Minutes of Ordinary Meeting

Minutes – Ordinary Meeting of Council 15 October 2015 Page 3 of 4

Councillor		Cr G Campbell	Cr J Bloom	Cr H Tracey	Cr D Male	Cr M Manado	Cr C Mitchell	Cr A Poelina	Cr M Lewis	Cr P Matsumoto
2013	21 November									LOA
	19 December
2014	27 February							LOA
	27 March – No quorum	A		LOA		LOA		LOA	NA	NA
	31 March			LOA
	24 April								A
	22 May		LOA	LOA				LOA		LOA
	26 June									LOA
	24 July							LOA	A
	28 August						LOA
	25 September					A			A
	23 October		Resigned 16/10/14					LOA	A
	27 November
	18 December			A					A
2015	26 February					LOA
	26 March
	30 April
	28 May				LOA	A
	25 June					A
	30 July					LOA
	27 August					LOA
	24 September (adjourned)						LOA	LOA
	15 October

· *LOA (Leave of Absence)*	· *NA (Non Attendance)*
· *A (Apologies)*

2.25. Disqualification for failure to attend meetings

(1) A council may, by resolution, grant leave of absence, to a member.

(2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

(3A) Leave is not to be granted in respect of —

(a) a meeting that has concluded; or

(b) the part of a meeting before the granting of leave.

(3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

(4) A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

(5A) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

(5) The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

(a) if no meeting of the council at which a quorum is present is actually held on that day; or

(b) if the non‑attendance occurs —

(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or

(iiia) while the member is suspended under section 5.117(1)(a)(iv); or

(iii) while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.

(6) A member who before the commencement of the Local Government Amendment Act 2009 section 5¹ was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

[Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]

Minutes – Ordinary Meeting of Council 15 October 2015 Page 15 of 16

9.1.1 UPDATE ON THE DEVELOPMENT OF A YOUTH ENGAGEMENT FRAMEWORK FOR THE SHIRE OF BROOME

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: COS15

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 September 2015

SUMMARY: This report provides an update on the progress of the development of a Youth Engagement Framework for the Shire of Broome.

The report recommends that a Broome Youth Engagement Framework is developed to guide the Shire’s involvement in youth services. It is proposed the framework is supported by a Youth Action Plan which will be an operational document to guide allocation of resources and give direction on how the Shire can provide for and engage with its young people. It is recommended a Youth Advisory Council is established to oversee the development and ongoing implementation of the action plan.

BACKGROUND

Previous Considerations

OMC 20 June 2013 Item 9.1.1

OMC 27 February 2014 Item 9.1.2

OMC 27 August 2015 Item 9.4.2

At the OMC held 20 June 2013 Council considered a report outlining a framework to establish partnerships with youth services providers and agencies to engage with young people in Broome. Council resolved the following:

That Council:

1. Notes the development of a youth engagement strategy for the Shire of Broome; and

2. Requests the Foundation for Young Australians to lodge application for the delivery of its Change It Up Program, to the Shire of Broome Community Sponsorship Program.

An allocation of $25,000 was included in the 2014/15 budget for the development of a youth strategy for the Shire of Broome. In June 2014, The Department of Local Government and Communities (DLGC) awarded $40,000 from the Youth Friendly Communities Grants Program to the Regional Collaborative Group (the Zone) to develop a Kimberley Youth Strategy Stage 1 - Consultation. Plans to develop the Shire of Broome youth strategy were deferred to 2015/16 while officers contributed to the Kimberley Regional Youth Strategy project and awaited the outcomes of the consultation to guide development of a local Broome strategy.

At the 27 August OMC Council received and endorsed the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Regional Collaborative Group held on 3 August 2015. At this meeting the Zone was provided with an update on the Kimberley Youth Strategy project, and resolved the following:

8.10 Department of Local Government & Communities 2014 Grant Fund Expenditure – Kimberley Youth Strategy – Stage 1 Consultation

That the Kimberley Regional Group;

1. Receives the final Kimberley Youth Strategy Stage 1 – Consultation report, and

2. Notes the finalisation of the Department of Local Government and Communities 2014 Grant Funding for the development of the Kimberley Youth Strategy Stage 1 - Consultation.

3. The Consultants work closely with service agencies to ensure no duplication of findings.

8.11 Department of Local Government & Communities 2014 Grant Fund Expenditure – Kimberley Youth Strategy – Stage 2 Strategy and Action Plan

That the Kimberley Regional Group notes the progress of the Department of Local Government and Communities 2015 Grant Funding for the development of the Kimberley Youth Strategy Stage 2.

The consultation phase of the Kimberley Regional Youth Strategy project is now complete and funding for the implementation of the Kimberley Youth Strategy Stage 2 – Strategy and Action Plan was approved by DLGC. Each Shire within the Zone has been allocated a portion of the DLCG funding to develop a local youth strategy. The local strategies will inform the development of a Kimberley Regional Youth Strategy and Action Plan.

In December 2014, the Shire of Broome entered into a three year funding agreement with Rio Tinto for a 0.6 Youth Officer Position. This funding enables the Shire to make an increased contribution to youth services and programs in Broome and provides the human resource necessary for the establishment of a Youth Advisory Council (YAC) and development of a youth engagement framework and action plan for the Shire of Broome.

The development of a Broome youth engagement framework and action plan should also be considered in the context of other strategies recently developed and in progress within the region, including:

· West Kimberley Youth Sector Conference (WKYSC) Youth Strategy 2014 - 2016 (WKYSC Working Party 2014) and;

· West Kimberley Youth Strategy (Jawun Advisory Group – In progress)

It is the intent of Shire officers to collaborate with key stakeholders to maximise the use of data and findings from the work that has already been completed to avoid overlap and duplication of work completed to date.

COMMENT

The development of a youth engagement framework and action plan for the Shire of Broome will achieve the following objectives and outcomes:

Objectives

· Engage with young people in Broome and the youth sector

· Identify the priorities for young people in Broome

· Provide a clear strategic direction to inform and guide allocation of Shire resources

· Enable young people’s input into future development through active participation and involvement

Outcomes

· Encourage a collaborative approach to youth services in the region to increase efficiency and avoid service overlap

· Ensure Council’s strategic direction and resource allocation is aligned with community expectation and need

· Foster community engagement, particularly with young people

The project will result in several key outputs as detailed below:

Outputs

· Shire of Broome Youth Engagement Framework

· Youth Services Directory

· Shire of Broome Youth Action Plan

· Youth Advisory Council (YAC)

Youth Engagement Framework

Rather than creating a lengthy strategy document officers recommend the Shire of Broome develops a Youth Engagement Framework which will be a concise, strategic, outcomes based document. Much of the background, context and analysis that could be included in a strategy document will be contained in the Kimberley Regional Youth Strategy and therefore does not need to be duplicated. A succinct and direct document will also be more appealing and accessible to young people.

The framework will guide the Shire’s involvement in youth services by identifying important issues and priorities for young people in Broome based around key themes and topics. The framework will outline what is already happening in each area and explore opportunities for the Shire to contribute to better outcomes for young people.

Youth Services Directory

A community mapping exercise will document existing services for young people in Broome. The information collected will be used to compile a Youth Services Directory.

Youth Action Plan

Young people from the Broome community will be engaged to guide the development of a Youth Action Plan to support the priorities outlined in the Youth Engagement Framework. The action plan will be an operational document for the Shire of Broome to guide allocation of resources and give direction on how the Shire can provide for and engage with their young people. The action plan will also guide the activities and projects undertaken by the YAC.

Youth Advisory Council (YAC) and Youth Engagement

A Youth Advisory Council (YAC) will be established to direct the development and ongoing implementation of the Youth Action plan. The YAC will not be a formal Committee of Council, but rather an informal reference group. It is anticipated that the group will participate in some decision making as well as working with Shire officers to plan and implement youth projects, events and activities.

It is also proposed that a Regional Youth Forum is held in Broome as part of National Youth Week in April 2016. Broome has been selected by the Department of Local Government and Communities as the location for the WA regional launch of National Youth Week 2016. This is an exciting opportunity for young people in Broome and the Kimberley region to have their voices heard at the State level. A regional forum will facilitate knowledge sharing, networking and collaboration across the Kimberley region.

Outcomes from the regional forum will inform the development of the Broome Youth Action Plan and will be considered in the development of the Kimberley Regional Collaborative Group Youth Strategy and Action Plan.

Implementation Timetable

The Youth Engagement Framework is to be completed by 7 of December 2015, in line with the Kimberley Regional Collaborative Group’s timeframe for the development of a Kimberley Regional Youth Strategy and Action Plan.

It is proposed a YAC is established in February-March 2016 as this is a good time to engage with young people, particularly students, as they begin the school year and make their commitments for the year ahead.

The Kimberley Regional Youth Forum will be held as part of National Youth Week which will be held from 8 - 17 April 2016.

PHASE

DATE

Phase 1 – Review

Document Review, Community Mapping

October 2015

Phase 2 - Consult

Consultation with key stakeholders

October - November 2015

Phase 3 – Plan

Develop a Youth Strategy

7 December 2015

Phase 4 – Engage

Establish YAC

Regional Youth Forum

February – March 2016

April 2016

Phase 5 – Deliver

Develop Youth Action Plan

May 2016

CONSULTATION

Officers have consulted key stakeholders including Broome Senior High School, St Mary’s Secondary College and youth service providers to determine the timeline for the project. The overwhelming response is that young people are most likely to be successfully engaged during the early part of the year, before school balls, exams and Christmas holidays interfere with participation. This also allows teachers time to incorporate YAC activities within the school timetable.

Consultation for the development of a Broome Youth Engagement Framework will be carried out in line with the Shire of Broome’s Community Engagement Framework;

Complexity of the Issue: 3 Risk: 3

Level of engagement: Inform and Consult

Engagement Goals: To provide the public with balanced and objective information To assist them in understanding the problems, alternatives solutions

To obtain public feedback on analysis, alternatives and/or decisions.

The data and findings from the following existing consultations will be considered in the development of a Youth Engagement Framework:

· Kimberley Regional Collaborative Group Youth Strategy

· WKYSC Youth Strategy 2014-2016 (WKYSC Working Party 2014)

· WKYS Community Mapping Exercise

· Shire of Broome Community Perceptions Survey 2015

· Broome 2040 visioning process

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

A total of $38,500 is budgeted for the development of a youth engagement framework and action plan for the Shire of Broome.

An allocation of $25,000 has been included in the 2015-16 budget and a further $13,500 per Shire has been secured by the Kimberley Regional Collaborative Group from the Department of Local Government and Communities for the development of local youth strategies for each of the Shires within the Kimberley Zone of WALGA.

RISK

Youth services are currently a high profile issue for the Shire of Broome. According to the Community Perceptions Survey completed this year, youth services are a high priority for the Broome community.

The development of a youth engagement framework and implementation of a youth action plan as outlined above will assist the Shire to address community expectations for youth services.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

High level social capital that increases community capacity

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:

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr H Tracey

That Council:

1. Notes the Shire of Broome’s contribution to the development of the Kimberley Regional Collaborative Group Youth Strategy.

2. Endorses the development of a Broome Youth Engagement Framework and Broome Youth Action Plan.

3. Requests the Chief Executive Officer to develop Terms of Reference for the establishment of a Youth Advisory Council for the Shire of Broome and report back to Council.

CARRIED UNANIMOUSLY 8/0

Attachments

Nil

Minutes – Ordinary Meeting of Council 15 October 2015 Page 21 of 22

9.1.2 Delivery model for Cable Beach Lifeguard Service

LOCATION/ADDRESS: Cable Beach Reserve

APPLICANT: Nil

FILE: PER502.1

AUTHOR: Manager BRAC

CONTRIBUTOR/S: Manager Community Development

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 September 2015

SUMMARY: The Shire of Broome provides beach supervision at Cable Beach between the months of April and October (inclusive) through the employment of fixed term beach lifeguards.

Officers have been approached by an external provider of similar services in WA and this report seeks direction from Council regarding the possibility of contracting these services out to the private market in an attempt to reduce costs to the Shire.

BACKGROUND

Previous Considerations

OMC 17 June 1997 Item 4.6

OMC 9 September 1999 Item 7.3

OMC 28 September 2006 Item 9.2.1

In September 1999, Council resolved to cease the seasonal contract with Surf Life Saving WA (SLSWA) and internally manage the supervision of Cable Beach through the employment of beach lifeguards. Since this time, the Shire of Broome has managed a team of lifeguards that conduct beach patrols during the dry season between the months of April and October (inclusive).

Up until 2013, the Shire employed a full-time Beach Inspector year round who was responsible for monitoring the safety of beach areas within the whole of the Broome town site which included stinger and crocodile monitoring, collecting and reporting on beach usage and lifesaving statistics, recruiting and training beach lifeguards for the tourist season and maintaining beach lifeguard equipment.

In 2013, the Beach Inspector position was made redundant and beach lifeguard services were transferred to the Broome Recreation and Aquatic Centre under the supervision of the BRAC Manager. As a result, the Shire provides beach lifeguard services at Cable Beach in front of the Surf Lifesaving Club from April – October only. Beach areas outside of this area are therefore monitored only minimally by the Shire’s Rangers.

Each dry season the Shire Lifeguards work in partnership with the Broome Surf Lifesaving Club (BSLSC) to monitor the flagged area in front of the surf club building under the terms of a negotiated service level agreement that is also ratified by SLSWA (attached). The agreement has remained consistent over previous years, with a slight change seen in the current season resulting in Shire lifeguards now patrolling all day on Saturdays (BSLSC was previously responsible for Saturday afternoon patrols). An overview of the responsibilities for the 2015 season are outlined below:

Shire of Broome

· Provide a minimum supervision of 2 x lifeguards for seven days per week (0900 – 1630 hrs) for the period 3 April - 2 May and 12 October – 1 November;

· Provide a minimum supervision of 2 x lifeguards for Monday to Saturday patrols 0900 – 1630 hrs, 5 April - 10 October;

Broome Surf Lifesaving Club

· Provide a minimum supervision of 3 x lifesavers for Sunday patrols 0900 – 1630 hrs, Saturday 3 May - 11 October.

The Shire’s beach lifeguard service currently operates with the following staffing structure:

· 1 x Senior beach lifeguard (full time, fixed term)

· 1 x Beach lifeguard (full time, fixed term)

· 3 x Beach lifeguards (casual, fixed term)

While this is a minimalist staffing structure, it has proven adequate to facilitate the supervision required for the beach season.

COMMENT

In previous years, there has been a limited amount of investigation into the possibility of outsourcing the beach lifeguard service to an appropriate external service provider. Recently, Shire management has expressed a desire to explore this option as a means of managing the costs of service delivery. Furthermore, an approach has been received from an operator indicating they can provide the service for a similar cost.

Section 3.57 of the Local Government Act 1995, Regulation 11 of the Local Government (Functions and General) Regulations 1996, and the Shire of Broome’s Purchasing Policy stipulate that a public tender process must be undertaken for the provision of a service in excess of $100,000. Given the current cost to the Shire is in excess of this amount, should Council choose to consider outsourcing the Shire’s beach lifeguard services, a tender process will be required to be undertaken.

The purpose of this report is to seek direction from Council regarding the continued provision of beach lifeguard services at Cable Beach and to determine the most preferred service delivery model.

Options for Consideration

The following options are proposed for Council’s consideration;

1. Council could decide not to advertise for public tender and continue to operate the beach lifeguard service in its current form;

2. Council could choose to request tenders from the open market for the provision of beach lifeguard services at Cable Beach for Council’s consideration; or

3. Council could choose not to provide this service into the future.

Officers have outlined, in the Risk section of this report, the risks associated with the options provided above. These risks should be considered in the following context.

Cable Beach is Broome’s primary tourist icon, attracting over 70,000 visitors each year. Up until 31 August, the 2015 beach season has recorded the following statistics:

· 72,650 people on the beach

· 24,459 swimmers

· 3,099 surf craft

· 1,032 swimmers advised

· 24 rescues

· 118 minor first aids

· 7 major first aids

· 7 beach closures

The Shire has previously been committed to maintaining beach lifeguard services at this beach as a matter of public safety and in recognition of the important role Cable Beach has in bringing tourism and economic benefits to the town.

Therefore, Officers recommend option 2, to determine whether the service can be operated at a lesser cost to the Shire while maintaining the desired level of service. It is recommended that tenders are called to operate beach lifeguard services at Cable Beach for a three year period commencing in April 2016. This term is recommended due to the significant amount of equipment and set up required to operate such a service and gives tenderers the opportunity to consider the development of their workforce and processes over a prolonged period.

It is proposed that tenders are assessed by an external body to ensure there is no real or perceived conflict of interest with assessment based on the following criteria:

a) Price

b) Level of service

c) Relevant experience

d) Tenderer’s resources

Officers recommend that the successful tenderer will be expected to operate the same hours of service as is currently provided by the Shire of Broome, and enter into a service level agreement with the Broome Surf Lifesaving Club that stipulates responsibility of personnel and days/hours of service.

Officers do not propose that an internal tender be submitted for this service. However, if an appropriate service level or a favourable financial position cannot be achieved from tenders recieved, Council could, if it chose, decide not to award the contract and continue to operate the service in its current form.

