Our Vision

"Broome - a future for everyone."

 

UNCONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

25 March 2021


NOTICE OF MEETING

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of Council will be held on Thursday, 25 March 2021 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5:00 PM.

 

Social distancing measures are in place throughout the building. It is a condition of entry that people adhere to remaining the prescribed 2 meters apart.

 

 

Regards,

 

 

S MASTROLEMBO

Chief Executive Officer

 

25/03/2021

 

 

 

 

 

Our Mission

"To deliver affordable and quality Local Government services."

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions in section 5.25 of the Local Government Act 1995 establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 

 

Should you require this document in an alternative format please contact us.


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

 

Councillor Attendance Register

Post 2019 Local Government Elections

Councillor

Cr H Tracey

Cr D Male

Cr E Foy

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

Cr P Taylor

Cr N Wevers

Cr F West

2020

26 March

 

 

 

 

 

 

 

 

 

2020

30 April

 

 

LOA

 

 

 

 

 

 

2020

28 May

 

 

 

 

 

 

 

 

LOA

2020

25 June

LOA

 

 

 

 

 

 

 

 

2020

30 July

 

A

LOA

 

 

 

 

 

 

2020

31 August

 

 

LOA

LOA

 

 

 

 

 

2020

23 September

 

 

 

LOA

 

 

 

 

LOA

2020

29 October

 

 

 

LOA

 

 

 

 

 

2020

19 November

 

 

LOA

A

 

 

 

 

 

2020

10 December

 

 

 

 

 

 

 

 

 

2021

25 February

A

 

 

 

 

 

 

 

 

 

·      LOA (Leave of Absence)

·         NA (Non Attendance)

·      A (Apologies)

·        R  (Resignation)

 

 

 

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 Part 8; or

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

    (6)    A member who before the commencement of the Local Government Amendment Act 2009 section 5 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: No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5; No. 31 of 2018 s. 5.]

 

 


MinutesOrdinary Meeting of Council 25 March 2021 Page 1 of 2

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 25 March 2021

INDEX – Minutes

 

1.             Official Opening.. 7

2.             Attendance and Apologies. 7

3.             Announcements By President Without Discussion.. 8

4.             Declarations Of Interest. 8

5.             Public Question Time. 8

6.             Applications for Leave of Absence. 8

7.             Confirmation Of Minutes. 9

8.             Presentations / Petitions / Deputations. 9

9.             Reports From Officers. 9

9.1   People. 9

9.1.1    COMMUNITY DEVELOPMENT FRAMEWORK AND INFORMING STRATEGIES FOR ENDORSEMENT. 9

9.2   Place. 114

9.2.1    AMENDMENT TO LOCAL DEVELOPMENT PLAN NO 8 - PORTIONS OF LOTS 1648 AND 9050 MACPHERSON STREET, DJUGUN.. 114

9.2.2    2021 LANDFILL CLOSURE MANAGEMENT PLAN.. 125

9.3   Prosperity. 174

Nil

9.4   PERFORMANCE. 175

9.4.1    MONTHLY PAYMENT LISTING FEBRUARY 2021. 175

9.4.2    MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT FEBRUARY 2021. 186

9.4.3    ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY REGISTER. 223

10.          Reports of Committees. 473

10.1   BUSH FIRE ADVISORY COMMITTEE MINUTES 10 MARCH 2021. 473

10.2   LOCAL EMERGENCY MANAGEMENT COMMITTEE MINUTES 10 MARCH 2021. 484

11.          Notices of Motion.. 499

12.          Questions By Members Without Notice. 499

13.          Business of an Urgent Nature. 499

14.          Meeting Closed To Public.. 499

14.1   REQUEST FOR FUNDING ASSISTANCE - BROOME VISITOR CENTRE. 500

14.2   DISPOSAL OF PROPERTY - KIMBERLEY REGIONAL OFFICES BUILDING 2 TENANCY 1,2,3. 504

14.3   SUNDRY DEBTOR WRITE OFF. 506

15.          Meeting Closure. 507

 


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 25 March 2021, COMMENCING AT 5:00 PM.

 

1.         Official Opening

 

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5.08pm.

 

2.         Attendance and Apologies

 

ATTENDANCE

 

 

 

 

 

Councillors:

Cr D Male

Deputy Shire President

 

Cr E Foy

 

 

Cr C Mitchell

 

 

Cr B Rudeforth

 

 

Cr P Taylor

 

 

Cr F West

 

 

Cr N Wevers

 

 

Apologies:

 

 

 

 

 

 

Leave of Absence:

Cr H Tracey

(Leave of Absence requested at Item 4)

 

Cr P Matsumoto

(Leave of Absence requested at Item 4)

 

Officers:

Mr S Mastrolembo

Chief Executive Officer

 

Mr J Watt

Acting Director Development and Community

 

Mr A Graffen

Director Infrastructure

 

Mr D Kennedy

Acting Director Corporate Services

 

Mr G McKnight

Marketing & Communications Coordinator

 

Mr L Fouche

Manager Planning & Building Services

 

Mr Mark Davis

Manager Community and Economic Development

 

Ms Joy Welshman

Manager Works

 

Ms Janine Hatch

Economic Development Coordinator

 

Media:

Sam Jones

Broome Advertiser

 

Grace Hendry

Broome Advertiser

 

 

 

 

 

 

 

 

 

Public Gallery:

Brendan Renkin

 

 

Andrew Chambers

 

 

 

 

 

 

 

 

 

 

 

 

3.         Announcements By President Without Discussion

 

Nil

 

 

4.         Declarations Of Interest

 

Nil

 

5.         Public Question Time

 

Questions Taken on Notice

 

Ordinary Council Meeting – 25 February 2021

 

The following questions were asked by Michael Leake and taken on notice. The Shire’s administrative responses are provided below.

 

Question One (1)

 

In today’s agenda there is an item relating to RPS Group and their role in the Economic Development Strategy which cites that this organisation comes with extensive experience in that particular field.

 

It is my understanding that at the time of the signing of the MOU with BFA, that BFA had no staff. Therefore, to ensure that ratepayers funds were not going to be wasted, what due diligence and procedures were followed to ensure that BFA had the necessary staff, expertise and experience to carry out the requirements as per the MOU, and what alternate organisations were not accepted for this role and why?

 

Response provided by James Watt, Acting Director Development and Community:

 

Officers understand the following summary of events reflect the discussion and decisions of the relevant organisations at the time:

 

·       The final draft Broome Growth Plan was endorsed by the Economic Development Advisory Council (EDAC), Council and the Growth Plan Partnership (GPP) in 2016.

·       The GPP agreed that the remaining Growth Plan funds (provided by the WA State Government) be transferred to the Shire of Broome to be held in reserve pending a decision on the expenditure of funds in 2017.

·       Meetings were held between the Broome Growth Plan Project Control Group (PCG) and representatives of the former Broome Future Ltd (Broome Future), exploring the possibility of Broome Future becoming the implementation body for the Growth Plan. A proposal was subsequently provided by Broome Future.

·       The GPP gave in-principle support for the Broome Future proposal and received Ministerial advice to formally launch the final Broome Growth Plan in 2018.

·       A circular resolution was passed by the GPP on 28 March 2018 agreeing to engage Australian Venture Consultants Pty Ltd (AVC) to convene a facilitated workshop with GPP members, Broome Future representatives and representatives from the Broome Chamber of Commerce and Industry (BCCI), and then prepare a Governance Charter, including revisions for the Broome Future Constitution and development of communication materials for use by all parties.

·       A MOU and an updated Governance Charter were developed by AVC to govern the transition process whereby Broome Future would become the implementation body for the Broome Growth Plan.

·       The GPP met on 15 June 2018 and at this meeting the GPP endorsed the final Broome Growth Plan, subject to some minor modifications and a foreword from the Minister.  The GPP also endorsed the transition MOU subject to minor changes and discussed seed funding for the implementation of the Broome Growth Plan.

·       At the meeting held 25 June 2018 EDAC resolved to recommend to Council to endorse the Broome Growth Plan; support Broome Future becoming the implementation body for the Broome Growth Plan; and provide funding equivalent to 1 Full Time employee capable of carrying out the duties of an Executive Officer of the revised Broome Future for a period of 1 year, with subsequent funding to be provided on the basis that the position has created economic value equal to, or greater than, the cost of employment.

·       At the Ordinary Meeting of Council held 28 June 2018, it was resolved that Council:

1.     Receives the minutes of the Economic Development Advisory Committee meeting held on 25 June 2018.

2.     Endorses the Broome Growth Plan as shown in Attachments 26, 27 and 28 to the agenda item in Attachment 1 of this report, subject to the minor amendments shown in Attachments 29 and 30 to the agenda item in Attachment 1 of this report and the inclusion of a Minister’s foreword if one is provided.

3.     Endorses the Memorandum of Understanding in Attachments 23 and 24 to the agenda item in confidential Attachment 2 of this report, subject to any minor modifications negotiated by the Chief Executive Officer.

4.     Supports Broome Future Limited becoming the implementation body for the Broome Growth Plan in accordance with the Governance Charter in Attachment 25 to the agenda item in confidential Attachment 2 of this report, subject to any minor modifications negotiated by the Chief Executive Officer.

5.     Approves the allocation of $100,000 towards the seed funding payable to the revised Broome Future.

6.     Adopts a budget amendment to the 2018/19 Annual Budget to the value of $100,000 to account number 1367210, noting a resultant $100,000 forecast deficit position to 30 June 2019.

7.     Requests that the Chief Executive Officer seek to offset this deficit position through the 2018/19 first quarter finance and costing review.

8.     Requests the Chief Executive Officer to work with other members to secure further contribution toward initial seed funding requirements.

·       It should be noted that approximately $60,000 of the $100,000 allocation was “seed funding” provided by the State Government as part of the GPP.

·       The recruitment and appointment of staff at Broome Future followed this resolution.

 

Question Two (2)

 

Clause 8 of the MOU with Broome Futures clearly outlines that a Strategic Plan is to be completed within 12 months of signing of the MOU which I believe was sometime early in 2020.

 

Has the shire received a copy of the strategic plan and will it be made available publicly, or if the shire hasn’t received such a plan, how will the shire obtain such a strategic plan (given that I now believe that BFA no longer has any staff), and thus ensure that ratepayers funds have been used effectively and not wasted?

 

Response provided by James Watt, Acting Director Development and Community:

 

Officers understand the West Kimberley Alliance (formally Broome Future Alliance) used the Broome Growth Plan as the strategic lead document and focused on an Action Plan to guide the implementation framework of the group and the Broome Growth Plan vision.

 

The West Kimberley Alliance is providing acquittal documentation for the Shire of Broome / Broome Growth Plan Partnership funding received which will outline funds expenditure and outcomes achieved.

 

The following question was asked by Brendan Renkin at Ordinary Council Meeting 25 February 2021 and were taken on notice.

 

Question One (1)

 

Can the Shire provide the public with details about the planning group that was proposed to examine opportunities and challenges arising from the KMSB project? Was the Shire invited to attend such a group, was the matter brought before the Shire Council and was a representative of the Shire appointed to the group?

