Attachments of Ordinary Meeting

SHIRE OF BROOME

Ordinary Meeting of Council

25 June 2015

Attachments To Agenda Items

9.1.1 APPOINTMENT OF MEMBERS TO THE ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE

Attachment 1 Revised Terms of Reference ACHAC 0615 3

9.1.2 Kimberley Libraries Regional Activity Plan 2015/2016

Attachment 1 Kimberley Regional Activity Plan 2015-2016 13

9.1.3 Proposed Closure of Bin Sallik Avenue Laneway

Attachment 1 Petition to Close Bin Sallik Avenue Laneway 21

Attachment 2 Locality Plan - Bin Sallik Avenue Laneway 23

9.2.1 APPLICATION FOR PLANNING APPROVAL -TOURIST DEVELOPMENT AND RESTUARANT - LOT 280 (NO. 22) HAMERSLEY STREET AND LOTS 3 AND 281 (NO. 2) ANNE STREET

Attachment 1 Attachment No 1 - Location Plan 24

Attachment 2 Attachement No 2 - Development Plans 26

Attachment 3 Attachment No 3 - Planning Assessment Summary 58

Attachment 4 Attachment No 4 - Applicants Design Rational 66

9.2.2 PROPOSED LOCAL PLANNING POLICY - NON-CONFORMING USE REGISTER

Attachment 1 Local Planning Policy - Non-Conforming Use Register 69

9.2.3 Cable Sounds Concert Application - Mellen Events

Attachment 1 Cable Sounds 2015 Site Map 76

Attachment 2 Mellen Events Letter of Support Request 2015 Cable Sounds Concert Event 77

Attachment 3 Mellen Events Letter Requesting Exemption Reg 18 Noise 78

9.2.4 USE OF COMMON SEAL - LEGAL AGREEMENT FOR CONDITION OF PLANNING APPROVAL 2013/240

Attachment 1 Attachment No 1 - Copy of draft Legal Agreement 79

9.2.5 AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

Attachment 1 Attachment No 1 - Location Plan 88

Attachment 2 Attachment No 2 - Scheme Amendment Map 90

Attachment 3 Attachment No 3 - Scheme Amendment Report 91

Attachment 4 Attachment No 4 - Park Concept Design 113

9.2.6 Loritz Circus Event Application

Attachment 1 Loritz Circus Site Plan 114

Attachment 2 Loritz Circus Advertising Signage 115

9.3.1 EVALUATION OF SUBMISSION FROM RALSTON BAY HOLDINGS TO LEASE ROEBUCK BAY CARAVAN PARK

Attachment 3 Timeline for new lease 116

9.4.1 PAYMENTS - MAY 2015

Attachment 1 PAYMENTS - MAY 2015 118

9.4.2 May 2015 Financial Activity Report

Attachment 1 Monthly Financial Activity Report May 2015 129

Attachment 2 Sch 2-16 General Fund Summary of Financial Activity May 2015 150

9.4.3 CONTRACT ANIMAL MANAGEMENT SERVICES

Attachment 1 RFF Review of Animal Management Services March 2015 233

Attachment 2 RFT Animal Management Services 25 June 2015 264

9.4.4 Meeting Schedule for Economic Development Advisory Committee

Attachment 1 Terms of Reference - Economic Development Advisory Committee 287

10.1 ACCESS AND INCLUSION ADVISORY COMMITTEE MEETING MINUTES 17 FEBRUARY 2015

Attachment 1 Minutes AIAC Meeting 19 May 2015 294

10.2 MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE 3 JUNE 2015

Attachment 1 Attachment 1 - Minutes of the Broome Cemetery Advisory Committee held 3 June 2015 305

10.3 Bush Fire Advisory Committee Special Meeting Minutes 29 April 2015

Attachment 1 Unconfirmed Special BFAC Minutes 29 April 2015 317

Attachment 2 Amended Fire Break Inspection Planfor Broome 2015 335

10.4 Yawuru Park Council (YPC) - Progress Report and MINUTES of mettings for 13 August and 22 September 2014.

Attachment 1 Attachment A_YPC Minutes August 2014 337

Attachment 2 Attachment B_YPC Minutes September 2014 354

Attachment 3 Attachment C_Area 25_Map ITZ 365

Item 9.1.1 - APPOINTMENT OF MEMBERS TO THE ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE

Revised Terms of Reference ACHAC 0615

COUNCIL COMMITTEES–OTHER LEGISLATION

Council has resolved to formally establish a number of Committees to operate under separate legislation.

Statute excerpts have been highlighted and included from various relevant pieces of legislation applicable to these committees and unless otherwise stated, the Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) also applies. The following sections are to be noted:

Local Government Act 1995

Part 13 - Making Decisions

13.1 Question - When Put

When the debate upon any question is concluded and the right of reply has been exercised the person presiding shall immediately put the question to the Council or the committee, and, if so desired by any member of the Council or committee, shall again state it.

13.2 Question - Method of Putting

If a decision of the Council or a committee is unclear or in doubt, the person presiding shall put the motion or amendment as often as necessary to determine the decision from a show of hands or other method agreed upon so that no voter’s vote is secret, before declaring the decision.

Part 17 – Committees of the Council

17.1 Establishment and Appointment of Committees

A committee is not to be established except on a motion setting out the proposed functions of the committee and either -

(a) the names of the Council members, employees and other persons to be appointed to the committee; or

(b) the number of Council members, employees and other persons to be appointed to the committee and a provision that they be appointed by a separate motion.

17.2 Appointment of Deputy Committee Members

(1) The Council may appoint one or more persons to be the deputy or deputies, as the case may be, to act on behalf of a member of a committee whenever that member is unable to be present at a meeting thereof and where two or more deputies are so appointed they are to have seniority in the order determined by the Council.

(2) Where a member of a committee does not attend a meeting thereof a deputy of that member, selected according to seniority, is entitled to attend that meeting in place of the member and act for the member, and while so acting has all the powers of that member.

Arts, Culture and Heritage Advisory Committee

3 x Councillors (including Deputies)	-	Cr A Poelina Cr G Campbell (Deputy) Cr P Matsumoto Cr M Lewis (Deputy) Cr M Manado Cr H Tracy (Deputy)
6 x Community Delegates Chairperson/Deputy	-	1 x Heritage Organisation Sarah Keenan, Broome Historical Society 1 x Arts Organisation 1 x Cultural Organisation Sarah Yu, Nyamba Buru Yawuru 4 x Community Representatives Eunice Yu Gwen Knox Rani Middleton xxxxxxxxxx Eunice Yu (Chairperson); Gwen Knox (Deputy Chair)
Officer Responsible	-	Deputy Chief Executive Officer
Meeting Schedule	-	Quarterly and other meetings as required
Meeting Location	-	Function Room, Shire of Broome
Quorum	-	Five members including one elected member delegate.
Delegated Authority	-	Nil

FUNCTIONS:

1.0 NAME

The name of the Committee is the Arts, Culture & Heritage Advisory Committee.

2.0 DISTRICT/AREA OF CONTROL

Local Government boundaries of the Shire of Broome.

3.0 VISION / PURPOSE

To provide advice to Council on matters of Arts, Culture and Heritage. This includes matters relating to the Shinju Matsuri Festival such as the scope of financial and in kind support provided to the festival and participation in the Shinju Matsuri Aquisitive Arts Prize.

To provide advice to Council to guide the implementation of the Shire of Broome Public Art Policy.

4.0 STATUTE

Shire of Broome Standing Orders Local Law 2003

The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.

Shire of Broome Policies:

Policy 5.1.6 Public Art

Policy 5.1.9 Shinju Matsuri Acquisitive Art Prize

Local Planning Policy 8.20 Provision of Public Art

Various legislative instruments may apply including but not limited to:

Heritage of Western Australia Act 1990

Aboriginal Heritage Act 1972

Museum Act 1969

5.0 ESTABLISHMENT

Established by Council Resolution on 6 September 2012.

