Minutes of Special Meeting - Tuesday, 6 October 2020

Minutes – Special Meeting of Council 6 October 2020 Page 1 of 2

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Tuesday 6 October 2020, COMMENCING AT 5:00 PM.

1. Official Opening

The Chairperson welcomed Councillors, Officers and members of the public and declared the meeting open at 5:03 PM.

2. Attendance and Apologies

ATTENDANCE

Councillor:	Cr H Tracey	Shire President
	Cr D Male	Deputy Shire President
	Cr E Foy
	Cr P Matsumoto
	Cr C Mitchell
	Cr B Rudeforth
	Cr P Taylor
	Cr N Wevers


Apologies:	Nil.


Leave of Absence:	Cr F West	(Decided at OMC 23 September 220)


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr N Cain	Director Development and Community Services
	Mr A Graffen	Director Infrastructure
	Mr D Kennedy	Acting Director Corporate Services
	Mr G McKnight	Media and Promotions Officer
	Lani Levi	Senior Administration and Governance Officer

Public Gallery:
*No members of the public were in attendance.*

3. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Nil.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Nil.

4. Public Question Time

No public questions were received.

5. Matters For Which The Meeting May Be Closed

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

Council Resolution:

(Report Recommendation) Minute No. C/1020/001

Moved: Cr C Mitchell Seconded: Cr D Male

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

6.2.1 REQUEST FOR TENDER 20-08 CHINATOWN REVITILISATION PROJECT STAGE 2

Item 6.2.1 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

CARRIED UNANIMOUSLY 8/0

6. Reports From Officers

6.1 Our People

There are no reports in this section.

Minutes – Special Meeting of Council 6 October 2020 Page 1 of 2

6.4 Our Organisation

6.4.1 WARD AND REPRESENTATION REVIEW - SHIRE OF BROOME

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOB03

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report seeks Council endorsement to undertake a Ward and Representation Review pursuant to Schedule 2.2. of the Local Government Act 1995

BACKGROUND

Previous Considerations

OMC 28 July 2016 Item 9.4.4

OMC 24 November 2016 Item 9.4.3

Schedule 2.2 of the Local Government Act 1995 (the Act) requires Local Governments with a Ward system to carry out a review of the ward boundaries and the number of offices of Councillor for each ward at least every eight years.

The Council last conducted a review in 2016, where it was resolved to maintain the existing ward structure and the number of Elected Members.

In 2017, the Local Government Advisory Board (LGAB) issued new guidelines to assist with reviews and encouraged local governments to conduct reviews more frequently to ensure that equitable representation was being maintained.

This has been further supported by the recent Local Government Review Panel Final Report recommendation to conduct reviews every four years and for multiple wards to be removed from Band 3 and 4 Shires and the need for wards to be evaluated in the other Shires. The Shire of Broome is a Band 2 Shire so the use of wards will remain optional based on this recommendation.

COMMENT

The Broome Ward currently has 7 Councillors with a Councillor to Elector Ratio of 1: 936 whereas the Dampier Ward has 2 Councillors with a Councillor to Elector Ratio of 1: 585.

The elector to Councillor ratio deviation for the Dampier ward compared to the whole of the Shire of Broome continues to decline with this deviation increasing from 27% in 2016 to 31.8% based on the District Roll at the October 2019 Ordinary Election.

The LGAB recommends a deviation of no more than plus or minus 10% for balanced representation.

At both the 2017 and 2019 Ordinary Election of Council, an election in the Dampier Ward was not required due to the sole candidate being elected unopposed.

Elector participation rates in the Dampier Ward when elections last occurred in 2015 (21.6%) and 2013 (27.4%) were 5% and 7% down on the participation rate in the Broome Ward.

Further to Council workshops and briefings on the above on 25 August 2020 with Councillors Male, Mitchell, Taylor, Tracey, West and Wevers present and 1 October 2020 with Councillors Foy, Matsumoto, Mitchell, Taylor and Tracey present, it is recommended that Council resolve to undertake a further review of the ward boundaries and councillor representation.

