NOTICE OF MEETING
Dear Council Member,
The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 25 June 2020 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5:00 PM.
Due to the current COVID-19 restrictions on public gatherings, the total number of people allowed in the Council Chambers is limited. Admission preference will be given to people attending to speak on behalf of a deputation or to ask a public question.
Public questions should be submitted by 12 noon on the day of the Council meeting. To have your question responded to at the Council meeting you must be present and read your question. If you cannot be in attendance the question will be processed administratively.
Regards,
James Watt
J Watt
Acting Chief Executive Officer
24/06/2020
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.
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
Cr H Tracey |
Cr D Male |
Cr E Foy |
Cr P Matsumoto |
Cr C Mitchell |
Cr B Rudeforth |
Cr M Fairborn |
Cr W Fryer |
Cr C Marriott |
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27 June |
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25 July |
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29 August |
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26 September |
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2019 |
17 October |
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Post 2019 Local Government Elections |
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Councillor |
Cr H Tracey |
Cr D Male |
Cr E Foy |
Cr P Matsumoto |
Cr C Mitchell |
Cr B Rudeforth |
Cr P Taylor |
Cr N Wevers |
Cr F West |
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2019 |
21 November |
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LOA |
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2019 |
12 December |
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2020 |
27 February |
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2020 |
26 March |
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2020 |
30 April |
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2020 |
28 May |
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2020 |
25 June |
LOA |
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· LOA (Leave of Absence) |
· NA (Non Attendance) |
· A (Apologies) |
· R (Resignation) |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SHIRE OF BROOME
Ordinary Meeting of Council
Thursday 25 June 2020
INDEX – Minutes
1. Official Opening and Attendance
2. Declarations Of Financial Interest / Impartiality
4. Applications for Leave of Absence
6. Announcements By President Without Discussion
8. Matters For Which The Meeting May Be Closed
9.1.1 PETITION - REQUEST FOR POSSIBLE INSTALLATION OF LIFESAVING RINGS AT GANTHEAUME POINT, BROOME.
9.1.3 CHINATOWN TOWN TEAM MEMBERSHIP
9.2.1 PROJECT UPDATE BROOME BOATING FACILITY
9.2.2 TOWN BEACH GEOTECHNICAL INVESTIGATION AND COASTAL ADAPTATION OPTIONS ASSESSMENT
9.2.4 CHINATOWN REVITALISATION PROJECT STAGE 2 UPDATE.
9.3.1 COVID-19 COMMUNITY SUPPORT GRANTS PROGRAM
9.3.2 ADOPTION OF 2020-21 ANNUAL BUDGET
9.4.1 NEW POLICY - ELECTED MEMBER CONTINUING PROFESSIONAL DEVELOPMENT
9.4.2 PERIODIC REVIEW OF LOCAL LAWS - PUBLIC SUBMISSION CONSIDERATION
9.4.3 SHIRE OF BROOME MEETING PROCEDURES LOCAL LAW 2020
9.4.4 MONTHLY PAYMENT LISTING - MAY 2020
9.4.5 MONTHLY STATEMENT OF FINANCIAL ACTIVITY MAY 2020
10.1 YAWURU PARK COUNCIL MEETING MINUTES 20 MAY 2020
10.3 BUSH FIRE ADVISORY COMMITTEE MINUTES 11 MARCH 2020
12. Business of an Urgent Nature
13. Questions By Members Of Which Due Notice Has Been Given
14. Matters Behind Closed Doors
9.1.2 OBJECTION TO THE RATE RECORD - BROOME ABORIGINAL SHORT STAY ACCOMODATION FACILITY
HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 25 June 2020, COMMENCING AT 5:00 PM.
The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5:02pm.
ATTENDANCE |
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Councillors: |
Cr D Male |
Deputy Shire President |
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Cr E Foy |
(Entered at 5:04 pm) |
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Cr P Matsumoto |
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Cr C Mitchell (JP) |
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Cr B Rudeforth |
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Cr P Taylor |
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Cr F West |
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Cr N Wevers |
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Apologies: |
Cr H Tracey |
Shire President (Leave of Absence approved at Item 4.) |
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Leave of Absence: |
Nil |
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Officers: |
Mr J Watt |
Acting Chief Executive Officer |
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Mr N Cain |
Director Development and Community |
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Mr A Graffen |
Director Infrastructure |
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Mr A Santiago |
Acting Director Corporate Services |
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Mr D Kennedy |
Manager Governance, Strategy and Risk |
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Ms L Levi |
Senior Administration and Governance Officer |
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Ms N Roukens |
Special Projects Coordinator |
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Media: |
Jakeb Waddell |
Broome Advertiser |
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Erin Parke |
ABC |
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Public Gallery: |
Marissa Murphy |
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Michelle Teoh |
DCMG |
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Andrew Chambers |
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Brendan Renkin |
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Maxine Chi |
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The Chairperson advised that an urgent business item circulated to Councillors prior to the meeting had subsequently been withdrawn by officers.
INDIRECT FINANCIAL INTEREST |
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Councillor |
Item No |
Item |
Nature of Interest |
Cr C Mitchell |
9.3.1 |
COVID-19 Community Support Grants Program |
“I am a co-ordinator at Nature Animal Rescue Broome (NARB).” |
IMPARTIALITY INTEREST |
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Councillor |
Item No |
Item |
Nature of Interest |
Cr F West |
9.2.1 |
Project Update Broome Boating Facility |
“I’m Vice Chair of the Roebuck Buck Bay Working Group.” |
Cr F West |
9.2.2 |
Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment |
“I’m Vice Chair of the Roebuck Buck Bay Working Group.” |
Public Question Time opened at 5:04 pm.
Cr E Foy entered the Chambers at 5:04pm.
Public Questions were received from Andrew Chambers prior to the meeting:
Question One (1)
Item 9.2.1 - Further to the response received from the last OCM in May, I am questioning the current plans for public consultation on the proposed Boat Launch Facility at Entrance Point. The Public Consultation has "Information Sessions" (Meet n Greets) being hosted by the Broome Fishing Club and it will be assumed that this will be a ringing affirmation of the plan. What efforts are you making to engage in a similar forum with the rest of the non boat owning, non fishing users of the point? There's growing numbers on the petition against the current proposal with many of Broome's traditional families appearing among that number. What are you doing to engage the constitute?
Response provided by the Acting Chief Executive Officer:
Thanks for the question Andrew.
The process and timeline for the Community Consultation associated with the Broome Boating Facility was presented for endorsement at a Special Council Meeting held on 17 March 2020.
The consultation plan included a Community Information Session at the Broome Fishing Club and Broome Boulevard. It was planned as an informal session that would be manned by Shire officers and officers from the Department of Transport. Our intention was to provide an opportunity for members of the public to ask questions on parts of the project they may like more information on. The Broome Fishing Club was chosen due to its proximity to the proposed site. Unfortunately, neither session was able to proceed as planned due to the COIVD-19 State of Emergency restrictions.
As part of the community consultation process a website was built for the Broome Boating Facility, www.broomeboatingfacility.com.au. The website includes a Frequently Asked Questions section, with extensive information on the project.
As per the CEO’s response at last month’s meeting the public consultation period for the Broome Boating Facility was open from 18 March 2020 through to 16 April 2020. 1221 responses were received during this time with 72.4% of the respondents being supportive or highly supportive of the project. The response rate is one of the highest survey response rates the Shire has experienced in several years.
Question Two (2)
Item 9.2.3 LPS - Table 2 Stakeholder Analysis - This makes interesting reading as to the perceptions of where the real power lies in Broome. Why do the residents and residential land owners rate as High Interest, Impact and Influence, where the elected members, our Councillors, are only perceived to have a medium Influence and Impact? Does the Administration/Consultants understand the relationship that is supposedly inherent between the electors and their representatives, the Councillors, and that there should be a direct correlation between these ratings unless there are impediments or arrangements the electors are unaware of. Why are the stakeholder ratings different?
Answer provided by the Director of Community Development:
Thank you for your question and input, it is encouraging to see early interest in the project.
The Community Engagement Plan ‘Summary Analysis of Stakeholders’ has been put together based on an understanding of stakeholder interest more generally experienced for engagement of this type, and specifically in relation to the “Engagement” phase of the project. Interpretation of consultation outcomes and development of Scheme and Strategy text is the stage of the project most influenced by Elected Members as, at the end of the day, it is the Council’s document.
The Community Engagement Plan sets out a framework and certainly does not assume each stakeholder group is fixed throughout the process based on the preliminary assessment. This is noted in the Plan, specifically, “Table 2 provides the summary stakeholder analysis, whilst a more detailed stakeholder database will be developed throughout the process. The detailed stakeholder database will be subject to constant refinement during this project.” The Plan is flexible, and the engagement methods are designed to ensure stakeholder interests are captured regardless of how the preliminary assessment has been measured.
Once again, thank you for your interest in the project and it is certainly hoped you can participate once consultation is underway by sharing the information through your networks.
Question Three (3)
Kimberley Marine Support/Supply Base Pty Ltd - Can the Administration of the Shire please explain why there is no information on this development available to the ratepayers and Shire Councillors despite there being a very public announcement last week, by the Managing Director, Andrew Natta on ABC radio, that the project will commence in 2021? They are listed as a major stakeholders in the considerations for the Safe Boating Facility but there seems to be no reciprocal open or public accountability.
Response provided by the Acting Chief Executive Officer:
The Kimberley Marine Supply Base and Broome Boating Facility are separate projects.
The KMSB proposal is a privately funded, commercial project and as such the involvement of the Shire is limited. Kimberley Marine Supply Base are leasing land from the Kimberley Port Authority.
Kimberley Marine Supply Base provided brief project updates to the Shire of Broome Councillors and the Broome Boating Facility Advisory Group (formally Broome Boat Harbour Advisory Group) some months ago. At the time detail was limited and did not extend past the information that has been released by KMSB publicly.
KMSB are listed as a primary stakeholder in the Community Engagement Plan due to the potential proximity of the facilities.
Brendan Renkin asked the following public questions.
Question One (1)
Given that the proposed lease for the Roebuck Bay Caravan Park is 21 years, why did the Shire ask consultants to set the lease period from 2020 to 2040?
Response provided by the Acting Chief Executive Officer:
The current provisions allow for a maximum lease period of 21 years and although the Shire will be requesting a further 21 year lease it is unknown at this stage if such a request would be approved.
The 20 year period aligned with the proposed lease term and also aligned with the “2040 Planning Period Allowance” contained in the CHRMAP.
Question Two (2)
Has the Chinatown revitalisation work benefited land owners and business owners in town? And do we have a plan to measure these benefits?
The Chairperson took the question on notice.
Public Question Time closed at 5:13 pm.
(Report Recommendation) Minute No. C/0620/001 Moved: Cr C Mitchell (JP) Seconded: Cr N Wevers That Council, grant Cr H Tracey a Leave of Absence from Councillor duties inclusive of 25 June 2020 through to 01 August 2020. |
The Chairperson advised that an amendment had been made to the Public Question section of the Minutes from Ordinary Meeting of Council, 28 May2020.
(Report Recommendation) Minute No. C/0620/002 Moved: Cr C Mitchell (JP) Seconded: Cr P Matsumoto That the Minutes of the Ordinary Meeting of Council held on 28 May 2020, as published and circulated, noting an administrative amendment on page 15 and 16 since circulation of the unconfirmed minutes, be confirmed as a true and accurate record of that meeting. |
Reason: A question that was received and processed administratively was omitted in error. This amendment was circulated to Councillors prior to the meeting and re-published to the Shire website.
Nil.
The Chairperson advised that a petition requesting the possible installation of Lifesaving Rings at Gantheaume Point, Broome, was presented at the 28 May 2020 Ordinary Meeting of Council. A report on the petition is presented at item 9.1.1.
The Acting Chief Executive Officer advised Council 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.
(Report Recommendation) Minute No. C/0620/003 Moved: Cr E Foy Seconded: Cr C Mitchell (JP) That the following Agenda item be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified: 9.1.2 OBJECTION TO THE RATE RECORD - BROOME ABORIGINAL SHORT STAY ACCOMODATION FACILITY Item 9.1.2 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”. |
9.1 Our People
SUMMARY: A petition requesting possible installation of Lifesaving Rings at Gantheaume Point, Broome, was presented at the May 2020 Ordinary Meeting of Council. The petition was lodged following the death of a young woman who was swept off the rocks and could not be resuscitated. The officer recommendation is for Council to, in response to the petition, endorse the Chief Executive Officer to further explore the installation of Lifesaving Rings at the North and West cliff edges of Gantheaume Point, Broome and table the petition with the Yawuru Park Council for consideration. |
BACKGROUND
On 14 March 2020, two young women were swept from rocks at Gantheaume Point, Broome.
Although both women were pulled from the ocean, one of the women was unable to be resuscitated.
A petition was presented by Councillor Wevers, on behalf of Jack Castellarin, to the May 2020 Ordinary Meeting of Council with the following preamble:
“We the Residents and Electors of Broome request the Shire of Broome look intently into the option of installing lifesaving rings at the two very popular swimming and bathing spots of the North and West cliff edges of Gantheaume Point.”
The following reasons were cited in support of the petition:
“On the 14th March this year Broome resident Rebecca Neufeld lost her life when she was swept into the water at the swimming and jumping rockpools at Gantheaume Point. Swimming and jumping at the rockpools has been a popular pastime for the young people of Broome for as long as we can remember, and sadly this has not been the first time that someone has found themselves in a dangerous position on this section of the coast.
Liferings are currently installed at 76 dangerous coastal locations around WA through the Recfishwest Angel Rings program. We the Broome residents implore the Broome Council to learn from Bec’s passing and install these vital lifesaving devices at these popular swimming spots so a tragedy like this never happens again.”
COMMENT
The purpose of this Agenda Item is to consider the request articulated within the petition to explore the potential installation of Life Saving Rings at the North and West cliff edges of Gantheaume Point, Broome.
Angel Rings
The petition refers to Lifesaving Rings being installed as part of the Recfishwest Angel Rings program.
Angel Rings are life buoys designed to keep someone afloat and away from rocks until help arrives or a rescue can be organised.
The Angel Ring is stored on a bracket provided by Recfishwest and either bolted to a rock using epoxy set stainless bolts or stainless threaded rods or set in 40kg of rapid-set concrete in natural fissures and capped with local stone, with all recommended pole designs and sizing specifications provided by Recfishwest.
Recfishwest are the peak body for Recreational Fishing in WA, representing the interests of more than 750,000 fishers.
The organisation is funded by the State Government to implement the Western Australian Fishing Safety Program by working with key government departments, volunteer organisations and stakeholder groups focused on aquatic environment, recreation and safety.
The Fishing Safety Program involves public awareness campaigns, education, communications, developing and supporting fishing safety ambassadors, being a low-cost supplier of high-quality safety equipment and installation of safety equipment and infrastructure across the state.
Recfishwest provide Angel Rings, brackets and signage detailing appropriate use of the Angel Rings as part of the funding allocation from the State Government as part of the WA State-wide Safe Fishing Strategy.
All other costs are to be negotiated by relevant land owners and may include install, labour costs and maintenance costs.
The officer recommendation is for Council to, in response to the petition, endorse the Chief Executive Officer to further explore the installation of Lifesaving Rings at the North and West cliff edges of Gantheaume Point, Broome.
CONSULTATION
The land referred to in the petition is jointly vested between the Shire of Broome and Yawuru Native Title Holders Aboriginal Corporation RNTBC (the Yawuru Prescribed Body Corporate) and managed by the Department of Biodiversity, Conservation and Attractions in accordance with the Management Agreement as part of the Yawuru Prescribed Body Corporate Indigenous Land Use Agreement.
Shire officers are required to consult with Yawuru Park Council, Nyamba Buru Yawuru and Department of Biodiversity, Conservation and Attractions, in the first instance, prior to proceeding with any exploration of installation at the subject location.
An installation of this type will require approval through the Yawuru Park Council, of which Shire representatives are voting members.
Recfishwest will also be consulted.
It is important to note the objective of the Angel Rings Program is to:
· provide devices to assist in the prevention of drowning at key fishing locations; and
· promote greater awareness of the dangers associated with rock fishing.
The site, and purpose, identified in the petition may not meet the relevant criteria of either of the consultees.
STATUTORY ENVIRONMENT
The Shire of Broome Standing Orders Local Law 2003 require a petition of this nature, in order to be effective, to –
· Be addressed to the President of the Shire of Broome;
· Be made by residents and / or electors of the district;
· State the request on each page of the petition;
· Contain the names, addresses and signatures of the residents and / or electors making the request, and the date each resident and / or elector signed;
· Contain a summary of the reasons for the request; and
· State the name of the person upon whom, and an address at which, notice to the petitioners can be given.
It is incumbent on the member of Council presenting the petition to be familiar with the nature and contents of the petition, and to ascertain it is in the form prescribed above.
The submitted petition:
· Is addressed to the President of the Shire of Broome;
· Has largely been made by residents and / or electors of the district (some ineligibility has occurred);
· Does not state the request on each page of the petition;
· Has provision to state the names, addresses and signatures of the residents and / or electors making the request, and the date each resident and / or elector signed, not all petitioners have completed the petition appropriately;
· Contains a summary of the reasons for the request; and
· States the name of the person upon whom, and an address at which, notice to the petitioners can be given.
A total of 718 eligible petitioners appeared on the documentation submitted, with over 1,200 in total.
Petitioners were deemed ineligible for several reasons including:
· Not residents and / or electors of the district;
· Illegible entries;
· Incorrect / incomplete entries; and
· Not all the submitted pages contain the request.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The officer recommendation, as presented, incurs research time as the only cost to the Shire.
Following further exploration, and any Council decision to proceed with, or along the lines of, the petition, additional costs will be incurred.
Determination of these costs will be presented to Council for consideration.
RISK
Very little risk is involved with the officer recommendation as the purpose of the item seeks only endorsement to explore the possibility of installation of Life Saving Rings, and not the actual installation.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/004 Moved: Cr F West Seconded: Cr N Wevers That Council: 1. Accepts submission of the petition presented at the May 2020 Ordinary Meeting of Council requesting the possible installation of Lifesaving Rings at Gantheaume Point, Broome, as per the Shire of Broome Standing Orders Local Law 2003. 2. Requests the Chief Executive Officer to further explore the possibility of installation of Lifesaving Rings at the North and West cliff edges of Gantheaume Point, Broome. 3. Noting the tenure of the land, requests the Chief Executive Officer to table the contents of the petition at the August 2020 meeting of the Yawuru Park Council, for consideration. 4. Requests the Chief Executive Officer report on progress of the petition through the Yawuru Park Council meeting minutes as tabled with Council. |
Nil.
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: This report provides an update on the Shire initiated Chinatown Town Team initiative and closes the loop on the Shire-led Expression of Interest process, which commenced in line with a previous Council resolution. The Officer Recommendation is for Council to endorse the current structure and membership of the Chinatown Town Team, and endorse the role of the Broome Chamber of Commerce and Industry in the coordination of the Chinatown Town Team. |
BACKGROUND
Previous Considerations
OMC 28 March 2019 Item 9.2.1
At the March 2019 Ordinary Meeting of Council, Council resolved to adopt the Chinatown Place Management Plan and request the Chief Executive Officer to seek Expressions of Interest (EOI) for community and stakeholder representation on Team Chinatown.
The Chinatown Place Management Plan (the Plan) outlines the purpose of a Town Team and recognises the benefits to the Chinatown precinct from having a dedicated volunteer group to drive activation.
The Plan also outlines it is important for any Town Team committee to have a broad range of representatives on the panel including community and stakeholders who have skills, interest and capacity to be involved.
As a result, the Shire initiated the process of establishing the Chinatown Town Team (CTT).
The Shire subsequently commenced an EOI process in April 2019. This EOI process was open for all members of the public and lead to several submissions from members of the Broome community, including some Chinatown traders wishing to be involved in the CTT.
Officers met with the group and provided further information regarding options to formalise a structure to move forward, including the application and expenditure of funds set aside by the Shire to seed activation initiatives.
On 18 July 2019, a meeting of 31 Chinatown traders and business owners was coordinated by the Broome Chamber of Commerce and Industry.
At this time, the group agreed to take ownership for the activation of the Chinatown precinct and, after discussions with Shire officers, communication was provided to the original group updating them of the change in direction.
An initial steering group of 11 participants was formed following a further meeting on 25 August 2019, at which the group determined to take on the role as an independent dedicated Chinatown Town Team supported by the Broome Chamber of Commerce and Industry (BCCI).
On 13 August 2019, the Shire President, Chief Executive Officer and CTT representatives reached a shared agreement regarding the general community representation being a critical requirement of the group’s membership composition.
On 16 August 2019, submissions from the previous Shire-led EOI process were provided to the BCCI to be included in the new CTT model.
On 12 November 2019, the Shire President, Deputy President and Chief Executive Officer of the Shire met with the BCCI Chief Executive Officer and reiterated the Shire’s expectation of community representation as part of the CTT.
Various meetings and correspondence have occurred since, leading to the CTT playing a key role, alongside the Shire, in gaining trader participation in the successful 2019 Chinatown Christmas Trails event.
COMMENT
Since the inception of the CTT under the leadership of BCCI, the group has had several meetings, which Shire officers attended. Discussions about the scope of CTT work took place at these meetings.
Several preliminary activation concepts were informally presented by the CTT to the Shire as a way of demonstrating their place making ideas and intentions for the activation of Chinatown. These included:
· Cool Fashion Weekend in conjunction with Shinju Matsuri Festival
· Broome Chinatown Art and Sound Festival
· Chinatown Carnival Dance Party
· Broome Art and Vintage Market
· Busker stations
· Maj Hong lessons and game sessions
The CTT has also been reviewing the implementation of Way Finding Signage and has also expressed an interest in collaborating with the Shire on the development of the Chinatown Mobile Application Device.
In order to meet the Shire’s expectations of community representation on the CTT committee, an additional advertising process was undertaken by BCCI to seek interested members of the public to apply and be included on the CTT panel.
The EOI was advertised on social media channels from 7 March 2020 and closed 11 March 2020.
This resulted in two (2) community representatives being appointed to the CTT.
As pointed out by the group, it is noted traders taking part in the committee are also community members residing in Broome so provide a ‘dual’ perspective.
As a result of the process, the current CTT committee consists of the following members:
1. Elaine Jolliffe – Broome Chamber of Commerce and Industry (carries out the role of ensuring governance is adhered to under the BCCI Constitution)
2. Peter Taylor – Bizspace
3. David Galwey – Galwey Pearls
4. Cori Fong – Betty’s Frock Shop
5. Marisa Ferraz – Sun Pictures
6. Peter Coppin – Roebuck Bay Hotel
7. Tony Molloy – Betta Home Living
8. Tamyla Strahan – Paspaley Plaza
9. Anthony Simmons – Short Street Gallery
10. James Down – Broome Gallery
11. Andrew Chambers – Sun Pictures/Community Representative
12. Jane Wendland – The Aarli
13. Melanie Virgo – Broome Visitor Centre
14. Carlee Ryan – General Community Representative
15. Clancy McDowell - General Community Representative
16. Angela Depp – Broome Chinese Community
Following a return to pre-COVID-19 trade within the precinct, the CTT will commence to formalise their activations plan and seek funding from the Shire.