6.0 OBJECTIVES

1. Research and develop a draft Arts & Culture Plan for consideration by Council

2. Research and develop a draft Cultural Heritage Plan for consideration by Council

7.0 MEMBERSHIP

7.1 General

Council will appoint three elected members as Delegates and three elected members as Deputies to the Committee. Expressions of interest will be sought for community representatives as vacancies arise and a recommendation made to Council for appointment.

7.2 Tenure of Membership

Where a person is appointed as a member of the Arts, Culture and Heritage Committee the person’s membership of the Committee continues until —

· The person no longer holds office by virtue of which the person became a member.

· The person resigns from membership of the Committee.

· The Committee is disbanded.

· The Council removes the person from the Committee by resolution of Council.

· For elected member Delegates, the next ordinary elections day

Officers may be appointed and removed from the Committee by the Chief Executive Officer.

8.0 DELEGATED AUTHORITY

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility. Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

9.0 COMMITTEE

9.1 Chairperson

The Chairperson and Deputy Chairperson to be elected by the Committee members. The Chairperson is Eunice Yu and the Deputy Chairperson is Gwen Knox.

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.

9.2 Secretariat

This role is to be fulfilled by a Shire officer from the Community Development Directorate.

9.3 Standing Ex-Officio Members

Shire President and Chief Executive Officer.

10.0 MEETINGS

10.1 Annual General Meeting

N/A

10.2 Committee Meetings

The Chairperson will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

10.3 Quorum

Five members including one elected member delegate.

10.4 Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson. If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995.

Local Government Act 1995

S 5.21 - Voting

(1) Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2) Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3) If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4) If a member of a council or a committee specifically requests that there be recorded —

(a) his or her vote; or

(b) the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

10.5 Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting. Once Meeting Minutes have been confirmed by members they are to be submitted to the Council Secretary be posted on the Shire’s website.

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

10.6 Who Acts if No Presiding Member

If, in relation to the presiding member of the Committee:

(a) the office of presiding member and the office of deputy presiding member are vacant; or

(b) the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.

10.7 Members Interests to be Disclosed

Members of the Arts, Culture & Heritage Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

5.65. Members’ interests in matters to be discussed at meetings to be disclosed

(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —

(a) in a written notice given to the CEO before the meeting; or

(b) at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2) It is a defence to a prosecution under this section if the member proves that he or she did not know —

(a) that he or she had an interest in the matter; or

(b) that the matter in which he or she had an interest would be discussed at the meeting.

(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9. Types of committees

(1) In this section — “other person” means a person who is not a council member or an employee.

(2) A committee is to comprise —

(f) other persons only.

5.66. Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b) at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

[Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

5.67. Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not —

(a) preside at the part of the meeting relating to the matter; or

(b) participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

5.68. Councils and committees may allow members disclosing interests to participate etc. in meetings

(1) If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter —

(a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —

(i) the disclosing member also discloses the extent of the interest; and

(ii) those members decide that the interest —

(I) is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II) is common to a significant number of electors or ratepayers.

(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

5.70. Employees to disclose interests relating to advice or reports

(1) In this section —

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

5.71. Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and —

(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

Item 9.1.2 - Kimberley Libraries Regional Activity Plan 2015/2016

Kimberley Regional Activity Plan 2015-2016

2015 – 2016 ACTIVITY PLAN for KIMBERLEY REGION

Participants in this Activity Plan are:

Host Local Government & Regional Library: Shire of Broome Broome Public Library

Participating Local Governments: Shire of Derby West Kimberley Shire of Wyndham East Kimberley
Shire of Halls Creek

For support provided to Participating Local Government Libraries:       Derby                                     Kununurra
                                                                                               Fitzroy Crossing                  Wyndham
                                                                                               Halls Creek

CORE ACTIVITIES:

ACTIVITY PLANNING
Activity Details	Cost (Staff^{^[1]} Hours / Labour^{^[2]} cost / Other)	Total Cost^{^[3]}	SLWA Payment	Outcomes	Suggested performance measures^{^[4]}
Activity Plan, Preparation	RLib: 10 hrs/ $738.50	$738.50	$400	Draft Activity Plan for 2015/16	Activity Plan outlining expected activities and costs for the year
Endorsement & signing	RLib: 3 hrs/ $ 221.55	$221.55	$200	Approved Final Activity Plan for submission to SLWA	Activity Plan signed by all participating Local Governments & Host LGA
Reporting	RLib: 9 hrs/ $ 664.65	$664.65	$350	Compiled reports as per requested guidelines	Report twice per year against plan

GENERAL SUPPORT

Details of support to be provided

Cost (Staff Hours / Labour cost / Other costs^{^[5]})

Total Cost

Cost Share

SL: 50%

HLG^{^[6]}: 50%

PLG^{^[7]}:

Outcomes

Suggested performance measures

Ongoing Support to Library staff at Halls Creek

Support provided for Framework review and Regional Model Changes and Post-Regional Meeting queries

RLib: 12 hrs/$886.20

LO: 6 hrs/$274.56

$1160.76

SL: $580.38

HLG: $580.38

PLG:

Self-Sufficient Library service at Halls Creek that maximises SLWA resources.

Fully informed and engaged regional participation in the creation of a new framework agreement at a State-wide level.

Brief narrative on support provided; analysis of issues to be dealt with regionally, collaboratively or at State-wide level; results of Library or LGA surveys which include library services

TRAINING

Details of training to be provided

Cost (Staff Hours / Labour cost / Other costs)

Total Cost

Cost Share

SL: 50%

HLG: 50%

PLG:

Outcomes

Suggested performance measures

Regional Library Employee induction and handover (if applicable)

RLib: 3 hrs/$221.55

LO: 2 hrs/$91.52

$313.07

SL: $156.54

HLG: $156.54

PLG:

Contingency pending any staffing changes in region supported by HLG

Number of training sessions offered for year; number of participants; feedback from participants

REGIONAL MEETING

Meeting details

Cost (Staff Hours / Labour cost / Other costs)

Total Cost

Cost Share

SL: 50%

HLG:

PLG:

Outcomes

Suggested performance measures

Regional meeting held as roadshow in conjunction with Oral History training trip as planned in Activity plan 2014/15.

Roadshow format ensures that each library service is able to participate. Current staffing levels at each library are such that backfill for a central regional trip is not available.

RLib: 22.5hrs
$1661.63

LO: 22.5hrs
$1029.60

Car Hire (3 days, one way fee inclusive): $870.66

Petrol (180lt at $1.40): $252.00

Accommodation & Food (2 staff plus presenter.) $5628.69

Flights (one way, 2 staff):
$538.00

$9980.58

SL: $4990.29

HLG: $4990.29

PLG: Support in kind and individual LG staff costs for participants

Roadshow to strengthen ties between regional participants, decrease geographic isolation of specialist staff, provision of library-specific training topics for general staff, and aim to draw upon existing resources to increase productivity of services.

Meeting held; Number of libraries represented; feedback from attendees via evaluation form.

IN REGION VISITS

Details of In-Region Visits to be Conducted

Cost (Staff Hours / Labour cost / Other costs)

Total Cost

Cost Share

SL: 50%

HLG:

PLG:

Outcomes

Suggested performance measures

Biennial visit to Halls Creek for general support, assessment, and training. Estimated for March/April 2016.

Allotment is for two staff based on OHS. Currently seeking advice to determine if this could be reduced to one for cost savings. Will advise by end of Q1 2015/16 and change funding as applicable.

Planning 5 hrs

Travel 10 hrs

Visit 13.5 (x2) hrs

Backfill 16 hrs

RLib: 21 hrs
$1550.85

LO: 16 hrs
$732.16

LO (backfill): 5 hrs
$228.80

Accommodation & Food (2 staff for 2 nights.) $1415.20

Flights (2 staff):
$1772.00

$5699.01

SL: $2849.50

HLG: Incidentals and consumables for training documentation. Portable technology.

