Minutes of Ordinary Meeting - Thursday, 15 December 2022

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 15 December 2022, COMMENCING AT 5:00PM.

1. Official Opening

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5:02pm.

2. Attendance and Apologies

ATTENDANCE

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

Apologies:	Nil


Leave of Absence:	Leave of absence was previously granted to Cr E Foy.


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Hall	Director Infrastructure
	Mr J Watt	Director Corporate Services
	Mr K Williams	Director Development Services
	Mr D Kennedy	Manager Governance, Strategy and Risk
	Mr D Bonnici	Marketing & Communications Coordinator
	Miss K Cookson	Senior Administration & Governance Officer
	E Pendlebury	Economic Development Coordinator
	M Nutt	Place Activation and Engagement Coordinator
	A Clarke-Hale	Special Projects Coordinator

Media:	H Barry	ABC

Public Gallery:	T Oliver	Broome Surf Life Saving Club
	T Chapman	Broome Volleyball Association
	K Cooper	Broome Volleyball Association
	T Aristei	Broome Surf Life Saving Club
	R Aristei	Broome Surf Life Saving Club
	J Charleta	Broome Social Soccer

3. Announcements By President Without Discussion

Nil.

4. Declarations Of Interest

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr C Mitchell	9.4.4	Western Australian Local Government Association (WALGA) - Best Practice Governance Review	Board member of WALGA

5. Public Question Time

The following questions were received from Kimmy Cooper (Broome Volleyball Association) prior to the meeting:

Question One (1)

Following Council Resolution C/0322/048 whereby Council "Request the Chief Executive Officer to consider youth and skate elements in the concept designs for the Cable Beach Foreshore Redevelopment", did the Chief Executive Officer consult with any of the beach sports clubs who actively play on Cable Beach such as beach volleyball, beach soccer, surf lifesaving, beach netball etc.?

Answer provided by Chief Executive Officer

The Shire’s endorsed a Community Engagement Plan at the September 2021 OMC which set the levels of engagement for the project and listed key stakeholders. The plan included the development of the Cable Beach Community Stakeholder Reference Group

The Surf Club have been engaged with throughout the Cable Beach Detailed Design process and listed as a stakeholder within the Community Engagement Plan.

Several community consultation sessions were held in March 2022 and the whole Broome community were invited to attend and provide feedback on the 50% Concept Designs.

The Youth Advisory Council (YAC) as the relevant voice on youth issues was consulted multiple times on the idea and concept of a youth hub behind the surf club.

Beach volleyball, soccer and netball were not specifically consulted as part of this process in line with the Community Engagement Plan. These groups were however engaged through the development of the Shire’s Sport and Recreation Plan 2021 – 2031.

Council is extremely keen to see ‘beach sports’ and local clubs continue and even expand their activities on the beach and in designated event space. It should be noted, Council has also financially supported these events in the past.

Question Two (2)

In light of the strong community member and local community sports group support for a multi purpose sand court arena, will Council take action to ensure proper consultations reflect these community and sports stakeholders aspirations for a local community club hub within the iconic Cable Beach precinct?

Answer provided by the Chief Executive Officer

The Cable Beach Foreshore Redevelopment Project has been a long-held aspiration of Council and the community. Council has provided 6 years of significant community consultation and engagement opportunities with this project.

There were Council endorsed Community Engagement Plans for the Cable Beach Development Strategy (2016), Cable Beach Masterplan (2017), Coastal Hazard Risk Management Adaptation Plan (2017) and more recently for the Detailed Design phase of this project.

These processes included mailouts to landholders and stakeholders in the precinct, media releases, Shire website information, public notices, radio, information sessions, workshops and videos, FAQ sheets, stakeholder reference groups, signage on display at Cable Beach, community picnics etc.

We are confident the Shire has delivered a more than adequate consultation process over this extended period of time.

The idea of a sand court arena or club hub has not been raised through any of these formal community consultation processes.

