Agenda of Ordinary Meeting - 13 December 2018

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

2017 Local Government Ordinary Election held 21 October
Councillor		Cr H Tracey	Cr D Male	Cr M Fairborn	Cr W Fryer	Cr E Foy	Cr C Marriott	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth
2017	23 November					LOA
2017	14 December			A	A	A
2018	22 February				LOA
2018	22 March		LOA		LOA			LOA
2018	26 April						LOA
2018	31 May
2018	28 June			A	A	A		LOA
2018	26 July					LOA		NA		A
2018	30 August		A					LOA
2018	27 September	LOA			A	LOA
2018	25 October		LOA			LOA	LOA
2018	22 November		LOA	LOA		A			LOA

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

2.25. Disqualification for failure to attend meetings

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

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

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

(a) a meeting that has concluded; or

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

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

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

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

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

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

(b) if the non‑attendance occurs —

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

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

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

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

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

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

1. Official Opening and Attendance

Attendance:

Apologies:

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

4. Applications for Leave of Absence

5. Confirmation of Minutes

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 22 November 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

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

Recommendation

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

9.2.4 REQUEST FOR QUOTE 18-68 SUPERINTENDENCE AND ENGINEERING CONSULTANCY SERVICES FOR CHINATOWN REVITALISATION PROJECT

Item 9.2.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.2.7 LEASE DISPOSAL TO BROOME GOLF CLUB INC

Item 9.2.7 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.2.8 LEASE BROOME JUNIOR-SENIOR MOTOCROSS INC

Item 9.2.8 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

9.2.11 BROOME REGIONAL RESOURCE RECOVERY PARK

Item 9.2.11 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”, and section 5.23(2)(h) as it contains “such other matters as may be prescribed”.

9.4.3 OBJECTION TO THE RATE RECORD - NON-RATEABLE AND UNDER SECTION 6.26(2)(D) - RATE EXEMPTION APPLICATION 2018/2019 - BROOME BAPTIST CHURCH

Item 9.4.3 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

9.4.4 OBJECTION TO THE RATE RECORD - NON-RATEABLE AND UNDER SECTION 6.26(2)(J) - RATE EXEMPTION APPLICATION 2018/2019 - UNIVERSITY OF WESTERN AUSTRALIA

Item 9.4.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((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”.

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.1.1 COMMUNITY SPONSORSHIP PROGRAM ADDITIONAL MATCHED FUNDING ROUND - BURRONGGLO ABORIGINAL CORPORATION

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PRC01

AUTHOR: Community Development Officer - Youth and Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 26 November 2018

SUMMARY: This report presents the Community Sponsorship Assessment Working Group’s recommendations for Burrongglo Aboriginal Corporation’s funding application as part of the additional Community Sponsorship Program Annual Matched Funding Round. This round was endorsed by Council to utilise the unallocated funds remaining in the program at the end of the 2017/18 Financial Year.

This report recommends that Council allocates $4,500 from the Energy Developments Pty Ltd West Kimberley Community Donation Reserve Account to Burrongglo Aboriginal Corporation as recommended by officers and the Community Sponsorship Assessment Working Group.

BACKGROUND

Previous Considerations

OMC 14 February 2008 Item 9.2.3

OMC 5 June 2008 Item 9.2.1

OMC 26 August 2008 Item 9.2.2

OMC 23 October 2008 Item 9.2.2

OMC 2 September 2009 Item 9.2.4

OMC 28 October 2010 Item 9.2.12

OMC 27 October 2011 Item 9.3.6

OMC 15 March 2012 Item 9.1.1

OMC 6 September 2012 Item 9.1.5

OMC 21 March 2013 Item 9.1.2

OMC 15 August 2013 Item 9.1.3

OMC 19 September 2013 Item 9.1.1

OMC 27 March 2014 Item 9.1.1

OMC 26 March 2015 Item 9.1.1

OMC 31 March 2016 Item 9.1.2

OMC 27 April 2017 Item 9.1.4

OMC 31 May 2018 Item 9.1.4

SMC 15 August 2018 Item 6.2.1

OMC 25 October 2018 Item 9.1.3

Background

The Community Sponsorship Assessment Working Group (CSAWG) is a formal working group established by Council to undertake the assessment of community sponsorship applications and makes recommendations for funding to Council. The members of this working group are Cr Chris Mitchell, Cr Desiree Male, Cr Phillip Matsumoto, Cr Warren Fryer and Cr Bruce Rudeforth. Deputy members are Cr Mala Fairborn, Cr Harold Tracey and Cr Elsta Foy.

The Community Sponsorship Program (CSP) is available annually for community not-for-profit organisations to apply for funding that supports community projects and events. Each year the Shire of Broome calls for submissions for sponsorship from community groups and organisations with funding being made available to successful applicants after the adoption of the annual budget.

On 13 December 2011, the Shire of Broome signed a Memorandum of Understanding (MOU) with Energy Developments Pty Ltd (Energy Developments). The MOU outlines an agreement whereby funding of $400,000 is allocated to the Shire of Broome. Up to $80,000 is available per year for community driven projects that fit within the Energy Developments guiding principles as determined by the Shire.

2017/18 Community Sponsorship Program

The 2017/18 CSP annual funding round was advertised between 15 January 2018 and 15 March 2018. On 7 May 2018 the CSAWG met and assessed applications and discussed an additional funding round in August 2018 to utilise the balance of remaining Shire of Broome and Energy Developments funding.

At the May 2018 OMC, Council resolved to advertise an additional CSP funding round in August 2018 to utilise the reserve balance of funding as at the end of the 2017/18 financial year.

In addition to this Energy Developments agreed to support the proposal to hold a second round of funding later in the year and utilise the unallocated Energy Development funds of $34,305 from the 2017/18 round.

Furthermore, the Shire received a funding request from the White Ribbon Day Ball prior to the August funding round. At the August 2018 OMC Council resolved to distribute $8,798 ($4,399 per annum) to the Broome White Ribbon Day Gala for the purpose of facility hire and associated costs in the 2018/19 and 2019/20 financial years.

The available budget for the August 2018 CSP was adjusted accordingly.

Community Sponsorship Program – August 2018

The additional CSP round was advertised in August 2018 and open for one month, with up to $10,000 available per application to a maximum of 50% of total project costs. The CSAWG considered applications for projects in line with the CSP Guidelines and recommended projects on criteria including whether the applicant has satisfactorily addressed the community sponsorship guidelines and the applicant has received no more than $10,000 over the previous 3 years of funding through the Shire’s CSP.

Sponsorship Category

Available Funding Round Allocation (following allocation White Ribbon Day Ball funding)

Funded by

Reserve code

Shire of Broome Community Sponsorship Program Reserve

$80,050.18

Shire of Broome

100002110

Energy Development Pty Ltd West Kimberley Community Donations Reserve

$34,305

Energy Developments Pty Ltd

100005100

After meeting on 12 October 2018 the CSAWG made recommendations and at the October 2018 OMC Council resolved to approve the distribution of $6,000 from the Community Sponsorship expense account (GL22172) to successful applicants. Additionally, the distribution of $9,500 from the EDL sponsorship program operating expense account (GL 22173) was approved - pending formal approval from Energy Developments.

The CSAWG were unable to make a recommendation on the application from the Burrongglo Aboriginal Corporation as further supporting documentation was required as outlined in the Community Sponsorship guidelines. At the October 2018 OMC Council resolved to seek further financial information, including audited financial reports, to allow for further consideration of its application by the CSAWG.

COMMENT

Burrongglo Aboriginal Corporation provided an audited financial report to the Shire on 29 October 2018. The CSAWG were subsequently provided Burrongglo’s application, additional financial information and officer recommendation on 12 November 2018 via circular email.

Based on this additional information, the CSAWG resolved to recommend that Council support an allocation of $4,500 towards Burrongglo Aboriginal Corporation’s sponsorship application.

A summary of the CSAWG’s recommendations is shown in Attachment 1.

CONSULTATION

Application forms and guidelines were available via the Shire of Broome website, in hard copy from the Shire’s Administration Office and by contacting the Shire’s Community Development Team.

The CSP was advertised on the Shire of Broome website, in the Shire News, and through a direct marketing email campaign to the Shire’s community database. Feedback was provided by Shire officers on individual applications.

As Burrongglo Aboriginal Corporation’s application is requested in the West Kimberley Community Donations stream, formal approval from Energy Developments will be obtained in writing from following Council’s resolution. Shire officers have corresponded with Energy Developments throughout the process providing updates.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

(a) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

(b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

6.11. Reserve accounts

(1) Subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a reserve account for each such purpose.

(2) Subject to subsection (3), before a local government —

(a) changes* the purpose of a reserve account; or

(b) uses* the money in a reserve account for another purpose,

it must give one month’s local public notice of the proposed change of purpose or proposed use.

* Absolute majority required.

(3) A local government is not required to give local public notice under subsection (2) —

(a) where the change of purpose or of proposed use of money has been disclosed in the annual budget of the local government for that financial year; or

(b) in such other circumstances as are prescribed.

(4) A change of purpose of, or use of money in, a reserve account is to be disclosed in the annual financial report for the year in which the change occurs.

(5) Regulations may prescribe the circumstances and the manner in which a local government may set aside money for use for a purpose in a future financial year without the requirement to establish and maintain a reserve account.

POLICY IMPLICATIONS

Policy 3.4.2 Community Sponsorship Program

FINANCIAL IMPLICATIONS

The table below outlines the financial implications of this report. As per Policy 3.4.2, unallocated funds will remain in the reserve for future distribution at the recommendation of the CSAWG to Council.

Payable to

Details

Amount

GL Account From

GL Account To

Balance Remaining in Reserve

Successful applicants – Energy Developments

Annual Community Sponsorship Program as per attachment.

$4,500

22173 (transferred from reserved 100005100)

Burrongglo Aboriginal Corporation

$168,806

(following all additional round allocations pending EDL approval)

RISK

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

Risk	Type	Rank	Mitigation
Consistent and transparent process	Reputational	Low	The applications are assessed by the CSAWG in response to the program criteria. Further communication regarding this process to be developed to increase number of applicants submitting eligible projects. The process followed aligns with Policy 3.4.2.
Perception of community impact	Reputational	Low	Continue to assist applicants in the future with adhering to guidelines and review application documentation annually.
CSP & Energy Developments unspent funds	Reputational	Medium	Trend of unspent funds continues and may require review of allocation and if previous/current allocations are required.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Pending formal approval from Energy Developments Pty Ltd (EDL), approves the distribution of $4,500 to be allocated from the EDL sponsorship program operating expense account (GL 22173) to Burrongglo Aboriginal Corporation for a period of 1 year.

2. Requests that the Chief Executive Officer transfer $4,500 from the Energy Development West Kimberley Community Donations Reserve (100005100) to the EDL Sponsorship Program Reserve Funded expense account (GL 22173).

(Absolute Majority Required)

Attachments

1.	Assessment Report Annual Matched Funding 1819 - Burrongglo Aboriginal Corporation

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.1.2 MOSCOW CIRCUS EVENT APPLICATION

LOCATION/ADDRESS: Male Oval Concourse and Reserve

APPLICANT: The Great Moscow Circus

FILE: REP005

AUTHOR: Events and Economic Development Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 20 November 2018

SUMMARY: This report seeks Council’s consideration of an application from the Great Moscow Circus to hold a series of circus performances over a 14 day period on the Male Oval Reserve between 3 June and 17 June 2019.

This event application cannot be approved under delegation and is required to be considered by Council for the following reasons:

1. Council approval is required to allow caravaning and camping other than at a caravan park or camping ground for a period that is longer than three nights; and

2. Council approval is required for the event to operate for a period longer than five days under provisions of Local Planning Scheme No. 6.

This report recommends that the application be approved.

BACKGROUND

Previous Considerations

Nil

Background

The Great Moscow Circus is requesting approval to hold a total of 10 circus performances on Male Oval reserve over a 14 day period. The application includes a request for erection of signage for a period of 18 days and camping for a period of 14 days. The circus performances involve animal acts including ponies and dogs.

The Circus is largely a human based performance circus featuring acts such as trapeze and acrobatics. No caged or exotic animals are featured in the circus, although the applicant is seeking permission to house eight miniature ponies, one welsh pony and seven dogs on Male Oval for performance purposes.

The attached site map (Attachment 1) indicates a site footprint with the main ‘big top’ tent being 32 metres in width at a total height of 18 meters and the foyer tent being 20 metres in width. Peripheral trailers include a box office, kiosk, caravans and storage vehicles. Photographic evidence demonstrates that the Circus’ production equipment is aesthetically attractive and will not negatively affect the appearance of Male Oval reserve.

COMMENT

Approval to camp

The applicant is requesting approval to camp for a period of 14 consecutive days on Male Oval reserve, including a total of 23 caravans with 45 people.

Regulation 11(2) of the Caravan Parks and Camping Grounds Regulations 1997 stipulate that:

Written approval may be given for a person to camp on land referred to in sub regulation (1) (a) for a period specified in the approval which is longer than 3 nights -

(a) by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months;

Planning approval

The applicant is requesting to operate on Male Oval Reserve for a period of 14 days. During this time the applicant will be presenting 10 shows of 2 ½ hours duration each.

