Minutes of Ordinary Meeting

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

Councillor Attendance Register
Councillor		Cr H Tracey	Cr D Male	Cr M Fairborn	Cr W Fryer	Cr E Foy	Cr C Marriott	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth
2018	27 September	LOA			A	LOA
2018	25 October		LOA			LOA	LOA
2018	22 November		LOA	LOA		A			LOA
2018	13 December		LOA	LOA		A
2019	28 February			LOA	R	LOA
2019	28 March				R			LOA
2019	18 April				R		A			A
2019	30 May (held 4 June)				R	LOA	LOA
2019	27 June				R	LOA
2019	25 July				R	A
2019	29 August				R			LOA

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

The Chairman advised at the Ordinary Meeting of Council, 28 February 2019, that Cr Fryer had tendered his resignation. His vacancy was considered at the Ordinary Meeting of Council 28 March 2019 where Council resolved;

“In accordance with section 4.17(3) of the Local Government Act 1995, request the Chief Executive Officer seek the approval of the Electoral Commissioner, to allow the office of one elected member in the Broome ward to remain vacant until the October 2019 ordinary elections”.

This request was approved by the Electoral Commissioner on 10 April 2019.

2.25. Disqualification for failure to attend meetings

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

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

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

(a) a meeting that has concluded; or

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

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

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

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

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

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

(b) if the non‑attendance occurs —

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

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

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

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

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

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

2. Declarations Of Financial Interest / Impartiality

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr Desiree Male	9.4.1	Honorary Freedom of the Shire of Broome	The current freeman is my father.
Cr Mala Fairborn	9.1.1	Objection to Council Resolution for Agenda Item 9.2.2 of Ordinary Council Meeting 27 June 209 – Application for Trading licence – Use of Carpark Ancillary to Broome Visitor Centre Kiosk – Kimberly Coffee Company.	I am a board member of the Broome Visitor Centre which is the location of the activity mentioned in item 9.1.1.
Cr Elsta Foy	9.3.1	Update of Broome Boating Facility	Traditional Owner and Yawuru Member.

3. Public Question Time

The following question was received from Georgina Myer prior to the meeting:

After many trips to look at blocks in the industrial areas where can I build a crematorium which is near transport and a distance from residential properties?

Response provided by the Director Development and Community:

A crematorium is not a defined land use under the Shire's Local Planning Scheme No 6, which means that an application for development approval would be required to be submitted for the proposal and the Shire would need to seek public comment before determining the application. The Environmental Protection Authority's Guidelines on Separation Distance's between Industrial and Sensitive Land Uses, recommends that a crematoria should have a buffer of 200-300m from a sensitive premises. The Shire is required to have consideration to the Guidelines in determining a development application, therefore potential land areas that should be investigated include the general industry zones (out at the Port Road Industrial Area or the Broome Road Industrial Estate) and possibly the Light and Service Industry zones, subject to the buffers being met.

It is recommended the questioner make an appointment with Shire's planning team to discuss further.

Response provided by the Shire President:

The Shire is in the process of reviewing our Cemetery Master Plan. The Shire will be in contact to have further discussions in the future to provide assistance in finding a suitable location.

The following questions were received from Michelle Teoh prior to the meeting:

My two questions refer to Agenda Item 9.3.1 Update on Broome Boating Facility.

Question One:

As Secretary of the Dinosaur Coast Management Group; I ask:

The report prepared by Dr Steve Salisbury on the Dinosaur Trackways from Reddell Point to Broome Port slipway in July 2018 states (page 320) ‘There is enormous potential for dinosaur themed tourism within the survey area. The high abundance of tracks, their quality, diversity and scientific significance, links to indigenous culture and ease of access make this particular area ideally suited to visitation. People can easily access dinosaurian tracks from two public car parks, one at Reddell Point and the other at Entrance Point Boat ramp. Unlike nearby Minyirr (Gantheaume Point) where people traditionally tried to see dinosaurian tracks access to Reddell Point and particularly Entrance Point, is very safe – there is no need to climb over hazardous slippery rocks.………. In addition, because of the unusual distribution of track-bearing surfaces, tracks can be seen on any tide (high or low).

The DCMG has for some time been aware of the proposed redevelopment of the Entrance Point Car park by the Kimberley Port Authority (see attached plan). And we appreciated the opportunity to have a site inspection with KPA representatives on 9 July 2019 during which we identified the dinosaur tracks near the carpark in the hope the construction work will not damage them. We have also offered to be on site (at no cost) during construction to ensure sites are not inadvertently damaged, but we are not sure if this offer will be accepted.

All this time we have also tried to alert stakeholders that there is an increasing number of people using Entrance Point to go dinosaur tracking and how, if the carpark is being redesigned, some provision needs to be made for an increasing number of visitor cars and at least one bus bay. Just next week we will have 44 excited Pre Primacy students coming to learn more about our tracks.

Can the Broome Boat Harbour Advisory Group (BBHAG) please ensure there is sufficient visitor car parking and at least one bus bay for the increasing number of people coming to view the tracks that are located around the western boat ramp and adjoining beaches?. Ideally the bus bay should be positioned so passengers can alight and move to the beach safely.

Response provided by the Chief Executive Officer:

The Broome Boat Harbour Advisory Group has been established to provide guidance and assistance in the development of a Business Case for new a recreational boating facility in Broome. The Entrance Point Upgrades are a standalone infrastructure upgrade project, managed by the Kimberley Port Authority, on Kimberly Port Authority land. Your comments are acknowledged, however any queries relating to the design of this carpark are best placed to be directed to the Kimberley Port Authority for response.

We remain dedicated to working with the Dinosaur Coast Management Group on the development of the Broome Boating Facility business case as well as the development a feasibility study for Dinosaur Trackway Interpretive Centre/Trail in the 2020-21 financial year. In the interim, we will advise the BBHAG to consider bus bay opportunities as part of the new facility design.

Question Two:

As a Broome resident I ask:

I refer to the Shire’s endorsed Coastal Hazard Risk Management Adaption Plan (CHRMAP) in particular figures 4.8 and 4.9. It would appear the area, being considered for improvements by the BBHAG come within the 2040 Coastal Processes Allowance ‘line’ and as such would, within 20 years be subject to coastal erosion.

How will the concept plan developed by BBHAG address the adaption processes set out in the CHRMAP?

Response provided by the Chief Executive Officer:

State Planning Policy 2.6 – State Coastal Planning Policy establishes that development should be avoided in areas potentially impacted by coastal processes. The Policy outlines that there are variations to this principle which includes recreational boating facilities and port facilities as these are coastally dependent. The CHRMAP is consistent with the State Coastal Planning Policy and in relation to the Entrance Point area acknowledges that port and boating facilities may be developed within the 2110 costal physical setback line. The recommended approach adopted in the CHRMAP for Entrance Point is to accommodate or manage retreat. The concept plan developed would be consistent with the accommodate approach adopted as the design of the structures will address the potential impacts of coastal erosion over time.

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

Noting that the 5 successful candidates in the 2017 Shire Elections campaigned on a policy of, and I quote ‘Making use of the clean technologies of the 21^st century, including making greater use of our sunshine. Using renewable energy available in the Shire can both save money, and make money in our region reinvested to enhance our community, our town, our economy, and our lifestyle. At the same time there is much the Shire can do to bring down overheads and improve amenity – including through improved energy efficiency, and also through renewable energy like solar.

Question One:

Can the Shire provide details on action it has taken since October 2017 to encourage the greater use of renewable energy; the amount of money saved and reinvested in the town and any efficiency energy efficiency steps?

Response provided by Director of Infrastructure:

This is a complex question and due to the requirement to collate information across a number of departments and across a number of financial years I will take the question on notice.

Question Two:

Can the Shire provide a recent example of public consultation where the input from the community has resulted in a better outcome for the Shire and residents?

Response provided by Director of Infrastructure:

The Chinatown Revitalisation Project was a transformational urban renewal initiative. The Project has been delivered through a partnership between State and Local Government and is a unique place-based approach to urban renewal. It is an excellent example of how communities can work with government to identify needs and to contribute towards the longer-term success of their communities.

This project saw the implementation of a Stakeholder Reference Group which brought together a group of engaged individuals. This group worked diligently to review and comment on design aspects, interpretation, activation and communication strategies. Without this engagement and feedback the project would not have realised the outcomes of a safer, more vibrant and active Chinatown for tourists and locals. This group was established during the concept design phase and engagement continued post construction.

This project was also supported through the development of a Chinatown Investment and Development Coordinator. This role undertook significant consultation and acted as a conduit between the Chinatown Owners, Traders, Stakeholders and community. The success of this role has seen Council retain the position with a broader focus on other key precincts.

The following questions was received from Ross Forbes-Stephen prior to the meeting:

I manage 22 Short Stay Holiday Homes in Cable Beach. These are all licenced and registered with the Shire. The owners of these apartments all pay commercial rates, including a 12% loading for marketing Broome.

My question relates to short stay accommodation in Broome and the Shire’s management of this under their “Bed and Breakfast Accommodation” local planning policy.

According to the shire’s “Bed and Breakfast & Residential Buildings” fact sheet (http://www.broome.wa.gov.au/files/assets/public/planning/planning-information-sheets/2019-bed-and-breakfast-fact-sheet.pdf), it is not permissible to run a short stay holiday home in a non-tourism zoned area in the Shire of Broome.