Further, all local sporting groups were engaged extensively through the development of the Sport and Recreation Plan 2021 – 2031. There was no submission made through this consultation process held most recently in Feb/March this year. There are however 3 sand volleyball courts indicated for future development at BRAC.

The Cable Beach project is at the completion of the detailed design phase and tender packages for construction are currently being finalised. The design has evolved over time with consideration for community feedback, there are however many thoughts and ideas that could unfortunately not all be accommodated.

The following questions were submitted by William Morris (Broome Volleyball Association) prior to the meeting. William could not attend the meeting but the Chair read aloud the questions on his behalf:

Question One (1)

Given community support evidenced in formal letters of support from local sporting clubs and associations and hundreds of resident petition signatures, has Council been presented any cost assessment for alternative youth engagement elements at Cable Beach Precinct?

Answer provided by the Chief Executive Officer

I am not in receipt of any formal letters of club support having been submitted with the Shire, excepting from the Broome Volleyball Association and Volleyball WA.

As above, the Shire has completed an extensive community consultation process on this project over a 6-year period. I would encourage you to refer to the Cable Beach Foreshore Redevelopment Community Engagement Evaluation Report tabled in tonight’s Council agenda.

There is no further work or re-design proposed.

I would take the opportunity to encourage all sporting clubs to participate in our Sport and Recreation planning processes to ensure that Council is fully aware and informed of aspirations in a strategic manner to enable coordinated prioritisation of initiatives.

BRAC is the Shire’s principal sporting hub and this has been informed and influenced by community engagement over many years.

Question Two (2)

The response from Shire CEO to a previous public question outlined variation from the "2017 plan" in order to relocate the basketball court from the amphitheatre zone to behind the Surf Life Saving Club.

Why is that 2017 plan subsequently unable to consider "youth elements" as anything other than "basketball" despite strong community support for beach oriented sports?

Answer provided by the Chief Executive Officer

The Shire is highly supportive of promoting beach orientated sports on the beach. The redevelopment will incorporate access to plug in power in order to facilitate events and activities on the beach. The Shire will also be completing a Place Activation Plan in the near future to actively facilitate usage, this will involve consultation with local sporting groups to ensure opportunities for use of this iconic beach are maximised.

No representations for volleyball courts were received as part of the projects concept design period. It would undermine the community engagement process that has already occurred and be unfair to those parties that put in the submissions at the appropriate time to be changing elements based on a late submission.

The hardstand design of the Youth hub allows for a range of free and open usage activities including basketball and skating that cannot take place on the beach sand. Given the limited availability of foreshore land the Shire supports and encourages sand-based sports on the beach.

6. Applications for Leave of Absence

Nil.

7. Confirmation Of Minutes

Council Resolution:

Minute No. C/1222/001

Moved: Cr P Matsumoto Seconded: Cr N Wevers

That the Minutes of the Ordinary Meeting of Council held on 17 November 2022, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

8. Presentations / Petitions / Deputations

A petition was received by Council from Tom Chapman, Chair of the Broome Volleyball Association requesting the Shire of Broome reconsider and support the community proposal to incorporate a multi-purpose beach sand arena within the Cable Beach Redevelopment for the following reasons:

· Overwhelming local community group support for a permanent beach sand arena close to amenities and without tide and debris limitations;

· A multi-purpose beach sand arena would be far more suitable than additional concrete at such an iconic beach foreshore;

· Potential for beach-oriented event based tourism befitting the iconic Cable Beach and accompanying the spectacular new Surf Life Saving Club facility and associated amenities

An agenda item relating to the petition will be prepared for the next Ordinary Meeting of Council in February 2023.

9. Reports From Officers

9.1 People

There are no reports in this section.

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.2 Place

9.2.1 Cable Beach Foreshore Redevelopment - Community Engagement Evaluation Report

LOCATION/ADDRESS: Cable Beach Foreshore Reserve

APPLICANT: Nil

FILE: PLA98

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Cable Beach Foreshore Redevelopment (CBFR) Community Engagement Plan (CEP) was endorsed at the Ordinary Meeting of Council on 30 September 2021. This established the formation of the Cable Beach Community and Stakeholder Reference Group (BCSRG) and provided direction on how and when engagement would occur during the detailed design process.

