Minutes of Ordinary Meeting - Thursday, 10 December 2020

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 10 December 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

Councillors:	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 F West
	Cr N Wevers

Apologies:	Nil


Leave of Absence:	Nil


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Watt	Director Corporate Services
	Mr N Cain	Director Development and Community
	Mr A Graffen	Director Infrastructure
	Mr D Kennedy	Manager Governance, Strategy and Risk
	Ms L Levi	Senior Administration and Governance Officer
	Mr G McKnight	Marketing & Communications Coordinator
	Mr J Macmath	Special Projects Coordinator
	Ms S Doohan	Customer Service Officer
	Ms S Parker	Manager People and Culture
	Mr L Fouche	Manager Planning and Building Services

Media:	Jakeb Waddell	Broome Advertiser
	Tyne Logan	ABC

Public Gallery:	Georgina Meyer
	Don Hodgson
	Jan Hodgson
	Victoria Eicher
	William Lloyd
	Molly Huang
	Richard Nicolls
	Karen Servei
	Mick Servei
	Matthew Hartlibe
	Gaye Wotherspoon
	Andrew Chambers
	S Gardiner
	Eric Wallis
	Brenda Slate
	Damien Slate
	Cait Westlake
	Tony Hutchinson
	James Hagan
	Lynda Hagan
	Damien Slate
	Maureen Tracey
	David Galwey
	Donna Foy
	Warren Minshull
	Brendan Renkin
	Gill Hutchins
	Norm Fitzgerald
	Lindi Roworth

3. Announcements By President Without Discussion

The President made announcements without discussion before the close of the meeting. The announcements are captured below.

The President spoke about the Community Safety Forum that was held at the Broome Civic Centre on Monday, 7 December 2020.

He said ‘It was a productive and constructive event, with Broome community members able to hear directly from WA Treasurer Ben Wyatt, the Opposition Leader Zak Kirkup and the heads of a number of government agencies.’

Highlighting the importance of residents being able to ask questions and air their grievances to decision-makers, he said that ‘Some of the suggestions from the public made real sense and I left the meeting with a sense of positivity and hope for the future. While one community forum was never going to fix the social issues our town faces, it is a great starting point for positive change.’

‘Although dealing with crime is not part of the Shire’s core business I am committed to driving further collaboration between relevant parties and helping to drive change in a search for solutions. The next step is the Shire picking through the bones of what was said on the night and to put forward proposals to the State Government in an attempt to access additional support. Our team is working hard on delivering this – it is clearly a major community priority.’

The video from the night’s event and the answers to public questions from the forum will be available on the Shire’s website soon.

The President thanked his fellow Councillors, Shire staff, the media and members of the public for their input this year. He said that ‘2020 had been a rollercoaster of a year but our community has banded together through the COVID-19 times and our town remains an amazing place to live, work and visit.’

The President mentioned a number of highlights which included the culmination of the Town Beach Foreshore Redevelopment, extensive consultation processes around the Strategic Community Plan review, the Broome Boating Facility project and the commencement of Stage 2 of the Chinatown Revitalisation Project.

He finished by wishing everyone an early happy Christmas and thanking everyone for their support over the last 12 months.

4. Declarations Of Interest

FINANCIAL INTERESTS (s5.60A)
Councillor	Item No	Item	Nature of Interest
Cr P Matsumoto	14.2	Regional Resource Recovery Park Site Comparison Report.	‘Former Director of Yawuru RNTBC.’
Cr H Tracey	14.2	Regional Resource Recovery Park Site Comparison Report.	‘A company of which I am a Director and Major Shareholder is in a Joint Venture Company.’
Cr B Rudeforth	14.2	Regional Resource Recovery Park Site Comparison Report	‘Director of Narli Walami Pty Ltd, Subsidiary of NBY. Employed by Buru Energy who is closely associated with NBY.’

INDIRECT FINANCIAL INTERESTS (s5.61)
Councillor	Item No	Item	Nature of Interest
Cr P Taylor	14.2	Regional Resource Recovery Park Site Comparison Report.	‘Closely associated person – Cr Tracey’.
Cr F West	14.2	Regional Resource Recovery Park Site Comparison Report	‘Closely associated person - Goolarri Media and Kimberley West (husband)’.

PROXIMITY INTERESTS (s5.60B)
Councillor	Item No	Item	Nature of Interest
Nil

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr E Foy	14.2	Regional Resource Recovery Park Site Comparison Report	‘Cultural reason’.
Cr C Mitchell	9.1.2	COVID-19 Community Support Grants Program 2020-2021	‘A member of Lions International.’

Due to the significant nature of Item 14.2 Regional Resource Recovery Park Site Comparison Report, Ministerial Exemption was granted under section 5.69(3)(b) for Cr West, Cr Taylor and Cr Matsumoto to fully participate and vote on the item. The following Ministerial approval letter was circulated to Councillors prior to the meeting.

5. Public Question Time

Public Question Time opened at 5:04 PM.

The following Public Questions were submitted by Don Hodgson prior to the meeting:

Question One (1)

Will the Shire provide the Broome Community a reasonable amount of time to make submissions to the Shire and to Council on the newly introduced RRRP Site on the southern corner of McGuigan and Cape Leveque Roads (and on any other prospective Sites that have been introduced since September 2015) prior to any further Site selection section process and if not why not?

Response provided by Sam Mastrolembo, Chief Executive Officer:

A confidential report is included on tonight’s Agenda providing Council an update on site investigations which have been undertaken on two previously determined preferred locations for the siting of the proposed Regional Resource Recovery Park.

Site investigations have occurred over an 8 year period and have covered a 60km radius of Broome, most recently being focussed on these two sites.

A Site Comparison Report has been completed and is tabled for Council consideration. The report essentially compares the technical suitability and financial implications of each site Development Option.

Council endorsement of a Community Engagement Plan for the preferred site selection process is also sought tonight. The Community Engagement Plan has been drafted in accordance with Council’s Community Engagement Framework and sets out the proposed community engagement process.

The matter is therefore the subject of Council deliberation this evening.

Question One (2)

I refer to the hydrogeological and geotechnical investigations that are now underway on two (2) potential RRRP Sites. Would you please advise who will be undertaking this work, when it is expected to be completed and will the findings be publicly available for an independent opinion?

Response provided by Sam Mastrolembo, Chief Executive Officer:

At the Council meeting held on 26 September 2019, Council resolved to accept the Quotation submitted by Talis Consultants as the most advantageous quotation from which to form a contract for RFQ 19-72 ‘Broome Waste Facilities Site Investigations and Planning’. As above, the Site Comparison Report is being tabled with Council tonight along with a Community Engagement Plan. The Community Engagement Plan will determine the process moving forward.

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The following Public Question was submitted by Matthew Hartlieb prior to the meeting:

Question One (1)

With drownings off Gantheaume Point over the years and the recent unfortunate tragedy of a life been taken at Cable Beach, Broome can be a challenging place to enjoy the water. The number of crocodiles on the rise and the common knowledge that box jellyfish and Irukandji can cause serious harm or even death adds to this challenge. For six months of the year or more, anyone who enters the water for a recreational swim or to try and cool off, risks injury.

As lovely as Cable Beach is, would the Shire consider and actively engage with Yawuru and traditional owners to discuss constructing a safe swimming facility in the form of a tempered ocean bath? The ocean bath could be located south of Gantheaume Point as there is enough space for an infinity pool, large enough to accommodate both recreational swimmers and lap lanes for those who swim for exercise.

Response provided by Nathan Cain, Director Development and Community:

An ocean bath located south of Gantheaume Point has not been discussed, nor considered, as a Council priority, to-date.

Land in and around this location is considered culturally sensitive by the Yawuru people. It is understood ocean baths are typically located below the high-tide level.

The land below the high-tide level, at the location described in the question, is the responsibility of the Kimberley Port Authority and is not under the care, control or management of the Shire of Broome.

A similar proposal has been identified in Council’s Old Broome Development Strategy located at Town Beach, although has not been funded in the Long-Term Financial Plan.

The following Public Questions were received from Gaye Wotherspoon prior to the meeting:

Question One (1)

Are Councillors aware that the Department of Water and Environmental Regulation, The Water Corporation and indeed the Broome Shire themselves, are unable to guarantee that ground water used by residents of Coconut Wells and indeed Broome itself, will not be contaminated by seepage from the BRRRP, should it be located on site D2. on the south west corner of McGuigan and Cape Leveque roads?

Response provided by Sam Mastrolembo, Chief Executive Officer:

As described previously, a confidential report is included on tonight’s Agenda providing Council an update on site investigations that have been undertaken on two previously determined preferred locations for the siting of the proposed Regional Resource Recovery Park (RRRP).

There are specific requirements for separation distances between landfills and groundwater that have been outlined and policed by the Department of Water and Environmental Regulation (DWER). This includes a 3 meter minimum separation distance between the base of a landfill cell and the top of a groundwater aquifer. This is above and beyond the Victorian Environmental Protection Authority’s Best Practice Landfill Guidelines, which are nationally used guidelines. Further approval process to be adhered to if they choose progress the project.

Question Two (2)

We the residents and property owners of Coconut Well request a meeting with all relevant Shire personnel and Councillors to discuss the issues surrounding the Broome Regional Resource Recovery Parks Site D2 at a convenient time and date in the near future.

Response provided by Sam Mastrolembo, Chief Executive Officer:

The matter of community engagement is the subject of Council deliberation this evening. A formal meeting request can be considered at any time.

The following Public Question was received from Eric Wallis prior to the meeting:

Question One (1)

Would the Shire please provide me with full copies of all documents relating to the BRRRP Site D2, to include but not be necessarily be limited to the Site's conception, selection, reviews, investigations, all work done to date together with all other documents to the current date.

Response provided by Sam Mastrolembo, Chief Executive Officer:

The matter of distribution of data and information is the subject of Council deliberation this evening.

The following Public Questions were submitted by Andrew Chambers prior to the meeting:

Question One (1)

Item 9.1.1 Endorsement of a Band Drinkers Register (BDR) and Takeaway Management System (TAMS)

Question One (1)

9.1.1 The report provided to Council does not indicate any point in time or on-going assessment of the effectiveness of the proposed register or TAMS system. Has the Shire undertaken any research on the effectiveness of the proposed approach? How will the Shire evaluate whether the proposed system is effective in achieving the goals? And has the Shire undertaken any assessment of the available support services for people placed on the register? If not can he explain why a very profitable industry is not financially supporting these critical measures to reduce the harm and danger to abusers, their community, their friends, family caused by the abuse of their product? Can the Shire President explain the point of any expenditure if this trial is “voluntary” for any outlet when we have already seen two of the Accord members wreck the initial TAMS implementation through their non participation?

Response provided by the Shire President, Harold Tracey:

Liquor accords are a co-operative arrangement aimed at developing safe and well managed environments in, and around, licensed premises in the local context. They are part of an overall strategy seeking to achieve a standard of practice to assist in fostering a responsible drinking culture; ensure safety in the local community, and promote effective communication and problem solving between licensees and key stakeholders.

Each liquor accord is focussed on resolving local issues within a local area.

Liquor accords may include representatives from licensed premises, businesses, councils, police, government departments and other community organisations.

The intended outcomes of liquor accords include:

reducing of anti-social behaviour in and around licensed premises;
reducing alcohol-related violence, ill-health and other harm;
increasing the responsible service of alcohol;
improving licensees and club operators, managers and staff knowledge of legislative obligations;
reducing alcohol-related road trauma;
facilitating and maintaining positive communication between stakeholders;
enhancing community cooperation and understanding of the various roles and resources of government agencies;
enhancing community engagement in various controls and strategies that affect their community; and
improving local amenity through the development of proactive and effective responses to local issues.

Council is considering an item to allocate $50,000 (ex GST) to support the implementation of the Banned Drinker Register Trial.

The trial is to be implemented for a two-year period, across the wider area of the Kimberley and Pilbara regions; and will be independently evaluated by the University of Western Australia.

It is envisaged the State government will be the primary administrative body.

Licensees have not been requested to make a financial contribution.

The Department of Racing, Gaming and Liquor support the concept of a voluntary liquor accord, preferring a co-operative approach over enforcement through conditions on licences to sell alcohol.

The Broome Liquor Accord is a formally registered Accord with the Department and is one of many across the state.

Question Two (2)

Will the Shire be pushing the State to have this implemented more permanently?

Response provided by the Shire President, Harold Tracey:

I would encourage you to read the minutes from the Kimberley Zone, they have a regionally endorsed policy on liquor restrictions that they have pushed for the last three (3) and a half years. Having liquor restriction is ineffective without the TAMS systems in place as people can purchase alcohol across multiple venues. We will need the community to get behind the push for these systems if we want the State to fund the project.

The Shire President referred the question to Nathan Cain, Director Development and Community for further response:

Council is considering an item to allocate $50,000 (ex GST) to support the implementation of the Banned Drinker Register Trial.

The trial is to be implemented for a two-year period, across the wider area of the Kimberley and Pilbara regions; and will be independently evaluated by the University of Western Australia.

Licensees have not been requested to make a financial contribution. The Department of Racing, Gaming and Liquor support the concept of a voluntary liquor accord, preferring a co-operative approach over enforcement through conditions on licences to sell alcohol. The Broome Liquor Accord is a formally registered Accord with the Department and is one of many across the State.

Andrew Chambers noted the time and requested to have the answers to his other questions that were submitted prior to the meeting processed administratively. His reason was to allow enough time for other public members to ask questions.

The following questions were submitted by Brendan Renkin prior to the meeting:

Question One (1)

Response provided by Harold Tracey, Shire President:

The trial is to be implemented for a two-year period, across the wider area of the Kimberley and Pilbara regions. It will then be independently evaluated by the University of Western Australia.

It is envisaged the state government will be the primary administrative body. The Shire understands the State Government will be rolling out the process, with additional conversations and engagement with other support services as a part of this process.

The Banned Drinkers Register is still new for everyone, it is a trial for everyone. The Shire has been monitoring outcomes of the TAMS trial in the Shire of Wyndham East Kimberley for a few years to try to understand the impact. TAMS works by scanning a persons identification and if they have purchased alcohol elsewhere the system will alert the retailer.

We have to trial the BDR system, if we don’t we won’t know if it will work or not. We will be trialling BDR and TAMS at the same time as the Pilbara region which will ensure that there is sufficient data to base findings on.

We will be implementing TAMS along with the BDR and part of the trial will include third party assessment and reporting on outcomes by the University of WA. The court have the option to put people who commit alcohol related offences on the Banned Drinkers Register which is done in conjunction with providing support for people with these types of addiction problems. If someone is already on a banned list it will show in TAMS.

Results from our trial will be made publicly available and we are hoping that the data will tell us it is successful.

Question Two (2)

9.4.2 Corporate Business Plan – can the Shire explain how the process for including items on which the Shire is yet to make a decision are included in the Business Plan? For example, does the inclusion of Action 7.3.3 Broome Boating Facility at Entrance Point prevent Shire Councillors from voting against the current proposal if the matter comes before Council subsequent to the adoption of the plan?

Response provided by James Watt, Director Corporate Services:

The Corporate Business Plan Actions are drawn from various informing strategies. They aim to demonstrate to the community how the Council will work towards the achievement of the Outcomes and Objectives in the Strategic Community Plan, all designed to improve the quality of life for everyone in Broome.

In relation to Action 7.3.3, Council at a Special Council Meeting on 17 March 2020 resolved to endorse the new concept for the Broome Boating Facility at the revised Entrance Point Location.

Further to this at the Ordinary Meeting of Council on 23 September 2020, Council resolved to endorse the revised Broome Boating Facility Concept Design for inclusion in the Department of Transport Business Case.

Actions in the Corporate Business Plan are reviewed and updated on an annual basis and as circumstances dictate. Councillors are required to assess each agenda item on its merits at the time of presentation and vote accordingly. The adoption of the Strategic Community Plan and Corporate Business Plan does not impact on this.

Question Three (3)

9.4.2 On page 18 of the plan under What We Will Do there is a statement “A campaign to increase diversity, equal opportunity and local representation in the Shire of Broome’s workforce”. Can the Shire explain when this will be done, how, whether any targets will be set and why a campaign as opposed to an ongoing policy / strategy approach has been chosen?

Response provided by Sam Mastrolembo, Chief Executive Officer:

It is noted that the Strategic Community Plan and Corporate Business Plan take effect 1 July 2021 and will be used as informing documents for next Year’s Annual Budget. The action to which you refer is contained within the first year of the plan ie. 2021/22.

The Shire has recently prepared a Strategic Workforce plan which is an Informing Strategy under the Integrated Planning And Reporting Framework. This document will in due course further clarify how we deliver this action.

It should be noted that the Workforce Plan is an administrative document.

Due to the length of the Agenda, the Shire President closed Public Question Time at 5:28 PM. Public Questions submitted prior to the meeting that which were not answered will be processed administratively.

6. Applications for Leave of Absence

Nil.

7. Confirmation Of Minutes

Council Resolution:

(Recommendation) Minute No. C/1220/001

Moved: Cr D Male Seconded: Cr P Taylor

That the Minutes of the Ordinary Meeting of Council held on 19 November 2020, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 9/0

8. Presentations / Petitions / DEPUTATIONS

Nil.

9. Reports From Officers

COUNCIL RESOLUTION

(REPORT RECOMMENDATION) Minute No. C/1220/002

Moved: Cr D Male Seconded: Cr C Mitchell

That Council;

1. Move item 10.3 Minutes of the Audit and Risk Committee 2 December 2020 in the order of business before item 9.4.4 2019/20 Annual Report.

2. Note the reason for moving the Item is Council are required to endorse the 2019/20 Annual Financial Report prior to considering the 2019/20 Annual Report.

CARRIED UNANIMOUSLY 9/0

9.1 Our People

9.1.1 ENDORSEMENT OF THE PROPOSED BANNED DRINKERS REGISTER IMPLEMENTATION AND CONFIRMATION OF SHIRE CONTRIBUTION TO SUPPORT A TWO YEAR TRIAL ACROSS THE KIMBERLEY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RCG01; OGS03

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Manager Community and Economic Development

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

In an effort to reduce alcohol related harm across the Shire and the Kimberley, the Kimberley Regional Group is seeking Council’s commitment to the introduction by the State Government of a 2 year Banned Drinkers Register trial (and associated Takeaway Alcohol Management System).

Council is requested to reaffirm its previous financial commitment of $55,000 (including GST) towards alcohol management initiatives and the Takeaway Alcohol Management System.

BACKGROUND

Previous Considerations

OMC 29 August 2019 Item 10.1

The Kimberley Regional Group (KRG) has been proactively promoting the implementation of a Takeaway Alcohol Management System (TAMS) across the Shires of the West Kimberley for several years.

TAMS technology was implemented at the Shire of Wyndham-East Kimberley several years ago and the group has continued to push for the extension of liquor restrictions and TAMS technology across the region to provide a consistent application of liquor management for residents and visitors.

At its 29 August 2019 Ordinary Meeting, Council allocated $55,000 (including GST) towards the implementation of a TAMS system to facilitate the introduction of voluntary liquor restrictions in the Shire of Broome (the Shire of Derby West Kimberley was also part of the TAMS implementation being led by the KRG, however operate separate but similar liquor restrictions under their Liquor Accord). Due to the onset of COVID-19 the project was put on hold and funds subsequently returned to the Shire’s Kimberley Zone reserve at the end of the 2019-20 financial year.

At the time that this project was being considered and planned, the State Government was reluctant to support the initiative or to intervene, and so the Banned Drinkers Register was not included as this required State Government intervention into the project.

The political environment has since changed at a state level and the current State Government has announced a BDR trial in the Pilbara, commencing in the Pilbara on 1 December 2020 for a 2-year period.