 

Response provided by James Watt, Acting Director Development and Community:

 

Officers are not aware of the establishment of a formal ‘planning group’ to examine opportunities and challenges arising from the Kimberley Marine Offloading Facility (KMOF) project. Recent consultation with the Kimberley Development Commission, Kimberley Ports Authority and consultants associated with the KMOF project has confirmed a ‘planning group’ has not been established.

 

Officers understand a research project was discussed at West Kimberley Alliance to investigate and review Broome’s industrial land and logistics services/supply for potential future demand, however, this research project has not progressed.

 

 

 

Public Question Time Ordinary Council Meeting 25 March 2021.

 

The following questions were received by Brendan Renkin prior to the meeting:

 

Question One (1)

Can the Shire clarify what the Shire thinks its role is in responding to the immediate housing crisis? Does this role extend beyond ensuring sufficient land is available? And what exactly the “template solutions are” that were referred to at the October 2020 Ordinary Meeting of Council and whether any of these have been put in to place yet?

 

Answer provided by James Watt, Acting Director Development and Community:

The Shire has two primary roles in relation to housing.

1.     To ensure sufficient land is available to meet the expected growth and demands of the community.

 

2.     Regulatory responsibilities through planning and building services to ensure housing meets specified standards and community needs and expectations.

 

The majority of urban growth is expected to continue to occur in the Broome Townsite, with adequate land already zoned for this purpose.

At the 29 October 2020 Ordinary Council Meeting, two (2) questions were received from Mr Michael Leake that were taken on notice. The answers to these questions appearing in the minutes of the subsequent Ordinary Meeting of Council held on 19 November 2020 have inadvertently included the opening line of Mr Leake’s second question under the Shire’s response by Mr Nathan Cain to Mr Leake’s first question. For clarity, the second question asked by Mr Leake, including the reference to “template solutions” was:

 

We have been here before and we have some template solutions that we can look at to mitigate the situation before it gets too bad.

Has the Council considered that they might have a number of strategies to assist in avoiding this looming crisis, such as:

1.    Allocating resources to addressing the issue of illegal short stay letting (freeing up to 80 houses on the rental market);

2.    Approaching state and federal government agencies and asking them to identify unoccupied leased properties and to either release them into the market or utilise them. (in 2009 the Shire identified some 60 plus vacant government properties);

3.    Other actions that were developed in 2008/09?

The response provided by the Shire was:

 The Shire advocates to State Government Agencies on behalf of the community and notes their work and incentives in relation to short-term accommodation. In particular, the Shire actively participated in the Parliamentary Inquiry: Levelling the playing field – Managing the impact of the rapid increase of Short-Term Rentals in Western Australia and have been involved in subsequent working groups challenged with furthering the recommendations of this inquiry.

Next steps are expected to be released by the State Government in the near future and drafting of the Shire’s Local Planning Strategy and Local Planning Scheme No.7 will be guided by State Government direction. Additionally, the Shire advocates to State Government Agencies including Department of Communities and DevelopmentWA and works with the private sector to facilitate the delivery of housing that meets the needs of the community.

 

Question Two (2)

On the Major Projects page of the Shire’s website there is a page entitled the Broome Urban Renewal Project which details an MOU with WA Housing to undertake the Urban Renewal Initiative to identify a range of short, medium and longer term actions. The last date on the page I can see is October 2016, with former Cr Ron Johnston listed as the Shire President. Can the Shire provide an update on this project and what has occurred in the last 5 years?

 

 

Answer provided by James Watt, Acting Director Development and Community:

 

In 2017 the Broome Urban Renewal Strategy was prepared by UDLA on behalf of the Department of Communities Housing team. The Shire and many community members were involved in the development of this Strategy as key stakeholders and the Shire was actively involved through strong representation on the project’s working group.

Whilst the Strategy was adopted by the then Housing Authority’s (Department of Communities) Development Committee in 2019, it is understood that full costings have not been developed or resources allocated. The Shire continues to advocate for the project and has lobbied State Government Ministers and senior officers from the Department to provide the necessary funding and resources to facilitate implementation.

 

Question Three (3)

At the October 2020 OMC in response to a question the Shire CEO indicated that the Shire President is the member of Council who represents the Shire of Broome on the Broome Futures / WKA board. Item 16 of the May 2019 board minutes of Broome Future Alliance reads, and I quote: “Harold Tracey advised Mr. Reece Waldock, Chair, Kimberley Ports Authority has by letter agreed to the formation of a planning group involving the KPA, Shire, Yawuru, KDC, BIA, BFA and by invitation LandCorp to examine opportunities “and challenges that will arise through the KMSB project and impact upon the “whole of Broome”.” In response to my question on 25 February 2021 (two years later) asking the Shire for more details about the planning group, the Shire’s response was “Officers are not aware of the establishment of a formal ‘planning group’ to examine opportunities and challenges arising from the Kimberley Marine Offloading Facility (KMOF) project. “Can the Shire clarify was the Shire President acting in his personal capacity or his capacity as Shire President when he advised the WKA board about the, in his words, “planning group”? If not, can the Shire clarify exactly what date the Shire’s representative on Broome Future / WKA informed the Shire about the letter from the Chair of Kimberley Ports Authority about the Shire being part of the – in the words of the Shire President – the “planning group”? And can the Shire direct me to the relevant minutes from the relevant Shire meeting when the decision was made for the Shire to participate in such a planning group, or notifying the Shire Councillors of the administrative decision to participate in such a planning group? (whether or nor any such group was in fact created)

 

Answer provided by James Watt, Acting Director Development and Community:

 

Representing the Shire of Broome, Cr Harold Tracey wrote to the Chair of the Kimberley Ports Authority on 5 April 2019 to discuss developing the concept of a workgroup. The concept was to collaborate on addressing opportunities and challenges associated with the future Kimberley Marine Offloading Facility (KMOF) and Broome’s role as a logistics hub more broadly.

As provided in response to your previous question, officers are not aware of the establishment of a formal ‘planning group’ beyond this conceptual stage. As provided in response to your previous question, consultation with the Kimberley Development Commission, Kimberley Ports Authority and consultants associated with the KMOF project has confirmed a ‘planning group’ has not been established.  

 

 

 

 

Question Four (4)

Last month at the February OMC (Q2) I noted that the MOU between the Shire and Broome Futures clearly states that a Strategic Plan must be developed within 12 months of the agreement and asked whether the plan had been received by the Shire. The Shire’s answer states that “officers understand that WKA used the Broome Growth Plan as a strategic lead document and focused on an Action Plan”. The answer goes on to say WKA is providing acquittal documentation. I draw to the Shire’s attention that in the July 2020 minutes of the Broome Futures/WKA board meeting “Finalise the Strategic Plan as soon as possible” is listed on various pages as an action item. Can the Shire confirm that despite more than 2.5 years passing since the Shire provided $100,000 of funds to Broome Futures/WKA the Shire has not asked for, nor received the Strategic Plan in question? Can the Shire commit to requesting that the Strategic Plan be provided as part of the acquittal documentation? And can the Shire indicate whether at any time the Shire agreed to a variation of the MOU that changed what Broome Futures/WKA was required to do under the MOU?

 

Answer provided by James Watt, Acting Director Development and Community:

 

Shire officers understand the July 2020 West Kimberley Alliance (WKA) minutes refer to the proposed activity to prepare a new strategic document recognising the group’s remit has broadened from Broome to the wider West Kimberley.

 

As provided in response to your previous question, the West Kimberley Alliance is providing acquittal documentation for the Shire of Broome / Broome Growth Plan Partnership funding received which will outline funds expenditure and outcomes achieved. This will be in context to the MOU, Broome Growth Plan (strategic lead document) and Action Plan (implementation).

 

The following questions were received by Andrew Chambers prior to the meeting:

 

Question One (1)

RRRP & the end of Buckley Road Facility.

The agenda item 9.2.2: 2021 Landfill Closure Management Plan refers to plans to close down the existing Buckley Road facility and my questions relate to this matter:

Can the officers and consultants advise if the final phase will involve trenching into the soil? 

If so, will that trenching be sealed as per existing standards and as are proposed for the new RRRP landfill facility?

The report is mute on dealing with Land Fill Gas (LFG) emissions. What is proposed to deal with this gas generation (Methane, CO2 and others)?

By my calculations this is a 283.3m3/hr generation rate for an annual estimated total of 2.482 million m3? (based on the stated figures of 14600t of putrescible waste annually x 170m3/t of LFG)

 

 

 

 

Answer provided by Andrew Graffen,  Director of Infrastructure :

The Landfill Closure Management Plan (LCMP) details a staged approach to closure over 5 years. The plan has developed a design which realises an additional 218,500m3 of airspace. To achieve the final design profile works involve filling this airspace, capping and rehabilitating not excavating. Implementation of the LCMP does not require trenching.

One of the key objectives detailed in the plan is to develop an appropriate landfill gas management system to control the generation of landfill gases and reduce any significant risk of adversely impacting the surrounding environment.

 

The estimated generation of landfill gas will peak at 3,809,000 m3/yr upon closure in 2025/26, this is equivalent to a peak landfill gas generation rate of 435 m3/hr of LFG. In terms of comparison, one-megawatt LFG generator needs 530 – 630 m3/hour to operate.

 

Based on the results observed in the modelling, a landfill gas management system to control gas emissions is justified. A staged approach to development of the site’s gas extraction system is recommended within the plan.

 

The LCMP allocates $45,000 for the investigation and design of a Landfill Gas Management system. The construction and implementation of the system has been allocated $576,000 with an additional $200,000 allocation for a contained flare unit. The Plan also makes allocations for installation of perimeter gas monitoring wells.

 

Question Two (2)

Consultation on RRRP: Can officers please explain why Lot 400 adjacent to the existing facility has not been considered and is not a part of the "consultative process" given its many advantages over the only proposed site at D2?

 

Answer provided by Sam Mastrolembo, Chief Executive Officer:

Community consultation is currently underway in regards to a site comparison report which examines two preferred sites and development options for the Regional Resource Recovery Park.

This process is underway as per the Community Engagement Plan endorsed by Council in December 2020.

Lot 400 Buckleys Road site is not suitable for a future waste facility as it sits within the boundaries of the WA Planning Commission endorsed Broome North District Development Plan and is earmarked for urban development purposes.

 

The Shire currently has a fixed term management order over Lot 400 that expires in 2022.

 

DevelopmentWA have identified this parcel of land for future development of Broome North.

 

 

 

 

 

6.         Applications for Leave of Absence   

 

Council Resolution:

                                                                                     Minute No. C/0321/001

Moved: Cr N Wevers                                                                                     Seconded: Cr F West

That Council grant Cr H Tracey a Leave of Absence from Councillor duties inclusive of 25 March 2021 through to 24 June 2021.

CARRIED UNANIMOUSLY 7/0

 

council resolution:

                                                                                     Minute No. C/0321/002

Moved: Cr C Mitchell                                                                                     Seconded: Cr B Rudeforth

That Council grant Cr P Matsumoto a Leave of Absence from Councillor duties inclusive of 25 March 2021 to 29 March 2021.

CARRIED UNANIMOUSLY 7/0

 

 

7.         Confirmation Of Minutes

 

Council Resolution:

(Recommendation)                                                                                     Minute No. C/0321/003

Moved: Cr N Wevers                                                                                    Seconded: Cr C Mitchell

That Council;

1.     Notes the amendment on page 187 of the Unconfirmed Minutes from Ordinary Meeting of Council held 25 February 2021; and

2.   Confirms the amended Unconfirmed Minutes as a true and accurate record of that meeting as republished on 24 March 2021.