PLG: Support in kind dependent upon subject materials. May include outsourced IT costs.

Number of visits made; analysis of issue to be dealt with regionally, collaboratively or at state wide level. Visit reports completed.

PERTH VISITS

Details of Perth Visits by Regional Librarian

Cost (Staff Hours / Labour cost / Other costs)

Total Cost

Cost Share

SL: 100%

Outcomes

Suggested performance measures

Each trip is 15 hrs work + 12 hrs travel = 27 hours;

x4 trips 108 hrs

12 nights food & accommodation @ 305.45 per night

24 days Food and incidentals @93.60 per day

RL: 108 hrs
$7975.80

LO (backfill): 108 hrs
$4942.08

Flights
$2960.00

Accommodation
$3665.40

Food and Incidentals

$2246.40

$21,789.68

SL: $21,789.68

HLG: Planning, Incidentals and consumables

PLG: $

4 x 2 day visits to Perth to support region through meetings with State Library and regional colleagues, professional development, and to take part in the used item exchange

Report on meetings held on behalf of the region including specific queries and follow-up;

Information on Exchanges selected for HLG and any support supplied for PLGs;

Professional Development opportunities and their applicability to the Region as a whole.

VALUE ADDED ACTIVITIES:

PROJECT	DESCRIPTION	RESPONSIBILITY	COSTINGS	COST SHARE	SUGGESTED PERFORMANCE MEASURES
Visits to Perth (2) for Librarian staff of Shire of Derby West Kimberley	Funding to assist Shire Librarian to undertake travel to Perth twice per year	Trips to be undertaken to allow for professional-level interaction, site visits, cooperation and engagement between remote Librarian and colleagues in Perth to further a Library service otherwise developed in professional isolation. Trips allow further capacity for service delivery at a local level, offsetting direct regional support from HLG and SLWA.	15 hrs work + 12 hrs travel = 27 hours; 2 trips = 54 hrs @ $50.43/hr $2723.22 Flights: $1241.20 Acom: $916.35 Food: $316.40 Transport: $174.60 Total: $5371.77	SL: 50% HLG: 0 % PLG: 50% SL: $2685.89 HLG: $0.00 PLG: $2685.89	Report on meetings attended; Information on Exchanges selected for PLG; Report on Professional Collaboration opportunities and any site visits attended including any project outcomes that come out of collaborative works; Information supplied on any service improvements or developments gained through visits; Note: Reports submitted through RLib
Visits to Perth (2) for Librarian staff of Shire of Wydnham East Kimberley	Funding to assist Shire Librarian to undertake travel to Perth twice per year	Trips to be undertaken to allow for professional-level interaction, site visits, cooperation and engagement between remote Librarian and colleagues in Perth to further a Library service otherwise developed in professional isolation. Trips allow further capacity for service delivery at a local level, offsetting direct regional support from HLG and SLWA.	15 hrs work + 12 hrs travel = 27 hours; 2 trips = 54 hrs @ $56.83/hr $3068.82 Flights: $1863.80 Acom: $916.35 Food: $316.40 Transport: $174.60 Total: $5994.37	SL: 50% HLG: 0 % PLG: 50% SL: $2997.19 HLG: $0.00 PLG: $2997.19	Report on meetings attended; Information on Exchanges selected for PLG; Report on Professional Collaboration opportunities and any site visits attended including any project outcomes that come out of collaborative works; Information supplied on any service improvements or developments gained through visits; Note: Reports submitted through RLib
Provision of presenter for Regional Meeting	Presenter to include one of the following (TBD): RFID Specialist, Songlines Presenter for LG-link, E-Resources Specialist	Inclusion of a presenter will allow for a focus to be provided to the roadshow. This is dependent upon the availability of presenters and feedback from PLGs. Presentation topics being included focus on either technology (New), Local and Aboriginal genealogy support, or Maximising the use and promotion of current State-brokered Electronic resources.	Presenter Fee or compensation to seconded staff organisation for salary and backfill costs $1000.00 Flights (return PER/BME KUN/PER) $759.00	SL: 50% HLG: 50 % PLG: 0% SL: $879.50 HLG: $879.50 PLG: $	As with Regional Meeting Report

Total cost: Core Activities = $40,567.80

State Library: $31,676.40

Shire of Broome $8891.40

Shire of Derby West Kimberley: $0

Shire of Halls Creek: $0

Shire of Wyndham East Kimberley: $0

Total cost: Value Added Activities = $13,125.14

State Library: $6,562.57

Shire of Broome $879.50

Shire of Derby West Kimberley $2,685.89

Shire of Halls Creek: $0

Shire of Wyndham East Kimberley $2,997.19

Activities to be carried out in accordance with level of funding provided.

TO BE SIGNED BY: Participating Regional Local Government

Host Local Government

State Library

Participating Local Government

Signed on behalf of Shire of xxx:

Signed:

Name

Chief Executive Officer

Shire of xxx

Date:

Host Local Government

Signed on behalf of Shire of xxx:

Signed:

Name

Chief Executive Officer

Shire of xxx

Item 9.2.1 - APPLICATION FOR PLANNING APPROVAL -TOURIST DEVELOPMENT AND RESTUARANT - LOT 280 (NO. 22) HAMERSLEY STREET AND LOTS 3 AND 281 (NO. 2) ANNE STREET

Attachment No 3 - Planning Assessment Summary

Consideration

Relevant Clause

10.2 - Sub-Clause

Officer Comment

LAND USE

Scheme Aims

1.6

10.2 (a)

The application satisfies the following aims of the Scheme:

1.6.3 Prosperity

(a) Assisting employment and economic growth and providing opportunities for the establishment of businesses;

(b) Providing a range of tourist facilities and accommodation and protecting strategically important tourist sites.

Zoning / Reserve Purpose & Objectives

4.30-4.44

10.2 (a) & (g)

The subject site is zoned ‘Mixed Use’ and Clause 4.6.1 and 4.6.2 establishes the following purpose and objectives:

4.6.1 The purpose of the Mixed Use zone is to provide for residential, tourist, offices and other compatible uses which complement the mixed use character of the zone.

Control will be exercised over the nature of commercial uses and their site layout and design in order to minimise potential conflict with residential uses to ensure that designs respond to the key natural and built features of the area and responds to the local context in terms of bulk and scale. In particular a high level of visual amenity, security and privacy is to be ensured while noise disturbance will be minimised.

4.6.2 The objectives of the Mixed Use Zone are to:

(a) encourage a range of land uses, particularly office and tourist uses which support the functions of the nearby Town Centre Zone but which do not detract from the Town Centre Zone‘s role as the principal centre for retail and commercial activity; and

(b) encourage development in accordance with relevant development strategies and design guidelines.

The development is proposing to use the land for tourist development which will compliment the character of the zone. The development would not detract form the role of the Town Centre zone and is consistent with the adopted development strategies. It is therefore considered that the application is consistent with the purpose and objectives of the Mixed Use zone.

Structure Plans / LDPs / Special Control Areas

5.24 - 6.3

10.2 (a)

The subject site is not located within a Special Control Area and does not fall within a Structure Plan or LDP.

Permissibility

4.17-4.28

10.2 (a)

The development proposed on site is a ‘Tourist Development’ which has the following land use definition under LPS6:

“Tourist Development” means a building, or group of buildings forming a complex, designed for the accommodation of short-stay guests and which provides on-site facilities for the convenience of guests and for management of the development, where occupation by any person is limited to a maximum of three months in any 12 month period.

‘Tourist Development’ is a ‘P’ land use which means that the use is permitted.

Orderly and Proper Planning

LPS / Strategies

10.2 (b) & (e)

Local Planning Strategy

The subject site is identified as Mixed Use under the Local Planning Strategy. The Strategy provides the following strategic direction for development identified as Mixed Use:

The designation provides for a mixed land use areas for offices, medium density residential (R40) and tourist accommodation. Setbacks apply for all development to assist the compatibility between land uses and to provide a more open form or development between lots. Its location is central and accessible for the town and includes an existing mixed land use area.

