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."

 

CONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

30 August 2018


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.

 


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

2017 Local Government Ordinary Election held 21 October

Councillor

Cr H Tracey

Cr D Male

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2017

23 November

 

 

 

 

LOA

 

 

 

 

2017

14 December

 

 

A

A

A

 

 

 

 

2018

22 February

 

 

 

LOA

 

 

 

 

 

2018

22 March

 

LOA

 

LOA

 

 

LOA

 

 

2018

26 April

 

 

 

 

 

LOA

 

 

 

2018

31 May

 

 

 

 

 

 

 

 

 

2018

28 June

 

 

A

A

A

 

LOA

 

 

2018

26 July

 

 

 

 

LOA

 

NA

 

A

2018

30 August

 

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.]

 

 


MinutesOrdinary Meeting of Council 30 August 2018                                                                                       Page 0 of 1

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 30 August 2018

INDEX – Minutes

 

1.               Official Opening and Attendance. 8

2.               Declarations Of Financial Interest / Impartiality. 8

3.               Public Question Time. 9

4.               Applications for Leave of Absence. 9

5.               Confirmation Of Minutes. 10

6.               Announcements By President Without Discussion.. 10

7.               Petitions/deputations. 10

8.               Matters For Which The Meeting May Be Closed.. 11

9.               Reports of Officers. 12

9.1......... Our People. 13

9.1.1... BROOME SURF LIFE SAVING CLUB - REQUEST FOR PLANNING SUPPORT. 14

9.2......... Our Place. 21

9.2.1... NORTH WEST FLIGHT NETWORK PROPOSAL. 22

9.2.2... DRAFT COASTAL PLANNING POLICY. 32

9.2.3... PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6 - REMOVAL OF RESTRICTED USE OVER PART LOT 97 OF STRATA PLAN 57160 AND REZONING OF LOTS 30, 31 AND 32 WALCOTT STREET FROM RESIDENTIAL R20 TO MIXED USE. 60

9.2.4... SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2018. 90

9.2.5... SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2018. 177

9.2.6... LEASE DISPOSAL OF 22 CARNARVON STREET BROOME TO RFF PTY LTD.. 517

9.2.7... REQUEST TO AMEND SPONSORSHIP AGREEMENT WITH BROOME COMMUNITY STALLHOLDERS ASSOCIATION INCORPORATED.. 239

9.3......... Our Prosperity. 252

9.3.1... CRUISE BROOME FUNDING.. 253

9.4......... Our Organisation.. 295

9.4.1... MONTHLY PAYMENT LISTING - JULY 2018. 296

9.4.2... MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2018. 316

9.4.3... AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES. 430

9.4.4... REQUEST FOR QUOTE 18/64 - WANDRRA RESTORATION WORKS PHASE 4. 440

9.4.5... MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 31 JULY 2018. 445

10.            Reports of Committees. 474

10.1.... LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 JUNE 2018. 475

10.2.... BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 14 MARCH 2018. 491

11.            Notices of Motion.. 504

12.            Business of an Urgent Nature. 505

12.1...... REQUEST FOR QUOTE 18/56 - CHINATOWN REVITALISATION PROJECT. 520

12.2....   REQUEST FOR TENDER 18/06 - CHINATOWN ENTRY STATEMENT. 506

12.3...... AMENDMENT TO THE CHINATOWN PARKING AREAS LAYOUT AND TIME RESTRICTION PLAN.. 511

13.            Questions By Members Of Which Due Notice Has Been Given.. 517

14.            Matters Behind Closed Doors. 517

15.            Meeting Closure. 522

 


MinutesOrdinary Meeting of Council 30 August 2018                                                                                       Page 0 of 1

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 30 August 2018 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

23/08/2018

 


MinutesOrdinary Meeting of Council 30 August 2018                                                                                       Page 0 of 1

 

MINUTES OF THE Ordinary Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 30 August 2018, COMMENCING AT 5.00pm.

 

1.         Official Opening and Attendance

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.02pm.

 

Attendance:               Cr H Tracey                 Shire President

                                      Cr M Fairborn

                                      Cr E Foy

                                      Cr W Fryer

                                      Cr C Marriott

                                      Cr C Mitchell

                                      Cr B Rudeforth

 

Apologies:                   Cr D Male                    Deputy Shire President

 

Leave of Absence:    Mr P Matsumoto        (as granted under Item 4)

 

Officers:                       Mr S Mastrolembo     Chief Executive Officer

                                      Mr J Watt                     Director Corporate Services

                                      Ms A Nugent               Director Development and Community

                                      Mr A Graffen              Director Infrastructure

                                      Ms R Piggin                  Manager Governance

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms E Harding               Senior Administration and Governance Officer

 

Public Gallery:            Owen Hightower

                                      Peter Smith

                                      Peter McBride

                                      Shayne Murray           Cruise Broome

                                               Glenn Cordingley      Broome Advertiser

                                               Jakeb Waddell           Broome Advertiser

                                               Larissa Cortese           KITC

                                      Gianna Cortese         KITC

                                      Tracey Chamberlain TCC

                                      Mardi Tick                    Broome Rates Action Group

                                      Cathie Martin             Broome Markets

                                      Bruce Rudeforth

                                      Sonia Ragoonanan

 

2.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Staff Member

Item No

Item

Nature of Interest

Manager Planning and Building Services

9.2.3

Proposed Amendment No.9 to Local Planning scheme No. 6 – Removal of Restricted Use over Part Lot 97 of Strata Plan 57160 and Rezoning of Lots 30, 31 an d32 Walcott Street from Residential R20 to Mixed Use.

Proximity – I am part owner of 5B Saville Street, Broome which is adjacent to the site subject of the agenda item.

Chief Executive Officer

9.2.3

Proposed Amendment No.9 to Local Planning scheme No. 6 – Removal of Restricted Use over Part Lot 97 of Strata Plan 57160 and Rezoning of Lots 30, 31 an d32 Walcott Street from Residential R20 to Mixed Use.

Proximity – I am joint owner of a property located opposite the property under consideration.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr H Tracey

9.2.1

North West Flight Proposal

Impartiality – I have business interests in Karratha

Cr H Tracey

9.2.6

Lease Disposal of 22 Carnarvon Street Broome to RFF Pty Ltd

Impartiality – I share business interests with the proponent

 

3.         Public Question Time

 

Nil.

 

4.         Applications for Leave of Absence   

 

A request for leave of absence has been received from Cr P Matsumoto for the period 26 August to 1 September 2018 inclusive.

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr C Marriott

That Cr P Matsumoto be granted a Leave of Absence for the period 26 August to 1 September 2018 inclusive.

CARRIED UNANIMOUSLY 7/0

 

A request for leave of absence has also been received from Cr D Male for the period 15 October 2018 to 31 January 2019 inclusive.

 

Council Resolution:

Moved: Cr C Marriott                                               Seconded: Cr M Fairborn

That Cr D Male be granted a Leave of Absence for the period 15 October 2018 to 31 January 2019 inclusive.

CARRIED UNANIMOUSLY 7/0

 

A further request for leave of absence was requested at the meeting by Cr Foy for the period 1 September to 30 September 2018 inclusive.

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Cr E Foy be granted a Leave of Absence for the period 1 September to 30 September 2018 inclusive.

CARRIED UNANIMOUSLY 7/0

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr C Marriott

That the Minutes of the Ordinary Meeting of Council held on 26 July 2018, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

 

Council Resolution:

Moved: Cr B Rudeforth                                             Seconded: Cr W Fryer

That the Minutes of the Special Meeting of Council held on 15 August 2018, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

 

6.         Announcements By President Without Discussion

 

Nil.

 

7.         Petitions AND DEPUTATIONS

 

The Chairperson advised a request had been received from Mr Owen Hightower from RFF Pty Ltd to present a deputation to Council regarding Item 9.2.6 - Lease Disposal of 22 Carnarvon Street Broome to RFF Pty Ltd.

 

The deputation was accepted in accordance with section 3.13 of the Shire of Broome Standing Orders Local Law 2003.

 

Mr Owen Hightower presented to Council from 7:08pm to 7:19pm requesting Council to:

 

o   Delete condition 2 restricting them to 19 persons under their restaurant use: and

o   Add an additional use of reception centre.

 

 

 

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.

The Chairman advised he had accepted an item of Business of an Urgent Nature – 12.1 Request for Quote 18/56 – Chinatown Revitalisation Project.

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr C Marriott

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:

9.2.6      LEASE DISPOSAL OF 22 CARNARVON STREET BROOME TO RFF PTY LTD

Item 9.2.6 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”.

12.1       REQUEST FOR QUOTE 18/56 - CHINATOWN REVITALISATION PROJECT

Item 12.1 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”.

 

CARRIED UNANIMOUSLY 7/0

 

 


 

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.

 


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.1.1      BROOME SURF LIFE SAVING CLUB - REQUEST FOR PLANNING SUPPORT

LOCATION/ADDRESS:                             Cable Beach Foreshore Reserve

APPLICANT:                                              Broome Surf Life Saving Club

FILE:                                                           ONG29

AUTHOR:                                                   Manager Sport and Recreation

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 August 2018

 

SUMMARY:         The Broome Surf Life Saving Club (BSLSC) has undertaken preliminary planning to redevelop the existing club house on the Cable Beach Foreshore Reserve. The Club has formally requested a contribution from Council to undertake further planning in a bid to progress the project and achieve better success in attracting State and Federal government funding.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 25 August 2016                         Item 9.4.7

OMC 15 December 2016                 Item 9.2.4

OMC 7 September 2017                   Item 9.1.2

 

The BSLSC has undertaken extensive planning to redevelop the existing club house located on the Cable Beach Foreshore Reserve. The Club has submitted several applications for funding to the State and Federal Government through available grant programs including Lottery West, Kimberley Development Commission, Department of Local Government, Sport and Cultural Industries (DLGSC) and Building Better Regions.

 

The Club has been successful in obtaining funds from Lottery West ($1.5 million) and the Kimberley Development Commission ($300,000), but has been unsuccessful in funding applications to the DLGSC’s Community Sporting & Recreation Facilities Fund (CSRFF) and the Federal government’s Building Better Regions program.

 

Council supported the Club’s initial application to CSRFF at the Ordinary Meeting of Council (OMC) on 25 August 2016 as the priority project for the Shire of Broome and requested the Chief Executive Officer to assist in the negotiation of a $500,000 self supporting loan.

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr D Male                                                    Seconded: Cr H Tracey

That Council:

1.       Recommends the following application to the Department of Sport and Recreation’s Community Sporting and Recreation Facilities Fund Forward Planning 2016/2017 for funding and be prioritised as follows:

Applicant

Project Funding

Priority

 

Shire of Broome

 

A

(Well planned and needed by Municipality)

 

One

2.       Requests the Chief Executive Officer to inform the Department of Sport and Recreation accordingly.

3.       Requests the Chief Executive Officer to assist in the negotiation of a self supporting loan to a maximum of $500,000 for the Broome Surf Life Saving Club through the West Australian Government Treasury Corporation if required.

4.       Notes that the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval.

CARRIED UNANIMOUSLY 8/0

 

The application to CSRFF was unsuccessful with the feedback provided indicating that the project needed further planning and that assessors saw the lack of local government investment in the project as a risk to the project progressing.

 

The BSLSC accepted the feedback and made a formal request to Council for a contribution to the project in addition to the assistance in negotiating a self supporting loan through treasury. Council considered this request at the OMC on 15 December 2016, and resolved to support the project financially and through in kind works to the value of $242,011.

 

COUNCIL RESOLUTION:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.             Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease and Parks and Gardens maintenance of the immediate surrounds;

2.       Notes Council’s previous resolution of 25 August 2016:

(a)    To assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

(b      That the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval;

3.             Approves a contribution to the Broome Surf Life Saving Club North West Training Facility to the value of $242,011 through the following:

(a)    A 100% reduction in Planning Application Fees;

(b)    A 100% reduction in Waste Management Fees associated with the development;

(c)    A 100% reduction of Building Application Fees;

(d)     Consider the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

(e)    Cash contribution of $76,116 to be funded from the Building Reserve (Building Renewal Allocation), based on 50% Building Renewal expenditure allocated towards the existing facility under the Shire’s Building Asset Management Plan. 

(f)       Notes the summary of Shire contribution below:

 

Item

Shire Contribution

Building approval

$5,333

Development Approval

$13,771

Estimated Waste Transfer Facility fees (calculated at 80m3)

$4,240

Disability access ramp at surf club

$70,000

Pathway - Access bridge to shower/top of stairs

$20,000

Peppercorn lease (estimated)

$20,000

Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)

$32,551

Cash Contribution (based on 50% Building Renewal of existing building)

$76,116

Total

$242,011

 

4.             Authorises the Chief Executive Officer to execute any and all documentation associated with the Broome Surf Life Saving Club’s application for development and building approval on behalf of the Shire of Broome as the land owner of the Cable Beach Foreshore Reserve;

5.             Requests the Chief Executive Officer to commence re-negotiation of the lease agreement between the Broome Surf Life Saving Club and the Shire of Broome; and,

6.             Requests the Chief Executive Officer to advise the Broome Surf Life Saving Club accordingly and seek to amend the Shire’s Annual Budget should this project proceed.

CARRIED UNANIMOUSLY 7/0

 

The BSLSC included the Shire of Broome’s contribution in an application to the 2018/19 CSRFF Annual Grants program, and again Council prioritised the Club’s project as the highest priority project for the Shire of Broome within that funding round at the OMC 7 September 2017.

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That Council:

1.   Recommends the following applications to the Department of Local Government, Sport and Cultural Industries Community Sporting and Recreation Facilities Fund 2018/19 for funding and be prioritised as follows:

          Annual/Forward Planning Grants

 

Applicant

Project Funding

Priority

Broome Surf Life Saving Club

A

(Well planned and needed by Municipality)

 

One

Broome Bowling Club

A

(Well planned and needed by Municipality)

Two

          Small Grants

 

Applicant

Project Funding

Priority

Broome Golf Club

A

(Well planned and needed by Municipality)

One

Shire of Broome

A

(Well planned and needed by Municipality)

Two

 

2.   Requests that the Chief Executive Officer inform the Department of Local Government, Sport and Cultural Industries of Council’s decision in accordance with point 1 above.

CARRIED UNANIMOUSLY 6/0

 

This application was unsuccessful with feedback advising that assessors felt that there was more planning needed and that there was still a financial risk in the project that meant it was less competitive when compared to other projects across the State.

 

In December 2017, at the BSLSC’s request and with information and supporting documentation supplied by the Club, the Shire of Broome submitted an application to the Federal government’s Building Better Regions Fund on behalf of the Club to secure further funding towards the project.

 

This application was again unsuccessful, with feedback indicating that the application was good, and there were strong links identified between the project and the program’s merit criteria that were backed up by adequate evidence. The advice was that while the application was considered good, the project planning was considered to be in its preliminary stages and so the project was not competitive when compared to other applications received from across the country.

 

COMMENT

 

The BSLSC have taken on board the feedback received and would like to improve the level of their planning to improve their chances of future funding applications being successful.

 

The BSLSC committee have committed to invest $25,000 of the Club’s funds to planning for the project and have requested that Council commit up to $20,000 to enable them to engage a suitably skilled, experienced and qualified consultant to further update and develop the existing business case, concept planning, quantity estimates, funding strategy and grant applications.

 

Verification of the Club’s contribution is shown in Attachment 1 through the committee meeting minutes of 13 August 2018, and in the letter of request from the BSLSC in Attachment 2.

 

The intention is to commence this work as soon as possible and utilise the updated planning documents to support an application to the Building Better Regions fund that is anticipated to close in December 2018.

 

CONSULTATION

 

The project has been discussed at length through meetings between the Club and Shire officers, presentations to Council and in meetings with State and Federal government representatives.