CARRIED UNANIMOUSLY 7/0

 

8.         Presentations / Petitions / Deputations

 

Nil.

 

 

 

 

 

 

 

 

 

 

 

9.         Reports From Officers

 

9.1       People  

 

9.1.1      COMMUNITY DEVELOPMENT FRAMEWORK AND INFORMING STRATEGIES FOR ENDORSEMENT

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           CDE01

AUTHOR:                                                   Community Projects Officer

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

The draft Shire of Broome Community Development Framework and Informing Strategies were released for an eight-week public comment period, closing 31 December 2020. The community feedback received has been reviewed and officers have compiled the final documents for Council’s consideration.

This report requests Council to receive the feedback submitted and endorse the updated Community Development Framework and Informing Strategies for the period 2021 – 2025.

 

BACKGROUND

 

Previous Considerations

 

SMC 03 November 2020              Item 6.2.1 

OMC 10 December 2020             Item 11.1

 

Background

 

The Community Development Framework provides an overarching summary of the Shire’s approach to community development. The following documents were drafted and included in the Framework:

·     Community Safety Plan 2021 – 2025

·     Youth Plan 2021 – 2025

·     Town Beach Place Management Plan 2021 – 2025

·     Art and Culture Strategy and Action Plan 2021 – 2025

 

These documents have been developed to be complementary and contain actions deemed achievable within available resources as per the current staffing structure. Should new initiatives or major projects be developed during the lifespan of the plans the deliverables may need to be adjusted accordingly.

 

The engagement of key stakeholders was a focus in the development of the draft plans. Consultation was undertaken with the following key stakeholders, with each engaged for a minimum of one plan:

-     Shire of Broome (officers and elected members)

-     Shire of Broome Youth Advisory Council

-     WA Police

-     Department of Justice

-     Department of Communities

-     Department of Education

-     Department of Local Government, Sport and Cultural Industries

-     Nyamba Buru Yawuru

-     Kimberley Population Health Unit

-     Kullarri Patrol

-     Broome Youth and Families Hub

-     Broome PCYC

-     Broome Visitor Centre

-     Paspaley – Properties

-     Agunya LTD

-     Aarnja

-     Milliya Rumurra

-     Broome Senior High School

-     Year 13 Project

-     Town Beach Café

-     Shinju Matsuri Committee

-     Broome Stallholders Association

-     Broome Historical Society

-     Broome Chamber of Commerce

 

These groups were identified as primary and secondary stakeholders with a direct or general interest in one or more of the plans. The engagement process gathered input and sought involvement to assess their operational knowledge, community experience and organisational position in relation to the draft plans.

 

The draft Community Development Framework and Informing Strategies were subsequently developed, endorsed and advertised for an eight-week period from Wednesday 4 November to Thursday 31 December 2020.

 

The Art and Culture Strategy and Action Plan 2021 – 2025 was removed from public comment following the Council Meeting on 10 December 2020. Council requested that further consultation with the Broome arts sector be sought to better inform the plans. Officers have been meeting with stakeholders to obtain further feedback and will develop options for Council’s consideration.

 

A Community Safety Forum was organised in December 2020 to address concerns around public safety and formed part of the engagement process on the Draft Community Safety Plan 2021-2025. The themes identified through discussions at the Forum reinforced the priority areas within the Community Safety Plan 2021-2025 and strengthened the necessity for actions which address them.

 

At the close of the consultation period, a total of 11 submissions were received across the four draft plans - with some of the submissions relating to multiple plans. The submissions received are detailed below on a per plan basis:

·     Community Development Framework (one submission)

·     Community Safety Plan (five submissions)

·     Youth Plan (three submissions)

·     Town Beach Place Management Plan (six submissions)

 

COmment

 

Community Consultation and Engagement Reports (Reports) (Attachments 1- 4) have been developed which outline the public comment process and outcomes, including:

-     Summary of community consultation and engagement activities

-     Statistics on degree of ‘reach’ achieved through the public comment period

-     Submissions and officer’s assessment

-     Summary of all changes

 

The comments received through the public submissions reinforced the existing actions within the plans, which were informed by broad and targeted engagement earlier in the project.

 

All feedback (including the public comments) received was valuable when developing and reviewing the plans.

 

Following the outcome of the March OMC, Shire officers will contact workshop participants and community respondents individually to thank them for their feedback, explain how it has been utilised, and to provide an update on the Community Development Plans.

 

Assessment of the feedback resulted in changes that were considered minor in nature, and reflect:

1)   Additional detail to clarify actions;

2)   Alignment with actions included in Council’s Strategic Community Plan and Corporate Business Plan; and

3)   New deliverables to capture additional initiatives (e.g. current or planned).

 

The table below provides a brief summary of the public submissions and officers’ response, noting further details are contained in the Reports as attached.

 

Plan

Public Comment Themes

Officers’ Response

Community Development Framework

One submission including:

 

-     Lack of acknowledgment of the seniors community in the description of what constitutes a ‘Strong Community’

-     Community Engagement Framework not included in plans

 

Shire officers have made the following amendment to the plan:

 

-     Reworded description on Page 4 to ensure reflection of all ages.

 

Officers to contact respondent to provide information on the Community Engagement Framework.

Community Safety Plan

Five submissions received which highlighted the following areas of concern:

 

- Lighting

- Car theft

- Police resources

- Youth crime

- Itinerants

- Anti-social behaviour

 

Officers also considered the themes arising from the Community Safety Forum (December 2020).

Shire officers have made the following amendments to the plan:

 

 - 9 minor edits made to deliverables

- 8 additional deliverables included to target areas of concern

Youth Plan

Three submissions received highlighting the following areas of concern:

 

-     Lack of diversity in photo content

-     Youth crime

-     Funding for services

 

Shire officers made the following amendments to the plan:

 

-     Additional photos sourced

-     2 minor edits made to deliverables

-     2 additional deliverables included to address youth diversionary programs

Town Beach Place Management Plan

Six submissions received highlighting:

 

-     Youth crime at the precinct

-     Alcohol and anti-social behaviour

-     Tourism and development

-     Parking 

Shire officers have made the following amendments to the plan:

 

-     10 minor edits made to deliverables

-     2 additional deliverables

 

 

The edited plans and Reports were distributed to all Councillors on 5 March 2021 and workshopped on 9 March, 2021 (attended by Councillors Foy, Male, Matsumoto, Mitchell, Taylor and Wevers). Only minor changes were flagged during this process. The final plans are included as Attachments 5 – 8 to this report.

 

CONSULTATION

 

Shire officers implemented a range of broad and focussed engagement activities to advertise the public comment period and seek feedback on the draft plans. These included:

·     Documents made available electronically on the Shire of Broome website

·     Hard copies of the plans were on display at the Shire administration building and the Broome Public Library

·     Shire News and E-Newsletter advertisement

·     Social media posts distributed via the Shire Facebook page 

·     Radio announcements via Triple M Broome 102.9

·     Two community engagement stalls held at the Broome Boulevard and Paspaley Plaza in December 2020

·     Targeted emails were distributed to the Broome Youth Coordinators Network, Youth Advisory Council, workshop participants, Shire Councillors, Chamber of Commerce 

·     Mail-out letters to Town Beach Residents

 

A total of 11 submissions were received across the four draft plans. Shire officers note that despite the low number of responses, there was significant reach achieved during the public comment period which is hoped to have created an increased awareness of the Shire’s commitment.

 

As an example, when investigating the analytics from the Shire Facebook Page to determine the level of community reach, two Facebook posts in November 2020 encouraging feedback on the draft Community Safety Plan 2021 – 2025 were viewed by 1799 Facebook profiles. The nine Facebook posts issued during the public comment were viewed 15,556 times. When viewing the figures, Shire officers note there is potential for some duplication across Facebook profiles. A detailed summary of the the level of reach is outlined within the Reports for each of the plans.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

3.4.6 Community Engagement

 

FINANCIAL IMPLICATIONS

 

The documents have been developed as informing strategies that will guide future budget allocations and direction of the Shire. Adoption of the final plans does not commit the Shire to funding - instead they will inform annual funding requests to be developed and considered through annual budget processes.

 

The actions for the Shire to deliver have been based on current staffing resources at the time of presentation to Council. Additional actions or projects adopted by the Shire may impact the full delivery of the plans.

 

RISK

 

The following table outlines the key risks identified with this project and the mitigation strategies proposed to address these risks in accordance with the Shire’s Risk Management Policy.

 

Risk

Type

Rank

Mitigation

Stakeholder dissatisfaction

Reputational

 

Medium

Shire officers have followed the procedures within the endorsed Community Engagement Framework to undertake a broad range of engagement with stakeholders in the development of the draft plans, and during the public comment period.

Political Risk

Reputational

 

Medium

The Community Development Framework and Informing Strategies will provide guidance on priority areas for the Shire in the delivery of Community Development initiatives. 

Lack of community feedback on draft plan

Reputational

Medium

Broad stakeholder consultation and engagement has been completed as part of this project. Further feedback will be sought in the development of individual projects.

Lack of staffing resources to deliver actions

Reputational

Low

The outlined actions for the Shire to deliver have been based on current staffing levels and may be adjusted should major or unforeseen projects arise in the future.

Number of deliverables included in each plan

 

Reputational

Low

The deliverables have been developed through community consultation and the results of the Community Perceptions Survey which was completed in 2020. The survey identified that Safety and Security was a top community priority; and this is reflected in the breadth of the corresponding plan.

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone:

 

A preserved, historical and cultural heritage of Broome

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone.:

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution

(Report Recommendation)                                                                                     Minute No. C/0321/004

Moved: Cr C Mitchell                                                                                    Seconded: Cr B Rudeforth

That Council:  

1.       Notes the feedback received from the public in relation to the Shire of Broome Community Development Framework and Informing Strategies 2021 – 2025.

2.       Endorses the Shire of Broome Community Development Framework 2021 – 2025 (Attachment 5).

3.       Endorses the Shire of Broome Community Safety Plan 2021 – 2025 (Attachment 6).

4.       Endorses the Shire of Broome Youth Plan 2021 – 2025 (Attachment 7).

5.       Endorses the Shire of Broome Town Beach Place Management Plan 2021 – 2025 (Attachment 8).

CARRIED 6/1

 

Attachments

1.

Attachment 1 - Community Development Framework - Consultation and Engagement Report

2.

Attachment 2 - Community Safety Plan - Consultation and Engagement Report

3.

Attachment 3 - Youth Plan - Consultation and Engagement Report

4.

Attachment 4 - Town Beach Place Management Plan - Consultation and Engagement Report

5.

Attachment 5 - Community Development Framework 2021 - 2025

6.

Attachment 6 - Community Safety Plan 2021 - 2025

7.

Attachment 7 - Youth Plan 2021 - 2025

8.