The review process involves the following steps:

1. Council resolves to undertake the review;

2. Public submission period opens for 6 weeks;

3. Information provided to the community for discussion;

4. Public submission period closes;

5. Council considers all submissions and relevant factors and decides on any changes;

6. Council submits a report to the LGAB for its consideration; and

7. If a change is proposed, the LGAB submits a recommendation to the Minister for Local Government (the Minister).

The LGAB has advised local governments to submit reports no later than 31 January 2021 to allow enough time for the LGAB and Minister to consider changes and for them to be in place for the next ordinary election due in October 2021.

When considering changes to wards and representation, Schedule 2.2 of the Act specifies the factors that must be considered:

· Community of interest;

· Physical and topographic features;

· Demographic trends;

· Economic factors; and

· Ratio of Councillors to Electors in the various wards.

The LGAB offers the following interpretation of these factors:

Community of interest

The term community of interest has several elements. These include a sense of community identity and belonging, similarities in the characteristics of the residents of a community and similarities in the economic activities. It can also include dependence on the shared facilities in an area as reflected in catchment areas of local schools and sporting teams, or the circulation areas of local newspapers.

Neighbourhoods, suburbs and towns are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.

Physical and topographic features

These may be natural or man-made features that will vary from area to area. Water features such as rivers and catchment boundaries may be relevant considerations. Coastal plain and foothills regions, parks and reserves may be relevant as may other man-made features such as railway lines and freeways.

Demographic trends

Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.

Economic factors

Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a Local Government area (or the release of land for these) and the distribution of community assets and infrastructure such as road networks.

Ratio of Councillors to Electors in the various wards

It is expected that each Local Government will have similar ratios of Electors to Councillors across the wards of its district.

Officers have prepared a draft discussion paper titled “Shire of Broome Review of Wards and Representation” (Attachment 1), which is based on the template provided by the LGAB. The discussion paper outlines 3 models for Council’s consideration and recognises that alternative recommendations may be put forward by the public.

Council is requested to approve the release of the discussion paper and give local public notice of its intention to carry out a review process and seek public submissions over a minimum 6-week period.

On conclusion of the public consultation period, and following consideration of any submissions received, Council will then be asked to select one option to be put forward in a report to the LGAB.

CONSULTATION

Ward review was discussed at the Councillor Workshop on 25 August 2020 with Councillors Male, Mitchell, Taylor, Tracey, West and Wevers present.

A further workshop was held on 1 October 2020 with Councillors Foy, Matsumoto, Mitchell, Taylor and Tracey present.

An advertisement will be placed in the Broome Advertiser and promoted on the Shire’s Facebook page inviting the community to participate in the Shire of Broome Review of Wards and inviting written submissions for six weeks.

An email notification will be sent to those residents that have provided one, the review will be heavily promoted through regular shire radio advertisements during the consultation phase and each of the major aboriginal communities will be contacted through their respective CEO’s advising of the review and availability to make comment.

STATUTORY ENVIRONMENT

Local Government Act 1995

Schedule 2.2 — Provisions about names, wards and representation

6. Local government with wards to review periodically

(1) A local government the district of which is divided into wards is to carry out reviews of —

(a) its ward boundaries; and

(b) the number of offices of councillor for each ward,

from time to time so that not more than 8 years elapse between successive reviews.

(2) A local government the district of which is not divided into wards may carry out reviews as to —

(a) whether or not the district should be divided into wards; and

(b) if so —

(i) what the ward boundaries should be; and

(ii) the number of offices of councillor there should be for each ward,

from time to time so that not more than 8 years elapse between successive reviews.

(3) A local government is to carry out a review described in subclause (1) or (2) at any time if the Advisory Board requires the local government in writing to do so.

[Clause 6 amended by No. 49 of 2004 s. 68(5) and (6).]

7. Reviews

(1) Before carrying out a review a local government has to give local public notice advising —

(a) that the review is to be carried out; and

(b) that submissions may be made to the local government before a day fixed by the notice, being a day that is not less than 6 weeks after the notice is first given.

(2) In carrying out the review the local government is to consider submissions made to it before the day fixed by the notice.

8. Matters to be considered in respect of wards

Before a local government proposes that an order be made —

(a) to do any of the matters in section 2.2(1), other than discontinuing a ward system; or

(b) to specify or change the number of offices of councillor for a ward,

or proposes under clause 4(2) that a submission be rejected, its council is to have regard, where applicable, to —

(c) community of interests; and

(d) physical and topographic features; and

(e) demographic trends; and

(f) economic factors; and

(g) the ratio of councillors to electors in the various wards.

[Clause 8 amended by No. 49 of 2004 s. 68(7).]

9. Proposal by local government

On completing a review, the local government is to make a report in writing to the Advisory Board and may propose* to the Board the making of any order under section 2.2(1), 2.3(3) or 2.18(3) it thinks fit.

* Absolute majority required.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Review of Wards and Representation Discussion Paper has been prepared in-house and is based on the template provide by the LGAB.

The estimated cost for advertising in the Broome Advertiser is $350.

Further financial implications may be presented to Council when public submissions are presented following the community consultation period. These will primarily relate to Elected Members fees and allowances if there is a change in the number of Councillors, and if Landgate are required to undertake any boundary changes.

RISK

The Local Government Act 1995 (the Act) requires that each Local Government with a Ward system carry out a review of the ward boundaries and the number of offices of Councillor for each ward at least every eight years.

The review poses minimal risk and maintains compliance with the Act.

STRATEGIC IMPLICATIONS

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

Effective communication

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

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Endorse the ‘Shire of Broome Review of Wards and Representation Discussion Paper’ as attached; and

2. Commence the review of its ward boundaries and representation in accordance with Schedule 2.2 of the Local Government Act 1995; and

3. Endorse the following community consultation activities during the review:

(a) Public Notice in the Broome Advertiser;

(b) Promotion via the Shire’s Facebook Page and Website;

(c) Promotion on local radio;

(d) Email to residents who have provided an address; and

(e) Personal contact with each of the major aboriginal communities.

4. Authorise the Chief Executive Officer to undertake the steps required to facilitate the review.

Council Resolution:

Minute No. C/1020/002

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

1. Endorse the ‘Shire of Broome Review of Wards and Representation Discussion Paper’ as attached; and

2. Commence the review of its ward boundaries and representation in accordance with Schedule 2.2 of the Local Government Act 1995; and

3. Endorse the following community consultation activities during the review:

(a) Public Notice in the Broome Advertiser;

(b) Promotion via the Shire’s Facebook Page and Website;

(c) Promotion on local radio;

(d) Email to residents who have provided an address; and

(e) To hold in person community information sessions in each of the main Aboriginal communities.

4. Authorise the Chief Executive Officer to undertake the steps required to facilitate the review.

CARRIED UNANIMOUSLY 8/0

Reason: To ensure that Information Sessions are held in each of the main Aboriginal Communities.

Attachments

1.	Draft Shire of Broome Review of Wards and Representation Discussion Paper
2.	Option 1 - Broome Ward Map (Current)
3.	Option 1 - Dampier Ward Map (Current)
4.	Option 2 - Broome Ward Map (Expanded Area)
5.	Option 2 - Dampier Ward Map (Reduced Area)

Minutes – Special Meeting of Council 6 October 2020 Page 1 of 2

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

6.2.1 REQUEST FOR TENDER 20-08 CHINATOWN REVITILISATION PROJECT STAGE 2

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFT20-08

AUTHOR: Director Infrastructure

CONTRIBUTOR/S: Project Engineer

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

At the Special Meeting of Council 17 September 2020, Council resolved to accept the Tender submitted by Georgiou Group Pty Ltd as the most advantageous Respondent from which to form a Contract for RFT 20/08 Chinatown Revitalisation Project Stage 2. The Chief Executive Officer was authorised to commence negotiations with the Georgiou Group.