Shire Officers request Council to endorse the new CTT model under the BCCI leadership and its complete membership composition including stakeholders and community representatives.
CONSULTATION
Chinatown Town Team
Broome Chamber of Commerce and Industry
Chinatown Revitalisation Steering Committee
STATUTORY ENVIRONMENT
Nil
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
There are no financial implications associated with the Officer Recommendation.
For general information, the seed funding for the CTT is included with the Chinatown Revitalisation Project Stage 2 (CRP2) budget as part of the CPAC allocation under the Financial Assistance Agreement.
An amount of $20,000 was initially set aside for the 2019-2020 financial year. As there has been no formal requests for this funding from the CTT (due to the delay in reaching an agreed membership and also because of the impact of COVID-19), it has been noted these funds will not be spent in the allocated financial year, thus the Shire has requested the CRP2 Steering Committee to re-allocate the amount to the CRP2 Construction funding pool.
A further $30,000 has been allocated for the CTT activation initiatives in the 2020-2021 financial year. A formal request for funding is required from the CTT for the Shire to review and consider the funding dispersal to the group.
RISK
The Shire expected the CTT to have general community representatives on its panel with a key objective being to ensure place making initiatives are informed by a non-biased, independent community perspective with the aim of creating a balanced approach to precinct activation.
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
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/005 Moved: Cr F West Seconded: Cr P Matsumoto That Council: 1. Acknowledges the Broome Chamber of Commerce and Industry has taken on the coordination role for the Chinatown Town Team. 2. Endorses the current membership of the Chinatown Town Team as: i) Elaine Jolliffe – Broome Chamber of Commerce and Industry (carries out the role of ensuring governance is adhered to under the BCCI Constitution) ii) Peter Taylor – Bizspace iii) David Galwey – Galwey Pearls iv) Cori Fong – Betty’s Frock Shop v) Marisa Ferraz – Sun Pictures vi) Peter Coppin – Roebuck Bay Hotel vii) Tony Molloy – Betta Home Living viii) Tamyla Strahan – Paspaley Plaza ix) Anthony Simmons – Short Street Gallery x) James Down – Broome Gallery xi) Andrew Chambers – Sun Pictures / community member xii) Chelsea Stewart- Allure Pearls xiii) Jane Wendland – The Aarli xiv) Melanie Virgo – Broome Visitor Centre xv) Carlee Ryan – General Community representative xvi) Clancy McDowell - General Community representative xvii)Angela Depp – Broome Chinese Community |
Cr F West declared an Impartiality Interest in Item 9.2.1, the reason being “I’m Vice Chair of the Roebuck Bay Working Group”. Cr F West declared that she will consider the matter on its merits and vote accordingly.
SUMMARY: This report provides Council with an update on the proposed Broome Boating Facility (BBF) and a high-level overview of the community survey results. A detailed community survey report and refined concept plans for the BBF will be presented to the August 2020 OMC for Council consideration. |
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
SMC 17 March 2020 Item 6.3.1
At the Special Council Meeting on the 17 March 2020 Council resolved:
COUNCIL RESOLUTION: Moved: Cr B Rudeforth Seconded: Cr H Tracey 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.
CARRIED UNANIMOUSLY 8/0 |
Following this resolution Shire Officers commenced BBF Community Consultation including:
Website and Survey |
Launching of the BBF website and survey www.broomeboatingfacility.com.au
This website was created specifically for the BBF project. The website included detailed information, concept images, project background and frequently asked questions.
Open from 18 March – 16 April 2020
|
Community Information Displays |
· Shire Administration Office · BRAC · Library · Broome Boulevard · Broome Fishing Club · Department of Transport (Broome Office) · Tackle World · Kimberley Outback and Camping Supplies · NBY Offices
These displays directed community members to the website to complete the survey.
Unfortunately, a number of these locations were closed during the consultation period due to COVID-19 restrictions. |
Community Information Sessions |
Unfortunately, these could not proceed due to COVID-19 restrictions.
Additional information was included on the Shire of Broome’s social media accounts in response to the cancellations (please refer to Social Media overview below). |
Shire of Broome E-Newsletter |
Information on the project and survey included in the Shire of Broome E-Newsletter · 25 March 2020 – encouraging completion of the survey · 18 May 2020 – publication of the survey results |
Media Release |
Information on the project and survey · 18 March 2020 – encouraging completion of the survey · 26 April 2020 – publication of the survey results |
Broome Advertiser |
· 26 March 2020 – encouraging completion of the survey · 7 May 2020 – publication of the survey results |
Social Media |
· 18 March 2020 – Advertising opening of Community Survey · 25 March 2020 – Requesting questions from the community · 30 March 2020 – Video Interview with Harold Tracey, Shire President · 12 April 2020 – Video Interview with Wes Franks, President Broome Fishing Club · 15 April 2020 – Reminder to complete the Survey post · 26 April 2020 – Post Survey Post, overview of results |
Community survey results will be used to inform and refine the BBF concept designs and Business Case.
COMMENT
Community Survey Results
The table below provides a high-level overview of the community survey results.
1221 Responses |
|
Questions |
|
1. Please rate your supportive for the proposed Broome Boating Facility? |
· Not supportive – 23.51% · Neutral – 2.29% · Supportive – 6.80% · Highly Supportive – 67.40%
|
2. Do you own a boat or regularly go boating? |
· Yes – 84.11% · No – 15.89%
|
3. Do you want to provide any comments or suggestions on the proposed concept design below? |
· 936 provided a written response or wrote ‘No’ · 285 skipped the question
|
The 1221 responses received exceeded expectations and is one of the highest community survey response rates for the Shire of Broome (SoB).
Shire officer’s and the Department of Transport (DoT) have been collating the 936 written survey responses into key themes. Detailed responses are being prepared for each of the key themes. A full report is currently being prepared considering all responses received. DOT is concurrently refining the design of the BBF in response to the submissions received.
This report will be presented to the Broome Boating Facility Advisory Group (BBFAG) for consideration. It will then be presented to Council for consideration. Shire officers and the DoT are working to present the community survey results and refined concept designs to the August 2020 Ordinary Meeting of Council (OMC).
A high-level overview of the key themes is listed below:
· Design considerations:
o All tide access
o Ramp design
o Carparking design
o Jetty design
o Road alignment
o Breakwater design
o Will allow for use by larger boats
o Picnic areas / shade / landscaping / drink fountains / toilets
o Fish cleaning and washdown bays
o Stair access to the beach
o Pedestrian / cycling access and facilities
o Provisions for land-based anglers
o Retention of as much of the beach and rocks as possible
o Memorial plaques
· Safety
o BBF will improve safety for boat users in the community
· Questions raised around construction methods / costs / timeframes / alternate boat ramps during construction
· Environmental Impact
o Impact to dinosaur trackways
o Impact to the beach, popular location for locals and families
o Impact to marine life / sand movements / fish stock / reef systems / sea birds
o Impact to Aboriginal land
· Some key themes for responses not in support of the BBF
o Facilities adequate as they are
o Upgrade to existing facilities
o Cost of the project and future maintenance costs
o Size and scale of the project too large
o Visual impact of the project
o Safety concerns with proximity of recreational boats to shipping channel
All comments received during the community consultation process are being considered by DoT in the refinement of the BBF concept designs.
Road Alignment
Shire officers are working closely with Kimberley Port Authority, Nyamba Buru Yawuru and DoT to explore alternate road alignment options for the BBF. This would see a dedicated public access road to the BBF that avoids interactions with port traffic. This would improve safety for all community members accessing Entrance Point.
Two road alignment options off Kavite Road are currently being explored with the Kimberley Port Authority. Officers are working with Department of Transport to finalise the road alignment and for the road construction to be included in the BBF Business Case.
Business Case
DoT have recently closed a tender to develop a Business Case for the BBF. It is anticipated that work on the Business Case will commence in July 2020 and take approximately 12 weeks to complete.
The refined BBF concept designs and community survey results will be presented to the August 2020 OMC for Council consideration. Results from the community survey will be used to inform the Business Case.
CONSULTATION
The Shire of Broome agreed to lead the community consultation process at the February OMC 2019 and the Community Engagement Plan (Attachment 1) was endorsed by Council.
The Community Engagement Plan included the following engagement methods for primary and secondary stakeholders:
Primary Stakeholders |
Secondary Stakeholders |
· Broome Boat Facility Advisory Group (previously BBHAG) · Shire of Broome Council · Dinosaur Coast Management Group · Environs Kimberley · Kimberley Marine Supply Base Pty Ltd · Broome North Fishing Club
|
· Broome Community · Tourism WA · Shire Staff · Development WA · Cruise Broome · Recfishwest · Tourism operators · Boating Industry Association · Broome Sailing Club · Broome Chamber of Commerce and Industry · Boat and watercraft owners (Broome, state, national) |
Collaborate
To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.
|
Involve
To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered. |
At the Special Meeting of Council on the 17 March 2020 Council noted the Community Consultation process and timeline outlined in the Comment section of this report.
Prior to the community consultation period there was extensive consultation with the BBFAG and the Nyamba Buru Yawuru Heritage Advisory Group. Members of the BBFAG include:
· Shire of Broome (SoB)
· Department of Transport (DoT)
· Nyamba Buru Yawuru (NBY)
· Broome Fishing Club
· Kimberley Port Authority
· Kimberley Development Commission
· Kimberley Marine Tourism Association
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 MOLA map report proposed the BBF location at Entrance Point (shown in the concept plan). This location was then endorsed by the BBFAG on the 24 February 2020.
The Dinosaur Coast Management Group have been engaged on matters relating to Dinosaur Trackway Field Studies. Shire Officer’s and the DoT have continued to work closely with the Dinosaur Coast Management Group. Since the previous report to Council on the 17 March 2020 there have been several emails and phone call between all parties.
Once the BBF concept designs have been refined, Shire Officer’s and the DoT will liaise directly with the Dinosaur Coast Management Group. All information will be presented to Council for consideration at the August 2020 OMC.
If the refined BBF concept plans are endorsed by Council in August, further engagement is proposed to take place on the final concept. Timelines and methods will be finalised with DoT and presented to Council for consideration at the August 2020 OMC. The table below includes an overview of the proposed community consultation process (please note this may be subject to change):
Targeted one on one meetings with Primary Stakeholders |
Continue to consult and collaborate during the detailed design phase |
BBFAG |
Continue to consult and collaborate during the detailed design phase |
Website |
Updated project information and concept designs included on the website. |
BBF Mailing List |
Several community members have signed up to the BBF mailing list. Updated project information and concept designs will be emailed to this group. |
Community Information Displays with updated concept designs |
· Shire Administration Office · BRAC · Library · Broome Boulevard · Paspaley Plaza · Broome Fishing Club · Department of Transport (Broome Office) · Tackle World · Kimberley Outback and Camping Supplies · NBY Offices |
Community Information Sessions |
· Broome Boulevard · Broome Fishing Club
Opportunity for members of the community to come and ask questions of SoB staff and DoT. |
3D Model |
Work with DoT to create a 3D model of the BBF and display at a prominent location. |
Shire of Broome E-Newsletter |
Information on the project and updated concept designs. |
Media Release |
Information on the project and updated concept designs. |
Broome Advertiser |
Information on the project and updated concept designs. |
Social Media |
Information on the project and updated concept designs. |
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 |
Funding is not secured to construct the BBF |
Reputational |
High |
Work closely with key stakeholders to complete the Business Case and consideration by Council. Continue to lobby the State Government. |
Community concerns relating to Dinosaur Trackways / environmental impact on Broome landscape |
Reputational |
Medium |
Ensure all community survey results are considered and a detailed report provided to Council for consideration. Concept designs for the BBF refined where possible to minimise impact to the site. Continue to work closely with the Dinosaur Coast Management Group. |
Project timeframes |
Financial Reputational |
Medium |
Work closely with Department of Transport to ensure the timely delivery of the Business Case for consideration by Council. Ensuring the Business Case can be considered by the State Government for budget considerations and possible future election commitments. |
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A built environment that reflects tropical climate design principles and
Retention and expansion of Broome’s iconic tourism assets and reputation
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
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
(Report Recommendation) Moved: Cr C Mitchell (JP) Seconded: Cr B Rudeforth That Council: 1. Note the progress on the Broome Boating Facility Project outlined in this report; 2. Note the community engagement undertaken and outlined in this report and the impacts of COVID-19 on this process; and 3. Note the refined Concept Plans for the Broome Boating Facility and a full report of the Community Survey results are to be presented to the August 2020 Ordinary Meeting of Council for consideration. |
Cr N Wevers moved an amended Motion.
Cr C Mitchell and Cr B Rudeforth accepted the amendment to the Motion as shown underlined below.
(Report Recommendation) Minute No. C/0620/006 Moved: Cr C Mitchell (JP) Seconded: Cr B Rudeforth That Council: 1. Note the progress on the Broome Boating Facility Project outlined in this report; 2. Note the community engagement undertaken and outlined in this report and the impacts of COVID-19 on this process; 3. Note the refined Concept Plans for the Broome Boating Facility and a full report of the Community Survey results are to be presented to the August 2020 Ordinary Meeting of Council for consideration. 4. Notes that Councillors have not been provided with an opportunity to review community submissions; and 5. Arranges for the holding of the previously cancelled Community Information sessions now that COVID-19 restrictions have been eased. |
Reason: To enable Councillors the opportunity to review community submissions and ensure that the cancelled community information sessions occur now that the COVID-19 restrictions are eased.
Attachment 1 - Community Engagement Plan |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
Cr F West declared an Impartiality Interest in Item 9.2.1, the reason being “I’m Vice Chair of the Roebuck Bay Working Group”. Cr F West declared that she will consider the matter on its merits and vote accordingly.
SUMMARY: This report details the findings of the Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment and its recommendation. This report further advises how the information is being used in decision-making processes to respond to risks associated with coastal processes for this location. It is recommended Council notes the findings of the report and endorse “Accommodate” as the Shire’s preferred coastal adaptation response. Furthermore, it is recommended that Council commence towards the implementation of the “Accommodate” option and consider further as part of the 2021-2022 Annual Budget process. |
BACKGROUND
Previous Considerations
OMC 30 June 2016 (CVS) Item 9.2.2
OMC 31 August 2017 (CHRMAP) Item 9.2.3
OMC 28 May 2020 (RBCP Tender) Item 9.2.1
Town Beach is a significant location for Broome locals and for visitors to the town, playing an important role in recreation, culture and heritage.
The coastal risks affecting the Town Beach Foreshore were identified through a Coastal Hazard Risk Management Adaptation Planning (CHRMAP) process, which was formally adopted by the Council in 2017. This identified the current risk posed from coastal erosion at Town Beach Reserve and the Roebuck Bay Caravan Park (RBCP) as an ‘extreme’ risk with ‘major’ consequence.
Completed in 2015, the CHRMAP risk assessment was based on a previous study of coastal vulnerability (CVS) for the Broome townsite and described coastal erosion ‘hazard lines’ dissecting the RBCP. These planning allowances for coastal processes were based on procedures outlined in the State Coastal Planning Policy.
Geotechnical studies along Town Beach were recommended in the CHRMAP to confirm the ‘structure and extent of rock along the shoreline’ to inform coastal erosion risk and design of potential adaptation concepts.
COMMENT
The level of risk to the Shire associated with the coastal hazards and processes in the Town Beach precinct has been identified as an ‘extreme’ likelihood by 2040 and of ‘major’ consequence in the CHRMAP. The risk is expanded as a result of Council leasing lands at risk of coastal processes to third parties on commercial terms. These leases include the RBCP and Town Beach Café. The CHRMAP noted the section of the coast in front of the RBCP is protected informally in the form of the rocks at the base of the dunes, however there was uncertainty as to the future stability of the dunes in this location. The CHRMAP recommended a geotechnical investigation be performed to determine its resilience to coastal erosion.
In line with the recommendations of the CHRMAP, a more detailed Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment (the Report) has been commissioned. The primary objective of the geotechnical investigations is to identify the extent and nature of underlying rock visible at the shoreline, and the capacity to either provide natural coastal protection to the assets located on adjacent lands, or suitable foundations for coastal protection or beach access structures.
The geotechnical investigation performed revealed submerged rock was evident throughout the site although not at a level to substantially mitigate erosion risk to the overlying dunes. Further assessment was undertaken of the pindan headland stability, which provided an option to leave ‘as is’ subject to management including vegetation cover being maintained and development excluded from the area. The risk assessment performed in the detailed study noted the following:
· Current risk of storm erosion in the CVS and CHRMAP: this ‘hazard line’ identified areas may be impacted by a 100yr ARI erosion event, which has a 1% chance of occurring each year. It is noted however the erosion applied to the Western Beach portion of the study area, did not allow for exposed beach rock and rock underlying the foredune. 2040 Planning Period Allowance in the CVS and CHRMAP: this ‘hazard line’ identifies areas within a conservative ‘coastal processes allowance’. For context, the 40m allowance for the Western Beach nominally allows for a 26m shoreline erosion (approximately 170 years of erosion at the existing rates of 0.15m/yr) and 14m storm erosion in 100 years in 2040.
· The foredune along the Western Beach has been relatively stable for at least 50 years but will continue to be subject to progressive erosion of the toe of the dune at spring tides, and occasional storm erosion. Nourishment of this foredune with imported sand to maintain the current position, and rebuilding the dune following severe storms, is required as part of the coastal adaptation “Accommodation” option. This allows for further consideration in the Masterplan of the proximity of relocatable Cabins and Safari Tents to the coast.
· In short, the risk report identified the ‘extreme’ level of erosions shown in the CVS and CHRMAP are unlikely to be realised in the next 20 years. The report concludes the coast in the study area has a history of stability and the hazard lines represent in the CVS and CHRMAP are a conservation allowance from a regional assessment do not represent a predication of likely coastal erosion in the next 20 years at the site.
· The Report recommends the preferred coastal adaptation approach for the study area is to “accommodate” coastal hazards through design and management strategies. The “accommodate” approach is based on the assessment of coastal hazards, geotechnical investigations, planned development of the Roebuck Bay Caravan Park (i.e. the RBCP Masterplan), multi-criteria assessment and concept budget estimate. Furthermore, the “accommodate” recommendation is consistent with the recommendations of the CHRMAP, which has previously been adopted by the Shire of Broome and was developed in accordance with the State Planning Policy 2.6 - State Coastal Planning.
To implement the accommodate recommendations the following will need to be undertaken:
· Develop a Foreshore Management Plan;
· Refurbish the existing foredune along the western beach to rework existing rock to mitigate erosion of the toe of the steep dune at spring tides, importing suitable sand for dune nourishment, regrading and stabilisation with vegetation.
· Implement an ongoing monitoring program and undertake nourishment of the western beach dunes to retain foredunes at this location.
· Ensure redevelopment of the RBCP considers the findings of the Report, particularly, no sites are seaward of the adjusted current risk of stormwater (100ya ARI) hazard line and the development is setback around the Pindan Hedland.
· Around the Pindan Headland, leave as much vegetation as possible on the slopes, restrict development on the high sides of the slope and if failure occurs after a rainfall or tidal event, the failed area must be remediated so the toe of the slope is reinstated to at least where it was prior to failure.
· Review stormwater overflow drainage to ensure capacity of outlets to accommodate coastal erosion, and to mitigate impacts on foredune and beaches; and
· Inspection, refurbish and/or replace existing beach assess stairs. The best estimate indicative cost of implementation of the “accommodate” option is $1.6 million (inclusive of a coastal path). Development of the Foreshore Management Plan will assist in prioritising the other items and development of an implementation schedule. It is expected that the implementation would occur over multiple years. It is recommended the Foreshore Management Plan be undertaken in the first and second quarters of 2020-2021 to inform implementation to be funded commencing in 2021-2022.
In relation to the leases for the RBCP and Town Beach Café leases both expire in October 2020.
Shire officers are in discussions with the current lessees of Town Beach Café to extend their lease for an additional 12 months. This provides an opportunity to reexplore opportunities on this site. All future developments at this site will need to comply with building recommendations identified in the Report.
The tender for the RBCP lease was advertised on the 6 June 2020 and closes 31 July 2020.
To minimise any risk to the Shire for the RBCP, the Shire is: providing all available coastal process information to perspective lessees;
· adjusted the lease boundaries for the site to account for the hazard lines contained in the report;
· will require any lessee to acknowledge the existence of coastal processes and the risk they pose at the site subject to the lease;
· clarify the extent of the Shire’s coastal adaptation commitment in responding to the risk of coastal processes at the site subject to the lease; and
· Require the lessee to indemnify the Shire for any loss incurred as a result of coastal processes.
Given the investment requirements specified in the RBCP Tender, and the expected revenue generated from the subsequent lease, the implementation of the “accommodate” option should be developed in conjunction with the lessee to ensure it remains the appropriate level of response by the Shire, as a landlord, in response to the redevelopment proposed through the tender process and revenue generated.
It is recommended Council notes the findings of the Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment and endorses “Accommodate” as the Shire’s preferred coastal adaptation response in this area.
CONSULTATION
The Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment was undertaken by Seashore Engineering who are a specialist coastal engineering firm.
The Department of Transport through their Maritime Team provided input to the scoping of the project and technical review.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
POLICY IMPLICATIONS
The report has considered all coastal adaptation options as required by State Planning Policy 2.6 – State Coastal Planning.
FINANCIAL IMPLICATIONS
The RBCP and Town Beach Café leases have provided significant revenue to the Shire over many years. Lands included in these leases are now known to be at risk of coastal processes, particularly in the longer term.
Financial investment in coastal adaptation will minimise the risks and impacts of coastal processes on these assets and their ability to continue to provide an ongoing revenue stream for the Shire. This will maintain an important tourist asset in the Shire and for the community at large.
No funds have been allocated in the draft 2020-2021 Annual Budget for the coastal adaptation response recommended by this report. However, the Foreshore Management Plan ($22,500) is considered integral to the prioritisation and development of an implementation schedule for the coastal adaptation response and is therefore recommended to be undertaken in 2020/2021 to inform further budgeting commencing in 2021/2022.
The best estimate cost (P50) of implementation of the “accommodate” option is $1.6 million (inclusive of a coastal path). Of this, approximately $1.1 million is attributed to the RBCP lease area with the remaining $0.5 million relating to the coastal path and other items not directly impacting the RBCP lease.
Cost estimates attributed to the RBCP lease area can be summarised as follows:
Management Plans / Further investigations $67,500
Stabilisation measures $480,000
Beach access maintenance and renewal $297,000
Storm damage works allowance $225,000
Annual monitoring and sand nourishment $21,000
RISK
Parts of the RBCP and Town Beach leases are at risk of coastal processes. The level of risk is identified as ‘extreme’ and the consequences ‘major’ under the CHRMAP. Risk can be minimised through coastal adaptation.