Attachment 8 - Town Beach Place Management Plan 2021 - 2025

  


Item 9.1.1 - COMMUNITY DEVELOPMENT FRAMEWORK AND INFORMING STRATEGIES FOR ENDORSEMENT

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

9.2       Place  

 

 

9.2.1      AMENDMENT TO LOCAL DEVELOPMENT PLAN NO 8 - PORTIONS OF LOTS 1648 AND 9050 MACPHERSON STREET, DJUGUN

LOCATION/ADDRESS:                              Portions of Lots 1648 and 9050 Macpherson Street, Djugun

APPLICANT:                                              Shrapnel Urban Planning

FILE:                                                           FRE-1/LT 1648

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

Local Development Plan No.8 (previously referred to as Detailed Area Plan No.8) was adopted by Council at the Ordinary Council Meeting on the 14 June 2012. It covers a total area of 5.7ha and includes portions of Lots 1648 and Lot 9050 Macpherson Street, Djugun. The Local Development Plan No.8 (LDP8) was adopted to guide future commercial development on the subject land.

The applicant is proposing minor modifications to the existing approved LDP8 to respond to market conditions and increase design flexibility in the LDP8 area. The proposed amendment will not result in a net increase in total lot area, whilst the existing approved access and egress from Frederick Street is not proposed to be altered. The LDP amendment is recommended for approval.

 

BACKGROUND

 

Previous Considerations

 

OMC 24 November 2011                  Item 9.2.4

OMC 14 June 2012                            Item 9.2.3

 

At the Ordinary Council Meeting on the 14 June 2012, Council resolved the following:

 

COUNCIL RESOLUTION

(REPORT RECOMMENDATION)

 

Moved: Cr C R Mitchell                                             Seconded: Cr M Manado

That Council:

1.   Approves the modified Detailed Area Plan No.8 – Frederick Street Commercial Area – Parts of Lots 1653 and 1648 Frederick Street, Djugun in accordance with Clause 4.27.1.4 of the Shire of Broome Town Planning Scheme No. 4 as set out in Attachment 3; and

2.   Authorises the Shire President and Chief Executive Officer to engross the Detailed Area Plan No. 8 documents.

CARRIED UNANIMOUSLY 5/0

 

It should be noted that since the introduction of the Planning and Development (Local Planning Schemes) Regulations 2015, Detailed Area Plans are now titled Local Development Plans. The report will therefore reference the planning instrument subject of this report as Local Development Plan No 8 (LDP8) herein.

 

Attachment No 1 includes a copy of the adopted LDP8. LDP8 was adopted to guide the development and lot layout of the land in line with the guidance provided in the Airport Development Plan (adopted by the Shire of Broome in November 2009 and the West Australian Planning Commission in October 2012) and the then 2007 Local Commercial Strategy.

 

Site and Surrounds

 

 

The total area covered by LDP8 is approximately 5.7ha. The site is located to the immediate east of the Broome Boulevard shopping centre. The subject land is bounded by the airport to the east and north and Frederick Street to the south.

 

LDP8 was adopted by Council in 2012 to enable the development of commercial land uses on the subject site, consistent with the adopted Airport Development Plan and the 2007 Local Commercial Strategy, which recommended that bulky goods/large format retail land uses be developed in this location.

 

Since this time, the following changes have occurred to the local planning framework:

·     The Local Planning Strategy was adopted by the Shire and the WAPC in 2014 which shows the subject land as Service Commercial and recommends the following under Section 2.4.7 of the Strategy ‘Promote and encourage development along the north side of Frederick Street as showrooms and bulky goods retail’.

·     Local Planning Scheme No 6 was gazetted in 2015, which saw the change in zoning of the site from ‘Development’ under Town Planning Scheme No 4 to ‘Service Commercial’.

 

The Shire has also reviewed the 2007 Local Commercial Strategy, and adopted a new Local Commercial Strategy in 2017, which recommends some changes to LDP8, specifically:

 

·     Remove inconsistency between the ‘Service Commercial’ zoning and the ‘Mixed Use’ land use identified on the Airport Development Plan and the Frederick Street Local Development Plan No 8.

 

The applicant is proposing to amend LDP8 to address the recommended changes under the Local Commercial Strategy, notably in this regard the reference to the Mixed-Use zoning has been removed. Amendments are also proposed to lot configuration and building envelopes to accommodate potential tenants within the subject land.

 

In summary, the following amendments are sought to LDP8:

·     Layout changes:

Increased setback of the building envelope from Frederick Street to provide for a more consistent and visually cohesive street setback. This amendment will also improve the potential impact of building bulk on the streetscape.

The design also provides for varying setbacks to the adjoining lot (Broome Boulevard shopping centre), therefore reducing the impact of building bulk. Similarly, with the existing LDP, all building envelopes include front boundaries which can be varied in accordance with the provisions of the LDP and LPS6.

·     Removal of condition No 2, which provides reference to the potential land uses and the ‘Mixed Use’ zoning. This is no longer required as the site is now zoned ‘Service Commercial’. Consequently, any future land uses would be guided as per the zoning table under Local Planning Scheme No 6 (LPS6) rather than the LDP. This inconsistency is highlighted in the Shire’s Local Commercial Strategy (2017).

·     Addition of a ‘public road’ notation in the internal layout. The current LDP does not include this notation, however, the public road is consistent with the Shire’s endorsed Airport Development Plan (2012) and has been conditionally approved by West Australian Planning Commission (WAPC) as part of an earlier subdivision application which has lapsed. The conditional subdivision approval required the landowner / applicant to design and construct the public road to the satisfaction of the local government or, subject to agreement of WAPC and local government, pay for the costs of infrastructure as estimated by the local government.

·     Minor modifications to individual lot sizes, however, it should be noted that there is no net increase to the total lot size. These modifications are to provide for greater flexibility and increase development potential of the proposed lots.

·     Removal of one of the access points to the Broome Boulevard site to the south. The condition of LDP, noting that any dual access will need to be negotiated and agreed to by both landowners remains on the LDP.

 

The other provisions of the LDP, including road alignment, reciprocal parking and access to the LDP8 area are not proposed to change. No net increase in total proposed lot area is proposed and the access and egress arrangements are consistent with the existing approved LDP. There is therefore no significant increase in traffic expected in the proposed amended LDP, when compared with the 2012 version.

 

Any future development within the LDP area will be subject to the development application process and will be considered against the LDP and wider planning framework.

 

A copy of the amended LDP is provided in Attachment No 2.

 

COMMENT

 

The Planning and Development (Local Planning Schemes) Regulations 2015, (the Regulations) and the Western Australian Planning Commissions (WAPC) Framework for Local Development Plans (August 2015), (the WAPC Framework) provide direction on the preparation and content of an LDP and the process for adopting or amending a LDP. The provisions of the LDP must also be consistent with the local planning framework. The comments below will provide an assessment of the amendment to the LDP against the planning framework and the Regulations and WAPC Framework.

 

Local Planning Framework

 

The subject site is identified as ‘Service Commercial’ under the Shire’s Local Planning Strategy and is similarly zoned ‘Service Commercial’ under LPS6.  The LDP prepared will provide guidance on the lot layout and built form development on site. The provisions of the LDP, with regard to the position of the building envelopes and site coverage, are consistent with the development standards established for the Service Commercial zone under Schedule 8 of LPS6.

 

As outlined above, the amendments proposed to the LDP are also consistent with the Local Commercial Strategy, which recommends that the reference to Mixed Use and land uses currently contained in the LDP are removed.

 

It is considered that the LDP provides adequate controls to guide the future development and future lot layout for the site. It should be noted that as development is proposed on each of the lots, development approval will still need to be sought and obtained from the Shire and it is at this stage that detailed consideration is given to the matters such as car parking, landscaping, stormwater management, etc. The provisions of the Scheme relative to these development matters would still apply.

 

Infrastructure

 

The amended LDP was referred to the Shire’s Infrastructure Directorate, who raised no objections to the plan. It was noted that the number and location of the access / egress locations were generally consistent with the previous LDP. It was also noted that LDP includes public roads that are proposed to be transferred to the Shire when the property is subdivided, which will have asset management implications.

 

The Regulations and WAPC Framework

 

Clause 59 of the Regulations establishes the process for an amendment to an LDP, which includes:

·     An LDP may be amended by the local government;

·     A person who owns land covered by an LDP may request the local government to amend the plan;

·     The procedures for making an LDP are established in the Regulations, with any necessary changes, to be followed in relation to an amendment of an LDP;

·     The local government may decide not to advertise an amendment to an LDP, if in the option of the local government, the amendment is minor in nature; and

·     An amendment to an LDP does not extend the period of approval of the plan, unless, at the time the amendment is approved, the local government agrees to extend the period.

 

In relation to advertising of the amendments to the LDP, the amendments proposed are considered minor in nature and do not give rise to any material changes that call for the need for public advertising. The current LDP will expire on 19 October 2025. In accordance with clause 57 of the Regulations, the applicant has requested that the term of the approval be extended to a further 10 years. Given the LDP’s consistency with the local planning framework, it is recommended that Council in approving the amendment, also extends the term of approval for a further 10 years.

 

The WAPC Framework has been prepared by the WAPC to guide the manner and form in which an LDP is to be prepared under the Regulations. The WAPC Framework establishes that an LDP is a mechanism used to coordinate and assist in achieving better built form outcomes by linking lot design to future development. The Framework establishes the level of information required to be supplied, format and content. The LDP prepared is deemed consistent with the WAPC Framework.

 

Given the above, it is recommended that Council adopts the amendments to the LDP.

 

CONSULTATION

 

The application is seeking an amendment to an LDP that was adopted by Council in 2012. Clause 59 of the Regulations establish that when considering an amendment to an LDP, the local government may decide not to advertise the amendment if the amendment is of minor nature.

 

The amendments proposed under the LDP are considered to be minor in nature, as the proposed lot modifications are not considered to be significantly different to the current LDP. Furthermore, it should be noted, under the Shire’s Local Planning Policy 8.23 – Public Consultation – Planning Matters (LPP 8.23), Schedule 1 does not specifically require Local Development Plans to be advertised for public comment. Where considered necessary, LDPs can nevertheless be advertised in accordance with the provisions of the Regulations and the guidance of LPP 8.23.

 

STATUTORY ENVIRONMENT

 

Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 (Deemed Provisions)

52. Decision of local government

     (1)     Following consideration of a proposed local development plan, including any amendments made to the plan to address matters raised in submissions, the local government must —

                   (a) approve the local development plan; or

                   (b) require the person who prepared the local development plan to —

                            (i) modify the plan in the manner specified by the local government; and

                            (ii) resubmit the modified plan to the local government for approval; or

                   (c) refuse to approve the plan

54.          Review

               A person who prepared a local development plan may apply to the State Administrative Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, of a decision by the local government not to approve the local development plan.

56.          Effect of local development plan

     (1)     A decision-maker for an application for development approval in an area that is covered by a local development plan that has been approved by the local government must have due regard to, but is not bound by, the local development plan when deciding the application.

     (2)     A decision-maker for an application for development approval in an area referred to in clause 47 as being an area for which a local development plan may be prepared, but for which no local development plan has been approved by the local government, may approve the application if the decision-maker is satisfied that —

                 (a)     the proposed development does not conflict with the principles of orderly and proper planning; and

                 (b)     the proposed development would not prejudice the overall development potential of the area.

57.          Duration of approval

     (1)     The approval of a local development plan has effect for a period of 10 years commencing on the day on which the local government approves the plan, or another period determined by the local government, unless the local government earlier revokes its approval.

