods and are becoming an increasingly popular choice for travellers who are seeking to truly embed themselves in a destination. Visitors staying in holiday homes have a positive impact on the tourism economy to the degree that they spend money on a range local products and services. By way of example, the use of holiday home booking platform, Airbnb, is very pervasive in Singapore. Singaporeans are one of the region’s most important international markets as they have a high propensity to visit during off-peak times, particularly winter, and disperse widely. According to the


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Bankwest Curtin Economics Centre study on the Impact of Airbnb on WA’s Tourism Industry, in 2016, approximately one quarter of Singaporean visitors to WA used the Airbnb platform to book their holiday. This is particularly important for a destination such as the Margaret River region where a heavily reliance on the Perth market creates seasonality issues. It is important to note that often the term ‘Airbnb’ is used to refer to holiday homes operating illegally. It is important to note that many holiday homes, and traditional accommodation for that matter, utilise travel distribution platforms like Airbnb, booking.com or Stayz, and are complying with local government laws. Having said all of this, holiday homes do have an unfair advantage over traditional accommodation to the degree that they are not required to meet the same government regulation, or pay rates and levies consistent with the commercial nature of their operation. The MRBTA is supportive of approaches that seek to level the playing field between holiday homes and traditional accommodation. The MRBTA is also supportive of the proper and demonstrated enforcement of holiday home policy and regulation. Holiday homes operating illegally create safety concerns for visitors, and have the potential to undermine the quality associated with the Margaret River region brand. Changes to ‘level the playing field’, including equal regulatory standards, payment of rates equivalent to existing commercial properties, and thorough ‘policing’ of compliance, will create a fairer system and raise the hurdle for home owners considering offering their houses to paying guests. These factors, combined with ATO requirements to pay income tax on earnings and capital gains tax on the sale of any property used for commercial purposes, will very likely act to limit the number of holiday homes as well as helping to ensure a higher quality. The Shire President thanked Ms Kearney for her deputation.

7.2 Item 11.2.1 Local Planning Policy No.7 – Short Stay Accommodation – for Final Determination – Mr Robert McDonald

Mr Robert McDonald on behalf on the Registered Accommodation Providers Margaret River Region, addressed the meeting in relation to Item 11.2.1 Local Planning Policy No.7 – Short Stay Accommodation – for Final Determination, a summary of his deputation is as follows:

Margaret River Statistics

Registered Accommodation Providers of Margaret River Region (RAPMRR) – who we are

Policy and Scheme Amendments

Regulation and Level Playing Field The Shire President thanked Mr McDonald for his deputation. 7.3 Item 11.2.3 Review of Dog Exercise Areas – Ms Tracey Murray Ms Tracey Murray, Trainer for Wholistic Dog Training, on behalf of Lesley Bremner, addressed the meeting in relation to Item 11.2.3 Review of Dog Exercise Areas. A summary of her deputation is as follows: The presentation this evening is to ask Shire and Councillors to approve the use of a section of the recreation area within Gloucester Park and be part of the 12 month trial for multi-use of facilities upon the Nippers Oval. The class times we propose are for a Thursday morning class at 10:30 am and a Sunday afternoon class at 4 pm. The recently concluded Dog Exercise Area Review was directed towards sizes and management of existing dog exercise areas with a query as to where the general public might see any new ones being established.


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Unfortunately there was no provision for comment about a structured activity such as ours. As a result Dog Training as a formal activity has received no written notification or allocation. Our group - Wholistic Dog Training - is a fully insured body with the aim of teaching responsible dog ownership as well as training appropriate dog behaviours and Effective Control. Training classes began in the Shire in the mid-1980’s at the constant urging of Dr Sheila Greenwell, one of the original district vets who still works with the Shire as required. She saw a need for people to improve the handling of their dogs; and the training classes have been running continuously since, for the past 30 years. Since January this year we have been using Hillier Park - pending the outcome of this current review. Hillier Park is unfortunately not proving suitable for a number of reasons that have been submitted in writing to the Shire. Not least of these reasons is the fact that Hillier Park is an open dog exercise area that is consistently and rightfully in use during training times. It is a great off-lead exercise park to be enjoyed but we are regularly having to manage off-lead dogs as well as exercising due diligence to the participants in our classes. We are lobbying to be able to use the Nippers Oval for the weekday morning class as well as the traditional Sunday afternoon class that is from 4 pm. That 4 pm class definitely works – which is why it has been retained for so many years. Participants range in age from mid-primary school through to people of pensioner age. It seems that for them all, the day’s doings are done; dog training happens and everyone settles for the Sunday evening. Time has definitely proven that this time slot works for the whole district. In this deputation to the meeting, we also need to address any objection regarding the infrequently scheduled later-afternoon activity on the Nippers Oval that might not be concluded by the 4 pm timeline. This has happened during all the years we have been using the Gloucester Park precinct. When this has occurred we simply adapt and snug into a small area for that session. It has never been an issue for our group or the other groups using the oval at that time slot. We adapt the class to the situation. The WDT insurance policy also covers random areas such as the old sheep shed area or the cattle yards with the Trainer retaining responsibility for safety management. Over the decades there would be numbers in the thousands who have participated in the training sessions and who make the effort to learn how to control their dogs. These people are the ones who become the leaders in dog-owner etiquette – the ones who are comfortable to walk their dogs on lead where required and to pick up after them. Therefore, in consideration and on behalf of these people, and in acknowledgement of those bringing their third or fourth dog along for training and socialisation, we sincerely ask that allowance and inclusion be made within the Review process for this type of training activity. Without this service Margaret River and Districts could well be faced with a much greater dog control issue than it currently does. Participants come from Augusta, Nannup and Yallingup-Dunsborough and the central safe location of Gloucester Park is definitely appropriate and appreciated. Inclusion of two sessions per week with that all-important 4 pm class on a Sunday forming part of the twelve month trial being proposed within the 2018 Review.

It is now very pleasing to say that at this point, subsequent to the request for the deputation, we have received indication that the Dog Training group is considered separate from the Trial and may continue to use Gloucester Park under a license arrangement as in previous years, at the times explained in our deputation, and for that we are very appreciative.

Formal indication from the AMR Shire that training classes are not part of the general dog review, and that they will be able to use Gloucester Park under a use-hire permit, will be a well-received outcome. The Shire President thanked Ms Murray for her deputation.


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8. PETITIONS

8.1 Request for Amendment to Proposed Times for Nippers Oval to be Used as a Dog Exercise Area – signed by 29 people The following petition from Ann Sims, requesting amendment to proposed times for Nippers Oval to be used as a dog exercise area, was presented. The petition read as follows: ‘We the undersigned acknowledge that the arrangements for the resiting of the dog park at the Gloucester Precinct is to change to shared use of the Nippers Oval. We respectfully request that the times for using the Nippers Oval as a dog park be extended during the week for a further two hours until 5pm. Currently there are many of us that used the original oval after work to allow out dogs to run off the leash and are unable to do this until after 4pm. Additionally we would be grateful if when there are no activities on the oval at the weekends, that dog owners be allowed to use the oval.’ MOTION / COUNCIL DECISION

CR GODDEN, CR EARL OM2018/219 That Council receives the petition requesting amendment to proposed times for Nippers Oval to be used as a dog exercise area.

CARRIED 6/0

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER

Nil

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1.1 CHANGE TO ORGANISATIONAL STRUCTURE

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GOV/40 REPORT AUTHOR Gary Evershed, Chief Executive Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF

The CEO inherited a delegation implemented by a previous Council for the previous CEO whereby Council’s function under Section 5.2 of the Local Government Act 1995 (the Act) for “ensuring that there is an appropriate structure for administering the local government” was delegated to the CEO.

Feedback from the Department Local Government Sport and Creative Industries and supported by legal advice obtained indicates that because the word Council is used in Section 5.2 rather than the word local government the function for “ensuring that there is an appropriate structure for administering the local government” cannot be delegated to the CEO.

Notwithstanding that Council ensures an appropriate structure for administering the Shire annually when adopting the budget, when adopting the Corporate and Operational Plans and when adopting the Workforce Plan, as all documents clearly outline the structure and key positions for administering the Shire.

The cancellation and withdrawal of Delegation 1 is recommended along with the formal adoption of the current structure as an appropriate administrative structure.

RECOMMENDATION That Council, to ensure that it complies with the obligation imposed on it by Section 5.2 of the Local Government Act 1995 (the Act), which prescribes that the Council “…is to ensure that there is an appropriate structure for administering the local government”, adopts a number of actions listed in the recommendation published later in the report.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The CEO inherited a delegation implemented by a previous Council for the previous CEO whereby Council’s function under Section 5.2 of the Act for “ensuring that there is an appropriate structure for administering the local government” was delegated to the CEO. This delegation has been reviewed every year and “rolled over” for the past ten years. Council has determined each year to continue with the system and has not requested that the delegation be withdrawn at any stage. In the past ten years there have been two major restructures. The first was presented to Council in a CEO report within the first twelve months of the CEO’s employment and the structure was endorsed (adopted) by Council. The restructure eliminated several middle management positions, which resulted in a saving of approximately $600,000 per annum. It was also adopted and actioned by Council in adopting the next budget as the Shire’s budget is formatted around the structure of the organisation and resources are allocated on the basis of Business Units and service areas. The second major restructuring was reported to Council on 26 August 2015 in a Councillor Briefing of which notes were kept and reported to Council. The restructuring resulted in greater efficiencies and customer service focus and a saving of approximately $120,000 resulted. The restructuring was


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reported to Council in a Briefing session and again adopted in the budget. The notes of the Briefing which were reported to Council are provided below. Date: 26 August 2015 – Councillor Briefings Margaret River

Attendance: Crs Smart, Hastie, Kennaugh, Haynes, Serventy, Earl and Veitch, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Director Sustainable Development, Iliya Hastings, HR Coordinator, Chantelle Hanrahan (for the first briefing) Organisational Restructure The CEO, Gary Evershed, gave a briefing on the organisational restructure of the Shire, and the financial and resource implications of the restructure.

In the lead up to this year’s budget on 9 May 2018, a confidential Councillor Briefing was conducted outlining which new positions were being requested to be funded through the budget.

Date: 9 May 2018 – Councillor Closed Briefing Attendance: Crs: Godden, Lane, McLeod, Meldrum, Smart, Townshend Officers: CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure Services, Markus Botte, and Director Sustainable Development, Dale Putland. Closed Briefing: Service Levels and Staffing Corporate and Community Planner, Stacey Hutt, presented on staffing levels and service. The CEO, Gary Evershed, outlined new positions required. The briefing was closed as in contained information relating to staff members. (Also in attendance: Manager Community and Human Services, Nigel Anderson, Manager Corporate Services, Andrew Ross, Coordinator Community Planning and Development, Jason Cleary) Closed Briefing: Labour Budget Manager Corporate Services, Andrew Ross, presented on the labour budget. The briefing was closed as in contained information relation to staff members. (Also in attendance: Manager Community and Human Services, Nigel Anderson, Coordinator Community Planning and Development, Jason Cleary, Corporate and Community Planner, Stacey Hutt)

It should be noted that in spite of the Delegation 1 being in place Council has discharged its function to ensure an appropriate structure is in place for administering the local government in five ways as outlined in the following list:

1. Annual Budget and Budget Reviews The budget papers are arranged in cost centres which clearly outline the key positions, business units and functions for administering the local government. The Directorates and key functional areas are given a separate cost centre and budget allocation with details of the staffing requirements itemised in the right hand column.

2. Corporate Plan 2018-22 The adopted Corporate Plan contains the organisational structure diagram by which the Shire is administered and the functions divided across the 5 Key Result Areas are itemized in the preamble for each KRA.

3. The Operational Plan 2018-19 The Operational Plan adopted by Council at the last meeting likewise contains the organisational structure diagram and provides a comprehensive list of Shire positions, business and service units and the functions and services for administering the Shire.


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4. The Workforce Plan The Workforce Plan provided to Council for adoption on a cyclical basis and again this outlines when new positions are required.

5. Council Decisions In addition to the above processes for ensuring that there is an appropriate structure Council from time to time makes decisions about the structure. For example in a separate resolution Council approved the position of an Economic Development Officer (EDO) in last year’s budget and requested a separate report be provided to Council in the last financial year to confirm the need for the position prior to advertising. Council has decided to rebadge the position and refocus the position as the Sustainable Economy Officer (SEO).

In summary there is clear evidence that Council has been discharging its function to ensure that there is an appropriate structure for administering the local government. CONSULTATION AND ADVICE External Consultation DLGSCI Julius Skinner – LSV Borello Lawyers Internal Consultation ELT DISCUSSION / OFFICER COMMENTS Section 5.42(1) provides that a local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act, subject to the limitations and exceptions set out in section 5.43. Advice received from the DLGSCI and confirmed by legal advice obtained confirms that because section 5.2 of the Act specifically refers to the Council rather than local government the power cannot be delegated. Therefore Delegation 1 of the Council suite of delegations to the CEO is therefore considered invalid and relates to a duty only Council can exercise. It is therefore recommended that the Delegation is withdrawn and that Council adopts the existing structure as “an appropriate structure for administering the local government” To correct the current situation and remove any doubt it is recommended that the current structure of the Shire be adopted by Council in accordance with Section 5.2 for the purposes of “ensuring that there is an appropriate structure for administering the local government”. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 5.42(1) of the Local Government Act 1995 Section 5.2 of the Local Government Act 1995 Section 5.36 (3) A person is not to be employed by a local government in any other position unless the CEO (a) believes that the person is suitably qualified for the position; and (b) is satisfied with the proposed arrangements relating to the person’s employment. Section 5.41(g) The CEO’s functions are to:

(g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees)

Fair Work Act 2009 in the legislation and head of power under which the Shire’s Enterprise Agreement is enacted and contains comprehensive clauses related to the requirements for advanced communication and negotiation of any workforce restructuring. . STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key result area 5: Effective leadership and governance Community Outcome 1: Responsible ownership of outcomes


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Strategic Response 2: Develop staff leadership throughout the organisation to assist with accountable decision making PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental The organisational structure assists in delivering a range of environmental programs. Social The organisational structure assists in delivering a range of social programs. Economic The organisational structure assists in delivering a range of economic programs. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council, to ensure that it complies with the obligation imposed on it by Section 5.2 of the Local Government Act 1995 (the Act), which prescribes that the Council “…is to ensure that there is an appropriate structure for administering the local government”: 1. Notes that legal advice received advises that Section 5.2 of the Act cannot be delegated and

cancels and withdraws Delegation 1 from the list of Council delegations; 2. Confirms the Structure for Administering the Shire of Augusta Margaret River as contained in the

recently adopted Operational Plan 2018-19 and the 2018-19 Budget as and outlined in the following organisational chart as an appropriate structure for administering the Shire of Augusta Margaret River;


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3. Notes that in accordance with the Act, the CEO’s function is to manage the day-to-day operations of the local government and be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees) within the adopted Structure; and

4. Consistent with the functions described in (3), Council authorises the CEO to allocate employees across Business and Service Units, where he or she considers doing so increases organisational effectiveness and efficiency and/or improved customer service.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION

CR GODDEN, CR EARL That Council, to ensure that it complies with the obligation imposed on it by Section 5.2 of the Local Government Act 1995 (the Act), which prescribes that the Council “…is to ensure that there is an appropriate structure for administering the local government”: 1. Notes that legal advice received advises that Section 5.2 of the Act cannot be delegated and

cancels and withdraws Delegation 1 from the list of Council delegations; 2. Confirms the Structure for Administering the Shire of Augusta Margaret River as contained

in the recently adopted Operational Plan 2018-19 and the 2018-19 Budget and as outlined in the following organisational chart as an appropriate structure for administering the Shire of Augusta Margaret River;

3. Notes that in accordance with the Act, the CEO’s function is to manage the day-to-day

operations of the local government and be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees) within the adopted Structure; and

4. Consistent with the functions described in (3), Council authorises the CEO to allocate employees across Business and Service Units, where he or she considers doing so increases organisational effectiveness and efficiency and/or improved customer service.

0/0


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Cr Godden moved the following amendment: AMENDMENT / COUNCIL DECISION

CR GODDEN, CR EARL OM2018/220 That the following be added as point 5: 5. That Council receives an annual briefing and subsequent report on the organisational

structure and any identified limitations to effective administration, as part of the annual budget consideration process.