The KRG has since been asked to participate in a BDR trial tentatively commencing in early 2021 (noting that at the time of writing this report the start date had not been confirmed).

There is significant lead time required to acquire the software and ensure all stakeholders and the community are educated and consulted prior to its commencement.

The Minister has advised that the project would be voluntary for licensees to participate in, however the support of the peak industry bodies and local liquor accords has been received for this initiative.

COMMENT

The KRG on behalf of the four Shires of the Kimberley has been advocating for inclusion into the Pilbara Banned Drinkers Register (BDR) Trial. It is the position of the Kimberley Shires that a mechanism to manage problem drinkers is essential in the fight for improved social outcomes for our people, and a reduction in anti-social behaviour and violence in our communities.

Liveability is also of crucial importance to the economic advancement of our regions, particularly in relation to the attraction and retention of people and business to the Kimberley and the Shire of Broome. It is further noted that as a social investment strategy, one of the key benefits of the trial is likely to be a lessening of the financial demand on State government services such as health, policing, and community services, allowing the State the opportunity to use savings to enhance service outcomes throughout the Kimberley.

The KRG, which operates under agreement of, and is funded by the Shires in the Kimberley, made a commitment in 2019 to subsidise TAMS in the West Kimberley, as was the case in the East Kimberley when the State introduced Section 64 restrictions. TAMS is fundamental in enabling licensees to immediately and discretely identify those not entitled to purchase alcohol, either due to volumes sought or due to other interventions.

A $100,000 commitment was made by the KRG in 2019 to part fund the TAMS rollout in the West Kimberley.

At its 29 August 2019 Ordinary Meeting, Council allocated $55,000 (including GST) towards the implementation of a TAMS system to facilitate the introduction of Voluntary Liquor restrictions in the Shire of Broome. The Shire of Derby West Kimberley committed a further $12,500.

$25,000 of grant funding was also received by the KRG to deliver analysis and reporting on the TAMS trial.

Procurement processes undertaken by the Shire of Broome in early 2020 indicated that funding for a TAMS system in the West Kimberley would likely exceed the allocated budget. Prior to any decision being made COVID-19 impacted the process and the procurement was suspended and the TAMS implementation put on hold.

Following COVID and the implementation of State of Emergency liquor restrictions the KRG began actively advocating to participate in the Pilbara Banned Drinkers register. This was well received by the State who began investigating options for a dual rollout of BDR across the Pilbara and Kimberley.

In September 2020 the Minister for Racing and Gaming, the Honourable Paul Papalia wrote to the KRG confirming commitment of the group to fund a BDR trial. The correspondence noted that cost estimates for implementing a 2-year BDR and TAMS trial across the Kimberley amounted to $970,000.

The KRG has committed to supporting and negotiating a way forward in the interests of the Kimberley communities and their residents, and has subsequently asked member Shires to reaffirm their contributions where possible, in a demonstration of good faith to the State Government.

Reaffirming financial commitment at local government level should send a very effective message that the Kimberley is keen to see this initiative introduced in our region. Highlighting the significant financial benefits that will accrue from such an initiative (and directly benefit the state) through further lobbying will also assist in ensuring ongoing State government support in tackling what is a complex issue for the region.

The KRG has already been working towards clarifying how BDR and TAMS will operate to ensure that the investment will deliver successful outcomes. Items for investigation include:

1. Assistance, training and support for liquor outlets;

2. Regional branding, marketing and advertising of information relating to the BDR and TAMS

3. How names will be added to the register;

4. Whether the police and courts will actively participate; and

5. The impact, if any, on the existing Section 64 requirements in the Kimberley.

At its October Ordinary Meeting the Shire of Derby West Kimberley committed $30,000 towards the BDR initiative. At the Joint Kimberley Zone and Kimberley Regional Group meeting held 23 November 2020, the group reallocated its previous TAMS financial commitment to the BDR and TAMS trial to be operated by the State government. The group also increased its funding commitment to $135,000.

Council is requested to confirm that its previous financial commitment of $55,000 (including GST) towards alcohol management initiatives and the Takeaway Alcohol Management System is redirected to support the partial funding of the BDR and TAMS trial to be operated by the State government.

CONSULTATION

Extensive consultation has occurred through several avenues regarding the concerns of the Community and Agencies regarding alcohol harm minimisation and the reduction in antisocial behaviour:

· Kimberley Regional Group

· Racing and Gaming

· Broome Liquor Accord

· Broome Police

· Department of Communities

· District Leadership Group

STATUTORY ENVIRONMENT

Local Government Act S6.8 (Expenditure from municipal fund not included in annual budget) outlines that a local government is not to incur expenditure from its municipal fund for an additional purpose, except (amongst other things) where the expenditure is authorised in advance by absolute majority resolution. An “additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

Local Government Act S6.8 (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; or

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

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

* Absolute majority required.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

As no budget has been allocated for this purpose it is requested that $55,000 inclusive of GST be allocated from the Shire’s Kimberley Zone reserve to Account 405235 Kimberley Zone – Alcohol Management Initiatives.

RISK

There is a reputational risk should Council not support the allocation of funds to the project. This may result in the community questioning the Shire’s commitment to reduce crime and anti-social behaviour frequently occurring within the Shire and within the townsite of Broome specifically. Allocating funds towards the project will mitigate this risk.

There is a reputational risk that the trial doesn’t achieve the improved social impacts anticipated. To mitigate this risk the Shire, through the KRG, will lobby the State Government to seek its involvement (as the collaboration of the State Government is pivotal to ensuring that the trial is given every opportunity to succeed and lines up and provides access to mechanisms that are not generally available to the Shire in isolation).

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

A healthy and safe environment

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/003

Moved: Cr D Male Seconded: Cr B Rudeforth

That Council:

1. Confirms commitment to reducing alcohol related harm through the development of Voluntary Liquor Restrictions supported by a Banned Drinker Register and a Takeaway Alcohol Management System;

2. Supports the implementation of a 2-year Banned Drinker Register trial within the Shire of Broome and the wider Kimberley region;

3. Supports the Kimberley Regional Group lobbying the WA State Government to gain inclusion of the Kimberley in the Pilbara Banned Drinker Register Trial, and to seek that the State Government provide the necessary funding for the 2-year trial.

4. Allocates $55,000 including GST to Takeaway Alcohol Management System equipment supporting the Banned Drinker Register;

5. Approves the allocation of $55,000 including GST from Account 23598 Transfer from Kimberley Zone Reserve to Account 405235 Kimberley Zone – Alcohol Management Initiatives.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Attachments

1.	Attachment 1 - Letter from Minister for Racing and Gaming RE: Banned Drinkers Register

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

Cr C Mitchell declared an Impartiality Interest in item 9.1.2, the reason being ‘A member of Broome Lions International with no financial interest.’ Cr C Mitchell made written declaration that he will consider the matter on its merits and vote accordingly.

9.1.2 COVID-19 COMMUNITY SUPPORT GRANTS PROGRAM 2020 - 2021

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS01

AUTHOR: Community Projects Officer

CONTRIBUTOR/S: Manager Community and Economic Development

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Community Sponsorship Assessment Working Group was recently scheduled to consider applications for funding in accordance with the COVID-19 Community Support Grants Program 2020-2021.

A quorum was not reached for this meeting, with Councillors who were in attendance providing informal feedback on the applications only.

In order to provide applicants with a timely response, and opportunity to deliver projects, this report requests Council approve the Shire officer recommendations regarding providing funding for six (6) applicants to the COVID-19 Community Support Grants Program 2020-2021for a total of $19,485 (ex GST).

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, with other Elected Members as proxies, upon request by the members.

The first iteration of a COVID-19 Community Support Grants Program replaced the Annual Community Matched Funding in the 2019-2020 financial year, as per Council resolution on 09 April 2020.

The second iteration of the program was delivered from remaining funding.

The COVID-19 Community Support Grants Program provides local community organisations, not for profit groups, charities, and community service providers with a one-off grant arrangement, ranging between $2,000 and $5,000.

The first iteration COVID-19 Community Support Grants Program provided a total of $50,225 to charities, not-for-profits, sporting clubs and community service providers, - $10,000 of which was contributed by EDL Energy.

At the Ordinary Council Meeting of 25 June 2020, Council resolved to utilise the unallocated funds ($96,674) for a further funding round prior to 31 December 2020.

The second iteration of the COVID-19 Community Support Grants Program is available for projects occurring between December 2020 and June 2021, with up to $5,000 available per application, to a maximum of 50% of total project costs.

Projects are prioritised where the applicant has satisfactorily addressed the community sponsorship guidelines.

COMMENT

Submissions for the second iteration of the COVID-19 Community Support Grants Program were requested between 25 October 2020 and 16 November 2020.

A total of six (6) applications were received, requesting a total of $23,485 (ex GST) (refer to Attachments).

The CSAWG was scheduled on 26 November 2020 to assess the applications in accordance with the funding guidelines.

The meeting was attended by Cr Mitchell and Cr Taylor only, meaning the required quorum of three members was unable to be reached.

Apologies were received from Cr Rudeforth and Cr Male.

Shire officers and attending Councillors held informal discussions regarding potential allocations.

Following consideration of the applications, Shire officers recommend Council allocate $19,485 (ex GST) from the Shire’s Community Sponsorship Program towards the six (6) applicants, noting not all applications met all criteria, hence why requested funding does not match allocated funding.

There were not ineligible applications.

Shire officer recommendations are shown below:

Organisation	Initiative	Recommended Amount
The Unframed Project	Youth photography project.	$2,500
Broome Golf Club	A community event.	$1,850
Headspace Kimberley	Youth development project.	$4,500
Incredible Edible Broome	Gardening in Broome Guide.	$4,550
Kimberley Arts Network	Broome Fringe Festival 2021 promotion.	$4,085
Lions Cancer Institute	Mobile Cancer Screening Coach.	$2,000
Total		$19,485

CONSULTATION

The COVID-19 Community Support Grants Program was advertised:

· On the Shire of Broome website;

· On the Shire of Broome Facebook page;

· Through radio advertisements; and

· Via a direct marketing email campaign to the Shire’s community database.

Applications and guidelines were available via the Shire of Broome website, and by contacting Shire officers.

Assistance was provided by Shire officers to individual applicants to help them lodge applications.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Council is requested to note, in accordance with Council Policy 3.4.2 (Community Sponsorship Program) unallocated funds from the Community Sponsorship Program remaining as at 30 June 2021, will be transferred to the Community Sponsorship Reserve.

FINANCIAL IMPLICATIONS

The total value of successful applications is $19,485, and this will be drawn from the Community Sponsorship Program Expense Account (Account number 22172).

It is proposed this is the last COVID-19 Community Support Grants Program round and the Shire will recommence the Annual Community Matched Funding round in March 2021.

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 in response to the program criteria.
Perception of community impact	Reputational	Low	Continue to assist applicants in the future and review application documentation.
CSAWG was unable to formally meet due to lack of quorum	Reputational	Low	The two available members provided Shire officers with informal advice, and the balance of Council will have the opportunity to consider the recommendations.
Use of unspent funds	Reputational	Low	Funds proposed to be utilised towards the Annual Community Matched Funding round in March 2021.

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/004

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

1. Pursuant to Council Policy 3.4.2 – Community Sponsorship Program, approves the Shire officer’s recommendation relating to the distribution of COVID-19 Community Support Grants Program funding to support the following applicants (a total of $19,485 (ex GST)), for the purposes and in the manner, as listed below:

(a) The Unframed Project - $2,500 towards youth photography project.

(b) Broome Golf Club - $1,850 towards a community event.

(c) Headspace Kimberley - $4,500 towards youth development project.

(d) Incredible Edible Broome - $4,550 towards production of a Gardening in Broome Guide.

(e) Kimberley Arts Network - $4,085 towards promotional material for the Broome Fringe Festival 2021.

(f) Lions Cancer Institute - $2,000 towards operating costs for Mobile Cancer Screening Coach.

2. Notes the Annual Community Matched Funding round will be advertised in March 2021, and that no further COVID-19 Community Support Grants Program rounds will occur.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Broome Golf Club Application
2.	Attachment 2 - Headspace Application
3.	Attachment 3 - Incredible Edible Application
4.	Attachment 4 - Kimberley Arts Network Application
5.	Attachment 5 - Lions Cancer Institute Application
6.	Attachment 6 - Unframed Project Application
7.	Attachment 7 - Evaluation

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.1.3 BROOME CEMETERY MASTER PLAN 2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CTE39

AUTHOR: Engineering Technical Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Broome Cemetery Master Plan 2020 was developed to present a long-term vision for the Broome Cemetery. A Community Engagement Plan was prepared and has been carried out to notify and consult with the community and stakeholders.

This report provides details of the submissions received from the community and stakeholders during the public consultation and recommends Council’s endorsement of the revised Broome Cemetery Master Plan 2020.

BACKGROUND

Previous Considerations

OMC 25 FEB 2016 Item 9.2.5

At OMC 25 February 2016 Council considered the draft Broome Cemetery Master Plan following a public consultation period and resolved the following.

COUNCIL RESOLUTION:

Moved: Cr B Rudeforth Seconded: Cr H Tracey

That Council:

1. Acknowledges all submissions received during the draft Broome Cemetery Master Plan public consultation period.

2. Endorses the revised Broome Cemetery Master Plan which includes the following amendments;

(a) Toilet to be removed from the Master Plan

(b) Internal roads to be sealed bitumen

(c) A low visually permeable fence be used for the Public Access Way fencing on the southern boundary

(d) The crematorium be removed from the future expansion area

(e) The memorial area shown within the North Section (Catholic) be reserved for the Filipino community.

(f) A new area be nominated within the West Section for an Aboriginal burial and memorial area

3. Does not wish to proceed with the construction of a toilet at the Cemetery and adopts the following budget amendments to the 2015/16 Annual Budget;

(a) Job No 107556 Broome Cemetery New Infrastructure Capital Expense be reduced from $100,000 to nil, and

(b) Account 107567 Transfer from Building Reserve – Other Community Amenities be reduced from $100,000 to nil.

4. Notes that there are no funds in the long term financial plan for upgrades to the Cemetery and that implementation of the Cemetery Master Plan will be considered during the full review of the Corporate Business Plan in 2016/2017.

COMMENT

To date, there have been a number of improvements implemented at the Broome Cemetery following the 2016 Resolution.

· Formalisation and bitumen sealing of the internal road network;

· Development of an internal memorial garden including seating;

· Installation of lighting along the southern boundary pedestrian access way; and

· Renewal of fencing on Eastern boundary along D ’Antoine Street.

The internal cemetery toilet was removed from the master plan through the 25 February 2016 OMC resolution and the 2015/16 budget was amended to remove construction funding for this project. This decision was influenced by feedback provided through the community consultation which expressed concerns around it attracting antisocial behaviour. A Councillor project Brief was presented for consideration as part of the 2020/21 budget. This Project brief was supported, and budget allocated within the 2020/21 financial year on the basis that the toilet would be for restricted access and the final location informed by the Cemetery Master Plan 2020. These works are anticipated to commence early in 2021.

The purpose of the Cemetery Master Plan is to ensure that future development is prioritised and undertaken in a coordinated manner. The Broome Cemetery Master Plan 2020 (Attachment 1) identifies the following development features for prioritisation:

• Perimeter Fencing;

• Access Gate to Entry Points;

• CCTV;

· Upgrade Signage & Way Finding;

• Privately Operated Crematorium & Chapel;

• Port Drive Car Parking;

• D’Antoine Street Car Parking;

• Community Memorials;

• Caretakers Shed, Equipment & Employment;

• Gated Entry from Cable Beach Road East Roundabout;

• Wanggajarli Burugun Project Area; and

• Expansion of denominational sections based on future requirements.

A 60 day consultation period on the draft Broome Cemetery Master Plan 2020 was provided from 7 September 2020 to 6 November 2020 inline with the projects community engagement plan. (Attachment 2). At the close of the public consultation period, 53 submissions were received (Attachment 3) with a late submission received on 24 November 2020 from the Japanese community.

The results of the submissions and priority rankings have been presented in Table 1. The public was asked to priorities the development features from 1 to 10, with 1 indicating the highest priority and 10 the lowest. These have been further categorised between High, Medium and Low based on the priority ranking.

Table 1: Priority Ranking

Priority Ranking	Total Score	Priority Rank	Category
Perimeter Fencing	167	1	High
CCTV	173	2	High
Access Gate to Entry Points	264	3	Medium
Privately Operated Crematorium & Chapel	267	4
Upgrade Signage & Way Finding	292	5
Caretakers Shed, Equipment & Employment	293	6
D'Antoine Street Car Parking	300	7
Port Drive Car Parking	318	8	Low
Community Memorials	325	9
Gated Entry from Cable Beach Road East Roundabout	349	10

Table 2: Support for development features.

	Supported	Undecided	Objected	Total
Perimeter Fencing	47	3	1	51
Toilet Block (for restricted use)	37	10	2	49
Future Car Parks	41	6	3	50
Community Memorials	41	9	0	50
Caretakers Shed, Equipment & Employment	44	4	2	50
Remove Internal Sectional Fencing	25	16	10	51
Future Expansion Area	35	10	6	51
Crematorium	36	6	9	51
Chapel	33	13	5	51
Gated Entry from Cable Beach Road East Roundabout	33	12	4	49
Overall Support	42	3	2	47

Additional matters raised during the consultation period which are to be considered through ongoing operational accounts include:

· More shade trees;

· Marking of unmarked graves;

· Increased provision of taps;

· Better disability access; and

· Removal of internal sectional fencing and delineate by other means.

Individual correspondence was received from Nymaba Buru Yawuru (NBY) in regards to the Wanggarjarli Burugun site and from the Chief Health Officer in regards to the proposed Crematorium. These items and correspondence are summarised below.

The Shire of Broome’s Corporate Business Plan 2020-2024 has action 3.1.4.2 Partner with Nyamba Buru Yawuru to develop a Repatriation Area in the Broome Cemetery within resource constraints. Shire officers have been collaborating with NBY and their consultants to identify a suitable location for a repatriation area. An agreed location was proposed in the Draft Cemetery Master Plan 2020 with frontage on Port Drive. The agreed area in the draft document was formally requested to be increased in a letter from then CEO Mr Peter Yu dated 16 April 2020 (Attachment 4). This request was driven by evolving and expanding numbers of remains and the desire that the Wanggajarli Burugun Memorial and Resting Place will be a landmark site that will create a community-focused site imbued with mabu liyan (good feeling) for future generations. This increase was incorporated in the Cemetery Master Plan 2020.

Formal correspondence was received from NBY through the public comment period for the Broome Cemetery Master Plan and is provided in Attachment 5. The comments provided are summarised below.

a) Shire of Broome liaise further with Yawuru via the Yawuru PBC, Cultural Reference Group (CRG) and in particular seek the involvement of Mr Kevin Puertollano regarding the West Section;

b) Advise that the Cultural Reference Group are considering an ‘Ossuary’ as the final resting place for remains; and

c) Request a 10m buffer around the Wanggarjarli Burugun site to allow for future growth requirements and act as a cultural buffer in the short term.

Officers have engaged with NBY following this correspondence to clarify the comments. It was confirmed that engagement with Mr Puertollano was ongoing and valued with particular regard to the West Section. Initial discussions around this site considered remains of 32 men, women and children however these numbers were expanding and evolving. Current considerations are for many hundreds of remains which may be homed in a ‘Ossuary’. This would be a partially climate-controlled burial facility within the site which could accommodate up to 500 persons. This facility would provide for future capacity within the site in comparison to previous consideration of burial plots. Until a way forward is defined through the CRG the buffer zone requested will not be proposed for any development or denomination in the Cemetery Master Plan 2020.

