VISION OF COUNCIL

 

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

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

22 November 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.

 


Agenda – Ordinary Meeting of Council 22 November 2018                                                                 Page 1 of 4

 

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

 

 

2018

27 September

LOA

 

 

A

LOA

 

 

 

 

2018

25 October

 

LOA

 

 

LOA

LOA

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

      (6)     A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

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

 

 


AgendaOrdinary Meeting of Council 22 November 2018                                                                              Page 1 of 4

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 22 November 2018

INDEX – Agenda

 

1.               Official Opening and Attendance. 8

2.               Declarations of Financial Interest / Impartiality. 8

3.               Public Question Time. 8

4.               Applications for Leave of Absence. 9

5.               Confirmation of Minutes. 9

6.               Announcements by President Without Discussion.. 9

7.               Petitions / DEPUTATIONS. 9

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

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     RENEWAL OF APPLICATION FOR LICENCE TO TRADE IN A PUBLIC PLACE - BEACH HUT. 12

9.2      Our Place. 65

Nil

9.3      Our Prosperity. 67

Nil

9.4      Our Organisation.. 69

9.4.1     MONTHLY PAYMENT LISTING - OCTOBER 2018. 70

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT OCTOBER 2018. 98

9.4.3     COUNCIL MEETING DATES 2019. 211

9.4.4     SMALL BUSINESS FRIENDLY LOCAL GOVERNMENTS. 217

9.4.5     CAPE LEVEQUE ROAD PARTIAL ROAD CLOSURE FOR 2018/2019 WET SEASON.. 248

10.            Reports of Committees. 253

10.1      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018. 254

10.2      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018. 265

10.3      AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 NOVEMBER 2018. 279

10.4      KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP JOINT MEETING - 9 OCTOBER 2018. 324

11.            Notices of Motion.. 345

12.            Business of an Urgent Nature. 345

13.            Questions by Members Of Which Due Notice Has Been Given.. 345

14.            Matters Behind Closed Doors. 345

15.            Meeting Closure. 345

 


AgendaOrdinary Meeting of Council 22 November 2018                                                                              Page 1 of 4

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 22 November 2018 in the Council Chambers, corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

15/11/2018

 


AgendaOrdinary Meeting of Council 22 November 2018                                                                              Page 1 of 4

 

1.         Official Opening and Attendance

 

              Attendance:

 

              Apologies: 

 

              Leave of Absence:        Cr D Male (as granted at OMC 30 August 2018)

                                                         Cr P Matsumoto (as granted at OMC 25 October 2018)

                                                         Cr C Mitchell (as granted at OMC 25 October 2018)

                                                         Cr M Fairborn (as granted at OMC 25 October 2018)

 

              Officers:

 

              Public Gallery:

 

2.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

3.         Public Question Time

 

The following question was received from Terry Wooltorton at the Ordinary Meeting of Council held 25 October 2018 and was taken on notice:

 

Are Councillors aware of the results of any research carried out by either the applicant or Council staff into:

a)      the attitudes of local and visiting beach users especially during the proposed times of access and egress;

b)      the average number of people using the beach and operator access route during times of access and egress;

c)      the statistics on incidents and fatalities involving jet skis on hire, particularly at international tourist destinations;

d)      the direct economic benefit to Broome given that availability of jet skis on Cable Beach will of itself, be unlikely to attract tourists;

e)      the potential economic social damage to Broome should an incident – personal or environmental, occur?

 

Response provided by Director Development & Community:

Taking onboard feedback received about the lack of activities for people to do in Broome, including on Cable Beach, the Shire has approved Ultimate Watersports’ trading licence application. The licence application was assessed to ensure it was consistent with and minimised the impact on the amenity of other beach users. Officers also ensured that risks associated with the activity were adequately managed by the applicant through its Business Operating Plan, Risk Assessment and Management Plan and Emergency Response Plan.

 

The following questions were received from Jan Lewis at the Ordinary Meeting of Council held 25 October 2018 and were taken on notice

 

Question One:

If it’s the Department of Transport that is responsible for monitoring the jet skis and other machines, how many people do they have working in that role, how often will they be on the beach, how do we contact them, who do we ring if there is a noise complaint and what do the people on the beach do when they’re upset with the noise of jet skis?

 

Response provided by Director Development & Community:

Shire officers are unaware of the staffing structure or work programs of officers at the Department of Transport. The contact number for the Department of Transport in Broome is (08) 9022 5999.

 

Noise complaints should be directed to the Shire. Further information on noise complaints can be found on the Shire website at: http://www.broome.wa.gov.au/Community-Information/Public-Health-Safety/Nuisance-Complaints-Including-Noise.

 

Question Two:

Why weren’t users of the beach, like me, consulted or told about the application? Why wasn’t it more publicly advertised?

 

Response provided by Director Development & Community:

There is no obligation on the Shire to seek public comment in relation to proposed trading activities. Instead, comment from surrounding businesses is sought by the applicant. For this trading activity, comments were sought from the Beach Hut and the Surf Club.

 

4.         Applications for Leave of Absence  

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 25 October 2018, as published and circulated, be confirmed as a true and accurate record of that meeting.

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions / DEPUTATIONS

 

 

8.         Matters for Which the Meeting May Be Closed

 

Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.


 

9.

Reports

of

Officers


 

9.1

 

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.1.1      RENEWAL OF APPLICATION FOR LICENCE TO TRADE IN A PUBLIC PLACE - BEACH HUT

LOCATION/ADDRESS:                             Cable Beach

APPLICANT:                                              Beach Hut WA Pty Ltd

FILE:                                                           HEA001

AUTHOR:                                                   Environmental Health Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development & Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 November 2018

 

SUMMARY: The Shire has received an application to renew a licence to trade in a public place in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 from Beach Hut WA Pty Ltd (Beach Hut). The Beach Hut are also seeking a minor amendment to the conditions of the trading license. This report provides an overview of the renewal application for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 24 April 2014                        Item 9.1.4

OMC 29 June 2017                        Item 9.2.8

 

COMMENT

 

Beach Hut WA Pty Ltd (Beach Hut) have applied to the Shire for the renewal of its license to trade in a public place, so as to continue current operations located on Cable Beach (see Attachment 1). The application was received by the Shire on 1 November 2018.

 

The Beach Hut currently operates under Trading Licence 006/2014 on the central section of Cable Beach in front of the Cable Beach Foreshore (see Attachment 2). The beach equipment hire business has been in operation on Cable Beach for 35 years.  The Beach Hut has been owned and operated by Daryl and Angela Roberson for the last 15 years, since 2003. Mr Roberson had managed the beach hire business for the previous owner for 7 years prior to purchasing the business. The Beach Hut is currently the only beach equipment hire service operating on Cable Beach in Broome.   

 

Approved operations include the hire of beach equipment, and is restricted to the hire of umbrellas, sun lounges, chairs, surfboards, stand up paddle boards, boogie boards, portable shades and children’s beach toys.

 

The Beach Hut has a custom-made tandem axle equipment trailer which is towed onto Cable Beach and parked daily by a Toyota Hilux vehicle. The vehicle and trailer act as the Beach Hut’s hiring point for customers. Operation hours are 7:00am to 5:30pm all year round.

 

In 2013 Council called for expressions of interest for licences to conduct trading activities on Cable Beach, including the ability to express an interest in obtaining a licence for “Beach Gear Hire”. Previously, the Shire’s Policy 5.1.3 - Commercial Activities on Cable Beach stated that the Shire will invite applications for each of the 6 available Trading Licences for commercial activities on Cable Beach. One application had been received for “Beach Gear Hire” from Daryl and Angela Roberson who at that time held the current licence and were successful in obtaining the licence to continue conducting a “Beach Gear Hire” business.

 

An expressions of interest process has not been followed on this occasion. The application before Council is for a licence renewal in accordance with clause 2.5.1 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law), where prior to the expiry of a trading licence the licensee may apply for the renewal of the licence. Daryl and Angela Roberson were the only applicants for this activity following the previous expression of interest process, and they have been operating consistently since 2003 in accordance with the Local Law and relevant Shire policy. In addition, the requirement for an expression of interest process to be followed before issuing trading licences for Cable Beach is not included in the current Trading in Public Places Policy 3.3.6 (Policy). It is for these reasons that officers have brought this application to Council and are not recommending an expressions of interest process be followed.

 

At the April 2014 Ordinary Meeting of Council (OMC), Council resolved to issue a new trading licence to the Robersons. The Trading Licence was subsequently issued to the Robersons on 16 May 2014.

 

At the OMC on 29 June 2017, a request for Council to vary the Beach Hut trading licence was received from the Robersons. The requested variations included amending the entity that holds the licence, amending the items able to be hired and amending the expiry date of the licence, as well as amendment of an administrative error in the resolution made by Council for Item 9.1.4 at the April 2014 OMC. Council resolved to vary the licence conditions but declined to change the expiry date, and the current expiry date is 31 December 2018 (see current licence in Attachment 3).

 

On 1 November 2018 and upon submission of the renewal application, Daryl and Angela Roberson met with Shire officers to discuss the application. In particular, request for a 7.5 year trading license and variation of licence conditions to include the potential sale of business related merchandise from the trailer was discussed.  The Licensees have advised that other than the requested variation to conditions and extension of the trading period, their current business activities have not deviated from the operations approved under license 006/2014. 