Should Council not endorse the preferred “Accommodate” coastal adaptation response, risks will not be minimised. This is likely to have adverse consequences on the tender process relating to the RBCP and achieving of the RBCP master plan vision.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community
A built environment that reflects tropical climate design principles and
A natural environment for the benefit and enjoyment of current and future generations
A preserved, historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
Affordable land for residential, industrial, commercial and community use
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Responsible resource allocation
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/007 Moved: Cr B Rudeforth Seconded: Cr C Mitchell (JP) That Council: 1. Notes the findings of the Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment and the preferred “Accommodate” coastal adaptation response. 2. Endorses “Accommodate” as the Shire’s preferred coastal adaptation response at Town Beach in the area west of the Jetty Groyne. 3. Requests the Chief Executive Officer to develop a Foreshore Management Plan for the Town Beach area west of the Jetty Groyne with funding to be identified through the Quarter 1 2020-21 Finance and Costing Review. 4. Considers funding for the implementation of the “Accommodate” option in the 2021-2022 Annual Budget process. |
Cr E Foy and Cr N Wevers requested to have their votes recorded against in the Minutes.
Attachment 1 - Town Beach Geotechnical and Erosion Study |
|
Attachment 2 - RBCP Risk Management Response |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: The Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) requires local governments to carry out a review of their local planning schemes within six months of the five-year anniversary of the date the scheme was approved. The Shire of Broome Local Planning Strategy was adopted in August 2014 and Local Planning Scheme No 6 (LPS6) was gazetted on the 30 January 2015. The review of LPS6 is therefore due 30 July 2020. The Shire of Broome adopted the Report of Review at the Ordinary Council Meeting in February 2020 which recommended the review of Local Planning Strategy and LPS6 be informed by a comprehensive consultation process. The Western Australian Planning Commission (WAPC) has subsequently advised it agrees with the recommendations of the report. The Shire has engaged planning consultants, Hames Sharley, to undertake the review of the Local Planning Strategy and LPS6 and a Community Engagement Plan has been prepared to guide the comprehensive consultation process. This report recommends Council adopt the Community Engagement Plan. |
BACKGROUND
Previous Considerations
OMC 27 February 2020 Item 9.2.5
At the Ordinary Council Meeting on the 27 February 2020, Council resolved to approve the Report of Review contained in Attachment No 1 and forward a copy of the Report to the Western Australian Planning Commission and recommend to the Western Australian Planning Commission for:
(a) The Shire of Broome Local Planning Strategy review to be informed by a comprehensive consultation process; and
(b) The Shire of Broome Local Planning Scheme No 6 to be reviewed, and for a new Local Planning Scheme (No 7) be prepared and Local Planning Scheme No 6 be repealed upon gazettal of the new local planning scheme.
The Report was forwarded to the WAPC, and the WAPC has responded it agrees with the recommendations of the report (refer to Attachment No 1).
The Shire must now commence the process of reviewing the Local Planning Strategy and LPS6 and it is recommended, as per the resolution of Council, this is to be informed by a comprehensive consultation process. The consultants engaged to perform the review have prepared a Community Engagement Plan, which is included in Attachment No 2.
COMMENT
The attached Community Engagement Plan (CE Plan) has been prepared by the consultants in consultation with the Shire Officers. The CE Plan has been prepared consistent with Council’s Policy 3.4.6 – Community and Economic Development.
The CE Plan provides an overview of the following:
· Key messages;
· Stakeholder analysis;
· Action Plan;
· Communication proposed; and
· Evaluation (targets for engagement).
Engagement Phase 1 (which commence on page 18 of Attachment No 2) provides an overview of the key engagement tasks, outcomes, deliverables and reporting for the initial community engagement is proposed for the review of Local Planning Strategy and LPS6. This is proposed to include the following:
· Launch communication and messaging (on social media, print and radio media);
· Stakeholder introductions;
· Individual stakeholder meetings;
· Media monitoring;
· Youth engagement;
· Aboriginal Community Engagement;
· Business Engagement;
· Regular eNews Updates;
· Q & A ‘pop-in’; and
· Council presentation.
The initial phase of the engagement is scheduled to commence in June, for a term of 3 months, concluding September 2020.
At the conclusion of the Engagement Phase 1, a summary report of the findings will be prepared, and outcomes will be workshopped with Councillors. The process of drafting updated Local Planning Strategy and Scheme will then commence. Once this is adopted by Council and WAPC has consented to advertising, there will be a further comprehensive consultation period of the draft materials. This is likely to commence in mid 2021.
The CE Plan is proposing the Shire adopts an involve / collaborate approach under the IAP2 (consistent with the International Association for Public Participation spectrum). The CE Plan is considered to involve comprehensive consultation to inform the review process and is consistent with Council’s Policy. While the Planning and Development Act 2005, prescribed minimum level of community engagement once a Strategy and Scheme has been prepared, the level of engagement prior to the preparation of the documents is not prescribed. To ensure the aspirations of the community are known in the preparation of the documents, it is recommended the CE Plan is adopted.
CONSULTATION
A workshop was held with Council in May 2020, where the consultant team provided an overview of the proposed engagement methodology and sought feedback from elected members. The Department of Planning, Lands and Heritage have also been engaged with on the community engagement proposed in the CE Plan.
If adopted, the CE Plan will guide the engagement the Shire and the consultant team will undertake to inform the Strategy and Scheme review process.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
POLICY IMPLICATIONS
The CE Plan prepared is consistent with Council Policy 3.4.6 – Community Engagement.
FINANCIAL IMPLICATIONS
The community engagement proposed under the CE Plan has been budgeted for as part of the 2020-21 Annual budget.
RISK
There is a risk the community may not want to be engaged in the process, or secondly the community may be confused by other consultation being performed by the Shire. To avoid these risks the CE Plan has identified some key messaging and proposes the preparation of comprehensive engagement packs to assist with the community to be actively involved in this process.
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 built environment that reflects tropical climate design principles and
A natural environment for the benefit and enjoyment of current and future generations
A preserved, historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
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
Effective community engagement
VOTING REQUIREMENTS
That Council: 1. Endorses the Community Engagement Plan for the review of the Local Planning Strategy and Local Planning Scheme as set out in Attachment 2; and 2. Authorises the Director Development and Community to make minor changes to the plan as required during implementation. |
Cr N Wevers moved a Motion to amend the Report Recommendation. The amendment is underlined below.
(Report Recommendation) Minute No. C/0620/008 Moved: Cr N Wevers Seconded: Cr E Foy That Council: 1. Endorses the Community Engagement Plan for the review of the Local Planning Strategy and Local Planning Scheme as set out in Attachment 2 and to include open community forums on; a) Short Stay Accommodation b) Home Occupation and Home Business. 2. Authorises the Director Development and Community to make minor changes to the plan as required during implementation. |
Reason: Due to recent community interest regarding compliance issues with Short Stay Accommodation businesses and the increase in working from home arrangements with the current COVID-19 pandemic.
Attachment 1 - WAPC response on Report of Review |
|
Attachment 2 - Community Engagement Plan |
Item 9.2.3 - SHIRE OF BROOME LOCAL PLANNING STRATEGY AND LOCAL PLANNING SCHEME NO 6 REVIEW - COMMUNITY ENGAGEMENT PLAN |
Item 9.2.3 - SHIRE OF BROOME LOCAL PLANNING STRATEGY AND LOCAL PLANNING SCHEME NO 6 REVIEW - COMMUNITY ENGAGEMENT PLAN |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: This report presents a six-monthly update to Council in accordance with the previous Council resolution of 12 December 2020 on the Chinatown Revitalisation Project for the 6 months from January to June 2020. Key activities undertaken within the period for this Project are: · Detailed design of the Stage 2 streetscape and works packages · Development of the public art and interpretation pieces · Community consultation and engagement activities. |
BACKGROUND
At the Ordinary Meeting of Council held 12 December 2019, Council resolved the following in regard to the Chinatown Revitalisation Project:
REPORT RECOMMENDATION: That Council: 1. Requests the Chief Executive Officer formally thanks the State of Western Australia for the $11.95 million grant funding for Stage 2 of the Chinatown Revitalisation Project; 2. Endorses the Draft Financial Assistance Agreement (as circulated under separate cover) with the Department of Primary Industry and Regional Development and authorises the Shire President and Chief Executive Officer to engross the final documentation as required and subject to minor amendment; 3. Endorses the updated Memorandum of Understanding between the Shire of Broome, DevelopmentWA and Kimberley Development Commission as presented and authorises the Shire President and Chief Executive Officer to engross the documentation as required and subject to minor amendment; 4. Endorses the Chinatown Revitalisation Stage 2 Governance Terms of Reference as presented, subject to minor amendment, and appoints the Chief Executive Officer and Shire President to be the Shire’s representatives on the Chinatown Steering Committee; and 5. Requests the Chief Executive Officer to: (a) Include an allocation of $2,680,000 within the 2020/21 Annual Budget towards Stage 2 of the Chinatown Revitalisation Project; and (b) Provide six monthly updates on the Project for Council’s information. |
This report to Council is provided to address 5(b) above in regard to six-monthly updates on the Project.
Financial Assistance Agreement
The Financial Assistance Agreement (FAA) sets out the obligations of the Shire of Broome in respect of the use of funding provided under the agreement.
The FAA between the Department of Primary Industry and Regional Development and the Shire of Broome provides for an investment of $11.95M by the State and $3.6M from the Shire of Broome for the delivery of various key projects. An additional $100K has also been recognised for funding secured through the Kimberley Development Commission’s (KDC) Regional Economic Development (RED) Grants towards the proposed Transit Hub sub-project. These projects are summarised as follows (extract taken from FAA):
Item of Expenditure |
Budget ($) |
Source of Funds |
Stage Two Streetscape Enhancement Detail Design |
800,000 |
The Recipient |
Short Street Streetscape Enhancements |
4,482,500 |
$500,000 The Recipient $3,982,500 The Department |
Napier Terrace Streetscape Enhancements |
3,470,000 |
$500,000 The Recipient $2,970,000 The Department |
Carnarvon Street North Streetscape Enhancements |
3,020,000 |
$1,000,000 The Recipient $2,020,000 The Department |
Smart Cities Enabling Items |
300,000 |
The Department |
Chinatown Public Art |
500,000 |
The Recipient |
Streeter’s Jetty Refurbishment |
300,000 |
The Department |
Chinatown Transit Hub and Pocket Park |
1,270,000 |
$1,170,000 The Department $100,000 KDC |
Visitor Centre Amenities |
150,000 |
The Department |
Place Activation Manager (18 months) |
600,000 |
$300,000 The Recipient $300,000 The Department |
Project Management, Administration, Audit and Reporting |
757,500 |
The Department |
Total Budget |
15,650,000 |
|
A brief description of each sub-project follows:
Stage Two Streetscape Enhancement Detail Design
The Chinatown Revitalisation Project Stage Two Detailed Design Phase will deliver the second stage of works as outlined in the Chinatown Master Plan. This body of work will review the priority projects, refine the concept master plan and define priority two projects into a fully resolved ‘shovel ready’ package ready for tender and then construction.
Short Street Streetscape Enhancements
Short Street is the main entry point into Chinatown off Old Broome Road. This Project will include varying levels of streetscape upgrades and road/drainage upgrades that will aim to improve Short Street as an arrival point into Chinatown. This will be done through improved shade and amenity, enhance legibility and universal access, pedestrian break out spaces, activation of underutilised public space and encouraging private investment.
The Project will also include consolidation of car parking; review and resolve any clashes with property entrances/aprons; review of road layout; investigate shared pedestrian and vehicular space and introduction of a bus pull-in area.
Napier Terrace Enhancements
Napier Terrace bookends Carnarvon Street and Dampier Terrace with Short Street and is the main entry point to these streets off Hamersley Street as well as being an important connection to Male Oval. This Project will include varying levels of streetscape upgrades and road/drainage upgrades that will aim to improve Napier Terrace as an arrival point into Chinatown. This will be done through improved shade and amenity, enhance legibility and universal access, pedestrian break out spaces, activation of underutilised public space and encouraging private investment. The Project will also include consolidation of car parking; review and resolution of any clashes with property entrances/aprons; review of road layout, and potential introduction of a bus pull-in area.
Carnarvon Street Streetscape Enhancements
This Project includes the extension of upgrades undertaken in stage one to areas north of Short Street and will include road/drainage upgrades. This Project is expected to include upgrades to shade and shelter, lighting, street furniture and street trees in line with the materials and finishes employed in stage one. Focus on a higher specification of finishes shall be used in sectors immediately adjacent to existing buildings, while a lower level of service is to be considered for areas adjacent to undeveloped parcels of land.
Smart Cities Enabling Items
Technology adoption is a key part of this plan and the upgrading of Chinatown’s Wi-Fi and CCTV capability is an important early stage in this process. Using smart technologies in key pilot projects that will assist in improving efficiencies, minimising overheads and enhancing municipal services (examples include irrigation, parking, waste and lighting) is also a key outcome.
Chinatown Public Art
Public art and interpretation play an important role in all community developments. A Public Art and Interpretation Strategy was created as part of the Chinatown Revitalisation Project, which will lead to the creation of a range of sculptures and artworks incorporating Broome’s multicultural history within the precinct.
The Chinatown Public Art and Interpretation Strategy was created as part of Chinatown Revitalisation Project – Stage 1. Included within Chinatown Revitalisation Project – Stage Two is funding for the creation of a range of stand-alone public artworks and interpretation projects to celebrate Chinatown’s multicultural history.
The State Government Funding Assistance Agreement for this Project requires the Shire to collaborate with key Chinatown stakeholders on the specific nature and location of the artworks.
Streeter’s Jetty Refurbishment
This Project will include the refurbishment of Broome’s historic pearling era jetty into a safe and interpretive tourist destination. The upgrade will include works that will provide refurbishment to support heritage preservation.
Chinatown Transit Hub & Pocket Park
This Project will include the establishment of a welcome point for regional buses and tours. Importantly, this location will act as a welcoming terminal for cruise ship passengers, ferried here for their first steps in Broome. Further, tourist buses do not currently have a dedicated transit area. Adjoining the transit hub will be a pocket park to facilitate cruise ship welcoming events as well as creating a town gathering space for community.
Visitor Centre Amenities
Visitor amenities are a key part of precinct activation and increased duration of stay. The limited ablution facilities and visitor amenities in Chinatown is found to be a constraint to attracting visitation and activation of the precinct. This Project will see a new ablution facility located with the Chinatown Precinct.
Chinatown Place Activation Coordinator (18 months)
This important role is needed to drive commercial tenant attraction and engagement as well as supporting business through the management of an ongoing program of events, place activation and branding for Chinatown. The role also has responsibility for sourcing funding options for Chinatown on an ongoing basis.
The Agreement outlines the employment of a Chinatown Place Activation Coordinator (CPAC), with the purpose of the role being to:
· drive commercial tenant attraction and engagement;
· support business through the management of an ongoing program of events; place activation and branding for Chinatown; and
· source funding options for Chinatown on an ongoing basis.
The Coordinator is to regularly update the Chinatown Revitalisation Steering Committee, the Chinatown Stakeholder and Community Reference Group (CSCRG) and the Council on engagement, activations, grants and other activities, as applicable.
This report provides an update to Council on activities taken place between December 2019 to June 2020.
COMMENT
Project Management
ACOR Consultants were engaged as the lead contractor to manage the detailed design for Stage 2 works. their key subconsultant was Josh Byrnes and Associates acting in the key space as landscape architect.
Detailed Design
The detailed design is to be undertaken in four (4) phases with a view to arriving at a complete tender ready design package in June 2020.
Phase 1: Investigations
In addition to the tasks outlined in the RFQ, this stage of work will include the following:
· Review and familiarise with the vision set by the masterplan
· Review the CHRMAP assessment (Broome Townsite Coastal Hazard Risk Management and Adaptation Plan, 16 August 2017) and understanding its potential impact on design in consultation with the Shire and the Shire’s nominated coastal engineer.
· Understanding of the urban contexts and connections to key sites, particularly the Jetty to Jetty trail.
· Mapping of Chinatown in terms of land use, soil geology and vegetation complexes via GIS.
· Smart City integration discussion via the risk assessment workshop to gain an understanding of the Shire’s aspirations for Smart Cities initiatives for Broome and outlining options that will inform the design for the infrastructure for Chinatown Stage 2
· Assessment of the services to determine if any that may potentially require relocation based on proposed future works.
Phase 2: Concept review and Design
In addition to the tasks outlined in the RFQ, this stage of work will include the following:
· Apply the Power of 10+ framework to the design of the streetscapes.
· Develop the concept design with lessons from the Global Street Design Guide, which formed the basis of the Broome China Town Masterplan.
· Ensure the design is developed with CPTED and environmentally sustainable principles.
· Consider the environmental and local economic impacts in the design process.
· Updates to and reviews from the Project Control Group/Steering Committee.
· Concept design review by Traffic Engineer, DDA and ABED consultants.
· Regular Project Team meetings for works coordination and to ensure timeframes and deliverables are met.
· Ensure suitable QA – design being peer-reviewed at critical stages, and all deliverables are reviewed by Design and Team Lead.
· Working with the Shire for approval of the concept design and confirmation of the sub-projects to be developed in the next phase of works
Phase 3: Design Development
In addition to the tasks outlined in the RFQ, this stage of work will include the following:
· Collate supply chain information about proposed materials and fabrication methods.
· Regular Project Team meetings for works coordination and to ensure timeframes and deliverables are met.
· Design review by DDA consultant.
· Ensure suitable QA – documents being peer-reviewed at critical stages, and all deliverables are reviewed by Design and Team Lead.
· Working with the Shire for approval of the Design Development documentation and confirmation of the sub-projects to be developed in the next phase of works
Phase 4: Detailed Design (Attachment 1)
In addition to the tasks outlined in the RFQ, this stage of work will include the following:
· Check documentation and specifications against the supply chain information and local suppliers and fabricators.
· Regular Project Team meetings for works coordination and to ensure timeframes and deliverables are met.
· Design review by DDA consultant.
· Ensure
suitable QA – documents being peer-reviewed at critical stages, and all
deliverables are reviewed by Design and Team Lead.
There have been a number of workshops and information sessions provided throughout the 4 design phases to key stakeholders and this is outlined in detail under the consultation section of this report. At the time of writing this report, Phase 4 detailed designs remained outstanding. Presentation of these designs are earmarked to occur with the Steering Committee, Council and Chinatown Stakeholder and Reference Group from the 19 June 2020. Subject to Steering Committee endorsement of the final designs, procurement for the construction works is due to commence in early July 2020.
Public Art
Public art and interpretation activities undertaken to date include:
Start of the Pearling Story
Appointed artist Tony Pankiw has been working with Yawuru concept artist Michael Torres. The concept has been updated to adapt to the site challenges including limited space, site lines and underlying services. Councillors were consulted at the 26 May Workshop and Steering Committee members via email on 28 May. Councillors asked if the sculpture could be relocated with the future potential acquisition of adjacent Paspaley land. Officer’s confirmed the ability to relocate the sculpture, if desired, and this is part of the artist scope. Consideration to rotating the sculpture has also been had. Steering Committee members did not raise any concerns when distributed via circular email engagement.
Upon concept approval, the artists will finalise the detailed design for a deadline of 10 July 2020. The site for this item has been identified in construction plans. Fabrication and delivery of the piece to Broome is currently scheduled to take place prior to December 2020 to allow for installation by the construction contractor.
It is noted this timeline is largely dependent on acceptance and approval of the concepts by the Yawuru Cultural Reference Group – which is still pending minor changes following an initial presentation on 11 June.
Broome Chinese Community
This component incorporates an artwork undertaken by the Chinese community to celebrate the Chinese contribution to Chinatown.
Broome artist, Jacky Cheng, was successfully appointed for this component. The artist has:
· Commenced work with the Broome Chinese Community and has hosted workshops for concept development of pedestrian gates; and
· Proposed the use of laser cut Corten steel with back lighting, with three (3) concept options due 16 June 2020.
Shire Officers have met with the appointed artist and members of Broome Chinese Community Committee in relation to site concerns arising from community workshops and are working to resolve the selected site on Short Street.
Councillors were not supportive of an alternative design and location (Entry Gate on Carnarvon Street) when consulted 26 May 2020, due to the following key factors:
- The Public Art Strategy and FAA scope outline the opportunity for a public art piece on Chinatown Revitalisation Stage 2
- The proposed piece of art was an entry statement, which would duplicate the major installation already underway within a hundred metres on the Napier/Carnarvon Roundabout
- The proposed alternative did not respond to the location and surrounding aesthetics
Officers requested a formal position from the Broome Chinese Community by close of business 18 June 2020. At the time of finalising this report, their position was for the piece to be relocated to Carnarvon Street. This request is outside of the current project scope.
Sam Male Bronze Sculpture
The Male family is making a financial contribution towards a sculpture of Sam Male to acknowledge the impact he made to the growth and history of Broome.
Artist, Terrance Plowright, was successfully appointed for this component. The artist has commenced working with the Male family and the Broome Historical Society. Concepts were received prior to the deadline - allowing the Selection Panel to meet on 19 May. The recommended concept was presented to Council and Steering Committee for consultation. No issues or concerns were raised by the Council or Steering Committee in relation to the recommended concept of Sam Male overlooking Streeter’s Jetty on the corner of Short Street and Dampier Terrace.
Upon Shire approval of the chosen concept, Terrance Plowright will receive an Artwork Commission Agreement for fabrication of Sam Male Bronze Sculpture. The site for the sculpture has been identified in construction plans. Fabrication and delivery of the piece to Broome is scheduled to take place prior to December 2020 to allow for installation by the construction contractor.
Customised benches and filigree panels
No responses were received for Community Design Project. An alternative art procurement method has been proposed to obtain designs using local artists, and is summarised below:
· Carnarvon Street North Lights – utilise existing Chee Fa designs from Stage 1 to ensure continuity along the street;
· Short Street – Engage Nagula Jarndu to provide designs for lights and benches fitting with pearling/ boat building/ bay theme, which aligns with themes for other artworks in the area; and
· Napier Terrace – Engage a local Japanese artist to provide designs for lights and benches linking with the Japanese theme on Napier. Artist to consult Japanese community.
Interpretation components
Officers are requesting a quote from an app developer on the existing Stage One interpretation walk signs and art items. This approach has been developed to raise awareness of the existing public art and interpretation items within the precinct and allow for a creative approach to be explored to bring the sights, sounds and vibrancy of Chinatown to consumers in an innovative manner.
Diver’s Quarters and the Boat Building Industry
Perth based artist, Nic Compton, was successfully appointed for this component. He is currently undertaking consultation with the Broome Historical Society, and other key contacts. Due to COVID19 travel restrictions Nic is working with a Broome based Japanese artist to assist with consulting elderly divers from the Japanese and Malaysian community.
The Yawuru Cultural Reference Group have scheduled their first meeting (11 June) post COVID19 restrictions where the artists will have an opportunity to engage on this item to discuss sensitivities and historical factors with the boat building industry in Broome.
The site for this item has been identified in the construction plans. Due to the challenges presented by recent travel restrictions, the artist will provide footing requirements 16 June 2020 and concepts will be submitted by 16 July 2020.