     (2)     For the purposes of subclause (1), a local development plan that was approved before 19 October 2015 is taken to have been approved on that day.

     (3)     A local government may extend the period of approval of a local development plan if there are no changes to the terms of the plan or the conditions attached to the approval.

58.          Revocation of local development plan

               The local government must not revoke approval of a local development plan unless this Scheme is amended so that the development to which the plan relates is a non‑conforming use.

59.          Amendment of local development plan

     (1)     A local development plan may be amended by the local government.

     (2)     A person who owns land in the area covered by a local development plan may request the local government to amend the plan.

     (3)     The procedures for making a local development plan set out in this Part, with any necessary changes, are to be followed in relation to an amendment to a local development plan.

     (4)     Despite subclause (3), the local government may decide not to advertise an amendment to a local development plan if, in the opinion of the local government, the amendment is of a minor nature.

     (5)     An amendment to a local development plan does not extend the period of approval of the plan unless, at the time the amendment is approved, the local government agrees to extend the period.

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The Amendment to the LDP attracted regulated fees prescribed in Council’s adopted Fees and Charges as well as budgeted staff time.

 

The LDP includes public roads that are proposed to be transferred to the Shire when the property is subdivided. These roads (with included infrastructure i.e. drainage and lighting), will then require ongoing asset management by the Shire.

 

RISK

 

Reputation

Should the application to amend the LDP be refused, there is risk of reputational damage due to the multi-faceted role of Council. In this instance, Council has a regulatory function in the administration and assessment of the amendment to the LDP as guided by relevant legislation and the Local Planning Framework. Departures from the adopted planning framework as considered in this report, should be exercised with caution as these documents provide the basis for all planning decisions.

 

Quasi-judicial

Should Council not approve the amendment to the LDP, the applicant / proponent may seek a review of Council’s decision to the State Administrative Tribunal as per the terms of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

STRATEGIC IMPLICATIONS  

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone:

 

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

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

Affordable land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/005

Moved: Cr B Rudeforth                                                                                    Seconded: Cr C Mitchell

 

That Council approves amended Local Development Plan No.8 – Portions of  Lots 1648 and Lot 9050 Macpherson Street, Djugun as contained in Attachment 2, in accordance with Clause 52 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Deemed Provisions) for a period of 10 years, until 25 March 2031.

 

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Attachment 1 - Current LDP8

2.

Attachment 2 - Proposed LDP8

  


Item 9.2.1 - AMENDMENT TO LOCAL DEVELOPMENT PLAN NO 8 - PORTIONS OF LOTS 1648 AND 9050 MACPHERSON STREET, DJUGUN

 

 


Item 9.2.1 - AMENDMENT TO LOCAL DEVELOPMENT PLAN NO 8 - PORTIONS OF LOTS 1648 AND 9050 MACPHERSON STREET, DJUGUN

 

 

 

 


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

 

9.2.2      2021 LANDFILL CLOSURE MANAGEMENT PLAN

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           RES40813.3

AUTHOR:                                                   Manager Works

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

The Landfill Closure Management Plan (2021) (LCMP) for the Buckley’s Road Waste Management Facility includes the best practice procedures for closure of a landfill and is presented for Council’s consideration.

This report recommends Council endorse the LCMP (2021) and incorporate the new financial model into Council’s Long-Term Financial Plan.

 

BACKGROUND

 

Previous Considerations

 

OMC 18 July 2013      Item 9.3.1

 

COMMENT

 

In late 2018 it was identified through quarterly volumetric surveys that the space within the existing landfill would expire in 2020. In 2019 the Shire engaged waste consultants, ASK, to review the life expectancy of the landfill and find contingency possibilities.

 

As a result of the consultation, a submission by the Shire to the Department of Water and Environmental Regulation (DWER) for an amendment to the landfill license was requested and granted. This change to the license extended the life of the existing landfill until July 2024. The amendment to the licence allowed an increase to the footprint of the landfill through extending the toe and increasing the slope of the side of the landfill.

 

Further, ASK Consultants identified a contingency area that would allow for an extension to the life of the landfill until the end of December 2025.  Extending into the contingency area requires extending into the current transfer station area at the landfill.

 

The changes to the license, the extension into the contingency area and the subsequent increased cost to close the landfill, informed an update to the Landfill Closure Management Plan (see Timeline 1).

 

 

Timeline 1: Shire of Broome Landfill Closure plan

 

DATE

ACTIVITY

2012

Landfill Closure Management Plan written for the Buckley’s Road Landfill Facility by ASK consultants and approved by DWER

2013

The 2012 Landfill Closure Management Plan was endorsed by Council

2014

Changes to landfill closing requirements and review of the remaining life of the site prompted a review of the 2012 closure plan.

Early 2019

ASK consultants engaged to look at the life expectancy of the landfill site and suggest methods of extending the time to closure.

Late 2019

A landfill license amendment was submitted to DWER to increase the footprint of the landfill through extending the toe of the landfill and increasing the slope of the sides.

2020 -21

ASK consultants engaged to update the Landfill Closure Management Plan to include the incorporated changes from the license amendment, the contingency area and associated closure costs.

 

The LCMP is a vital tool to enable the best practice closure of any active Landfill. It has been produced to achieve the following objectives:

·     Develop final contours and landform designs for the landfill that are stable and meet best practice guidelines and can be used to guide landfilling operations and site works going forward.

·     Develop a landfill cap design that will provide a physical barrier between waste and the environment and restrict the infiltration of rainwater into the waste mass and minimise the production of leachate.

·     Develop a stormwater management design that minimises leachate generation and controls the release of stormwater from the Facility.

·     Develop an appropriate landfill gas management system to control the generation of landfill gases and reduce any significant risk of adversely impacting the surrounding environment.

·     Develop a post closure management and monitoring program that can be implemented to ensure that environmental impacts are minimised after the landfill cells are closed and rehabilitated.

·     Provide a bill of quantities and cost estimates for closure and rehabilitation works that the Shire can use to budget for future liabilities.

 

With the rate of filling at Buckley’s Road this plan needs to be endorsed to enable full transparency and financial inclusion in the LTFP. Closure will be staged, and it is proposed to utilise Shire resources to achieve this.

 

Attachment 1 contains the full report, outlining all the DWER requirements and includes conformance to the Shires licence conditions. DWER has reviewed the document, which is consistent with 2012 closure plan and has not provided any comments.

 

The image below is the proposed capping design including 1m of cover material and 200mm of mulch, which satisfies the site licence conditions.

 

 

The Plan will become an operational tool once endorsed and will be the working document for budget considerations into the future.

 

CONSULTATION

 

ASK Waste Management

DWER

 

STATUTORY ENVIRONMENT

 

Environmental Protection (Rural Landfill) Regulations 2002

 

17. Post-closure plan

 

(1) The occupier of a landfill site must prepare and submit to the Chief Executive Officer for approval a post-closure rehabilitation plan, in accordance with sub regulation (2), for the site within 18 months of the site being registered under regulation 5B of the Environmental Protection Regulations 1987.

Penalty: $5 000.

 

(2) A post-closure rehabilitation plan is to set out a plan for the rehabilitation of the site after it has ceased to be a landfill site and is to specify —

(a) options for the use of the site after it has ceased to be a landfill site, and is to specify the preferred option;

(b) a conceptual design of the infrastructure needed for the preferred option for the use of the site after it has ceased to be a landfill site;

(c) the estimated final contours of the site, after allowing for settlement, and specifying to what extent settlement has been allowed for;

(d) the capping materials proposed to be used on the site;

(e) a proposed system of drainage of the site;

(f) measures proposed for the protection of the environment and the monitoring of the site; and

(g) the estimated period for which the site will require protection and monitoring.

 

 

POLICY IMPLICATIONS

 

Nil

FINANCIAL IMPLICATIONS

 

The costings provided in the LCMP (2012) total $4,243,180 for the closure of the current landfill without the contingency area. The LCMP (2021) considers costs over the remaining operational life to financial year 2025/26. The estimated total cost including contingency as detailed in the table below is $3,401,266 Ex GST. The Financial table within the LCMP (2021) will be used to inform the Long-Term Financial Plan.

 

 

Review of costings has identified considerable savings through allocation of internal resources to undertake the closure works. A Project Brief has been developed for consideration through the 2021/22 budget process to include an additional internal resource to facilitate the placement and compaction of materials.

 

The current available budget in the Refuse Site Reserve is $2,400,000. As such the shortfall in funding in later years of this plan will need to be funded through either:

 

·     Additional revenue realised through fees and charges; or

·     Development of Shire reserve vested for Pindan extraction to reduce material costs.

 

It should be noted that the Shire has a licence requirement to monitor the Buckley’s Road site for 30 years after closure. Operational funding is required for that 30-year period and is estimated at $460,000Ex GST over the 30 years. These activities and costings are summarised below.

 

Description

Parameter

 Total cost

 

 

 

Post closure

Groundwater monitoring (6 monthly - 10 years)

130,000

 

Groundwater monitoring (annually 11- 30 years)

120,000

 

Landfill cap and rehab monitoring

15,000

 

Landfill gas monitoring

15,000

 

Leachate monitoring (sediment ponds)

30,000

 

Landfill cap maintenance (contingency)

150,000

 

TOTAL OPERATIONAL

460,000

 

RISK

 

Several risks are pertinent to endorsement of this plan:

·     Best practice closure procedures are adopted to ensure environmental hazards are minimised and 30 years of monitoring are planned.

·     Imminent closure of the site – the plan sets out areas to be filled and methods to achieve optimal space.

·     Cost of waste disposal if it must be taken to another facility, and whether it would be accepted – space optimisation is primary.

·     Safety issues for the public and staff – site manoeuvrability decreases as the site fills, interaction between large and small vehicles increases.

·     Increased operational cost as staff time to fill the landfill increases.

·     Possibility of a spike in waste generated from a disaster (cyclone, fire).

·     Special waste like asbestos / quarantine / bulky waste (e.g. Broome Primary School, waste from communities) will decrease the airspace through increased cover material.

·     Contingency area needs to be available by June 2023 to enable expansion of the landfill.

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

A healthy and safe environment

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone:

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone.:

 

Sustainable and integrated strategic and operational plans

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/006

Moved: Cr C Mitchell                                                                                    Seconded: Cr P Taylor

That Council:  

1.   Adopts the Landfill Closure Management Plan (2021) as attached;

2.   Requests the Chief Executive Officer to include the financial implications of the Landfill Closure Management Plan (2021) within the next review and update of the Long-Term Financial Plan; and

3.   Requests the Chief Executive Officer investigate opportunities for pindan extraction from Shire Reserves vested for that purpose.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Attachment 1 - Landfill Closure Management Plan Buckleys Road Waste Management Facility

  


Item 9.2.2 - 2021 LANDFILL CLOSURE MANAGEMENT PLAN

 

 

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MinutesOrdinary Meeting of Council 25 March 2021 Page 1 of 2

 

9.3       Prosperity 

 

There are no reports in this section. 

