VISION OF COUNCIL
"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our natural and built environment."
AGENDA
FOR THE
Special Meeting of Council
17 March 2020
NOTICE OF MEETING
Dear Council Member,
The next Special Meeting of the Shire of Broome will be held on Tuesday, 17 March 2020 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5:00 PM for the purpose of considering:
● BROOME BOATING FACILITY REQUEST FOR ENDORSEMENT OF CONCEPT PLAN AND BROOME BOAT HARBOUR ADVISORY GROUP MEETING 6 MONTHLY UPDATE
Regards,
S MASTROLEMBO
Chief Executive Officer
13/03/2020
OUR MISSION
“To deliver affordable and quality Local Government services.”
CORE VALUES OF THE SHIRE
The core values that underpin the achievement of the
mission will be based on a strong customer service
focus and a positive attitude:
Communication |
Integrity |
Respect |
Innovation |
Transparency |
Courtesy |
DISCLAIMER
The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.
Persons should be aware that the provisions in section 5.25 of the Local Government Act 1995 establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.
Should you require this document in an alternative format please contact us.
Agenda – Special Meeting of Council 17 March 2020 Page 0 of 1
SHIRE OF BROOME
Special Meeting of Council
Tuesday 17 March 2020
INDEX – Agenda
3. Declarations of Financial Interest / Impartiality
5. Matters for Which the Meeting May Be Closed
8. Matters Behind Closed Doors
Agenda – Special Meeting of Council 17 March 2020 Page 0 of 1
Attendance:
Leave of Absence:
Apologies:
Officers:
Public Gallery:
Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.
Agenda – Special Meeting of Council 17 March 2020 Page 0 of 1
6.1 Oue People
There are no reports in this section.
Agenda – Special Meeting of Council 17 March 2020 Page 0 of 1
SUMMARY: This report seeks Council endorsement of the new concept plans for the proposed Broome Boating Facility (BBF) at Entrance Point. The report also seeks to provide Council with a six-monthly update on progress made by the Broome Boat Harbour Advisory Group and Council endorsement to change the group’s name to ‘Broome Boating Facility Advisory Group’.
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BACKGROUND
Previous Considerations
OMC 19 December 2013 Item 12.2
OMC 28 February 2019 Item 9.3.1
OMC 29 August 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. It should be acknowledged that the BBHAG considered several site options through a rigorous site selection process.
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 BBF would have a direct impact on 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.
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.
CARRIED UNANIMOUSLY 6/0 |
Following this resolution, conceptual engineering design for the coastal infrastructure and access roads was undertaken and the Broome Boating Facility Technical Advisory Group was established in March 2019. This group was made up of technical officers from DoT, Nyamba Buru Yawuru (NBY), Kimberley Port Authority (KPA) and the Shire of Broome and was established to review technical matters related to the BBF including investigation into the Kavite Road alignment and car parking design requirements. Consultation also occurred with the Yawuru Park Council Working Group.
A heritage survey was undertaken to understand heritage values surrounding the new site and ascertain any fatal flaws. 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 BBF until further engagement was undertaken.
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 BBF project. Preliminary concept options were tabled at the June 2019 BBHAG Meeting where WGA provided an overview of the concept development. Further concept drawings and artist impressions were tabled at the August 2019 BBHAG meeting. Concept design was originally due to be completed by the end of September and was proposed to be tabled for endorsement at the October 2019 BBHAG meeting. Detailed design was due to follow once a review of the car parking concept had been undertaken. Based on the extended time elapsing through the engagement with the NBY Heritage Advisory Group and further to necessary site visits and mapping processes, this did not take place and the design engineering team was placed on hold.
Environmental consultants Teal Solutions and O2 Marine were engaged in May 2019 to provide technical environmental advice for the project. Coastal processes studies and sediment mapping were undertaken to understand environmental impacts and maintenance obligations of the design concept. At this time, no fatal flaws were found in regard to environmental and coastal process studies. This body of work will form part of a future EPA referral document. At the OMC held 29 August 2019, Council was provided with a 6 monthly update outlining many of the aforementioned points and resolved the following:
COUNCIL RESOLUTION: Moved: Cr C Marriot 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 |
This report provides a further 6 monthly update for Council.
COMMENT
This report seeks to provide Council with an outline on the progress of the BBF and matters that have been tabled with the BBHAG over the past 6-month period. Since the 29 August 2019 OMC update, there have been two BBHAG meetings held:
· 19 December 2019 (Minutes – Attachment 1)
Key Outcomes:
o Endorsed changing the location of the concept designs for the BBF to the existing Entrance Point boat ramp location.