The Strategy also identifies this site as falling within ‘Precinct 2 – Old Broome’, which provides the following strategic direction:

Precinct 2 will extend from south of Frederick Street to the Roebuck Bay Caravan Park and west to Herbert Street. Precinct 2 will also include the Demco residential subdivision. This area is under a process of change and includes some land zoned ‘Mixed Use’ under the local planning scheme with majority zoned ‘Residential’. The extension of commercial activities requires careful consideration to ensure development is undertaken in accordance with the Local Commercial Strategy.

Objective:

1) Establish Precinct 2 as a ‘Mixed Use’ area consisting of residential, tourist, and office uses in an open form of development that recognises the historic character of the area.

Guidelines:

· Prepare Development Strategies which consider the integration of retail, mixed use development and tourism and recreational values of the precinct.

· Implement the Development Strategies and design guidelines where necessary.

The Old Broome Development Strategy has been adopted to achieve the Guidelines and objectives as set out in the Strategy.

Old Broome Development Strategy

The subject site in the Strategy Plan is identified as falling within ‘Area D – Mixed Use Tourist/Residential’ and is also identified as a ‘Priority Active Frontage’ with the portion of the site on Hamersley Street being identified as ‘Nil setbacks’.

Part 4.1 of the OBDS establishes that ‘Tourist Development’ is a preferred land use within ‘Area D – Mixed Use Tourist/Residential’. Further a ‘Restaurant’ is identified as a preferred land use activity along priority active frontages. Therefore the application achieves the recommendations in the Strategy.

Part 4.4 Movement does identify an action stating that subject to the findings of a traffic and transport study the following should be investigated for implementation:

Open Anne Street at Hamersley Street and create a roundabout at the intersection of these roads with Carnarvon Street to signify the northern entry to the Bedford Memorial Park precinct.

Further figure 3 provides further direction on the movement network with the Figure showing parallel parking along the Hamersley Street portion of the site.

The application is consistent with the recommendations within the Old Broome Development Strategy.

DEVELOPMENT

Site and Development Requirements

4.29-4.44 & Schedule 15, 5.5-5.23

10.2 (a) & (w)

Clause 4.34.1 prescribes the following site and development requirements for the Mixed Use zone:

Site and Development Requirements:

(a) Development standards for both commercial and residential buildings shall be consistent with the desired future character as stated in the relevant local planning framework or, where no local planning framework is applicable shall be consistent with the style and character of existing development with the local context.

4.34.2 Tourist Development

(a) Tourist development is to be regarded as residential development and may be developed to a maximum density of the R40 Residential Design Code and Council will have regard to the relevant policy when considering such proposals.

As set out above, the development is consistent with the recommendations and provisions of the Old Broome Development Strategy, which is the detailed land use strategy which establishes the local planning framework for Precinct 2 under the Local Planning Strategy.

The development in terms of density and plot ratio is consistent within the R40 Residential Design Code.

6.1

Setbacks

Schedule 15 / OBDS

Schedule 15 – Development Standards – Mixed Use
	Scheme Requirement	Complies
Site Coverage (%)	50	64.18%
Plot Ratio	0.5	0.62 – variation proposed.
Front Setback	Standard to be set by the local government in each case having regard to the likely impact of a planning proposal on adjoining properties, the requirements of the Scheme in relation to the subject land.	Nil setback to portion of Anne Street is proposed, based on OBDS this is considered acceptable.
Secondary Street Setback		Setback varies from nil to the deck of the principle building and 1.3m to the accommodation units.
Rear Setback		The majority of the development is setback in excess of 12m. Portion of the managers quarters and bin store is proposing a nil setback.
Side Setback		12.6m with portion of the managers quarters being 1.5m from the boundary.
Special Conditions/Comments	Landscaping along street frontage within the road reserve is a requirement.	Will form a condition of the planning approval.
Building Height	10m wall height	9.6m, however due to fall in land Block B & C have a wall height of 10.3m.
Building Height	14m building height	12.2m
Service Areas	Provision for onsite storage areas, bin areas and general service areas for loading and unloading of goods to be screened from view of the street.	The site has been designed to allow for adequate manoeuvring of service vehicles and loading. Bin store has been provided which allows for storage and collection which is screened from view of the street.
Noise Control	Land uses which have the potential to generate significant noise level due to machinery, amplified music or announcements or any other ambient noise may be subject of condition which require an acoustic report to be prepared by the applicant and any noise attenuation controls recommended by the report to be implemented.	The land use is not likely to emit significant noise although ambient noise may be experienced due to the presence of the restaurant/bar, this type of noise is expected and consistent with the amenity which is to be expected in the Mixed Use zone. Further, this portion of use is citied away from near-by residents. Advice note setting out that the development must comply with the Environment Protection (Noise) Regulations 1997 is recommended.
Broome-style architecture	The building style of all buildings within the Scheme Area are to be low scale of building bulk and have regard for local climatic conditions and traditional architecture features, including a pitched roof, single and hipped rook, gables, colourbond roof, and predominant wall materials of colourbond or timber. Verandahs, shutters and similar features should be included in development to reduce solar penetration and increase access to prevailing breezes. Materials of concrete, brick and zincalume or rendered walls must be painted and/or treated to reduce the impact of thermal heat load.	The applicant has provided detailed justification for the design rational as set out in Attachment No 4. Overall is it is considered that the development would achieve a modern representation of Broome-style architecture. Materials and colours used are consistent with Broome-style and the design has had significant regard to facilitate outdoor entertainment and climate responsive design. The buildings are mono-skillion which is representative of more recent constructions including the Oakes and the Broome Visitors Centre. Further the building has been designed to incorporate louvers to act as shading devices and also as a visual break line to reduce building bulk and soften the building in the streetscape.
Access	Where development is proposed that requires access to roads under the control of local government the local government may control the location, number, size and construction standards of local roads. Controlled access will apply to arterial roads shown on the Scheme Maps.	The roads adjoining the site are not shown as arterial roads on the Scheme Maps. The access proposed has been reviewed and no concerns are raised with regard to the proposed design of the vehicle access points.
Public Art	In accordance with LPP 8.20 – Provision of Public Art development is required to contribute a monetary amount equal to one per cent (1%) of the estimated total construction costs as indicated on the application for planning approval, for the development of public art work to enhance the public realm.	The estimated construction cost is $16 million, therefore a contribution of $160,000 would be applicable. A condition of approval is recommended to address this.
Parking	Land within the Scheme Area shall not be used or developed for any purposes unless car parking bays, bicycle racks and motorcycle bays are provided on site in accordance with Schedule 16. Landscaping of external parking areas to reduce the heat retention of paved areas is to include landscaping in the form of shade treets at the rate of every 4 consecutive bays or 12m, which ever is the lesser.	155 bays are required to support the development. The applicant is proposing the construction of 94 bays (77 onsite and 18 within the adjacent road reserve). The applicant has not submitted a detailed landscaping plan and this will form a condition of approval.
Landscaping	When considering an application, the local government is to determine whether any tree has landscape significance and should be retained. A landscaping plan which details the retention of existing tree/s and proposed landscaping on site and within the abutting road reserve may be required as a condition of planning approval for developments.	Environment Policy 4.4.9 – Significant Tree register provides direction on tree which have recognised significance which does not identify any trees for this site. There are two large trees which exist on site which would need to be removed as a part of this development. These species are not considered to have landscape significance that requires retention. Condition of approval is recommended in regards to landscaping of the site.