 


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

9.4       PERFORMANCE  

 

 

9.4.1      MONTHLY PAYMENT LISTING FEBRUARY 2021

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Creditors

CONTRIBUTOR/S:                                     Finance Officer - Rates

RESPONSIBLE OFFICER:                           Acting Director Corporate Services

DISCLOSURE OF INTEREST:                       Nil

 

 

 

SUMMARY:

This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for February 2021.

 

BACKGROUND

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds as per the budget allocations.

 

COMMENT

 

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 February 2021.

 

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 February 2021 after $1,142,374.89 in personnel payments, and $1,572,382.86 in utilities and other non-local sole suppliers were 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  

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Recommendation)                                                                                     Minute No. C/0321/007

Moved: Cr C Mitchell                                                                                    Seconded: Cr F West

That Council:  

1.   Receives the list of payments made from the Municipal and Trust Accounts in February 2021 totalling in $4,160,003.73 (Attachment 1) as per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a)      EFT Vouchers 59425 to 59866 totalling $3,991,735.58;

b)      Municipal Cheque Vouchers 57670 – 57673 totalling $2,055.82

c)      Trust Cheque Vouchers 000 - 000 totalling $0.00; and

d)      Credit Card Payments and Municipal Direct Debits DD29055.1 - DD29138.5 totalling $166,212.33.

2.   Notes the local spend of $1,015,622.29 included in the amount above, equating to 70.27% of total payments excluding personnel, utility and other external sole supplier costs

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

MONTHLY PAYMENT LISTING FEBRUARY 2021

  


Item 9.4.1 - MONTHLY PAYMENT LISTING FEBRUARY 2021

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

Cr E Foy left the meeting at 5.36 pm and did not return to the meeting.

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT FEBRUARY 2021

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Acting Coordinator Financial Services

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Corporate Services

DISCLOSURE OF INTEREST:                       Nil

 

 

 

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 28 February 2021, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

 

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).

 

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 2020/21 Annual Budget was adopted at the Ordinary Meeting of Council on 25 June 2020. The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed                        66.58%

Total Rates Raised Revenue            100% (of which 85.79% has been collected)

Total Other Operating Revenue      61%

Total Operating Expenditure            58%

Total Capital Revenue                      67%

Total Capital Expenditure                 38%

Total Sale of Assets Revenue           17%

 

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 2020/21 Annual Budget that was presented at the Ordinary Meeting of Council on 25 June 2020, Council adopted a balanced budget to 30 June 2021.

 

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

 

Nil

 

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  

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Recommendation)                                               Minute No. C/0321/008

Moved: Cr C Mitchell

                                                                                     Seconded: Cr P Taylor

That Council adopts the Monthly Financial Activity Statement Report for the period ended 28 February 2021 as attached.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

MONTHLY STATEMENT OF FINANCIAL ACTIVITY  FEBRUARY 2021

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT FEBRUARY 2021

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

 

9.4.3      ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY REGISTER

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           ARE02

AUTHOR:                                                   Manager Governance, Strategy and Risk

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

The purpose of this report is for Council to complete the 2020/21 annual review of delegations across various legislations.

 

This review includes the transition of the Shire of Broome Delegations Register to the WALGA recommended format for delegation registers which was endorsed by Council at the last review. 

 

BACKGROUND

 

The Instrument of Delegation Register was last presented to Council for review on 27 February 2020.

 

Section 5.46(2) of the Local Government Act 1995 (the Act) requires that a local government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year.  

 

In simple terms the need for a delegation occurs where the legislation refers to “the local government may” do something. In the absence of a delegation from Council a Council decision would be required each time.  Functions able to be delegated are administrative in nature and a function of the CEO in accordance with section 5.41(d) of the Act.  

 

Delegations are also required for other legislation such as the Building Act 2011, Bushfires Act 1954, Cat Act 2011, Dog Act 1974, Food Act 2008, Graffiti Vandalism Act 2016, Public Health Act 2016 and Planning and Development Act 2005.

 

COMMENT

 

The existing delegations register has been converted to the WALGA recommended format as endorsed by Council at the last review. The contemporary drafting of delegations in the new register will advance governance practices and improve understanding of delegations across the Shire.

 

Due to the change in format, a track change comparison between the existing register and new register is not possible. By and large the intent and obligations of the existing delegations have remained the same.

 

To assist Councillors with their review and deliberations a comparative table has been created, with both the old and new delegations register being detailed in attachment 1 and 2 to this report. Changes for consideration have been highlighted in the table below.

 

Comparative Delegation No. / Title

Review Outcome

Proposed 2020/21 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

Local Government Act 1995 – Council to CEO

1.2.1 Performing Functions Outside the District

Nil.

NEW. Facilitates regional collaboration considerations

1.2.2 Compensation for Damage Incurred when Performing Executive Functions

Nil.

NEW. Addresses current gap in delegation register and ensures administrative efficiency.

1.2.3 Powers of Entry

Nil.

NEW. Addresses current gap in delegation register to ensure that correct legislative processes are adhered to.

1.2.4 Declare Vehicle is Abandoned Vehicle Wreck

LGA13 Declaring a Vehicle to be Abandoned Vehicle Wreck.

Redrafted to new format

1.2.5 Confiscated or Uncollected Goods

LGA15 Disposal of Impounded Vehicles and Goods.

Redrafted to new format

1.2.6 Disposal of Sick or Injured Animals

LGA16 Disposing of Sick or Injured Impounded Animals

Redrafted to new format

1.2.7 Close Thoroughfares to Vehicles

LGA1   Activities Requiring Approval

LGA11 Cape Leveque Road, Wet Season Closure and Load Limits

LGA27 Permits, Road Trains and Extra Mass

LGA35 Road Closures, General and Temporary

Redrafted to new format combining multiple previous delegations for the same express legislative power.

1.2.8 Control Reserves and Certain Unvested Facilities

LGA5 Approval of Signage within Active Reserves

LGA6 Approval to use Council Property for Activities Involving the Sale or Supply and Consumption of Liquor

LGA7 Approve applications for Public Health Initiatives.

Redrafted to new format combining multiple previous delegations for the same express legislative power.

1.2.9 Obstruction of Footpaths and Thoroughfares

LGA20 Local Government (Uniform Local Provisions) Regulations 1996, Consent, Permission or Approvals

Redrafted to new format. Existing delegation LGA20 separated into 7 individual delegation templates

 

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

1.2.10 Gates Across Public Thoroughfares

LGA20

As per 1.2.9

1.2.11 Public Thoroughfare – Dangerous Excavations

LGA20

As per 1.2.9

1.2.12 Crossing – Construction, Repair and Removal

LGA20

As per 1.2.9

1.2.13 Private Works on, over or under Public Places

LGA20

As per 1.2.9

1.2.14 Give Notice to Prevent Damage to Local Government Property from Wind Erosion and Sand Drift

LGA20

As per 1.2.9

1.2.15 Expressions of Interest for Goods and Services

LGA37 Tenders for Goods and Services

Redrafted to new format. Separates EOI’s and Tenders into separate delegation templates

1.2.16 Tenders for Goods and Services

LGA37 Tenders for Goods and Services

Redrafted to new format.

 

Recommend CEO delegation to undertake tender exempt procurement and to accept and reject tenders be increased to $500,000 on the basis that expenditure is contained within the approved annual budget.

1.2.17 Panels of Pre-Qualified Suppliers for Goods and Services

LGA41 Panels of Pre-qualified Supplies

Redrafted to new format.

 

1.2.18 Application of Regional Price Preference Policy

Nil.

NEW. Addresses current gap in delegation register to ensure that correct legislative processes are adhered to.

1.2.19 Disposing of Property

LGA14 Disposal and Acquisition of Assets (Other than Land)

Redrafted to new format.

 

Recommend CEO delegation limit increase to $500,000 on the condition that the disposal is contained within the approved annual budget.

1.2.20 Payments from the Municipal or Trust Funds

LGA22 Municipal / Trust Fund, Authorisation of Payments, including Creditors

Redrafted to new format.

 

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

1.2.21 Defer, Grant Discounts, Waive or Write Off Debts

LGA10 Waiving and refunding of fees for applications administered by Development Services

LGA39 Defer, Grant Discounts, Waive or Write Off Debts

Redrafted to new format combining two previous delegations for the same express legislative power.

 

Recommend CEO delegation for minor debt write offs be increased from $1,000 to $2,000.

1.2.22 Power to Invest and Manage Investments

LGA19 Investment of Surplus Funds

Redrafted to new format.

 

1.2.23 Rate Record Amendment

Nil.

NEW. Addresses current gap in delegation register to ensure that correct legislative processes are adhered to.

1.2.24 Agreement as to Payment of Rates and Service Charges

LGA30 Rates and Service Charges – Agreements

Redrafted to new format.

 

1.2.25 Determine Due Date for Rates or Service Charges

Nil.

NEW. Required to cover setting of payment date on interim rates notices.

1.2.26 Recovery of Rates or Service Charges

LGA32 Rating and Services Charges, Caveat

LGA33 Rating and Service Charges, Legal Action for Recovery

Redrafted to new format combining two previous delegations for the same express legislative power.

 

1.2.27 Recovery of Rates Debts – Require Lessee to Pay Rent

LGA34 Recovery of Rates and Service Charges – Leased Properties

Redrafted to new format.

 

1.2.28 Recovery of Rates Debts – Actions to Take Possession of the Land

Nil.

NEW. Addresses current gap in delegation register.

 

This is the final administrative step in the long and prescriptive rates debt recovery process that Council is fully informed of along the way.

1.2.29 Rate Record – Objections

Nil.

NEW. Addresses current gap in delegation register.

 

Assessment of whether somebody is eligible for rate exemption is an administrative function.

 

Essentially akin to a quasi judicial decision that is appealable.

 

 

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

1.2.30 Renewal or Extension of Contracts during a State of Emergency

Nil.

NEW. Delegation is in response to issues encountered during the COVID pandemic that led to changes in regulations.

1.2.31 Procurement of Goods or Services required to address a State of Emergency

Nil.

NEW. As per 1.2.30

Local Government Act 1995 – CEO to Employees

1.3.1   Determine if an Emergency for Emergency Powers of Entry

For Information Only. Certain activities are the CEO’s responsibility directly under the Act.

 

The CEO has the power to sub-delegate these tasks and the WALGA register formalises these delegations into one register.

1.3.2   Determine and Manage Conditions on Approvals to Obstruct a Public Thoroughfare

1.3.3   Determine and Manage Conditions on Permission for Dangerous Excavations on or on land adjoining Public Thoroughfares

1.3.4   Determine and Manage Conditions on Permission for Private Works on, over, or under Public Places

1.3.5   Electoral Enrolment Eligibility Claims and Electoral Roll

1.3.6   Destruction of Electoral Papers

1.3.7   Appoint Authorised Persons

1.3.8   Information to be Available to the Public

1.3.9   Financial Management Systems and Procedures

1.3.10 Audit – CEO Review of Systems and Procedures

1.3.11 Infringement Notices – Withdrawal and Extension of Time

 

Local Law Delegations to the CEO

 

Delegations with respect to Local Laws are not currently in place.

 

All local laws will be reviewed. Draft delegations will be developed and presented to Council for approval in the future.