The Community Engagement Plan identified that community feedback would be sought during the concept phase of the detailed design process, allowing for interested stakeholders and community members to provide feedback and have input into the design. Following the completion of concept phase, the design specifications would then be detailed for the purposes of tender documentation. The CEP noted that at the completion of the detailed design process, a Community Engagement Evaluation Report (CEER) is to be collated, detailing all engagement through the design process.

This report provides a high-level summary of the engagement that was undertaken during the design process and includes a copy of the Community Engagement Evaluation Report for Council’s noting.

BACKGROUND

Previous Considerations

The Cable Beach Foreshore Redevelopment project has followed a methodical process from its early identification in the Cable Beach Development Strategy, through concept development, business case, and now the detailed design phase. The following section provides a high-level summary of the project's evolution.

These Council-endorsed informing documents set out the direction and vision for the detailed design process, outlining key strategic decisions, such as the need for coastal protection, and the ‘big moves’ that would inform the design process.

The informing documents also frame the design elements that could be influenced through the detailed design process, which is typically about iterative refinement based on inter-disciplinary requirements, rather than wholescale design changes.

Stage	Year	Intent	Level of Engagement
Cable Beach Development Strategy	2016	Set out the strategic direction for Cable Beach area, including a requirement for a foreshore master plan to coordinate future development. The development strategy was formally adopted by Council in 2016.	Engagement was guided by a Council endorsed engagement plan and was subject to an extensive engagement process, including a 21-day public comment period.
Broome Townsite Coastal Hazard Risk Management Adaptation Plan	2017	Set out coastal hazard risk impacting Broome townsite and identified recommended responses to the risk, including a protect option for Cable Beach (Surf Club, Zanders and amphitheatre). This was formally adopted by Council in 2017.	Engagement was guided by a Council endorsed engagement plan and was subject to an extensive engagement process, including a 46-day public comment period.
Cable Beach Foreshore Master Plan	2017	The purpose of the CBFMP is to provide a long-term vision for the Cable Beach foreshore area and provided the key design elements that were to be taken forward through to detailed design.	Engagement was guided by a Council endorsed engagement plan and was subject to an extensive engagement process, including a 42-day public comment period.
Cable Beach Detailed Design (Current phase)	2022	Building upon the 2017 master plan, the detailed design sought to revisit and test the original master plan. This was then developed into a concept design which was taken forward into detailed design.	Engagement was guided by a Council endorsed engagement plan. This identified that the public engagement would take place at the concept stage to allow interested stakeholders and community members to provide feedback and have input into the concept designs.

Cable Beach Development Strategy (2016)

Since the late 1990s, the Shire has recognised the need to undertake coordinated land use planning for the Cable Beach Precinct. This originally progressed through the formation of the Cable Beach Tourist Node Structure Plan (1998) followed by a number of strategies and plans. The most recent is the Cable Beach Development Strategy (CBDS), which was adopted at the Ordinary Meeting of Council (OMC) held in July 2016.

The CBDS provides guidance for future land use and development within the Cable Beach tourist district and includes recommendations for how the Shire and its relevant partners can work together to achieve the objective of the Local Planning Strategy.

One of the recommendations identified within the CBDS was for a Foreshore Master Plan to provide a vision for the Cable Beach Foreshore Reserve at a sufficient level of detail to seek funding for its implementation.

The following ‘Shire of Broome Directions’ were identified within the CBDS, subject to budget and resourcing: 3.8.2 Shire of Broome Direction – Public Realm Prepare a Foreshore Master Plan for the Cable Beach Foreshore Reserve (Reserve 36477), which explores the concepts outlined in the Concept Plan and provides a detailed basis for undertaking improvements in the public realm.

Cable Beach Foreshore Master Plan (2017)

In September 2016, the Shire engaged UDLA to prepare a Master Plan for the Cable Beach foreshore area and adjacent portions of the Cable Beach Road West Road Reserve.