CARRIED 6/0

REASON Cr Godden provided the following reason: ‘By receiving a briefing and report each year during budget deliberations, Council will be adequately informed about the administration’s organisational structure and any limitations to effective administration. This will enable Council to be informed as required to uphold its responsibilities under section 5.2 of the Local Government Act of ‘ensuring that there is an appropriate structure for administering the local government.’ This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION

CR GODDEN, CR EARL OM2018/221 That Council, to ensure that it complies with the obligation imposed on it by Section 5.2 of the Local Government Act 1995 (the Act), which prescribes that the Council “…is to ensure that there is an appropriate structure for administering the local government”: 1. Notes that legal advice received advises that Section 5.2 of the Act cannot be delegated and

cancels and withdraws Delegation 1 from the list of Council delegations; 2. Confirms the Structure for Administering the Shire of Augusta Margaret River as contained

in the recently adopted Operational Plan 2018-19 and the 2018-19 Budget and as outlined in the following organisational chart as an appropriate structure for administering the Shire of Augusta Margaret River;

3. Notes that in accordance with the Act, the CEO’s function is to manage the day-to-day

operations of the local government and be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees) within the adopted Structure;


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4. Consistent with the functions described in (3), Council authorises the CEO to allocate employees across Business and Service Units, where he or she considers doing so increases organisational effectiveness and efficiency and/or improved customer service; and

5. That Council receive an annual briefing and subsequent report on the organisational structure and any identified limitations to effective administration, as part of the annual budget consideration process.

CARRIED 6/0


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11.1.2 COUNCIL DECISION ACTION LIST JANUARY - JUNE 2018

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GOV/61 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF

This report is provided to Council to show the action status of Council resolutions for the period January 2018 to June 2018 and to provide a comparison in reporting statistics from the previous six months.

Attachment 1 lists the decisions which have been made since January 2018 and allows Councillors to track the progress of resolutions of Council.

RECOMMENDATION That Council: 1. Notes the 111 resolutions of Ordinary and Special Meetings for the period January 2018 and June

2018 contained in Attachment 1, of which 98 have been completed or require no further action; and 2. Notes the progress of the 13 incomplete items.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Council is charged with the duty to responsibly govern the local government’s affairs (s2.7 Local Government Act (1995)), and does so by making well informed and duly considered decisions at its fortnightly Ordinary Meetings and any other Special Meetings that are called. On a fortnightly basis, or as actions occur, updates on the progress status of Council decisions are made within the Council Meeting Decisions Action List. Of the 111 decisions that were determined by Council during Ordinary and Special Council Meetings between January 2018 and June 2018, 98 have been completed or required no further action. Those items marked ‘In Progress’ have been rolled over for continued reporting, updating and completion. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Chief Executive Officer Directors Reporting Officers DISCUSSION / OFFICER COMMENTS According to the Shire’s Corporate Plan 2018-2022, one of the Chief Executive Officer’s key responsibilities is to ensure that Council decisions are implemented in a timely manner. A Council Decisions Action List is used by the CEO and his staff to regularly update the action status of all Council resolutions so that timely implementation of decisions can be tracked, and so that relevant and accurate information can be passed on to Councillors and the community.


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The following information provides a breakdown of how many items have been raised by the directorates, Councillors, and Special Meetings (and which require a Council decision) in the six months between January 2018 and June 2018.

Number of items Action Status

Chief Executive’s Office 20

3 actions in progress

17 actions completed/no

further action

Sustainable Development 28

1 action in progress


further action

Infrastructure Services 13



further action

Corporate and Community

Services 43

1 action in progress


further action

Members of Council 6


2 actions completed/no further

action

Special Meetings 1 1 action in progress

Total number of decisions

made 111


98 actions completed or no

further action required

The following table lists the decisions that are still being actioned for the period January – June 2018:

Council Decisions – Actions in Progress

Date Item Decision Number

Progress Status

27.06.18 Trail between Augusta Boat Harbour and Dead Finish – Cr Smart

OM2018/162 RFQ issued. Closed 24 August 2018.

13.06.18 Review of Governance Charter

OM2018/134 The Governance Officer is currently redrafting this document, will be brought back to Council before the calendar year.

13.06.18 The Tackling Disadvantage Stream of the Economic Sustainability Strategy

OM2018/137 This has been given to stakeholders for feedback and is being publicly advertised.

05.06.18 Cape to Cape Winter Diversion Track

SM2018/2 SM2018/3 SM2018/4 SM2018/5 SM2018/6

SM2018/2 – part 1-5 complete, part 6 in progress SM2018/3 – action complete SM2018/4 – in progress SM2018/5 – action complete SM2018/6 – action complete

23.05.18 Formation of a Sustainable Economy Advisory Committee – Cr McLeod

OM2018/127 Report going to 12 September 2018 Ordinary Council Meeting.

09.05.18 Recruitment of a Sustainable Economy Officer

OM2018/110 Further information going to 12 September 2018 Ordinary Council Meeting.


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09.05.18 Margaret River Youth Precinct Cafe

OM2018/114 Lease negotiations are currently underway with Soggybones looking to move in Sept/Oct 2018.

09.05.18 Climate Change Initiatives

OM2018/116 Climate Change Resources Plan prepared. Adoption plan funded through 18-19 budget.

11.04.18 Winter Diversion Track – Apology re, mistakes made in relation to Aboriginal Heritage – Cr Godden

OM2018/103 OM2018/104 OM2018/105

OM2018/103 action complete OM2018/104 in progress. Council’s Reconciliation Action Plan commencing in 2018/19 OM2018/105 in progress. Briefing to be scheduled.

28.03.18 Additional Purpose to Reserve 28928 – Poole Road, Kudardup

OM2018/87 Pending approval from Planning, Lands and Heritage

28.03.18 Cape to Cape Track – Winter Diversion

OM2018/73 Point 3 in progress

28.02.18 Boundary Realignment of Reserve 45243 and Reserve 12298 – Wallcliffe Bush Fire Brigade


14.02.18 Augusta Margaret River Events Strategy 2018

OM2015/27 Council briefing by consultant completed. Councillor workshop pending staff resource availability.

In the 6 months previous to this reporting period (July – December 2017), 131 decisions were determined by Council, 127 of which have been actioned or required no further action. The following table lists the decisions that are still being actioned for the period of July – December 2017:



Progress Status

13.12.17 Flinders Bay Boat Ramp OM2017/341 Site meeting was held on 1 March 2018 with Department of Transport following a response to the Shire’s letter received from the Minister. Further action pending discussions with DoT.

08.11.17 Proposed Addition of Reserve 12951 to Scott National Park and Conservation Reserve

OM2017/259 In progress. Have emailed Department of Biodiversity Conservation and Attractions advising of Council decision, awaiting response regarding a briefing.

27.09.17 Obstruction of Waddingham Road Thoroughfare

OM2017/235 Delayed at owners request.

09.08.17 Turner Caravan Park Masterplan

OM2017/197 Progressing the overall site master plan and underpinning business plan for future staged development which is to be completed in October 2018.

The following table lists the decisions that are still being actioned for the period of January – June 2017:



Progress Status

28.06.17 Adoption of Economic Development Strategy

OM2017/145 In progress, awaiting final redraft.


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24.05.17 CEO Policy Review OM2017/119 One outstanding policy on Council Attendance at Sponsored Events.

10.05.17 Margaret River Speedway Lease

OM2017/106 In progress

26.04.17 Rotary Forest Playground – Nature Play Concept Plan

OM2017/104 Project on hold pending future budget allocation.

08.02.17 Road Dedication and Proposed Road closure of Unrequired Road Reserve – McDonald Road, Karridale


08.02.17 Formation of Working Group – Indigenous Engagement – Cr Pam Townshend

OM2017/41

The wording of the motion makes it difficult to implement. The Shire is working with the South West Boojarah Working Party and the Department of Lands, Planning and Heritage to progress works on the Margaret River.

The following table lists the decisions that are still being actioned for the period of July – December 2016:



Progress Status

14.12.16 Proposed Amalgamation of Reserves – Flinders Bay Caravan Park


14.09.16 Bush Fire Advisory Committee Meeting Minutes

OM2016/196 In progress

The following table lists the decisions that are still being actioned for the period of January 2016 – June 2016:



Progress Status

27.01.16 11.3.1 Proposed Improvements to Tourist Directional Signage on Main Roads and Roadside Visitor Information

OM2016/13 Collaborating with City of Busselton, Main Roads WA and MRBTA. CapeROC provided $30,000 at August 2017 meeting to appoint a contractor to do a costing plan for sign improvements for the City and the Shire to present to MRWA. GHD have been appointed. City of Busselton to provide an update at the 31 August 2018 CapeROC meeting.

The following table lists the decision that is still being actioned for the period of July 2015 to December 2015:



Progress Status

14.10.15 15.1 Turner Caravan Park Management Options

OM2015/217 Progressing the overall site master plan and underpinning business plan for future staged development which is to be completed in October 2018.


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Reports relating to monthly financial data, lists of payments and updates on investment activity generally require no action but are required to be reported to Council under the Local Government (Financial Management) Regulations 1996, Regulation 13(1). Reports relating to Committees of Council often require no further action by Shire staff but are provided to Council in order to keep elected members informed of the Committees’ progress. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS s5.20 Local Government Act (1995) STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 5: Effective leadership and governance Community Outcome 1: Effective governance and corporate leadership Strategic Response 1.4: Provide Councillors with high quality and current information for effective decision making. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Where applicable, environmental implications are considered by Councillors when making decisions, as Council has made a commitment to ensure an integrated approach to protecting the natural environment for current and future generations. Social Decisions of Council are made in the best interests of the community, so timely and effective implementation of these resolutions by the CEO leads to a better resourced and better serviced community. Economic Efficient and well-planned implementation of Council decisions by CEO direction and high quality staff leads to fewer staff hours spent on projects and better risk mitigation, which can lead to cost savings into the future. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes the 111resolutions of Ordinary and Special Meetings for the period January 2018 and June

2018 contained in Attachment 1, of which 98 have been completed or require no further action; and 2. Notes the progress of the 13 incomplete items. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Council Meeting Decision Action List January 2018 – June 2018


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RECOMMENDATION / COUNCIL DECISION

CR MELDRUM, CR EARL OM2018/222 That Council: 1. Notes the 111 resolutions of Ordinary and Special Meetings for the period January 2018 and

June 2018 contained in Attachment 1, of which 98 have been completed or require no further action; and

2. Notes the progress of the 13 incomplete items. CARRIED 6/0


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11.1.3 INSTRUMENT OF APPOINTMENT FOR THE SUSTAINABLE ECONOMY ADVISORY COMMITTEE

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/115 REPORT AUTHOR Gary Evershed, Chief Executive Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF

On 25 May 2018 Council resolved to establish a Sustainable Economy Advisory Committee (SEAC) with the CEO to draft up the Instrument of Appointment and Delegation (Terms of Reference) including the suggested composition of the committee for Council’s consideration

The CEO has prepared a draft Instrument of Appointment based on his understanding of Council’s requirements for the committee which is provided for Council consideration and adoption prior to recruitment of the members

The drafting up of a position description for the Sustainable Economy Officer (SOE) position is an administrative (CEO) function under the Act but due to the innovative nature of the position and a high level of Councillor interest, a draft Position Description (PD) for the SOE is also provided for any Councillor feedback by email prior to finalisation by the CEO

RECOMMENDATION That Council: 1. Adopts the Instrument of Appointment and Delegation for the Sustainable Economy Advisory

Committee (SEAC) and commences the recruitment of committee members to be appointed by Council at a future meeting;

2. Requests any Councillors to provide separate feedback to the CEO by email on the draft Sustainable Economy Officer position; and

3. Notes that the Industry Leaders Group will be disbanded once the SEAC is operational.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND At the Ordinary Council Meeting of 25 May Council considered a Notice of Motion by Cr McLeod “that Council resolves to form a Sustainable Economy Advisory Committee and requests the CEO to draft an Instrument of Appointment and Delegation (Terms of Reference and recommended representation) for the operation of the Committee for further Council consideration”. The motion was amended, “to make it clear that the CEO would draw up the ToR for Council approval and for membership to be determined before any action was taken to appoint or invite members on to the committee”. CR MCLEOD, CR EARL OM2018/127

1. That Council resolves to form a Sustainable Economy Advisory Committee. 2. Prior to appointment or invitation to members of the committee the CEO to draw up

Terms of Reference for discussion and approval by Council. CARRIED 5/2

Crs Godden and Meldrum voted against


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CEO Comment: It should be noted that members of Council committees need to be appointed by an absolute majority of Councillors at a Council meeting so the Notice of Motion and the amended motion have the same effect. Council then moved the following supplementary motion: That Council authorises the CEO to proceed with the recruitment of a Sustainable Economy Officer (SEO) to support the Augusta Margaret River community to transition to livelihoods and enterprises that are sustainable, climate-resilient, diverse and locally-owned in a circular economy, a regenerative and improving environment and a just community that upholds the rights of everyone.

CARRIED 6/0 The supplementary motion was moved as it “upholds Council’s and community’s strategic vision for our economic future, as outlined in the 2036 Community Strategic Plan. It responds to economic uncertainty and climate change and indicates Council’s commitment to a transition to a truly sustainable local economy. Council will prioritise projects to support this transition in the Corporate Plan, finalising the Economic Development Strategy and the CEO’s KPIs”. CONSULTATION AND ADVICE External Consultation Stakeholder and Consultant Input The Shire acknowledges the publications and contributions informing the ED Strategy provided by the Region’s key stakeholders including :

Margaret River Busselton Tourism Association,

South West Development Commission (SWDC),

Capes Region Voluntary Organisation of Councils (CapeROC),

Margaret River Wine Association (MRWA),

Margaret River and Augusta Chambers of Commerce and Industry (MRCCI and ACCI),

Cowaramup Traders Association,

Creative Emergence,

Margaret River Education Campus (MREC);

AEC 2011 Economic Development Plan commissioned by the Shire under the SuperTown program;

Lawrence Consulting , “Shire of Augusta Margaret River Economic Profile 2017”.

Stocker and Burke, “Tackling Disadvantage through the Economic Development Strategy”. Community Consultation Extensive community consultation has been undertaken in developing the direction and content of the strategy including:

Public submissions on the draft EDS;

Feedback from the two Food and Agricultural Summit held on 8 & 9 April 2016 and the 10 August, 2017;

CEO Presentation and Community Workshop held at MREC in conjunction with Curtin University 28 July, 2016 and workshop feedback;

Key industry focus groups conducted by Dr Jack Carlsen with MRCCI, ACCCI and Cowaramup Traders Association;

Whole of Shire tri-annual community survey questions, and

Community Reference Group workshops for the Your 2036 Community Plan held at various locations in the Shire.

Consultation conducted by Stocker and Burke Internal Consultation Executive Leadership Team Senior Leadership Team DISCUSSION / OFFICER COMMENTS The CEO has prepared a draft Instrument of Appointment based on his understanding of Council’s requirements and suggested wording from previous Council decisions for the committee which is


26

provided for Council consideration and adoption prior to recruitment of the members. The draft SEAC Instrument of Appointment outlines the overarching role of the Committee based on the wording of Council’s decision in relation to the Sustainable Economy Officer as follows: “To formulate for Council’s consideration recommendations on policy, programs and projects to support the Augusta Margaret River community to transition to livelihoods and enterprises that are sustainable, climate-resilient, diverse and locally-owned in a circular economy, a regenerative and improving environment and a just community that upholds the rights of everyone”. The draft objectives are as follows:

1. To recognise the fundamental importance of a healthy natural environment as the most importance base for supporting sustainable economic activity in the Shire and to ensure that economic activities conducted in the Shire do not damage or denigrate the natural environment.