Japanese in Broome, the Tram, and relocation of the three (3) Bronze Pearling Sculptures
The procurement process has been completed for the Japanese in Broome, the Tram, and relocation of the three (3) Bronze Pearling Sculptures components of the Project - with Josh Byrne Architects appointed to deliver the work.
The scope of work includes the development of shop drawings for benches and filigree light panel designs. Funds for these components will be drawn from the Public Art Coordination allocation.
The new site for Three (3) Bronze Sculptures (affectionately known as the Three Wise Men) is yet to be resolved. Consultants have provided detailed location plans for potential sites following targeted stakeholder engagement and Council will be consulted for a second time at 16 June workshop. The sites include:
· Carnarvon Street Median Strip (previous location)
· Luggers Carpark
· Southern Cnr Napier and Dampier
The Steering Committee will be consulted via email as per the endorsed Project Management Plan, following further consultation with Council on the preferred site.
Communications
The procurement process to hire a communications consultancy to assist in Stage 2 of the Chinatown Revitalisation Project commenced in February 2020, with local Broome businesses approached in the first instance to provide quotes.
With no relevant quotes received, the Shire engaged WALGA’s preferred supplier list to open the opportunity to a wider range of companies and subsequently received two quotes.
After an internal evaluation process, Harby Studios were selected as the preferred supplier on April 17.
Since then, Harby Studios have prepared a communications plan for the Project, held multiple meetings with relevant Shire staff and briefed the Chinatown Steering Committee and the Chinatown Stakeholder and Community Reference Group.
In May 2020, Harby Studios revamped the Chinatown website with new and updated content, which included the production of five community factsheets. The first e-newsletter of Stage 2 of the Project was circulated, social media posts were planned and posted, and information was included in the Shire News page in the Broome Advertiser.
In June 2020 thus far, the provision of free Wifi in Chinatown has been publicised in the local media, social media and online, with the production of printed flyers and posters also underway.
Communication to stakeholders and the wider community has continued to increase on the website and social media. This has included, or will include, a media release, radio advertising and interviews with local media on the Project.
Plans are also in place to release the artist impressions of Stage 2 once the detailed design phase is completed, with the potential for printed newsletters and flyers for Chinatown’s retailers further down the track.
A discussion has also been had in relation to flyers being distributed to residents’ mailboxes, but this is more likely to take place later in the Project.
From May to June, the number of website visits increased from 478 to 1814 and there was a 227 per cent increase in post reach on Facebook.
The first e-newsletter had a 44.9 per cent open rate – the industry average is 28.7 per cent.
Chinatown Activations Update
Chinatown Christmas Trails and Carols
This event was held on the streets of the Chinatown precinct on 6 December 2019. Approximately 3000 Broome local people attended the event. The event was funded by the Project with assistance of the three external sponsors: Healthway WA, Buru Energy and Inpex Operations Australia.
The event program consisted of approximately 30 mainly free activities designed for families and young kids. It was a combination of the Shire-led activities as well as Chinatown trader’s activity stalls.
Chinatown Town Team collaborated with the Shire on planning and executing this event for the Broome community.
A public survey was conducted after the event and helped to collect some positive and constructive feedback from those who attended the event. This feedback will be considered as part of the planning for the Chinatown Christmas Trails 2020 event.
Event Planning
COVID-19 crisis has had a significant impact on the ability to plan community events and activations. This has resulted in the cancellation of Chinatown Discovery Festival 2020, Ladies Night 2020 and inability to implement minor ad hoc activation ideas, such as Easter activation.
The cancellation of Chinatown Discovery Festival 2020 event was particularly regrettable as a large portion of the event components were already in place at the time of cancellation. A substantial amount of work has gone into seeking private sector sponsors for the event, which was relatively successful. CPAC is intending to achieve similar result for the Chinatown Discovery Festival 2021 event.
Forward planning of events such as Ladies’ Nights and the Chinatown Christmas Trails will commence imminently in collaboration with the Chinatown Town Team.
Preliminary work on delivering the Chinatown Discovery Festival 2021 has commenced in preparation for grant applications due to be submitted in the coming months.
Monitoring of the COVID-19 restrictions associated with social distancing, gatherings and travel will continue, and planning will be adjusted accordingly.
Chinatown Town Team (CTT)
For the period of 15 May 2020 to 19 June 2020, the Shire has had minimal engagement with the CTT, a legacy of the continuing COVID-19 restrictions.
Some progress has been made with regards to the Chinatown Mobile App development whereby selected members of the CTT have been willing to assist CPAC with the collection and coordination of the App contents.
It has been noted it is unlikely the funding of $20,000 allocated for the CTT-led activations in the 2019-2020 Financial Year will be spent.
Therefore, it is recommended this amount is re-allocated to the CRP2 reserve funds and used for construction activities or as required by the Project works.
Chinatown Free WiFi
Chinatown Free WiFi was installed as part of the Chinatown Revitalisation Project – Stage 1 and became fully functioning by April 2020.
Chinatown Free WiFi promotional materials have been distributed to the stakeholders and community via direct email, Broome Visitor Centre database and newsletter, Broome Chamber of Commerce and Industry.
Social media channels have been updated with the Chinatown Free WiFi information and will have a social media notification schedule for several weeks to ensure good penetration.
Information about the Chinatown Free WiFi will be included in the fortnightly Shire news page in the Broome Advertiser as well as mentioned on the radio during July school holidays.
The “Free WiFi” sign will be professionally printed and distributed to the traders that are located in the zone covered by the WiFi signal.
It is the intent that CRP2 will see Free WiFi extended to the remaining parts of Chinatown.
GRANTS AND EXTERNAL FUNDING ACTIVITIES UPDATE
Chinatown Christmas Trails
Chinatown Christmas Trails 2019 event received external funding from Healthway WA ($3,000 excl GST), Inpex Operations Australia ($5,000 excl GST) and Buru Energy ($4,000 excl GST).
CPAC was successful in obtaining funding from Inpex again for the 2020 event ($5,000 excl GST), but unsuccessful with Buru Energy.
Chinatown Discovery Festival
Chinatown Discovery Festival 2020 was unsuccessful for the RAF grant via Regional Arts WA ($30,000 was requested). Feedback on the outcome of the application was provided and has been considered by CPAC. Opportunity to re-apply for the Chinatown Discovery Festival 2021 event in August 2020.
Chinatown Discovery Festival 2021 was unsuccessful for the RES grant via Tourism Western Australia ($40,000 was requested). CPAC is seeking feedback on this outcome. At present there is no opportunity to re-apply for events held in 2020-2021 financial year.
CPAC was successful in obtaining several event sponsors (monetary and in-kind) for the Chinatown Discovery Festival 2020 prior to its cancellation due to COVID-19 crisis. CPAC is intending to pursue the private sector for sponsorship opportunities for the Chinatown Discovery Festival 2021.
CPAC continues to investigate external funding opportunities for future events and activations in Chinatown.
CONSULTATION
Stakeholder Engagement Update
CPAC has prepared the EP which sets out how the key stakeholder groups will be involved in the CRP2. It ensures that an effective and suitable level of public participation is offered to appropriate stakeholder groups. The EP was endorsed by the Steering Committee on 7th February 2020 and by the Council in 27 February 2020 OMC and the implementation has commenced.
During the course of 6 months December 2019 – June 2020 the following key engagement was conducted:
Town Walks
CPAC had conducted three town walks visiting shop owners/managers that were identified to be directly affected by CRP2 works.
This approach has helped to establish and nurture the relationships with the stakeholders. Additionally, it was an opportunity to disseminate information about the progress of CRP2 as was deemed appropriate.
Stakeholder feedback was collected and discussed in the fortnightly TAG meetings. Specific enquiries were addressed on the Enquiries Register and/or flagged on a Risk Register and actioned in a timely manner.
Due to COVID-19 crisis, Town Walks were paused in April 2020 until it is deemed safe for CPAC to re-start them.
One on One Meetings
As there was a certain degree of risk involved, it was CPAC’s recommendation to conduct one on one scheduled meetings with several key stakeholders to minimise that risk. These stakeholders included key landowners and larger scale business owner-operators.
This approach was considered more personable and gave the stakeholders an opportunity to communicate their feedback and concerns about the imminent CRP2.
Due to COVID-19 crisis, one on one meetings were limited from April 2020 and only took place if it was absolutely necessary. CPAC continues to conduct most of the engagement activities via virtual platforms. Should a one on one meeting need to take place, social distancing measures are adhered to.
Chinatown Stakeholder and Community Reference Group
Chinatown Stakeholder and Community Reference Group (CSCRG) was a part of the EP methods of engagement.
The purpose of the CSCRG, as outlined in the Terms of Reference for CSCRG, is as follows:
· Provide input and feedback to the Project Control Group and Council on the Revitalisation of Chinatown.
· Ensure community and key stakeholders are appropriately engaged in the design and delivery of projects as part of the Chinatown Revitalisation.
· Act as a conduit between the Project Working Group and the community, traders and landowners in Chinatown.
EOIs were sought seeking nominations for the following membership positions:
· 1 x Broome Chamber of Commerce and Industry
· 1 x Nyamba Buru Yawuru
· 1 x Chinatown Trader
· 1 x Chinatown Landowner
· 5 x Community Representatives
Several applications were received during the EOI submission period 28 February 2020 to 13 March 2020 and these were considered by the CRP2 Technical Advisory Group. Regard was given to the CSCRG Terms of Reference, noting the required membership composition and the key purpose of the group.
Total of 10 applicants were appointed to the CSCRG panel by the Council in 26 March 2020 OMC.
Since CSCRG official formation, two meetings were held with the CSCRG (15 April 2020, 20 May 2020). CSCRG members were provided with an overview and relevant updates on key sub-projects of the CRP2 and are now deemed to have a good understanding of the project progress.
Next meeting with the CSCRG is set to take place mid-June 2020 where the group will be updated on the final designs and the imminent construction tender process.
Due to COVID-19 crisis, some of the CSCRG members joined the meetings via virtual platforms.
Information sessions
First CRP2 Information Session was held on 12 March 2020 at a venue in Chinatown.
This session was open to all stakeholder groups and general Broome community.
The invitation to this Information Session was advertised via direct email to Chinatown stakeholder database, Broome Visitor Centre, Broome Chamber of Commerce and Industry, social media channels and noticeboards around Broome. Additionally, it was mentioned to the Chinatown traders by CPAC during one of the scheduled town walks.
Approximately 25 people attended the session. TAG presented an overview of the key sub-projects of the CRP2 and gave the stakeholders an opportunity to ask and discuss any queries and feedback.
Second CRP2 Information Session was held on 4 June 2020 at a different venue in Chinatown.
Chinatown based stakeholders (traders and landowners) and CSCRG were invited to attend this session.
The focus of this session was to present the stakeholders with the 85% detailed design plans as part of the CRP2 works.
Feedback from this session is being discussed as part of the design process.
Due to COVID-19 crisis, one scheduled Information Session had to be cancelled during the course of 6 months.
Activations, Business and Economic Development (ABED) Workshops
Increased stakeholder engagement was identified as one of the focuses of the CRP2.
One of the ways identified to improve the level and quality of the stakeholder engagement during Stage 2, as outlined in the EP, was to engage an analytical firm (Geografia) to run a comprehensive assessment of the Chinatown precinct and local economy and conduct consultative workshops with key stakeholders in the area.
Geografia was tasked to research ABED opportunities by involving key stakeholders and seeking avenues to best leverage the State investment in Chinatown by using private investment and business development.
In March 2020 Geografia conducted twenty-four (24) face-to-face consultations and phone interviews with Chinatown business owners and landowners, focusing on those that will be directly affected by Stage 2 works.
General findings
· The declining economy (2018 - 2020) and COVID-19 crisis resulted in many traders and landowners not able to make any financial investment commitments.
· Many traders were adopting a “wait and see” approach towards the Chinatown Revitalisation Project prior to making investment decisions.
· Some traders aspired for long-term business development, however many of these were dependant on the COVID-19 implications.
· The common thread of increased residential developments in the precinct is arguably more important to Chinatown than visitors and tourists.
· Several Food and Beverage traders expressed keen interest in expanding their service and creating alfresco dining.
Design related requests
· Parking – create more parking as there was an overall perception of a lack of parking across the precinct, particularly during Dry season.
· Request for better lighting to assist with safety and security of the precinct (referring to the issues with itinerants in the area).
· More “China” in Chinatown (although it was acknowledged Broome Chinatown is not a typical Chinatown precinct and is rather a multicultural town centre).
· Request for more shady spaces.
· More planting for both shade and vegetation to have cooling effect on the streetscape.
· Developments to attract visitation after standard trading hours and create a reason for locals to come to the precinct rather than going elsewhere such as Cable Beach, for instance, a rooftop bar etc.
Construction related requests
· Better, more frequent, and more “in-advance” communication with stakeholders and community alike.
· Maintaining vehicle accessibility to drive-through bottle shops and shop fronts.
· Better signage in relation to road works and closures.
Overall observations
· Largely positive feedback from Stage 1.
· One of the key barriers for investment in Chinatown heritage-listed properties is modern compliance requirements and the financial burden this presents.
· The number of older and more long-term property owners / traders outweighs the younger and newer investors. It may be that Stage 2 becomes a trigger for increased interest in property purchases and new commercial leases although this is not a comprehensive outlook.
The report findings have been considered and the proposed streetscape designs are reflective of this process.
The COVID-19 State of Emergency on the region’s economy is anticipated to reduce the outcomes of the ABED process in relation to leveraged investment from land and property-owners.
Engagement activities related to the CRP2 Concept Design plans
· Potential cruise ship coach transit hub location
Napier Terrace (East) is one of the agreed locations to be pursued for a cruise ship coach transit hub, along with several other areas where enough versatility to accommodate cruise passenger movements is viable.
Consultation with Napier Terrace (East) business and land owners has returned largely positive responses and this information has been discussed as part of the design process.
· Proposed changes to traffic flow and parking bays of the Napier Terrace (East) corner car park (located on the corner of Napier Terrace and Carnarvon Street)
During early design (concept design) conversations, the car park located on the corner of Napier Terrace and Carnarvon Street was identified for potential traffic flow changes to enable a more ‘pedestrian friendly’ environment.
Consultation with the impacted land owners and tenants has largely resulted in negative responses due to perceptions associated with business access difficulties.
This feedback has been addressed with the design consultants.
· Proposed concept design for Napier Terrace (West)
The proposed concept design for Napier Terrace (West) incorporated a road realignment and additional parking bay features.
This proposal represents a major design change to the area.
Consultation with the impacted land owners and tenants is ongoing with the responses to-date mixed.
Additional designs are being developed to incorporate stakeholder feedback.
· Carnarvon Street (North) – Shopping trolley management
The decision to incorporate, or not to incorporate, trolley management systems into the design of Carnarvon Street (North) was listed for deliberation.
The challenges associated with the management of abandoned shopping trolleys in the Chinatown precinct are the subject of continued discussion with relevant parties.
Engagement activities related to the CRP2 85% Detailed Design plans
CPAC has conducted 25 face to face consultations with the key Chinatown traders and landowners immediately affected by the CRP2 during the course of 15 May 2020 to 26 May 2020.
Additionally, an Information Session was conducted on 4 June 2020 at a venue in Chinatown. This session was attended by approximately 30 stakeholders who were given an overview of the proposed detailed design plans.
The feedback has returned largely positive with exception of concerns in relation to the proposed streetscape designs. One of the main areas for concern was the proposed reduction in the number of parking bays on Short Street (West) and Carnarvon Street (North).
These concerns are being discussed as part of the design process.
STATUTORY ENVIRONMENT
Local Governemnt Act 1995
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
Council’s financial commitment for detailed design through to the end of the current financial year is identified in the table below.
Item |
Value |
RFQ 19-95 Detailed Design |
$ 627,125.90 |
VO-001 Male Oval Masterplan |
$ 20,651.00 |
VO-004 Smart Cities Technology |
$ 15,477.00 |
VO-005 Seal Design |
$ 3,176.25 |
VO-006 Napier Tce West |
$ 15,820.00 |
Trainee |
$ 4,000.00 |
Total |
$686,250.15 |
19/20 Budget |
$ 800,000.00 |
The Chinatown Revitalisation Public Art and Interpretation Stage Two Budget has a total of $500,000 ex GST ($550,000 expense, $50,000 revenue). The following table outlines the 19/20 and 20/21 revised items following the Steering Committee approved alternative art coordination method and includes installation sums for Start of the Pearling Story, Chinese Community, Divers Quarters and Sam Male. All costs in the table below are excluding GST.
Item |
Original Estimate |
Current Estimate |
||
19/20 Actual |
20/21 Estimate |
Total |
||
The Japanese in Broome |
$55,000 |
$0 |
$45,000 |
$45,000 |
Sandblasted Benches Napier and Short |
$5,000 |
$0 |
$5,000 |
$5,000 |
Filigree Panels Napier and Short |
$5,000 |
$0 |
$5,000 |
$5,000 |
Start of the Pearling Story |
$85,000 |
$7,200 |
$67,800 |
$75,000 |
Chinese Community |
$70,000 |
$8,000 |
$62,000 |
$70,000 |
Divers Quarter and the Boat Building Industry |
$40,000 |
$5,200 |
$40,800 |
$46,000 |
Sam Male |
$110,000 |
$19,800 |
$88,200 |
$108,000 |
Sam Male (contribution) |
($40,000) |
$0 |
($50,000) |
($50,000) |
The Tram |
$50,000 |
$0 |
$40,000 |
$40,000 |
Interpretation Trail (virtual app) |
$30,000 |
$0 |
$25,000 |
$25,000 |
Art Coordination - External |
$90,000 |
$45,640 |
$360 |
$46,000 |
Art Coordination - Internal |
$0 |
$18,854 |
$26,146 |
$45,000 |
Art Installations and contingency |
$0 |
$0 |
$40,000 |
$40,000 |
Totals |
$500,000 |
$104,694 |
$395,306 |
$500,000 |
Steering Committee have endorsed two (2) amendments to the CPAC budget through the May 2020 and June 2020 Steering Committee meetings.
The CPAC budget in 2019-20 is currently $205,000 which is funded by $91K grants, $102K municipal funds and $12K external funding for the Chinatown Chirstmas Trails event. The CPAC budget has been reduced by $134,500, through a combination of various activations that were unable to proceed due to COVID-19 restrictions including the Discovery Festival. A further $20,000 is to be reduced as part of a reduction for the Chinatown Town Team budget from the current activation plan or a total reduction of $154,500. Consequently, the $91,000 grant funds initially allocated for CPAC activities are available for reallocation to the other components of the Project. It is proposed that this freed up grant funds be used to cover the $91,000 additional funds needed for project management as discussed below. Furthermore, there would be another $63,500 savings from municipal funds that have been freed up from the CPAC budget which can be used to offset the deficit arising from bringing forward $104,694 of the Chinatown Public Art project from 2020-21 to 2019-20.
The 2019-20 budget included $45,000 for Chinatown Project Management of which $25,000 was for communication consultant and another $20,000 for the project engineer. At the date of this report, there was a total expenditure of $76,206 and $46,604 of outstanding commitments or a total estimated cost of $122,810. Management best estimate and belief is that it would be reasonable to budget $136K for project management up to 30 June 2020 or a $91,000 increase to the existing budget of $45,000 which would be covered by the grants.
Council Officers have continued to meet FAA milestones and invoice for agreed funding from project partners. The table below identifies which funding has been received against each item of expenditure.
Item of Expenditure |
Budget ($) |
Invoiced |
Source of Funds |
Stage Two Streetscape Enhancement Detail Design |
$800,000 |
Nil |
The Recipient |
Short Street Streetscape Enhancements |
$4,482,500 |
$1,383,500 |
$500,000 The Recipient $3,982,500 The Department |
Napier Terrace Streetscape Enhancements |
$3,470,000 |
$1,560,000 |
$500,000 The Recipient $2,970,000 The Department |
Carnarvon Street North Streetscape Enhancements |
$3,020,000 |
$1,000,000 |
$1,000,000 The Recipient $2,020,000 The Department |
Smart Cities Enabling Items |
$300,000 |
|
The Department |
Chinatown Public Art |
$500,000 |
|
The Recipient |
Streeter’s Jetty Refurbishment |
$300,000 |
|
The Department |
Chinatown Transit Hub and Pocket Park |
$1,270,000 |
$500,000 |
$1,170,000 The Department $100,000 KDC |
Visitor Centre Amenities |
$150,000 |
|
The Department |
Place Activation Manager (18 months) |
$600,000 |
$300,000 |
$300,000 The Recipient $300,000 The Department |
Project Management, Administration, Audit and Reporting |
$757,500 |
$757,500 |
The Department |
Total Budget |
$15,650,000 |
$5,501,000 |
|
The Shire’s 2019-20 annual budget includes the following income and expense accounts relevant to the Project:
· Design consultants $800,000 – 100% funded from municipal funds
· Project management and administration $45,000 ($757,500 over the life of the Project) – 100% funded from DPIRD Grants
· Community and Place Activation Coordinator $205,000 ($600,000 over the life of the project) - $91,000 funded from DPIRD grants, $102,000 funded from municipal funds and $12,000 funded from other external grants
It is proposed for budget amendments to be made to recognise expenses attributed and forecast to 30 June 2020 towards Public Art and amendments endorsed through the Steering Committee to reallocate surplus funds from the CPAC budget (due to COVID-19 implications) to construction.
RISK
The Project continues to manage risks as it shifts from design to the procurement and construction phase. The current Risk Register has been provided (attachment 2).