The Master Plan considered, in greater detail, the concept designs that formed part of the Cable Beach Development Strategy. The Master Plan provided the vision for the Cable Beach foreshore area, which has now progressed into detailed design and has been used as a tool to facilitate investment in community infrastructure through municipal funds, grants, and public and private partnerships.

Council endorsed the master plan at the Ordinary Meeting of Council held on October 17, 2017, following an extensive community consultation process.

Broome Townsite Coastal Hazard Risk Management Adaptation Plan (2017)

The potential coastal erosion risks that may affect the Cable Beach Foreshore were identified through a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) process, which was also formally adopted by Council in 2017.

This identified the risk posed to assets and infrastructure within the footprint of the Cable

Beach Foreshore Master Plan in the year 2040 and beyond.

An ‘Extreme’ risk rating for the year 2040 was identified for the Cable Beach Shoreline, Surf

Life Saving Club and Zanders Café.

The CHRMAP recommended that a ‘protect’ option be taken for the Cable Beach foreshore in front of the Surf Club, Zanders and amphitheatre.

COMMENT

The Shire of Broome has engaged Josh Byrne & Associates as lead consultant to undertake Detail Design services for the Cable Beach Foreshore Redevelopment (CBFR).

At the start of this process, a Cable Beach Foreshore Redevelopment Community Engagement Plan (CEP) was endorsed at the Ordinary Meeting of Council on 30 September 2021. This established the formation of the Cable Beach Community and Stakeholder Reference Group (CBCSRG) and provided direction on how and when engagement would occur during the design process.

Cable Beach Community and Stakeholder Reference Group

Given the significance of Cable Beach Foreshore Redevelopment, it was proposed for a Stakeholder and Community Reference Group to be formed. The purpose of this group is to:

· Provide input and feedback to the Shire of Broome and Council on the Cable Beach Foreshore Redevelopment detailed design

· Ensure the community and key stakeholders are appropriately engaged in the detailed design phase of the project

· Act as a conduit between the Shire of Broome, Council and the community, businesses and residents in Cable Beach

Throughout the design process, the CBCSRG have convened on the following dates:

Meeting No	Date	Topic
1	7/12/2021	Site Analysis, opportunities and constraints, and coastal protection
2	16/02/2022	Schematic Design and coastal protection update
3	9/03/2022	50% Concept Design
4	26/05/202	100% Concept Design
5	7/09/2022	85% Detailed Design and overview of community consultation
6	6/12/2022	Revised Design and final 3D renders and Art and Interpretation Plan

Community Feedback

The CEP identified that community feedback would be sought during the concept stage of the design, allowing for interested stakeholders and community members to provide feedback and have input into the design. Following the completion of concept phase, the design specifications would then be detailed for the purposes of tender documentation. The CEP noted that at the completion of the detailed design process, a Community Engagement Evaluation Report (CEER) is to be collated, detailing all engagement through the design process. The CEP noted that the engagement report would be presented to Council and made publicly available on the Shire of Broome and project website.

The community engagement sessions were undertaken during the concept phase of design development. A number of engagement exercises were undertaken, including:

Date	Event / Activity	Stakeholders
Wednesday 9 March	Cable Beach Community and Stakeholder Reference Group Meeting	Cable Beach Community and Stakeholder Reference Group
Wednesday 9 March	Targeted Community Information Session (Environment)	Environs Kimberley, DCMG, Turtle Monitoring Group
Thursday 10 March	Targeted Community Information Session (Cable Beach Traders)	Business and sole traders
	Targeted Community Engagement Session (Events)	Event producers
	Open Community Information Session	Whole community
Friday 11 March	Information display – Broome Boulevard	Whole community
Friday 11 March	Community Picnic	Whole community
Saturday 12 March	Information display – Broome Boulevard	Whole community
Tuesday 15 March	Targeted Community Engagement Session (Youth)	Youth Advisory Council

Additional Engagement Activities

· A community information picnic was set up on the 27 June 2022 to provide broader reach into the Yawuru community.