CONSULTATION

The Broome Surf Lifesaving Club has been consulted in this process throughout and is actively promoting the outsourcing of the service.

Surf Life Saving WA has been consulted and provided with details regarding the current staffing structure of beach lifeguard services.

The incumbent beach lifeguards have been consulted to determine best practice and the optimum staffing structure to enable the service to operate efficiently.

STATUTORY ENVIRONMENT

Local Government Act 1995

3.57. Tenders for providing goods or services

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.

(2) Regulations may make provision about tenders.

Local Government (Functions and General) Regulations 1996

Division 1 — Purchasing policies

11A. Purchasing policies for local governments

(1) A local government is to prepare or adopt, and is to implement, a purchasing policy in relation to contracts for other persons to supply goods or services where the consideration under the contract is, or is expected to be, $150 000 or less or worth $150 000 or less.

(2) A purchasing policy is to make provision for and in respect of the policy to be followed by the local government for, and in respect of, entering into contracts referred to in subregulation (1).

(3) A purchasing policy must make provision in respect of —

(a) the form of quotations acceptable; and

(ba)sic the minimum number of oral quotations and written quotations that must be obtained; and

(b) the recording and retention of written information, or documents, in respect of —

(i) all quotations received; and

(ii) all purchases made.

[(4) deleted]

[Regulation 11A inserted in Gazette 2 Feb 2007 p. 245; amended in Gazette 18 Sep 2015 p. 3804.]

Division 2 — Tenders for providing goods or services (s. 3.57)

11. When tenders have to be publicly invited

(1) Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $150 000 unless subregulation (2) states otherwise.

(2) Tenders do not have to be publicly invited according to the requirements of this Division if —

(a) the supply of the goods or services is to be obtained from expenditure authorised in an emergency under section 6.8(1)(c) of the Act; or

(b) the supply of the goods or services is to be obtained through the WALGA Preferred Supplier Program; or

[(ba) deleted]

(c) within the last 6 months —

(i) the local government has, according to the requirements of this Division, publicly invited tenders for the supply of the goods or services but no tender was submitted that met the tender specifications or satisfied the value for money assessment; or

(ii) the local government has, under regulation 21(1), sought expressions of interest with respect to the supply of the goods or services but no person was, as a result, listed as an acceptable tenderer;

(d) the contract is to be entered into by auction after being expressly authorised by a resolution of the council of the local government; or

(e) the goods or services are to be supplied by or obtained through the government of the State or the Commonwealth or any of its agencies, or by a local government or a regional local government; or

(ea)(sic) the goods or services are to be supplied —

(i) in respect of an area of land that has been incorporated in a district as a result of an order made under section 2.1 of the Act changing the boundaries of the district; and

(ii) by a person who, on the commencement of the order referred to in subparagraph (i), has a contract to supply the same kind of goods or services to the local government of the district referred to in that subparagraph;

(f) the local government has good reason to believe that, because of the unique nature of the goods or services required or for any other reason, it is unlikely that there is more than one potential supplier; or

(g) the goods to be supplied under the contract are —

(i) petrol or oil; or

(ii) any other liquid, or any gas, used for internal combustion engines;

(h) the following apply —

(i) the goods or services are to be supplied by a person registered on the Aboriginal Business Directory WA published by the Small Business Development Corporation established under the Small Business Development Corporation Act 1983; and

(ii) the consideration under the contract is $250 000 or less, or worth $250 000 or less; and

(iii) the local government is satisfied that the contract represents value for money;

(i) the goods or services are to be supplied by an Australian Disability Enterprise; or

(j) the contract is a renewal or extension of the term of a contract (the original contract) where —

(i) the original contract was entered into after the local government, according to the requirements of this Division, publicly invited tenders for the supply of goods or services; and

(ii) the invitation for tenders contained provision for the renewal or extension of a contract entered into with a successful tenderer; and

(iii) the original contract contains an option to renew or extend its term; and

(iv) the supplier’s tender included a requirement for such an option and specified the consideration payable, or the method by which the consideration is to be calculated, if the option were exercised;

(k) the goods or services are to be supplied by a pre‑qualified supplier under Division 3.

[Regulation 11 amended in Gazette 29 Apr 1997 p. 2145; 26 Jun 1998 p. 3447; 25 Feb 2000 p. 970‑1; 29 Jun 2001 p. 3130; 31 Mar 2005 p. 1054‑5; 2 Feb 2007 p. 245‑6; 18 Sep 2015 p. 3804‑6.]

POLICY IMPLICATIONS

2.3.7 – Purchasing

Corporate Services - Administration

FINANCIAL IMPLICATIONS

Service: The table in the confidential attachment outlines the expenditure incurred to operate the Cable Beach Lifeguard Service for the 2014/2015 financial year. This table does not include the replacement cost of plant and equipment but captures the annual depreciation of each of the larger plant items.

RISK

The following risks have been identified in relation to the options provided for Council’s consideration;

Option	Risk	Type	Rank	Mitigation
1. Continue to provide beach lifeguard services at Cable Beach	Cost of service delivery increases	Financial	High	Officers continue to monitor and report on cost of service delivery
2. Request tenders from the open market to provide beach lifeguard services	No tender is awarded	Reputational – waste of resources	Medium	Process to be endorsed by Council. Specifications developed to reflect current service agreement and appropriate controls.
	Cost is prohibitive	Financial	Medium	Officers have sought ball-park figures from potential service providers and prepared a detailed review of the current cost to the Shire
	Significant incident occurs (stinger, death)	Reputational – Shire brand	High	Ensure tender is awarded to a reputable supplier with appropriate controls in place to facilitate a safe and qualified service at all times.
3. Choose to cease beach lifeguard services at Cable Beach	Significant incident occurs (stinger, death)	Health	Extreme	Ensure public signage is adequate and up to date Support BSLSC to provide more frequent patrols.
3. Choose to cease beach lifeguard services at Cable Beach	Significant incident occurs (stinger, death)	Reputational – Shire brand	High	Keep public informed via print and broadcast media that beach is unsupervised. Ensure public signage is adequate and up to date

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

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

A unique natural environment for the benefit and enjoyment of current and future generations

Retention and expansion of Broome’s iconic tourism assets and reputation

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey Seconded: Cr C Mitchell

That Council:

1. Requests the Chief Executive Officer to call for public tenders for provision of Beach Lifeguard Services at Cable Beach in accordance with the service specifications identified for a 3 year period commencing April 2016.

2. Notes that the Shire will not be submitting an internal tender for provision of this service.

CARRIED UNANIMOUSLY 8/0

Attachments

2015 - Beach Lifeguard Service Level Agreement

Confidential attachment - Cost of lifeguard service delivery 14_15 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

Minutes – Ordinary Meeting of Council 15 October 2015 Page 29 of 30

9.1.3 PROCESS FOR THE DEVELOPMENT OF THE SHIRE'S COMMUNITY SAFETY PLAN

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: COS19

AUTHOR: Manager Community Development

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 25 September 2015

SUMMARY: This report provides information regarding the development of a Community Safety Plan for the Shire of Broome and seeks Council’s endorsement of the proposed process and timeline.

BACKGROUND

Previous Considerations

OMC 20 January 2004 Item 9.1.3

OMC 23 March 2004 Item 9.1.2

OMC 17 August 2004 Item 9.1.5

OMC 30 November 2004 Item 9.1.5

OMC 16 April 2004 Item 9.2.1

OMC 7 July 2011 Item 9.3.6

OMC 27 February 2014 Item 9.1.2

In 2004, the State Government initiated Community Safety and Crime Prevention Partnerships which sought engagement between the Office of Crime Prevention and local government authorities to develop crime prevention strategies and improve community safety. At this time, Council resolved not to enter into a partnership agreement based on the view that this was seen as a cost-shifting exercise on the part of the State and that the amount of funding offered as part of the partnership agreement ($10,000) to develop a Community Safety and Crime Prevention Plan (CSCPP) was not sufficient for a local government with a geographical area the size of Broome to develop a comprehensive plan.

Officers subsequently met with State Government representatives to communicate Council’s concerns and later in that same year, a further motion to enter into a Community Safety and Crime Prevention Partnership Agreement was again lost with the issue deferred due to concerns relating to perceived absolving of responsibilities in this area by State Government agencies.

In November 2004, Council adopted the Shire of Broome’s Strategic Action Plan 2004 – 2009 which contained the following Action:

Develop a Community Safety Strategy and partner with the Office of Crime Prevention to support existing programs such as HYPE and the reduction of vagrancy.

In 2009, the Shire was again invited to enter into a partnership with the Office of Crime Prevention to develop a CSCPP. At the OMC 16 April 2009, a motion recommending a partnership agreement for a CSCPP to be developed “targeting safety and prevention as it relates to children and youth, transience and litter in the townsite of Broome” was considered by Council. This motion was also lost due to the view that further funding should be sought to ensure the plan was expanded to include areas beyond the Broome townsite.

In 2010, the Office of Crime Prevention agreed that the Shire’s Plan for the Future 2007 – 2012 contained enough evidence of planning for community crime prevention and agreed to combine the $10,000 planning grant with a grant of $20,000 for the “Lighting Up Anne Street Project” proposed by the Shire. This project was a partnership between the Shire of Broome, Mamabulanjin Aboriginal Corporation, WA Police and Horizon Power which saw the upgrading of 10 x light poles on Anne Street and was completed in December 2011. Below is an excerpt from the evaluation report submitted to acquit the funding.

Anecdotal feedback from Mamabulanjin, Kullarri Patrol and HYPE staff indicate that while at first the extra lighting made young people congregate under them, this did eventually dissipate and there has been a reduction of the incidents of crime and antisocial behaviour in the area. The additional lighting and work done through a complementary project to clean up the Anne Street precinct has resulted in cleaner streetscapes, more user friendly access ways and more pride in the neighbourhood.

Feedback from the Officer In Charge of Broome Police is:

“We won’t be able to provide meaningful statistics as the area with improved lighting is relatively small and it would be impossible to provide accurate or relevant statistics. Anecdotally – the improved lighting is beneficial however as stated above it is unfortunately only a small area considering the scale of the issues in the area – ie we need to replicate the same lighting along the length of Anne Street, Matsumoto St and surrounding streets, Tang St and surrounding streets, D’Antoine St and surrounding streets.

The lighting discourages anti-social behaviour but if people walk 20 meters away from the lights or down one of the side roads they continue their behaviour.”

In February 2014, the Council agreed to support the Juvenile Crime Working Group to hold a community forum to discuss issues relating to a perceived spike in juvenile crime in Broome. The Group was formed as a result of a wave of social media discourse and gained some community support. The forum was held on 29 March 2014 at the Broome Civic Centre and attracted approximately 20 members of the general public. Key stakeholders were asked to present to the forum including;

- WA Police – Broome

- WA Department of Corrective Services – Regional Youth Justice Services

- Department for Child Protection and Family Services

- Shire of Broome

- Broome Youth Support Group

Presenters outlined the purpose and programs of each of their relevant organisation/agency and talked about what is currently being done to address issues relating to juvenile crime. The general view of the meeting was that more needs to be done to promote the services and programs that are available.

Due to resource limitations, a Community Safety Plan for the Shire of Broome has not previously been developed. However, the Shire’s Corporate Business Plan 2015 - 2019 contains the following action;

1.5.1.2 Develop a Community Safety Plan in partnership with relevant organisations subject to funding.

An allocation has been made in the 2015/16 Budget for this purpose and this report seeks Council’s endorsement of the proposed direction for the development of a Community Safety Plan.

COMMENT

Definition of Community Safety

The World Health Organisation (WHO) cites community safety as a basic human right that is an aspect of the quality of life of a community and is not just crime prevention.

The WHO provides the following definition of community safety;

A Safe Community is one in which all sectors of the community work together in a coordinated and collaborative way, forming partnerships to promote safety, manage risk, increase the overall safety of all its members and reduce the fear of harm.

Simply put, community safety can be defined as “the ability to live and work without fear of harm or injury”.

Therefore, community safety in its broadest form can include a range of issues and involve a variety of agencies with varying levels of responsibility. Issues can include;

While the Shire is actively engaged in providing services and support for a range of programs across the spectrum of community safety, there is some debate over the role and responsibility of local government versus that of other agencies and stakeholders.

Current Approach

The Shire of Broome currently provides services related to public health by employing environmental health officers who ensure food safety and hygiene and compliance with the 2008 Food Act, mosquito control and public pool safety and hygiene. The Shire’s rangers are responsible for law enforcement including animal control, litter, illegal parking and camping, and bushfire and fire control. The Manager of Health and Rangers is also responsible for working with the Department of Fire and Emergency Services to convene Broome’s Local Emergency Management Committee and the Broome Bush Fire Advisory Committee.

The Shire currently provides Beach Lifeguard services at Cable Beach during the peak season to ensure beach safety in coordination with the Broome Surf Lifesaving Club, Department of Parks and Wildlife and the Shire’s Rangers. The Shire’s Infrastructure directorate maintains and upgrades the town’s roads, footpaths, accessways and public barriers, keeping public spaces clean and safe and overseeing traffic management and control.

The Shire of Broome also partners with a range of agencies to engage collaboratively to address specific issues. These partnerships currently involve the Shire’s participation either at elected member or officer level in the following;

· Heads of Department Meetings

· Local Emergency Management Committee

· Bush Fire Advisory Committee

· Broome Alcohol Management Group

· Liquor Accord

· Homelessness Action Group

· Broome Youth Coordination Network

In addition, the Shire of Broome supports a range of initiatives that contribute to community safety and crime prevention. An example is the 3 year Memorandum of Understanding with Kullarri Patrol and the Shire’s support of the HYPE Program. These programs target vulnerable adults and young people respectively with the aim of reducing crime and increasing personal safety. Other strategies include the Shire’s community sponsorship program, support for events and festivals, and the various Shire facilities provided to improve community connectedness such as Broome Recreation and Aquatic Centre, the Broome Civic Centre and Broome Public Library along with a variety of well-maintained public open spaces throughout the town.

Finally, the Shire responds to community need as it arises. Examples include the consideration of thoroughfares and accessways, clearing of illegal camps, discussion regarding an itinerant camping facility and a potential partnership with the Department of Housing to undertake urban renewal in Old Broome.

National Context

In recognition of the importance of this issue to the Council and the community the Manager Community Development recently attended the National Holistic Community Safety Summit which was attended by regional and metropolitan police, service providers, government agencies and local government authority (LGA) representatives including officers and elected members, from across Australia. This was an opportunity to gain firsthand information about existing and emerging issues related to community safety, what other LGAs are doing to address safety issues and what the role of local government is in this area. Interestingly, it seems Australian LGAs have been recognised internationally for best practice methodologies in community safety and practical examples are being provided to other countries (eg Palestine).

While it was identified that a range of approaches and strategies are being implemented by LGAs to address community safety and that resources vary greatly between LGAs, a number of key principles emerged from the discussions held over three days. These are outlined below.

- Improving community safety is a slow process that requires a shared vision and managed expectations by all stakeholders including all tiers of government and the community.

- Community safety is a complex issue that often involves a number of contributing elements that are the responsibility of a range of agencies.

- Community safety needs to be a shared and agreed ambition across departments, not just driven by one person or business unit.

- Managing community safety requires a structure that includes detailed analysis, monitoring and evaluation, robust engagement and strong leadership.

- Community engagement and buy-in is an essential element of addressing real and/or perceived community safety issues.

Proposed Approach

Arguably, the Shire of Broome already participates significantly in the maintenance of community safety in broad terms. However, both the Broome 2040 community consultation and the 2015 Community Perceptions Survey identified issues relating to community safety including:

- Antisocial behaviour including street drinking, drunkenness and violence

- Drugs and related crime

- Itinerants and rough camping

- Stealing

- Lighting

- Policing

- Young people and juvenile crime

Hotspots for these issues included Chinatown, Male Oval, Town Beach and Old Broome.

The aforementioned conference included thought-provoking and inspiring speakers who provided excellent examples of thinking ‘outside the square’ to achieve community safety outcomes and these should be considered in developing a Plan for Broome. However, the key factor is that any strategy must be developed in consultation with the community and key stakeholders to ensure shared responsibility for the process and for the Plan.

Therefore, the process for the development of the Plan may evolve depending on consultation and the feedback provided. Consequently, officers propose setting up a working group in the first instance consisting of representatives from the following key stakeholders to guide the process for the development of the Plan;

· Shire of Broome (officers and elected members)

· WA Police

· Nyamba Buru Yawuru

· Taxi services

· Chamber of Commerce

· Liquor Accord

· Service providers (eg Department of Justice, Kullarri Patrol, Broome Youth and Families Hub)

While it is recognised that there are other stakeholders with an interest, it is proposed that in the first instance a small group is charged with developing some key principles for engaging both internally and with the wider community to;

- map existing services and programs

- identify stakeholders and their roles and responsibilities (ie Shire, Police, State etc)

- formulate key strategies and actions for inclusion in the draft plan.