 

Request for a 7.5 year Trading Licence

 

The Beach Hut is applying for a 7.5 year trading licence from 1 January 2019 to 30 June 2027. The licensee has advised that in order to continue operating and offering for hire the highest quality and durable equipment, significant investment of time and finances have been placed in the business. They have stated that a 7.5 year commitment would allow them to continue to maintain a professional, efficient business as new equipment is required in the near future and for the Beach Hut to invest financially in upgrading and maintaining its visual appeal on Cable Beach, the 7.5 year license term will be essential.

 

The Policy does not stipulate the length of a licence, except in relation to the commercial camel activities. Given the long standing nature of the business and the fact it is now an established part of Cable Beach, Shire officers recommend that Council grant the extended licence term, until 30 June 2027.

 

Request for the sale of merchandise to be included within the conditions of the trading license

 

The current license permits the hire of beach equipment as listed above, but does not allow for the sale of merchandise.

 

The licensee has requested that conditions of the trading license be varied to allow for the sale of merchandise that is directly related to the Beach Hut, as the Beach Hut equipment hire is a well known aspect of Cable Beach.

 

The sale of merchandise falls within the definition of trading under the Local Law. As the proposed additional activity is for the sale of merchandise directly related to the business and will have limited impact on current operations, Officers recommend that this additional activity be included as part of the trading licence.

 

Other proposed changes to conditions

 

It is proposed that the trading licence issued in response to the renewal application be updated to the current format for trading licences, and include certain standard conditions now included on all licences. This does not restrict or alter the approved trading activity or the way the Beach Hut has been operating.

 

During discussions between officers and the Robersons, the potential for other, complimentary trading activities to occur within the Beach Hut trading area was discussed. This is consistent with the Local Law and the Robersons understanding of how their trading licence operates, and the prospect of new and complimentary activities was welcomed by the Robersons. Consistent with the increased interest in trading on Cable Beach and the desirability to permit additional and varied activities on Cable Beach, it is therefore recommended a new condition be included on the trading licence that clarifies that the use of the trading area is non-exclusive.

 

Summary

 

The Beach Hut has continued to be an attraction and asset to Cable Beach, adding to the tourism offerings available. It is therefore recommended that the Beach Hut high-risk trading license be renewed for a period of 7.5 years, for the existing location and operations with variations outlined above, in accordance with the Policy and subject conditions.

 

CONSULTATION

 

Shire officers have consulted with the Angela and Daryl Roberson in relation to the renewal application.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

1.6 Definitions

 

trading includes:

 

(a) the selling or offering for sale of goods or services in a public place; or

(b) the hiring or offering for hire of goods; or  

(c) the soliciting of orders for goods or services in a public place; or

(d) the undertaking of training or instruction, including fitness classes, in a public place, where: 

(i) any person(s) receiving the training or instruction pay a fee to the person undertaking the training or instruction; and

(ii) the training or instruction operates primarily and regularly in public places; or 

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

(i) offering them for sale or hire;  

(ii) inviting offers for their sale or hire;

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

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

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

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

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

A. the delivery of pre ordered goods or services to the purchaser of those goods or services; or

B. the taking of further orders for goods or services from the purchaser of the pre ordered goods or services when those orders are taken at the same time as the previous order is being delivered;   but excludes the erection or placement of a sign advertising the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services on local government property or a thoroughfare approved in accordance with the Shire of Broome Local Government Property and Public Places Local Law 2012;

 

2.5 Licence renewal

 

2.5.1 Prior to the expiry of an outdoor dining licence, a market licence or a trading licence, the licensee may apply to the local government for the renewal of the licence.

 

2.5.2 Subject to subclause 2.5.3, the provisions of this local law which are relevant to the licence to be renewed apply to an application for the renewal of the licence.

 

2.5.3 Where the relevant details in relation to an activity have not changed since the licence was issued, the licensee is not required to resubmit details required at the time of the initial application with the application to renew the licence.

 

2.5.4 Where the local government approves an application under subclause 2.5.1 —

(a) the licensee must pay the licence fee for the renewed licence prior to the issue of that licence; and  

(b) the renewed licence will be in the form determined by the local government

 

POLICY IMPLICATIONS

 

The Shire’s Trading in Public Places Policy 3.3.6 (Policy) provides guidance for the issuing of trading licences, with specific provisions for trading activities on Cable Beach. The proposed changes to the trading licence are consistent with the Policy.

 

FINANCIAL IMPLICATIONS

 

Should Council approve the renewal of the trading licence a high-intensity annual trading licence fee of $1,540 will be payable.

 

The proposed trading activity is considered high-intensity on the basis that it is being undertaken on Cable Beach, an area to which significant Shire resources are dedicated.

 

RISK

 

Risks associated with the business are to be managed by the licensee. The Beach Hut has developed a Risk Assessment and Management Plan and an Emergency Response Plan to mitigate associated risks (see Attachment 1).

 

Considering these mitigation measures, the risk to the Shire in approving the activity is considered Low.

 

There is a risk if the Shire were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given the application complies with the Local Law and is consistent with the Policy, is considered Moderate.

 

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:

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.     Approves the renewal application for a Trading in Public Places Licence received from the Beach Hut WA Pty Ltd for the operation of the ‘Beach Hut’ - Beach Equipment Hire on Cable Beach:

a)      in accordance with the application received on 1 November 2018; and

b)      subject to modification by the conditions specified in point 2 below.

 

2.       Authorises the Chief Executive Officer to issue the Trading in a Public Place Licence to the Beach Hut WA Pty Ltd for Cable Beach in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and subject to the following conditions:

a)      The licence expiry date is 30 June 2027.

b)      The trading activity will be operated in the hours between 7:00am and 5:30pm.

c)      The trading activity; including placing of sign, is to occur only on Cable Beach within the area approved for the specific activity as depicted in Attachment A (Attachment 2 to this report).

d)      The only trading activities permitted on the area approved by this licence is:

i)       the offering of beach equipment hire, and is restricted to the hire of umbrellas, sun lounges, chairs, surfboards, stand up paddle boards, boogie boards, portable shades and children’s beach toys; Note: Children’s beach toys are limited to items designed and intended to be operated by a child and include: spades, buckets, balls and other equipment that is unpowered and of a type that could not reasonably be expected to interfere with the comfort or enjoyment of other beach users; and

ii)       the display and selling of merchandise related only to the approved business and restricted solely within the equipment trailer.

e)      All equipment must be located at least 5 metres from the base of the sand dunes or vegetation.

f)       All equipment must be removed at the close of operation each day.

g)      The trading activity must be carried out in accordance with the following documents submitted with the trading licence application on 1 November 2018:

i.        Beach Hut Risk Management Plan;

ii.       Beach Hut Safety Management Plan;

iii.      Safety Management Action Plan;

iv.      Beach Hut Business and Operation Plan; and

v.      Environmental Assessment Report.

h)      The licensee must, at the conclusion of each business day, remove any refuse and litter associated with the operation of the trading activity and ensure the site is left in a clean and safe condition.

i)        No sale of food or beverages is permitted.

j)        The licence holder must ensure that public liability insurance cover is in place for the trading activity to the value of $10,000,000 ($10 million) at all times.

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

l)        The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in the licence application and allow Shire officers, at any time, to inspect and verify the use and currency of those procedures, policies, licences and accreditation.

m)     A licensee must at all times comply with the requirements of any legislative requirement, including but not limited to the Local Laws, Environmental Protection (Noise) regulations 1997, Road Traffic Act 1974 and the Occupational Health and Safety Act 1984.

n)      The licensee may place one portable sign within the approved trading area. That sign must:

i.        not exceed 750mm in height;

ii.       not exceed 0.9 square metres double sided area (e.g. 750mm x 600mm each face);

iii.      not indicate or display any matter other than the nature of the trading activity;

iv.      be placed so as not to cause interference or be hazardous to vehicular traffic or cause any interference or hazard or impede pedestrians;

v.      be of sound construction, maintained in good condition, neatly written and fixed in position to the satisfaction of the Shire’s Building Surveyor;

vi.      be removed from the land in the event of a cyclone threat; and

vii.     be removed at the end of each trading session.

o)      The Shire of Broome reserves the right to vary licence conditions as required, or to revoke this licence at any stage in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

p)      The Shire of Broome reserves the right to close Cable Beach to all activities, including commercial activities at any time.

q)      A licensee must have current permission in writing under delegation from the Chief Executive Officer to dive a vehicle and/or trailer on Cable Beach.

r)       Use of the trading area allocated is non-exclusive.

 

Attachments

1.

Application to renew Trading Licence

2.

Trading Area

3.

Current Trading Licence

  


Item 9.1.1 - RENEWAL OF APPLICATION FOR LICENCE TO TRADE IN A PUBLIC PLACE - BEACH HUT

 

 

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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.


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

There are no reports in this section. 


 

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.


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

There are no reports in this section. 


 

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.