Consideration of a Crematorium was included in the Broome Cemetery Master Plan 2020 following interest of a private operator who has identified a market and need for the service however has been challenged to identify a suitable location. The inclusion in the Master Plan allows for public comment on the inclusion and the proposed location. Of the 51 submissions 36 were in support of the crematorium, with 6 undecided and 9 noting an objection to its inclusion. Whilst 36 respondents were in support of the crematorium not all were supportive of the location.

To provide clarity around the regulatory requirements of this proposal comment was sought from the Chief Health Officer in relation to the licensing and approval of a Crematorium. Correspondence was received (Attachment 6) within detailed that in accordance with the Cremation Act 1929 (the Act), cremation without a license is prohibited. The correspondence detailed that applications must be made to the Governor of Western Australia for a license to use and conduct specified crematorium pursuant to S. 4)1) of the Act.

It was detailed that Pursuant to s. 4 (2) of the Act applicants for a licence under the Act must satisfy the following:

a) That they have sufficient authority to use the site or proposed site;

b) That they have erected and provided on the site in accordance with the regulations and to the satisfaction of the Chief Health Officer, such building, fittings, works, and apparatus as are necessary for the inoffensive, decent, and effective cremation of dead human bodies, or, in case the crematorium is not already established, that the Chief Health Officer has approved of the plans and specifications of the proposed building, fittings, works, and apparatus;

c) That notice of intention to apply for the licence has been given by advertisement, at least once in each of the 8 successive weeks immediately proceeding the date of application, in a public newspaper circulating in the city, town, or place within which the crematorium is erected or proposed to be erected, and that by such advertisement it was announced that objections to the granting of the license might be ledged with the Chief Health Officer; and

d) That where an objection to the granting of the license has been lodged with the Chief Health Officer, the Chief Health Officer has overruled the objection.

Should council endorse the inclusion of a Crematorium future development of this facility would be bound by license approval, public advertisement period, authority to use the site.

CONSULTATION

A 60-day public consultation period was provided to ensure there was adequate opportunity for the community to comment on the draft Master Plan. The advertising period commenced on 7 September 2020 and closed on 6 November 2020 and included:

• The 2020 Draft Master Plan and online submission form was available on the Shire website;

• Public notices were displayed on the notice boards at the Shire Administration Office, Broome Library and the Broome Cemetery. Advertisements were placed in the Broome Advertiser detailing the proposed changes with references to locations where the 2020 Draft Master Plan could be viewed and how to make submissions;

• Letters were sent to all Primary and Secondary Stakeholders as identified in the Community Engagement Plan (Attachment 2); and

• A public workshop meeting was held on Wednesday 18 November 2020, following the feedback submissions (20 Attendees).

STATUTORY ENVIRONMENT

Local Government Act 1995

Cemeteries Act 1986

Shire of Broome Cemeteries Local Law 2012

Cremation Act 1929

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Other capital upgrades within the Broome Cemetery Master Plan will be programmed when the Broome Cemetery Master Plan has been adopted. Officers recommend that funding for the improvements detailed in the Cemetery Master Plan be considered as part of the full review of the Corporate Business Plan.

RISK

The risk to the Shire of not adequately considering the submissions made during the public consultation period is a “High”, as it would be “Likely” that there would be a “Moderate” impact to the Shire’s reputation. This risk would be mitigated by appropriately considering submissions received during the public consultation period.

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

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 preserved, historical and cultural heritage of Broome

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

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

Simple Majority

Motion:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Acknowledges submissions received during the 2020 Broome Cemetery Master Plan public consultation period;

2. Endorses the revised Broome Cemetery Master Plan 2020 and the prioritisation of development features as listed below:

High Priority

(a) Perimeter fencing;

(b) Installation of CCTV at all entry/exit points.

Medium Priority

(c) Access Gate to Entry Points;

(d) Privately Operated Crematorium and Chapel;

(e) Upgrade Signage & Way Finding;

(f) Caretakers Shed, Equipment and Employment;

(g) D’Antoine Street Car Parking.

Low

(h) Port Drive Car Parking;

(i) Community Memorials;

(j) Gated Entry from Cable Beach Road East Roundabout.

3. Request the Chief Executive Officer progress detailed costings for priority projects for consideration and inclusion in the Long Term Financial Plan.

PROPOSED Motion

Moved: Cr N Wevers Seconded: Cr F West

That Council:

1. Acknowledges submissions received during the 2020 Broome Cemetery Master Plan public consultation period;

2. Endorses the revised Broome Cemetery Master Plan 2020 and the prioritisation of development features as listed below:

High Priority

(a) Perimeter fencing;

(b) Installation of CCTV at all entry/exit points.

Medium Priority

(c) Access Gate to Entry Points;

(d) Upgrade Signage & Way Finding;

(e) Caretakers Shed, Equipment and Employment;

(f) D’Antoine Street Car Parking.

Low

(g) Port Drive Car Parking;

(h) Community Memorials;

(i) Gated Entry from Cable Beach Road East Roundabout.

3. Request the Chief Executive Officer progress detailed costings for priority projects for consideration and inclusion in the Long Term Financial Plan.

4. Request the Chief Executive Officer investigates and recommends a possible new Crematorium and Chapel area location in the new LPS 7 and Strategy.

LOST 3/6

Cr F West and Cr E Foy requested to have their votes in the affirmative recorded.

Council Resolution

Minute No. C/1220/005

Moved: Cr P Taylor Seconded: Cr D Male

That Council:

1. Acknowledges submissions received during the 2020 Broome Cemetery Master Plan public consultation period;

2. Endorses the revised Broome Cemetery Master Plan 2020 and the prioritisation of development features as listed below:

High Priority

(a) Perimeter fencing;

(b) Installation of CCTV at all entry/exit points.

Medium Priority

(c) Access Gate to Entry Points;

(d) Privately Operated Crematorium and Chapel

(e) Upgrade Signage & Way Finding;

(f) Caretakers Shed, Equipment and Employment;

(g) D’Antoine Street Car Parking.

Low

(h) Port Drive Car Parking;

(i) Community Memorials;

(j) Gated Entry from Cable Beach Road East Roundabout.

3. Request the Chief Executive Officer progress detailed costings for priority projects for consideration and inclusion in the Long Term Financial Plan.

4. Request the Chief Executive Officer to investigate alternative locations for a crematorium as part of the LPS7 planning process currently underway, prioritising reserve parcels of land in the first instance.

CARRIED 6/3

Reason: To determine if there are other possible locations for a crematorium within the Shire.

Cr F West requested to have her vote recorded against in the minutes.

Attachments

1.	Attachment 1 - Broome Cemetery Master Plan 2020
2.	Attachment 2 - Community Engagement Cemetery Master Plan 2020-21
3.	Attachment 3 - Schedule of Submissions - Public Comments
4.	Attachment 4 - Cemetery Master Plan 2020 NBY Submission
5.	Attachment 5 - Wanggajarli Burugun Memorial Resting place NBY request to increase site area.
6.	Attachment 6 - Cemetery Master Plan 2020 - Correspondence CHO

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.2 Our Place

9.2.1 DEVELOPMENT APPLICATION 2020/83 - SWIMMING POOL ASSOCIATED WITH A CARETAKER'S DWELLING AT LOT 33 (4) DAWN WAY, BILINGURR

LOCATION/ADDRESS: Lot 33 (4) Dawn Way, Bilingurr

APPLICANT: PP & CC Investments Pty Ltd T/as Pearl Coast Pools

FILE: DAW-1/4

AUTHOR: Coordinator Planning Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received a development application seeking approval for the construction of a swimming pool associated with an existing caretaker’s residence at Lot 33 (4) Dawn Way, Bilingurr.

The application has been assessed against the Shire’s Local Planning Scheme No 6 and Local Planning Policy 5.17 – Caretaker’s Dwelling and Attached Offices in the Light and Service Industry Zone.

The application is being referred to Council for determination as delegation PLA5 – Determine Development Application, has a condition preventing officer delegation when variation to a Council Policy is proposed.

This report recommends the application be approved.

BACKGROUND

Previous Considerations

Nil

Site and Surrounds

Lot 33 (4) Dawn Way, Bilingurr is a 1,998m² property, which is zoned Light and Service Industry under Local Planning Scheme No 6 (LPS6).

The site is currently developed with a motor repair workshop, storage shed, and caretaker’s dwelling with attached carport.

A crossover has been provided to the ancillary dwelling at the north-western entry to the property, however no crossover has been provided for the vehicle access at the north- eastern entry to the property.

Proposal

The application is seeking approval for the construction of a swimming pool (Attachment 2) which is considered an incidental residential development as specified under Clause 1.1 (vii) of Local Planning Policy 5.17 – Caretaker’s Dwelling and Attached Offices in the Light and Service Industry Zone (LPP 5.17).

The proposal includes variations to standards specified in LPP 5.17.

COMMENT

An assessment of the application against the Local Planning Framework has been undertaken and considered to be generally consistent and suitable for approval, subject to conditions.

The areas of the proposal requesting policy variation and therefore requiring consideration and a decision by Council are as follows:

LPP5.17 CARETAKER’S DWELLINGS AND ATTACHED OFFICES IN THE LIGHT AND SERVICE INDUSTRY ZONE

1. Clause 1.1 (vii)

Incidental residential development such as carports, open verandahs, swimming pools, and the like will be permitted on the basis that the total area of the lot set aside for residential purposes (including the Caretaker’s Dwelling, gardens, swimming pool, outbuildings and the like) does not exceed an area equal to that of industrial buildings on the lot, or 10 percent of the total lot area, which ever is the lesser.

Proposed: approximately 20% of total lot area.

2. Clause 1.1 (viii)

A Caretaker’s Dwelling will only be considered on lots that have a site area of 2,000m² or more.

Proposed: Site area is 1,998m².

3. Clause 1.1 (ix)

All Caretaker’s Dwellings shall be located at the rear of a lot or behind the industrial or other approved use on the site. Caretaker’s Dwellings on sites with two road frontages may be orientated to one road frontage as opposed to being situated at the rear of the lot.

Proposed: Existing Caretaker’s Dwelling is located at the Dawn Way road frontage.

4. Clause 1.2

A noise report prepared by a suitably qualified consultant must be submitted with an application for development approval setting out any noise acoustic measures required to be implemented to ensure a reasonable noise level for future occupants of the Caretaker’s Dwelling.

Proposed: Noise report not provided.

The existing caretaker’s dwelling contained on site does not meet with these requirements.

The caretaker’s dwelling was approved in 1991, with the further addition of a carport approved in 2014.

Shire records suggest the caretaker’s dwelling has been utilised, without impact on surrounding land uses, for approximately 30 years.

The proposed swimming pool would be an incidental component to the existing caretaker’s dwelling and further increase the existing variations obtained.

Whilst a swimming pool may not be commonly provided with a caretaker’s dwelling, some do exist in association with caretaker dwellings in Broome and LPP5.17 does reference ‘swimming pools’ when identifying the amount of land which can be used for caretaker’s dwelling purposes.

It has been determined the area related to the existing caretaker’s dwelling (including the carport and enclosed yard) on site is approximately 350m² or 17.5% of the site area. Approval of the swimming pool would increase this area to approximately 400m² or 20% of the site area, being double that of the 10% amount prescribed under LPP5.17.

The proposal would also see the amount of the Dawn Way frontage occupied by the caretaker’s dwelling use expand.

Currently the area occupied by the caretaker’s dwelling is limited to the western side of the lot.

The pool is proposed on the eastern side of the lot resulting in the caretaker’s dwelling use occupying most of the frontage of the lot (excluding the driveway) and, given the layout of existing buildings on site, this location is the most practical and convenient for a swimming pool to be provided in association with the caretaker’s dwelling.

Importantly, this area is currently not required for the industry operations occurring on-site, however it is noted a development approval previously required sealing of on-site carparking and manoeuvring near the proposed swimming pool location, and this remains outstanding.

Although a noise report as required by LPP5.17 has never been provided for the existing caretaker’s dwelling, requiring one for this application was considered to provide minimal benefit due to the non-habitable nature of the swimming pool and noting that the caretaker’s dwelling has been occupied for many years without making complaints regarding noise.

A deed of agreement and notification on the title will, however, ensure future landowners acknowledge a lower enjoyment of residential living, and lower environmental health standards, are to be expected.

Further exceedance of the percentage of land used for caretaker’s dwelling and expanded presence on the Dawn Way frontage would not impact on the use of the site for its approved ‘industry’ use and, therefore, it is considered the objectives of LPP5.17 will still be achieved and the caretaker’s dwelling would remain an incidental and compatible land use.

CONSULTATION

In accordance with Local Planning Policy 5.14 – Public Consultation, the application was deemed to be Level A, and therefore no consultation was required.

Development of the Caretaker’s Residence has previously occurred, and the proposal is considered a minor modification.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

68. Determination of applications

(1) The local government must not determine an application for development approval until the later of —

(a) if the application is advertised under clause 64 — the end of each period for making submissions to the local government specified in a notice referred to in clause 64(3); and

(b) if a copy of the application has been provided to a statutory, public or planning authority under clause 66 — the end of each period for providing a memorandum to the local government referred to in clause 66(3).

(2) The local government may determine an application for development approval by —

(a) granting development approval without conditions; or

(b) granting development approval with conditions; or

77. Amending or cancelling development approval

(1) An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following —

(a) to amend the approval to extend the period within which any development approved must be substantially commenced;

(b) to amend or delete any condition to which the approval is subject;

(c) to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d) to cancel the approval.

(2) An application under subclause (1) —

(a) is to be made in accordance with the requirements in Part 8 and dealt with under this Part as if it were an application for development approval; and

(b) may be made during or after the period within which the development approved must be substantially commenced.

(3) Despite subclause (2), the local government may waive or vary a requirement in Part 8 or this Part in respect of an application if the local government is satisfied that the application relates to a minor amendment to the development approval.

(4) The local government may determine an application made under subclause (1) by —

(a) approving the application without conditions; or

(b) approving the application with conditions; or

Local Planning Scheme No.6

Deemed provisions for local planning schemes (Schedule 2)

POLICY IMPLICATIONS

Approval would require variation to several prescribed standards under LPP5.17.

The existing built form already varies from these standards and limits opportunities for an alternative layout.

The objectives of LPP5.17 are:

1. Avoid incompatible uses being developed within the Light and Service Industry zone.

2. Ensure Caretaker’s Dwellings do not impact upon development of industry related land uses within the Light and Service Industry zone and do not impose constraints on the lawful use of land for industrial purposes nor compromise the integrity of the in the Light and Service Industry zone.

3. Ensure Caretaker’s Dwellings remain incidental to industrial uses.

There are unique circumstances giving support to the proposed variations.

However, alternative opportunities do exist such as locating the proposed swimming pool to the rear of the lot (south eastern corner) or where the existing caretaker’s dwelling yard is contained (to the east of the carport at the Dawn Way frontage).

It is considered the proposed variations are acceptable under the circumstances and the objectives of the Policy would still be achieved if the proposed development is to be approved.

FINANCIAL IMPLICATIONS

Nil

RISK

Precedent

If the variations are supported, and the application approved, there is a risk some members of the community will view this as a precedent.

However, any variation to policy requires a ‘merits-based’ assessment, with similar relevant circumstances, prior to Development Approval being granted.

User Safety

The private access to, and use of, the pool will be at the risk of the land owner.

Decision Review

If aggrieved by Council’s decision, the applicant may seek a review of the decision to the State Administrative Tribunal.

The applicant can also seek an amendment of the Development Approval and amendment or removal of conditions of approval from the local government.

STRATEGIC IMPLICATIONS

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

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

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

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

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:

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/006

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That Council:

1. The development plans, as date marked and stamped ‘Approved’, together with any requirements and annotations detailed thereon by the Shire of Broome, are the plans approved as part of this application and shall form part of the development approval issued, except where amended by other condition of this approval.

2. Landscaping of the site must be in accordance with the approved Landscaping Plan and must be completed prior to occupation of the development and then maintained to the satisfaction of the Shire.

3. Prior to the commencement of the use of the development, all vehicle crossovers must be designed and constructed (sealed, brick paving, bitumen, concrete) to the Shire's standard cross-over specification.

4. A deed of agreement is to be prepared and executed at the owner’s cost between the owner and the Shire prior to the commencement of the use of the Swimming Pool, under which the owner agrees and acknowledges the following:

The subject site is located within a Light and Service industry precinct. As such, lower levels of residential amenity may result. In constructing the swimming pool associated with the caretaker’s dwelling, the owner agrees to indemnify the Shire over any claim arising from activities undertaken within the Light and Service Industry precinct which may adversely impact on the maintenance of and / or enjoyment of the swimming pool;

The deed of agreement is to permit the Shire to lodge a caveat against the Certificate of Title to the land to secure the performance of the obligations of the Deed.

5. Prior to the occupation of the development a notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the Certificate of Title of the subject site. The notification is to state as follows:

‘The occupancy of the caretaker’s dwelling may result in a lesser or lower enjoyment of residential living, and lesser or lower prescribed environmental health standards, which would ordinarily be expected if living in the Shire’s designated or zoned residential areas.’

ADVICE NOTES

Note 1: If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in this approval after the date of determination, the approval will lapse and be of no further effect.

Note 2: Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

Note 3: If the applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

Note 4: An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following:

(a) to amend the approval to extend the period within which any development approved must be substantially commenced;

(b) to amend or delete any condition to which the approval is subject;

(c) to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d) to cancel the approval.

The application is to be made in accordance with the requirements in Part 8 of the Planning and Development (Local Planning Schemes) Regulations 2015 and dealt with under this Part as if it were an application for development approval; and may be made during or after the period within which the development approved must be substantially commenced.

Note 5: This is a Development Approval of the Shire under its Local Planning Scheme No. 6. It is not a Building Permit or an approval to commence or carry out development under any other law. It is the responsibility of the owner to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

Note 6: The granting of this Development Approval is not a clearance that there are no Aboriginal Heritage Sites on the land nor is it an approval under Section 18 of the Aboriginal Heritage Act 1972. The owner will need to make enquiry and application to the Department of Planning, Lands and Heritage in order to ensure compliance with the Aboriginal Heritage Act 1972.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Existing Site Plan
2.	Attachment 2 - Development Plans

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.2.2 BROOME SKATEPARK REDEVELOPMENT

LOCATION/ADDRESS: Cable Beach Road East, Broome WA 6725

APPLICANT: Nil

FILE: RES 42502

AUTHOR: Club Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents the Broome Skatepark Concept Design prepared by CONVIC Pty Ltd for Council’s consideration.

The report recommends the design be endorsed by Council and requests the Chief Executive Officer to progress the detailed design and seek opportunities for external funding to construct the skatepark during the 2021-2022 financial year, in line with the Council’s Corporate Business Plan.

BACKGROUND

Previous Considerations

Nil.

The Broome Skatepark located at the front of the Broome Recreation Aquatic Centre (BRAC) (Reserve 42502) on Cable Beach Road East was constructed in 2000.

In July 2014 a condition assessment of the park was undertaken by skatepark design consultants, CONVIC Pty Ltd (CONVIC).

Their assessment determined the overall condition and functionality of the facility was not achieving its potential and rated it as poor, with the suggested life span of the facility being five years.

CONVIC provided three options for consideration.

1. Demolish and replace.

2. Demolish sections and redesign and refurbish.

3. Refurbishment.

During the 2015-2016 financial year, preliminary works were undertaken to make the park safe, including the removal of coffee rock and rebuilding of concrete batters with further works to repair large cracks in the concrete running through the centre of the site undertaken in February 2019.

The Broome skate space is a key asset to the community and youth.