This group will be the conduit to the wider community and will be expected to use their networks to gain feedback to inform the development of the Plan. In preparation of the plan it is expected that the Working Group will undertake engagement with the broader community (eg via Community Forum). The details of how this occurs will be determined by the group once established and incorporated into a Community Engagement Plan for this project.

Given the limited budget to prepare this plan Officers are proposing that the plan largely be prepared by Officers and the above mentioned working group. This group would be assisted by the engagement of consultants for specific tasks during the development of the plan as required (ie youth engagement). This approach is considered feasible given Officers are envisaging that plan will be succinct and action focused.

Proposed Timeline

17 October 2015 Council endorsement

November 2015 Establish working group including Council representation

Dec 2015 – April 2016 Internal and external consultation with identified stakeholders

Development of Draft Plan

May 2016 Draft Plan to Council for endorsement for advertising

June 2016 - July 2016 Community engagement

August 2016 Final Plan presented for Council consideration

CONSULTATION

Broome 2040 community consultation

2015 Community Perceptions Survey

City of Mandurah - Community Safety Plan

City of Rockingham – Community Safety Strategy 2015-2020

City of Melville - 2012-2016 Safer Melville

City of Fremantle – Community Safety & Crime Prevention Plan 2011-2015

Indigo Shire Council – Community Safety Plan 2012-2017

Knox Council - Knox Community Safety Plan 2013-2017

Randwick City Council – Community Safety Plan 2015-2025

National Community Safety Summit 2015 – 29 Sept – 1 Oct 2015

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil at present although a policy may be drafted for Council’s consideration based on the recommendations of the Working Group

FINANCIAL IMPLICATIONS

This project is focused on the development of a Plan and therefore expenditure is limited to planning and development. It is envisaged that the Community Safety Plan, if adopted, will have on-going financial implications for the Shire (eg. capital expenditure maintenance, potential program support) and will need to be considered both on an annual basis and in medium and long term financial planning.

Funding Source: Community Safety Plan

Funding Type	Capital or Start Up Expense	Life Cycle Costs (Annual)		Funding Details (eg RLCIP)	Account Number
Funding Type	Capital or Start Up Expense	Cost $	*Cost Type	Funding Details (eg RLCIP)	Account Number
Grant		15,000	Operating	Office of Crime Prevention	TBC
Reserve
Budget		15,000	Operating	2015/16 Budget	TBC

TOTAL		30,000

RISK

The following table outlines the key risks identified with this project and the mitigation strategies proposed to address these risks in accordance with the Shire’s Risk Management Policy.

Risk	Type	Rank	Mitigation
Funding application is not successful	Financial	Medium	Officers have spoken to OCP to determine ‘best fit’ for funding
Council does not adopt plan	Operational	High	Process to be endorsed by Council Community engagement plan developed Plan to include identification of prioritised actions for staged implementation
Negative community feedback to plan	Reputational	High	Working group established Community engagement plan developed

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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:

Retention and expansion of Broome’s iconic tourism assets and reputation

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

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Manado Seconded: Cr P Matsumoto

That Council:

1. Endorses the proposed process and timeline for the development of the Shire of Broome Community Safety Plan as outlined in this report;

2. Requests the Chief Executive Officer to include the Community Safety Working Group in Council’s consideration of membership of Committees and Working Groups following the Local Government elections.

CARRIED UNANIMOUSLY 8/0

Attachments

There are no attachments for this report.

Minutes – Ordinary Meeting of Council 15 October 2015 Page 37 of 38

9.1.4 BRAC MULTIPSPORT HARDCOURTS OPTIONS FOR RESURFACING

LOCATION/ADDRESS: Broome Recreation and Aquatic Centre, Cable Beach Road East, Reserve 42502

APPLICANT: Nil

FILE: RES42502, GPC08

AUTHOR: Manager BRAC

CONTRIBUTOR/S: Manager Community Development

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 30 September 2015

SUMMARY: In 2014, the Shire of Broome was awarded funding of $47,426 to resurface the Multisport Hard Courts at the Broome Recreation Aquatic Centre (BRAC) from the WA Department of Sport and Recreation (DSR)’s Community Sport and Recreation Facility Fund (CSRFF). Testing on the court base has determined that the original intended method of resurface would not be entirely suitable for this project. Following approval from DSR to defer the project, further investigation was undertaken. This report seeks Council’s direction regarding the options provided.

BACKGROUND

Previous Considerations

OMC 7 July 2011 Item 9.3.4

OMC 1 September 2011 Item 9.3.4

OMC 6 September 2012 Item 9.1.1

OMC 15 August 2013 Item 9.1.2

OMC 28 August 2014 Item 9.1.2

In the August 2014 Small Grants funding round of the DSR’s CSRFF, the Shire of Broome applied for funds to resurface the BRAC hardcourts and replace the court lighting with an energy efficient LED system.

The application was successful in receiving $47,626 for 50% of the resurfacing costs but was unsuccessful in receiving funds for the court lighting. DSR research indicated that the LED system proposed and quoted may not comply with relevant Australian Standards.

Therefore, this project is to resurface the four existing multisport courts at the BRAC. The hard courts were installed when the dry component of the Centre was constructed in 2002. While there have been minor improvements/repairs made to the courts over the years, the surface of the courts remains largely the same as that initially laid.

The Shire of Broome committed funds towards the completion of the resurfacing project in the 2014/15 budget to complement the funding approved by DSR.

At the inception, the project was planned to be a relatively basic resurface with the method being to clean the existing surface, lay a fibreglass membrane over the courts and then install the new acrylic and line marking. It was suggested that this was an appropriate method of resurfacing by the company that had completed the resurface of the nearby tennis courts.

Upon further investigation it was determined that due to the extent of the cracking in the basketball/netball courts (some approximately 20mm in width), there may need to be additional work required at the base level to ensure that cracking does not reoccur once the project is completed. To ensure that the job is completed properly it was decided that more exploratory works were required.

Due to this decision, an extension was sought and granted from DSR, and a recommended court specialist was engaged to carry out appropriate testing. A condition of the project deferral was that a report stipulating project scheduling and direction be submitted to DSR by 30 September 2015. Officers have informed DSR that the report would need to be considered by Council and will therefore be submitted after the October Ordinary Meeting of Council.

This report presents the finding of the exploratory work undertaken and seeks direction from Council regarding the progression of the project.

COMMENT

After consulting local government officers across the Kimberley and in other regions, the decision was made to engage John Cramer from Sports Surfaces, to undertake testing and provide a recommendation regarding what would be the most effective method of ensuring a quality and sustainable finish to the court surface.

The consultant visited the BRAC site in August 2015 and with assistance from Shire of Broome machine operators, investigated the court profile and took samples for testing by the Kimberley Soils Laboratory. Testing for particle distribution and plasticity index were undertaken with the results showing no particular reason for the cracking to have occurred.

Extensive discussion with industry professionals, local engineers and colleagues that have spent many years building roads and laying asphalt in Broome gave an insight into the effects that local weather conditions have on asphalt installations and ways that methods have changed over the years.

Following this research and consultation, the consultant provided three options for consideration by the Shire:

1) Grinding of surface lipping, filling of cracks and resurface with three coat acrylic surface (medium term solution);

2) Installation of geo fabric membrane, overlay 30mm of AC7 hotmix, three coat acrylic surface and appropriate line marking (long term solution);

3) Choose not to proceed at this time and notify DSR of the decision. Officers could then submit a project brief for additional funds as part of the 2016/17 budget process and apply to the next round of CSRFF small grants for an increased project scope (not preferred).

Due to the cost prohibitive nature of option 2 and the need for, at a minimum, medium term improvements, officers recommend that option 1 is the most preferred way to progress this project. Furthermore, recent cuts to the CSRFF program mean that if commitment of the grant funds already approved is not forthcoming then the funding will be relinquished and lost to the Shire of Broome.

DSR has indicated that in light of significant reduction to the CSRFF funding pool, court re-surfacing will not be a priority and the likelihood of attracting this funding again is minimal.

It should be noted that option 1 will only address the issue for approximately 4 to 5 years at which stage more significant works will be required on the courts. If Council wanted to achieve a longer term solution (ie 10-15 years) then a scope of works along the lines of option 2 would need to be undertaken. Officers consider that option 2 would provide the best long term outcome. However, given DSR has advised that funding for court resurfacing will not be a priority into the future, and potentially Council would need to fund 100% of these costs, this is not considered a viable option at this stage.

CONSULTATION

Significant consultation was undertaken with industry professionals, WA local government representatives, local engineers and soil specialists to determine the best options for progression with this project.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.15. Local government’s ability to receive revenue and income

(1) A local government may receive revenue or income —

(a) from —

(i) rates; or

(ii) service charges; or

(iii) fees and charges; or

(iv) borrowings; or

(v) investments; or

(vi) any other source,

authorised by or under this Act or another written law; or

(b) from —

(i) dealings in property; or

(ii) grants or gifts.

(2) Nothing in subsection (1)(a) authorises the making by a local government of a local law providing for the receipt of revenue or income by the local government from a source not contemplated by or under this Act.

POLICY IMPLICATIONS

2.3.7 – Purchasing

Corporate Services - Administration

FINANCIAL IMPLICATIONS

While option 2 is the most long term solution it is cost prohibitive in the current environment. The cost comparison of the three options provided is as follows:

Option	Detail	Expenditure	Grant funding	Shire Contribution
1	Fill and patch cracking of current court surface and resurface with three coat acrylic surface.	$72,737	$36,369	$36,369
2	Installation of geo fabric membrane, overlay 30mm of AC7 hotmix, three coat acrylic surface and appropriate line marking	$260,725	$47,626	$213,099
3	Choose not to proceed at this time and notify DSR of the decision. Officers could then submit a project brief for additional funds as part of the 2016/17 budget process and apply to the next round of CSRFF small grants for an increased project scope.	Nil in 2015/16 $260,725 in 2016/17	Unlikely	$260,725

The total allocation included in the 2015/16 budget for this project is $95,500. The Shire has committed 50% of the project cost which has been approved with matched funding to the value of $47,626. The budget implications for recommended option (1) are outlined below.

Expenditure		Income
Item	Cost	Source	Amount
Investigation/exploratory works	$4,655	Shire of Broome	$36,369
Resurfacing works	$60,000	DSR CSRFF Small Grants	$36,368
Contingency (12.5%)	$8,082
Total project cost (exc GST)	$72,737	Total project cost (exc GST)	$72,737

RISK

The following risks have been identified in relation to the options provided for Council’s consideration;

Option	Risk	Type	Rank	Mitigation
1. Grinding of surface lipping, filling of cracks and resurface with three coat acrylic surface	Cracking re-occurs	Reputational – waste of resources	Medium	Officers continue to monitor and maintain
2. Installation of geo fabric membrane, overlay 30mm of AC7 hotmix, three coat acrylic surface and appropriate line marking	CSRFF funding is not approved	Financial	High	Officers have kept DSR informed and been advised that confirmation of commitment to the project is required to ensure approved funding is retained.
3. Choose not to proceed and submit a project brief to the 2015/16 budget process for an increased scope of works.	Courts become unplayable.	Financial – loss of income	High	Undertake ‘band-aid’ repairs to maintain usability. Liaise with users. Continue to liaise with DSR to explain rationale for decision making.
	Courts become unplayable.	Reputational – Shire brand	High
	CSRFF funding is not approved	Financial – cost to Shire	Extreme	Seek contributions from users (will not fully mitigate this risk as capacity will be limited).

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

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

A unique natural environment for the benefit and enjoyment of current and future generations

Retention and expansion of Broome’s iconic tourism assets and reputation

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr P Matsumoto

That Council:

1. Notes the exploratory work undertaken to determine the most appropriate method of resurfacing the multisport hard courts at BRAC and the options provided;

2. Requests the Chief Executive Officer to proceed with Option 1 to fill and patch cracking of the current court surface and resurface with a three coat acrylic surface using approved budget and grant allocations; and

3. Requests the Chief Executive Officer to advise the WA Department of Sport and Recreation accordingly.

CARRIED UNANIMOUSLY 8/0

Attachments

Nil

Minutes – Ordinary Meeting of Council 15 October 2015 Page 44 of 45

With regard to Item 9.2.1 Cr M Manado disclosed that “ I have an association with owner of home in the area. As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

9.2.1 Update on Woods Drive Laneway Closure

LOCATION/ADDRESS: Woods Drive

APPLICANT: Nil

FILE: COM12

AUTHOR: Development and Subdivision Engineer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 4 September 2015

SUMMARY: At the Ordinary Meeting of Council on 27 November 2014, Council resolved to close the Woods Drive laneway, in response to a petition and submissions received during the preceding community engagement period.

Council resolved to close the laneway subject to the sale and amalgamation of Lot 641 of Reserve 50253 into the adjacent private properties.

Water Corporation will not consent to the sale of the public reserve due to reticulated water assets being located within the reserve. Based on the previous public submissions to close the laneway, this report recommends fencing both ends of the laneway, without the formal closure and sale of the reserve.

BACKGROUND

Previous Considerations

OMC 27 February 2014 Item 7.2

OMC 27 March 2014 Item 9.2.4

OMC 27 November 2014 Item 9.2.1

At the OMC on 27 February 2014, a petition provided by Sharon Triplett and was presented by Cr Bloom on behalf of residents around the Woods Drive area.

The Petition read as follows:

We, Residents request the Shire of Broome to close off the lane between 31 and 33 Woods Drive at both ends for the following reasons:

· Public Safety - used only by motor bikes, dirt bikes and scooters

· Easy escape route for gangs after numerous ongoing house breaks ins

· Loitering Gangs

An item was subsequently presented to Council at the OMC on 27 March 2014 to seek Council’s determination in relation to whether the petition should be investigated.

Council resolved;

1. That Council considers an allocation of funds in its 2014/2015 budget deliberations for the preparation of an action plan to consider closure of Woods Drive public access way inclusive of public consultation.

2. That the signatories of the petition be contacted to be advised of Council’s determination.

At the OMC on 27 November 2014, Council considered the submissions received during the advertising period, which demonstrated support for the laneway to be closed.

Council resolved;

That Council:

1. Note all submissions received from the public regarding the proposed laneway closure.

2. Resolve to permanently close the Laneway between 31 and 33 Woods Drive (Lot 641 of Reserve 50253), subject to the purchase by adjacent landholder/s within twelve months.

3. Resolve that if adjacent landowners have not purchased Lot 641 of Reserve 50253 within 12 months, the Laneway shall remain open.

4. In accordance with Local Government Act 1995 Functions and General Regulations 30 (2) (a) authorise the Chief Executive Officer to negotiate the purchase of the Laneway Reserve with adjacent landholders at 31 and 33 Woods Drive; and pending confirmation of their interest in the purchase of Lot 641 of Reserve 50253, liaise with service authorities, and coordinate with Department of Lands to facilitate the permanent closure and purchase of the land by adjacent landholder/s at the landholder/s cost.

COMMENT

Following the OMC on 27 November 2014, Shire officers wrote to the adjacent residents at 31 and 33 Woods Drive to request formal confirmation of their intent to purchase the laneway reserve. The residents responded in writing to the Shire, and confirmed that they would purchase the adjacent reserve if it was formally closed by the Shire and sold by Department of Lands. The residents also submitted copies of relevant police reports to demonstrating that there was a pattern of antisocial and criminal behaviour in the laneway.

Service authorities were contacted to obtain comments on the proposal, as consent is required from all service authorities prior to a closure being enacted by Department of Lands.

No objections were received from Horizon Power, Telstra or NBN Co, however, Water Corporation objected to the proposal as reticulated water and sewerage infrastructure is located within the laneway reserve.

Discussions were held between the Water Corporations Building Services Unit and Shire officers, with Shire officers suggesting a services easement be created over Water Corporation infrastructure if the reserve was closed and sold.

Water Corporation does not agree that an easement over the water main would provide adequate tenure. It is Water Corporation policy that reticulated water infrastructure shall not be located within private property due to potential for a burst water main to cause damage to property.

The discussions culminated in an on-site meeting being held at the Woods Drive laneway with Shire officers, residents and Water Corporation representatives on 5 May 2015.

At the meeting, Water Corporation representatives reiterated their objection to the reserve being closed, sold and amalgamated into private property. However representatives did not object to the public reserve being fenced, as long as keys to locks were provided to the Water Corporation to allow access to their assets for repairs and maintenance.

Due to Water Corporations requirements that the laneway remain a public reserve to protect their infrastructure, Shire officers further consulted with Department of Lands about a solution to the issue. Department of Lands suggested that Lot 641 of Reserve 50253, which is reserved for ‘Public Access’ and managed by the Shire of Broome, could be transferred to the Water Corporation and reserved for ‘Water and Sewerage Infrastructure’.

The proposed transfer of the management order of Lot 641 of Reserve 50253 from the Shire of Broome to the Water Corporation would transfer the responsibility for the management of the reserve, and would therefore require Water Corporation consent to the transfer.

Water Corporation were formally consulted regarding the proposed transfer of the reserve, and did not support the proposal.

Attachment 1: Letter from Water Corporation

OPTIONS

As the reserve is unable to be formally closed and amalgamated into the adjacent resident’s properties, two options were considered and are detailed below.