In accordance with the Shire’s Local Planning Policy 5.20 – Exempt Development, an event that occurs on a temporary basis is exempt from the need to obtain planning approval. Temporary is defined as less than 120 continuous hours (the use of the land for a maximum of 5 consecutive days). Though this application exceeds the set period of 5 days by 2 days, it is recommended that this application be approved and exempt from planning approval as the event is considered low risk.

Parking Provision

Given that the circus will operate outside of the trading hours of most businesses within proximity to the site, it is reasoned that there will be limited, if any, conflict in the use of public parking bays by patrons of the circus and customers of businesses within proximity.

Advertising

The applicant is seeking permission to advertise the circus show times utilising inflatable clowns ranging from 2m to 4m in height and stationary signage over 10 locations for a period of 18 days.

The proposed 10 locations for the duration of 18 days is not supported by officers as it is likely to result in a proliferation of signage across the town. An alternative option of 5 locations for clowns and 5 for signage is recommended as this will reduce the overall impact of the signage on the town. Actual locations for the signs are to be agreed in consultation with the applicant. All advertising will be regulated in accordance with the appropriate Local Laws.

Where the signage location is visible from a road controlled by Main Roads WA (MRWA), under the provisions of the Main Roads (Control of Advertisement) Regulations 1996, the applicant must seek MRWA approval and provide the Shire with confirmation of the approval.

Any event signage must comply with the Shire’s Local Planning Policy 5.10 – Signs and Local Government Property and Public Places Local Law 2016.

Proximity to Broome Airport

The applicant is required to ensure that infrastructure does not exceed the Broome International Airport (BIA) height restrictions. Officers have notified the BIA operations team of the event application and it is proposed that any event approval that is granted is conditional upon approval for the circus structures being received from the BIA.

Event application

All application documentation has been submitted by the applicant in accordance with the Shire’s Events Policy 3.4.7 and in compliance with all local laws and applicable legislation. Therefore, the application has been assessed by officers as suitable for approval.

Recommendation

Officers are recommending approval subject to all Shire requirements being met. This recommendation is based on the expected activation of the Chinatown precinct during the performances and the event’s contribution to a robust Broome events calendar across the whole year.

CONSULTATION

Great Moscow Circus

Broome International Airport

STATUTORY ENVIRONMENT

Caravan Parks and Camping Grounds Regulations 1997

11. Camping other than at caravan park or camping ground

(1) A person may camp —

(a) for up to 3 nights in any period of 28 consecutive days on land which he or she owns or has a legal right to occupy, and may camp for longer than 3 nights on such land if he or she has written approval under subregulation (2) and is complying with that approval; or

(b) for up to 24 consecutive hours in a caravan or other vehicle on a road side rest area; or

(c) for up to 24 consecutive hours in a caravan or other vehicle on a road reserve in an emergency, unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve; or

(d) on any land which is —

(i) held by a State instrumentality in freehold or leasehold; or

(ii) dedicated, reserved, or set apart under the Land Administration Act 1997 or any other written law, and placed under the care, control or management of a State instrumentality, in accordance with the permission of that instrumentality; or

(e) on any unallocated Crown land or unmanaged reserve, in accordance with the permission of the Minister within the meaning of the Land Administration Act 1997, or a person authorised by the Minister to give permission under this paragraph.

(2) Written approval may be given for a person to camp on land referred to in

subregulation (1)(a) for a period specified in the approval which is longer than 3 nights

(a) by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months; or

(b) by the Minister, if such approval will result in the land being camped on for longer than 3 months in any period of 12 months; or

(c) despite paragraph (b), by the local government of the district where the land is situated —

(i) if such approval will not result in the land being camped on for longer than 12 consecutive months; and

(ii) if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a permit has effect in relation to the land.

POLICY IMPLICATIONS

Policy 3.3.4 Approval to Camp for up to 3 Months in Areas Other Than Caravan Parks and Camping Grounds

Policy 3.3.6 Trading in Public Places

Policy 3.4.7 Events

FINANCIAL IMPLICATIONS

The following fees will be payable by the applicant in line with the Shire of Broome’s schedule of fees and charges:

Fee Type	Fee
Event Application Fee	$272.50
Venue hire (14 Day total)	$10,573.20
Public Building Application and Inspection fees	$184.80
Food Act – Temporary Food Permit	$75.00
Reticulation mark out fee	$132.00
TOTAL	$11,237.50
*A $1,000 refundable ground bond is required with venue hire. Additional costs may be charged following final venue inspection.

RISK

The applicant has submitted a risk management plan, emergency site plan and site evacuation plan. Current structural certification for production equipment including tents has been supplied along with a certificate of currency for Public Liability Insurance. This event is considered to be a low to medium level risk for the Shire.

Given the extended period over which the circus will be on Male Oval, there is a risk of damage to the oval surface. The applicant has the following process in place to ensure any impact on the grass is minimised:

· The machinery used to move the equipment is on tracks that are designed for use on golf courses to ensure no damage to the turf;

· The staging that is put down is on specially designed grass matting to ensure the grass continues to grow;

· The seating is all off the ground and has a very small footprint; and

· The sides of the marquees are lifted each day to allow sunlight to reach the grass.

Officers consider that these measures are sufficient to mitigate the risk of extensive damage to the grass. Should this or any other damage to the park infrastructure occur, any costs of rehabilitation may be withheld from the bond paid by the applicant and potentially on-charged should the bond amount be exceeded.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Approves the event application and authorises the Chief Executive Officer to issue an event permit in accordance with Events Policy 3.4.7 to the Great Moscow Circus for the staging of the proposed Moscow Circus performances at Male Oval Reserve from 3 June 2019 (6am) to 17 June 2019 (6.00pm) subject to:

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

b) Appropriate approvals being received by the applicant from the Broome International Airport in relation to structural height restrictions.

c) Where event signage is visible from a road controlled by Main Roads WA (MRWA) under the provisions of the Main Roads (Control of Advertisement) Regulations 1996, the applicant must seek MRWA approval and provide confirmation of the approval.

d) Signage is approved in five locations for clown advertising and another five locations for other signage, with the locations to be agreed with Shire officers. Signage can be installed four days prior to the event for a total of 18 days. Signage must be removed by 6.00pm on 17 June 2019.

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

2. In accordance with the Caravan Parks and Camping Grounds Regulations 1997, issues approval for the applicant to camp on Male Oval Reserve for a period of 14 days from 3 June (6am) to 17 June 2019 (6.00pm), with there being a total of 23 caravans accommodating a total number of 45 persons.

3. In accordance with clause 8.2 of the Shire of Broome Local Planning Scheme No. 6, agrees that the proposal is temporary in nature and therefore does not require planning approval.

Attachments

1.	Moscow Circus Site Plan 2018

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.1 REQUEST TO AMEND RESERVE 31354 (BROOME CAMP SCHOOL) AND RESERVE 36473 (BIDYADANGA SCHOOL)

LOCATION/ADDRESS: Reserve 31354 (Broome Camp School) and Reserve 36473 (Bidyadanga School)

APPLICANT: Department of Education / Department of Planning, Lands and Heritage

FILE: RES 31354; RES 36473

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 29 October 2018

SUMMARY: The Department of Planning, Lands and Heritage (DPLH) has received a request from the Department of Education to amend Reserve 31354 (Broome Camp School) and Reserve 36473 (Bidyadanga School).

The DPLH has written to the Shire seeking any comments on the proposals.

As delegation does not exist for officers to provide comment the request is being referred to Council for consideration.

This report recommends that Council requests that the Chief Executive Officer writes to the DPLH advising that Council has no objection to the proposed amendments to Reserve 31354 and 36473.

BACKGROUND

Previous Considerations

Nil.

The Department of Planning, Lands and Heritage (DPLH) has received a request from the Department of Education to amend Reserve 31354 (Broome Camp School) and Reserve 36473 (Bidyadanga School).

Reserve 31354

Reserve 31354 is vested with the Minister for Education, with power to lease for any term, subject to the consent of the Minister for Lands. Reserve 31354 is for the purpose of ‘School Education Act 1999’ and comprises Lot 684 on Deposited Plan (DP) 168417, Lot 983 DP 212287 and Lot 1375 DP 183782 (see Attachment 1).

Reserve 31354 is subject to Easement E181329 in favour of the Shire of Broome for ‘drainage’ (see Attachment 2).

The Department of Education has requested Reserve 31354 be amalgamated into one Lot rather than the current three Lots and with the power to lease or licence for any term for the whole or any portion of the Reserve without the approval of the Minister for Lands.

Reserve 36473

Reserve 36473 is vested with the Department of Education, with the current purpose of ‘school site’ and comprises Lot 237 on DP 188780 (see Attachment 3).

The Department of Education has requested Reserve 36473 purpose be amended from ‘school site’ to ‘School Education Act 1999’, with Management Orders in favour of the Minister for Education and power to lease or licence for periods up to and including 21 years without the prior consent of the Minister for Lands.

The DPLH has written to the Shire seeking any comments to the proposals.

COMMENT

Reserve 31354

Reserve 31354 is zoned ‘Tourist’ under the Local Planning Scheme No 6 (LPS6), Lot 684 on DP 168417 and Lot 1375 on DP 183782 do not have legal road frontage, as such the amalgamation of the Lots is supported by officers.

Reserve 36473

Reserve 36473 is zoned ‘Settlement’ under the LPS6 and sets out that development should be consistent with the Layout Plan, in which the majority of the site is identified as a School. Therefore, the update to the purpose of the Reserve is consistent with the Layout Plan and is supported by officers.

Summary

Officers cannot foresee any issues in relation to the above proposed changes to the two reserves and therefore recommend that Council advise the DPLH that it has no objection to the Department of Education’s requests.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Land Administration Act 1997

46. Care, control and management of reserves

(1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

(2) The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.

(3) The Minister may —

(a) by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and

(b) approve a mortgage of any such lease.

(3a) The Minister may by order —

(a) without the consent of the management body of a reserve, vary —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷ that subsists as an order made under subsection (3)(a),

in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or

(b) with the consent of the management body of a reserve, vary any other condition to which —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷ that subsists as an order made under subsection (3)(a),

is subject.

(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —

(a) the person on whom the power is conferred is —

(i) a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or

(ii) a person referred to in subsection (10)(b),

and the order provides that the Minister’s approval under section 18 is required; or

(b) the person on whom the power is conferred is a person other than a person referred to in paragraph (a).

(4) If an unmanaged reserve is the subject of —

(a) a lease granted under section 47; or

(b) a licence, or a lease or profit à prendre, granted under section 48,

or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.

(5) An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.

(6) If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.

(7) A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.

(8) Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.

(9) Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.

(10) In subsection (1), a reference to a person is a reference to —

(a) a person having perpetual succession;

(b) a person not having perpetual succession who is —

(i) a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or

[(ii) deleted]

(iii) a person holding a prescribed office.

(11) If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

(12) An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

51. Cancelling, changing etc. reserves, Minister’s powers as to

Subject to sections 42, 43 and 45, the Minister may by order cancel, change the purpose of or amend the boundaries of, or the locations or lots comprising, a reserve.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

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

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

Affordable land for residential, industrial, commercial and community use

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it has no objection to the Department of Education’s request that:

1. The lots comprising Reserve 31354, namely Lot 684 on Deposited Plan (DP) 168417, Lot 983 DP 212287 and Lot 1375 DP 183782, be amalgamated into one Lot and the Management Orders be amended to include power to lease or licence for any term for the whole or any portion of the Reserve without the approval of the Minister for Lands.

2. The purpose of Reserve 36473, comprising Lot 237 on DP 188780, be amended from ‘school site’ to ‘School Education Act 1999’, with Management Orders in favour of the Minister for Education and power to lease or licence for periods up to and including 21 years without the prior consent of the Minister for Lands.

Attachments

1.	Reserve 31354 comprising Lot 684 DP 168417, Lot 987 DP 212287, Lot 1375 DP 183782
2.	Easement E181329
3.	Reserve 36473 comprising Lot 237 DP 188780

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.2 AMALGAMATION OF UNALLOCATED CROWN LAND INTO ADJACENT PASTORAL LEASE - DAMPIER DOWNS AND/OR MOWLA BLUFF

LOCATION/ADDRESS: Un-numbered, Unallocated Crown Land adjoining Pastoral Lease Dampier Downs and Mowla Bluff

APPLICANT: Department of Planning, Lands and Heritage

FILE: DAM/267

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 27 November 2018

SUMMARY: The Shire of Broome has received a request for comment from the Department of Planning, Lands and Heritage regarding a proposal to amalgamate a portion of Unallocated Crown Land (UCL) into adjoining pastoral lease.

As delegation does not exist for officers to provide comment and as the proposed amalgamation covers a large area of land, the request for comment is being referred to Council for consideration.

This report recommends that the Shire supports the amalgamation of that portion of UCL into an adjacent pastoral lease.

