Supplementary Agenda of Ordinary Meeting

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

12. Business of an Urgent Nature

12.1 LEASE DISPOSAL - KIMBERLEY REGIONAL OFFICES BUILDING 1, TENANCY 10 & 11

LOCATION/ADDRESS: Corner of Frederick and Weld Street, Broome. Reserve 8656

APPLICANT: Minister for Works

FILE: LSS144, RES8656

AUTHOR: Property and Leasing Senior Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 December 2018

SUMMARY: The Minister for Works / Department of Communities have expressed interest in leasing tenancy 10 and renewing the lease at tenancy 11, Kimberley Regional Offices, Building 1.

The Minister for Works is seeking to commence a lease from the 1 February 2019 for an initial term of 21 months with 2 x 2-year options to renew. The commencing rent to be in line with market value and outgoings.

BACKGROUND

Previous Considerations

OMC 14 May 2009 Item 9.4.3

OMC 20 June 2013 Item 9.2.1

The Kimberley Regional Offices (KRO) are situated on Reserve 8656 and Lot 31 on Deposited Plan 222186 being the whole of the land in Certificate of Title Volume 476. The site comprises two, single storey office buildings known as KRO 1 and KRO 2 – both buildings offering an approximate Net Lettable Area (NLA) of 1,200sqm each.

See attachment 1 – site survey.

The Minister for Works / Western Australian Police (WAPOL) were the outgoing tenants of tenancy 10 and vacated on the 30 June 2018. The tenancy has remained vacant to date.

Tenancy 11 is currently occupied by the Minister for Works / Department of Housing. The lease expired 1 July 2018 and was carried over under the ‘Holding Over’ provisions in the lease.

COMMENT

On 4 December 2018, the tenant representative, LPC Cresa Pty Ltd, for the Minister for Works wrote to the Shire of Broome to express their interest in a new lease over tenancy 10 & 11 at KRO 1. Shire Officers have been working with LPC Cresa to present the offer outlined in this report.

See attachment 2 – Letter of Offer

The key terms proposed by LPC Cresa on behalf of the Minister of Works are set out in the table below:

Lessee	Minister for Works
Lease Commencement Date	1 February 2018
Premises	Tenancy 10 and 11 Kimberley Regional Offices, Building 1
Lease Area	990.7sqm (NLA)
Term	21 Months
Further Terms / Options	2 x 2 year options
Rent	Market Value
Outgoings	Up to $195 per sqm
Landlord works	· Carpet Renewal · Paint Renewal · Window Furnishings · Other minor works
Lessee Works	· Fit-out to tenancy 10 · Upgrades to tenancy 11

Rent

It is recommended the rent be set at ‘Market Value’ by an independent Property Valuer and the rental increases are in line with the following:

· Annual CPI Increase – based on Perth All Groups, December Quarter

· Market review at the commencement of the second option.

It should be noted the current rent at tenancy 11 sits at approximately $362 per sqm pa. This is expected to drop down to between $260 to $290 per sqm pa, reflecting current market conditions.

Landlord Works

The Lessee has requested the Lessor undertake the following works as a condition of the lease:

· Re-carpet both premises with new carpet tiles (commercial carpet with a 10-year warranty – colour to be agreed by lessee). Using the Rawlinson Construction Guide 2018 this has been estimated at $100 per square metre. Total cost estimate for 960 sqm is $96,000.00 Ex GST

· Re-paint both premises in two coats of ‘good quality’ paint, colour(s) to be approved by the lessee. Using the Rawlinson Construction Guide 2018 this has been estimated at $29.10 per square metre. Total cost estimate for 859sqm is $25,000 Ex GST

· Supply and install new internal window treatments to both premises. Using Rawlinson Construction Guide 2018 this has been estimated at approximately $20,000 Ex GST – Estimated dimensions only

These prices are indicative only. Officers will seek formal quotes as required under the Shire of Broome’s Purchasing Policy.

Under the existing lease of tenancy 11, there is Clause 21 which states “Except for damage caused by the tenant (which must be made good by the tenant), if requested by the tenant, acting reasonably, the landlord may agree to replace the carpet in the premises (or any part) with new carpet as it becomes worn out.