 

 


 

 

Building Act 2011 Delegations to CEO

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

2.1.1   Grant a Building Permit

BA1   Administering the Building Act 2011

Redrafted to new format. Existing delegation BA1 separated into 9 individual delegation templates

2.1.2   Demolition Permits

2.1.3   Occupancy Permits or Building Approval Certificates

2.1.4   Designate Employees as Authorised Persons

2.1.5   Building Orders

2.1.6   Inspection and Copies of Building Records

2.1.7   Referrals and Issuing Certificates

2.1.8   Private Pool Barrier – Alternative and Performance Solutions

2.1.9   Smoke Alarms – Alternative Solutions

Nil.

NEW. Addresses current gap in the delegation register to ensure that correct legislative processes are adhered to.

2.1.10 Appointment of approved officers and authorised officers

BA1   Administering the Building Act 2011

Redrafted to new format.

 

 

Bush Fires Act 1954 Delegations to CEO

3.1.1   Make Request to FES Commissioner – Control of Fire

BFA1    Administering the Bush Fires Act 1954

Redrafted to new format.

3.1.2   Prohibited Burning Times - Vary

BFA1    Administering the Bush Fires Act 1954

CORRECTION

Current delegation to CEO amended to Shire President and Chief Bush Fire Control Officer (jointly)

3.1.3   Prohibited Burning Times – Control Activities

BFA1    Administering the Bush Fires Act 1954

Redrafted to new format. Existing delegation BFA1 separated into 11 individual delegation templates

3.1.4   Restricted Burning Times – Vary and Control Activities

3.1.5   Control of Operations Likely to Create Bush Fire Danger

3.1.6   Burning Garden Refuse / Open Air Fires

3.1.7   Firebreaks

 


 

 

Bushfire Act 1954 Delegations to CEO cont.

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

3.1.8   Appoint Bush Fire Control Officer/s and Fire Weather Officer

BFA1   Administering the     Bush Fires Act 1954

Redrafted to new format. Existing delegation BFA1 separated into 11 individual delegation templates

3.1.9   Control and Extinguishment of Bush Fires

3.1.10 Recovery of Expenses Incurred through Contraventions of this Act

3.1.11 Prosecution of Offences

BFA1    Administering the Bush Fires Act 1954

CORRECTION

There is no power under the Bush Fires Act 1954 to sub delegate. Direct delegation to multiple officers required.

 

Cat Act 2011 Delegations to CEO

4.1.1   Cat Registrations

CA1    Administering the Cat Act 2011

Redrafted to new format. Existing delegation CA1 separated into 5 individual delegation templates

4.1.2   Cat Control Notices

4.1.3   Approval to Breed Cats

4.1.4   Recovery of Costs – Destruction of Cats

4.1.5   Reduce or Waiver Registration Fee

Cat Act 2011 – CEO to Employees

4.2.1   Infringement Notices – Extensions and Withdrawals

For information only

 

Dog Act 1974 Delegations to CEO

5.1.1   Part Payment of Sterilisation Costs / Directions to Veterinary Surgeons

DA1    Administering the Dog Act 1976

Redrafted to new format. Existing delegation DA1 separated into 9 individual delegation templates

5.1.2   Refuse or Cancel Registration

5.1.3   Kennel Establishments

5.1.4   Recovery of Moneys Due Under this Act

5.1.5   Dispose of or Sell Dogs Liable to be Destroyed

5.1.6   Declare Dangerous Dog

 


 

Dog Act 1974 Delegations to CEO cont.

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

5.1.7   Dangerous Dog Declared or Seized – Deal with Objections and Determine when to Revoke

DA1    Administering the Dog Act 1976

Redrafted to new format. Existing delegation DA1 separated into 9 individual delegation templates

5.1.8   Deal with Objection to Notice to Revoke Dangerous Dog Declaration or Destruction Notice

5.1.9   Determine Recoverable Expenses for Dangerous Dog Declaration

 

 

Food Act 2008 Delegations to CEO

6.1.1   Determine Compensation

Nil.

NEW. Addresses current gap in the delegation register.

 

There is no power under the Food Act 2008 to sub delegate. Direct delegation to multiple officers required.

6.1.2   Prohibition Orders

FA1     Administering the Food Act 2008

Redrafted to new format. Existing delegation FA1 separated into 3 individual delegation templates

6.1.3   Food Business Registrations

6.1.4   Appoint Authorised Officers and Designated Officers

6.1.5   Debt Recovery and Prosecutions

Nil.

NEW. Addresses current gap in the delegation register.

 

6.1.6   Abattoir Inspections and Fees

Nil.

NEW. There is current private sector due diligence being done to establish an abattoir within Shire.

 

Delegation addresses this current gap.

6.1.7   Food Businesses List – Public Access

Nil.

NEW. Addresses current gap in the delegation register.

 

 


 

Graffiti Vandalism Act 2016 Delegations to CEO

Comparative Delegation No. / Title

Review Outcome

Proposed 2021/22 Register

(Attach. No.1)

2019/20 Register

(Attach. No.2)

7.1.1   Give Notice Requiring Obliteration of Graffiti

Nil.

NEW. Addresses current gap in the delegation register.

 

Rangers currently have some Authorisations under the Litter Act 1979.

7.1.2   Notices – Deal with Objections and Give Effect to Notices

7.1.3   Obliterate Graffiti on Private Property

7.1.4   Powers of Entry

 

Public Health Act 2016 Delegations to CEO

8.1.1   Appoint Authorised Officer or Approved Officer (Asbestos Regs)

Nil.

NEW. Addresses current gap in the delegation register.

8.1.2   Enforcement Agency Reports to the Chief Health Officer

Nil.

NEW. Addresses current gap in the delegation register.

8.1.3   Designated Authorised Officers

PHA1   Public Health Act 2016 – Appointment of Authorised Officers

Redrafted to new format.

8.1.4   Determine Compensation for Seized Items

Nil.

NEW. Addresses current gap in the delegation register.

 

Planning and Development Act 2005 Delegations to CEO

9.1.1   Illegal Development

PLA7    Issue of Stop, Direction, Works Notices - Planning

Redrafted to new format

Local Planning Scheme No.6 Delegations to CEO

9.2.1     PLA1 Built Strata Certificate of Approval – Forms 24 and 26

No changes to existing Local Planning Scheme Delegations.

 

These will be reviewed and updated following adoption of Local Planning Scheme No.7

9.2.2    PLA4 Delegation to Waive/refund Planning Fees

9.2.3    PLA5 Determine Development Application

9.2.4    PLA8 Local Development Plans

9.2.5    PLA9 Structure Plans

9.2.6    PLA10 Subdivision and Amalgamation Applications and Clearance

9.2.7    PLA11 Submit Responsible Authority Report

 

 

Statutory Authorisations and Delegations to Local Government from State Government Entities

10.1    Environmental Protection Act

For information only.

 

All delegations held in the one register.

10.2    Planning and Development Act 2005

10.3    Main Roads Act 1930

10.4    Road Traffic (Vehicles) Act 2012

 


 

The following table outlines the reason for the recommended deletion of two delegations relating to the Building Act 2011 from the existing Delegations Register.

 

Building Act 2011

2019/20 Register

(Attach. No.2)

Reason for recommended deletion:

BA2   Encroachment, Access and Works on Shire Owned or Managed Land

The legislative sections referred to in these delegations are not able to be delegated.

 

If the historical intent of these delegations was to allow the CEO to provide consent on behalf of the Shire the appropriate mechanism for this is an endorsed Council Policy.

 

BA3   Seeking Consent to Affect Other Land

 

CONSULTATION

 

WALGA

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.42      Delegation of some powers and duties to CEO

(1)         A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under –

    (a) this Act other than those referred to in section 5.43; or

    (b) the Planning and Development Act 2005 section 214(2), (3) or (5).

    * Absolute majority required.

            

5.46.     Register of, and records relevant to, delegations to CEO and employees

(1)         The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2)         At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3)         A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

 

POLICY IMPLICATIONS

 

Relevant policies are cross referenced throughout the Instrument of Delegation Register.

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The Instrument of Delegation Register was last presented to Council for review on 27 February 2020.  Council are therefore required to endorse the reviewed delegations prior to 30 June 2021 to ensure ongoing compliance with legislation.

 

Delegations are critical to local government with the requirement for operational efficiency needing to be balanced with enough controls to ensure that Elected Members are satisfied that fiduciary duties are being met.

 

The new delegations register provides greater transparency of delegations and the controls in place to provide further assurance in this critical governance area.

 

STRATEGIC IMPLICATIONS  

 

Performance - We will deliver excellent governance, service and value, for everyone.:

 

Deliver best practice governance and risk management.

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/009

Moved: Cr B Rudeforth                                                                                    Seconded: Cr C Mitchell

 

That Council:  

1.       Notes the review of delegations;

2.       Adopts the attached Instrument of Delegation Register 2020/21 inclusive of the amendments outlined within this report; and

3.       Withdraws the following delegations:

(a)    BA2 – Encroachment, Access and Works on Shire Owned or Managed Land; and

(b)    BA3 – Seeking Consent to Affect Other Land

 

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Draft Shire of Broome Delegations Register 2020/21

2.

Shire of Broome Delegations Register 2019/20 - to be superseeded

  


Item 9.4.3 - ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY REGISTER

 

 

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Item 9.4.3 - ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY REGISTER

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

10.         Reports of Committees

 

10.1       BUSH FIRE ADVISORY COMMITTEE MINUTES 10 MARCH 2021

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           EMM06

AUTHOR:                                                   Executive Support Officer - Development and Community

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee meeting held on 10 March 2021, for Council’s consideration.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

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

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

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

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

4.    The formation of Bush Fire Brigades.

5.    Coordination and cooperation between agencies within the district.

 

COMMENT

 

The minutes and associated attachments of the BFAC meeting held on 10 March 2021 are included as Attachment 1 of this report.   

 

At the meeting, the BFAC discussed the following items:

 

Item 5.1     Bush Fire Advisory Committee (BFAC) Status Report

 

The 2021 Status Report was discussed.

 

Item 5.2 Update on the 2021 Bush Fire Season

 

Shire Rangers provided an update on the 2021 Bush Fire Season.

 

Item 5.3 Update from BFAC Members

 

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

Summary

There were no further items arising at the meeting for Council to consider. Therefore, it is recommended that Council receive the minutes of the BFAC meeting held on 10 March 2021.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Bush Fires Act 1956

 

Section 67. – Advisory committees

 

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

 

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

 

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

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

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

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

 

4.       A committee appointed under this section:-

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

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

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

Effective communication

 

Accessible and safe community spaces

 

A healthy and safe environment

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/010

Moved: Cr C Mitchell                                                                                    Seconded: Cr B Rudeforth

That Council receives the minutes of the Bush Fire Advisory Committee meeting held on 10 March 2021, and endorses the recommendations put forward by the Bush Fire Advisory Committee.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Attachment 1 - BFAC Minutes and Attachments

  


Item 10.1 - BUSH FIRE ADVISORY COMMITTEE MINUTES 10 MARCH 2021

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

 

10.2       LOCAL EMERGENCY MANAGEMENT COMMITTEE MINUTES 10 MARCH 2021

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           EMS02

AUTHOR:                                                   Executive Support Officer - Development and Community

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

This report presents the minutes and associated recommendations of the Local Emergency Management Committee meeting held on 10 March 2021 for Council’s consideration.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

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

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

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

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

 

COMMENT

 

The minutes of the LEMC meeting held on 10 March 2021 are included as Attachments 1 and 2 of this report.  At the meeting, the LEMC discussed the following:

 

Item 5.1     Local Emergency Management (LEMC) Document Updates

 

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

·     Resource Register

·     Incident Report

·     Training Schedule

 

The Contact list was sent with the Agenda for Committee members to review.