OPTION 1 – No Laneway Closure and a Focus on a Future Community Safety Plan

Do not close the laneway and instead focus on holistic strategies for crime prevention.

A Community Safety Plan will be developed in partnership with relevant organisations in the 2015/16 financial year. This will provide a coordinated response from the Shire of Broome and other relevant organisations. Whilst this option may provide a longer term approach, it will do little to resolve the issues associated with the laneway in the short term.

The submissions previously received during the community consultation period showed majority support for the laneway to be closed, and the residents at 31 and 33 Woods Drive report ongoing antisocial/criminal behaviour being experienced in the laneway.

The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway would still need to occur.

Based on the submissions received during the community consultation period, Officers recommend that the laneway not be kept open.

OPTION 2 – Close the Laneway with a Gate and Fence

Close the Laneway on Lot 641 of Reserve 50253 between 31 and 33 Woods Drive and install a gate and fence at each end.

This option would require the Shire to fund the installation of gates and associated fences. The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway would still need to occur, however at a reduced frequency.

It is anticipated that the new gates and fences may be a target of vandalism from members of the community who did not agree with the laneway closure. However, the extent of the vandalism will need to be monitored.

Whilst the fencing of the laneway will create a ‘dead’ space for the Shire to maintain, the requirement for fencing could be reviewed in future if the antisocial/criminal behaviour is addressed over time, as the management order for the reserve would remain vested with the Shire of Broome.

Based on the submissions received during the community consultation period, Officers recommend that the laneway be closed with a gate and fence at each end.

Attachment 2: Indicative Sketch of Proposed Woods Drive Laneway Fencing

CONSULTATION

Horizon Power

Telstra

NBN Co

Water Corporation

Department of Lands

STATUTORY ENVIRONMENT

Land Administration Act 1997

POLICY IMPLICATIONS

5.1.10 Community Engagement Policy

FINANCIAL IMPLICATIONS

OPTION 1 – No Laneway Closure and a Focus on a Future Community Safety Plan

No additional costs would be incurred in excess of the planned inclusion in future budgets for the preparation and implementation of a Community Safety Plan. The development of a Community Safety Plan has been included in the 2015/2016 budget.

The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway incur an annual cost of $1,640) and is covered under an existing operational budget.

OPTION 2 – Close the Laneway with a Gate and Fence

Permanently close the Laneway on Lot 641 of Reserve 50253 between 31 and 33 Woods Drive and install a gate and fence at each end.

The cost to fence and gate both ends of the laneway reserve is estimated at $5,500. This expenditure can be funded from Account 121025 (Urban Road Maintenance - Op Exp).

The regular maintenance activities (spraying of weeds and mowing of grass) required on the gated and fenced laneway would incur an annual cost of approximately $984 (i.e. 60% of $1,640), however, this is an existing expense incurred by the Shire and would be covered out of the existing operational budget.

It is also anticipated that vandalism of the gates and fences may occur, which will result in funds being expended for repair. The cost to undertake these repairs will depend on the frequency and extent of damage and would need to be monitored.

RISK

The consequence of not closing the laneway, would result in a low impact to the Shire’s reputation, however as this is likely to occur, the resulting overall risk is “High”.

To mitigate the risk, it is recommended that the laneway be closed by gating and fencing either end. The management order would remain vested with the Shire of Broome, and the fencing of both ends of the reserve could be reviewed if antisocial/criminal behaviour in the area is reduced in the future.

STRATEGIC IMPLICATIONS

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

Effective communication

Accessible and safe community spaces

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:

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey Seconded: Cr C Mitchell

That Council:

1. Note that the laneway between 31 and 33 Woods Drive can not be closed permanently and the land sold to adjoining landowners.

2. Authorise the Chief Executive Officer to;

(a) Gate and fence the laneway at either end of Lot 641 of Reserve 50253 to prevent the laneway being used as a thoroughfare.

(b) Advise Water Corporation, the adjacent residents and community members who made a submission of the outcome.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Indicative Sketch of Proposed Woods Drive Laneway Fencing

Minutes – Ordinary Meeting of Council 15 October 2015 Page 50 of 51

9.2.2 APPLICATION FOR A TRADING LICENCE IN A PUBLIC PLACE - QUAD BIKE TOURS

LOCATION/ADDRESS: Cable Beach Road West Road Reserve, Reserve 36477, Lot 555 on DP 406039, Reserve 50994, Reserve 51162

APPLICANT: Dave Evans

FILE: HEA001

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 August 2015

SUMMARY: The Shire has received an Application for a Trading Licence in a Public Place to conduct quad bike tours in the intertidal zone from north of the rocks at Cable Beach to Willie Creek. This report recommends that Council authorise the Chief Executive Officer to issue the trading licence subject to conditions and approval from the Yawuru Park Council and Kimberley Port Authority.

BACKGROUND

Previous Considerations

Nil

COMMENT

An Application for a Trading Licence was received on 5 June 2015 from Broome Quad Tours / Kimberley Quad Tours to conduct guided quad bike tours along Cable Beach.

Tours will comprise a maximum of 20 quad bikes and will be run daily on suitable tides throughout the year. When not in use, quad bikes will be stored on the former Crocodile Park site (Lots 1640 and 2212 Cable Beach Road West). Tours will commence from the Cable Beach Road West road reserve adjacent to the former Crocodile Park. It is proposed that the quad bikes be licenced by the Department of Transport and as such will travel via Cable Beach Road West to access the beach via the public access ramp on Reserve 36477.

The tour will run along the beach between the high and low water marks. The Applicant has proposed two tour routes – a short tour between Cable Beach and Coconut Well (maximum 2 per day), and a long tour between Cable Beach and Willie Creek (maximum 1 per day). The Applicant has expressed the intention to engage Aboriginal tour operators so the tour participants will learn about the cultural and environmental significance of the area.

In support of the Application the Applicant has submitted:

· Risk Management Plan

· Occupational Health and Safety Plan

· Business Plan

· Details of key staff and personnel

· Details of previous experience

· Quotation for $10 million public liability insurance

Location of Activity

The Application was originally submitted as an Application to conduct a commercial activity on Cable Beach. Additional quad tours were proposed along Cable Beach and between Cable Beach and Gantheaume Point.

The area bound by the Cable Beach public vehicle access ramp to the north and the prolongation of Lot 1848 Kavite Road to the south is designation an ‘Off Road Vehicle Prohibited Area’ under the Control of Vehicles (Off-Road Areas) Act 1978. The prohibited area encompasses Reserve 51106 with is jointly managed by the Shire and Yawuru Native Title Holders Aboriginal Corporation (RNTBC) (‘Yawuru RNTBC’) and extends to the Low Water Mark.

A ‘vehicle’ is defined under the Control of Vehicles (Off-Road Areas) Act 1978 as ‘a vehicle that is propelled by an engine or other mechanical source of power’. A quad bike is considered a ‘vehicle’ under this definition and hence quad bike tours in the ‘Off Road Vehicle Access Prohibited Area’ cannot be supported.

The area to the north of the Cable Beach public vehicle access ramp is also designated as an ‘Off Road Vehicle Prohibited Area’, however the prohibited area extends to the High Water Mark only. This means that quad bike tours could be supported in the Intertidal zone. Attachment 1 shows the off-road vehicle prohibited areas.

The Shire’s Policy 4.5.3 – Commercial Activities on Cable Beach (Policy 4.5.3) is explicit in its description of the geographic area in which the policy applies. It states:

Area of Application of the Policy

This policy applies to that portion of Cable Beach between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500m north of the vehicle entry ramp adjacent to the Broome Surf Club. Commercial activities are to be conducted in this area of Cable Beach between the high and low water mark as indicated on the approved map.

Attachment 2 shows the area to which the policy applies.

The proposed tours will enter the policy area for approximately 130m as they disembark from the access ramp and proceed north to Reserve 28650 and 50994. Bookings, collection of payment, participant drop off and safety inductions, and stopping points will all occur outside the policy area. For this reason, officers consider that Policy 4.5.3 does not apply to proposed activity. As a result, the proposed activity should be assessed under Policy 4.2.12 – Trading in Public Places (Policy 4.2.12).

Land Tenure

The base for the proposed quad tours will be the Cable Beach Road West Road Reserve outside the former Crocodile Park. However in the course of operation the tours will traverse a number of reserves under the care and control of the Shire of Broome, including 36477, 50994 and 51162 and the Kimberley Port Authority reserve 28650. The Management Orders for the relevant reserves list the purposes of the reserves as follows:

Reserve 28650 – Harbour Purposes

Reserve 36477 – Recreation, Parking and Drainage

Reserve 50994 – Conservation, Recreation, Use and Benefit of Aboriginal Inhabitants

Reserve 51162 – Conservation, Culture, Recreation

Reserves 50944 and 51162 form part of the Yawuru Conservation Estate (YCE) and have joint management orders favouring the Shire of Broome and Yawuru RNTBC. Reserve 28650 has a management order favouring the Kimberley Port Authority. Policy 4.2.12 states that ‘applications for trading are to be accompanied by a supporting statement of the land owner and occupier on which the trading activity is to occur.’ To date no support from Yawuru Park Council or the Kimberley Port Authority has been provided. Officers consider that support should be obtained from the Yawuru Park Council and Kimberley Port Authority prior to the issuance of a trading licence.

Should Council support the application, it will be forwarded to the Yawuru Park Council and Kimberley Port Authority for consideration, and if considered favourably, a trading licence will be issued under Delegated Authority.

Statutory Planning Considerations

Local Planning Scheme No. 6

Clause 8.2 – Permitted Development of Local Planning Scheme No. 6 states:

Except as otherwise provided in the Scheme, for the purposes of the Scheme, the following development does not require the planning approval of the local government:

(i) any minor development in as defined in an adopted Local Planning Policy.

The Shire of Broome adopted a ‘Minor Development’ Local Planning Policy in July 2015. Under this policy, ‘trading or events’ are considered minor development and hence are exempted from requiring planning approval, on the condition that:

· The activity does not involve alterations to the land or construction of permanent structure(s); and

· The activity is not an exclusive use or it is temporary use.

It is considered that the proposed tours conform to the above conditions and as such planning approval is not required.

Legal and Policy Considerations

The Application has been assessed against the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2003 (‘the Local Law’) and Policy 4.2.12 – Trading in Public Places.

Local Law

Clause 5.5 of the Local Law contains a list of application requirements. The Applicant has provided the necessary information, as required under the Local Law. Clause 5.8 outlines the responsibilities of the licensee. It is considered that the activity, if conducted as described, will not conflict with these responsibilities.

Policy 4.2.12 – Trading in Public Places

The Objectives of Policy 4.2.12 include:

1. To facilitate approval of Trading Licences using public places, as defined below, and therefore reducing administrative matters being placed on Council.

2. To protect existing levels of public amenity and safety from the impact of trading activities by adequately addressing potential risk management issues.

3. Maintain equity in the regulation of trading in public places by promoting fairness and certainty to traders and the community.

4. Protect the financial interest of ratepayers through the appropriate management of traders in public places and support development of local small business within the Shire of Broome.

The Application is considered to comply with the objectives of the Policy, although as discussed below some conditions are required to ensure the objectives can be satisfied during operations. Variation to the policy provisions will also be required and are outlined below.

The Policy provides guidance as to matters to be considered by officers in undertaking assessment of an Application:

Before a licence can be considered, it is necessary to assess the proposed location and the impact it may have on other traders, traffic flow, pedestrians, the community and also if the proposal is likely to have a detrimental effect on established businesses close by.

Impact on Other Traders

With respect to impact on other traders, there are two locations where impact may be possible. The first is at the quad bike tour base on Cable Beach Road West Road Reserve, and the second is on the beach itself. Policy 4.2.12 states:

3. Except in the case of an event approved in accordance with the Shire of Broome Policy Events Held on Local Government Property and Public Places, only one trading licence will be approved for trading per location at any one time.

Broome Cycles currently operates a bike hire rental from the Cable Beach Road West Road Reserve. Allowing the quad bikes to trade in the same road reserve requires a variation of the above policy provision.

It is considered that in this case, a variation to this Policy provision could be supported for the following reasons:

· The road verge in this location is wide (approximately 37m between the property boundary and the road carriageway) and informal car parking facilities are already present in this location. This location is suitable in area to accommodate the second mobile trader (note as mentioned above, the quad bike will not be stored in this location, this area would be used for the collection of payment, participant drop off and safety inductions).

· The quad bike operation is not considered to conflict with the Broome Cycles operation as it is offering a different type of trading activity and visitor experience.

With respect to Cable Beach itself, as the quad bikes will be accessing the beach via the public vehicle access ramp, which potentially would be in proximity to the camel tours. If the quad bike tours were to commence adjacent to the camels, there would be the potential for an undesirable conflict, however this is not proposed.

It is noted that as the access ramp is open to the public and is continually utilised by vehicles, which travel in proximity to the camels. This has long been considered an acceptable outcome and it is considered that the quad bikes will have a similar impact to vehicles. Notwithstanding this, it is recommended that should Council support the application, a condition be applied that the quad bikes are not able to stop within 30m of the camels. This is the same separation distance conditioned between the different camel operators.

Traffic Flow

The Application proposes that the quad bikes will be licenced as vehicles and will access the beach via Cable Beach Road West. This may lead to a temporary slow of traffic for approximately 250m, from the roundabout at the corner of Sanctuary Road to the Zanders car park. Temporary delays in accessing the vehicle ramp may also be experienced. It is considered that these delays are minor and can be accommodated as the tours will operate at limited times.

Amenity Considerations

Policy 4.2.12 contains a number of considerations for the issuance of trading licences. These include ‘operators of mobile trading vehicles shall not create any noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the mobile trader.’

Quad bikes have the potential to generate noise, however this is likely to be similar to that which would be experienced from a normal vehicle and once licensed by the Department of Transport would be permitted to utilise the road and portion of beach north of the rocks in any case. Further, the proposed tours will be guided by experienced tour guides and in this way speed of the vehicles can be limited. Further, it is recommended that if supported the trading licence is conditioned so that the quad bikes can only travel at 15km/hr while on the beach, this would limit noise and is consistent with the speed limit prescribed in the Local Law.

There may also be concern about the environmental impact of the tours. As discussed above, the tours will be restricted to between the high and low water mark so the dune environment will not be adversely affected.

Conclusion

It is considered that the proposed activity is capable of being supported and will lead to a new tourist experience in Broome. Suitable conditions are required to address potential concerns about noise, traffic and user conflict.

As discussed above, under the Shire’s Policy 1.5.1 any licences within the Yawuru Conservation Estate require approval from the Shire of Broome and the Yawuru Park Council. Further as required under Policy 4.2.12 as portion of the tours will traverse land under the management of the Kimberley Port Authority, their consent must also be sought. As a result, this report recommends Council authorise the Chief Executive Officer to grant the trading licence, subject to approval from the YPC and the Kimberley Port Authority.

CONSULTATION

Nil. As set out above, should Council support the application in- principle, it is recommended the proposal be forwarded to the Yawuru Park Council for consideration.

STATUTORY ENVIRONMENT

Local Government Act 1995

9.7. Review

(1) An affected person may apply to the State Administrative Tribunal for a review of a decision if the person —

(a) has not lodged an objection to the decision; or

(b) has lodged an objection but, at the expiration of 35 days after it was lodged, has not been given notice in writing of how it has been decided to dispose of the objection.

(2) If the person lodged an objection and has been given notice in writing of how it has been decided to dispose of the objection, the person may apply to the State Administrative Tribunal for a review of the decision on the objection.

8.2 Permitted Development

Except as otherwise provided in the Scheme, for the purposes of the Scheme, the following development does not require the planning approval of the local government:

(i) any minor development in as defined in an adopted Local Planning Policy.

Trading, Outdoor Dining and Street Entertainment Local Law 2003

5.5 An applicant for a trading licence shall comply with subclause 2.2.2 and shall forward the application to the local government together with:

(a) details of the number of assistants to be employed in the trading at any one time;

(b) a plan of the proposed location or, where the applicant proposes to go from place to place, a description of the route or area along or in which the applicant proposes to trade;

(c) details of the days and hours of operation;

(d) details of the proposed goods or services to be traded under the trading licence;

(e) if any stall is to be used for trading, a detailed and accurate plan and description, including dimensions, of the stall; and

(f) name and address of the person responsible for complying with any terms and conditions of the licence, where the applicant is a corporation.

Trading licence

5.6 A trading licence shall:

(a) include a licence number;

(b) include the location, days and hours of operation and approved trading area;

(c) detail the goods or services which can be traded under the trading licence;

(d) limit the number of persons that may carry on trading at any time under the trading licence; and

(e) detail any other terms and conditions imposed on the licence.

Term and validity of licence

5.7.1 A trading licence remains valid until:

(a) the expiry date stated in the licence is reached;

(b) variations are made to an existing licence, including an increase, reduction or change in the approved trading area;

(c) the public liability insurance policy, where required as a condition of the licence, lapses, is cancelled or is no longer in operation; or

(d) the licence is cancelled by the local government.

5.7.2 If any of the events specified in subclause 5.7.1 occur, then an application must be made and a new trading licence issued before any trading can be carried out.