It offers the ongoing opportunity for skateboarders, BMX riders and scooter users to engage with a sporting activity that continues to grow in popularity, and improved skills and abilities in these sports.

The Shire of Broome’s Sport and Recreation Plan included significant consultation with the sporting and general community.

The skatepark was included as a high priority item in the Sport and Recreation Plan (2019 – 2029) with this document endorsed by Council at the February 2019 Ordinary Meeting of Council.

After consideration of the previous condition report, the Plan states the following regarding the redevelopment of the skatepark:

‘Option 1: Demolish + Replace

Based on the site evaluation and site report, any level of refurbishment will be unable to achieve an ‘EXCELLENT’ rating facility.

This option is provided to achieve the ‘EXCELLENT’ rating, however, requires the demolition, redesign and replacement of the entire facility to the highest level of functionality and build quality.

Based on the initial assessment of community, facility, and local skate context it is suggested that a similar style to the current facility should be developed (transition).

It is recommended the design be expanded to include a greater diversity of features and obstacles in line with current day best practice design and trends.

Further consultation is required to identify client, community and user needs.

The new facility should be designed and built to best practice by an experienced skatepark design and construction specialist.’

Council has since expressed an interest in the construction of a regional level skatepark and, as such, allocated $1 million in the Long-Term Financial Plan toward the construction of a new skatepark in the 2021-2022 financial year.

In February 2020 officers undertook a request for quote process seeking a consultant to recommend a suitable site for the Broome Skatepark and to develop a detailed design for a regional level skate park.

CONVIC were awarded the work in February 2020.

COMMENT

A regional level skatepark is defined as a park that provides ample space and components to enable a variety of different skilled users to frequent the space daily.

This includes a significant amount of skateable terrain for a range of users from beginner to advanced levels.

Generally, there is one regional level park per municipality, so it needs to be easily accessible by public transport and car.

Site Selection

The Broome Skatepark Site Selection Report (refer Attachment 1) provides a comprehensive assessment of potential sites and included concept design for a $1 million regional level skatepark.

Iconic locations such as the Cable Beach and Town Beach Foreshore Reserves were considered, however with recent master planning having been completed at both sites, and no space for a skatepark allocated, these sites were not considered any further.

The report included a detailed assessment of both the BRAC1 Youth Bike Precinct and the existing Broome Skatepark.

These sites were assessed on ten (10) criteria:

1. Physical site and technical considerations.

2. Access / transport.

3. Natural surveillance, security and safety.

4. Proximity to amenities (water, toilets, shade, shade, food and drink).

5. Impact on existing facilities, adjoining uses and users.

6. Distance from housing and incompatible land use.

7. Event space opportunities (multiplicity of use).

8. Maintenance issues.

9. Context and Amenity.

10. Consistency with Strategic Objectives.

CONVIC recommended the existing skatepark as the preferred site.

It reported the location provided an opportunity to build on the existing youth sport and recreation hub, easily accessible to schools and the town centre, and has enough space for a regional scale facility.

CONVIC’s evaluation gave the existing Broome Skatepark a ranking of 85% as the preferred location, compared to the BRAC1 Youth Bike Precinct with a ranking of 58%.

The result of this site selection report was presented to Councillor’s in a workshop on Tuesday 26 May 2020, which was attended by seven of the nine elected members.

Draft Concept

The concept design detailed a 1,800sqm site incorporating the existing skatepark space and the current car parking spaces adjacent to it.

The design was developed directly from the community consultation feedback focussing on beginner and intermediate levels and was designed as a flow style skatepark where users can move throughout the precinct without pushing, generating speed from the different obstacles.

The concept includes 19 key technical features from ramp and street styles, including mini ramp and quarter pipes and street specific features.

Although one concrete expanse, the design has five distinct zones:

1. Mini Ramp zone

2. Open Flow Bowl

3. Fast Street

4. Tech Street

5. Beginner Street

During the predesign consultation period there were many references to the natural environment.

CONVIC incorporated a natural theme to the colouring to represent the iconic colours of the Broome ocean and earth.

The Draft Concept design was workshopped with Council and was presented to Councillor’s in a workshop on Tuesday 25 August 2020, which was attended by six of the nine elected members.

It was then promoted to the public for community feedback in September 2020.

CONVIC analysed the public feedback and the revised concept plan is now presented to Council for endorsement based on the community comment and CONVIC’s professional opinion (refer Attachment 2 and below).

Broome Skatepark final concept design.

The most notable adjustment to the design is the closing of the bowl.

Originally it was open to maximise flow through to the street sections, however there were concerns the area would increase opportunity for collisions.

The bowl now also incorporates a drain to remove direct water via a ‘door way’ into the swale on Cable Beach Road East.

Elements within the bowl have been adjusted to increase the flow in the now closed section.

Several technical aspects have also been adjusted in the street section to increase the flow and make the area more accessible to all abilities.

The quarter pipe has been extended and merged with other sections to increase usage.

There is also a balustrade included at the end of the run for safety purposes.

One of the shade shelters has been relocated and additional seating has been included within it, which serves a dual purpose as it provides a form of fencing from the entrance road into Lottery House.

This shelter is set back 3.5m from the bowl to allow greater separation than the previous design.

Seating under the two recycled shelters has been reconfigured as tiered concrete to maximise space.

CONSULTATION

Pre-Design Survey

An online pre-design survey was promoted for two weeks at the start of June 2020.

The online advertising campaign involved sharing the survey on CONVIC’s social media pages, the Shire of Broome Facebook page and via contacts at local schools, sporting clubs and through the Broome Youth Coordinating Network.

The survey was also provided to Council’s Youth Advisory Committee (YAC).

The survey received 203 responses with 49% of those under the age of 22 (refer Attachment 3).

CONVIC noted the 203 responses received exceeded expectations and was greater than feedback received from a similar sized facility in a much larger municipality in metropolitan South Australia.

The survey asked specific questions relating to demographics and skateboarding and sought feedback on other activities that could be included in the space.

It also sought to prioritise which features were most preferred, and what made Broome iconic to get a sense of what the design could represent.

A comprehensive report on the findings is provided (refer Attachment 3), with some of the key details and feedback shown below:

· Most people, 89%, responding to the survey identified as beginner (59%) or intermediate (30%) level.

· Skateboards, scooters and BMX were the most popular activities the public wanted to see the area used for:

o Skateboards - 65%.

o Scooters - 50%.

o BMX riders - 43%.

· 60% of those surveyed used the existing skatepark.

· Of those who did not use it, 33%, referenced the poor condition or poor design of the park for their lack of use with 10% also referencing the facility as not being suitable for smaller children.

· Shade, drinking fountains and night-time use were the most popular facilities requested to be included in the youth space:

o Shade - 90%.

o Drinking fountains - 83%.

o Night-time - 75%.

· Street and transition style are the preferred riding method of 45% of responders, with flowy transition favoured by 50%.

· Some form of bowl was the most popular obstacle / feature requested in the survey with 28%.

· A half or quarter pipe was desired by 16%.

· A ramp or jump was requested by 15%.

CONVIC concluded the skatepark should be a unique and friendly destination providing multi-discipline street and transition style elements for all skill levels, catering for alternative recreation and celebrating the culture and heritage of Broome.

Draft Concept Survey

A draft Concept survey, including a 3D video of the proposed design, was distributed to the public for feedback from 11 September 2020 to 25 September 2020.

Of the responses:

· Most were from parents (60%).

· 15% were from people aged 22 and under.

· Most people, 62%, identified as beginner users.

The Survey asked specific questions about the street and bowl areas, including favourite features and what changes the public would make to the design.

The mini ramp was the most popular feature in the bowl area with 54% of people making comment, and the quarter pipe was the most popular street zone element at 30%.

When asked if there were any changes they would make in the park design, the following comments were made:

Changes in the bowl:

· 22%, made a specific compliment about the bowl design or indicated satisfaction with the design.

· 18%, suggested including more shade.

· 12%, recommended more focus on a kids / toddler specific area.

Changes in the street zone:

· 33%, complimented the street zone or indicated satisfaction with the design.

· 33%, suggested including more shade.

· 15%, recommended more focus on a kids / toddler specific area.

Additional amenities:

· 48%, suggested including more shade.

· 18% complimented the concept or indicated satisfaction with the design.

· 13%, recommended including toilets.

STATUTORY ENVIRONMENT

Local Government Act 1995

3.18. Performing executive functions

(1) A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

(2) In performing its executive functions, a local government may provide services and facilities.

(3) A local government is to satisfy itself that services and facilities that it provides —

(a) integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and

(b) do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Long-Term Financial Plan (LTFP) has $1 million allocated toward construction of the Broome Skatepark in the 2021-2022 financial year, which consists of $500,000 in Council funds and $500,000 in external funding.

As currently designed, the skatepark meets the definition of a regional level skatepark and the order of probable cost somewhat aligns with the budget allocation in the LTFP, however to implement the project, as designed and following community consultation, and to allow a reasonable contingency, officers will need to seek some additional funding completed.

Lotterywest is aware of the project and has indicated an interest in funding youth focused projects. The Broome Skatepark is predominantly a facility aimed at the youth demographic so would be a logical fit.

CONVIC has provided the following estimate of probable cost (refer Attachment 4).

Expenditure
Item	Probable Cost
Skatepark works
Preliminaries	$102,000
Demolition of Existing Skatepark	$14,000
Concrete Skatepark	$665,000
Lighting	$137,000
New Shade Structure	$28,000
Relocated Shade Structures	$8,000
Drinking Fountain	$1,400
Rubbish Bin Stands	$1,000
Safety Signage	$10,000
Carpark Entry Remediation	$21,000
Surrounding Landscape	$21,000
Additional works
Demolition of Carpark	$21,000
Additional Landscaping	$34,000
Irrigation	$41,000
Fencing	$33,000
Total works	$1,137,400
Contingency (7.5%)	$85,305
Total project budget	$1,222,705

Shade was listed as a key factor in creating a family oriented safe space for the community.

Whilst CONVIC has included more shade in the design and incorporated existing trees into the planning, they have noted that to include further shade within the existing budget would compromise the skatepark design and reduce the number of features in the park.

Any reduction of features, or the footprint of the proposed skatepark, will reduce the design size to something like the existing skatepark, which was viewed by the community as too small with not enough features.

Costings for several options for shade have been prepared, with the scale of the structures and the anticipated cost varying accordingly. The options noted below can be viewed in Attachment 5. This attachment demonstrates the proposed area of the park to be covered, the anticipated cost and similar examples implemented elsewhere.

Additional cost - Shade
Option	Description	Probable cost
1	Street zone shelter – 12m wide x 45m length (540m2 coverage)	$500,000 – $750,000
2	Bowl zone shelter – 25m wide x 25m length (625m2 coverage)	$750,000+
3	Multiple smaller shelters – 12m wide x 10m length (120m2 coverage per shelter)	$100,000 – $130,000
4	Whole skatepark shelter – 850m shade coverage	$1.5 million – $2 million

While the key focus of the park is youth, in the interest of developing a family oriented safe space, an option for a ‘Kids learn to ride area’ to be installed on the existing car park surface has been identified as shown on the last page in Attachment 5. Anticipated costs are noted below.

Description	Probable cost
2 – 3m wide basic learn to ride with line marking, signage and crossing points.	$50,000 - 75000

RISK

Assessment reports completed by CONVIC in 2014 indicated the Broome Skatepark had a lifespan of five years.

This timeframe has now expired with only minimal work done to the facility to maintain it since 2014.

Failure to remediate the park would put the facility at risk.

With only a small skateable area in Broome North, Broome could potentially have no skatepark should this project not proceed.

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:

A built environment that reflects tropical climate design principles

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

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

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/007

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

1. Notes the feedback provided by the community regarding the Broome Skatepark concept design (Attachment 3);

2. Endorses the Broome Skatepark concept design (Attachment 2) and requests the Chief Executive Officer to progress detailed design, and seek external funding to construct the park in the 2021-2022 financial year;

3. Requests the Chief Executive Officer seek additional costings and funding for the provision of additional shade throughout the park.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Broome Skatepark Site Selection Report
2.	Attachment 2 - Shire of Broome - Skatepark Concept Design
3.	Attachment 3 - Broome Skatepark - Pre Design Consultation Report Summary
4.	Attachment 4 - Broome Skatepark - Estimate of Probable Cost
5.	Attachment 5 - Broome Skatepark - Shelter Options

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.4 Our Organisation

9.4.1 ASSET MANAGEMENT PLAN AND POLICY REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM35

AUTHOR: Asset Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report recommends that Council adopts the amendments to the Asset Management Policy as a result of the recent Policy Framework requirements and adopts the Asset Management Plan 2020, which presents the long term requirements of being a custodian of public infrastructure.

BACKGROUND

Previous Considerations

OMC 19 March 2009 Item 9.4.3

OMC 14 December 2017 Item 9.4.7

At OMC 19 March 2009 Council considered the adoption of the Draft Asset Management Policy and resolved the following:

COUNCIL RESOLUTION

Moved: Cr C R Mitchell Seconded: Cr P D Matsumoto

That the Report Recommendation be adopted with the following amendments to the attached Draft Asset Management policy:

1. That the following words are added to the end of the section titled ‘Associated Documents’ on page one:

‘Significant Accounting Policies:

· Leases

· Fixed Assets

· Depreciation of Non-Current Assets’

2. The word ‘function’ be replaced by the word ‘adhere’ after the words ‘service delivery,’ in the section headed ‘Objective’ on page one.

3. The words ‘with recommendation for amendment made to the Executive Management Group’ under the heading Policy Review on page 4, be deleted.

CARRIED UNANIMOUSLY

At OMC 14 December 2017 Council considered the adoption of the Asset Management Plan for use as an informing strategy and resolved the following.

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Council:

1. Receives the Infrastructure Asset Management Plan as attached; and

2. Notes that the document will be used as an informing strategy for the Shire’s Integrated Planning and Reporting Framework suite of documents.

CARRIED UNANIMOUSLY 6/0

The 2017 Infrastructure Asset Management Plan was identified for review prior to the 2021/22 annual budget planning processes and to be amended to recognise any material condition changes in service levels.

COMMENT

Asset Management is the systematic process of effectively planning for maintaining, upgrading and operating assets, combining engineering principles and economic rationale. Providing the tools to facilitate a more organised and flexible approach to making decisions necessary to achieve the current publics expectations. The objective of asset management is to meet a required level of service, in the most cost-effective manner, through the management of assets for present and future customers.

The Shire owns and maintains a large and diverse portfolio of infrastructure assets ranging from roads and footpaths to buildings, public open space, drainage, coastal and miscellaneous infrastructure. Asset details including quantities, installation dates, defects, condition data and relevant asset specific inputs are recorded in the Corporate Asset Management system. The Infrastructure assets comprises of the following classes and approximate value in the table below:

Asset Class	Total Value	Total Depreciable Amount Over Asset Useful Life
Roads	$259,601,103	$223,439,001
Paths	$32,255,236	$32,255,236
Buildings	$101,984,220	$101,984,220
Drainage	$50,659,218,	$33,305,058
POS	$26,362,032	$21,237,795
Miscellaneous Infrastructure	$8,870,313	$8,870,313
Coastal Infrastructure	$8,042,240	$8,942240
TOTAL	$487,774,362	$429,933,863

The purpose of the Asset Management Policy is to set out principles which guide how asset management will be implemented to achieve the asset management objectives set by the Shire of Broome. This policy aims to ensure that the Council has information, knowledge and understanding of the long-term consequences of being the custodian of public infrastructure. The policy also demonstrates Councils commitment to the responsible management of the Shire of Broome’s assets and sets guidelines for implementing consistent asset management process throughout the Shire of Broome.

The Asset Management Plan details information about the Shire’s infrastructure assets including the actions required to provide an agreed level of service in the most cost-effective manner. The plan covers a 15-year planning period in accordance with the International Infrastructure Management Manual. It is prepared to exceed minimum legislative and organisational requirements for sustainable service delivery and long term financial planning and reporting.

The Plan identifies the projected capital renewal and replacement expenditure required to provide the agreed level of service to the community over a 15 year period for each asset class. The individual asset class renewal requirements can be found in Appendix A to Appendix G of the attached Asset Management Plan and the 15 forecasted renewal expenditure and 15 year Long Term Financial Plan allocation is depicted in the financial implications section of the report.

The Asset Management Policy and Asset Management Plan 2020 were presented to Council at 10 November 2020 workshop with Cr Male, Cr Matsumoto, Cr Mitchell, Cr Taylor and Cr West in attendance. The reviewed Asset Management Policy is presented for Council consideration as Attachment 1 and the Asset Management Plan 2020 as Attachment 2. Officers are recommending that the Asset Management Policy be adopted by Council and the Asset Management Plan 2020 be received as an informing document.

CONSULTATION

Consultation was undertaken with relevant internal asset owners and relevant contractors to ensure replacement values were relevant to the point in time and location.

STATUTORY ENVIRONMENT

Local Government Act 1995

2.7. Role of council

(1) The council —

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

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

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

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

(b) determine the local government’s policies.

[Section 2.7 amended: No. 17 of 2009 s. 4.]

POLICY IMPLICATIONS

Asset Management Policy

FINANCIAL IMPLICATIONS

The Asset Management Plan is used to direct the renewal expenditure in the Long Term Financial Plan and subsequent annual budgets based upon the agreed intervention levels. The proposed 15 year funding requirements and Long Term Financial Plan annual allocations are summarised in the table below.

Asset Classes	Sum of Renewal across 15 years (Ex GST)	Annual Long Term Financial Plan Renewal allocation (Ex GST)
Roads (including carparks)	$11,643,556	$776,286
Paths	$461,721	$30,781
Buildings	$11,687,732	$779.182
Drainage	$ 400,599	$29,174
POS	$9,504,785	$663,592
Misc Infrastructure	$4,733,920	$315,594
Coastal Infrastructure	$958,289	$63,886
Total	$39,390,604	$2,658,495
Variance	$486,820
Asset renewal funding ratio	101%

RISK

There are minor reputational, financial, service interruption and health risks associated with providing and renewing infrastructure assets to the community. These risks are mitigated by ensuring efficient life cycle modelling and management is kept up to date with relevant asset data which is stored in the Corporate Asset Management System.

Assets are renewed once they have deteriorated past the defined intervention threshold ensuring assets are renewed prior to any service interruptions, health/safety risks reputational repercussions. The financial risk is mitigated by accurately forecasting the renewal requirements and budgeting accordingly in the Long Term Financial Plan, the asset renewal funding ratio in the financial implications section indicates the shire has the financial capacity to fund the asset renewal as required.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

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:

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

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/008

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Adopts the Asset Management Policy as attached;

2. Receives the Asset Management Plan 2020 as an informing strategy.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Asset Management Policy
2.	Attachment 2 - Asset Management Plan

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.4.2 STRATEGIC COMMUNITY PLAN 2021 - 2031 AND CORPORATE BUSINESS PLAN 2021 - 2025 ADOPTION

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM20

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire of Broome Strategic Community Plan (SCP) 2021-2031 and Corporate Business Plan (CBP) are presented to Council for adoption following a full review in accordance with legislative requirements.

BACKGROUND

Previous Considerations

OMC 15 December 2016 Item 9.4.6

OMC 13 December 2018 Item 9.4.5

Integrated Planning and Reporting (IPR) Framework

The IPR Framework was introduced in 2010 as part of the State Government’s Local Government Reform Program and in response to past reviews of local government that found serious performance and sustainability issues particularly in the areas of strategic planning, long-term financial planning, asset management and workforce planning.

IPR introduced the requirement for medium- and long-term objectives to be determined by robust and ongoing community engagement.

The IPR Framework at its core requires the development of a Strategic Community Plan and a Corporate Business Plan.

The SCP is a long term, overarching strategy and planning document that outlines the future aspirations and priorities for the Broome community and sets out the key strategies to achieve these. The SCP is a living document which has a partial review every two years and a full review every four years, in order to reflect the community’s changing aspirations and priorities.

The CBP translates the aspirations and strategies of the SCP into operational priorities and indicates how they will be resourced over a four-year period and articulates how the SCP will be delivered through services, capital works, projects and activities. The CBP is reviewed annually as part of the budget process to ensure priorities are achievable and effectively timed.

COMMENT

A Community Perceptions survey was conducted in June 2020 to kick off the community engagement for the SCP & CBP reviews. The survey results were encouraging with noticeable improvement in many service areas.

The survey indicated that the community views safety and security, boat launching facilities, economic development and youth services as the key current priorities.

Workshops were held with the community, Councillors and staff during September – November 2021 with a heavy focus placed on committing to tangible actions in the CBP to address these priority areas.

Consistent feedback at the community workshops was that there was:

· a lack of understanding with regards to the IPR Framework;

· limited people had heard or read the past Strategic Community Plans;

· the Shire’s Vision and Values were not well known;

· what the Shire is and isn’t responsible for needs further communication; and

· the language used in documents such as the current SCP/CBP was too “fluffy” and not easy for the target audience, being the general community to understand.

Taking on board the above feedback the following improvements have been made to the format and content of the SCP & CBP:

Vision

The Shire’s current vision is “A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our natural and built environment”.

The challenge with having an all-encompassing vision of this length is simply that it is difficult to remember and has limited marketability.

A review of various visions from other local governments and industry shows a trend towards short, punchy visions that can be easily remembered and promoted. The aim being to embed the vision into the target audience at every opportunity.

For this reason, a few short visions drawn from feedback from the Community Perception Survey were tested with workshop participants, Councillors and Shire staff. The vision that resonated with the majority and has been proposed in the new SCP/CBP is Broome – a future, for everyone. This vision aligns well with strong community feedback that Broome does indeed offer something for everyone, that the community prides itself on being open, inclusive and welcoming of everyone, and that generally there is a feeling of optimism towards the future.

Our Aspirations

The Shire has four existing core pillars that support the vision being people, place, prosperity and organisation. The pillars are interrelated, and each must be satisfied to deliver excellent quality of life for the community.

During the current review the organisation pillar has been retitled to performance to assist community understanding and the descriptor for each aspiration simplified as follows:

People (Social) – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone.

Place (Environment) – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Prosperity (Economic) – Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Performance (Culture) – We will deliver excellent governance, service and value, for everyone.

Purpose

To clearly articulate to the community the different roles that the Shire plays in maintaining and improving the quality of life for everyone in Broome, a common language set has been developed to describe each of the core roles of local government. It is envisaged that this language will become standard across all Shire informing strategies as they are reviewed into the future.

The six roles identified are:

Advocate – We are a voice for the local community, promoting local interests.

Facilitate – We help make it possible or easier to meet community needs.

Fund – We help to fund organisations to deliver essential community services.

Partner – We form strategic alliances in the interests of the community.

Provide – We directly provide a range of services to meet community needs.

Regulate – We regulate compliance with legislation, regulations and local laws.

Values

The Shire currently has values of Communication, Integrity, Respect, Innovation, Transparency and Courtesy. Like the Vision, the feedback was that individual values were difficult to remember and hence were not known in the community or embedded within the Shire workforce.

Considerable testing of different values was conducted throughout the workshops with the community, Councillors and staff. What became apparent was that there was a large divergence of the specific values that resonated with individuals, however the broad meaning of the values could be grouped into similar categories.

In order to assist with the promotion and retention of the Shire’s values a relatable acronym is an approach often used. PEARLS are not only synonymous with the Broome community but represent worth, value and wisdom. As a result, the groupings of the individual values were tested against PEARLS to see if this acronym could be used. Overwhelmingly the response has been positive, and the proposed new values included in the SCP are:

P	E	A	R	L	S
Proactive,	for Everyone;	Accountable,	Respectful	Listening	Sustainable
forward thinking, open-minded and innovative.	inclusive and welcoming of all people.	transparent and ethical	of everyone and everything	to people’s needs and ideas; community focussed.	aiming to meet present needs without compromising the ability for future generations to meet their needs.

Recent Achievements

Over the life of the current SCP there has been significant achievements delivered across the four core pillars. It is important as a community that these achievements are recognised and celebrated as the Shire looks to build on the momentum established in the new SCP and CBP documents.

Recent achievements are prominently displayed for this reason, and it is pleasing to see that the efforts of the Council and Shire are translating into improved overall community satisfaction with the Shire. This is evident from the June 2020 Community Perception Survey that saw a 9-index point improvement compared to the 2015 survey.

Outcomes and Objectives (SCP)

The Outcomes and Objectives for each core pillar contained within the SCP have been stripped back and written in plain English. This takes on board feedback received from the community that they want plans that are easier for them to read and understand.

What we will do (SCP)

Traditionally the SCP contained very little detail regarding what actions the Council intended to do in pursuit of its vision and aspirations. This largely explains why previous SCP’s have not resonated with the community which appears to be common across local government.

Under the current IPR Framework the detail that the community is seeking has been contained within the Corporate Business Plan (CBP) and this has largely been an internal plan that whilst publicly available has not been widely promoted.

To address this, key actions that the Council is committed to delivering over the life of the new SCP have been included, together with a link to the CBP that contains the extensive list of actions and special projects earmarked for the next four years.

Informing Strategies

Key informing strategies such as the Long-Term Financial Plan (LTFP), Asset Management Plan, Workforce Plan and others have been reviewed as part of the development of the new SCP and CBP which provides confidence that the ambitious four-year program contained within the CBP can be delivered.

There are some major projects that are contingent on significant grant funding. The Shire will continue to place an emphasis on getting these projects “shovel ready” and Council will keep advocating state and federal governments to ensure that the Shire of Broome is well positioned to take advantage of opportunities as they arise.

The CBP contains extracts from the LTFP showing the Four-Year statement of funding 2021/22 – 2025/26, Capital Works Program and Additional Operating Expenditure projections.

Broome – a future, for everyone Vision and Values campaign

It is critically important to the ongoing success of the recent community consultation that the new Vision and Values are heavily promoted throughout the community and the Shire workforce in early 2021.

This is envisaged to take the form of:

· social media promotion;

· updating Shire website;

· prominent core flute story boards displayed throughout Shire facilities;

· hard copies of the SCP distributed to local businesses and accommodation providers for display on coffee tables;

· promotion at community events such as Australia day;

· rebranding of Shire documentation;

· radio promotion by Shire President; and

· other opportunities as they arise.

CONSULTATION

As detailed in the body of the report.

The development of the new SCP & CBP has included:

· community perception survey (1,046 responses/ over 54,000 words of feedback);

· 3 community workshops;

· multiple workshops with elected members and management;

· workshops with staff;

· detailed desktop review of all recent community engagement for the Shire’s suite of informing strategies; and

· community sundowner.

STATUTORY ENVIRONMENT

Local Government Act 1995

5.56. Planning for the future

Local Government (Administration) Regulations 1996

19C. Strategic community plans, requirements for (Act s. 5.56)

19DA. Corporate business plans, requirements for (Act s. 5.56)

19D. Adoption of plan, public notice of to be given

· Adoption of SCP / CBP are to be by absolute majority.

· Local public notice is required after the adoption of SCP.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The CBP is designed to deliver on the Outcomes and Objectives contained in the SCP. The LTFP has been reviewed as part of the development of the SCP & CBP and will continue to be monitored through the life of these plans and during the annual budget process.

RISK

The Strategic Community Plan and Corporate Business Plan are legislative requirements under the Local Government Act (1995) and as such Council is mitigating the risk of non compliance by developing and adopting the required plans.

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

Absolute Majority

*MOTION* *Moved: Cr F West Seconded: Cr N Wevers* *That Council:* 1. Adopts the Shire of Broome Strategic Community Plan 2021 – 2031 as contained within Attachment 1; 2. Adopts the Shire of Broome Corporate Business Plan 2021 – 2025 as contained within Attachment 2 subject to reallocation of $185,000 of municipal funds for the design of the Cable Beach Foreshore area towards the implementation of the initiatives contained within the draft Community Safety Plan and the draft Youth Plan; 3. Provides Local Public Notice of the adoption of the reviewed plans; 4. Notes the revised Long-Term Financial Plan schedule as contained within Attachment 3, and supports the implementation of the adjusted document; and *5. Notes and supports a campaign in 2021 to promote the new Shire of Broome Vision and Values.* *LOST 2/7*

*Council Resolution:* **(Report Recommendation) Minute No. C/1220/009 Moved: Cr D Male Seconded: Cr C Mitchell That Council: 1. Adopts the Shire of Broome Strategic Community Plan 2021 – 2031 as contained within Attachment 1; 2. Adopts the Shire of Broome Corporate Business Plan 2021 – 2025 as contained within Attachment 2; 3. Provides Local Public Notice of the adoption of the reviewed plans; 4. Notes the revised Long-Term Financial Plan schedule as contained within Attachment 3, and supports the implementation of the adjusted document; and 5. Notes and supports a campaign in 2021 to promote the new Shire of Broome Vision and Values. CARRIED 6/**3
*Cr N Wevers requested to have her vote recorded against in the minutes.*

Attachments

1.	Strategic Community Plan 2021 - 2031 Broome - a future, for everyone
2.	Corporate Business Plan 2021 - 2025 Broome - a future, for everyone
3.	2021-25 Long-Term Financial Plan Schedule

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

PDF Creator

Cr D Male left the Chambers at 6:55PM and returned to Chambers at 6:57PM.

9.4.3 WARDS AND REPRESENTATION REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOB03

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

For Council to consider moving to a no ward system while retaining the current level of representation for the Shire of Broome.

BACKGROUND

Previous Considerations

OMC 24 November 2016 Item 9.4.3

SMC 6 October 2020 Item 6.4.1

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.

Since the 2016 ward and representation review there has not been a local government election in the Dampier Ward with sole candidates elected unopposed at the October 2017 and October 2019 elections.

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 Panels - Final Report recommendation to conduct reviews every four years and for multiple wards to be removed from Band 3 and 4 Shires, with the need for wards to be evaluated in Band 1 and 2 Shires. The Shire of Broome is a Band 2 Shire so the use of wards will remain optional based on this recommendation.

At the Special Meeting of Council held on 6 October 2020, Council resolved to undertake a Ward and Representation Review, with a discussion paper being issued and public submissions invited for a 6-week period.

The discussion paper contained three possible options summarised below and invited alternative options to be submitted: (Attachment 1)

Option 1 – Maintain the current ward system and ward boundaries, and current number of Councillors. (It should be noted that while an option this approach is not in line with the LGAB recommendations)

Option 2 – Maintain the current ward system but amend the Broome Ward boundary to include Coconut Well, 12 Mile, Skuthorpe and those electors in the Roebuck locality that fall within the amended Broome Ward Boundary.

Reducing the Dampier Ward Councillor representation to 1; and

Increasing the Broome Ward Councillors to 8.

Option 3 – No wards.

This option involves the dissolution of the existing ward boundaries.

Simplified structure with Councillors elected to represent the entire Shire and retaining the existing 9 Councillors.

COMMENT

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 provides guidance on these factors that were included in the Wards and Representation Discussion Paper.

Currently the Shire of Broome operates under a two-ward system with nine Elected Members, two representing the Dampier Ward and seven representing the Broome Ward.

The table below shows the Councillor to elector ratios at the time of the October 2019 local government election .

Ward	Number of Councillors	Number of Electors	Councillor to Elector Ratio	% Ratio Deviation
Broome	7	6,554	1:936	-9.10%
Dampier	2	1,169	1:585	+31.8%
Total	9	7,723	1:858	Not Applicable

The public submission period closed on Friday 27 November 2020 at 5pm. 59 submissions were received via email, post and the online submission form. This is a substantial increase on the six submissions received in 2016.

A summary of the responses is provided below:

Option 1 · Retain existing 2 Ward System · Retain 9 Elected Members
Number of Submissions in Support	15
Summary of Comments
Brendan Renkin	Position: The existing ward structure should remain – with 2 Councillors elected by residents outside of the Broome township. The State of Western Australia does not have one person one value, as it recognises the importance of ensuring that numerically small but important communities have a voice. This concept should apply to the Shire of Broome. Option 2 Is grossly unfair to the people who live within the proposed new Dampier ward – 90 percent of whom are indigenous. It would lead to a situation where non-indigenous people would have a greater vote power per person than indigenous people within the Shire of Broome. Option 3 is not appropriate and fails to recognise the historical legacy of racist laws that directly and indirectly prevent Aboriginal people from voting in the State of Western Australia and at local Shire elections, and the community of interest that exists within the Dampier Ward.
Linda Weatherhead	The Dampier Ward needs the additional representation. The area covered is remote, highly disadvantaged, and lacking in the infrastructure and services that are available to the Broome Ward. On the basis of the criteria presented, the ratio seems about right. If there was a change to be made, I would favour increased representation for the Dampier Ward.
Andrew Chambers	Shire has not engaged constructively or actively outside of town boundaries, these are the future growth areas and need far stronger voice and more direct representation within the Shire
Trevor Fish	The Dampier Ward is a large ward and needs 2 reps. At the last few elections there have been group campaigns to elect similar minded people which does not provide diversity on the Council. Having 2 wards ensures that there is diversity in discussions and decisions.
No name supplied	If the wards in the peninsula is reduced, we will see a reduction in indigenous representation.
Option 2 · Expand Broome Ward Boundary to include Coconut Well, 12 Mile, Skuthorpe and those electors in the Roebuck locality that fall within the amended Broome Ward Boundary. · Increase Broome Ward Elected Members to 8 · Reduce Dampier Ward Elected Members to 1.
Number of Submissions in Support	19
Summary of Comments
Jan and Donald Hodgson	We believe option 2 is the purest
Option 3 · Introduce a no-ward system · Retain 9 Elected Members
Number of Submissions in Support	20
Summary of Comments
Jan Lewis	I am in favour of option 3 because I think many things that happen in the town of Broome impact everyone in the Shire, and many Broome people regularly visit and spend time in communities in the current Dampier Ward. Also, I’m not aware that the outer ward councillors have any special role to play when matters impacting the outer ward are discussed. All councillors have an equal say. However, I would like to suggest a variation to Option 3. At present the ‘white’ view about the future of this town prevails despite the fact we have 3 Aboriginal councillors. Given that a high percentage of our population are/identify as Aboriginal I suggest that a percentage of the seats on Council get reserved for the election of Aboriginal people who are tasked with representing the views of the Aboriginal residents. The percentage should be based on the % of the shire population identifying as Aboriginal in the last census.
John Davidson	The Council has jurisdiction over a defined area that is depicted on Map Option 3. Councillors should be elected from within that defined area with no distinction, advantage or preference to any prior gazetted ward.
Daryl Smith	We are one community, lets keep us together as 1 team.
Malcom Smith	I very strongly believe option 3 is by far the most democratic option.
Alison Underwood	I think the wards should be dissolved and just have 9 people in Council. Other alternatives could be to have 3 for Cable Beach, 3 for Broome, and 3 for all the rest. Having too many for Broome allows for personal business self interest at the expense of the rest of the Shire.
Sally Reynolds	Option 3 seems the most fair and logical solution
Trish Newton	I think my option selection doesn’t need an explanation. Whoever is elected has to take time to get to know what’s happening in the outer communities and not just the town area. The current system is unfair for people who live just out of what is deemed the Broome ward. We do not get to vote for Councillors in the Broome Ward, those decisions affect us – we are not part of the Dampier Peninsular or Bidyadanga.
Hayden McLeod	Just one ward for the whole shire
Option 4 – Other
Number of Submissions in Support	5
Summary of Comments
Elisabeth Lucke	As a property owner, ratepayer and long-term resident of the Shire of Broome I offer the following suggestion: The role of councillor is onerous, time consuming and often attracts negative attention from the community. I suggest that the burden would be better borne by having a slightly greater number of Councillors – an increase of one or two in the Broome ward, retaining the two Dampier councillors and levelling out the representation statistics. This would also ensure that when councillors are unavoidably away on business or for other reasons, there are still sufficient present to ensure that the business of Council proceeds smoothly.
No name supplied	4 Wards – 9 Councillors Broome Ward – 4 Councillors North Broome/Coconut Wells / Bilingurr – 2 Councillors Dampier Peninsular – 2 Councillors South East Broome/Roebuck/12 Mile/Bidyadanga – 1 Councillor
Eric Johnston	3 Wards – 9 Councillors Broome West (west of Cable Beach Rd and West of Frederick St) - 3 Councillors Broome North (east of Cable Beach Rd and East of Frederick St) – 2 Councillors Dampier (north and east of Beagle Bay Rd to Peninsula)
Laurie Preston	3 Wards – 9 Councillors Broome Ward (as per current) – 7 Councillors Broome Outer Ward (Coconut Wells, 12 Mile, Skuthorpe, Morrell Park plus the other associated areas) – 1 Councillor Dampier Ward (remainder) – 1 Councillor Needs of the outer areas are different to town and different to the Dampier Ward.
Andrew Chambers	3 Wards – 11 Councillors Broome Town (existing town plus 12 Mile and Coconut Wells) – 11 Councillors Dampier Peninsular (from Coconut Wells up) – 2 Councillors Bidyadanga (All stations and Bidyadanga) – 1 Councillor

The volume of submissions received provides a strong indicator that a review of the current Ward and Representation system is needed.

It is recommended that the Shire move to a no ward system outlined in Option 3 as this would simplify the election process, remove existing confusion regarding the ward system, ensure that elected members are elected by the whole community and remove the ability for electors to vote more than once in an election.

The community of interest for the Broome and Dampier ward share many similarities as electors from both wards share facilities such as secondary schools, shops and sporting grounds. Many electors from the Dampier Ward have employment within the Broome Ward, with some considering themselves to reside ‘In Broome’ rather than in Dampier.

Removing the ward system for the district would eliminate the risk of unbalanced levels of representation between the wards in future, with regard to population growth and elector numbers, as elected members would represent the whole community rather than just a certain area.

Option 2 that whilst addressing the current imbalance in representation as outlined in the below table would magnify the geographical challenges associated with a ward boundary that stretches over 500 kilometres from North to South. Having only one elected member to cover this substantial area would place a significant additional burden on this elected member. This is mitigated by moving to a no ward structure.

Ward	Number of Councillors	Number of Electors	Councillor to Elector Ratio	% Ratio Deviation
Broome	8	6,782	1:848	+1.2%
Dampier	1	941	1:941	-9.6%
Total	9	7,723	1:858	Not Applicable

In terms of indigenous representation that was raised in some submissions, the Shire of Broome has a long history of Elected Members coming from a variety of multicultural backgrounds both in the Broome and the Dampier Wards. Diversity should continue to be actively encouraged. The Act does not limit who can nominate to run for Council and the selection of Elected Members is based on a democratic process which would continue under a no ward structure. There is no ability under the Act to allocate representation based on race, gender, age or creed.

It is important to note that Section 2.10 of the Act mandates that an elected member must represent the interests of all electors, ratepayers and residents of the district. This means that an elected member, regardless of the ward to which the member has been elected must represent the interests of all electors, ratepayers and residents of the Shire. The Act states that to qualify to be elected as a member of Council a person must be an elector of the district. There is no requirement for the elected member to reside or own property in the specific ward.

It is also important to understand and put into context the actual level of operational involvement the Shire currently has with the aboriginal communities throughout the Dampier Ward. Apart from the strong advocacy role that Council plays, the operational involvement is minimal with Aboriginal communities largely running autonomously. They have their own governance structures and boards and receive funding directly from the State and Federal Governments. This is best demonstrated in the below table by looking at the relative rates base of the Broome Ward and the Dampier Ward.

Ward	Rates $$	% of Rates	Elected Members	% Elected Members
Broome	$22,392,170	95%	7	78%
Dampier	$ 1,211,187	5%	2	22%
	$23,603,357		9

Number of Elected Member positions

Retaining the existing number of 9 elected members was evident in most submissions. Two alternative options suggested an increase to 11, with no submissions looking to a reduction.

The current 9 elected members is consistent with recommendation 26 from the recent Local Government Act Review – Final Report that stated:

” In respect to elected member representation, the Panel recommends:

a. Population should be used to determine the number of elected member positions;

(i) Population of up to 5,000 – 5 councillors (including President)

(ii) Population of between 5,000 and 75,000 – 5 to 9 councillors (including Mayor/President)

The current sitting fees and allowances annual budget for Council is $254,088. In addition to this, mandatory training, travel and professional development expenses are incurred.

Summary

It is recommended that the Shire move to a no ward structure and that this change be implemented at the next ordinary election in October 2021. Subject to approval by the Local Government Advisory Board, elected members whose terms do not expire at the next ordinary election would continue to serve the whole district and represent all electors.

CONSULTATION

· Emails were sent to over 3,500 property owners who the Shire holds an email address for. This included 73 residences in the Coconut Wells and 12 Mile areas.

· Public Notice in the Broome Advertiser and multiple mentions in the Shire News section of the Broome Advertiser.

· Multiple posts to the Shire of Broome Facebook page.

· Promotion on the Shire of Broome website and online lodgement facility.

· Promotion on local radio by Shire President.

· Email and follow up with major Aboriginal Communities of Djarindjin, Lombadina, Ardyaloon, Beagle Bay and Bidyadanga.

Each of the Aboriginal Community CEO’s were asked if they would like the Shire to run an information session on the Ward Review with their respective communities or Councils/Boards. The feedback was that this was not considered necessary in the current COVID restricted environment, however an assurance was given that the Councils of each community would discuss the review prior to submissions closing and a submission lodged if thought necessary.

The CEO’s from the Communities did suggest however, outside of the Ward and Representation Review outcome, that they believed there was an opportunity to improve the communication and cooperation between the Shire and Communities at an operational level. This is something that the Shire administration will take on board and look to action in 2021, which will be complimented by a resumption of regular Councillor visits to the communities in a post COVID environment.

STATUTORY ENVIRONMENT

Local Government Act 1995 – Schedule 2.2

Under Schedule 2.2(9) once a review has been completed, the local government is to make a report in writing to the Local Government Advisory Board and by absolute majority, may propose to the Board the making of any order under section 2.2(1).

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

There will be some minor operational expenditure required incurred through the gazettal process estimated at $2,000. This would be accommodated from within existing budget.

RISK

The Shire currently has a significant deviation in the Councillor to elector ratio within the existing Ward structure. There is a minor reputational risk to Council if this is not addressed and the possibility of the Local Government Advisory Board, requesting Council to address.

A move to a no ward structure will mitigate this risk.

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:

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Move to a no ward system for the Shire of Broome and retain the current level of representation; and

2. Requests that the Chief Executive Officer prepare a report to be presented to the Local Government Advisory Board proposing that an order be made under section 2.2(1) of the Local Government Act 1995 to abolish all wards for the Shire of Broome District.

Council Resolution:

(Recommendation) Minute No. C/1220/010

Moved: Cr B Rudeforth Seconded: Cr H Tracey

That Council:

1. Receives the submissions and notes that they have been considered during this review;

2. Proposes to the Local Government Advisory Board that after consideration of all the factors arising from the review, it wishes to maintain the existing ward structure and the current number of 9 offices of Councillor with no change; and

3. Advises the Local Government Advisory Board that whilst it is recognised that the current ward system does not conform to the 10% standard deviation preference of the Local Government Advisory Board, it is Council’s view that the better governance of the district is best achieved by retaining the current ward and representation structure as it recognises:

(a) the significantly greater geographical area of the Dampier Ward (approximately 56,000 square kilometres);

(b) the dispersion of the population within the Dampier Ward as a large portion of this area consists of Aboriginal communities and pastoral leases;

(c) the need for two Councillors to share the representation of the Dampier Ward as it would be difficult for one Councillor to cover the geographical size of the Dampier Ward; and

(d) relatively minor changes in the smaller overall population numbers can seemingly make larger impacts on the percentage or ratio calculations.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Reason: The Shire of Broome is geographically different from other shires and given the distance between Broome and the Dampier Ward it is necessary to have two councillors representing the area. It is also important for reconciliation between indigenous and non-indigenous communities.

Attachments

1.	Shire of Broome Wards and Representation Review Discussion Paper 2020
2.	Ward and Representation Review Submissions

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

PDF Creator

Cr N Wevers left Chambers at 6:57PM.

10.3 MINUTES OF AUDIT AND RISK COMMITTEE 2 DECEMBER 2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents to Council the minutes of the Audit and Risk Committee (the Committee) Meeting held 2 December 2020 for receipt and endorsement of the Committee’s recommendation to adopt the 2019/20 Annual Financial Report, the Audit and Management reports and the report prepared by the Chief Executive Officer for the financial year ended 30 June 2020. Additionally, Council is requested to endorse the proposed allocation of the net operating surplus from 2019/20.

BACKGROUND

Pursuant to section 7.9 of the Local Government Act 1995 (LGA), an Auditor is required to examine the accounts and annual financial report submitted by a local government for audit. The Auditor is also required, by 31 December following the financial year to which the accounts and report relate, to prepare a report thereon and forward a copy of that report to:

(a) Mayor or President; and

(b) The Chief Executive Officer; and

Furthermore, in accordance with Regulation 10(4) of the Local Government (Audit) Regulations 1996 (Audit Regulations), where it is considered appropriate to do so, the Auditor may prepare a Management Report to accompany the Auditor’s Report, which is also to be forwarded to the persons specified in section 7.9 of the LGA.

Upon finalisation of the Shire’s 2019/20 final audit visit, the Office of the Auditor General (the Auditors) presented their initial findings to the Chair of the Audit and Risk Committee (the Committee) for consideration at an informal briefing session held 25 November 2020. The briefing session was attended by the Committee Chair, Cr Desiree Male, the Chief Executive Officer (CEO), the Director Corporate Services and Shire officers.

The signed Auditor’s Report was received dated 26 November 2020. On 2 December 2020 the Committee met to examine the reports of the Auditor after receiving a report from the Chief Executive Officer (CEO) on the matters reported and:

· Determine if any matters raised require action to be taken by the local government;

· Ensure that appropriate action is taken in respect of those matters;

· Review the reports prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor; and

· Recommend the audited financial report to Council for adoption.

A copy of the report is to be forwarded to the Minister prior to the end of the next financial year or 6 months after the last report prepared by the Auditor is received, whichever is the latest in time.

An analysis of the 2019/20 operating result is provided in this report and how it compares to the forecasted outcomes of the Shire’s adopted Integrated Planning and Reporting Framework. As a background, the 2019/2020.

The Strategic Community Plan 2019-2029 (SCP) and the Corporate Business Plan 2019-2023 (CBP) were adopted by Council at the December 2018 OMC. A revised 2019-2023 Long Term Financial Plan (LTFP) was also received and adopted by Council at the December 2018 OMC. The Shire’s LTFP was reviewed in November 2018 to support the review of the SCP and CBP. These plans informed the 2019/20 annual budget process.

The Shire’s Infrastructure Asset Management Plan (AMP) was finalised and presented to Council at the December 2018 OMC and informed the 2019/20 annual budget process. The AMP is continuously reviewed as part of the mandated Integrated Planning and Reporting Framework and was used to inform the 2019/20 annual budget process.

Council is requested to adopt the annual financial report.

COMMENT

Financial Highlights of the Annual Financial Report

· Net Comprehensive Income (net accounting profit) of $10,395,205 for the year ended 30 June 2020. Despite this Net Comprehensive Income, Net Assets were reduced by $16M due to changes to the Local Government (Financial Management) Regulations 1996 (FMR). This resulted in the value of land on which the Broome Golf Course and Broome Turf Club are situated not being recognised.

Non-operating grants for the Broome Volunteer Bushfire Brigade, BRAC Multisport Covered Courts, McDaniel Road Construction and Town Beach Redevelopment are the main contributory factors to this net profit figure.

· Net increase in cash of $1,408,252 from $42M to $43M. The receipt of FAGS grants in advance was the main contributor to this increase.

· Net Surplus of Municipal Funds of $4,188,392. The details of this surplus is explained in the table below.

Chief Executive Officer’s Report

Following is the CEO’s report to Council on matters arising from the audit and management reports.

Audit Report

There were no matters of statutory non-compliance reported.

Management Report

The Auditor’s Management Report provides an overview of the approach undertaken in respect of the annual Audit process and the associated outcomes of the audit. The Management Report also identifies any findings that, whilst generally not material in relation to the overall audit of the financial report, are considered relevant to the day to day operations of the Shire.

1. Matters Identified

There were several issues identified, as outlined in the table below.

Council should note that the Auditors reiterated that there were no significant findings, unlike most local governments audited to date.

For further details see full report at Attachment 1.

ISSUE	FINDING	RISK	MANAGEMENT COMMENT
1. Bank Reconciliation	June 2020 showed an interest amount had been receipted twice in both municipal bank account and reserve bank, not picked up in reconciliations since February.	Moderate	Noted and agreed.
2. Movements in Cash Backed Reserves	Several instances where cash backed reserves not agreeing to approved budgets, and transfers out of reserves appeared to exceed approved budgets or agreements. End reserve balances being correctly stated.	Moderate	Although this resulted in reserve transfers differing from the budget, the ending balances of the reserves remained correct as pointed out in the report. Management believes that this finding is minor in nature, extent and potential implications.
3. Trust Funds	Trust balances for Civic Centre Takings and Staff Rental Bonds have been correctly removed from Trust however they are not recognised in the Municipal Fund. Also, the BRB Levy and Unclaimed Monies have been wrongly classified as Trust.	Moderate	Trust transfer amount not yet reflected in the Municipal Fund totalled $3,625. We voluntarily classify BRB Levy and Unclaimed Monies as funds collected in a capacity as agents and ultimately remitted to the relevant Departments.
4. System Purchasing Delegations	3 employees with a requisition and purchase order limit of $5,000 in SynergySoft, exceeding approved limit of $2,000. No purchases in breach of the approved limit were noted.	Moderate	Management has rectified this issue in SynergySoft and is reviewing induction and supervisory procedures for responsible staff. As there were no actual breaches, and any potential breaches would be limited to $3,000, Management believes that this finding is minor in nature, extent and potential implications.
5. Vendor Masterfile Review	There is currently no formal process in place to periodically review the appropriateness of details and adjustments in the vendor master file.	Moderate	Management believes that internal controls implemented should be justified by the cost and benefit of implementing the control. The weaknesses raised in this finding are mitigated effectively by the existing formal internal controls.
6. Purchase Order Authorisation	6 instances where the approved purchase order was dated on or after the date of the invoice.	Moderate	Noted and agreed. Management has been continuously monitoring purchases in breach of this requirement.
7. General Journals	End of month checklist for general journals was not completed for the final quarter of 2019/20. We understand that this was due to several staff changes in the Finance area during the period.	Moderate	Noted and agreed. The timely and accurate accomplishment of the checklist has been reiterated to the coordinators that recently started.
8. Termination Checklists	We were unable to obtain termination checklists for 2 employee terminations sampled.	Moderate	Noted and agreed. We will ensure that the termination checklist is obtained and retained for staff terminations. Management believes that this finding is minor in nature, extent and potential implications.
9. Employee Contract Variations	2 instances where employee contract variations did not appear to be formally approved by the CEO.	Moderate	Noted and agreed. Any contract variations are to be supported by formal approval by the CEO.
10. Termination Dates	We noted that termination dates in the system did not align to acknowledged termination date paperwork.	Minor	Termination date as per the paperwork should agree with the termination date as per the system, this is not always possible as we need to leave the staff active in the payroll system until no further payroll payments are expected.
11. Revenue Reconciliations	The annual reconciliation of RV and UV rates to the Synergy system has been performed by the Rates Officer, however, there was no evidence of independent review. The June 2020 Sundry Debtors Reconciliation was not reviewed on timely basis.	Moderate	Evidence of independent review of the changes in UV and GRV roll to be produced going forward. The Sundry Debtors Reconciliation is reviewed immediately upon completion every month. In the case of the completion of the final balances wasn't achieved until early September due to the ongoing end of financial year activities.
12. Project Contract Documentation	The Shire is reporting an opening Contract Liability for the Morrell Park Road Maintenance project. However, an agreement could not be provided for this project and thus we are unable to ascertain whether a contract liability exists.	Moderate	Agreed and noted. Due to the origination date of this transaction, the original agreement could no longer be sourced. Sufficient internal records, indicate the need continue to recognise the outstanding obligation for works.
13. Staff Housing Sub-Leases	We noted that there was no formal contract in place for one staff housing sublease.	Minor	Noted and agreed. We will ensure that sub-leases are in place for all staff housing arrangements.
14. Synergy Access Management	We noted that Synergy access is not periodically reviewed to ensure ongoing access continues to be appropriate.	Moderate	Noted that the review of system access needs to be more clearly defined, the audit review process demonstrated that the level of access provided to staff was appropriate. No actual issues relating to segregation of duties, accountability or security levels were identified.
15. Network Access Management	From our review of network access in October 2020, we noted 3 instances where network access had not been disabled for former employees. The employees had last worked for the Shire in 2019. In addition, whilst the remote access server records remote logins and unsuccessful login attempts, there is no evidence that these are reviewed.	Moderate	Processes relating to creation and termination of user access and accounts will be reviewed along with approval and documentation requirements.

2. Audit Adjustments

The Auditors identified several non-material errors and misstatements in the financial statements which remain unadjusted. Items listed below are included in the management representation letter as required by Auditing Standard ASA 320 Materiality and Audit Adjustments;

a. Expense that was eventually reversed for incorrectly recognised revenue from the Broome Caravan Park $140,228;

b. Prepayment incorrectly recognised as expense relating to licences and services $75,737;

c. Accrued expenses not recognised for water and electricity $85,579;

d. Revenue overstated by a credit note issued to DFES in 2020/21 for credit relating to prior year $71,047; and

e. Internal allocation accounts not eliminated for Waste Management $171,367 and Broome Visitor Centre $118,634.

3. Other Matters

There were no identified matters of fraud to report and there were no disagreements with management about significant accounting matters.

2019/20 Operating Result

The financial year ended 30 June 2020 resulted in the following carried forward operating surplus:

$2,226,545 Estimated net surplus as at 30 June 2019/20 and budgeted as 2020/21 opening surplus.

$4,188,392 Actual 2019/20 operating surplus at the completion of year end processing.

The surplus amounts above excludes non-cash transactions such as depreciation, profit or loss on plant disposal, provision for credit losses and the effects of asset revaluation gains or losses.

The 2020/21 Annual Budget adopted at the June 2020 OMC, included an estimated brought forward operating surplus of $2,226,545 from 2019/20. This comprised the following:

· $1,382,467 Financial Assistance Grants (FAGS) estimated to be received in advance; and

· $844,078 estimated surplus from operating and capital budgets not expected to be spent or collected by 30 June 2020, with “work in progress” projects expected to continue in 2020/21 as detailed in Attachment 3.

The above figures were calculated prior to the close of financial year processing. At the completion of the year ending 30 June 2020, the actual brought forward surplus has been adjusted to the final confirmed amount of $4,188,392 which comprises:

· $1,382,467 actual FAGS funding received in advance;

· $1,552,969 confirmed amount of net surplus from projects originally anticipated as carryovers at the time of budget adoption;

· $695,878 net surplus pertaining to additional carryover projects not previously anticipated at the time of budget preparation;

· $557,078 of remaining surplus.

The net surplus of $557,078 is not attributable to a specific event, but rather is a result of numerous favourable and unfavourable variances in budget line items. The items below are the most significant movements impacting the net surplus:

· $416K overall savings in salaries, wages, superannuation and other personnel-related costs;

· $332K additional rates received – GRV Valuation identified missed properties so that rates then received were unbudgeted.

· $467 of restricted cash reverted to municipal funds to comply with the new revenue recognition standards.

· $32K additional grants received in 2019-20 to reimburse Discovery Festival expenses incurred in 2018-19.

At the 6 October 2020 Special Meeting, Council resolved to assign surplus arising in 2019-20 to Chinatown Stage 2.

A summary of the recommended surplus allocation is as follows:

SUMMARY OF 2019/20 SURPLUS
	Budgeted Opening Surplus 2020/21	Actual Surplus as Confirmed 2020/21
Expenditure budget carried over	16,271,613	17,104,281
Income budget carried over	-15,427,535	-15,551,311
Surplus from advanced FAGS carried over	1,382,467	1,382,467
Newly identified expense carryover		3,113,757
Newly identified income carryover		-2,417,880
Net surplus available for Chinatown Stage 2		557,078
Net surplus	2,226,545	4,188,392

ADJUSTMENTS TO PRIOR YEARS ANNUAL REPORTS

There were no adjustments required to prior year reports.

CONSULTATION

Office of the Auditor General

STATUTORY ENVIRONMENT

Local Government Act 1995

5.53. Annual reports

(1) The local government is to prepare an annual report for each financial year.

(2) The annual report is to contain —

(a) a report from the mayor or president; and

(b) a report from the CEO; and

[(c), (d) deleted]

(e) an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year; and

(f) the financial report for the financial year; and

(g) such information as may be prescribed in relation to the payments made to employees; and

(h) the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year; and

(ha) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993 ; and

(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including —

(i) the number of complaints recorded in the register of complaints;

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require;

and

(i) such other information as may be prescribed.

[Section 5.53 amended by No. 44 of 1999 s. 28(3); No. 49 of 2004 s. 42(4) and (5); No. 1 of 2007 s. 6; No. 5 of 2017 s. 7(1).]

5.54. Acceptance of annual report

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.

* Absolute majority required.

(2) If the auditor’s report is not available in time for the annual report for a financial year to be accepted by 31 December after that financial year, the annual report is to be accepted by the local government no later than 2 months after the auditor’s report becomes available.

6.4. Financial report

(1) A local government is to prepare an annual financial report for the preceding financial year and such other financial reports as are prescribed.

(2) The financial report is to —

(a) be prepared and presented in the manner and form prescribed; and

(b) contain the prescribed information.

(3) By 30 September following each financial year or such extended time as the Minister allows, a local government is to submit to its auditor —

(a) the accounts of the local government, balanced up to the last day of the preceding financial year; and

(b) the annual financial report of the local government for the preceding financial year.

7.9. Audit to be conducted

(1) An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31 December next following the financial year to which the accounts and report relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of that report to —

(a) the mayor or president; and

(b) the CEO of the local government; and

(c) the Minister.

(2) Without limiting the generality of subsection (1), where the auditor considers that —

(a) there is any error or deficiency in an account or financial report submitted for audit; or

(b) any money paid from, or due to, any fund or account of a local government has been or may have been misapplied to purposes not authorised by law; or

(c) there is a matter arising from the examination of the accounts and annual financial report that needs to be addressed by the local government, details of that error, deficiency, misapplication or matter, are to be included in the report by the auditor.

(3) The Minister may direct the auditor of a local government to examine a particular aspect of the accounts and the annual financial report submitted for audit by that local government and to —

(a) prepare a report thereon; and

(b) forward a copy of that report to the Minister,

and that direction has effect according to its terms.

(4) If the Minister considers it appropriate to do so, the Minister is to forward a copy of the report referred to in subsection (3), or part of that report, to the CEO of the local government to be dealt with under section 7.12A.

7.12A. Duties of local government with respect to audits

(1) A local government is to do everything in its power to —

(a) assist the auditor of the local government to conduct an audit and carry out the auditor’s other duties under this Act in respect of the local government; and

(b) ensure that audits are conducted successfully and expeditiously.

(2) Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3) A local government must —

(aa) examine an audit report received by the local government; and

(a) determine if any matters raised by the audit report, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters.

(4) A local government must —

(a) prepare a report addressing any matters identified as significant by the auditor in the audit report, and stating what action the local government has taken or intends to take with respect to each of those matters; and

(b) give a copy of that report to the Minister within 3 months after the audit report is received by the local government.

(5) Within 14 days after a local government gives a report to the Minister under subsection (4)(b), the CEO must publish a copy of the report on the local government’s official website.

Local Government (Audit) Regulations 1996

10. Report by auditor

(4) Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report.

Local Government (Financial Management) Regulations 1996

17A Assets, valuation of for financial reports etc.

(1) In this regulation —

carrying amount, in relation to an asset, means the carrying amount of the asset determined in accordance with the AAS;

fair value, in relation to an asset, means the fair value of the asset measured in accordance with the AAS.

(2) Subject to subregulation (3), the value of an asset shown in a local government’s financial reports must be the fair value of the asset.

(3) A local government must show in each financial report —

(a) for the financial year ending on 30 June 2013, the fair value of all of the assets of the local government that are plant and equipment; and

(b) for the financial year ending on 30 June 2014, the fair value of all of the assets of the local government —

(i) that are plant and equipment; and

(ii) that are —

(I) land and buildings; or

(II) infrastructure;

and

(c) for a financial year ending on or after 30 June 2015, the fair value of all of the assets of the local government.

(4) A local government must revalue all assets of the local government –

(a) whenever the local government is of the opinion that the fair value of the asset is likely to be materially different from its carrying amount; and

(b) in any event, within a period of at least 3 years but no more than 5 years after the day on which the asset was last valued or revalued.

(5) An asset is to be excluded from the assets of a local government if the fair value of the asset as at the date of acquisition by the local government is under $5 000.

[Regulation 17A inserted: Gazette 20 Apr 2012 p. 1699‑700; amended: Gazette 21 Jun 2013 p. 2451; 26 Jun 2018 p. 2388.]

POLICY IMPLICATIONS

2.2.2 - Materiality in Financial Reporting

2.2.7 - Significant Accounting Policies

FINANCIAL IMPLICATIONS

In terms of materiality, the unallocated surplus amount of $557,078 (surplus excluding FAGS grants in advance and the committed expenditure of Attachment 3 and 4) represents a variance of 1.43% compared to original budgeted operating revenue for 2019/20 of $39,018,702 (excluding non-operating grants and contributions for assets). This net surplus is greater than the adopted threshold of $390,187 at the June OMC when the annual budget was adopted.

RISK

The audited Annual Financial Report is a key control measure used to report to Council and its stakeholders that Council’s financial position, result of operations, cash flows, changes in equity and rate setting statement are free from any material misstatement caused by fraud or error. The audit findings indicate areas requiring improvement and management have implemented measures to review processes. The report measures Council’s financial capacity to achieve its adopted strategic and operational objectives. A material variance indicates areas requiring investigation such as revisiting budget estimation assumptions, workforce management and Council’s overall resource capacity to achieve its strategic objectives.

The recommendation by the Committee to Council for the adoption of the Annual Financial Report, Audit and Management Report and CEO’s report is a key statutory compliance matter. Should this not be recommended for adoption, Council’s adoption of the 2019/20 Annual Report will be delayed. This will impact Council’s ability to schedule the Annual Electors Meeting (AEM). This poses a high risk due to the possibility of occurring and the impact of a significant delay to major deliverables.

Should the Committee make alternative recommendations regarding the proposed allocation of the 2019/20 surplus, given the materiality of the amount and In line with Council’s risk ratings, the risk is assessed as moderate where the financial impact is less than $250,000 and the likelihood of this occurring is possible. To mitigate these risks, the report recommendations should be 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

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

Council Resolution:

(Report Recommendation) Minute No. C/1220/011

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Notes the minutes of the Audit and Risk Committee meeting dated 2 December 2020.

2. Receives the Chief Executive Officer’s report relating to the Audit.

3. Receives the Audit Management Report as per Attachment 1 of the Minutes of the Audit and Risk Committee Meeting.

4. Adopts the Audit Report dated 26 November 2020 and the Audited Annual Financial Report for the year ended 30 June 2020 as per Attachment 2 of the Minutes of Audit and Risk Committee meeting.

5. Confirms the allocation of the net surplus from the 2019/20 financial year as per Attachments 3 and 4 of the Minutes of the Audit Committee Meeting with the balance of $557,078 to be allocated to the Chinatown Stage 2 project.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Attachments

1.	Minutes of Audit and Risk Committee Meeting dated 2 December 2020

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

9.4.4 2019/20 ANNUAL REPORT

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM42

AUTHOR: Manager Governance, Strategy and Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The purpose of this report is for Council to consider accepting the 2019/20 Annual Report for the Shire of Broome and to set a date and time for the Annual General Meeting of Electors.

BACKGROUND

Previous Considerations

Nil.

Sections 5.53 and 5.54 of the Local Government Act 1995 require the Shire to prepare an Annual Report for each financial year and present it to Council for acceptance by 31 December after that financial year.

Furthermore, section 5.27 of the Local Government Act 1995 stipulates that a general meeting of electors is to be held once every financial year but not more than 56 days after the local government accepts the Annual Report for the previous financial year.

COMMENT

The Annual Report for 2019/20 has been prepared in accordance with section 5.53 of the Local Government Act 1995 which lists the minimum content requirements.

This year’s Annual Report highlights the continuation of the delivery of significant capital works projects, the challenges experienced through COVID-19 and feedback from the community about the Shire’s performance across all service areas following a community perception survey in June 2020.

Following acceptance by Council, the report will be made available to the public in preparation for the Annual Electors Meeting to be held in February 2021.

It should be noted that traditionally the Annual Electors Meeting is held in December each year. This has not been possible this year due to the Office of the Auditor General (OAG) having to consider some unexpected last-minute changes to accounting standards prior to final signoff on the annual financial statements. This has impacted all local governments.

The 2019/20 Audited Annual Financial Report makes up a significant portion of the Annual Report. The Audit and Risk Committee (ARC) recommended that Council receive and adopt the 2019/20 Audited Annual Financial Report, incorporating the Audit Report and Management Report, at its 2 December 2020 ARC meeting.

Council will receive and be asked to adopt the 2019/20 Audited Annual Financial Report at its 10 December 2020 Ordinary Meeting of Council.

CONSULTATION

Consultation on the Annual Report will be undertaken through the presentation of the Report to the Annual General Meeting of Electors.

STATUTORY ENVIRONMENT

The statutory environment applicable to the Annual Report are sections 5.53, 5.54, 5.55 and 5.55A of the Local Government Act 1995. Section 5.54(1) requires Council to accept the annual report by Absolute Majority.

The convening of the Annual Electors meeting is governed by sections 5.27, 5.29 of the Local Government Act 1995. Section 5.29 requires that a minimum of 14 days local public notice is provided.

Local Government Act 1995

Division 5 – Annual reports and planning

5.53. Annual reports

(1) The local government is to prepare an annual report for each financial year.

(2) The annual report is to contain —

(a) a report from the mayor or president; and

(b) a report from the CEO; and

[(c), (d) deleted]

(f) the financial report for the financial year; and

(g) such information as may be prescribed in relation to the payments made to employees; and

(h) the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year; and

(ha) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993; and

(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including —

(i) the number of complaints recorded in the register of complaints; and

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require;

and

(i) such other information as may be prescribed.

[Section 5.53 amended by No. 44 of 1999 s. 28(3); No. 49 of 2004 s. 42(4) and (5); No. 1 of 2007 s. 6; No. 5 of 2017 s. 7(1).]

5.54 Acceptance of annual reports

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.

*Absolute majority required.

5.55 Notice of annual reports

The CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.

5.55A. Publication of annual reports

The CEO is to publish the annual report on the local government’s official website within 14 days after the report has been accepted by the local government.

[Section 5.55A inserted by No. 5 of 2017 s. 8.]

5.56 Planning for the future

(1) A local government is to plan for the future of the district.

(2) A local government is to ensure that plans made under subsection (1) are in accordance with any regulations made about planning for the future of the district.

Division 2 – Council meetings, committees and their meetings and elector’s meetings

Subdivision 4 – Electors’ meetings

5.27 Electors’ general meetings

(1) A general meeting of the electors of a district is to be held once every financial year.

(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3) The matters to be discussed at general electors’ meetings are to be those prescribed.

5.29. Convening electors’ meetings

(1) The CEO is to convene an electors’ meeting by giving -

(a) at least 14 days’ local public notice; and

(b) each council member at least 14 days’ notice,

of the date, time, place and purpose of the meeting.

(2) The local public notice referred to in subsection (1)(a) is to be treated as having commenced at the time of publication of the notice under section 1.7(1)(a) and is to continue by way of exhibition under section 1.7(1)(b) and (c) until the meeting has been held.

Disability Services Act 1993

29. Report about disability access and inclusion plan

(2) A local government or regional local government that has a disability access and inclusion plan must include in its annual report prepared under section 5.53 of the Local Government Act 1995 a report about the implementation of the plan.

State Records Commission Standard 2 – Record keeping Plans

Principle 6 – Compliance

Government organisations ensure their employees comply with the recordkeeping plan.

Rationale

An organisation and its employees must comply with the organisations recordkeeping plan.

Organisations should develop and implement strategies for ensuring that each employee is aware of the compliance responsibilities.

Minimum Compliance Requirements

The recordkeeping plan is to provide evidence to adduce that:

1. The efficiency and effectiveness of the organisation’s recordkeeping systems is evaluated not less than once every 5 years.

2. The organisation conducts a recordkeeping training program.

3. The efficiency and effectiveness of the recordkeeping training program is reviewed from time to time.

4. The organisation’s induction program addresses employee roles and responsibilities in regard to their compliance with the organisation’s recordkeeping plan.

5. The organisation includes within its annual report an appropriate section that addresses points 1-4.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Printing and advertising costs have been provided for in the 2020/21 budget.

RISK

This is an annual recurring compliance obligation. Reputational damage may result should statutory timeframes not be met although consequence is minimal.

The Shire of Broome has an established history of being able to meet this compliance obligation.

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

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/012

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council:

1. Pursuant to section 5.54(1) of the Local Government Act 1995 accepts the Shire of Broome Annual Report for the 2019/20 financial year as presented.

2. Pursuant to section 5.27 of the Local Government Act 1995 convenes an Annual Electors Meeting to be held on Thursday 4 February 2021 commencing at 5.00pm in the Council Chambers.

3. Pursuant to section 5.29 of the Local Government Act 1995 requests that the Chief Executive Officer provide local public notice of the Annual Electors Meeting.

4. Pursuant to sections 5.55 and 5.55A of the Local Government Act 1995 requests that the Chief Executive Officer provide local public notice of the availability of the 2019/20 Shire of Broome Annual Report and that it be published on the Shire’s official website.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Attachments

1.	2019-20 ANNUAL REPORT

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

PDF Creator

Cr N Wevers returned to Chambers at 6:59PM

9.4.6 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 November 2020, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

BACKGROUND

Previous Considerations

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

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

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

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 2020/21 Annual Budget was adopted at the Ordinary Meeting of Council on 25 June 2020.

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

Budget Year elapsed 41.92%

Total Rates Raised Revenue 100% (of which 71.30% has been collected)

Total Other Operating Revenue 49%

Total Operating Expenditure 36%

Total Capital Revenue 49%

Total Capital Expenditure 29%

Total Sale of Assets Revenue 0%

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

Based on the 2020/21 Annual Budget presented at the Ordinary Meeting of Council on 25 June 2020, Council adopted a balanced budget to 30 June 2021.

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

Simple Majority

Council Resolution:

(Recommendation) Minute No. C/1220/014

Moved: Cr D Male Seconded: Cr C Mitchell

That Council adopts the Monthly Statement of Financial Activity Report for the period ended 30 November 2020.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Monthly Statement of Financial Activity Report November

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

10. Reports of Committees

10.1 MINUTES YAWURU PARK COUNCIL 18 NOVEMBER 2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: NAT55.1; NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents Council with a progress report for the Yawuru Park Council, comprising the draft minutes and associated recommendations of the meeting held on 18 November 2020.

This report also finalises a previous Council resolution for the Chief Executive Officer to report back to Council regarding the submission of a petition presented at the May 2020 Ordinary Meeting of Council requesting the possible installation of Lifesaving Rings at Gantheaume Point, Broome.

Additionally, Council is requested to waive the waste disposal fees for illegally dumped rubbish in the jointly managed Minyirr Buru (in-town) Conservation Park.

BACKGROUND

Previous Considerations

The Yawuru Park Council (YPC) has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of representatives from:

· Yawuru Registered Native Title Body Corporate / Nyamba Buru Yawuru (Yawuru);

· Department of Biodiversity, Conservation and Attractions (DBCA); and

· Shire of Broome.

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), Ben Dolby and Dean Mathews.

Yawuru Proxies: Eduardo Maher, Kevin Puertollano and Johani Mamid

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: Robert Blok (District Manager), Todd Quartermaine (Yawuru Parks Coordinator) and Luke Puertollano (Operations Officer)

DBCA Proxies: Nil

The Joint Management Agreement and Assistant Agreement form part of the ILUA’s.

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

YPC minutes were last presented to Council for noting at the Ordinary Meeting of Council (OMC) on 23 September 2020, which included minutes for the YPC meeting held on
19 August 2020.

Since the OMC on 23 September 2020 the YPC met on 18 November 2020.

COMMENT

YPC Meeting on 18 November 2020

The Agenda (Attachment 1) and Minutes (Attachment 2) of the YPC meeting held on 18 November 2020 are attached.

At the meeting, the YPC considered the following items:

3. Matters across all tenure

3.1 Management strategy prioritisation review – Conservation Action Planning methodology

On 24 August 2020, YPC Working Group attended a workshop with Conservation Management Pty Ltd, Manager, Stuart Cowell.

The workshop was to undertake review and assessment of the suitability of the Conservation Action Planning (CAP) and Monitoring, Evaluation, Reporting and Improvement (MERI) framework and Mirardi software tools.

The YPC Working Group supported investing $12,820 from the Trust Account (if required) to engage Conservation Management Pty Ltd to trial the CAP and MERI and Mirardi software.

Concerns were raised regarding resources required to assist with the development and implementation of the Mirardi software.

DBCA Yawuru Rangers will be responsible for the ongoing maintenance and data input, however, will require YPC, NBY and Shire support with regards to feeding information and data into the system.

DBCA to seek additional support for resources and investment.

The YPC Working Group will develop an action plan / schedule for implementation.

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

4.1 Update: Request for possible installation of lifesaving rings at Gantheaume Point

4.2

Following a site visit with the Shire President and Mr Castellarin, the YPC Working Group and Yawuru Law Bosses considered the appropriateness and location of life rings at Gantheaume Point.

The Yawuru senior men advised the high cultural significance of the area and they did not condone visitors jumping from the rock edge into the ocean.

The Yawuru Law Bosses agreed to the installation of the life rings as an emergency life saving measure, however, requested additional signage be included advising:

“This is a highly culturally sensitive area for Yawuru people. You are asked to show respect to Yawuru culture and not leave the pathway or jump from the rocks.”

The YPC working group are to formally request the Broome Visitor Centre and Uniquely Broome to remove material promoting jumping from the rocks at Gantheaume Point.

Mr Castellarin is to be advised of this decision.

4.3 Waste disposal fee waiver

Report and supporting statistics of illegal dumping removed from the Minyirr Buru (in-town) conservation park by the DBCA Yawuru Rangers for the period July 2019 – July 2020.

The report is seeking for the Broome Shire Council to waive fees at the Broome Waste Facility for the disposal of illegally dumped rubbish removed from the Minyirr Buru Conservation Park.

The supporting statistics indicate approximately 1.86 tonnes of waste removed over the 12-month period, with tip fees of $349.99.

It is noted, of the 65 recorded rubbish sites not all receipts were retained.

It is estimated actual tips fees are more likely to be $1,500 for the year (65 x $21.70 (average for 2019/20)).

It is recommended Council supports the request to waive fees at the Broome Waste Facility for the disposal of illegally dumped rubbish removed from the Minyirr Buru (in-town) Conservation Park by the DBCA Yawuru Rangers and, from time-to-time, Shire Rangers under the guidance of the DBCA Yawuru Rangers.

4.4 Reddell Beach precinct grant funding

In May 2020, DBCA submitted two funding applications for the Australian Government, Department of Agriculture, Water and Environment, COVID-19 Relief and Recovery funding for conservation, tourism and infrastructure upgrades at National and World Heritage places.

The two applications submitted were for the redevelopment of Reddell Beach precinct and Gantheaume Point.

The submissions were consistent with the Yawuru Conservation Estate Recreation Master Plan, endorsed by the YPC in 2018.

Funding of $800,000 for the upgrade of Reddell Beach precinct was awarded. Further consultations, project designs and management will be required to progress this project.

The YPC Working Group will be revising and re-submitting the Gantheaume Point application at the next round of available funding.

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

5.1 On 6 November 2020, the official launch of the Guniyan Binba Conservation Joint Management Plan took place at the amphitheatre, Cable Beach.

The launch was attended by the Minister for Environment, Disability Services and Electoral Affairs, Stephen Dawson MLC, Yawuru traditional owners, Cr Elsta Foy, Shire CEO and DBCA Yawuru Rangers and officers.

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

6.1 Man-galagun (Crab Creek) road repairs

Shire contracted by DBCA to undertake road repairs. Works completed; compaction rates exceeded required specifications. Work completed on time and within budget.

7. Reports

7.1 Financial Statement

Royalties for Regions (Operational) October 2020:

· YTD Actual $246,989

· YTD Budget $1,100,000

· YTD percentage spend 22%

Yawuru Trust Account (Capital) October 2020:

· YTD Actual $1,053

· YTD Budget no budget – pending prioritisation of 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 with $300,000 per year capital for the Terrestrial budget.

CONSULTATION

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

STATUTORY ENVIRONMENT

Local Government Act

6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or

(b) waive or grant concessions in relation to any amount of money; or

which is owed to the local government.

* Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges.

(3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government.

(4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

[Section 6.12 amended: No. 64 of 1998 s. 39.]

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

If Council supports the fee waiver relating to the waste disposal fees and includes this waiver on an ongoing annual basis, then there is a financial implication of approximately $1,500 – $2,000 per annum.

The Shire supported the installation of the life rings at Gantheaume Point with an in-kind contribution for the purchase and installation of two life rings with standard post fixing (316 marine grade stainless steel post and base plate).

There is a financial implication of approximately $2,500 for the purchase of the life rings, brackets, posts and base plates, which can be accommodated within the current operational budget.

Installation will be undertaken by the Shire works crew with the ongoing maintenance of the life rings being the responsibility of the DBCA Yawuru Rangers.

RISK

There is potential risk to life in the event a similar tragedy occurs, and the life rings are not installed.

There is a risk of damage or theft of the lifesaving rings and posts, in which event it will require replacement.