 

The project has letters of support from organisations at a local, State and Federal level including the following:

 

·    Surf Life Saving WA

·    Kimberley Development Commission

·    Shire of Broome

·    Broome Triathlon Club

·    Broome Sports Association

·    Melissa Price MP

·    Broome Sailing Club

·    Broome Netball Association

·    Hon Ken Baston MLC

·    Catholic Education Western Australia

·    Garnduwa Amboorny Wirnan Aboriginal Corporation

·    Department of Education – Kimberley Education Regional Office

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

2.2.8 – Self Supporting Loans

3.1.2 – Waiving and Refunding of Fees

4.4.1 – Fee Concessions at Waste Management Facility

 

FINANCIAL IMPLICATIONS

 

The BSLSC have approached a consultant, who has provided a fee proposal of $5,000 to undertake a review of the existing documentation already prepared by Club volunteers. Following the document review, a fee proposal will be submitted for the updated planning documents and funding application. It is anticipated that the cost of this work will be in the range of $30,000 - $40,000.

 

The Club will pay the initial $5,000 fee for the review of the project and the existing documentation. The requested funds from Council (if approved) will contribute to the completion of the updated planning documents and funding application, with Council’s contribution to be matched by the Club.

 

Expenditure

 

Task

Anticipated cost

Broome Surf Life Saving Club (confirmed)

Shire of Broome Contribution (requested)

Review of existing documentation.

$5,000

$5,000

$0

Development of updated planning documents and funding application

Up to $40,000

$20,000

$20,000

Total

Up to $45,000

$25,000

$20,000

 

Funding Source

The funds requested to be contributed to the Club’s planning are proposed to be allocated from GL 23450 – Consultants Op Ex – Other Governance. Currently this account has sufficient budget.

 

Account

2018/19 budget

Committed funds to date

Available funds

Proposed contribution

Balance

23450

$100,000

$26,075

$73,925

$20,000

$53,925

 

RISK

 

Risk

Mitigation

Risk rating

Further planning does not result in a successful funding application

Advocate to all levels of government to ensure awareness of the importance of the project to Broome and the region

Possible/Moderate

= Moderate

The fee proposal for further planning exceeds anticipated cost

Ensure the Club is aware of the maximum amount that will be contributed to by Council

Unlikely/ Minor

= Low

 

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:

 

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

 

Core asset management to optimise the 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:

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That Council:  

1.       Approves the request for the Chief Executive Officer to allocate 50% of consultant costs up to a maximum of $20,000 from GL 23450 - Consultants Op Ex – Other Governance to the Broome Surf Life Saving Club for the purposes of further business planning and preparation of funding applications for the redevelopment of the Broome Surf Life Saving Club facility.

2.       Requests the planning documents produced be provided to the Shire upon completion.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

BSLSC - Committee Meeting Minutes 13 August 2018 (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)(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”.

2.

BSLSC - Letter requesting planning support (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)(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”.

   


 

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 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 – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

The Chairman advised that this item has been amended as additional information was received from Aviair following the agenda publication. The item has been updated for the purpose of the Minutes and contains a Revised Report Recommendation.

With Regards to Item 9.2.1 Cr H Tracey declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “I have business interests in Karratha”.

 

9.2.1      NORTH WEST FLIGHT NETWORK PROPOSAL

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           TRS03

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 May 2018

 

SUMMARY:         At the Ordinary Meeting of Council on 19 October 2017, Council resolved to enter into a Memorandum of Understanding (MOU) to guide collaboration with Aviair and other local governments to further develop a proposal for a North West Flight Network. 

Aviair has requested a formal response from Council regarding making a cash contribution to the proposed North West Flight Network. Since the publishing of this agenda item, Aviair has advised they wish to suspend consideration of this request. An alternative proposal has been received from the City of Karratha (CoK) seeking the Shire of Broome’s interest and commitment to making an equivalent cash contribution as part of an open tender process seeking responses from operators that can deliver Regular Passenger Transport (RPT) services between participating local governments.

This report provides background information and officer recommendations in relation to both proposals.

 

BACKGROUND

 

Previous Considerations

 

EDAC 10 October 2017                     Item 6.1

OMC 19 October 2017                     Item 10.3

 

Background

In early June 2017, the Pilbara Regional Council (PRC) held a workshop together with Aviair and member local governments to explore the potential for an intra-regional air service to be established.  Aviair is an established north-west aviation company with bases in the Kimberley and Pilbara regions. The member local governments of the PRC are the CoK, Shire of Ashburton, Shire of East Pilbara and Town of Port Hedland. The PRC provides services to, and advocates for, the Pilbara region in Western Australia. Its vision is Efficient, cooperative and sustainable local government across the Pilbara, contributing to a region of social and economic prosperity.

 

Following this workshop, at the PRC June 2017 meeting, the PRC resolved to endorse the PRC Chief Executive Officer (CEO) engaging with member local governments for the purposes of drafting heads of agreement (in the form of a MOU) that establishes the principles underpinning a Pilbara intra-regional air service with links to Broome.

 

Aviair subsequently presented the Shire of Broome with a proposal and the draft MOU for consideration. This agenda item was presented to the Economic Development Advisory Committee (EDAC) meeting held on 14 September 2017 but was deferred due to a lack of a quorum of members being present. 

 

On 26 September 2017 Aviair gave a presentation to Council where EDAC members were invited to attend (attended by Cr Foy, Cr Male, Cr Rudeforth, Cr Fairborn, Cr Tracey and Greg Fiorenza). At this workshop, Councillors indicated that more data was required in relation to the current demand for flights between Broome and Pilbara locations, data supporting the figures in the proposal regarding minimum passenger numbers required, other information in support of the feasibility of the proposal and the anticipated benefits the provision of these flights will bring to the Broome community from an economic and tourism prospective. Officers had previously requested this information from Aviair, but were advised that it was not available. Aviair also informed officers that it did not believe it was its role to provide this information along with its proposal, but could do so on a fee for service basis. Note that since the publishing of this agenda item, Aviair has advised that they have completed a body of work regarding the economic benefits to the Broome community.

 

Following the Councillor workshop, this information was again requested, with Aviair providing background historical information on the usage rate of the Broome to Pilbara route. This information is also included in the presentation with this report (see confidential Attachment 1) and was presented previously along with information in support of the proposal from the Broome Chamber of Commerce and Industry (BCCI).

 

The information from the BCCI was provided to EDAC who were again asked to consider the proposal at its Special Meeting on 10 October 2017. Taking into consideration the agenda item and the additional information received from the BCCI and Aviair, EDAC decided not to endorse the officer recommendation and proposed an alternative recommendation.  This alternative recommendation was:

 

Committee Resolution:

Moved: Mr P Taylor                                                   Seconded: Mr J Brown

That the Economic Development Advisory Committee recommends that Council  authorises the Chief Executive Officer  to:

1.       advise Aviair that it wishes to enter into the Memorandum of Understanding for the development of regular public transport air services between the Pilbara, Kimberley and Gascoyne, subject to legal advice being received as to:

(a)    the legal and financial implications of Council entering into the MOU; and;

(b)    advice as to other modifications that may be required to the MOU in response to those implications.

2.       invite Aviair and the Pilbara Regional Council to provide regular updates on the progress and further development of the proposal; and

3.       invite Aviair to provide the following at a future date for Council’s consideration:

(a)    draft funding contract agreement, including the requested amount from the Shire of Broome for further negotiation;

(b)    report and data on the economic impact and benefits that the proposed air service would have on Broome; and

(c)    report and data indicating the level of demand and commitment from State government departments and local businesses for use of this service.

 

CARRIED UNANIMOUSLY 8/0

 

EDAC proposed this alternative recommendation as it considered Aviair’s proposal to have potential economic benefits, and therefore believed that Council should participate in further negotiations on this proposal. In accordance with the alternative recommendation, Shire officers sought legal advice on the MOU, which confirmed the non-binding nature of the agreement. Council subsequently endorsed the EDAC’s recommendation at the Ordinary Meeting of Council on 19 October 2017.

 

The MOU was then signed and provided to Aviair and the PRC to confirm Council’s commitment to the ongoing negotiations and route development process.

 

COMMENT

 

MOU, negotiations and status of local government support

 

Following the Shire’s signing of the MOU, there was minimal engagement with the Shire. Officers contacted the PRC for updates on 3 occasions (December 2017, January 2018 and March 2018), and each time flagged that the Shire had not been involved or updated by either the proponent or the PRC outside of participating in a usage survey.

 

The PRC advised that considerable work went into developing the business case, which incorporated surveying demand with a number of government departments and meeting with key State Government representatives regarding potential support. The PRC’s involvement is acknowledged by the Shire.

 

Officers further became aware of developments regarding the proposal which took place without the Shire’s involvement. These developments include:

 

·    Completion of a Business Case by the PRC;

·    Provision of Business Case to all other parties to the MOU; and

·    Workshopping the Business Case and financial details with Pilbara Local Government CEOs, Aviair and the PRC.

 

More specifically, on 26 March 2018 the Shire received the PRC’s Business Case and was informed of a financial workshop held with other signatories to the MOU in early March 2018. The information and data contained with the PRC’s Business Case (see confidential Attachment 2) does not provide a compelling or detailed case regarding potential benefits to Broome from such a service. The case focused on usage by large industry and State government, the business case suggested that tourism and community use would be required to ensure the longevity of the service. State government departments and large industry surveyed indicated very low usage of the service across the board.

 

The key finding of the case was a lower than expected ‘base load’ demand, with return on investment by way of high productivity gains and also investment in the economic development of the region highlighted as strong arguments for the network.

 

At this time, the Shire also became aware that the CoK had become the first local government to make a financial commitment to the initiative, by way of Council approval on 13 March 2018. The City committed at that stage up to up to a maximum $546,505 per annum for 2.5 years, and authorised the Chief Executive Officer to negotiate a sponsorship agreement with Aviair and PRC Member Councils. It should be noted that CoK’s contribution at that time was across several routes in addition to the proposed Broome link.

 

Aviair has subsequently presented to Council on 2 occasions, each time presenting the same information without an expansion of economic benefits as requested. The Shire has clearly communicated its concerns with the PRC and Aviair.

 

A letter of support for the flight network has been received from the Department of Transport (see confidential Attachment 3) and while it seems that State government financial support may be available in some form in the future, the Shire has not received confirmation regarding State Government funding.

 

Engagement with Aviair

 

Officers coordinated a presentation by Aviair at the Council Workshop on 25 April 2018. Prior to the meeting, officers received a verbal progress update from Aviair, which was the first correspondence in some time.

 

The workshop presentation was attended by Councillors Tracey and Male. A CoK representative was also present at the meeting. Aviair’s presentation is included as confidential Attachment 1 to this report and depicts a high level summary of economic, liveability and safety benefits. The presentation also confirms Aviair’s request for the Shire’s contribution as follows:

 

 

100%

Year 1 Sponsorship

100%

Year 2 Sponsorship

50%

Year 3 Sponsorship

Total Sponsorship

Shire of Broome

$241,135

$241,135

$120,568

$602,838

 

The Shire’s contribution would comprise 50% of a local government subsidy together with the CoK (remaining 50%) towards the delivery of a Broome to Karratha return service 3 times per week. The Shire’s contribution would be non-refundable in the event of patronage on the flights meeting or being above the minimum for the service to be viable.

 

Aviair has now indicated that should the Shire of Broome not agree to the full amount of sponsorship, the Broome to Karratha route would not be progressed. Aviair has previously indicated that should Council consider a lesser amount of sponsorship, it may be open to negotiate a reduced level of service (reduced number of routes). Officers requested an indication of what this might look like, and encouraged this to be presented to Council. This has not been provided, and therefore has not been considered as a realistic option for Council to consider.

 

A presentation was given by Aviair during a Shire delegation to Karratha on 26 June 2018. This presentation was attended by senior Shire staff and Councillors Male, Fryer and Rudeforth.

 

Economic benefits to Broome

 

Should Aviair have approached the Shire through the Economic, Events and Tourism Development Funding Program (open for applications between 15 January 2018 and 16 March 2018), the amount of sponsorship requested would have triggered the condition below:

 

Funding requests that exceed $70,000 cash and $30,000 in-kind may be assessed as part of the Economic, Events and Tourism Development Funding Program, if the project or initiative demonstrates a significant or exceptional benefit to Broome.

 

This sets the expectation of the Shire that it is incumbent on Aviair to demonstrate significant or exceptional benefits of the proposal for it to be eligible for the requested contribution benefits. This criteria has been used to guide officers’ assessment of the application.

 

As previously discussed, one of the key gaps in the proposal has been the availability of modelling regarding the economic benefits that such a service would have to Broome. This has been requested from Aviair, who indicated that they believe this to be the Shire’s responsibility to source but would be willing to provide on a fee-for-service basis. Officers do not consider that it should be the Shire’s responsibility to seek and identify this information in the first instance to justify an unsolicited sponsorship request. Note that after the publishing of this agenda item, Aviair has advised that they have completed a body of work regarding the economic benefit to the Broome community.

 

Inquiries with the BCCI and other stakeholders have not been successful in identifying any existing studies or reports with data of this nature. The BCCI provided data collected as part of a survey of members and community through social media, which provided a high level indication of potential small business usage. This data is included within the Aviair presentation in confidential Attachment 1.

 

Therefore, officers do not believe that Aviair has provided sufficient or compelling information to justify the Shire making a significant financial contribution which at the requested amount would be over and above any other support given to other recipients of Shire funding for the purposes of economic and tourism development.

 

Note that after the publishing of this agenda item, Aviair has advised that they have completed a body of work regarding the economic benefits of the proposal to the Broome community. They have further requested suspension of Council’s consideration of their proposal. Aviair have not provided this information at this time, pending the CoK tender process.

 

City of Karratha Proposal

 

The Shire delegation to Karratha on 26 June 2018 was informed of the CoK’s desire to see an inter-regional flight network proposal progress. The CoK proposed to lead discussions and potentially a coordinated procurement process to seek a provider through a Request for Tenders (RFT) process.

 

This approach aligns with the legal advice received by the Shire (see confidential Attachment 4), which advises that an open procurement approach through tender is required to align with the Local Government Act 1995.

 

The Shire subsequently received a written request (see confidential Attachment 5) from the CoK on 9 July 2018, providing further background information and details of this proposal. In order to progress, the CoK is seeking confirmation from the Shire that it is willing to participate in the proposed procurement process. This confirmation has been requested by 31 August 2018.

 

Key to Council’s consideration of this matter is that the proposal makes it clear that participating local governments need to be prepared to contribute financially during the initial 2 -3 years of service operation. There would also be a requirement to work with CoK officers to finalise RFT documentation and evaluate tender submissions.

 

The CoK has advised that the amount of financial contribution required from the Shire is likely to be in line with the proposal presented by the PRC as per the table below:

 

 

100%

Y1 Sponsorship

100%

Y2 Sponsorship

50%

Y3 Sponsorship

Total Sponsorship

Shire of Broome

$241, 135

$241,135

$120,568

$602,838

 

In considering this approach, officers have requested from CoK further supporting information on the proposal, including the potential benefits to Broome. The CoK provided information regarding the benefits to the region as included in the points below, but did not have specific data relating to economic benefits for Broome for the potential Karratha to Broome link. Benefits articulated by the City include:

 

·    Provides better connectivity for local businesses to service customers;

·    Provides more accessibility to the region’s tourism attractions;

·    Saves considerable costs and time and hence provides productivity benefits; and

·    It is a safer way to travel through the region.

 

It should be noted that the CoK has advised that if the Shire of Broome does not agree to the proposal, the proposed inter-regional flights will not proceed, as Broome is considered of vital importance to the viability of the service.

 

At the time of report finalisation (22 August 2018), the CoK had advised of the following status of other local governments’ involvement in the proposal:

 

Local Government

Status

Shire of East Pilbara

Unconfirmed

Shire of Exmouth

Decision pending

Town of Port Hedland

Declined

Shire of Ashburton

Declined

 

Shire of Broome strategic context

 

The Shire of Broome’s Corporate Business Plan includes actions which focus on economic development including stimulating tourism through air route development and advocacy.