5.8.2 The licensee shall not:

(a) engage in or permit any trading in any goods or services other than those specified in the trading licence;

(b) cause, permit or suffer any nuisance to exist, arise or continue on or from the approved trading area;

(c) deposit, place or store any goods on any public place, other than on the location to which the licence applies;

(d) obstruct the free passage of pedestrians on any footpath or pedestrian accessway;

(e) use or display or permit to be used or displayed any advertisement, placard, poster, streamer, sign or signboard on or about the approved trading area other than price tickets or labels on that area not exceeding a total area of 0.5 square metres;

(f) erect and maintain any signs in accordance with paragraph (e) so as to obscure any other signage on or adjacent to the approved trading area;

(g) cry out or shout about or permit any other person to cry out or shout about any goods or services in any public place or in the approved trading area; to the detriment or nuisance to nearby traders/ stallholders.

(h) use or permit to be used any loud hailer, microphone, amplifier or other apparatus for making or transmitting sound, on or from the approved trading area, unless approved by the local government;

(i) use or permit to be used any record, tape, radio, bell, musical instrument or other instrument or device capable of being heard beyond the boundaries of the approved trading area unless approved by the local government;

(j) use or permit to be used any flashing or intermittent lighting apparatus

POLICY IMPLICATIONS

Policy 4.2.12 – Trading in Public Places

Objective:

1. To facilitate approval of Trading Licences using public places, as defined below, and therefore reducing administrative matters being placed on Council.

2. To protect existing levels of public amenity and safety from the impact of trading activities by adequately addressing potential risk management issues.

3. Maintain equity in the regulation of trading in public places by promoting fairness and certainty to traders and the community.

4. Protect the financial interest of ratepayers through appropriate management of traders in public places and support development of local small business within the Shire of Broome.

Policy:

Trading in public places allows for a variety of activities to either sell, offering for sale or hire goods and wares to the public. Before a licence can be considered, it is necessary to assess the proposed location and the impact it may have on other traders, traffic flow, pedestrians, the community and also if the proposal is likely to have a detrimental effect on established businesses close by.

Given the many unique forms and locations of products for trade proposed to the Shire of Broome, all applications for a Trading Licence are to be lodged and will be assessed in conjunction with the Trading, Outdoor Dining and Street Entertainment Local Law 2003. In addition to this, the application will be assessed on their individual merits and the information supplied in the application, in line with but not limited to the following:

1. Applications for trading are to be accompanied by a supporting statement of the land owner and/or occupier on which the trading activity is to occur.

2. The Shire of Broome will assess suitability of proposed Trading activities utilising local government owned or management land, including Broome Cemetery, Reserve 1647. This assessment will consider the consistency of the proposed activity with the land use and vesting of the parcel of land or any management order that is attached to a parcel of land.

3. Except in the case of an event approved in accordance with the Shire of Broome Policy Events Held on Local Government Property and Public Places, only one Trading Licence will be approved for trading per location at any one time.

6. Where a time restriction will be specified, the Trader must be removed from the prescribed locations within 15mins of closure and the area surrounding the Trader must be left in a clean and litter free condition.

7. Traders must comply with any lawful direction given by a Shire of Broome Authorised Officer.

9. All Trading Licence applications and renewals will be considered by the Shire of Broome in accordance with, but not limited to, the following –

• Except in the case of mobile traders, for example, ice cream vans, the use of Shire of Broome road reserves will not permitted for trading unless it can be shown not to adversely impact on traffic movement.

• Trading must not impede traffic flow or cause a traffic hazard or pose a danger to the safety of the general public;

• Trading must not prevent access to pedestrian foot paths.

• Operators of mobile trading vehicles shall not create any noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the mobile trader.

• Trading must not conflict with existing Shire of Broome lease agreements for Shire owned premises. All trading licence applications will be referred to the Shire’s Leasing Officer for cross reference;

• Traders must obtain their own public liability insurance to the value of $10,000,000 as they will not be covered by the Shire of Broome’s insurance policy.

Local Planning Policy 8.30 – Minor Development

Table 1 - Minor Development that is exempt from planning approval

Development Type

Description

Example Image

Conditions that apply

These are in addition to the Prerequisites listed above

Trading or Events

The use of any land which is approved through a license or permit issued under a local law

· The activity does not involve alterations to the land or construction of permanent structure(s); and

· The activity is not an exclusive use or it is temporary use

Policy 1.5.1 – Yawuru Park Council Representation

Shire Representation

Following Local Government elections every two years the Shire of Broome appoints three representatives and three proxy representatives to the Yawuru Park Council.

The management orders for the In Town Conservation Estate are not made in favour of the Park Council, but jointly in favour of the Yawuru RNTBC and the Shire. The Yawuru Park Council is the governance structure within which the joint management is manifested. Council members appointed to the Yawuru Park Council, are appointed to represent the position and the interests of the Shire of Broome.

5. Licences, Leases

Decisions which affect the legal rights of third parties in relation to the land, such as whether to grant a lease or licence to someone for the use of jointly managed land within the Conservation Estate requires a resolution of the Council of the Shire of Broome and the Park Council.

FINANCIAL IMPLICATIONS

Under Council’s adopted fees and charges a licence fee is applied to trading in a public place. The annual fee is $1,540.00 which must be paid prior to the licence being issued.

The Local Government Act 1995 allows an Applicant to appeal a decision of Council, either in writing to the local government or by application for review by the State Administrative Tribunal. Should Council refuse to support the Application, the Applicant may seek review and the Shire will likely incur costs in responding to such a review.

RISK

There are a few risks associated with this application.

1. Injury to tour participants and / or members of the public

As required under the Shire’s Policy 4.2.12 the Applicant must supply evidence of public liability insurance to the amount on $10 million prior to the issuance of the licence. The Applicant has supplied a Risk Management Plan and Occupational Health and Safety Plan detailing measures to be implemented to reduce risk and address issues should they occur. It is considered that these measures reduce the risk to a tolerable level.

2. Conflicts with Camel Operators

A condition recommending that quads are separated from the camels by a distance of 30 m is proposed. Vehicles routinely share the beach with the camel operators and the risk posed by quad bikes is considered similar to that of vehicles.

3. Environmental Impact

There is a risk that the tours may have an impact on the environment. However, as discussed above, as with all off-road vehicles, the tours will only be permitted between the high and low water mark. The dune environment will not be affected.

STRATEGIC IMPLICATIONS

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

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

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

Retention and expansion of Broome’s iconic tourism assets and reputation

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Requests the Chief Executive Officer to forward the Application and this resolution to Yawuru Park Council and Kimberley Port Authority for their consideration.

2. Subject to the consent of Yawuru Park Council and Kimberley Port Authority being obtained, the Chief Executive Officer is authorised to issue the trading licence to Dave Evans of Broome Quad Tours on Part Cable Beach Road West road reserve, Part Reserve 28650, Part Reserve 36477, Part Reserve 50994 and Part Reserve51162 to conduct quad bike tours daily, subject to the following special conditions:

(a) Quad bike tours are permitted between the high and low water mark north of the vehicle access ramp on Reserve 36477 to Willie Creek and must remain at all times a distance of 10m from the base of the sand dunes.

(b) Licensee shall comply with all relevant legislation and Shire laws.

(c) Quad bike tours are restricted to a maximum speed of 15 km/hr while travelling along Cable Beach.

(d) The applicant must at all times take out and maintain public liability insurance cover which indemnifies the Shire of Broome against any claim of compensation to the value of $10 million at all times.

(e) The Shire of Broome reserves the right to vary licence conditions as required, or to revoke this licence at any stage in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003.

(f) A maximum of 18 quad bikes are to be used in conjunction with the activity.

(g) A maximum of 3 tours to be conducted per day.

(h) Quad bike tours are to remain a minimum of 30m at all times from the camel tours operating on Cable Beach.

(i) The trading licence is valid from a period of 12 months from the date of this approval.

(j) The licensee must immediately comply with any lawful direction given at anytime by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers.

(k) The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licenses and accreditation outlined in its licence application and allow the Shire officers, at any time, to inspect and verify that the use and currency of those procedures, policies, licences and accreditation are current and in place.

Cr C Mitchell moved the following motion:

That Council defer consideration of this item in order to workshop issues of risk with Council regarding the application.

Cr G Campbell foreshadowed he would speak against should this motion be seconded.

Cr P Matsumoto seconded the motion

Council MOTION:

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Council defer consideration of this item in order to workshop issues of risk with Council regarding the application.

FOR: 3

AGAINST: 5

MOTION LOST

Council Resolution:

Moved: Cr G Campbell Seconded: Cr A Poelina

That Council:

1. Write to the proponent and apologise for the delay.

2. Advise the proponent of the process that is required to progress this application.

3. Advise all agencies and partners as to the application and seek their views.

4. Request the Chief Executive Officer to present a report back to Council for consideration of the matter.

5. Request the Chief Executive Officer to arrange for a Special meeting of the Yawuru Park Council be held within the statutory timeframe for this item to be considered.

CARRIED UNANIMOUSLY 8/0

Reason: consideration of risk and to allow consultation with Yawuru

Attachments

1.	Attachment 1 - Off Road Vehicles Prohibited Areas Map
2.	Attachment 2 - Policy 5.4.3 Extents

Minutes – Ordinary Meeting of Council 15 October 2015 Page 62 of 63

9.2.3 PROPOSED RESTAURANT AND RECEPTION CENTRE

LOCATION/ADDRESS: Lot 154 Willie Creek Road, Waterbank

APPLICANT: Willie Creek Pearl Farm Pty Ltd

FILE: WIL-2/LT154

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil.

DATE OF REPORT: 28 August 2015

SUMMARY: An application for Planning Approval has been received for a ‘Restaurant’ and ‘Reception Centre’ land-use at Willie Creek Pearl Farm. Planning Approval is required as the Special Use provisions applicable to the lot under Local Planning Scheme No.6 (LPS 6) do not specifically identify a ‘Restaurant’ or ‘Reception Centre’ as permitted uses. Additionally, the application proposes to vary the parking provision requirements of Schedule 16 of LPS 6 and is therefore presented to Council for consideration.

This report recommends that Council approve the application subject to conditions.

BACKGROUND

Previous Considerations

Nil.

Site and Surrounds

The subject site, Lot 154 Willie Creek Road, is located 2 kms south of Manari Road, approximately 38kms by road north of Broome. The site adjoins Unallocated Crown Land and land designated as ‘Coastal Reserve’ under Local Planning Scheme 6 (LPS 6). Vehicular access to the site is obtained via an unsealed, non-gazetted, road connection to Manari Road. Potable water is available for the existing land-use via a desalination system on-site.

Background – Land Use & Tenure

Lot 154 was formerly subject to a lease agreement granted by Department of Lands Administration in 1999 for ‘Pearl Farm’ and associated ‘Interpretive Tourism’ activities. The site was designated as ‘Special Purpose – Pearl Farm’ under Town Planning Scheme No.3 and under Town Planning Scheme No.4, the Use designation was amended to ‘Special Use – Pearl Farm’ with permitted uses specified as ‘Pearl Farm’, ‘Tourist Display’, ‘Office’, ‘Shop’, ‘Caretaker Accommodation’, and ‘Associated Uses’.

Under the current Local Planning Scheme No.6, the site is designated as ‘Special Use – Pearl Farm’, with land-use permissibility and development requirements at the discretion of Council. Willie Creek Pearl Farm currently operates tourism activities on-site, with an existing ‘kiosk’ granted relevant Planning and Health approvals in 2005/2006.

Department of Lands (DoL) granted a ten year lease to Willie Creek Pearl Farm on 1^st January 2006 for the use of Lot 154. Correspondence on file from State Land Services dated 30 November 2009 indicates that a 1.536 hectare portion of reserve land adjacent to Lot 154 is currently utilised by Willie Creek Pearls for parking and is the subject of a lease agreement with DoL.

Vehicular Access

Vehicular access to Lot 154 Willie Creek Road is obtained via a non-gazetted and unsealed 2km road connection to Manari Road. The subject road is designated as unallocated crown land and, as such, is non-vested Crown land. Accordingly, the Shire bears no responsibility for maintenance of this portion of road.

The Proposal

The Shire on 3 August 2015 received an application for planning approval for a ‘Restaurant’ and ‘Reception Centre’ as summarised below:

· The ‘Restaurant’ activity will comprise approximately 120sqm of existing floor-space;

· It is envisaged that the ‘Reception Centre’ activity will utilise the restaurant area, in addition to landscaped outdoor areas appurtenant to the restaurant;

· The ‘Reception Centre’ use could cater up to a maximum of 225 persons in accordance with limitations applicable under the Building Code of Australia;

· Parking will be available within the existing adjacent car park, with sufficient space for 31 car bays and 2 bus parking bays in accordance with relevant Australian Standards of vehicle manoeuvrability;

· The applicant has detailed that a shuttle bus service currently operates for visitors to the site, with additional services proposed to be available for functions associated with the reception centre;

· The proposed hours of trade for the ‘Restaurant’ and ‘Reception Centre’ will be 6am to 12am Monday to Thursday, 6am to 1am Friday and Saturday, and 6am to 10pm on Sundays;

· No new structures or additional floor-space are proposed to facilitate the use of the site for a ‘Restaurant’ and ‘Reception Centre’.

The application seeks approval for a variation to the parking requirements of Schedule 16 of LPS 6. A determination of the proposed variation to parking provision requires consideration for the suitability of the land-use with reference to objectives of the Local Planning Strategy (LPS), Local Planning Scheme 6 (LPS 6) and in particular, matters to be considered under Clause 10.2 of LPS 6. A discussion of proposed parking arrangements are presented below.

COMMENT

Land-Use - Local Planning Strategy & LPS 6

With reference to the permissibility of ‘Tourist Development’ and ‘Associated Uses’ historically ascribed to the site under former Town Planning Scheme No.4, and the ‘tourist node’ objectives for the subject location as set out under the Local Planning Strategy (LPS); it is considered that a ‘Restaurant’ and ‘Reception Centre’ land-use activity will be consistent with the land-use and strategic tourism development goals for the location.

In view of this, the application is consistent with the provisions of LPS 6 clauses 10.2 (b) and (i) insofar as the proposal will provide for orderly and proper planning as the proposed development is considered compatible with its setting.

Parking Availability & Vehicular Traffic

The application seeks a variation to the provision of car parking as required under Schedule 16 of LPS 6 and LPP 8.16. An assessment of these requirements is set out in the table below:

Schedule 16 of LPS 6 – Parking Requirements

Required / Proposed

Restaurant – 1 bay per 4sqm of dining area

120sqm dining area proposed therefore 30 bays required

The application proposes 31 bays

Reception Centre (Public Assembly) – 1 bay per 4 persons

A maximum of 225 persons may be accommodated on-site under the BCA.

An assessment of parking requirements for the ‘Public Assembly/Reception Centre’ use, less the restaurant seating capacity of 80 persons, is based on 145 persons. Therefore an additional 37 parking bays are required to service the ‘Reception Centre’ over and above the restaurant use at a rate of 1 bay per 4 persons.

The application proposes 2 Bus bays.

Total Parking Bays required

67 Parking bays required

The application proposes 31 car bays plus 2 Bus bays proposed.

As noted from the table above the proposed ‘Restaurant’ use requires the provision of 30 parking bays whilst the ‘Reception Centre’ use requires an additional 37 parking bays. Therefore based on the maximum capacity of the site under the BCA, the proposed land uses would require a total of 67 bays.

Though the use of the site for a ‘Restaurant’ and ‘Reception Centre’ will inevitably involve additional visitation and vehicular traffic to the property, an assessment of the submitted plans demonstrates that there is sufficient space within the existing car parking area to accommodate 31 car bays plus 2-3 bus parking bays. The applicant has detailed that a shuttle service operated by Willie Creek Pearls provides transport to and from the site at four different times each day to cater for visitors. To address the shortfall in parking provision, the shuttle service would also be extended to cater for functions associated with the ‘Reception Centre’ use.

On this basis it is considered that the proposed parking arrangements will be sufficient to meet the expected needs of the proposed land uses, and to this extent it is recommended that a condition be placed on the planning approval to require a Parking Management Plan and for the shuttle service to be operated to cater for the ‘Reception Centre’ use.

Road Access

The availability of a shuttle transport service for visitors will also go some way towards limiting the expected increase in vehicular traffic along Manari Road. This is considered to effectively mitigate the need for upgrades to the existing road network and will satisfy clause 10.2 (r) of LPS 6 in relation to traffic generated by the development.

Though no additional upgrades are recommended to the existing road network, it is recommended that a condition of approval be included setting out that the applicant accepts responsibility for all maintenance and any upgrades to the 2km section of road providing access to the site from Manari Road.

Conclusion

Further to the above rationale, and with reference to matters to be considered under Clause 10.2 of LPS6, the development as proposed:

· will not generate visual impacts upon the amenity of the locality associated with built form, and is considered compatible with the existing land-use on-site and with its settings, satisfying clause 10.2 (o);

· will not impact upon the natural environment or upon the cultural significance of the locality, satisfying clause 10.2 (k), (l) and (y); and

· complements land-use, and particularly tourism objectives for the location as set out under the Local Planning Strategy, and is therefore considered to be in keeping with orderly and proper planning further to clause 10.2 (b) and (i).