6.2

Plot Ratio

Schedule 15 / OBDS

6.3

Site Coverage

Schedule 15 / OBDS

6.6

Density

Schedule 15 / OBDS

6.5

Landscaping

5.14/Schedule 15

6.5

Building Height

5.11

6.7

Car Parking

5.7

6.8

Service Areas

5.8

6.9

Noise

5.9

6.10

Architecture

5.12

6.11

Public Art

LPP 8.20

6.12

Access

5.10

Compatibility

Compatibility, Amenity and Relationship with Adjoining Land

Consider Site and Development requirements

10.2 (i), (n), (o)

The subject development is proposed in an area that is already developed for mixed use purposes, therefore from a land use perspective it is considered compatible with the amenity of the adjoining area. The development will be is a scale that does not exist in the immediate vicinity which is predominantly single storey development along Hamersley Street. However, the building height proposed is consistent with the Scheme provisions and is compatible with the type of development to be expected in a Mixed Use zone. Further the development would be similar in scale to other tourist development in the Old Broome precinct being the Mecure and Oakes.

The site is not listed on the Shire’s Municipal Inventory and is therefore not considered to have an impact upon heritage.

The subject site is not known to have any cultural significance and standard advice notes in this regard would be recommended for incorporation into the approval.

The subject development is unlikely to result in a loss in community services or social issues. As the development will active the portion of Anne Street it is likely to achieve a position outcome from a Crime Prevention through Environmental Design perspective.

The development is proposed on a lot which is already cleared of native vegetation. Detailed technical drawings would be provided with regard to the drainage system.

Given the RL level of the site, is it not likely to be affected by inundation. The building will be designed in accordance with the BCA for cyclonic conditions. The site is unlikely to be designated as bush fire prone given the predominant development nature of surrounding properties.

The design of the site has provided appropriate access and movement of traffic to and from the site.

The site has adequate access to public utilities to support this development.

The application is a ‘P’ land use. In accordance with LPP 8.23 – Public Consultation – Planning Matter, the application does not require public consultation. The Shire has undertaken consultation with the Department of Lands with regard to Council’s concerns over the deck over the road reserve.

Heritage

Part 7

10.2(h)

Cultural Significance

10.2(k)

Social Issues and Community Services

10.2(j) & (z)

Natural Environment & Drainage

10.2 (d) (l) & (y)

Natural Hazards

10.2(m)

Access and Traffic

10.2 (p), (q), (r), (s), (u) & (v)

Public Utilities

10.2(t)

Consultation

Submissions & Anything Else

9.4

10.2 (aa),(bb) (dd) & (ee)

Item 9.4.2 - May 2015 Financial Activity Report

Sch 2-16 General Fund Summary of Financial Activity May 2015

Item 9.4.3 - CONTRACT ANIMAL MANAGEMENT SERVICES

RFT Animal Management Services 25 June 2015

1 Principals request

1.1 contract requirements in brief

The Shire of Broome is seeking an appropriately qualified person to act as a to operate an animal management facility in accordance with the provisions of the Dog Act 1976, Cat Act 2011 and Local Government (Miscellaneous Provisions) Act 1960 and all associated regulations and Local Laws adopted by the Shire of Broome.

The preferred proponent will be required to accept responsibility under the relevant legislation and required to familiarise, administer and comply with all requirements of the legislation. This will include appointment of Authorised Person(s) and registration Officer(s) under the Acts with powers to detain, transfer and destroy animals in accordance with relevant provisions. This relates only to the delivery of animals to the animal management facility and not to any other activity within public thoroughfares.

The animal management facility must have sufficient capacity to hold on average 15 – 20 dogs, 20 cats and sufficient room for hoofed animals at any one time which have been detained (This maybe at an alternative location in or close to the Townsite). It must be demonstrated the facility also has appropriate temporary overflow space for dogs and cats detention for special operations completed by Shire Rangers which may result in heightened detention in short periods. It is also expected to be able to support the Broome community in time of emergencies and be part of the Shire of Broome Animal Emergency Management Plan. It is expected timing for such operations would be negotiated with the management facility operator to ensure overflow would be available.

A full statement of the requirements required under the Contract appears in the Specification – Part 3.

1.2 tender documents

This Request for Tender is comprised of the following parts:

(a) Part 1 – Principal’s Request;

(b) Part 2 – Conditions of Tendering;

(d) Part 4 – General conditions of Contract; and

(e) Part 5 – Tenderer’s Offer

1.3 definitions

Below is a summary of some of the important defined terms used in this Request:

Attachments:	The documents you attach as part of your Tender.
Australian Standard (AS)	Refers to the latest revision, including any applicable amendments, of the quoted standard document.
Contractor:	Means the person or persons, corporation or corporations whose Tender is accepted by the Principal, and includes the executors or administrators, successors and assigns of such person or persons, corporation or corporations.
Deadline:	3:00pm (WST) xxxxxxxx 2015.
Offer:	Your offer to be selected to supply the Requirements.
Principal:	The Local Government known as the Shire of Broome.
Request for Tender or RFT:	This document.
Requirements:	The goods and/or services requested by the Principal.
Selection Criteria:	The criteria used by the Principal in evaluating your Tender.
Specification:	The statement of Requirements that the Principal requests you to provide if selected.
Tender:	Completed Offer form, response to the Selection Criteria and Attachments.
Tenderer:	Someone who has or intends to submit an Offer to the Principal.
Tender Period:	The time between advertising the Request and the deadline.
Works or Services:	Both mean the requirements, services, or the whole of the work to be carried out and completed under the Contract including variations.

1.4 contact person

Tenderers should not rely on any information provided by any person(s) other than those listed below:

RFT and Project Enquiries
Name:
Telephone:
Email:
RFT Requests
Shire of Broome Administration	9191 3456

1.5 evaluation process

This is a Request for Tender (RFT).

Your Tender will be evaluated using information provided in your Tender.

The following evaluation methodology will be used in respect of this Request:

(a) Tenders are checked for completeness and compliance. Tenders that do not contain all information requested (e.g. completed Offer form and Attachments) may be excluded from evaluation.

(b) Tenders are assessed against the Selection Criteria.

(c) The most suitable Tenderers may be short listed and may also be required to clarify their Tender. Referees may also be contacted prior to the selection of the successful Tenderer.

A Contract may then be awarded to the Tenderer whose Tender is considered the most advantageous Tender to the Principal.

1.6 Selection criteria

The Contract may be awarded to a Tenderer or Tenderers who best demonstrate the ability to provide quality products and/or services at a competitive price. The tendered prices will be assessed together with qualitative and compliance criteria to determine the most advantageous outcome to the Principal.

The Principal has adopted a best value for money approach to this Request.

This means that, although price is considered, the Tender containing the lowest price will not necessarily be accepted, nor will the Tender ranked the highest on the qualitative criteria.

A scoring system will be used as part of the assessment of the qualitative criteria.

In determining the most advantageous Tender, an Evaluation Panel will score each Tenderer against the qualitative criteria. Each criterion will be weighted to indicate the relative degree of importance that the Principal places on the technical aspects of the Requirements being purchased.

NOTE: It is essential that Tenderers address each qualitative criterion. Information that you provide addressing each qualitative criterion will be point scored by the Evaluation Panel.

Failure to provide the specified information may result in elimination from the tender evaluation process or a low score.

1.6.1 compliance criteria

These criteria will not be point scored. Each Tender will be assessed on a Yes/No basis as to whether the criterion is satisfactorily met. An assessment of “No” against any criterion may eliminate the Tender from consideration.

Description of Compliance Criteria

1. Compliance with the Conditions of Tendering and submit complete Offer Form.

2. Compliance with Specification.

3. Compliance with the Delivery Date.

4. Submit a complete Pricing Schedule in the format supplied in Part 5.

5. Submit insurance details meeting the requirements of the Request.

6. Corporate Information

· Submit corporate information in the format supplied in Part 5.

· Advise if agent or a trust for another party.

· Referees and contact details (minimum of three).

7. Financial Position

· Tenderer to confirm ability to pay all debts in full as and when they fall due.

· Advise of any current litigation as a result of which you may be liable for $50,000 or more.