In respect to this clause, the Shire is responsible for replacing the floor coverings upon request of the lessee provided it is determined the carpets have ‘worn out’. The carpet in this tenancy is more than 15 years old and is in need of replacement.

Since the Department of Housing / Minister for Works commenced their last five-year lease they have contributed over $1,000,000 in rent and $538,000 in outgoings. It is recommended the Shire contribute to the above-mentioned works as requested. The funds can be allocated from account 147374 – KRO Renewal. These works will be in addition to:

· Air-conditioning upgrades

· Bathroom upgrades

· Rendering

· Building facades.

Lessee Works

The intention of the lessee is to demolish all of the existing internal walls of tenancy 10 to create open plan office space with minor modifications and upgrades to tenancy 11. The scope of works is yet to be finalised by the lessee.

The proposed layout will likely enhance the future lettability of the tenancy as the existing layout was dated.

CONSULTATION

LPC Cresa Pty Ltd

Herbert Smith Freehills

Department of Communities

STATUTORY ENVIRONMENT

30 Local Government (Functions and General) Regulations 1996

30. Dispositions of property to which section 3.58 of Act does not apply

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2) A disposition of land is an exempt disposition if —

(a) the land is disposed of to an owner of adjoining land (in this paragraph called “the transferee”) and —

(i) its market value is less than $5 000; and

(ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(c) the land is disposed of to —

(i) the Crown in right of the State or the Commonwealth;

(ii) a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

(iii) another local government or a regional local government;

(d) it is the leasing of land to an employee of the local government for use as the employee’s residence;

(e) it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

(f) it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or

(g) it is the leasing of residential property to a person.

(2a) A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(a) put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made or any bid made does not reach a reserve price fixed by the local government;

(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or

(c) the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

(i) the names of all other parties concerned;

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

(iii) the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

(2b) Details (see section 3.58(4) of the Act) of a disposition of property under subregulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

(3) A disposition of property other than land is an exempt disposition if —

(a) its market value is less than $20 000; or

(b) it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.

[Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]

Land Administration Act 1997 WA

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 sub licence 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).

[Section 18 amended by No. 59 of 2000 s. 8(1)‑(5) ⁵.]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

There are sufficient funds available in account 147374 to carry out the requested works as outlined below. Contribution to fit out costs were identified as part of the project expenses for this account.

The predicted income in line with the budget forecasts for the 18/19 financial year which is set at $239,563.00 (Account 147483 and 147487). An amendment to the budget can be made at the quarter 3 FACR, subject to the independent Market Valuation being carried out.

The below table reflects the annual income and expenses for the first year of the tenancy.

Description	Income	Expenses
Estimated Net Annual Rent (Year 1)*	$267,489 Acc 147483
Estimated Annual Outgoings (Year 1)	$193,186.50 Acc 147489	$193,186.50 Acc 147270
Lease Fees	$3,000 Acc 149408	$3,000 Acc 144027
Estimated Carpet renewal**		$96,000 Acc 147374
Estimated Paint Allowance**		$25,000 Acc 147 374
Estimated Window Furnishings**		Up to $20,000 Acc 147374
Total Year 1	$463,675.50	$337,186.50

* Rent based on an estimate of $270 per square metre, per annum as per the previous rent set for tenancy 10. This is subject to change with the new Market Valuation to be carried out in December 2018.

* *Figures based on Rawlinson’s Australian Construction Handbook 2018.

RISK

Should the new lease not be supported by Council there is a risk the tenants would seek alternate office accommodation and the Shire would forgo on up to $267,000 in annual rent and have to absorb the cost of variable outgoings for both premises (up to $187,200 per annum) until a new tenant is secured.

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:

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

Affordable land for residential, industrial, commercial and community use

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

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

In accordance with section 30(2)(b) of the Local Government (Functions and General) Regulations agrees to Lease tenancy 10 & 11 at the Kimberley Regional Offices to the Minister for Works, and authorises the Chief Executive Officer to seek Ministerial approval and negotiate the final terms and conditions of the lease in line with:

1. A new lease to be entered into for an initial term of twenty-one (21) months with two, two-year options, commencing from February 2019.

2. Gross rent to be set in line with independent market valuation.

3. Rental increases to be set by annual CPI (Perth All Groups December Quarter) with a Market Review at the commencement of the second option.