A quick review of the AirBNB website, shows approximately 197 properties listed on AirBNB in Broome. Based on my industry knowledge, I estimate that less than 40 of these are legitimate tourism approved “Holiday Homes” and “Bed and Breakfasts”. The remainder of these are residential homes, located in residential suburbs.

The Shire has a Compliance and Enforcement Policy (3.1.1). However, it appears to me that the shire is not enforcing their policy on Holiday Homes and Bed and Breakfasts in the Shire of Broome.

Recently, the Shire stated in their submission to the State Government Economics and Industry Standing Committee Inquiry into Short-Stay Accommodation, that they are aware of this problem in Broome, and indicated that they may not be resourced to deal with the compliance issue.

Given that it is obvious to me, and 22 property owners who I represent, that there are over 100 properties operating in breach of their planning approvals. And also given that this is having an adverse effect on properties like ours, where we do meet all of the Shire requirements to run short term holiday homes, I am asking the following:

Question One

What does the Shire intend to do to enforce these breaches?

Response provided by the Director Development and Community:

The issue of people making residential properties available for short stay accommodation is not isolated to Broome, it has been raised at a State and National level and is also an issue internationally. Short stay accommodation is currently the subject of an Inquiry by the Economics and Industry Standing Committee. A common theme that has been raised as part of the Inquiry is the challenges faced by local governments in being able to regulate short-stay accommodation. It has further been noted the challenges associated with regulating the industry is gaining access to addresses of the properties which is not available on the online platforms which is an industry-wide issue as raised in the WALGA submission to the Inquiry.

The Shire is in a position to respond to breaches when written complaints are submitted and where the property address details are provided. In accordance with the Shire’s Compliance and Enforcement Policy, once the written complaint is received, the Shire will investigate and will generally respond by sending a formal letter to the landowner advising them that the land use activity they are undertaking is not in accordance with the Scheme and is to cease.

Question Two:

Is the Shire aware that they are potentially open to class action litigation by the properly licenced Holiday Home properties in Broome, who are abiding by their legal requirements and who are being adversely economically affected by this situation?

Response provided by the Director Development and Community:

The Shire to date has not received a notification to advise of the lodgement of class action. The Shire has had representation from an operator of approved short stay accommodation providers about the impacts illegitimate short stay accommodation is having upon their operations.

Question Three:

What actions is the Shire taking to ensure that resources are made available to enforce their regulations in this area?

Response provided by the Director Development and Community:

The Shire has participated in the current Inquiry. It has advocated that the State look to regulate the short-stay accommodation providers by introducing legislation requiring online booking platforms to have to screen subscribers offering short-stay accommodation prior to registering. The Shire submission outlined that this could involve mandating the need for subscribers to supply certification from local government that the premises complies with the relevant planning and building laws before accepting them on the platform. Such a mechanism would place the onus on the booking platforms at making sure that subscribers have the correct approvals in place, as opposed to local governments having to adopt a reactive process of compliance, which it is often not resourced to address.

The Shire has also prepared the information sheet you reference, to guide property owners which is available through our website and we distribute to parties when enquiries are made. The Shire has also prepared a draft media statement which will be made available in the ‘Our Shire News’ section of the local newspaper and on our website. The Shire will also be making approaches to the online booking platforms to supply the addresses of the properties listed so we can send letters to property owners.

The following questions were received from Sue Hedley – Saving Animals from Euthanasia Inc prior to the meeting:

What will the Broome Shire Council do to ensure urgently needed funds for SAFE Broome to continue to save re-homeable animals in the Shire?

Shire Response Provided by the Shire President:

This is the first time that you have approached Council to ask for assistance and as such the Council was unaware of the issue. Now that the Shire is aware of your request we will be in contact to discuss possible options for assistance.

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

With regard to Item 9.1.1 Cr Mala Fairborn declared an Impartiality Interest as she is a Board Member of the Broome Visitor Centre which is the location of the activity mentioned in item 9.1.1.

Mala Fairborn left at 6:03pm

Mala Fairborn returned at 6:04pm

9.1.1 OBJECTION TO COUNCIL RESOLUTION FOR AGENDA ITEM 9.2.2 OF ORDINARY COUNCIL MEETING 27 JUNE 2019 - APPLICATION FOR TRADING LICENCE - USE OF CARPARK ANCILLARY TO BROOME VISITOR CENTRE KIOSK - KIMBERLEY COFFEE COMPANY

LOCATION/ADDRESS: 1 Hamersley Street, Broome, 6725

APPLICANT: Kimberley Coffee Company

FILE: HEA001

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 1 August 2019

SUMMARY: An objection to a Council resolution has been submitted by Kimberley Coffee Company regarding the refusal of their application seeking a licence to trade in a public place, proposing use of the carpark ancillary to the Broome Visitor Centre Kiosk.

BACKGROUND

Previous Considerations

OMC 27 June 2019 Item 9.2.2 (See Attachment 1)

An objection has been lodged by Kimberley Coffee Company (the Applicant) under section 9.5 of the Local Government Act 1995 (the Act) as to the Council resolution for agenda item 9.2.2 of the Ordinary Council Meeting held on 27 June 2019 (see Attachment 2).

Agenda item 9.2.2 reports on an application seeking a licence to trade in a public place submitted by Kimberley Coffee Company for in-car delivery service of beverages within the Shire owned carpark ancillary to the kiosk functions of the Broome Visitors Centre (Shire Reserve R38458). This application is assessed in accordance with the Shire of Broome’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 and Council Policy 3.3.6 – Trading in Public Places.

Under Section 2.3.1(a) of the Trading, Outdoor Dining and Street Entertainment Local Law 2016, the local government may, in respect of an application for a licence, refuse to approve the application as per 2.3.2 (c) where the application does not comply with a policy of the local government adopted by the Council and relevant to that application.

At the Council Meeting held 27 June 2019, Council unanimously carried 7/0 the report recommendation which stated:

That Council refuses the application per 2.3.1(a) of the Trading, Outdoor Dining and Street Entertainment Local Law 2016, for the following reasons:

1. The trading application is not consistent with the objective of the Shire’s Policy 3.3.6 - Trading in Public Places, as the proposed trading activity will occur within 300 metres of permanent businesses that it would compete with directly.

2. The existing permanent businesses have provided reasonable grounds as to why a trading licence should not be issued in this case.

3. The trading permit is not consistent with the objective of the Shire’s Policy 3.3.6 –Trading in Public Places as the trading activity does not promote fairness to permanent businesses.”

Kimberley Coffee Company has submitted a Form 4 under section 9.5(2) of the Act with a supporting letter detailing the objection (see Attachment 3). Council is requested to consider this objection.

COMMENT

The objection received and supporting documentation is summarised as follows:

- ‘Nearby business considered competition within 300m offer a vastly different product selection and trade from a different business model and offerings and therefore are not considered competition.

- The model of food and beverage delivery to in vehicle is not unique and should not be restricted as a method of service’.

Council Policy 3.3.6 – Trading in Public Places defines the term ‘directly competing with’, to mean that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable.

The objectives of the Policy include:

- To maintain amenity, usability and public safety in public places.

- Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

- Promote vibrancy of public places and economic development in the Shire of Broome.

Clause 3 of the Policy states that a trading licence will be issued pending criteria being met including the that the proposed activity does not occur within 300 metres of a permanent business that it would be directly competing with unless:

- the trading activity does not occur during the ordinary opening hours of the permanent business; or

- the owners of the permanent business have provided their support in writing for the proposed trading activity; or

- the activity occurs in a node identified in Schedule 5 of this Policy; or

- Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business.

Shire officers have previously made assessment that the proposed trading activity offering ‘In-car delivery service’ of coffee, tea and other beverages has been determined to be similar to create direct competition with existing businesses located within 300 metres of the proposed location – those being ‘The Good Cartel’ and ‘McDonalds Family Restaurant’ as the goods (coffee and other beverages) and services (where the customer is not required to leave the vehicle) is the primary goods and service of those businesses during the same proposed hours of operation 5:30am to 9:30am daily. Both owners of the permanent competing businesses did not support the proposed trading activity.

In addition to the points above, the Kimberley Coffee Company has asked why ‘The Good Cartel’ has been approved to operate a drive through service within direct proximity to ‘McDonald’s Family Restaurant’, a competing permanent business. In response it must be recognised the Good Cartel and McDonalds operate on private land subject to development approvals obtained under the provisions of the Planning and Development Act 2005. Development Applications are assessed under the Local Planning Scheme and the deemed provisions under the Planning and Development (Local Planning Schemes) Regulations 2015. The deemed provisions prescribe matters which are to be considered when determining a development application which explicitly excludes the potential loss that may result from economic competition between new and existing businesses.

The Kimberley Coffee Company seeks approval under the Trading, Outdoor Dining and Street Entertainment Local Law and Trading in Public Places Policy 3.3.6 to use public land developed as a carpark and used to service the Chinatown precinct, visitors, transport services and tourism operators.