· 24 February 2020 (Minutes – Attachment 2)
Key Outcomes:
o Following the NBY Board meeting endorsed the new location of the BBF to the existing Entrance Point boat ramp location.
o Endorsed changing the name of the Broome Boat Harbour Advisory Group (BBHAG) to Broome Boating Facility Advisory Group (BBFAG) to avoid confusion.
o SoB and DoT to continue to work closely with the DCMG to refine the BBF designs to minimise the impact on the dinosaur trackways as much as possible.
Progress over the last six months has been summarised within the following subheadings below.
MOLA Mapping
In November 2019 NBY were engaged by the SoB and DoT to undertake a MOLA (Multi Objective Land Allocation) mapping report. The mapping process used is called MOLA and is essentially a multi criteria analysis that uses numerous spatial (GIS) datasets including heritage, environmental, engineering and tenure to analyse the impact of the project footprint.
The output of this process is a ‘heat map’ that highlights areas of high sensitivity that should ideally be avoided and the information is used to inform the design process. This process aimed to assist the Yawuru community in deciding on heritage approvals for the BBF.
On the 2 December 2019 NBY and Senior Yawuru Knowledge Holders performed a site walkover, which was attended by Councillor Rudeforth and the Chief Executive Officer.
The MOLA map was used to inform a facilitated design review workshop held 18 December 2019. Attendees included Yawuru Elders, NBY staff, DoT and Shire of Broome President and Chief Executive Officer. A full copy of this report can be found in Confidential Attachment 3.
The MOLA mapping exercise identified environmental and cultural sensitives at the original Entrance Point location (closer to the new KMSB site). During this meeting, initial findings from the site walk were discussed, site concerns and considerations were debated, and the group workshopped alternate location options for the BBF. The MOLA map report proposed a new BBF location at Entrance Point (location of the existing boat ramp). An outcome from this meeting was recommending to the BBHAG that the concept designs for the BBF be moved to the existing boat ramp at Entrance Point.
The new proposed BBF location at Entrance Point (site of the existing boat ramp) were then presented to the BBHAG on the 19 December for endorsement. Following this meeting DoT agreed to remodel the concept designs for the new proposed location.
Revised Concept Designs for Entrance Point were then prepared by DoT and presented to the NBY Board meeting for endorsement on the 20 February 2020. The new BBF concept for Entrance Point was endorsed subsequently by the NBY Board.
It is noted that the alignment for the access road is yet to be finalised, however the SoB is continuing to work with NBY representatives and Kimberley Port Authority (KPA) to determine alignment options.
The new location for the BBF at Entrance Point (existing boat ramp) was endorsed by the BBHAG on the 24 February 2020 and now Council is requested to do the same for the purpose of commencing further community consultation.
NBY have requested interpretation opportunities are considered in the detailed design phase of the project, allowing important environmental and cultural areas to be recognised.
Engineering Design
Consultants WGA and Baird were on hold until December 2019 waiting for agreement on a location for the BBF. A revised concept design following the MOLA process was competed by DoT engineers on 16 January 2020 for Entrance Point.
The Entrance Point location improves the functionality of the boat ramp from the previous location with the toe of the ramp being in deeper water and closer to the shore. The new concept plan also meets Australian Standards for Car / Boat Trailer Parking with 160 bays.
Baird have been re-commissioned by DoT to undertake further coastal modelling of the new concept with regards to waves, currents and sand movements.
The new concept plan is currently being tested with computer modelling for coastal processes. There is likely to be further refinement of the concept as an outcome of the modelling.
DoT are committed to refining the BBF designs to minimise impact on Dinosaur Trackways in the area and SoB officers continue to work with the DCMG.
Business Case
DoT are currently working on consultancy scope for the development of a Business Case to assist with securing capital funding for the project.
If recommendations in this report are endorsed by the Council, SoB Officers will commence with Community Consultation as outlined below. Information collected in the community consultation process will be used to inform the Business Case and potentially influence design changes.
Consultation
To date there has been formal consultation on the BBF 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. Discussions are continuing and the designs will continue to be refined as the project progresses.
The Shire of Broome has agreed to lead the community consultation process for the BBF at the February OMC 2019. Once complete this information will be used to inform the Business Case. The Community Engagement Plan Attachment 4 has previously been endorsed by the BBHAG and Council at the OMC February 2019. This Community Engagement Plan details the intent of the consultation for the project i.e. Inform, consult, involve, collaborate and the projects key stakeholders.