BACKGROUND

Previous Considerations

Nil.

History

The Shire has received correspondence from the Department of Planning, Lands and Heritage (DPLH), seeking the Shire’s comments in relation to the proposed amalgamation of a portion of un-numbered, Unallocated Crown Land (UCL) into one of the 2 adjoining pastoral leases, pursuant to section 87 of the Land Administration Act 1997. The un-numbered UCL can be referred to as a portion of PIN 1011653 and is identified in Attachment 1 as the area outlined in red.

The subject portion of PIN 1011653 is approximately 124,000 hectares and is adjacent to Dampier Downs (N050193) and Mowla Bluff (N049413) Pastoral Leases as indicated on Attachment 1.

COMMENT

Pastoral leases are administered under the Land Administration Act 1997 by the Minister for Lands and the Pastoral Lands Board, having separate and specific powers.

The application for the proposed amalgamation was originally requested by Ngi-Ngi Aboriginal Corporation, the lessee of Mowla Bluff Pastoral Lease. The proposed amalgamation will be offered to both adjoining Pastoral Leases pursuant to DPLH policy.

The DPLH will facilitate the proposed amalgamation into one of the adjacent Pastoral Leases. The DPLH will undertake a selection process for the preferred proponent. Proponents will be required to submit a business case and management plan for consideration by the Pastoral Lands Board. The final decision will be made by the Minister for Lands.

Any requirements under the Native Title Act 1993 are proposed to be addressed via an Indigenous Land Use Agreement.

The portion of UCL proposed to be amalgamated into an adjacent Pastoral Lease is zoned ‘General Agriculture’, under the Shire’s Local Planning Scheme No.6 (LPS6).

A pastoral land use (which is defined as ‘Agriculture-Extensive’ land use under LPS6) is a permitted land use and the Scheme exempts any pastoral land and associated buildings from the need to obtain development approval.

With regards to the Local Planning Strategy, the subject land is identified as ‘Cultural and Natural Resource Use’ with an overlay of the ‘Edgar Range Conservation Investigation Area’. The identification of land for ‘Conservation Investigation’ does not mean that the land is zoned, or will be rezoned, for the future identified use, but rather that the subject land will require detailed investigation and assessment to determine its sustainability for that purpose.

Similarly, the subject land is also subject to an ‘Irrigation Investigation Area’ overlay. These are areas that have previously been supported by the Department of Primary Industries and Regional Development (DPIRD) and Department of Water and Environmental Regulation (DWER) as potential irrigation areas suitable for broad scale horticulture.

Overall, the Shire’s planning framework supports the use of the subject land for pastoral purposes.

It is therefore recommended that Council support the amalgamation of that portion of UCL as indicated on Attachment 1 into one of the adjacent pastoral leases, namely Dampier Downs or Mowla Bluff.

CONSULTATION

Department of Planning, Lands and Heritage

STATUTORY ENVIRONMENT

Land Administration Act 1997

101. Grant of pastoral lease, Minister’s powers as to

(1) The Minister may grant a lease (a pastoral lease) over any Crown lands in accordance with Part 6 and this Part.

(2) Subject to this section, if land under a pastoral lease proposed to be granted includes improvements, the grant of the lease may be subject to the payment of a sale price.

(3) Subsection (2) does not apply in relation to a grant or renewal of a lease offered under section 140.

(4) The Minister must act under this section in consultation with the Board, which is to offer its advice on the setting of the sale price, conditions and procedures for any of the release processes, and the evaluation of applicants under section 102.

(5) A pastoral lease must not be granted unless —

(a) the Board is satisfied that the land under the lease will be capable, when fully developed, of carrying sufficient authorised stock to enable it to be worked as an economically viable and ecologically sustainable pastoral business unit; or

(b) the lease is to be amalgamated with an adjoining pastoral lease; or

(c) the lease is to become, together with an adjoining pastoral lease or part of an adjoining pastoral lease, a pastoral business unit under section 142A, the creation of which has been approved under section 142A(1).

102. Public offers etc. of pastoral leases to be made before grant

(1) Before granting a pastoral lease, the Minister must by advertisement in a daily newspaper circulating throughout the State —

(a) offer the pastoral lease for sale; or

(b) invite expressions of interest in the lease; or

(c) invite tenders for the lease; or

(d) offer the lease for auction.

(2) An offer or invitation under this section may be withdrawn at any time, and another offer or invitation made at any time.

(3) An application in response to an offer or invitation under this section must be in an approved form.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

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

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

Affordable land for residential, industrial, commercial and community use

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer advise the Department of Planning, Land and Heritage that it supports the proposed amalgamation of that portion of un-numbered, unallocated Crown Land as indicated on Attachment 1 into one of the adjacent pastoral leases, being Dampier Downs (N050193) and Mowla Bluff (N049413).

Attachments

1.	UCL Dampier Downs & Mowla Bluff Pastoral Leases

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.3 PERMANENT ROAD CLOSURE - PORTION OF COGHLAN STREET

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: COG-1/GEN

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 23 November 2018

SUMMARY: At the Ordinary Meeting of Council of 27 August 2015, Council resolved to advertise the proposed permanent closure of a portion of Coghlan Street, pursuant to the Heads of Terms for the Broome International Airport Drainage Agreement between the Shire of Broome and Pearl Coast Properties. Advertising was undertaken between 18 October 2018 and 22 November 2018, with no submissions received.

Therefore, this report recommends that Council requests the Department of Planning, Lands and Heritage proceed with the permanent closure of that portion of Coghlan Street.

BACKGROUND

Previous Considerations

OMC 26 March 2015 Item 9.1.2

OMC 27 August 2015 Item 9.2.3

The Heads of Terms for the Broome International Airport Drainage Agreement (Agreement) between the Shire of Broome and Pearl Coast Properties was endorsed at the Ordinary Meeting of Council (OMC) on 26 March 2015 (see confidential Attachment 1). The Agreement required the permanent closure of a small portion of the Coghlan Street road reserve.

At the OMC of 27 August 2015, Council resolved:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Council

(a) Notes that under the Heads of Terms Agreement, a portion of the Coghlan Street Road Reserve is required to be closed, sold by Department of Lands to Pearl Coast Properties, and that a drainage easement in favour of the Shire of Broome will be created over the McPherson St Drainage Licence Area.

(b) Requests the Chief Executive Officer to:-

(i) Advertise a Notice of Motion to close a portion of the Coghlan Street road reserve (Area D on Drawing no. D15-003-01), for 35 days in accordance with Section 58(3) of the Land Administration Act 1997; and

(ii) Present a report to Council on the outcome of the submissions received during the advertising period.

CARRIED UNANIMOUSLY 7/0

COMMENT

The section of Coghlan Street proposed to be closed is shown in Attachment 2. The proposed partial road closure was advertised in the Broome Advertiser on 18 October 2018. The 35 day notification period closed on 22 November 2018. No submissions were received.

The resolution of Council made on 27 August 2015 requires a report to be presented on the outcome of the submissions received during the advertising periods. Given that no submissions were received, it is recommended that Council proceeds with the permanent partial road closure of that portion of Coghlan Street as agreed through the Agreement.

CONSULTATION

Under Section 58 of the Land Administration Act 1997 the local government must advertise the proposed road closure for a period of no less than 35 days.

The proposed permanent partial road closure was advertised in the Broome Advertiser on 18 October 2018, and no submissions were received during the 35-day notification period.

STATUTORY ENVIRONMENT

Land Administration Act 1997

58. Closure of roads

(1) When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3), request the Minister to close the road.

(2) When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

(3) A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objections made to it within that period concerning the proposals set out in that notice.

(4) On receiving a request delivered to him or her under subsection (2), the Minister may, if he or she is satisfied that the relevant local government has complied with the requirements of subsections (2) and (3) —

(a) by order grant the request;

(b) direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

(c) refuse the request.

(5) If the Minister grants a request under subsection (4) —

(a) the road concerned is closed on and from the day on which the relevant order is registered; and

(b) any rights suspended under section 55(3)(a) cease to be so suspended.

(6) When a road is closed under this section, the land comprising the former road —

(a) becomes unallocated Crown land; or

(b) if a lease continues to subsist in that land by virtue of section 57(2), remains Crown land.

POLICY IMPLICATIONS

4.1.7 Register of Public Roads

FINANCIAL IMPLICATIONS

Nil.

RISK

Should the Shire refuse to proceed with the proposed road closure, it will be in breach of the Agreement. The Shire may become liable for breach of contract proceedings should this occur. The risk of the Shire being subject to such proceedings should it fail to act in accordance with the Agreement is considered High. To mitigate this risk, the Shire should take all the agreed steps in accordance with the Agreement.

STRATEGIC IMPLICATIONS

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer write to the Department of Planning, Lands and Heritage requesting the Department proceed with the permanent partial road closure of that portion of Coghlan Street as shown in Attachment 2.

Attachments

Heads of Terms Agreement (Confidential to Councillors and Directors Only)

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

Portion of Coghlan Street to be permanently closed

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.5 REQUEST FOR QUOTE 18/103 - HAMERSLEY STREET EXTENSION AND PARKING AREAS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFQ18/103

AUTHOR: Project Engineer

CONTRIBUTOR/S: Manager Engineering

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 December 2018

SUMMARY: This report considers quotations received for Request for Quote (RFQ) 18/103, which is for the extension of Hamersley Street through to Robinson Street and the construction of two parking areas, and seeks Council’s adoption of the recommendation contained within the attached confidential evaluation report.

BACKGROUND

Previous Considerations

OMC 28 June 2018 Item 9.4.4

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

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

COMMENT

Scope of Works

The Shire of Broome is undertaking a major redevelopment of the Town Beach Precinct to improve the connectivity and user enjoyment of the area. The redevelopment will be delivered through multiple packages and contracts over the next 12 months.

A part of the redevelopment is the extension of Hamersley Street, from its current end near the Seaview Shopping area rear entrance, for approximately 250m through to Robinson Street and the construction of two parking areas.

The Shire of Broome issued RFQ18/103 to engage a suitably qualified contractor to undertake the works. The works include:

· Demolition of existing redundant structures;

· Earthworks and vegetation clearing;

· Installation of conduits for future services;

· Pavement construction;

· Kerbing and footpath installation; and

· Drainage infrastructure.

The Contractor will be responsible for all materials and services required to deliver the works as set out in the contract documentation.

A portion of the project budget will be set aside for the installation of road lighting. This was excluded from this contract scope because of synergies in delivering the lighting with the greenspace element of the Town Beach redevelopment project. However, conduits under the road have been allowed for.

Procurement Process

In accordance with Council’s Purchasing Policy 2.1.2, three quotations were sought for the RFQ. Two submissions received by the closing date of 30 November 2018. The two submissions were assessed against the specified compliance criteria and were deemed to be compliant.

Value for Money Assessment

In accordance with Council’s Purchasing Policy 2.1.2, officers utilised a value for money assessment to determine the most advantageous submission through a formal evaluation process.

This included an assessment of the following qualitative criteria:

· Construction Methodology – 25%

· Construction Program – 20%

· Relevant Experience – 20%

· Key Personnel and Plant– 20%

· Safety Management and Project Risk Assessment – 15 %

A detailed description of the evaluation process is included within the confidential evaluation report provided for Council’s review and information in Attachment 1.

Construction

Works are programmed to commence in February 2019 and be completed in April 2019.

The works will be directly overseen and managed by the Shire’s Project Engineers.

CONSULTATION

Water Corporation

Nyamba Buru Yawuru

STATUTORY ENVIRONMENT

Local Government Act 1995

3.57 Tenders for providing goods or services

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

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

11. When tenders have to be publicly invited

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

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

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

POLICY IMPLICATIONS

Purchasing 2.1.2

FINANCIAL IMPLICATIONS

The budget for this project is comprised as per the table below.

Funding Type	Source	Account Number	Project Capital Budget
Grant	Main Roads WA	121113	$303,841
Road Reserve	Shire of Broome	121113	$420,000
Municipal	Shire of Broome	121113	$79,021
Grant	DPIRD/DOT	111814030	$340,000
TOTAL			$1,142,862

This budget is to cover all project costs including but not limited to; road construction, design fees, cultural monitor and lighting installation.

A detailed description of the quotation prices and budget implications is included within the confidential evaluation report provided as Attachment 1.

RISK

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

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

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

Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Adopts the recommendation to award the contract for RFQ18/103 Hamersley Street Extension and Parking Areas to ____________________ subject to any required minor variations, as per the confidential evaluation report contained within Attachment 1; and

2. Authorises the Chief Executive Officer to sign the contract documentation.

Attachments

Attachment 1. RFQ18/103 Evaluation Report (Confidential to Councillors and Directors Only)

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

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.6 AMENDMENT TO THE CHINATOWN PARKING AREAS LAYOUT AND TIME RESTRICTIONS PLAN

LOCATION/ADDRESS: Chinatown

APPLICANT: Shire of Broome

FILE: PLA94

AUTHOR: Manager Planning & Building Services

CONTRIBUTOR/S: Engineering Technical Officer

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 November 2018

SUMMARY: The improvement works for Dampier Terrace and Carnarvon Street as part of the Chinatown Revitalisation Project are currently underway. As a result of these works, the distribution of parking stalls through Dampier Terrace and Carnarvon Street will be permanently altered.