· A project specific website was set up to provide background and regular updates on the project

· Regular social media updates on Facebook

· Notice of public engagement sessions in the Broome Advertiser

· Videos from the Shire president introducing the concept plan, followed by a video from the CEO and Coastal Consultants providing further information on the coastal protection options.

· Radio adverts notifying the community of design process and engagement opportunities

· Children specific consultation exercises undertaken at the NBY Community Information Day and at Broome Primary School

High Level Feedback from Engagement

The Shire carried out an extensive stakeholder and community consultation event in March 2022. A high-level summary of the issues raised is identified below.

Subsequent to the engagement exercise, all efforts were made to ensure design changes addressed the issues raised. However, there were instances where design changes would

have unintended consequences on other aspects of the design. These were considered, but not progressed.

Theme	Issue	Design Response
Events	· Access for large trucks with infrastructure · Stage space needs a back-of-house area · Sufficient power for market stalls · Maintain sightlines · Opportunity for multiple stages · Consider the potential for a lawn area to the west of the promenade · Opportunity for futsal or five-a-side football (and other small-scale events) on the upper lawn area was suggested.	Sporting, marquees, stage back-of-house area, and truck access were considered and incorporated into the concept design stage. Sight lines were balanced with trees for shade provision. Areas for additional stages and power were incorporated. Level space on upper lawn has also been incorporated.
Movement	· Safety concerns over access realignment especially in front of Cable Beach Club · Concerns over camel, car, and pedestrian interaction · Concerns over anti-social behaviour on the beach access road · Distance from carpark to beach · Incorporation of bike racks · Opportunities to consider alternative camel access to south of Camp School · Access/ serviceability to Zanders · Concern over playground/fencing to road · Car parking for larger vehicles · Direct access to beach	The interface between the road and the Sunset Bar was modified to increase pedestrian safety. Traffic calming measures were also introduced. The opportunity to increase the buffer to the Sunset Bar was explored but was considered that this could have unintended consequences to the open-space amphitheatre area. The interface with Zanders was identified as a key design area, with a desire to relocate the existing gas bullet. The central area was made trafficable to ensure essential services could access Zanders on an infrequent basis. The playground introduced a vegetated bund to buffer from the access road. Routes to the beach from the carpark were carefully considered.
Youth	· The overarching issue was the importance of youth activities and need for more focus on older children.	Opportunities for handball, basketball, net-climbing structures, football were considered, with basketball and skating elements identified for the amphitheatre stage area. A designated youth space has now been incorporated into the design.
Ecology	· This focused in the impact on turtles and value of Monsoonal Vine Thicket	Construction considerations, sensitive lighting design, education through signage and interpretation key elements to incorporated into the detailed design phase. Design seeks to minimise impact on MVT north of Surf Club.
Interpretation/ Stories	· Conservation Estate/ Yawuru heritage · Dinosaur footprints · Cable Beach in the '70s · Pearling history · Six Yawuru seasons · Opportunity for cultural tourism · It should be uniquely Broome	Opportunities for interpretive artwork and signage were considered, and a draft art and interpretation location plan has been developed. The design uses landscaping and interpretation to reflect the character and stories of the site.
Comfort	· More shade and trees · Water play needs to be heavily shaded to · avoid issues currently experienced at Town Beach with water temperature.	More shade was provided to increase user comfort. In some locations, this was balanced against the function of the space. For example, in the amphitheatre, the provision of shade trees was balanced with the need to clear sight lines to the stage. User function also dictated where shade was provided in the central area, with increased trees and shade structures to cover the water play, whilst minimal ground cover
Commercial	· More work needed to understand demand · Some support for seasonal businesses in central area · Impact on existing businesses needs to be considered	The commercial spaces were originally identified in the 2017 master plan and supported the business case. Space has been allocated for commercial opportunities within the design but future land use opportunities will be informed by subsequent investigations.