The table below provides an update and timeline for community engagement associated with the BBF project.
The community consultation period will be open for 4 weeks and request interested community members to complete a short survey.
Please note these dates may be subject to change.
Survey seeking community support for the project |
· Open from 18 March 2020 – 16 April 2020 (4 weeks). · Questions below
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Website |
· Website www.broomeboatingfacility.com.au · Website will be included on the home page of the SoB website · This will include images of the boat facility, project background, Frequently Asked Questions etc. |
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Community Information Sessions |
· Broome Fishing Club 27 March 2020 5.00pm – 7.00pm · Broome Boulevard 28 March 2020 10.00am – 12.00pm. The Community Information Sessions will be manned by staff from the Shire of Broome and Department of Transport. NBY representative have also been invited. |
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Community Information Displays
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18 March 2020 – 16 April 2020 · Broome Fishing Club · Broome Boulevard · Paspaley Plaza · NBY Offices · DoT Broome Office · Tackle World · BRAC · Library · Shire Offices Please note hard copies of the Survey will be available at the Community Information Displays. |
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Media Release |
Directing the community to the Shire of Broome website and Survey |
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Targeting Key Stakeholder Email |
Directing the community to the Shire of Broome website and Survey |
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Social Media Posts |
Directing the community to the Shire of Broome website and Survey |
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Shire News in the Broome Advertiser |
Directing the community to the Shire of Broome website and Survey |
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SoB Newsletter |
Directing the community to the Shire of Broome website and Survey |
STATUTORY ENVIRONMENT
Local Government Act 1995
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The development of the Business Case for BBF 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. |
Possible impacts to dinosaur trackways |
Environmental Reputational |
High |
Adjust design to minimise impacts where possible. Continue to work closely with the DCMG. Explore interpretation opportunities. |
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
That Council: 1. Endorses the new concept for the Broome Boating Facility at the revised Entrance Point location as found in Attachment 5; 2. Endorse changing the name of the existing Broome Boat Harbour Advisory Group to Broome Boat Facility Advisory Group; 3. Receives and endorses the minutes of the Broome Boat Harbour Advisory Group as found in Attachment 1 and Attachment 2; 4. Note the community consultation process as outlined in this report. |
REVISED REPORT RECOMMENDATION:* That Council: 1. Endorses the new concept for the Broome Boating Facility at the revised Entrance Point location as found in Attachment 5 for the purposes of commencing broader community consultation; 2. Endorse changing the name of the existing Broome Boat Harbour Advisory Group to Broome Boating Facility Advisory Group; 3. Receives and endorses the minutes of the Broome Boat Harbour Advisory Group as found in Attachment 1 and Attachment 2; 4. Note the community consultation process as outlined in this report; and 5. Requests the Chief Executive Officer to present any community submissions received through the consultation period in addition to the final concepts of the Broome Boating Facility to Council for formal consideration of endorsement |
*Revised and circulated to Councillors on 17 March 2020.
Minutes Broome Boating Harbour Advisory Group December 2019 |
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Minutes Broome Boat Harbour Advisory Group February 2020 |
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Broome Boating Facility Multi-Criteria Spatial Analysis 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)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
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Broome Boating Facility Community Engagement Plan |
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Broome Boating Facility Entrance Point Concept Plan |
Item 6.3.1 - BROOME BOATING FACILITY REQUEST FOR ENDORSEMENT OF CONCEPT PLAN AND BROOME BOAT HARBOUR ADVISORY GROUP MEETING 6 MONTHLY UPDATE |
Item 6.3.1 - BROOME BOATING FACILITY REQUEST FOR ENDORSEMENT OF CONCEPT PLAN AND BROOME BOAT HARBOUR ADVISORY GROUP MEETING 6 MONTHLY UPDATE |
Item 6.3.1 - BROOME BOATING FACILITY REQUEST FOR ENDORSEMENT OF CONCEPT PLAN AND BROOME BOAT HARBOUR ADVISORY GROUP MEETING 6 MONTHLY UPDATE |
Item 6.3.1 - BROOME BOATING FACILITY REQUEST FOR ENDORSEMENT OF CONCEPT PLAN AND BROOME BOAT HARBOUR ADVISORY GROUP MEETING 6 MONTHLY UPDATE |