In consideration of the applicant’s objection, Officers have determined that the reasons provided by the applicant have failed to substantiate that the trading activity satisfies the objectives or criteria established under Section 2.3.2 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and clause 3 of the Council’s Trading in Public Places Policy 3.3.6. The proposal will be in direct competition with two established businesses operating on private property which is inconsistent with the second objective of the Policy. Furthermore, the proposed trading activity does not satisfy the third objective as is it unlikely to deliver public activation outcomes (i.e. customers will be remaining in their cars while waiting for service, as opposed to other trading activities that can activate unutilised spaces).

The applicant also contends that the decision made to refuse the application for a trading licence is anti-competitive. Council has adopted Policy 3.3.6 – Trading in Public Places with the objective of promoting fairness and certainty to traders and permanent businesses and establishes criteria that a trading activity should not directly compete with a permanent business offering. If the trading licence were to be approved, it will be in direct competition with two established businesses and would provide an unfair advantage in that the trading activity does not have obligations to maintain the land where the activity is being undertaken (which is an advantage over a business operating on private property), the trading entity is not required to pay rates and the location of the car park on one of the main entries to town would provide a locational advantage in relation to the existing established private businesses.

Therefore, it is recommended that Council does not revoke its decision made on the 27 June 2019 under Section 2.3.1(a) of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and waive the Policy, and that the objection be dismissed. In event that the objection is dismissed by Council, the Applicant has the right to appeal to the State Administrative Tribunal under section 9.7 (2) of the Act.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016

2.3.1 The local government may, in respect of an application for a licence —

a) refuse to approve the application; or

b) approve the application on such terms and conditions, if any, as it sees fit.

2.3.2 The local government may refuse to approve an application for a licence, where –

a) it is not in accordance with clause 2.2 or any other clause containing requirements to be complied with when making an application for a licence;

b) the activity will have an unreasonable impact on an established shop or an activity undertaken under an existing licence;

c) the application does not comply with a policy of the local government adopted by the Council and relevant to that application;

d) the proposed activity or location in respect of which a licence is sought is considered by the local government to be undesirable;

e) the proposed stall is considered by the local government to be unsuitable in any respect for the activity or location for which the licence is sought;

f) the applicant is not a suitable person to hold a licence;

g) the applicant is an undischarged bankrupt or is in liquidation;

h) the applicant has entered into any composition or arrangement with creditors;

i) a manager, an administrator, a trustee, a receiver or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property; or

j) there are other grounds on which the local government considers the application should be refused.

Trading in Public Places Policy 3.3.6

Definitions:

directly competing with means that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:

• an ice cream van would be directly competing with an ice cream parlour;

• a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;

• a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;

• a stall offering massages would be directly competing with a massage parlour.

permanent business means a business that operates from private property. person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate.

private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or the subject of a lease or agreement with a person or the local government enabling its use for private purposes and includes any building or structure thereon.

public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes parklands, squares, reserves, beaches and other lands set apart for the use and enjoyment of the public, including all land which belongs to or of which the local government is the management body under the Land Administration Act 1997 or which is an “otherwise unvested facility” within section 3.53 of the Act; Related Entity Interest is defined in Schedule 4 of this Policy.

3. A trading licence will be issued for a trading activity where the following criteria

are met:

3.1 the proposed trading activity does not occur within 300 metres of a

permanent business that it would be directly competing with, unless:

(a) the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b) the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c) the activity occurs in a node identified in Schedule 5 of this Policy; or

(d) Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

3.3 the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place

Local Government Act 1995

Division 1 — Objections and review

[Heading amended: No. 55 of 2004 s. 701.]

9.1. When this Division applies

(1) This Division applies when a local government makes a decision under this Act as

to whether it will —

(a)grant a person an authorisation under Part 3 or under any local law or

regulation that is to operate as if it were a local law; or

(b)renew, vary, or cancel an authorisation that a person has under any of those

provisions.

(3 ) This Division also applies whenever a local law, or regulation that is to operate as if it were a local law, states that a decision under it is one to which this Division applies and that a person specified in it is an affected person for the purposes of this Division.

9.2. Terms used

In this Division, unless the contrary intention appears —

affected person, in relation to —

(a)a decision to which this Division applies because of subsection (1) or (3) of

section 9.1, means a person referred to in that subsection; and

(b)a decision to which this Division applies because of subsection (2) of

section 9.1, means —

(i)a person referred to in that subsection; or

(ii)a person made an affected person by section 9.3;

authorisation means a licence, permit, approval, or other means of

authorising a person to do anything, other than one that has been

excluded by regulations from being an authorisation for the purposes of

this definition;

decision means a decision or notice that, in accordance with section 9.1,

causes this Division to apply.

[Section 9.2 amended: No. 64 of 1998 s. 48.]

9.4. Advice of objection and review rights

Whenever a decision is made that the affected person could consider to be

unfavourable, the person making it is to ensure that, as soon as practicable after

the decision is made, the affected person is given written reasons for the decision

and informed of the person’s rights under this Division to object against, and apply

for a review of, the decision.

[Section 9.4 amended: No. 55 of 2004 s. 702.]

9.5. Objection may be lodged

(1)An affected person may object to a decision if the person has not applied under

this Division for a review of the decision.

(2)The objection is made by preparing it in the prescribed form and lodging it with

the local government in the prescribed manner within 28 days after the right of

objection arose [i.e. within 28 days after the decision], or within such further time as

the local government may allow.

[Section 9.5 amended: No. 55 of 2004 s. 703.]

9.6. Dealing with objection

(1)The objection is to be dealt with by the council of the local government or by

a committee authorised by the council to deal with it.

(2)A committee cannot deal with an objection against a decision that it made or a

decision that the council made.

(3)The person who made the objection is to be given a reasonable opportunity to make submissions on how to dispose of the objection.

(4)The objection may be disposed of by —

(a)dismissing the objection; or

(b)varying the decision objected to; or

(c)revoking the decision objected to, with or without —

(i)substituting for it another decision; or

(ii)referring the matter, with or without directions, for another decision by a

committee or person whose function it is to make such a decision.

(5)The local government is to ensure that the person who made the objection is

given notice in writing of how it has been decided to dispose of the objection and

the reasons for disposing of it in that way.

9.7. Review

(1)An affected person may apply to the State Administrative Tribunal for a review of a decision if the person —

(a)has not lodged an objection to the decision; or

(b)has lodged an objection but, at the expiration of 35 days after it was

lodged, has not been given notice in writing of how it has been decided to

dispose of the objection.

(2)If the person lodged an objection and has been given notice in writing of how it

has been decided to dispose of the objection, the person may apply to the State

Administrative Tribunal for a review of the decision on the objection.

(3)The application is to be made within 42 days after the right to make it arose [i.e. —

within 42 days after the original decision, for an application under subsection (1)(a); or

more than 35 days, but within 77 days, after the objection was lodged, for an application under subsection (1)(b); or

within 42 days after the objection was decided, for an application under subsection (2)].

[Section 9.7 amended: No. 55 of 2004 s. 704.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

In the event of the appeal being dismissed, the Applicant has the right of appeal to the State Administrative Tribunal under section 9.7 (2) of the Act. The risk is considered low.

STRATEGIC IMPLICATIONS

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

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council

1. Dismiss the objection received from Kimberley Coffee Company in accordance with section 9.6 (4)(a) of the Local Government Act 1995 given that the objection has failed to demonstrate that the trading activity satisfies the objectives or criteria established under clause 2.3.2 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and clause 3 of Council Policy 3.3.6 Trading in Public Places; and

2. Requests the Chief Executive Officer to provide notice in writing to the applicant that the objection has been dismissed in accordance with section 9.6 (4)(a) of the Local Government Act 1995 given that the objection has failed to demonstrate that the trading activity satisfies the objectives or criteria established under clause 2.3.2 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and clause 3 of Council Policy 3.3.6 Trading in Public Places. The notice shall advise that the applicant may apply to the State Administrative Tribunal for a review of the decision on the objection within 42 days.

Council Resolution:

Moved: Cr H Tracey Seconded: Cr M Fairborn

That Council:

1. Approves the application for a Trading in Public Places Licence received from Kimberley Coffee Company:

a. in accordance with the application received on 20 May 2019; and

b. subject to the conditions specified in point 2 below.

2. Authorises the Chief Executive Officer to issue the Trading in a Public Place Licence to Kimberley Coffee Company in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and subject to the following conditions:

a. The licence expiry date is 31 October 2020.

b. The trading activity will be operated in the hours between 5:30am to 9:30am.

c. The trading activity including placement of signs is to only occur within the approved area for the specific activity as depicted in Attachment A (As per site plan within Attachment 1 of this report).

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

i. not exceed 750mm in height;

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

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

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

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

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

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

e. All equipment must be removed from within carpark at the close of the approved operating hours.

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

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

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

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

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

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

l. The Shire of Broome reserves the right to close the carpark to all commercial activities at any time.

m. Use of the trading area allocated is non-exclusive.

CARRIED UNANIMOUSLY 7/0

Reasons:

1. To promote the activation of the Chinatown precinct area after recent Shire works to revitalise the area.

2. Permanent Business that operate within the town and currently operate the Café lease out of the Broome Visitor Centre.

3. To support local businesses that employ local people.

4. To support the Broome Visitor Centre by securing tenants for their Café which provides needed financial assistance to a required not for profit organisation servicing our tourism sector.