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
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:
Retention and expansion of Broome’s iconic tourism assets and reputation
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees
VOTING REQUIREMENTS
That Council: 1. Receives the six-monthly update for the Chinatown Revitalisation Project Stage 2; 2. Adopts budget amendments to the 2019-20 Annual Budget to reflect forecast expenditure to 30 June 2020 for Chinatown Stage 2 Public Art and Chinatown Place Activation: (a) Increase Public Art Account Number 1367412 from $0 to $104,694; (b) Reduce Chinatown Place Activation Coordinator Account Number 136723 by $154,500; (c) Increase the Chinatown Project Management Account Number 1367221 by $91,000; 3. Notes the additional net deficit arising from the budget amendments mentioned above of $41,194 resulting in a revised forecasted overall deficit of $356,124 for the year ending 30 June 2020 which is less than the overall deficit threshold of $390,928 or 1% of Operating Revenues. 4. Requests the Chief Executive Officer, at the first quarter 2020-21 Finance and Costing Review, to amend the $104,694 budget that has been brought forward to 2019-20 for the Chinatown Public Art project. |
Cr F West moved a motion to amend the Report Recommendation. The amendment is underlined below.
|
Moved: Cr F West Seconded: Cr P Matsumoto That Council: 1. Receives the six-monthly update for the Chinatown Revitalisation Project Stage 2; 2. Adopts budget amendments to the 2019-20 Annual Budget to reflect forecast expenditure to 30 June 2020 for Chinatown Stage 2 Public Art and Chinatown Place Activation: (a) Increase Public Art Account Number 1367412 from $0 to $104,694; (b) Reduce Chinatown Place Activation Coordinator Account Number 136723 by $154,500; (c) Increase the Chinatown Project Management Account Number 1367221 by $91,000; 3. Notes the additional net deficit arising from the budget amendments mentioned above of $41,194 resulting in a revised forecasted overall deficit of $356,124 for the year ending 30 June 2020 which is less than the overall deficit threshold of $390,928 or 1% of Operating Revenues. 4. Requests the Chief Executive Officer, at the first quarter 2020-21 Finance and Costing Review, to amend the $104,694 budget that has been brought forward to 2019-20 for the Chinatown Public Art project. 5. Request the Chief Executive Officer to instruct staff to continue to listen to the Broome Chinese community regarding the appropriate location of their public art piece. |
The Chairperson moved an amendment to the Motion removing the wording ‘to instruct staff’ from point five(5).
|
(Report Recommendation) Minute No. C/0620/009 Moved: Cr D Male Seconded: Cr C Mitchell (JP) That Council: 1. Receives the six-monthly update for the Chinatown Revitalisation Project Stage 2; 2. Adopts budget amendments to the 2019-20 Annual Budget to reflect forecast expenditure to 30 June 2020 for Chinatown Stage 2 Public Art and Chinatown Place Activation: (a) Increase Public Art Account Number 1367412 from $0 to $104,694; (b) Reduce Chinatown Place Activation Coordinator Account Number 136723 by $154,500; (c) Increase the Chinatown Project Management Account Number 1367221 by $91,000; 3. Notes the additional net deficit arising from the budget amendments mentioned above of $41,194 resulting in a revised forecasted overall deficit of $356,124 for the year ending 30 June 2020 which is less than the overall deficit threshold of $390,928 or 1% of Operating Revenues. 4. Requests the Chief Executive Officer, at the first quarter 2020-21 Finance and Costing Review, to amend the $104,694 budget that has been brought forward to 2019-20 for the Chinatown Public Art project. 5. Request the Chief Executive Officer to continue to work with the Broome Chinese community regarding the appropriate location of their public art piece.
|
Reason: To ensure continued consultation with the Broome Chinese community regarding their public art piece.
Cr C Mitchell declared an Indirect Financial Interest in item 9.3.1, the reason being “I am a co-ordinator at Nature Animal Rescue Broome”.
Cr C Mitchell (JP) left the Chambers at 6:06 pm and remained outside of the Chambers while the item was being considered.
Cr F West left the Chambers at 6:09 pm.
SUMMARY: The Community Sponsorship Assessment Working Group met recently to consider applications for funding in accordance with the COVID-19 Community Support Grants Program 2019-2020. This report presents the recommendations of the Working Group and requests Council approves those recommendations and amends the 2019-2020 Annual Budget in accordance with Council Policy. |
BACKGROUND
The Community Sponsorship Assessment Working Group (CSAWG) is a formal working group established by Council to assess community sponsorship applications and make recommendations to Council for the funding of applications.
The members of this working group are Cr Mitchell, Cr Male, Cr Matsumoto, Cr Taylor and Cr Rudeforth.
The COVID-19 Community Support Grants Program has, in the 2019/20 financial year, replaced the Annual Community Matched Funding round as per Council resolution on 09 April 2020.
As the Matched Funding Round had already been advertised, officers worked to inform applicants and provide the opportunity to revise, defer or withdraw their requests dependent on the proposed project.
The COVID-19 Community Support Grants Program provides local community organisations (e.g. sporting clubs), not for profit groups, charities, and community service providers with a one-off grant ranging between $2,000 and $5,000.
Energy Developments Ltd has provided $10,000 in support of Council’s COVID-19 Community Support Grants Program.
The COVID-19 Community Support Grants Program consists of two (2) funding sources, as outlined in the table below:
· Shire of Broome available funds - $141,990; and
· Energy Developments Ltd - $10,000.
All dollar values quoted are ex GST and have been rounded.
The COVID-19 Community Support Grants Program is available for projects occurring between June 2020 and June 2021, with up to $5,000 available per application, to a maximum of 75% of total project costs.
The CSAWG prioritised projects where the applicant has satisfactorily addressed the community sponsorship guidelines.
COMMENT
Submissions for the COVID-19 Community Support Grants Program were received between 30 April and 20 May 2020.
A total of 17 applications were received, requesting a total of $72,276 in funding from an available $151,990.
The CSAWG met on 27 May 2020 and assessed applications in accordance with the funding guidelines.
The meeting was attended by the following members - Cr Mitchell, Cr Male and Cr Taylor.
Apologies were received from Cr Rudeforth and Cr Matsumoto.
Following consideration of the applications, the CSAWG resolved to recommend to Council to allocate $55,226 from the Shire’s Community Sponsorship Program towards the COVID-19 Community Support Grants Program.
The CSAWG’s recommendations, and additional comments, are shown below:
Organisation |
Initiative |
Amount |
Broome Tri Club |
Delivery of virtual programs. |
$3,439 |
West Australian Little Athletics Inc |
A regional event (conditional on provision of public liability insurance. Flights, accommodation and facilitator fees were not recommended for funding). |
$3,000 |
Nagula Jarndu |
Recording of cultural stories. |
$2,869 |
BAMA – Kimberley Girl |
Youth development workshops. |
$5,000 |
Broome Lotteries House |
A community event. |
$5,000 |
Broome Horse Riders Club |
Facility improvements for service delivery. |
$5,000 |
Broome Town Sports Club Inc |
Response to health requirements. |
$2,940 |
Kimberley Wildlife Rehabilitation |
Facility improvements for service delivery. |
$3,827 |
Kimberley Arts Network |
Innovative project delivery (recommended funding equivalent to 75% of the cash component of the project). |
$2,650 |
Broome Historical Society |
Facility improvements for service delivery. |
$4,250 |
Theatre Kimberley |
Innovative event delivery (recommended funding towards sets, props and permit / venue hire costs). |
$2,250 |
Broome Surf Life Saving Club |
Equipment to assist in service delivery. |
$5,000 |
Native Animal Rescue Broome |
Facility improvements for service delivery. |
$5,000 |
Broome Sports Association Inc |
Annual awards and recognition (some funds conditional on confirmation of catering costs and event attendance). |
$5,000 |
The following applications were deemed not to have met the criteria for funding and / or were not considered to be a priority for the purpose of this grant program:
· Sundowner Camel Tours – towards operational costs.
· Kimberley Authentic Art – towards community art sales.
· St John of God Outreach Services LTD (trading as Horizon House) – towards health program delivery.
Throughout the assessment process, members of the Working Group declared any relevant interests, as required.
· Cr Male declared an impartial conflict of interest to the Broome Tri Sports Club
· Cr Mitchell declared a conflict of interest to the Kimberley Wildlife Rehabilitation group, and Native Animal Rescue Broome
Any unallocated funds remaining at 30 June 2020, after allocation of both COVID-19 Community Support Grants and Ad-Hoc Sponsorships, will be placed in the ‘Community Sponsorship Program’ Reserve Account, to be quarantined for potential future COVID-19 funding rounds.
The Working Group noted not-for-profit and community groups in Broome may experience hardship for some time to come and recommended a further Shire funding round be considered for September 2020.
CONSULTATION
Applications and guidelines were available via the Shire of Broome website, and by contacting Shire Officers.
The COVID-19 Community Support Grants Program was advertised on the Shire of Broome website and Facebook page, through radio advertisements, and a direct marketing email campaign to the Shire’s community database.
Feedback and assistance was provided by Shire Officers to individual applicants to lodge applications.
STATUTORY ENVIRONMENT
Section 6.8 of the Local Government Act 1995 (expenditure from municipal fund not included in annual budget) requires Council to authorise in advance, by absolute majority, expenditure from its municipal fund for an additional purpose.
This report recommends Council, in accordance with Council Policy 3.4.2 (Community Sponsorship Program), transfer unallocated Community Sponsorship funds remaining as at 30 June, after allocation of both Annual and Ad-hoc sponsorships and external donations, to the Community Sponsorship Reserve (a total of $96,764).
The 2019-2020 Annual Budget does not include the transfer of funds to this Reserve Account other than interest earnings.
POLICY IMPLICATIONS
Policy 3.4.2 Community Sponsorship Program
The total value of successful applications is $55,226, broken down as $45,226 attributed to Council funds and $10,000 attributed to Energy Developments Ltd funds.
The remaining available funds, totalling approximately $96,764, will be transferred to the Community Sponsorship Reserve Account in accordance with Council Policy 3.4.2 – Community Sponsorship Program.
RISK
The following risks have been identified in relation to the options provided for Council’s consideration:
Risk |
Type |
Rank |
Mitigation |
Consistent and transparent process |
Reputational |
Low |
The applications are assessed by the CSAWG in response to the program criteria. Further communication regarding this process to be developed to increase the number of applicants submitting eligible projects. |
Perception of community impact |
Reputational |
Low |
Some applications were ineligible, due to not adhering to the criteria. Continue to assist applicants in the future and review application documentation. |
Use of unspent funds |
Reputational |
Low |
Funds proposed to be utilised in an additional COVID-19 Community Funding Program. |
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Responsible resource allocation
Effective community engagement
VOTING REQUIREMENTS
That Council: 1. Pursuant to Council Policy 3.4.2 – Community Sponsorship Program, approves the recommendation of the Community Sponsorship Assessment Working Group relating to the distribution of COVID-19 Community Support Grants Program funding to support the following applicants (a total of $55,226 (ex GST)), for the purposes and in the manner, as listed below: a) Broome Tri Club - $3,439 towards the delivery of virtual programs. b) West Australian Little Athletics Inc - $3,000 towards a regional event (Conditional on provision of public liability insurance. Flights, accommodation and facilitator fees were not recommended for funding). c) Nagula Jarndu - $2,869 towards recording of cultural stories. d) BAMA – Kimberley Girl - $5,000 towards youth development workshops. e) Broome Lotteries House - $5,000 towards a community event. f) Broome Horse Riders Club - $5,000 towards facility improvements for service delivery. g) Broome Town Sports Club Inc - $2,940 towards response to health requirements. h) Kimberley Wildlife Rehabilitation - $3,827 towards facility improvements for service delivery. i) Kimberley Arts Network - $2,650 towards innovative project delivery (recommended funding equivalent to 75% of the cash component of the project). j) Broome Historical Society - $4,250 towards facility improvements for service delivery. k) Theatre Kimberley - $2,250 towards innovative event delivery (recommended funding towards sets, props and permit / venue hire costs). l) Broome Surf Life Saving Club - $5,000 towards equipment to assist in service delivery. m) Native Animal Rescue Broome - $5,000 towards facility improvements for service delivery. n) Broome Sports Association Inc - $5,000 towards annual awards and recognition (some funds conditional on confirmation of catering costs and event attendance). 2. Pursuant to Council Policy 3.4.2 – Community Sponsorship Program, approves the recommendation of the Community Sponsorship Assessment Working Group relating to the distribution of COVID-19 Community Support Grants Program funding to not support the applicants, as listed below: a) Sundowner Camel Tours – towards operational costs. b) Kimberley Authentic Art – towards community art sales. c) St John of God Outreach Services LTD (trading as Horizon House) – towards health program delivery. 3. Pursuant to Section 6.8 of the Local Government Act (Expenditure from municipal fund not included in annual budget), and by an Absolute Majority, authorises the following additional expense: · Transfer to Reserve Account (Community Sponsorship Reserve) - $96,764 And amends the 2019-2020 Annual Budget as below: a) Increase Transfer to Reserve Account (Community Sponsorship Reserve) by $96,764 and b) Decrease Community Sponsorship Program Expense by $96,674 To reflect unallocated annual funds associated with the Community Sponsorship Program. |
Cr N Wevers moved a motion to amend the Report Recommendation. The amendment is shown underlined below in the Council Resolution.
(Report Recommendation) Minute No. C/0620/010 Moved: Cr N Wevers Seconded: Cr D Male MOTION: That Council: 1. Pursuant to Council Policy 3.4.2 – Community Sponsorship Program, approves the recommendation of the Community Sponsorship Assessment Working Group relating to the distribution of COVID-19 Community Support Grants Program funding to support the following applicants (a total of $55,226 (ex GST)), for the purposes and in the manner, as listed below: a) Broome Tri Club - $3,439 towards the delivery of virtual programs. b) West Australian Little Athletics Inc - $3,000 towards a regional event (Conditional on provision of public liability insurance. Flights, accommodation and facilitator fees were not recommended for funding). c) Nagula Jarndu - $2,869 towards recording of cultural stories. d) BAMA – Kimberley Girl - $5,000 towards youth development workshops. e) Broome Lotteries House - $5,000 towards a community event. f) Broome Horse Riders Club - $5,000 towards facility improvements for service delivery. g) Broome Town Sports Club Inc - $2,940 towards response to health requirements. h) Kimberley Wildlife Rehabilitation - $3,827 towards facility improvements for service delivery. i) Kimberley Arts Network - $2,650 towards innovative project delivery (recommended funding equivalent to 75% of the cash component of the project). j) Broome Historical Society - $4,250 towards facility improvements for service delivery. k) Theatre Kimberley - $2,250 towards innovative event delivery (recommended funding towards sets, props and permit / venue hire costs). l) Broome Surf Life Saving Club - $5,000 towards equipment to assist in service delivery. m) Native Animal Rescue Broome - $5,000 towards facility improvements for service delivery. n) Broome Sports Association Inc - $5,000 towards annual awards and recognition (some funds conditional on confirmation of catering costs and event attendance). 2. Pursuant to Council Policy 3.4.2 – Community Sponsorship Program, approves the recommendation of the Community Sponsorship Assessment Working Group relating to the distribution of COVID-19 Community Support Grants Program funding to not support the applicants, as listed below: a) Sundowner Camel Tours – towards operational costs. b) Kimberley Authentic Art – towards community art sales. c) St John of God Outreach Services LTD (trading as Horizon House) – towards health program delivery. 3. Pursuant to Section 6.8 of the Local Government Act (Expenditure from municipal fund not included in annual budget), and by an Absolute Majority, authorises the following additional expense: · Transfer to Reserve Account (Community Sponsorship Reserve) - $96,764 And amends the 2019-2020 Annual Budget as below: a) Increase Transfer to Reserve Account (Community Sponsorship Reserve) by $96,764 and b) Decrease Community Sponsorship Program Expense by $96,674 To reflect unallocated annual funds associated with the Community Sponsorship Program; and 4. Consider an extra funding round prior to 31 December 2020 to use the unallocated funds from this round. |
Reason: To ensure that unspent funds (approximately $96,764) is used for the same purpose, as detailed under the ‘Financial Implications’ section of this report.
Cr F West returned to the Chambers at 6:11 pm. Cr C Mitchell returned to the Chambers at 6:11 pm. The resolution passed was read out by the Chairperson for the returning Elected Members.
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: Council is requested to consider adopting the Shire of Broome 2020-21 Annual Budget comprising the following: 1. The 2020-21 Differential Rates, Minimum Payments and Instalment Payment Arrangements; 2. The 2020-21 Fees and Charges Schedule; 3. The 2020-21 Elected Member Sitting Fees and Allowances; 4. The 2020-21 Municipal Fund Budget; and 5. The Materiality Threshold for variance reporting for 2020-21. |
BACKGROUND
Previous Considerations
OMC 12 December 2019 Item 9.4.3
OMC 30 April 2020 Item 9.4.2 and 9.4.3
2020-24 Corporate Business Plan
All local governments in Western Australia are required to develop a Plan for the Future as prescribed under section 5.56(1) of the Local Government Act 1995 (the Act). In 2011, amendments were made to the Local Government (Administration) Regulations 1996 (Admin Regs), specifically the inclusion of Regulation 19BA, which in summary, states that a Plan for the Future is to incorporate a Strategic Community Plan (SCP) and a Corporate Business Plan (CBP).
The CBP is responsible for translating the strategic direction of the Shire, articulated within the SCP, into specific priorities and actions at an operational level. The CBP also draws together activities contained within the Long Term Financial Plan (LTFP), Capital Works Programs, Asset Management Plan and various informing strategies. It provides a 4-year snapshot of operational actions and priorities to inform the annual planning and budgeting process.
The CBP is required to be reviewed annually in line with the budget process to ensure priorities are achievable and effectively timed. The 2020-24 CBP was adopted by Council at its Ordinary Meeting held 12 December 2019. The LTFP is the monetary translation of the CBP encapsulating operating, capital, investing and financing activities. The annual Budget is then guided by the high-level projections embodied in the LTFP.
2020-21 Differential Rates, Minimum Payments and Instalment Payment Arrangements
The purpose of levying rates is to meet Council’s budget requirements in each financial year to deliver services and community infrastructure. The rates levied are determined by applying the rate in the dollar to the applicable valuation amount of the properties. The Minister for Local Government and Communities (the Minister) determines the methods of land valuation, with the actual valuation provided by the Valuer General’s Office (VGO).
The application of differential rates takes into consideration section 6.33 of the Act, which provides the ability to differentially rate properties based on zoning or land use as determined by the local government. Section 6.35 of the Act also provides the ability to impose a minimum payment which is higher than the general rate, which would otherwise be payable on that land. The application of differential rating based on land use or zoning results in a rate in the dollar and minimum payment amounts for each rating category.
Fees and Charges
Per sections 6.16 to 6.19 of the Act, a local government may impose a fee or charge for any goods or services it provides. Fees and charges must be imposed when adopting the annual Budget. However, it may also be imposed or amended during the year if necessary.
Elected Members Sitting Fees 2020-21
The Admin Regs prescribe minimum and maximum amounts for Councillor Fees and Allowances. Councillor Sitting Fees and Allowances are also reviewed annually by the Salaries and Allowances Tribunal and as part of the budget development process.
Municipal Fund Budget 2020-21
Under section 6.2(1) of the Act and Local Government (Financial Management) Regulations 1996 (FMR), Council is required to prepare and adopt an annual budget for each financial year. The legislation prescribes the form and content of the annual Budget, which is required to include statements of income, cash flow and rates setting.
Materiality Threshold
Each financial year, a local government is to adopt a percentage or value, calculated under the Australian Accounting Standards (AASB), to be used for reporting material variances in the monthly statement of financial activity under AASB 1031 Materiality and FMR 34(5).
The Materiality Threshold is an internal control measure that prevents financial loss caused by an omission, misstatement or non-disclosure of financial information. The Materiality Threshold also minimises administrative inefficiency, ensuring only those variances that represent a medium or high-level risk are reported to management and Council.
COMMENT
2020-24 Corporate Business Plan
The following workshops were held with Council leading into the finalisation of the 2020 -2024 CBP which informed the preparation of the 2020-21 Municipal Fund Budget (the Draft Budget):
· 19 November 2019 Council LTFP Workshop to review the updated LTFP focusing on capital projects to be undertaken over the next four-year period, 2020-2024.
· 10 December 2019 Council CBP Review Workshop held to finalise the CBP review process, including 4-year balanced LTFP confirming the capital projects to be budgeted in 2020-21.
· 12 December 2019 Council adoption of the CBP and balanced four-year LTFP.
The following key assumptions have been applied in developing the 2020-2035 LTFP:
· The 2019-20 adopted budget was adjusted by removing the effects of one-off activities not expected to recur in future years. This provides for baselined operating figures used in the LTFP model.
· Capital projects identified in the LTFP adopted by Council on 12 December 2019 were included for the financial years 2024-2035.
· 2% rates increase across all years, which includes 0.50% growth.
· 2% increase in all other recurring operating income and expenses.
· 1.9% annual interest rates.
· Surplus-deficit funds relating to the Waste Management Facility redirected to the Regional Resource Recovery Park reserve account.
· Any remaining surplus is transferred to reserves with significant drawdowns forecast in future years. Resulting surpluses have been transferred to the Public Open Space Reserve for purposes of the LTFP, but the actual reserve transfers are subject to an annual review of the CBP.
The CBP endorsed in December 2019 included the first four years of the LTFP.
2020-21 Differential Rates, Minimum Payments and Instalment Payment Arrangements
2020-21 Proposed Differential Rates
As part of the annual budget process, Council must determine the general rate in the dollar and minimum payments for the 2020-21 financial year. Council has recognised the unfavourable economic climate imposed by the COVID-19 pandemic, and the resultant challenges and hardship expected. Council has subsequently targeted a 0% general rate change for all differential rating categories.
Following deliberations and feedback provided at the Council Budget Workshop held 31 March 2020, it was identified that $23.15M of rate revenue was required to achieve a balanced budget in 2020-21 while maintaining a 0% rate change.
As a result of Council's decision to freeze rates at 0%, there has been no adjustment to any of the differential rate category Rate in the Dollar (RID) values in 2020-21 with RID remaining the same as 2019-20. The proposed RID for each rating category is summarised in the table below.
Differential Rate Category |
Minimum Payment Proposed |
Rate in the $ (Cents) Proposed |
Change from 2019-20 |
GRV – Residential |
$1,220 |
10.8224 |
0% |
GRV – Vacant |
$1,220 |
19.8104 |
0% |
GRV – Commercial-Industrial |
$1,220 |
11.2119 |
0% |
GRV – Tourism |
$1,220 |
14.6665 |
0% |
UV – Rural |
$1,220 |
0.7623 |
0% |
UV – Mining |
$500 |
11.7729 |
0% |
UV – Commercial Rural |
$1,220 |
3.1875 |
0% |
The Proposed Minimum Payments
As part of the Annual Budget process, Council is required to determine the Minimum Payment for each Differential Rating Category for the 2020-21 financial year.
The setting of minimum rates within rating categories recognises that every property within the district receives some minimum level of benefit from the works and services provided by the Shire, which is shared by all properties regardless of size, value and use. A proposed minimum payment of $1,220 has been applied to all rating categories except for the UV-Mining category, which has been set at $500.
The UV of the 70 mining tenements ranges from $15 to $423,000 with an average UV of $17,224. The minimum rate for the UV-Mining category is set at a lower level compared to the other rating categories to ensure that the rate burden is distributed equitably between all other property owners paying the minimum amount. A lower minimum payment will also ensure that less than 50% of the properties in this category are on the minimum rate and comply with section 6.35 of the Act.
Required Notice for Differential Rates and Minimum Payments and Ministerial Approval
Section 6.36 of the Act requires local governments seeking to impose differential rates or minimum payments to give local public notice and seek submissions for a minimum of 21 days, and then consider these submissions before imposing rates.
A document describing the objects of, and the reasons for, each proposed rate must also be prepared and published on the local government website. Furthermore, section 6.33 and 6.35 of the Act require the Minister’s approval to impose:
· Differential rates more than twice the lowest differential rate in the UV – Mining and UV – Commercial rating categories; and
· A minimum payment on vacant land where more than half of the number of properties are on the minimum payment.
The Local Government (COVID-19 Response) Order 2020 (the COVID Order) states that local governments resolving to set differential rates and minimum payments at a level no higher than that imposed in 2019-20 are no longer required to comply with the provisions of section 6.33, 6.35 and 6.36, subject to the following conditions:
· Ministerial approval was obtained for the same differential rates and minimum payments in 2019-20; and
· Differential rates and minimum payments are published on the local government’s official website.