 

The Broome Growth Plan lists flights linking Broome to the east coast and/or international destinations as an action. The plan does not prioritise nor identify links to the Pilbara as a key priority for Broome, or for the Shire to pursue.

 

Consultation with the Broome International Airport (BIA) has confirmed the BIA is strategically targeting east coast and international links and the airlines servicing these for development.

 

While some parallels could be drawn between the Aviair and the CoK request and that received from Australia’s North West for the Singapore flight trial, the key difference is that for the Singapore flight trial, the Shire was requested to underwrite elements of the Singapore trial to a maximum of $90,000. Based on tickets sales, the final contribution from the Shire to this initiative was reduced to $57,656.

 

Re-establishing RPT flights between Broome and the Pilbara may benefit a number of local businesses and government agencies, however the extent and scale of this benefit remains undetermined.  The benefit to Broome’s tourism industry is less certain.  Overall, the true economic benefits of the proposal have not been quantified.

 

Summary

 

Based on legal advice, officers have concluded that direct support of Aviair’s current proposal is not feasible, and that a procurement process will need to be followed to select a carrier to provide the service.

 

The CoK’s approach to move to an open procurement process would address this issue. However, officers still consider that the available information on potential economic benefits to Broome do not support a major investment by the Shire which would be over and above any other funding or contribution to external parties for the purpose of economic or tourism development.

 

The lack of support for this initiative in the Shire’s Strategic Community Plan, Corporate Business Plan, the Broome Growth Plan and strategic direction of the BIA, would also indicate that the Shire’s current resources should be directed elsewhere.

 

Officers are therefore recommending that Council decline the CoK proposal.

 

CONSULTATION

 

Aviair

Pilbara Regional Council

City of Karratha

Broome International Airport

Australia’s North West

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Legal advice has confirmed that an open procurement approach is recommended in order to align with purchasing requirements. Under the CoK’s proposal, the City would implement a RFT, with the Shire committing to provide an agreed amount of funding towards a potential contractor.

 

FINANCIAL IMPLICATIONS

 

The financial model in the Aviair proposal includes support from local governments linked by each route, and a larger financial contribution from Aviair. Aviair has communicated that each route will not be viable without the input of the 2 linked local governments.

 

The CoK advised that without a financial contribution from the Shire of Broome the link between the 2 centres would not be pursued in the proposed tender process.

 

As both proposals constitute unsolicited approaches outside of established grant funding channels, the requested amount has not been budgeted and would require savings to be identified in the current and forthcoming budgets, further rates rises or deferring other committed projects to address a deficit position which would be created.

 

RISK

 

Option

Risk

Type

Rank

Mitigation

Support Aviair proposal

Supporting initiative without following procurement requirements and given lack of supporting data.

Reputational

Financial

Compliance

High

Do not support initiative

Support City of Karratha proposal

Does not align with Shire Strategy or Broome Growth Plan direction.

Reputational

Financial

 

High

Do not support initiative

 

Financial contribution is significant, and unbudgeted.

Financial

High

Do not support initiative

Applicant dissatisfaction

Perception that Shire is not maximising opportunity to support organisations providing social and economic benefits.

Reputational

Medium

Clear communication and transparency as to decision. A fair and equitable assessment process has been undertaken.

Do not support either proposal

Network does not proceed

Reputational

Financial

Low

Do not support – as justified by strategic direction and funding parameters.

 

The key risk for this project is for the Shire of Broome to commit to providing significant resourcing for a project that has unknown outcomes. To mitigate this risk, it is recommended that the Shire ensure sufficient economic data is provided to enable informed decision of Council, as officers have requested from the proponents.

 

Furthermore, regarding the Aviair proposal, significant risk exists for Council should it go against legal advice and support the proposal without an open procurement process in the first instance. This overrides any other doubt regarding the financial model or economic benefits to Broome.

 

While there would be a demonstrated financial impact to the Shire should it decide to contribute to the CoK’s proposal, the level of risk in making an investment of the scale requested would appear to outweigh any potential gains for Broome.

 

Declining either or both of the proposals may provide some minor reputational risk to the Shire, but this could arguably be mitigated through clear communication on the matter.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

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

 

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(REVISED Report Recommendation)

Moved: Cr E Foy                                                        Seconded: Cr C Mitchell

That Council:

1.       Notes Aviair has suspended the request for the Shire to enter into a sponsorship agreement to provide regular passenger transport as part of the North West Flight Network Proposal;

2.       Declines the City of Karratha’s request to commit to making a financial contribution towards for the provision of regular transport services between Karratha and Broome; and

3.       Requests that the Chief Executive Officer formally advise the City of Karratha of Council’s decision not to contribute financially to the proposal.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Aviair Presentation and Request (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”.

2.

PRC Business Case (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”.

3.

Letter of Support from Department of Transport (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”.

4.

Legal Advice (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.

City of Karratha Request (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”.

  


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.2.2      DRAFT COASTAL PLANNING POLICY

LOCATION/ADDRESS:                             Broome Townsite

APPLICANT:                                              Nil

FILE:                                                           LPS6/5

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    31 July 2018

 

SUMMARY:         A draft Coastal Planning Policy has been prepared to guide development in areas within Broome townsite that have been identified as being subject to Coastal Hazard risk within a 100-year planning timeframe.

The draft policy is informed by the findings of the Broome townsite Coastal Hazard Risk Management Adaptation Plan (CHRMAP), which was adopted by Council in September 2017. The CHRMAP systematically identifies coastal inundation and erosion hazards across the Broome townsite.

This report recommends that Council receive the draft Coastal Planning Policy and authorise the Chief Executive Officer to undertake advertising for a period of 21 days in accordance with the Shire’s Public Consultation Local Planning Policy.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 07 September 2017                 Item 9.2.3

OMC 30 March 2017                         Item 9.2.1

OMC 30 June 2016                            Item 9.2.2

 

Background

 

The Shire of Broome and its coastal engineering consultants have undertaken coastal hazard risk management and adaptation planning for the Broome townsite in accordance with State Planning Policy 2.6 - State Coastal Planning Policy (SPP 2.6). Work completed to-date has identified coastal hazard risk and set out adaptation options to improve the townsite’s resilience to extreme weather events and future sea level rise. The draft Coastal Planning Policy included in Attachment No.1 builds upon this work, providing guidance on how development on land subject to coastal hazard risk will be assessed and determined.

 

A summary of the coastal planning work that has been undertaken is outlined below:

 

 

 

Coastal Vulnerability Study

 

The first step of the coastal planning process was to prepare a Coastal Vulnerability Study (CVS) to understand potential future threats from coastal inundation, erosion, stormwater flooding and climate change. The Broome CVS was received by Council in June 2016 and identified the portions of the Broome townsite that are at risk of coastal hazards, namely inundation and erosion, within a 100-year planning timeframe.

 

Broome Townsite Coastal Hazard Risk Management Plan

 

Building on the outcomes of the CVS, the Shire developed a Coastal Hazard Risk Management Adaptation Plan (CHRMAP) in accordance with the Department for Planning, Lands and Heritage (DPLH) Guidelines.  The CHRMAP separates the coastline into 9 distinct coastal compartments (also used in the draft Coastal Planning Policy) based on geomorphological characteristics, coastal processes and geographical locations of interest, and sets out a recommended planning approach for each based on the Risk Management and Adaptation Hierarchy. A copy of the recommended planning approach for each compartment is included within the draft Coastal Planning Policy. 

 

As part of the wider adaptation options, the CHRMAP recommends that the Shire develop a Special Control Area (SCA) to delineate the areas vulnerable to coastal hazard risk over 100-year timeframe and develop a Local Planning Policy help guide development within this area.

 

Scheme Amendment to create a ‘Coastal Hazard Risk Area’ Special Control Area No.9

 

In March 2017 Council resolved to support the proposed inclusion of a ‘Coastal Hazard Risk Area’ SCA into Local Planning Scheme No.6 (LPS6). The purpose of the SCA is to delineate areas of Broome townsite that will be required to undertake coastal hazard risk management and adaptation planning (Adaption Planning) prior to undertaking development.  

 

The amendment was forwarded onto the West Australian Planning Commission (WAPC) for determination. The WAPC considered the amendment and made its recommendation to the Minister for Planning.

 

The Minister for Planning wrote to the Shire and required the amendment be modified to ensure consistency with SPP 2.6. On 26 July 2018 Council resolved to support the modifications and the relevant documentation has been forwarded to the WAPC for final determination.

 

COMMENT

 

The draft Coastal Planning Policy has been developed to assist with the implementation of SCA No.9 – Coastal Hazard Risk Area (SCA9) as proposed by Amendment No.5 to LPS6. The Policy provides guidance on how proposals for development will be assessed and determined for each of the 9 coastal compartments as outlined in the CHRMAP. The draft Policy outlines development controls for land subject to coastal inundation and coastal erosion.

 

Coastal Erosion Risk

 

For land that is subject to coastal erosion, the Policy has been guided by the DPLH’s ‘Draft Manage Retreat Guidelines’ released in August 2017 and the coastal process allowances set out in the CVS. The draft Policy establishes that no permanent structures can be located within the coastal erosion processes setback area for the 2110 planning period unless provision has been made within the Broome Townsite CHRMAP. An example of where development may be permitted within the 2110 coastal process allowance setback would be where a section of coast has been identified for protection.

 

Structures that have a lifespan less that of the coastal erosion planning timeframe may also be permitted subject to the recommended approaches set out in the CHRMAP. However, any approval would be conditional on the owner removing approved structures in advance of the anticipated erosion date. This approach is consistent with the DPLH’s Draft Managed Retreat Guidelines, and will help to ensure developer flexibility is balanced against coastal hazard risk.

 

Coastal Storm Surge Inundation Risk

 

Development that is identified as being at risk from storm surge inundation is to ensure a minimum Finished Floor Level (FFL) for all habitable rooms or net lettable areas for commercial / retail / community buildings, is to a height greater than the predicted storm surge level associated with a 1 in 500-year storm within the 2110 planning timeframe. In instances where a protection option has been identified, the required FFL is only required to be constructed to the height of storm surge associated with a 1-in-500 year event within the planning timeframe prior to the construction of a seawall. Chinatown is an example of this, where it is proposed that a seawall be constructed prior to 2070, therefore the FFL of any development within Chinatown must ensure a FFL greater than predicted storm surge associated with a 1-in-500-year storm within the 2070 timeframe.

 

Other design requirements will also be required, ensuring that buildings are designed to withstand structural loads associated with a storm surge flood event, as well as foundations and footings being adequate to withstand potential erosive action during coastal inundation. A comprehensive list of planning requirements can be found in the draft Policy in Attachment No.1.

 

Notification on Title

 

In addition to the requirements set out above, any subdivision or development located with SCA9 will require registration of a Section 70A Notification being placed on the Certificate of Title, under the provisions of Section 75A of the Transfer of Land Act 1893, for any development/subdivision within the coastal hazard risk area:

 

VULNERABLE COASTAL AREA - This lot is located in an area likely to be subject to coastal erosion and/or inundation over the 100-year planning timeframe (2110).

 

Summary

 

The Shire of Broome and its coastal engineering consultants have undertaken significant research to understand the coastal hazard risks affecting Broome townsite over the 2110 planning timeframe.  Further to this, Council resolved to support the creation of a Special Control Area (SCA9) in LPS6 to delineate those areas within Broome townsite at risk from coastal hazards and ensure that future development either mitigates, or avoids, the risk posed. 

 

A draft Coastal Planning Policy has been prepared to provide adaptation requirements for applicants and assist officers in assessing development applications within SCA9. The adaptation options have been developed based on recommendations set out in the CHRMAP and are consistent with SPP 2.6 and the Draft Planned or Managed Retreat Guidelines.

 

It is considered that the draft Coastal Planning Policy not only increases the townsite’s resilience to current and future coastal hazard risk, but it also balances development pressures and heritage considerations with the need to conserve and enhance coastal values, particularly in terms of biodiversity and ecosystem integrity.

 

The coastal hazard risks are not unforeseen, nor are they insignificant. Therefore, Council is considered to have a duty of care to outline these risks and ensure development is appropriately planned to avoid and mitigate future coastal hazard risk. As a result, it is requested that Council resolve to receive the draft Coastal Planning Policy and authorise the Chief Executive Officer to undertake advertising for a period of 21 days. 

 

CONSULTATION

 

The procedure for making a local planning policy is to comply with Schedule 2 Part 1 Regulation 4 of the Planning and Development (Local Planning) Regulations 2015. This identifies that the local government must publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of:

 

 (i) the subject and nature of the proposed policy; and

(ii) the objectives of the proposed policy; and

(iii) where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

 

In addition to the above, it is also recommended that the following consultation measures are implemented:

 

·    Notice to be displayed on Council’s website;

·    Workshops with Council;

·    21 day public comment period;

·    Notice in the Local Newspaper

·    Letters sent to key stakeholders, including:

Department of Biodiversity, Conservation and Attractions

Yawuru

Horizon Power

Department of Planning, Lands and Heritage

Water Corporation

Broome International Airport

LandCorp

Department of Transport

Kimberley Ports Authority

Department of Water and Environmental Regulation

State Heritage Office

 

Through the preparation of SCA9, all property owners falling within the policy area were consulted. Given the previous notification through the scheme amendment, it is not proposed to write to all landowners again.

 

STATUTORY ENVIRONMENT

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

4. Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)    publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)      the subject and nature of the proposed policy; and

(ii) the objectives of the proposed policy; and

(iii) where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)    if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c) give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

(3)     After the expiry of the period within which submissions may be made, the local government must —

(a) review the proposed policy in the light of any submissions made; and

(b) resolve to —

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

(5)     A policy has effect on publication of a notice under subclause (4). (6) The local government —

(a) must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b) may publish a copy of each of those local planning policies on the website of the local government.

 

67.     Matters to be considered by local government

 

In considering an application for development approval the local government is to have due regard to the following matters to the extent that, in the opinion of the local government, those matters are relevant to the development the subject of the application —

 

(c)       any approved State planning policy;

(q)       the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land  degradation or any other risk;

(r)        the suitability of the land for the development taking into account the possible risk to human health or safety

 

POLICY IMPLICATIONS

 

State Coastal Planning Policy 2.6 (WAPC, 2006)

Coastal Hazard Risk Management and Adaptation Planning Guidelines (WAPC, 2014)

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

The preparation of draft Coastal Planning Policy demonstrates that the Shire has considered the ongoing risk of coastal hazards and has taken the necessary action to implement development controls to address this risk.

 

In the event that no action is taken, there is a risk of future liability claims against the Shire, as the risks are not unforeseen (they are based on the best available information at the time) and are not insignificant. It is considered that the draft Coastal Planning Policy satisfies the Shire’s duty of care to address coastal risk. 

 

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:

 

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 tropical climate design principles and

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Receives the draft Local Planning Policy - Coastal Planning Policy; and

2.       Authorises the Chief Executive Officer to undertake advertising for a period of 21 days in accordance with the Shire’s Local Planning Policy 5.14 - Public Consultation – Planning Matters.

 

Council Resolution:

 

Moved: Cr M Fairborn                                              Seconded: Cr W Fryer

That Council:  

1.       Receives the draft Local Planning Policy - Coastal Planning Policy; and

2.       Authorises the Chief Executive Officer to undertake advertising for a period of 42 days in accordance with the Shire’s Local Planning Policy 5.14 - Public Consultation – Planning Matters.

CARRIED UNANIMOUSLY 7/0

 

REASON: Due to significance of the policy the advertising period should be increased by 21 days to 42 days. .

 

Attachments

1.

Draft Coastal Planning Policy

  


Item 9.2.2 - DRAFT COASTAL PLANNING POLICY

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

With regard to Item 9.2.3 Mr S Mastrolembo declared a proximity interest as “I am joint owner of a property located opposite the property under consideration”.