Under the Shire of Broome Parking and Parking Facilities Local Law 2012, a resolution of Council is required to determine the type of vehicles and the length of time they are permitted within these stalls. This report recommends that Council adopt the updated Parking Areas Layout and Time Restrictions Plan.

BACKGROUND

Previous Considerations

OMC 3 November 2005 Item 9.5.2

OMC 28 July 2016 Item 9.2.3

OMC 30 August 2018 Item 12.3

Under the provisions of the Shire of Broome Parking and Parking Facilities Local Law 2012 (Local Law), Council may resolve in relation to the following matters relevant to parking stalls and parking facilities:

· The permitted time and conditions of parking in parking stalls and parking facilities;

· Permitted classes of vehicles which may park in the parking stalls and parking facilities; and

· Permitted classes of persons who may park in specified parking stalls and parking facilities.

Such a resolution then enables an ‘Authorised Officer’ (the Rangers) to enforce the provisions of the Local Law.

The Designated Council Parking Areas Layout and Time Restrictions Plan (Parking Plan) was originally adopted by Council in November 2005 and was reviewed in July 2016. As a result of the Chinatown Revitalisation Project, Council at the August 2018 Ordinary Meeting resolved to make some changes to the Parking Plan for the duration of the Dampier Terrace and Carnarvon Street improvements by altering some of the untimed bays to 2-hour parking on the periphery of the works area. The intent behind this amendment was to prevent people from parking in these locations for extended periods and allow a greater number of bays to be available for customer use.

As part of the August 2018 agenda item, it was also foreshadowed that the Parking Plan was being reviewed to include permanent changes to parking stalls that will occur as part of the Chinatown Revitalisation works. It was outlined that this review would also incorporate the comments received from the community during the public consultation undertaken as part of the Chinatown Masterplan and further consultation with the Chinatown Community Stakeholder and Reference Group (CCSRG) and other key stakeholders in the precinct.

COMMENT

As part of the Chinatown Revitalisation works, the following changes have been made to parking stalls:

· Carnarvon Street - 20 parallel bays were removed from the street and the central parking area was redesigned to accommodate a total of 45 parking bays. There has been a net loss of 27 parking bays from this street.

· Dampier Terrace – some of parking stalls have been reorientated. Overall there was a net loss of 11 parking bays from this street.

A design has been prepared for 46 parking bays to be constructed off Sam Su Lane and Male Oval. These works will be undertaken at the same time as the Short Street drainage improvements which is anticipated to occur in quarter 4 of this financial year. The 46 bays are currently shown as ‘future parking’ and once installed, the Parking Plan will be updated to show these bays as unrestricted parking bays.

Other amendments that are proposed through the Parking Plan are detailed in the Table below.

Subject	Amendment Proposed
Scooter/Motorcycle Parking	Clusters of scooter/motorcycle parking has been allocated throughout the precinct, including on Carnarvon Street, opposite the Roebuck Bay Hotel car park and in front of Paspaley Plaza.
Loading Bay	The loading bays previously shown on the plan have been maintained, including a loading bay on Carnarvon Street in front of Yuen Wings store.
Distribution of timed parking	The distribution of timed parking bays throughout the precinct is important to overcome the perception that there is a lack of parking availability if all the central bays are in use. The distribution of timed bays has been selected to encourage long-term/employee parking in the fringe areas and short-term parking in central locations. It is recommended that the current two-hour parking bays be maintained, and additional bays are installed in proximity to the Lookout on the corner of Frederick Street and Dampier Terrace. The option of permanently changing all central parking areas to 2-hour timed parking bays was considered (i.e. to include the bays on the southern portion of Carnarvon Street, immediately to the north of the Napier Terrace roundabout and the central bays along the northern portion of Dampier Terrace). However, at this point it is not recommended that these bays be changed to 2-hour parking. Should the need arise for higher turn-over of parking spaces in this area, the Parking Plan can be amended.
Seasonal Parking	The 2-hour parking bays are proposed to be timed between the months of April to October. This will mean that during the wet-season there will be no timed parking throughout the precinct, with the exception of the 15-minute parking bays proximate to the Post Office. This is recommended as there is less demand for parking during this period.
Bus Stop	Prior to the commencement of works, a bus-stop existed on Carnarvon Street in close proximity to the Red Cross shop. This bay will be removed. It is proposed that this bus bay be relocated to the current site of the Short Street taxi rank. As the design for this has not been completed, these improvements are not shown on the Parking Plan for adoption. This will be presented to Council as an amendment, once the design is finalised and is ready for implementation.
Coach Parking	The coach parking in proximity to Male Oval and the bay near Pearl Luggers and Streeters Jetty will be maintained. The bays shown at the front of the Visitor’s Centre will be maintained for coach parking, however the bays to the immediate north of the Visitors Centre are proposed to be amended to be caravan/RV parking as this area is in proximity to the dump-point. Also, given that the Roebuck Bay Lookout has recently been completed, it is recommended that a coach parking bay be installed on the southern portion of Dampier Terrace, in proximity to the Lookout.
Taxi Rank	The taxi ranks on Dampier Terrace in front of the Roebuck Hotel and Skyla, which come into effect after 6pm will be maintained. The taxi rank currently on Short Street is proposed to be relocated, as Paspaley Plaza management has agreed that this bay can be positioned on their site. This is proposed to become the town-bus stop into the future, however as this design has not been finalised, the plan shows the status-quo being maintained for the time being.
Caravan/RV Parking	It has been raised that there is a lack of caravan/RV Parking throughout the precinct. It is proposed that some of the bays in the parking area proximate to the Visitor’s Centre be allocated for this type of parking. Additional bays have also been allocated to the immediate north of the Visitor’s Centre in proximity to the dump-point. This will be clearly sign posted to encourage patrons travelling with trailers/large vehicles to park in these areas.

The current adopted Parking Plan is contained in Attachment No 1. The proposed updated plan is shown in Attachment No 2.

It is recommended that Council adopt Attachment No 2 as the Parking Plan. The changes will become effective once updated signage has been installed and bays are marked, which is to occur early next year.

As outlined above, future changes to the Parking Plan will occur once the Sam Su Lane parking area has been constructed. Furthermore, the Shire is currently in the process of seeking grant funding to undertake improvements on Short Street to accommodate a cruise ship drop off location and also to alter the existing taxi rank on Short Street to become the town bus stop. Paspaley Plaza management has agreed to a taxi rank being located within the property boundaries, adjacent to the Plaza’s entry from Short Street. As shown in Attachment No 3.

CONSULTATION

A presentation on the Parking Plan and the proposed changes was made to the CCSRG Meeting on 17 September 2018. The members of the group were generally supportive of the proposed changes. Following this meeting, the presentation was circulated to all CCSRG members who were given the opportunity to provide any comments/feedback by 17 October 2018.

The updated Parking Plan was further tabled at the CCSRG meeting on 5 November 2018 with another period to provide comment until 16 November 2018. The CCSRG provided feedback requesting additional allocation for RV/Caravan Parking, that accommodating coach parking proximate to the Lookout be investigated and that 3-hour parking in the periphery central parking area on Carnarvon and Dampier Terrace be allowed. These changes have been accommodated, with the exception of the request relating to 3-hour parking. Parking in this area is recommended to remain untimed at the current time, however the situation will be monitored and the Parking Plan can be amended should the need for timed parking in these areas arise.

Taking onboard this feedback, the Parking Plan was further updated and tabled for discussion at the CCSRG meeting on 26 November 2018, and the Group was generally supportive of the plan. Some members requested that additional Caravan/RV parking bays be accommodated in proximity to the Visitor’s Centre. This has been further investigated by the Infrastructure section and given the turning paths required, it is not possible to accommodate additional bays for these vehicles without redesign of the parking area and expenditure of capital funds (initial estimates are approximately $75,000).

The Shire will monitor the demand and need for parking for RVs and caravans and if demand indicates additional bays are required this can be investigated in the future.

STATUTORY ENVIRONMENT

Local Government Act 1995

Shire of Broome Parking and Parking Facilities Local Law 2012

Part 2 – Parking Stalls and Parking Facilities

2.1 Determination of parking stalls and parking facilities

(1) The Council may by resolution constitute, determine and vary –

(a) parking stalls;

(b) parking facilities;

(c) permitted time and conditions of parking in parking stalls and parking facilities which may vary with the locality;

(d) permitted classes of vehicles which may park in parking stalls and parking facilities;

(e) permitted classes of persons who may park in specified parking stalls or parking facilities; and

(f) the manner of parking in parking stalls and parking facilities.

(2) Where the Council makes a resolution under subclause (1) it shall erect signs to give effect to the determination.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The signage changes required will be met through the current maintenance budget.

RISK

The management and allocation of parking stalls throughout the Chinatown precinct is important to maintain the availability of parking in proximity to businesses. There is a risk if the distribution of timed parking stalls is not adequate, potential customers may be inclined not to access the precinct in favour of other shopping areas that have parking in closer proximity to stores.

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

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

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Pursuant to Clause 2.1(1) of the Shire of Broome’s Parking and Parking Facilities Local Law 2012 adopts the Designated Council Parking Areas Layout and Time Restrictions Plan, dated 21 November 2018 as shown in Attachment No 2.

2. Pursuant to Clause 2.1(2) of the Shire of Broome’s Parking and Parking Facilities Local Law 2012 requests that the Chief Executive Officer erect signs to give effect to the Designated Council Parking Areas Layout and Time Restrictions.

3. Requests that the Chief Executive Officer monitor parking in Chinatown throughout the 2019 dry season to determine whether further amendments are required to the Parking Areas Layout and Time Restrictions Plan.

Attachments

1.	Current Parking Plan
2.	Proposed Parking Plan
3.	Letter from Paspaley Properties

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.9 EXPRESSIONS OF INTEREST FOR SHORT TERM LEASE OF TOWN BEACH CAFÉ

LOCATION/ADDRESS: Portion Reserve 31340

APPLICANT: Various

FILE: LSS034 and LSS287

AUTHOR: Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Report Writer/Evaluation Panel - Nil, Other Officers - as outlined in Attachment 1

DATE OF REPORT: 27 November 2018

SUMMARY: This report considers submissions received from an Expression of Interest (EOI) process for the short-term lease of Town Beach Café and seeks Council’s consideration of the recommendation contained within the attached confidential evaluation report.

BACKGROUND

Previous Considerations

OMC 16 October 1990 Item 3.2

SMC 11 December 1990 Only item

OMC 16 October 1990 Item 3.2

SMC 8 May 1997 Item 4

OMC 23 March 2004 Item 9.1.5

OMC 21 December 2004 Item 9.17

OMC 25 August 2005 Item 9.4.1

OMC 18 September 2005 Changes to SCM 25 August 2005

OMC 3 November 2005 Item 9.4.3

OMC 17 December 2008 Item 9.4.7

OMC 28 October 2010 Item 9.2.6

OMC 17 February 2011 Item 9.2.5

OMC 15 October 2015 Item 9.2.6

Reserve 31340 is vested in the Shire of Broome under Management Order to be used for the purposes of “Drainage, Recreation, Historical and Cultural Display, Caravan Park and Café.”

The Town Beach Café was constructed in 1990/1991 and has been operating in its current location for 27 years. The current lease is set to expire on 27 February 2019. At the 25 September 2018 Workshop of Council, direction was provided to officers to proceed with an EOI process, to seek experienced café operators interested in leasing the premises for a short-term lease.

The EOI process is now complete, and a preferred lessee has been identified, as outlined in Attachment 1. Should Council endorse this recommendation, it is recommended to advertise the proposed lease disposal to the preferred lessee in accordance with section 3.58 of the Local Government Act 1995 (LGA). If no submissions are received from advertising, it is recommended that Council authorise the Chief Executive Officer (CEO) to negotiate the final terms and conditions of the Lease with the preferred lessee.

COMMENT

Key Lease Terms

The following key terms will form part of the lease contract:

· The lease is subject to Minister for Lands Approval

· Term of the lease will be 28 February 2019 – 12 October 2020. This is a short-term Lease 1 year, 7 months and 14 days.

· Tenant to acknowledge that the lease term is less than the minimum of 5 years in accordance with Commercial Tenancy (Retail Shops) Agreements Act 1985 and that they accept the reduced term at their own free will. The Tenant will be required to make an application with the Landlord to the State Administrative Tribunal to approve the reduced term of the lease.

· Commencement Rent at Market at $52,360 + GST

· Tenant to take property on an ‘as is’ basis

· Tenant responsible for fit out

· Tenant responsible for all operational maintenance and repair costs associated with the Premises

· Tenant responsible for all outgoings to Premises

· CPI rent review upon the anniversary of the commencement date.

As outlined above, the proposed term of the lease 1 year, 7 months and 14 days was proposed to coincide with the with the expiry of the adjoining Roebuck Bay Caravan Park Management Lease, being 12 October 2020.