5. The approval is for a fixed timeframe and can be reassessed at a later stage if required.

Attachments

1.	Minutes – Ordinary Meeting of Council 27 June 2019 – Agenda Item 9.2.2 Page 28-48
2.	Form 4 - Objection under section 9.5 of the Local Government Act 1995
3.	Supporting Letter

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.1.2 DEPARTMENT OF LOCAL GOVERNMENT, SPORT AND CULTURAL INDUSTRIES COMMUNITY SPORT AND RECREATION FACILITIES FUND SMALL GRANTS ROUND 2019/20

LOCATION/ADDRESS: Broome Senior High School, Frederick Street, Broome WA 6725

APPLICANT: Pearl Coast Gymnastics Club

FILE: GPC08

AUTHOR: Manager Sport and Recreation

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 12 August 2019

SUMMARY: The Department of Local Government, Sport and Cultural Industries (DLGSC) Community Sporting and Recreational Facilities Fund (CSRFF) 2019 - 2020 grant process must have all applications submitted for priority assessment and endorsement through the local government authority in which the project is located. This report seeks Council’s consideration and priority assessment of the application received from the Pearl Coast Gymnastics Club prior to it being submitted to DLGSC under the current small grants funding round.

BACKGROUND

Previous Considerations

Nil

The DLGSC calls for applications for financial assistance through the CSRFF via three categories:

· Small Grants

· Annual Grants

· Forward Planning Grants

DLGSC’s CSRFF grants program provides financial assistance to community groups and local government authorities to develop basic infrastructure and support planning studies for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on physical activity through rational development of good quality, well-designed and well-utilised facilities.

Grant applicants must be a local government authority, or a not-for-profit sport, recreation or community organisation incorporated under the Associations Incorporation Act 2015. The land on which a funded facility is to be developed must be one of the following:

· Crown reserve;

· Land owned by a public authority;

· Municipal property; or

· Land held for public purposes by trustees under a valid lease, title or trust deed that adequately protects the interests of the public.

DLGSC’s CSRFF grant process seeks all applications be submitted for endorsement through the local government authority (LGA) in which the project is located.

DLGSC CSRFF Project Assessment Sheet for LGAs

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received. All projects need to be considered in the context of their local, regional and State sport and recreation facilities plans to ensure the project meets the needs of the community.

In addition, the assessment process requires LGAs to rate all applications received as either:

(a) Well planned and needed by municipality;

(b) Well planned and needed by applicant;

(d) Needed by applicant, more planning required;

(e) Idea has merit, more planning work needed; and

(f) Not recommended.

This rating should reflect how worthwhile the project is and indicate importance in relation to actual need and benefit to the community.

COMMENT

The Shire of Broome has received one application from within the municipality that is required to be assessed and prioritised by Council prior to being submitted to the DLGSC before 30 August 2019.

This application is from the Pearl Coast Gymnastics Club (PCGC) who currently operate out of the Broome Senior High School (BSHS) gymnasium. PCGC has approximately 180 members and attracts a range of children to their programs from kindy gym to high level competition for youth.

The Pearl Coast Gymnastics Club is affiliated with the North West Regional Gymnastics Association, Gymnastics WA and Gymnastics Australia and conducts gymnastics training that utilises a diverse range of specialised equipment that is bulky and takes up significant floor space when in storage.

In recent months, the school has announced its intention to reclaim the storage area attached to the gymnasium in which PCGC undertakes its programming. This has left the club with limited storage space. This funding application is to construct purpose-built storage space adjacent to the BSHS gym and will be solely used for storing gymnastics equipment.

Due to the facility use agreement between BSHS and the gymnastics club, the equipment is required to be brought out and packed away prior to and following each session. For this reason, the storage area utilised by the club needs to be in close proximity to the space in which they operate. This has been considered within the site/location planning. BSHS has provided approval for the storage facility to be constructed on school property and this written support is included within the application.

A copy of the PCGC’s application is contained in confidential Attachment 1.

CONSULTATION

PCGC were consulted during the CSRFF application process. They expressed concern for the future of the club, indicating they require additional storage space to be able to continue their regular programming and operations.

These concerns are consistent with the comment provided during the Shire of Broome Sport and Recreation Plan’s public feedback period.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Pearl Coast Gymnastics Club are not seeking a Shire contribution to this project so there are no financial implications for the Shire of Broome.

Project	Club	Shire	CSRFF	Total
Storage construction	$25,000.00	$0.00	$24,163.24	$49,163.24

RISK

There is a significant risk to the PCGC if this funding application is not successful. If the club is unable to source suitable storage space for their specialised equipment, the level of programming provided for gymnasts in Broome would be reduced. The club would not be able to provide the same level of servicing or expand its programming.

Risk	Outcome	Risk rating
External funding is not received for full project cost.	Seek funding from alternate sources. Additional fund raising would be required from Club volunteers.	Moderate
External funding is not received for full project cost.	Storage space able to be constructed would be reduced, potentially restricting programming able to offered by the gymnastic club.	Moderate

STRATEGIC IMPLICATIONS

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

Participation in recreational and leisure activity

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr C Mitchell

That Council:

1. Recommends the following applications to the Department of Local Government, Sport and Cultural Industries Community Sporting and Recreation Facilities Fund 2019/20 for funding, prioritised as follows:

Applicant

Project Funding

Priority

Pearl Cost Gymnastics Club

(Well planned and needed by Municipality)

One

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

CARRIED UNANIMOUSLY 7/0

Attachments

CSRFF Small Grant Application - Pearl Coast Gymnastic Club (Confidential to Councillors and Directors Only)

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

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

With regard to Item 9.3.1 Cr Elsta Foy declared an Impartiality Interest as she is a Traditional Owner and Yawuru Member.

9.3.1 UPDATE ON BROOME BOATING FACILITY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CTE33

AUTHOR: Special Projects Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 August 2019

SUMMARY: This report seeks to provide Council with an update on the progress made to date by the Broome Boat Harbour Advisory Group on the Safe Boat Harbour Project, more recently renamed the ‘Broome Boating Facility Project’.

BACKGROUND

Previous Considerations

OMC 19 December 2013 Item 12.2

OMC 28 February 2019 Item 9.3.1

In 2010 the State Government committed approximately $55M towards a small boating facility in Broome. Following a $2.8M spend on planning, design and research, the State Government pulled the balance of allocated funding and cancelled the project. At the Ordinary Meeting of Council held 19 December 2013, Council resolved the following in response:

COUNCIL RESOLUTION:

Moved: Cr J Bloom Seconded: Cr C Mitchell

That Council:

1. Writes to the Minister for Transport and Treasury requesting a meeting to discuss the reconsideration of the Small Boating Facility for Broome in the 2014/2015 State Government Budget due to concerns for community safety and wellbeing.

1.1. Council authorises the delegation to comprise the President, Deputy President, Chief Executive Officer and members of the Broome Port Authority and Broome Fishing Club.

2. Requests the Chief Executive Officer to form a CEO Advisory Group comprising Broome Fishing Club, Broome Port Authority and other stakeholders as determined by the Chief Executive Officer to consider interim options for upgrades to facilities at Gantheaume and the Broome Port Authorities land at Entrance Point.

3. Writes to the Minister for Regional Development requesting a meeting to discuss Royalty for Regions funding to implement interim upgrades at Entrance Point and Gantheaume.

3.1. Council authorises the delegation to comprise the President, Deputy President, Chief Executive Officer and members of the Broome Port Authority and Broome Fishing Club.

4. The Chief Executive Officer develops an implementation policy for Capital projects considering Aboriginal Heritage and local planning requirements for Council’s consideration.

CARRIED UNANIMOUSLY 9/0

Following this resolution, the CEO Advisory Group was established and subsequently prioritised some interim boating facility upgrades across Broome, including at Entrance Point and Town Beach. The Broome Boat Harbour Advisory Group (BBHAG) was established in July 2016 through the Department of Transport (DoT) to investigate a new safe boat harbour’s potential location and consider options for components and functions of the facility. In September 2017, $1 million was committed by the State Government towards a Business Case and technical investigations for a safe boat harbour. At this time, the BBHAG were investigating a possible site located at Reddell Point.

Shire Officers engaged with the Dinosaur Coast Management Group (DCMG) in January 2018 and learned of the National Heritage Values associated with dinosaur trackways in the Entrance and Reddell Point areas. As a result, The University of Queensland (UQ) were engaged to undertake a Dinosaur Trackway Field Studies survey from Reddell Point to Broome Port slipway in July 2018.

The UQ Dinosaur Trackway Report was presented to the BBHAG in November 2018. This report found the Broome Boating Facility to have direct impacts to Dinosaur Trackways from construction activity and potential impacts from changes to marine processes (not quantified). The report concluded that if referred to Department of Environment and Energy (DEE), impact on dinosaur trackways would likely trigger a fatal flaw, based on National Heritage Values protected under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999. As a result, at the 11 February 2019 BBHAG meeting, the BBHAG endorsed moving away from the Reddell Beach concept and sought to progress further design and co-location opportunities with the Kimberley Marine Supply Base Project (KMSB) at a location between Broome Port and Entrance Point.