With regard to item 9.2.3 Ms K Wood declared a proximity interest as “I am part owner of 5B Saville Street, Broome which is adjacent to the site subject of the agenda item.

 

9.2.3      PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6 - REMOVAL OF RESTRICTED USE OVER PART LOT 97 OF STRATA PLAN 57160 AND REZONING OF LOTS 30, 31 AND 32 WALCOTT STREET FROM RESIDENTIAL R20 TO MIXED USE

LOCATION/ADDRESS:                             Lots 30, 31 and 32 Walcott Street, and Part Lot 97 of Strata Plan 57160

APPLICANT:                                              Tony Shrapnel Urban Planning

FILE:                                                           LPS6/9

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Manager Planning and Building Services (Proximity Interest) and; Chief Executive Officer (Proximity Interest)

DATE OF REPORT:                                    3 August 2018

 

SUMMARY:         A Scheme Amendment has been received which proposes to remove a ‘Restricted Use’ condition for the purposes of ‘Motel’ on Part Lot 97 of Strata Plan 57160. It also proposes rezoning of Lots 30, 31 and 32 Walcott Street from Residential zone with a residential density coding of R20 to Mixed Use zone.

This report recommends that Council resolve to adopt the proposed Scheme Amendment for the purposes of public advertising. It further recommends that the amendment be classified as a ‘standard amendment’ under the Planning and Development (Local Planning Schemes) Regulations 2015 for the reasons set out in this report.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Site and surrounds

 

The proposed rezoning includes 3 vacant lots (Lots 30, 31 and 32 Walcott Street) currently zoned Residential R20 and Part Lot 97 of Strata Plan 57160, which is currently zoned Mixed Use zone. The land zoned Mixed Use is subject to the restricted use provision and currently includes a single storey motel development (Old Tropicana Broome).

 

The subject land is bounded by Saville Street to the south, Walcott Street to the west, a motel (Town Beach Oaks) to the east and a Residential R10 lot with a single dwelling to the north. The land to the west of the site on Walcott Street is zoned Residential R10 and is identified in the Old Broome Development Strategy as part of Old Broome Special Character Area. A location plan is included in Figure No. 2 of the Scheme Amendment Report included as Attachment No. 1.

 

The most notable recent development in the locality is the Town Beach Oaks development. This was approved in 2005 and incorporated a 3-stage motel development. To date, only 2 of the stages have been completed. The original application made provision for a third stage to cover the Part Lot 97 of Strata Plan 57160.  However, the final stage of the development application has not been enacted upon.

 

According to the proponent’s scheme amendment report, the use of this land for Motel is no longer the land owner’s intention. Instead, the scheme amendment seeks to increase the land use and design potential by removing the restricted use over Part Lot 97 of Strata Plan 57160 and extending the Mixed Use zone designation to cover Lots 30, 31 and 32 Walcott Street.   

 

Description of the Proposal

 

Attachment No.1 is a copy of the Scheme Amendment report.

 

The amendment seeks to remove the restricted use for ‘Motel’ over Part Lot 97 of Strata Plan 57160 and rezone 3 residential R20 lots as Mixed Use zone.  It is also proposed to amend the Scheme Maps by removing the R20 designation, therefore the applicable residential density coding for the totality of the scheme amendment area will be R40.

 

A copy of the existing Scheme Maps and what is proposed as part of this amendment is included in the Scheme Amendment Report.

 

COMMENT

 

An assessment has been undertaken to determine the suitability of the rezoning in the context of the broader planning framework.  This is set out under the headings below.

 

Shire of Broome Local Planning Strategy

 

The Local Planning Strategy was endorsed in August 2014 and provides for the long-term use, development and conservation of land within the Shire of Broome through zones, reserves and other designations depicted on the Local Planning Strategy Maps.

 

Some of the zones, reservations and other designations in the Local Planning Strategy are already reflected in current Local Planning Scheme No.6. However, where there is an inconsistency between the Local Planning Strategy and the Local Planning Scheme, a scheme amendment is required.

 

In this instance, the totality of land subject to this amendment is identified as Mixed Use within the Local Planning Strategy, hence a scheme amendment is required to remove the restricted use designation over Part Lot 97 of Strata Plan 57160 and rezone Lots 30, 31 and 32 Walcott Street from Residential R20 to Mixed Use.

 

The Local Planning Strategy outlines that the predominant land uses associated with the Mixed Use zoning are to include offices, medium density residential (R40) and tourist accommodation. However, it also notes that in certain locations a lower density of R10 is considered appropriate to preserve the historic character of the area.  This provision is not considered to be applicable to the subject land as it is not zoned R10 or located within the Special Character Area under the Old Broome Development Strategy.  The prevailing built form in the locality, most notably Oaks Town Beach, is consistent with the development potential that would be created through this amendment.

 

The Local Planning Strategy outlines that any future rezoning from ‘Residential’ to ‘Mixed Use’ is to be consistent with the Shire’s Local Commercial Strategy, noting that additional information is required to support rezoning, including a commercial needs analysis.

 

In October 2017 Council adopted the Local Commercial Strategy. This is an informing document for the future Local Planning Strategy and outlines that the current planning framework provides adequate zoned land to accommodate the growth in retail and commercial floorspace demand, excluding supermarket floorspace. Given that the current planning framework makes provision for the proposed rezoning of the lots from Residential to Mixed Use, it is considered that the rezoning satisfies the requirements for the rezoning to be consistent with the Local Commercial Strategy. 

 

A commercial floor space analysis was undertaken to inform the Old Broome Development Strategy (OBDS) adopted by Council in 2014. This sets out the planning direction for Old Broome and identifies that Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. The impact upon surrounding character is explored in more detail under the provisions of Local Planning Scheme No.6 (LPS6).

 

Local Planning Scheme No.6

 

Part Lot 97 of Strata Plan 57160 is zoned Mixed Use with a restricted use for Motel and Lots 30, 31 and 32 Walcott Street are zoned Residential R20. The proposed scheme amendment would remove the restricted use for Motel and rezone the Residential R20 lots as Mixed Use Zone, removing current residential density coding as part of the process.

 

·    Removal of Restricted Use over Part Lot 97 of Strata Plan 57160

 

It is understood that the existing restricted use provision is intended to avoid purpose-built short stay accommodation being converted into permanent accommodation over the existing Oaks Town Beach Development. The restrictive use will remain over the existing Oaks Town Beach development, it will only be the stage 3 portion of the site where it will be removed.

 

The restricted use portion of Part Lot 97 of Strata Plan 57160 for Motel includes a condition to reduce future overlooking to lots on the west of the site. Irrespective of the restricted use condition, the bulk and scale of future development and overlooking on this land would be assessed against the provisions of the Old Broome Development Strategy and the provisions of LPS6. The only difference would be that the proposed amendment would enable future development proposals to incorporate major openings and balconies to front onto Walcott Street. It is therefore considered that removal of the restricted use conditions would improve design flexibility and ultimately lead to activation of the street.

 

·    Rezoning of Residential R20 to Mixed Use

 

The rezoning of 3 Residential R20 lots to Mixed Use zone would require future development to comply with clause 3.34 of LPS6, which sets out the design requirements for the Mixed Use zone.  The rezoning would increase the development potential of the site and may have some adverse impacts upon the adjoining properties  However, given the prevailing built form surrounding the site, such as the Oaks Town Beach, and the desired Mixed Use zoning as outlined in the Local Planning Strategy and OBDS, it is considered that any impacts would be minimal.

 

Scheme Amendment No.7 (Omnibus Amendment) increased discretion over land use permissibility within the Mixed Use Zone. The intention was to provide increased flexibility to applicants in terms of permissible land uses and provide Shire officers with discretion over the uses that may be acceptable, having regard to the Old Broome Development Strategy.

 

Old Broome Development Strategy

 

The OBDS was adopted by Council in 2014. This outlines the medium – long term planning directions for Old Broome over the next 10 – 15 years, a similar timeframe to that contemplated in the Local Planning Strategy.

 

The OBDS sets out the following vision statement for Old Broome:

 

Old Broome will be a vibrant, accessible and equitable mixed use precinct meeting the needs of residents and visitors through development that is respectful of the rich cultural heritage and natural environment.

 

The subject land is located within Area D - Mixed Use Tourist / Residential in the OBDS, which sets out a number of actions, including to “support Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. This does not apply to land located along a ‘priority active frontage’ as outlined above or within the ‘Old Broome Special Character Area’.”

As identified in the assessment of the LPS6, the land itself is not included within the Old Broome Special Character Area, and rezoning residential zoned lots is considered to be a logical evolution of the existing Mixed Use zone which currently incorporates the Oaks Town Beach Development. Future land uses and design responses within the subject land can be adequately addressed through a planning application, having regard to the provisions of LPS6 and the OBDS.

 

Classification of Scheme Amendment under the Planning and Development (Local Planning Scheme) Regulations 2015

 

In August 2015 the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) came into force. The Regulations changed the process to amend local planning schemes by introducing 3 ‘tracks’ of amendments. Amendments must now be classified by the local government as one of the tracks – ‘basic’, ‘standard’, or ‘complex’. The assessment process and timeframe varies according to what classification is selected.

 

A ‘basic’ amendment is generally intended to correct an administrative error in the scheme or to amend the scheme in a way that is consistent with another piece of legislation, which is not applicable to this proposal. In accordance with Regulation 34, the key difference between a ‘standard’ and a ‘complex’ amendment is based on the criteria outlined below. An amendment that is consistent with the criteria is considered to be a standard amendment.

 

·    Is the proposal consistent with a Local Planning Strategy?

 

The Local Planning Strategy identifies the land subject to this amendment as Mixed Use zone. The site is not located within the Old Broome Special Character Area and the proposed rezoning of Residential R20 to Mixed Use is considered timely and will help to support the realisation of the long term objectives for the area.

 

·    Does proposal have minimal impact on land in the scheme area that is not the subject of the amendment?

 

The restricted use portion for Motel includes a condition to reduce future overlooking to lots on the west of the site. Irrespective of the restricted use provision, future development of the site would be assessed against the provisions of the OBDS and LPS6. The only difference would be that the proposed amendment would enable future development proposals to incorporate major openings and balconies to front onto Walcott Street. It is therefore considered that removal of the restricted use conditions would improve design flexibility and ultimately lead to activation of the street.

 

The rezoning of the Lots 30, 31 and 32 Walcott Street from Residential R10 to Mixed Use zone would require future development to comply with clause 3.34 of LPS6, which sets out the design requirements for the Mixed Use zone.  The rezoning would increase the development potential of the site and may have some adverse impacts upon the adjoining properties. However, given the prevailing built form surrounding the site, such as the Oaks Town Beach, and the desired mixed use zoning as outlined in the Local Planning Strategy and OBDS, it is considered that any impacts would be minimal.

 

·    Whether the amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area?

 

The rezoning is consistent with the long-term vision of the Local Planning Strategy and OBDS. The provisions of Local Planning Strategy would ensure that control would be exercised in terms of the nature of future mixed use development, ensuring that layout and design minimises the potential conflict with nearby uses within the locality. The opportunity to promote mixed use development within Old Broome will reduce the pressures associated with urban sprawl and create the desired diversity as outlined in the OBDS.

 

Conclusion

 

The amendment is consistent with the strategic planning framework. Therefore, it is recommended that Council adopt the amendment. If Council resolves to adopt the amendment it will then be forwarded to the Environmental Protection Authority and advertised for public comment as per the Regulations. The amendment and any submissions received will be tabled for consideration at a future Ordinary Meeting of Council.

 

CONSULTATION

 

As required under the Regulations, should Council adopt the proposed standard amendment for advertising purposes, public advertising will be undertaken for a period of 42 days. Public advertising will consist of:

 

·    Publication of a public notice in a newspaper circulating in the scheme area;

·    Display of a copy of the notice in the Shire administration office and on the Shire website;

·    Display of a copy of the Scheme Amendment documentation for public inspection;

·    Providing written notice in the form of a letter to all land owners within a radius of at least 100m of the application site; and 

·    Providing the notice to any public authority the Shire considers will be affected by the amendment. 

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

75. Amending scheme

 

A local government may amend a local planning scheme with reference to any land

within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

 

(a)       prepared by the local government, approved by the Minister and published in

the Gazette; or

(b)       proposed by all or any of the owners of any land in the scheme area, adopted,

with or without modifications, by the local government, approved by the

Minister and published in the Gazette.

 

81. Proposed scheme or amendment to be referred to EPA

 

When a local government resolves to prepare or adopt a local planning scheme, or an

amendment to a local planning scheme, the local government is to forthwith refer the

proposed local planning scheme or amendment to the EPA by giving to the EPA —

(a)       written notice of that resolution; and

(b)       such written information about the local planning scheme or amendment as is

sufficient to enable the EPA to comply with section 48A of the EP Act in relation

to the local planning scheme or amendment.

 

Planning and Development Regulations 2015

 

34. Terms used

 

standard amendment means any of the following amendments to a local planning scheme —

 

(a)       an amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve;

(b)       an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(c)       an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment;

(d)       an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan;

(e)       an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

(f)        an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

(g) any other amendment that is not a complex or basic amendment.

 

35. Resolution to prepare or adopt amendment to local planning scheme

 

(1) A resolution of a local government to prepare or adopt an amendment to a local

planning scheme must be in a form approved by the Commission.

Note: Section 75 of the Act provides for a local government to amend a local

planning scheme or adopt an amendment to a local planning scheme proposed by

all or any of the owners of land in the scheme area.

 

(2) A resolution must —

(a)       specify whether, in the opinion of the local government, the amendment is a

complex amendment, a standard amendment or a basic amendment; and

(b)       include an explanation of the reason for the local government forming that

opinion.

 

(3) An amendment to a local planning scheme must be accompanied by all

documents necessary to convey the intent and reasons for the amendment

 

47. Advertisement of standard amendment

 

(1) Subject to sections 81 and 82 of the Act, if a local government resolves under regulation 35(1) to prepare a standard amendment to a local planning scheme or to adopt a standard amendment to a local planning scheme proposed by the owner of land in the scheme area, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of —

(a)       the purpose of the amendment; and

(b)       where the amendment may be inspected; and

(c)       to whom and during what period submissions in respect of the amendment may be made.

 

(2)   On completion of the preparation of the notice, the local government must advertise the standard amendment to a local planning scheme as follows —

 

(a)       publish the notice in a newspaper circulating in the scheme area;

(b)       display a copy of the notice in the offices of the local government for the period for making submissions set out in the notice;

(c)       give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

(d)       publish a copy of the notice and the amendment on the website of the local government;

(e)       advertise the scheme as directed by the Commission and in any other way the local government considers appropriate.

 

(3) The local government must ensure that the standard amendment to the local planning scheme is made available for inspection by the public during office hours at the office of the local government.

 

(4) The period for submissions set out in a notice must be not less than a period of 42  days commencing on the day on which the notice is published in a newspaper circulating in the scheme area.

 

48. Land owner may be required to pay costs of publication

 

The local government may require a person to pay the cost of the publication of a notice under regulation 47(2) if —

(a)       the notice relates to an amendment to a local planning scheme in respect of land owned by the person; and

(b)       the person proposed the amendment to the local planning scheme.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

All costs associated with undertaking the Scheme Amendment, including advertising costs and staff time, will be met by the applicant.

 

RISK

 

The amendment proposal will allow for an increased number of uses on the subject site and provide for greater design flexibility, which is considered to present minimal risk to Council.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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 tropical climate design principles and

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:  

1.       Pursuant to Section 75 of the Planning and Development Act 2005, amends the Shire of Broome Local Planning Scheme No. 6 for the purposes of public advertising by:

a)   Removing the Restricted Use designation from Part Lot 97 of Strata Plan 57160, located on the north east corner of Walcott and Saville Streets Broome, and amending the Scheme Maps accordingly.

b)   Amending the Scheme Maps by rezoning Lots 30, 31 and 32 Walcott Street from Residential (R20) to Mixed Use.