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.4.1      MONTHLY PAYMENT LISTING - OCTOBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Coordinator Financial Operations

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Manager Financial Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    10 October 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 October 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 October 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 October 2018 after $829,515.16 in personnel payments, $231,114.15 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

 

REPORT RECOMMENDATION:

That Council:

1.       Receives the list of payments made from the Municipal and Trust Accounts in October 2018 totalling $4,867,169.79 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a.      EFT Vouchers 47564 – 48055 totalling $4,700,328.18;

b.      Municipal Cheque Vouchers 57548 – 57549 totalling $754.63;

c.      Trust Cheque Vouchers 3452 – 3452 totalling $302.21; and

d.      Credit Card Payments & Municipal Direct Debits DD25356.1– DD25501.10 totalling $165,784.77.

 

2.       Notes the local spend of $2,075,247.75 included in the amount above, equating to 54.52% of total payments excluding personnel, utility and other external sole supplier costs.

 

Attachments

1.

Monthly Payment Listing October 2018

2.

Local Spend Payment Listing October 2018

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - OCTOBER 2018

 

 

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Item 9.4.1 - MONTHLY PAYMENT LISTING - OCTOBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT OCTOBER 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 October 2018

 

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 October 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                       33.7%

Total Rates Raised Revenue            100% (of which 71.37% has been collected)

Total Other Operating Revenue     29%

Total Operating Expenditure           30%

Total Capital Revenue                     16%   

Total Capital Expenditure                14%

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.

 

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 Finance and Costing Review (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

 

REPORT RECOMMENDATION:

That Council:  

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

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

 

Attachments

1.

Financial Activity Report October 2018

2.

Schedule 2

3.

Schedule 3 - 16

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT OCTOBER 2018

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT OCTOBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.4.3      COUNCIL MEETING DATES 2019

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           AME01

AUTHOR:                                                   Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 November 2018

 

SUMMARY:         This report requests Council consider the dates, times and locations of Ordinary Meetings of Council to be held in 2019 and recommends that Council adopts the proposed meeting dates and they be advertised as required under the Local Government Act 1995.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

In accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996, local governments are to, at least once a year, provide local public notice of the date, time and location that their Ordinary Meetings of Council (OMCs) are to be held within the next 12 months.

 

COMMENT

 

It is proposed that in 2019, OMCs are held in the Shire of Broome Council Chambers on the last Thursday of every month (except January, April, October, November and December) and commence at 5.00pm.

 

Since 2011, a total of 11 OMCs have been held during a calendar year with a recess in January. This recess period allows staff and Councillors sufficient time off over the Christmas and school holiday period, and relieves staff from the early January Agenda preparation cycle necessary to hold a January meeting.

 

The proposed April meeting date has been brought forward a week because the Easter long weekend is 19 April – 22 April, with Anzac Day falling on Thursday 25 April 2019. Traditionally this period sees high engagement levels with Council, particularly around the budget and rate setting process, however officers are comfortable that these processes will not be compromised.

 

It has been proposed that the October meeting date also be brought forward to provide for the meeting to be held prior to the Local Government Ordinary Elections to be held on Saturday 19 October 2019.

 

An early December meeting date is proposed to coincide with the expected timing of an Annual Electors Meeting in mid-December, as well as to ensure that the meeting occurs prior to the school holidays and Christmas-New Year period. The proposed November meeting date has also been brought forward a week to provide for a more even distribution of the Agenda preparation cycle and meeting dates towards the end of 2019. 

 

Proposed 2019 OMC dates are as follows:

 

January 2019 – Recess

28 February 2019

28 March 2019

18 April 2019

30 May 2019

27 June 2019

25 July 2019

29 August 2019

26 September 2019

17 October 2019

21 November 2019

12 December 2019

 

These proposed dates are included in the attached meeting schedule and calendar. The proposed dates take into consideration the following significant dates:

 

Public Holidays (excluding December and January)

Monday, 4 March

Friday, 19 April – Monday, 22 April

Thursday, 25 April

Monday, 3June

Monday, 30September

WALGA Local Government

Convention

Wednesday, 7 August – Friday, 9 August

Ladies Day

Tuesday, 13 August

Broome Cup

Saturday, 17 August

School Holidays

Friday, 14 December 2018 – Sunday 3 February

Saturday, 13 April – Sunday, 28 April

Saturday, 6 July – Sunday 21 July

Saturday, 28 September – Sunday, 13 October

Friday, 20 December – Sunday, 3 February 2020

 

 

Community Meetings

 

Prior to 2017, one OMC was held each year at a major community within the Shire of Broome.  However, Council resolved at the November 2016 OMC that no annual OMC would be held at a community in 2017 due to poor attendance and the high cost of Community meetings.  Instead it was proposed that the Shire President, Councillors and Shire officers would visit a major community annually, after necessary appointments and items for discussion have been arranged.

 

During the annual visit to communities in October 2018, Councillors agreed to attend community council meetings once per year to facilitate substantive discussion on matters relevant to each community and organisation.

 

It is proposed that the Shire President, Councillors and Senior Staff visit all major communities in the Shire again in 2019.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.3.       Ordinary and special council meetings

(1)         A council is to hold ordinary meetings and may hold special meetings.

(2)         Ordinary meetings are to be held not more than 3 months apart.

(3)         If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.

 

5.25.     Regulations about council and committee meetings and committees

(1)         Without limiting the generality of section 9.59, regulations may make provision in relation to:

(g)        the giving of public notice of the date and agenda for council or committee meetings;

 

Local Government (Administration) Regulations 1996

 

12.        Meetings, public notice of (Act s.5.25(1)(g))

(1)         At least once each year a local government is to give local public notice of the dates on which and the time and place at which —

(a)        the ordinary council meetings; and

(b)        the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,

are to be held in the next 12 months.

 

(2)         A local government is to give local public notice of any change to the date, time or place of a meeting referred to in sub-regulation (1).

 

(3)         Subject to sub-regulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.

 

(4)         If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in subregulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

In accordance with regulation 12(1) of the Local Government (Administration) Regulations 1996, an advertisement of OMC dates for 2019 will be placed in the Broome Advertiser. The estimated cost for advertising the OMC dates is $500 and this has been included in the 2018/19 budget under account number 142100.

 

RISK

 

The Local Government (Administration) Regulations 1996 require a local government to at least once a year provide local public notice of the dates, time and place at which the ordinary council meetings are to be held in the next 12 months.

 

The adoption and advertising of the 2019 OMC’s will ensure compliance with the Regulations.  

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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.       Adopts the following dates for Ordinary Meetings of Council in 2019, to be held at the Shire of Broome Council Chambers commencing at 5.00pm:

(a)     January 2019 - Recess

(b)     28 February 2019

(c)     28 March 2019

(d)     18 April 2019

(e)     30 May 2019

(f)      27 June 2019

(g)     25 July 2019

(h)     29 August 2019

(i)      26 September 2019

(j)      17 October 2019

(k)     21 November 2019

(l)      12 December 2019

2.       Notes that in accordance with Regulation 12 of the Local Government (Administration) Regulations 1996, the Chief Executive Officer will provide local public notice of the 2019 Ordinary Council Meeting dates.

 

Attachments

1.

Proposed 2019 Council Meeting Dates

  


Item 9.4.3 - COUNCIL MEETING DATES 2019

 

 


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.4.4      SMALL BUSINESS FRIENDLY LOCAL GOVERNMENTS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           OGS62

AUTHOR:                                                   Community and Development Officer - Projects

CONTRIBUTOR/S:                                    Manager Community and Economic Development

RESPONSIBLE OFFICER:                           Director Development & Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    2 November 2018

 

SUMMARY: Small Business Friendly Local Governments is an initiative of the Government of Western Australia’s Small Business Development Corporation. It aims to build stronger, more productive relationships between small business and local government. Following engagement with the small business sector and community to guide the development of tasks, this report seeks Council endorsement to formalise the Shire’s involvement in the initiative.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 22 March 2018                         Item 9.3.1

Summary

 

The Small Business Friendly Local Governments (SBFLG) initiative was developed to recognise local government authorities in Western Australia that are committed to actively supporting small businesses in their local area. It is administered by the Small Business Development Corporation.

 

Local governments are encouraged to sign the SBFLG Charter (Attachment 1) to show they have committed to work with, and support, small business by:

 

·      offering enhanced customer service;

·      reducing red tape;

·      making on-time payments;

·      having a process in place to handle disputes; and

·      introducing other activities to improve the operating environment for small businesses in their area.

 

Participating local governments are required to provide 6 and 12 monthly updates as to how they are meeting the commitments of the Charter.

 

Participating Local Governments

 

All local governments in Western Australia are invited to participate. Should the Shire of Broome become accredited, it would be the first local government from the Kimberley to be part of the initiative. There are currently 20 local governments participating.

 

 

Shire of Broome responsibilities

 

Taking part in the initiative means the Shire would be committed through the Charter to work with and support small businesses by adopting 3 ‘standard’ activities and at least 3 ‘flexible’ activities (ones that suit organisations and the community). These activities would be developed and recommended to Council based upon stakeholder feedback.

 

In response to some of the most common issues small business owners face in dealing with their local government, the standard (compulsory) activities include:

 

·    On-time payment policyadopting a policy to pay invoices from small business suppliers within 30 days;

·    Small business engagementregularly meeting with and consulting members of the local small business community to improve our understanding of their needs; and

·    Dispute handlingintroducing and promoting a timely and cost-effective process to manage any disputes arising.

 

These standard activities are currently undertaken by the Shire, as follows:

 

·    The Shire has payment terms that state that invoices will be paid within 30 days and will investigate formalising this in a policy for adoption by Council.