2. To provide a forum for key stakeholder representatives to participate in developing a sustainable economy and provide relevant advice to Council

3. To foster the creation of sustainable livelihoods and enterprises which reduce inequality and social disadvantage

4. To foster the creation of sustainable livelihoods and enterprises which are climate resilient. 5. To foster the transition from the linear economy (take, make, dispose) to a regenerative circular

economy (reduce, reuse, recycle) 6. To develop strategies for Aboriginal and Culturally and Linguistic Diverse communities to fully

participate in sustainable economic activity 7. To foster economic vibrancy in towns, villages and hamlets and assist local businesses to

remain viable and successful 8. To develop strategies to achieve the Shire’s Vision 2036 and the key objectives of the

Sustainable Economy Strategy

It is recommended that membership of the SEAC shall be based on the current Industry Leaders Group which has representation from key business and industry groups and supplemented by the adition of Nature Conservation and a South West Development Commission delegate as follows:

a) One Councillor appointed by the Councillor plus the Shire President or two Councillors should the Shire President decline to participate;

b) One representative of the South West Development Commission (SWDC); c) One representative of the Margaret River Chamber of Commerce and Industry (MRCCI); d) One representative of the Augusta Chamber of Commerce and Industry (Augusta CCI); e) One representative of the Margaret River Wine Industry Association (MRWIA); f) One representative of the Margaret River Busselton Tourism Association (MRBTA); g) One representative of the Cowaramup Retailers Association (CRA); h) One representative of the Scott River Growers Group; i) One representative of the Margaret River Regional Producers Association (MRRPA) j) One representative of Nature Conservation Margaret River Region (NCMR)

The draft PD for the Sustainable Economy Officer is included as an attachment and is consistent with the draft SEAC terms of reference. Again, the PD draft is based on the CEO’s understanding of what Council is requiring of the position based on its previous discussions and decisions on the Sustainable Economy Strategy and the Sustainable Economy Officer position. Although the formulation of a PD is clearly an administrative role of the CEO under the LGA (Section 5.36(3) and Section 5.41(g) the CEO is prepared to receive any feedback by separate email outside of the meeting for consideration in finalising the meeting. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Matters relating to Committees of Council are outlined under Division 2 Subdivision 2 of the Local Government Act 1995. Committee members are appointed by an absolute majority vote of Council. The membership of the SEAC is recommended to be made up of two Councillors, inclusive of the Shire President if they wish to be a member, and from community members nominated by stakeholder organisations. It is recommended that no staff members be appointed to the committee. The CEO envisages that the main reporting officer to the SEAC will be the Sustainable Economy Officer.


27

Under the Local Government Act 1995 the CEO has carriage of the responsibility for the employment and employment arrangements of staff which includes the Position Description under which the SEO will work. Section 5.36 (3) A person is not to be employed by a local government in any other position (than the CEO) unless the CEO (a) believes that the person is suitably qualified for the position; and (b) is satisfied with the proposed arrangements relating to the person’s employment. Section 5.41(g) The CEO’s functions are to:

(g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees)

Under the Rules of Conduct Regulations there is a prohibition on Councillors becoming involved in Administration. The making of a PD is a Human Resource function carried out by Shire Administration and therefore it is not up to Council to adopt a PD for any position other than the Chief Executive Officer. Due to Councillor interest in the position and desire to participate in the workshop, the CEO has on this occasion, decided to seek any feedback via email. However, the arrangements for staffing, including the content of the PD, is the responsibility of the CEO and Human Resources. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key result area 1: Valuing, protecting and enhancing the natural environment Community Outcome 1: Ecology and biodiversity protection Community Outcome 2: Healthy waterways and heir foreshores Community Outcome 3: Healthy forest and natural landscapes Community Outcome 4: Continued unique and iconic landscapes Community Outcome 5: Ecological resilience in the face of changing climate Key Result Area 2: Welcoming, inclusive and healthy communities PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Environmental benefits as outlined in the draft objectives of the committee. Economic activity needs to be conducted in a sustainable manner which does not adversely impact on the environment. Social The committee will provide a forum for key stakeholder representatives to participate in developing a sustainable economy and provide relevant advice to Council Economic The sustainability of the Shire’s economy is intrinsically linked to the quality of our environment. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Adopts the Instrument of Appointment and Delegation for the Sustainable Economy Advisory

Committee (SEAC) and commences the recruitment of committee members to be appointed by Council at a future meeting;



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3. Notes that the Industry Leaders Group will be disbanded once the SEAC is operational. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Instrument of Appointment and Delegation for SEAC 2. Draft Position Description for Sustainable Economy Officer RECOMMENDATION

CR EARL, CR GODDEN That Council: 1. Adopts the Instrument of Appointment and Delegation for the Sustainable Economy

Advisory Committee (SEAC) and commences the recruitment of committee members to be appointed by Council at a future meeting;


3. Notes that the Industry Leaders Group will be disbanded once the SEAC is operational. 0/0

Cr Earl moved the following amendment: AMENDMENT / COUNCIL DECISION

CR EARL, CR MCLEOD OM2018/223 That the following be added as point 4: 4. Council requests that the CEO, as a matter of urgency, commences the employment process

for the SEO and that the initial priority job will be to support local businesses to develop and implement sustainable strategies to adapt to the current economic downturn.

CARRIED 6/0

REASON Cr Earl provided the following reason: ‘A considerable amount of local businesses appear to be struggling at this point in time and as a Council we need to get behind them and show our support.’ This then became the primary motion: PRIMARY MOTION


Advisory Committee (SEAC) and commences the recruitment of committee members to be appointed by Council at a future meeting;

2. Requests any Councillors to provide separate feedback to the CEO by email on the draft Sustainable Economy Officer position;

3. Notes that the Industry Leaders Group will be disbanded once the SEAC is operational; and 4. Council request that the CEO, as a matter of urgency, commence the employment process


0/0

Cr McLeod then moved the following amendment: AMENDMENT

CR MCLEOD, CR EARL That the Membership of the Instrument of Appointment and Delegation for the Sustainable Economy Committee be amended to include addition of the following members:


29

Two representatives from Creative Corners Inc; One for creative Industries and one for digital economy.

0/0

REASON Cr McLeod spoke to the motion stating the importance and benefits of representation from Creative Corner Inc. Cr Godden, with consent of the mover and seconder, amended the motion to ‘one representative from Creative Corner Inc’ and ‘one local representative representing the digital economy’. REASON Cr Godden spoke to the motion stating she was not comfortable with two representatives from the same group. The amendment was then amended as follows: AMENDMENT / COUNCIL DECISION

CR MCLEOD, CR EARL OM2018/224 That the Membership of the Instrument of Appointment and Delegation for the Sustainable Economy Committee be amended to include addition of the following members:

One representative from Creative Corner Inc; One local representative representing the digital economy

CARRIED 6/0

This then became the primary motion: PRIMARY MOTION


Advisory Committee (SEAC) with inclusion of the following members: k) One representative from Creative Corner Inc;

l) One local representative representing the digital economy and commences the recruitment of committee members to be appointed by Council at a future meeting;




0/0

Cr Godden then moved the following amendment: AMENDMENT / COUNCIL DECISION

CR GODDEN, CR MCLEOD OM2018/225 That the Membership of the Instrument of Appointment and Delegation for the Sustainable Economy Committee be amended as follows:

a) One Two Councillors appointed by the Councillor plus the Shire President or two three Councillors should the Shire President decline to participate.

TIED 3/3 CRS EARL, SMART AND TOWNSHEND VOTED AGAINST THE MOTION

CR TOWNSHEND THEN CAST HER SECOND VOTE TO VOTE AGAINST THE MOTION LOST 4/3


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REASON CR Godden provided the following reason: ‘Council's Sustainable Advisory Committee has positions for three Councillors due to keen interest on the Council for the issues considered in the Committee. It is anticipated that there will also be significant interest on the Council for the issues considered in the Sustainable Economy Committee, and thus it is recommended to allow up to three Councillors on the Committee (inclusive of the Shire President if desirous of participating). ‘ Cr Godden then moved the following amendment:

Cr Earl left Chambers at 6.21pm Cr Earl re-entered Chambers at 6.21pm AMENDMENT / COUNCIL DECISION

CR GODDEN, CR MELDRUM OM2018/226

That the Membership of the Instrument of Appointment and Delegation for the Sustainable Economy Committee be amended to include addition of the following members:

m) One representative of Margaret River Regional Environment Centre n) One representative each from two local social justice groups o) One representative of Transition Margaret River

CARRIED 4/2 CRS EARL AND MCLEOD VOTED AGAINST

REASON Cr Godden provided the following reason: ‘The Instrument of Appointment and Delegation outlines that the role of the Sustainable Economy Committee is to ‘formulate for Council’s consideration recommendations on policy, programs and projects to support the Augusta Margaret River community to transition to livelihoods and enterprises that are sustainable, climate-resilient, diverse and locally-owned in a circular economy, a regenerative and improving environment and a just community that upholds the rights of everyone’. As such, it is important that the Committee includes representatives that have expertise in all pillars of sustainability, including the economy, environment, social justice, and community. Currently the membership is heavily weighted towards local groups with expertise on local economic industries, and lacks sufficient expertise in climate change and social justice. Furthermore, the inclusion of only one environment organisation does not reflect Council and the community’s commitment to the ‘environment first’ principle.

Given that Objective 1 of the Committee is that the environment is ‘the most important base for supporting economic activity’ and that ‘economic activities conducted in the Shire do not damage or denigrate the environment’, it is legitimate for there to be two environment organisations in the Committee. The inclusion of Margaret River Regional Environment Centre will bring diversity of environment perspectives to the Committee and encourage evidence-based discussion and decision-making.

Similarly, given that the Objective 3 of the Committee is to ‘foster the creation of sustainable livelihoods and enterprises which reduce inequality and social disadvantage’ and Objective 6 is to ‘develop strategies for Aboriginal and Culturally and Linguistically Diverse communities to fully participate in sustainable economy activity’, it is legitimate for there to be representatives of two different social justice organisations in the Committee. It is suggested that these organisations are not named to encourage local groups to self-nominate, as there is no peak social justice organisation in the community. The inclusion of two social justice groups will also bring diversity of social justice perspectives to the Committee and encourage evidence-based discussion and decision-making.

Additionally, given that Objective 4 of the Committee is to ‘foster the creation of sustainable livelihoods and enterprises which are climate resilient’, it is legitimate to include Transition Margaret River in the Committee, as TMR is the leading local organisation supporting our community to adapt to climate change and transition to a climate-resilient economy. The inclusion of Transition Margaret River will bring an important climate change voice to assist the Committee to achieve its goals, and encourage evidence-based discussion and decision-making.

Finally, several other Council Committees have a membership larger than the 12 members currently suggested in the Instrument of Appointment and Delegation, as follows: - Sustainability Advisory Committee: 14 members


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- Local Emergency Management Committee: At least 18 members - Sport and Recreation Advisory Committee: 25 members - Bush Fire Advisory Committee: 13 members It is anticipated that an additional five members on the Sustainable Economy Committee (total 17 members including three Councillors) will not significantly impact the effectiveness of the Committee, particularly as not all members will be able to attend every meeting.’ The Director Infrastructure Services left Chambers at 6.34pm The Director Infrastructure Services re-entered Chambers at 6.34pm This then became the primary motion: PRIMARY MOTION


Advisory Committee (SEAC) with inclusion of the following members: k) One representative from Creative Corner Inc;

l) One local representative representing the digital economy m) One representative of Margaret River Regional Environment Centre n) One representative each from two local social justice groups o) One representative of Transition Margaret River

and commences the recruitment of committee members to be appointed by Council at a future meeting;




0/0

Cr Earl then moved the following amendment: AMENDMENT / COUNCIL DECISION

CR EARL, CR MCLEOD OM2018/227 That the Membership of the Instrument of Appointment and Delegation for the Sustainable Economy Committee be amended to include addition of the following members:

p) That Registered Accommodation Providers Margaret River Region be offered a position on SEAC once they are properly constituted.

CARRIED 6/0

REASON Cr Earl spoke to the amendment stating the importance of offering the group a position on the SEAC. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION

CR EARL, CR GODDEN OM2018/228 That Council: 1. Adopts the Instrument of Appointment and Delegation for the Sustainable Economy

Advisory Committee (SEAC) with inclusion of the following members: k) One representative of Creative Corner Inc;

l) One local representative representing the digital economy; m) One representative of Margaret River Regional Environment Centre; n) One representative each from two local social justice groups; o) One representative of Transition Margaret River; and


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p) That Registered Accommodation Providers Margaret River Region be offered one position on SEAC once they are properly constituted.

and commences the recruitment of committee members to be appointed by Council at a future meeting;




CARRIED 6/0


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11.2. Sustainable Development


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11.2.1 LOCAL PLANNING POLICY NO. 7 - SHORT STAY ACCOMODATION - FOR FINAL DETERMINATION

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER N/A FILE REFERENCE LND/114 REPORT AUTHOR Matt Cuthbert, Acting Manager Planning and Development AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF

Council resolved to advertise changes to Local Planning Policy 7 – Holiday Homes (renamed Short Stay Accommodation) on 9 May 2018.

A consultation process has been undertaken inclusive of workshops held with groups having a special interest in this topic.

A total of 73 written submissions were received raising a wide range of issues.

It is recommended that Council adopt the amended policy.

RECOMMENDATION That Council adopts LPP7 – Short Stay Accommodation subject to the modifications outlined in this report to address issues raised during the consultation period.

TABLED ITEMS Nil BACKGROUND On the 9 May 2018 Council resolved to advertise for the purposes of consultation, a revised Local Planning Policy (No. 7). THE PROPOSAL The primary changes made to the existing policy are as follows:

No. Change Reason

Policy Format

1 Change name of Policy to LPP7 – Short Stay Uses in Residential areas.

To reflect the intended inclusion of parameters relating to ‘Guesthouses’ and ‘Bed and Breakfast’ land uses.

2 Remove ‘performance criteria’ from the Policy

To provide greater certainty for residents, applicants and decision makers.

Location

3 Modify Policy Area Map Avoids cutting through property boundaries. Includes properties in ‘Stewart Street’ precinct, which have been specifically identified for short stay use via prior structure planning.

4 Include a policy provision which limits guesthouses to the same areas as holiday houses.

Guesthouses have the same potential to negatively impact upon surrounding residential amenity as holiday houses.

5 Modify Policy provision AD1.3 which currently allows Holiday Houses on lots

To address concerns and objections regarding holiday homes coming from


35

greater than 1,000m2 such that it prevents holiday houses other than in defined areas unless the property is 1ha in size.

residents within ‘low density’ residential areas. Residents advise that their choice to live in these areas is influenced by an understanding that they are quiet ‘lifestyle’ areas which are different in character to more traditional suburban areas or rural residential lots.

Management

6 Modify Policy provision AD5.2 so that a manager must be located with 35mins drive from the holiday house (reduced from 1 hour)

Ensures that complaints can be handled in a more timely way.

7 Include a policy provision which allows the owner of a holiday house to reside in an ancillary dwelling located on the same property.

Currently, if a dwelling is approved for holiday house use, any ancillary dwelling on the property must not be used for accommodation purposes of any sort. The change would allow an owner to reside on the property thus being able to take an active management role, and deal with any issues immediately.

Size

8 Remove specific reference to a maximum of 8 occupants.

Holiday Houses fall into two categories being Holiday House (up to 6 persons), and Holiday House large (up to 12 persons). The number of persons which can be accommodated in a house is otherwise guided by such limiting factors as the number of bedrooms and the capacity of any onsite effluent disposal systems.

9. Include provision, which confirms that each bedroom can only be accommodated by a maximum 2 persons over the age of 2.

A greater number of residents can increase the risk of offsite issues such as noise. This provision removes the ability to have ‘bunk rooms’.

Form

10 Include provision which more clearly articulates the form of a guesthouse as needing to be purpose built (as distinct from a dwelling)

The Shire has received applications for structures which are purported to be ‘guesthouses’ but could also be used as two separate dwellings in an area where this level of development would not otherwise be allowed. Additional provisions will provide a greater capacity for the Shire to refuse development which does not represent a genuine form of guesthouse.

11 Include a provision, which more clearly articulates the form of bed and breakfasts as being conducted within a dwelling.

The use ancillary dwellings for short stay accommodation purposes (see 13 below) can currently be achieved by removing the kitchen and changing the use of the structure to a separate part of the primary dwelling. This is not consistent with a more traditional understanding of a bed and breakfast land use where guests are accommodated within the primary dwelling.

Affordability


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12. Include a provision which prevents the use of single bedroom dwellings for holiday house use

Single bedroom dwellings receive a concession from the land area requirements of the R-Codes on the basis that they provide for a more affordable form of housing. Use of these properties for short stay use is counter to this objective.

13. Include a provision which prevents the use of an ancillary dwelling for holiday house use.

Ancillary dwellings receive a concession from the land area requirements of the R-Codes on the basis that they provide for a more affordable form of housing. Use of these properties for short stay use is counter to this objective.

Fire

14. Include a policy provision to reiterate the requirements of SPP3.7 and the Planning for Bushfire Prone Area guidelines which do not support ‘vulnerable landuses’ within areas having a BAL rating of 40 or FZ.

In order to reinforce the state government’s position in this regard.