2.       Determines that the amendment is a standard amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

a)   It is consistent with the Shire’s Local Planning Strategy;

b)   It will have minimal impact on land in the scheme area; and

c)   It will not result in any significant environmental, social, economic or governance impacts on the land in the scheme area.

3.       Requests that the Chief Executive Officer forward this resolution and the amendment documentation to the Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005; and

4.       Subject to the advice of the Environmental Protection Authority under Section 48A of the Environmental Protection Act 1986 that the amendment is not subject to formal environmental assessment, requests that the Chief Executive Officer advertise the amendment for 42 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Scheme Amendment Report

  


Item 9.2.3 - PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6 - REMOVAL OF RESTRICTED USE OVER PART LOT 97 OF STRATA PLAN 57160 AND REZONING OF LOTS 30, 31 AND 32 WALCOTT STREET FROM RESIDENTIAL R20 TO MIXED USE

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.2.4      SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 July 2018

 

SUMMARY:         At the Ordinary Meeting of Council on 31 May 2018, Council resolved to make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 (proposed Local Law). The proposed Local Law was advertised for public comment and submissions from interested parties were invited in accordance with the Local Government Act 1995 (Act).

The purpose of this report is for Council to consider the submission made during the submission period and, in accordance with provisions of section 3.12(4) of the Act, make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 9 August 2012                           Item 9.4.3

OMC 25 September 2014                 Item 12.2

OMC 26 May 2016                             Item 9.2.8

OMC 9 November 2016                    Item 9.2.10

OMC 25 May 2017                             Item 9.2.3

OMC 28 September 2017                 Item 9.2.7

OMC 22 February 2018                     Item 9.2.5

OMC 31 May 2018                             Item 9.2.8

 

At the 28 September 2017 Ordinary Meeting of Council (OMC) Council resolved to begin the process to make the Local Government Property and Public Places Amendment Local Law 2017 (Amendment Local Law). The purpose of the Amendment Local Law was to make the following amendments to the Local Government Property and Public Places Local Law 2016 (existing Local Law):

 

·     amending the area of application of the existing local law by amending the definitions that apply, particularly with regards to the definition of “public place”;

·     clarifying which activities of the local government apply to local government property and which apply to public places;

·     to apply minor amendments to the provisions regarding permissible verge treatments; and

·     changing the provision regarding consumption of alcohol in a public place so that an application under the existing Local Law only requires a licence under the Liquor Control Act 1988, if the Liquor Control Act 1988 requires one to be obtained.

 

Following public consultation on the proposed changes and the forwarding of the Amendment Local Law to the Minister for Local Government, on 22 February 2018 Council resolved to make the Local Law subject to some minor changes recommended by the Department of Local Government, Sport and Cultural Industries (DLGSC). In accordance with Council’s resolution, the Amendment Local Law was then published in the Government Gazette and documentation supporting the Amendment Local Law was forwarded to the Joint Standing Committee on Delegated Legislation (JSCDL). The Amendment Local Law was then considered by the JSCDL at its meeting on 16 May 2018.

 

The Shire of Broome was subsequently advised that the JSCDL had concerns in relation to the wording of certain clauses contained within the Amendment Local Law. As a result, the JSCDL sought an undertaking from Council that changes would be made to affected clauses and that some clauses would not be enforced until these changes have been made.

 

Therefore, in order to comply with the requirements of the JSCDL, Council resolved to make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 (proposed Local Law) at the OMC on 31 May 2018, as follows:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

That Council:  

 

1.       Resolves to undertake to the Joint Standing Committee on Delegated Legislation that the Shire will:

 

(a)    Within 6 months, amend the Shire of Broome Local Government Property and Public Places Local Law 2016 to:

 

(i)   Amend the definition of ‘local government property’ in clause 1.5 to read:

 

local government property means anything -

(a)  which belongs to, is owned by or is under the care, control and management of the local government;

(b)  which is an “otherwise unvested facility” within section 3.53 of the Act but does not include a thoroughfare; or

(c)  of which the local government is the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(ii)  Amend clause 5.1 to replace ‘3.2’ with ‘3.5’.

 

(iii) Amend clause 8.3(c)(ii) to clarify the requirements for crushed rock or gravel by either restoring it to its original version prior to the Amendment Local Law or correcting the typographical errors.

 

(iv) Make all necessary consequential amendments.

 

(b)    Until the Shire of Broome Local Government Property and Public Places Local Law 2016 is amended in accordance with undertaking (a):

 

(i)   Not enforce the Local Law in manner contrary to undertaking (a).

 

(ii)  Where the Local Law is made publicly available, whether in a hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

 

2.       Proposes to make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 as shown in Attachment 2.

 

3.       Advertises, in accordance with section 3.12(3) and (3a) of the Local Government Act 1995, the proposed Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 for a period of not less than 6 weeks.

 

4.       In accordance with section 3.12(3)(b) of the Local Government Act 1995, forwards a copy of the advertisement and proposed Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 to the Minister for Local Government.

                                                                                                        CARRIED UNANIMOUSLY 9/0

 

The proposed Local Law was subsequently advertised for public submissions. The advertisements were placed in the West Australian on 6 June 2018 and the Broome Advertiser on 7 June 2018 as well as the Shire’s website and noticeboards at the Administration Building and Library.

 

The submission period closed on 20 July 2018. No public submissions were received. In accordance with section 3.12(3)(b) of the Act, a copy of the advertisement and proposed Local Law were sent to the Minister for Local Government on 6 June 2018. The DLGSC responded on behalf of the Minister on 20 July 2018. The DLGSC comments included recommending several minor changes. The comments have been incorporated into a schedule of submissions, see Attachment 1 to this report.

 

Attachment 2 to this report contains the proposed Local Law with tracked changes showing amendments made in response to the submission. Attachment 3 shows the proposed Local Law with the amendments but without tracked changes. Attachment 4 shows the existing Local Law with the amendments from the proposed Local Law shown as tracked changes. Attachment 5 shows the existing Local Law amended in accordance with the proposed Local Law and without tracked changes.

 

COMMENT

 

The amendment to the proposed Local Law in response to the DLGSC comments does not alter the scope of the proposed Local Law. The affect of the amendments is to delete some quotation marks and include when the existing Local Law was amended.

 

These amendments are minor and do not affect the operation of the existing Local Law.  It is therefore recommended that Council resolves to make the proposed Local Law subject to the amendments in response to the DLGSC comments and undertake the necessary steps for the proposed Local Law to take effect.

 

CONSULTATION

 

The proposed Local Law was advertised for public comment for a period of 42 days in accordance with the requirements of the Act. No public submissions were received. The DLGSC made a submission which is outlined in the Schedule of Submissions in Attachment 1.

 

STATUTORY ENVIRONMENT

 

The Local Government Act 1995 provides the head of power for local governments to make local laws.

 

The process for the making of local laws is prescribed in section 3.12 of the Local Government Act 1995. This section states:

 3.12. Procedure for making local laws

(1)  In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

(2)  At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

(3)  The local government is to — 

(a) give Statewide public notice stating that — 

(i)    the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

(ii)   a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

(iii)  submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

and

(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

(3a)   A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

(4)  After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

* Absolute majority required.

(5) After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government is to give local public notice — 

(a)       stating the title of the local law; and

(b)       summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

(c)       advising that copies of the local law may be inspected or obtained from the local government’s office.

(7)   The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

(8) In this section —

making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

 

After the last day for submissions, the local government is to consider any submissions made, and may make the local law as proposed or make a local law that is not significantly different from what was proposed. The local law is then published in the Government Gazette and a copy sent to the Minister and the JSCDL.

 

The local law comes into effect 14 days after publication in the Government Gazette.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.12(6) of the Act, if Council resolves to make the proposed Local Law, it will be necessary to advertise in a newspaper circulating throughout the district and publish the text in the Government Gazette. The current charge is $101.45 per page. The proposed Local Law is 2 pages long. This equates to a gazettal fee of approximately $202.90.

 

Advertising in newspapers is at a cost of approximately $300 per occasion. One advertisement is required and therefore the combined cost of advertising and gazetting is $502.90, however this may vary slightly due to changes in charges and fees beyond the Shire’s control. 

 

RISK

 

There is a risk that the proposed Local Law will not be valid if it is not properly drafted.  The risk of this occurring is considered Moderate.  The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGSC and subsequent review by the JSCDL.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council:  

1.       Under the provisions of section 3.12 of the Local Government Act 1995:

(a)  Makes the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018; and

(b)  Publishes the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 in the Government Gazette and provides local public notice of the new Local Law.

2.       Forwards a copy of the gazetted Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 to the Minister for Local Government, and provides documentation supporting the new local law to the Joint Standing Committee on Delegated Legislation.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Schedule of Submissions

2.

Local Government Property and Public Places Amendment Local Law 2018 - with tracked changes

3.

Local Government Property and Public Places Amendment Local Law 2018 - without tracked changes

4.

Local Government Property and Public Places Local Law 2016 - with tracked changes

5.

Local Government Property and Public Places Local Law 2016 - without tracked changes

  


Item 9.2.4 - SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2018

 

 

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Item 9.2.4 - SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2018

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.2.5      SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL12

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 July 2018

 

SUMMARY:         At the Ordinary Meeting of Council on 31 May 2018, Council resolved to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 (proposed Local Law). The proposed Local Law was advertised for public comment and submissions from interested parties were invited in accordance with the Local Government Act 1995 (Act).

The purpose of this report is for Council to consider the submission made during the submission period and, in accordance with provisions of section 3.12(4) of the Act, make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 14 October 2003                     Item 9.1.9

OMC 20 January 2004                       Item 9.1.8

OMC 29 September 2011                 Item 9.1.4

OMC 14 June 2012                            Item 9.4.10

OMC 30 June 2016                            Item 9.2.4

OMC 15 December 2016                 Item 9.2.3

OMC 28 September 2017                 Item 9.2.8

OMC 22 February 2018                     Item 9.2.6

OMC 31 May 2018                             Item 9.2.9

 

At the 28 September 2017 Ordinary Meeting of Council (OMC) Council resolved to begin the process to make the Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 (Amendment Local Law). The purpose of the Amendment Local Law was to make amendments to the Trading, Outdoor Dining and Street Entertainment Local Law 2016 (existing Local Law) to change the definitions of “local government property” and “public place” to provide certainty as to the application of the existing Local Law, consistent with the expectations of the community.

 

Following public consultation on the proposed changes and the forwarding of the Amendment Local Law to the Minister for Local Government, on 22 February 2018 Council resolved to make the Local Law subject to some minor changes recommended by the Department of Local Government, Sport and Cultural Industries (DLGSC). In accordance with Council’s resolution, the Amendment Local Law was then published in the Government Gazette and documentation supporting the Amendment Local Law was forwarded to the Joint Standing Committee on Delegated Legislation (JSCDL).  The Amendment Local Law was then considered by the JSCDL at its meeting on 16 May 2018.

 

The Shire of Broome was subsequently advised that the JSCDL had concerns in relation to the wording of a definition within the Amendment Local Law. As a result, the JSCDL sought an undertaking from Council that this definition would be changed and that the existing Local Law will not be enforced contrary to this change until the change has been made.

 

Therefore, in order to comply with the requirements of the JSCDL, Council resolved to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 (proposed Local Law) at the OMC on 31 May 2018, as follows:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr W Fryer                                                    Seconded: Cr C Mitchell

 

That Council:  

 

1.       Resolves to undertake to the Joint Standing Committee on Delegated Legislation that the Shire will:

 

(a)    Within 6 months, amend the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 to:

 

(i)   Amend the definition of ‘local government property’ in clause 1.6 to read:

 

local government property means anything -

(a)  which belongs to, is owned by or is under the care, control and management of the local government;

(b)  which is an “otherwise unvested facility” within section 3.53 of the Act but does not include a thoroughfare; or

(c)  of which the local government is the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(ii)  Make all necessary consequential amendments.

 

(b)    Until the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 is amended in accordance with undertaking (a):

 

(i)   Not enforce the Local Law in manner contrary to undertaking (a).

 

(ii)  Where the Local Law is made publicly available, whether in a hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

 

2.       Proposes to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 as shown in Attachment 2.

 

3.       Advertises, in accordance with section 3.12(3) and (3a) of the Local Government Act 1995, the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 for a period of not less than 6 weeks.

 

4.       In accordance with section 3.12(3)(b) of the Local Government Act 1995, forwards a copy of the advertisement and proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 to the Minister for Local Government.

CARRIED UNANIMOUSLY 9/0

 

The proposed Local Law was subsequently advertised for public submissions. The advertisements were placed in the West Australian on 6 June 2018 and the Broome Advertiser on 7 June 2018 as well as the Shire’s website and noticeboards at the Administration Building and Library.

 

The submission period closed on 20 July 2018. No public submissions were received. In accordance with section 3.12(3)(b) of the Act, a copy of the advertisement and proposed Local Law were sent to the Minister for Local Government on 6 June 2018. The DLGSC responded on behalf of the Minister on 20 July 2018. The DLGSC comments included recommending minor changes. The comments have been incorporated into a schedule of submissions, see Attachment 1 to this report.

 

Attachment 2 to this report contains the proposed Local Law with tracked changes showing amendments made in response to the submission. Attachment 3 shows the proposed Local Law with the amendments but without tracked changes. Attachment 4 shows the existing Local Law with the amendments from the proposed Local Law shown as tracked changes. Attachment 5 shows the existing Local Law amended in accordance with the proposed Local Law and without tracked changes.

 

COMMENT

 

The amendments to the proposed Local Law in response to the DLGSC comments does not alter the scope of the proposed Local Law. The affect of the amendments is to delete some quotation marks and include when the existing Local Law was amended.

 

These amendments are minor and do not affect the operation of the existing Local Law.  It is therefore recommended that Council resolves to make the proposed Local Law subject to the amendments in response to the DLGSC comments and undertake the necessary steps for the proposed Local Law to take effect.

 

CONSULTATION

 

The proposed Local Law was advertised for public comment for a period of 42 days in accordance with the requirements of the Act. No public submissions were received. The DLGSC made a submission which is outlined in the Schedule of Submissions in Attachment 1.

 

STATUTORY ENVIRONMENT

 

The Local Government Act 1995 provides the head of power for local governments to make local laws.

 

The process for the making of local laws is prescribed in section 3.12 of the Local Government Act 1995. This section states:

 3.12. Procedure for making local laws

(1)  In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

(2)  At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

(3)  The local government is to — 

(a) give Statewide public notice stating that — 

(i)    the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

(ii)   a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

(iii)  submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

and

(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

(3a)   A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

(4)  After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

* Absolute majority required.

(5) After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government is to give local public notice — 

(a)       stating the title of the local law; and

(b)       summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

(c)       advising that copies of the local law may be inspected or obtained from the local government’s office.

(7)   The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

(8) In this section —

making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

 

After the last day for submissions, the local government is to consider any submissions made, and may make the local law as proposed or make a local law that is not significantly different from what was proposed.  The local law is then published in the Government Gazette and a copy sent to the Minister and the JSCDL.

 

The local law comes into effect 14 days after publication in the Government Gazette.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.12(6) of the Act, if Council resolves to make the proposed Local Law, it will be necessary to advertise in a newspaper circulating throughout the district and publish the text in the Government Gazette. The current charge is $101.45 per page. The proposed Local Law is 2 pages long. This equates to a gazettal fee of approximately $202.90.

 

Advertising in newspapers is at a cost of approximately $300 per occasion. One advertisement is required and therefore the combined cost of advertising and gazetting is $502.90, however this may vary slightly due to changes in charges and fees beyond the Shire’s control. 