·    The Shire regularly meets with the Broome Chamber of Commerce and Industry (BCCI), coordinates the Economic Development Advisory Committee and attends a range of business networking events and workshops. Officers and Councillors regularly engage on an informal basis with small businesses and are exploring options to increase the engagement with this sector.

·    The Shire has Policy 2.1.6 Complaint Resolution to manage disputes which may arise, in addition to the Shire’s Customer Service Charter.

 

The additional or flexible activities can be developed to meet the local context and will be informed by community engagement by the Shire.

 

Reporting involves the completion of a simple report card twice a year. The Shire would be responsible for providing data on the progress on the 3 standard and 3 flexible activities.

 

Council Endorsement

 

At the OMC on 22 March 2018, Council supported officers undertaking a community engagement process to inform the Shire’s commitment as per the resolution below:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That Council requests that the Chief Executive Officer further investigate the Shire of Broome progressing towards Small Business Friendly Local Government accreditation by:

1.       Commencing a community engagement process with the small business sector and other relevant stakeholders;

2.       Developing three flexible activities as required by the Small Business Friendly Local Government initiative; and

3.       Presenting a further report back to Council for consideration on formal participation in the Small Business Friendly initiative.

                                                                                               CARRIED UNANIMOUSLY 6/0

 

COMMENT

 

Officers undertook a 3 stage process in order to develop the proposed standard and flexible activities.

 

STAGE 1: Community engagement

 

Following initial engagement and planning in partnership with the BCCI, Shire officers undertook the following engagement initiatives:

 

a)  Survey

 

A short survey was developed by the Shire and released from 15 to 29 August 2018. This was distributed through the BCCI, and advertised on the Shire website, Facebook page and in the Broome Advertiser, ensuring it was available to a large section of the business community.

 

A total of 40 businesses responded. The raw data from the survey is attached to this report as Attachments 2 and 3. To provide additional information for consideration as part of this process, the BCCI allowed the Shire access to data from a previous business survey (Attachment 5).

 

The survey responses were analysed and the following key themes emerged:

 

·    Improved communication

·    Support of economic development, including tourism

·    Advocacy for cheaper airfares

·    Improvement of Chinatown

·    Review of type and implementation of regulations

·    Focus on procurement and support of local business

·    Review of Shire service provision

·    Other specific requests

 

Attachment 4 shows the survey responses grouped by these key themes.

 

b)  Focus Group

 

Respondents to the survey had the opportunity to nominate and take part in a workshop to provide detailed feedback on emerging themes. This was held on 5 September 2018 at the Broome Civic Centre and was attended by representatives from:

 

·    Broome Beach Resort (2 representatives)

·    Footprint Cleaning

·    Cable Beachside Villas

·    Habitat Resort

·    Art House

·    Kimberley Small Business Support Services

·    Printing Ideas

 

Shire officers also considered the results from the previous survey conducted and provided by the BCCI. The themes identified in this body of work largely aligned with the Shire’s results. The focus group was provided with both sets of information.

 

Prior to the focus group meeting, officers requested an update from various Shire departments to gain an understanding of services and initiatives currently underway which address some of the issues raised through the survey. This was used to inform and update the focus group members. A summary of key initiatives currently underway that relate to the themes and survey responses are outlined in the table below.

 

Theme

Current Shire Initiatives

Improved communication

The Shire’s website is currently undergoing redevelopment, and the Shire continues to liaise with the BCCI on a regular basis. The Shire releases regular communications through print, social and online media.

 

Support and facilitation of economic development, including tourism

 

The Shire provides annual funding for destination marketing to Australia’s North West and visitor servicing to the Broome Visitors Centre through the Tourism Administration Policy.

 

A further $250,000 was provided in 2018 through the launch of the Events, Economic and Tourism Development Fund.

 

The Broome Growth Plan has been developed in consultation with the Broome community, Yawuru, Kimberley Development Commission, Landcorp and Department of Planning, Land and Heritage. The Plan clearly identifies the traded economy as a priority area for development in the Broome region – which includes all aspects of business and is not limited to any one industry sector or size of business.

 

Advocacy for cheaper airfares

 

The Shire of Broome participated in State and Commonwealth government enquiries into airfares during 2017 and advocated on impacts on the Broome community and businesses.

 

The Shire also underwrote the Singapore flight trial, with positive results and outlook for regular flights in the future.

 

Improvement of Chinatown

 

The Shire is currently a project partner in the Chinatown Revitalisation Project – with a focus on streetscapes, amenity improvements and activation. Public art and place making plans are currently in place to guide current and future improvements.

 

Review of type and implementation of regulations

 

The Shire has recently completed a review of the Events Policy, with further streamlining currently taking place regarding the requirements for event delivery within Broome.

 

Other compliance issues raised within this theme are currently being monitored by Rangers.

 

Policy reviews are undertaken across the Shire every 2 years, and other instruments such as the Local Planning Scheme are regularly reviewed with a recent omnibus amendment being gazetted to streamline processes.

 

Focus on procurement and support of local business

 

The Shire is committed to maximising contract opportunities with local business where possible, with a significant portion of the annual budget spent locally. The use of local business and services is balanced with an obligation to maximise the benefits for the rate payer through achieving value for money, and also ensuring that successful contractors have the capacity and capabilities to deliver the work or products required.

 

The Shire may require bidders for major projects to demonstrate the use of local content.

 

All of the Shire’s procurement activities are required to align with State legislation, including going to tender and publicly advertising different processes. The Shire’s own policies articulate different quoting requirements for various purchasing levels.

 

Review of Shire service provision

 

The Shire continually reviews service provision throughout the various departments, including independent reviews of focus areas to contribute to streamlining and identification of efficiencies.

 

The Shire’s annual budget process allows a detailed review of expenditure and alignment with the strategic plans.

 

 

There is a strong focus on external customer service across the organisation.

 

Recruitment for a Business Improvement Coordinator is currently underway.

 

Specific other requests:

 

Disability and Access Inclusion Plan (DAIP)

 

Event recycling

 

A Disability Access and Inclusion Plan is in place for the Shire as per legislative requirements.

 

Recycling initiatives are a key focus at present, with the Shire having established a specific focus group with interested  community organisations. 

 

The 2018 Community Christmas Tree is currently being created by local schools from recycled material.

 

 

c)  Focus Group Recommendations

 

The focus group discussed the key themes and identified a number of priority areas to be recommended to Council. These recommendations are listed below in order of priority as put forward by the group:

 

1.   Appoint a specific point of contact, i.e. Business Officer to connect directly with the business community and ensure greater advocacy and allow ease of navigation of Shire processes and compliance.

2.   Ensure relevant business regulations and policies are uniformly applied.

3.   Revisit the model of the Tourism Differential Levy on rates to ensure all tourism beneficiaries are contributing.

4.   Develop a broad and local media campaign to address investing, living and working in Broome in addition to the marketing already underway for tourism.

5.   Hold a regular forum involving all businesses to increase awareness of business and services within the Shire.

 

 

STAGE 2: Officer Review

 

Following the workshop with the focus group, officers reviewed each of the recommended actions. This review considered the initiatives already being delivered by the Shire, with the view of providing a final recommendation to Council to consider adopting 3 flexible actions within the SBFLG.

 

Recommendations from Focus Group

Officer Comments

Options to Action

Appoint a specific, one point of contact, Business Officer to connect directly with the business community, ensuring greater advocacy and allow ease of navigation of Shire processes and compliance.

There is currently not a single, dedicated position or allocated budget within the Shire for this purpose. Given the requirements of such a role, to be able to provide this level of service could require an additional FTE or equivalent budget.

 

Do not include as a Flexible Activity. Prepare a Project Brief as part of the 2019/20 budgeting process for Council consideration.

Ensure relevant business regulations and policies are uniformly applied. 

The Shire has reporting processes in place through the approval and assessment process to demonstrate how regulations and policies are applied to ensure consistency in application.

 

It is noted that the feedback received generally relates to activities that may be undertaken in residential properties without the appropriate approvals, such as using residential properties for short-stay accommodation and some home businesses.

 

The Shire does take compliance action when complaints are received regarding owners operating holiday homes or bed and breakfasts that do not have approval of the Shire.  For the Shire to be in a position to follow-up on complaints, the property address needs to be provided, which unfortunately is sometimes not available on the internet sites.

 

Furthermore, the Shire does not have the human resources to scan all internet advertising mediums.

 

Therefore, any increases or alternative ways to address this requirement requires further investigation.

 

To provide an increased level of compliance activity would be likely to require an additional FTE or equivalent budget.

Include as a Flexible Activity to investigate an appropriate response within available resources, or alternatives should additional funding or resourcing be required and made available.

Revisit model of Tourism Levy on rates to ensure all tourism beneficiaries are contributing.

 

The Tourism Levy on rates has been reviewed from time to time between 1999 and 2017.  A full review of the model was last undertaken in 2011.

Include as a Flexible Activity and undertake a desktop review of the rating model for the application of the Tourism Levy to ensure it is equitable.

Develop a broad and local media campaign to address aspects other than tourism – investing, living and working in Broome.

Various resources currently exist in this area housed on the Shire of Broome web page.

The website is currently undergoing a rebuild and there is a possibility while this occurs to consolidate information relevant to small business. 