PLANNING FRAMEWORK The LPP review has been conducted pursuant to the Deemed Provisions of LPS1, which provide a procedure for making or amending an LPP. CONSULTATION Consultation has occurred using two methods. The first was a series of three public workshops which were held with groups holding differing perspectives on the topic of holiday homes, being residents opposed to holiday homes, current holiday home operators and the traditional tourism industry (MRBTA members). The workshops provided an opportunity for Shire staff to explain the proposed changes to the policy and for attendees to ask questions. Feedback provided at the workshops revealed that the main issue of concern was the perceived lack of a ’level playing field’. To this end, unauthorised operators were identified by participants as the primary issue in terms of negatively impacting on existing businesses and affecting the region’s premium brand. Participants called on the Shire to undertake more compliance action. In terms of negative impacts on amenity, which were also raised, participants were generally less concerned about ‘hosted’ forms of accommodation such as BnB’s and guesthouses. A separate and fourth workshop was held amongst unauthorised holiday home operators. A Local small business consultant led the session and recorded notes on the Shire’s behalf given the preference amongst this group for anonymity. A report can be found at Attachment 1 which outlines feedback collected at the workshop. Interestingly, despite their concerns about being identified, participants expressed an enthusiasm for working together with the Shire in a second and more fundamental review of the policy. The second means of consultation was by way of a call for written ‘submissions’. A total of 73 submissions were received, 12 being in support including a submission from the MRBTA, 34 of objection and 27 providing both positive and negative comments. Of the comments provided across all submissions, issues raised most frequently were:

Issue / comment Support Objection

Inclusion of a provision, which prevents the use of an ancillary dwelling for holiday house use.

2 submissions support 26 submissions of objection

Inclusion of a provision which prevents the use of single bedroom dwellings for holiday house use

1 submissions of support

14 submissions of objection

Shire needs to increase policing of unapproved holiday homes


Nil

Concerned about impact of policy on achieving a renewal.


Nil


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A summary of all written submission can be found at Attachment 2. DISCUSSION Ancillary dwellings Submitters object to the policy on the basis that it limits ancillary dwellings from being used for short stay accommodation. Submitters argue that the renting of ancillary dwellings for short stay accommodation are less problematic than holiday houses which occupy the primary dwelling in that it allows the owner to continue to reside in the primary dwelling and monitor the use. Ancillary dwellings, by way of their definition cannot be used for short stay accommodation. The inclusion of this policy change is only necessary due to the common practice of ancillary dwellings being ‘converted’ to Bed and Breakfast accommodation be removing the kitchen (so as they are not ‘self contained’) and therefore making them part of the existing house. The objective is to allow the development to be considered as a BnB. The policy reflects a more traditional understanding of the BnB use which requires that this occurs within the fabric of a dwelling rather than in a totally separate and in all respects unrelated ancillary dwelling. Furthermore, the policy reflects the Shire’s strong intent, as outlined by the Affordable Housing Strategy to promote small dwellings as a form of low cost rental accommodation. Allowing short stay use of these structures would reduce the pool of low cost rentals and as such, it is recommended that the advertised policy be adopted in this respect. Single bedroom dwellings Submitters raise similar issues as those directed at the policy provisions relating to ancillary dwellings. The Shire’s policy position not to allow short stay use of these dwellings is supported by the fact that small bedroom dwellings attract a site area concession on the basis that they provide much needed affordable housing. It would therefore be a misuse of the concession provided if single bedroom dwellings were not able to be used for the purpose that the concession was provided. Policing of unapproved holiday homes Since the advertising of the Holiday Home policy, a number of concerned residents have come forward with properties listed on AirBnB as evidence of the extent of unapproved holiday homes in suburban locations. Staff have found that approximately one third of such complaints are not substantiated in that the owners have the necessary approvals in place. Submitters highlight that compliance action should be simple and therefore well within the Shire’s capacity to undertake. Statements such as these overlook the requirement for the Shire to provide evidence of a breach in order to move forward with a fine or prosecution. This necessitates Shire officers visiting the property when short stay tenants are present. If Council are of a mind to want to increase the Shire’s compliance ‘presence’ then it will be necessary to engage additional casual staff to undertake this work. A recommendation as to how this could be achieved is outlined in this report. Impact of policy on existing approvals. Submitters raise the concern that a change of policy could negatively impact on opportunities for renewal of approvals issued under the current policy framework. The intent of the draft policy is not to remove the ability for operators who have already legitimately achieved approval to be issued with a renewal. As specifically outlined by LPS1, the renewal process has a narrow focus being to ensure that the property has been appropriately managed. Words to this effect are included in the policy to clarify this issue. As at the time of writing, there were 20 new applications for holiday houses processing at the Shire. It is recommended that Council notes its intent to allow these applications to be determined based upon the policy in effect at the time they were lodged, to ensure procedural fairness.


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Changes to Policy Map During the consultation period there were 4 requests for inclusion of properties within Policy Plan No.1 so as to confirm their permissibility for holiday homes. These are highlighted in yellow and addressed below: Area 1: The majority of this area on Mann Street was previously included in the policy plan and therefore should be reinstated. Of the three lots on the west side of Mann Street, two have existing approvals and therefore they should be included to recognise this fact. Area 2 – These lots are on the boundary of the proposed policy area and have approvals for holiday homes in place. They should therefore be included.

Area 3 – Deferral of an application for a holiday house at this property (Lot 48 Willmott Avenue) was the catalyst for the review of LPP7. Shire staff were previously concerned that by including this property in the permissible area, it would necessitate inclusion of both sides of Coronation Street and therefore be inconsistent with Council intent to tighten controls on holiday homes. A more acceptable solution is to only include a portion of the subject lot (fronting Willmott Ave only) being the vacant portion of the site upon which the owner intend to build the holiday house. This would maintain Coronation Street as being entirely outside the policy area. If Council accept this recommendation, the deferred application for a holiday house could be brought before Council with a positive recommendation.

Area 3 Areas of Significant Tourism Attraction The wording of the current and draft policy allows lots of any size to be granted approval for holiday house use where they are located in close proximity to an ‘area of significant tourism attraction’. This term is defined by the policy as: “a place of interest where tourists visit typically for its inherent or exhibited cultural value, historical significance, natural or built beauty or amusement opportunities and for the purposes of this policy comprises the following: • Any town centre or village centre in the Shire • All areas of National Park and all beaches, caves and areas of recognised natural beauty


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• The Margaret River and associated foreshore and Rails to Trails Reserve as shown on Policy Plan 1 • Other attractions that provide a point of activity or amusement for tourists.” The inclusion of this criteria has created confusion and uncertainty as it relies on a subjective judgement about what constitutes (for example) an area of ‘amusement’ and how close a lot needs to be to allow it to be considered for approval. It is therefore recommended in the interests of providing certainty that this criteria be removed from the policy. Stage 2 Review Adoption of a modified policy by Council would conclude Stage 1 of the policy review. Suggestions made by Council at the briefing session of April 2018, indicated that a second stage of policy review could include: • A significant information gathering exercise allowing Council and the community to have the perceived

positive and negative impacts of holiday homes quantified, for example, what is the extent of the impact of holiday homes on the affordability of housing? To what extent do holiday homes improve the local economy? To what extent do holiday homes have a negative impact on traditional tourist accommodation providers?

• A comprehensive consultation process involving all relevant stakeholder groups and the wider community;

• An opportunity to reconsider the objectives, which underpin the Policy which are currently directed at managing holiday homes as opposed to other options such as allowing holiday homes to be unregulated or prohibiting them altogether;

• Creation of a working group which may have an independent chairperson. • Involvement and input from the full range of impacted parties such as the MRBTA, holiday home

owners, holiday home managers and community groups. Many of these objectives have been achieved as part of the stage 1 review. An amount of $25,000 is allocated by way of the budget such that consultants could undertake this work if desired by Council. However, Officers recommend that given the comprehensive nature of consultation already undertaken, stage 2 of the review is not required. It is further noted that should Council wish to fundamentally change its position on the permissibility of Holiday Homes in certain zones, this can be addressed by the LPS/Scheme review process already underway. Adoption of the policy will provide an opportunity to monitor the impact of the proposed changes and additional enforcement measures, which will inform the Local Planning Scheme review. In order to address the strong calls from some submitters for additional compliance action it is recommended that budgeted monies be repurposed towards engaging casual compliance staff as necessary to assist with investigation of unauthorised holiday homes. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 (LPS1) Service Level Strategy/Plan: Provide Planning Services FINANCIAL IMPLICATIONS Concluding the policy review would provide opportunities to repurpose monies committed to this project towards policy compliance. SUSTAINABILITY IMPLICATIONS Environmental Holiday houses can generate the need for clearing to be undertaken around existing dwellings to reduce the BAL to an acceptable level.


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Social If not managed properly, holiday homes can have a negative impact on surrounding residents. Conversely the use of otherwise unoccupied dwellings can contribute to a sense of community and vitality. Economic Holiday homes provide owners with income and increase the rates payable to the Shire. VOTING REQUIREMENTS Simple Majority – Recommendation No. 1, 3 and 4 Absolute Majority – Recommendation No. 2 RECOMMENDATION That Council: 1. Approves the draft Policy (LPP 7 – Short Stay Accommodation) subject to the modifications outlined

at Attachment 4; 2. Reallocates $25,000 currently held within job TNP32 (Review of Holiday House Policy) towards

engaging casual staff resources for the purpose of increasing planning compliance actions with particular focus on unauthorised holiday homes and that job TNP32 be renamed Holiday House Compliance;

3. Continues to assess and determine all applications currently awaiting determination and impacted by the revised policy, against the policy as it existed prior to the review; and

4. Requests that staff make contact with AirBnB to discuss ways in which holiday homes advertised by this means can identify themselves as having the necessary Shire approvals.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Outcome of meeting with unauthorised operators. 2. Summary of written submissions 3. Policy Plan No. 1 – revised post advertising 4. Draft Policy- with track changes made post advertising RECOMMENDATION

CR EARL, CR SMART That Council: 1. Approves the draft Policy (LPP 7 – Short Stay Accommodation) subject to the modifications

outlined at Attachment 4; 2. Reallocates $25,000 currently held within job TNP32 (Review of Holiday House

Policy) towards engaging casual staff resources for the purpose of increasing planning compliance actions with particular focus on unauthorised holiday homes and that job TNP32 be renamed Holiday House Compliance;

3. Continues to assess and determine all applications currently awaiting determination and impacted by the revised policy, against the policy as it existed prior to the review; and

4. Requests that staff make contact with AirBnB to discuss ways in which holiday homes advertised by this means can identify themselves as having the necessary Shire approvals.

0/0

Cr McLeod moved the following amendment:

With consent of the mover and seconder, Cr Godden added the word ‘environmental’, as underlined.

AMENDMENT / COUNCIL DECISION

CR MCLEOD, CR EARL OM2018/229 That the following be added as points 5 and 6:


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5. Requests the CEO investigate creation of a Augusta Margaret River local government registered business logo to be provided to all registered accommodation providers to display on their website, and across all booking channels they utilise.

6. Subject to budget constraints, Council requests that the CEO investigate engaging the

services of a consultant or university research group to research and undertake a study into the economic, social, cultural and environmental impacts of holiday homes on our community so that Council is better informed and equipped to make sound planning decisions for the accommodation sector, the tourism industry and the community into the future.

CARRIED 6/0

REASON

Cr McLeod provided the following reason: ‘Accommodation providers who are local government registered have a competitive edge over unregistered business in that customers are likely to preference properties that have been registered and comply with local government regulations, have public liability cover and an approved bushfire plan. It may also encourage compliance for those who aren’t registered and, furthermore, make it easier for the Shire’s compliance officer to identify properties advertising their premises that aren’t registered. The Compliance Officer would play a role managing and administering this business registration logo. Understanding the impact of holiday homes on our community is long overdue in our Shire. The management of holiday homes has been an issue within our community for many years. As one of the state’s leading visitor destinations it is likely to present more concern and deliberation for many more Councils to come. The impact of holiday homes on our community, both positive and negative, needs to be understood; on housing affordability, on the traditional accommodation providers; on accommodation rates; on the changing visitor market; as a means to offset mortgage payments so that our staff and Council can make informed decisions.’

This then became the primary motion:

PRIMARY MOTION




3. Continues to assess and determine all applications currently awaiting determination and impacted by the revised policy, against the policy as it existed prior to the review;

4. Requests that staff make contact with AirBnB to discuss ways in which holiday homes advertised by this means can identify themselves as having the necessary Shire approvals;

5. Requests the CEO investigate creation of a Augusta Margaret River local government registered business logo to be provided to all registered accommodation providers to display on their website, and across all booking channels they utilise; and

6. Subject to budget constraints, Council requests that the CEO investigate engaging the services of a consultant or university research group to research and undertake a study into the economic, social, cultural and environmental impacts of holiday homes on our community so that Council is better informed and equipped to make sound planning decisions for the accommodation sector, the tourism industry and the community into the future.

0/0


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Cr Townshend then moved the following amendment:

AMENDMENT / COUNCIL DECISION

CR TOWNSHEND, CR MELDRUM a) That in point 2 of the recommendation, the figure $25,000 be amended to read $15,000; and b) That the following be added as points 7 and 8:

7. Requests the CEO to prepare a report investigating options including any possible Local Planning Scheme amendments to decrease permissibility and tighten controls over short stay holiday house accommodation in the Shire’s Local Planning Scheme in the Priority Agriculture, General Agriculture, Rural-Residential and Residential zones by November 2018.

8. Reallocates $10,000 currently held within job TNP32 (Review of Holiday Homes Policy) to allow engagement of a suitably qualified planning consultant, or employment of additional casual planning staff to prepare the report which will include qualitative and quantitative data that Council requested in Stage 2 of the Holiday Homes Policy Review.

CARRIED 6/0

REASON

Cr Townshend spoke to the amendment stating the importance of developing a finely tuned policy. Cr Townshend spoke of the need for further information and consultation that would provide more data to assist in making good planning decisions. This then became the primary motion: PRIMARY MOTION






5. Requests the CEO investigate creation of a Augusta Margaret River local government registered business logo to be provided to all registered accommodation providers to display on their website, and across all booking channels they utilise;

6. Subject to budget constraints, Council requests that the CEO investigate engaging the services of a consultant or university research group to research and undertake a study into the economic, social, cultural and environmental impacts of holiday homes on our community so that Council is better informed and equipped to make sound planning decisions for the accommodation sector, the tourism industry and the community into the future;

7. Requests the CEO to prepare a report investigating options including any possible Local Planning Scheme amendments to decrease permissibility and tighten controls over short stay holiday house accommodation in the Shire’s Local Planning Scheme in the Priority Agriculture, General Agriculture, Rural-Residential and Residential zones by November 2018; and


0/0


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Cr Godden then moved the following amendment: Cr Earl left Chambers at 7.23pm Cr Earl re-entered at 7.23pm Cr Meldrum left Chambers at 7.32pm Cr Meldrum re-entered Chambers at 7.33pm With consent of the mover and seconder, Cr Townshend added the words ‘and planning staff’ as underlined. AMENDMENT / COUNCIL DECISION

CR GODDEN, CR MELDRUM OM2018/230 That the following be added as point 9: 9. That a workshop is held with Councillors and planning staff at the commencement of this

project and at the completion of the project a comprehensive briefing is provided to Councillors before consideration of the report.

CARRIED 4/2 CRS EARL AND SMART VOTED AGAINST

REASON Cr Godden spoke to the amendment stating the workshop would ensure Council’s intent and vision is expressed to the consultant. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION

CR EARL, CR SMART OM2018/231 That Council: 1. Approves the draft Policy (LPP 7 – Short Stay Accommodation) subject to the modifications





5. Requests the CEO investigate creation of a Augusta Margaret River local government registered business logo to be provided to all registered accommodation providers to display on their website, and across all booking channels they utilise;

6. Subject to budget constraints, Council requests that the CEO investigate engaging the services of a consultant or university research group to research and undertake a study into the economic, social and cultural, environmental impacts of holiday homes on our community so that Council is better informed and equipped to make sound planning decisions for the accommodation sector, the tourism industry and the community into the future.

7. Requests the CEO to prepare a report investigating options including any possible Local Planning Scheme amendments to decrease permissibility and tighten controls over short stay holiday house accommodation in the Shire’s Local Planning Scheme in the Priority Agriculture, General Agriculture, Rural-Residential and Residential zones by November 2018.



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9. That a workshop is held with Councillors and planning staff at the commencement of this project and at the completion of the project a comprehensive briefing is provided to Councillors before consideration of the report.

CARRIED 6/0

Cr Godden moved that the meeting be adjourned. PROCEDURAL MOTION

CR GODDEN, CR TOWNSHEND That the meeting be adjourned.