This report details the revised pricing provided by Georgiou Group resulting from contract negotiations and consideration of budget implications. Through this item Council is requested to consider awarding RFT 20/08 Chinatown Revitalisation Project Stage 2.

Council Resolution:

(Report Recommendation) Minute No. C/1020/003

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Endorse the minor variations a) to r) for RFT20/08 Chinatown Revitalisation Project Stage 2 as detailed in this report;

2. Waive Tip Fees as highlighted in minor variation (a);

3. Acknowledge that Separable Portion C Carnarvon Street South is not part of the Chinatown Revitalisation Project stage 2 however agree to additional funding allocation to see the Precincts Revitalisation complete;

4. Authorises the Chief Executive Officer to enter into a contract with Georgiou Group for RFT 20/08 Chinatown Revisitation Project Stage 2 for a maximum contract sum of $14,469,008.90 (excluding GST);

5. Authorises the Chief Executive Officer to sign the contract documentation and negotiate contract variations during the works if necessary;

6. Notes the construction program provided by Georgiou Group will run across the 2020/21 and 2021/22 financial years;

7. Approves the following budget amendments:

*Account*	*Current Budget* *Ex GST*	*Budget Amendment Ex GST*	*Amended Budget Ex GST*
*Cost*
*Short Street Streetscape Enhancements*	*$4,482,500*	*$1,221,500*	*$5,704,000*
*Napier Terrace Streetscapes Enhancements*	*$3,470,000*	*$899,000*	*$4,369,000*
*Carnarvon Street North Streetscape Enhancements*	*$3,020,000*	*$813,000*	*$3,833,000*
*Chinatown Transit Hub and Pocket Park*	*$1,270,000*	*$307,000*	*$1,577,000*
*Visitor Amenities*	*$150,000*	*$36,000*	*$186,000*
*Carnarvon Street South Streetscapes Enhancements*	0	*$887,000*	*$887,000*
*Total Estimated Cost*	*$12,392,500*	*$4,163,500*	*$16,556,000*
*Funding*
*DPIRD Grant*	*$10,292,500*	*$196,500*	*$10,489,000*
*KDC Grant*	*$100,000*		*$100,000*
*Borrowings*	*$1,785,000*		*$1,785,000*
*Municipal funds*	*$215,000*		*$215,000*
*Road Reserve*		*$836,000*	*$836,000*
*Surplus Developer Contributions (DevWA)*		*$316,000*	*$316,000*
*LRCI Program Funding*		*$316,000*	*$316,000*
*Additional WATC Loan (12.5% Contingency)*		*$1,800,000*	*$1,800,000*
*Total Funding Available*	*$12,392,500*	*$3,464,500*	*$15,857,000*
Residual Expenditure to be funded by 19/20 Surplus*		*$699,000*	*$699,000*

8. Request the Chief Executive Officer make the required adjustments for in-kind works at the First Quarter 2020/21 Financial and cost review;

9. Request the Chief Executive Officer allocate the 2019/20 surplus to the CRP2 Project at the adoption of the Annual Report;

10. Acknowledge the requirement of a project contingency of 12.5% or $1,800,000 Ex GST due to the nature and timing of the works and that this would be drawn down on as the quantum of any variations or damages area realised through risk events during the project;

11. Authorises the Chief Executive Officer to borrow $1,800,000 from Western Australian Treasury Corporation In the 2020/21 financial year, for a maximum period of 15 years to provide for project contingency.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Attachments

Nil

Communication	Integrity
Respect	Innovation
Transparency	Courtesy