The BCCI has indicated that it will be pursuing this initiative -  do not include as a flexible activity.

Hold a regular forum involving all businesses to increase awareness of business and services within the Shire.

The Shire’s 2018/19 budget includes provision to host 2 business breakfast events.

Include as a Flexible Activity and tailor a business breakfast event to focus on providing information for small business about working with the Shire.

 

STAGE 3: Targeted Key Stakeholder Consultation

 

A final workshop was held with the BCCI, Broome Visitor Centre (BVC) and Cr Harold Tracey on 24 October 2018. The workshop sought to:

 

·    Test the findings of the community engagement process; and

·    Workshop officer findings and recommendations prior to presentation to Council.

 

The workshop attendees were in unanimous support of the officers’ recommendations included in the table above. The attendees expressed their support for the appointment of a dedicated resource for the purpose of business and economic development. Officers raised that this would need to be considered by Council as part of a future annual budget process.

 

Based on the completion of the 3 stages, officers were comfortable in making the recommendations contained in this report for consideration by Council.

 

CONSULTATION

 

Broome Chamber of Commerce and Industry

Small Business Development Corporation

Broome Small Business Sector (through open invite and focus group)

Broome Visitor Centre

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

3.4.6 Community Engagement

 

FINANCIAL IMPLICATIONS

 

Proposed actions which cannot be delivered within current resourcing or including allocated budgets will not be included as Flexible Actions, and instead progressed through the development of Project Briefs for consideration as part of the Shire’s 2019/20 Budget process.

 

RISK

 

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

 

Risk

Type

Rank

Mitigation

Shire does not commit to the initiative.

Reputational

High

Council endorses officer recommendations, taking into account the input gathered during the engagement process thus far.

Activities suggested in engagement not delivered.

Financial

Reputational

High

Shire commits to initiatives that are achievable within available resource allocations.

Perception of the Shire not addressing or responding to feedback.

Reputational

Low

Engage with the business community regarding actions and provide clear communication regarding resource capabilities to respond.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

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

 

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

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council: 

 

1.       Requests that the Chief Executive Officer execute the agreement for the Shire of Broome to participate in the Small Business Friendly Local Governments initiative, with the inclusion of the following flexible activities:

a)   Ensure relevant business regulations and policies are uniformly applied.

b)   Review the tourism differential rating model to ensure it is equitable.

c)   Hold a regular forum involving all businesses to increase awareness of business and services within the Shire.

 

2.       Notes that officers will investigate options for a dedicated point of contact within the Shire to engage with the business sector and facilitate economic development initiatives, for consideration by Council as part of the 2019/20 budget process.

 

Attachments

1.

Small Business Friendly Charter Local Governments Charter

2.

Shire Survey Responses - Questions 1 - 8, 10

3.

Shire Survey Responses - Question 9

4.

Shire Survey - Groupings by Key Themes

5.

BCCI Survey Shared Data (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”.

  


Item 9.4.4 - SMALL BUSINESS FRIENDLY LOCAL GOVERNMENTS

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

9.4.5      CAPE LEVEQUE ROAD PARTIAL ROAD CLOSURE FOR 2018/2019 WET SEASON

LOCATION/ADDRESS:                             Broome Cape Leveque Road

APPLICANT:                                              Nil

FILE:                                                           ENR01/BRO-3

AUTHOR:                                                   Executive Support Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    3 November 2018

 

SUMMARY:         This report is to inform Council of the partial road closure of the Broome - Cape Leveque Road to vehicles with a gross vehicle mass of 11 tonnes or more for the 2018/19 Wet Season. This partial road closure was publicly advertised on 11 October 2018 for 30 days in accordance with Section 3.50(4) of the Local Government Act 1995.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Standing general road restrictions

 

The Broome – Cape Leveque Road is a Network 2 Restricted Access Vehicle (RAV) permit route. This allows for B-double vehicle use, but vehicles of greater configuration than RAV 2 are permitted to travel on the road only under a written permit.

 

This restriction applies all year round and was instigated due to concerns relating to the width and condition of the unsealed pindan section, the cross fall of the road surface, the amount of dust generated and the length of vehicles.

 

Normal wet season restrictions

 

The Broome – Cape Leveque Road can become un-trafficable on the unsealed section following wet weather. Council has previously resolved to minimise the damage from traffic during the wet season by limiting the weight of vehicles through the imposition of a partial road closure.

 

At times, it is also necessary to fully close the road to protect its serviceability.  From previous experience, these measures have proven to be the best way to both maintain essential general community access and to prolong essential heavy vehicular access to the communities during the wet season.

 

In accordance with Section 3.50(4) of the Local Government Act, a partial road closure is required to be advertised inviting submissions for consideration. Pursuant to Section 3.50 (5) of the Local Government Act 1995 the Chief Executive officer is to write to the Commissioner of Main Roads Western Australia advising of the decision to implement the road closure, including a copy of the public notice.

 

Essential services will still be able to deliver fuel and food supplies throughout the wet season under permit if in excess of 11 Tonne Gross Vehicle Mass (GVM).  In accordance with past practice, there are normally four (4) operators who have the current community contracts and would normally be granted these permits.  These are Dean Wilson Transport, Fueltrans on behalf of BP, Toll Express and Caltex Energy. 

 

The road is generally closed to other heavy vehicles, but it has been found on occasions that other companies will have essential business involving heavy transport and they have been permitted on the road under special conditions. This approval is determined by the Chief Executive Officer. It is recognised that activity on the peninsula is gradually increasing and that demand for travel during the wet season is also increasing.

 

During the wet season, the Shire’s Infrastructure staff monitor rainfall via the Bureau of Meteorology website and when warranted, inspections of the road are carried out.  By this means, an assessment of the actual condition and driveability of the unsealed section of the road can be determined, advice provided to travellers and control exercised over heavy vehicle usage.

 

During very wet periods, the Broome - Cape Leveque Road and other unsealed roads within the Shire may be subject to full closure at short notice.

 

COMMENT

 

The partial road closure of the Broome – Cape Leveque Road for the period from 1 December 2018 to 31 March 2019 has been publicly advertised for a period of 30 days. The proposed partial road closure was advertised in accordance with Section 3.50(4) of the Local Government Act 1995. No submissions were received.

 

The partial closure of the Broome - Cape Leveque Road to vehicles of 11 tonnes or more has proven successful in past wet seasons and Officers recommend that a partial road closure be implemented for the upcoming 2018/19 wet season.

CONSULTATION

 

An advertisement was placed in the Broome Advertiser on 11 October 2018 for a period of 30 days inviting submissions from the public. No submissions were received during the advertising period.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

1.7.    Local public notice

      (1)     Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be — 

                 (a)     published in a newspaper circulating generally throughout the district; and

                 (b)     exhibited to the public on a notice board at the local government’s offices; and

                 (c)     exhibited to the public on a notice board at every local government library in the district.

      (2)     Unless expressly stated otherwise it is sufficient if the notice is — 

                 (a)     published under subsection (1)(a) on at least one occasion; and

                 (b)     exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than — 

                               (i)     the time prescribed for the purposes of this paragraph; or

                              (ii)     if no time is prescribed, 7 days.

               [Section 1.7 amended by No. 64 of 1998 s. 18(3).]

 

Local Government Act, 1995 Section 3.50

 

3.50.  Closing certain thoroughfares to vehicles

(1)         A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

(1a)      A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

(2)         The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(3)         repealed]

(4)         Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to — 

(a)        give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission;

(b)        give written notice to each person who — 

(i)          is prescribed for the purposes of this section; or

(ii)         owns land that is prescribed for the purposes of this section; and

(c)        allow a reasonable time for submissions to be made and consider any submissions made.

(5)         The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

(6)         An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

[(7)       repealed]

(8)         If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.

(9)         The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.

[Section 3.50 amended by No. 1 of 1998 s. 11; No. 64 of 1998 s. 15;

No. 49 of 2004 s. 26.]

 

3.50A.        Partial closure of thoroughfare for repairs or maintenance

Despite section 3.50, a local government may partially and temporarily close a thoroughfare, without giving local public notice, if the closure —

(a)        is for the purpose of carrying out repairs or maintenance; and

(b)        is unlikely to have a significant adverse effect on users of the thoroughfare.

[Section 3.50A inserted by No. 64 of 1998 s. 16.]

 

Section 92 Road Traffic Act, 1974

 

92.     Roads may be closed

(1)          The Minister may, if he considers any road unsafe for public traffic, cause the same to be closed for such period as he considers necessary.

(2)          A local government for a period of one month may exercise a similar power with regard to any road under its control, but the exercise of such power shall not extend beyond such period, except with the approval in writing of the Minister.

(3)          No person shall drive, take, or use any vehicle on to or on any road while such road is closed under this section.

[Section 92 amended by No. 14 of 1996 s. 4.]

 

POLICY IMPLICATIONS

 

4.2.6 Closure of Unsealed Roads Due to Wet Weather

 

FINANCIAL IMPLICATIONS

 

The proposed partial closure of the Broome – Cape Leveque Road will ensure the prevention of unreasonable damage to the road due to excessive vehicle movements over 11 Tonne reducing the requirement for maintenance work during and post wet season.

 

RISK

 

If the partial road closure does not occur, excessive heavy vehicle movements on the Broome – Cape Leveque Road may damage and create hazards for other road users and may result in increased maintenance costs during and post wet season.

 

STRATEGIC IMPLICATIONS   

 

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

 

Effective communication.

 

Affordable services and initiatives to satisfy community need.

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure.

 

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

 

Responsible resource allocation.

 

Effective community engagement.

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

 

1.       Endorses the partial closure of the Broome - Cape Leveque Road to the passage of vehicles:

a)      of all classes of gross vehicle mass (GVM) 11 tonnes or more;

b)      for the period from 1 December 2018 to 31 March 2019; and

c)      from the end of the sealed section south of the Manari Road turn-off to the start of northern sealed section south of Beagle Bay.

 

2.       Pursuant to Section 3.50(5) of the Local Government Act 1995, requests the Chief Executive Officer to write to the Commissioner of Main Roads Western Australia advising of this decision including a copy of the public notice.

 

Attachments

There are no attachments for this report.   


10.

 

Reports

Of

Committees


Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

10.1       BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EMM06

AUTHOR:                                                   Executive Support Officer - Development & Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development & Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 November 2018

 

SUMMARY:         This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee meeting held on 12 September 2018 for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The Bush Fire Advisory Committee (BFAC) meets quarterly to provide advice to the Shire of Broome on:

 

1.    All matters relating to the prevention, controlling and extinguishing of bushfires.

2.    The planning and layout of fire breaks in the district.

3.    Prosecutions for breaches of the Bush Fires Act 1956.

4.    The formation of Bush Fire Brigades.

5.    Coordination and cooperation between agencies within the district.

 

COMMENT

 

The minutes of the BFAC meeting held on 12 September 2018 are included as Attachments 1 to 4 of this report. 

 

At the meeting, the BFAC discussed the following items:

 

Item 4.2     Bush Fire Advisory Committee Contact List

 

Members were reminded to send any changes/additions to the LEMC Secretariat for the 2018 BFAC Contact List (see confidential Attachment 2).

 

Item 4.3     Status Report

 

The 2018 Status Report was discussed (see Attachment 3).

 

Updates from BFAC members

 

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

 

Summary

 

There were no items arising at the meeting for Council to consider. Therefore, it is recommended that Council receive the minutes of the BFAC meeting held on 12 September 2018.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Bush Fires Act 1956

 

Section 67. – Advisory committees

 

1.       A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

 

2.       A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

 

3.       In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

(a)     make rules for the guidance of the committee;

(b)     accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

(c)     where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

 

4.       A committee appointed under this section:-

(a)     may from time to time meet and adjourn as the committee thinks fit;

(b)     shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

(c)     is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council receives the minutes of the Bush Fire Advisory Committee meeting held on 12 September 2018.

 

Attachments

1.

Unconfirmed Minutes of the Bush Fire Advisory Committee - 12 September 2018

2.

BFAC Contact List (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)(b) as it contains “the personal affairs of any person”.

3.

BFAC Status Report

  


Item 10.1 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

 

 

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Item 10.1 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

10.2       LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EMS02

AUTHOR:                                                   Executive Support Officer - Development & Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development & Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 November 2018

 

SUMMARY:         This report presents the minutes and associated recommendations of the Local Emergency Management Committee meeting held on 12 September 2018 for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act).  In accordance with section 39 of the Act, the functions of the LEMC are:

 

(a)  to advise and assist the local government in assuring that local emergency management arrangements are established for its district;

(b)  to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c)  to carry out other emergency management activities as directed by the State Emergency Management Committee, or prescribed by the Emergency Management Regulations 2006.

 

COMMENT

 

LEMC meeting on 12 September 2018

 

The minutes of the LEMC meeting held on 12 September 2018 are included as Attachments 1 to 5 of this report. 

 

At the meeting, the LEMC discussed the following:

 

Item 5.1     Expression of Interest to join LEMC – Care Flight

 

An expression of interest had been received from Care Flight to join the LEMC. At the meeting, the role of Care Flight was discussed, and the Committee agreed that their participation in the group was not required, and if necessary they could be invited to attend specific meetings.

 

Item 5.2     Local Emergency Management Committee (LEMC) Document Updates

 

Members were reminded to send any changes/additions to the LEMC Secretariat for the following documents:

 

·    Contact List (see confidential Attachment 2)

·    Resource Register (see confidential Attachment 3)

·    Incident Report (none to report)

·    Training Schedule (see confidential Attachment 4)

 

Item 5.3     Status Report

 

The 2018 Status Report was discussed (see Attachment 5)

 

Item 5.4     Update from LEMC Members

 

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

 

Summary

 

There were no items arising at the meeting for Council to consider. Therefore, it is recommended that Council receive the minutes of the LEMC meeting held on 12 September 2018.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Emergency Management Act 2005

 

Section 36. Functions of local government

 

It is a function of a local government —

 

(a)    subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b)    to manage recovery following an emergency affecting the community in its district; and

(c)     to perform other functions given to the local government under this Act.

 

38 Local emergency management committees

 

(1)   A local government is to establish one or more local emergency management committees for the local government’s district.

(2)   If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3)   A local emergency management committee consists of —

(a)  a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b)  if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4)   Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

 

39 Functions of local emergency management committees

 

The functions of a local emergency management committee are, in relation to its district or the area for which it is established —

(a)  to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

(b)  to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c)  to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

 

Section 41 Emergency management arrangements in local government district

 

(1)     A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2)     The local emergency management arrangements are to set out —

(a) the local government’s policies for emergency management;

(b)  the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c)  provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d) a description of emergencies that are likely to occur in the local government district;

(e)  strategies and priorities for emergency management in the local government district;

(f)   other matters about emergency management in the local government district prescribed by the regulations; and

(g)  other matters about emergency management in the local government district the local government considers appropriate.

(3)     Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4)     Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5)     A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

 

Section 42 Reviewing and renewing local emergency management arrangements

 

(1)     local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2)     Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

 

Section 43 Local emergency management arrangements to be available for inspection

 

(1)     A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2)     The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3)     The arrangements may be made available in written or electronic form.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council receives the minutes of the Local Emergency Management Committee held on 12 September 2018.

Attachments

1.

Unconfirmed Minutes of the Local Emergency Management Committee - 12 September 2018

2.

LEMC Contact List 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)(b) as it contains “the personal affairs of any person”.

3.

LEMC Resource Register 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”.

4.

LEMC Training Schedule 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”.

5.

LEMC Status Report 2018

  


Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

 

 

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Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 12 SEPTEMBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

10.3       AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 NOVEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Manager Financial Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 November 2018

 

SUMMARY:         This report presents to Council the outcomes of the Audit and Risk Committee’s meeting held 13 November 2018 and seeks adoption of the recommendations pertaining to the Audit Regulation 17 Risk Profile Register (Risk Register) and the Quarter 1 Finance and Costing Review (FACR).

 

 

BACKGROUND

 

Previous Considerations

 

Audit Regulation 17 Risk Profile Register

SMC           27 June 2014                    Item 9.4.6

OMC          28 August 2014                Item 10.2

OMC          27 November 2014         Item 10.3

OMC          2 June 2015                      Item 10.1

OMC         26 May 2016                     Item 10.3

OMC         23 February 2017             Item 10.3

OMC          25 May 2017                     Item 10.1

OMC         31 May 2018                     Item 10.1

OMC         22 February 2018             Item 10.4

 

2018/2019 Quarter 1 Finance and Costing Review

OMC 28 June 2018                            Item 12.2

 

Audit Regulation 17 Risk Profile Register

 

The Local Government Audit Regulations 1996 (the Regulations) include reviewing the appropriateness and effectiveness of a local government's risk management systems and procedures. Specifically, Audit Regulation 17 (Audit Reg. 17) requires the CEO to conduct a review and report the results to the Audit and Risk Committee (ARC) on the effectiveness of risk management, internal control and legislative compliance.

The Audit Reg. 17 Risk Profile Register (Risk Register), which was adopted by Council at the Ordinary Meeting held 31 May 2018 and replaced the previous Audit Reg. 17 Improvement Plan. The Risk Register contains a list of items identified by auditors and management as requiring action to improve the appropriateness and effectiveness of the Shire of Broome’s systems and processes in regard to risk management, internal control and legislative compliance. 

 

The ARC is required to review the updated Risk Register attached to the minutes of the ARC meeting prepared by the Risk TAG, then report to Council on the result of the ARC’s review.

 

2018/2019 Quarter 1 Finance and Costing Review

 

The Shire of Broome (the Shire) has carried out its 1st Quarter Finance and Costing Review (FACR) for the 2018/19 Financial Year. This review of the 2018/19 Annual Budget is based on actuals and commitments for the first three months of the year from 1 July 2018 to 30 September 2018, and forecasts for the remainder of the financial year.

 

This process aims to highlight over and under expenditure of funds for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programs.

 

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire’s adopted end-of-year forecast, in order to assist Council to make an informed decision.

 

It should be noted that the 2018/19 Annual Budget was adopted at the Ordinary Meeting of Council on 28 June 2018 as a balanced budget. There have been further amendments adopted by Council as part of the Annual Financial Statements for the use of additional carried forward surplus. The result of all amendments prior to the first quarter FACR is a $100,000 deficit upon the Shire’s forecast end of year position.

