VISION OF COUNCIL

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

27 October 2016

 


OUR VISION

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                     Page 3 of 5

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

2015

17 December

 

 

 

 

 

 

 

 

 

2016

25 February

 

 

 

 

A

 

 

 

 

2016

31 March

 

 

 

 

LOA

 

 

 

 

2016

28 April

 

LOA

A

LOA

LOA

 

 

 

 

2016

26 May

 

 

A

 

 

 

LOA

 

 

2016

30 June

 

LOA

 

 

 

 

 

 

LOA

2016

28 July

 

 

 

 

 

 

 

 

 

2016

25 August

 

 

 

 

LOA

 

 

 

 

2016

29 September

 

A

 

 

 

LOA

 

 

 

 

·       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 5 1 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.]

 

 


AgendaOrdinary Meeting of Council 27 October 2016                                                                                 Page 5 of 6

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 27 October 2016

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 9

6.               Announcements by President Without Discussion.. 9

7.               Petitions. 9

8.               Matters for Which the Meeting May Be Closed.. 9

9.               Reports of Officers. 11

9.1      Our People. 12

9.1.1     HOUSEHOLD DOMESTIC REFUSE VOUCHERS. 13

9.1.2     REVIEW OF ACCOMMODATION NEEDS OF THE NOT FOR PROFIT SECTOR IN BROOME. 17

9.2      Our Place. 53

9.2.1     DEDICATION OF GANTHEAUME POINT BEACH ACCESS TRACK. 54

9.2.2     PROPOSED CARAVAN PARK - SANCTUARY ROAD, CABLE BEACH.. 61

9.2.3     SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES. 63

9.2.4     BROOME HISTORICAL MUSEUM - REQUEST FROM STATE HERITAGE OFFICE TO ENTER INTO A CONSENT ORDER. 136

9.2.5     COMMUNITY ENGAGEMENT STRATEGY - CABLE BEACH FORESHORE MASTER PLAN.. 146

9.2.6     RFQ 16/81 - ASPHALT SERVICES FOR BRAC HARD COURT RESURFACING.. 153

9.2.7     BROOME CHRISTMAS PARTY 2016 EVENT APPLICATION.. 160

9.2.8     INSTALLATION OF FIRE SERVICE IMPROVEMENTS - PASPALEY PLAZA - LOT 201 SHORT STREET, BROOME. 182

9.2.9     LEASE DISPOSAL SAM MALE LUGGER. 191

9.2.10  STATE ADMINISTRATIVE TRIBUNAL PROCEEDINGS - ROBERSON AND THE BEACH HUT WA PTY LTD V SHIRE OF BROOME. 197

9.3      Our Prosperity. 198

9.3.1     RFT16/08 - DESIGN AND CONSTRUCTION OF THE KIMBERLEY REGIONAL OFFICES. 199

9.3.2     TRADING LICENCES FOR COMMERCIAL CAMEL ACTIVITIES ON CABLE BEACH.. 200

9.4      Our Organisation.. 201

9.4.1     MONTHLY PAYMENT LISTING - SEPTEMBER 2016. 202

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2016. 230

9.4.3     ANNUAL REPORT 2015/2016. 345

9.4.4     CHIEF EXECUTIVE OFFICER PERFORMANCE APPRAISAL. 468

10.            Reports of Committee. 469

10.1      MINUTES OF THE AUDIT COMMITTEE MEETING HELD 11 OCTOBER 2016. 470

10.2      APPOINTMENT OF MEMBERS TO THE CHINATOWN STAKEHOLDER AND COMMUNITY REFERENCE GROUP. 570

10.3      MINUTES OF ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE MEETING HELD 21 SEPTEMBER 2016. 574

10.4      MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 13 OCTOBER 2016. 638

11.            Notices of Motion.. 1001

12.            Business of an Urgent Nature. 1001

13.            Questions by Members Of Which Due Notice Has Been Given.. 1001

14.            Matters Behind Closed Doors. 1001

15.            Meeting Closure. 1001

 


AgendaOrdinary Meeting of Council 27 October 2016                                                                                 Page 7 of 8

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 27 October 2016 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Acting Chief Executive Officer

 

20/10/2016

 


AgendaOrdinary Meeting of Council 27 October 2016                                                                                 Page 8 of 9

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:          Cr C Mitchell (as granted at the OMC held 29 September 2016)

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

The following questions were received from Martin Huber at the Ordinary Meeting of Council held 29 September 2016 and were taken on notice:

 

Question Two:

Why were responses to my questions not provided in the last Minutes?

 

Answer provided by Acting Director Corporate Services:

We wish to confirm that responses to the public questions you raised at the OMC held 25 August 2016 were provided at the meeting, and were included in the Minutes.

 

It is noted that extracts from the Minutes of the OMC’s held 30 June, 28 July and 25 August 2016 at which Mr Huber asked Public Questions were provide as attachments to the written reponse.

 

Question Three:

Does the Shire recognise and endorse the cultural significance of the Lurujarri Heritage Trail?

 

Answer provided by Director Development Services:

The Shire sought to have the Lurujarri Heritage Trail recognised as a Heritage Investigation Area in the Shire’s Local Planning Strategy in 2013. However, the Western Australian Planning Commission did not support this and requested that it be removed from the Local Planning Strategy.

 

The Lurujarri Heritage Trail was nominated for inclusion in the Shire’s Municipal Inventory in 2014.  At the time, it was not included in the Inventory, pending consultation with affected landowners.  This consultation with landowners and further consideration of the inclusion of the Trail in the Municipal Inventory will occur when a full review of the Municipal Inventory is undertaken.  At this stage, the full review of the Municipal Inventory is expected to occur in the 2017/2018 financial year, subject to availability of resources.

 

The Shire is aware that a number of sites along the Trail are protected under the Aboriginal Heritage Act 1972. 

 

Therefore, while the Lurujarri Heritage Trail is not formally recognised in any of the Shire’s statutory planning documents, the Shire through its actions has recognised the significance of the Trail and is aware it receives a level of protection through the Aboriginal Heritage Act 1972.

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 29 September 2016 be confirmed as a true and accurate record of that meeting.

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

9.2.2      PROPOSED CARAVAN PARK - SANCTUARY ROAD, CABLE BEACH

Item 9.2.2 and any attachments are 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”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.2.10    STATE ADMINISTRATIVE TRIBUNAL PROCEEDINGS - ROBERSON AND THE BEACH HUT WA PTY LTD V SHIRE OF BROOME

Item 9.2.10 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.3.1      RFT16/08 - DESIGN AND CONSTRUCTION OF THE KIMBERLEY REGIONAL OFFICES

Item 9.3.1 and any attachments are 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”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and 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”.

9.3.2      TRADING LICENCES FOR COMMERCIAL CAMEL ACTIVITIES ON CABLE BEACH

Item 9.3.2 and any attachments are 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”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.4.4      CHIEF EXECUTIVE OFFICER PERFORMANCE APPRAISAL

Item 9.4.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”, and as it contains “a decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting”, and section 5.23(2)(b) as it contains “the personal affairs of any person”.

 


 

9.

Reports

of

Officers


 

9.1

 

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.

 

Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.

 

Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                              Page 13 of 14

 

9.1.1      HOUSEHOLD DOMESTIC REFUSE VOUCHERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACC01; RES 40813.9

AUTHOR:                                                   Waste Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 September 2016

 

SUMMARY:         This report identifies which rating categories are eligible to receive household domestic refuse vouchers and recommends that Council delegate authority to the Chief Executive Officer to issue six (6) household domestic refuse vouchers per assessment for residential ratepayers within a rating category not eligible for the vouchers.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 09 August 2012                        Item 9.4.8

OMC 06 September 2012                Item 9.4.8

SMC 28 August 2013                         Item 9.4.1

SMC 27 June 2014                             Item 9.4.1

SMC 13 August 2015                         Item 6.3.2

 

At the Ordinary Meeting of Council held 09 August 2012, Council resolved to approve the fees and charges for 2012/2013; including a new fee of $8.00 per car, utility, or household trailer (7’ x 5’ max) containing domestic refuse only. In conjunction with the fee, Council resolved to supply each ratepayer with six (6) redeemable vouchers for this fee. This was the first year the household domestic refuse vouchers were issued.

 

At the special meeting of Council held 28 August 2013, Council again resolved to issue six (6) vouchers per assessment, however the resolution limited the automatic issue of the vouchers to all rateable non vacant properties in the GRV-Residential and GRV-Tourism categories. The added definition was to ensure that only residential rateable properties would receive the vouchers. It was recognised that in some circumstances there may be an anomaly whereby some properties have an approved caretakers residence on a rateable property within another category.

 

In recognition of this, Council resolved the following (this report addresses point 1b of the below resolution):

 

COUNCIL RESOLUTION:

Moved: Cr J Bloom                                                Seconded: Cr C Mitchell

That Council:                                                                                                               

1.         Adopts the fees and charges as attached for sanitation general refuse for the 2013/2014 financial year with the following variations:


a.    That The Shire of Broome issue 6 vouchers per assessment to all rateable non vacant properties in the GRV-Residential and GRV-Tourism categories for the free disposal of household domestic refuse up to one cubic metre per voucher;

 

            b.    That for the 2013/14 financial year only, the Chief Executive Officer be delegated discretionary authority to issue up to a maximum of 6 free vouchers per assessment of up to one cubic metre per voucher to residential ratepayers in other rating categories where the CEO determines there may be an anomaly; and

 

            c.    Requests the CEO to advise ratepayers who receive these vouchers that this is an interim voucher issue only which may or may not be continued in the future.

 

2.       Notes that a full land-use review will be commenced in the 2013/2014 financial year and that Council will consider potential changes to how fees and charges for sanitation general refuse are levied against each category when the review is completed in accordance with the Minister’s directions.

                                                                                                              CARRIED UNANIMOUSLY 7/0

 

Reason: To address anomalies, this is an interim measure until rates are reviewed.

 

Each year thereafter, with the adoption of the Sanitation General Refuse Fees and Charges, Council delegated the same authority to the CEO for the issue of up to six (6) household domestic refuse vouchers.

 

COMMENT

 

During the adoption of the fees and charges for 2016/17, an omission was made and the delegated authority to the Chief Executive Officer to issue the vouchers was not included.

 

Officers are recommending to Council that the delegation is continued and that the Chief Executive Officer is delegated the authority to issue up to a maximum of six (6) household domestic refuse vouchers per assessment to residential ratepayers in another rating category.

 

CONSULTATION

 

Nil

 

Note - It is estimated that up to thirty (30) requests are received each year for vouchers to non eligible assessments.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

6.16.  Imposition of fees and charges

 

(1)     A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed.

* Absolute majority required.

(2)     A fee or charge may be imposed for the following —

(a)    providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local

government;

(b)     supplying a service or carrying out work at the request of a person;

(c)    subject to section 5.94, providing information from local government records;

(d)    receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate;

(e)     supplying goods;

(f)      such other service as may be prescribed.

(3)     Fees and charges are to be imposed when adopting the annual budget but

may be —

(a)     imposed* during a financial year; and

(b)     amended* from time to time during a financial year.

* Absolute majority required.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The revenue collected from the 2016/17 Sanitation General Refuse Fees and Charges offset the cost of provision of the Shire’s Waste Management services. The issuing of vouchers will not impact the budget position for the Shire’s Waste Management services in 2016/17.

 

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 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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes that household domestic refuse vouchers were issued to all Residential GRV and Tourism GRV rating categories for 2016/2017; and

2.       Delegates authority to the Chief Executive Officer to issue up to a maximum of six (6) household domestic refuse vouchers per assessment for residential ratepayers in another rating category.

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 27 October 2016                                                                              Page 17 of 18

 

9.1.2      REVIEW OF ACCOMMODATION NEEDS OF THE NOT FOR PROFIT SECTOR IN BROOME

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           COS22

AUTHOR:                                                   Youth and Community Development Officer

CONTRIBUTOR/S:                                    Property and Leasing Senior Officer

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 October 2016

 

SUMMARY:         This report presents the findings of a study conducted into the accommodation needs of not for profit organisations in Broome. The report will provide the Shire of Broome with a basis for resource planning and strategic decision making. A number of recommendations have been made to assist the Shire in better meeting the needs of the not for profit sector in Broome.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014              Item 9.1.2

OMC 27 November 2014   Item 9.1.4

OMC 2 June 21015              Item 9.1.2

OMC 30 April 2015               Item 9.1.3

OMC 30 April 2015               Item 9.2.1

 

At the Ordinary Meeting of Council held 26 June 2014, Council considered a request from Landcorp seeking input into the possible development of childcare and community facilities in Broome North.  Council resolved the following at this meeting:

COUNCIL RESOLUTION:

Moved: Cr J Bloom                                Seconded: Cr C Mitchell

1.       Requests the Chief Executive Officer to work with LandCorp and other key stakeholders to develop a business case for a community facility that is developed by the Shire. The business case should include;

(a)    demand and viability of such a facility

(b)    start-up capital costs and funding options

(c)    land tenure issues

(d)    concept and usage including size and make up of a facility including complimentary uses (ie. a residential component)

(e)    assessment of different management models

(f)      on-going asset management and operational costs

(g)    potential revenue streams; and

(h)    a community engagement plan

2.       Requests the Chief Executive Officer to report back to Council regarding the progress of the business case prior to consideration of the Shire’s 2016/17 budget.

CARRIED UNANIMOUSLY 7/0

 

Lotterywest was originally approached regarding the possibility of funding for a consultant to develop the business case.  However, Lotterywest indicated that feasibility for such a project would be viewed as ‘core business’ of both Landcorp and the Shire with funding more likely to be provided for the capital aspect of the project.  Therefore, it was proposed that the business case be jointly developed ‘in-house’ and subject to available resources. 

 

Since then, a number of issues relevant to this matter have required consideration by Council including:

-     Lease of Broome Lotteries House and the capacity of Lotteries House Inc to maintain the lease; and

-     Lease of the old St John Ambulance building at Jones Place for the purposes of community use.

 

As a result of negotiations with Lotterywest surrounding the lease of Broome Lotteries House, it was acknowledged that several community organisations in Broome were experiencing hardship. It was identified that there is a need for capacity building and investigation into the accommodation needs of local community organisations.  Subsequently, Lotterywest had written, inviting the Shire to apply for funds to undertake a project of this nature. 

 

It was proposed that a project be undertaken to investigate the accommodation needs and the sustainability of not-for-profit organisations that contribute to the development of our community.  This project was envisaged to also inform the need for a community centre in Broome North and was submitted as part of the 2015/16 budget process for Council’s consideration.

 

At the OMC held 30 April 2015, Item 9.1.2 regarding the Broome Lotteries House lease renewal and Item 9.1.3 regarding the Waranyjarri Local Centre – Community Centre update, Council resolved the following respectively:

 

Council Resolution:

 Moved: Cr DM Male                                                Seconded: Cr C Mitchell

 That Council:

 

1.                  Notes that the current lease between the Shire of Broome and Broome Lotteries House Incorporated will remain in “Holding Over” in accordance with Clause 10.1 of the lease until such time as resolved otherwise. 

 

2.             Requests the Chief Executive Officer to include as part of the draft 2015/16 financial year budget a project to undertake an investigation into the accommodation needs and future capacity building for the not-for-profit sector in Broome subject to funding from Lotterywest for Council’s consideration.

 

3.             Requests the Chief Executive Officer to negotiate with Broome Lotteries House Incorporated and Lotterywest to develop terms of a new lease agreeable to the parties for Councils consideration over the next two years as outcomes of the above study are known.

 CARRIED UNANIMOUSLY 6/0

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr M Manado

That Council requests the Chief Executive Officer to:

1.       Thank Landcorp for the invitation to develop a community centre in Broome North;

2.       Advise Landcorp that:

a)      the Shire’s Draft Long Term Financial Plan includes the development of a community centre in Broome North in the 2022/23 financial year and that it is unlikely with existing resources this project can be progressed prior to this time; and

b)      the Shire is proposing to seek funds from Lotterywest to investigate the accommodation needs of not for profit organisations in Broome within the 2015/16 financial year.

 

CARRIED UNANIMOUSLY 6/0

 

 

Funding was subsequently obtained from Lotterywest in 2015/16 to undertake this study, however due to staff shortages the project was carried over and completed in quarter 2 of the 2016/17 financial year. A copy of the final report is attached for Council’s consideration.

 

COMMENT

 

Matrix on Board Consulting was contracted by the Shire of Broome to carry out a review of the accommodation needs of the non-profit sector in the town of Broome. The aim was to determine the accommodation needs of local organisations in order to provide the Shire of Broome with a basis for resource planning and strategic decision making.

 

A Reference Group was formed to steer and guide the project, consisting of representatives from community organisations Broome Lotteries House, Broome Circle, Nyamba Buru Yawuru as well as Landcorp and Shire officers. The study consisted of undertaking a review of relevant literature and conducting stakeholder survey and interviews (online and face to face). Of the 139 non-profit organisations invited to participate, 30 online responses were received and 17 face to face interviews were conducted. A total of 43 individual organisations are represented in the report.

 

The findings from the project indicate that, on the whole, the sector is working hard to deliver services in an uncertain funding environment. The vast majority of organisations have business planning tools in place – for example, strategic plans, risk management plans and maintenance budgets. Many have business models that are based on diversified income streams and are creative in their approach to seeking revenue. A small minority are finding the going tough and feel their future is uncertain.

 

A key desire of the sector is to work in partnership with the Shire of Broome so that there is a genuine collaborative relationship which can facilitate both the Shire’s vision and the visions of the various non-profit organisations in the Broome town region.

 

Community Centre in Broome North:

An objective of the study was to determine the community need and willingness of non-profits to occupy a community space in Broome North. When asked if they would consider relocating to other areas in and around Broome, (Broome town, Broome North, the industrial areas and the Port area) the most common response was that cost and access could be issues. In relation to Broome North, the majority of respondents felt it is too inaccessible for their clients and/or staff and a presence in Broome North was not seen as a priority. Although a few organisations stated that if the space were safe, secure and the cost was right they would consider occupying space in Broome North.

 

Landcorp has advised that they will not undertake further investigation into the development of a community centre in Broome North at this stage. Instead Landcorp plan to undertake a retail demand assessment to determine the need for commercial space in Broome North. Landcorp are currently in discussion with the Shire of Broome to bring forward the preparation of a local commercial strategy for Broome which will incorporate a local retail and commercial demand assessment. From this Landcorp will determine the appropriateness of the designated local commercial centre within Broome North. The intention has been to co-locate a community centre with the local commercial centre, therefore if the location of the commercial centre is to change as a result of the work being undertaken the location of the community centre will also change.

 

Recommendations:

A number of recommendations emerged from the findings. The recommendations contained in the report are outlined below along with officer’s comments regarding the implementation of the recommendations.

 

Recommendation as contained in the report.

Officer Comment

1.       The Shire of Broome develop a policy statement that describes how it collaborates with the non-profit sector and that recognises the value of the sector to the community.

It is recommended a policy is developed for the Shire of Broome regarding collaboration with community organisations, to be presented to Council for endorsement.

The policy may describe the  role of the Shire in supporting new and emerging non-profit organisations and should reflect a partnership approach to support both the Shire’s and the non-profit organisations’ work in achieving their visions for the community.

2.       As accommodation becomes available for rent, the Shire offers it to tender based on clearly communicated and transparent criteria.

·   Stage of organisational growth e.g., established versus new/emerging organisation

·   The client group served by the non-profit, and whether it is in line with key Shire strategic initiatives

·   Service gaps in the community and whether the non-profit addresses them.

Dependant on the completion of the new KRO3, there may be further office accommodation becoming available at Kimberley Regional Offices Building 1 & 2. Council at that time could consider this recommendation for ‘future use’. Further opportunities are limited within the Shire’s existing property portfolio.

3.       A separate policy for storage is considered. There is a clear need for affordable storage for the sector in the town of Broome. This needs to be secure, accessible, vermin and weather proof. It is also recommended that some include a temperature controlled environment. An option could be to promote a sponsorship system, whereby commercial enterprises sponsor storage for non-profit organisations.

The Shire of Broome has received funding from Lotterywest to construct a community storage facility and a tender has been awarded for construction. Once constructed, a usage policy will be developed to guide allocation of storage space to community groups. It should be noted that this storage will not be temperature controlled and will be unsuitable for records storage.  Council may wish to consider pursuing options for providing/sourcing records storage space into the future, however additional resources may be required.

4.       Consideration is given to developing an online register of meeting spaces in the town of Broome. This should include the meeting space size, cost, facilities and contact details.

An online register of meeting spaces in Broome could be developed within existing resources and displayed on the Shire of Broome website, should Council choose to do so.

5.       Any maintenance charged to Shire of Broome tenants is managed and communicated transparently. Specifically, maintenance costs are itemised and consistent across all tenants.

The Shire of Broome will continue to be transparent with processing outgoings to Shire tenants. In the instance of ‘variable outgoings’ each tenant is communicated for the budget each year followed by an audit and the end of each financial year. It should be noted that not all tenants’ leases are structured the same way and the calculation of outgoings can differ on a case-by-case basis.

6.       Serviced offices appear to hold potential interest to a small number of non profits but this interest is dependent upon affordability, privacy considerations and the desire to share space with organisations that have aligned values or are allied service providers. These issues should be addressed in any potential offering.

There are some opportunities with existing ‘large’ vacant tenancies that could be broken up into ‘serviced offices’. This would require further expressions of interest and a cost benefit analysis to guide the process further.

 

7.       Co-location is an accommodation model that appears to work well in Broome, with the current example being Broome Lotteries House. This established facility enables similar sized organisations to share expertise and benefit from decreased accommodation costs. The data from this project shows that co-location is strongest when there is transparency of communication regarding maintenance costs, clear public messaging about the value of the tenants’ services and work, and strong marketing of the venue to the wider community.

The Shire of Broome may consider co-location options within current office accommodation and explore the option of breaking up larger tenancies to meet the needs of community organisations where appropriate.

 

 

8.       The Shire consider promoting the services and accommodation options that are available for non-profits in Broome via an online directory.

It is recommended a page is created on the Shire of Broome website containing information for community organisations. This could include promotion of services and accommodation options for non-profits in Broome.

9.       A partnership and advocacy opportunity exists to work with organisations bringing services together in a way that make sense and adds value for community members. For example, the development of a Health Hub has the potential to attract federal and interstate philanthropic funding based on a platform of providing innovative health care responses to the Kimberley.

It is recommended the Shire consider providing in principle and advocacy support upon request to organisations lobbying for co-located ‘hub’ style accommodation.

It is not recommended the Shire have a proactive leadership role in this process, however can demonstrate support, including sharing the findings of this study, to assist funding applications and lobbying activities of other organisations.

10. The Shire plays a greater role in encouraging and facilitating cross-sectoral meetings. This would enable greater sharing of information and also help the Shire to be closer to what’s happening on the ground.

The Shire is currently represented on a number of cross-sectoral meetings and network groups and it recommended Council/Shire consider representation on other networks and meetings as requested.

 

Overall officers are supportive of the recommendations contained in the report as tabled above and it is recommend that Council endorse the report.

 

CONSULTATION

 

At the commencement of the project, a Project Reference Group was formed to guide the review process and to ensure that a diversity of perspectives was addressed in the research. The following people formed the Reference Group:

·    Suzie Haslehurst - Manager Community Development, Shire of Broome

·    Amy Andison - Youth and Community Development Officer, Shire of Broome

·    Peter McBride - Property and Leasing Senior Officer, Shire of Broome

·    Mike Doyle - Club Development Officer, Shire of Broome

·    Sandy Joffe - Executive Officer, Broome Circle

·    Danica Saunders - Site Manager, Broome Lotteries House

·    John Silver- Chairperson of Broome Lotteries House Management Committee and Operations Manager Rangelands – Natural Resource Management WA (a tenant of Broome Lotteries House)

·    Hilary Wilkins - Regional Manger (Kimberley), Landcorp

·    Manager Community Development, Nyamba Buru Yawuru

 

Of the 139 non-profit organisations invited to participate, 30 online responses were received and 17 face to face interviews were conducted. A total of 43 individual organisations are represented in this report. This indicates a 31% response rate, which is high for a project of this nature. A full list of respondents is detailed in Appendix 3 of the report.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

An amount of $65,410 has been allocated in the 2016/17 budget to conduct the study, to be fully funded by a Lotterywest grant which is to be claimed in arrears.  The actual expenditure on the project to date is $19,580, with the original scope of this project including a third phase to conduct capacity building workshops for the organisations identified as requiring assistance in this study. Lotterywest have advised that individual organisations should apply directly to Lotterywest for funding of capacity building projects.

 

An adjustment will be required at the second quarter FACR to reflect the reduced income and expense.

 

The recommendations made in the report are generally achievable within existing resources. There are some opportunities with existing vacant tenancies that could be broken up into serviced offices however further expressions of interest and a cost benefit analysis are required to guide the process further. Should the need be determined and cost benefit analysis indicate viability funds would be sought through the annual budget process for this initiative.

 

RISK

 

There is some risk that the consultation conducted and release of this report will raise community expectation of the Shire’s role and responsibility in servicing and supporting non-profit organisations in Broome above and beyond the Shire’s capacity to deliver that service. To mitigate this risk all organisations who participated in the study will receive a summary of the findings and will be directed to this report for further information.

 

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

 

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

 

Core asset management to optimise Shire’s 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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council;

1.       Receives the October 2016 report titled Review of Accommodation Needs of the Non-Profit Sector in Broome as attached; and

2.       Notes that the study did not indicate a community need or willingness of non-profits to occupy a community space in Broome North; and

3.       Requests the Chief Executive Officer to implement recommendations contained in the report within budget and resource constraints, specifically including:

a)      develop a policy statement that describes how the Shire of Broome collaborates with the not for profit sector

b)      develop a usage policy for the community storage facility to guide allocation of storage space to community groups

c)               develop an online resource for community organisations which includes a register of meeting spaces available in Broome, promotes the services and accommodation options available for non-profits in Broome and facilitates information sharing across the community sector

d)      consider the recommendations contained in the report, in particular provision of serviced offices and co-location of like services, when planning for future use of Shire assets available for community lease

e)               ensure any maintenance charged to Shire of Broome tenants is managed and communicated transparently

 

 

Attachments

1.

Report - Review of Accomodation Needs of the Non-Profit Sector in Broome

 


Item 9.1.2 - REVIEW OF ACCOMMODATION NEEDS OF THE NOT FOR PROFIT SECTOR IN BROOME

Report - Review of Accomodation Needs of the Non-Profit Sector in Broome

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

9.2

 

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.

 

Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.

 

Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.

 

The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.


Agenda – Ordinary Meeting of Council 27 October 2016                                                                              Page 54 of 55

 

9.2.1      DEDICATION OF GANTHEAUME POINT BEACH ACCESS TRACK

LOCATION/ADDRESS:                            Gantheaume Point Road

APPLICANT:                                              Nil

FILE:                                                           GAN-1/GEN

AUTHOR:                                                   Development and Subdivision Engineer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 September 2016

 

SUMMARY:         The Department of Lands has advised that prior to the creation of Class “A” Reserve in Area 3 of the Yawuru Indigenous Land Use Agreement (Lot 601, Reserve 51106), that all land transactions be finalised.

As the Gantheaume Point beach access is currently land comprised of a private road of which the public has had uninterrupted use for a period of more than thirty years, it is recommended that Council resolve to request the Minister to dedicate the land as a road.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

Access to Gantheaume Point Beach is currently provided through an informal unsealed track. Vehicle access to Gantheaume Point Beach is required for boat launching, tourism activities and general recreation.

 

The unsealed track has been used by the public for more than thirty years, which has been confirmed by examining historical aerial images of the area.

 

As part of the Yawuru Indigenous Land Use Agreement, the area that the track traverses is set to be created as a Class “A” conservation estate.

 

The Department of Lands has advised that once the conservation estate is created, any amendments to land tenure within that area must be presented to parliament for endorsement.

 

Given the process to change the use of Class “A” conservation estate, Department of Lands has advised that all land tenure changes be made prior to finalisation.

 

CONSULTATION

 

Department of Lands

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

(1)     The Minister may by order classify a reserve as a class A reserve.

 

(2)     A class A reserve retains a purpose specified in the relevant order made under section 41 until that purpose in changed under this section.

 

(3)     Subject to subsection (5), the Minister may by order –

          (a)     add Crown land to class A reserve; or

(b)     amend a class A reserve for the purposing of correcting one or more unsurveyed boundaries of the class A reserve in such a manner that the area of the class A reserve, if reduced at all, is reduced by not more than 5%; or

(c)     excise 5% or one hectare, whichever is the less, of the area of a class A reserve for the purpose of public utility services; or

(d)     redescribe location or lots, or adjust the areas of locations or lots, in a class A reserve if the external boundaries of the class A reserve remain unchanged; or

(e)     amalgamate 2 or more class A reserves which have similar purposes and the same management body.

 

(4)     Subject to subsection (5) and section 45, if the Minister proposes –

(a)     to reduce the area of, or excise an area from, a class A reserve for a purpose other than a purpose referred to in subsection (3)(b) or (c); or

          (b)     to excise an area from a class A reserve for the purpose of creating a road; or

(c)     to cancel, or change the purpose or classification of, a class A reserve, the Minister must cause that proposal to be laid before each House of Parliament and section 43(1) then applies.

 

(5)     The Minister must not less than 30 days before acting under subsection (3) or (4) in relation to a class A reserve, advertise his or her intention so to act in a newspaper circulating throughout the State.

 

Land Administration Act 1997

 

56.     Dedication of land as road

 

(1)     If in the district of a local government –

(a)     land is reserved or acquired for use by the public, or is used by the public as a road under the care, control of management of the local government; or

(b)     in the case of land comprising a private road constructed and maintained to the satisfaction of the local government –

(i)      the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii)     those holders of the freehold in rateable land abutting the private road, the aggregate of the rateable value of whose land is greater than one half of the rateable value of all the rateable land abutting the private road, apply to the local government, requesting it to do so; or

(c)     land comprises a private road of which the public has had uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate the land as a road.

 

(4)     On the Minister granting a request under subsection (3), the relevant local government is liable to indemnify the Minister against any claim for compensation (not being a claim for compensation in respect of land referred to in subjection (6)) in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

 

POLICY IMPLICATIONS

 

3.1.15 Register of Public Roads

 

FINANCIAL IMPLICATIONS

 

If the road is to become dedicated the Shire will be committed to maintaining the road as part of its road network.  The Shire currently maintains this formed road at a cost of $3,000 per annum, it is anticipated this maintenance will continue.

 

RISK

 

If the Gantheaume Point Beach Road is to remain, ungazetted access to the Gantheaume Point Beach will become closed off to vehicles when the class “A” reserve is created.  It is “likely” this would have a “medium” impact to the Shire’s reputation, the overall risk to the Shire is “high”.

 

This risk to the Shire’s reputation would be mitigated by the dedication of the Gantheaume Point Beach Road.

 

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 and leisure activity.

 

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.

 

Core asset management to optimise Shire’s 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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes that the Gantheaume Point beach access has been used by the public for an uninterrupted period of at least ten years; and

2.       Endorses the dedication of the beach access as shown in the attached plan, and indemnifies the Minister of Lands against any claims for compensation pursuant to Section 56 (1) and Section 56 (4) of the Land Administration Act 1997.

 

Attachments

1.

Photo Existing of Unsealed Track

2.

Plan of Proposed Road Reserve

3.

Email from the Department of Lands supporting progression of dedication

 


Item 9.2.1 - DEDICATION OF GANTHEAUME POINT BEACH ACCESS TRACK

Photo Existing of Unsealed Track

 

 


Item 9.2.1 - DEDICATION OF GANTHEAUME POINT BEACH ACCESS TRACK

Plan of Proposed Road Reserve

 

 

PDF Creator


Item 9.2.1 - DEDICATION OF GANTHEAUME POINT BEACH ACCESS TRACK

Email from the Department of Lands supporting progression of dedication

 

 

From: Raven, Murray [mailto:Murray.Raven@lands.wa.gov.au]
Sent: Friday, 30 September 2016 1:20 PM
To: Steven Harding <
Steven.Harding@broome.wa.gov.au>
Subject: Dedication of Gantheaume pt rd Job number 153042 File 00342-2013

 

Hi Steven,

 

The job has been closed for some reason following a departmental note below:

 

“Investigation completed. Email sent to Ramona advising that the Shire must comply with S56 of the LAA prior to DoL proceeding. Job closed pending further information”.

 

As a result of the above statement the Department of Lands can see no problems with the Shire progressing the dedication. I have included the job and file number above for ease of reference.

 

Regards

 

Murray

 

 

 

 

Murray Raven  |  Manager  |  Delivery
Department of Lands  |  Level 2, 140 William Street  |  Perth WA 6000
T (08) 6552 4629  |  F (08) 6552 4417  |  M 0428 953 856
E murray.raven@lands.wa.gov.au  |  W www.lands.wa.gov.au

cid:image001.jpg@01D21B1D.6929BBF0

DISCLAIMER: The information contained in this email (including attachments) is intended only for the use of the person(s) to whom it is addressed as it may be confidential and contain legally privileged information. If you are not the intended recipient you are hereby notified that any perusal, use, distribution, copying or disclosure is strictly prohibited. If you have received this email in error, please immediately advise us by return email and delete the email document.

This email and any attachments to it are also subject to copyright and any unauthorised reproduction, adaptation or transmission is prohibited.
This notice should not be removed.

 

 

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                              Page 62 of 63

This item and any attachments are 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”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.2.2      PROPOSED CARAVAN PARK - SANCTUARY ROAD, CABLE BEACH

LOCATION/ADDRESS:                            Lot 3130 Sanctuary Road, Cable Beach

APPLICANT:                                              Nil

FILE:                                                           RES 51028, LSS 227, RFT 13-18, EOI 13-01

AUTHOR:                                                   Acting Projects Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 October 2016

 

SUMMARY: This report presents an update to Council on the status of Request for Tender 13-18, and specifically that formal notice has been received from Discovery Holiday Parks Pty Ltd confirming that they are unable to proceed with the development and management of the Sanctuary Road Caravan Park site.

The report further recommends that Council accepts the notice to not proceed from Discovery Holiday Parks Pty Ltd and considers various options moving forward regarding the site.

 

Attachments

1.

Confirmation of SMC of 26 May 2014 to Discovery (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”.

2.

Email From Discovery Not to Proceed (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”.

3.

Timeline of Negotiations (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”.

4.

Herbert Smith Freehills Legal Advice (1) (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

5.

Herbert Smith Freehills Legal Advice (2)  (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

6.

Herbert Smith Freehills Response to Discovery (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

7.

Tourism WA Caravan and Camping Action Plan 2013-2018 & Implementation Update August 2015

8.

Management Order Reserve 51028

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                              Page 64 of 65

 

9.2.3      SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA01

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    4 October 2016

 

SUMMARY:         The Department of Planning has undertaken a review of State Planning Policy 3.6 – Development Contributions for Infrastructure (SPP3.6) and has released an amended version of this policy for public comment. Guidelines to accompany SPP3.6 and standardised planning scheme text provisions have also been produced and are available for comment. Submissions on this suite of documents are being accepted until 25 November 2016.  

Officers have undertaken a review of the draft SPP3.6 and accompanying documents and identified some potential matters of concern, which are presented to Council for its consideration. It is recommended that Council resolve to make a formal submission to the Department of Planning on the draft SPP3.6. 

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

SPP3.6 was originally gazetted in 2009 and establishes the framework for local governments to collect monetary contributions through the land development process for the provision of infrastructure. Under SPP3.6, contributions can be collected for two infrastructure types:

 

·     ‘Standard’ infrastructure. This includes land contributions towards public open space, primary schools and roads; capital costs associated with the installation of public utilities such as water, sewerage, power and drainage infrastructure; and head works charges for off-site major infrastructure works. These are typically required through the subdivision process and do not always necessitate the preparation of a development contribution plan, although it can be required if costs are to be shared by various landowners.  

 

·     ‘Community’ infrastructure. This includes capital costs associated with ‘the structures and facilities which help communities function effectively,’ generally including sporting and recreational facilities; community centres; child care and after school centres; and libraries and cultural facilities. In order to collect contributions for community infrastructure, local government must amend its local planning scheme and prepare a development contribution plan (DCP).

 

SPP3.6 sets out the principles underlying development contributions, the process for collecting contributions, and the content that is required in a DCP. 

 

The Department of Planning has undertaken a review of SPP3.6 which has resulted in the preparation of:

 

·     Revised SPP 3.6 including modifications to clarify certain matters and provide information in existing appendices in separate supporting documents (included as Attachment 1);

·     Draft Guidelines to provide additional guidance and explanatory information in support of SPP 3.6 to ensure that the policy is interpreted and implemented consistently across local governments (included as Attachment 2); and

·     Draft Scheme Text Provisions to provide consistency in the application of development contribution plans through local planning schemes (included as Attachment 3).

 

The Shire of Broome has a corporate objective of implementing a DCP for both standard and community infrastructure. Preparation of the DCP is currently in progress and it is anticipated that this will be presented to Council by the end of 2016. The draft DCP and accompanying Scheme Amendment have been prepared in accordance with the requirements of the current SPP3.6. 

 

COMMENT

 

The content of SPP3.6 has largely remained unchanged, and as such is supported by Shire officers. Similarly, officers consider that in the main the Guidelines provide useful explanatory information to interpret and implement SPP3.6. The draft Scheme text provisions largely mirror what has already been incorporated into Local Planning Scheme No. 6 (LPS6) and are also supported, subject to a minor change as outlined in the draft officer’s submission in Attachment 4. 

 

Notwithstanding the above, there are some concerns with the content of the Guidelines, most notably the proposal to categorise different infrastructure types into the following classification system:

 

Category A

Infrastructure required as standard (as identified at Appendix 1 of SPP 3.6) and

essential for subdivision or development - can be required directly as a condition of

subdivision/development

Inclusion in DCP not required

Category B

Infrastructure required as standard (as identified at Appendix 1 of SPP 3.6) and

essential for subdivision or development, in limited circumstances of fragmented land ownership or non-frontal development, where cost redistribution is necessary

Inclusion in DCP required

(if development contribution for item is to be

sought)

Category C

Infrastructure important for liveability from the earliest stages of development

Inclusion in DCP required

(if development contribution for item is to be

sought)

Category D

Administrative items associated with preparation of a DCP

Inclusion in DCP required

(if development contribution for item is to be

sought)

Category E

Infrastructure optional for liveability, generally found in mature communities; or where need and nexus cannot be demonstrated. Delivery of these items should be at the discretion of the relevant developer or government agency.

Inclusion in DCP not appropriate

 

Officers’ concerns with the Guidelines are outlined in Attachment 4 with the main points summarised below.  

 

No guidance on infrastructure items that are not categorised

 

Schedule 1 of the Guidelines contains a list of infrastructure items classified according to the above system. This is not considered by officers to be an exhaustive list, however there is no guidance provided about how items not in the Schedule are to be considered. This is relevant for the Shire as the draft DCP includes infrastructure to irrigate areas of Public Open Space with treated waste water, which does not neatly fit in the descriptions contained in the Schedule. 

 

Recommendation: Officers recommend that additional text be added to the Guidelines to clarify that contributions may be sought for other services and facilities having regard to the overall objectives, scope and provisions of SPP3.6.  

 

Emphasis on ’Category C’ infrastructure being required ‘from the earliest stages of development’

 

With respect to community infrastructure items in ‘Category C,’ (those considered suitable for inclusion in a DCP), there is a strong emphasis that these items be required ‘from the earliest stages of development.’ This presupposes that all DCPs will be for the establishment of new greenfield communities and the basic facilities that will be located within those communities. However, in areas such as Broome it is more likely that the infrastructure will comprise upgrades and enhancements to existing facilities which are triggered by incremental population growth within an existing townsite through new subdivision. Some of these facilities (i.e. the Broome Recreation and Aquatic Centre, or BRAC) are not required ‘from the earliest stage of a development’ however their provision can be justified on a proportionate basis when the overall population of the town reaches a predetermined threshold. The Guidelines do appear to allow for these types of contributions to be collected, but it is not explicit in the definition.  

 

Recommendation: Officers recommend that the definition of Category C be broadened to include infrastructure to address needs resulting from additional population growth in an established community.

 

Classification of ‘Regional Sports Grounds and Facilities’ as ‘Category E’ 

 

The Guidelines classify Regional Sports Grounds and Facilities as regional open space (including aquatic centres and gymnasiums) not suitable for inclusion in a DCP. This could have considerable implications for the Shire as BRAC is designated ‘Regional Open Space’ under the Shire’s Local Planning Strategy (LPS) and a substantial portion of the community infrastructure items in the draft DCP are upgrades or new facilities at BRAC, including a gymnasium.

 

Officers believe that ‘Regional Open Space’ is being considered in a Peth Metropolitan context, where land is reserved under the Metropolitan Region Scheme for higher order recreational facilities or conservation purposes benefiting a large catchment of residents across multiple local governments. This is materially different from the ‘Regional Open Space’ designation in the Shire’s LPS, which simply indicates that the BRAC is the highest order recreation facility in the town.

 

Whilst it may not be considered reasonable or appropriate to seek to collect contributions and fairly apportion costs for a facility that may be used by a hundred thousand people over multiple local governments, it is appropriate to do so for a ‘regional’ facility in a town such as Broome, where such a facility, by its nature, services a smaller catchment that comprises all residents in the town. The Guidelines should more clearly clarify the distinction between different types of ‘regional open space’ or remove this item from the Schedule as it unfairly disadvantages smaller communities with centralised facilities.   

 

 Recommendation: Officers recommend that the infrastructure item be removed from Schedule 1, or alternatively the Schedule be amended to state that this only applies to regional open space designated under a region planning scheme.

 

Classification of Boating Facilities as ‘Category E’

 

The Guidelines classify ‘boating facilities (such as jetties, boat ramps etc.)’ as a ‘Category E’ item, which cannot be included in a DCP.  This is relevant to the Shire as the proposal to recreate the ‘Old Jetty’ at Town Beach, as a component of the Jetty to Jetty project, is included in the draft DCP. This project will not predominantly function as a ‘boating facility’ as it will include a fishing platform and walkway, however it may be considered as such. Furthermore, the Shire may seek in future to collect contributions to improve or construct boating facilities elsewhere as the town’s population increases. Officers do not believe that there should not be a blanket prohibition on including these sorts of facilities in a DCP, rather they should be considered on a case by case basis in light of whether they can be justified using the provisions of SPP3.6.

 

Recommendation: Officers recommend that the infrastructure item be removed from Schedule 1.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

26.     State planning policies, preparation and content of

 

(1)     The Commission may, with the approval or on the direction of the Minister, prepare State planning policies.

 

(2)     A State planning policy is to be directed primarily towards broad general planning and facilitating the coordination of planning throughout the State by local governments.

 

(3)     Despite subsection (2), a State planning policy may make provision for any matter which may be the subject of a local planning scheme.

 

(4)     A State planning policy may be prepared so as to apply —

(a)     generally or in a particular class of matter or in particular classes of matter; and

(b)     throughout the State or in a specified portion or specified portions of the State, whether or not a planning scheme has been prepared or is being prepared in that portion or those portions of the State.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil at present, however if the matters raised above are not clarified or addressed this may impact the projects that are able to be included in the Shire’s DCP.

 

RISK

 

Work to establish a DCP for Broome has been ongoing for several years and is nearing completion. As discussed above, the working DCP includes several upgrades at BRAC, the re-construction of the Old Jetty at Town Beach, and installation of treated wastewater irrigation infrastructure. The inclusion of these items has been justified in the DCP and accompanying Scheme Amendment report under the current version of SPP3.6.

 

Whilst the SPP3.6 itself is proposed to change little, the supporting Guidelines, particularly the project classification system, have the potential to impact the interpretation of the policy and subsequently the viability of these inclusions. Were this to occur, the DCP may not be adopted by the Minister for Planning, and/or would require a further Scheme Amendment to modify the project list.  It is hoped that the points raised in the Shire’s submission will reduce the likelihood of this risk occurring.

 

It will take some time for public submissions to be collated and the changes to SPP3.6 to be finalised. In this interim period the current policy framework will continue to operate and it is recommended that the Shire proceed with the finalisation of the draft DCP as per current project timeframes. 

 

STRATEGIC IMPLICATIONS 

 

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

 

Participation in recreational and leisure activity

 

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

 

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

 

REPORT RECOMMENDATION:

That Council endorses the submission in Attachment 4 on the draft State Planning Policy 3.6, draft Guidelines to accompany State Planning Policy 3.6 and draft Scheme text provisions and requests the Chief Executive Officer to forward the submission to the Department of Planning.

 

 

Attachments

1.

Attachment 1 - Draft State Planning Policy 3.6 - Development Contributions for Infrastructure

2.

Attachment 2 - Draft Guidelines to Accompany SPP 3.6

3.

Attachment 3 - Draft Scheme Text Provisions for Comment

4.

Attachment 4 - Proposed Submission on SPP3.6

 


Item 9.2.3 - SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES 

Attachment 1 - Draft State Planning Policy 3.6 - Development Contributions for Infrastructure

 

PDF Creator

PDF Creator

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.3 - SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES 

Attachment 2 - Draft Guidelines to Accompany SPP 3.6

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.3 - SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES 

Attachment 3 - Draft Scheme Text Provisions for Comment

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.3 - SUBMISSION ON DRAFT STATE PLANNING POLICY 3.6 - DEVELOPMENT CONTRIBUTIONS FOR INFRASTRUCTURE AND ASSOCIATED GUIDELINES 

Attachment 4 - Proposed Submission on SPP3.6

 

 

 

Comment Number

Section / Clause

Officer Comments

Recommendation

1

SPP 3.6 Guidelines, Section 3.2 – Establishment Principles

5. Some flexibility is important when considering different development contexts

While there is a need to provide certainty in specifying the scope

of infrastructure that development contributions should fund and the

expected costs for provision of that infrastructure, it is also important

to allow local government some flexibility in determining priorities for

the type and timing of infrastructure to be delivered. These priorities will vary over time in different parts of WA and in differing development contexts. Some flexibility is also needed to establish the cost of infrastructure contributions across different development settings in different parts of the State.

 This ‘Establishment Principle’ is supported. There is some concern, however, that the  hierarchy in ‘Schedule 1 – Categorisation of Infrastructure Items’, will be applied rigidly and not allow for such flexibility to occur. Particular matters of concern relating to this Schedule in a non-metropolitan context are set out below. 

 

To ensure the commitment to flexibility is not lost, it is recommended that additional text be inserted at the end of Section 3.3 – Categorisation of Development Contribution Items to state that this categorisation is for guidance only and the inclusion of infrastructure not referenced or considered ‘Category E’ can be considered on a case by case basis if a local government can demonstrate such inclusion complies with the overall principles established in SPP3.6.

 

That additional text be inserted after the table in Section 3.3 to state:

 

The categorisations in Schedule 1 are intended to be used as a guide. Infrastructure not referenced in Schedule 1 or considered ‘Category E’ may be considered for inclusion in a DCP on a case by case basis if a local government can demonstrate such infrastructure is required given its local context, and that the infrastructure items will comply with the overall principles established in SPP3.6. 

2

SPP 3.6 Guidelines, Section 3.2 – Establishment Principles

7. Development contributions can be used for proportional improvements to existing infrastructure to accommodate growth

Development contributions should be able to be used towards improving, or replacing if improvement is not an option, existing infrastructure, in addition to providing new infrastructure but only in proportion to its likely use by the new residents in a growing population. Replacement of obsolete infrastructure that serves

only the existing population; or improvements / replacements to raise

existing service standards, should be funded from rate or other revenue

sources, and should not be paid for via new development.

This ‘Establishment Principle’ is supported, however, the reference to ‘improvements / replacements to raise existing service standards’ is unclear and potentially of concern.

 

The Guidelines state, in setting out the rationale for ‘Category C’ items (which can be included in a DCP):

·    In the case of infill development in existing communities, items suitable for a DCP would include contributions towards upgrades or capacity increases for existing infrastructure, to accommodate the new population and so as to not unreasonably impact on existing facilities or disadvantage surrounding communities. In some cases larger infill sites may generate the need for entirely new facilities.

 

‘Upgrades or capacity increases for existing infrastructure’ could, in some circumstances, also be seen to ‘raise service standards,’ however a raising of service standards could be justified if the increase in standards will meet the needs generated by the new population. To clarify this rewording is recommended. 

That ‘Establishment Principle 7’ be reworded as follows:

Development contributions should be able to be used towards improving, or replacing if improvement is not an option, existing infrastructure, in addition to providing new infrastructure but only in proportion to its likely use by the new residents in a growing population. Replacement of obsolete infrastructure that serves only the existing population; or improvements / replacements to raise existing service standards to a level that cannot be justified on the basis of population growth, should be funded from rate or other revenue sources, and should not be paid for via new development.

3

SPP 3.6 Guidelines, Section 3.3.2 – Category C

Infrastructure items that are suitable for inclusion in a DCP, beyond those required as standard, are those which are considered important for liveability of a community from the earliest stages of subdivision or development.

The use of the phrase ‘from the earliest stages of subdivision or development’ is considered misleading as it only seems to encompass the first dot point in the section, which talks about the establishment of new communities. Particularly in a regional context, the majority of infrastructure items will not solely service ‘new communities,’ rather they will add to and enhance existing community facilities over time, commensurate with population growth.

 

For instance, a community infrastructure plan could state that one skate park is required for every 10,000 residents. If a town has a population of 8,000 residents, and the Development Contribution Area (DCA) will allow for a population increase of 2,000 new residents, then it is considered that development of the DCA would trigger the need for a skate park. As such, this infrastructure could be included in the DCP, with costs to be apportioned fairly between existing and new residents (i.e. 80% funded by the local government in recognition of the existing population, and 20% by developers). In this case the skate park has not been required ‘from the earliest stages of subdivision or development,’ rather the demand has been triggered by incremental increases in population which ultimately exceed the threshold beyond which such infrastructure is considered to be needed.

 

It is considered the second dot point in this section alludes to infrastructure of this nature being provided, however this should be clearly articulated. 

1.    That the first sentence under ‘Category C’ in Section 3.3.1 be amended to state:

Infrastructure items that are suitable for inclusion in a DCP, beyond those required as standard, are those which are considered important for liveability of a community from the earliest stages of subdivision or development, or when population growth in the local government area generated by the new development reaches a threshold that warrants the upgrades of existing, or provision of new, infrastructure.    

 

2.   That the description of Category C in the table in Section 3.3 be amended to state:

Infrastructure important for liveability from the earliest stages of development or to address needs resulting from additional population growth.

 

 

 

4

SPP 3.6 Guidelines, Section 3.3.3 – Category E

Certain infrastructure items are considered to be beyond the scope of what is truly important for liveability from the earliest stages of a community being established. These items are classified as being only optional for liveability, or they are more likely to be provided in a

community that has been established for a long time and has developed a rate base that allows provision of more specialised or niche infrastructure products.

This description appears to confirm the concerns raised in Comment 3, above, in that it seems to discount infrastructure upgrades/provision in established communities as a result of population growth. In a regional area such as Broome, the townsite is spatially compact and as a result much of the community infrastructure is concentrated in a few centralised locations rather than dispersed throughout geographically self-contained ‘neighbourhoods.’ Officers are concerned that upgrades to such centralised facilities, or new infrastructure in these facilities, whilst triggered by development in the DCA, will be considered ‘optional’ or ‘niche’ when in fact they are considered suitable and appropriate when the entire population of the town is taken into account. The current wording does not allow for circumstances where due to population size and/or geographic proximity one facility will ultimately be capable of meeting the needs of both existing and new residents.

 

The description of Category E in the table in Section 3.3 states: ‘Infrastructure optional for liveability, generally found in mature communities; or where need and nexus cannot be demonstrated.’ This is more appropriate wording and should be replicated in the subsequent section.

That the first sentence under ‘Category E’ in Section 3.3.3 be amended to state:

 

Certain infrastructure items are considered to be beyond the scope of what is truly important for liveability from the earliest stages of a community being established, or when located within established communities, cannot clearly demonstrate the connection between the new development and the demand created (i.e. the need and the nexus). These items are classified as being only optional for liveability, or they are more likely to be provided in a community that has been established for a long time and has developed a rate base that allows provision of more specialised or niche infrastructure products.

 

5

SPP 3.6 Guidelines, Schedule 1: Categorisation of Infrastructure Items

General Comment

 

The inclusion of this table assumes all infrastructure items that could be contemplated for inclusion in a DCP have been identified here, or else captured in Appendix 1 of SPP3.6. This might not be the case. Whilst SPP3.6 clearly allows for contributions to be sought for ‘such other services and facilities for which development contributions may reasonably be requested having regard to the objectives, scope and provisions of this policy’ it is unclear how such items will be received under the Guidelines.

 

It is recommended that an additional note be added at the end of this Schedule to provide guidance in circumstances where proposed infrastructure items are not specifically referenced. 

That a general ‘Note’ be provided at the end of Schedule 1 to state:

 

Infrastructure items not included in this schedule will be considered having regard to the objectives, scope and provisions of SPP3.6. 

 

 

6

SPP 3.6 Guidelines, Schedule 1: Categorisation of Infrastructure Items

9a (Existing Roads: Widening) and 9b (Existing Roads: Upgrades) listed as category ‘B4’ and ‘B5’ respectively and described as being suitable for development contribution plan ‘only in limited cases of fragmented land where inclusion in a DCP is the only way to facilitate subdivision.’

The wording surrounding when these types of infrastructure can be included in a DCP is confusing.  The description of ‘Category B’ in Section 3.3.2 states:

 

In areas with multiple land owners, or in non-frontal development, it may be difficult to coordinate and balance out provision of infrastructure in suitable locations, while ensuring that some landowners are not disadvantaged according to their spatial

placement or the time at which they decide to undertake development. Accordingly, on a case by case basis, certain items of infrastructure that would normally be required as standard may be able to be included as items in a DCP so that costs can be shared across owners and infrastructure can be delivered in a timely manner. Justification for taking this approach will be required to be

documented in the relevant DCP report.

 

Officers consider that the above description does not necessarily apply ‘only in limited cases’ or that ‘inclusion in the DCP is the only way to facilitate subdivision.’ For example, in a regional area such as Broome there is a smaller, interconnected road network where most residents, regardless of what neighbourhood they live in, use common Integrator Arterials and Neighbourhood Connectors on a daily basis, with new subdivisions continuing to add to the traffic volumes on these roads. In time, increased traffic will necessitate upgrades to the existing network, which will subsequently benefit new residents throughout the DCA, not in a particular subdivision only. To ensure that one subdivider is not penalised disproportionately for these upgrades, it is proposed to share the cost between all developers in the DCA. However this is not ‘the only way to facilitate subdivision,’ but rather considered to be an equitable way to share costs based on demand generated per new dwelling. It is considered that the wording in Schedule 1 could be amended to better reflect this intent.

1.   That the wording in the column ‘Suitable for development contribution plans’ in Schedule 1 be amended for 9a and 9b  ‘Category B’ to state: 

 

      only in limited cases of fragmented land where inclusion in a DCP is the only way to facilitate subdivision. to share costs across owners, ensure timely provision of infrastructure and ensure that landowners are not disadvantaged according to their spatial placement or the time at which they decide to undertake development.

 

2.   That the Department of Planning consider amending the wording in this column for other ‘Category B’ infrastructure items. 

7

SPP 3.6 Guidelines, Schedule 1: Categorisation of Infrastructure Items

21 – Regional sports grounds and facilities (at regional open space) (e.g. aquatic centre, gymnasium) listed as ‘Category E’ and not considered suitable for inclusion in a DCP.

This recommendation is not suitable in a regional local government context. For instance, the Broome Recreation and Aquatic Centre (BRAC) is considered ‘Regional Open Space’ under the Shire’s Local Planning Strategy, in recognition of the fact that it is the highest order recreation space provided in the town. However, the level of facilities that are provided at the BRAC are in many ways commensurate with what would be provided at a ‘Multi-Purpose District Sports Ground’ in a metropolitan context, where contributions can be accepted – i.e. grassed playing surfaces, multi-purpose sports courts, toilets and change rooms. Implying that these facilities cannot be included in a DCP simply because of the ‘regional’ label is inequitable and not supported. There is a substantive difference between ‘regional’ facilities in Perth which may cater for a catchment of a hundred thousand people across multiple local government areas, and ‘regional’ facilities in Broome which cater for the population of Broome (15,000 permanent residents) only.

 

Furthermore, the BRAC also provides more ‘specialised’ facilities such as an aquatic centre, tennis and squash courts, however given the size of Broome and proximity of the BRAC to all residential areas, it is the only facility in Broome that currently does so and is proposed to do so in the future. As discussed in Comments 3 and 4 above, this means that as Broome’s population grows, new development will eventually give rise for the need to upgrade the existing facilities or provide new facilities. As these facilities will be located at BRAC rather than in dispersed locations in new subdivisions, it is only fair to be able to include them in a DCP, regardless of its designation as a ‘Regional Open Space’ so long as costs are proportioned equitably between new and future users and the need and the nexus can be demonstrated. 

 

It is considered that the same situation is experienced in many regional local governments which have smaller populations than their metropolitan counterparts and consolidated recreation facilities which provide for the entire resident population. Given this, it is recommended that the Schedule be amended remove this item, or if it considered desirable to include for Perth, to specify this item only applies to areas where a regional planning scheme is in place.

1.      That Item 21 in Schedule 1 be removed from the list with the inclusion of such facilities in a DCP to be assessed on a case by case basis; or

 

2.      If it considered that regional facilities are not suitable within metropolitan Peth, that Item 21 in Schedule 1 be amended as follows:

Regional sports grounds and facilities (at regional open space) (eg aquatic centre, gymnasium) – designated under region scheme6;

 

3.      That a new ‘Note 6’ be inserted at the end of the table to state:

In local governments that are not subject to a region scheme, infrastructure at regional sports grounds may be provided, if it is consistent with the objectives, scope and provisions of SPP3.6; and 

 

4.      That subsequent notes be updated accordingly.

8

SPP 3.6 Guidelines, Schedule 1: Categorisation of Infrastructure Items

24 – Boating facilities (such as jetties, boat ramps etc) listed as ‘Category E’ and not considered suitable for inclusion in a DCP.

This recommendation is not suitable in a regional context as in some local governments boating facilities are considered key community facilities.  For example, in 2010 the Department of Transport reported that there were 1,600 recreational boats in Broome, which is 93 boats per thousand people. This was more than double the rate of boats per thousand people in Perth (43), however less than some other regional local governments such as Karratha (152). The Shire’s Local Planning Strategy contains a benchmark of 1 boat ramp per 4,000 people, as it is a reasonable assumption in a coastal community that boat ownership increases alongside population growth. There does not seem to be a logical reason why boating facilities cannot be included in a DCP, if proposal can adhere to the objectives, scope and provisions of SPP3.6.

That number 24 be removed from the list with the inclusion of such facilities in a DCP to be assessed on a case by case basis.

9

Scheme Text Provisions for Comment – Clause 73

(3) A local government must not refuse to grant development approval on the grounds that a development contribution plan is being prepared for the area in which the development

is located unless that plan has already been advertised.

(4) The Commission must not refuse to grant subdivision approval on the grounds that a development contribution plan is being prepared for the area covered by the subdivision

unless that plan has already been advertised.

These provisions are somewhat confusing as they imply that the only options for dealing with applications in the interim between when a DCP is advertised and when it is gazetted are to approve the application without requesting contributions, or to refuse the application. Clause 5.4 of SPP3.6 provides more advice on actions the local government/Commission may take in such circumstances which include entering into a legal deed to with a landowner to ensure contributions are paid. It is assumed this will be required via a condition of approval. It would be clearer if this option is presented in Clause 73.  

That two additional sub-clauses be added to Section 73 to state:

 

(5) Where a development contribution plan has been advertised but has not come into effect, a local government may grant development approval with a condition that development contributions be made and that a landowner is required to enter into a legal agreement with the local government to this effect. 

 

(6) Where a development contribution plan has been advertised but has not come into effect, the Commission may grant subdivision approval with a condition that development contributions be made and that a landowner is required to enter into a legal agreement with the local government to this effect.

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 138 of 139

 

9.2.4      BROOME HISTORICAL MUSEUM - REQUEST FROM STATE HERITAGE OFFICE TO ENTER INTO A CONSENT ORDER

LOCATION/ADDRESS:                            67 Robinson Street, Broome

APPLICANT:                                              State Heritage Office

FILE:                                                           ROB-2/67

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    5 October 2016

 

SUMMARY:         The State Heritage Office is seeking the Shire of Broome’s consent to request the Minister to place a Conservation Order on the Broome Historical Museum at 67 Robinson Street, Broome. Under the provisions of the Heritage Act of Western Australia 1990, for the Minister to place a Conservation Order over the property it is to be in the form of a Consent Order. 

As the property is owned by the Shire of Broome, the request is being referred to Council for consideration.

This report recommends that Council advise the State Heritage Office that it will consent to a Conservation Order being lodged for the Broome Historical Museum.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Background

 

The Broome Historical Museum was entered on the State Register of Heritage Places on an interim basis on 19 May 1992. Attachment No 1 includes a copy of the Interim Entry details.

 

Under the provisions of the Heritage Act of Western Australia 1990 (Heritage Act), a place can remain on the interim register for a period of 12 months, unless the land is Crown Land where a place can remain on the interim register indefinitely. At the time the Broome Historical Museum was entered on the interim register, the State Heritage Office thought that the exemption to the 12 month limited interim registration period also applied to local government properties. For this reason, the interim registration was not immediately progressed to permanent.

 

In the process of updating the place to permanent listing, the State Heritage Office received clarification from the State Solicitors Office that the exemption applies only to Crown Land. The site is owned by the Shire in freehold.  As the land is not Crown Land and 12 months has passed, the interim registration has lapsed. In accordance with the provisions of the Heritage Act, the registration will have to be formally removed and the memorial on the title lifted.

 

Once a place has been removed from the register, the Heritage Act does not allow for a place to be considered for further registration for a period of five years. As the State Heritage Office believes that the place has cultural heritage significance and is worthy of protection under the Heritage Act, it is seeking the Shire’s consent in the interim five year period to lodge a Conservation Order. The effect of the Conservation Order over the land is the same as an interim or permanent registration on the heritage register, namely an application which seeks to demolish, damage or alter the place will require referral to the Heritage Council. A draft copy of the Consent Order for the issuance of a Conservation Order for the Broome Historical Museum is provided in Attachment No 2.

 

COMMENT

 

67 (Lot 4) Robinson Street (subject site) is 1,323sqm in area and is located adjacent to the Seaview Shops in Old Broome. The site contains the Broome Historical Museum building (built circa 1890) and more recently constructed archive rooms. The site is currently leased to the Broome Historical Society and is used as a museum. The property is listed on the Shire of Broome’s Municipal Inventory of Heritage Places (Place No 30) and is identified as a ‘Category A: considerable significance’ which recommends that the place is included in the Register of Heritage Places (refer to Attachment No 3).

 

The request from the State Heritage Office has resulted because of an administrative error. As set out above, the State Heritage Office would have progressed the place to permanent registration if it was aware that the exemption to the 12 month registration period did not apply to local government properties.

 

If the Shire agrees to the issuance of a Conservation Order, it would have the same effect as if the site was on the State Register. Therefore any proposed works which seek to alter, demolish or undertake development on the property must be referred to the Heritage Council before an approval of the works can be issued. While some property owners perceive this as a limitation, the recognition of heritage significance of a place through inclusion on the State Register provides opportunities for landowners to seek grant funding.  It should also be noted that the inclusion of a place on the State Register, or in this case a Conservation Order, will not limit the Shire’s discretion as a landowner to enter into leases or impact upon how the land/building is used.

 

As the subject site is identified in the Shire’s Municipal Inventory as being a place of considerable significance, it is recommended that the Shire gives its consent to the Consent Order for the issuance of a Conservation Order. In giving its consent, it is recommended that Council advise the State Heritage Office that any costs associated with administering the removal of the existing memorial and lodgement of the Consent Order are to be met by the State Heritage Office.

 

CONSULTATION

 

Internal consultation has been undertaken with the Shire’s Property section, which have advised that no objections are raised to the issuance of a Conservation Order over the property.

 

STATUTORY ENVIRONMENT

 

Heritage Act of Western Australia 1990

 

59. Conservation Orders

 

(1)     Where, in the opinion of the Minister, it is necessary or desirable to provide special protection in respect of any place, whether or not entered in the Register, the Minister may, subject to this section, make a Conservation Order in relation to that place.

 

(2)     Where, by reason of the likelihood of imminent damage to a place, a specific prohibition is urgently necessary the Minister may make a Conservation Order forthwith —

 

          (a)     with the consent of the owner of that place as to the terms to be specified in   that order         — in this Division referred to as a Consent Order; or

          (b)     otherwise, in such terms as the Minister specifies in the order — in this Division    referred to as a Stop Work Order,

 

          and in either such case the prerequisites to the making of a Conservation Order which would  otherwise be required by subsection (4) need not be complied with prior to the order taking effect.

 

(3)     On the making of an order under subsection (2)(a), the Council shall cause inquiries to be made and shall make a recommendation to the Minister as to the term for which any Consent Order should remain in effect or as to whether or not it should be revoked or replaced by an order made pursuant to subsection (4).

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

If Council agrees to the Consent Order, it will not have any immediate financial implications. It is recommended that Council make it clear that any costs associated with the removal of the existing memorial and lodgement of the Consent Order is met by the State Heritage Office.

 

RISK

 

If Council agrees to the Conservation Order and the Shire intends to demolish, alter or damage the building in any way, it must have the prior written approval of the Heritage Council. This may have timing implications for the undertaking of the works.

 

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 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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council authorises the Chief Executive Officer to execute any documentation associated with the Consent Order for the issuance of a Conservation Order for the Broome Historical Museum at 67 Robinson Street, subject to the State Heritage Office confirming that it will meet all costs associated with the removal of the existing memorial and lodgement of the Consent Order.

 

Attachments

1.

State Hertiage Place Record

2.

Draft Consent Order

3.

Municipal Inventory Listing

 


Item 9.2.4 - BROOME HISTORICAL MUSEUM - REQUEST FROM STATE HERITAGE OFFICE TO ENTER INTO A CONSENT ORDER

State Hertiage Place Record

 

 

PDF Creator


 

PDF Creator


Item 9.2.4 - BROOME HISTORICAL MUSEUM - REQUEST FROM STATE HERITAGE OFFICE TO ENTER INTO A CONSENT ORDER

Draft Consent Order

 

 

PDF Creator


 

PDF Creator


Item 9.2.4 - BROOME HISTORICAL MUSEUM - REQUEST FROM STATE HERITAGE OFFICE TO ENTER INTO A CONSENT ORDER

Municipal Inventory Listing

 

 

PDF Creator


 

PDF Creator


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 148 of 149

 

9.2.5      COMMUNITY ENGAGEMENT STRATEGY - CABLE BEACH FORESHORE MASTER PLAN

LOCATION/ADDRESS:                            Cable Beach Foreshore Reserve (Reserve 36477) and adjoining Cable Beach Road West Road Reserve

APPLICANT:                                              Nil

FILE:                                                           PLA98

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    6 October 2016

 

SUMMARY:         The Cable Beach Development Strategy contains a number of ‘Shire of Broome Directions’ to implement when resources and budget allow. One such direction is to produce a Foreshore Master Plan for the Cable Beach Foreshore to explore the concepts presented in the Cable Beach Development Strategy Concept Plan and provide a detailed basis for undertaking improvements to the public realm. 

Council has allocated funds in the 2016/17 annual budget to prepare the Foreshore Master Plan and the Shire has appointed consultants UDLA to undertake this work. UDLA has prepared a Community Engagement Strategy for the project which is now presented to Council for its consideration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 April 2016                             Item 9.1.1

OMC 28 July 2016                              Item 9.2.1      

 

The Cable Beach Development Strategy (Strategy) was adopted by Council in July 2016 and contains a Concept Plan with project ideas for public realm improvements in the Cable Beach Precinct, with a focus on the Cable Beach Foreshore Reserve (Reserve 36477). The Strategy further contains a number of ‘Shire of Broome Directions’ for staff to progress as resources and budget allow. These ‘Directions’ include:

 

3.8.2 Shire of Broome Direction – Public Realm

 

1.    Prepare a Foreshore Master Plan for the Cable Beach Foreshore Reserve (Reserve 36477) that explores the concepts outlined in the Concept Plan (Figure 5) and provided a detailed basis for undertaking improvements in the public realm.

 

Other directions that are relevant to the development of the Foreshore Master Plan include:

 

Section 3.7.2 Shire of Broome Direction – Movement Network

 

5.    Investigate traffic calming methods (i.e. different road structures such as pavement) surrounding the proposed new entry statement to Cable Beach.           

 

Section 3.8.2 Shire of Broome Direction – Public Realm

 

2.    Investigate the relocation of road access onto Cable Beach to a location north of the Cable Beach Amphitheatre.

4.    Identify locations for public art.

 

Section 4 Concept Plan

 

13.  Formalise a Backpacker Camping Area

 

Council has allocated municipal funding in the 2016/17 annual budget to prepare the Foreshore Master Plan. The Foreshore Master Plan will consider the projects included in the Concept Plan in greater detail, including the potential relocation of vehicle access onto Cable Beach and the establishment of a backpacker camping area.

 

COMMENT

 

The Shire has appointed UDLA to undertake the Cable Beach Foreshore Master Plan and the initial stage of the project has commenced. As part of this initial stage, UDLA has prepared a Community Engagement Strategy in accordance with Council’s Community Engagement Policy and Framework.  The Community Engagement Strategy (CES) is included as Attachment 1.

 

Key components of the CES include:

 

·     Formation of a ‘stakeholder working group’ of approximately 12-15 people comprising representatives from the following organisations:

o Shire of Broome

o Nyamba Buru Yawuru

o Tourism WA or Australia’s North West

o Department of Sport and Recreation

o WA Police

o Shire of Broome Youth Advisory Council

o Environs Kimberley

o Broome Chamber of Commerce and Industry 

o Broome Surf Lifesaving Club

o Zanders

o Cable Beach Club

o Camel Business Representative; and 

o Art and Heritage Representative

 

·     The working group will participate in two engagement workshops over the life of the  project, including:

An initial ‘opportunities and directions’ and preliminary concept design session, anticipated late November – early December 2016; and

A facilitated design review and critique of the draft Master Plan, anticipated mid-February 2017. 

 

·     A similar process will be undertaken with a group of Shire staff from various work areas who will be involved in implementing the project outcomes.

 

·     An open community workshop will be held to allow the general public to become informed about the project and participate in the preliminary concept design session. This workshop is anticipated to occur at approximately the same time as the first stakeholder working group workshop, in late November – early December 2016.

 

·     Targeted consultation will be undertaken with those who are considered likely to be affected by the potential relocation of the vehicle access ramp and the creation of a backpacker camping area.

 

·     The draft Master Plan will be formally advertised to the general public once considered by Council.

 

In accordance with Council’s Community Engagement Framework, the level of engagement for the project has been set at ‘Involve.’

 

It is envisaged that the ‘stakeholder working group’ will be run informally and therefore it is recommended that Council authorise the CEO to invite organisations to nominate representatives to this group. 

 

While not stated in the CES, it is proposed that a workshop facilitated by UDLA will be held with Council on the draft Master Plan in February 2017.  A further workshop will be held with Council to review the final proposed Master Plan and public feedback received on the draft Master Plan in May 2017.

 

CONSULTATION

 

Substantial public consultation was undertaken as part of the preparation of the Cable Beach Development Strategy. Attachment 1 sets out the consultation that is now proposed as part of the Foreshore Master Plan.

 

STATUTORY ENVIRONMENT

 

Nil.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

All costs associated with the preparation of the Foreshore Master Plan will be paid using municipal funds as per Council’s approved 2016/17 annual budget.

 

RISK

 

The Cable Beach Development Strategy Concept Plan provides a high level strategic direction for public realm improvements on the Cable Beach Foreshore and surrounds, however this is not to a sufficient level of detail to source funding through grants and/or development contributions. As such, there is a risk that the Shire will not be able to access external funding to undertake public realm improvements. It is considered that the preparation of the Foreshore Master Plan will address this risk and ensure that continued investment can be made in the Foreshore to provide high quality public facilities.

 

Additionally, the Concept Plan recommended that investigations be undertaken into the feasibility of different options to relocate the vehicle access point at Cable Beach and the creation of a backpacker camping area. This will be done as part of the Foreshore Master Plan and will assist Council in determining whether, and how, to proceed with these projects. 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Participation in recreational and leisure activity

 

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

 

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

 

REPORT RECOMMENDATION:

That Council:

1.       Endorses the Community Engagement Strategy for the Cable Beach Foreshore Master Plan as contained in Attachment 1.

 

2.       Authorises the Chief Executive Officer to invite stakeholder organisations to nominate representatives for the stakeholder working group in accordance with the Community Engagement Strategy for the Cable Beach Foreshore Master Plan.

 

Attachments

1.

Attachment 1 - Community Engagement Strategy

 


Item 9.2.5 - COMMUNITY ENGAGEMENT STRATEGY - CABLE BEACH FORESHORE MASTER PLAN

Attachment 1 - Community Engagement Strategy

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 155 of 156

 

9.2.6      RFQ 16/81 - ASPHALT SERVICES FOR BRAC HARD COURT RESURFACING

LOCATION/ADDRESS:                            Broome Recreation Aquatic Centre, Cable Beach Road East BROOME WA 6725

APPLICANT:                                              Nil

FILE:                                                           RFQ 16/81

AUTHOR:                                                   Manager Sport and Recreation

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    7 October 2016

 

SUMMARY:         A request for quote process has been undertaken for the supply of asphalt services for the resurfacing of the BRAC hard courts. This report seeks Council’s approval to award the works as per the confidential report attached.

 

 

BACKGROUND

 

Previous Considerations

OMC 15 August 2013                    Item 9.1.2

OMC 28 August 2014                    Item 9.1.2

OMC 15 October 2015                 Item 9.1.4

OMC 25 February 2016                Item 9.2.4

 

The Shire of Broome has received additional funding from the Department of Sport and Recreation (DSR) to resurface the existing four multi purpose courts located at the Broome Recreation Aquatic Centre (BRAC). Initially Council was successful in securing $47,626 from DSR to undertake the resurfacing of the BRAC courts. Following this, further exploratory works were undertaken to determine the recommended method of resurfacing to achieve the most sustainable long term result. Upon receiving the recommendation, Council applied and was successful in securing a total of $130,362 from DSR and with Council’s contribution of $141,069 the total project budget increased to $271,431. This was presented to Council in February 2016 and resulted in the following resolution:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr D Male

That Council:

1.       Agrees to relinquish the existing CSRFF grant of $47,626 and requests the Chief Executive Officer to advise the Department of Sport and Recreation accordingly.

2.       Requests the Chief Executive Officer to accept the approved funding of $130,362 announced by the Minister of Sport and Recreation through the CSRFF program.

3.       Considers an allocation of an additional $98,675 to account 117316 in the 2016/17 budget process to match the approved DSR funding.

4.       Requests that the Chief Executive Officer approach the Broome Netball Association and Broome Basketball Association Incorporated to request they contribute to the project through in kind support or a financial contribution with this to be considered by Council as part of the 2016/17 budget process. 

5.       Notes that the works, if approved in the 2016/17 budget, will be scheduled after the 2016 Broome Basketball Association Incorporated and Broome Netball Association seasons.

CARRIED UNANIMOUSLY 7/0

The full method of project implementation includes:

·    Remove and reinstate 2 panels of fencing.

·    Seal major cracks.

·    Supply and install a tack coat and geofabric membrane to the total area within the fence line

·    Supply and lay 30mm (minimum) x AC7, compacted hotmix.

·    Supply and lay a two-tone, three coat, Acrylic Surface System comprising one coat of Acrylic Resurfacer (base/filler coat) and two coats of Fortified Finish.  Including line marking by hand for netball, basketball and modified soccer with a textured finish in nominated colours.

The Shire of Broome has an existing contract in place with a predetermined supplier (Sports Surfaces – via RFQ 16 - 66) to undertake the court specialist components  including filling and sealing of existing cracks, laying of the three layer acrylic and line marking.

The scope of this contract (RFQ 16 – 81) includes:

·    Supply and install a tack coat (at rate of 1 litre per square metre)

·    Supply and install a geofabric membrane (PF1) to the total area within the fence line

·    Supply and lay 30mm layer of AC7, compacted hotmix (binder type 320).

The successful contractor is required to liaise with Sports Surfaces to ensure that the timing of the works is coordinated to limit the time between the existing cracks being treated and the geo fabric and asphalt being laid. 

 

COMMENT

 

In line with Shire of Broome’s purchasing policy 2.3.7. RFQ 16 – 81 was sent to five WALGA prequalified suppliers inviting submissions. The submission period closed at 4:00pm WST on Friday 30 September 2016.

 

While this means that it is considered a public tender exempt process, the contract total is above that of the Chief Executive Officer’s delegation of authority (exceeding $150,000), hence Council is requested to consider the contract for award.

 

The works were originally planned to commence in October but due to works they are contracted for in other regions, the recommended contractor is unable to undertake the court works prior to wet season. To ensure that there is minimal disruption to users, the works will need to be completed in March/April 2017. The anticipated project schedule is as shown below:

 

Timeframe

Task

Responsibility

30 September 2016

RFQ close

Shire of Broome

27 October 2016

Contract award

Shire of Broome

November 2016

Issue purchase order

Shire of Broome

March 2017

Treatment/remediation of cracks

Sports Surfaces

March 2017

Lay geo fabric and asphalt 

Asphalt contractor

April 2017

Allowance for asphalt to cure

All

April 2017

Lay acrylic surface and line marking

Sports Surfaces

 

CONSULTATION

 

Upon award of this contract, consultation will be undertaken with the Broome Netball and Basketball associations to advise of the scheduling of works to minimise disruption to regular users/seasons. The majority of use within the proposed period of works is the BRAC mixed netball competition which can be played on the indoor courts. Some early season training may be effected for the associations listed above.

 

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;

                           or

                 (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;

                           or

                   (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;

                           or

                  (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;

                           or

                   (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;

                           or

                  (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

 

FINANCIAL IMPLICATIONS

 

This project is part funded by the Department of Sport and Recreation Community Sport Recreation Facility Funding program, with the remaining funds contributed by the Shire of Broome.

 

Funding Source: BRAC Multi Sport Hard Court Resurfacing

Funding Type

Capital  or Start Up Expense

Funding Details (eg RLCIP)

Account Number

Grant

130,362

DSR

117294

Reserve

0

 

 

Budget

141,069

Shire

117316

TOTAL

271,431

 

 

This project is included in the 2016/17 budget and with the contract price for RFQ 16 – 81 included, is within allocation for the works.

 

RISK

 

Risk

Risk rating

Mitigation options

Contract not awarded - RFQ process to be repeated, delaying works

Possible/Moderate = High

Award contract to recommended supplier

Inclement weather delays works from being able to commence until after the wet season

Possible/Moderate = High

Undertake the crack remediation works and lay the geofabric and asphalt. With the acrylic to be laid in favourable weather conditions

DSR funding in jeopardy as project not in line with proposed schedule in funding agreement

Possible/Moderate = High

Have works completed and funding acquitted prior to 15 June 2017

Additional costs incurred for having engaged but now delaying woks for Sports Surfacing company

Unlikely/moderate = Medium

Liaise with Sports Surfaces to ensure that the works are able to be planned as early as possible to allow advanced work scheduling

 

 

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 and leisure 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:

 

Core asset management to optimise Shire’s 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:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Awards RFQ 16 – 81 Asphalt Services for the resurfacing of the BRAC Hard Courts as per the confidential attachment.

2.       Authorises the Chief Executive Officer to negotiate the timing of the works with the successful contractor.

3.       Authorises the Chief Executive Officer and Shire President to engross the contract documentation.

 

Attachments

1.

Evaluation report RFQ 16/81 (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”.

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 162 of 163

 

9.2.7      BROOME CHRISTMAS PARTY 2016 EVENT APPLICATION

LOCATION/ADDRESS:                            Chinatown

APPLICANT:                                              Broome Chamber of Commerce and Industry

FILE:                                                           REP005

AUTHOR:                                                   Events & Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 October 2016

 

SUMMARY:         This report seeks Council’s consideration of an event application received from the Broome Chamber of Commerce and Industry (BCCI) to hold a Christmas Party in Chinatown on Carnarvon Street, Short Street and Dampier Terrace on 9 December 2016.

As per Council’s Policy 5.1.11 - Events, any ‘Category 3’ events expecting 2500 – 5000 patrons require the approval of Council.

This report also seeks Council’s consideration to provide support to the event and enter into a Memorandum of Understanding (MoU) with BCCI to provide in-kind and financial support for the holding of the Christmas Party.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 29 September 2016                Item 9.2.1

 

At the Ordinary Meeting of Council held on 29 September 2016, Council considered a request for sponsorship from Spirit FM to hold a 2016 Community Christmas party at Town Beach. At this meeting Council resolved the following:

 

Council Resolution:

Moved: Cr C Mitchell                                                                           Seconded: Cr W Fryer

That the item be deferred pending discussion between the Shire, Spirit FM, Broome Chamber of Commerce and Industry and Chinatown traders.

CARRIED 6/1

 

Reason: Council wishes to discuss the matter further with parties involved prior to a decision being made.

 

A meeting was subsequently held on Thursday 6 October 2016 between representatives of Spirit FM, Broome Chamber of Commerce and Industry (BCCI), the Shire President, Shire Chief Executive Officer and Shire officers to discuss the annual Christmas party. At the close of this meeting Spirit FM expressed intent to host their annual Christmas party at Town Beach and the BCCI also indicated that they wish to progress with a proposed Christmas party in Chinatown.

 

In recent times, Spirit FM have hosted two annual Christmas events in Broome, including a Children’s Christmas Party held at Broome Recreation and Aquatic Centre (BRAC) and a Christmas Party in Chinatown.  As BRAC is closed for upgrade over the 2016 Christmas period, Spirit FM recognised this as an opportunity for change and accordingly proposed to host a combined event at Town Beach.  A formal event application was received on 6 October 2016 for a proposed Broome Community Christmas Party on the Bay, inclusive of children’s activities.

 

At the Chinatown Stakeholder and Community Reference group meeting held Tuesday 4 October 2016, concern was raised in losing The Chinatown Christmas event. The BCCI, on behalf of the Business Community of Chinatown, advised at this meeting that they would coordinate the 2016 Chinatown Christmas party. A formal event application and request for funding was subsequently received on 7 October 2016 and Council is therefore requested to consider contributing to this event.

 

On Monday 10 October 2016, Spirit FM advised that their proposed Community Christmas party to be held at Town Beach would not be proceeding and that their previous request for sponsorship support was no longer required.

 

COMMENT

 

The Broome Chamber of Commerce and Industry (BCCI) have formally submitted an event application on behalf of the Business Community of Chinatown, proposing to host a Christmas party in Chinatown on 9 December 2016 to ensure the popular annual Christmas party remains in Chinatown for 2016.

 

Council is requested to consider the event application and request for in-kind and financial support for this event.

 

The event is proposed to be held in the Chinatown precinct and will include road closures for Carnarvon Street, Short Street and Dampier Terrace for a period from 1.00 to 11.30pm.

 

The proposed event will include late night trading for the businesses located in the precinct, market stalls, children’s activities and music. The pearl retailers will coordinate the “The Great Pearl Off” which will include traditional Pearlers games and Santa will arrive on Camel Back, with live music performances starting from 7.30pm to 11.00pm.

 

Further information is currently outstanding, however it is intended for officers to continue to work with the BBCI to ensure the event application is compliant with the Shire of Broome Events policy 5.1.1 and all local laws, State and Federal Acts and Regulations related to the event activity.  Further to the event application, BCCI are seeking Council’s financial and in-kind support for the event (refer to attachment 1).

 

To formalise Council’s support for the event, a MoU is recommended to be established between the Shire of Broome and BCCI.

 

Under this agreement it is proposed that the Shire would commit to the following:

(a)     Provide in–kind support for the provision of a waste service;

(b)     Cover the venue hire and application fees;

(c)     Provide in–kind traffic controllers to implement the Traffic Management plan;

(d)     Provide a cleaning service for toilet and site cleaning;

(e)     Place the public notices of road and ramp closures in the Broome Advertiser;

(f)      Promote the Community Christmas party in the Shire’s newsletter and other Shire of Broome media channels including Facebook and the Shire of Broome website.

 

Under this agreement it is proposed that BCCI would commit to the following:

(a)   Undertake event coordination including the event application and the booking of entertainment and activities;

(b)   Complete and submit to the Shire of Broome a risk plan, insurance certificates of currency, and all other event related documents;

(c)   Undertake the marketing of the Broome Chinatown Christmas Party;

(d)   Recognise the Shire as a  sponsor of an annual Chinatown Christmas party event including all advertising, promotional material, on the Broome Chamber of Commerce and Industry website and provide a link to the Shire’s website and during the event;

 

CONSULTATION

 

Broome Chamber of Commerce and Industry

Spirit FM

Chinatown Stakeholder and Community Reference Group

Members of the Business Community of Chinatown

 

STATUTORY ENVIRONMENT

 

Shire of Broome Local Government Property and Public Places Local Law 2012

 

Definitions and Interpretations

 

1.6     (1) In this local law, unless the context otherwise requires: “function” means an event or activity characterised by any or all of the following:

 

(a) formal organisation and preparation;

(b) its occurrence is generally advertised or notified in writing to particular persons;

(c) it is organised by or on behalf of a club;

(d) payment of a fee is required for attendance; and

(e) there is systematic recurrence in relation to the day, time and place;

 

3.1     (1) Where a person is required to obtain an approval from the local government under this local law, that person shall:

(a) not do the thing for which the approval is required without first obtaining the approval; and

(b) apply for the approval in accordance with subclause (2).

 

(2) An applicant shall make an application for an approval by completing the form provided for the purpose by the local government, paying the application fee to the local government and forwarding the application to the local government.

(3) The signature of the applicant on the form under subclause (2) shall be deemed to be proof that the applicant has:

 

(a) read and understood any conditions printed on the application form; and

(b) accepted and agreed to comply with any conditions printed on the application form.

 

Determination of application

 

3.2     (1) The local government may, in respect of an application for an approval: (a) refuse the application; or (b) approve the application on such terms and conditions, if any, as it considers fit.

(2) Without limiting the generality of subclause (1)(b), the local government may impose conditions requiring the payment of a fee for the issue of the form of approval referred to in subclause (3) and for the renewal of the approval, including the payment of a renewal fee.

(3) If the local government approves an application under subclause (1)(b), then it is to issue to the applicant an approval in the form determined by the local government.

 

Conditions of approval

 

3.3              (1) Where an application for an approval has been approved subject to conditions, the approval holder shall comply with each of those conditions.

(2) The local government may vary the conditions of an approval and the approval holder shall comply with those conditions as varied.

 

Division 2 – Matters relating to approvals

 

Term and validity of approval

 

3.4 An approval remains valid until:

 

(a) the expiration date and time stated in the approval is reached;

(b) the activity or function for which the approval was issued is changed to the extent that it is no longer consistent with the original purpose or intent for which the approval was given;

(c) the approval is cancelled by the local government under clause 3.5; or

(d) the public liability or indemnity insurance required as a condition of an approval lapses, is cancelled or is no longer current.

 

3.5     (1) The local government may cancel an approval if:

 

(a) anything purporting to be done in accordance with the approval is not done in conformity with the conditions of the approval;

(b) the approval holder is convicted of an offence against this local law; or

(c) the approval holder fails to comply with a notice given under clause 12.1 in relation to a breach of the approval or a condition of the approval.

 

(2) Notwithstanding subclause (1), where an approval relates to the hiring of local government property, the local government may cancel the approval at any time. (3) Where the local government cancels an approval for the hire of local government property under subclause (2), then the local government shall not be liable to the approval holder for any loss or damage sustained by the approval holder arising from the cancellation

 

Part 4 – Activities Which Are Restricted Or Prohibited On Local Government Property and Public Places

 

Division 1 – Activities only permitted under an approval or by a sign

Activities requiring an approval 4.1 (1) A person shall not on any local government property or public place within the Broome town site area, without first having obtained an approval from the local government to do so:

 

(a) consume any liquor;

(b) erect a structure for public amusement or for any performance for personal gain or otherwise;

(c) conduct any function;

(d) light or set off any fireworks or conduct a fireworks display;

(e) light any fire except in a facility provided for that purpose;

(f) erect any tent, camp, hut, building or other structure, other than a beach umbrella or other portable item used for protection from the elements between sunrise and sunset on any day;

(g) coach, teach, instruct or train any person for a fee;

(h) charge a person for entry to local government property;

(i) operate any broadcasting or public address system or apparatus, other than those used by a life saving club in the performance of its functions;

(j) erect any sign;

(k) walk, lead, ride, herd or drive any large animal;

(l) play or use any musical instrument or any other similar device;

(m) pursue a use on local government property set aside for that purpose under clause 5.1

 

Shire of Broome Trading, Outdoor Dining ad Street Entertainment Local Law 2003

 

Definitions and Interpretations 1.6 In this local law unless the context requires otherwise: “trading” includes:

 

(a)  the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

 

(b) displaying goods in any public place for the purpose of:

(i) offering them for sale or hire;

(ii) inviting offers for their sale or hire;

(iii) soliciting orders for their sale or hire; or

(iv) carrying out any other transaction in relation to them; and

 

(c) the going from place to place, whether or not public places, and:

(i) offering goods or services for sale or hire; or

(ii) inviting offers or soliciting orders for the sale or hire of goods or services, but does not include:

 

(d) the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or services to accept delivery, whether or not payment for those goods or services is made on delivery;

 

46. Local laws and regulations generally (1) Any regulation made under section 44 or local law made under this Act may be so made —

(a) as to apply generally or in a particular class of case, or particular classes of cases, at all times or at a specified time or specified times, throughout the district or in a specified part or specified parts of the district and in areas which although not within the district are by the operation of the provisions of this Act nevertheless to be regarded as being within the district;

(b) as to require a matter affected by it to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, a specified person or body, or class of person or body, and so as to delegate to or confer upon a specified body a discretionary authority; and

(c) as to provide that in specified cases, or a specified class of case, or specified classes of cases, whether on specified conditions or unconditionally, persons or things may be exempted from its provisions either wholly or to such extent as is specified.

 

(2) Any regulation made under section 44 or local law may make provision for the imposition of penalties not exceeding $100 in respect of any contravention.

 

(3) Where in relation to a regulation made under section 44 or local law made under this Act the expression “specified” is used, the expression, unless the context requires otherwise, means specified in that regulation or local law.

 

Shire of Broome Health Local Law 2006

 

Division 3 - Keeping of Large Animals

 

5.3.1 Interpretation

 

5.3.1 In this Division, unless the context otherwise requires - "approved animal" includes a horse, cow or large animal the subject of an approval by the local government under Section 5.3.2;

"cow" includes an ox, calf, or bull;

"horse" includes an ass, mule, donkey or pony;

and "large animal" includes a pig, sheep, goat, deer or camel.

 

5.3.2 Conditions for keeping of an animal 5.3.2

 

(1) An owner or occupier of premises, within a townsite shall not keep a horse, cow or large animal on those premises without approval of the local government.

(2) An owner or occupier of premises who has an approved animal shall ensure –

(a) the premises has an area of not less than 0.2 hectares for the exclusive use of the approved animal; and

(b) the approved animal does not approach within 30 metres of a dwelling.

 

5.3.3 Stables

 

5.3.3 (1) Subject to clause 5.3.3(4) the owner or occupier of premises within the townsite, who has an approved animal is to provide for its use a stable which shall –

 

(a) not be situated within 30 metres of a house or other premises;

(b) have a proper separate stall –

(i) for each horse, cow or large animal; and

(ii) the floor area of which shall be a minimum of 6 square metres;

(c) have each wall and roof constructed of an approved impervious material;

(d) have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height;

(e) subject to subsection (3), have a floor, the surface of which shall –

(i) be at least 75 millimetre above the surface of the ground;

(ii) be constructed of cement, concrete or other similar impervious materials approved by the Manager Health Services;

(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable and shall discharge in a manner approved by the local government.

 

(2) The owner or occupier of any premises on which a stable is located shall –

(a) maintain the stable in a clean condition and when so directed by an Environmental Health Officer, clean, wash and disinfect it;

(b) keep all parts of the stable so far as possible free from flies or other vectors of disease by spraying with a residual insecticide or other effective means; and

(c) when so ordered by an Environmental Health Officer, spray the stable or such parts as maybe directed, with a residual insecticide.

 

(3) A stable constructed with a sand floor may be permitted by the local government, subject to the following –

(i) the site must be well drained with the highest known water table at least 1.5 metres below the sand floor level, which may be achieved artificially;

(ii) sand whether natural or imported, must be clean, coarse and free from dust;

(iii) the stable design must allow for the access of small earth moving machinery such as a skid steer loader, into each stall, to maintain the correct floor height;

(iv) the minimum floor area of each stall shall be not less than 28 square metres and walls shall be not less than 3 metres vertically or 4 metres horizontally;

(v) the roofed area of each stall shall not be less than 50 percent of the floor area of the stall.

 

(4) An owner or occupier of a premise may apply in writing to the Local Government for an exemption from compliance with the requirements of Section 5.3.3(1).

 

POLICY IMPLICATIONS

 

Events Policy 5.1.11

Traffic Management for Events Policy 3.1.20

 

FINANCIAL IMPLICATIONS

 

An allocation of $35,976 has been included for Christmas Decorations and a Street party in the 2016/17 budget. This includes Salary costs for Works department personnel, repairs and replacement for Christmas decorations and for in-kind support and provisions of services of a Community Christmas party.

 

Details

Annual 2016

Amount $

GL Account

Job Number

Budgeted Allocation 2016/17

$35,976

116199

 

Expended or Committed

$27,196

116199

 

Remaining Balance Available

$8,779

 

 

 

The requested sponsorship support by BCCI for in-kind support and provision of services for the Chinatown Christmas party is outlined in the table below.

 

Funding Type

Details

Annual 2016

Cost $

GL Account

Job Number

In-Kind

Waste services 18 sulo Bins

$979.28

116199

 

 

Traffic Management personnel and signage

$5000.00

116199

34

 

Venue hire Half Day 50 Non-Profit Discount

$ 313.50

116199

 

 

Application Fee Walk Ride Large animal

$55.00

116199

 

 

Application Fee Event Category 3 (2500 - 5000)

$1,100.00

116199

 

 

Application Fee Public Building Low Risk

$210.00

116199

 

Provision

Toilet and site cleaning

$528.22

116199

34

 

Road and Ramp closures Advertisement

$330.00

116199

34

TOTAL

 

$8,516

 

 

 

The request is therefore within budget.

 

RISK

 

The current focus on the Chinatown revitalisation and the associated funding that has been awarded to this project presents a risk that to not financially support the Christmas Party in Chinatown initiative, being undertaken by the Broome Chamber of Commerce and Industry (BCCI) on behalf of the business community of Chinatown, could be perceived as a lack of support for the Chinatown revitalisation project.

 

The event application has been submitted, including a risk management plan along with a current Certificate of Currency for Public Liability insurance. This event is considered to be a low to medium level risk for the Shire.

 

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 and leisure activity

 

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

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Requests the Chief Executive Officer to finalise negotiations and enter into a Memorandum of Understanding (MoU)(as attached) between the Shire of Broome and Broome Chamber of Commerce and Industry to provide in–kind and provision of services sponsorship to the value of $8,516 for the Broome Community Christmas Party in Chinatown, subject to the following conditions:

(a)     Shire of Broome to provide:

(i)      provision of cleaning personnel;

(ii)      in-kind traffic management and waste management services;

(iii)     the venue hire fees for Carnarvon Street power;

(iv)    placement of the road and ramp closure public notices; 

(v)     event application fees;

(vi)    promote the Chinatown Christmas party event in the Shire newsletter

(vii)    a website link on the Shire website to The Broome Chamber of Commerce and Industry website; and

(viii)   a distinguished guest speaker for a welcoming/opening ceremony if requested.

(b)     Broome Chamber of Commerce and Industry to comply with the following conditions of funding:

(i)      recognise the Shire as a  sponsor at the annual Chinatown Christmas party event;

(ii)      recognise the Shire as a  sponsor in all advertising and promotional material, including on any program, newsletter and other printed communications;

(iii)     recognise the Shire as a  sponsor on the Broome Chamber of Commerce and Industry website and provide a link to the Shire’s website;

(iv)    Verbally acknowledge the Shire as a Sponsor during formal speeches

(v)     promote the Shire in radio, printed or television advertisements/ communications at all opportunities;

(vi)    invite the Shire President, Councillors and Chief Executive Officer to any welcoming/opening events;

(vii)    Undertake the event coordination including: the event application, the booking of entertainment and activities, completion and submission to the Shire of Broome a risk plan, insurance certificates of currency and all other event related documents.

2.       Authorises the Shire President and the Chief Executive Officer to engross the MoU.

3.       Delegates authority to the Chief Executive Officer to approve (with minor variations           as required) the issuing of an event permit in accordance with Event Policy 5.1.11 to           Broome Chamber of Commerce and Industry for the staging of the proposed Christmas Party  in Chinatown on 9 December 2016 subject to:

(a)     Compliance with all local laws, State and Federal Acts and Regulations related to the event activity;

All risk control measures, outlined within the Risk Management Plan submitted with the event application are adhered to, to the satisfaction of the Chief Executive Officer.

(Absolute Majority Required)

 

Attachments

1.

Request for Sponsorship

2.

Event Application

3.

BCCI Memorandum of Understanding - Draft

 


Item 9.2.7 - BROOME CHRISTMAS PARTY 2016 EVENT APPLICATION

Request for Sponsorship

 

 

 

 

Thursday 6 October 2016

 

 

 

Sam Mastrolembo

Deputy CEO

Shire of Broome

 

 

 

Dear Sam

 

Application for Shire to support the 2016 Broome Christmas Party at Chinatown – 16 Dec 2016

 

On behalf of the business community of Chinatown, The Broome Chamber of Commerce and Industry (BCCI) wishes to apply for support to the Shire of Broome toward the 2016 Broome Christmas Party being held in Chinatown on Friday 16 December 2016.

 

The Christmas Party is an initiative by Chinatown traders who wish to continue the popular tradition of hosting this event each year.  By request of those traders we have scheduled it to be held on the last day of school for 2016 – Friday 16 December from 5pm with a focus on providing joy and festivity to children and families. 

 

The BCCI has offered to auspice the business community of Chinatown and manage the event with a focus on it being a truly community led initiative.

 

With limited access to funds we wish to apply for consideration to the Shire of Broome to offer in-kind support for various functions to do with managing the compliance and logistics.

 

We’re most grateful for your consideration and any contribution you may be able to make toward this effort.

 

Warm regards,

signature

 

JAEL NAPPER

Chief Executive Officer

Broome Chamber of Commerce & Industry

ceo@broomechamber.com.au

08 9193 5553

 


Item 9.2.7 - BROOME CHRISTMAS PARTY 2016 EVENT APPLICATION

Event Application

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.7 - BROOME CHRISTMAS PARTY 2016 EVENT APPLICATION

BCCI Memorandum of Understanding - Draft

 

 

SOB-logobl-cmykUC.jpg

 

 

 

SHIRE OF BROOME

and

The Broome Chamber of Commerce and Industry

 

SPONSORSHIP AGREEMENT

 

2016 Christmas Party

 

 

Shire of Broome

27 Weld Street

PO Box 44

Broome, WA 6725

Phone:  (08) 9191 3456

Fax:  (08) 9191 9455


 

This AGREEMENT is made on < > 2016

BETWEEN

Shire of Broome (the Shire)

of PO Box 44,             

Broome, WA 6725               

AND

The Broome Chamber of Commerce and Industry

of PO Box 1307,                            

Broome, WA 6725                        

 

RECITALS:

A.   The Broome Chamber of Commerce & Industry is representative of the diverse business community in Broome with origins in pearling, agriculture and retail, evolving into tourism and hospitality and continuing to thrive and prosper with construction, light manufacture, oil and gas, transport and as a regional service delivery centre

 

B.    The Shire of Broome is located within the North West region of Australia, and has provided financial support to The Broome Community Stallholders Association.

 

C.   The parties have agreed to enter into a cooperative arrangement to promote and acknowledge the Shire’s contribution.

 

OPERATIVE PART:

The Parties AGREE:

PURPOSE

 

The purpose of this Agreement is for the Shire and The Broome Chamber of Commerce and Industry to work together and independently to deliver the annual Chinatown Christmas party in 2016, and create positive outcomes for both parties.

 

The intention of this agreement is to see both parties act in ways that honour the spirit of the partnership and continue to foster a positive, collaborative relationship.

 

1.    OBJECTIVES

The parties AGREE that their objectives are to:

(a)  raise awareness of the Shire’s contribution to the community;

 

(b)  utilise the annual Chinatown Christmas party to assist the Shire in meeting its community, corporate and business goals;

 

(c)  provide The Broome Chamber of Commerce and Industry with access to the Shire’s resources, and assistance with delivering the event; and

 

(d)  encourage residents, visitors, local community groups and businesses to participate in the annual Chinatown Christmas party event.

 

2.    TERM

This Agreement commences on the date of execution by both parties, with regard to the 2016 annual Chinatown Christmas party and expires on 31 December 2016.

3.    NOT LEGALLY BINDING

 

This Agreement is a statement of the intentions of the parties at the date here of in relation to the issues within it.  It is not intended that this Agreement create any contractual relationship or that it is to be legally binding on the parties.

 

4.    THE BROOME CHAMBER OF COMMERCE AND INDUSTRY RESPONSIBILITIES

In consideration of its responsibilities, The Broome Chamber of Commerce and Industry agrees to:

(a)  recognise the Shire as a  sponsor at annual Chinatown Christmas party event;

i.   in all advertising and promotional material, including on any program, newsletter and other printed communications;

ii.  on the Broome Chamber of Commerce and Industry website and provide a link to the Shire’s website;

 

(b)  verbally acknowledge the Shire as a Sponsor during formal speeches

 

(c)  promote the Shire in radio, printed or television advertisements/ communications at all opportunities;

 

(d)  invite the Shire President, Councillors and Chief Executive Officer to any welcoming/opening events;

 

(e)  A report is submitted to the Shire on the Chinatown Christmas party event which includes the financial details, a copy of any publicity and recordings of events/activities and evaluation of the event, within three months of it concluding of this Agreement.

 

(f)   A full acquittal will be required from the applicant including evidence of expenditure.

 

(g)  Include reference to the Shire in media releases sent to media outlets within Australia, where appropriate.

 

6.       SHIRE’S RESPONSIBILITIES

 

In consideration of its responsibilities, the Shire AGREES to:

 

(a) provide in-kind support and provision of services

FINANCIAL YEAR

SPONSORSHIP

DUE

AQUITTAL DUE

2016/17

$8,516.00

December  2016

March 2017

 

(b) promote the Chinatown Christmas party event in the Shire newsletter;

 

(c) provide a website link on the Shire website to The Broome Chamber of Commerce and Industry website; and

 

(d) provide a distinguished guest speaker for a welcoming/opening ceremony if requested.

 

7.         ANNUAL FINANCIAL IMPLICATIONS

SHIRE OF BROOME provides:

COST

Provision of  Traffic management plan implementation

$5,000.00

Provision of Toilet and site Cleaning

$   528.22

In- Kind – Waste services

$   979.28

In- Kind – application fees

$1,365.00

In – Kind Venue hire

$   313.50

In – Kind Road /Ramp Public Notice advertisement

$   330.00

Total Value

$8,516.00

8.         ADDITIONAL SUPPORT AND SERVICES FROM THE SHIRE

Any request for additional services from the Shire will be treated and charged by the Shire as private works.

9.         RIGHT TO TERMINATE ON NOTICE

 

Notwithstanding any other provision of this Agreement, the parties AGREE that either party may terminate this Agreement for any reason upon six (6) months written notice to the other party.

 

10.       CONFIDENTIALITY AND DISCLOSURE

 

(a)     Each party undertakes and agrees to, not make any public announcement or statement or publish or release any information in relation to this Agreement or proposed collaboration, without prior communication to the other party.

 

(b)     Each party undertakes and agrees, to keep confidential any information that it receives from the other party which is marked confidential or which a party notifies the other party is confidential.

 

11.     DISPUTE RESOLUTION

a)        In the event of a dispute between The Broome Chamber of Commerce and Industry concerning this Agreement, the affected party may give the other a written notice setting out the material particulars of the dispute.

b)      Each party shall appoint a senior officer with authority to negotiate and reach           settlement, and the parties’ representatives shall personally meet within ten      business days of the date of the receipt of the notice outlined in clause 10(a)

c)      The parties’ representatives in good faith, and using their best endeavours at    all times, shall attempt to resolve the dispute.

 

12.     relationship between the parties  

Nothing contained or implied in this Agreement constitutes any party the partner, agent or representative of any other party or creates any partnership, agency or trust and no party has the authority to bind any other party in any way.

 

13.     VARIATION

This Agreement may be varied only by deed executed by the Parties.

14.     COSTS

Each party shall bear its own legal and other costs and expenses relating directly or indirectly to the preparation of, and performance of its obligations arising out of this Agreement.

15.     GOVERNING LAW

This Agreement is governed by and is to be interpreted in accordance with the laws of Western Australia and, where applicable, the laws of the Commonwealth of Australia.

16.     NO FETTER

Notwithstanding anything contained within this Agreement, the parties ACKNOWLEDGE that the Shire is a local government established by the Local Government Act 1995 (WA), and in that capacity, the Shire will be obliged to comply with statutory obligations imposed by law and the Shire will not be taken to be in default under this Agreement by performing its statutory obligations or exercising its statutory discretions, nor shall any provision of this Agreement fetter each party in performing its statutory obligations or exercising any discretion under any law.


 

The Broome Chamber of Commerce and Industry agrees to use the funds in accordance with the terms and conditions contained in the sponsorship agreement

 

 

 

_______________________________                   ____________________________

OFFICE HOLDER SIGN                                       OFFICE HOLDER SIGN

Office Held:                                                Office Held:

Full Name:                                                            Full Name:

Address:                                                               Address:

 

         

The Shire of Broome agrees to provide funds in accordance with the terms and conditions contained in the sponsorship agreement

 

 

___________________________                                __________________________

SHIRE PRESIDENT                                                         CHIEF EXECUTIVE OFFICER

R J Johnston                                                                K. R Donohoe

 

 

 

 

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 184 of 185

 

9.2.8      INSTALLATION OF FIRE SERVICE IMPROVEMENTS - PASPALEY PLAZA - LOT 201 SHORT STREET, BROOME

LOCATION/ADDRESS:                            Lot 201 Short Street, Broome

APPLICANT:                                              Paspaley Pearls Properties Pty Ltd

FILE:                                                           SHO-1/8

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 October 2016

 

SUMMARY:         The Shire of Broome has received an application for development approval which seeks to install fire service improvements (water storage tanks and pumping system) in the rear Gray Street car park at the Paspaley Plaza shopping centre.

The application is being referred to Council as it will result in the removal of approximately 18 parking bays on the Paspaley Plaza site. Further, the fire service equipment is proposed to be housed in a sea container which does not meet with Local Planning Policy 8.5 Shipping and/or Storage Containers and will be visible to a public place which does not meet Local Planning Policy 8.7 Sprinkler and Hydrant Water Tanks.

This report recommends that the application is conditionally approved.

 

 

BACKGROUND

 

Previous Considerations

 

SMC 27 June 2006                             Item 9.3.1

OMC 10 May 2007                             Item 9.3.6

 

Background

 

Lot 201 is developed as the Paspaley Plaza shopping complex and was originally approved by Council in December 1994, followed by the addition of the Post Office building in August 1995. The site has a total gross floor area of 8,449m2.

 

At the Special Council Meeting on 27 June 2006, Council granted approval for the redevelopment of the site to allow for the construction of a Discount Department Store and other retail floor space which proposed an additional 2,930m2 floor area for the site. At the Ordinary Meeting of Council on the 10 May 2007, Council issued another approval which amended the 2006 approval and proposed a smaller increase in floor area (544m2 instead of 2,930m2). The expansion of the shopping centre floor area provided for in the 2006 and 2007 proposal were not acted upon. As such, the shopping centre currently has a gross leasable area of 8,449m2.

 

Proposal

 

At the time of construction of the shopping centre in 1995, water services to the site were of sufficient capacity to meet the relevant standards. As a part of recent maintenance of the fire services located at the site, it has been identified that the water supply mains provided by the Water Corporation no longer provide adequate water supply to meet the relevant standards for fire services. As a result, the water supply must be upgraded by the property owner and this requires the construction of water storage and pumping systems on site.

 

The proposed works consist of the following (referred to as ‘fire service improvements’):

·    Installation of two 160 KL water tanks; and

·    Pumping equipment housed within a sea container.

 

The fire service improvements are proposed to be located within the Gray Street car parking area (refer to Attachment No 1 & 2 – location plan and site plan). The development will result in the removal of 18 car parking bays provided in this section of the shopping centre complex.

 

COMMENT

 

The application which seeks approval for the installation of fire service improvements on the site has resulted because the water pressure supplied to the site over time has been reduced. Therefore, to achieve compliance with the relevant Australian Standards, the owner is required to improve the fire services by providing water storage and pumping systems.

 

In considering this application, the following matters must be taken into account:

 

·    Parking provision;

·    Service and access arrangements;

·    Local Planning Policy 8.7 – Sprinkler and Hydrant Water Tanks (LPP 8.7);

·    Local Planning Policy 8.5 – Shipping and/or Storage Container (LPP 8.5); and

·    Heritage.

 

Each of these matters will be addressed in turn.

 

Parking Provision

 

The shopping centre was first approved under the provisions of Town Planning Scheme No 2 (TPS2). Under the provisions of TPS2, parking was required to be provided at the rate of one bay per 15m2 of retail floorspace and one bay per 40m2 of leasable floor area for offices. As a part of the earlier approvals for the shopping centre, the developer provided 457 parking bays (368 onsite, 61 bays constructed in the road reserves and 28 bays provided by way of cash-in-lieu payment).

 

In April 2003, following recommendations made in the Chinatown Development Strategy (2003), Council resolved to amend its parking provisions to apply a flat rate of parking of 1 bay per 25m2 of gross leasable area for all properties within Chinatown, regardless of the land use. Consistent with the provisions of Local Planning Policy 8.9 – Cash-in-Lieu Car Parking – Chinatown, properties that were developed on 18 August 2005 are entitled to recalculate parking requirements to current standards, taking into account any previous provision of cash payments in lieu of on-site car parking provided. Therefore, when the parking rates are recalculated to current standards, the development is required to provide a total of 338 bays, or 119 bays less than which have been provided by the development.

 

Therefore while the development will result in the removal of 18 parking bays from the site, as the development currently has a surplus of 119 bays the development still meets with the parking requirements of Local Planning Scheme No 6 (LPS6). This is summarised in the following table:

 

Total car parking required for the development on site

338 Bays

Amount of bays that have been provided

457 bays

Number of bays removed by this development

18 bays (less)

Number of bays remaining

439 bays

Car bays provided in excess of current requirements

101 bays

 

As such, the development meets with the parking requirements prescribed under the LPS6 and once the fire service improvements have been installed, the site will still have a surplus of 101 bays. 

 

Service and Access Arrangements

 

The proposed development is positioned to the rear of the shopping centre, within proximity to the existing loading/services areas for Coles and Australia Post. The applicant has positioned the fire service improvements so that the existing vehicle circulation on site will be maintained. As such, the existing service and loading areas on site that support the shopping centre will not be impacted by this proposal.

 

Local Planning Policy 8.7 – Sprinkler and Hydrant Water Tanks

 

LPP 8.7 was adopted to guide the acceptable positioning of sprinkler and hydrant water tanks to prevent adverse visual impacts. The Policy requires that the installation of sprinkler and hydrant water tanks are to:

 

·    Not detract from the amenity of the area, by way of location, size, height, shape, colour or materials;

·    Be screened from view from any road or public place;

·    Not be located within a building setback area specified in LPS6;

·    Not cause overshadowing or obstruction of views of sight-lines; and

·    Not detrimentally affect the heritage significance of a property included on the heritage list.

 

The application largely meets the above requirements as the site selected is positioned behind the existing buildings, and therefore will be screened from view of Carnarvon Street, Short Street and the principal activity areas of Chinatown. Further, given the existing development on site, the fire service improvements are considered adequate in terms of location, size and height. The system however will be visible from Gray Street, yet in this case it is considered acceptable and a more desirable location than having the infrastructure positioned within the Short Street parking area, which is a more visually prominent location on one of the main vehicle access points to Chinatown.

 

Further, the selected location is essentially the ‘back-of-house’ area of the shopping centre as it also contains the loading and service areas for Coles and Australia Post.  Therefore, this location is deemed to be the most suitable on site. The tanks and pump house will be painted green to match the other elements of the shopping centre and will be contained within black coloured chain-wire fencing. The applicant has outlined that it will install sympathetic landscaping around the installation to soften the visual impact.

 

Given the above, it is recommended that the proposed location is acceptable and while it will be visible from Gray Street, it is recommended that a variation to this provision of LPP 8.7 is granted.

 

Local Planning Policy 8.5 – Shipping and/or Storage Container

 

The pumping installation is proposed to be housed within a sea container and as such the provisions of LPP 8.5 apply. The Policy does not allow for the permanent installation of containers in the ‘Town Centre’ zone.

 

Given that the installation will be visible from a public place (Gray Street), it is recommended that Council approve the application on the condition that prior to the commencement of site works, amended plans are submitted showing an alternative design for the housing of the pump facilities. To be consistent with the development on site and the Town Centre – Design Guidelines, it is recommended that the condition specifically require the pumping house building to be constructed of colourbond with a pitched roof.

 

An alternative design for the housing of the pump house facility has been discussed with the applicant who has advised that the modification will be able to be accommodated within the design of the fire services improvements.

 

Heritage

 

As the building is positioned within the State Registered Chinatown Conservation Area, in accordance with the provisions of the Heritage Act of WA 1990, the application was referred to the State Heritage Office. The following response was provided:

 

·    Chinatown Conservation Area incorporates a number of buildings and archaeological remnants situated on a peninsula at the edge of Broome. The place is significant as an aesthetic landscape within a unique building style and is historically associated with pearling.

·    The proposed fire services upgrade to the Paspaley Plaza are located to the rear carparking area and will not have an adverse impact on the cultural significance of the place.

·    The proposed development is supported.

 

Based on the advice provided by the State Heritage Office, it is considered that the application is appropriate from a heritage perspective.

 

Summary

 

While it is noted that the application will result in the removal of parking bays from the site and this is not ideal, the proposal meets with the parking requirements under LPS6. The applicant did investigate a number of options for positioning of the fire service improvements (including Short Street car park, the car park ramp void, underground tank installation and the Gray Street car park) however the Gray Street option was the only feasible position.

 

The application has been reviewed against the matters to be considered set out under clause 67 of the deemed provisions and it is considered that the application is appropriate. While it is noted that the application specifically does not comply with LPP 8.7 as it will be visible from Gray Street, the proposed location of the fire service improvements is considered the most appropriate location on site. Further to LPP 8.5, it is recommended that a condition of approval is included setting out that the building to house the pumping system is altered so it is not a sea container.

 

Based on the comments above, it is recommended that the application is approved subject to conditions.

 

CONSULTATION

 

As set out in the ‘Heritage’ section above, the application was referred to the State Heritage Office in accordance with the requirements of the Heritage Act of WA 1990. No other consultation was required.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Heritage Act of WA 1990

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.5 – Shipping and/or Storage Container

 

Local Planning Policy 8.7 – Sprinkler and Hydrant Water Tanks

 

Local Planning Policy 8.21 – Design Guidelines – Town Centre Zone

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The proposed fire service improvements on site are required to ensure that the shopping centre meets with the Australian Standards. The development is required to reduce potential risks to occupants of the building in the event of a fire emergency.

 

STRATEGIC IMPLICATIONS  

 

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

 

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 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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council approves the application for development approval 2016/119 for ‘fire service improvements’ at Lot 201 Short Street, Broome submitted by Paspaley Pearls Properties Pty Ltd, subject to 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 & Specifications

P1 (location plan), P2 (site plan) and P3 (elevation plans) and as received by the Shire 3 October 2016.   

2.       Prior to any construction or works commencing on site, the applicant must prepare and submit the following plan(s) for the approval of the Shire of Broome:

(a)     Updated elevation plan for the pump house building showing the structure being a shed, and not a sea container, clad with custom-orb colourbond, green in colour and with a pitched roof.

(b)     A detailed landscaping plan. 

3.       At the completion of the development the applicant must install the landscaping in accordance with the approved landscaping plan.

 

Attachments

1.

Location Plan

2.

Site Plan

3.

Elevations

 


Item 9.2.8 - INSTALLATION OF FIRE SERVICE IMPROVEMENTS - PASPALEY PLAZA - LOT 201 SHORT STREET, BROOME

Location Plan

 

 

Attachment No 1 – Location Plan


Item 9.2.8 - INSTALLATION OF FIRE SERVICE IMPROVEMENTS - PASPALEY PLAZA - LOT 201 SHORT STREET, BROOME

Site Plan

 

 

PDF Creator


Item 9.2.8 - INSTALLATION OF FIRE SERVICE IMPROVEMENTS - PASPALEY PLAZA - LOT 201 SHORT STREET, BROOME

Elevations

 

 

PDF Creator


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 193 of 194

 

9.2.9      LEASE DISPOSAL SAM MALE LUGGER

LOCATION/ADDRESS:                            Lot 437 Dampier Terrace

APPLICANT:                                              Willie Creek Pearl Farm Pty Ltd

FILE:                                                           LSS020

AUTHOR:                                                   Asset & Building Coordinator

CONTRIBUTOR/S:                                    Property and Leasing Senior Officer

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 October 2016

 

SUMMARY:         This report requests that Council enter into a lease with Willie Creek Pearl Farm Pty Ltd in accordance with Section 3.58 (3)and (4) of the Local Government Act 1995, and authorise the Shire President and Chief Executive Officer to engross the final lease documentation.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 19 March 1996                         Item 12.4

OMC 23 April 1996                             Item 4.11

OMC 21 May 1996                             Item 4.8

OMC 18 June 1996                            Item 7.8

OMC 16 February 1999                     Item 12.2

OMC 1 November 2002                   Item 9.1.4

OMC 2 September 2009                  Item 9.4.4

 

COMMENT

 

The Shire of Broome purchased the Kimberley Male lugger, now known as the Sam Male lugger for $25,500 on 1 July 1977 from Pearls Pty Limited.  The 30.83 tonnes (gross) vessel was originally constructed in Fremantle in 1958. 

 

For a number of years the vessel was located on the median strip in Chinatown, then on 5 September 1997 a lease was entered into with Arrow Pearls Pty Ltd and relocated to their property, the ‘Pearl Luggers’ Tourist Facility on Dampier Terrace.  No lease fee was payable but the tenant was responsible for erecting a jetty style walkway around the vessel, promoting the premises as a tourist attraction, providing adequate security for the protection of the Lugger from vandalism and damage and maintaining the Lugger in good condition. 

 

The Sam Male Lugger has remained at that location since then.  The original lease expired on 4 September 2007 and has continued as a monthly tenancy since that date. 

 

At the Ordinary Meeting of Council on 2 September 2009 the following was resolved:

 

COUNCIL RESOLUTION

 

Moved:  Cr C R Mitchell                               Seconded:  Cr E R M Foy

 

That Council delegates authority to the Chief Executive Office to:

 

1.          Commence negotiations for a new lease with Arrow Pearl Co Pty Ltd.

 

2.          Investigate the availability of a suitably qualified Consultant/Shipwright to undertake a full report and costings on the value of the Sam Male lugger, condition of the Sam Male lugger, and the development of a conservation, asset management and maintenance plan.

 

3.          Investigate possible external funding options available such as Heritage Council or Lotterywest to potentially minimise cost to Council for the preparation of the report and costs associated with implementation of any report recommendation.

 

4.          Return to Council with an Agenda item, should no external funding be available, for consideration of a budget amendment of approximately $25,000 to undertake the required structural works as indicated by Arrow Pearl Co Pty Ltd, with any funding or works in accordance with the Shire of Broome Purchasing Policy 2.3.7.

 

CARRIED UNANIMOUSLY

 

Due to a number of reasons a new lease with Arrow Pearls was never completed, although a shipwrights report was prepared which identified a number of maintenance items.

 

Ownership of the Pearl Luggers business was sold to Willie Creek Pearl Farm Pty Ltd in the ensuing period, and in February 2016 the freehold over the lot was also transferred to Dampier Property Pty Ltd as trustee for the Luggers Superannuation Fund. The site is leased and operated by Willie Creek Pearl Farm Pty Ltd. Note that at this stage ownership of the D McD Lugger remains with Arrow Pearls.

 

On 13 April 2016, following the final transfer of freehold over the lot, Willie Creek Pearl Farm Pty Ltd wrote to the Shire requesting a lease of the Sam Male Lugger under the following proposed terms:

·    Set annual fee of $15k PA;

·    Lease term of five years plus 5 years plus 5 years;

·    The vessel be accessible for public viewing during seasonal business hours;

·    Subject to valuation arranged by the Shire insurance to be maintained by Willie Creek Pearls;

·    Space continues to be provided for the storage of the vessel;

·    Security and firefighting equipment to be maintained by Willie Creek Pearls; and

·    All structural R&M and future Capex be managed by the Shire.

 

Aon Valuation Services were commissioned to undertake a rental valuation of the vessel. The annual rent offered is greater than the valuation amount. (Refer Confidential Attachment 1).

 

In general the proposed lease terms are acceptable but it is recommended that the Lessee be responsible for the expense of all repairs and maintenance following an initial renewal program to the vessel to bring it up to good standard as a static land based exhibit. While the vessel is externally in reasonable condition, it is recognised that attention is required to the exterior paint, sails, deck hatches and supports.  $60,000 was allocated for renewal of the Sam Male Lugger in 2016/17 FY.

 

The existing location of the Sam Male at Pearl Luggers in historic Chinatown is a good one as:

1.       It is in close proximity to other historical assets such as Streeters Jetty;

2.       The infrastructure to allow safe viewing of the vessel is already in place with full disabled access to the walkway surrounding the vessel;

3.       The D McD lugger is also on display at the same site;

4.       Free public access is allowed for viewing, with the facility currently being open seven days a week during the tourist season, and five or six days a week during the off season (January to March).

 

Moving the vessel again would be expensive and difficult as a lot of the internal bulkheads have been removed over the years so the vessel has not got the strength to be moved unless extensive stabilisation were to take place.

 

CONSULTATION

 

Willie Creek Pearl Farm Pty Ltd

Aon Valuation Services

 

STATUTORY ENVIRONMENT

 

Section 3.58 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

 

 

FY 17

FY 18 onwards

Remarks

Capital Expense

 

 

 

Renewal

$60,000

 

Job id 132141

Sails, paint, deck hatches, supports

 

 

 

 

Income

 

 

 

Lease Rent

($7,500)

 

Six months

 

 

($15,000)

Full year

 

RISK

 

Option

Risk

Type

Rank

Mitigation

Do nothing – continue with existing lease holding over

 

Issues around interpretation of existing lease, minor disputes around repairs

Financial

Medium

Maintain communication with tenants and discuss any outgoings issues

Enter into new lease with Willie Creek Pearl Farm Pty Ltd

Lease structure or terms not suitable for tenancy

Financial

Operational

Low

Detailed consultation with lessee prior to agreeing lease terms

Do not undertake repairs

Vessel continues to deteriorate

Reputational

Operational

Medium

Carry out renewal works to bring vessel into good order

 

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 and leisure activity

 

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 preserved, unique and significant historical and cultural heritage of Broome

 

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:

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes the attached Confidential Aon Valuation Report.

2.       Authorises the Chief Executive Officer to negotiate terms and conditions of the lease           agreement in line with the following:

(a)     A lease term of five years with two further five year extensions;

(b)     Annual rental of $15,000 pa with review every five years;

(c)     The lessee reimbursing the Shire for legal costs associated in preparing a new   lease;

(d)     The lessee ensuring that all relevant legislation, local laws and regulations        (Federal, State or Local Government) are complied with;

(e)     The vessel be accessible for public viewing during seasonal business hours;

(f)      Maintenance of the vessel to be at the expense of the lessee.

3.       Requests the Chief Executive Officer to advertise the Sam Male Lugger lease in           accordance with Section 3.58 (3)and (4)  of the Local Government Act 1995.

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

 

Attachments

1.

AON Valuation (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”.

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 199 of 200

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.2.10    STATE ADMINISTRATIVE TRIBUNAL PROCEEDINGS - ROBERSON AND THE BEACH HUT WA PTY LTD V SHIRE OF BROOME

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           COS11

AUTHOR:                                                   Director Development Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    12 October 2016

 

SUMMARY:         Daryl and Angela Roberson and the Beach Hut WA Pty Ltd have filed two applications with the State Administrative Tribunal seeking the review of Shire decisions.  The purpose of this report is to provide Council with information on the status of these applications and also seek Council’s consideration as to whether it considers the hiring of “surf boards” to include the hiring of stand up paddle boards.

 

Attachments

1.

Letter from Robersons to the Shire dated 17 June 2016

2.

Response letter from the Shire to the Robersons

3.

Written submission by Kott Gunning

4.

Letter from Kott Gunning to the Shie regarding the Directions Hearing

5.

Letters from Templar Legal

6.

Letters from Kott Gunning to Templar Legal

7.

Letter to Tanya Barnes regarding SUP Licence

8.

Email from Tanya Barnes regarding SUP Trading Licence

   


 

9.3

 

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 201 of 202

This item and any attachments are 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”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and 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”.

9.3.1      RFT16/08 - DESIGN AND CONSTRUCTION OF THE KIMBERLEY REGIONAL OFFICES

LOCATION/ADDRESS:                            30 Frederick St

APPLICANT:                                              Nil

FILE:                                                           RFT16/08

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Deputy Chief Executive Officer/Director Community & Economic Development

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    13 September 2016

 

SUMMARY:         This report seeks Council consideration of an attached Confidential Tender Evaluation Report that has been prepared in regards to Request for Tender (RFT 16/08) Design and Construction of the Kimberley Regional Offices.

 

Attachments

1.

KRO Confidential Evaluation Panel Recommendation Report (Under separate cover)

2.

KRO Revised Financial Modelling

3.

Probity Certificate - RFT 16/08

4.

KRO Risk Register

 


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 202 of 203

This item and any attachments are 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”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.3.2      TRADING LICENCES FOR COMMERCIAL CAMEL ACTIVITIES ON CABLE BEACH

LOCATION/ADDRESS:                            Cable Beach

APPLICANT:                                              Nil

FILE:                                                           COS11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    4 October 2016

 

SUMMARY:         In 2013, trading licences were issued to three operators for Commercial Camel Activities on Cable Beach through an Expression of Interest process. In an effort to align the licences with crown leases for the keeping of camels on nearby land, currently all the licences expire in May 2017. It has not proven possible to align the leases and licence expiry dates.

This report provides an overview of three options for dealing with the licences. The report recommends that the existing licence holders are granted extensions to their licences to coincide with the expiry in 2025 of the lease issued to one of the licence holders.

The report further recommends that the CEO is requested to write to the Department of Lands reiterating the Shire’s desire to assume responsibility for land to which the leases apply, via a Reservation with a Management Order including power to lease.

 

Attachments

1.

Conditions of Trading Licence

   


 

9.4

 

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


Agenda – Ordinary Meeting of Council 27 October 2016                                                                         Page 204 of 205

 

9.4.1      MONTHLY PAYMENT LISTING - SEPTEMBER 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Revenue

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Manager Financial Services 

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    7 October 2016

 

SUMMARY:         This report recommends that Council adopts the list of payments made under delegated authority, as per the attachment to this report for the month of September 2016.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.

 

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT), cheque, credit card or direct debit.

 

Attached is a list of all payments processed under delegated authority during the month of September 2016.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Lists of accounts

(1)         If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a)        the payee’s name;

(b)        the amount of the payment;

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

(3)     A list prepared under sub regulation (1) is to be —

(a)        presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b)        recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

List of payments made in accordance with budget and delegated authority.

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement & Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council records the accounts as paid under delegated authority for September 2016, totalling $4,479,808.78 as attached, covering:

 

·    EFT Vouchers 37157 – 37747 totalling $4,313,233.66;

·    Municipal Cheque Vouchers 57425– 57430 totalling $650.49;

·    Trust Cheque Vouchers 3423- 3425 totalling $3,325.51; and

·    Municipal Direct Debits DD21236.1– DD21362.9 totalling $162,599.12.

 

Attachments

1.

Payment Listing September 2016

 


Item 9.4.1 - MONTHLY PAYMENT LISTING - SEPTEMBER 2016

Payment Listing September 2016

 

 

 

Part 5. Division 4. Section 5.42 Delegation of some powers to CEO. Sub Section Finance Management Regulation 12.

Each payment must show on a list the payees name, the amount of the payment, the date of the payment and sufficient

information to identify the transaction

This report incorporates the Delegation of Authority (Administration Regulation 19)

PAYMENTS BY EFT & CHEQUE AND FROM TRUST - SEPTEMBER  2016

 

MUNICIPAL ELECTRONIC TRANSFER - SEPTEMBER  2016

 

EFT

Date

Name

Description

Amount

Del Auth

EFT37157

01/09/2016

BOC LIMITED

Cylinder hire- BRAC & Workshop

$98.23

MFS

EFT37158

01/09/2016

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Shire Office Barker St

$444.00

MFS

EFT37159

01/09/2016

KENNETH RAYMOND DONOHOE

Reimbursement for taxi & meeting expenses- Offices of CEO

$229.84

MFS

EFT37160

01/09/2016

NORTH WEST STRATA SERVICES (NWSS)

Strata levies- Staff housing

$453.00

MFS

EFT37161

01/09/2016

TELSTRA

Phone charges- Various Shire phones

$2,090.07

MFS

EFT37162

01/09/2016

VERITAS STORAGE (SINGAPORE) PTE LTD

License maintenance & support- IT

$773.14

MFS

EFT37163

01/09/2016

AAA ASPHALT

Catemul- Depot

$2,035.00

MFS

EFT37164

01/09/2016

AD ENGINEERING INTERNATIONAL PTY LTD

3G services- Infrastructure

$132.00

MFS

EFT37165

01/09/2016

ALLIED PICKFORDS GEELONG

Relocation & removal costs- HR

$10,043.00

MFS

EFT37166

01/09/2016

AUSTRALIAN MAYORAL AVIATION COUNCIL

Membership renewal- Governance

$2,601.50

MFS

EFT37167

01/09/2016

AVERY AIRCONDITIONING PTY LTD

Air conditioning works  (RFT 13-16)- Various Shire sites

$2,516.25

MFS

EFT37168

01/09/2016

BEST KIMBERLEY COMPUTING

Copier charges- IT

$180.50

MFS

EFT37169

01/09/2016

BJ DAVIES PLUMBING

Plumbing works- BRAC

$1,608.20

MFS

EFT37170

01/09/2016

BLUE TONGUE GARAGE DOORS

Building maintenance- BRAC

$445.50

MFS

EFT37171

01/09/2016

BOB'S WORKSHOP

Construction contractor- Waste Management Facility

$539.00

MFS

EFT37172

01/09/2016

BP BROOME CENTRAL & TYREPLUS BROOME

Plant fuel & oil- Depot & BRAC

$325.59

MFS

EFT37173

01/09/2016

BROOME BUILDERS PTY LTD

Building maintenance- Depot

$761.00

MFS

EFT37174

01/09/2016

BROOME PANEL & PAINT

Vehicle repairs- Workshop

$3,158.65

MFS

EFT37175

01/09/2016

BROOME TOWING & SALVAGE

Impounding of vehicles expenses- Rangers

$726.00

MFS

EFT37176

01/09/2016

BROOME WHEEL ALIGNING & SUSPENSION

Trailer repairs- Workshop

$79.00

MFS

EFT37177

01/09/2016

BULLDOGS ELECTRICAL & MAINTENANCE

Plant parts & repairs- Depot

$121.00

MFS

EFT37178

01/09/2016

CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME

Vehicle repairs & maintenance- Depot & Workshop

$1,661.00

MFS

EFT37179

01/09/2016

CIRCUITWEST inc.

Annual membership fee- Civic Centre

$385.00

MFS

EFT37180

01/09/2016

CLARK EQUIPMENT SALES PTY LTD

Plant repairs- Workshop

$491.28

MFS

EFT37181

01/09/2016

COAST & COUNTRY ELECTRICS

Electrical repairs & maintenance- Mens Shed

$4,966.80

MFS

EFT37182

01/09/2016

COATES HIRE OPERATIONS PTY LTD

Hire of equipment- Works

$303.39

MFS

EFT37183

01/09/2016

CT MECHANICAL & SERVICES

Site maintenance & repairs- Waste Management Facility

$187.00

MFS

EFT37184

01/09/2016

CUTTING EDGES REPLACEMENT PARTS PTY LTD

Consumables- Workshop

$251.90

MFS

EFT37185

01/09/2016

DATA#3 LIMITED

Equipment- IT

$1,457.71

MFS

EFT37186

01/09/2016

DC DATA COMMS

Equipment- BRAC

$400.00

MFS

EFT37187

01/09/2016

DYMOCKS HAY ST

Books purchased- Library

$22.00

MFS

EFT37188

01/09/2016

FIRE & SAFETY SERVICES

Safety equipment- Depot

$99.00

MFS

EFT37189

01/09/2016

G. BISHOPS TRANSPORT SERVICES PTY LTD

Freight- Depot & Workshop

$908.29

MFS

EFT37190

01/09/2016

IT VISION

Annual licence fees- IT

$104,362.50

MFS

EFT37191

01/09/2016

JAMES BENNETT PTY LIMITED

Books purchased- Library

$142.17

MFS

EFT37192

01/09/2016

KIMBERLEY WASHROOM SERVICES

Sanitary waste removal- Various Shire sites

$721.00

MFS

EFT37193

01/09/2016

KING TIDE TOWING

Salvage & towing- Rangers

$200.00

MFS

EFT37194

01/09/2016

KOMATSU AUSTRALIA PTY LTD

Plant repairs- Workshop

$1,071.18

MFS

EFT37195

01/09/2016

LEISURE INSTITUTE OF WA AQUATICS (INC) LIWA

Memberships fees- BRAC

$480.00

MFS

EFT37196

01/09/2016

MARKET CREATIONS

Website domain name registrations- Media

$506.00

MFS

EFT37197

01/09/2016

MARKETFORCE

Recruitment expenses & advertising- HR, Town Planning & Governance

$2,329.21

MFS

EFT37198

01/09/2016

MERCURE HOTEL PERTH

Accommodation for CEO- UWA, LGIS, Landcorp Meetings & Rio Tinto Function

$232.00

MFS

EFT37199

01/09/2016

MERCURE INN BROOME

Accommodation for trainer- HR

$169.00

MFS

EFT37200

01/09/2016

NEVERFAIL SPRINGWATER LIMITED

Consumables- Depot

$191.35

MFS

EFT37201

01/09/2016

NORTH WEST LOCKSMITHS

Equipment repair- P&G

$27.50

MFS

EFT37202

01/09/2016

OHM ELECTRONICS

Electrical works- Shire Office Barker St

$489.50

MFS

EFT37203

01/09/2016

OHURA CONSULTING

Consultancy fees- HR

$88.00

MFS

EFT37204

01/09/2016

ORH TRUCK SOLUTIONS PTY LTD

Vehicle repairs- Workshop

$283.36

MFS

EFT37205

01/09/2016

OSBOURNE PARK SOUTH G&S INDUSTRIES

Equipment & hardware- Waste Management Facility

$10,175.41

MFS

EFT37206

01/09/2016

PILA GROUP PTY LTD

Equipment replacement- BRAC

$1,497.38

MFS

EFT37207

01/09/2016

PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT)

Labour hire- Various Shire positions

$12,210.99

MFS

EFT37208

01/09/2016

PURCHER-INTERNATIONAL PTY LTD

Vehicle part- Workshop

$884.12

MFS

EFT37209

01/09/2016

SALLY EATON

Reimbursement travel expenses- Library

$45.40

MFS

EFT37210

01/09/2016

SECUREX SECURITY PTY LTD

Swipe card amendments- Property

$300.00

MFS

EFT37211

01/09/2016

STAPLES AUSTRALIA PTY LTD

License maintenance & support- IT

$1,497.32

MFS

EFT37212

01/09/2016

STATE LIBRARY OF WA

Lost & damaged items expenses- Library

$4,077.00

MFS

EFT37213

01/09/2016

SUNNY SIGN COMPANY PTY LTD

Signage- Works

$4,039.20

MFS

EFT37215

01/09/2016

THE MANGROVE RESORT HOTEL (GARRETT HOSPITALITY PTY LTD)

Mitsubishi luncheon- Governance

$993.50

MFS

EFT37216

01/09/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight- Health

$720.30

MFS

EFT37217

01/09/2016

TOTALLY WORKWEAR

Staff uniforms- Various Shire Departments

$1,349.80

MFS

EFT37218

01/09/2016

WIRTGEN AUSTRALIA PTY LTD

Vehicle parts- Workshop

$715.66

MFS

EFT37219

01/09/2016

SALARY & WAGES

Payroll S & W

$650.00

MFS

EFT37220

01/09/2016

SALARY & WAGES

Payroll S & W

$488.45

MFS

EFT37221

01/09/2016

AUSTRALIAN TAXATION OFFICE

PAYG

$105,774.62

MFS

EFT37222

01/09/2016

SALARY & WAGES

Payroll S & W

$750.00

MFS

EFT37223

01/09/2016

SALARY & WAGES

Payroll S & W

$666.44

MFS

EFT37224

01/09/2016

SALARY & WAGES

Payroll S & W

$600.00

MFS

EFT37225

01/09/2016

SALARY & WAGES

Payroll S & W

$248.65

MFS

EFT37226

01/09/2016

SALARY & WAGES

Payroll S & W

$370.77

MFS

EFT37227

01/09/2016

SALARY & WAGES

Payroll S & W

$373.90

MFS

EFT37228

01/09/2016

SALARY & WAGES

Payroll S & W

$420.00

MFS

EFT37229

01/09/2016

SALARY & WAGES

Payroll S & W

$552.16

MFS

EFT37230

01/09/2016

SALARY & WAGES

Payroll S & W

$410.00

MFS

EFT37231

01/09/2016

SALARY & WAGES

Payroll S & W

$450.00

MFS

EFT37232

01/09/2016

SALARY & WAGES

Payroll S & W

$330.00

MFS

EFT37233

01/09/2016

SALARY & WAGES

Payroll S & W

$1,608.61

MFS

EFT37234

01/09/2016

SALARY & WAGES

Payroll S & W

$250.00

MFS

EFT37235

01/09/2016

SALARY & WAGES

Payroll S & W

$430.11

MFS

EFT37236

01/09/2016

SALARY & WAGES

Payroll S & W

$259.27

MFS

EFT37237

01/09/2016

SALARY & WAGES

Payroll S & W

$800.00

MFS

EFT37238

01/09/2016

SALARY & WAGES

Payroll S & W

$201.10

MFS

EFT37239

01/09/2016

SALARY & WAGES

Payroll S & W

$108.09

MFS

EFT37240

01/09/2016

SALARY & WAGES

Payroll S & W

$457.57

MFS

EFT37241

01/09/2016

SALARY & WAGES

Payroll S & W

$1,150.00

MFS

EFT37242

01/09/2016

SALARY & WAGES

Payroll S & W

$662.65

MFS

EFT37243

01/09/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,129.85

MFS

EFT37244

01/09/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Payroll deductions

$780.00

MFS

EFT37245

01/09/2016

BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB

Payroll deductions

$700.00

MFS

EFT37246

01/09/2016

CHILD SUPPORT AGENCY

Payroll deductions

$1,122.98

MFS

EFT37247

01/09/2016

EXPRESS SALARY PACKAGING

Salary Packaging

$1,229.71

MFS

EFT37248

01/09/2016

LGRCEU

Payroll deductions

$19.40

MFS

EFT37249

01/09/2016

BROOME COMMONWEALTH TRADING BANK

Salary and wages pay period ending: 30.08.16

$307,930.00

MFS

EFT37250

08/09/2016

AMO CONTRACTING

Footpath maintenance (RFT 13/08)- Old Broome Estate Subdivision

$29,110.00

MFS

EFT37251

08/09/2016

ANNETTE DAHL GREGORY

Town rubbish bag collection

$22.50

MFS

EFT37252

08/09/2016

AON RISK SERVICES AUSTRALIA LIMITED

Market rental assessment- Sam Male Pearl Lugger

$880.00

MFS

EFT37253

08/09/2016

AUSTRALIA POST

Postage Charges.  Period ending 31.08.16

$5,533.32

MFS

EFT37254

08/09/2016

AVERY AIRCONDITIONING PTY LTD

Air conditioning & ventilation works- Administration Building & BRAC

$4,630.65

MFS

EFT37255

08/09/2016

BEST KIMBERLEY COMPUTING

Copier charges- IT

$1,272.53

MFS

EFT37256

08/09/2016

BITUMEN SEALING SERVICES PTY LTD (BSS)

Urban reseals (RFT 15/07)- Infrastructure

$37,689.25

MFS

EFT37257

08/09/2016

BK SIGNS (HALLIDAY ENTERPRISES PTY LTD)

Youth development programme- Community Services

$651.75

MFS

EFT37258

08/09/2016

BLUE SEAS CLEANING SERVICES

Cleaning general (RFT 13/14)- Town Beach, Cable Beach & Gantheaume Point Toilet

$1,319.00

MFS

EFT37259

08/09/2016

BLUE SEAS RESORT

Staff & relief staff accommodation- Ranger & Corporate Services

$6,600.00

MFS

EFT37260

08/09/2016

BROOME DOCTORS PRACTICE PTY LTD

Medical expenses- P&G

$236.50