As no increase has been proposed to the RID for any differential rating category, Council qualifies for the abovementioned exemptions.
The timing of the publication of the COVID Order in the Government Gazette occurred after Council had advertised the 2020-21 proposed differential rates. Public notice inviting submissions on the proposed differential rates and minimum payments were placed in The West Australian on 2 May 2020 and the Broome Advertiser on 7 May 2020. Copies of the public notice were posted to notice boards located at the Shire Administration Centre and Library on 30 April 2020. A media release about the intention to impose differential rates and minimum payments was also published on the Shire’s website immediately after the April OMC.
The submission period was left open for 21 days and closed at 4 pm, Monday, 25 May 2020. No submissions were received.
It should be noted that had the COVID Order been published before the 30 April 2020 Ordinary Meeting of Council (OMC), the Shire wouldn’t have proceeded with the local public notice process.
Instalment Interest, Penalty Interest and Other Administration Fees
Under section 6.45 and 6.51(1) of the Act, Council can charge interest on unpaid rates and rates paid on an approved instalment plan. The maximum interest rate for outstanding rates and other monies owed to Council is prescribed by Regulation 70 of the FMR and is currently 11%. Instalment interest is set at 5.5% of the prescribed rate under FMR 68.
Under FMR 67, instalment charges are set to provide full or partial reimbursement of administration costs. The individual instalment transaction fee of $10.00 is set to reflect the administration cost in handling the 2 or 4 instalment options provided to ratepayers.
A nominal $50.00 fee is proposed for administration costs incurred when actioning requests to enter into alternative payment arrangements which demand significant time for officers to process. The charge has been formulated to offset administration costs partially.
The COVID Order recognises the substantial hardship likely to be caused to many ratepayers because of the pandemic. Consequently, local governments will be unable to charge interest on overdue rates or service charges to persons deemed to be suffering from COVID-19 hardship for the 2020-21 financial year.
Local governments with an endorsed COVID-19 Financial Hardship Policy can charge 5.5% instalment interest and up to 8% penalty interest to ratepayers who are not in hardship. Local governments that do not have such a policy may only charge up to 3% instalment interest.
At its Special Meeting held 9 April 2020 Council adopted its COVID-19 Financial Hardship Policy. Council also resolved to waive 2020-21 rates payment arrangement fees and interest for ratepayers.
Officers are proposing $0 fee and 0% interest rate is applied to Rates Instalments / Payment Arrangements. Officers are also recommending an 8% penalty interest rate is applied on outstanding rates owed by ratepayers not qualifying for relief under Council’s COVID-19 Financial Hardship Policy.
Due Dates for the Payment of Rates and Treatment of Non-Payment of Debts
To maintain consistency with previous years, the due dates for the payment of rates are proposed as per below:
Payment Due Date |
|
Proposed rate notice issue date: |
16 July 2020 |
Full Payment
|
20 August 2020 |
Two Instalment Option First instalment Second and final instalment |
20 August 2020 7 January 2021 |
Four Payment Option First instalment Second instalment Third instalment Fourth and final instalment |
20 August 2020 22 October 2020 7 January 2021 11 March 2021 |
Council has previously raised the option of “pushing back” the rates payment due dates to offset the financial impact on ratepayers. Officers caution against this approach as deferring due dates will only reduce the amount of time ratepayers have to settle their outstanding rates. This approach will also impact available cashflows early in 2020-21 and given the as yet unknown impact of COVID-19 on rates, may result in a shortfall in funds required to deliver budgeted projects and services.
Officers instead recommend continuing with the model used in previous years, noting there are no financial penalties for ratepayers entering into Rates Payment Arrangements which enable them to meet their obligations by year-end.
UV Commercial Rural Revaluations
A Pastoral Lease Rent Review was undertaken by Landgate (Valuer Generals Office, VGO) in July 2019. This involved a detailed review of property valuations. Following the review, valuations for pastoral properties increased significantly in the Kimberley (by an average of 327%). That increase has significantly impacted pastoral properties in the UV – Commercial Rural rating category. Applying the same UV – Commercial Rural differential rates as 2019-20 will result in a significant increase in rates for these properties due to the increased property valuations.
During the Pastoral Lease Rent Review, the VGO consulted with the Pastoral Lands Board and also engaged extensively with pastoralists and industry bodies during and after the review. Recognising the financial impact on pastoral lessees, the State Government phased in the new rents over three years, with a 20% increase applied in year 1, a further 20% in year two (totalling 40%) with the full amount due in year 3.
Following the Pastoral Lease Rent Review, property valuations for the 13 pastoral properties in the UV – Commercial Rural differential rating category increased by a total of $11.9M to $37M. This change translates to an increased rates yield of $397K and takes the total category yield from $358K up to $756K. Individually, rates for pastoral properties have increased by anywhere from 124% up to 419%, with the lowest dollar increase amounting to $9k, and the highest increase being $91K.
Council considered several options to reduce the impact of the increase in property valuations:
Option 1: Follow the State lead by phasing the increase through concessions with a 20% increase in year one, followed by a further 20% in year two and the final 60% in year 3. This option would result in a $105K increase in rate yield in year 1, a further $114K increase in year 2 and $183K in year 3.
This approach would not require changes to the RID and would maintain the Shire exemption regarding local public notice. It would also avoid a deviation from Council’s standard valuation-based approach to rate-setting.
Following the State’s approach will be consistent with the expectations of affected Pastoralists as extensive consultation has already occurred. There would also be no unintended impact on the remainder of properties in the category. This approach will generate additional revenue to offset potential 2020-21 rates losses from the COVID-19 pandemic but may be viewed adversely by Pastoralists following the commitment from Council to “freeze rates”. While the RID will not change, increased valuations will see significant increases in rates due.
Option 2: Revise the UV – Commercial Rural rate in the dollar to yield the same rates as 2019-20.
This approach avoids any financial impact on pastoralists while maintaining the Shire’s exemption from providing local public notice. It will, however, create an unintended effect on other non-pastoral properties in the category. One pastoralist will have reduced rates, one horticultural property will have a rate reduction of $20K, and all pearling leases will experience a rates reduction. This approach will deviate from Council’s standard valuation-based approach to rate-setting and will result in the Shire permanently foregoing rates revenue.
Following deliberations and feedback provided at the Council workshop held 26 May 2020, officers recommend retaining the 2019-20 RID for the UV – Commercial Rural category while providing a 20% concession phased in over 5 years for affected ratepayers within that category.
It is proposed to apply concessions to the affected pastoral properties as follows:
· 2020-21 – 20% increase on 2019-20 rates
· 2021-22 – 40% increase on 2019-20 rates
· 2022-23 – 60% increase on 2019-20 rates
· 2023-24 – 80% increase on 2019-20 rates
· 2024-25 – 100% increase on 2019-20 rates.
Concessions would need to be reassessed should a reduction in property valuation occur in any year before the end of 2024-25.
This change reflects the approach taken by the State in softening the increase in the valuation of the pastoral properties through concessions, however, takes a more compassionate approach by introducing the increase over a 5 year period.
2020-21 Fees and Charges
Council has targeted a 0% increase in fees and charges revenue. In reviewing the fees and charges for 2020-21, officers have focused on verifying the following:
· the legislative head of power for all fees and charges;
· whether the fee and charge are regulated or otherwise;
· for non-regulated fees and charges:
o the full cost recovery;
o the rationale for the price;
o how important the fees and charges are to the community;
o market competitiveness and regard to the current economic climate; and
· GST applicability.
A workshop was held with Council on 12 March 2020 to review the draft Schedule of Fees and Charges which was attended by Councillors Male, West and Matsumoto.
Minor changes have been made to the 2020-21 Schedule of Fees and Charges, primarily relating to refuse charges at the Waste Management Facility. Changes are summarised below:
· Free skip bins for pensioners;
· The existing six free waste passes have been provided for in the Fees and Charges Schedule;
· Not for profit and charitable organisations are offered a reduced commercial waste charge;
· Several fees have been reduced to encourage recycling (i.e. bins, car tyres, domestic waste brought in by household cars, utility vehicles or trailers);
· Several fees have been reduced to encourage the sorting of commercial steel, tiles, bricks and wood; and
· Medical, quarantine and asbestos waste have been consolidated with the fee reflecting the cost recovery associated with the cost of handling the waste.
Council endorsed the 2020-21 Fees and Charges Schedule at the OMC held 30 April 2020. This early endorsement allowed officers to communicate proposed changes to impacted community members and commercial operators before Council considering the adoption of the Fees and Charges Schedule in June 2020.
After the endorsement of the 2020-21 Fees and Charges at the April OMC, it was proposed that the following fees apply for Broome Civic Centre ticket prices to correct an error in the Fees and Charges Schedule, ensure compliance with the Act in setting fees and charges and to align the costs with the size of the performance and the audience targeted. Consequently, the endorsed 2020-21 Fees and Charges Schedule for adoption has been updated.
Performance |
Audience Sector |
GST INC Maximum Charge |
Small Shows |
Adult |
$65.00 |
Child |
$45.00 |
|
Family-Group pass (2 Adults & 2 children) |
$180.00 |
|
Concession |
$50.00 |
|
School groups |
$12.00 |
|
Large Shows |
Adult |
$100.00 |
Child |
$60.00 |
|
Concession |
$80.00 |
|
Family-Group pass (2 Adults & 2 children) |
$250.00 |
|
School groups |
$40.00 |
|
Definition guide: · Small shows such as – Solo performers, local, or lower-cost productions. · Large shows such as – Operas, Ballet, state-national-international tours, or higher value productions. · Child – 12 years and under · Concessions such as – Full-time students, Seniors and Government Concession Card Holders. |
Fees and charges imposed for Council services are either statutory fees or charges for the provision of goods and-or services. There are many regulatory fees determined under legislation other than the Act, which dictates the level of fees that may be imposed by the Council.
Fees prescribed in Schedule 2 of the Building Regulations 2012 (the Building Regs) remained the same as last year, which corresponds to the fees published in the Government Gazette in June 2017. At the date of this report, the Shire became aware that the Department of Mines, Industry Regulation and Safety (DMIRS) is seeking approval for a 5% increase to minimum building application fees under Schedule 2 of the Building Regs. However, the timing of the approval cannot be reasonably ascertained at this time. The increase, if approved, will not come into effect until after 1 July 2020.
Should subsequent updates and changes to these statutory fees be received after adoption of the 2020-21 Fees and Charges Schedule, the new amount will apply and take effect from 1 July 2020.
The 2020-21 Fees and Charges Schedule is proposed to take effect from 1 July 2020 except for fees and charges set under section 53 of the Cemeteries Act 1986 (Cemeteries Act). Fees as per the Cemeteries Act will come into effect after 14 days notice is given in the Government Gazette.
Forecast 2020-21 budget revenue generated through Council charges, licences and statutory fees (excluding rent income and fines) is $8.2M, which is $200K lower than the $8.4M budgeted in 2019-20. The decrease is mainly attributable to the overall reduction of waste volume at the waste management facility. There has also been a reduction in kerbside commercial waste collection following many businesses opting to engage a contractor in place of the Shire service.
The report seeks Council adoption of the 2020-21 Fees and Charges Schedule as part of the annual Budget.
Elected Members Sitting Fees 2020-21
On 8 April 2020, the Salaries and Allowances Tribunal (the Tribunal) issued a determination about Local Government Elected Members and Chief Executive Officers (CEOs). The Tribunal determined that there will be no increase in the remuneration, fees, expenses or allowances provided to CEOs and Elected Members.
Historically, Council resolved to set the Councillor sitting fees, the President and Deputy President allowances at 75% of the maximum allowable limit. It is recommended that the proposed Councillor sitting fees, President and Deputy President allowances are based on 75% of the maximum allowable limit for Band 2 local governments in line with the percentage set by Council since 2014 - 2015. The option remains for Council to set the allowances up to 100% of the maximum fee set by the SAT. Allowances for ICT and Travel are proposed to stay at 100% of the maximum allowable limit.
The following table provides a comparative summary of the proposed Councillor sitting fees and allowances for 2019-20 and 2020-21. GST does not apply to Councillor sitting fees and allowances:
2019-20 |
2020-21 Proposed |
Maximum Limit |
% of Maximum |
|
Sitting Fee – President |
$23,361 |
$23,361 |
$31,149 |
75% |
Sitting Fee – (x 8 Councillors) |
$17,423 |
$17,423 |
$23,230 |
75% |
Allowance – President |
$47,515 |
$47,515 |
$63,354 |
75% |
Allowance – Deputy President |
$11,879 |
$11,879 |
$15,839 |
75% |
ICT Allowance – (x9 Councillors) |
$3,500 |
$3,500 |
$3,500 |
100% |
Travel Allowance – (x9 Councillors) |
$50 |
$50 |
$50 |
100% |
The total of proposed Councillor Sitting Fees and Allowances paid for 2020-21 is $254,086.
Council is requested to adopt the 2020-21 proposed Councillor Sitting Fees and Allowances as part of the Annual Budget adoption.
2020-21 Municipal Fund Budget
The Balanced Budget
Ordinarily, budgets are developed with regard for Council’s adopted CBP and LTFP (including AMP and Workforce Plan). Aside from these plans for the future, the Draft Budget also considered the more pressing consequences of the COVID-19 pandemic and the need to stimulate the local economy while maintaining a general rate and fees and charge increase of 0%.
The following workshops were held with Council leading into the preparation of the Draft Budget:
· 12 March 2020 – Draft Fees and Charges and Operating Budget Workshop
· 1 March 2020 – Capital Budget Workshop including the review of Project Briefs, Plant Replacement and Rates Information
· 26 May 2020 – Council workshop was held to discuss the impact of the change in valuation of pastoral properties within the UV Commercial Rural rating category.
The following adjustments have been made following the 26 May Council Workshop to finalise the Draft Budget:
· Concessions recommended for affected UV – Commercial Rural ratepayers with increase in rates against 2019-20 limited to a 20% increase in 2020-21, 40% in 2021-22, 60% in 2022-23, 80% in 2023-24 and 100% in 2024-25;
· New Property Maintenance Officer position included with corresponding increase in employment expenses. This increase has been offset by corresponding reductions in various 2020-21 budget line items relating to contracted property maintenance services;
· Increase in the expenditure and revenue budget for the McDaniel Road project and related budget grant funding (following approval to bring forward grants from both Roads to Recovery and Regional Roads Group);
· Adjustments to offset the impact of any internal cost allocations to capital projects;
· The Waste Management Facility is presented to Council as a balanced budget by reducing corporate overhead allocation.
Executive staff have endeavoured to prioritise objectives within the context of a balanced budget. The principles and assumptions applied in developing the Budget include:
· Operating costs have been set using zero-based costing principles or in line with CPI.
· Salaries and Wages increases set as per Enterprise Bargaining Agreements (EBA) or contract market rates. The Shire is in the process of amending the Inside Staff EBA to freeze annual increases for 2020-21 at the date of this report. The outcome, however, cannot be ascertained at this time. Any amendments required following this process will be carried out at the first quarter Finance and Costing Review (FACR) in 2020-21.
· A 0% change for all Differential Rating Categories has been taken into account. This compares to the previous year’s general increase of 1.75%. The Minimum Payments for UV Mining have been set at $500 with all other categories proposed to remain at $1,220. The LTFP provided for a 2% rate increase which incorporates a minor percentage for growth rate.
· A 0% change in Fees and Charges.
There have been several influences on the Draft Budget with the following of note:
· Interest income is 5% lower due to low interest rates. Interest income is also expected to be adjusted down in the future FACRs when the impact of COVID-19 hardship assistance around waiver of interest is ascertained;
· Other revenue is within comparative 2019-20 levels ($1.1M) mostly relating to reimbursement and recoupment of various expenses;
· Materials and contracts are 4% less than 2019-20, mainly due to a slightly reduced capital project schedule;
· Power and water costs are within comparable levels with 2019-20 ($1.9M). The Shire has contained utility expenses through the use of LED lights and controlled switching of lighting and reticulation;
· A focus on relieving staff with costs reduced from $427K in 2019-20 down to $212K in 2020-21;
· Higher interest expenses (12%) due to anticipated loans for Town Beach, Broome Golf Club Self-Supporting Loan and Chinatown Revitalisation Project Stage 2;
· Other expenditure is within comparable level with 2019-20 ($3M).
The organisational staffing structure has been contained, resulting in a minimal increase in salaries and wages of less than 2%. All vacancies arising during the year have been objectively assessed as to whether the position could be reclassified at a lower level or removed entirely. One new position for the Property Maintenance Officer has been introduced in the 2020-21 financial year with employment costs offset by corresponding reductions in property maintenance contracts.
Council should also note that in 2019-20, the Shire received a $10K grant through the Department of Sport and Recreation (the Department) for the Club Development Officer position. Officers have applied for funding in 2020-21 to continue to fund the role. The Shire has budgeted for this role despite the lack of funding commitment.
The Draft Budget includes the Budget of the Kimberley Regional Collaborative Group (Zone KRG) with an operating income of $263K, operating expenditure of $289K and $26K of net Transfer from the Kimberley Zone Reserve to balance the Budget. The Zone KRG budget is funded through contributions from member local governments and has a nil impact on the Draft Annual Budget.
Projects of interest proposed in 2020-21 include initiatives such as;
· Chinatown Revitalisation Stage 2 - $13.93M
· Broome Surf Life Saving Clubroom Redevelopment - $3.22M
· Road and Carpark Upgrades - $1.8M
· Reserve funds for future renewals of various assets - $1.5M
· Plant Replacements - $1.48M
· BRAC Works - $1.42M
· Dampier Terrace Transit Hub - $1.3M
· Parks and Gardens Shed extension - $98K
· Parks and Garden per the asset management plan - $310K
· Smart Cities Enabling Items - $300K
· ICT Renewals and Projects - $238K
· Building Renewals - $221K
· State Black Spot Port Drive Children's Crossing - $206K
· Streetlight Upgrades - $200K
· Buckley's Road Waste Facility Capping and Rehabilitation - $200K
· Conti Foreshore Shared Path - $144K
· Review Local Planning Strategy and Scheme - $140K
· Cemetery Ablution Block - $136K
· Dakas Reserve Landscape Stage 2 - $88K
· Development of Public Health Plan - $72K
· Dinosaur Interpretation Plan Feasibility $60K
· McMahon Estate Business Case - $60K
· Air Raid Memorial - $50K
· Review of the Strategic Community Plan and Corporate Business Plan - $50K
· Events Development and Delivery - $49K
· Review and update of the Asset Management Plan - $25K
· Youth development and Youth Advisory Council initiatives in 2020 - $20K
In macro dollar terms, Council will invest (excluding carryovers) in capital asset acquisition, construction, upgrades and renewal activities including;
· $4.1M for buildings works
· $14.5M for roads, drainage, footpaths, parks and other infrastructure works
· $1.8M of fixed, mobile plant, furniture and equipment
· $5.6M for recreation and other infrastructure
· $800K of other additional operating activities.
Funding for the above capital activities is derived from $15.7M in grants, external contributions of $1.2M, $5.8M of municipal funds, $2M of reserve funds and $2.1M of borrowings.
In terms of overall expenditure, the key statutory programs and activities of the Shire include:
Recreation & Culture |
$12.8M |
Community facilities, Public Library, swimming areas and beaches, cultural events, Civic Centre and BRAC |
Community Amenities |
$10.2M |
Rubbish and recycling collection, waste management, stormwater drainage, town planning, environmental protection and litter control |
Economic Services |
$17M |
Economic initiatives, provision of tourism and visitor services, building control and swimming pool inspections and caravan parks facilities |
Transport |
$8M |
Roads, kerbing, footpaths, car parks, verges, parking control, street lighting, bus shelters and facilities and flood damage |
Other Properties & Services |
$3.1M |
KRO, community facilities, cafe-restaurants, Records and ICT management, corporate services, private works and other infrastructure operations |
Governance |
$2.1M |
Civic and citizenship activities, community sponsorship programs, promotion and engagement, Sister City relations, and youth development |
Law, Order & Public Safety |
$4.4M |
Legislative compliance and local laws enforcement, ranger operations, fire prevention, emergency planning and services and animal control |
Education & Welfare |
$533K |
Community development programs, community safety, crime prevention, not for profit organisation support and community engagement and events |
Health |
$616K |
Public health regulation and inspections, food premise licensing, mosquito and pest control and commercial pool inspections |
General Purpose Funding |
$393K |
Management of the Shire’s grants, rates review initiatives and debt-revenue management and control |
In total, the Shire is investing $59M in Broome and the broader community in 2020-21.
The Draft Budget itself is in statutory form. It includes statutory statements and notes, supporting program schedules and appendices, including the organisational structure and is presented for Council consideration and adoption.
2019-20 Budgets Carried Over to 2020-21
The Draft Budget has a predicted net carried forward balance of $2,226,546. The majority of this carried forward balance included $1,382,467 of Financial Assistance Grants Scheme (FAGS) received in advance before the end June 2020 and estimated to be approximately 50% of the annual allocation for 2020-21.
Carryovers also included operating, and capital works projects that have started but are not expected to be complete by 30 June 2020. These incomplete projects have been included in the Draft Budget as ‘recounted projects’ requiring $844,079 of municipal funds, net of grants, borrowings or reserve funding. Some of the significant carryover projects are identified below:
· $8,232,488 Town Beach Jetty, Greenspace and Waterpark project ($7,867,708 grant funding);
· $4,482,497 Broome Golf Clubhouse Redevelopment ($4,482,497 grant funding)
· $553,594 Broome Volunteer Bushfire Brigade Building and $224,000 Bush Fire Shed ($553,594 grant funding);
· $250,000 glass crusher fully funded by reserves; and
· $150,000 Herbert-Saville Project ($222,835 grant funding).
The total gross expenditure for all projects as detailed in the 2019-20 Carryover Summary Schedule (Attachment 7) is $16,271,614. These carried over projects are funded by $15,427,535 from various funding sources such as the respective reserve funds for each asset-program class, grants and developer contributions. The balance after these funding sources is an $844,079 municipal fund impact.
Commonwealth Financial Assistance Grants Scheme
The FAGS program consists of two components:
· A general-purpose component which is distributed between the States and Territories according to population (i.e. on a per capita basis) and the Consumer Price Index (CPI); and
· A local road component which is distributed between the States and Territories according to fixed historical shares.
Both components of the grant are untied in the hands of local government, allowing councils to spend the grants according to local priorities.
FAGS are a vital part of the revenue base of all local governments with total base funding of $2.3 billion provided annually by the Federal Government under this essential program.
The Federal Government’s decision in the 2014 Federal Budget stopped the indexation of FAGS for three years beginning in 2014-15. The Shire of Broome’s FAGS funding has gradually been reduced by over $800K since 2011-12. While the indexation has been restored to the General Purpose Grant pool effective from 2017-18, it will take some time until allocations return to 2011-12 levels.