Accordingly, this report recommends that Council approve the application subject to conditions.

CONSULTATION

Local Planning Policy 8.23 – Public Consultation Planning Matters

Level A – No Consultation

1.5 No consultation will occur where the proposal:

i. is determined as having no predictable detrimental impact on the character or amenity of the immediate or general locality likely; and

ii. is not required under Clause 9.4.1 of LPS6; or

iii. has previously occurred and only minor modifications or modifications that address previous concerns raised are proposed.

With reference to the above provisions of LPP 8.23, on the basis that the current application relates to an existing land-use activity for which no physical construction is proposed, the land use activity can be entertained under the sites Special Use zoning; and as Clause 9.4.1 of LPS 6 does not require consultation; it was considered that consultation with adjoining land-owners is not required. The closest residence to the site is approximately 1.2km away and there are no other sensitive land uses within immediate proximity to the site that are considered likely to be impacted by the proposal from an amenity perspective.

STATUTORY ENVIRONMENT

Planning & Development Act 2005

Local Planning Strategy

Local Planning Scheme No.6

4.21 Special Use Zones

4.21.1 Special Use Zones are set out in Schedule 4 and are in addition to the zones in the Zoning Table.

4.21.2 A person must not use any land, or any structure or buildings on land in a Special Use Zone, except for the purpose set out against that land in Schedule 4 and subject to compliance with any conditions set out in Schedule 4 with respect to that land.

5.7 Car parking

5.7.1 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.

10.2 Matters to be considered by local government

10.2.1 The local government in considering an application for planning approval is to have due regard to such of the following matters as are in the opinion of the local government relevant to the use or development the subject of the application –

(a) the aims and provisions of the Scheme and any other relevant local planning schemes operating within the Scheme area;

(b) the requirements of orderly and proper planning including any relevant proposed new local planning scheme or amendment, or region scheme or amendment, which has been granted consent for public submissions to be sought;

(f) any Local Planning Policy adopted by the local government under clause 2.4;

(i) the compatibility of a use or development with its setting;

(j) any social issues that have an effect on the amenity of the locality;

(k) the cultural significance of any place or area affected by the development;

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

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

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

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

(p) whether the proposed means of access to and egress

(q) from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

(r) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(s) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;

(t) whether public utility services are available and adequate for the proposal;

(u) whether adequate provision is made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

(v) whether adequate provision has been made for access by disabled persons;

(y) whether the proposal is likely to cause soil erosion or land degradation, or adversely impact on water quality;

(bb) the comments or submissions received from any authority consulted under clause 10.1.1;

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

POLICY IMPLICATIONS

Local Planning Policy 8.16 – Parking

FINANCIAL IMPLICATIONS

Nil.

RISK

It is noted that should a determination of the application not be made within required statutory timeframes, the application may be deemed to be refused. In the event that the application is deemed to be refused, the applicant may apply to the State Administrative Tribunal for a review of the application.

As noted in the ‘Background’ section of this report, the subject site utilises a non-gazetted and unvested road for vehicular access. With a view to mitigating any risk of liability on the part of the Shire, it is recommended that a condition of Planning Approval be included clearly setting out the applicant’s responsibility for maintenance of this portion of road.

STRATEGIC IMPLICATIONS

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

A unique natural environment for the benefit and enjoyment of current and future generations

Retention and expansion of Broome’s iconic tourism assets and reputation

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council approves the application for Planning Approval for a ‘Restaurant’ and ‘Reception Centre’ Use at Lot 154 Willie Creek Road, Waterbank, subject to compliance with the following conditions:

1. Development must be carried out in compliance with the plans and documentation listed below and endorsed with the Council’s stamp, except where amended by other conditions of this approval.

Plans and Specifications –

P1 (Site Plan), & P2 (Floor Plan) as received by the Shire 3 August 2015.

2. Prior to the commencement of the use on-site, the car parking area must be upgraded to a cracker dust finish and therein maintained at the applicants cost to the satisfaction of the Shire of Broome.

3. A maximum of 225 persons can be in attendance on-site at any one time.

4. Prior to the commencement of the use on-site, the applicant must submit for approval by the Shire of Broome a Parking Management Plan. The Parking Management Plan is to detail provision of shuttle bus service (s) for any activity catering to more than 80 persons on-site. Any actions within the Parking Management Plan must be complied with at all times.

5. It is the applicant’s responsibility to maintain the access track between the site and Manari Road.

ADVICE NOTES

a. This approval does not permit the use of the land and or any building or undertaking of development unless all conditions have been and continue to be complied with. You are advised of the need to comply with the requirements of the following other legislation:

- The Western Australian Building Act 2011 requires a Building Permit being obtained from the Shire before any work commences on site; and

- Health Act 1911 and Department requirements in respect to the development and use of the premises.

Please note the above is not an exhaustive list of legislation and you may be required to comply with other relevant legislation.

b. If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

c. The granting of this Planning Approval is not a clearance that there are no Aboriginal Heritage Sites on the land nor is it an approval under Section 18 of the Aboriginal Heritage Act, in the event that there is an Aboriginal Heritage Site on the land. The land owner will need to make enquiry and application to the Department of Aboriginal Affairs in this regard.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Attachment 1 - Site and Floor Plan
2.	Site Plan 1

Minutes – Ordinary Meeting of Council 15 October 2015 Page 69 of 70

With regard to Item 9.2.4 Cr D Male declared a Financial Interest as “An associated company trading from the address is a client of my business” and departed the Chambers at 5.46pm.

9.2.4 RFF AUSTRALIA PTY LTD (OLD BROOME LOCK UP)

LOCATION/ADDRESS: LOT 1, 22 CARNARVON STREET BROOME

APPLICANT: RFF AUSTRALIA PTY LTD

FILE: LSS062

AUTHOR: Property Administration Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 24 September 2015

SUMMARY: The LOT 1 No.22 Carnarvon Street ‘The Old Broome Lock-up’ lease expired on 1 September 2015. RFF Australia Pty Ltd has indicated that they wish to exercise the option to renew the lease for a further term of 3 years with a consideration of Council to enter into an additional 10 year term.

This report recommends approving the option to renew the lease for a further term of 3 years.

BACKGROUND

Previous Considerations

OMC 16 December 1997 Item 8.9

OMC 15 June 1999 Item 9.1.2

OMC 1 November 2002 Item 9.5.2

OMC 15 June 2004 Item 9.1.7

OMC 3 November 2005 Item 9.5.2

OMC 30 September 2010 Item 9.3.4

OMC 16 May 2013 Item 9.4.4

OMC 25 June 2015 Item 9.2.2

The building commonly referred to as the Old Broome Lockup at LOT 1 NO.22 Carnarvon Street, Broome is on a freehold parcel of land owned by the Shire of Broome. It is currently leased by RFF Australia Pty Ltd as a management consultancy business.

LOT 1 NO.22 Carnarvon Street is a 318sqm site located on the western side of Carnarvon Street within the ‘Town Centre’ zone. This site falls under the Chinatown Development Strategy area and features the State Heritage Listed ‘Old Broome Lock Up” and “Boab Tree” and is also classified on the National Trust list.

This building was constructed in 1895 in association with the original Broome Police Station, which stood on the corner of Napier Terrace and Carnarvon Street. While other buildings were demolished, The Old Broome Lock Up has remained. This site is now operated as an office space and restaurant. Council resolved to grant planning approval at OMC on 25 June 2015 to allow for additional usage as a restaurant which has allowed for improved public access to these heritage sites. RFF Australia’s Old Broome Lock Up Cafe has improved activation of the southern end of Carnarvon Street and reactivated the historical site through a low impact development.

RFF Australia plan to continue to contribute to the activation of Chinatown whilst enhancing opportunities for historical tourism in Broome. To achieve these goals they wish to secure long term tenure over this site.

COMMENT

RFF Australia Pty Ltd has indicated that they wish to exercise the option to renew the lease for a further term of 3 years with a consideration of Council to enter into an additional 10 year term.

The following options are presented for the consideration of Council:

Option 1 - Exercise option to renew lease for a further term of 3 years.

The current lease on LOT 1 NO.22 Carnarvon Street expired on 1 September 2015 with an option to renew for a further term of 3 years. Email correspondence dated 16 March 2015 was received from the lessee who indicated that they wished to exercise the option of a further 3 year term. A market valuation as per Clause 5 of the lease allows a market valuation to be carried out in August 2016 within the existing lease.

Option 2 - Private disposition to negotiate new lease for a 10 year term.

RFF Australia has requested via email correspondence on the 23 June and 26 August 2015 a consideration of Council to enter into an additional 10 year lease term. This could be achieved through a private disposition as per Local Government Act 1995 Section 3.58, to allow a new lease for a 10 year term.

For Council to consider the option of a new lease, the existing lease would need to be surrendered by RFF Australia Pty Ltd. To enter into a private disposition with RFF Australia, a market valuation would be carried out prior to public advertisement. Council would advertise the disposition of the demised area and seek public comment for a period no less than 2 weeks.

SUMMARY

RFF Australia has invested capital into the established offices and now a restaurant at the site. RFF have met all planning requirements and have to date fulfilled all obligations under the current lease. Officers recommend that Council exercise the option to renew the existing lease for a further term of 3 years.

Officers recommend that Council consider developing a policy to guide consideration of property disposal under private disposition as per Local Government Act 1995 Section 3.58.

CONSULTATION

Heritage

The subject site, place number 60 on the Shire’s Municipal Heritage Inventory, features the State Heritage listed ‘Old Gaol’ (‘Old Broome Lockup’) and ‘Boab Tree’. The site is also classified on the National Trust. In view of these designations, the application was referred to the State Heritage Office for comment on 2 April 2015 with advice received 1 May 2015. Comments received are included under the Officer’s comment section of the report.

China Town Redevelopment Plan

A key objective for the Chinatown Conservation Area as set out under Part 8.0 ‘Heritage’ of the Chinatown Development Strategy (CDS) is to ensure that infill development and new land-use maintains the heritage authenticity and built form character of the conservation area

STATUTORY ENVIRONMENT

Local Government Act 1995

3.58. Disposing of property

(1) In this section —

“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

“property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to —

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition —

(i) describing the property concerned;

(ii) giving details of the proposed disposition; and

(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given; and

(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

(a) the names of all other parties concerned;

(b) the consideration to be received by the local government for the disposition; and

(c) the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5) This section does not apply to —

(a) a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d) any other disposition that is excluded by regulations from the application of this section.

[Section 3.58 amended by No. 49 of 2004 s. 27.]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Option 1 - Exercise Option to renew lease for a further term of 3 years.

Current net rental based on an approximate lease site of 318m² with a NLA of 65 m²is $10,400 p.a. plus outgoings. These figures are exclusive of GST.

A market valuation as per Clause 5 of the lease allows a market valuation to be carried out in August 2016 with the existing lease.

RFF Australia Pty Ltd being responsible for all associated costs for the preparation of lease documents.

Option 2 - Private disposition to negotiate new lease for a 10 year term.

If Council resolve to enter into a private disposition with RFF Australia, then a market valuation will be carried out prior to public advertisement as detailed in Local Government Act 1995, Section 3.58.

RFF Australia Pty Ltd being responsible for all associated costs, including valuation and preparation of lease documents.

RISK

Option 1 - Exercise Option to renew lease for a further term of 3 years.

Low risk to the Shire of Broome as this is a continuation of the lease and rental income is maintained.

Option 2 - Private disposition to negotiate new lease for a 10 year term.

Members of the community could criticise the Shire if they perceive the process has not been conducted in a transparent manner providing opportunities for other local business’s to utilise this site. This poses a medium risk to the Shire as a private disposition policy has not been adopted by council to guide this process. The development of a Policy would reduce this to a low risk.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Participation in recreational activity

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:

A unique natural environment for the benefit and enjoyment of current and future generations

A preserved, unique and significant historical and cultural heritage of Broome

Retention and expansion of Broome’s iconic tourism assets and reputation

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:

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey Seconded: Cr M Manado

That Council,

1. Agrees to the request from RFF Pty Ltd to exercise the option to renew the lease for a further term of 3 years for LOT 1. 22 Carnarvon Street and authorise the Chief Executive Officer and Shire President to engross the extension to lease documents.

2. Request the Chief Executive Officer to develop a policy to guide consideration of property disposal under private disposition as per Local Government Act 1995 Section 3.58.

CARRIED UNANIMOUSLY 7/0

Cr D Male returned to the Chambers at 5.48pm and the Chairperson read aloud the resolution for the benefit of Cr D Male.

Attachments

Nil

Minutes – Ordinary Meeting of Council 15 October 2015 Page 74 of 75

With regard to Item 9.2.5 Cr M Manado disclosed that “ I have an association with Yawuru PBC ordinary member. As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

9.2.5 Yawuru Park Council - Draft 2015/16 Yawuru Conservation Estate Budget

LOCATION/ADDRESS: Yawuru Conservation Estate

APPLICANT: Yawuru Park Council

FILE: NAT55; NAT55.1

AUTHOR: Coastal Park Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 16 September 2015

SUMMARY: The Department of Parks and Wildlife presented the draft 2015/16 Yawuru Conservation Estate Budget, the July 2015 Yawuru Trust Account and the Yawuru Park Council 2014/15 Statement of Income and Expense to the Yawuru Park Council Senior Officers Group for review on 4 September 2015.

This report recommends that Council notes the July 2015 Yawuru Trust Account and the Yawuru Park Council 2014/15 Statement of Income and Expense.

The report also recommends that Council endorse the draft 2015/16 Yawuru Conservation Estate Budget with a reduced scope of work for the Gurlbanwila (Dog Rocks) Project and request the Yawuru Park Council to develop a 5 year Yawuru Conservation Estate Capital Works Program.

BACKGROUND

Previous Considerations

Yawuru Conservation Estate	OMC	27 November 2014	Item 10.2
	OMC	29 October 2009	Item 9.1.1
Yawuru Park Council Representation	OMC	22 May 2014	Item 10.2
	OMC	21 November 2013	Item 9.4.6
	OMC	30 September 2010	Item 9.1.1
Yawuru Park Council Budget	SMC	12 May 2015	Item 7.1
In Town Management Plan	OMC	21 February 2013	Item 9.2.13
	OMC	19 April 2012	Item 9.2.4
	OMC	15 March 2011	Item 9.4.8
Out of Town Management Plan	OMC	29 May 2013	Item 9.2.1
	OMC	4 October 2012	Item 9.2.1

In 2010, the Indigenous Land Use Agreements (ILUA) between the State and Yawuru were registered and executed. Included in the Agreements were new areas of Conservation Estate to be jointly managed in a variety of management regimes by Yawuru NBY, the Department of Parks and Wildlife (DPaW) and the Shire of Broome (SoB). Areas included the proposed Roebuck Bay Marine Park, intertidal and land based areas outside of the Broome Townsite, as well as areas within the Broome Townsite. Management of the new areas of the Yawuru Conservation Estate (YCE) is overseen by the Yawuru Park Council (YPC) which comprises three representatives each from Yawuru NBY, DPaW and the SoB. The State Government provided a budget for the YCE of $11,500,000 over a 4 year period from 2010/11 to 2013/14.

The table below identifies the various areas within the Yawuru Conservation Estate, and the YPC voting and tenure responsibilities.

Conservation Estate Area	YPC Voting and Tenure Responsibility
Minyirr Buru.(In-Town Conservation Estate)	Yawuru NBY and Shire of Broome.
Cable Beach Intertidal Zone (currently within the Out of Town Conservation Estate). Located approximately 600 metres north of the rocks and is referenced as Area 25 Portion 1 & 2 ITZ Tri-partite Management Area (Yawuru PBC ILUA).	Draft Management Plans and tri-partite arrangements yet to be developed.
Birragun. (Out-of-Town Conservation Estate)	Yawuru NBY and DPaW.
Nagulagun. (Marine Park)	Yawuru NBY and DPaW.
Yawuru Conservation Estate (YCE). (Matters relating to the whole of the Conservation Estate).	Yawuru NBY, Shire of Broome and DPaW (non land tenure issues). Occasionally YPC Agenda Items are submitted relating to the Estate as a whole (as an example the development of a communications plan, branding development and off road vehicles).

COMMENT

At 31 July 2015, there was $4,515,444 remaining in the Yawuru Trust Account. These current Yawuru ILUA funds are anticipated to extend past the funding timeframe by approximately three financial years to 2016/17. After this time it is unknown how the joint management arrangement will continue to be funded. Further external funding opportunities will need to be sought to boost the Yawuru ILUA funds, particularly for capital works which includes access and facility improvements.

Attachment A: Yawuru Trust Account Summary (at July 2015)

· At the end of July 2015, there was $4,515,444 remaining in the Yawuru Trust Account for the management of the whole of the Yawuru Conservation Estate.

Attachment B: Yawuru Trust Account - Financial Report (at July 2015 by Activity/Project)

· The Department of Parks and Wildlife have reformatted the Chart of Accounts to provide an overview of each Expense by Activity/Project.