 

RISK

 

There is a risk that the proposed Local Law will not be valid if it is not properly drafted.  The risk of this occurring is considered Moderate.  The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGSC and subsequent review by the JSCDL.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr M Fairborn

That Council:  

1.       Under the provisions of section 3.12 of the Local Government Act 1995:

(a)  Makes the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018; and

(b)  Publishes the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 in the Government Gazette and provides local public notice of the new Local Law.

2.       Forwards a copy of the gazetted Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 to the Minister for Local Government, and provides documentation supporting the new local law to the Joint Standing Committee on Delegated Legislation.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Schedule of Submissions

2.

Proposed Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 - with tracked changes

3.

Proposed Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 - without tracked changes

4.

Trading, Outdoor Dining and Street Entertainment Local Law 2016 - with tracked changes

5.

Trading, Outdoor Dining and Street Entertainment Local Law 2016 - without tracked changes

  


Item 9.2.5 - SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2018

 

 

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Item 9.2.5 - SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2018

 

 

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Item 9.2.5 - SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2018

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

9.2.6      LEASE DISPOSAL OF 22 CARNARVON STREET BROOME TO RFF PTY LTD

This item is located in these Minutes under Section 14, Matters To Be Discussed Behind Closed Doors.

 


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.2.7      REQUEST TO AMEND SPONSORSHIP AGREEMENT WITH BROOME COMMUNITY STALLHOLDERS ASSOCIATION INCORPORATED

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Broome Community Stallholders Association Incorporated

FILE:                                                           FIS10

AUTHOR:                                                   Events and Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 August 2018

 

SUMMARY:         This report requests Council’s consideration of a request from the Broome Community Stallholders Association Incorporated (BCSA) to amend the current Sponsorship Agreement between the Shire and the Stallholders Association, to allow a change in the provision of in-kind services from waste services to traffic management services.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 October 2006                      Item 9.4.4

OMC 23 October 2014                      Item 9.1.2

OMC 26 May 2016                             Item 9.2.6

 

Background

 

At the Ordinary Meeting of Council on 26 May 2016, Council resolved to enter into a Memorandum of Understanding (MOU) with the BCSA, in accordance with which the Shire would provide financial and in-kind support for the Town Beach Markets and Staircase to the Moon markets during the period from June 2016 to July 2019. The MOU is attached to this report as Attachment 1.

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                                                            Seconded: Cr H Tracey

That Council:

1.       Approves the development of a three year Memorandum of Understanding (MOU) between the Shire of Broome and the Broome Community Stallholders Association to provide both in–kind and cash sponsorship to the value of $36,000 for the Staircase and Thursday Night Markets to cover the cost of;

(a)    waste management services;

(b)    annual review of the Traffic Management Plan and implementation;

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

(d)    50% discount to the venue hire fees for Town Beach Reserve.

2.       Requires the Broome Community Stallholders Association to comply with the following conditions of funding;

a)      The Shire of Broome will be recognised as a major sponsor of all of the Staircase to the Moon and Night Market events.

b)      A report is submitted to the Shire on an annual basis on the Staircase to the Moon and Night Markets event which includes the financial details, a copy of any publicity and recordings of events/activities and evaluation of the program, within three months of it concluding in each year of this Agreement.

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

CARRIED UNANIMOUSLY 7/0

 

Correspondence was received from the BCSA (see Attachment 2) on 2 July 2018 requesting to vary the MOU by reallocating the value of in-kind services (for the provision of waste services) to cash funding for the remainder of the term of the MOU being 30 June 2019.

 

Quotes for waste services by an alternative provider are more cost effective than the Shire, and therefore the BSCA is looking to utilise the Shire’s support as a cash contribution. This would benefit the organisation by presenting a significant cost saving.

 

Following the receipt of the letter, officers have discussed the request with representatives of BCSA and explored options to alter the MOU.

 

COMMENT

 

Officers have investigated the options to provide a monetary contribution or alternative in-kind services to an equal value of the previously agreed waste services.

 

There is no current allowance in the 2018/19 budget for the Shire to allocate a monetary contribution as an alternative.

 

In consultation with the BSCA, the provision of in-kind traffic management by the Shire was identified as the most suitable alternative.

 

The Director of Infrastructure has advised that the proposed change of in-kind services will have limited impact on resourcing for existing works within the Infrastructure Directorate. This is due to the majority of the proposed hours associated with providing traffic management sitting outside of normal business hours.

 

Therefore, it is recommended that Council amends the MOU by agreeing to provide in-kind traffic management services instead of in-kind waste services for the remainder of the term of the Agreement.

 

CONSULTATION

 

Broome Community Stallholders Association

 

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.

 

POLICY IMPLICATIONS

 

Policy 3.4.7 Events

 

FINANCIAL IMPLICATIONS

 

The Manager Financial Services has indicated that there will be no direct impact on the budget. This is because the total value of services is not being altered.

 

BUDGET ALLOCATION IN-KIND WASTE SERVICES 2018/19

Original Budget as per MOU

$13,955

 

 

Actual Year to Date

$ 2,199

Expected expenditure for August 2018

$ 2,199

Anticipated Remaining Budget

$9,557

 

The table below outlines the anticipated cost allocation for the provision of traffic management services based on the requirements of the current traffic management plan and the number of hours. The allocated cost of providing traffic management services is anticipated to be $2,139 per market allowing to this service to be provided for 4 market events, at a total cost of $8,555.

 

Based on the anticipated cost there is the potential that not all of the budget allocation for in-kind services would be expended. In this instance, further traffic management services could be offered for an additional market event within the current financial year.

 

BUDGET ALLOCATION IN-KIND TRAFFIC MANAGEMENT SERVICES 2018/19

PERSONNEL REQUIRED

COST PER EVENT

COST FOR 4 EVENTS

ACCOUNT

1 hr x Normal Time x 2 operators

 $214

 $856

#116196

2 hrs x Overtime 1.5 x 2 operators

 $642

 $2,568

#116196

3 hrs x Overtime 2 x 2 operators

 $1,283

 $5,132

#116196

TOTAL

 $2,139

 $8,556

 

 

RISK

 

No significant risk has been identified in amending the MOU between the Shire and the BCSA in the manner recommended. Failing to amend the MOU as proposed could result in a Moderate risk of reputational damage to the Shire, with the Shire being seen as not supportive of the market events at Town Beach. 

 

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:

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr C Marriott

That Council:  

1.       Approves the amendment of the Sponsorship Agreement between the Shire and the Broome Community Stallholders Association due to expire on 30 June 2019, by agreeing to the Shire providing in-kind traffic management services to the value of $9,557 instead of in-kind waste services for the remainder of the term of the Agreement.

2.       Notes all other terms and conditions of the Agreement remain unchanged.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Stallholders Association MOU 2016-2019

2.

Letter requesting amendment to Sponsorship Agreement MOU (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”.

  


Item 9.2.7 - REQUEST TO AMEND SPONSORSHIP AGREEMENT WITH BROOME COMMUNITY STALLHOLDERS ASSOCIATION INCORPORATED

 

 

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9.3

 

Our Prosperity

 

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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 – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.3.1      CRUISE BROOME FUNDING

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ECI05.1

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 August 2018

 

SUMMARY:         Cruise shipping is an important contributor to Broome’s economy. Data collated by the Australian Cruise Association estimates that the economic impact from 22 large cruise ship visits in 2016/17 equated to $10 million in total expenditure. Developing Broome as one of the State’s premier cruise destinations is vital, and includes providing a warm welcome and appropriate infrastructure.

Cruise Broome was formed in 2016 to coordinate Broome’s efforts in responding to the opportunities offered by the cruise shipping, and has approached the Shire to seek further support following the expiry of the 2016 – 2018 Sponsorship Agreement between the 2 parties.

 

 

BACKGROUND

 

Previous Considerations

 

SMC 28 June 2013                                  Item 9.3.1

OMC 19 December 2013                      Item 9.4.9

OMC 23 October 2014                          Item 9.1.2

OMC 26 February 2015                          Item 9.4.11

OMC 31 March 2016                              Item 9.2.3

OMC 14 December 2017                      Item 9.3.3

EDAC 5 April 2018                                  Item 6.2

OMC 26 April 2018                                 Item 10.4

 

Background

 

At the Ordinary Meeting of Council on 31 March 2016, Council considered a proposal (see Attachment 1) from the Broome Chamber of Commerce and Industry (BCCI) for “a one off injection of $50,000 from the Shire to establish a Cruise Ship Co Op which is designed to be self funding into the future”.

 

Council endorsed the following resolution, and a Sponsorship Agreement (see Attachment 2) was subsequently executed between the Shire and the BCCI.

 

Council Resolution:

(REVISED Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.       Notes the outcomes of the cruise ship visitation for the 2015 year and thanks the Chamber of Commerce and Broome Visitors Centre for their efforts in this regard.

2.       Notes the Chamber of Commerce will use the remaining funds ($9,000) from the current allocation to service cruise ships for the remainder of the current financial year as per previous Council resolutions. 

3.       Endorses the objective in the Tourism WA Strategic Plan for Broome to become a Tier 1 Cruise Ship destination by 2020 alongside Fremantle which will result in a doubling of the current numbers of Cruise Ships to Broome annually. 

4.       Delegates authority to the Chief Executive Officer to negotiate a funding agreement to provide the Chamber of Commerce with a total allocation of $50,000 for activities for a two year period with the following conditions:

(a)  The allocation is to service the visitation of the cruise ships and also work towards attracting more cruise ships annually and working towards achieving the objective set by Tourism WA by 2020

(b)  A report is provided to Council annually which demonstrates the model that has been developed and implemented to establish a sustainable cruise ship model into the future. 

(c)  Demonstrated financial support has been received from industry and other government agencies towards the ongoing sustainability of the cruise ship visitation to Broome. 

5.       Authorises the Shire President and Chief Executive Officer to engross the funding agreement once developed and agreed upon between the parties. 

6.       Requests the Chief Executive Officer to advise the Kimberley Development Commission of the continued financial support the Shire of Broome is providing towards cruise ship visitation in Broome and the strong support the Shire has for the application being submitted by the Broome Chamber of Commerce.

7.       Refers any infrastructure required to facilitate Broome becoming a Tier 1 Cruise Ship destination by 2020 to the Growth planning process for consideration.  

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

COMMENT

 

Cruise Shipping

 

The importance of cruise shipping to the State is highlighted within the State Government’s Two Year Action Plan for Tourism West Australia – 2018 and 2019. The Plan outlines 4 focus areas – the first of which is positioning Western Australia as the western gateway to Australia. This includes specific actions relating to establishing Broome as a desirable and accessible circumnavigation port and touchpoint destination for new cruise lines following the completion of dredging works at the port.

 

Broome’s importance on a State level has also been recognised through Tourism WA’s successful bid to hold the Australian Cruise Association Conference in Broome in September 2018.

 

This focus will arguably increase the already significant impacts of cruise shipping on the Broome tourism industry. The Australian Cruise Association reported that during 2016/17, the total economic impact from 22 days of large cruise ship visits totaled $9.94 million.

 

Small and micro cruise ships make a further contribution, and data is currently being collated on the resulting economic impact.

 

As discussed below, there is a key role for the Shire to play by supporting the continued development of a welcoming place for cruise visitors, and representation of Broome as a desirable destination for cruise ship visits.

 

Initial Sponsorship Agreement

 

A sponsorship agreement was executed in July 2016 for a 2 year period from 1 July 2016 to 30 June 2018 between the Shire and the BCCI for cruise ship servicing, for $25,000 per financial year.

 

BCCI’s responsibilities under the agreement were:

 

•      Work with Tourism WA to promote cruise ship visitation to Broome.

•      Liaise with stakeholders to promote Broome.

•      Implement a sustainable cruise ship model, with financial support from industry and other government agencies.

•      Develop on-shore activities to service cruise ship passengers whilst in port.

•      Coordinate logistics of cruise ship visits and undertake engagement with local businesses.

•      Deliver capacity building activities for local business to cater for cruises.

 

Establishment of Cruise Broome

 

Cruise Broome was incorporated on 6 December 2016. A progress report was provided to the Shire by the BCCI in January 2017 (see Attachment 3), and a further report was received directly from Cruise Broome in January 2018 (see Attachment 4). The further report had a combination of updates against key performance indicators, and proposed terms of a future sponsorship agreement.

 

The reports, and a letter of support from Tourism WA (Attachment 5), indicate that Cruise Broome has made positive progress in the following areas:

 

·     Working collaboratively to promote Broome and attract more large cruise ships.

·     Engaging with local business and assisting to build capacity to cater for the cruise market.

·     Facilitating a welcoming experience for cruise passengers.

·     Contribution to the development of the State’s cruise shipping industry through representing Broome on the Cruise WA Committee.

·     Support of Tourism WA’s bid to host the Australian Cruise Association Conference in Broome during September this year.

 

However, the BCCI has been unsuccessful in developing the Cruise Co-Op as initially proposed and included as a key performance indicator in the initial sponsorship agreement. The initial BCCI report indicated that a business plan had been developed for the Co-Op, however this document has not been provided despite a number of requests by officers.

 

Discussions with Cruise Broome, Tourism WA and investigations by officers indicate that the initial Co-Op model is not replicated elsewhere in the State and is not likely to succeed in Broome.

 

Officers have engaged with Tourism WA to seek further information on funding models for cruise visitor servicing in other ports. In these locations, the servicing models are funded by local government, or a combination of local government and port authorities.

 

Tourism WA and Regional Development Australia have both confirmed that there is no direct funding available for Cruise Broome or visitor servicing of the nature delivered. Tourism WA has however made a significant investment in infrastructure for Broome over the last 12 months to assist in the attraction and retention of large ship cruising.

 

Economic, Events and Tourism Development Funding Program 2018/2019

 

An application was received in January 2018 from Cruise Broome for the Shire’s Economic, Events and Tourism Development Funding Program (EETD) for an amount of $40,000 per year. The application did not meet the essential criteria of the EETD guidelines, including requesting funding for staffing costs which were not eligible under the program.

 

Further, officers considered that the organisation had not met all deliverables under the previous sponsorship agreement, in particular by not demonstrating that they have created or investigated a self-sustainable organisation model. Meeting the requirements of previous funding agreements with the Shire was a key criterion of the EETD.

 

Subsequently, the Economic Development Advisory Committee and Council endorsed the recommendation of officers in relation to the allocation of EETD funding and no funding was awarded to Cruise Broome through the 2018 EETD funding round. Cruise Broome has subsequently engaged with the Shire to discuss other funding opportunities.

 

Officers have considered the following options regarding the funding of Cruise Broome:

 

Option 1 - Provide $27,000 in funding to Cruise Broome for an 8 month period (September 2018 to April 2019)

 

Option 2 - Provide $80,000 in funding for a 2 year period ($40,000 per annum) as per Cruise Broome’s request.

 

Option 3 - Decline to provide funding, and explore other avenues to support the cruise ship industry.

 

In considering these options, officers acknowledge the achievements from Cruise Broome over the past 2 years, including capacity building for local business, developing a welcoming environment for passengers and actively advocating for improvements to allow Broome to cater for this market.

 

The ongoing contribution and future opportunities for Broome from the cruise ship industry are significant and based on other visitor servicing models throughout the State, it is important for local governments to provide financial support.

 

Therefore, officers recommend that Council endorses Option 1. This would provide Cruise Broome with funding to continue its operations and service scheduled cruise ships for the remainder of 2018 and the start of 2019.

 

The intent would be to invite Cruise Broome to work with officers to develop the most efficient and streamlined model moving forward, with the aim of seeking funding through either the 2019/2020 EETD or Tourism Administration Policy, noting that the later would require revisions to the Policy and Council approval for this to occur.

 

While providing funding outside of the Shire’s established funding programs creates a minor inconsistency, it is considered vital that the momentum created in the past 2 years is continued.

 

This would be achieved through the negotiation of clear deliverables for Cruise Broome, to be conditions upon which the funding is provided, as follows:

 

•      Continue to develop and facilitate a welcoming environment for cruise ship visitors.