On 22 May 2020, the Federal Government agreed to bring forward partial payments from the 2020-21 year, to be paid in June 2020. The WA Local Government Grants Commission (WALGGC) has advised that a total of $1,382,467 allocation for 2020-21 is to be received in advance. At the date of this report, the amount of advance payment has yet to be received. It is likely that this early payment will be received by the end of June 2020 and will form part of the carried forward balance of the Draft Budget. Any deviation from this amount will be addressed as a budget amendment in 2020-21.
While FAGS are paid through each State’s Local Government Grants Commission, the funding originates from the Commonwealth, and it must be recognised as such. Council has been requested to pass a resolution acknowledging the importance of the Commonwealth's FAGS in assisting Council to provide essential community infrastructure.
Council is also requested to acknowledge the receipt of FAGS from the Commonwealth in media releases and Council publications, including the annual report. Council is also asked to highlight to the media a significant Council project of similar cost to the FAGS funding received to reiterate the importance and impact of the grants.
The significant contribution made by the Commonwealth through its FAGS funding, amounting to over $2M annually, is acknowledged. These funds are utilised to achieve the Shire’s annual and long term strategic objectives as well as deliver goods and services supplied benefiting the Broome community and visitors alike. Without this vital funding, either services levels would be significantly lower or rates significantly higher to maintain the same standards and expectations. Accordingly, it is recommended that Council acknowledge the support provided by FAGS funding.
Materiality in Financial Reporting
The Shire has several thresholds on financial reporting as follows:
a) Asset capitalisation threshold of $5,000;
b) Reporting variances in the monthly statement of activity on a statutory program, core service, or nature and type-level that are + $10,000 for operating items and + $20,000 for capital items or 10%, whichever is higher;
c) Identifying and addressing over and underachievement of the Budget on a general ledger account or job code level for the quarterly FACRs that are + $10,000 for operating items and + $20,000 for capital items; and
d) The tolerable organisational deficit of 1% of operating revenues.
As per FMR 34(5), materiality thresholds can be set as a percentage, or dollar value, against an appropriate base amount. The Shire’s materiality threshold provides both; the advantage being is that a minimum value threshold can be set as well as a proportional value threshold, relevant to major items or subtotals. Threshold levels should not be so high as to allow material variances to go unnoticed, and by the same token, should not be so low as to cause an administrative burden.
For monthly financial activity statement reporting, 10% of the summarised revenue and expenditure by Program, Business Unit, Nature and Type or Asset Class Reporting would be considered a reasonable guide for highlighting variances. Council may also wish to adopt a value rather than a percentage or incorporate a minimum value threshold into the materiality consideration. The threshold provides $10,000 for operating and $20,000 for capital as a minimum value for reporting in the monthly statement of financial activity. These thresholds sit within the medium range on the risk matrix.
For purposes of quarterly FACRs, budgets are reviewed on an account or job number level. The existing materiality threshold detects variations of a minimum value of $10,000 for operating revenue and operating expenditure accounts-jobs and $20,000 for capital revenue and capital expenditure accounts-jobs.
The Shire of Broome’s total operating revenue budget for 2020-21 is $39,480,448. An overall materiality level based on 1% total revenue, or a deficit of $394,804, is also employed. Variances may be immaterial individually both on an account-job or reporting program, but still, the Shire considers the aggregate impact of the variances. $394,804 is more than twice the risk matrix financial impact threshold of $150K which places it beyond the extreme level. The remedial outcome as per the risk matrix requires immediate intervention to mitigate the occurrence of an overall deficit greater than the $150K risk matrix threshold.
It is noted that when establishing materiality values and percentages, they are a trade-off between the volume of information compared to the significance of that information. However, the amount alone does not always dictate whether an item is material, and disclosures should be adjusted where necessary. Variances can consist of either timing or permanent variances. For example, a timing variance occurs when grant funding is received a month later than initially budgeted, as opposed to a permanent variation when the grant funding will not be received as planned.
CONSULTATION
While no specific consultation has occurred on the Draft Budget, community consultation and engagement has previously occurred during the development of the Community Strategic Plan from which the CBP was developed. Also, the proposed differential rates were advertised in the West Australian on 2 May 2020. No comments were received.
Extensive internal consultation has occurred between all Divisions and through briefings and workshops with elected members.
The Department of Local Government, Sport and Cultural Industries and Western Australia Local Government Grants Commission have also been consulted concerning the changes in compliance requirements around rates during the COVID-19 pandemic and the advance payment of the FAGS.
STATUTORY ENVIRONMENT
Local Government (COVID-19) Response Order 2020
Local Government Act 1995, s6.2. Local government to prepare annual Budget
Local Government Act 1995, s 1.7 Local public notice
Local Government Act 1995, s6.16. Imposition of fees and charges
Local Government Act 1995, s6.17. Setting level of fees and charges
Local Government Act 1995, s6.19. Local government to give notice of fees and charges
Local Government Act 1995, s 6.28 Basis of Rates
Local Government Act 1995, s 6.32 Rates and service charges
Local Government Act 1995, s 6.34 Limit on revenue or income from general rates
Local Government Act 1995, s 6.35. Minimum payment
Local Government Act 1995, s 6.36 Local government to give notice of certain rates
Local Government Act 1995, s 6.47 Concessions
Local Government (Financial Management) Regulations 2006, Regulation 5A. Local governments to comply with AAS, Subject to regulation 4, the annual Budget, annual financial report and other financial reports of a local government must comply with the AAS.
Waste Avoidance and Resource Recovery Act 2007, s67. Local government may impose receptacle charge
Waste Avoidance and Resource Recovery Act 2007, s68. Fees and charges fixed by local government
Building Regulations 2012 s53. Inspection of barrier to private swimming pool
POLICY IMPLICATIONS
2.2.4 Rating
3.4.9 Tourism Administration Policy
FINANCIAL IMPLICATIONS
The Budget is the primary financial plan for the 2020-21 financial year. The intention is that a budget will be balanced such that all expenditures are matched by revenues.
RISK
Moderate risk of negative public perception is likely if the Council does not adopt the annual Budget.
Potential major reduction in the quality of assets provided and services delivered likely if the rates and the annual Budget are not adopted.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
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 built environment that reflects tropical climate design principles and
A natural environment for the benefit and enjoyment of current and future generations
A preserved, historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
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
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Sustainable and integrated strategic and operational plans
Responsible resource allocation
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Absolute Majority / Simple Majority
(Report Recommendation) Minute No. C/0620/011 Moved: Cr C Mitchell (JP) Seconded: Cr B Rudeforth That Council, 1. Under sections 6.32, 6.33, and 6.35 of the Local Government Act 1995 and clause 9 of the COVID-19 Ministerial Order gazetted on 8 May 2020 imposes the following differential rates and minimum payments for the 2020-21 financial year that do not exceed the corresponding 2019-20 differential rates and minimum payments approved by the Minister on 19 June 2019:
and; 2. Notes under section 6.34 of the Local Government Act 1995 and COVID-19 Ministerial Order gazetted on 8 May 2020, the revenue estimated to be yielded by the general rates imposed for the 2020-21 financial year will be 100% of the 2020-21 budget deficiency. |
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(Report Recommendation) Minute No. C/0620/012 Moved: Cr C Mitchell (JP) Seconded: Cr B Rudeforth That Council, under section 6.45 of the Local Government Act 1995 and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, nominates the following due dates for the payment of rates in full and by instalments:
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(Report Recommendation) Minute No. C/0620/013 Moved: Cr D Male Seconded: Cr P Taylor That Council grants concessions under section 6.47 of the Local Government Act 1995 to the properties listed in Attachment 3 to lessen the impact of the change in valuation of the pastoral properties:
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(Report Recommendation) Minute No. C/0620/014 Moved: Cr N Wevers Seconded: Cr P Matsumoto That Council, 1. Under section 6.13 of the Local Government Act 1995 and clause 8 of the COVID-19 Ministerial Order gazetted on 8 May 2020, adopts a rate of interest of 8% applicable to any amount of money owing to the local government (other than rates or service charges), with interest calculated from the due date, which is 35-days from the date of issue shown on the account for payment, subject to: a) This interest rate cannot be applied to a person who is considered by the Shire of Broome to be suffering financial hardship as a consequence of COVID-19 pandemic. |
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(Report Recommendation) Minute No. C/0620/015 Moved: Cr N Wevers Seconded: Cr C Mitchell (JP) 1. Reaffirms previous decision to waive rates instalment payment, payment arrangement administration fee and related interest charges that can be charged under sections 6.45, 6.51(1) and subject to section 6.51(4) of the Local Government Act 1995 and Regulations 67, 68 and 70 of the Local Government (Financial Management) Regulations 1996. 2. Notes that this decision is more generous than the modification on the options for payment of, and accrual of interest on, overdue rates or service charges under clauses 13 and 14 of the COVID-19 Ministerial Order gazetted on 8 May 2020. |
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(Report Recommendation) Minute No. C/0620/016 Moved: Cr C Mitchell (JP) Seconded: Cr N Wevers 1. Under section 6.16 of the Local Government Act 1995, adopts the Schedule of Fees and Charges for 2020-21 included as Attachment 6 effective from 1 July 2020, excluding statutory fees; 3. Under Regulation 53(2) of the Building Regulations 2012, adopts a non-GST Swimming Pool Inspection Fee of $58.45; 4. Adopts the fees and charges prescribed in Schedule 2 of the Building Regulations 2012 and any subsequent changes that may take effect from 1 July 2020; 5. Under section 67 of the Waste Avoidance and Resources Recovery Act 2007, adopts the following charges for the removal and deposit of domestic and commercial waste:
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(Report Recommendation) Minute No. C/0620/017 Moved: Cr N Wevers Seconded: Cr P Matsumoto That Council: 1. Under section 5.98 and 5.99 of the Local Government Act 1995 adopts the following annual amounts for elected member sitting fees and allowances for 2020-21 effective from 1 July 2020;
2. Endorses that all member sitting fees be paid monthly in advance. |
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(Report Recommendation) Minute No. C/0620/018 Moved: Cr D Male Seconded: Cr C Mitchell (JP) (ABSOLUTE MAJORITY) (a) Statement of Comprehensive Income by Nature and Type showing a net result of $24,287,883; (b) Statement of Comprehensive Income by Program showing a net result of $24,287,883; (c) Rate Setting Statement showing an amount required to be raised from rates of $23,163,321; (d) Notes to, and forming part of, the Budget; (e) Budget program schedules; (f) Organisational structure; (g) Transfers to and from Reserve Accounts as detailed. |
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(Report Recommendation) Minute No. C/0620/019 Moved: Cr C Mitchell (JP) Seconded: Cr N Wevers That Council, under Regulation 34(5) of the Local Government (Financial Management) Regulations 1996 and Australian Accountings Standard AASB 1031 Materiality, adopt a threshold of (+) or (-)$10,000 for operating items and (+) or (-) $20,000 for capital items or 10%, whichever is higher, when reporting material variances in each program or account line item of the Statements of Financial Activity in 2020-21. |
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(Report Recommendation) Minute No. C/0620/020 Moved: Cr N Wevers Seconded: Cr P Taylor 1. Acknowledges the importance of Federal funding received through the Financial Assistance Grant Scheme and used for the continued delivery of Council’s services and infrastructure, including a total allocation of $2.8 million for the 2020-21 financial year for general purpose funding and untied road grants; 2. Requests the Chief Executive Officer to ensure that this Federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports. |
Cr N Wevers requested that Council thank the Shire’s Finance Team for their timely presentation of the 2020-21 Budget. The Chairperson agreed that the Shire’s Finance Team had done an excellent job. The Acting Chief Executive Officer noted Council’s thanks and advised that he would ensure their praise was relayed to the Finance Team.
The Acting Chief Executive Officer also thanked the Finance team for their efforts and Councillors for the time and effort invested in the development of the budget.
Attachment 1 - 2020-21 Shire of Broome Annual Budget |
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Attachment 2 - 2020-21 Proposed Rates Model |
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Attachment 3 - Concessions to Pastoral Properties with Increased Rates |
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Attachment 4 - 2020-21 Objects of and Reasons for Differential Rates and Minimum Payments |
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Attachment 5 - 2019-20 Ministerial Approval of Differential Rates and Minimum Payments |
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Attachment 6 - 2020-21 Fees and Charges Schedule |
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Attachment 7 - 2019-20 Budgets Carried Over to 2020-21 |
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Attachment 8 - 2020-21 Organisational Structure |
SUMMARY: Changes to the Local Government Act 1995 (Act) now require Council to adopt a policy on continuing professional development for Elected Members. A report is also required to be prepared at the end of each financial year on the training completed in the past year by Elected Members and this report must be published on the Shire’s website. It is recommended that Council adopt the attached policy. |
BACKGROUND
On 27 June 2019, the Local Government Legislation Amendment Act 2019 (Amendment Act) was passed by parliament. The Amendment Act addressed the complex and significant role that the Shire President and Elected Members take on when elected to Council.
One of the significant changes to the Act included an introduction of mandatory universal training for Elected Members elected from October 2019. The changes to Act also require the Shire to endorse a policy on continuing professional development for Elected Members.
COMMENT
The new policy recognises that Elected Members should commit to undertaking continuing professional development as part of meeting their requirement to provide good governance to the Council.
Commencing from October 2019, all Elected Members are required to complete mandatory training within 12 months of being elected to Council. The mandatory training currently focuses on five core units:
· Understanding Local Government;
· Serving on Council;
· Meeting Procedures;
· Conflicts of Interests; and
· Understanding financial reports and budgets.
Once completed the training is valid for five years under Local Government (Administration) Regulations 1996 – Reg 36.
The policy identifies that professional development is not limited to the mandatory training. Such is the ever changing and evolving nature of local government and the regulatory environment that ongoing professional development and training is an expected requirement for an Elected Member during the term of office.
The policy commits the Shire to providing a reasonable allowance in the annual municipal budget to meet the objectives of this policy and to regularly review training and development outcomes to ensure that objectives are being met.
Section 5.128 of the Act requires that this policy be reviewed after each ordinary election.
CONSULTATION
Draft policy forwarded to Elected Members for comment on 4 June 2020 and workshopped with Elected Members on 9 June 2020 with Councillors Foy, Male, Taylor, Tracey and Wevers present.
STATUTORY ENVIRONMENT
Local Government Act 1995
5.126 – Training for council members
Each council member must complete training in accordance with regulations.
(2) Regulations may —
(a) prescribe a course of training; and
(b) prescribe the period within which training must be completed; and
(c) prescribe circumstances in which a council member is exempt from the requirement in subsection (1); and
(d) provide that contravention of subsection (1) is an offence and prescribe a fine not exceeding $5 000 for the offence.
Section 5.127 – Report on training
A local government must prepare a report for each financial year on the training completed by council members in the financial year.
(2) The CEO must publish the report on the local government’s official website within 1 month after the end of the financial year to which the report relates.
Section 5.128 – Policy for continuing professional development
A local government must prepare and adopt* a policy in relation to the continuing professional development of council members.
* Absolute majority required.
(2) A local government may amend* the policy.
* Absolute majority required.
(3) When preparing the policy or an amendment to the policy, the local government must comply with any prescribed requirements relating to the form or content of a policy under this section.
(4) The CEO must publish an up‑to‑date version of the policy on the local government’s official website.
(5) A local government —
(a) must review the policy after each ordinary election; and
(b) may review the policy at any other time.
Local Government (Administration) Regulations 1996
35 – Training for council members (Act s.5.126(1))
A council member completes training for the purposes of section 5.126(1) if the council member passes the course of training specified in subregulation (2) within the period specified in subregulation (3).
(2) The course of training is the course titled Council Member Essentials that —
(a) consists of the following modules —
(i) Understanding Local Government;
(ii) Serving on Council;
(iii) Meeting Procedures;
(iv) Conflicts of Interest;
(v) Understanding Financial Reports and Budgets;
and
(b) is provided by any of the following bodies —
(i) North Metropolitan TAFE;
(ii) South Metropolitan TAFE;
(iii) WALGA.
(3) The period within which the course of training must be passed is the period of 12 months beginning on the day on which the council member is elected.
36 – Exemption for Act s.5.126(1) requirement
A council member is exempt from the requirement in section 5.126(1) if —
(a) the council member passed either of the following courses within the period of 5 years ending immediately before the day on which the council member is elected —
(i) the course of training specified in regulation 35(2);
(ii) the course titled 52756WA — Diploma of Local Government (Elected Member);
or
(b) the council member passed the course titled LGASS00002 Elected Member Skill Set before 1 July 2019 and within the period of 5 years ending immediately before the day on which the council member is elected.
(2) A person who is a council member on the day on which the Local Government Regulations Amendment (Induction and Training) Regulations 2019 regulation 8 comes into operation is exempt from the requirement in section 5.126(1) until the end of their term of office.
POLICY IMPLICATIONS
New policy that will bring Council into compliance with the recent legislative changes.
FINANCIAL IMPLICATIONS
The cost of ongoing training will need to be accommodated within the annual municipal budget.
RISK
Minor reputational and compliance risk should Council elect not to adopt the legislatively required policy.
The ongoing commitment to continuing professional development is seen as a mitigation measure to reduce the likelihood of Elected Members breaching any of their duties as an Elected Member.
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/021 Moved: Cr E Foy Seconded: Cr F West That Council adopts the Elected Member Continuing Professional Development Policy as attached. |
Attachment 1 - Proposed Elected Member Continuing Professional Development Policy |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: Council resolved at the Ordinary Meeting on 26 March 2020 to undertake a review of the following Local Laws in accordance with section 3.16 of the Local Government Act 1995 (Act) that requires each local law to be reviewed at least once every 8 years: · Bush Fire Brigades Local Law 2003 · Cemeteries Local Law 2012 · Dogs Local Law 2012 · Parking and Parking Facilities Local Law 2012 · Standing Order Local Law 2003 Public notice of the review and calling for submissions occurred in April 2020. This report provides details of the one submission received, makes a recommendation to repeal the current Standing Orders Local Law 2003 to allow the process to adopt the new Meeting Procedures Local Law to commence, and recommends no further action on the remaining local laws at this point. |
BACKGROUND
Previous Considerations
OMC 26 March 2020 Item 9.4.1
Local public notice of the Local Law 8-year review process was provided in the West on 2 April 2020 and the Broome Advertiser on 9 April 2020.
The submission period closed on 15 May 2020.
COMMENT
Link to the Local Laws that have been reviewed: www.broome.wa.gov.au/Council/Governance/Local-Laws-and-Regulations
Bush Fire Brigades Local Law 2003
No submissions were received.
Internally a review between the existing local law and the WALGA Bush Fire Brigades Local Law template was completed.
Whilst there are changes that could be made, these are administrative/cosmetic in nature and do not change the effect of the existing local law. Therefore, undertaking the complex and costly legislative amendment process is not recommended at this point.
Cemeteries Local Law 2012
No submissions were received.
Internally a review between the existing local law and the WALGA Cemeteries Local Law template was completed.
The review identified that the Shire’s existing Cemeteries Local Law does not provide for cremations. If development approval for a crematorium is provided in the future this would be the appropriate time to commence the legislative amendment process to accommodate cremations and to make minor administrative changes to bring into line with the WALGA Cemeteries Local Law template.
Dogs Local Law 2012
One submission was received from Chris Carey, an experienced local government Ranger and lecturer in Local Government Regulatory Services.
The suggested amendments primarily relate to changes to the Dog Act 1976 and Dog Regulations 2013 post the Dogs Local Law 2012 coming into effect.
The submission is provided at Attachment 1. The changes are administrative in nature and do not affect the current operability of the Dogs Local Law 2012.
It is therefore recommended that the submission be noted and that consideration to making changes be deferred until such time as a substantial change is required to warrant the gazettal process.
Parking and Parking Facilities Local Law 2012
No submissions were received.
This Local Law was substantially reviewed in 2017 and 2018. As a result, the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 and the Shire of Broome Parking and Parking Facilities Amendment Local Law 2018 were gazetted.
The main purpose of the 2017 amendment was to include explanatory diagrams relating to parking that are contained within the Road Traffic Code 2000 and minor formatting changes.
The 2018 amendment followed a petition to Council in March 2017 to remove the restriction on verge parking from areas zoned industry and light and service industry.
The statutory requirement to review a local law under section 3.16 of the Act was not completed with either amendment so despite the extensive recent reviews, the Parking and Parking Facilities Local Law 2012 has been included in this review process to meet compliance with the Act.
Standing Orders Local Law 2003
No submissions were received.
Completion of the review under section 3.16 of the Act, now allows Council to resolve to repeal the existing Standing Orders Local Law 2003 and proceed with the process to create a new local law under section 3.12 of the Act.
A draft new Meeting Procedures Local Law based on the WALGA template was reviewed by Council at the workshop in February 2020. Support was received to progress with modernising this local law.
The proposed new Meeting Procedures Local Law 2020 will be the subject of a separate Agenda Item at the June 2020 Ordinary Meeting of Council.
CONSULTATION
Statewide and Local Public Notice was provided in accordance with the Act.
The Standing Orders Local Law 2003 and the proposed new WALGA Meeting Procedures Local Law were workshopped with Council at the February Councillor Workshop with Councillors Tracey, Male, Mitchell, Rudeforth, West and Wevers in attendance.
STATUTORY ENVIRONMENT
Local Government Act 1995
3.16 – Periodic review of local laws
(1) Within a period of 8 years from the day when a local law commenced or a report of a review of the local law was accepted under this section, as the case requires, a local government is to carry out a review of the local law to determine whether or not it considers that it should be repealed or amended.
(2) The local government is to give local public notice stating that –
(a) the local government proposes to review the local law; and
(b) a copy of the local law may be inspected or obtained at any place specified in the notice; and
(c) submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.
(3) After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.
(4) When its council has considered the report, the local government may determine* whether or not it considers that the local law should be repealed or amended.
* Absolute majority required.
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
Nil.
RISK
Minor reputational and compliance risk should local laws not be reviewed in accordance with legislative requirements.
This is mitigated by formally completing the review process via this agenda item.
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/022 Moved: Cr C Mitchell (JP) Seconded: Cr P Matsumoto That Council: 1. In accordance with section 3.16(4) of the Local Government Act 1995 resolves to repeal the Standing Orders Local Law 2003 and that it be replaced with a new Meeting Procedures Local Law. 2. In accordance with section 3.16(3) of the Local Government Act 1995, and having considered the 1 public submission received in relation to the Dogs Local Law 2012, determine that no charges are required and that the review is complete. 3. In accordance with section 3.16(2) of the Local Government Act 1995, note that no submissions were received in respect to the following local laws and that no changes are required, and that the review is complete: (a) Bush Fire Brigades Local Law 2003; (b) Cemeteries Local Law 2012; (c) Parking and Parking Facilities Local Law 2012. |
Dogs Local Law 2012 - Review Public Submission Summary |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: Council has resolved to repeal the existing Standing Orders Local Law 2003 following a review in accordance with section 3.16(4) of the Local Government Act 1995 (Act). This report requests Council to consider the proposed Shire of Broome Meeting Procedures Local Law 2020 and recommends approval to progress the enactment in accordance with the requirements of the Act. |
BACKGROUND
Previous Considerations
OMC 14 October 2003 Item 9.1.8 - Initial Adoption by Council
OMC 6 July 2004 Item 9.1.2 – Minor Amendment
OMC 14 June 2012 Item 9.4.9 – Minor Amendment
OMC 26 March 2020 Item 9.4.1 – 8 Year Review
The current Standing Orders Local Law 2003 was made by Council on 14 October 2003 and published in the Government Gazette on 28 November 2003. The Local Law has had two minor amendments since initial adoption.