As a precursor to this decision, a Desktop Heritage Survey was undertaken by Nyamba Buru Yawuru (NBY) officers in December 2018, recommending an on-site survey and Site Avoidance Assessment be undertaken by a Heritage Archaeologist at the proposed location adjacent to the KMSB site. At the OMC held 28 February 2019, Council resolved the following:

COUNCIL RESOLUTION:

Moved: Cr B Rudeforth Seconded: Cr C Marriot

That Council:

1. Notes the progress achieved to date in the delivery of the Safe Boat Harbour Project as outlined in this report;

2. Notes and endorses the Terms of Reference for the Broome Boat Harbour Advisory Group as set out in Attachment 1;

3. Requests the Chief Executive Officer to provide six monthly updates on the progress of the Safe Boat Harbour Project henceforth;

4. Endorses the direction to move away from Reddell Beach Concept based on the findings of the Dinosaur Trackways Field Studies Report as set out in Attachment 3;

5. Endorses investigating further design and co-location opportunities with Kimberley Marine Support Base Pty. Ltd.

6. Endorses the Community Engagement Plan for the Safe Boat Harbour Project as set out in Attachment 4; and

7. Authorises the Chief Executive Officer to make minor changes to the plan as required during implementation.

Following this resolution, conceptual engineering design for the coastal infrastructure and access roads has taken place. A heritage survey has also been undertaken to understand heritage values surrounding the new site and ascertain any fatal flaws. This update is provided to Council in accordance with point 3 of the above-mentioned resolution.

COMMENT

This report seeks to provide Council with an outline on the progress of the Broome Boating Facility Project (BBF) and matters that have been tabled with the BBHAG over the past 6 month period. Since the 28 February 2019 OMC update, there have been 3 BBHAG meetings which were held on the following dates:

· 8 April 2019

· 24 June 2019

· 19 August 2019

A decision to change the name from ‘Safe Boat Harbour’ to ‘Broome Boating Facility’ was tabled and endorsed at the 8 April 2019 meeting.

Collated BBHAG Minutes and an actions schedule, summarising actions from BBHAG can be found in Attachments 1 and 2. Progress over the last six months has been summarised within the following subheadings below.

Heritage Survey

Driven by the Broome Boat Harbour Advisory Group’s mandate for ‘early engagement’ on heritage matters, a site heritage survey was undertaken by a Heritage Archaeologist from Terra Rosa consulting, in partnership with Yawuru Heritage Advisory Group members in March 2019. The scope of the survey was to undertake field investigations over the whole of the area outlined as a potential issue in NBY’s original desktop survey. The survey was arranged on a day with large tides to allow access to sites within the intertidal zone. Following requests/lobbying from the BBHAG Chair, a Heritage Survey Report was delivered to the project team in early June 2019. The report found that not enough was known about the projects across the Entrance Point precinct (including KMSB, BBF, Entrance Point Upgrades and Port Upgrades) and the Yawuru Heritage Advisory Group was unable to provide formal clearance for the Broome Boating Facility until further engagement took place.

Engineering Design

Consultants Walbridge Gilbert Aztec (WGA) and Baird were engaged by Department of Transport in March 2019 to undertake preliminary engineering design services and a coastal processes study, respectively, for the Broome Boating Facilities project. The scope of services includes:

· Review of existing data, analysis and reports relevant to the project site

· Coastal processes modelling (hydrodynamic, waves and sediment) to establish design and operational metocean conditions at the project site

· Conceptual design of landside and marine infrastructure including four different options for the marine structures

· Preliminary cost estimates of the concept options

· Evaluation of concept options through a multi-criteria assessment process

· Concept design report

· Presentation of concept design to stakeholders

· Preliminary design, specifications and P90 cost estimate of preferred design

Preliminary concept options were tabled at the June BBHAG Meeting and WGA provided an overview of the concept development. Further concept drawings and artist impressions were tabled at the August BBHAG meeting. Concept design is due to be complete by the end of September and is proposed to be tabled for endorsement at the October BBHAG meeting. Detailed design will follow once a review of car parking concept has been undertaken.

Environmental Studies

Teal Solutions and O2 Marine were engaged in May 2019 to provide technical environmental advice for the project. This scope of work includes:

· Undertaking a literature review of existing data, studies and reports relevant to the project

· Prepare preliminary environmental impact assessment (PEIA)

· Coordinate and attend a pre-referral meeting with the EPA

Coastal Processes studies have been underway in parallel with the concept development stage with sediment mapping being undertaken to understand environmental impacts and maintenance obligations of the concept. At this stage, no fatal flaws have been found in regard to environmental and coastal process studies. This body of work will be completed by early September 2019 and will form part of a future EPA referral document.

Road Access

To progress with best practice Port operations, KPA aim to develop the precinct with a quarantined area from the Kavite road turn off. This would restrict public traffic access into the Port area and require community facilities located in the Entrance Point precinct to be accessed via an upgrade and extension of Kavite road.

Conceptual design, alignment considerations and stakeholder negotiation has been underway informally since December 2018 and was formalised in March 2019 through the establishment of a Technical Working Group established in March 2019. Through engagement with the Yawuru Park Council Working Group, the current proposed alignment would see Kavite Road extension acting as both road and firebreak, minimising the amount of bushland that would need to be cleared, but requires the excision of a small portion of Reserve 28650 back into the Conservation Estate. The plan is currently being reviewed by NBY Officers who have agreed to take this matter to the NBY Cultural Heritage Group meeting 18 July 2019, however no outcome has been provided at this stage.

Presentation to NBY Prescribed Body Corporate (PBC) Meeting

The BBHAG Chair/Shire President received an invitation to present the BBF Project along side a representative from the KMSB to the NBY PBC Board meeting held 15 August 2019. The presentation included conceptual 3D imagery and was well received with queries regarding the scale and size of the facility. Attendees clearly understood the difference between KMSB and BBF which has previously been a concern.

The biggest concern shown was regarding the large carpark and a need for second carpark near the Sea Rescue. Concerns regarding beach access and reef access were also voiced.

NBY PBC voiced an appetite to move forward with the project and have recognised it is a community facility, important to Broome’s resident and tourist population. The scale of the carpark will be reviewed whilst balancing concerns with the importance in having parking close to the ramp to avoid long cycle times and the need to consider a growing population.

Community Engagement Activities

Broader community engagement on the concept design of the Broome Boating Facility, including further engagement with appropriate Yawuru Boards and Groups is due to take place late 2019 following finalisation and endorsement of the concept and as per the endorsed Community Engagement Plan. Shire officers are in the process of refining engagement activities and materials, including the construction of a physical site model for all ongoing engagement and display.

CONSULTATION

To date, the Broome Boating Facility Project has had formal consultation through the BBHAG, and NBY Heritage Advisory Group. The Dinosaur Coast Management Group has also been engaged on matters relating to Dinosaur Trackway Field Studies. The Community Engagement Plan endorsed in February 2019 outlines a strategy for ongoing community consultation for the project. Engagement will commence following heritage clearance of the Entrance Point site through the NBY Heritage Advisory Group.

DoT facilitated consultation activities when in Broome on 24 June 2019. This session was a discussion with local operators around existing challenges, wants and needs for a new facility. WGA Engineers presented concepts and received positive feedback on the concepts. Shire Officers were not informed of this engagement activity until the day of the sundowner and were unable to attend.

Most recently, The Shire President was also invited to present preliminary concepts for the BBF to the Yawuru Park Council on 21 August 2019.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The development of the Business Case for the Broome Boating Facility project is fully funded by the Department of Transport’s Royalties for Regions Grant. The Department of Transport are the beneficiary and fund holder for the project.

RISK

The following risks have been considered based on the BBF’s current position.

Risk	Type (Health, Financial Impact, Service Interruption, Compliance, Reputational, Property Environment)	Rank (based on measures of consequence and likelihood)	Mitigation
Community concerns relating to environmental impact on Broome landscape	Reputational	Low	Ensure Engagement and Communications activities are undertaken in a timely manner to mitigate any community concerns through active engagement.
Fatal flaws relating to Heritage are found at Entrance Point Site	Reputational Financial	Medium	Ensure other site options are available.
Community unhappy with concepts or location	Reputational Financial	High	Ensure that engagement materials are clear and compelling.

STRATEGIC IMPLICATIONS

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

Effective communication

Participation in recreational and leisure activity

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

A built environment that reflects tropical climate design principles

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

Affordable and equitable services and infrastructure

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

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

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr B Rudeforth

That Council:

1. Notes the progress achieved to date in the delivery of the Broome Boating Facility Project as outlined in this report, and;

2. Receives and endorses the minutes of the Broome Boat Harbour Advisory Group as found in Attachment 1.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Broome Boat Harbour Advisory Group meeting minutes
2.	Broome Boating Facility Action Register 2019

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

With regard to Item 9.4.1 Cr Desiree Male declared an Impartiality Interest as the Current Freeman is her father.

9.4.1 HONORARY FREEDOM OF THE SHIRE OF BROOME POLICY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOE04, ADM28

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 August 2019

SUMMARY:

This report recommends that Council adopt an Honorary Freedom of the Shire of Broome Policy.

The Policy establishes the circumstances and process to bestow the title of “Honorary Freeman / Freewoman of the Shire of Broome” upon individuals who have made an outstanding and exceptional contribution to the Broome community.

BACKGROUND

The title of Honorary Freeman or Freewoman is the most prestigious form of honour or recognition that can be conferred by a Council that governs a shire, town or city.

In modern times the granting of “Honorary Freeman or Freewoman” bestows no legal right nor privilege on the recipient so honoured, but is accepted that the conferment is the most honourable title that a Council can bestow.

The Freeman tradition arose under the former Local Government Act 1960. It allowed Council to pass by absolute majority a resolution to confer upon any person the title of “Honorary Freeman of the Municipality”.

Even though the legislation was revoked, the Shire of Broome, like other Councils, has continued with the tradition.

In total the Shire has bestowed this honour four times, with the only current serving Freeman being Kim Male:

Arthur (Sam) Streeter MALE circa 1971 (date to be confirmed)

Dr Peter Graeme Alexander REID 1985

Kimberley (Kim) Ancell Streeter MALE 2003

Lord Alistair MCALPINE 2010

The Honorary Freedom of the Shire of Broome Policy was discussed at the July 2019 Councillor workshop with Councillors Tracey, Male, Fairborn, and Rudeforth in attendance.

COMMENT

The policy has been developed to ensure that the status and integrity of the honour is maintained and to provide a framework to guide any future nominations presented to Council.

To embrace and acknowledge gender diversity, the Policy has been titled – “Honorary Freedom” as opposed to the historical title adopted by other local governments of “Honorary Freeman”.

Each recipient is acknowledged as Freeman or Freewoman as appropriate.

Key components of the policy include:

Eligibility

It is recommended that a maximum of three living persons can hold the award at any one time and that it is not to be bestowed posthumously.

Selection Criteria

Requires nominee to have lived in, worked or served the Shire of Broome for a significant number of years. As a guide “significant” has been defined as typically 20 years or more.

Nomination Process

It is vitally important to maintain confidentiality during the nomination process and that the application is a comprehensive representation of the nominee’s achievements. This is outlined in the Policy, as is the requirement for nominations to be supported by 75% of elected members (7).

Entitlements

Includes, conferral of award at a civic function, permanent acknowledgement by way of an Honour Board in Council Chambers, provision of a plaque or commemorative certificate and an invitation as a dignitary to all formal civic functions.

CONSULTATION

The policy has been drafted following a review of numerous adopted policies from other Local Governments.

STATUTORY ENVIRONMENT

There are no specific statutory implications for this report. Council policies are governed by:

Local Government Act 1995

2.7 Role of council

(1) The council –

(a) governs the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1, the council is to –

(a) oversee the allocation of the local government’s finances and resources; and

(b) determine the local government’s policies.

POLICY IMPLICATIONS

This is a new policy determined by Council under the Local Government Act 1995, section 2.7(2)(b).

FINANCIAL IMPLICATIONS

There are no financial implications associated with the adoption of this policy.

RISK

The policy requires the recipient to maintain high standards of personal conduct and behaviour. The Shire reserves the right to cancel the honour.

STRATEGIC IMPLICATIONS

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

A preserved, historical and cultural heritage of Broome.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council adopts the Honorary Freedom of the Shire of Broome Policy as attached.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Honorary Freedom Policy Draft

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.4.2 STATEMENT OF BUSINESS ETHICS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM28

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 August 2019

SUMMARY:

The purpose of this report is to present Council with a draft Statement of Business Ethics (the Statement) that has been developed to assist the Shire in managing relations with its suppliers, and acknowledging the Shire’s commitment to preventing misconduct, corruption and fraud.

BACKGROUND

In December 2013, the Crime and Corruption Committee (CCC) released - Report on the Investigation of Alleged Public Sector Misconduct by a Local Government Employee in Relation to the Purchase of Management Systems Software.

The report made a series of recommendations including the below:

Recommendation 4

The Commission recommends that the Department of Local Government, in consultation with the Western Australian Local Government Association, formulate a "Statement of Business Ethics" in relation to incentives, gifts and benefits, for use by local governments, to provide a clear set of supplier behaviour expectations and the associated consequences for noncompliance. Such a statement would be applicable to all sectors of the community that conduct business with local government authorities.

The development of a Statement of Business Ethics was discussed at the July 2019 Councillor workshop with Councillors Tracey, Male, Fairborn, and Rudeforth in attendance.

COMMENT

To date the Department of Local Government and the Western Australian Local Government Association have not provided further direction on this matter.

Rather than wait, most Western Australian Councils have of their own accord adopted a Statement of Business Ethics.

The Statement outlines the Shires expectations of providers of goods and services, and also includes information on the Shire’s commitment to ethical dealings and what can be expected from the Shire.

The Statement outlines the Shire’s key business/procurement principles of:

Ethics and integrity

The Shire and its employees shall observe the highest standards of ethics and integrity in undertaking purchasing activities and act in an honest and professional manner. All parties are to be treated equitably, consistently, impartially and fairly.

Value for money

The Shire will procure goods and services that offer the best value for money. Best value for money does not automatically mean the lowest price. Rather the Shire will balance all relevant factors including initial cost, whole-of life cost, quality, reliability and timeliness in determining true value for money.

Transparency and accountability

Business activities are to be open, transparent, comply with relevant legislation and the Shire’s policies, procedures and practices. The Shire’s business dealings will be transparent and open to public scrutiny wherever possible.

Sustainability

The Shire is committed to setting up efficient, effective, economical and sustainable procedures in all purchasing activities and to consider environmental and social impacts when purchasing goods and services.

The Shire’s support for local businesses via the Regional Price Preference Policy is also described.

The Statement reinforces the accountabilities that employees, Elected Members and Committee members have in relation to the Shire’s Code of Conduct and additionally provides a summary of the general business principles that guide procurement.

Complying with all laws, not offering inducements to shire employees, not engaging in any form of collusion and acting honestly and fairly in all dealings with the Shire are examples of some of the Shire’s expectations outlined in the Statement that suppliers must adhere to.

Finally, the Statement outlines why compliance to the Statement is important along with a number of guidance notes on areas such as safety, gifts, confidentiality, use of resources and communication that provide additional context to the intent of the Statement.

It is proposed to make the Statement widely available through the Shire’s website, as well as being incorporated into all future tender/contract documents and staff inductions.

CONSULTATION

The Statement has been developed based on a review of similar documentation obtained from other local governments.

STATUTORY ENVIRONMENT

Not applicable.

POLICY IMPLICATIONS

The Statement is complimentary to the Shire’s Code of Conduct for Council Members, Committee & Working Group Members and Employees and Council policies:

2.1.2 Purchasing

2.1.3 Regional Price Preference

FINANCIAL IMPLICATIONS

There are no financial implications impacting from the recommendation of this report.

RISK

The Statement will compliment existing risk management controls in the area of misconduct, corruption and fraud.

STRATEGIC IMPLICATIONS

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

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council endorse the draft Statement of Business Ethics as attached.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Statement of Business Ethics

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.4.3 ADMINISTRATION BUILDING OPENING HOURS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM01

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 August 2019

SUMMARY:

The Shire Administration Building is currently open to the public between 8:00am and 4:00pm Monday to Friday.

This report seeks Council support to change the public opening time to 9:00am.

BACKGROUND

The current public opening time of 8:00am has been in place for many years and has not been reviewed to take into account technological advancements which have reduced the demand for over the counter servicing.

Customer traffic between 8:00am and 9:00am was monitored over a 6-week period and confirmed how quiet this time typically was, with an average of less than two customers per day.

Opening times of other government agencies and banks operating in Broome were also reviewed with the majority opening at 9:00am.

The change of Administration Building opening hours was discussed at the July 2019 Councillor workshop with Councillors Tracey, Male, Fairborn, and Rudeforth in attendance.

COMMENT

Under this proposal, Customer Service Officers (CSO’s)will still commence work at 7:45am and finish at 4:30pm, however the Administration Building will not open to the public until 9:00am.

Moving to a later public opening time of 9:00am will facilitate a number of operational benefits such as:

· Improved customer service by allowing CSO’s to attend more regular training aimed at refining telephone and email response times which are now the major enquiry sources;

· provides opportunity for CSO’s to participate in whole of organisation staff meetings which is currently limited;

· assists organisational efficiency and capacity by creating roughly 15 hours per week of minimally interrupted administration time (based on 3 CSO’s); and

· provides flexibility and opportunity for CSO’s to upskill and take on additional responsibilities.

It is recommended that the Shire Administration Building trial a 9:00am public opening for four months commencing on Monday 30 September 2019. The change in opening time would be communicated locally during September to minimise any inconvenience. Complaints and response times will be measured over the period in an effort to gain an objective understanding of the success of the trial. An update on the trial will be provided to Council in the February 2020 Councillor Information Bulletin or an agenda item if necessary.

Subject to the trials success, it iis proposed that the Administration Building opening hours would be changed permanently to be 9:00am to 4:00pm, Monday to Friday.

At this stage no changes are proposed to the Shire’s phone system with the main number continuing to switch over from night switch at 8.00am and 4.30pm daily. Detailed analysis of call patterns over the next six months will be conducted prior to making any recommendations in this area. The new phone system provides considerable flexibility to improve customer service and has a comprehensive analytical reporting tool that will be used.