Expressions of Interest

The EOI was advertised on the Shire’s website and was advertised in the Broome Advertiser on the following dates:

· Thursday 11 October 2018

· Thursday 18 October 2018

A non-mandatory site visit was undertaken at the Town Beach Café, on Monday 22 October 2018, and was attended by 3 parties.

The EOI period closed on 25 October 2018 and a total of 5 submissions were received.

It is noted that officers with a conflict of interest or potential perceived conflict of interest, removed themselves from this process either prior to this EOI process being undertaken, or upon receipt of submissions where a number of potential conflicts were identified.

Officers recommend that Council endorse the recommendation contained in the confidential evaluation report contained in Attachment 1 and accordingly, authorise the CEO to advertise the proposed lease disposal in accordance with section 3.58 of the LGA and if no submissions are received, enter into negotiations to finalise the lease of the Town Beach Café.

CONSULTATION

Publicly Advertised Expression of Interest (Broome Advertiser and Shire’s website)

Bruce Chamberlain (on behalf of Bruce and Anne Chamberlain) - the current tenants were kept informed of the process and timelines.

State Administrative Tribunal – Retail Shops

Small Business Development Corporation (WA) – Retail Shops

STATUTORY ENVIRONMENT

Commercial Tenancy (Retail Shops) Agreements Act 1985

Local Government Act 1995

3.58. Disposing of property

(1) In this section —

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

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

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

(a) the highest bidder at public auction; or

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

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

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

(i) describing the property concerned;

(ii) giving details of the proposed disposition; and

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

and

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

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

(a) the names of all other parties concerned;

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

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

(5) This section does not apply to —

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

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

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

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

Land Administration Act 1997

18. Crown land transactions that need Minister’s approval

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) this Act; or

(ii) a prescribed Act;

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

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

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

A certified valuation on 25 September 2018 estimated the market rent for the property at $52,360 per annum exclusive of GST. The tenant will be responsible for all outgoings, operational maintenance and repair during the term of the lease.

While it is standard protocol for the Shire to seek reimbursement from tenants in respect of legal costs to prepare and negotiate lease documentation, the Commercial Tenancy (Retail Shops) Agreements Act 1985 prohibits Landlords from claiming expenses related to retail tenancies.

RISK

This lease falls under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (“the Act”). Ordinarily, the minimum term prescribed for a ‘retail shop’ lease under the Act is 5 years unless a shorter term is agreed by the parties and approved by the State Administrative Tribunal (SAT).

Accordingly, any respondent to the EOI was required to acknowledge in their submission that they accept the reduced term at their own free will, and that they would agree to make an application to SAT to approve the reduced term of the lease. There is still a minor risk that the SAT could reject the application, however, this is unlikely. It is noted that the SAT has previously approved reduced term (<5 years) for the site in the past, and Officers have received verbal confirmation from the Small Business Development Corporation (advisory organisation recommend by SAT) that if the parties were agreeable to a reduced term lease it would likely be approved.

STRATEGIC IMPLICATIONS

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

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

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

Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Endorses the recommendation as contained in the confidential Attachment 1 – Evaluation Report – Expressions of Interest for Short Term Lease Town Beach Café, Town Beach Reserve 31340.

2. Requests the Chief Executive Officer to advertise the Lease of the Town Beach Café to ____________ in accordance with section 3.58 of the Local Government Act 1995 based on a term of 1 year, 7 months and 14 days, at market value of $52,360 plus GST per annum.

3. If no submissions are received from advertising, authorises the Chief Executive Officer to negotiate the final terms and conditions of the Lease with ___________, based on the following:

(a) Term of Lease 28 February 2019 – 12 October 2020;

(b) Commencement Rent at market value, $52,360 plus GST per annum;

(c) Tenant to take property on an ‘as is’ basis;

(d) Tenant responsible for fit out;

(e) Tenant responsible for all operational maintenance and repair costs associated with the premises;

(f) Tenant responsible for outgoings;

(g) CPI rent review upon the anniversary of the commencement date; and

(h) Tenant to acknowledge that the lease term is less than the minimum of 5 years in accordance with Commercial Tenancy (Retail Shops) Agreements Act 1985 and that they accept the reduced term at their own free will. The Tenant will be required to make an application with the Landlord to the State Administrative Tribunal to approve the reduced term.

4. Requests the Chief Executive Officer seek Ministerial approval for the Lease from the Minister for Lands, in accordance with section 18 of the Land Administration Act 1997.

Attachments

Evaluation Report - Expressions of Interest for Short Team Lease Town Beach Cafe, Town Beach Reserve 31340 (Confidential to Councillors and Directors Only)

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.2.10 SUBMISSION - INQUIRY INTO SHORT-STAY ACCOMMODATION IN WA

LOCATION/ADDRESS: N/A

APPLICANT: Economics and Industry Standing Committee

FILE: ECI05

AUTHOR: Manager Planning & Building Services

CONTRIBUTOR/S: Strategic Planning Coordinator

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 3 December 2018

SUMMARY: The Economics and Industry Standing Committee (Committee) is currently calling for submissions to an inquiry into short-stay accommodation in WA.

It is recommended that Council resolve to make a formal submission to the Committee as part of this Inquiry.

BACKGROUND

Previous Considerations

Nil.

Background

The Economics and Industry Standing Committee (Committee) resolved to inquire into short-stay accommodation in Western Australia. In particular, the Committee will inquire into and report on:

1) The forms and regulatory status of short-stay accommodation providers in regional and metropolitan Western Australia, including existing powers available to local government authorities;

2) The changing market and social dynamics in the short-stay accommodation sector;

3) Issues in the short-stay accommodation sector, particularly associated with emerging business models utilising online booking platforms; and

4) Approaches within Australian and international jurisdictions to ensure the appropriate regulation of short-stay accommodation.

The Committee intends to report to the House on the Inquiry’s findings by 27 June 2019.

Submissions are due on Friday, 25 January 2019. Given that there is no Ordinary Council Meeting in January 2019, the submission is being presented for Council endorsement now.

COMMENT

Tourism is a major contributor to the Broome economy and is also a significant contributor to the State’s tourism industry. Tourist accommodation is a vital component of the tourism industry and it is important that this sector is maintained and promoted.

The rise of online booking platforms has provided opportunities for landowners to make rooms, or their entire dwelling, available for short-stay accommodation. The most commonly used booking platforms are ‘Airbnb’ and ‘Stayz’. At the time of writing this report, there were in excess of 175 properties available for short-stay accommodation on the 2 booking platforms within the Broome townsite.

Officers have prepared a draft submission, contained in Attachment No 1. This draft submission provides an overview of the forms and regulatory status of short-stay accommodation providers in Broome and also the existing powers available to the Shire.

In terms of the permissibility of short-stay accommodation developments, the Shire of Broome Local Planning Scheme No 6 (LPS6) is the statutory instrument that controls this. LPS6 prescribes several short-stay accommodation land use types which can be entertained in the different zones in the Shire. Within the townsite of Broome, the Shire has several approved short-stay accommodation providers in the form of resorts, hotels, serviced apartments, caravan parks and backpackers accommodation. These developments generally exist within the Mixed Use, Tourist or a specific Special Use zones under the Scheme.

In the Residential zone in Broome, the only type of short-stay accommodation that the Shire has the discretion to approve is ‘Bed and Breakfast’. In the Shire of Broome, ‘Holiday Home (Large)’ and ‘Holiday Home (Standard)’ land uses are prohibited in the Residential zone. This essentially means that the Scheme allows for rooms in a dwelling to be used for short-stay accommodation as long as the occupier of the dwelling is also living in the house. If a landowner wishes to rent their entire dwelling for short stay accommodation (i.e. unhosted) it is a Holiday Home and is not permitted in the Residential zone.

While this land use is not permitted, a simple search of the online booking platforms for Broome shows a substantial number of landowners are renting out their dwellings for short stay accommodation. The landowners making their entire property available for rent on a short-term basis are undertaking a Holiday Home land use which is not permitted by the Scheme, and therefore is a breach of the Planning and Development Act 2005 (the Act).

What has become evident through discussions with various industry bodies, is that the issue of unregulated short-stay accommodation providers is not isolated to Broome or the State, it is occurring across the world. In WA, the regulation of short-stay accommodation occurs at a local government level, therefore standards and permissibility of land uses vary between local government areas. The State has sought to provide guidance to local governments through the preparation of Planning Bulletin 99 – Holiday Homes – Short Stay Use of Residential Dwellings (https://www.dplh.wa.gov.au/getmedia/53fad456-fd41-400b-a217-3f7682a29b0a/PB_99_Holiday_Homes_Guidelines), however this was prepared in 2009 and does not have formal status in the planning framework.

The prevalence of unregulated short-stay accommodation provides an uneven playing field for the approved accommodation providers. To address this inequality, and also to assist to alleviate the issues that can occur with an upregulated short-stay accommodation sector, the submission suggests that legislation could be introduced to require that online booking platforms have to screen subscribers prior to offering registration on their platforms. This could include mandating the need for subscribers to supply certification from the local government that the premises comply with the relevant planning and building laws, prior to accepting them on the platform. This can also extend to addressing the issues raised by the public surrounding insurance, tax implications and so on. The submission also outlines that a greater level of guidance at the State level is required on short-stay accommodation.

Overall, it is considered important that the Shire articulate the challenges and issues associated with short-stay accommodation that have been raised over time. Therefore, it is recommended that Council make the submission as shown in Attachment 1.

CONSULTATION

Through the engagement undertaken as part of the Shire’s Small Business Friendly initiative, feedback was provided that the Shire should be ensuring that business regulation and policies are uniformly applied and that the Tourism Differential Levy on rates should be applied to all tourism ventures. Implementation of legislation requiring online platforms to screen subscribers and provide certification from local governments should assist to address this feedback provided from the business community.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Local Planning Scheme No 6

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

There are no identified financial implications associated with Council presenting a submission to the Inquiry.

RISK

The following risks have been identified for Council’s consideration. Based on the following analysis it is recommended that Council proceeds with the submission.

*Risk*	*Type*	*Rank*	*Mitigation*
Shire does not make an independent submission to the Inquiry.	Reputational	Medium	Given the impacts of this issue on Broome, and levels of concern raised by sectors of the community, it is recommended that Council makes a submission.
The Shire’s submission is not supported by industry or stakeholder bodies.	Reputational	Low	Similar themes to those identified by the Shire have emerged in the media and in different regions.
The Shire’s feedback makes limited impact.	Reputational	Low	The outcomes and recommendations of the inquiry are being guided by the State Government. The Shire is being proactive by participating in the Inquiry.

STRATEGIC IMPLICATIONS

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

A healthy and safe environment

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

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

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

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

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

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Endorses the submission to the Economics and Industry Standing Committee Inquiry into Short-Stay Accommodation in Western Australia as shown in Attachment 1.

2. Requests that the Chief Executive Officer forward the submission to the Economics and Industry Standing Committee.

Attachments

1.	Draft Submission

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.3.1 REVISION OF THE TOURISM ADMINISTRATION POLICY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ECI05.1

AUTHOR: Manager Community and Economic Development

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 November 2018

SUMMARY: Officers have undertaken a minor review of the Shire’s Policy 3.4.9 Tourism Administration to include responding to the opportunities offered by the cruise ship industry to Broome. This report recommends that Council amend the Tourism Administration Policy, and formally invite Cruise Broome to apply for funding from this program.

BACKGROUND

Previous Considerations

SMC 28 June 2013 Item 9.3.1

OMC 19 December 2013 Item 9.4.9

OMC 23 October 2014 Item 9.1.2

OMC 26 February 2015 Item 9.4.11

OMC 31 March 2016 Item 9.2.3

OMC 14 December 2017 Item 9.3.3

EDAC 5 April 2018 Item 6.2

OMC 26 April 2018 Item 10.4

OMC 30 August 2018 Item 9.3.1

Background

At the Ordinary Meeting of Council (OMC) on 30 August 2018, Council considered an approach by Cruise Broome for financial support following the expiry of the 2016 – 2018 Sponsorship Agreement between the two parties. Cruise Broome had also been declined funding under the Shire’s Economic, Events and Tourism Development (EETD) Program.

Recognising the importance of the growing cruise shipping industry to Broome’s economy and the ongoing efforts of Cruise Broome, Council endorsed a funding allocation of $27,000 for operations between 1 September 2018 and 1 April 2019. This was conditional on the achievement and reporting (due 15 April 2019) of the following key deliverables:

a) Coordination of cruise ship visitor welcome activities;

b) Sound governance;

c) Marketing, promotion and sponsorship acknowledgement;

d) Capacity building of local businesses;

e) Review of cruise ship visitor servicing model; and

f) Coordination and collaboration with key stakeholders.

COMMENT

Cruise Shipping

The importance of the cruise sector to both Broome and the State is highlighted within the State Government’s Two Year Action Plan for Tourism West Australia – 2018 and 2019. The Action Plan includes specific actions relating to establishing Broome as a desirable and accessible circumnavigation port and touchpoint destination for new cruise lines. The importance of the industry was confirmed by the holding of the Australian Cruise Association Conference in Broome in September 2018.