•      Work proactively with key stakeholders including the Shire, Tourism WA, Kimberley Ports Authority, Broome Visitors Centre and Australia’s North West.

•      Demonstrate sound and transparent governance.

•      Proactively promote upcoming cruise ship visits to community, key stakeholders and all businesses.

•      Engage with the Shire to review, investigate and develop the most efficient model for cruise ship servicing and advocacy in Broome, which may or may not include the current arrangements.

•      Appropriately acknowledge the Shire of Broome as the principal and major sponsor of Cruise Broome in all marketing materials.

•      Requests that Cruise Broome brief Council on the progress of all deliverables no later than 1 March 2019, and submits a final acquittal report by 15 April 2019.

 

These deliverables were discussed and agreed upon by Cruise Broome at a meeting with officers on 22 August 2018.

 

It is also noted that under the previous MOU, Cruise Broome is required to submit a final progress report to the Shire on activities conducted from 1 January 2018 to 30 June 2018. The progress report is due to be submitted by 1 December 2018.

 

CONSULTATION

 

Cruise Broome

Broome Visitors Centre

Tourism WA

Regional Development Australia

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The provision of any funding directly to Cruise Broome is outside of the annual EETD and Tourism Administration Policy rounds and is therefore unbudgeted and would contribute to a deficit position. Should Council endorse funding for Cruise Broome, this would come with a requirement to identify equivalent savings at upcoming Finance and Costing reviews.

 

RISK

 

Option

Risk

Type

Impact

Mitigation

Provide interim funding to Cruise Broome

Applicant dissatisfaction with allocation

Reputational

Low

Clearly communicate the conditions of the allocation to the applicant

Perception of fairness and transparency given application was declined for funding through the EETD

Reputational

Low

Clearly communicate the conditions of the allocation to stakeholders

Cruise Broome does not achieve deliverables

Reputational

Low

Officers to support, communicate and regularly review the deliverables in collaboration with Cruise Broome

Provide full amount of funding requested by Cruise Broome

Applicant did not meet key criteria in previous agreement, and application now falls outside of formal funding rounds

Reputational

 

Medium

Provide interim funding with clear guidelines and communication as to reasoning. Future applications to be submitted through established annual programs

Do not provide any funding to Cruise Broome

Broome’s momentum in developing the cruise industry is damaged

Reputational

 

Financial

 

High

Provide funding to Cruise Broome to allow for continuation of operations while a review is undertaken

 

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:

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

That Council:  

1.       Notes the positive progress made by Cruise Broome and the level of support from Tourism WA towards its activities.

2.       Allocates a total of $27,000 in funding to Cruise Broome to continue operations between 1 September 2018 and 1 April 2019.

3.       Notifies Cruise Broome that any further funding is dependent on the agreed condition of this sponsorship being upheld, and that this decision does not commit Council to ongoing funding of Cruise Broome post 1 April 2019.

4.       Requests that the Chief Executive Officer negotiate a sponsorship agreement with Cruise Broome in relation to this funding, including deliverables in the following key areas:

a)   Coordination of cruise ship visitor welcome activities;

b)   Sound governance;

c)   Marketing, promotion and sponsorship acknowledgement;

d)   Capacity building of local businesses;

e)   Review of cruise ship visitor servicing model; and

f)     Coordination and collaboration with key stakeholders.

5.    Requests that Cruise Broome brief Council on the progress of all deliverables no later than 1 March 2019, and provides an acquittal report no later than 15 April 2019.

6.    Requests that the Chief Executive Officer identify and allocate organisational savings to the value of $27,000, to be allocated to GL account 1367210 in a quarterly Finance and Costing review.

CARRIED 6/1 BY ABSOLUTE MAJORITY

Attachments

1.

BCCI Proposal 2016 - 2020

2.

Cruise Ship Sponsorship Agreement 2016 - 2018

3.

Update Report from the BCCI in January 2017

4.

Update Report from Cruise Broome in January 2018

5.

Tourism WA Letter of Support

  


Item 9.3.1 - CRUISE BROOME FUNDING

 

 

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9.4

 

Our Organisation

 

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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 – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.4.1      MONTHLY PAYMENT LISTING - JULY 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Rates

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    16 August 2018

 

SUMMARY: This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report for the month of July 2018.

 

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 July 2018.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(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; and

(c)    the date of the payment; and

(d)    sufficient information to identify the transaction.

 

 

(2)     A list of accounts for approval to be paid is to be prepared each month showing —

(a)    for each account which requires council authorisation in that month —

(i)      the payee’s name; and

(ii)      the amount of the payment; and

(iii)     sufficient information to identify the transaction; and

(b)    the date of the meeting of the council to which the list is to be presented.

 

(3)     A list prepared under sub regulation (1) or (2) 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. Payments can also be analysed as follows:

 

 

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for the month of July 2018 after $1,118,501.78 in personnel payments, $214,882.36 in utilities and other non-local sole suppliers have been excluded.

 

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 and 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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.       Receives the list of payments made from the Municipal and Trust Accounts in July 2018 totalling $3,042,413.18 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a.      EFT Vouchers 46198 – 46455 totalling $2,467,513.34;

b.      Municipal Cheque Vouchers 57532 – 57535 totalling $1,318.30; and

c.      Credit Card Payments & Municipal Direct Debits DD24701.1– DD24902.29 totalling $573,581.54;

 

2.       Notes the local spend of $1,287,147.83 included in the amount above, equating to 75.31% of total payments excluding personnel and utility and other external sole supplier costs.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Monthly Payment Listing

2.

Local Spending

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - JULY 2018

 

 

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Item 9.4.1 - MONTHLY PAYMENT LISTING - JULY 2018

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    31 July 2018

 

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 July 2018, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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

 

 

BACKGROUND

 

Previous Considerations

 

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

 

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

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.2.2 Materiality in Financial Reporting.

 

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

 

COMMENT

 

The 2018/19 Annual Budget was adopted at the Ordinary Meeting of Council on 28 June 2018.

 

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

 

Budget Year elapsed                       8.49%

Total Rates Raised Revenue            100% (of which 13.65% has been collected)

Total Other Operating Revenue     18%

Total Operating Expenditure           5%

Total Capital Revenue                     1%   

Total Capital Expenditure                1%

Total Sale of Assets Revenue           0%

 

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies material variations between the expected year-to-date budget position and the position at the reporting date.

 

Based on the 2018/19 Annual Budget presented at the Ordinary Meeting of Council on 28 June 2018, Council adopted a balanced budget to 30 June 2019.

 

It should be noted that the Shire of Broome is currently in the process of preparing its Annual Financial Statements. This requires several processes to occur which can affect the Shire’s end-of-year financial position. As these processes are underway, the financial position presented in this report cannot be relied upon as the final position for the Shire of Broome. The final position for the Shire of Broome will be presented to Council as part of the Annual Financial Statements at a later date.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

(1A)  In this regulation —

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

 

(1)         A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

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

(b)         budget estimates to the end of the month to which the statement relates;

(c)         actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;

(d)         material variances between the comparable amounts referred to in paragraphs (b) and (c); and

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

 

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

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

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

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

 

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

(a)          according to nature and type classification;

(b)          by program; or

(c)          by business unit.

 

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

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

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

 

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

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

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

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

(b)         is authorised in advance by resolution*; or

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

* 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.

 

POLICY IMPLICATIONS

 

2.2.2 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective.  Accordingly, the financial implications associated with adopting the Monthly Financial Report are nil.

 

RISK

 

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

 

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the quarterly FACR process to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

 

It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That Council:  

1.       Adopts the Monthly Financial Activity Report for the period ended 31 July 2018; and

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 July 2018.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Monthly Financial Activity Statement

2.

Schedule 2

3.

Schedule 3 -16

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2018

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2018

 

 

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Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.4.3      AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           FIN002

AUTHOR:                                                   Manager Planning & Building Services

CONTRIBUTOR/S:                                    Manager Environmental Health, Emergency and Rangers

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 July 2018

 

SUMMARY:         The 2018/19 Schedule of Fees and Charges was adopted at the Ordinary Meeting of Council on 28 June 2018. It has been identified that some amendments are required to the miscellaneous building fees, animal control fees, events fees and fees for reviewing and approving traffic management plans.

This report recommends that Council approves the adoption of amendments to the 2018/19 Schedule of Fees and Charges.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 June 2018                            Item 9.4.3

 

The Shire of Broome’s 2018/19 Schedule of Fees and Charges were adopted at the Ordinary Meeting of Council on 28 June 2018. It has been identified that some adjustments need to be made to the adopted fees and charges in relation to the following:

·    Miscellaneous building fees – where some fees prescribed are less than the maximum fee prescribed under the Building Regulations 2012 (Building Regulations).

·    Animal control fees - where a fee that has been adopted by Council is greater than the fee that can be prescribed under the Dog Act 1976 (Dog Act).

·    Animal control fees – where a fee that has been adopted by Council has been repealed under the Dog Act.

·    Events fees – where the fees for filming permits have incorrectly been shown as being subject to GST.

·    Traffic management fees – where the fee for the review and approval of traffic management plans for events has been incorrectly expressed, incorrectly shown as being subject to GST and able to be reduced.

 

COMMENT

 

Miscellaneous building fees

 

The following miscellaneous building fees were listed in the Schedule of Fees and Charges as $96 for the 2018/19 financial year period when under the Building Regulations the maximum fee is $97.70:

 

·    Application to extend the time during which a building or demolition permit has effect;

·    Application for occupancy permit for a completed building;

·    Application for a temporary occupancy permit for an incomplete building;

·    Application for modification of an occupancy permit for additional use of a building on a temporary basis;

·    Application for a replacement occupancy permit for permanent change of the building use, classification;

·    Application for an occupancy permit for a building in respect of which unauthorised work has been done;

·    Application for an occupancy permit for a building in respect of which unauthorised work has been done;

·    Application to replace an occupancy permit for an existing building;

·    Application for building approval certificate for an existing building where unauthorised work has not been done; and

·    Application to extend the time during which an occupancy permit or building approval certificate has effect.

 

A copy of the proposed amendments are contained in Attachment No 1 and are shown highlighted with the current fee shown struck through and the proposed fees shown in red.

 

The proposed amendments to the fees and charges are unlikely to have a material impact on the budget given that that they are miscellaneous fees (not a common fee or charge) and given the small difference in amount. As all other building fees are prescribed as the maximum under the Building Regulations, it is recommended that the abovementioned fees are updated for consistency.

 

Animal Control

 

The following animal control fees were incorrectly listed in the 2018/19 Schedule of Fees and Charges:

 

·    Annual-inspection dangerous dog - the current fee and charge is listed as $255.25 however the fee is regulated under the Dog Act as $250.

·    Certified copy of an entry in the register – the current fee is listed as $5, however this fee under the Dog Act has been repealed.

 

Attachment No 2 shows the proposed changes to the animal control fees in the 2018/19 Schedule of Fees and Charges, with the changes highlighted, text to be deleted shown as struck through and the proposed new text shown in red.

 

The proposed amendments to the animal control fees and charges are unlikely to have a material impact on the budget given the small difference in the Annual – inspection dangerous dog fee and the infrequency that the Certified Copy of an entry in the register is charged. Therefore, it is recommended that these fees are updated to correct this inaccuracy.

 

Events Fees

 

The following event fees were incorrectly shown as being subject to GST in the 2018/19 Schedule of Fees and Charges:

 

·    Filming Permit – No external liaison required – the current fee is $84.70 including GST.

·    Filming Permit – External liaison required – the current fee is $126.50 including GST.

 

As these fees are for the Shire providing a permission of regulatory nature in accordance with the Shire’s Local Government Property and Public Places Local Law 2016, they are GST exempt.

 

Attachment No 3 shows the proposed changes to the events fees in the 2018/19 Schedule of Fees and Charges, with the changes highlighted, text to be deleted shown as struck through and the proposed new text shown in red.

 

The proposed amendments to the events fees will not have a material impact on the budget given the change merely removes the GST component. Also, they are not fees to which GST can apply in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). Therefore, it is recommended that these fees are updated to correct this inaccuracy.

 

Traffic Management Plan Fees

 

The following fee relating to the review and approval of traffic management plans for events was incorrectly expressed as an hourly rate and incorrectly shown as being subject to GST in the 2018/19 Schedule of Fees and Charges:

·    Review and Approval of Traffic Management Plans for Events – Per hour – the current fee is $220.00 including GST.

 

As part of the review of the Events Application Form and Guidelines, it was identified that the average time required to review a traffic management plan for an event is 30 minutes.  Therefore, this fee should not be expressed as an hourly rate and can be reduced.

 

In addition, this fee is for the Shire providing a permission that is regulatory in nature and therefore is GST exempt in accordance with the GST Act.

 

Attachment No 4 shows the proposed changes to the review and approval of traffic management plans fee in the 2018/19 Schedule of Fees and Charges, with the changes highlighted, text to be deleted shown as struck through and the proposed new text shown in red.

 

The proposed amendments to this fee will not have a material impact on the budget and is an accurate reflection of officer time in undertaking the relevant task. Therefore, it is recommended that the fee to review and approval a traffic management plan for events is updated as shown in Attachment No 4.

 

CONSULTATION

 

Nil

 

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.

 

6.17. Setting level of fees and charges

 

1.   In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors — 

a.   the cost to the local government of providing the service or goods; and

b.   the importance of the service or goods to the community; and

c.   the price at which the service or goods could be provided by an alternative provider.

2.   A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply of goods if it is requested that the service or goods be provided urgently.

3.   The basis for determining a fee or charge is not to be limited to the cost of providing the service or goods other than a service —

a.   under section 5.96; or

b.   under section 6.16(2)(d); or

c.   prescribed under section 6.16(2)(f), where the regulation prescribing the service also specifies that such a limit is to apply to the fee or charge for the service.

4.   Regulations may — 

a.   prohibit the imposition of a fee or charge in prescribed circumstances; or

b.   limit the amount of a fee or charge in prescribed circumstances.

 

6.18. Effect of other written laws

 

1.   If the amount of a fee or charge for a service or for goods is determined under another written law a local government may not — 

a.   determine an amount that is inconsistent with the amount determined under the other written law; or

b.   charge a fee or charge in addition to the amount determined by or under the other written law.

2.   A local government is not to impose a fee or charge for a service or goods under this Act if the imposition of a fee or charge for the service or goods is prohibited under another written law.

 

6.19. Local government to give notice of fees and charges

If a local government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of — 

a.   its intention to do so; and

b.   the date from which it is proposed the fees or charges will be imposed.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

These amendments will have a negligible impact upon the budget given that these fees are rarely charged or the small difference in the fee amount.

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr W Fryer

That Council:  

1.       Adopts the amendments to the Miscellaneous Building Fees, Animal Control Fees, Events Fees and Fees for the Review and Approval of Traffic Management Plans for Events in the 2018/19 Schedule of Fees and Charges as set out in Attachments No 1, 2, 3 and 4.

2.       Requests that the Chief Executive Officer provide local public notice in accordance with Section 6.19 of the Local Government Act 1995 advising that these Fees and Charges will take effect on and from 6 September 2018.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Miscellaneous Building Fees

2.

Animal Control Fees

3.

Events Fees

4.

Traffic Management Plan Fees

  


Item 9.4.3 - AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES

 

 


 


Item 9.4.3 - AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES

 

 


Item 9.4.3 - AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES

 

 


Item 9.4.3 - AMENDMENT TO 2018/19 FEES AND CHARGES - MISCELLANEOUS BUILDING FEES, ANIMAL CONTROL FEES, EVENTS FEES AND TRAFFIC MANAGEMENT PLAN FEES

 

 


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.4.4      REQUEST FOR QUOTE 18/64 - WANDRRA RESTORATION WORKS PHASE 4

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RFQ18-64

AUTHOR:                                                   Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S:                                    Asset Officer

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    17 August 2018

 

SUMMARY:         This report considers quotations received for Request for Quote (RFQ) 18/64, which is the final package of work for West Australian National Disaster Relief and Recovery Arrangements (WANDRRA) restoration works under claim AGRN 793; and seeks Council’s adoption of the recommendation contained within the attached confidential evaluation report.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 22 March 2018                              Item 12.2

OMC 31 May 2018                                           Item 9.4.6

OMC 28 June 2018                                          Item 12.1

OMC 26 July 2018                                            Item 9.1.1

 

In accordance with regulation 11.2(b) of the Local Government (Functions and General) Regulations 1996 tenders do not have to be publicly invited if the supply of goods or services is to be obtained through the Western Australian Local Government Association Preferred Supplier Panel (the WALGA panel).