Already, changes such as routing credit card rate payments to an automated online system have been made which has provided a more secure and private means of payment compared to customer service staff having to complete this manually. Additional automated routing will be implemented over the coming months to facilitate improved client interactions. This will further reduce the number of calls required to be transferred by Customer Service staff.

CONSULTATION

As detailed in the body of the report.

STATUTORY ENVIRONMENT

Local Government Act 1995 section 5.41 Functions of CEO

(d) – manage the day to day operations of the local government.

POLICY IMPLICATIONS

Not applicable

FINANCIAL IMPLICATIONS

Not applicable

RISK

Potential for customer inconvenience during the transition phase will be managed via notices through standard communication channels.

STRATEGIC IMPLICATIONS

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr C Marriott

That Council:

1. Supports the trial Shire Administration Building change in public opening time of 9:00am effective from 30 September 2019;

2. Requests the Chief Executive Officer to provide a report on the trial to Councillors via the February 2020 Information Bulletin; and

3. Subject to the trial being successful, supports the 9:00am public opening time becoming permanent for the Shire Administration Building.

CARRIED UNANIMOUSLY 6/1

Cr Elsta Foy requested that it be noted she was opposed to the decision.

Attachments

Nil

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.4.4 MONTHLY PAYMENT LISTING - JULY 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Finance Officer - Creditors

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 August 2019

SUMMARY: This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for the month of July 2019.

BACKGROUND

Previous Considerations

Nil.

COMMENT

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

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT & BPAY), cheque, credit card or direct debit.

Attached is a list of all payments processed under delegated authority during the month of July 2019.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

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

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) the payee’s name;

(b) the amount of the payment; and

(c) the date of the payment; and

(d) sufficient information to identify the transaction.

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

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

(i) the payee’s name; and

(ii) the amount of the payment; and

(iii) sufficient information to identify the transaction; and

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

(3) A list prepared under sub regulation (1) or (2) is to be —

(a) presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b) recorded in the minutes of that meeting.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

List of payments made in accordance with budget and delegated authority. Payments can also be analysed as follows:

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for the month of July 2019 after $913,269.69 in personnel payments, $219,637.60 in utilities and other non-local sole suppliers have been excluded.

The Chinatown Revitalisation Project was subject to the Western Australian Industry Participation Strategy and whilst payments to Downer EDI Works are highlighted as non-local spend in the July 2019 monthly payment listing, the final participation report provided for the Chinatown Revitalisation Project reported over 70% of Broome local content and 94% of works executed by suppliers from the Kimberley and Pilbara, valued at $3,007,429.97.

RISK

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

STRATEGIC IMPLICATIONS

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

An organisational culture that strives for service excellence

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in July 2019 totalling $7,342,107.22 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a. EFT Vouchers 51823 - 52185 totalling $7,079,628.61;

b. Municipal Cheque Vouchers 57597 – 57602 totalling $984.25;

c. Trust Cheque Vouchers 000 – 000 totalling $0.00; and

d. Credit Card Payments & Municipal Direct Debits DD26675.1- DD26808.33 totalling $261,494.36.

2. Notes the local spend of $1,094,983.25 included in the amount above, equating to 17.63% of total payments excluding personnel, utility and other external sole supplier costs.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Monthly Payment Listing July 2019
2.	Local Spend Payment Listing July 2019

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.4.5 AMENDMENT TO 2019/20 FEES AND CHARGES - PROMOTIONAL PRICING AT BROOME RECREATION AQUATIC CENTRE AND BANNER HIRE

LOCATION/ADDRESS: Nil

APPLICANT: Shire of Broome

FILE: FIN002

AUTHOR: Manager Community and Economic Development

CONTRIBUTOR/S: Manager Sport and Recreation

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 August 2019

SUMMARY: The 2019/20 Schedule of Fees and Charges was adopted at the Ordinary Meeting of Council on 27 June 2019. Two potential amendments to the schedule have been identified. These are the implementation of promotional pricing on a limited basis at the Broome Recreation Aquatic Centre and the waiver of selected fees for banner installation and pole hire.

This report requests Council considers the adoption of amendments to the 2019/20 Schedule of Fees and Charges.

BACKGROUND

Previous Considerations

OMC 27 June 2019 Item 9.4.1

The Shire of Broome’s 2019/20 Schedule of Fees and Charges were adopted at the Ordinary Meeting of Council on 27 June 2019.

It has been identified that some adjustments need to be made to the adopted fees and charges in relation to the following:

· Promotional pricing on a limited basis at the Broome Recreation Aquatic Centre (BRAC).

· Waiver of banner installation and pole hire fees for not-for-profit community organisations.

COMMENT

Introduction of Promotional Pricing at Broome Recreation and Aquatic Centre

A recent review of operations at BRAC suggested that a limitation on being able to attract additional users into the centre was the inability of centre management to be able to issue promotional passes. Any promotional passes are costed against the BRAC marketing budget. This approach artificially inflates expenditures and discourages this method of marketing. It does not cost the Shire to offer a free swim as a promotion but could encourage greater use of the centre.

Free or reduced entry fees would be advertised/marketed in advance, and would be organised to encourage use of the facilities for families and individuals that may not visit the pool otherwise. The free entry days would be advertised in advance rather than be issued on an ad hoc basis and are aimed to attract more users to the pool. The intention is that customers would see the fun and benefits associated with attending the facility and have return visits as a result. It is requested that Council consider the introduction of the variation to fees as per below:

· Adult Entry (Promotional Passes/Programmed Event) - discount (100%)

· Child Entry (Promotional Passes/Programmed Event) - discount (100%)

· Concession Entry (Promotional Passes/Programmed Event) - discount (100%)

The discounts above will be at the discretion of the Chief Executive Officer and each time that the fees above are utilised, the rationale for use and the discount given will be recorded to an appropriate file.

A copy of the proposed amendments are contained in Attachment No 1.

The proposed amendments to the fees and charges are unlikely to have a material impact on the budget given that they will be used for promotional purposes to attract additional patrons into the BRAC aquatic area and will not replace regular payment of casual pool entry fees.

Waiver of Banner Installation and Pole Hire Fees for not-for-profit community organisations

The Shire of Broome overhead banner frame on Hamersley Street and various smaller pole banner sites are available for hire by not-for-profit community organisations, government departments and other organisations. There has been minimal utilisation of the sites in the last three financial years. This has resulted in the sites remaining largely empty.

A fee waiver is proposed for not-for-profit community organisations to encourage the increased display of banners which promote Broome or the Broome lifestyle, and comply with Policy 3.4.4. Officers consider this proposal to be a proactive measure by the Shire to encourage greater vibrancy and community pride in the town.

The 100% fee waiver would be implemented with the following conditions:

- Only Broome based not-for-profit community organisations are eligible

- Available for a minimum of two weeks

- Available for a maximum of four weeks

- Available for up to 6 pole banners within the same set (ie - Cable Beach Rd (W) Divers Tavern to Cable Beach Club Resort OR Frederick St near Broome Senior High School OR Intersection of Frederick St and Cable Beach Rd (E) OR Corner Port Drive and Guy St)

- Bookings are subject to availability, with fee paying users having preference on a first-come basis

Noting that the current fees do not fully recover the Shire’s operational expense to install or remove banners, there will be a financial implication should this waiver come into effect and be utilised by eligible groups. It is difficult to gauge the amount of usage that will result, and therefore a trial period is suggested for the remainder of the financial year.

An indication of the operational costs borne by the Shire is included below, and includes staffing, mobilisation and plant:

	Pole Banners			Overhead Banner
	1 Banner	6 Banners	11 Banners	Overhead Banner
Installation and removal (per location)	$935.00	$1905.00	$2876.00	$740.00

A copy of the proposed amendment is contained in Attachment 2 with the proposed waiver shown in red.

CONSULTATION

The proposed waiver of banner installation and pole hire fees was presented at the Council Workshop on 23 July 2019.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.16. Imposition of fees and charges

1. A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed.

* Absolute majority required.

2. A fee or charge may be imposed for the following —

a. providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local government;

b. supplying a service or carrying out work at the request of a person;

c. subject to section 5.94, providing information from local government records;

d. receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate;

e. supplying goods;

f. such other service as may be prescribed.

3. Fees and charges are to be imposed when adopting the annual budget but may be —

a. imposed* during a financial year; and

b. amended* from time to time during a financial year.

* Absolute majority required.

6.17. Setting level of fees and charges

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

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

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

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

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

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

a. under section 5.96; or

b. under section 6.16(2)(d); or

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

4. Regulations may —

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

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

6.18. Effect of other written laws

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

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

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

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

6.19. Local government to give notice of fees and charges

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

a. its intention to do so; and

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

POLICY IMPLICATIONS

Policy 3.4.4 – Hire of Promotional Banner Sites

FINANCIAL IMPLICATIONS

The scale of the financial implications as a result of the banner hire fee waiver are currently unknown. The projected income for banner hire in the 2019/20 budget was minor – based upon previous usage.

RISK

Nil

STRATEGIC IMPLICATIONS

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr E Foy

That Council:

1. Adopts the amendments to the Broome Recreation Aquatic Centre in the 2019/20 Schedule of Fees and Charges as set out in Attachments No 1.