 

COMMENT

 

Audit Regulation 17 Risk Profile Register

 

The Regulations include reviewing the appropriateness and effectiveness of a local government's risk management systems and procedures. Specifically, Audit Reg. 17 requires the Chief Executive Officer (CEO) to conduct a review and report the results to the ARC on the effectiveness of risk management, internal control and legislative compliance. The Department of Local Government and Communities Audit in Local Government Guideline No. 9 advises that the review can be undertaken either on an internal or external audit basis.

Initially the Shire appointed an external auditor to conduct a third-party review of organisational practices in accordance with updated legislation contained within Audit Reg. 17. The Audit Reg. 17 Review Audit produced a comprehensive Improvement Plan separated into the three main compliance areas; Risk Management (RM), Legislative Compliance (LC) and Internal Controls (IC). 

Remaining actions contained within the Improvement Plan have since been incorporated into the Shire’s Risk Register to facilitate a centralised reporting mechanism for staff, the ARC and Council.

The Risk Profile Register is separated into the following areas for the purpose of identifying, monitoring and reporting on progress of actions to address organisational risks including internal controls and legislative compliance.

 

Profile / Section

Risk Context

Asset Sustainability Practices

Failure or reduction in service of infrastructure assets, plant, equipment or machinery

Business and Community Disruption

Failure to adequately prepare and respond to events that cause disruption to the local community and/or normal business activities. This could be a natural disaster, weather event, or an act carried out by an external party

Compliance Requirements

Failure to correctly identify, interpret, assess, respond and communicate laws and regulations as a result of inadequate compliance framework

Document Management Processes

Failure to adequately capture, store, archive, retrieve, provide or dispose of documentation

Employment Practices

Failure to effectively manage and lead human resources

Engagement Practices

Failure to maintain effective working relationships with the Community, Stakeholders, Key Private Sector Companies, Government Agencies and/or Elected Members

Environment Management

Inadequate prevention, identification, enforcement and management of environmental issues

Errors, Omissions and Delays

Error, omissions or delays in operational activities as a result of unintentional errors or failure to follow due process including incomplete, inadequate or inaccuracies in advisory activities to customers or internal staff

External Theft and Fraud (inc Cyber Crime)

Loss of funds, assets, data or unauthorised access (whether attempted or successful) by external parties, through any means (including electronic)

Management of Facilities/Venues/Events

Failure to effectively manage the day to day operations of facilities, venues and/or events.

IT or Communication Systems and Infrastructure

Disruption, financial loss or damage to reputation from a failure of information technology systems

Misconduct

Intentional activities intended to circumvent the Code of Conduct or activities in excess of authority, which circumvent endorsed policies, procedures or delegated authority

Project/Change Management

Inadequate analysis, design, delivery and/or status reporting of change initiatives, resulting in additional expenses, time delays or scope changes

Safety and Security Practices

Non-compliance with the Occupational Safety and Health Act associated regulations and standards.

Supplier/Contract Management

Inadequate management of external suppliers, contractors, IT vendors or consultants engaged for core operations.

The Shire’s Risk TAG effect the framework components identified in the Risk Register. The TAG enables the Shire to fulfil its responsibilities in relation to identifying and reporting on risk management, internal control, and legislative compliance. The action items contained within the Risk Register are allocated to members within the TAG and prioritised in accordance with organisational need and capacity. The TAG meets monthly to review and update specific actions contained in the Risk register and report to the Executive Management Group (EMG), the ARC and Council.

 

The biannual report is to identify actioned items as detailed in the Risk Register. All actions are reported to the ARC in May and November each year, after endorsement by EMG.

 

The following risk outcomes have been completed in the period May 2018 – October 2018.

 

Risk Action

Status

Set aside funds annually for future road maintenance requirements (as per Asset

Management Plan) [Annual]

Complete for 19/20 LTFP - AMP Renewal process incorporated into LTFP and Annual

Budget cycle

LTFP upgraded to reflect Asset Management Plan [Annual]

Complete for 19/20 LTFP - occurs as part of the CBP / LTFP review and annual

budget process.

Identify areas for Black Spot funding (high accident prone areas) [Annual]

Complete for 19/20 LTFP - 10 Year Capital Infrastructure Program includes Blackspot

identification which is incorporated into LTFP and Annual Budget cycle

Purchasing Policy [August 2018]

Complete - Policy adopted at June OMC

Investigate feasibility of compliance software [July 2018]

Complete - Attain software implemented. Currently Primary and Annual Returns and

Related Party Disclosures with further compliance activities targeted over the coming months.

Conduct an internal staff satisfaction survey [Annual]

Initial survey completed - annual surveys to be undertaken in future

Change key entry at Civic Centre and install further CCTV at BRAC [May 2018]

Complete - BRAC CCTV upgrade

Implement Whistle-blower policy (PID / Internal) [Nov 2019]

Complete - Information Statement updated and publicly available

Investigate ways to improve procurement process [Nov 2018]

Complete - Procurement review completed; process in place and reviewed on an ongoing basis.

Review IT Vision contract service delivery conditions [Nov 2018]

Complete

 

2018/19 Quarter 1 Finance and Costing Review

 

The 1st Quarter FACR commenced on 18 October 2018. The results from this process indicate a deficit forecast financial position to 30 June 2019 of $187,272 should Council approve the proposed budget amendments. $29,233 of this deficit relates to organisational expenses.

 

Among the high-dollar value expenditure put forward are as follows:

·    Additional legal fees & Dampier Peninsula NT Appeals - $75,000

·    Economic, Events and Tourism Development Grants – $58,000

·    Aboriginal Access Road Federal Financial Assistance Grant reduction - $44,000

·    Extra materials and plants for capital projects (Hamersley Napier Roundabout, Chinatown) - $32,000

·    Road material required for asbestos mitigation at BRAC - $26,000

 

The forecast net deficit includes the $100,000 contribution towards Broome Future Alliance Ltd seed funding as per the adopted minutes of the OMC on 28 June 2018.

 

The above figure represents a budget forecast should all expenditure and income occur as expected. It does not represent the actual end-of-year position which can only be determined as part of the normal annual financial processes at the end of the financial year.

 

A comprehensive list of accounts has been included as an attachment to the minutes of the ARC meeting for perusal by Council and summarised by Directorate.

 

A summary of the results follows:

 

BUDGET IMPACT

2018/19 Adopted Budget
(Income) / Expense

FACR Q1
Overall (Income) / Expense
(Org Savings not subtracted)

FACR Q1
Org. Expense/(Savings)
(by Department)

FACR Q1
Impact
(Income) / Expense
(Org Savings subtracted)

YTD Adopted Budget Amendments
(Income) / Expense

YTD Impact
(Org Savings Subtracted)

Executive - Total

0

33,436

31,647

1,789

 

1,789

Corporate Services - Total

0

(91,297)

(89,606)

(1,691)

 

(1,691)

Development and Community- Total

0

149,798

129,657

20,141

 

20,141

Infrastructure Services - Total

0

(4,665)

(42,465)

37,800

 

37,800

Impact of Council approved budget amendments

0

0

0

0

100,000

100,000

Net impact of Organisation Savings/Expenditure

0

0

0

0

 

0

 

 

 

0,000*

87,272

29,233

58,039

100,000†

158,039

 

CONSULTATION

 

Audit Regulation 17 Risk Profile Register

 

Nil

 

2018/2019 Quarter 1 Finance and Costing Review

 

All amendments have been proposed after consultation with Executive and Responsible Officers at the Shire.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

7.13      Regulations as to audits

 

(1)         Regulations may make provision –

(i)          requiring local governments to carry out, in the prescribed manner and in a form approved by the Minister, an audit of compliance with such statutory requirements as are prescribed whether those requirements are –

(i)          of a financial nature or not; or

(ii)         under this Act or another written law.

 

Local Government (Audit) Regulations 1996

 

13.        Prescribed statutory requirements for which compliance audit needed (Act s. 7.13(1)(i))

             For the purposes of section 7.13(1)(i) the statutory requirements set forth in the Table to this regulation are prescribed.

 

Table

 

Local Government Act 1995

s. 3.57

s. 3.58(3) and (4)

s. 3.59(2), (4) and (5)

s. 5.16

s. 5.17

s. 5.18

s. 5.36(4)

s. 5.37(2) and (3)

s. 5.42

s. 5.43

s. 5.44(2)

s. 5.45(1)(b)

s. 5.46

s. 5.67

s. 5.68(2)

s. 5.70

s. 5.73

s. 5.75

s. 5.76

s. 5.77

s. 5.88

s. 5.103

s. 5.120

s. 5.121

s. 7.1A

s. 7.1B

s. 7.3

s. 7.6(3)

s. 7.9(1)

s. 7.12A

Local Government (Administration) Regulations 1996

r. 18A

r. 18C

r. 18E

r. 18F

r. 18G

r. 19

r. 22

r. 23

r. 28

r. 34B

r. 34C

 


Local Government (Audit) Regulations 1996

r. 7

r. 10

 

Local Government (Elections) Regulations 1997

r. 30G

 

 

Local Government (Functions and General) Regulations 1996

r. 7

r. 9

r. 10

r. 11A

r. 11

r. 12

r. 14(1), (3) and (5)

r. 15

r. 16

r. 17

r. 18(1) and (4)

r. 19

r. 21

r. 22

r. 23

r. 24

r. 24AD(2), (4) and (6)

r. 24AE

r. 24AF

r. 24AG

r. 24AH(1) and (3)

r. 24AI

r. 24E

r. 24F

Local Government (Rules of Conduct) Regulations 2007

r. 11

 

 

 

          [Regulation 13 inserted in Gazette 23 Apr 1999 p. 1722‑4; amended in Gazette    1 Jun 2004 p. 1917; 31 Mar 2005 p. 1042‑3; 30 Sep 2005 p. 4418-20; 21 Dec 2010    p. 6758-61; 30 Dec 2011 p. 5579-80; 18 Sep 2015 p. 3813.