CARRIED

The meeting then adjourned at 7.41pm Councillors returned to the Chambers and the meeting resumed at 7.46pm


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11.2.2 REQUEST FOR TENDER NO. 13-18 - KUDARDUP WASTE TRANSFER STATION, POOLE ROAD, KUDARDUP

LOCATION/ADDRESS Kudardup Waste Transfer Station, Poole Road, Kudardup APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/274, RES/28928 REPORT AUTHOR Ruth Levett, Manager Health, Waste & Ranger Services AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF

Tenders were invited from appropriately qualified and experienced waste management companies to occupy and lease the Kudardup Waste Transfer Station for a three (3) year term.

The terms offered were that the successful applicant would be permitted to use the facility for their own waste management business in return for taking over the day to day management of this facility including the continuation of the existing service to the public.

One tender submission was received and was a non-conforming tender. It was lacking in detail and did not address a number of the criteria stipulated in the Request for Tender (RFT) document. Further negotiations with the tenderer may be in contravention of the requirements of the Local Government (Functions and General) Regulations 1996.

RECOMMENDATION That Council: 1. Rejects the Kudardup Waste Transfer Station tender on the basis that it did not address a number

of the criteria stipulated in the Request for Tender document and it did not contain sufficient detail to permit the Shire to negotiate a satisfactory outcome to lease the site;

2. Notes that the Shire staff will review the operation of the Kudardup Waste Transfer Station upon completion of the Feasibility Study which includes an assessment of the Transfer Station operations.

LOCATION PLAN

Location Plan Site Plan


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TABLED ITEMS Nil BACKGROUND Shire records suggest that the Shire’s four waste transfer stations; Cowaramup, Rosa Brook, Alexandra Bridge and Kudardup, were developed around 1999. A more recent review of the Transfer Stations resulted in them being fenced, locked and manned during set opening hours. Financial analysis shows that for the past five financial years, and likely for some years before this, the transfer stations have been operating at a significant loss (approx $73,000 in the 2017-2018 financial year for Kudardup only). As the closure of any of these transfer stations would be negatively received by the rate payers that use them, an alternate option was explored. The Shire was approached over 12 months ago by a local business owner operating a small skip bin supply and collection company within the Augusta Margaret River region. Their proposal was to enter into a lease-style arrangement whereby they would be able to utilise the Kudardup Waste Transfer Station site for their business activities and, in exchange, open the site three or four half days a week for general public requirements. This proposal was discussed with the Shire’s legal and procurement experts and was deemed to be an option for neutralising costs at the Kudardup Waste Transfer Station site whilst maintaining the service to the community. As the Power to Lease was not already listed against this Reserve, an application was sent to the Department of Lands. A Council briefing describing the intention to dispose of this land to a lessee was also presented to Council and endorsed. Internal legal advice was to follow the procurement process using a Request for Tender (RFT). An RFT document was prepared in collaboration with the Shire’s Waste, Legal and Procurement teams in accordance with the Local Government (Functions and General) Regulations 1996. Advertisements for the “Disposition of Land by Commercial Lease – Kudardup Waste Transfer Station” were run in the West Australian and the Margaret River Times between Wednesday 6 June and Wednesday 20 June 2018, thus satisfying the Local Government (Functions and General) Regulations 1996 requirement to advertise state-wide for at least 14 days. Four entities contacted the Shire requesting the RFT document before the cut-off date of Wednesday 27 June 2018, however only one tender submission was received. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation The Request for Tender was prepared in close collaboration with the Shire’s Legal and Procurement teams to ensure the arrangements being proposed and the way the RFT was presented were compliant with the regulatory process. DISCUSSION / OFFICER COMMENTS The purpose of the RFT was to seek submissions from a suitable waste management business to allow it to operate from the Kudardup Waste Transfer Station in exchange for maintaining the current waste transfer service currently provided to Shire ratepayers. The primary objective of this arrangement was to enable the Shire to rationalise its operations at the Kudardup Waste Transfer Station, by agreeing to mutually beneficial terms with a contractor that would make Kudardup Waste Transfer Station cost neutral for the Shire. As with the other Shire Waste Transfer Stations, Kudardup is operating at a significant annual financial loss. In order for the Shire to offer this Site by way of lease for use by a waste management business, the Shire was required to go to public tender.


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The tender received was from the company who originally approached the Shire with the proposal to lease. Unfortunately this tender submission was lacking in detail and contained little additional information to the original proposal document which the company had provided to the Shire nine months prior. There were five key qualitative criteria that the tenderers were required to address; Relevant Experience, Tenderer’s Resources, Financial Capabilities, Demonstrated Understanding, and Environmental and Safety Legal Compliance and Risk Management. The Shire’s Purchasing Policy (November 2015) requires the invitation to tender process to be conducted by the responsible officer in conjunction with the Shire’s Procurement Officer and is subject to formal evaluation, review and approvals. The tender submission was formally assessed by an Evaluation Panel consisting of four Shire employees from Waste Services and Financial Services. Each member of the Evaluation Panel completed the Request for Tender Evaluation Matrix, created by the Shire’s Procurement team. The tender submission did not comply with a number of the Compliance Criteria. For example, the tender did not contain a section titled Risk Assessment, and the information required within this section was for the most part not provided. Adequate responses to all five of the Qualitative Criteria were also not provided. Overall, the tender document was evaluated and found to contain very little information with regard to how the tenderer proposed to operate successfully and safely from the Kudardup Waste Transfer Station, in exchange for maintaining the waste transfer service currently provided to Shire ratepayers. Given that the Shire is currently undertaking the Feasibility Study for the management of the entire waste services, the Shire officers recommend that it would be prudent to await the outcome of the Study. It is possible that the review of the Waste Transfer Stations may suggest an alternative course of action such as rationalising of the Waste Transfer Stations or an alternative method of local collection. It is possible that the recommendations will suggest that all Waste Transfer Stations not be manned due to the high cost and low income from these facilities. It is recommended that the Shire reject the tender on the grounds that negotiation would be contrary to the Local Government (Functions and General) Regulations 1996. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government (Functions and General) Regulations 1996 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 5: Effective leadership and governance Key Performance Measure 9: Financial ratios are trending positively. Strategic Response 5.2.5: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. Activities and Priorities 5.2.5.5: Continue to monitor and analyse monthly, year to date and annual financial

performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS No change to current operations as approved in the annual Budget 2018-2019. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil


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VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Rejects the Kudardup Waste Transfer Station tender on the basis that it did not address a number

of the criteria stipulated in the Request for Tender document and it did not contain sufficient detail to permit the Shire to negotiate a satisfactory outcome to lease the site;


ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION

CR EARL, CR MELDRUM That Council: 1. Rejects the Kudardup Waste Transfer Station tender on the basis that it did not address a

number of the criteria stipulated in the Request for Tender document and it did not contain sufficient detail to permit the Shire to negotiate a satisfactory outcome to lease the site; and


0/0

Cr McLeod moved the following amendment: AMENDMENT / COUNCIL DECISION

CR MCLEOD, CR EARL OM/2018232 a) That the following words be added to point 2 of the recommendation: ‘and will seek to

negotiate further with the unsuccessful tenderer’; and b) That the following be added as point 3:

3. That the CEO investigate hosting a workshop for local businesses to explain the necessary requirements to successfully complete state and local tender documents.

CARRIED 6/0

REASON Cr McLeod provided the following reason: ‘There has been a considerable investment by shire officers and Council in researching the opportunity to engage a 3rd party to take on the management of the Kudardup Waste Transfer Station, Poole Rd, Kudardup. The reason the sole tenderer, a local business, was not appointed was because insufficient information was provided by the tenderer in their documentation. This again seems to highlight a lack of knowledge and experience by some of our local businesses in their ability to submit a successful tender. It would seem that this lack of experience may be an impediment to fulfilling the shire’s local procurement policy and jeopardising local service providers who have shown the initiative, passion and desire to support their local community.’ This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION

CR EARL, CR MELDRUM OM2018/232 That Council:


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1. Rejects the Kudardup Waste Transfer Station tender on the basis that it did not address a number of the criteria stipulated in the Request for Tender document and it did not contain sufficient detail to permit the Shire to negotiate a satisfactory outcome to lease the site;

2. Notes that the Shire staff will review the operation of the Kudardup Waste Transfer Station upon completion of the Feasibility Study which includes an assessment of the Transfer Station operations and will seek to negotiate further with the current tenderer’; and

3. That the CEO investigate hosting a workshop for local businesses to explain the necessary requirements to successfully complete state and local tender documents.

CARRIED 6/0


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11.2.3 REVIEW OF DOG EXERCISE AREAS

LOCATION/ADDRESS Shire of Augusta Margaret River – Various Locations APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENV/106 REPORT AUTHOR Mick O’Regan – Coordinator, Ranger Services and Ruth Levett –

Manager Waste, Health & Ranger Services AUTHORISING OFFICER Dale Putland – Director, Sustainable Development

IN BRIEF

A review of the Shire’s dog exercise areas has been recently undertaken as a part of the Shire’s Strategic Response in the Operational Plan & Budget 2017/18 Activity 2.6.1.6 “Review dog exercise areas”.

The results of the community consultation process that was conducted through YourSay and manual survey forms, from January 2018. The consultant’s report can be seen in Attachment 1.

The following officer recommendations are based on the results of feedback obtained through this consultation process and are presented to Council for consideration.

RECOMMENDATION That Council initiates the following amendments and improvements to the Shire’s Dog Exercise Areas: 1. Augusta:

a) Extend the Flinders Bay Beach Dog Exercise Area south-west to incorporate the beach area and a pathway to the beach directly in front of the Flinders Bay Caravan Park;

b) Improve signage and increase Ranger patrols at Civic Park; c) Improve dog facilities (bags, bins, water) at the park on Deere Street;

Margaret River: a) That the Nippers south oval at Gloucester Park be trialled as a shared use facility for a 12

month period on the following conditions: i. Hours of use:

Monday to Friday before 3pm Saturday and Sunday between 5pm – 7am;

ii. Prohibit dogs on all other ovals; iii. Rangers to conduct regular patrols and record activities; and iv. Assess the trial and report to Council in 12 months.

2. Notes that prior to the next scheduled Dog Exercise Area review, Shire staff will research potential sites within existing residential subdivisions in the Margaret River area, for potential shared use facilities.

3. Notes the Shire’s intention to improve dog facilities at the Gnarabup/Prevelly and Cowaramup Dog Exercise Areas.

LOCATION PLAN Location maps of existing Dog Exercise Areas are attached (Attachments 2) and proposed changes to Dog Exercise Areas (Attachments 3 and 4) TABLED ITEMS Nil BACKGROUND The existing Dog Exercise Areas (DEAs) were developed through extensive community and stakeholder consultation in 2011. New signage was installed at all approved areas facilitating the community’s use of the areas and the management by Ranger Services.


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The Dog Exercise Areas have been enforced by Ranger Services since the gazettal of the Shire of Augusta Margaret River Dogs Amendment Local Law 2011 in March 2012. This Local Law has since been superseded by the Dogs Local Law 2016 and no longer requires the establishment of Dog Exercise Areas by legislation. Section 31 of the Dog Act 1976 has now made it possible for local governments to establish dog exercise areas or rural leashing areas and prohibited places by a Council decision. The community were consulted via survey to canvas views regarding existing DEAs and to seek feedback regarding other potential locations for consideration, specifically Flinders Bay and Gloucester Park, both particularly high use areas. Due to expanding residential areas and population it was considered prudent to undertake a review of all DEAs to identify if any areas require attention, either by improving facilities by way of establishing new areas, reducing areas, or re-locating areas to best suit the needs of the community. CONSULTATION AND ADVICE Internal Consultation Prior to the public consultation period an internal staff meeting was held with representatives from Rangers Services, Community Development and Planning and Development Services. The focus of discussion was on finding potentially suitable locations for new and alternative Shire managed reserves and parklands for Dog Exercise Areas. External Consultation In January 2018, the Shire invited residents to give feedback on the adequacy of all current Dog Exercise Areas and provide comments in general.

Through a survey, available both on YourSay and hardcopy, the community was asked to consider what, if any, opportunities exist to modify, relocate, expand, reduce or improve Dog Exercise Areas. Two hundred responses were received, comprising 173 online surveys and 27 emailed or hard copy surveys and/or submissions. Of the online responses, 145 (79%) were dog owners. A number of the responses commented on more than one town, resulting in 270 responses overall. The breakdown of responses for each area are:

Township Number of responses specific to each town

Augusta 74 (58 online/16 email or hard copy)

Cowaramup 14 (online)

Gnarabup/Prevelly 63 (54 online/9 email or hard copy)

Gracetown 16 (online)

Margaret River 99 (90 online/9 email or hard copy)

Rosa Brook & Witchcliffe 4 (3 online/1 email or hard copy)

Total responses 270

Following the closure of the public survey, Shire Officers engaged consultant, Dr Gae Synnott, to review, evaluate and make recommendations on the results of the public survey provided within this report.


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Conclusions from the survey and proposed actions are outlined in the table:

Recommendations from report

Officer response Proposed Action

AUGUSTA

1. Extend the Flinders Bay Beach DEA south-west to incorporate the beach area in front of the Flinders Bay Caravan Park.

This is a shared-use space. As Flinders Bay Caravan Park is dog-friendly, it would be sensible to provide a DEA pathway to the beach.

2018/19 Recommend to extend the Flinders Bay Beach Dog Exercise Area south-west to incorporate the beach area and a pathway to the beach directly in front of the Flinders Bay Caravan Park.

2. Introduce some controls at Civic Park to overcome the issues expressed

Review and determine best controls, e.g. signage and/or enforcement, increased patrols. This can be implemented immediately.

2018/19 Improve signage and increase Ranger patrols at Civic Park.

3. Put in more dog facilities at Deere Street (dog bags, bins, water bowls)

Assessed facilities. This can be implemented immediately.

2018/19 Improve dog facilities (install more bags, bins, water) at the park on Deere Street.

4. Consider the other suggestions for additional DEAs, and a timeframe for their consideration / implementation.

Review possible sites and hold any decisions until there is clarity on other shared-use model trials.

2019/20 Review following other shared use trials.

COWARAMUP

5. Fence a portion of the oval for dogs, to provide a boundary between the dog area and the Primary School space

There was insufficient support for this option to warrant the expense of fencing. It is unlikely to be supported by other users of the facility as it would be a hindrance for some users.

No action proposed.

6. Put in more dog facilities (dog bags, bins, water bowls)


2018/19 Improve dog facilities (install more bags, bins, water).

GNARABUP / PREVELLY

6. Fence the Rifle Butts playground

There was insufficient support for this option to warrant the expense of fencing. It is unlikely to be supported by other users of the facility.

No action proposed.

7. Put in more dog facilities at Rifle Butts (dog bags, bins, water bowls)


2018/19 Improve dog facilities (install more bags, bins, water). An extra bin to be installed at the South Rifle Butts carpark.

8. Consider suggestions for additional DEAs, and a timeframe for their consideration. This includes giving serious consideration to shared use arrangements.

Review possible sites and hold any decisions until there is clarity on other shared-use model trials.



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GRACETOWN


Willing to recommend creation / gazettal of new DEAs if appropriate sites exist. Action: Review possible sites and hold any decisions until there is clarity on other shared-use model trials.


MARGARET RIVER

Re-consider the decision about Gloucester Park, including consideration of shared use arrangements.

Discussions to determine if alternative sites west of Bussell Highway could be introduced, no suitable sites identified. Therefore, consider whether there is a way to make Gloucester Park work as a shared-use facility, posibly on a trial basis. Defer any final decisions about Gloucester Park until the review of the 12 month trial has been done and options are known; and until there is clarity on shared-use models.

That the Nippers Oval at Gloucester Park be trialled as a shared use facility for a 12 month period on the following conditions: a. Hours of use: Monday to Friday before 3pm Saturday and Sunday between

5pm – 7am; b. Prohibit dogs on all other ovals; c. Rangers to conduct regular

patrols and record activities; and d. Assess the trial and report to

Council in 12 months.


Review of possible DEA sites across Margaret River township to provide localised exercise areas, determine whether there are any alternative sites west of Bussell Highway that could be introduced Willing to recommend creation / gazettal of new local DEAs within residential areas if appropriate sites exist.

2018/19 Prior to the next scheduled Dog Exercise Area review, the Administration research potential sites within the Margaret River area, for potential shared use facilities. Review possible sites across Margaret River to develop list for consideration. Confirm that the desired approach is to provide local DEAs within residential areas. Advise community that this is being looked at.

12. Fence part of Hillier Park

Insufficient support to warrant this action, however, it may be considered when the review above is finalised and options are known.

2021/2022

OTHER

13. Review possibility of DEAs at Hamelin Bay, Karridale, Kilcarnup Beach and Contos Beach

All areas investigated to date are not under the control of the Shire. Many beach sites are controlled by DPaW. Willing to recommend new DEAs at beach sites if any suitable sites found. .

Next DEA review 2021/2022 Review possible beach sites to develop list for consideration in the next DEA review.


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DISCUSSION / OFFICER COMMENTS Dog exercise areas balance the needs of dog owners and maintain the safety and well-being of the general public. Although there have been some incidents of dogs not being under effective control resulting in dog attacks, in general Dog Exercise Areas facilitate positive interaction between the public and other dogs, and allow dogs to run and exercise unencumbered. The call for provision of more Dog Exercise Areas across the whole Shire, with appropriate controls such as signs, exclusive use and fencing is acknowledged. However, these provisions are not always possible, and in some instances, cannot be supported. For example, in reviewing options for alternative sites for DEAs, it was revealed that many bushland areas and beaches are under the management of Department of Biodiversity, Conservation and Attractions (Parks and Wildlife Service). Despite their obvious suitability for DEAs, the Shire has power to approve only sites where it has management control, and cannot include areas under the control of other agencies. With regard to the items identified for further review, officers will investigate management models for shared use of areas, recognising that the needs of all users must be considered. Any moves towards shared use arrangements would be further discussed with the community following the Gloucester Park trial. A number of areas were suggested by respondents for consideration. These have been noted and will be reviewed for suitability. In Margaret River town, the proposed closure of Gloucester Park and relocation to Hillier Park was not well suported and it is recommended that due to the popularity of Gloucester Park, that these sites not be finalised until the review of options for localised DEAs in the town and the results of the proposed Gloucester Park trial are known. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Dog Act 1976 Part IX - Section 49 Local Laws A Local Government may make local laws - (c) for the purposes permitted by Section 51 Local Government Act (LGA) 1995 - Part 3 - Division 2 - s3. 14 Commencement of Local Laws Local Government Act (LGA) 1995 - Part 3 - Division 2 - s3.15 Local Laws to be publicised Local Government Act (LGA) 1995 - Part 3 - Division 3 - s3.54 Reserves under control of a local government (1) and (2) Shire of Augusta Margaret River Dogs Local Law 2016: Part 5 - Miscellaneous, Section 5.1: Offence to excrete, Part 6 - Enforcement, Sections 6.1, 6.2, 6.3, 6.4, 6.5, 6.6.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key result area 2: Welcoming and inclusive communities Community Outcome: 2: Safer Communities Strategy 6: Provide community safety through regulatory and support programs. Activity: 2.6.1.6 Review dog exercise areas. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS There is currently $10,000 for Dog Exercise Areas Upgrades (RG009 - Signage & Equipment) in the 2018-2019 Budget under Capital Expenditure that can be used to implement the proposed recommendations. SUSTAINABILITY IMPLICATIONS Environmental The development of the Dog Exercise Areas has provided an opportunity to enhance the quality of the natural landscape and justifies maintaining these areas, however, there is some impact on the environment when dog owners fail to remove their dog’s excreta.


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Social Dog exercise areas balance the needs of dog owners and the amenity for general public. Although there has been some incidences of dogs not being under effective control, resulting in dog attacks, in general dog exercise areas work to assist positive interaction and allow dogs to run and exercise unencumbered. Economic

While construction of appropriate signage and bins will provide a small level of additional work for local tradespersons, it is hoped that having well defined, supported and maintained Dog Exercise Areas will be an added attraction for living or visiting in the location. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council initiates the following amendments and improvements to the Shire’s Dog Exercise Areas: 1. Augusta:

a) Extend the Flinders Bay Beach Dog Exercise Area south-west to incorporate the beach area and a pathway to the beach directly in front of the Flinders Bay Caravan Park;

b) Improve signage and increase Ranger patrols at Civic Park; c) Improve dog facilities (bags, bins, water) at the park on Deere Street; Margaret River: d) That the Nippers south oval at Gloucester Park be trialled as a shared use facility for a 12 month

period on the following conditions: i. Hours of use:

Monday to Friday before 3pm Saturday and Sunday between 5pm – 7am;




ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Consultant’s Report 2. Maps of existing Dog Exercise Areas 3. Map of proposed changes to Dog Exercise Area – Flinders Bay 4. Map of proposed changes to Dog Exercise Area – Gloucester Park RECOMMENDATION

CR EARL, CR TOWNSHEND That Council initiates the following amendments and improvements to the Shire’s Dog Exercise Areas: 1. Augusta:

a) Extend the Flinders Bay Beach Dog Exercise Area south-west to incorporate the beach area and pathway to the beach directly in front of the Flinders Bay Caravan Park;

b) Improve signage and increase Ranger patrols at Civic Park; c) Improve dog facilities (bags, bins, water) at the park on Deere Street; Margaret River: d) That the Nippers south oval at Gloucester Park be trialled as a shared use facility for a

12 month period on the following conditions:


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i. Hours of use: Monday to Friday before 3pm Saturday and Sunday between 5pm – 7am;




0/0

Cr Smart requested the words ‘to the most southern’ be added to 1 a) for clarification. Cr Earl moved the following amendment, which also incorporated Cr Smart’s amendment. AMENDMENT / COUNCIL DECISION

CR EARL, CR GODDEN OM2018/233 a) That in 1d) the hours of use on Saturday and Sunday be amended from ‘5pm – 7am’ to

‘4pm – 7am unless organised sport is being conducted’; and b) That in 1a) the words ‘to the most southern’ be added before the word pathway.

CARRIED 6/0

REASON Cr Earl spoke to the motion with reference to the petition at Item 8.1, stating the amendment allows dog owners an extra hour use during weekends without impacting organised sport. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION

CR EARL, CR TOWNSHEND OM2018/234 That Council initiates the following amendments and improvements to the Shire’s Dog Exercise Areas: 1. Augusta:

a) Extend the Flinders Bay Beach Dog Exercise Area south-west to incorporate the beach area and to the most southern pathway to the beach directly in front of the Flinders Bay Caravan Park;

b) Improve signage and increase Ranger patrols at Civic Park; c) Improve dog facilities (bags, bins, water) at the park on Deere Street; Margaret River: d) That the Nippers south oval at Gloucester Park be trialled as a shared use facility for a

12 month period on the following conditions: i. Hours of use:

Monday to Friday before 3pm Saturday and Sunday between 4pm – 7am unless organised sport is

being played; ii. Prohibit dogs on all other ovals;

iii. Rangers to conduct regular patrols and record activities; and iv. Assess the trial and report to Council in 12 months.



CARRIED 6/0


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11.3. Infrastructure Services


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11.3.1 PURCHASE OF HEAVY DUTY MOTOR GRADER

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE PLT/2 REPORT AUTHOR Steve Ryan, Storeman / Technical Officer AUTHORISING OFFICER Markus Botte, Director Infrastructure Services

IN BRIEF

The Shire of Augusta Margaret River issued a Request for Quote via the WALGA eQuotes online purchasing portal for the purchase of a Heavy Duty Motor Grader to replace the leased construction grader which has reached the end of its lease.

$350,000 was included in the 2018/2019 Budget for replacement of an existing motor grader operated as part of the Shire’s construction fleet. With the anticipated contract value, quotations were sought through the WALGA preferred supplier panel.

RECOMMENDATION That Council awards WesTrac Pty Ltd as the successful supplier to provide a Caterpillar 12M Motor Grader for the price contained in the Confidential Attachment.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In Council’s 2018/2019 Plant Replacement Program, a provision of $350,000 was made for the purchase of a new Heavy Duty Motor Grader. In accordance with Section 3.57 of the Local Government Act 1995, the Shire called for quotes via WALGA eQuotes. Four suppliers were asked to provide quotations. The submission period closed Friday 10 August 2018. Three quotations were received. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Consultation was undertaken with the operators, workshop supervisor, Coordinators and the Shire’s Project and Procurement Officer. DISCUSSION / OFFICER COMMENTS Quotations were received from the following suppliers:

Hitachi Construction Machinery (Australia) Pty Ltd – John Deere 670GP Motor Grader

Komatsu Australia Pty Ltd – Komatsu 555-5 Motor Grader

WesTrac Pty Ltd – Caterpillar 12M Motor Grader It should be noted that the new vehicle will include GPS tracking capabilities that will allow for monitoring of the vehicle’s performance. Data such as location, working and idle times, service requirements and fuel usage will be available for analysis.


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 3.57 of the Local Government Act 1995. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 3: Managing Growth Sustainably Community Outcome: Connected and safe transport network PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Council annually budgets for the external supply of goods and services. Tenders are called to ensure Council gets value for money and meets its obligations under section 3.57 of the Local Government Act 1995. Budgets are included in the Plant Replacement Program. A provision of $350,000 was allocated in the 2018/2019 heavy plant program SUSTAINABILITY IMPLICATIONS Environmental Nil Social Provides equality to members of the public in being able to offer their services to the Shire. Economic Value for money goods and services. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council awards WesTrac Pty Ltd as the successful supplier to provide a Caterpillar 12M Motor Grader for the price contained in the Confidential Attachment. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. CONFIDENTIAL Evaluation report and matrix RECOMMENDATION / COUNCIL DECISION

CR EARL, CR MELDRUM OM2018/235 That Council awards WesTrac Pty Ltd as the successful supplier to provide a Caterpillar 12M Motor Grader for the price contained in the Confidential Attachment.

CARRIED 6/0


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11.3.2 REQUEST FOR QUOTATION - CAPE LEEUWIN TRAIL PLANNING AND DESIGN

LOCATION/ADDRESS Augusta APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENV/93 REPORT AUTHOR David Nicholson, Manager Asset Services AUTHORISING OFFICER Markus Botte, Director Infrastructure Services

IN BRIEF Three suitably experienced specialised trails consultants were invited to submit quotations for the planning and design of a trail from Augusta Boat Harbour to Cape Leeuwin. RECOMMENDATION That Council awards the Cape Leeuwin Trail Planning and Design project to Common Ground Trails Pty Ltd.

LOCATION PLAN

TABLED ITEMS Nil BACKGROUND At the 27 June 2018 Council meeting, the following resolution was adopted: Council asks that the CEO: 1. Make a recommendation to Council on the appointment of a specialised trail consultant to;


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a) Finalise construction details, and await a clearing permit for the trail section between Augusta Boat Harbour and Dead Finish, with the aim to complete construction by November 2018.

b) Complete the work required in sections 1, 3, 4 and 7 of this motion subject to satisfactory costings of each section.

2. Once construction details are finalised seeks external and internal quotes to determine the most cost efficient method of constructing this section of the Trail.

3. Calls a meeting of the Augusta Path/Trail Group, relevant officers and the appointed consultant to determine the status of the group and its composition and to formally determine a potential alignment for the sections beyond Dead Finish;

4. Commissions the trail consultant to conduct a feasibility analysis/concept plan of the trail and corridor for the entire section between Dead Finish and the Lighthouse, and a preliminary cost estimate.

5. Commissions flora fauna surveys (Spring 2018) and Aboriginal Heritage surveys if required, for the preferred corridor from Dead Finish to the Lighthouse once the alignment is determined.

6. Receives a report on the preferred alignment and preliminary cost and consider the need to amend the allocation for the project in the Long Term Financial Plan.

7. Commissions the trail consultant to develop a detailed construction plan and costing for distinct trail sections, ready to allow procurement for continued construction, in a timely manner on a staged basis, utilizing current and future budgeted funds.

8. Seeks supporting grant funding for further stages including dedicated interpretive signage to ensure the creation of a world class walking/cycle track, after having determined their alignment and cost.

In accordance with Recommendation 1, a procurement process has been conducted and a recommendation made for appointment of a specialised trails consultant. CONSULTATION AND ADVICE External Consultation Due to the estimated value of the procurement, a minimum of three (3) written quotes was sought in accordance with the Shire’s Purchasing Policy. A Request for Quotation document was prepared and issued to three suitably experienced trails planning and design consultants (refer to Attachment 1). Two of the consultants are based within the Shire and the other in Perth. All have undertaken trails planning and/or design projects within the Shire. The RfQ was issued on 13 August and the deadline for quotations was 27 August. Internal Consultation Infrastructure Services DISCUSSION / OFFICER COMMENTS Quotations were requested from the following three specialised trails planning and design consultants:

Common Ground Trails

Transplan

Magic Dirt Trail Wizardry Both Transplan and Magic Dirt declined to submit quotations because they had existing work commitments that would not allow them to meet the project’s stipulated timeframes. Common Ground Trails submitted a compliant quotation. The single quotation was assessed by a two-member evaluation panel against the criteria specified in the RfQ:

Suitability of services

Organisational experience, capacity and personnel skills & experience

Understanding of the request

Insurances

Price

Occupational Safety & Health Common Ground’s submission was found to meet or exceed the requirements of the project brief and was considered to represent excellent value for money. On this basis, it is recommended that Common Ground Trails Pty Ltd be appointed to conduct the Cape Leeuwin Trails Planning and Design project.


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In relation to implementing other aspects of Council’s 27 June 2018 recommendations for this project, clearing of native vegetation will be required to construct the trail. Officers do not support undertaking this clearing utilising an exemption under the Clearing Permit Regulations for walking trails for the following reasons:

The proximity of the proposed trail alignment to a declared Environmentally Sensitive Area adjacent to Augusta Boat Harbour

Proximity of the trail to a western ringtail possum dreys near Dead Finish Road

The trail is planned to cater for cyclists, not just walkers and DWER do not support use of the exemption if the trail will be used by cyclists

The use of the clearing permit exemption for the Winter Diversion Trail was strongly criticised by councillors and some members of the community due to the dual use nature and ecological values of the site

A Minor Infrastructure Purpose Permit (MIPP) was submitted to Department of Water and Environmental Regulation (DWER) in May 2018. It was intended that it would apply to the Cape Leeuwin Trail and several other of the Shire’s 2018-19 projects that require minor vegetation clearing. DWER has recently placed assessment of all MIPP permit applications on hold pending a legal challenge to the self-assessment provisions of a MIPP issued to another local government. Therefore, officers are currently preparing a project specific clearing permit application for the trail extension from Augusta Boat Harbour to Dead Finish. DWER have advised that the approval process is likely to take between 61 and 81 business days, which will delay delivery of the project beyond the specified November 2018 deadline. Officers are also seeking approval from the Department of Transport to (a) lodge a clearing permit application for the portion of the trail located on their reserve (Augusta Boat Harbour), and (b) to construct the trail on the proposed alignment through their reserve. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 3.57 of the Local Government Act STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key result area 3: Ensuring sustainable development Community Outcome 6: Connected and safe transport network Strategic Response 1: Develop and maintain a high quality road, cycleway and footpath network throughout the shire in partnership with all levels of government Service level strategy/plan 2: Ongoing implementation of the Cape Leeuwin Trail and tourism precinct plan PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The 2018-19 budget includes a $450,000 allocation for the “Flinders Bay to Cape Leeuwin Lighthouse Path – Stage 2” (PXN013). The planning and design of the trail can be funded from this budget allocation. SUSTAINABILITY IMPLICATIONS Environmental Environmental impacts will be avoided/minimised through careful planning and design, with flora and fauna studies informing the trail alignment. Clearing of native vegetation will be minimised by making use of existing tracks wherever possible. Social The path/trail will provide a safe off-road pedestrian and cycle access from Augusta to Cape Leeuwin that enhances visitor and resident access to the foreshore for enjoyment of the coastal vistas and whale watching.


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Economic Improved access and facilities could increase tourist numbers and satisfaction, resulting in positive economic benefits for the Augusta community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council awards the Cape Leeuwin Trail Planning and Design project to Common Ground Trails Pty Ltd. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Cape Leeuwin Trails Planning and Design Request for Quotation RECOMMENDATION

CR SMART, CR MCLEOD That Council awards the Cape Leeuwin Trail Planning and Design project to Common Ground Trails Pty Ltd.

0/0

Cr Godden moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION

CR GODDEN, CR MELDRUM OM2018/236 That Council go behind closed doors.

LOST 4/2 CRS EARL, TOWNSHEND, MCLEOD AND SMART VOTED AGAINST

REASON To allow discussion regarding the consultant. As the procedural motion was lost, debate continued on the primary motion before being put to vote: RECOMMENDATION / COUNCIL DECISION

CR SMART, CR MCLEOD OM2018/237 That Council awards the Cape Leeuwin Trail Planning and Design project to Common Ground Trails Pty Ltd.

CARRIED 5/1 CR GODDEN VOTED AGAINST


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11.3.3 RAPIDS LANDING PUBLIC OPEN SPACE

LOCATION/ADDRESS Reserve 50760 Tonkin Boulevard, Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/228 REPORT AUTHOR Helen Whitbread, Project Manager AUTHORISING OFFICER Markus Botte, Director Infrastructure Services

IN BRIEF

Tenders were called for the construction of the Public Open Space (POS) landscape at Rapids Landing as part of a shared POS facility with Rapids Landing Primary School located at 42 Tonkin Boulevard, Margaret River.