2. Adopts the amendments to the Banner Hire Fees for a trial period as set out in Attachment 2, conditional on:

a. Applicants meeting all conditions

b. Only Broome based not-for-profit community organisations are eligible

c. Available for a minimum of two weeks

d. Available for up to 6 pole banners within the same set (ie - Cable Beach Rd (W) Divers Tavern to Cable Beach Club Resort OR Frederick St near Broome Senior High School OR Intersection of Frederick St and Cable Beach Rd (E) OR Corner Port Drive and Guy St)

e. Bookings are subject to availability, with fee paying users having preference on a first-come basis

3. Requests that the Chief Executive Officer provide local public notice in accordance with Section 6.19 of the Local Government Act 1995 advising that these Fees and Charges will take effect on and from 6 October 2019.

CARRIED BY ABSOLUTE MAJORITY 7/0

Attachments

1.	Attachment 1 - BRAC Promotional pricing
2.	Attachment 2 - Banner Hire

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

9.4.7 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 31 July 2019

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 July 2019, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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

BACKGROUND

Previous Considerations

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

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

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

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

COMMENT

The 2019/20 Annual Budget was adopted at the Ordinary Meeting of Council on 27 June 2019.

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

Budget Year elapsed 8.47%

Total Rates Raised Revenue 100% (of which 9.14% has been collected)

Total Other Operating Revenue 25%

Total Operating Expenditure 4%

Total Capital Revenue 2%

Total Capital Expenditure 2%

Total Sale of Assets Revenue 0%

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

Based on the 2019/20 Annual Budget presented at the Ordinary Meeting of Council on 27 June 2019, Council adopted a balanced budget to 30 June 2020.

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

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

(1A) In this regulation —

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

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

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

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

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

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

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

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

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

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

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

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

(a) according to nature and type classification;

(b) by program; or

(c) by business unit.

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

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

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

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

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

POLICY IMPLICATIONS

2.2.2 Materiality in Financial Reporting

FINANCIAL IMPLICATIONS

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

RISK

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

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

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

STRATEGIC IMPLICATIONS

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Adopts the Monthly Financial Activity Report for the period ended 31 July 2019; and

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 July 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Monthly Financial Statement - July 2019
2.	Schedule 2
3.	Schedule 3 -14

Item 9.4.7 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2019

PDF Creator

Minutes – Ordinary Meeting of Council 29 August 2019 Page 1 of 2

Item 10.1 has been amended from the original Agenda prior to the meeting. The Amendments were distributed to Councillors prior to the meeting and are underlined in the item below.

10.1 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 6 AUGUST 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RCG01

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 August 2019

SUMMARY: This report presents for Council endorsement the Minutes from the Joint Meeting of the Kimberley Zone of the Western Australian Local Government Association (WALGA) and the Kimberley Regional Group held on 6 August 2019.

BACKGROUND

A copy of the minutes from the joint meeting held 6 August 2019 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) is attached for Council consideration (Attachment 1 – Joint Kimberley Zone and Kimberley Regional Group Minutes 6 August 2019).

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

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

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

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

COMMENT

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

8.1 WALGA Annual General Meeting 2019

This report requested the Zone to consider the recommendations in relation to Member and Executive Motions considered at the WALGA AGM held 7 August 2019.

The WALGA AGM Agenda was received 4 July 2019 (available at https://walga.asn.au/getattachment/5b31a987-12c2-4c50-9e6f-7da54c206a25/Agenda-AGM-2019.pdf).

The summary minutes of the WALGA AGM were received 14 August 2019 (Attachment 2).

The item was carried

9.1 Business Plan Update

This report provided an update on the Strategic Community Plan and Regional Business Plan 2018-2022 for the period May 1 2019 to June 30 2019.

The recommendation to note the Business Plan Status Report was carried.

9.2 Executive Report

This report provided an overview of the activity undertaken by the consultant to support the activities of the Zone for the period 1 May 2019 to 30 June 2019.

The recommendation to note the Executive Support Report was carried.

9.3 Annual Performance Report

This report tabled the Kimberley Regional Group Annual Performance Report, detailing all the activities undertaken by the Kimberley Zone for the financial year.

The recommendation to endorse the Annual Performance Report 2019 was carried.

9.4 Kimberley Regional Group Financial Activity Statement June 2019

This report presented the KRG Financial Activity Report for the period ended 30 June 2019. The report recommended that the Kimberley Regional Group (KRG) receives the Financial Activity Report noting a $241,013.42 end of year surplus (noting that the final end of year position would be presented following the completion of the annual audit).

The item was carried.

9.5 Alcohol Management Report

This report provided an update on member Shire activities in relation to Alcohol Management.

The recommendation noted the update and endorse an allocation of $100,000 (comprising $15,000 of budgeted funds and $85,000 from surplus) for the monitoring and management of alcohol sales through a Takeaway Alcohol Management System.

The item was carried.

While funding options will continue to be explored, a further allocation of up to $50,000 is requested from the Shire of Broome to ensure that sufficient funds exist to implement the TAMS system and associated statistical reporting. Any grant funds received will be used to offset this additional $50,000 investment.

It is recommended that these funds are drawn from funds quarantined in the Restricted Cash Reserve. There is currently $205,824.41 contained in the Restricted Cash Reserve for Kimberley Zone initiatives. Should Council support an allocation of $50,000 towards TAMS, there will be a balance of $155,824.41 quarantined in the Restricted Cash Reserve for future Kimberley Zone initiatives.

9.6 Waste TAG Meeting Minutes

The minutes of the Kimberley Regional Group (KRG) Waste Technical Advisory Group (TAG) meeting held on 7 March 2019 were presented for consideration.

The recommendation noted the minutes and the item was carried.

9.7 Canberra Delegation

This item proposed that a Kimberley Regional Group (KRG) delegation to Canberra be organised from 25 to 28 November 2019 to promote the opportunities and needs of the Kimberley region, including hosting a function for relevant Ministers.

The item was carried.

9.8 Pastoral Animal Hazards Advisory Group Update

This item provided an update on the Pastoral Animal Hazard Advisory Group (PAHAG) Update.

The recommendation to note the activities of the PAHAG was carried.

9.9 Disaster Relief Funding Arrangements

This item sought approval for the distribution of a letter to the Minister for Emergency Services relating to issues experienced by member Council’s when accessing Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) following emergency events.

The recommendation:

- endorsed and sent a letter to the Minister for Emergency Services in relation to Disaster Relief Funding Arrangements (WA) funding.

- endorsed the use of Zone Executive resources to undertake an audit of Western Australia Natural Disaster Relief and Recovery Arrangement funding received by each member Shire over the past 10 years.

The item was carried.

9.10 Joint Pilbara Kimberley Forum – Outcomes

This item provided members with an update of the outcomes of the Kimberley Pilbara Regional Forum.

The recommendation noted the outcomes of the Joint Forum and endorsed further consideration of the range of opportunities available to raise the profile of the KRG and advocacy agenda for the region.

The item was carried.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

As a member of the Kimberley Regional Group the Shire of Broome commits funds to regional initiatives by way of a financial contribution towards the group. The budget forecasts a member contribution of $50,000. $55,000 has been allocated to Kimberley Zone Member Contributions within the Shire’s 2019/20 Budget.

Historically members have also contributed “seed funding” to allow the group to undertake priority projects identified within the KRG Regional Business Plan. As there was an identified surplus this seed funding contribution was not required in 2019/20.

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

To facilitate the successful trial of TAMS it is requested that the Shire of Broome contribute up to a maximum of $50,000. It is recommended that the contribution is drawn from funds quarantined in the Restricted Cash Reserve for Kimberley Zone initiatives. Drawing $50,000 from the Restricted Cash Reserve will reduce the balance of funds available for future Kimberley Zone initiatives to $155,824.41.

RISK

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

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

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

Affordable and equitable services and infrastructure

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Receives and endorses the resolutions of the Kimberley Zone of WALGA and Kimberley Regional Group as attached in the minutes from the Joint Meeting held 6 August 2019 en bloc;

2. Notes the decision of the Kimberley Regional Group to allocate $85,000.00 from the Kimberley Zone surplus towards the Takeaway Alcohol Management System project;

3. Approves a budget amendment of $85,000 including GST to be allocated from Account 10023598 Transfer From Kimberley Zone Reserve - Cap Inc to Account 104052350 Kimberley Zone – Alcohol Management Expenses;

4. Approves an allocation of up to a maximum of $50,000.00 including GST towards the Takeaway Alcohol Management System project; and

5. Approves a budget amendment of $50,000 including GST to be allocated from Account 10023598 Transfer From Kimberley Zone Reserve - Cap Inc to Account 104052350 Kimberley Zone – Alcohol Management Expenses.

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr C Marriott

That Council:

1. Receives and endorses the resolutions of the Kimberley Zone of WALGA and Kimberley Regional Group as attached in the minutes from the Joint Meeting held 6 August 2019 en bloc;

2. Notes the decision of the Kimberley Regional Group to allocate $85,000.00 from the Kimberley Zone surplus towards the Takeaway Alcohol Management System project;

4. Approves an allocation of up to a maximum of $50,000.00 including GST towards the Takeaway Alcohol Management System project; and

CARRIED BY ABSOLUTE MAJORITY 7/0

Attachments