The Australian Cruise Association reported that during 2016/17, the total economic impact from 22 days of large cruise ship visits totaled $9.94 million. Small and micro cruise ships make a further contribution which has yet to be quantified.

The Shire has a key role to play by supporting the continued development of a welcoming place for cruise visitors, and representation of Broome as a desirable destination for cruise ship visits.

Cruise Broome

Cruise Broome was incorporated on 6 December 2016. Its progress reports to the Shire and engagement with Tourism WA indicate the organisation has made positive progress in the following areas:

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

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

· Facilitating a welcoming experience for cruise passengers;

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

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

The most recent funding agreement between the Shire and Cruise Broome was endorsed by Council at the OMC of 30 August 2018, and included a condition to “engage with the Shire to review, investigate and develop the most efficient model for cruise ship servicing and advocacy in Broome, which may or may not include the current arrangements.”

The Chair of Cruise Broome and the Shire’s Manager of Community and Economic Development met on 8 October 2018. The meeting explored a range of different models, with various levels of support and involvement from local government and other tourism bodies. It was identified that the current model offered the following key strengths which could be impacted should the model deviate:

· Autonomy and ability to quickly respond to opportunities or issues;

· Clear vision and purpose;

· Simple and effective governance model; and

· Established relationships with other key stakeholders in the cruise industry.

Following this meeting, officer’s commenced a review of the Shire’s funding streams to determine a suitable opportunity for Council to consider funding Cruise Broome. The likely amount to be requested and use of the funding precludes the application from being considered within the Community Sponsorship Program or EETD Program.

Following this review and previous engagement with the Shire’s Economic Development Advisory Committee (EDAC), officers determined that a minor revision to the Policy 3.4.9 Tourism Administration would be the most suitable for the following key reasons:

· alignment with the purpose of the Tourism Administration Policy;

· the significance of the ongoing contribution and future opportunities for Broome from the cruise ship industry; and

· it is important for local governments to provide financial support based on other visitor servicing models throughout the State.

These results were subsequently presented to the Council Workshop on 15 October 2018. This workshop was attended by Councillors Tracey, Fairborn, Rudeforth, Mitchell, Fryer, Matsumoto and Marriot.

Policy 3.4.9 Tourism Administration

The table below summarises the proposed changes to the content of the Tourism Administration Policy. A ‘clean’ copy of the policy is included as Attachment 1 to this report. A ‘tracked changes’ copy is included as Attachment 2.

Proposed Change		Rationale
1	Addition of ‘Cruise Ship Services’ to focus areas for funding.	Reflects significant tourism impact of cruise ships to Broome, and provides opportunity for Cruise Broome to seek Shire of Broome support.
2	Minor edits (various)	Editing and corrections

Summary

The addition of Cruise Ship services (and therefore Cruise Broome) as eligible for funding under the Tourism Administration Policy is considered by officers to be justified by the significant benefits delivered to the tourism and economic development sectors of Broome.

Officers believe benefits offered by the substantial nature of the financial contribution of this industry outweigh the minor impact of reducing the amount of funding available for other applicants under the current budgets for the Tourism Administration Policy and EEDT Program.

It is also noted that officers will be commencing a review of the sum certain within the Tourism Administration Policy as part of the 2019/2020 budget, and this may impact on the total amount of funding available for the Tourism Administration Policy and EEDT Program.

CONSULTATION

Cruise Broome

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

3.4.9 Tourism Administration

FINANCIAL IMPLICATIONS

Cruise Broome will have the opportunity to apply for funding which is based on the sum certain set by Council as part of the differential rating scheme in budget deliberations ahead of each financial year.

The sum certain, which was set at $315,000 in FY 2017/18, is currently distributed by resolution of Council to BVC and ANW who are named in the Tourism Admin policy as eligible organisations. The balance of unallocated funding in FY 2017/18 ($40,000) was added to the available funds distributed through the EETD.

RISK

Option	Risk	Type	Impact	Mitigation
Revise the Tourism Administration Policy as recommended	Dissatisfaction from other potential or current applicants	Reputational	Low	Clearly communicate the reasoning of the revision to stakeholders
	Perception of fairness and transparency	Reputational	Low	Clearly communicate the conditions of the allocation to stakeholders.
	Cruise Broome does not achieve deliverables	Reputational	Low	Conditions and KPIs are set for recipients of this funding, and reported back to Council at regular intervals.
	Potential for less available funding for other applicants through the Tourism Administration Policy and Events, Economic and Tourism Development Program.	Financial	Medium	Undertake a review of the sum certain within the Tourism Administration Policy, and consider appropriate total funding for this and the Events, Economic and Tourism Development Program as part of the 2019/2020 budget process.
Decline to revise the Tourism Administration Policy to include cruise ship servicing	Applicant does not meet key criteria in previous agreement, and application now falls outside of formal funding rounds	Reputational	Medium	In this instance, if Council wished to support Cruise Broome then an application would be required to be lodged outside of the established rounds.
	Applicant applies to the Shire outside of established funding rounds	Reputational	Medium	While it would be open to Council to determine if it wished to support an applicant in this instance, this approach may lead to dissatisfaction due to an inconsistent approach.
	Broome’s momentum in developing the cruise industry is damaged	Reputational Financial	High	Provide funding to Cruise Broome to allow for continuation of operations and advocacy.

STRATEGIC IMPLICATIONS

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

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

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

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

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

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council adopts the amendments in Part A of Policy 3.4.9 – Tourism Administration as contained within Attachment 1 to this report, and notes the Management Procedures in Part B.

Attachments

1.	Policy 3.4.9 Tourism Administration CLEAN
2.	Policy 3.4.9 Tourism Administration TRACKED CHANGES

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.4.1 MONTHLY PAYMENT LISTING - NOVEMBER 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: 5 December 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 November 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 & BPAY), cheque, credit card or direct debit.

Attached is a list of all payments processed under delegated authority during the month of November 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 November 2018 after $884,312.87 in personnel payments, $262,265.09 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 November 2018 totalling $7,323,775.86 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a. EFT Vouchers 48056 – 48703 & BPAY 25530 totalling $7,071,977.80;

b. Municipal Cheque Vouchers 57550 – 57551 totalling $7,448.25;

c. Trust Cheque Vouchers 3453 – 3453 totalling $200; and

d. Credit Card Payments & Municipal Direct Debits DD255511.1– DD25671.9 totalling $244,149.81.

2. Notes the local spend of $4,193,224.23 included in the amount above, equating to 67.88% of total payments excluding personnel, utility and other external sole supplier costs.

Attachments

1.	Monthly Payment Listing November 2018
2.	Local Spend Payment Listing November 2018

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 30 November 2018

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 November 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 41.92%

Total Rates Raised Revenue 100% (of which 73.1% has been collected)

Total Other Operating Revenue 39%

Total Operating Expenditure 38%

Total Capital Revenue 17%

Total Capital Expenditure 19%

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 30 November 2018; and

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 November 2018.

Attachments

1.	Monthly Financial Report - November 2018
2.	Schedule 2
3.	Schedule 3 - 16

Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2018

PDF Creator

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.4.5 INTEGRATED PLANNING AND REPORTING FRAMEWORK - STRATEGIC COMMUNITY PLAN AND CORPORATE BUSINESS PLAN REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM20

AUTHOR: Manager Governance

CONTRIBUTOR/S: Director Corporate Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 November 2018

SUMMARY: Council is requested to consider the adoption of the Shire of Broome’s Strategic Community Plan 2019-2029 and Corporate Business Plan 2019-2023.

BACKGROUND

Previous Considerations

OMC 7 September 2004 Item 9.1.3

OMC 30 November 2004 Item 9.1.5

OMC 15 February 2007 Item 9.1.2

OMC 5 July 2007 Item 9.1.2

OMC 17 February 2011 Item 9.1.2

OMC 7 July 2011 Item 9.2.1

SMC 27 June 2013 Item 9.1.1

OMC 17 October 2013 Item 9.4.4

SMC 19 February 2015 Item 6.4.1

OMC 30 June 2016 Item 9.4.7

OMC 15 December 2016 Item 9.4.6

All local governments in Western Australia are required to develop a Plan for the Future as prescribed under section 5.56(1) of the Local Government Act 1995 (Act). In 2011, amendments were made to the Local Government (Administration) Regulations 1996 (Regulations), specifically the inclusion of regulation 19BA which in summary states that a Plan for the Future is to incorporate a Strategic Community Plan (SCP) and a Corporate Business Plan (CBP).

The SCP provides the long term view (10 plus year timeframe) for the Shire and sets out the vision, aspirations and objectives of the community. Council adopted the initial Strategic Community Plan 2013-2023 at a Special Meeting of Council held 27 June 2013.

Regulation 19C(4) of the Regulations requires the SCP to be reviewed at least every 4 years. It is noted that the Department of Local Government Sport and Cultural Industries (DLGSC) Integrated Planning and Reporting Framework and Guidelines include a minor review be undertaken every two years. A major review of the SCP was undertaken in late 2016 with Council adopting the reviewed documents at the Ordinary Meeting of Council held 15 December 2016. This minor review has been undertaken in accordance with the Guidelines.

The CBP is responsible for translating the strategic direction of the Shire, articulated within the SCP, into specific priorities and actions at an operational level. The CBP also draws together actions contained within the Long Term Financial Plan (LTFP), Capital Works Programs and various informing strategies. It provides a medium term snapshot of operational actions and priorities to inform the annual planning and budgeting process. The CBP is required to be reviewed annually in line with the budget process to ensure priorities are achievable and effectively timed. As part of this review consideration has been given to the LTFP.

COMMENT

A workshop to review the SCP and CBP was held with Councillors and Executive Management on Monday 29 and Tuesday 30 October 2018. Councillors Tracey, Foy, Fryer, Marriott (Monday only) and Mitchell were in attendance.

At the workshop Councillors were provided with presentations on the Asset Management Plan, Long Term Financial Plan and Reserve Analysis and also undertook a review of the:

· SCP Strategies and Actions;

· Long Term Financial Plan (including Additional Operating Expenditure); and

· Current projects.

As this is a minor review with no proposed changes to the Vision, Mission, Values, Objectives and Outcomes, the community engagement undertaken to inform the 2017-2027 SCP continues to inform the reviewed document. The community will be engaged and consulted during the major strategic review to inform the development of the SCP 2021-2031.

In preparation for the Councillor workshop, Executive and staff undertook a review of the CBP Actions. The Actions contained within the CBP guide the organisation towards achieving the strategic Objectives, Outcomes and Strategies listed within the SCP.

A summary of the proposed changes to the Strategies contained within the SCP and the Actions contained within the CBP was presented to Council at a workshop held 20 November 2018 (refer Attachment 3). Councillors Tracey, Marriott, Fryer and Rudeforth were in attendance. The changes to the SCP were considered minor and related to changes to strategy wording or relocating/renumbering of existing strategies. The changes to the CBP incorporated the changes to the SCP Strategies and included changes to Action wording, relocating/renumbering of existing actions and the inclusion of the following proposed new actions.

Action #	Action
1.1.2.4	Engage the community in Council decision making
1.1.2.5	Review and update the Corporate Communications Strategy
1.2.1.6	Advocate for a regional approach to alcohol management in collaboration with key stakeholders
1.4.1.7	Complete BRAC outdoor multipurpose court upgrade
1.4.2.3	Identify and implement operational efficiencies and process improvements at the Broome Recreation and Aquatic Centre
1.4.3.8	Implement place making activities to support the activation of the precincts
1.4.4.2	Work with local sporting clubs to attract and promote regional sporting competitions and events
1.5.3.5	Implement community education programs related to Environmental Health initiatives e.g. food safety, caravan parks, mosquito management
1.5.3.6	Implement community education programs related to Ranger initiatives e.g. bushfire mitigation, responsible pet ownership, parking
2.5.1.5	Undertake feasibility study for Dinosaur Trackway Interpretive Centre/Trail
3.1.1.6	Develop Broome Waste Strategy
3.1.3.1	Develop a business case for the construction of a safe boat harbour in Broome
3.1.4.1	Support Nyamba Buru Yawuru to develop a Cultural Centre
3.1.4.2	Partner with Nyamba Buru Yawuru to develop a Repatriation Area within the Broome Cemetery
3.1.4.3	Explore partnership opportunities to develop Roebuck Bay Caravan Park and Sanctuary Road Caravan Park
3.3.3.3	Continue to promote and encourage participation in the Shire’s Economic, Events and Tourism Development Grant Funding Program
4.1.5.2	Utilise online services to improve transactional interactions
4.3.1.3	Ensure timely preparation, adoption and availability of annual budget

In line with the principles of the Integrated Planning Framework, the Shire of Broome’s informing strategies are continually under review with full regard for Council’s LTFP.

The LTFP has been reviewed with consideration for the revised SCP and CBP. The LTFP has been balanced with the intent to reduce the reliance on Reserve Funding, to fund in the first instance, the Shire’s Capital Renewal program. Funding of renewal expenditure through Municipal Funds provides for long term financial viability. In order to balance the LTFP, and ensure financial sustainability into the future, an annual rates increase of 1% per annum above inflation has been incorporated.