 

Whilst the RFQ process outlined in this report is public tender exempt, given the contract exceeds the Chief Executive Officer’s (CEO’s) delegated purchasing authority, Council is requested to consider awarding the contract.

 

On 9 July 2018, a National Disaster Relief and Recovery Arrangements (NDRRA) cost estimate and Essential Public Assets approval form was agreed upon and signed off by the Main Roads WA Regional Manager which approved works to the value of $3,038,495.68. This approved funding can only be accessed in arrears and therefore the Shire is required to meet the costs of construction prior to accessing WANDRRA funding, as outlined within the Financial Implications section of this report.

 

The allowable time limit to submit a WANDRRA claim is 24 months after the end of the financial year in which the relevant disaster occurred. In this case all claims associated with TC Kelvin and associated heavy rainfall in Broome and West Kimberley, (AGRN 793 - 17 to 19 February 2018) are to be submitted before 30 June 2020. It is expected that all works will be completed by December 2018, with a 6-month contingency allowance. 

 

The works to be undertaken associated with the WANDRRA claim have been broken into four phases/packages of work, which the Shire has engaged external contractors to undertake the majority of works. The first three phases of work have been awarded as follows:

·    OMC 28 June 2018: Council resolved to award RFQ18/60 WANDRRA Restoration Works Phase 1 to McCorry Brown Earthmoving (maximum contract value $650,000 exc GST); and

·    OMC 26 July 2018: Council resolved to award contracts to McCorry Brown Earthmoving for RFQ 18/61 WANDDRA Restoration Works Phase 2 (maximum estimated cost $600,000 exc GST) and Roadline Civil Contractors for 18/62 WANDDRA Restoration Works Phase 3 (maximum estimated contract value $1,450,000 exc GST).

 

Council is now required to consider awarding the contract for Phase 4.

 

COMMENT

 

Scope of Works

 

RFQ18/64 is a Contract for the supply of the equipment, plant, operators and labour and undertaking repair works.  The works will be under the direction of the Talis Project Manager who shall manage the execution of the works as specified, generally comprising:

 

·    Stabilisation works (the process of incorporating existing pavement, imported road base or recycled crushed concrete and binder uniformly mixed, moistened and compacted thereby turning it into a bound surface)

·    Asphalt and sealed pavement reinstatements; and

·    Traffic management.

 

Works will be undertaken on the following roads and are intended to commence on 10 September 2018:

 

·    Cape Leveque Road

·    Frederick Street

·    Lullfitz Drive

·    Short Street

 

Procurement Process

Each procurement process was managed externally by Talis Consultants.

 

In accordance with Council’s Purchasing Policy 2.1.2, 3 quotations were sought for the RFQ, with 2 submissions received by the closing date. Submissions have been evaluated against compliance criteria and quotations were assessed as compliant.

 

Value for Money Assessment

In accordance with Council’s Purchasing Policy 2.1.2, officers utilised a value for money assessment to determine the most advantageous quotations through a formal evaluation process including 3 panel members consisting of 2 Shire officers and the Talis project manager. This included an assessment of the following qualitative criteria:

·    Relevant Experience – 20%

·    Key Personnel Skills and Experience – 20%

·    Respondent’s Resources – 20 %

·    Demonstrated Understanding – 15%

·    Price – 25%

 

A detailed description of the quotation evaluation process is included within the confidential evaluation report provided for Council’s review and information in Attachment 1. Council is requested to consider the quotations received and adopt the recommendation contained within the confidential Evaluation Report.

 

CONSULTATION

 

Main Roads Western Australia

Office of Emergency Management

 

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 good or services.

(2)     Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

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 sub regulation (2) states otherwise.

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

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

 

POLICY IMPLICATIONS

 

Purchasing 2.1.2

 

FINANCIAL IMPLICATIONS

 

On 9 July 2018, a NDRRA cost estimate and Essential Public Assets approval form was agreed upon and signed off by the MRWA Regional Manager which estimated the value of the approved works to be $3,038,495.68. This cost is an estimate and 10% contingency has been added to cost of the four phases of WANDRRA works to allow for any cost overrun. 

 

As WANDDRA funding can only be accessed in arrears, the Shire is required to meet the costs of works prior to claiming reimbursements. At the OMC held 26 July 2018, Council approved a budget amendment to allocate $2,362,260 to income and expense accounts 120306 and 102204 respectively, to accommodate for the agreed NDRRA cost estimate.

 

No further budget amendments are required to award this Phase 4 portion of works.

 

Final amounts to be reclaimed will be unknown until invoices are received by the relevant contractor, however officers recommend awarding the contract capped at a maximum value.

RISK

 

The risk associated with the engagement of a construction company is that the contractor does not carry out the required works to a satisfactory standard which may result in project delays, which has the potential to affect the eligibility of claims.

 

This risk has been assessed as Low, having utilised WALGA’s WANDRRA preferred panel of suppliers, along with the recommended contractors having extensive experience undertaking the construction of WANDRRA works throughout Western Australia.

 

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

 

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 the 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:

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Adopts the recommendation to award the contract for RFQ18/64 WANDRRA Restoration Works Phase 4 to ____________________ on a Schedule of Rates basis subject to any required minor variations, as per the confidential evaluation report contained within attachment 1; and

2.       Requests the Chief Executive Officer to negotiate the value of the scope of works up to a maximum value of ________________.

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr C Mitchell

That Council:  

1.       Adopts the recommendation to award the contract for RFQ18/64 WANDRRA Restoration Works Phase 4 to McCorry Brown Earthmoving Pty Ltd on a Schedule of Rates basis subject to any required minor variations, as per the confidential evaluation report contained within attachment 1; and

2.       Requests the Chief Executive Officer to negotiate the value of the scope of works up to a maximum value of $650,000 excluding GST.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Evaluation Report (Confidential to Councillors and Directors Only)

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

  


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

9.4.5      MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 31 JULY 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           OGS03 & RCG01

AUTHOR:                                                   Director Corporate Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    20 August 2018

 

SUMMARY:         This report presents for Council endorsement the Minutes from the Joint Meeting of the Kimberley Zone of WALGA and Kimberley Regional Group held on 31 July 2018.

 

 

BACKGROUND

 

Previous Considerations

 

A copy of the minutes from the meeting held 31 July 2018 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) are attached for Council consideration (Attachment 1 - Kimberley Regional Group Minutes 31 July 2018).

 

As a result of a past decision of the group, both the Kimberley Zone and KRG meetings are joined. 

 

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA).  This group includes the four Kimberley Shires in addition to the Shires of Christmas Island and Cocos Keeling Islands.

 

The KRG is a group defined through a deed of agreement between the four Kimberley local governments with the Minister for Local Government.

 

The Shire of Broome accepted the Secretariat role for the Kimberley Zone / KRG late in 2017, with the formal transition to Secretariat finalised in December 2017.

 

COMMENT

 

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

 

9.1     KIMBERLEY REGIONAL GROUP FINANCIAL ACTIVITY REPORT JUNE 17/18

 

A Financial Activity Report was presented for adoption, indicating the KRG have a surplus of $293,691 as at end of June 2018.

 

KIMBERLEY REGIONAL GROUP RESOLUTION

(RECOMMENDATION):

 

That the Kimberley Regional Group adopts the Financial Activity Report for the period ended 30 June 2018.

          Moved:     Geoff Haerewa                    Seconded:         Malcolm Edwards

                                                                                                                                          FOR: 4

                                                                                                                                  AGAINST: 0

 

9.2     KIMBERLEY REGIONAL GROUP MEETING RESOLUTION STATUS REPORT

 

A status report was provided from the Secretariat outlining progress on Resolutions passed by the Zone/KRG since July 2016. The status report was received and noted for finalisation under the authorisation of the Secretariat.

 

KIMBERLEY REGIONAL GROUP RESOLUTION

(RECOMMENDATION):

 

That the Kimberley Regional Group:

1.   Notes the outstanding Resolution Status Report; and

2.   Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions.

                   Moved:     Geoff Haerewa                    Seconded:         David Menzel

                            FOR: 4

AGAINST: 0

 

9.3     KIMBERLEY ZONE / KIMBERLEY REGIONAL GROUP BUDGET 2018/19

 

A Draft 2018/19 Budget was presented for adoption by the group The Draft Budget has been developed with regard to historical expenditure while also taking into account changes in service delivery methods and marginal increases in local government CPI.

From an operational perspective the major components of the Draft Budget include:

·    The change from a full time Project Manager to an Executive Officer Consultancy significantly reduced operating expenditure and removed the need for associated costs such as vehicle and office leases, training and development and workers compensation. Costs associated with executive and administrative consultancy services total $87,285, a $92,247 saving over budgeted 2017/18 employment costs. It is proposed that these savings are redirected across nominated projects.

·    The Kimberley Zone will host the Joint Kimberley NT Forum in Broome during December 2018. A conservative approach has been taken with $20,000 in expense and $16,000 in reimbursements (attendance fees, corporate sponsorships etc.) budgeted.

·    In addition to the Joint Kimberley NT Forum the Zone will also host the Kimberley Pilbara Forum in 2019. Details are yet to be formalised however an estimated expense of $30,000 has been budgeted along with corresponding reimbursements of $25,000.

·    Total meeting costs inclusive of the two events above amount to $78,000 with $63,000 of corresponding reimbursements.

·    $15,000 has been budgeted to facilitate a full review of the Zone Strategic Community Plan and Regional Business Plan. In addition to renewing the plans this process will be designed to prioritise a small number of initiatives for action throughout the following 12 months.

·    Member contributions have been slightly reduced to $53,000.

·    No “seed fund” contribution has been budgeted however it has been proposed that $75,000 of surplus funds are used to fund projects identified in the Regional Business Plan (these projects are listed below as funded by KRG surplus). This will reduce the surplus to $218,691.

Several projects have also been proposed based on the strategic objectives of the group as outlined in the KRG Regional Business Plan:

0405234 – Volunteering Strategy Stage 2 ($65,000 – 100% grant funded)

0405235 – Alcohol Management Initiatives ($30,000 – 100% grant funded)

0405236 – Procurement Improvement Program ($100,000 – 50% grant funded)

0405237 – ICT & Office 365 Improvements ($10,000)

0405238 – Kimberley Waste Management Plan ($19,734 – $14,710 17/18 carryover)

0405239 – Kimberley Land Tenure Implementation Plan ($5,000)

0405240 – Kimberley Regional Education / Training Business Case ($25,000 – KRG surplus)

0405241 – Savannah Way Business Case Implementation Plan ($25,000 – KRG surplus)

0405242 – Liquid Waste Business Case ($25,000 – KRG surplus).

0405234 – Volunteering Strategy Stage 2

The group has received a $65,000 Department of Communities grant to facilitate the second stage of the Kimberley Volunteering Strategy. This stage will inform the development of the strategy and action plan to ensure services are meeting the needs of the regions volunteers.

Stage 2 comprises of 5 project phases which must be completed by July 31, 2019:

- Phase 1 Environmental Scan ($2,500)

- Phase 2 Workshops ($15,000)

- Phase 3 Develop Strategy ($15,000)

- Phase 4 Develop Action Plan ($7,500)

- Phase 5 Shire Capacity Building ($25,000).

0405235 – Alcohol Management Initiatives

$30,000 has been budgeted to progress the groups desire to implement regional alcohol harm minimisation initiatives that support the groups strategic outcomes such as improving health, safety, tourism and economic development.

0405236 – Procurement Improvement Program

Outcome 1.1 within the Strategic Community Plan recognises the need for effective governance protocols and efficient business practices that support regional development. Following the Regional Business Plan desktop review, procurement was identified as an area that each member local government was interested in improving in line with this regional outcome.

$100,000 has been included within the 2018/19 budget to support procurement improvement initiatives including:

1.   The purchase of Procurement Spend Analysis Software to be implemented at each member local government ($25,000). This will improve purchasing trend analysis and streamline manual procurement reporting processes.

2.   Membership of a leading practice procurement improvement program ($75,000) designed to assess capabilities, develop improvement plans and provide professional procurement advice and mentoring to facilitate capacity building amongst member Councils.

In conjunction these investments will improve compliance with relevant purchasing legislation, increasing internal business process and systems efficiency and significantly reduce individual member risks in regard to procurement.

0405237 – ICT & Office 365 Improvements

The Secretariat utilises a Microsoft SharePoint based records system which has significant capabilities that are currently not being maximised. $10,000 has been budgeted to implement functionality within the current environment to streamline record keeping and collaboration amongst members.

0405238 – Kimberley Waste Management Plan

$14,710 was budgeted in the 2017/18 budget to develop a regional waste management plan. This project is underway however a further $5,024 is required. The unspent allocation from 2017/18 will be carried over into the 2018/19 financial year and allocated against this project.

0405239 – Kimberley Land Tenure Implementation Plan ($5,000)

A nominal $5,000 amount has been allocated to continue progressing outcomes from the Land Tenure Implementation Plan. This will include the development of an engagement and lobbying plan to ensure that the plan outcomes are being communicated effectively.

0405240 – Kimberley Regional Education / Training Business Case ($25,000 – KRG surplus)

The Regional Business Plan identifies the development of a business case for regional educational “centres of excellence”. $25,000 of the KRG surplus will be used to fund this initiative.

0405241 – Savannah Way Business Case Implementation Plan ($25,000 – KRG surplus)

The Savannah Way Business Case identifies several strategies to unlock the full tourism potential of the region. $25,000 of the KRG surplus will be used to fund the development of various supporting business cases to ensure that the tourism benefits are maximised.

0405242 – Liquid Waste Business Case ($25,000 – KRG surplus).

Strategy 2.2.2 within the Regional Business Plan identifies the progress of regional liquid waste infrastructure. $25,000 of the KRG surplus will be used to fund this project.

 

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REVISED REPORT RECOMMENDATION)

That the Kimberley Regional Group:

1.   Endorse the 2018/19 Kimberley Regional Group Budget;

2.   Support the development of a business case for the Tanami Road; and

3.   Request the Secretariat provide a proposed budget amendment for the Tanami Road Business Case at the next meeting.

          Moved:     Geoff Haerewa           Seconded:         David Menzel

                                                                                                                                    For: 4

                                                                                                                           Against: 0

(ABSOLUTE MAJORITY REQUIRED)

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

As a member of the Kimberley Regional Group the Shire of Broome commits funds to regional initiatives by way of a financial contribution towards the group. The budget forecasts a member contribution of $53,000. $55,000 has been allocated to Kimberley Zone Member Contributions within the Shire’s 2018/19 Budget.

 

Historically members have also contributed “seed funding” to allow the group to undertake priority projects identified within the KRG Regional Business Plan. As there is an identified surplus this seed funding contribution is not required in 2018/19.

 

RISK

 

There is minimal risk associated with the recommendation of this report to the Shire of Broome.

 

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:

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr H Tracey

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA / Kimberley Regional Group as attached in the minutes from the Joint Meeting held 31 July 2018 en bloc.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Kimberley Regional Group Minutes - 31 July 2018

  


Item 9.4.5 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 31 JULY 2018

 

 

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10.

 

Reports

Of

Committees


Minutes – Ordinary Meeting of Council 30 August 2018                                                                           Page 0 of 1

 

10.1       LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 JUNE 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EMS02

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST: