Minutes of Ordinary Meeting - 26 September 2019

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

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.]

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

HELD IN THE Council Chambers, corner Weld and Haas Streets, Broome, ON Thursday 26 September 2019, COMMENCING AT 5:00pm.

1. Official Opening and Attendance

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5:07pm.

Attendance: Cr H Tracey Shire President

Cr D Male Deputy Shire President

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell Via telephone (r.14B Attendance by telephone ect. after natural disaster)

Cr B Rudeforth Entered at 5:08 pm

Apologies: Cr M Fairborn

Leave of Absence:

Officers: Mr S Mastrolembo Chief Executive Officer

Mr A Graffen Director Infrastructure

Mr A Santiago Manager of Finance

Mr S Penn Media and Promotions Officer

Ms L Levi Senior Administration and Governance Officer

Mr J Macmath Senior Projects Coordinator

Public Gallery: Michelle Teoh

Martin Huber

Jack Castellarin

Elizabeth Elllis

Brendan Renkin

Steve Hitzman

Bruce Ruderforth

2. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Cr Harold Tracey	9.3.1	Broome Waste Facilities Update	Financial – A company of which I am a Director is in a Joint Venture with the possible land owner/proponent for the possible site of the RRRP.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr E Foy	9.3.1	Broome Waste Facilities Update	Impartiality – Yawuru Member – gravel pit is within Walmanjano clan group land.
Cr P Matsumoto	9.3.1	Broome Waste Facilities	Native Title Member and Director of the PBC – Yawuru.

3. Public Question Time

The following question was received from Brendan Renkin and taken on notice at the Ordinary Meeting of Council held 29 August 2019:

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?

The Shire provided the following response:

The Shire of Broome aspires to be a leader in sustainable practices. The Shire has worked across a diverse range of planning, project and policy areas to facilitate sustainable environmental, social and economic outcomes.

To demonstrate progress in relation to renewable energy the Shire of Broome has committed to a number of initiatives to ensure the organisation is thinking smarter and taking advantage of the natural advantage our climate provides. Examples of this are but not limited to:

· Chinatown Revitalisation Project – 55 LED luminaires installed as part of the project across both Dampier Terrace and Carnarvon Street. The improved lighting has aided both activation and safety within the precinct. The combination of ‘Smart’ technology within this precinct has allowed for programmes to be set and remotely adjusted to minimise power consumption. The benefits of this project whilst immediate will be quantified once sufficient data has been collected. The local spend across this project was 75% and a local Electrical Sub Contractor used for the electrical works.

· Town Beach Redevelopment – The redevelopment has involved a number of discrete projects with 13 LED luminaires installed on the Revetment Wall and Terracing, 9 LED luminaires installed on the Hammersley Street extension, 7 LED luminaires installed on the Boat Trailer Parking and 16 LED luminaires installed in the Greenspace. The ‘Smart’ technology installed into this precinct allows for efficiencies to be achieved by utilising pre-set scenes to adjust lux and illuminance. Capacity has been built into the precinct for future advancements in smart technology.

· Safer Community Grant Upgrades – The Shire of Broome has leveraged Safer Communities Grant funding to secure infrastructure to address crime and anti-social behaviour in public spaces. To date this funding has realised both the new and upgrade to LED luminaires in Kerr Street, Stracke Cove, Tang Street, Cox Place, Rahman Way, Forrest Street, Herbert Street, Martin Court, Matsumoto Street, Placanica Place and Puertollano Place. Horizon Power have recently released Tariffs for the 20-Watt LED luminaries which have replace the 80 Watt and 125 Watt High Pressure Sodium and Mercury Vapour luminaires. The savings will be realised in the 19/20 financial year.

· Broome Townsite Lighting Audit – The Shire has shown a commitment to improved lighting and upgraded technology by committing to an annual allocation for lighting improvements across the Shire. This programme is informed by a recently undertaken lighting audit of the 140km urban road network. This audit in conjunction with crime statistics and crash data has resulted in upgrades to Walcott Street, Robinson Street and 52 LED luminaries at the Short Street Roundabout (Works awarded). These programmes have again seen LED technology installed to reduce power consumption and realise savings.

· Public Open Space – The Shire of Broome has remained committed to improved lighting and safety in public open space across the townsite. The Shire has currently installed 32 LED luminaires across our open space with 26 of these powered by solar. Of note recently 6 new LED’s were installed to improve safety in the Broome Cemetery. The Shire of Broome looks at both capital and whole of life cost’s when scoping lighting projects.

Bi-annual Audit of Horizon Power Street Lights – The Shire of Broome has worked closely with Horizon Power whilst they have trialled several LED luminaries. Horizon Power are now renewing all luminaires as they reach the end of useful life with LED alternatives within the Shire of Broome. The Shire of Broome has recently received the LED tariff’s and are encouraged by the savings realised by the release of the LED tariffs. Crime prevention through environmental design has been a strong focus of this project and the environmental and economic benefits enhance the value.

· Shire of Broome Administration Building – Upgraded 219 light fittings to LED’s. Approximate Payback time of 3.92 years due to an average annual energy cost saving of $4,322.00. The estimated saving across the life of the fittings is $112,947. Annual Greenhous Gas emission saving is estimated at 10,877 Kg CO2.

· Kimberley Regional Office - Upgraded 154 light fittings to LED’s. Approximate Payback time of 3.92 Years due to an average annual energy cost saving of $3,039.00. The estimated saving across the life of the fitting is $79,418.00. Annual Greenhous Gas emission saving is estimated at 7,648 Kg CO2.

· Shire of Broome Library – Quotes have been sought to upgrade 108 light fitting to LED in the Shire of Broome Library. Estimated saving across the life of this project is $55,695.

· Broome Civic Centre – Continued power generation though solar infrastructure at the Broome Civic Centre. Average generation of 161 kWh per day and a total generation of 359,579 kWh over the life of the facility. Power generation provides an daily saving of $400.

In July 2019 Horizon Power announced its intent to boost capacity of its microgrids to make additional connection of small-scale renewable energy systems available. Unfortunately, due to one large application the current hosting capacity that can be utilised by rooftop solar is 0kW. The Shire has currently received Off-Grid proposals for the Broome Visitor Centre and the Broome Museum. Project Briefs will be prepared for consideration as part of the 2020/21 Budget process for off grid energy solutions.

The following question was received from Brendan Renkin prior to the meeting:

Question One

Noting that the Shire agendas for the last 5 Shire meetings have been 319 pages, 315 pages, 787 pages and 631 pages, and the relatively short amount of time before meetings during which they can be read, has the Shire taken any steps to reduce the required reading for Shire councillors and interested residents?

Response provided by the Chief Executive Officer:

Agendas are available to Elected Members and Residents a minimum of 4 days before Agenda Briefings and 6 days before Ordinary Council meetings (OCM). It should be noted that this is above and beyond the statutory requirement of 72 hours prior to the OCM. The size of agendas varies widely depending on the items requiring a decision of Council. Information provided is to ensure that Elected Members are fully informed before making decisions. Being an Elected Member does require a time commitment given the level of responsibility.

Shire Presidents Response:

Agendas are published to a Councillor Hub a week prior to the meeting. An Agenda Forum is held the Tuesday prior to the meeting. These forums can sometimes last between three to four hours. This is where a fair body of the work is done.

Question Two

Does the Shire have an indigenous recruitment policy, target and up to date figures on the percentage of Shire staff who identify as Indigenous?

Response provided by the Chief Executive Officer:

The Shire does not currently have an Indigenous Recruitment policy or target. Currently 6.7% of the Shires total Headcount of Full-time, Part-Time & Casual Staff identify as indigenous. The Shire is currently investigating options to progress a Reconciliation Framework or the like, which is where this type of target may be formally considered for endorsement.

Question Three

Thank you for the detailed response to my previous question about renewable energy. What action has the Shire taken to increase access by residents and business to renewable energy?

Response provided by the Director of Infrastructure:

The Shire of Broome has a vision for ‘A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity whilst nurturing our natural and built environment’. The Shire of Broome will continue to advocate and lobby on behalf of residents and the Kimberley region for increased access to renewable energy.

The Shire of Broome was encouraged by the $11.6 million investment announced as part of the State budget for centralised solar farms in the Kimberley. This Project will offer safe, more reliable cost effective source of power for communities. The project has the potential to deliver long lasting cost benefits through sustainable energy solutions, as well as local employment and business opportunities. Whilst the initial funding is supporting projects in six remote aboriginal communities the technology has much broader potential across Western Australia.

Construction is scheduled for Warmun and Kalumburu in 2020 and in the Shire of Broome at Ardyaloon, Beagle Bay, Djarindjin, Lombadina and Bidyadanga in 2021. The project will significantly reduce the cost of providing power to these towns, which are currently fuelled 100 per cent by diesel. It will also drive a significant reduction in CO2 emissions by more than 2,000 tonnes per year, which is equivalent to taking 425 cars off the road each year.

The Shire is committed to continue to work across a diverse range of planning, project and policy areas to facilitate sustainable environmental, social and economic outcomes and will continue to be a strong advocate for renewable energy moving forward.

The following question was received from Michelle Teoh prior to the meeting:

My name is Michelle Teoh. My question refers to Agenda Item 9.2.3 Town Beach Groyne Construction. Could you please explain what the ‘Town Beach Groyne Construction’ entails?

Response provided by the Director of Infrastructure:

The Shire of Broome is undertaking a multimillion-dollar upgrade to the Town Beach Precinct. These upgrades will see the area transformed into a multipurpose precinct designed to improve amenity for all ages.

The upgrades are being rolled out across various projects. In October 2014 The Shire of Broome endorsed the Old Broome Development Strategy. This report recommended the construction of a new jetty at the old jetty groyne site to allow people to fish from a jetty at Town Beach once again. The upgrade of the existing groyne is the first stage of the new jetty construction project and part of the Town Beach Redevelopment. Works will provide additional coastal protection in the area as well as form part of the new Town Beach Jetty structure which will support fishing and boating in the area.

The works involve the sorting and removal of unsuitable material from the existing groyne structure, placement of clean fill, geotextile fabric and the supply and placement of filter and armour rock. The specification from the Town Beach Revetment project has been replicated for these works to ensure structural and aesthetic consistency. Works will be carried out over a three to four-month period. During this period access to the Town Beach Carpark and Town Beach Boat ramp will be restricted. A temporary carpark will be set-up and pedestrian movements managed around the site.

On completion of these projects it is expected that the Town Beach Precinct will become a premier attraction for visitors and residents of Broome.

The following question was received from Jack Castellarin prior to the meeting:

Horizon Power has successfully mis-managed this process by guaranteeing only 25% (or 90 homes) of the total 2.1mW capacity to Broome residents while securing the rest to commercial users including one project at the Broome Boulevard which has consumed half of this total capacity. Horizon Power has been aware of this project for multiple years and despite approval has no clear date of project completion. how will Broome Shire respond? And will you become and advocate for over 40 local residents and installers who have missed out on the opportunity to install solar and business respectively?

Response provided by the Director of Infrastructure:

The Shire of Broome is not engaged in energy generation or distribution and as such not positioned to comment on the Horizon Power management of the recent release of hosting capacity within the Broome Townsite. As you have stated currently, there is a limit to the network capacity on renewables connected to the grid in Broome. A high volume of renewables, particularly in a small town, can cause issues with the power supply to the town.

The Shire of Broome has however been encouraged by the Onslow Renewable Energy Pilot which has provided Horizon Power the opportunity to utilise new central control technology and infrastructure which manages the supply of power to the Onslow microgrid. This pilot aims to demonstrate how high levels of renewable energy, far beyond the normal limits that might be applied, can be generated by customers, while reliability of supply is maintained. The pilot integrates solar panel and battery storage systems with traditional energy sources to maximise the amount of renewable energy in Onslow's microgrid. The project will deliver and install up to 2 MW solar PV and up to 1 MW hour of small scale battery storage. The Pilot was launched in March 2019 and the response from the Onslow community has been very positive.

The Pilot is an example of how technology and expertise can demonstrate the ability for high levels of renewable solar energy to be successfully integrated into a power system. The Shire of Broome will continue to monitor this pilot whilst engaging with Horizon Power to advocate for local opportunities.

There are a number of items outside of Local Government control relating to specific residential applications including local distribution transformer limits, phase imbalances however the Shire of Broome will continue to advocate for local residents and business who seek to take advantage of renewable opportunities.

4. Applications for Leave of Absence

5. Confirmation Of Minutes

Council Resolution:

Moved: Cr C Marriott Seconded: Cr D Male

That the Minutes of the Ordinary Meeting of Council held on 29 August 2019, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

6. Announcements By President Without Discussion

Nil.

7. Petitions / DEPUTATIONS

Nil.

8. Matters For Which The Meeting May Be Closed

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

Council Resolution:

Moved: Cr B Rudeforth Seconded: Cr P Matsumoto

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

9.2.3 RFT 19-12 TOWN BEACH GROYNE CONSTRUCTION

Item 9.2.3 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

9.4.1 LEASE DISPOSAL - KIMBERLEY REGIONAL OFFICES BUILDING TENANCY 5, 6 and 7

Item 9.4.1 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.3.1 BROOME WASTE FACILITIES UPDATE

Item 9.3.1 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government.

CARRIED UNANIMOUSLY 7/0

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

9.2.1 BROOME - CAPE LEVEQUE AND ONE ARM POINT ROADS TRANSFER TO STATE ADMINISTERED ROADS

LOCATION/ADDRESS: BROOME - CAPE LEVEQUE ROAD AND ONE ARM POINT ROAD

APPLICANT: Nil

FILE: BRO-3/GEN; OGS27, ONE-1/GEN

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Asset Officer

RESPONSIBLE OFFICER: Director of Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 9 September 2019

SUMMARY: The Broome – Cape Leveque Road is currently a Shire controlled asset and is maintained with grant funding and municipal (in-house labour) funds each year. The Federal and State Government have committed $65 million for the Broome – Cape Leveque project. Main Roads WA (MRWA) have been requested by both the State and Federal Government to manage the construction and sealing of Broome - Cape Leveque Road.

MRWA have indicated the Broome – Cape Leveque Road and One Arm Point Road satisfy the requirements for them to take over these roads as a State Administered Road.

There is a potential risk to the Shire in the event the roads are not recommended for assessment by MRWA or do not meet the Road Classification Assessment for State Administered Roads, the Shire will be responsible for the ongoing operating and maintenance requirements of these roads.

This report seeks Council’s support to write to MRWA requesting they proceed with a request for assessment of the Broome – Cape Leveque Road and One Arm Point Road as a State Administered Road.

BACKGROUND

Previous Considerations

OMC 25 May 2017 Item 9.2.12

OMC 28 June 2018 Item 9.2.1

OMC 30 May 2019 Item 9.2.6

The Broome – Cape Leveque Road and One Arm Point Road are currently Shire controlled and maintained assets, which are funded through a combination of municipal and grant funding each year.

The Federal and State Government have committed $65 million for the Broome – Cape Leveque project (the Project). Improvement works include constructing and bitumen-sealing the unsealed sections of road, reconstructing existing narrow sealed section and upgrading the intersection at the Broome Highway.

Main Roads WA (MRWA) have been requested by both the State and Federal Government to manage the construction and sealing of Broome - Cape Leveque Road. As the Broome – Cape Leveque Road is Shire controlled, MRWA were required to enter into a Partnership Agreement with the Shire in order for construction works to proceed.

The Partnership Agreement includes MRWA investigating the future status of the road as a local government road, to determine if a recommendation should be made to Government to proclaim the Broome - Cape Leveque Road and One Arm Point Road as a State Administered Road.

COMMENT

The Administrative Road Classification methodology is used to guide whether a road should be managed by Main Roads WA or Local Government, in accordance with the provisions of the Main Roads Act 1930 (MR Act).

West Australian Local Government Association (WALGA) endorsed the revised Administrative Road Classification Methodology for the metropolitan area in March 2018.

In March 2019, WALGA supported the Administrative Road Classification Methodology – Regional Roads within Rural / Non-Built Up Areas.

A road will only be considered for assessment to become a State Administered Road if they are listed by the relevant Regional Road Group as a Significant Local Government Road. A request for assessment received internally from MRWA can proceed to Full Assessment.

In accordance with the Administrative Road Classification Methodology – Regional Roads within Rural / Non-Built Up Areas, any road to come under the care and jurisdiction of MRWA must achieve more than 28 points from overall 40 points, scored against the following criteria (refer to Attachment 1):

(1) Strategic role

· Transport Strategy

(2) Network role

· RAV Network Access

· Property Access

(3) Design function, and

· Route Capacity

· Road Hierarchy

(4) Trafficable volumes

· AADT

· Heavy Vehicle Traffic additional score

Other considerations include strategic and regional development factors such as regional tourist attractions.

Shire Infrastructure Officers have assessed the Broome – Cape Leveque Road and One Arm Point Road using the Administrative Road Classification Methodology – Regional Roads within Rural / Non-Built Up Areas, Road Classification Assessment Score Sheet and are satisfied the Broome – Cape Leveque Road meets the classification requirements.

Assessment of the One Arm Point Road failed to meet the administrative road classification requirements in isolation of the Cape Leveque Road. However, One Arm Point Road, as part of the Project, will ultimately be amalgamated into Cape Leveque Road, becoming one continuous road, and therefore included in the assessment of the Broome – Cape Leveque Road (refer to Attachment 2).

MRWA have indicated the Broome – Cape Leveque Road and One Arm Point Road satisfies the requirements for them to take over the roads as State Administered Road. In order to proceed MRWA must make a formal request to have the roads assessed, which will need to be accepted by the Commissioner for recommendation to the Governor.

This report recommends that Council supports Shire Officers writing to MRWA requesting they proceed with a request for assessment of the Broome – Cape Leveque Road and One Arm Point Road as State Administered Road.

CONSULTATION

Main Roads Western Australia

STATUTORY ENVIRONMENT

Land Administration Act 1997

56. Dedication of land as road

(1) If in the district of a local government –

(a) land is reserved or acquired for use by the public, or is used by the public as a road under the care, control of the management of the local government; or

(b) in the case of land comprising a private road constructed and maintained to the satisfaction of the local government –

(i) the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii) those holders of the freehold in rateable land abutting the private road, the aggregate of the rateable value of whose land is greater than one half of the rateable value of all the rateable land abutting the private road, apply to the local government, requesting it to do so; or

(c) land comprises a private road of which the public has had uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate the land as a road.

(2) If a local government resolves to make a request under subsection (1), it must —

(a) in accordance with the regulations prepare and deliver the request to the Minister; and

(b) provide the Minister with sufficient information in a plan of survey, sketch plan or document to describe the dimensions of the proposed road.

(3) On receiving a request delivered to him or her under subsection (2), the Minister must consider the request and may then —

(a) subject to subsection (5), by order grant the request;

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

(c) refuse the request.

(4) On the Minister granting a request under subsection (3), the relevant local government is liable to indemnify the Minister against any claim for compensation (not being a claim for compensation in respect of land referred to in subsection (6) in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

(5) To be dedicated under subsection (3)(a), land must immediately before the time of dedication be —

(a) unallocated Crown land or, in the case of a private road, alienated land; and

(b) designated in the relevant plan of survey, sketch plan or document as having the purpose of a road.

Main Roads Act 1930

13 Proclamation of highways and main roads

(2) In considering whether to make any recommendation to the Governor that a road should be declared to be a highway, the Commissioner shall take into account —

(a) the moneys available or likely to be available for highways; and

(b) whether the road is or will be the direct connection between the capital of this and any other State; or

(c) whether the road is or will be the principal route between the capital and the major producing regions of the State; or

(d) whether the road is or will be the principal route between 2 or more of the major producing regions or major centres of population of the State; or

(e) whether the road is or will be the principal route for high volume traffic movements within large urban areas.

(3) In considering whether to make any recommendation to the Governor that a road should be declared to be a main road, the Commissioner shall take into account —

(a) the moneys available or likely to be available for Main Roads; and

(b) whether the road is or will be the main route connecting any large producing area, or any area capable of becoming in the near future a large producing area, with its market or closest railway station; or

(c) whether the road is or will be the main route of intercommunication between 2 or more large producing areas, or areas capable of becoming in the near future large producing areas, or between large centres of population; and

(d) whether the road is or will be a major route for high volume traffic movements within large urban areas.

POLICY IMPLICATIONS

4.1.7 Register of Public Roads

FINANCIAL IMPLICATIONS

The annual maintenance, renewal and upgrade of the Cape Leveque Road and One Arm Point Road are a significant expense for the Shire of Broome.

Maintenance costs for these assets have seen on average $476,764 of municipal (in-house labour and materials) funds spent across the 14/15 to 18/19 financial years. During this period an additional average of $340,633 has been expended on the capital upgrade and renewal of these roads.

Historically the Broome Cape Leveque Road has been eligible for Indigenous Access Roads program funding to improve the formation and drainage of the unsealed section. Allocated funding has historically been $133,222 per annum and has offset the municipal funds required for the capital upgrade and renewal works that have been undertaken. Since the commencement of the Cape roads reconstruction and sealing works, the Shire’s allocation has been considerably reduced with no allocation in the MRWA draft five-year program.

Removing both the Broome - Cape Leveque Road and One Arm Point Road from the Shire’s Road Inventory database will reduce the unsealed road network from 284km to 195km and the sealed road network from 283km to 166km or a total of 206km. Road inventory data is used as the primary basis for the allocation of the road grant component within Financial Assistance Grants, as well as other grant programs including Direct Grants (through MRWA) and Roads to Recovery funding. The proclamation of these roads as State Administered Roads will result in a reduction in the Shires grant funding eligibility the quantum of which is to be determined.

In addition to the Asset Renewal impacts, the removal of the roads would also affect the Shire’s balance sheet as Fair Value for both roads would be removed. Depreciation expenses would also decrease substantially with a resulting improvement in associated financial sustainability ratios.

In the event the roads are not proclaimed as State Administered Roads, the Shire will be responsible for the ongoing maintenance and renewal costs for these roads. The upgrade project will result in a total of 206km of sealed pavement and 412 km of formed shoulders requiring annual maintenance and renewal activities. The new works will see an additional 89km of seal which will reduce the Shires Maintenance grading activities resulting in a saving of labour and plant allocations in the resource-based budget. This however will be offset by the requirement to undertake signage maintenance and cut and roll shoulder maintenance.

The 2019/20 Shire of Broome resource based budget highlights a linear metre cost for maintenance grading of $0.49. This equates to internal Plant and Labour cost’s including overheads of $43,610 per grade (89,000m). The Cape Leveque Road’s level of service is for 4 maintenance grades at $174,440 per annum. With the sealing of the new road formation through this section it is anticipated that maintenance costs will increase to $290,733 based on an intervention level that cuts and rolls a third of the network per annum at the 2019/20 rate of $4.90 per linear metre (178,000 m). In addition, the 89km’s of the new seal will require a reseal in 12 years based on current intervention levels at an indexed cost of $4,616,430 or an annual renewal allocation of $384,702. This additional renewal expense is not currently captured in the Shire of Broome’s asset management plan.

Based on the current levels of service provided to these roads the projected maintenance/renewal expenditure post Project is depicted in the table below.

Detail	One Arm Point Road	Broome – Cape Leveque Road	Total
Road Length	13,768 m	192,595 m	206,363 m
Road Width	7 m	7 m	7 m
SQM	96,376 m²	1,348,165 m²	1,444,541 m²
Projected Annual Maintenance (Cut and Roll 3^rd of Network)	$44,975.46	$629,143.63	$674,119.09
Reseal requirements over the next 20 years	$804,717.77	$11,018,224.9	$11,822,942.67
Average reseal requirements (20 - year average)	$40,235.89	$550,911.24	$591,147.13

Should the roads be proclaimed State Administered Roads, the Shire’s in-house labour allocation to the Cape Leveque Road and One Arm Point Road would be reduced by approximately 3500 hours. This allocation equates to 1.5 FTE’s. This reduced allocation will provide the Shire of Broome with a number of options. Option one would be to realise a saving in salary expenses. Option 2 would be to reallocate the resource to an increased level of service to existing gazetted rural road network, Option 3 would be to review the secondary road network on the Dampier Peninsula and identify significant non gazetted roads to maintain. Option 4 would be to reallocate resources to renewal and upgrade the existing rural road network that has been impacted by historic maintenance grading practices.

Officers intend to revisit options with Council following the outcome of the MRWA assessment and may involve any or a combination of a number of these options.

RISK

There is a potential risk to the Shire in the event the roads are not recommended for assessment by MRWA or do not meet Road Classification Assessment for State Administered Roads. The Shire will be responsible for the ongoing operating and maintenance requirements i.e. shoulder maintenance, signed maintenance, table drain maintenance and the revegetation of the road reserve. Additionally, the Shire would be responsible for the resealing of the roads on a routine basis and will ultimately be responsible for the reconstruction once the assets reach the end of their useful lives.

There is a risk that the Shire of Broome’s eligibility or grant funding will be reduced should the roads be proclaimed State Administered Roads. This report details the extensive expense that the ongoing maintenance and renewal of these assets would have on the Shire of Broome. Review of current data indicates that reductions in eligibility for grant funding would be offset by the significant operational and capital expenses that the ongoing control and maintenance of these roads would require.

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 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

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

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr E Foy

That Council authorises the Chief Executive Officer to write to Main Roads Western Australia (MRWA) requesting MRWA proceed with a request for Broome -Cape Leveque Road and One Arm Point Road to be considered for proclamation as a State Administered Road.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Administrative Road Classification Regional Roads
2.	Broome - Cape Leveque and One Arm Point Roads

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

This item was amended by officers and circulated to Councillors prior to the meeting. The report has been updated with the revised changes for the purpose of the minutes.

9.2.2 Department of Local Government, Sport and Cultural Industries Community Sport and Recreation Facilities Fund Annual and Forward Planning Grants Round 2020/21 - 2022/23

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GPC08

AUTHOR: Manager Sport and Recreation

CONTRIBUTOR/S: Club Development Officer

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 September 2019

SUMMARY: The Department of Local Government, Sport and Cultural Industries (DLGSC) Community Sporting and Recreational Facilities Fund (CSRFF) 2020/2021 – 2022/23 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 prepared by the Shire of Broome prior to it being submitted to DLGSC.

BACKGROUND

Previous Considerations

The DLGSC calls for applications for financial assistance towards large infrastructure projects through the CSRFF via two categories:

· Annual Grants - For grants of $100,000 to $166,666 for projects that are between $300,000 and $500,000 in total cost.

· Forward Planning Grants - For grants of $166,667 - $2,000,000 for projects that are in excess of $500,000 in cost.

The CSRFF Project Assessment process requires the Local Government Area (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 prepared an application that is required to be assessed and prioritised by Council prior to being submitted to the DLGSC before 30 September 2019. This application is to part fund the installation of competition standard field lighting on Joseph ‘Nipper’ Roe Sports Field located at the Broome Recreation Aquatic Centre (BRAC).

Throughout 2018 the Shire of Broome undertook the Sport & Recreation Plan (2019 – 2029) which included extensive consultation with sporting groups and key stakeholders. This plan was adopted by Council at the 28 February 2019 Ordinary Meeting of Council.

The development of the Sport & Recreation Plan included the analysis of past, current and projected usage and identified the high, medium and low priority infrastructure projects that were considered essential to cater for the current and future needs of Broome sport. Installing lights at Nipper Roe was considered a high priority project due to the growth of field sports in Broome, and particularly with the growth of women’s football in the West Kimberley.

Due to the existing lack of lit field space available, there are often multiple sports/teams using the fields at one time. This causes some conflict between sports and clubs and limits the ability for full - scale drills and game simulation. The effect of this is demonstrated through the commentary in letters of support provided for this project by the clubs, sports and other stakeholders that are provided with the application.

The need for this project was identified during previous planning and has been included in the Shire’s long-term planning for several years. A previous estimate had been developed and had informed the Shire’s Corporate Business Plan (CBP), Long Term Financial Plan (LTFP) and Sport and Recreation Plan.

For this funding application, BEST Consultants were engaged to develop a lighting plan, concept design, and cost estimate for the full design and installation of the lighting system. This has formed the basis for the application. Light Emitting Diode (LED) fittings have been specified in the design to enable energy efficiency and improved performance.

Using the newer LED technology compared to the previous metal halide type has assisted with a reduction in anticipated project cost.

Australian Standards for sports field lighting require large ball sports to have a minimum lighting level of 100 lux. Large ball sports include (but not limited to) Australian Rules Football, Touch Football, Soccer and Rugby League. All of which are played competitively and socially in Broome.

The project to install lighting at Nipper Roe Sports Field has been included in the Shire’s CBP to be undertaken in 2021 – 22. Due to the massive growth in Broome field sports, it is proposed that the project be brought forward to 2020-21 and funding be sought through the CSRFF program to enable the project to proceed. This amendment will be recommended by officers at the next review of the CBP.

The recent growth experienced can be demonstrated by the participation increase in senior football and particularly in the women’s competition of the West Kimberley Football League (WKFL). In 2016 the WKFL had 64 registered women players that played games of football but not an entire season. In three years, the competition has expanded to a point in 2019 where there were 385 registered players across seven teams that played in the WKFL women’s competition. This growth is set to continue with another team to be introduced in the 2020 season. This growth has seen the participation numbers in senior football under the banner of the WKFL almost double, without even taking into account the growth in junior football.

CONSULTATION

Extensive consultation was undertaken to develop the Shire’s Sport & Recreation Plan. All field sporting clubs provided input into the development of the plan, and a reoccurring theme was the need for additional lit field space.

Key users of the BRAC fields have provided letters of support for this project. They refer to the competition for field space they experience after sundown and the effect that this has on quality of the training and competition that they can undertake with comments including the statements below:

West Australian Football Commission

‘This project will particularly assist the West Kimberley Football League, West Kimberley Junior Football League, Kimberley Spirit Talent program and the wider sporting community in general by increasing options for clubs training under lights and playing football.

Having two Ovals to train on side by side creates opportunities for Clubs to train their players from juniors to seniors together which will have flow on effects of club development through bringing club members together to one facility. Match days will also be able to be played out at the one venue with less overall time required on volunteers and club officials.’

Broome Soccer Association

‘This project will particularly assist Broome Soccer Association as we only use the fields at BRAC, this is because all of our equipment is stored there. Having another field of play with

lights will allow us to have more matches at once. We are also hoping to host a NW/Pilbara Championships for children in 2021 and additional lights would make this possible.’

Broome Touch Football Association

‘Broome Touch Football Association (BTA) uses the Shire sporting fields for 3 touch seasons per year comprising two mixed 16-week competitions and a 6-week mid-season men’s & women’s competition. BTA in essence is probably the largest sporting association user that occupies the ovals for 38 weeks in any calendar year and has done so now for nearly 10 years.

This project will particularly assist BTA by allowing us to be flexible with game and field allocations as we work with the Broome Jets Rugby league Club to develop a junior League Touch Program and Men’s League Tag competition towards the end of 2019 and into 2020 and beyond.’

Broome Jets Rugby League

‘As a developing club, which is rapidly gaining momentum, this project will particularly assist Broome Jets Rugby League by enabling us to offer our Junior and Senior teams additional training sessions and additional allow us an opportunity to entertain ideas focusing on women’s participation in Rugby League.

Broome Jets Rugby League recently secured hosting duties of the North West Championships here in 11 and 12 October 2019. Traditionally, this is held annually in Karratha each October. Due to the limited oval availability with AFL bookings, we were required to seek approval from NRL WA and the Club’s visiting from across the North West, to amend the date to October. With access to an additional lit field at BRAC, accommodating such special events in the future would become an easier task.’

Garnduwa Amboorny Wirnan Aboriginal Corporation

‘This project will particularly assist Garnduwa with our club development program as it will allow the teams we work with plan training sessions with adequate space to run drills suitable for the ages and skill level of the group. It will also enable Garnduwa to host regional events in Broome during the wet season by being able to program games in the cooler time of the day during the late afternoon and evenings.’

Broome Cricket Association

‘This project will particularly assist Broome Cricket Association by allowing for both junior and senior games to be played at night instead of during the heat of the day. It will also allow for junior cricket to by played during the week (evenings) which in turn will make cricket a more attractive sport for young children and their parents. It will also allow for Broome Cricket Association to nominate for hosting rights to the Northwest Cup, the largest cricket carnival in Western Australia outside the metropolitan area.’

Broome Junior Cricket Association

‘Installing field lighting to playing standard at Nipper Roe Sports Field will assist Broome Junior Cricket Association by providing additional lit space for their participants to train and compete and enable sport in Broome to continue to grow.’

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Capital cost/grant funding

The total project cost (including contingency) prepared by BEST Consultants has been estimated at $996 580 exclusive of GST. Under the CSRFF guidelines, as a remote location the Shire of Broome is potentially eligible to apply for up to 50% of the project cost. As such the Shire’s contribution would be in the vicinity of $501 080 and would seek $495 500 from the CSRFF program.

Project	Shire	CSRFF	Total
Design and construct of lighting installation	$501 080	$495 500	$996 580

This project is currently listed in the LTFP for 2021-22 with the following breakdown.

Shire	CSRFF	Total
$936,510	$242,194	$1,178,704

Bringing the project forward to 2021 and applying for CSRFF funding in the current round will mean a reduced muni component of $435 430

Operational cost

The current method of charging clubs and associations for light usage is on an hourly basis and calculated through cost recovery for electricity consumption plus a small component that assists with the costs of preventative and reactive maintenance of the existing systems. It is intended that this same method of calculation be utilised for the Nipper Roe lighting.

The proposed lighting fixtures are LED and so will have the lower cost of operation than the metal halide type currently installed across other facilities. This will reduce the financial impact of the operational cost of the lighting system. These savings will also be passed onto the users, making community sport more affordable for all.

Asset management

The existing field lights at Haynes Oval and Father McMahon Field are not currently included within the Shire’s asset management planning. It is intended that in the next review of the asset management plan that all sport and recreation assets are included and maintenance, renewal and replacement costs of all of these assets to then be built into the long-term financial planning.

Financial/corporate planning

Currently, this project is designated in the CBP and LTFP to be undertaken in the 2021/22 financial year. For this project to be completed in 2020/21, it will need to be brought forward during the next annual CBP and LTFP review. It is important to note that with the advancements in technology and the design incorporating the LED fittings, the anticipated cost of the project has been reduced from the figure currently shown in corporate planning due to the need for just six light poles compared to the previously designed eight poles.

RISK

Risk

Rating

Mitigation

The project does not proceed, and sporting clubs are forced to continue to share existing lit field space.

This compromises the quality of activity and limits growth of sport in Broome.

There is also potential for injuries due to the wear and tear causing uneven and highly compacted surfaces and multiple teams using the same field space.

Possible/Moderate - Moderate

Gather community and spring group support and seek external funding.

If CSRFF application for funding is unsuccessful, seek from other sources.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

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

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

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

Affordable and equitable services and infrastructure

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto 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 Annual and Forward Planning Grants 2020/21 – 2022/23 for funding, prioritised as follows:

Applicant

Project Funding

Priority

Shire of Broome

(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

1.	2020-2021 CSRFF Annual and Forward Planning Round Application Form - Nipper Roe Lighting_1

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

9.4.2 MONTHLY PAYMENT LISTING - AUGUST 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Coordinator Financial Operations

CONTRIBUTOR/S: Finance Officer - Creditors

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 12 September 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 August 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 August 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 August 2019 after $1,551,448.78 in personnel payments, $341,970.67 in utilities and other non-local sole suppliers have been excluded.

RISK

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

STRATEGIC IMPLICATIONS

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

An organisational culture that strives for service excellence

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr D Male

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in August 2019 totalling $4,298,868.32 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a. EFT Vouchers 52186 - 52604 totalling $4,127,957.16;

b. Municipal Cheque Vouchers 57603 – 57605 totalling $1,754.58;

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

d. Credit Card Payments & Municipal Direct Debits DD26865.1- DD26925.33 totalling $169,156.58.

2. Notes the local spend of $1,290,533.34 included in the amount above, equating to 53.65% of total payments excluding personnel, utility and other external sole supplier costs.

CARRIED UNANIMOUSLY 7/0

Attachments

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

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

9.4.3 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 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 August 2019

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 August 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 16.94%

Total Rates Raised Revenue 100% (of which 58.65% has been collected)

Total Other Operating Revenue 31%

Total Operating Expenditure 10%

Total Capital Revenue 2%

Total Capital Expenditure 7%

Total Sale of Assets Revenue 2%

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

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr D Male

That Council:

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

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

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Monthly Financial Report - August 2019
2.	Schedule 2
3.	Schedule 3 - 14

Item 9.4.3 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 2019

PDF Creator

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

8.1 YAWURU PARK COUNCIL MEETING MINUTES 21 AUGUST 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: NAT55.1; NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 September 2019

SUMMARY: This report presents Council with a progress report for the Yawuru Park Council (YPC), comprising the draft minutes and associated recommendations of the YPC meeting held on 21 August 2019.

BACKGROUND

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

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

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

The following are the current representatives on the YPC:

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

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

Shire Representatives: Cr Harold Tracey, Sam Mastrolembo and Andre Stuyt

Shire Proxies: Cr Elsta Foy, Coordinator Strategic Planning (proxy for Andre Stuyt) and Land Tenure Officer (proxy for Sam Mastrolembo)

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

DBCA Proxies: Anthony Richardson, Craig Olejnik, Luke Puertollano, Jason Richardson and Jason Fong

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

YPC minutes were last presented to Council for noting at the Ordinary Meeting of Council (OMC) on 27 June 2019 which included minutes for the YPC meeting held on 15 May 2019. Since the OMC on 27 June 2019, the YPC met on 21 August 2019.

COMMENT

YPC Meeting on 21 August 2019

The agenda (Attachment 1) and minutes (Attachment 2) of the YPC meeting held on
21 August 2019 are attached. At the meeting, the YPC considered the following items:

2. Minutes of previous meeting

2.1 Review and adoption of previous minutes

Minor typographical amendments – Adrian to ‘Andre’, Tanya to ‘Tania’ and Tracy to ‘Tracey’, throughout minutes.

Circular resolution from 8 April 2019 Item 4.1 resolved:

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Notes the Minyirr Park Weed Management Plan Recommendations 2018.

2. Instructs the Yawuru Park Council Working Group, in conjunction with the Authors of the Minyirr Park Weed Management Plan Recommendations 2018, to develop a weed eradication plan based on legislative requirements, priority weeds and hot spots and provide an indicative project budget.

3. Instructs the Yawuru Park Council Working Group to set up a working group with relevant Shire of Broome officers to address drainage issues within Minyirr Park, consistent with the Minyirr Buru Conservation Management Plan and the Shire’s District Stormwater Management Strategy.

4. Present the weed eradication plan and budget to the YPC for consideration.

Moved: Sam Mastrolembo Seconded: Daniel Balint

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

Nil.

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

4.1 Yawuru Female Country Ranger, Monica Edgar, presented an overview of the Yawuru Female Country Managers progress in Minyirr Park (Attachment 3).

5. Guniyan Binba (Northern Intertidal Zone) (Yawuru, Shire and DBCA)

5.1 DBCA Officer, Clare Atkins, via video conference, presented a summary of submissions received for the Guniyan Binba Conservation Park Joint Management Plan (Attachment 4).

6. Birragun (Out-of-Town Conservation Estate) (Yawuru and DBCA)

6.1 DBCA and YPC Representative, Daniel Balint, presented a summary of the Nimalarragun Wetland Biodiversity Survey 2018 (Attachment 5).

7. Reports

7.1 Financial Statement

Royalties for Regions (Operational) June 2019:

· YTD Actual $1,099,217

· YTD Budget $1,099,993

· YTD percentage spend 100%

Yawuru Trust Account (Capital) June 2019:

· YTD Actual $0

· YTD Budget no budget – pending prioritisation of capital projects

· YTD percentage spend -3% (Interest accrued $24,054)

8. Other matters and correspondence in

8.1 Shire President and YPC Representative, Harold Tracey, provided a presentation of proposed Broome Safe Boat Harbour and Port Precinct (confidential, therefore not attached).

8.2 NBY Officer, Ingrid Lancaster, presented a letter from Palmer Road residents regarding itinerant campers residing in the Conservation Estate located adjacent to the Birragun Buru residential estate (Palmer / Dann Roads) (Attachment 6).

CONSULTATION

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

STATUTORY ENVIRONMENT

5.23 Meetings generally open to public

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

(a) all council meetings; and

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

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

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

(b) the personal affairs of any person; and

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

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

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

(i) a trade secret; or

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

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

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

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

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

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

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

and

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

(h) such other matters as may be prescribed.

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

POLICY IMPLICATIONS

3.1.3 Yawuru Park Council Representation

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Effective communication

Accessible and safe community spaces

A healthy and safe environment

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

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

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr C Marriott

That Council notes the minutes of the Yawuru Park Council meeting held on 21 August 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Yawuru Female Country Managers
2.	Draft Minutes 21 August 2019
3.	Agenda 21 August 2019
4.	Guniyan Binba Submission Summary
5.	Nimalarragun Survey Summary
6.	Letter from Palmer Road Residents

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

10.2 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 3 SEPTEMBER 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: 12 September 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 3 September 2019.

BACKGROUND

A copy of the minutes from the joint meeting held 3 September 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 3 September 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 STATE COUNCIL AGENDA AND PRESIDENTS REPORT - 6 SEPTEMBER 2019

This report presented the WALGA President’s Report and requested the Zone to consider the recommendations in relation to matters for decision to be tabled at the WALGA State Council Meeting on 6 September 2019.

The WALGA State Council Meeting Agenda was received 7 August 2019 (available at https://walga.asn.au/getattachment/a846e7df-becb-4570-956e-cafec51afcb3/Agenda-State-Council-6-September-2019.pdf). 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 16 July 2019 to 5 August 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 16 July 2019 to 15 August 2019.

The recommendation to note the Executive Support Report was carried.

9.3 ALCOHOL MANAGEMENT REPORT

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

The item was carried.

9.4 WASTE TAG MEETING MINUTES

The minutes of the Kimberley Regional Group (KRG) Waste Technical Advisory Group (TAG) meeting held on 25 July 2019 were presented for consideration.

The recommendation noted the minutes and the item was carried.

9.5 CANBERRA DELEGATION

This item noted the update on the delegation to meet with Federal Ministers in Canberra from 25 to 28 November 2019.

The item was carried.

9.6 MINOR AMENDMENT TO THE KIMBERLEY REGIONAL GROUP GOVERNANCE AGREEMENT

This item proposed a minor amendment to the Kimberley Regional Group’s (KRG) Governance Agreement to reflect reasonable timeframes for the preparation of the Annual Performance Report.

The item was carried.

9.7 DEFENCE IN THE NORTH WEST OF AUSTRALIA

This item provided an overview of meetings held between local government representatives in the Pilbara and the Kimberley, the identified actions agreed by participants and a proposed amendment to Item 3.1 of the Strategic Community Plan and Business Plan to recognise this matter.

The group resolved to:

1. Support the development of a paper on Defence infrastructure for the North West of Australia with a focus on the resilience and adequacy of existing infrastructure.

2. Endorse the Secretariat liaising with the Pilbara local governments where procurement is required for the development of the Defence paper.

3. Endorse the inclusion in the Strategic Community Plan and Business Plan 2018-2022 recognition of regional Defence as detailed in the item.

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. $5,000 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.

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

CARETAKER PERIOD STATEMENT

The recommended decision is not a ‘Major Policy Decision’ within the context of Council Policy 2.1.8 ‘Elections – Caretaker Policy’.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto Seconded: Cr B Rudeforth

That Council 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 9 September 2019 en bloc.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	JOINT WALGA ZONE AND KRG MINUTES - 9 SEPTEMBER 2019

Minutes – Ordinary Meeting of Council 26 September 2019 Page 0 of 1

Attachment ten was amended by officers and circulated to Councillors prior to the meeting. The revised changes will show as tracked changes in the Minutes.

With regards to Item 9.3.1 Cr E Foy declared an impartiality interest, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, as she is a Yawuru Member and the gravel pit is within Walmanjano clan group land.

With regards to Item 9.3.1 Cr P Matsumoto declared an impartiality interest, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, as he is a Native Title Member and Director of the PBC Yawuru.

With regard to Item 9.3.1 Cr H Tracey declared a financial interest, pursuant to section 5.60a of the Local Government Act 1995, as a company of which he is a Director, is in a Joint Venture with the possible land owner/proponent for the possible site of the RRRP.

Cr H Tracey left the chambers at 5:32pm.

Cr D Male assumed the position of the Chair at 5:33pm.

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

9.3.1 BROOME WASTE FACILITIES UPDATE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA71

AUTHOR: Special Projects Coordinator

CONTRIBUTOR/S: Land Tenure Officer

Manager Works

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 August 2019

SUMMARY: The Shire of Broome has undertaken a Request for Quotation to appoint a suitable Consultant to manage all the required project planning, site investigations and monitoring tasks required to confirm the suitability for sites under review for Broome’s waste facilities under Request for Quotation (RFQ) 19-72. This report provides an overview of the procurement process and seeks the Council’s adoption of the recommendation provided in the attached Confidential Evaluation Report.

This report also provides an overview and update of land access negotiations and seeks Council’s endorsement to execute the In-Principle Agreement to access Site G1.

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr C Mitchell

That Council:

1. Accepts the Quotation submitted by Talis Consultants as the most advantageous quotation from which to form a contract for RFQ 19-72 ‘Broome Waste Facilities Site Investigations and Planning’.

2. Authorises the Chief Executive Officer to negotiate any minor variations with Talis Consultants.

3. Authorises the Chief Executive Officer to award and sign contract documentation on Council’s behalf up to the value of $865,000 ex GST for RFQ 19-72.

4. Approve an amendment to the 2019/20 budget up to a maximum of $440,000 ex GST.

5. Transfer $440,000 ex GST from Regional Resource Recovery Park Reserve BANK MUN to Account 101080010 New Refuse Site Exp - Op Exp - Regional Resource Recovery Park MUN.

6. Authorises the Chief Executive Officer to further negotiate and execute the In-Principle Agreement with Nyamba Buru Yawuru and facilitate all terms and conditions pursuant to the agreement in attachment 10.

(Absolute Majority Required)

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	Lot 560 561 Crab Creek Road (Under separate cover)
2.	Lot 590 McGuigan Road (Under separate cover)
3.	Lot 512 Broome Road, Skuthorpe (Under separate cover)
4.	Letter from NBY CEO (Under separate cover)
5.	Response to NBY CEO (Under separate cover)
6.	RRRP Payments and Projections Calculator REV B (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)
7.	D2 License Agreement (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)
8.	RFQ 19-72 Recommendation Report (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)
9.	Project Timeline (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)
10.	Draft RRRP In Principle Agreement SoB_NBY (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)

1.	Lettable Area Survey
2.	Lease renewal request Far North
3.	KRO outgoings audit 16/17
4.	KRO outgoings audit 17/18
5.	Shire of Broome - Kimberley Regional Offices Outgoings 30 June 2019
6.	Opteon Market Review (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”.