Capital projects whose funding model has included developer contributions via the Developer Contribution Plan have also been scheduled to occur after the 24/25 financial year due to the uncertainty surrounding the amount of developer contribution funds available in the earlier years of the plan. The Chief Executive Officer will provide further reports to Council to address savings and assumptions informing the Annual Budget process.

Both the Strategic Community Plan 2019–2029 and the Corporate Business Plan 2019-2023 are proposed to be effective 1 July 2019, with the CBP informing the annual budget process. It must be noted that budget allocations are only formally endorsed through the adoption of the annual budget.

CONSULTATION

As this is a minor review with no proposed changes to the Vision, Mission, Values, Objectives and Outcomes, the community engagement undertaken to inform the 2017-2027 SCP continues to inform the reviewed documents. The community will be engaged and consulted during the major strategic review to inform the development of the SCP 2021-2031.

Local public notice of the reviewed documents will be placed in the Broome Advertiser, and on the Shire Administration and Library notice boards. The documents will be available on the Shire’s website, or in printed format on request.

STATUTORY ENVIRONMENT

Local Government Act 1995

5.56. Planning for the future

(1) A local government is to plan for the future of the district.

(2) A local government is to ensure that plans made under subsection (1) are in accordance with any regulations made about planning for the future of the district.

[Section 5.56 inserted by No. 49 of 2004 s. 42(6).]

Local Government (Administration) Regulations 1996

19BA. Terms used

In this Part —

corporate business plan means a plan made under regulation 19DA that, together with a strategic community plan, forms a plan for the future of a district made in accordance with section 5.56;

strategic community plan means a plan made under regulation 19C that, together with a corporate business plan, forms a plan for the future of a district made in accordance with section 5.56.

[Regulation 19BA inserted in Gazette 26 Aug 2011 p. 3482-3.]

19CA. Information about modifications to certain plans to be included (Act s. 5.53(2)(i))

(1) This regulation has effect for the purposes of section 5.53(2)(i).

(2) If a modification is made during a financial year to a local government’s strategic community plan, the annual report of the local government for the financial year is to contain information about that modification.

(3) If a significant modification is made during a financial year to a local government’s corporate business plan, the annual report of the local government for the financial year is to contain information about that significant modification.

[Regulation 19CA inserted in Gazette 26 Aug 2011 p. 3483.]

19C. Strategic community plans, requirements for (Act s. 5.56)

(1) A local government is to ensure that a strategic community plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

(2) A strategic community plan for a district is to cover the period specified in the plan, which is to be at least 10 financial years.

(3) A strategic community plan for a district is to set out the vision, aspirations and objectives of the community in the district.

(4) A local government is to review the current strategic community plan for its district at least once every 4 years.

(5) In making or reviewing a strategic community plan, a local government is to have regard to —

(a) the capacity of its current resources and the anticipated capacity of its future resources; and

(b) strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and

(c) demographic trends.

(6) Subject to subregulation (9), a local government may modify its strategic community plan, including extending the period the plan is made in respect of.

(7) A council is to consider a strategic community plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

(8) If a strategic community plan is, or modifications of a strategic community plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

(9) A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a strategic community plan and when preparing modifications of a strategic community plan.

(10) A strategic community plan for a district is to contain a description of the involvement of the electors and ratepayers of the district in the development of the plan or the preparation of modifications of the plan.

[Regulation 19C inserted in Gazette 26 Aug 2011 p. 3483-4.]

19DA. Corporate business plans, requirements for (Act s. 5.56)

(1) A local government is to ensure that a corporate business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

(2) A corporate business plan for a district is to cover the period specified in the plan, which is to be at least 4 financial years.

(3) A corporate business plan for a district is to —

(a) set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

(b) govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

(c) develop and integrate matters relating to resources, including asset management, workforce planning and long‑term financial planning.

(4) A local government is to review the current corporate business plan for its district every year.

(5) A local government may modify a corporate business plan, including extending the period the plan is made in respect of and modifying the plan if required because of modification of the local government’s strategic community plan.

(6) A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

(7) If a corporate business plan is, or modifications of a corporate business plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

[Regulation 19DA inserted in Gazette 26 Aug 2011 p. 3484-5.]

19D. Adoption of plan, public notice of to be given

(1) After the adoption of a strategic community plan, or modifications of a strategic community plan, under regulation 19C, the local government is to give local public notice in accordance with subregulation (2).

(2) The local public notice is to contain —

(a) notification that —

(i) a strategic community plan for the district has been adopted by the council and is to apply to the district for the period specified in the plan; and

(ii) details of where and when the plan may be inspected;

(b) where a strategic community plan for the district has been modified —

(i) notification that the modifications to the plan have been adopted by the council and the plan as modified is to apply to the district for the period specified in the plan; and

(ii) details of where and when the modified plan may be inspected.

[Regulation 19D inserted in Gazette 31 Mar 2005 p. 1033‑4; amended in Gazette 26 Aug 2011 p. 3486.]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The CBP is designed to deliver on the Outcomes and Strategies identified in the SCP. The LTFP has been amended and takes into consideration the reviewed documents. The revised financial schedule forms Attachment 3 to this report. The key assumption that differs from Council’s adopted LTFP is an annual rates increase of 1% per annum above inflation, as opposed to the original 2%. The revised document includes reviewed allocations towards asset management and a reduced reliance on Reserve funding towards asset renewal expenditure. The assumptions proposed in the LTFP will ensure that financial sustainability for the Shire is maintained in the longer term.

Whilst the LTFP is one of the main drivers and guides the annual budget process, it does not preclude the need for Council to formally adopt the annual budget each year.

RISK

Regulation 19C(4) of the Local Government (Administration) Regulations 1996 requires a local government to review the current Strategic Community Plan for its district at least once every four years. The last major review was undertaken and considered by Council at the OMC held 15 December 2016. There is no risk associated with this review of the SCP as a minor (desktop) review is not a regulatory requirement.

Regulation 19DA(4) of the Local Government (Administration) Regulations 1996 requires a local government to review its current corporate business plan every year. The risk is extreme if this review is not undertaken as it results in non-compliance with the regulations.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activities for Broome and the North West

A healthy and safe environment

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome:

Realistic and sustainable land use strategies for the Shire within State and National frameworks and in consultation with the community

A built environment that reflects tropical climate design principles and the Broome vernacular

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

A preserved, historical and cultural heritage of Broome

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

Core asset management to optimise Shire’s infrastructure whilst minimising life cycle costs

Our Prosperity Goal – Create the means to enable economic diversity, growth 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

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Adopts the Shire of Broome Strategic Community Plan 2019-2029 as contained within Attachment 1;

2. Adopts the Shire of Broome Corporate Business Plan 2019-2023 as contained within Attachment 2;

3. Provides Local Public Notice of the adoption of the reviewed plans; and

4. Notes the revised Long Term Financial Plan schedule as contained within Attachment 4, and supports the implementation of the adjusted document.

(Absolute Majority Required)

Attachments

1.	Draft Strategic Community Plan 2019-2029
2.	Draft Corporate Business Plan 2019-2023
3.	Summary of Changes
4.	Forecast Statement of Funding 2019-2023

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.4.6 REQUEST FOR QUOTE 18-93 TYRE REMOVAL LOT 400 BUCKLEY'S ROAD

LOCATION/ADDRESS: Reserve 51151

APPLICANT: Nil

FILE: RFQ18-93

AUTHOR: Waste Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 November 2018

SUMMARY: This report requests Council to approve a budget amendment with respect to Request for Quote 18-93 (RFQ18-93) Tyre Removal at Lot 400 Buckley’s Road.

Do not delete this line

BACKGROUND

Previous Considerations

Nil

Tyres are classified as a controlled waste, and generally cannot be disposed of at a Class I, II or III landfill. The Shire of Broome Waste Management Facility (WMF) is a class II landfill and tyres are separated from general waste and stockpiled at Reserve 51151 otherwise known as Lot 400 Buckley’s Road (Lot 400).

Lot 400 is licenced to hold up to 5000 tyres. A volumetric survey of the tyre area was completed in March 2018, and it was estimated there were 6,500 cubic metres of tyres onsite. It is estimated that Lot 400 has surpassed its licensed capacity for tyres and the volume is required to be reduced to maintain compliance with the Department of Water and Environmental Regulation (DWER) license.

Officers undertook a Request for Quote process to engage a suitable contractor to remove the tyres from site, in an environmentally sustainable manner. It is estimated that 193 tonnes of tyres will need to be removed from Lot 400 to achieve compliance with licensing and return tyre holdings to a sustainable level. The estimated project cost is $145,000 (exc GST) however the available budget is $71,500 (exc GST). It is therefore recommended that Council approve a budget amendment to transfer $73,500 from the Waste Reserve 101515 to expenditure account 101023 Commercial Recycling to facilitate the disposal of a sufficient volume of tyres to achieve compliance.

COMMENT

Request for Quote Process

The request for quote process was undertaken in accordance with the Council Policy 2.1.2 - Purchasing.

RFQ18-93 was issued to 3 contractors and included the following scope of work:

· collection;

· transport;

· processing; and

· reporting on the quantities and fate of the tyres.

Any quotes received were to be assessed against the following qualitative criteria:

· Sustainability outcomes

· Previous Experience

· Respondents resources

One submission was received by the deadline from Tyrecycle. Officers determined that Tyrecycle’s quotation represented value for money based on an assessment of their qualitative criteria and schedule of rates. The contract was subsequently awarded to Tyrecycle to a maximum value of $71,500 (exc GST).

Given that the estimated project cost based on the estimated volume of tyres is now in excess of the available budget, additional funds are required to achieve compliance with licensing and return tyre holdings to a sustainable level. It is therefore recommended that Council approve a budget amendment of $73,500, to increase Tyrecycle’s maximum contract value from $71,500 to $145,000 (exc GST).

CONSULTATION

Tyrecycle

MNG Surveyors

STATUTORY ENVIRONMENT

Local Government Act 1995

Environmental Protection Regulations 1987

Environmental Protection Regulations 2004

Environmental Protection Act 1986

Waste Avoidance and Recovery Act 2007

POLICY IMPLICATIONS

Purchasing Policy 2.1.2

FINANCIAL IMPLICATIONS

Total income received from tyre disposal fees and charges since 2014 is $182,652. This income has been transferred annually to the Waste Reserve 101515. In 2017/18 expenditure account 101023 Commercial Recycling was allocated a budget of $143,000 (exc GST) for the removal and recycling of tyres from Lot 400. However, a contract was not entered during 17/18 for this purpose and the balance of account 10123 was returned to the Waste Reserve.

The 2018/19 expenditure account 101023 Commercial Recycling has an allocation of $71,500 (exc GST) for the same purpose.

The volumetric survey undertaken in early 2018 has highlighted that the volume of tyres required to be removed and recycled to achieve a compliant and sustainable volume will be greater than $71,500 (exc GST). This is primarily due to the failure to engage a competent contractor in the 17/18 financial year.

The estimated project cost is $145,000 (exc GST) however the available budget is $71,500 (exc GST). It is therefore recommended that Council approve a budget amendment to transfer $73,500 from the Waste Reserve 101515 to expenditure account 101023 Commercial Recycling to facilitate the disposal of a sufficient volume of tyres.

RISK

The risk associated with non-compliance with the landfill licence is high. It is estimated that the number of tyres onsite is over the licencing limit.

The risk of environmental damage is also considered high if the tyres are not removed from site. Tyres are classified as a controlled waste which may cause environmental or health risks. As the number of tyres onsite is large, the environmental risk is also seen as high.

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

A healthy and safe environment

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

Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.

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

Affordable and equitable services and infrastructure

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council approves a budget amendment to transfer $73,500 from the Waste Reserve 101515 to expenditure account 101023 Commercial Recycling, to increase Tyrecycle’s contract to a maximum contract value of $145,000 (exc GST).

(Absolute Majority Required)

Attachments

There are no attachments for this report.

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

9.4.7 VARIATION AND EXTENSION OF MANAGEMENT ORDER OVER RESERVE 51151, LOT 400 BUCKLEYS ROAD TOGETHER WITH DEED OF AGREEMENT WITH LANDCORP

LOCATION/ADDRESS: Lot 400 on Deposited Plan 72930, otherwise known as Lot 400 Buckleys Road Bilingurr

APPLICANT: Nil

FILE: RES51151, RES 40813

AUTHOR: Waste Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 3 December 2018

SUMMARY: The Shire has been granted a Management Order (MO) over Crown Reserve 51151, otherwise known as Lot 400, Buckleys Road. The Management Order permits the use of land for “Sanitary Site and Disposal of Greenwaste” and is set to expire on the 31 March 2022.

Upon the termination or surrender of the MO it is intended that the Land will be transferred to Landcorp by the State for future development by Landcorp for residential use.

Officers are proposing an extension and variation to the MO as follows:

a) extend the term of the MO until 31 March 2025; and

b) vary the use set out in the MO, to allow for the storage of car bodies.

The Shire and LandCorp have agreed to enter into a Deed of Agreement to record the terms upon which the MO may be varied and the use of the land by the Shire to mitigate any potential contamination of the land.

Council is asked to endorse the Deed of Agreement between LandCorp and request that the Department of Planning, Lands and Heritage extend and vary the terms of the MO over Reserve 51151 as set out in this report.

BACKGROUND

Reserve 51151 (Lot 400) was set apart in 2014 for the purpose of “Sanitary Site and Disposal of Greenwaste”, with a Management Order M724606 issued in favour of the Shire of Broome.

The Shire also holds an environmental licence from the Department of Water and Environmental Regulation (DWER) on the same land, for crushing of building material, used tyre storage, solid waste deposit for storage of waste, green waste, and compost manufacturing and soil blending.

Lot 400 was created to extend the life of the main Shire of Broome Landfill at Reserve 40813 while a new landfill site was located, by allowing the separation of greenwaste, metal, concrete, tyres and glass.

Upon the termination or surrender of the MO it is intended that Reserve 51151 will be transferred to LandCorp by the State for future development by LandCorp for residential use.

COMMENT

The main Landfill at Reserve 40813 is approaching the end of its current capacity and it is critical Council continues to implement initiatives to reduce waste to the landfill to ensure sufficient time is available to establish the new Regional Resource Recovery Park.

A key initiative is the recycling of car bodies which has been undertaken for many years.

Currently vehicles are stockpiled on the Landfill in a cyclone prone area, next to a gas plant which was assessed by Council officers recently as high risk. There are no other identified areas on the current Landfill footprint that allow for car storage and processing, and accordingly officers are proposing to transfer the storage of car bodies to Lot 400.

At the same time, it was identified in light of the progress of negotiations with respect to the new Landfill site, the Shire will be required to keep using the current Landfill for as long as possible, Therefore, an extension will be needed in the MO for Lot 400 which is due to expire on 31 March 2022. Therefore, officers are also proposing to make an application to the Department of Planning, Lands and Heritage to extend MO until 2025.

Officers approached LandCorp with the proposed changes to the MO. LandCorp have set out the terms upon which the MO may be varied and extended in a Deed of Agreement (See attachment) which ensures that the Shire undertakes various actions to mitigate the potential for contamination of the land by the storage of car bodies.

The mitigation actions proposed in the Deed of Agreement by LandCorp are generally consistent with what the Shire is already required to do pursuant to its environmental licence with DWER. Additional actions that sit outside the current environment licence. (ie clause 2.1 (e)) are considered reasonable and acceptable, and can be accommodated within the existing operations and budget for the Landfill

Accordingly, officers recommend Council:

a) Endorses the Deed of Agreement with LandCorp and authorises the CEO and Shire to execute document; and

b) Requests that the Department of Planning, Lands and Heritage:

i) extend the term of the MO until 31 March 2025; and

ii) vary the use of the land set out in the MO to allow for the storage of car bodies.

CONSULTATION

LandCorp

Talis Consultants

STATUTORY ENVIRONMENT

Local Government Act 1995

Environmental Protection Regulations 1987

Environmental Protection Regulations 2004

Environmental Protection Act 1986

Waste Avoidance and Recovery Act 2007

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

If the MO was not extended, Lot 400 would close prior to the landfill closure. The landfill would then need to accept the large volumes of green waste, metal and concrete, tyres and glass it currently separates and reuses, resulting in the closure of the landfill much earlier than planned. At present the Shire has not secured a new landfill site, and therefore the possibility of having to transport waste to another Council area is high. There are large costs associated with removal of waste from Broome to another Council area.

There will be some costs associated with the additional mitigation measures that the Shire has been requested to undertake pursuant to the Deed of Agreement with LandCorp, however, these can be accommodated within the landfill operational budgets.

RISK

The risk associated with leaving the car bodies on the top of the landfill in a cyclone prone area, and in close proximity to a major gas plant, is high. Further, there is a high risk that closing Lot 400 earlier than the landfill site, will decrease the space in the landfill. This may result in the closure of the landfill earlier than anticipated and result in the transportation of waste out of the Council area.

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

A healthy and safe environment

Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.

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

Affordable and equitable services and infrastructure

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Improved systems, processes and compliance

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

Absolute Majority

REPORT RECOMMENDATION:

That Council:

a) Endorses the Deed of Agreement between LandCorp and the Shire of Broome and authorise the Chief Executive Officer and Shire President to execute the document and affix the common seal;

b) Requests that the Chief Executive Officer request the Department of Lands, Planning and Heritage to vary and extend Management Order M724606 over Reserve 51151 to:

i) extend the term until 31 March 2025; and

ii) vary the use of the land to allow for the storage of car bodies.

(Absolute Majority Required)

Attachments

1.	Deed of Agreement between LandCorp and the Shire of Broome

Agenda – Ordinary Meeting of Council 13 December 2018 Page 0 of 1

10.1 YAWURU PARK COUNCIL MEETING MINUTES 7 NOVEMBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: NAT55.1; NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 16 November 2018

SUMMARY: This report provides Council with a progress report for the Yawuru Park Council (YPC), comprising the draft Minutes and associated recommendations of the YPC meeting held on 7 November 2018.

BACKGROUND

Previous Considerations

OMC 15 March 2012 Item 9.2.5

SMC 29 May 2013 Item 9.2.1

OMC 27 November 2014 Item 10.2

OMC 25 June 2015 Item 10.4

OMC 26 November 2015 Item 9.2.4

OMC 28 July 2016 Item 10.2

OMC 25 August 2016 Item 10.1

OMC 15 December 2016 Item 10.1

OMC 27 April 2017 Item 10.1

OMC 28 September 2017 Item 10.1

OMC 22 February 2018 Item 10.3

OMC 28 June 2018 Item 10.1

OMC 25 October 2018 Item 10.1

The Yawuru Park Council (YPC) has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of Yawuru Registered Native Title Body Corporate/Nyamba Buru Yawuru Ltd Representatives (Yawuru), delegates from the Department of Biodiversity, Conservation and Attractions (DBCA) and Shire of Broome representatives. Through the YPC, these 3 organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.

The following table outlines the 4 land/sea management areas within the Conservation Estate, including the bodies with direct management responsibility for each area:

Conservation Estate Area	Management responsibility
Minyirr Buru (Townsite Areas)	Yawuru and the Shire
Guniyan Binba (located approximately 600 metres north of the rocks at Cable Beach) (Cable Beach Intertidal Zone)	Yawuru, the Shire and DBCA
Birragun (Out of town Areas)	Yawuru and DBCA
Nagulagun (Marine Park Areas)	Yawuru and DBCA

The following are the current representatives on the YPC:

Yawuru Representatives: Debra Pigram (Chair), Maxine Charlie and Dean Mathews.

Yawuru Proxies: Michael Corpus, Susan Edgar, Rosemary Coffin, Ben Dolby and Darren Puertollano.

Shire Representatives: Cr Harold Tracey, Sam Mastrolembo and Aletta Nugent

Shire Proxies: Cr Warren Fryer, Coordinator Strategic Planning (proxy for Aletta Nugent) and Land Tenure Officer (proxy for Sam Mastrolembo)

DBCA Representatives: Alan Byrne, Darren Stevens and Daniel Balint.

DBCA Proxies: Anthony Richardson, Craig Olejnik and Luke Puertollano

The Joint Management Agreement and Assistant Agreement form part of the ILUAs. In accordance with section 9.3 of the Management Agreement, the Parties (Yawuru RNTBC, DBCA and Shire of Broome) must ensure their Representative Members and proxies are available and authorised to carry out their functions as set out in the Joint Management Agreement and the Terms of Reference, therefore, Minutes are for Council’s noting.

YPC minutes were last presented to Council for endorsement at the Ordinary Meeting of Council (OMC) on 25 October 2018 which included minutes for the YPC meeting held on 5 September 2018. Since the OMC on 25 October 2018, the YPC met on 7 November 2018.

COMMENT

YPC Meeting on 7 November 2018

The agenda and minutes of the YPC meeting held on 7 November 2018 are attached (Attachments 1, 2 and 3). At the meeting, the YPC considered the following items:

3. Matters across all tenure (Yawuru, DBCA, Shire)

3.1 Yawuru Interpretative Masterplan for the Yawuru Conservation Estate

Matters Across all Tenure

REPORT RECOMMENDATION:

That the Yawuru Park Council:

1. Supports the development of the Yawuru Interpretative Masterplan for the Yawuru Conservation Estate; and

2. Approves the allocation of up to $15,000 reimbursement towards the costs of the Yawuru Interpretative Masterplan process from the Yawuru Park Council budget.

Moved: Aletta Nugent Seconded: Craig Olejnik

Nyamba Buru Yawuru Ltd (NBY) applied for Royalties for Regions grant funding in the amount of $50,000 for the development of an Interpretative Masterplan for the Yawuru Conservation Estate (YCE). The application was successful, securing $25,000. These funds will be utilised for the engagement of Interpretative Planning Consultant – Peter Grant. NBY were seeking a financial contribution of up to $15,000 for reimbursable costs, from the YPC for on country travel, community consultation and meetings to support the development of the Interpretative Masterplan. The Interpretative Masterplan will align all interpretation with the Yawuru Cultural Management Plan, the Joint Management Plans for the YCE and the Recreational Master Plan for the YCE. The Interpretative Masterplan will also ensure key targets from the Joint Management Plans will be met.

3.2 Encroachments Update

Matters across all tenure

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Endorses the actions and agreed outcomes to address the encroachments within the Yawuru Conservation Estate.

2. Requests the Department of Biodiversity, Conservation and Attractions, finalise the Minyirr Buru Fire Management Plan, taking into consideration the agreed outcomes of the encroachment strategy, as per the table included in this report.

Moved: Deb Pigram Seconded: Ben Dolby

The YPC previously considered an issues paper prepared by the DBCA and resolved to implement a 7-step strategy to address the encroachments.

The YPC Working Group has completed steps 1 to 5 of the encroachment strategy. This paper sought the YPC’s endorsement of the actions and agreed outcomes to address the encroachments within the YCE.

3.3 Data collection software tool (Fulcrum) implementation review

Matters across all tenure

REPORT RECOMMENDATION:

That the Yawuru Park Council:

1. Approves the allocation of up to $10,000 towards the costs of the Department of Biodiversity, Conservation and Attractions data collection software tool implementation review from the Yawuru Park Council budget. (Trust Account)

Moved: Aletta Nugent Seconded: Dean Mathews

The Joint Management Partners have discussed at length the need to have uniform data collection software. The DBCA currently use cyber tracker while Yawuru are using Fulcrum. Yawuru has recommended that DBCA adopt Fulcrum as their data collection software.

Having consistent software and capacity will reduce the time staff spend on data conversion and processing and ensure that data is available and can be used consistently across the YCE including the Joint Management Parks. This will improve data analysis and build base line data in the region. Furthermore, staff will be able to reallocate their time previously spent on data conversion and processing and progress other important matters within the YCE.

There is an annual licence fee of $500 for unlimited devices, as well as costs associated with ongoing support and to create new sequences. It was agreed that annual fees could be offset if the system was adopted by DBCA across the Kimberley region.

4. Minyirr Buru (In-Town Conservation Estate) (Yawuru & Shire)

4.1 Gantheaume Point Proposed Tourism Precinct

REPORT RECOMMENDATION:

For noting only.

NBY has been investigating tourism opportunities within the YCE. Gantheaume Point has been identified as a potential site for a cultural eco-resort. The concept is to create low key accommodation nestled in the bush consistent with the environmental characteristics, creating connectivity with walking trails through Minyirr Park. The proposal is only in the conceptual stage. NBY sought to update the YPC on the proposal.

7. Reports

7.1 Financial Statement

Royalties for Regions (Operational) October 2018:

· YTD Actual $231,107

· YTD Budget $1,099,993

· YTD percentage spend 21%

Yawuru Trust Account (Capital)October 2018:

· YTD Actual $15,680

· YTD Budget no budget – pending prioritisation of capital projects

CONSULTATION

The YPC comprises representatives from Yawuru, the Shire and DBCA, working collaboratively to manage the YCE.

STATUTORY ENVIRONMENT

Local Government Act

5.23 Meetings generally open to public

(1) Subject to subsection (2), the following are to be open to members of the public -

(a) all council meetings; and

(b) all meetings of any committee to which a local government power or duty has been delegated.

(2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —

(a) a matter affecting an employee or employees; and

(b) the personal affairs of any person; and

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

(e) a matter that if disclosed, would reveal —

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government; and

(f) a matter that if disclosed, could be reasonably expected to —

(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or

(ii) endanger the security of the local government’s property; or

(iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety;

and

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971 ; and

(h) such other matters as may be prescribed.

(3) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.

POLICY IMPLICATIONS

3.1.3 Yawuru Park Council Representation

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council notes the minutes of the Yawuru Park Council meeting held on 7 November 2018.

Attachments