8. Conflict of Interest

· Will any actual or potential conflict of interest in the performance of your obligations under the Contract exist if you are awarded the Contract, or are any such conflicts of interest likely to arise during the Contract?

1.6.2 Qualitative Criteria

Before responding to the following qualitative criteria, Tenderers must note the following:

· All information relevant to your answers to each criterion are to be contained within your Tender;

· Tenderers are to assume that the Evaluation Panel has no previous knowledge of your organisation, its activities or experience;

· Tenderers are to provide full details for any claims, statements or examples used to address the qualitative criteria; and

· Tenderers are to address each issue outlined within a qualitative criterion.

A) Organisation’s Capability and Experience

Describe your experience in completing/supplying similar requirements. Tenderers must as a minimum address the following information in an attachment and label it “Organisation’s Capability and Experience”:

(a) Provide details of similar work.

(b) Provide scope of the Tenderer’s involvement including details of outcomes.

(d) Demonstrate sound judgement and discretion.

(e) Demonstrate competency and proven track record of achieving outcomes.

Weighting

20%

“Organisation’s Capability and Experience”

B) Capability and Experience of Key Personnel

Tenderers must provide as a minimum the following information of proposed personnel in an attachment and label it “Capability and Experience of Key Personnel”:

(a) Their role in the performance of the Contract.

(b) Curriculum vitae.

(d) Qualifications, with particular emphasis on experience of personnel in projects of a similar requirement.

(e) Any additional information.

(f) Provide details of similar work (including for other organisations).

Weighting

20%

“Capability and Experience of Key Personnel”

C) Demonstrated Understanding

Tenderers must address the following information in an attachment and label it “Demonstrated Understanding”:

(a) A detailed methodology demonstrating the methods for delivery of the key deliverables outlined in Part 3.

(b) A Project Management Plan including performance indicators, tasks and dates for delivery.

(d) A thorough understanding of the scope of works relating to coastal vulnerability assessments.

Weighting

30%

“Demonstrated Understanding”

E) Price

The tendered price(s) will be considered along with related factors affecting the total cost to the Principal.

Tenderers must provide a fixed price and submit completed the Price Schedule contained with the Part 5 and label it “Price”.

Weighting

30%

“Price”

1.7 price basis

FIXED PRICES

All prices/rates offered under this Request are to be fixed for the term of the Contract. Tendered prices/rates must include Goods and Services Tax (GST).

Unless otherwise indicated prices/rates tendered must include all applicable levies, duties, taxes and charges. Any charge not stated in the Tender, as being additional will not be allowed as a charge for any transaction under any resultant Contract.

VALUE CONSIDERATIONS

Once the Tenders have been ranked, the Evaluation Panel will make a recommendation to the Principal to determine which is the most advantageous and value for money.

2 conditions of tendering

2.1 lodgement of tenders and delivery method

The Tender must be lodged by the Deadline.

The Tender is to be:

(a) Placed in a sealed envelope clearly endorsed with the Tender number and title as shown on the front cover of this Request; and

(b) Delivered by hand and placed in the Tender Box at the Shire Administration Building on Weld Street, Broome WA 6725 (by the Tenderer or the Tenderer’s private agent); or

(c) Sent through the mail to the Chief Executive Officer 27 Weld Street Broome WA 6725. Tenders mailed to the Town’s postal address are not considered lodged until such time as they are placed in the Tender Box. It is the Tenderer’s responsibility to ensure Tenders mailed to the address arrive in time so they can be collected and placed in the Tender Box.

Electronic mail Tenders will not be accepted. Tenderers submitting by facsimile shall obtain written permission from the Chief Executive Officer of the Shire of Broome.

Tenderers must ensure that they have provided 3 (three) signed copies of their Tender. One to be marked “ORIGINAL” the other 2 (two) to be marked “COPY”. Any brochures or pamphlets must be attached to both the original and the copies.

The “ORIGINAL” must be unbound and clipped (not stapled) and the other 2 (two) marked “COPY” must be bound. All pages must be numbered consecutively and the Tender must include an index.

Tenderers shall also provide either a CD or flash drive containing all provided Tender documents.

2.2 rejection of tenderS

A Tender will be rejected without consideration of its merits in the event that:

(a) It is not submitted before the Deadline; or

(b) It is not submitted at the place specified in the Request; or

2.3 acceptance of tenders

Unless otherwise stated in this Request, Tenders may be for all or part of the Requirements and may be accepted by the Principal either wholly or in part. The Principal is not bound to accept the lowest Tender and may reject any or all Tenders submitted.

2.4 disclosure of contract information

Documents and other information relevant to the Contract may be disclosed when required by law under the Freedom of Information Act 1992 or under a Court order.

All Tenderers will be given particulars of the successful Tenderer(s) or advising that no Tender was accepted.

2.5 Alternative Tenders

All Alternative Tenders MUST be accompanied by a conforming Tender.

Tenders submitted as Alternative Tenders or made subject to conditions other than those stated in this Request must in all cases arising be clearly marked “ALTERNATIVE TENDER”.

The Principal may in its absolute discretion reject any Alternative Tender as invalid.

2.6 regional PRICE preference

Tenderers for these works may be afforded a preference in accordance with Regulation 24A-G of the Local Government (Functions and General) Regulations and the Shire of Broome Regional Price Preference Policy.

2.7 precedence of documents

In the event of there being any conflict or inconsistency between the terms and conditions in this Request and those in the General Conditions of Contract, the terms and conditions appearing in this Request shall have precedence.

Should a conflict become apparent between any clauses contained within this Request, then the provisions of the Schedule(s), followed by the Specifications, Annexure and the General Conditions of Contract shall have precedence in that exact order.

2.8 Tenderers to inform themselves

Tenderers will be deemed to have:

(a) Examined the Request and any other information available in writing to Tenderers for the purpose of tendering.

(b) examined all further information relevant to the risks, contingencies, and other circumstances having an effect on their Tender which is obtainable by the making of reasonable enquires.

(c) Satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices which will be deemed to cover the cost of complying with all the Conditions of Tendering and of all matters and things necessary for the due and proper performance and completion of the work described therein.

(d) Acknowledged that the Principal may enter into negotiations with a chosen Tenderer and that negotiations are to be carried out in good faith.

(e) Satisfied themselves they have a full set of the Request documents and all relevant attachments.

2.9 alterations

The Tenderer must not alter or add to the Request documents unless required by these Conditions of Tendering.

The Principal will issue an addendum to all registered Tenderers where matters of significance make it necessary to amend or supplement the issued Request documents before the Deadline.

2.10 risk assessment

The Principal may have access to and give consideration to:

(a) Any risk assessment undertaken by any credit rating agency.

(b) Any information produced by the Bank, financial institution, or accountant of a Tenderer.

2.11 ownership of tenders

All documents, materials, articles and information submitted by the Tenderer as part of or in support of a Tender will become upon submission the absolute property of the Principal and will not be returned to the Tenderer at the conclusion of the Tender process provided that the Tenderer be entitled to retain copyright and other intellectual property rights therein, unless otherwise provided by the Contract.

2.12 canvassing

If a Tenderer, whether personally or by an agent, canvasses any of the Principal’s Commissioners or Councillors (as the case may be) or Officers or agents or Principal’s Representatives with a view to influencing the acceptance of any Respondent, then regardless of such canvassing having any influence on the acceptance of such Submission, the Principal may at its discretion omit the Respondent from consideration.

2.13 identity of the Tenderer

The identity of the Tenderer and the Contractor is fundamental to the Principal. The Tenderer will be the person, persons, corporation or corporations named as the Tenderer and whose execution appears on the Offer Form in the prescribed format within the Tenderers Offer of this Request. Upon acceptance of the Tender, the Tenderer will become the Contractor.

2.14 COSTS OF TENDERING

The Principal will not be liable for payment to the Tenderer for any costs, losses or expenses incurred by the Tenderer in preparing their offer.

2.15 TENDER OPENING

All Tenderers and members of the public may attend or be represented at the opening of Tenders.

The names of the persons who submitted a Tender by the due deadline will be read out at the tender opening. No discussions will be entered into between Tenderers and the Principal’s officers present or otherwise, concerning the Tenders submitted.

The Tender opening will be held on as soon as practicable after the Deadline.

2.16 in-house tenders

The Principal does not intend to submit an in-house Tender.

3 SPECIFICATIONS

3.1 INTRODUCTION

The Shire of Broome is seeking an appropriately qualified person to act as and to operate an animal management facility in accordance with the provisions of the Dog Act 1976, Cat Act 2011 and Local Government (Miscellaneous Provisions) Act 1960 and all associated regulations and Local Laws adopted by the Shire of Broome.

3.2 SCOPE OF WORKS

The Scope of works for this project has been structured in 5 key areas. To understand the requirements the Shire highlights it process for the seizure/detainment of animals in accordance with the provision of the relevant Acts.

The current level of service reflects approximately 550 dogs and 250 cats being impounded per year (ten (10) dogs and five (5) cats weekly). Of this number it is estimated that; 40% of the dogs are returned to their owners, 40% rehomed through SAFE and 20% euthanasia. With cats 805 are being euthanasia and 20% rehomed (SAFE).

With regards registration the Shire has currently; dogs annual license 935, 3 year license 699 and life time 134 a total of 1,768 dogs and 71 cats registered. We believe as compliance and enforcement is increased, particularly with the Cat Act becoming effective, these numbers will increase.

With regards to our current fee schedules these are as per the Shire of Broome website and set annually by the Council, or are statue fixed.

General process for seizure/detention of an animal

Item 9.4.3 - CONTRACT ANIMAL MANAGEMENT SERVICES

RFT Animal Management Services 25 June 2015

Respondents will need to demonstrate a comprehension of the process articulated above and highlight how they propose work within it.

3.2.1 Legislative powers

3.2.2 Facility

The animal management facility must have sufficient capacity to hold on average 15 – 20 dogs, 20 cats and sufficient room for hoofed animals at any one time which have been detained. It must be demonstrated the facility also has appropriate temporary overflow space for dog and cat detention for special operations completed by Shire Rangers which may result in heightened detention in short periods. It is expected timing for such operations would be negotiated with the management facility operator to ensure overflow would be available.

3.2.3 Disposal of destroyed animals

The proponent will be responsible for the storage of any destroyed animal and their disposal.

3.2.4 De-sexing

The proponent will also be responsible for the management of registration, microchipping and de-sexing of animals in accordance with all relevant provisions of the legislation including the keeping of records and completion of forms.

3.2.5 Administration

All fees and charges associated with administering the animal management facility will be the responsibility of the approved operator to ensure payment. The Shire of Broome anticipates record keeping and taking of fees will be completed within the Shire records and financial and records keeping system through a secure arrangement negotiated with the preferred proponent. (This will involve access to the Shire’s SYNERGYSOFT and relevant modules – pound, registration).

The expectation is that the animal management service will operate as a one stop shop for domestic animals for the Shire of Broome. This will include registering animals and the full management of the facility and process from receiving seized animals from the Shire Rangers or directly surrendered by the public through to the release of the animal to the owners, animal fostering/rehousing organisation or euthanasia and disposal.

There will be the requirement to handle money on the Shire’s behalf, which includes receiving impounding fees, registration fees and administering the 50 rebate for desexing.

There will be a requirement for monthly reporting to the Shire on registration of animals, and activities of the animal management facilities. The focus of the Shires domestic animal management strategy is to ensure the community expectations that their safety and wellbeing is addressed through an environment that promotes responsible animal ownership and an environment free from animal attack or uncontrolled animals within the environ. The expectation of the animal management facility is that maximum attempt to rehouse animals, not euthanasia.

3.3 KEY DELIVERABLES

The following table summarises the Key requirements for the service:

	Key Requirements
1	Legislative compliance
1a	Proponents must demonstrate a strong understanding of the relevant legalisation which affects the operation and management of an animal management facility.
1b	Proponents must confirm they are willing to take on responsibility of such requirements in accordance with the provisions of the relevant legislation.
1c	The proponent must be able to substantiate they are legislatively permitted to carry out all activities related with the operation of the facility including de-sexing, microchipping and destruction of animals.
2	Facility
2a	Proponents must be able to demonstrate they are able to provide a facility sufficient in size and scale as per the brief outlined.
2b	It must be demonstrated that the facility meet best practice animal welfare guidelines.
3	Experience
3a	Proponents must demonstrate they have previous experience in the operation and management of a similar facility.
3b	Senior staff who will be responsible for the day-to-day management of the facility shall be identified with their nominated responsibility/ies associated with the operation of the facility.
4	Fees
4a	A fixed annual fee for the overall operation of the animal management facility.
4b	Fee p/animal for destruction.
4c	An annual fee to administer and manage registration/ reregistration of animals.

4 general CONDITIONS OF CONTRACT

The general conditions of contract are to be read in conjunction with the Part 2 and Part 3 of this RFT as well as AS4122 - 2010 General Conditions of Contract for Consultants (AS 4122 - 2010). It is the Tenderers responsibility to ensure they have read and understood AS 4122-2010.

The following information shall be used to formalise annexure Part A to AS 4122-2010 (Annexure). The Annexure on completion and execution forms part of the formal contract documentation.

4.1 Period of contract and termination

The Contract shall be in force for the period of two (2) year commencing the date the Principal executes the Annexure.

The period of the contract may be extended by a further two (2) years with the mutual agreement of both parties in writing one month prior to the conclusion of the first period of the contract.

In the event of the Contractor failing in any manner to carry out the Contract to the Principal’s satisfaction, the Principal may forthwith determine the Contract by written notice to the Contractor.

4.2 Payment

The fee payable by the Principal to the Contractor for the provision of the Services shall be as per the price schedule contained within the Tenderers Offer as determined by the Principal. The expectation is that a fee per cat/dog impounded is charged which is offset by the money received from impound fees received on release of cats/dogs to owners. The difference between the charge per animal and income is the charge to Council.

Invoices accompanied by the monthly statistics (number animals impounded, number animals rehomed, number animals euthanized, number animals returned to owners, number animals desexed, impound fees received)

4.3 Insurance and Liability

Without limiting its obligations and responsibilities, the Contractor shall take out insurance for the entire Contract period for the following:

Public Liability	$10,000,000
Professional Indemnity	$10,000,000

The Contractor is to provide the Principle with Certificates of Currency and/or a copy of the Policy wording confirming as laid down within the tender document (if not mentioned, within seven (7) days) that the above Insurance policies are in place for the entire Contract period.

The Contractor at the discretion of the Principle may be required to provide the Principle with a Risk Management Plan relating to the Contract in accordance with AS/NZS 4360-2004 Risk Management.

The Contractor at the discretion of the Principle may be required to detail the Principle as a Joint Named Insured under some or all of the Insurances detailed and/or detail the Principles Interest by way of notation on Certificates of Currency.

The parties indemnify and save harmless each other, their directors, employees and agents from and against all claims, actions, suits, proceedings, causes of action, damages, losses, demands, moneys, costs and expenses (including legal costs) arising or incurred by each other directly or indirectly in connection with this Contract or any willful or negligent act, omission or misconduct by the other party, or its directors, employees or agents, or with any breach or non-performance of the obligations of the other party under this agreement.

4.4 publicity

The Contractor shall not issue any information, publication, document or article for publication in any media which includes details of the work under the Contract without the written approval of the Principal.