Six compliant tenders and one nonconforming tender were received by the tender closing date.

All tenders have been evaluated by a panel and a recommendation prepared. RECOMMENDATION That Council accepts the tender submitted by LD Total for Tender RFT 09-18 at the tendered price contained in the confidential attachment.

LOCATION PLAN

Figure 1 Rapids Landing Public Open Space TABLED ITEMS RFT 09-18 Rapids Landing Public Open Space. BACKGROUND

The district level Public Open Space (POS) associated with the new Rapids Landing Primary School is currently being developed as a shared facility between the Shire and the Department of Education.

The shared oval and curtilage component of the POS, was developed in conjunction with the Rapids Landing Primary School and completed in February 2017.

Extent of Shire’s site works for Rapids Landing POS


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The Shire is responsible for completing the surrounding POS to a basic but useable standard.

The total liability for the delivery of the most basic level of POS development in the balance of the POS, is in the order of $426,150.

Due to Officer availability, construction of Rapids Landing POS was planned for the 2018/19 financial year.

Funding of $426,150 for the Rapids Landing POS was approved in the 2018/19 Budget comprising a carryover of $46,000 from 2017-18 and a transfer from the Community Facilities reserve of $380,000.

CONSULTATION AND ADVICE External Consultation The RFT was advertised in the West Australian on 9 June and 16 June 2018, in the Augusta Margaret River Mail on 13 June and 20 June 2018, in accordance with Local Government (Functions & General) Regulations 1996. It was also displayed on the Shire’s website from 9 June 2018 to 12 July 2018. Internal Consultation

Shire Procurement Officer; and

Shire Senior Technical Officer – Parks and Gardens DISCUSSION / OFFICER COMMENTS The early completion of the Rapids Landing Primary School in February 2017, prior to installation of landscaping to the banks of the shared oval facility, has left the site exposed to heavy winter rains causing the site to become sodden and eroded in some areas. It is important that landscaping works take place as soon as possible to provide sufficient time for vegetation to provide cover to the banks and mitigate against further erosion before next winter. The proposed works include:

earthworks to finalise levels, address erosion and tie into existing oval,

connecting pathways;

low fencing to the surrounds of the oval

bollards – located in pathways at entrance to site to manage vehicular traffic;

turf;

mulching;

shrub and tree planting; and

recycled water irrigation. An Evaluation Report for tenders has been undertaken and a copy is attached as Confidential Attachment 1. Tender submissions were received from the following (listed in alphabetical order):

1. Earthcare; 2. Earthcare (Non-conforming); 3. Environmental Industries; 4. LD Total; 5. Ligna Construction; 6. Margaret River Tree Planting and Landcare Services; and 7. Phase 3 Landscape Construction Pty Ltd.

Each tender response was evaluated by a three person tender panel who considered and assessed the tender’s response to the following compliance and qualitative criteria;

Relevant Experience – 10%;

Key Personnel Skills and Experience 10%;

Tenderer’s Resources – 10%;

Demonstrated Understanding – 5%;

Sustainability 5%

Occupational Safety & Health Management and environmental management – 10%;

Project Program 10%; and

Price – 40%


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The Tender submission from LD Total was ranked second in price, equal first in qualitative criteria and first overall. The lump sum price submitted is within budget, making LD Total the recommended Tenderer. The compliant tender submissions were assessed under the tender evaluation process prior to considering one non-conforming tender. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 3.57 of the Local Government Act 1995 Local Government (Functions & General) Regulations 1996 STRATEGIC PLAN / POLICY IMPLICATIONS

Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 2: Welcoming healthy and inclusive communities. Community Outcome 5: Active, healthy and safe lifestyles Strategic Response: Enable high standard recreation facilities and sporting grounds Service level strategy/plan: East Margaret River Structure Plan PLANNING FRAMEWORK District level POS is identified within the Rapids Landing Structure Plan as a necessary requirement of the provision of open space by the WAPC’s Liveable Neighbourhoods, which promotes a variety of forms of open space in the delivery of urban development. Facilities shared with school sites are acknowledged as an appropriate way of sharing costs and maintenance obligations associated with these facilities. The Rapids Landing district POS provided the shared higher order open space for the Rapids landing and Brookfield subdivisions and was joint funded by the developers of those estates. FINANCIAL IMPLICATIONS A budget allocation of $426,150 is available in the approved 2018-19 budget for the project. It should be noted, that whilst the tender submission is within budget, the project cost includes a 20% public works overhead and a 10% contingency; which may result in the total project cost exceeding the budgeted expenditure.

SUSTAINABILITY IMPLICATIONS Environmental

The amenity and current condition of the of the POS area will be improved with native shrub and tree planting which will aid mitigation of wind and water erosion of the site. In addition, utilisation of the treated wastewater network will ensure that a good quality surface can be provided without increasing potable water demand.

Social

District level open space is an essential component of future growth and an expected component of providing for the community’s recreation needs.

Economic

The construction of the Rapids Landing POS will provide short-term economic benefits to local and regional contractors and suppliers. The provision of a district level POS for Rapids Landing will play an important role in creating an attractive, welcoming image, and providing a setting for a range of events and activities that can boost the local economy. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council accepts the tender submitted by LD Total for Tender RFT 09-18 at the tendered price contained in the confidential attachment.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Confidential Attachment 1 – Rapids Landing POS RFT 09-18 Evaluation Report 2. Rapids Landing POS RFT 09-18 RECOMMENDATION / COUNCIL DECISION

CR EARL, CR GODDEN OM2018/238 That Council accepts the tender submitted by LD Total for Tender RFT 09-18 at the tendered price contained in the confidential attachment.

CARRIED 6/0


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11.4.

Corporate and Community Services


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11.4.1 FINANCIAL ACTIVITY STATEMENT REPORT - JULY 2018

LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

The monthly financial activity statement report is a standard financial reporting item prepared in accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

Council is to consider the financial results for the period ending 31 July 2018.

RECOMMENDATION That Council receives the Monthly Financial Report – July 2018 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 25 July 2018 (OM2018/186) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000. DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level.


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The Statement of Financial Activity shows a year to date actual closing position at 31 July of $27.386 million. This result was higher than the expected year to date budgeted position of $26.963 million. The following details the main reasons for this favourable variation to Budget. Operating revenue is $0.091 million or 0.4% above budget. The main contributor to this result is higher than budget fees and charges. Operating expenditure on a year to date basis is $0.516 million or 15.0% below budget. The main contributing factors are employee expenses being $0.035 million or 2.2% under budget and materials and contracts are $0.456 million or 35.9% below budget. Timing of staff recruitment and operating projects have contributed to both of these areas of operating expenditure being under budget. It should also be noted depreciation has not been allocated as the fair value revaluation of infrastructure at 30/6/2018 has not been finalised. Grants for capital works are $0.089 million or 63.3% under budget. The main reason for this variation is the Main Roads WA direct grant of $0.141 million budgeted to be received in July is likely to be received in August. Capital expenditure of $0.582 million during the month compared to the budget for the month of $0.519 million. On a year to date basis capital expenditure is $0.062 million over budget. The major causes of this variation are:

replacement of production computer servers totalling $0.130 million budgeted for July is in progress with the equipment ordered and installation expected to occur by September;

the construction of the extension for the Cowaramup BFB shed commenced earlier than budgeted;

$0.042 million of waste services projects have not yet commenced;

Community Buildings expenditure exceeded budget projections by $0.088 million;

Parks and Gardens expenditure exceeded budget by $0.355 million primarily as the second instalment for the shared use oval at Rapids Landing Primary School was processed earlier than budgeted;

$0.018 million upgrade of the Cowaramup BMX Club budgeted for July is now anticipated for December;

road and related projects are $0.076 million under budget; and

purchases of plant and equipment are $0.133 million under budget but are in progress. Capital expenditure for the month included the following.

$17,812 for the construction of the Cowaramup BFB shed extension;

$112,575 for various community building projects including works for the Augusta Recreation Centre;

$355,249 on various Parks and Gardens projects including playground equipment replacement and the second instalment for the shared use oval at the Rapids Landing Primary School; and

$95,753 on road related projects of which $25,456 was spent on infrastructure upgrade projects and $70,297 was spent on infrastructure renewal projects. The Margaret River main street upgrade project, reconstruction of Warner Glen Road and preservation of marine structures were the main areas of expenditure.

Financial performance against budget are shown in the following charts.


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72


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Following is the Statement of Financial Activity for the year ending 31 July 2018.


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SHIRE OF AUGUSTA MARGARET RIVER

STATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDING 31 July 2018BUSINESS UNITS 2017-18 2018-19 2018-19 2018-19 2018-19 YTD

Last Year Approved Month of YTD YTD Variance

Actual Budget July Budget Actual >10% & Comments

$ $ $ $ $ >$10,000

Net Current Assets at 1 July surplus/(deficit) 4,331,506 5,103,678 5,103,678 5,103,678 5,103,678 Includes advance payment of FAGs for 2018-19

Revenue from Operating Activities

Rates 20,943,450 21,769,660 21,127,958 21,242,660 21,127,958 0

General Financing 2,274,065 1,492,719 85,671 72,214 85,671 13,457 Timing: reimbursements, service charge

Members of Council 179 500 0 125 0 0

Chief Executive Officer 75,226 0 0 0 0 0

Director Corporate & Community 14,010 27,500 411 500 411 0

Director Sustainable Development 1,000 0 0 0 0 0

Director Infrastructure 0 0 0 0 0 0

Finance 73,146 15,941 0 0 0 0

Records 920 0 30 0 30 0

Corporate Services 2,158 1,500 0 0 0 0

Customer Relations 198,836 193,800 14,728 15,150 14,728 0

Information Comm. Technology 10,024 0 0 0 0 0

Human Resources 39,000 20,000 0 0 0 0

Community Planning & Development 37,910 43,917 298 2,300 298 0

Emergency and Fire Services 621,007 305,449 0 0 0 0

Rangers 207,086 211,700 10,824 13,100 10,824 0

Libraries 39,913 38,700 4,420 4,600 4,420 0

Environmental Health 121,961 123,915 76,463 39,002 76,463 37,461 Timing: food premises invoices

Outside School Hours Care 456,838 463,300 50,174 27,800 50,174 22,374 Timing: July school holidays care

Waste Services 4,890,517 4,927,040 4,299,547 4,194,188 4,299,547 0

Town Planning 281,277 318,360 28,036 26,530 28,036 0

Community Buildings 16,611 0 212 0 212 0

MR Recreation Centre 802,537 829,900 72,816 63,200 72,816 0

Cultural Centre 8,280 1,300 0 0 0 0

Augusta Recreation Centre 29,460 41,500 1,034 3,500 1,034 0

Gloucester Park 73,174 74,500 20,159 30,000 20,159 0

Parks and Gardens 5,835 4,400 0 0 0 0

Asset Services 129,897 105,600 34,340 11,100 34,340 23,240 Timing: invoicing of annual fees

Landcare 1,950 25,000 0 0 0 0

Maintenance 20,893 0 0 0 0 0

Plant Program 47,511 2,000 0 0 0 0

Caravan Parks 2,046,017 2,176,194 47,040 35,200 47,040 11,840 Timing: seasonal fluctuation

Building Control 260,398 248,200 17,300 19,125 17,300 0

Works Overheads 328 0 0 0 0 0

Plant Operation Costs 9,081 0 0 0 0 0

Other Property and Services 127,766 20,000 0 0 0 0

33,868,262 33,482,595 25,891,461 25,800,294 25,891,461 91,167

Expenditure from Operating Activities

Revenue (459,373) (319,444) (25,915) (26,721) (25,915) 0

General Financing (559,612) (604,642) (90,254) (89,868) (90,254) 0

Members of Council (329,429) (393,224) (20,006) (24,852) (20,006) 0

Chief Executive Officer (996,984) (1,356,786) (107,717) (121,220) (107,717) 13,503 Timing: labour costs, Iconic events

Director Corporate & Community (410,508) (498,770) (40,536) (51,179) (40,536) 10,643 Timing: Community Infrastructure Report project

Director Sustainable Development (677,279) (686,350) (70,964) (70,269) (70,964) 0

Director Infrastructure (242,171) (385,540) (36,080) (41,248) (36,080) 0

Finance (916,635) (966,222) (294,752) (296,246) (294,752) 0

Records (176,219) (194,632) (21,449) (23,274) (21,449) 0

Corporate Services (253,867) (272,840) (13,173) (16,485) (13,173) 0

Customer Relations (517,871) (547,932) (56,953) (61,851) (56,953) 0

Information Comm. Technology (1,056,950) (1,158,039) (213,596) (270,414) (213,596) 56,818 Timing: software licences

Human Resources (606,178) (665,960) (81,340) (80,603) (81,340) 0

Community Planning & Development (594,080) (727,906) (53,210) (90,479) (53,210) 37,269 Timing: various projects

Emergency and Fire Services (1,190,120) (1,112,859) (94,902) (120,217) (94,902) 25,315 Timing: BFB expenditure & contract services

Rangers (667,645) (702,644) (56,490) (72,641) (56,490) 16,151 Timing: contract services & burials

Beach Lifeguards (88,010) (126,220) (329) (75) (329) 0

Libraries (952,077) (987,441) (90,412) (95,318) (90,412) 0

Environmental Health (499,847) (570,020) (48,777) (65,515) (48,777) 16,738 Timing: labour costs

Outside School Hours Care (443,311) (438,968) (51,922) (56,178) (51,922) 0

Waste Services (2,356,932) (2,811,796) (181,156) (221,301) (181,156) 40,145 Timing: waste collection & disposal

Town Planning (947,132) (1,087,572) (97,862) (107,246) (97,862) 0

Landcare (434,887) (668,198) (15,697) (38,081) (15,697) 22,384 Timing: projects

Community Buildings (1,855,291) (1,954,385) (72,999) (103,946) (72,999) 30,947 Timing: building maintenance & cleaning

MR Recreation Centre (2,220,996) (2,265,198) (163,793) (186,535) (163,793) 22,742 Timing: equipment leasing & building operations

Cultural Centre (1,753,337) (478,307) (245,781) (247,007) (245,781) 0

Augusta Recreation Centre (118,554) (167,514) (5,162) (20,554) (5,162) 15,392 Timing: works scheduled for later in the year

Gloucester Park (223,677) (234,304) (4,530) (5,400) (4,530) 0

Parks and Gardens (2,665,605) (2,554,964) (97,215) (152,051) (97,215) 54,836 Timing: staff diverted to storm damage cleanup

Asset Services (916,344) (1,136,808) (89,819) (108,834) (89,819) 19,015 Timing: projects

Construction 0 0 0 0 0 0

Maintenance (8,554,748) (8,508,587) (286,826) (267,133) (286,826) 0

Plant Program (52,314) (169,042) (2,269) (1,054) (2,269) 0

Caravan Parks (1,334,456) (1,386,056) (52,943) (102,358) (52,943) 49,415 Timing: labour costs (seasonal)

Building Control (160,526) (175,620) (18,678) (17,263) (18,678) 0

Works Overheads (158,890) (75,018) (141,219) (129,228) (141,219) 0

Plant Operation Costs 149,843 209,208 23,264 (58,577) 23,264 81,841 Timing: over recovery as no depreciation

Other Property and Services (78,087) (51,000) (3,332) 0 (3,332) 0

(35,320,094) (36,231,600) (2,924,794) (3,441,221) (2,924,794) 516,426


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SHIRE OF AUGUSTA - MARGARET RIVER

STATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDING 31 July 2018BUSINESS UNITS 2016-17 2018-19 2018-19 2018-19 2018-19 YTD

Last Year Approved Month of YTD YTD Variance

Actual Budget July Budget Actual >10% &

$ $ $ $ $ >$10,000

Operating activities excluded from Budget

Depreciation on assets 9,046,640 9,146,640 0 0 0 0

(Profit)/Loss Asset Disposal 1,428,733 147,042 0 1,054 0 0

Movement in deferred pensioner rates 0 0 0 0 0 0

Movement in employee benefit provisions (non-current) 0 0 0 0 0 0

Loss on revaluation of non current assets 0 0 0 0 0 0

10,475,373 9,293,682 0 1,054 0 (1,054)

Amount attributable to operating activities 13,355,047 11,648,355 28,070,345 27,463,805 28,070,345