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/015

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council:

1. Notes the minutes of the Yawuru Park Council meeting held on 18 November 2020;

2. Acknowledges the decision by the Yawuru Park Council agreeing to the installation of Lifesaving Rings at Gantheaume Point, Broome, as proposed in the petition presented at the May 2020 Ordinary Meeting of Council; and

3. Pursuant to Section 6.12 (Power to defer, grant discounts, waive or write off debts) of the Local Government Act 1995, supports the waiver of fees at the Broome Waste Facility for the disposal of illegally dumped rubbish removed from the Minyirr Buru (in-town) Conservation Park and consideration be given for this to occur on an annual basis.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Meeting 48 Agenda and Items November 2020
2.	Attachment 2 - Draft Meeting Minutes
3.	Attachment 3 - Item 4.2 Minyirr Park Fire Recovery Report No2

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

10.2 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND THE KIMBERLEY REGIONAL GROUP HELD 23 NOVEMBER 2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RCG01; OGS03

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents for Council endorsement the Minutes from the Joint Meeting of the Kimberley Zone of WALGA and Kimberley Regional Group held on 23 November 2020.

BACKGROUND

A copy of the minutes from the joint meeting held 23 November 2020 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) is attached for Council consideration (Attachment 1 – Joint Kimberley Zone and Kimberley Regional Group Minutes 23 November 2020).

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

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

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

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

COMMENT

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

The following items should be noted by Council:

8.1 WALGA State Council Meeting and Presidents Report

This item recommended various matters for decision were supported including:

1. Local Government Act Review Advocacy Paper – Key Issues from Recent Inquiries into Local Government

Ongoing advocacy relating to the Review of the Local Government Act 1995 be noted and the “Advocacy Positions for a New Local Government Act: Key issues from recent Inquiries into Local Government” be endorsed.

2. Submission – registration of Building Engineers in WA

Advise the Department of Mines Industry Regulation and Safety (DMIRS) that the registration of Building Engineers in WA is supported.

Request that DMIRS also consider the registration of Electrical Engineers, Façade Engineers, Energy Assessors, Bush Fire Consultants, Access consultants, Swimming pool, Patio installers and Demolition contractors.

Request that DMIRS clarify that dilapidation reports may only be undertaken by Registered Engineers.

Provide this report to Department of Mines Industry Regulation and Safety as feedback on the Consultation Regulatory Impact Statement.

3. Family and Domestic Violence and the Role of Local Governments

WA Local Governments recognise the prevalence, seriousness and preventable nature of family and domestic violence and the roles that Local Governments can play in addressing gender equity and promoting respectful relationships in their local community.

WALGA advocates to the State Government:

a) to define and communicate the role, responsibilities and expectations of Local Governments in family and domestic violence.

b) for adequate funding for family and domestic violence programs and services, particularly in regional areas.

c) for appropriate resources and funding be allocated to Local Governments to implement any particular roles and actions addressing family and domestic violence as defined in the State Strategy.

d) to provide support to Local Government in the broader rollout of the Prevention Toolkit for Local Government.

e) to continue advocacy to the Commonwealth Government for additional funding and support.

WALGA organises presentations for Local Governments that address family and domestic violence, as part of relevant events or webinars.

4. Underground Power

That Local Government supports the:

Continuation of cooperative arrangements between the State Government, WesternPower and Local Government to progressively replace the overhead electricity distribution network in residential areas with underground power.

Development of a new approach to identifying and prioritizing areas for investment in underground power, initiated by the need to invest in the overhead network to meet safety, reliability and capability requirements.

Development of a new approach to allocating State Government resources.

5. CEO Recruitment and Selection, Performance Review and Termination Standards Regulations

Does not endorse the Local Government (Administration) Amendment Regulations 2020 in its current form.

Reiterates and updates the following advocacy positions from December 2019:

a) removal from the Regulations the requirement to re-advertise CEO positions after 10 year’s continual service; and

b) encouraging, rather than mandating, the involvement of an independent person in the CEO Recruitment and Selection Process.

Advocates for the following matters:

a) The retention of Regulation 18C of the Local Government (Administration) Regulations;

b) Deletion of the requirement under Regulation 18FB(4) to provide a copy of a council resolution certifying compliance with the CEO standards to the Departmental CEO;

c) The conduct of an independent assessment of potential industrial and employment law consequences arising from the proposed regulations under Schedule 2, Division 4 ‘Standards for termination of employment of CEOs’;

d) Deferral of Regulation 18FC pending an independent assessment of the Schedule 2, Division 4 ‘Standards for termination of employment of CEOs’.

Seek that the CEO Recruitment and Selection, Performance Review and Termination Working Group be reconvened to oversee the development of CEO Standards Regulations.

6. Model Code of Conduct for Council Members, Committee Members and Candidates Regulations

That WALGA generally supports the Local Government (Model Code of Conduct) Regulations 2020 with the following recommendations:

a) Amend Division 2, Clause 4(d) to read ‘identify and appropriately manage any conflict of interest’;

b) Does not support the inclusion of local level complaints about alleged behavioural breaches and Local Governments dealing with complaints provisions in Division 3, Clauses 10 and 11; and

c) Supports an external oversight body to manage local level complaints involving council members as prefaced in the Local Government Review Panel Report, City of Perth Inquiry Report and Select Committee into Local Government Report, to be considered in a future Local Government Act.

The WALGA recommendations were supported.

9.1 2021 Meeting Dates

This item recommended proposed meeting dates for 2021.

The following meeting dates were endorsed:

Meeting Date	Location
22 February 2021	Broome
26 April 2021	Video Conference
24 May 2021	Derby
28 June 2021	Video Conference
2 September 2020	Broome to coincide with WALGA State Council Regional Meeting being held in Broome
22 November	Kununurra

9.4 Kimberley Regional Group Audit 2019-2020

This item presented the unqualified (clean) audit for the 2019-20 financial year confirming a year end surplus of $327,907.

9.5 Kimberley Regional Group Financial Activity Statement 31 October 2020

This item presented the Financial Activity Statement to 31 October 2020. The item included a $10,000 allocation from the Zone surplus to develop branding and website assets for the group.

CONSULTATION

WALGA

Kimberley Development Commission

Kimberley RDA

WALGA RoadWise

Department of Local Government Sport and Cultural Industries

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

Council should note that the member Council contribution has again been contained to $50,000 per participant for the 2020-21 financial year. This amount has already been included in the Annual Budget which has been endorsed by Council.

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

Affordable and equitable services and infrastructure

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1220/016

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA and Kimberley Regional Group as attached in the Joint Meeting Minutes of 23 November 2020 en bloc.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - Joint Kimberley Zone and Kimberley Regional Group Minutes 23 November 2020

Minutes – Ordinary Meeting of Council 10 December 2020 Page 1 of 2

11. Notices of Motion

11.1 ARTS AND CULTURE STRATEGY (COUNCILLOR WEVERS)

The following Notice of Motion was submitted by Cr N Wevers as per the Shire of Broome Meeting Procedures Local Law Clause 5.3.

Shire officers prepared a response prior to Council consideration. The included response was circulated to Councillors prior to the meeting.

Council Resolution:

(COUNCILLOR MOTION) Minute No. C/1220/017

Moved: Cr N Wevers Seconded: Cr P Taylor

That Council:

1. Withdraws the following documents, currently out for public comment and acknowledges they were not of a sufficient standard to release publicly:

a. Arts and Culture Strategy

b. Arts and Culture Action Plan 2021 – 2025

2. Requests the Chief Executive Officer undertake a review of the quality and breadth of the Arts and Culture Strategy and Arts and Culture Action Plan 2021-2025 and bring back to Council for further public comment

3. Acknowledges those who have already made a submission and includes those submissions with future public comment on the revised Arts and Culture Strategy and Arts and Culture Action Plan 2021-2025.

CARRIED UNANIMOUSLY 9/0

COUNCILLOR COMMENT / BACKGROUND

These documents require significant review, research and editing. They require more extensive consultation and agreement with the Arts Industry in Broome, be they individuals or Arts organisations before they are put out for future public comment.

OFFICER RESPONSE

The following response was provided as per the Shire of Broome Meeting Procedures Local Law 5.3(d):

The CEO –…..

(d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

General Background

During the preparation of the 2018 – 2019 Annual Budget Elected Members considered, and later approved, the development of an Arts, Culture and Heritage Strategy.

The indicative scope provided to Elected Members, as part of the approval process, was for the development of a guiding document incorporating consideration of the following:

· A review and gap analysis of current Shire arts, culture and heritage projects;

· A review and gap analysis of key stakeholders;

· An analysis of current strategies, plans, operational plans and the Integrated Planning and Reporting Framework;

· Community consultation / engagement to identify gaps / priorities / aspirations;

· Recommended key focus areas for delivery by the Shire;

· Recommended key focus areas for the district; and

· Implementation plan deliverables (within current resourcing).

The summarised scope for the strategy was included in a Request for Quote (RFQ) as follows:

The Shire of Broome Arts, Culture and Heritage Strategy and Action Plan will provide a strategic and operational framework for the delivery of arts, culture and heritage initiatives by the Shire.

It will combine key findings from review of the Shire’s current informing plans, strategies and policies; community and stakeholder consultation; and key trends within the arts, culture, heritage and local government sectors.

The operational component will focus on articulating achievable goals and actions for the Shire; with strong regard to the community development principles of inclusion, empowerment and capacity building.

The RFQ was widely advertised however, by the submission closure date (22 March 2019), there were no applications received.

Following the unsuccessful RFQ process, and through consensus with Elected Members, the project was temporarily placed on hold to allow Shire officers the opportunity to explore alternate delivery options, which included the possibility of accessing State government funding.

The Shire was notified the State government funding program was no longer proceeding. Prior to undertaking a second RFQ procurement process, Shire officers reviewed the scope of the project and revised to focus on arts and culture only.

The second RFQ process (13 February 2020 to 4 March 2020) deliberately focussed on the local consultancy market, in conjunction with wider advertising, to deliver the Shire of Broome Arts and Culture Strategy and Action Plan.

At the close of the second RFQ process, quotations were received from the following people / organisations:

· Clancy McDowell Communications and Media;

· Gwen Knox trading as Big Mama Productions; and

· Apparatus (Helen Curtis).

After assessment by the Shire officer panel, Clancy McDowell Communications and Media was selected as the preferred consultant to undertake the works and was engaged in late April 2020.

Ms McDowell was selected due to her background in communications, marketing and media as well as a demonstrated understanding of the regional arts and culture sector. This combination of experience was deemed beneficial for the delivery of strategic and operational documentation to guide Shire projects.

Key Stakeholder and Community Engagement

Shire officers worked with the consultant to determine an appropriate engagement strategy to identify gaps, priorities, aspirations and opportunities to inform the Shire’s focus.

The engagement strategy was developed in alignment with Council’s Community Engagement Policy and identified the “Consult” level of engagement as the most appropriate. The engagement methods often used at this level include:

· Public comment;

· Focus groups;

· Surveys;

· Public meetings; and

· Targeted feedback e.g. specific stakeholders.

Shire officers considered additional engagement methods to add value to the process, and implemented the following additional engagement activities:

· Web site and social media posts;

· Media release;

· Workshops; and

· Travel to communities on the Dampier Peninsula and Bidyadanga.

The following key stakeholder and community engagement opportunities occurred:

· A workshop on 20 July 2020 for the industry and tourism sector was attended by representatives from the following organisations:

o Broome Visitor Centre;

o Broome Chamber of Commerce and Industry;

o West Kimberley Alliance;

o ST Consulting;

o Black Stump Gallery; and

o Chinatown Broome Collective (formerly the Chinatown Town Team).

· On 21 July 2020 a workshop for practitioners and community members was held with the attendance register showing the following organisations were represented:

o Broome Chinese Community;

o Nyamba Buru Yawuru;

o Theatre Kimberley x 2;

o Kimberley Arts Network;

o Backroom Press;

o Nagula Jarndu;

o Saltwater Music;

o Recovery Centre;

o Goolarri Media x 3;

o Magabala Books;

o Marrugeku; and

o Local artists x 6.

· A Focus Group was held on 25 July 2020 with two attendees representing North Regional TAFE (Broome).

· Additional meetings have also been held with members from:

o Shinju Matsuri;

o Broome Visitors Centre;

o Yawuru;

o Nyul Nyul Community;

o Bidyadanga Community; and

o Bardi Community.

A Sector and Related Industry Bodies’ Feedback process was instigated with forms received from twenty-four (24) sector and related industry bodies.

Additionally, a Community Survey was undertaken (via Survey Monkey), with sixty-four (64) responses received.

Of the Community Survey received responses, 52% stated they work in the arts and culture industry.

The key themes arising from all engagement activities are listed below:

· Improved relations with the arts and culture sector, through increased opportunities, investment and advocacy by the Shire;

· Improvements to the Broome Civic Centre to provide additional opportunities and performance variation;

· Displaying the Shire of Broome art collection more widely; and

· Identification / development of Shire-owned space for use by visual artists as a studio and gallery.

Shire officers also recognised, for inclusion in the final documentation, those organisations the Shire of Broome currently funds and / or assists.

Elected Member Engagement and Process

The following Elected Member opportunities occurred:

· The Council Workshop held on 24 May 2020 provided a presentation on the introduction to the various documents which, when combined, form the Community Development Framework. The Framework includes, amongst other key informing documents, the Arts and Culture Strategy and Action Plan. Attended by Councillors Tracey, Male, Rudeforth, Taylor and Wevers, the presentation outlined the methodology to deliver a review of existing, or deliver new, Framework documents whilst in a COVID-19 restriction period which, at the time, prohibited gatherings and travel to remote communities.

· At the Council Concept Forum held on 14 July 2020 the consultant provided an overview of the project scope, and initial feedback, suggesting the Shire was well placed to enhance, contribute and support arts and culture in Broome. Elected Members workshopped the strengths of the local sector; the potential role for the Shire; and where they felt the Shire could have the most impact. The Forum was attended by Councillors Male, Mitchell, Taylor, and West.

· Two Council Workshops held in October 2020 (13^th and 27^th) provided Elected members with a further update on the status and the remaining steps to conclude the process for the development of the Arts and Culture Strategy and Action Plan. This included the completion of the draft action plan, draft strategy and finalisation of workshops with external stakeholders. The remaining steps included 1) consultation with internal Shire officers to finalise the action plan for delivery within current resources, and 2) seek Council endorsement to open a public comment period seeking feedback on both the Draft Strategy and the Draft Action Plan. Councillors Tracey, Male, West, Taylor and Wevers attended the session on 13 October 2020. The session held on 27 October 2020 was attended by Councillors Matsumoto, Foy, Mitchell, Taylor, West and Wevers.

At the Council meeting held on 3 November 2020, Council resolved the following:

Council Resolution:

Minute No. C/1120/018

Moved: Cr N Wevers Seconded: Cr H Tracey

That Council:

1. Endorses the following draft documents to be released for an eight week (8) public comment period to seek community feedback:

i. Community Development Framework

ii. Community Safety Plan 2021 – 2025

iii. Youth Plan 2021 – 2025

iv. Art and Culture Strategy and Action Plan 2021 – 2025

v. Town Beach Place Management Plan 2021 - 2025

2. Requests the Chief Executive Officer to provide a report to Council on submissions received through public consultation and present the final Community Development Framework and informing documents to Council for adoption.

CARRIED UNANIMOUSLY 8/0

Shire officers originally recommended a four (4) week public comment period.

Council amended the public comment period to eight (8) weeks, to allow community members a greater time period for comment.

As per Part Two (2) of the Council Resolution, the process following the end of the comment period includes Shire officers assessing any feedback received before presenting Council with the outcomes of the feedback process and the final Arts and Culture Strategy and Action Plan, with or without modification.

Council can choose to adopt, or not adopt, the final Plan.

Quality of the documentation and engagement

Shire officers have assessed the document against the required scope of the project and believe the draft documents align to the scope, as provided to the consultant. Shire officers have reviewed the level and method of community engagement used against Council’s Community Engagement Policy and believe this aligns. Assessing the outcomes of the engagement documentation and the establishment of the key themes, Shire officers believe the draft documents accurately reflect the conversations, workshop outcomes, feedback and survey results received.

Shire officers were requested to review the ability for outcomes and actions to be delivered within current resources and believe the outcomes and actions are deliverable (noting the Arts and Culture Strategy and Action Plan is part of the Community Development Framework which includes additional initiatives). A desktop assessment of similar documents from other Councils has been undertaken by Shire officers with no demonstration the draft documents currently out for public comment are sub-standard or not of a standard to release publicly.

Public comment period

The public comment period commenced on 4 November 2020 and Shire officers have undertaken the following promotional and awareness activities:

· Social media posts;

· Shire of Broome website comment page;

· Targeted email to arts and culture stakeholders involved in the process (5 November 2020), including:

o Broome Chinese Community;

o Nyamba Buru Yawuru;

o Theatre Kimberley;

o Kimberley Arts Network;

o Backroom Press;

o Nagula Jarndu;

o Saltwater Music;

o Recovery Centre;

o Goolarri Media;

o Magabala Books;

o Marrugeku;

o Local artists;

o North Regional TAFE (Broome);

o Shinju Matsuri;

o Broome Visitors Centre;

o Yawuru;

o Nyul Nyul Community;

o Bidyadanga Community;

o Bardi Community;

o Kimberley Authentic Art;

o Broome Historical Society;

o Pigram Music;

o MudMap Studios;

o Big Mama Productions;

o Broome Circle;

o Suzy French Art and Broome School of Art;

o Somewhere Studios;

o Indiginop Broome;

o Broome Senior High School;

o Australia’s North West;

o Short Street Gallery;

o Black Stump Gallery;

o Pearl Coast Framing;

o Narligia Cultural Tours;

o Saltwater Rodeo; and

o Broome Performing Arts Co-op.

· A press release;

· Email to the Broome Chamber of Commerce and Industry;

· Email to Elected Members, requesting forwarding to the respective constituents;

· Community engagement stall at Broome Boulevard (2 December 2020) and Paspaley Shopping Centre Complex (9 December 2020);

· Inclusion in Shire e-newsletter;

· Radio promotion on Triple M; and

· Newspaper advertisement in the Broome Advertiser.

As per Council Resolution, the public comment period closes 31 December 2020. As previously mentioned, Shire officers will review any public submissions before presenting Council with the outcomes of the feedback process and the final Arts and Culture Strategy and Action Plan, with or without modification. At the time of writing, one (1) submission has been received.

Conclusion

The Chief Executive Officer has reviewed the documentation and is of the opinion the documentation is of a suitable standard to engage community feedback.

Shire officers believe allowing the public comment to continue through until 31 December 2020 is appropriate given:

· The process undertaken to date;

· The engagement activities used; and

· Assessment of the documentation by the Chief Executive Officer.

Subsequent to the completion of the public comment period, Shire officers will meet with those who have made a submission in order to appropriately respond. An Elected Member workshop session will be held in February 2021, to finalise the documentation and discuss public feedback, has already been scheduled.

Attachments

There are no attachments for this report.

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

Councillor Attendance Register
Post 2019 Local Government Elections
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
2019	12 December
2020	27 February							LOA
2020	26 March
2020	30 April			LOA
2020	28 May									LOA
2020	25 June	LOA
2020	30 July		A	LOA
2020	31 August			LOA	LOA
2020	23 September				LOA					LOA
2020	29 October				LOA
2020	19 November			LOA	A

1.	2020.12.02 RRRP Master Plans and Details
2.	Lot 25716 - Groundwater Source Protection Assessment Report
3.	2020.12.03 RRRP Site Comparison Report REV 1.2
4.	2020.07.08 WC Letter Transfer of Management
5.	2020.12.02 RRRP Site Selection Community Engagement Plan

Communication	Integrity
Respect	Innovation
Transparency	Courtesy

2.25. Disqualification for failure to attend meetings