Discussion: Coastal Protection

The coastal risks affecting the Cable Beach Foreshore and the broader Broome townsite were identified through a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) process, which was formally adopted by the Council in 2017. The CHRMAP concludes that a ‘Protect’ option should be adopted for the main tourist hub of Cable Beach.

Different coastal protection options were investigated throughout the design process, including sand nourishment, a buried rock revetment and geotextile sand containers (sandbags).

It became apparent early on that that coastal protection does not suit a ‘one size fits all’ approach and different protection strategies may be required to reflect Cable Beach’s dynamic coastal environment.

A specialist coastal consultant undertook a range of technical investigations to establish the most appropriate protection option. This included wave monitoring, geotechnical investigations, site visits, concept design development, and multiple meetings with Senior Yawuru People. The coastal consultant also presented to the Council and the Cable Beach Community Stakeholder Reference Group.

These investigations identified ‘sand nourishment’ as the preferred coastal protection approach for the dune system in front of Zanders and the Surf Club on the basis that it would result in a more natural coastal protection approach whilst also providing a reasonable risk profile.

One of the key factors underpinning the recommendation for sand nourishment is the additional geotechnical investigations that were undertaken as part of the detailed design process. This identified a greater extent of existing sandstone rock underneath the dune system, thus providing greater natural protection to the toe of the foredune.

In the northern section of the foreshore, where the beach access and drainage outlet are located, the investigations found that the most suitable protection would be an exposed rock revetment.

Key factors that influenced this recommendation included data obtained through wave modelling that identified localised wave run-up in the northern amphitheatre section, and the presence of existing coastal protection structures (gabions) and the need to provide and protect beach access and drainage structures.

The coastal design response was workshopped on a number of occasions and received conditional support from the Yawuru PBC in order to protect culturally sensitive areas.

At the Ordinary Meeting of Council on 24 February 2022, Council endorsed Officer’s recommendation for the coastal protection options, which have subsequently been progressed through to detailed design.

Discussion: Activities for Older Youth

At the time of engagement, the 50% concept design included skating elements and a basketball court in the amphitheatre area. The inclusion of these elements was broadly supported during the stakeholder and community engagement exercises with feedback requesting the need for provision of more youth space for older children. As a result, and in response to the community feedback, both skating and basketball were identified as key youth activities to be considered and incorporated into the next phase of the detailed design process.

In addition to the broad support during the community and stakeholder engagement sessions, the opportunity for youth and skate elements was also requested through a Council resolution at the Ordinary Meeting of Council on 31 March 2022. This was in response to a motion moved by an elector and passed at the Annual Elector’s meeting in February 2022.

ELECTOR MOTION 3: CHRIS MALONE

ELECTOR MOTION 3: Minute No. /0222/005

Moved: Chris Malone Seconded: Julia Taylor

That the Shire investigate and consider including a skate park in the planning and final design for the Cable Beach foreshore redevelopment.

CARRIED

As the design progressed into the next stage of detailed design, further investigations into the feasibility of skate/ basketball in the main Amphitheatre stage found that these uses were inappropriate in this location due to the incompatibility with the events space, proximity of the rock revetment, sloping gradients, and proximity to vehicle access. Consequently, a youth space was investigated to the east of the Surf Club, which includes the basketball and skate elements that were previously earmarked for the Amphitheatre stage. These designs were workshopped with the Youth Advisory Council who were supportive of these youth elements.

It is considered that these elements will not only provide opportunities for young people, but also help activate an area of the foreshore reserve that is currently under-utilised.

The consultant team have also developed an Art and Interpretation Plan and have aspirations for a significant youth artwork in this area. The rear of the Surf Club is currently an unattractive space and the project team have been focused on realising the opportunity to create an improved sense of arrival to the precinct.

It should be noted that the area available for development of public spaces within the foreshore reserve is challenged. The Coastal Protection option that has been endorsed by Council will create a coastal protection buffer, which will reduce the useable space along the foreshore. There has therefore been a strong emphasis on increasing and enhancing community space through the design process by removal of the drainage sump and filling in the swale adjacent to the surf club and transforming the underutilised land east of the surf club.