Attachment C: Yawuru Park Council - Statement of Income & Expenditure (For Year ended 30 June 2015)

· This attachment provides the Yawuru Park Council – Statement of Income & Expenditure for the Year ended 30 June 2015, with revenue of $127,739 and expenditure of $1,214,817 resulting in a net expense of $1,087,078.

The draft 2015/16 YCE Budget has been prepared by DPaW and provided to Yawuru Park Council members for consideration. It also separates the existing Joint YCE Management Funds into budget areas such as Yawuru, In Town Reserves, Out of Town Reserves, Park Council and Marine.

The draft 2015/16 YCE Budget was presented to and endorsed by the Yawuru NBY Board in August 2015.

DPaW presented the draft 2015/16 YCE Budget to the Yawuru Park Council Senior Officers Group (YPC SOG) for information on 4 September 2015.

Attachment D: Draft Yawuru Conservation Estate Budget – Financial Year 2015/16 (Condensed)

· This attachment has been developed to provide a condensed overview of proposed budget spend for each Budget Area and associated Activity/Project (i.e. Yawuru, In Town Reserves, Out of Town Reserves, Park Council and Marine).

Attachment E: Draft Yawuru Conservation Estate Budget– Financial Year 2015/16

· This attachment provides a detailed overview and description of the draft 2015/16 Budget and a comparison with budgets from pervious financial years.

The proposed draft Budget total expenditure for the 2015/16 financial year is $ 2,940,787.

Proposed Capital Works in draft YCE 2015/16 Budget

Proposed Capital Works projects noted in the draft YCE 2015/16 budget are as follows:-

· Minyirr Park Staircase and Lookout

Proposed Budget: $231,682 (carry over project from 2014/15)

This project was funded by $100,000 Lotteries West Grant and $50,000 of developer contributions from the Six Season Subdivision. $81,682 was funded by Yawuru ILUA funds.

· Simpson Beach Carpark and Access

Proposed Budget: $203,304

This project was given a very high priority by the YPC as the existing access to Simpson Beach has been blocked by development undertaken by the Kimberley Port Authority on the eastern side of Port Drive.

· Site Improvements – Gurlbanwila (Dog Rocks)

Proposed Budget: $971,775

The boat launching track is badly eroded and the parking capacity above beach is limited. The proposed site improvement works will stabilising the boat launching track and provide additional parking.

It should be noted that Gurlbanwila (Dog Rocks) is also know Sabu Rocks/
Blackberry Tree and is located on the Man-Gulagun Rd to the southwest of the Broome Bird Observatory.

All three projects are in line with the Draft Recreation Master Plan which DPaW has developed for the YCE. However, Officers recommend that as there are other high priority YCE capital works projects that requiring funding, a reduced scope of work be undertaken at Gurlbanwila (Dog Rocks).

Other Potential Capital Works Projects not included in Draft YCE 2015/16 Budget

The draft YCE Recreation Master Plan identifies improvements to the various recreation nodes located both within the In Town and Out of Town Management areas. Due to very high visitor numbers, two locations at Gantheaume Pt (detailed below) have been identified by Shire Officers for YCE capital works funding.

· Gantheaume Point Beach Access

There is no definition to the parking area above the beach. Pedestrian and horse accesses are eroded, in poor condition and do not cater for current capacity. The vehicle access track to the beach is prone to erosion during wet season and is narrow with poor sight distance at the northern end immediate prior to beach.

The proposed scope of capital work includes:-

o formalise car parking above beach,

o parking area for boat trailers,

o formalise/improve vehicle access track to beach,

o replace management and interpretative signage, and

o provide dedicated pedestrian/horse access to beach.

· Minyirr (Gantheaume Point)

Site presentation is tired including interpretation signage, risk signage and toilet facility. Parking capacity is limited. Visitor risk management issues with cliff and coast. No defined end point or dedicated lookout opportunity.

The proposed scope of capital works includes:-

o increase capacity of parking area,

o replace interpretative signage and install additional signage,

o remove toilet facility and replace with increased capacity toilet facility,

o provide universal access path to lookout at Gantheaume Pt, and

o address cliff risk through fencing and signage.

YCE 5 Year Capital Works Program

The Draft YCE Recreation Master Plan has identified 10 recreation nodes and extensive walking trails within the In town Conservation Estate Area and 16 recreation nodes within the Out of Town Conservation Estate Area. With such a large number of recreation nodes requiring fund for upgrading, a 5 Year YCE Capital Works Program needs to be developed. To prioritise the development of the various recreation nodes, a project prioritisation assessment should be undertaken. A cost benefit analysis should also be undertaken on each recreation node to confirm the scope of development and appropriate allocation of YCE capital works funds.

Officers recommend that a 5 Year YCE Capital Works Program be developed using a project prioritisation assessment and a cost benefit analysis by DPaW and this Program be budgeted accordingly.

CONSULTATION

Department of Parks and Wildlife

Nyama Buru Yawuru

Yawuru Park Council (YPC)

YPC Senior Officers Group

YPC Working Group

STATUTORY ENVIRONMENT

Local Government Act 1995

Land Administration Act 1997 - Section 49

“49 . Management plan for managed reserve

(1) A management body may submit to the Minister for his or her approval a plan for the development, management and use of the Crown land in its managed reserve for the purpose of that managed reserve.

(2) The Minister may request a management body or proposed management body to submit to the Minister in an approved form, within such period as is specified in that request, for his or her approval a plan for the development, management and use of the Crown land in the managed reserve of the management body for the purpose of that managed reserve.

(3) A management body must, before submitting a plan to the Minister under subsection (1) or in response to a request under subsection (2) —

(a) consider any conservation, environmental or heritage issues relevant to the development, management or use of the Crown land in its managed reserve for the purpose of that managed reserve; and

(b) incorporate in the plan a statement that it has considered those issues in drawing up the plan.

(4) If a management body submits a plan to the Minister under subsection (1) or in response to a request under subsection (2) and the Minister approves that plan and notifies the management body of that fact, the management body may develop, manage and use the Crown land concerned —

(a) in accordance with the plan; or

(b) if the Minister approves a variation of the plan, in accordance with the plan as varied.”

Conservation and Land Management Act 1984 (WA) (Conservation Commission)

CALM Act (Executive Body)

Assistance Agreement (AA) - Section 33(1)(f) CALM Act 1984 (WA)

“33 . CEO, functions of

(1) The functions of the CEO are, subject to the direction and control of the Minister —

(f) to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest; “

Marine Parks and Reserves Authority (Section 26A of the CALM Act - Marine Authority)

Dog Act 1976

Cat Act 2011

Control of Vehicles (Off-road Areas) Act 1978

Control of Vehicles (Off-road Areas) Regulations 1979

POLICY IMPLICATIONS

Shire of Broome Yawuru Park Council Policy 1.5.1.

Note there is no delegation to the Shire of Broome Yawuru Park Council representatives.

ASSOCIATED DOCUMENTS

· Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015;

· Yawuru Birragun Conservation Park draft management plan 2015;

· Yawuru Prescribed Body Corporate Indigenous Land Use Agreement – Broome (Yawuru PBC ILUA), and the

· Yawuru Area Agreement Indigenous Land Use Agreement – Broome (Yawuru AA ILUA)

o Joint Management Agreement (JMA)

o Assistance Agreement (AA)

FINANCIAL IMPLICATIONS

The adoption of the draft 2015/16 YCE Budget with the associated capital works projects will have a significant impact on the balance remaining in the Yawuru Trust Account.

Yawuru Trust Account Balance (at 31 July 2015) $4,515,444

Proposed Draft 2015/16 YCE Budget $2,940,787

Estimate Yawuru Trust Account Balance at 30 June 2016 $1,574,657

The Statement of Income & Expenditure for the Year ended 30 June 2015 resulted in a net expense of $1,087,078. As no significant capital works were undertaken in 2014/15, this expenditure primarily covered operational expenses.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

A unique natural environment for the benefit and enjoyment of current and future generations

A preserved, unique and significant historical and cultural heritage of Broome

Retention and expansion of Broome’s iconic tourism assets and reputation

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

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

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

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr A Poelina

That Council:

1. Notes the July 2015 Yawuru Trust Account Balance and the Yawuru Park Council 2014/15 Statement of Income and Expense;

2. Endorses the draft 2015/16 Yawuru Conservation Estate Budget with a reduced scope for the Site Improvement Works at Gurlbanwila (Dog Rocks)

3. Requests the Yawuru Park Council to develop a 5 year Yawuru Conservation Estate Capital Works Program using a project prioritisation assessment and a cost benefit analysis, and that this Program be budgeted accordingly.

4. Authorises its Yawuru Park Council delegates to inform the Yawuru Park Council of this resolution.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Attachment A_Yawuru Trust Account (as at July 2015)
2.	Attachment B_Yawuru - YWU - Financial Report - July 2015 by Project xls
3.	Attachment C_ Proposed YPC Chart of Accounts_Statement of Income and Expenditure (Year ended 30 June 2015)
4.	Attachment D_Yawuru Budget FY15_16_(Condensed)
5.	Attachment E_Yawuru Expenditure at 31 July 2015 with 15-16 budget

Minutes – Ordinary Meeting of Council 15 October 2015 Page 82 of 83

With regard to Item 9.2.6 Cr G Campbell declared a Proximity Interest as “director of company that leases property immediately adjacent to subject property” and departed the Chambers at 5.55pm.

Cr H Tracey assumed the Chair.

9.2.6 TOWN BEACH LEASE

LOCATION/ADDRESS: PORTION RESERVE 17132 - TOWN BEACH CAFE

APPLICANT: BRUCE AND ANNE CHAMBERLAIN

FILE: LSS.034 AND RES 17132

AUTHOR: Property Administration Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: NIL

DATE OF REPORT: 15 October 2015

SUMMARY:

The existing lease agreement for Town Beach Café - Portion of Reserve 17132 expires on 28 February 2016. The current tenants Bruce and Anne Chamberlain have requested to enter into a new lease arrangement.

This report recommends Council consider a new lease with Bruce and Anne Chamberlain for a period of 2 years with a 1 year option.

BACKGROUND

Previous Considerations

OMC 16 October 1990 Item 3.2

SCM 11 December 1990 Only item

OMC 16 October 1990 Item 3.2

SCM 8 May 1997 Item 4

OMC 23 March 2004 Item 9.1.5

OMC 21 December 2004 Item 9.17

OMC 25 August 2005 Item 9.4.1

OMC 18 September 2005 Changes to SCM 25 August 2005

OMC 3 November 2005 Item 9.4.3

OMC 17 December 2008 Item 9.4.7

OMC 28 October 2010 Item 9.2.6

OMC 17 February 2011 Item 9.2.5

On March 1, 2011, Council entered into a lease for the Town Beach Cafe with Bruce and Anne Chamberlain for a term of 3 years with a further 2 year term. This lease is due to expire on February 28, 2016.

Council’s Old Broome Development Strategy identifies the Town Beach area as Public Open Space, and the Concept Plan provides guidance on how this area in the precinct can be enhanced. The Concept Plan identifies the following improvements for the immediate area surrounding the Town Beach Cafe:

· Jetty to Jetty foreshore path;

· Demco Beach Foreshore Path

· Improvements to Town Beach vehicle and boat trailer parking;

· Town Beach boat ramp upgrade;

· Relocation of the Town Beach cafe;

· Water Park Extension;

· Preservation of Pioneer cemetery; and

· Development of safe swimming area.

Town Beach is part of Broome’s coast, forming part of the cultural, spiritual and economic lifestyle in Broome. With its constant change in look due to its tidal variations, Town Beach is the gateway to Roebuck Bay. It is also readily accessible to local residents and within safe walking distance for both children and old people, and would form part of the jetty to jetty development plan.

The Town Beach Cafe property comprises a single level detached purpose built cafe/restaurant and is situated within the Town Beach reserve and foreshore adjoining parkland/lawn area, which includes a children’s playground and water park as well as public ablutions. The alfresco dining area has uninterrupted water views over Roebuck Bay.

The Town Beach Cafe is located on the Northern portion of Reserve 31340 which has an area of 8.7ha. The area is developed for recreational purposes; it contains the caravan park and also the Town Beach Cafe with a lease area of 178m².

The Reserve has a Management Order with the Shire of Broome for the purpose of “Drainage, Recreation (Bathing) and Tourist /Historical Display”. The Shire is able to lease under the Management Order subject to approval being obtained in writing from the Minister for Lands to each lease or assignment of lease for a period not exceeding 21 years.

The original lease for Town Beach Cafe was undertaken under an open tender process and commenced on 5 December 2005 for an initial term of 3 years with a further 2 year option. The lease was assigned to Greisner Enterprises who exercised the 3 year term and 2 year option in accordance with the lease. The business was subsequently sold and assigned to the current lessee (Bruce and Anne Chamberlain) effective 19 January 2009.

Council considered a submission from Bruce and Anne Chamberlain for the proposed cafe on Reserve 17132 at its meeting on 17 February 2011and resolved:

That Council having complied with Section 3.58 (3) and (4) of the Local Government Act and having received no submissions:

1. Agrees to renew the lease of the Town Beach Kiosk/Café with Bruce and Anne Chamberlain for an initial period of three (3) years with a further two (2) year option and delegates authority to the Chief Executive Officer to negotiate the terms and conditions of the lease subject to:

a) Consent of the Minister of Lands being obtained.

b) The lease area being in accordance with the current lease agreement (café and paved shaded area and in accordance with Annexure A).

c) The initial rental being $59,000.00 per annum plus outgoings and GST.

d) Rental increases being based on annual CPI increases, with a market rental review being carried out after three (3) years to coincide with the commencement of the two (2) year option period if exercised.

e) The lessee reimbursing the Shire of Broome for all legal and associated costs in preparing the lease and during the lease term.

f) The lessee reimbursing the Shire of Broome for any market rental reviews undertaken during the term of the lease.

g) The lessee ensuring that all relevant bylaws and regulations (Federal, State and Local Government) are complied with.

h) The lease commencing on 1 March 2011.

2. Authorises the Shire President and Chief Executive Officer to engross the final lease documentation.

COMMENT

The existing lease agreement for Town Beach Café - Portion of Reserve 17132 expires on 28 February 2016. Officers recommend the term of a new lease be offered with a 2 year term and a 1 year option to allow Council to:-

· Investigate other development opportunities in the Town Beach Precinct as identified in the Old Broome Development Strategy

· Allow the lease to run concurrent with the Roebuck Bay Caravan Park

· Liaise with the Department of Lands regarding other potential active uses and land tenure matters within Reserve 31340.

· Maintain rental income from the existing Town Beach Cafe.

The current tenants Bruce and Anne Chamberlain have requested to enter into a new lease arrangement with the following initiatives, noted within their letter:

1) The Chamberlains will paint the roof at their expense.

2) The Chamberlains will replace the floor brickwork of the alfresco area at their expense.

3) In return for the capital works the Chamberlains have requested a reduction in the annual rental rate.

The following options are presented for consideration of Council:

Option 1 – Call Public Tenders for a new lease agreement (2 +1 year term)

The existing lease agreement for Town Beach Café - Portion of Reserve 17132 expires on 28 February 2016. Council could consider disposing of the property by calling for a public tender. This process would allow Council to consider the most appropriate submission as per Local Government Act 1995 section 3.58. It should be noted that Bruce and Anne Chamberlain can provide a submission through this process.

Option 2 - Private disposition to negotiate new lease (2 + 1 year term)

Council could consider disposing of the property to Bruce and Anne Chamberlain through a private disposition as per Local Government Act 1995 Section 3.58, and allow a new lease for 2 years with a 1 year option.

To enter into a private disposition with Bruce and Anne Chamberlain, a market valuation would be carried out prior to public advertisement. Council would advertise the disposition of the demised area and seek public comment for a period of no less than 2 weeks.

Any submissions received would be assessed, evaluated and a report submitted to Council. If no submissions are received, then Officers request Council give authority for the Chief Executive Officer to negotiate final terms of the new lease with Bruce and Anne Chamberlain for a period of 2 years with a 1 year option, in addition to the Chief Executive Officer and Shire President being authorised to engross the lease document.

SUMMARY

Officers recommend Council consider entering into a private disposition with Bruce and Anne Chamberlain for a term of 2 years with a 1 year option and delegate’s authority to the Chief Executive Officer to negotiate the terms and conditions of the lease.

Officers consider that this option provides the best value to the Shire of Broome whilst supporting an existing local business and allowing Council time to further develop concepts contained within the Old Broome Development Strategy.

CONSULTATION

Bruce and Anne Chamberlain

STATUTORY ENVIRONMENT

Local Government Act 1995

3.58. Disposing of property

(1) In this section —

“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

“property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to —

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition —

(i) describing the property concerned;

(ii) giving details of the proposed disposition; and

(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

and

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

(a) the names of all other parties concerned;

(b) the consideration to be received by the local government for the disposition; and

(c) the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5) This section does not apply to —

(a) a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d) any other disposition that is excluded by regulations from the application of this section.

[Section 3.58 amended by No. 49 of 2004 s. 27.]

Land Administration Act 1997

18. Various transactions relating to Crown land to be approved by Minister

(1) A person must not without authorisation under subsection (7) assign, sell, transfer or otherwise deal with interests in Crown land or create or grant an interest in Crown land.

(2) A person must not without authorisation under subsection (7) —

(a) grant a lease or licence under this Act, or a licence under the Local Government Act 1995, in respect of Crown land in a managed reserve; or

(b) being the holder of such a lease or licence, grant a sublease or sublicense in respect of the whole or any part of that Crown land.

(3) A person must not without authorisation under subsection (7) mortgage a lease of Crown land.

(4) A lessee of Crown land must not without authorisation under subsection (7) sell, transfer or otherwise dispose of the lease in whole or in part.

(5) The Minister may, before giving approval under this section, in writing require —

(a) an applicant for that approval to furnish the Minister with such information concerning the transaction for which that approval is sought as the Minister specifies in that requirement; and

(b) information furnished in compliance with a requirement under paragraph (a) to be verified by statutory declaration.

(6) An act done in contravention of subsection (1), (2), (3) or (4) is void.

(7) A person or lessee may make a transaction under subsection (1), (2), (3) or (4) —

(a) with the prior approval in writing of the Minister; or

(b) if the transaction is made in circumstances, and in accordance with any condition, prescribed for the purposes of this paragraph.

(8) This section does not apply to a transaction relating to an interest in Crown land if —

(a) that land is set aside under, dedicated or vested for the purposes of an Act other than this Act, and the transaction is authorised under that Act;

(b) that interest may be created, granted, transferred or otherwise dealt with under an Act other than —

(i) this Act; or

(ii) a prescribed Act;

(c) an agreement, ratified or approved by another Act, has the effect that consent to the transaction was not required under section 143 of the repealed Act; or

(d) the transaction is a lease, sublease or licence and the approval of the Minister is not required under section 46(3b).

[Section 18 amended by No. 59 of 2000 s. 8(1) ‑(5) 5.]

Local Government Act 1995 - Shire of Broome Standing Orders Local Law 2003

Part 19 - Common Seal

19.1 The Council’s Common Seal

(2) The common seal of the Shire may only be used on the authority of the Council given either generally or specifically and every document to which the seal is affixed must be signed by the President and the CEO or a senior employee authorised by him or her.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Café is an established business with an estimated income of $62,104.68 ex GST per annum.

Option 1 – Call Public Tenders for a new lease agreement

The cost for WALGA to undertake a tender process is estimated at $7,000. However, this amount has not been budgeted for in the 2015/16 annual budget. The tender process could be undertaken in house, however would result in reprioritizing other budgeted projects and may impact on deliverables, deadlines and service.

The lessee will reimburse the Shire of Broome for all costs associated with the new lease, including legal fees and a market rental review.

Option 2 - Private disposition to negotiate new lease

Approximate cost to undertake the public notice of the proposed disposition is estimated at $300. This amount has been budgeted for within the 2015/16 annual budget.

The lessee will reimburse the Shire of Broome for all costs associated with the new lease, including legal fees and all market valuation costs.

RISK

Option 1 – Call Public Tenders for a new lease agreement

This option poses a medium risk with the possibility that no submissions are received due to the relatively short length of tenure offered, which could limit the ability of a new businesses to establish.

There is a low financial risk by engaging WALGA to undertake the tender process as this has not been budgeted for in the 2015/16 annual budget and funds would need to be found through savings in the first Quarter Financial and Cost Review.

Option 2 - Private disposition to negotiate new lease

Members of the community could criticise the Shire if they perceive that a tender process has not been conducted which provides opportunities for other local businesses to utilise this site.

This poses a low risk to the Shire as a private disposition is allowed under the Local Government Act 1995. However, the development of a Private Disposition Policy would reduce this risk to very low.

STRATEGIC IMPLICATIONS

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

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

A built environment that reflects arid tropical climate design principles and historical built form

A unique natural environment for the benefit and enjoyment of current and future generations

A preserved, unique and significant historical and cultural heritage of Broome

Retention and expansion of Broome’s iconic tourism assets and reputation

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

Council is able to mobilise resources to deliver municipal services to Indigenous communities that are compliant, effective and within Council’s capacity.

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

Affordable land for residential, industrial, commercial and community use

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council in accordance with the provisions of Section 3.58(3) of the Local Government Act 1995, provides Local Public Notice of its intention of entering into a disposition for the Town Beach Café - Portion of Reserve 17132 for a term of 3 years (2 years plus an option for a further 1 year term) with Bruce and Anne Chamberlain from 28 February 2016 in accordance with option 2 subject to:

a) Consent of the Minister of Lands being obtained.

b) Rental amount to be reflective of the current market valuation

c) Rental increases to be based on annual CPI increases

d) Chief Executive Officer to negotiate the rental terms with the lessee taking into consideration the market valuation of the property and the maintenance request from the tenant

e) The lessee reimbursing the Shire of Broome for all legal and associated costs in preparing the lease and during the lease term.

f) The lessee reimbursing the Shire of Broome for the market rental review undertaken during the term of the lease.

g) The lessee to ensure that all relevant bylaws and regulations (Federal, State or Local Government) are complied with.

CARRIED UNANIMOUSLY 7/0

Cr G Campbell returned to the Chambers at 6.01pm and Cr H Tracey read aloud the resolution for the benefit of Cr G Campbell.

Attachments

Renewal of Property Lease, Town Beach Cafe Broome - dated 28 April 2015 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

Old Broome Development Strategy

Opteon Valuation Report (Confidential to Councillors and Directors Only)

Minutes – Ordinary Meeting of Council 15 October 2015 Page 90 of 91

9.2.7 Administration of Remote Access Road Funds for Bidyadanga Community Access

LOCATION/ADDRESS: Bidyadanga Community Access

APPLICANT: Nil

FILE: BID-1/GEN

AUTHOR: Development and Subdivision Engineer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 30 September 2015

SUMMARY: The Shire of Broome has been requested by Main Roads Western Australia to administer Remote Access Road funds for grading of the unsealed portion of the Bidyadanga Community Access.

Council has previously resolved to withdraw from any further work on Bidyadanga Community Access until such time as it is dedicated as a road.

This report recommends that the Shire administer the funds on this occasion, however, not administer any further funds until the road is formally dedicated.

BACKGROUND

Previous Considerations

OMC 19 March 2009 Item 9.5.3

OMC 28 October 2010 Item 9.4.1

OMC 17 May 2012 Item 9.4.3

Previous to 17 May 2012, the Shire of Broome accepted responsibility for both maintenance and capital roadworks on the Bidyadanga Community Access. Council initiated, paid for and constructed approximately 7.45km of sealed community access and maintained the remaining 5.45km gravel unsealed section using Remote Access Road funds, even though the Bidyadanga Community Access was not a dedicated public road.

Council resolved at the OMC 19 March 2009 to correct this anomaly by requesting the Minister to dedicate the Bidyadanga Community Access as a road.

The excision of land for a road reserve required consent from the lessees, as the access is located within the Frazier Downs pastoral leasehold. Land for the road reserve was required to be excised from the lease before the Minister could dedicate it as a “Road”. The lease is held by the Karajarri Traditional Lands Association (KTLA).

The Lessees were consulted regarding the proposed dedication in 2011, and did not consent to the surrender or excision part of their pastoral lease for the purpose of the dedication of Bidyadanga Road for no financial compensation. The grading, upgrading and future maintenance of Bidyadanga Road by the Shire of Broome was not regarded by the KTLA to be valid consideration.

Whilst negotiations continued regarding the dedication of the road, the Shire continued to undertake maintenance using gravel from the gravel pit on Frazier Downs for the sole purpose of making improvements to the Bidyadanga Community Access.

In September 2010, KTLA advised the Shire that the access fee for the gravel pit had increased to $4/m³, however no evidence to support the calculation of the new rate was provided and it was considered excessive.

Given the above, it was not considered appropriate for the Shire to continue to take an active role in the construction and maintenance of the Community Access as it was;

· not a dedicated road under the Shire’s care and control;

· not a Shire asset;

· public liability risk was high, and

· it was likely to be funded under a future Bilateral Agreement for municipal services for Aboriginal communities.

In April 2012, the CEO of the Shire of Broome also consulted with the Department of the Premier and Cabinet about the matter. The Department of the Premier and Cabinet’s Native Title Unit advised that the State Government did not have the authority to require the KTLA to vest the road.

Attachment 1: Correspondence between the CEO of Shire of Broome and Department of the Premier and Cabinet Native Title Unit.

At the OMC 17 May 2012, Council resolved;

That Council;

1) Authorises the Chief Executive Officer to undertake further discussions with the

Lessees of the Frazier Downs Pastoral Lease in relation to reaching agreement on this;

2) Withdraws from any further work on Bidyadanga Road until such time as the road is dedicated and adequate funding is made available for construction and maintenance;

3) Advises the Karijarri Traditional Lands Association, Bidyadanga Community and

Funding Bodies that Council will not accept responsibility for the road as it is not a dedicated road.

Since that time, no agreement has been reached with the Lessees regarding access to the gravel pit and the formal dedication of the road. As such, the Shire has not undertaken any maintenance or improvement works on Bidyadanga Community Access since the resolution of Council on 17 May 2012.

COMMENT

Main Road Western Australia (MRWA) was requested by the Bidyadanga Aboriginal Community to provide financial assistance for maintenance grading of the unsealed section of Bidyadanga Community Access. MRWA agreed to provide $5000 of Remote Access Road funds to assist with the works, however are unable to pay the grant directly to Bidyadanga Aboriginal Community under their administration procedures.

As the grant can only be paid by MRWA directly to a Local Government, MRWA have requested that the Shire of Broome receive the funds from MRWA and administer the payment to the Bidyadanga Aboriginal Community.

Officers recommend that the Shire administer the 2015/2016 Remote Access Road funding for Bidyadanga Community Access on behalf of Main Roads WA on a once-off basis, and on the condition that the Shire of Broome accepts no responsibility for the work undertaken by the Bidyadanga Aboriginal Community and their contractors.

Officers also recommend Main Roads WA and the Bidyadanga Aboriginal Community are advised that no further Main Roads WA Remote Access Road funds will be administered through the Shire of Broome for Bidyadanga Community Access as it is not a dedicated road.

CONSULTATION

Main Roads WA

STATUTORY ENVIRONMENT

Land Administration Act 1997

Local Government Act 1995 - Schedule 3.2 – Particular things local governments can do on land even though it is not local government property

Section 3.27 (1)

1. Carry out works for the drainage of land.

2. Do earthworks or other works on land for preventing or reducing flooding.

3. Take from land any native growing or dead timber, earth, stone, sand, or gravel that, in its opinion, the local government requires for making or repairing a thoroughfare, bridge, culvert, fence, or gate.

Section 3.36 applies.

Section 3.27(3) applies.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Shire of Broome will administer the MRWA Remote Access Road funds for Bidyadanga Community Access on behalf of MRWA, and no additional funding from the Shire of Broome will be allocated.

Shire of Broome staff time to administer the funds would be covered under existing operational budgets.

RISK

The risk of not administering the funds from MRWA to Bidyadanga Aboriginal Community is considered be a “High” risk, as it would be considered “Likely” that there would be
“Moderate” impact to the Shire’s reputation for not providing assistance. This risk would be mitigated if the Shire agrees to administer the funds on a once-off basis to the Bidyadanga Aboriginal Community.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr A Poelina

That Council:

1. Notes that Bidyadanga Community Access is not a dedicated road under the care, control or management of the Shire of Broome;

2. Authorises the Chief Executive Officer to administer 2015/2016 Remote Access Road funding for the Bidyadanga Community Access on behalf of Main Roads WA on a once-off basis to the Bidyadanga Aboriginal Community; on the condition that the Shire of Broome accepts no responsibility for the work undertaken by the Bidyadanga Aboriginal Community and their contractors;

3. Advises Main Roads WA and the Bidyadanga Aboriginal Community that no further Main Roads WA Remote Access Road funds will be administered through the Shire of Broome for Bidyadanga Community Access as it is not a dedicated road.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Correspondence between the CEO of Shire of Broome and Department of the Premier and Cabinet Native Title Unit

Minutes – Ordinary Meeting of Council 15 October 2015 Page 101 of 102

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - JULY 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 August 2015

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 July 2015, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s Operations by Function and Activity.

BACKGROUND

Previous Considerations

Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.

Supplementary information bas been provided in the form of a General Fund Summary of Financial Activity, which discloses Council’s Revenue and Expenditure in summary form, by Programme (Function and Activity).

COMMENT

It is noted that at the time of preparation of the July Financial Activity Report that the Annual Budget for 2015/16 had not been adopted. The draft consolidated budget was prepared and presented to Council at briefings and numerous workshops held during April and May. This draft document was utilised for the purpose of reporting for the month.

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed 8%

Total Rates Raised Revenue 0%

Total Other Operating Revenue 4%

Total Operating Expenditure 6%

Total Capital Revenue 0%

Total Capital Expenditure 2%

Total Sale of Assets Revenue 0%

More detailed explanations of variances are contained in the notes to the monthly statement of financial activity. The commentary identifies significant variations between the expected year-to-date budget position and the position at the reporting date.

End of year adjustments are yet to be processed and the full Annual Financial Report will be presented to Council by October.

Based on the Draft Annual Budget 2015/2016 which was presented and adopted by Council on 13 August 2015, the end of year position at 30 June 2016 is predicted to be a deficit of $58,452.

CONSULTATION

Department of Local Government and Communities

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

1A) In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

1) A local government 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 regulation 22(1)(d), for that month in the following detail —

a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

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 paragraphs (b) and (c); and

e) the net current assets at the end of the month to which the statement relates

2) Each statement of financial activity is to be accompanied by documents containing —

a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

b) an explanation of each of the material variances referred to in subregulation (1)(d); and

c) such other supporting information as is considered relevant by the local government.

3) The information in a statement of financial activity may be shown —

a) according to nature and type classification;

b) by program; or

c) by business unit.

4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

b) recorded in the minutes of the meeting at which it is presented.

5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

a) is incurred in a financial year before the adoption of the annual budget by the local government;

b) is authorised in advance by resolution*; or

c) is authorised in advance by the mayor or president in an emergency.

(1a In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

2) Where expenditure has been incurred by a local government —

c) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

d) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

* Absolute majority required.

POLICY IMPLICATIONS

2.1.1 Materiality in Financial Reporting

FINANCIAL IMPLICATIONS

The adoption of the Monthly Financial Report is retrospective, and the utilisation of this information to direct the Chief Executive Officer would be prospective and subject to resolution.

Accordingly, the financial implications associated with adoption are Nil.

RISK

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the Quarterly Finance and Costing Review to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

It should also be noted that there is a possibility of a misrepresentation of the financials through either human error or potential fraudulent activity. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government Financial Management Regulation 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

STRATEGIC IMPLICATIONS

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

Affordable land for residential, industrial, commercial and community use

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Adopts the Monthly Financial Activity Report for the period ended 31 July 2015 and;

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 July 2015.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	July 2015 - Monthly Financial Activity Report

Minutes – Ordinary Meeting of Council 15 October 2015 Page 105 of 106

9.4.3 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - AUGUST 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 September 2015

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 August 2015, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s Operations by Function and Activity.

Additionally, Council is notified of material variances that have occurred since the adoption of the 2015/2016 annual budget, arising from fees associated with Legal Counsel on a State Administrative Tribunal matter regarding rate exemptions and unbudgeted income received for reimbursement of legal expenses incurred in 2014/2015.

BACKGROUND

Previous Considerations

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.1.1 Materiality in Financial Reporting.

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances

This report identifies two material variances that have occurred this financial year so far and are subsequently reported to Council in this report.

COMMENT

The 2015/2016 Annual Budget was adopted at the Special Meeting of Council on 13 August 2015.

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed 17%

Total Rates Raised Revenue 100% (of which 1% has been paid)

Total Other Operating Revenue 31%

Total Operating Expenditure 13%

Total Capital Revenue 7%

Total Capital Expenditure 2%

Total Sale of Assets Revenue 26%

End of year adjustments are yet to be processed and the full Annual Financial Report is intended to be presented to Council in October.

Based on the 2015/2016 Annual Budget which was presented and adopted by Council on 13 August 2015, the end of year position at 30 June 2016 is predicted to be a deficit of $58,452.

Further to this, Council is notified of two material budget variances. These differences represent permanent budget variances and will require budget amendments to be submitted as part of the first quarter Finance and Costing Review (FACR) process to the Audit Committee and then to Council.

Post Budget adoption, the Shire of Broome was required to seek Legal Counsel to attend a State Administrative Tribunal on Rate Exemptions. This is expected to be a lengthy proceeding due to the complexity of the issue, with estimates of legal costs reaching as high as $70,000. This will require an increase of the budget in general ledger (GL) code 30149 Legal & Rates Consulting Exp - Op Exp - Rates by $50,000 for legal expenses relating to the rates function. Secondly, on 13 August 2015, Council insurers advised of a successful reimbursement claim for legal expenses incurred in another SAT process in 2014/2015. Approximately $50,000 of unbudgeted income is to be received in GL code 106390 Reimbursements Received - Development Services for reimbursement revenue received relating to the Development Services function.