4. The Lessee to be responsible for all associated costs in preparing the lease.

5. The Lessee to be responsible to pay variable outgoings at $195 per square metre per annum.

6. The Lessor to undertake the following works within 90 days of the commencement date of the lease:

(i) New carpet and flooring to both tenancy 10 and 11;

(ii) Repaint all walls and ceilings (where accessible) to both tenancy 10 and 11;

(iii) Supply and Install new window furnishings to tenancy 10 and 11; and

(iv) Complete other minor works if required.

Attachments

Site Map

Letter of Offer (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

12.2 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 4 DECEMBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: OGS03 & RCG01

AUTHOR: Executive Assistant to the CEO

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 December 2018

SUMMARY: This report presents for Council endorsement the Minutes from the Joint Meeting of the Kimberley Zone of WALGA and Kimberley Regional Group held on 4 December 2018.

BACKGROUND

Previous Considerations

A copy of the minutes from the joint meeting held 4 December 2018 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) is attached for Council consideration (Attachment 1 – Joint Kimberley Zone and Kimberley Regional Group Minutes 4 December 2018).

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

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

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

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

COMMENT

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

8.1 KIMBERLEY ZONE 2019 MEETING DATES

This report presented the proposed 2019 schedule of meetings for the Zone / KRG.

It should be noted that a resolution was passed in relation to Item 9.5 Kimberley Zone Forums 2019 supporting only one forum for 2019. This will impact the resolution passed for this item with the locations for the 2 July 2019 and 3 December 2019 meetings impacted. An item will be presented to the group at a future date to address this issue.

The Shire of Broome allocates funds in its annual budget cycle to facilitate member attendance at Zone meetings. Where possible meetings have been aligned with other events that Councillors will be attending, such as Local Government Week in early August 2019. The reduction of forums as per Item 9.5 will also reduce attendance costs with a single forum now to be hosted in Broome.

KIMBERLEY ZONE RESOLUTION:

(RECOMMENDATION)

That the Kimberley Zone endorses the 2019 Schedule of Meetings as contained below:

Tuesday 19 March 2019	Joint Zone KRG Meeting	Aligns with revised State Council Meeting	Derby
Tuesday 30 April 2019	Joint Zone KRG Meeting Joint	Aligns with State Council Meeting	Video Conference
Tuesday 2 July 2019	Joint Zone KRG Meeting	Aligns with State Council Meeting Aligns with Joint Pilbara Kimberley Forum	Broome
Tuesday 6 August 2019	Joint Zone KRG Meeting	Aligns with WALGA Local Government Convention	Perth
Tuesday 3 September 2019	Joint Zone KRG Meeting	Aligns with State Council Meeting	Halls Creek
Tuesday 3 December 2019	Joint Zone KRG Meeting	Aligns with State Council Meeting Aligns with Joint Kimberley NT Forum	Darwin

Moved: Shire of Derby West Kimberley Seconded: Shire of Wyndham East Kimberley

Carried 4/0

8.2 STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT SEPTEMBER 2018

The State Council Agenda and President’s Report for the meeting held on 5 December 2018 was received on 14 November 2018 and is attached for Council’s information (Attachment 2 – Joint Kimberley Zone and Kimberley Regional Group Meeting Attachments – 4 December 2018). The summary minutes of the State Council Meeting held 5 December 2018 have not yet been received.

KIMBERLEY ZONE OF WALGA RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA:

1. Notes the State Council Agenda Items;

2. Notes the additional comments by the Kimberley Zone; and

3. Supports the recommendations in the matters for decision.

Moved: Shire of Halls Creek Seconded: Shire of Derby West Kimberley

Carried 4/0

9.1 REGIONAL INFRASTRUCTURE – TANAMI ROAD

This report requested consideration of a Communication and Engagement Plan to promote the funding of the Tanami Road by the State and Federal governments.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group endorse the Communication and Engagement Plan for Regional Infrastructure – Tanami Road.

Moved: Shire of Derby West Kimberley Seconded: Shire of Halls Creek

Carried 4/0

9.2 KIMBERLEY REGIONAL VOLUNTARY RESTRICTIONS

The Australian Hotels Association have provided proposed Voluntary Liquor Restrictions in response to the alcohol restrictions proposed by the KRG. This agenda item presented the amendments that have been proposed and sought to develop a Zone position on the proposed Voluntary Alcohol Restrictions to progress negotiations.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group:

1. Seek to prepare a voluntary agreement on Alcohol Restrictions for a trial period of 12 months through negotiation with the Australian Hotels Association and Liquor Store Association, consistent with the Kimberley Zone Position Statement on a Regional Approach to Voluntary Alcohol Restrictions in the Kimberley, that:

a. Recognises the existing Kimberley wide Section 64 Restrictions in relation to cask wine;

b. Recognises the Director of Liquor Licencing concerns and retains the threshold for beer in the voluntary agreement at 2.7% (rather than 3.4%);

c. Does not prohibit fortified wine if an appropriate floor price can be agreed to defer product substitution; and

d. Limits operational hours to those considered appropriate and defined in the position statement.

2. Delegates authority to the Secretariat to develop timeframes within the proposal, including notice periods and opening hours, to determine an appropriate outcome for future consideration by the Zone.

3. Provide an update to the Minister and seek support for the exploration of the Banned Drinkers Register.

Moved: Shire of Derby West Kimberley Seconded: Shire of Broome

Carried 4/0

9.3 KIMBERLEY REGIONAL GROUP FINANCIAL ACTIVITY REPORT – NOVEMBER 2018/19

A Financial Activity Report was presented for noting, indicating the KRG have a surplus of $252,242.61 as at 30 November 2018.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group notes the Financial Activity Report for the period ended 30 November 2018.

Moved: Shire of Halls Creek Seconded: Shire of Wyndham East Kimberley

Carried 4/0

9.4 KIMBERLEY REGIONAL WASTE MANAGEMENT PLAN 2018-2023

The Regional Waste Management Plan is currently being updated by external consultants ASK. A variation to contract provided for consideration of three years of data which delivered a more robust approach to the consideration of waste streams.

This report provided members with an update on the draft recommendations of the Regional Waste Management Plan.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group notes the recommendations of the Draft Kimberley Regional Waste Management Plan 2018 - 2023 and refers the document to member Shire’s for further consideration.

Moved: Shire of Derby West Kimberley Seconded: Shire of Wyndham East Kimberley

Carried 4/0

9.5 KIMBERLEY ZONE FORUMS 2019

The Pilbara Kimberley Forum is held in May/June each year, rotating the organisation between the Pilbara Regional Council and the Kimberley Zone with responsibility vested with the Kimberley Zone for 2019.

The Zone is scheduled to coordinate two forums in 2019 being the Pilbara-Kimberley Forum and the Kimberley Northern Territory Forum. This item provided members with an overview to enable forward planning.

Following discussions, the group resolved to hold one combined forum in Broome with dates and themes to be ratified at a later date. It was also resolved to hold the forum during the next set of Broome – Singapore flights with details to be confirmed via circular resolution.

REPORT RECOMMENDATION:

That the Kimberley Regional Group endorse the dates, location and suggested themes of the 2019 Forums.

KIMBERLEY REGIONAL GROUP RESOLUTION:

That the Kimberley Regional Group endorse a single regional forum to be held in Broome to coincide with the 2019 Broome – Singapore flights with a date and theme to be ratified by circular resolution at a later date.

Moved: Shire of Derby West Kimberley Seconded: Shire of Wyndham East Kimberley

Carried 4/0

9.6 COMMUNICATION AND ENGAGEMENT STRATEGY

At the Joint Zone / KRG meeting held on 8 October 2018 it was agreed that a Communication and Engagement Strategy be developed to provide further detail in relation to protocols and representation.

This report presented the Communication and Engagement Strategy that has been developed for consideration by the Zone / KRG.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group adopts the Communication and Engagement Strategy and the associated Guidelines and Templates for the Communication and Engagement Plans as contained in attachment 1.

Moved: Shire of Wyndham East Kimberley Seconded: Shire of Halls Creek

Carried 4/0

9.7 CONSULTANT’S REPORT

The Kimberley Zone / KRG appointed ATEA Consulting on the 22 July 2018 to perform the role of part-time Executive Officer. The Executive Officer consultancy provides the Chairman and members of the Zone and KRG with high level executive support and leads the development of projects derived from the KRG Strategic Community Plan and Regional Business Plan.

This report provided an overview of the activity undertaken by the consultant to support the activities of the Kimberley Zone and Kimberley Regional Group.

KIMBERELY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

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

Moved: Shire of Wyndham East Kimberley Seconded: Shire of Halls Creek

Carried 4/0

9.8 LAND TENURE REFORM

The Kimberley Zone / KRG adopted the Land Tenure Reform Position Paper prepared by NAJA Business Consulting Services on the 28th April 2017.

The Zone / KRG requested a Communication and Engagement Plan for the implementation of the Land Tenure Reform Position Paper at the 8 October 2018 Joint Zone KRG meeting.

This report provided an update on the status of the Land Tenure Reform Position Paper and the Communication and Engagement Plan for the project.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group:

1. Adopts the Communications and Engagement Plan as attached; and

2. Writes to Ministers MacTiernan and Saffioti in relation to the current review providing support for the process and emphasising the need for Stage 2 of the review to be undertaken to achieve jobs and economic growth.

Moved: Shire of Halls Creek Seconded: Shire of Wyndham East Kimberley

Carried 4/0

9.9 LOCAL GOVERNMENT ACT REVIEW

In 2017 the McGowan Government announced a review of the Local Government Act 1995. This is the first significant reform of local government conducted in more than two decades. The objective is for Western Australia to have a new, modern Act that empowers local governments to better deliver for the community. The State Governments stated vision is for local governments to be agile, smart and inclusive.

Local governments and the community were invited to have their say on the priority reforms earlier this year and the drafting of a Bill which includes universal training for candidates and council members, council member code of conduct, improvements to CEO recruitment and performance review and a simplified gift framework is now underway.

Phase 2 of the review is currently underway with submissions received until 31 March 2019.

This report provided an update on phase two of the Department of Local Government, Sport and Cultural Industries (DLGSC) review of the Local Government Act 1995.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group:

1. Notes the Department of Local Government Sport and Cultural Industries Consultation Forum documentation; and

2. Requests that a submission on Phase 2 of the Local Government Act 1995 be developed and presented to the group at the March 2019 Joint Kimberley Zone and Kimberley Regional Group meeting.

Moved: Shire of Wyndham East Kimberley Seconded: Shire of Halls Creek

Carried 4/0

9.10 MUNICIPAL SERVICES REVIEW

The Department of Communities released for comment the Municipal Services Guidelines for feedback in May 2018. Since that time there has been significant changes at senior level and it is likely that the municipal services guidelines will undergo further review prior to any action/decision being taken.

This report provided members with an update on the Municipal Services Review and draft Guidelines.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group note the update on the Municipal Services Review.

Moved: Shire of Derby West Kimberley Seconded: Shire of Halls Creek

Carried 4/0

9.11 STRATEGIC COMMUNITY PLAN AND BUSINESS PLAN

The Kimberley Regional Group (KRG) Regional Community Strategic Plan and Regional Business Plan [the Plans] were reviewed at the March 2018 meeting with a more detailed revision being undertaken through workshops at the September and October 2018 Zone meetings.

This report presented the Kimberley Regional Group Regional Community Strategic Plan and Regional Business Plan.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(RECOMMENDATION)

That the Kimberley Regional Group adopts the Regional Business Plan 2018-2022 as contained in Attachment 1.

Moved: Shire of Derby West Kimberley Seconded: Shire of Halls Creek

Carried 4/0

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

As a member of the Kimberley Regional Group the Shire of Broome commits funds to regional initiatives by way of a financial contribution towards the group. The budget forecasts a member contribution of $51,500. $55,000 has been allocated to Kimberley Zone Member Contributions within the Shire’s 2018/19 Budget.

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

There may be some financial impact relating to the attendance of Council representatives at Zone meetings. Funds to facilitate attendance are allocated during the annual budget cycle.

RISK

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

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

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

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA / Kimberley Regional Group as attached in the minutes from the Joint Meeting held 4 December 2018 en bloc.

Attachments

Joint Kimberley Zone and Kimberley Regional Group Minutes 4 December 2018

Joint Kimberley Zone and Kimberley Regional Group Meeting Attachments – 4 December 2018

Joint Kimberley Zone and Kimberley Regional Group Meeting Confidential Minutes 4 December 2018 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(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”.

Item 12.2 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 4 DECEMBER 2018

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