INVESTING ACTIVITIES

Non Operating Grants & Contributions

Community Planning & Development 1,435,323 0 0 0 0 0

Emergency and Fire Services 746,412 818,078 0 0 0 0

Waste Services (26,450) 0 0 0 0 0

Town Planning 435,459 200,000 48,923 0 48,923 48,923 Timing: Developer contributions received

Community Buildings 2,500,000 4,155,268 0 0 0 0

MR Recreation Centre 0 0 0 0 0 0

Gloucester Park 13,030 0 0 0 0 0

Parks and Gardens 24,000 332,207 0 0 0 0

Asset Services 8,450 45,000 0 0 0 0

Construction 3,238,427 2,114,039 2,784 141,000 2,784 (138,216) Timing: MRWA direct grant

8,374,650 7,664,592 51,707 141,000 51,707 (89,293)

Capital Investment

Purchase Land Held for Resale 0 0 0 0 0 0

Purchase Land and Buildings (3,226,405) (11,279,595) (130,386) (40,000) (130,386) (90,386) Timing: Cowaramup BFB shed & Augusta Rec Ctr

Purchase Infrastructure Assets - Other (3,970,037) (4,528,639) (355,699) (33,000) (355,699) (322,699) Timing: Rapids Landing PS Oval instalment to DoE

Purchase Infrastructure Assets - Roads (5,800,517) (8,273,574) (95,753) (171,660) (95,753) 75,907 Timing: various projects

Purchase Plant and Equipment (2,749,965) (2,204,690) 0 (132,723) 0 132,723 Timing: plant & vehicle purchases

Purchase Furniture and Equipment (91,844) (341,500) 0 (142,000) 0 142,000 Timing: ICT equipment

Proceeds from Disposal of Assets 583,960 1,457,182 2,648 34,000 2,648 (31,352) Timing: related to plant & vehicle purchases

(15,254,808) (25,170,816) (579,190) (485,383) (579,190) (93,807)

Amount attributable to investing activities (6,880,157) (17,506,224) (527,482) (344,383) (527,482)

FINANCING ACTIVITIES

Repayment of Debentures (591,896) (853,730) (116,387) (116,387) (116,387) 0

Advances to Community Groups (5,200) 0 0 0 0 0

Proceeds from Self-Supporting & IF Loans 12,701 11,317 0 0 0 0

Proceeds from New Loan 2,450,000 500,000 0 0 0 0

Transfers to Cash Reserves (5,715,267) (3,044,815) (40,178) (40,178) (40,178) 0

Transfers from Cash Reserves 2,662,506 9,245,097 0 0 0 0

Amount attributable to financing activities (1,187,157) 5,857,869 (156,565) (156,565) (156,565) 0

Net Current Assets Surplus (Deficit) 5,287,733 0 27,386,297 26,962,858 27,386,297 Investments At 31 July 2018 the Shire’s cash on hand, deposits and investments totalled $29,174,328 (a decrease of $5,068,401 to last month’s total of $34,242,729) and total investment interest earned for the year was $62,681 and exceeded the budget of $60,700.

Term Deposits – Cash Management At the end of July the Shire had the following short-term facilities (term deposits).

Term Days Maturity Institution (ADI) Principal $

Interest Rate Interest $

365 16/8/18 Bankwest 4,000,000 2.54% 101,600

365 6/9/18 Bankwest 2,000,000 2.53% 50,600

265 13/9/18 National Australia Bank 5,000,000 2.60% 130,000

364 16/3/19 Bankwest 1,500,000 2.50% 37,397

183 2/10/18 Bendigo Bank 1,000,000 2.45% 12,284

365 11/4/19 National Australia Bank 2,500,000 2.62% 65,500

183 5/12/18 AMP 1,500,000 2.75% 20,681

182 20/12/18 Bankwest 2,500,000 2.80% 34,904

175 21/12/18 ING 1,500,000 2.55% 18,339

365 18/7/19 NAB 1,500,000 2.74% 41,100

23,000,000 512,405


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During the month the following changes occurred to term deposits:

A term deposit with Members Equity matured on 4/7/2018 and was redeemed;

A term deposit with NAB matured on 18/7/2018 and was rolled over for 12 months at 2.74%; and

A term deposit with NAB matured on 27/7/2018 and was redeemed. The average rate of interest to be paid on all of the term deposits is 2.61%.

The Shire also has an Overnight Cash Deposit Facility (OCDF) with WA Treasury Corporation (WATC) which is used to hold the Royalties for Regions funds allocated for the main street redevelopment project. The South West Development Commission are a joint signatory for this facility. During the month interest of $6,711 was earned and the current balance of the investment is $5.456 million. The current rate of interest earned on this facility is 1.45% and is set at 5 basis points lower than the Reserve Bank’s cash reference rate.


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In-Kind Support At 31 July 2018 fee waivers, donations and financial assistance sponsorships totalled $4,017 and included $2,400 of sporting sponsorships and $1,617 of fee waivers. Reserves Movement to reserves represent interest earned on reserve funds. During the month no reserve transfers were processed. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective and integrated strategy, planning, financial and asset management Strategy 1: effectively measure our success and progress to a sustainable future Service level strategy/plan: Continue to monitor monthly, year to date and annual financial performance including preparation of the annual financial report. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – July 2018 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units


CR EARL, CR SMART OM2018/239 That Council receives the Monthly Financial Report – July 2018 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 6/0


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11.4.2 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14 AUGUST 2018

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/3 REPORT AUTHOR Chris Lloyd, Community Emergency Services Manager AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

On 14 August 2018, the Local Emergency Management Committee (LEMC) held its quarterly meeting.

Three items that were scheduled to be discussed regarding the Shire’s recovery experiences for the Westbay Fire, Shark Incident and Osmington Incident which occurred in early 2018, were tabled however, WA Police requested that the Shark Incident and Osmington Incident not be discussed in this forum due to them not being legislated Prescribed Hazards.

The Local Recovery Coordination Group has been meeting fortnightly for the Osmington Incident. This Group will start meeting monthly and will ramp down gradually.

Round two of Mitigation Activity Funding has been applied for by the Shire to implement its treatment schedule as per the Bushfire Risk Management Plan 2017-2022.

The Committee acknowledged the good work completed by the Shire of Augusta Margaret River, with support of the other agencies, for their efforts in recovery from the incidents experienced in early 2018.

The Committee thanked Margaret River Police Sergeant, Brett Cassidy, for his strong participation in the LEMC over the last five years. Brett is relocating and a new Sergeant will be appointed soon.

RECOMMENDATION That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 14 August 2018.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Local Emergency Management Committee meetings are held quarterly on the second Tuesday of the month. CONSULTATION AND ADVICE External Consultation LEMC delegates Internal Consultation

Director Corporate and Community Services

Manager Human and Community Services (Shire Recovery Coordinator)

Shire of Augusta Margaret River Community Emergency Services Manager

Ranger Services DISCUSSION / OFFICER COMMENTS Shark and Osmington Incidents - Recovery


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The Shire of Augusta Margaret River will seek advice from relevant stakeholders on the WA Police request to investigate what the appropriate forum is to discuss these items. The Shire of Augusta Margaret River’s intent was to improve current Incident Recovery responses for the affected people of the community as well as its internal processes and resourcing. Additionally, intended discussions were to acknowledge the Shire has limited resources in these specialist areas and requires additional support, skills, knowledge and resources from the relevant agencies as required. The Shire believes that these incidents would benefit from an agreed Emergency Management Framework so that there is coordinated prevention, preparedness, response and recovery. Clearly defined roles and responsibilities of involved agencies would also improve current responses in the area of recovery. Westbay Fire – De-Brief There were issues identified by the Shire of Augusta Margaret River regarding the identification and management of hazardous substances such as asbestos. Some challenges were identified in the de-brief meetings and a waste management recovery exercise is planned for 22 August 2018 at the Shire of Augusta Margaret River. WALGA have also utilised the Shire as a case study to develop a high level framework for Local Waste Management Arrangements. The results of the exercise and framework will inform the inclusion of a local plan for the Shire’s Local Emergency Management Arrangements. It was still noted that additional support from other agencies through the Recovery process would be required for this Shire to maintain its core services if future incidents occur. Mitigation Activity Funding Round 2 Application The Shire has submitted its application for Round Two of Mitigation Activity Funding. This funding is allocated to the works identified through the Shire’s Bushfire Risk Management Plan. A large amount of the work has been identified as mechanical works on state land which aims to reduce fuel loads, provide suitable firebreaks or containment lines for planned burning activities. The funding is only available to treat those assets that the Bushfire Risk Management Plan has identified are at very high or extreme risk. Acknowledgement of Brett Cassidy (Margaret River Police)

Shire President, Pam Townshend, along with the Committee acknowledge the dedication and hard work

shown by Sergeant Brett Cassidy in the community and with the Local Emergency Management

Committee over the past five years. As per the Local Emergency Management Arrangements and

Emergency Management Act 2005, Brett’s position is also the Local Emergency Management

Coordinator for the Shire of Augusta Margaret River. The new Margaret River Police Sergeant will be

appointed shortly.

Shire of Augusta Margaret River Recovery Efforts

There were three incidents experienced in the Shire in early 2018 which the Shire of Augusta Margaret River initiated its Recovery processes to support the community and other agencies. The Committee recognised the great work completed and thanked all involved for their ongoing efforts. It was noted that the relevant members of the Local Emergency Management Committee work very well together when incidents do occur and that the Shire of Augusta Margaret River is (in their opinion) leading the way in this area. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 36(a) Emergency Management Act 2005 Section 38(1) Emergency Management Act 2005 Sections 41, 42 & 43 Emergency Management Act 2005 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. Community Outcome 6: Safer Communities Strategic Response: Enhance the Shire’s emergency and disaster management capabilities


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PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Preparedness, timing, response and support to local emergencies will reduce any impact on the environment from an emergency situation. Social An effective LEMC will assist the community in the response and recovery phases of an emergency. Economic An effective LEMC has the potential to reduce the likelihood and consequence of an emergency impacting on economic wellbeing of the local community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 14 August 2018. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Local Emergency Management Committee meeting minutes and attachments – 14

August 2018.


CR EARL, CR SMART OM2018/240 That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 14 August 2018.

CARRIED 6/0


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11.4.3 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 15 AUGUST 2018

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/4 REPORT AUTHOR Chris Lloyd, Community Emergency Services Manager AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

On 15 August 2018, the Bush Fire Advisory Committee (BFAC) held its quarterly meeting.

One new Fire Control Officer (FCO) was endorsed for Rosa Brook.

The Draft Bushfire Management Notice 2018/19 was presented by Michael O’Regan (Ranger Coordinator) and feedback was requested from BFAC Delegates by 30 August 2018.

The Department of Biodiversity Conservation and Attractions presented their autumn 2018 Planned Burn achievements and plans for spring 2018 and autumn 2019.

The Permit to Burn can now be designed to suit local governments using a template developed by WALGA. This was developed in conjunction with various working groups represented by Fire Control Officers across the state.

The Shire’s Bushfire Procedure has been reviewed by the Community Emergency Services Manager and the Draft presented to delegates for comment. All feedback due by 14 September 2018.

The Department of Fire and Emergency Services Lower South West Superintendent Position will soon be advertised and it appears that this position will tenured on a three yearly contract. Delegates would prefer this position be made permanent.

The implementation of Section 46 of the Bush Fires Act 1954 was discussed which allows local government or the Fire Control Officer to direct the community to postpone the lighting of a fire or extinguish fire if it deems necessary.

Discussions were held on brigade operational matters. RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

meeting held 15 August 2018; 2. Endorses the appointment of Mark Ridge as a Fire Control Officer for Rosa Brook; and 3. Recommends to the Commissioner for the Department of Fire and Emergency Services (DFES)

that the Superintendent Lower South West position be made permanent.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Bush Fire Advisory Committee meetings are held quarterly on the third Wednesday of the month. CONSULTATION AND ADVICE External Consultation BFAC delegates Internal Consultation Nil


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DISCUSSION / OFFICER COMMENTS Draft Bushfire Management Notice 2018/19 (formerly known as Firebreak and Fuel Hazard Reduction Notice) The Coordinator Ranger Services provided the committee with an update on the review of the 2018/19 Bushfire Management Notice. This year the intent is to develop a Notice that meets the requirements of the Bush Fires Act 1954 and is easily identified and understood by the responsible landowner. There have been a few changes which were highlighted to the committee and feedback has been requested to be provided by BFAC delegates by 30 August 2018. A working group has been formed that will meet on 30 August 2018 to finalise the draft. Endorsement of new FCO for Rosa Brook The current FCO for Rosa Brook has advised the brigade of his resignation as FCO. Mark Ridge has nominated to take the position of FCO. The BFAC have endorsed Mark Ridge as a FCO for Rosa Brook. Mark Ridge has previously completed the required Fire Control Officer training. Department of Biodiversity Conservation and Attractions – Planned Burning Activities Ed Hatherley presented:

1. The DBCA Autumn 2018 prescribed burn achievements in the AMR Shire. 2. The DBCA Spring 2018 planned prescribed burns in the AMR Shire. 3. The DBCA Autumn 2019 planned prescribed burns in the AMR Shire.

There is a large strategy underway to reduce the fuel loads and ultimately reduce the risk of bushfire impacting on town sites and valued community assets in the Shire of Augusta Margaret River. Communications with key stakeholders including the Fire Control Officer’s will continue to be improved upon. Local Brigades were thanked for their support and participation in some of the burns conducted in autumn 2018. New Permit to Burn Template WALGA has developed a template for local governments to utilise for Permit to Burn. The Shire’s Chief Bush Fire Control Officer participated in the working groups responsible for its development. The Permit consists of mandatory fields required by the Bush Fires Act 1954, as well as some optional fields. This enables each local government to create a template which is fit for purpose depending on the needs of the FCO’s and local community. The Community Emergency Services Manager requested that delegates provide feedback / comment on the proposed Permit to Burn so that new permit booklets can be printed for the upcoming permit season. Shire of Augusta Margaret River Bushfire Procedure The Community Emergency Services Manager has reviewed the Bushfire procedure and provided the first draft to BFAC delegates and Executive members of each brigade for review. The purpose of this procedure is to ensure the provision of an effective volunteer bush fire firefighting service within the Shire of Augusta Margaret River. The last review was completed in May 2015. Department of Fire and Emergency Services (DFES) Lower South West Superintendent Position It is the understanding of the Shire’s Chief Bush Fire Control Officer, David Holland, that the position of Superintendent Lower South West at DFES will be a three year tenure only. It is the preference of the delegates to have a permanent Superintendent appointed. This promotes a healthy working relationship between DFES and the Shire of Augusta Margaret River Bush Fire Service. Additionally, it is less likely that valuable information, arrangements and response plans do not ‘leave’ with the current Superintendent. Section 46 of the Bush Fires Act 1954 Section 46 of the Bush Fires Act 1954 allows Local Government or the Fire Control Officer to direct the community to postpone the lighting of a fire or extinguish fire if it deems necessary. The notification is not subject to a time frame or specific method therefore, the Deputy Chief Bush Fire Control Officer recommended the Local Government uses the same process as they use for communicating harvest and vehicle movement bans. There is no requirement to publish it in the government gazette. Implementing this outside of Restricted or Prohibited Burning Periods could help us prevent escape of controlled burns when upcoming weather forecasts alert us to potentially dangerous weather patterns.


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 38(1) Bush Fire Act 1954 Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Goal 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the environment. Social An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on community wellbeing. Economic An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the economic wellbeing of the local community. Voting Requirements Simple Majority RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

meeting held 15 August 2018; 2. Endorses the appointment of Mark Ridge as a Fire Control Officer for Rosa Brook; and 3. Recommends to the Commissioner for the Department of Fire and Emergency Services (DFES)

that the Superintendent Lower South West position be made permanent. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Bush Fire Advisory Committee meeting minutes and attachments – 15 August 2018. RECOMMENDATION / COUNCIL DECISION

CR EARL, CR SMART OM2018/241 That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory

Committee meeting held 15 August 2018; 2. Endorses the appointment of Mark Ridge as a Fire Control Officer for Rosa Brook; and 3. Recommends to the Commissioner for the Department of Fire and Emergency Services

(DFES) that the Superintendent Lower South West position be made permanent. CARRIED 6/0


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12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING

Nil 14. NEW BUSINESS OF AN URGENT NATURE

14.1. Members

Nil 14.2. CEO

Nil 15. CONFIDENTIAL BUSINESS

Nil 16. CLOSURE OF MEETING The Shire President thanked all in attendance and declared the meeting closed at 8.12pm

ordinary council - shire of augusta-margaret river...applications for leave of absence nil 6....

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