COMMENT
Since the Shire’s Standing Orders Local Law 2003, was last reviewed in 2012, WALGA have produced a Meeting Procedures Local Law template that has been endorsed by the Joint Standing Committee on Delegated Legislation (JSCDL). This is now being used as the basis for Local Governments to modernise their meeting procedures local law confident in the knowledge that providing wholesale changes are not made, the path to approval through the JSCDL is largely assured.
Given the age of the Shire’s existing local law, a repeal and adoption of this modernised template is strongly recommended. It is important to note that the fundamentals of the local law have remained the same, however it is written in simpler English with an improved format that provides additional clarity and ease of understanding for Elected Members, staff and the community.
A summary of the enhancements the new local law will provided is listed in the table below.
Change of Name |
Meeting Procedures Local Law is a term more readily understandable by the general public. |
Matters for Which Meeting May Be Closed |
Removal of the current requirement to pass a motion at the beginning of a meeting. Administrative efficiency. |
Method of dealing with agenda business (Clause 5.5) |
Allows Councillors the flexibility to consider moving items en bloc where the item is not subject to: · absolute majority requirement; · a financial, proximity or indirect financial interest; · petition or a deputation; specific request to debate item separately. |
Part 6 – Public Participation |
Provides greater clarity and references to the Act and Regulations. |
Deputations (Clause 6.9) |
CEO able to accept deputations as an administrative matter. |
Petitions (Clause 6.10(2)) |
Removes the requirement for a petition to be presented first by an elected member. Administrative efficiency and eliminates the small risk that a valid petition is not able to be received. |
Implementing a Decision (Clause 15.3(2)) |
Provides defined cooling off period following a meeting prior to others being able to rely and act on the decision. |
Part 18 - Enforcement
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New clause that provides clarity of breaches consequences. |
The process of adopting or amending a local law is set out in section 3.12 of the Act and is summarised in Attachment 1 – Local Law Statutory Procedures.
Section 3.12 (2) specifically states:
“At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.”
The following fulfils the requirement defined in the Local Government (Functions and General) Regulations 1996 – Reg 3.
The intended Purpose and Effect of the Shire of Broome Meeting Procedures Local Law 2020 are:
Purpose: The purpose of the local law is to provide for rules and guidelines which apply to the conduct of meetings of the Council and its Committees and to the meetings of electors within the district of the Shire of Broome.
Effect: The effect of the local law is to establish requirements for better decision making by the Council and Committees, the orderly conduct of meetings, better understanding of the processes of conducting meetings and the more efficient and effective use of time at meetings, within the district of the Shire of Broome.
CONSULTATION
The Standing Orders Local Law 2003 and the proposed new WALGA Meeting Procedures Local Law 2020 were workshopped with Council at the February 2020 Councillor Workshop with Councillors Tracey, Male, Mitchell, Rudeforth, West and Wevers in attendance.
Statewide and local public notice providing opportunity for public submissions is required prior to local law being adopted as is providing the Minister for Local Government, Sport and Cultural Industries with a copy for comment.
STATUTORY ENVIRONMENT
Local Government Act 1995
Section 3.12 – Procedures for making local laws
In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.
(2A) Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.
(2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.
(3) The local government is to —
(a) give local public notice stating that —
(i) the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and
(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;
And
as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and
(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
[(3a) deleted]
(4) After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.
* Absolute majority required.
(5) After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.
(6) After the local law has been published in the Gazette the local government is to give local public notice —
(a) stating the title of the local law; and
(b) summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and
(c) advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.
(7) The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.
(8) In this section —
making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The estimated cost of advertising in the West and the Broome Advertiser is $1,000. This covers the initial Statewide public notice and the final local public notice required after gazettal.
The estimated cost of gazettal with State Law Publisher is $6,000.
This will be accommodated within the Corporate Governance & Support Advertising Budget.
RISK
Minor reputational risk and compliance risk if local laws are not maintained in accordance with current legislative requirements and best practice.
This is mitigated by updating the nearly 20-year-old current format for meeting procedures.
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/023 Moved: Cr B Rudeforth Seconded: Cr N Wevers That Council: 1. In accordance with sections 3.12(3)(a) and (3b) of the Local Government Act 1995, provide Statewide and local public notice stating that: (a) It is proposed to make a Shire of Broome Meeting Procedures Local Law 2020, and a summary of its purpose and effect; (b) Copies of the proposed local law may be inspected at the Shire offices and website; (c) Submissions about the proposed local law may be given to the Shire within a period not less than 6 weeks after the notice is given; 2. In accordance with section 3.12(3)(b) of the Act, as soon as the notice is given a copy of the proposed local law be sent to the Minister for Local Government, Sport and Cultural Industries; 3. In accordance with section 3.12(3)(c) of the Act, a copy of the proposed local law be supplied to any person requesting it; and 4. Considers any submissions received through the public consultation process. |
Attachment 1 - Local Law Review and Making Flowchart |
|
Attachment 2 - Proposed Shire of Broome Meeting Procedures Local Law 2020 |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for May 2020. |
COMMENT
The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds as per the 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 May 2020.
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 May 2020 after $529,010.09 in personnel payments, $1,802,746.15 in utilities and other non-local sole suppliers were excluded.
RISK
The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996.
The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.
STRATEGIC IMPLICATIONS
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Sustainable and integrated strategic and operational plans
Responsible resource allocation
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/024 Moved: Cr C Mitchell (JP) Seconded: Cr P Taylor That Council: 1. Receives the list of payments made from the Municipal and Trust Accounts in May 2020 totalling $5,612,216.27 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering: a. EFT Vouchers 55807 - 56193 totalling $5,453,188.52; b. Municipal Cheque Vouchers 000 – 000 totalling $0.00; c. Trust Cheque Vouchers 000 – 000 totalling $0.00; and d. Credit Card Payments and Municipal Direct Debits 27978.1 – DD28075.4 totalling $159,027.75 2. Notes the local spend of $2,386,844.29 included in the amount above, equating to 72.76% of total payments excluding personnel, utility and other external sole supplier costs. |
Monthly Payment Listing May 2020 |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 May 2020, 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 Monthly Statement of Financial Activity (Attachment 1), is mandatory under FMR 34(2)(b).
FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.
COMMENT
The 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 91.80%
Total Rates Raised Revenue 100% (of which 95.41%has been collected)
Total Other Operating Revenue 67%
Total Operating Expenditure 75%
Total Capital Revenue 27%
Total Capital Expenditure 46%
Total Sale of Assets Revenue 65%
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.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996
34. Financial activity statement report — s. 6.4
(1A) In this regulation —
“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.
(1) A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —
(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);
(b) budget estimates to the end of the month to which the statement relates;
(c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;
(d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and
(e) the net current assets at the end of the month to which the statement relates.
(2) Each statement of financial activity is to be accompanied by documents containing —
(a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;
(b) an explanation of each of the material variances referred to in sub regulation (1)(d); and
(c) such other supporting information as is considered relevant by the local government.
(3) The information in a statement of financial activity may be shown —
(a) according to nature and type classification;
(b) by program; or
(c) by business unit.
(4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be —
(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and
(b) recorded in the minutes of the meeting at which it is presented.
(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.
Local Government Act 1995
6.8. Expenditure from municipal fund not included in annual budget
(1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —
(a) is incurred in a financial year before the adoption of the annual budget by the local government;
(b) is authorised in advance by resolution*; or
(c) is authorised in advance by the mayor or president in an emergency.
* Absolute majority required.
(1a) In subsection (1) —
“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.
(2) Where expenditure has been incurred by a local government —
(a) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and
(b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The adoption of the Monthly Financial Report is retrospective. Accordingly, the financial implications associated with adopting the Monthly Financial Report are nil.
RISK
The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.
In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the quarterly Finance and Costing Review (FACR) process to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.
It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 Regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.
STRATEGIC IMPLICATIONS
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
Affordable and equitable services and infrastructure
Affordable land for residential, industrial, commercial and community use
Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Sustainable and integrated strategic and operational plans
Responsible resource allocation
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/025 Moved: Cr D Male Seconded: Cr P Matsumoto That Council: 1. Adopts the Monthly Financial Activity Report for the period ended 31 May 2020. |
Attachment 1 - Monthly Statement of Financial Activity May 2020 |
SUMMARY: This report presents Council with a progress report for the Yawuru Park Council, comprising the draft minutes and associated recommendations of the YPC meeting held on 20 May 2020. The officer recommendation is for Council to note the minutes of the Yawuru Park Council meeting held on 20 May 2020. |
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 (Shire President), Chief Executive Officer (Sam Mastrolembo) and Director Development and Community Services (Nathan Cain)
Shire Proxies: Cr Elsta Foy, Cr N Wevers, Manager Planning and Building Services (Director Development and Community Services) and Land Tenure Officer (CEO)
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 noting by Council.
YPC minutes were last presented to
Council for noting at the April 2020 Ordinary Meeting of Council and included
minutes for the YPC meeting held on
26 February 2020.
The YPC met recently on 20 May 2020.
COMMENT
YPC Meeting on 20 May 2020
The agenda (Attachment 1) and
minutes (Attachment 2) of the YPC meeting held on
20 May 2020 are attached. At the meeting, the YPC considered the
following items:
3. Matters across all tenure
3.1 Management strategy prioritisation review
Three terrestrial Yawuru Joint Management plans with four management values and
255 management strategies (Attachment 3).
Prioritisation process revealed in order to provide consistent and holistic
management across the Yawuru Conservation Estate, requires tools and systems to
enable planning, monitoring, reporting and improvement for an effective and
adaptive management program.
The Yawuru / DBCA Ranger program is funded by Royalties for Regions (RfR),
current funding allocation provides for a base level of capacity to enable
employment, training and the delivery of basic works and maintenance across the
Yawuru Conservation Estate.
The prioritisation exercise determined of the 255 management strategies, 50%
are funded as ‘business as usual’ as part of the DBCA Yawuru Ranger
program (RfR), 4% are funded externally and the remaining 46% are not funded.
4. Minyirr Buru (In-Town Conservation Estate) (Yawuru and Shire)
4.1 Dual naming – Yawuru place name initiative
Dual naming endorsed by Council at the April 2020 Ordinary Meeting of Council
was endorsed by the YPC.
It was noted that Landgate has recently released draft guidelines for
Aboriginal and dual naming.
4.2 Wedding approval process
The Shire of Broome is currently looking at ways to streamline the event
approval process, to promote Broome as a wedding destination and to provide an
online booking system.
The YPC endorsed approval to the Shire of Broome to issue wedding permits on
joint managed lands at Gantheaume Point and Reddell Beach, subject to a maximum
of 100 people and a limit of two (2) hours.
Wedding permits issued by the Shire will include recognition of Yawuru Country and the booking system will provide information on the option to include Welcome to Country or other cultural experiences.
4.3 Minyirr Park post-fire report
Fires in the late dry season of 2019 burnt 16 hectares of nationally endangered
Monsoon Vine Thickets (MVT), 83 hectares of priority ecosystem on relict dunes
and 25 hectares of priority Cable Beach Ghost Gum community.
Recommendations from the report (Attachment 4) to resurvey quadrants after the wet season and again at two-year intervals for at least 10 years will be achieved through Environs Kimberley successfully securing a $15,000 Landcare grant.
The final recommendation, to allocate funds to collect fauna data as part of the future surveys, will be budgeted for by the DBCA Yawuru Ranger program.
4.4 WANDRRA – DEMCO and Simpson’s Beach concept drawings / design
Shire officer provided verbal update following site meeting with Yawuru Law Bosses and YPC Representatives. It was agreed to reinstate the DEMCO ‘gorge’ to pre-event state / contours with certified clean fill with works commencing 12 May 2020.
Simpson’s Beach improved design still pending approval.
Shire representatives raised concerns regarding the ability to deliver by the 30 June 2020 deadline.
New design proposed to meet reinstatement and current engineering standards.
5. Guniyan Binba (Northern Intertidal Zone) (Yawuru, Shire and DBCA)
5.1 DBCA provided an update on submissions and amendments to the final Guniyan Binba Conservation Park Management Plan.
The Guniyan Binba (Northern Intertidal Zone) Conservation Park Management Plan final draft was endorsed by Council in April 2020.
The YPC endorsed the final draft (Attachment 5).
6. Reports
6.1 Financial Statement
Royalties for Regions (Operational) April 2020:
· YTD Actual $802,447
· YTD Budget $1,100,797
· YTD percentage spend 73%
Yawuru Trust Account (Capital) April 2020:
· YTD Actual $-1,249
· YTD Budget no budget – pending prioritisation of capital projects
· YTD percentage spend 0%
DBCA confirmed the Marine and Terrestrial budgets have been submitted for recurrent funding to the Economic Review Committee.
The request included an increase from $1.1 million to $1.3 million, plus CPI increases - $300,000 per year capital for the Terrestrial budget.
On 27 March 2020 the budget goes to Committee for consideration.
CONSULTATION
STATUTORY ENVIRONMENT
Yawuru Area Indigenous Land Use Agreement 2010
Yawuru Prescribed Body Corporate Indigenous Land Use Agreement 2010
POLICY IMPLICATIONS
Nil
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
A preserved, historical and cultural heritage of Broome
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Effective community engagement
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/026 Moved: Cr N Wevers Seconded: Cr P Taylor That Council notes the minutes of the Yawuru Park Council meeting held on 20 May 2020. |
Attachment 1 - Agenda and Agenda Items |
|
Attachment 2 - Draft Minutes |
|
Attachment 3 - Prioritisation Spreadsheet |
|
Attachment 4 - Minyirr Park Post Fire Report |
|
Attachment 5 - Guniyan Binba Final Draft Joint Management Plan |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: There were no items arising at the meetings for Council to consider. It is recommended Council receive the minutes of the Local Emergency Management Committee meeting held on 11 March 2020 and the Special Local Emergency Management Committee held on 20 March 2020. |
BACKGROUND
The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act).
Amongst other key aspects, the functions of the LEMC focus on advice and assistance to the local government in the development, review and testing of local emergency managements arrangements for the district.
COMMENT
LEMC meeting on 11 March 2020
The minutes of the LEMC meeting held on 11 March 2020 are included as Attachments 1 and 2 of this report.
At the meeting, the LEMC discussed the following:
Item 4.2 Correspondence In – Expressions of Interest LEMC 2020
The Expressions of Interest received for the Local Emergency management Committee were discussed, as endorsed by Council at the Ordinary Meeting of Council held on 27 February 2020.
Item 5.1 Local Emergency Management Committee (LEMC) Document Updates
Members were reminded to send any changes / additions to the LEMC Secretariat for the following documents:
· Contact List (see confidential)
· Resource Register (see confidential)
· Incident Report (none to report)
· Training Schedule (see confidential.
Item 5.2 Status Report
The 2020 Status Report was discussed.
Item 5.3 Department of Communities Update
After discussion surrounding Animal Welfare in Emergencies at the December 2019 meeting, the Committee for Animal Welfare in Emergencies (CAWE) Communique and Local Emergency Welfare Plan documents were circulated to Committee members.
Item 5.4 Update from LEMC Members
General discussion ensued.
Item 5.5 Emergency Risk Management Hazard Workshop
Further to the Local Emergency Management Arrangements (LEMA) Review meeting held on 18 November 2019, the second hazard was workshopped. The second Emergency Risk Management hazard workshop was conducted.
Item 5.6 Nominations - LEMA and Recovery Plan Working Group
The Shire of Broome requested Committee Members to join a working group to undertake a review of the Local Emergency Management Arrangements (LEMA) and a Recover Plan.
Item 5.7 COVID-19 Update
An update was provided to the committee by representatives from the WA Country Health Service Broome Campus in relation to COVID-19.
Special LEMC meeting on 11 March 2020
The minutes of the Special LEMC meeting held on 20 March 2020 are included as Attachment 3 of this report.
Item 5.1 COVID-19 Update
Representatives from the WA Country Health Services Broome Campus provided an update on the current situation regarding COVID-19 in the Kimberley. At the time of the meeting it was summarised as follows:
· No cases in the Kimberley
· Broome Hospital has not been overly attended to date.
· 50 presentations over the last week, of which 24 fulfilled the criteria to be tested, with swabs sent to Perth for analysis. This process has a quick turnaround – 36 to 48 hours.
· More remote areas may take around seven (7) days to get test results
Questions were raised concerning Broome Hospital’s capacity to cope with demand. The committee was advised of a range of options being considered, including those for people needing hospitalisation in an isolation room.
Short stay accommodation options were discussed, and several suggestions put forward.
It was reiterated there is not the capacity to test everyone who presents so only those who meet the criteria will be tested.
Item 5.2 Agency Roundtable
A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.
Summary
There were no items arising at the meeting for Council to consider.
It is recommended Council receive the minutes of the LEMC meeting held on 11 March 2020 and the Special LEMC held 20 March 2020.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act).
In accordance with section 39 of the Act, the functions of the LEMC are:
(a) to advise and assist the local government in assuring local emergency management arrangements are established for its district;
(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and
(c) to carry out other emergency management activities as directed by the State Emergency Management Committee or prescribed by the Emergency Management Regulations 2006.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
RISK
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
A healthy and safe environment
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
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/027 Moved: Cr C Mitchell (JP) Seconded: Cr N Wevers That Council receives the minutes of the Local Emergency Management Committee held on 11 March 2020 and the minutes of the Special Local Emergency Management Committee held 20 March 2020. |
Attachment 1 – Unconfirmed Minutes of the Local Emergency Management Committee 11 March 2020 |
|
Attachment 2 (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)(b) as it contains “the personal affairs of any person”. |
|
Attachment 3 - Unconfirmed Minutes of the Local Emergency Management Committee 20 March 2020 |
Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 11 MARCH 2020 AND SPECIAL MEETING MINUTES HELD 20 MARCH 2020 |
Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 11 MARCH 2020 AND SPECIAL MEETING MINUTES HELD 20 MARCH 2020 |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
SUMMARY: This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee meeting held on 11 March 2020, for Council’s consideration. It is recommended Council receive the minutes of the Bush Fire Advisory Committee held on 11 March 2020. |
BACKGROUND
The Bush Fire Advisory Committee (BFAC) meets quarterly to provide advice to the Shire of Broome on:
1. All matters relating to the prevention, controlling and extinguishing of bushfires.
2. The planning and layout of fire breaks in the district.
3. Prosecutions for breaches of the Bush Fires Act 1956.
4. The formation of Bush Fire Brigades.
5. Coordination and cooperation between agencies within the district.
COMMENT
The minutes of the BFAC meeting held on 11 March 2020 are included as Attachments 1 and 2 of this report.
At the meeting, the BFAC discussed the following items:
Item 5.1 Bush Fire Advisory Committee (BFAC) Contact List
Members were reminded to send any changes / additions to the BFAC Secretariat for the BFAC Contact List (see confidential Attachment 2).
Item 5.2 Status Report
The 2020 Status Report was discussed (see Attachment 2).
Item 1 on the Status Report was discussed – Proposed changes to the Fire Break Notice.
The committee was advised, before presenting any proposed changes or amendments to Council, clarification was required on the specific details of the changes including:
· Justification for the changes – a detailed explanation of why the changes are necessary;
· Implications and potential risks if changes are not made;
· The need to seek community consultation and provide education;
· Acknowledgment of impact on landowners with recommendations on how compliance can be achieved;
· How these changes align with Fire Hazard Reduction Policies in other areas within WA;
· More detailed definitions of words used in the Fire Hazard Reduction Notice to reduce the likelihood of misinterpretation; and
· A timeline and program for when and how changes will be implemented.
Item 5.3 Proposed Changes to the Fire Hazard Reduction Notice
This item was covered in the discussion of the 2020 Status Report.
The Shire of Brome Ranger Coordinator to work with the Department of Fire and Emergency Services to prepare a discussion paper.
Item 5.4 Updates from BFAC members
A round table discussion was conducted allowing Committee members to give an update on their agencies and any relevant matters.
Summary
There were no items arising at the meeting for Council to consider.
It is recommended Council receive the minutes of the BFAC meeting held on 11 March 2020.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Section 67 of the Bush Fires Act 1956 provides Council with the ability to create advisory committees for the purpose of advising the Council regarding all matters relating to:
· the prevention, controlling and extinguishing of bush fires;
· the planning of the layout of firebreaks in the district;
· prosecutions for breaches of this Act;
· the formation of bush fire brigades and the grouping thereof under group brigade officers;
· the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities; and
· any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those already mentioned above.
POLICY IMPLICATIONS
Nil
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 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
Improved systems, processes and compliance
VOTING REQUIREMENTS
(Report Recommendation) Minute No. C/0620/028 Moved: Cr N Wevers Seconded: Cr C Mitchell (JP) That Council receives the minutes of the Bush Fire Advisory Committee meeting held on 11 March 2020. |
Attachment 1 - Bush Fire Advisory Committee |
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Attachment 2 - Bush Fire Advisory Committee Minute Attachments (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(b) as it contains “the personal affairs of any person”. |
Minutes – Ordinary Meeting of Council 25 June 2020 Page 1 of 2
Nil.
Nil.
Nil.
(Report Recommendation) Minute No. C/0620/029 Moved: Cr C Mitchell (JP) Seconded: Cr P Taylor That the meeting be closed to the public at 6:41pm. |
Members of the Public departed the Chambers at 6:41pm.
This item and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
SUMMARY:
The Housing Authority has submitted an objection to the rate record for the financial years 2017-18, 2018-19 and 2019-20. The objection claims the Assessment A306560 is non-rateable under section 6.26(2)(a) of the Local Government Act 1995 ‘land which is the property of the crown’.
This report provides a recommendation for Council's consideration in response to the rate exemption objection.
(Report Recommendation) Minute No. C/0620/030 Moved: Cr B Rudeforth Seconded: Cr F West That Council: 1. Approves the Rates exemption objection for A306560 in accordance with section 6.26(2)(a) and 6.26(g) of the Local Government Act 1995; 2. Approves the reversal of Rates raised for the 2017-18, 2018-19 and 2019-20 financial years; 3. Approves the reduction of the 2019-20 Rates revenue budget amounting to $55,311.86; and 4. Requests that the Chief Executive Officer review the exemption and the use of the property on an annual basis. |
1. |
Attachment 1 - Rationale For Rates Objection |
2. |
Attachment 2 - MercyCare ACNC |
3. |
Attachment 3 - Housing Act 1980 |
(Report Recommendation) Minute No. C/0620/031 Moved: Cr F West Seconded: Cr C Mitchell (JP) That the Meeting again be open to the public at 6:49 pm. |
The Council Chambers were opened and it was noted that no members of the public returned.
There being no further business the Chairperson declared the meeting closed at 6:49 p.m.
and signed below by the Presiding Person, at the meeting these minutes were confirmed.
Signed:
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