5 Tenderer’s OFFER

5.1 offer form

The Chief Executive Officer

Shire of Broome

27 Weld Street, Broome WA 6725

I/We

(BLOCK LETTERS)

(ADDRESS)

ABN/GST Status ________________________________ACN (if any)

Telephone No: __________________________________Facsimile No:

E-mail (if any):

In response to RFT xxx/xxx Animal Management Services:

I/We agree that I am/We are bound by, and will comply with this Request and its associated schedules, attachments, all in accordance with the Conditions of Tendering contained in this Request signed and completed.

I/We agree that there will be no cost payable by the Principal towards the preparation or submission of this Tender irrespective of its outcome.

The tendered consideration is as provided under the schedule of rates of prices in the prescribed format and submitted with this Tender.

In accordance with the Request supplied to me/us for the purpose of tendering hereby offer the price schedule attached.

Dated this __________ day of ______________________20___

Signature of authorised signatory of Tenderer:

Name of authorised signatory (BLOCK LETTERS):

Position:

Address:

Witness Signature:

Name of witness: (BLOCK LETTERS):

Address:

5.2 corporate information

REGISTERED BUSINESS NAME: ________________________________

A.B.N NUMBER ________________________________

TRADING NAME: ________________________________

REGISTERED BUSINESS ADDRESS: ________________________________

________________________________

POSTAL ADDRESS: ________________________________

________________________________

TELEPHONE NO: ________________________________

FACSIMILE NO: ________________________________

NAME & POSITION OF DIRECTORS ________________________________

AUTHORISED TO ACT ON BEHALF

OF TENDERER ________________________________

CONTACT PERSON(S) ________________________________

5.3

5.4 compliance criteria

Please select with a ‘Yes’ or ‘No’ whether you have complied with the following compliance criteria:

Description of Compliance Criteria
9. Compliance with the Conditions of Tendering and submit complete Offer Form.	Yes / No
10. Compliance with Specification.	Yes / No
11. Compliance with the Delivery Date.	Yes / No
12. Submit a complete Pricing Schedule in the format supplied in Part 5.	Yes / No
13. Submit insurance details meeting the requirements of the Request.	Yes / No
14. Corporate Information · Submit corporate information in the format supplied in Part 5. · Advise if agent or a trust for another party. · Referees and contact details (minimum of three).	Yes / No
15. Financial Position · Tenderer to confirm ability to pay all debts in full as and when they fall due. · Advise of any current litigation as a result of which you may be liable for $50,000 or more.	Yes / No
16. Conflict of Interest · Will any actual or potential conflict of interest in the performance of your obligations under the Contract exist if you are awarded the Contract, or are any such conflicts of interest likely to arise during the Contract?	Yes / No

5.5 PRICE and price SCHEDULE

The following price schedule shall be completed and submitted with the Tender’s Offer. Any disbursements shall be identified and listed under the specific key deliverable below.

	Key Requirements	Cost
1	Legislative compliance
1a	Proponents must demonstrate a strong understanding of the relevant legalisation which affects the operation and management of an animal management facility.
1b	Proponents must confirm they are willing to take on responsibility of such requirements in accordance with the provisions of the relevant legislation.
1c	The proponent must be able to substantiate they are legislatively permitted to carry out all activities related with the operation of the facility including de-sexing, microchipping and destruction of animals.
2	Facility
2a	Proponents must be able to demonstrate they are able to provide a facility sufficient in size and scale as per the brief outlined.
2b	It must be demonstrated that the facility meet best practice animal welfare guidelines.
3	Experience
3a	Proponents must demonstrate they have previous experience in the operation and management of a similar facility.
3b	Senior staff who will be responsible for the day-to-day management of the facility shall be identified with their nominated responsibility/ies associated with the operation of the facility.
4	Fees
4a	A fixed annual fee for the overall operation of the animal management facility.
4b	Fee p/animal for destruction.
4c	An annual fee to administer and manage registration/ reregistration of animals.

Tenderers shall also provide a schedule of rates for each personnel listed as part of the project team:

Position	$/hour

5.5.1 discounts

Are you prepared to allow a discount for prompt settlement of accounts?	Yes / No
If you are offering different discounts for different periods, or other discounts such as volume discounts, detail them in an attachment labelled “Discounts”.	“Discounts”

Item 10.2 - MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE 3 JUNE 2015

Attachment 1 - Minutes of the Broome Cemetery Advisory Committee held 3 June 2015

5. Reports of Officers

5.1 Burial Statistics

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CTE39

AUTHOR: Senior Administration and Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 26 May 2015

SUMMARY: This report provides a summary of burial information at the Broome Cemetery for the period 2 April – 3 June 2015.

BACKGROUND

Previous Considerations

The Broome Cemetery Advisory Committee (BCAC) have historically been provided with burial information on a bi-monthly basis. This information provides a statistical overview of the numbers of burials within the Broome Cemetery and also cemeteries located in surrounding Aboriginal communities within the Shire of Broome.

COMMENT

For the period 2 April 2015 – 3 June 2015 the following burials have occurred:

Broome Cemetery – 4

Lombadina Cemetery – 2

Bidyadanga Cemetery – 1

Beagle Bay Cemetery – 1

Ladjardarr Bay Cemetery – 0

Ardyaloon (One Arm Point) Cemetery - 0

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Shire of Broome sets fees and charges relating to the Cemetery including Grant of Right of Burial, Pre-Purchase of Land and Plot Reservations.

STRATEGIC IMPLICATIONS

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

Accessible and safe community spaces

A healthy and safe environment

High level social capital that increases community capacity

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

Affordable and equitable services and infrastructure

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

COMMITTEE RECOMMENDATION:

Moved: Ms J Young Seconded: Ms J Bin Omar

That the Broome Cemetery Advisory Committee notes the Burial Status Report for the period 2 April to 3 June inclusive.

CARRIED UNANIMOUSLY 4/0

Attachments

Nil

Item 10.2 - MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE 3 JUNE 2015

Attachment 1 - Minutes of the Broome Cemetery Advisory Committee held 3 June 2015

5.2 Cemeteries Financial Report

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CTE39

AUTHOR: Senior Administration and Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 26 May 2015

SUMMARY: This report provides an update of the cemetery financial report as at 26 May 2015.

BACKGROUND

Previous Considerations

The Broome Cemetery Advisory Committee (BCAC) have historically been provided with a copy of the Cemeteries Financial Report on a bimonthly basis. This report provides an update of the status of the Capital and Operating Income and Expenditure related to the Broome Cemetery.

COMMENT

Attachment 1 indicates that overall Operating Income and Expenditure is tracking well to 30 June 2015. It is noted that the Engineering Office time allocation is slightly over original budget estimates due to work undertaken on master planning for the Cemetery and in-house survey work undertaken.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC IMPLICATIONS

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

Effective communication

Accessible and safe community spaces

A healthy and safe environment

High level social capital that increases community capacity

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

Affordable and equitable services and infrastructure

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Ms C Masuda entered the meeting at 4.15pm.

COMMITTEE RECOMMENDATION:

Moved: Mr R Crook Seconded: Cr G Campbell

That the Broome Cemetery Advisory Committee notes the Cemeteries Financial Report as at 26 May 2015 as attached.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Cemeteries Financial Report as at 26 May 2015

[1] RLib – Regional Librarian; LO – Library Officer assisting Regional Librarian

[2] Labour costed on the basis of salary plus 23.5% on-cost. 1,300 workable hours in a year. RLib: $73.85/hr. LO: $ 45.76/hr (inclusive of on-costs)

[4] These are suggested performance measures relevant to particular activities in this Activity Plan. Ongoing assessment of the progress of the library service, for continuous improvement, should also be monitored by standard measures such as membership level in local population, visits to libraries (physical visits/door counts) and virtual (website) visits, loans and collection usage, number of and attendance at programmed activities, and customer satisfaction; much of this data is routinely collected or reportable from library management systems.

Request for Tender	Animal Management Services

Deadline:

Address for Delivery:	Chief Executive Officer Shire of Broome 27 weld Street. Broome 6725 WA. (electronic mail tenders will not be accepted)

RFT Number: