MISSION AND VALUES OF COUNCIL
"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."
UNCONFIRMED
MINUTES
OF THE
Special Meeting of Council
15 August 2018
Minutes – Special Meeting of Council 15 August 2018 Page 2 of 4
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.
Should you require this document in an alternative format please contact us.
SHIRE OF BROOME
Special Meeting of Council
Wednesday 15 August 2018
INDEX – Minutes
3. Declarations Of Financial Interest / Impartiality
5. Matters For Which The Meeting May Be Closed
6.2.1 COMMUNITY SPONSORSHIP REQUEST - WHITE RIBBON BALL 2018
6.2.2 REQUEST FOR QUOTE 18/56 CHINATOWN REVITALISATION PROJECT
6.4.1 REQUEST FOR TENDER 18/05 BROOME TOWN BEACH REVETMENT WORKS
8. Matters Behind Closed Doors
Minutes – Special Meeting of Council 15 August 2018 Page 4 of 40
NOTICE OF MEETING
Dear Council Member,
The next Special Meeting of the Shire of Broome will be held on Wednesday, 15 August 2018 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5:00pm for the purpose of considering:
● COMMUNITY SPONSORSHIP REQUEST - WHITE RIBBON BALL 2018
● REQUEST FOR QUOTE 18/56 CHINATOWN REVITALISATION PROJECT
● REQUEST FOR TENDER 18/05 BROOME TOWN BEACH REVETMENT WORKS
Regards
S MASTROLEMBO
Chief Executive Officer
13/08/2018
Minutes – Special Meeting of Council 15 August 2018 Page 6 of 40
MINUTES OF THE Special Meeting of Council OF THE SHIRE OF BROOME,
HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Wednesday 15 August 2018, COMMENCING AT 5:00pm.
The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5:02pm.
Attendance: Cr Harold Tracey Shire President
Cr Desiree Male Deputy Shire President
Cr Warren Fryer
Cr Catherine Marriott
Cr Philip Matsumoto
Cr Bruce Rudeforth
Leave of Absence: Nil
Apologies: Cr Elsta Foy
Cr Mala Fairborn
Cr Chris Mitchell
Officers: Sam Mastrolembo Chief Executive Officer
James Watt Director Corporate Services
Aletta Nugent Director Development Services
Andrew Graffen Director Infrastructure
Rochelle Piggin Manager Governance
Simon Penn Media and Promotions Officer
Public Gallery: Nil
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FINANCIAL INTEREST |
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Councillor |
Item No |
Item |
Nature of Interest |
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Nil. |
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IMPARTIALITY |
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Councillor |
Item No |
Item |
Nature of Interest |
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Nil. |
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Nil.
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.
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That the following Agenda items be considered under 8. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified: 6.2.2 REQUEST FOR QUOTE 18/56 CHINATOWN REVITALISATION PROJECT Item 6.2.2 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 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”. 6.4.1 REQUEST FOR TENDER 18/05 BROOME TOWN BEACH REVETMENT WORKS Item 6.4.1 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)((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”.
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6.1
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.
Minutes – Special Meeting of Council 15 August 2018 Page 9 of 40
6.2
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 Broome 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.
Minutes – Special Meeting of Council 15 August 2018 Page 16 of 40
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6.2.1 COMMUNITY SPONSORSHIP REQUEST - WHITE RIBBON BALL 2018 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: FIS06 AUTHOR: Manager Community and Economic Development CONTRIBUTOR/S: Community Development Officer - Youth and Community RESPONSIBLE OFFICER: Director Development and Community DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 6 August 2018 |
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Funding for the second Community Sponsorship Program Round, and the White Ribbon Ball application if successful, will be drawn from the balance remaining in the Community Sponsorship Program Reserve Account. |
BACKGROUND
Previous Considerations
OMC 14 February 2008 Item 9.2.3
OMC 5 June 2008 Item 9.2.1
OMC 26 August 2008 Item 9.2.2
OMC 23 October 2008 Item 9.2.2
OMC 2 September 2009 Item 9.2.4
OMC 28 October 2010 Item 9.2.12
OMC 27 October 2011 Item 9.3.6
OMC 15 March 2012 Item 9.1.1
OMC 6 September 2012 Item 9.1.5
OMC 21 March 2013 Item 9.1.2
OMC 15 August 2013 Item 9.1.3
OMC 19 September 2013 Item 9.1.1
OMC 27 March 2014 Item 9.1.1
OMC 26 March 2015 Item 9.1.1
OMC 31 March 2016 Item 9.1.2
OMC 27 April 2017 Item 9.1.4
OMC 31 May 2018 Item 9.1.4
Background
The Shire’s Community Sponsorship Program is generally administered on an annual basis. The annual process consists of engagement with the Community Sponsorship Assessment Working Group (CSAWG) - a formal working group established by Council to undertake the assessment of community sponsorship applications and makes recommendations for funding to Council. The members of this working group are Cr Chris Mitchell, Cr Desiree Male, Cr Phillip Matsumoto, Cr Warren Fryer and Cr Bruce Rudeforth. Deputy members are Cr Mala Fairborn, Cr Harold Tracey and Cr Elsta Foy.
Policy 3.4.2 Community Sponsorship Program states: any funds remaining as at 30 June, after allocation of both Annual and Ad-Hoc Sponsorships, are placed in the ‘Community Sponsorship Program’ reserve account to be distributed at the discretion of the CSAWG, with recommendations put to Council for consideration.
With this in mind, Council endorsed the following resolution at the Ordinary Meeting on 31 May 2018 – which includes a second funding round to seek applications for the balance of the funding from the annual 17/18 round:
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COUNCIL RESOLUTION: (REPORT RECOMMENDATION) Moved: Cr C Mitchell Seconded: Cr D Male
That Council: 1. Approves the distribution of $25,100 to be allocated from the Community Sponsorship Program expense account (GL 22172) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group: a) Cacoy Doce Pares - $2,500 for a period of 1 year; b) Broome Sports Association - $5,000 for a period of 1 year; c) Pearl Coast Gymnastics - $2,100 for a period of 1 year; d) Broome North Primary School Year 6 Camp Fundraising Committee 2018 - $6,000 for a period of 1 year; e) Returned Services League Broome Sub Branch - $5,000 per annum for a period of 2 years; and f) Broome Fishing Club - $4,500 for a period of 1 year.
2. Pending formal approval from Energy Developments Ltd (EDL), approves the distribution of $31,695 to be allocated from the EDL sponsorship program operating expense account (GL 22173) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group: a) Broome Aboriginal Media Association (Kullarri NAIDOC Festival) - $10,000 for a period of 1 year; b) Broome Aboriginal Media Association (Young Women’s Indigenous Pathways Program) - $5,000 for a period of 1 year; c) WA Police and Community Youth Centres Inc - $8,000 for a period of 1 year; d) Broome Netball Association - $3679 for a period of 1 year; e) Broome Historical Society - $2,090 for a period of 1 year; and f) Peninsula Bombers Football Club - $2,926 for a period of 1 year.
3. Authorises the Chief Executive Officer to make minor modifications to the allocations in accordance with Point 2 above if required in response to the formal approval from EDL.
4. Requests that the Chief Executive Officer or his delegate review the Community Sponsorship Program guidelines and application documents.
5. Requests that the Chief Executive Officer advertise an additional Community Sponsorship Program funding round in August 2018 to utilise the reserve balance of funding as at the end of the 2017/18 financial year.
CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0 |
The Shire has subsequently received a funding request from the Broome White Ribbon Day Gala for the 2018 and 2019 events to be held at the Broome Civic Centre. The applicants indicated to officers that they were requesting consideration by Council prior to the August funding round due to time constraints for planning the event. As a result, this application is being put to Council for consideration outside the formal funding round and associated consideration by the CSAWG
COMMENT
The Broome White Ribbon Day Gala is a fundraising and awareness raising event for local not-for-profit services who work towards reducing the impact of family and domestic violence in the community. Now in its seventh year, the event is held annually on the last Saturday in November to align with White Ribbon Day (25 November). This event sells out each year and has a capacity of 270 guests.
The event has always been held at the Broome Civic Centre. In 2018, the event expects to raise $30,000 which will take the overall fundraising total to over $180,000. Rotary Club of Broome receive all funds associated with the event but do not contribute financially to the event costs. Ticket sales and cash donations are only used to cover event costs and the organisers ensure that the entirety of funds raised from donated goods and services are 100% donated to recipients which primarily include the Marnja Jarndu Women’s Refuge and Men’s Outreach Service in Broome. A small percentage of funds raised will also be donated to the national White Ribbon campaign, which provides recognition to Broome as supporting a safer community.
The event works to raise the profile and public awareness of the level of family and domestic violence in the community, which has highest reported rate of family and domestic violence per capita in the State. The event benefits men, women and children who are impacted by family and domestic violence by directly supporting valuable not-for-profit services working in the field. The event also partners with the Broome Girls Academy who raise their own funds by auctioning art created by students specifically for the event.
The Broome White Ribbon Day Gala has requested Shire support to waive the hire fees associated with the hire of the Civic Centre for the 2018 and 2019 events. This would total $8,798 under the current schedule of fees and charges, and is supported by a quote. While the current Community Sponsorship Program does not include waiving of fees or provision of in-kind services, there is an opportunity for the Shire to consider providing a cash contribution.
Based on the event’s ongoing and valuable contribution to the Broome community, officers recommend that this request for funding is supported. The application, supporting documents and officers’ evaluation are included as attachments to this report.
CONSULTATION
Broome White Ribbon Day Gala
STATUTORY ENVIRONMENT
Local Government Act 1995
6.8. Expenditure from municipal fund not included in annual budget
(1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —
(a) is incurred in a financial year before the adoption of the annual budget by the local government; or
(b) is authorised in advance by resolution*; or
(c) is authorised in advance by the mayor or president in an emergency.
* Absolute majority required.
(1a) In subsection (1) —
additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget.
(2) Where expenditure has been incurred by a local government —
(a) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and
(b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.
6.11. Reserve accounts
(1) Subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a reserve account for each such purpose.
(2) Subject to subsection (3), before a local government —
(a) changes* the purpose of a reserve account; or
(b) uses* the money in a reserve account for another purpose,
it must give one month’s local public notice of the proposed change of purpose or proposed use.
* Absolute majority required.
(3) A local government is not required to give local public notice under subsection (2) —
(a) where the change of purpose or of proposed use of money has been disclosed in the annual budget of the local government for that financial year; or
(b) in such other circumstances as are prescribed.
(4) A change of purpose of, or use of money in, a reserve account is to be disclosed in the annual financial report for the year in which the change occurs.
(5) Regulations may prescribe the circumstances and the manner in which a local government may set aside money for use for a purpose in a future financial year without the requirement to establish and maintain a reserve account.
POLICY IMPLICATIONS
Policy 3.4.2 Community Sponsorship Program
FINANCIAL IMPLICATIONS
The table below outlines the current reserve balance for the CSP, including funds allocated to the additional August round. It is noted that a further amount of $80,000 has been budgeted for the 2018/19 Annual Community Sponsorship Program due to be released in January 2019. The EDL funding round is separate, and the table below refers only to the Shire of Broome rounds.
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Details |
Amount |
Account |
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Community Sponsorship Program (August 2018) |
Additional round for unallocated balance of funds from the 17/18 round. |
$20,808 |
GL 22172 |
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Community Sponsorship Program Reserve |
Amount remaining in the reserve following allocation to the August round. |
$63,640.35 |
100002110 |
RISK
The following risks have been identified in relation to the options provided for Council’s consideration.
|
Risk |
Type |
Rank |
Mitigation |
|
Consistent and transparent process |
Reputational |
Low |
The applications are assessed by officers in response to the program criteria. |
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CSP & EDL unspent funds |
Reputational |
Medium |
Policy provides avenue to distribute unallocated balance. |
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Considering funding outside of funding rounds. |
Reputational |
Medium |
This is allowed under Policy 3.4.2. It is recommended that future consideration is assessed on a case by case basis whereby applicants can demonstrate exceptional circumstances. |
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
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
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(Report Recommendation) Moved: Cr D Male Seconded: Cr W Fryer That Council: 1. Approves the distribution of $8,798 ($4,399 per annum) to the Broome White Ribbon Day Gala for the purpose of facility hire and associated costs in the 2018/19 and 2019/20 financial years. 2. Requests that the Chief Executive Officer transfer $4,399 from the Community Sponsorship Program Reserve Account (100002110) to the Community Sponsorship Program expense account (GL 22172). |
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Sponsorship Application |
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Newspaper Article and Letter of Support |
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Audited Financials (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”. |
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Certificate of Appreciation |
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Further Supporting Materials |
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Evaluation of Application |
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)(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”.
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6.2.2 REQUEST FOR QUOTE 18/56 CHINATOWN REVITALISATION PROJECT LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: RFQ18-56 AUTHOR: Chinatown Project Manager CONTRIBUTOR/S: Director Infrastructure RESPONSIBLE OFFICER: Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 7 August 2018 |
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SUMMARY: At the Ordinary Meeting of Council on 28 September 2017, Council resolved to endorse the Draft Chinatown Revitalisation Masterplan for the purpose of public consultation. The Masterplan was subsequently endorsed at the Ordinary Meeting of Council on 14 December 2017. Work commenced on design development with detailed design being completed in June 2018. WALGA were engaged by the Shire of Broome to manage the procurement process for RFQ 18/56 Chinatown Revitalisation Project. This report recommends that Council accepts the most advantageous quote to form a Contract. |
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Moved: Cr B Rudeforth Seconded: Cr C Marriott
That Council:
1. Note the recommendation report RFQ 18-56 Chinatown Revitalisation Project as presented in Attachment 4; 2. Accepts the Quote submitted by Downer EDI Works Pty Ltd as the most advantageous to form a Contract for Separable Portions One and Two; 3. Authorises the Chief Executive Officer to commence negotiations with said contractor and seek Council endorsement of final project scope and budget prior to entering into a Contract for the Works; and 4. Request the Chief Executive Officer to investigate opportunities for Shire in kind contributions towards the Chinatown Revitalisation Project. |
Reason – to investigate cost savings through Shire in kind services.
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1. |
Chinatown Landscape Masterplan L-1001 |
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2. |
Chinatown Graphic Sections - Carnarvon Street and Dampier Terrace |
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3. |
Male Oval Car Park Plans |
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4. |
Recommendation Report |
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5. |
Evaluation Panel Memo |
6.3
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.
Minutes – Special Meeting of Council 15 August 2018 Page 34 of 40
6.4
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.
Minutes – Special Meeting of Council 15 August 2018 Page 37 of 40
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)((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”.
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6.4.1 REQUEST FOR TENDER 18/05 BROOME TOWN BEACH REVETMENT WORKS LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: RFT18-05 AUTHOR: Chief Executive Officer CONTRIBUTOR/S: Project Engineer RESPONSIBLE OFFICER: Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 2 August 2018 |
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SUMMARY: Council is requested to consider awarding RFT 18-05 Broome Town Beach Revetment Works.
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(Report Recommendation) Moved: Cr W Fryer Seconded: Cr D Male That Council: 1. Awards RFT18-05 Broome Town Beach Revetment Works to Roadline Contracting Pty Ltd as per the recommendation contained within the attached confidential Tender Evaluation Report for Option 1 – Kimberley Quartzite Bedding and Armour; 2. Authorises the Chief Executive Officer to resolve any critical assumptions and minor variations with the Contractor and sign the contract documentation; and 3. Approves a budget amendment for an additional $268,000 to be allocated from Account 100009890 Public Open Space Reserve to Account 111814010 Town Beach Redevelopment – Other Infra New – Cap Exp MUN. |
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1. |
Revetment Wall Design |
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2. |
Revetment Wall Business Case |
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3. |
RFT 18-05 Evaluation Panel Report |
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4. |
Photos of Granite and Kimberley Quartzite Rock |
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5. |
Maintenance Report |
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6. |
Roadline Tender Clarifications |
Minutes – Special Meeting of Council 15 August 2018 Page 40 of 40
There being no further business the Chairman declared the meeting closed at 5.07pm.