 

14.        Compliance audits by local governments

(1)         A local government is to carry out a compliance audit for the period 1 January to 31 December in each year.

(2)         After carrying out a compliance audit the local government is to prepare a compliance audit return in a form approved by the Minister.

(3A)      The local government’s audit committee is to review the compliance audit return and is to report to the council the results of that review.

(3)         After the audit committee has reported to the council under subregulation (3A), the compliance audit return is to be —

(a)        presented to the council at a meeting of the council; and

(b)        adopted by the council; and

(c)        recorded in the minutes of the meeting at which it is adopted.

         

          [Regulation 14 inserted in Gazette 23 Apr 1999 p. 1724‑5; amended in Gazette 30        Dec 2011 p. 5580-1.]

 

15.        Compliance audit return, certified copy of etc. to be given to Executive Director

(1)         After the compliance audit return has been presented to the council in accordance with regulation 14(3) a certified copy of the return together with —

(a)        a copy of the relevant section of the minutes referred to in regulation 14(3)(c); and

(b)        any additional information explaining or qualifying the compliance audit,

             is to be submitted to the Executive Director by 31 March next following the period to which the return relates.

(2)     In this regulation —

          certified in relation to a compliance audit return means signed by

(a)        the mayor or president; and

(b)        the CEO.

         

             [Regulation 15 inserted in Gazette 23 Apr 1999 p. 1725.]

Local Government (Financial Management) Regulation 1996

r33A. Review of Budget

(1)         Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A)      The review of an annual budget for a financial year must —

(a)        consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b)        consider the local government’s financial position as at the date of the review; and

(c)        review the outcomes for the end of that financial year that are forecast in the budget.

(2)         Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3)         A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4)         Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

b)          is authorised in advance by resolution*; or

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

(1a        In subsection (1) —

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

Local Government (Audit) Regulations 1996

16.     Audit committee, functions of

An audit committee —

(a)        is to provide guidance and assistance to the local government —

(i)          as to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and

(ii)         as to the development of a process to be used to select and appoint a person to be an auditor;

                            and

(b)        may provide guidance and assistance to the local government as to —

(i)          matters to be audited; and

(ii)         the scope of audits; and

(iii)         its functions under Part 6 of the Act; and

(iv)        the carrying out of its functions relating to other audits and other matters related to financial management; and

(c)        is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to —

(i)          report to the council the results of that review; and

(ii)         give a copy of the CEO’s report to the council.

 

17.     CEO to review certain systems and procedures

 

(1)         The CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to —

               (a)     risk management; and

               (b)     internal control; and

               (c)     legislative compliance.

(2)         The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3)         The CEO is to report to the audit committee the results of that review.

 

Local Government (Financial Management) Regulation 1996

 

r33A. Review of Budget

(1)     Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A)  The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2)     Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3)     A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4)     Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

(1a) In subsection (1) —

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

 

POLICY IMPLICATIONS

 

Audit Regulation 17 Risk Profile Register

 

2.1.1 Legislative Compliance

2.1.4 Risk Management

2.2.1 Internal Control

 

2018/2019 Quarter 1 Finance and Costing Review

 

2.2.2 Materiality in Financial Reporting

 

It should be noted that according to the materiality threshold set in Policy 2.2.2 Materiality in Financial Reporting, should a total deficit exceed 1% of the Shire’s operating revenue ($422,176) the Shire must formulate an action plan to remedy the over expenditure.

 

FINANCIAL IMPLICATIONS

 

Audit Regulation 17 Risk Profile Register

 

The Shire has received membership funds from the Local Government Insurance Scheme (LGIS) which have been allocated to fund organisational risk initiatives.

 

The financial implications of actioning individual items contained in the Risk Register will be implemented using existing, internal resources. If any additional resources are required, they will be progressed via the quarterly Finance and Costing Review or presented to Council for consideration.

 

2018/2019 Quarter 1 Finance and Costing Review

 

The net result of the 1st Quarter FACR estimates a budget deficit position of $187,272 to 30 June 2019. $29,233 of this deficit relates to organisational expenses.

 

The CEO and senior staff will work towards reducing this deficit through future FACR’s to provide a balanced year end position.

 

RISK

 

Audit Regulation 17 Risk Profile Register

 

Nil

 

2018/2019 Quarter 1 Finance and Costing Review

 

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2018. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the end-of-year position.

 

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

 

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

 

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure associated with running the Shire’s operations.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Affordable and equitable services and infrastructure

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

COMMITTEE RECOMMENDATION 1:

That Council:

1.       Receives the 1st Quarter Finance and Costing Review Report for the period ended 30 September 2018;

2.       Adopts the operating and capital budget amendment recommendations for the year ended 30 June 2019 as attached to the minutes of the Audit and Risk Committee meeting; and

3.       Notes a forecast end-of-year position to 30 June 2019 of a $187,272 deficit position.

(Absolute Majority Required)

 

VOTING REQUIREMENTS

Simple Majority

 

COMMITTEE RECOMMENDATION 2:

That Council:

1.       Receives the updated Risk Profile Register and notes the progress of actions as contained in the attachment to the minutes of the Audit and Risk Committee meeting;

2.       Adopts the reviewed actions, timelines and responsible officers as detailed in the Risk Profile Register attached to the minutes of the Audit and Risk Committee meeting.

 

Attachments

1.

Minutes - Audit and Risk Committee Meeting

  


Item 10.3 - AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 NOVEMBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

 

10.4       KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP JOINT MEETING - 9 OCTOBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           OGS03 & RCG01

AUTHOR:                                                   Executive Assistant to the CEO

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    22 October 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 9 October 2018.

 

 

BACKGROUND

 

Previous Considerations

 

The minutes from the meeting held 9 October 2018 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) is attached for Council’s consideration in Attachment 1.

 

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 ANNUAL FINANCIAL REPORT 2017/18

 

The Kimberley Regional Group (KRG) Governance Agreement dictates that the Host Shire must arrange to have the KRG’s accounts and records for each accounting period audited and prepare an annual financial report of the KRG that represents a true and fair view of the financial position of the KRG. This item presented the 2017/18 Audit and Annual Financial Report for member consideration.

 

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECCOMENDATION)

That the Kimberley Regional Group:

1.   Notes the report and receives the Annual Financial Statement for the period ending 30 June 2018 as attached; and

2.   Notes the carry-forward surplus as at 30 June 2018 of $292,216.00.

Moved: Cr Geoff Haerewa          Seconded: Cr David Menzel

CARRIED UNANIMOUSLY 4/0

 

9.2     STRATEGIC PLAN UPDATE

 

An initial review of the strategic planning documentation, being the Kimberley Strategic Community Plan 2014-2024 (updated 2016) and the Kimberley Regional Business Plan 2018-2022, was undertaken at the March 2018 meeting hosted by the Shire of Cocos Keeling Islands.  It was agreed that a more comprehensive review be undertaken.   

 

A Strategic Planning session was undertaken at the September 2018 meeting hosted by the Shire of Kununurra, with a final session scheduled in October 2018.

 

This report presented a progress update on the Kimberley Regional Group Strategic Plan review for member’s information.

 

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECCOMENDATION)

That the Kimberley Regional Group: 

1.   Notes the status of the review of the strategic planning documents; 

2.   Supports the approach taken; and

3.   Gives in principle support for the document, with appropriate revisions, to be circulated to members for comment and feedback with a view to adoption at the December 2018 meeting. 

Moved: Cr David Menzel            Seconded: Cr Geoff Haerewa

CARRIED UNANIMOUSLY 4/0

 

9.3     CONSULTANT’S REPORT 1 SEPTEMBER 2018 TO 30 SEPTEMBER 2018

 

The Kimberley Zone of WALGA (Zone) and the Kimberley Regional Group (KRG) appointed ATEA Consulting on the 22 July 2018 to perform the role of part-time Executive Officer. This report provided an overview of the activities undertaken by ATEA Consulting in the period 1 September to 30 September 2018.

 

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECCOMENDATION)

That the Kimberley Regional Group notes the report provided by ATEA Consulting.

Moved: Cr Geoff Haerewa          Seconded: Cr David Menzel

CARRIED UNANIMOUSLY 4/0

 

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

 

REPORT RECOMMENDATION:

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 9 October 2018 en bloc.

 

Attachments

1.

Kimberley Regional Group Minutes 9 October 2018

  


Item 10.4 - KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP JOINT MEETING - 9 OCTOBER 2018

 

 

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Agenda – Ordinary Meeting of Council 22 November 2018                                                                               Page 1 of 4

11.       Notices of Motion

 

 

12.       Business of an Urgent Nature  

 

 

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

 

 

14.       Matters Behind Closed Doors

 

 

15.       Meeting Closure