Item 5.2     Status Report

 

The status of actions from previous LEMC meetings were circulated and discussed.

 

Item 5.3     COVID-19 Welfare Centre Guide V1.02

Minor updates have been made to the Welfare Centre Guidelines since first being presented to the Committee in December 2020. The revised Guidelines were distributed, and members were encouraged to provide comment directly to Department of Communities.

 

Item 5.4     Update from LEMC Members

 

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

 

Item 6.1     Local Emergency Management Arrangements and Local Recovery Plan

 

In accordance with Section 42 of the Emergency Management Act 2005 the Local Emergency Management Arrangements (LEMA) (including its Local Recovery Plan) have been reviewed in accordance with the procedures established by the State Emergency Management Committee (SEMC). 

 

The LEMA (including the Local Recovery Plan) are now advertised on the Shire of Broome website for public comment. Once the public comment period has closed, a report will be presented to Council for the endorsement of the documents.

 

Committee Resolution:

(Report Recommendation)                                                                                     Minute No. LE/0321/001

Moved:  I Davie                                                                                    Seconded:  T Baxter

That the Local Emergency Management Committee recommends that Council: 

(i)      Endorse the Local Emergency Management Arrangements and Local Recovery Plan; and

(ii)     Submit the Local Emergency Management Arrangements and Local Recovery Plan to the District Emergency Management Committee and also State Emergency Management Committee for endorsement.

CARRIED UNANIMOUSLY

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Emergency Management Act 2005

 

Section 36 Functions of local government

 

It is a function of a local government —

 

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

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

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

 

38 Local emergency management committees

 

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

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

(3)  A local emergency management committee consists of —

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

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

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

39 Functions of local emergency management committees

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

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

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

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

 

Section 41 Emergency management arrangements in local government district

 

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

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

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

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

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

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

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

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

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

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

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

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

 

Section 42 Reviewing and renewing local emergency management arrangements

 

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

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

 

Section 43 Local emergency management arrangements to be available for inspection

 

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

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

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/011

Moved: Cr P Taylor                                                                                    Seconded: Cr C Mitchell

That Council receives the minutes of the Local Emergency Management Committee held on 10 March 2021, and endorses the recommendations made by the Local Emergency Management Committee.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Attachment 1 - LEMC Minutes

2.

Attachment 2 - LEMC Attachments (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. (Under separate cover)

  


Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MINUTES 10 MARCH 2021

 

 

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Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

11.       Notices of Motion

 

Nil.

 

12.       Questions By Members Without Notice

 

Nil.

 

13.       Business of an Urgent Nature

 

 

14.       Meeting Closed To Public

 

Council Resolution:

(Recommendation)                                                                                    Minute No. C/0321/012

Moved: Cr N Wevers                                                                                   Seconded: Cr P Taylor

That the meeting be closed to the public at  5.39 pm

CARRIED UNANIMOUSLY 6/0

 

Members of the Public departed the Chambers at 5.40 pm.


This item and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(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”, 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”.

 

14.1       REQUEST FOR FUNDING ASSISTANCE - BROOME VISITOR CENTRE

LOCATION/ADDRESS:                              Reserve 38458 - Lot 502 (1) Hamersley Street

APPLICANT:                                              Nil

FILE:                                                           ECI05

AUTHOR:                                                   Acting Director Development and Community

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

At the Ordinary Meeting of Council held 21 November 2019, Council approved additional funding for the Broome Visitor Centre following a request from the organisation for financial assistance in April 2019.

A component of the Council resolution included the need for a financial position review of the Broome Visitor Centre to be undertaken (at the end of the 2020 calendar year), with Council possibly providing additional funding assistance following this review.

This report presents a financial analysis for the Broome Visitor Centre and recommends financial assistance be provided.

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/013

Moved: Cr P Taylor                                                                                    Seconded: Cr C Mitchell

That Council:  

1.       Acknowledge the operational actions undertaken by the Board and Management of the Broome Visitor Centre to better the financial position of the Broome Visitor Centre;

2.       In recognition of the impact COVID-19 has had on the organisation and as an operational contribution for the ongoing delivery of tourist and visitor information services:

(a)    Write-off approximately $120,000 (ex GST) (approximately $132,000 inc GST) owing to the Shire of Broome from the Broome Visitor Centre for past Shire on-charged variable outgoings, pursuant to section 6.12 of the Local Government Act 1995 (Power to defer, grant discounts, waive or write off debts); and

(b)    Request the Chief Executive Officer advise the Broome Visitor Centre that the write-off in point 2(a) is conditional on the Shire receiving confirmation from the Broome Visitor Centre that the electricity account at the centre has been transferred into the Broome Visitor Centre name on Horizon Power’s Not for Profit tariff.

3.       Provide a payment of $125,000 (ex GST) as a contribution to the operations of the Broome Visitor Centre (which, combined with part 2) is representative of the maximum $ value contribution as contained in Council’s 2020-21 budget;

4.       Requests the Chief Executive Officer to advise the Broome Visitor Centre that the allocation of funding assistance outlined in point 3 above is conditional on:

(a)    the Broome Visitor Centre providing Council with unfettered access to its financial statements and position with the following documents provided monthly within 10 days of the start of the month, and with any other information provided on request:

(i)      Balance Sheet;

(ii)     Trial Balance;

(iii)    Profit and Loss;

(iv)    Multi Period Profit and Loss from the start of the calendar year;

(v)     Aged Debtors and Trade Creditors Listing;

(vi)    Australian Tax Office Statements; and

(vii)   Broome Visitor Centre visitation statistics including door count.

(b)    the Broome Visitor Centre’s active and co-operative participation in progressing recommendations for improvement as outlined within the independent external operational review, needs analysis and options report as attached including co-location options and operational modifications in line with current and forecast visitor servicing trends;

5.       Requests the Chief Executive Officer executes an agreement with the Broome Visitor Centre reflecting points 2 – 4 and provides quarterly updates to Council through future Council workshops.

6.       Requests the Chief Executive Officer to advise the Broome Visitor Centre that a further funding allocation of up to $124,000 will be considered formally by Council in November 2021 and will be dependent on a review of the Broome Visitor Centre’s operational review and actual financial position at that time inclusive of cash flow projections to 31 December 2021.

7.       Notes the financial analysis undertaken has some basic limitation, including

a) Results are based on past performance, not future;

b) Future COVID-19 restrictions to travel are unknown and continually changing; and

c) Future visitation to the region is difficult to predict in the current economic climate.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Attachment 1 - Metrix Consulting - Operational Review, Needs Analysis and Options 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”, 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”.

2.

Attachment 2 - Request for waiving of Shire on-charged variable outgoings - May 2020 (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”, 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”.

3.

Attachment 3 - Broome Visitor Centre Financial Analysis as of 31 December 2020 (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”, 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”.

4.

Attachment 4 - 2020 Trial Balance - Unaudited - Subject to End of Year Adjustments (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”, 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”.

5.

Attachment 5 - 2020 Multi Period Statement of Profit and Loss (Confidential to Councillors and Directors Only)

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

6.

Attachment 6 - 2021 Broome Visitor Centre Budget (Confidential to Councillors and Directors Only)

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

7.

Attachment 7 - 2021 February Trial Balance (Confidential to Councillors and Directors Only)

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

8.

Attachment 8 - 2021 February Balance Sheet (Confidential to Councillors and Directors Only)

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

9.

Attachment 9 - 2021 February Statement of Profit and Loss (Confidential to Councillors and Directors Only)

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

 


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

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

14.2       DISPOSAL OF PROPERTY - KIMBERLEY REGIONAL OFFICES BUILDING 2 TENANCY 1,2,3

LOCATION/ADDRESS:                              Corner of Frederick and Weld Streets, Broome. Kimberley Regional Offices 2.

APPLICANT:                                              Anglicare WA Inc

FILE:                                                           LSS132

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                       Nil

 

 

 

 

SUMMARY:

Anglicare WA Inc have expressed interest in renewing the lease comprised of tenancies 1, 2 and 3, at Kimberley Regional Offices, Building 2. Anglicare is seeking to commence a lease from 15 May 2021 with an initial term of three years with two three-year options to renew.

 

Council Resolution:

(Recommendation)                                                                                     Minute No. C/0321/014

Moved: Cr N Wevers                                                                                    Seconded: Cr D Male

That Council:  

1.   In accordance with section 30(2)(b) of the Local Government (Functions and General) Regulations, agrees to lease tenancy KRO2 tenancy 1, 2 and 3 to Anglicare WA Inc and;

2.   Authorises the Chief Executive Officer to seek Ministerial approval and negotiate the final terms and conditions of the lease in line with:

(a) A new lease to be entered into for an initial term of three years with two three-year options commencing 15 May 2021.

(b) Rent to be set in line with the independent market valuation (refer to attachment 2)

(c) Rental increases to be set by annual CPI (Perth All Groups December Quarter).

(d) Market Reviews to take place at the commencement of each new term.

(e) The Lessee to be responsible for half of solicitors’ costs in preparing the lease.

(f)  The Lessee to be responsible for paying variable outgoings.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

KRO2 Tenancy 1,2,3 lettable area survey

2.

Opteon Market Valuation 2021

 

 

 


Minutes – Ordinary Meeting of Council 25 March 2021 Page 1 of 2

This item and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

 

14.3       SUNDRY DEBTOR WRITE OFF

LOCATION/ADDRESS:                              Nil

APPLICANT:                                              Nil

FILE:                                                           ADM12

AUTHOR:                                                   Finance Officer - Revenue

CONTRIBUTOR/S:                                     Nil

RESPONSIBLE OFFICER:                           Acting Director Corporate Services

DISCLOSURE OF INTEREST:                       Nil

 

 

SUMMARY:

Council authorisation is sought for the write off of sundry debts totalling $1,867.81 considered unrecoverable under section 6.12 of the Local Government Act 1995.

 

Council Resolution:

(Report Recommendation)                                                                                     Minute No. C/0321/015

Moved: Cr C Mitchell                                                                                    Seconded: Cr N Wevers

That Council authorises the write off of Sundry Debts as contained within the report totalling $1,867.81.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Internal Memo On Sundry Debtors

 


MinutesOrdinary Meeting of Council 25 March 2021 Page 1 of 2

 

 

Council Resolution:

(Recommendation)                                               Minute No. C/0321/016

Moved: Cr C Mitchell                                                Seconded: Cr P Taylor

That the Meeting again be open to the public at  5.56 PM.

CARRIED UNANIMOUSLY 6/0

 

The Council Chambers were opened and members of the public returned at 5.57 PM . Resolutions passed behind closed doors were read allowed by the Presiding Member.

 

15.       Meeting Closure

 

There being no further business the Chairperson declared the meeting closed at 6.01 pm.

 

 

These minutes were confirmed at a meeting held <<enter date confirmed>>

and signed below by the Presiding Person, at the meeting these minutes were confirmed.

 

Signed: ……………………………