Discussion: Aboriginal Engagement

As the Native Title Holders of Broome, the Yawuru People are considered to be more than just stakeholders and have been engaged throughout the design process. This has involved multiple design meetings with Senior Yawuru People, presentations to the Nyamba Buru Yawuru (NBY) and Yawuru Prescribed Body Corporate (PBC), and the Yawuru Park Council Working Group. NBY officers have also participated in the Shire's Technical Advisory Group, which has provided technical and other input into the design process. A community picnic was held on June 27, 2022, to seek Yawuru community feedback on the design.

NBY facilitated a cultural heritage survey in December 2021. This considered the implications of the 2017 master plan on cultural heritage and provided design and cultural heritage recommendations for the design development. The survey provided the platform for on-site meetings between the project team and Senior Yawuru People to address key design considerations such as culturally sensitive sites, coastal protection, vegetation and access arrangements.

The Shire has also met with Goolarabooloo Millibinyarri Indigenous Corporation and have been working with representatives to ensure impact on heritage sites are minimised.

Next Steps

With the finalisation of detailed design, the design will be packaged up into tender documentation. This will be staged as to minimise the impact on beach users, whilst maintaining the Shire’s commitment to its funding obligations.

CONSULTATION

Extensive community consultation has been undertaken in previous stages of the Cable Beach project including:

· Cable Beach Development Strategy (2016)

· Cable Beach Master Plan (2017-18)

· Cable Beach Business Case (2019-20)

Community engagement as part of the detailed design phase has been undertaken in accordance with the adopted Community Engagement Plan as summarised in this report. A copy of the Community Engagement Evaluation Report in included as Attachment No.1.

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

3.4.6 Community Engagement Framework

FINANCIAL IMPLICATIONS

Nil.

RISK

Community and stakeholder engagement undertaken as part of the detailed design is considered to have reduced the reputational risk, as the project team were better able to understand key issues and respond accordingly through the design phase.

STRATEGIC ASPIRATIONS

Prosperity - Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome 10 - Appropriate infrastructure to support sustainable, economic growth

Objective 10.1 Invest strategically in property to stimulate economic growth.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/002

Moved: Cr P Taylor Seconded: Cr C Mitchell

That Council notes the Community Engagement Evaluation Report for the Cable Beach Foreshore Redevelopment project as attached.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Cable Beach Foreshore Redevelopment Community Engagement Evaluation Report

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

The director development services advised that there was a typographical error in the ‘Modified Draft Local Planning Policy - Design Review Panel’ attachment. This has been amended administratively.

9.2.2 PROPOSED ADOPTION OF DRAFT LOCAL PLANNING POLICY - DESIGN REVIEW PANEL

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA22

AUTHOR: Acting Manager Planning & Building Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

At the Ordinary Meeting of Council held on 29 September 2022, Council resolved to prepare Local Planning Policy – Design Review Panel (draft LPP) for public comment for a minimum of 21 days.

The draft LPP was prepared in response to the Department of Planning, Lands and Heritage and the Office of the Government Architect having recently reviewed its Design of the Built Environment policy framework through the DesignWA process. Through this process, the Western Australian Planning Commission adopted the Design Review Guide and State Planning Policy 7.0 – Design of the Built Environment (SPP7.0) (Attachments 2 and 3 respectively). The Design Review Guide recommends local governments establish a Design Review Panel (DRP).

The formal advertising period for the draft LPP commenced on 11 November 2022 and closed on 2 December 2022. This report presents the submissions received on the draft LPP. It is recommended that Council adopts the draft LPP, with minor modification as outlined in the Schedule of Submissions in accordance with Clause 4 of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

BACKGROUND

Previous Considerations

OMC 29 September 2022 Item 9.2.1

Background

DesignWA is a State Government initiative to ensure good design is at the centre of all development in Western Australia. It is made up of a suite of policies that aims to create built environments that reflect the distinctive characteristics of local areas. The foundation of the DesignWA suite of policies is State Planning Policy 7.0 – Design of the Built Environment (SPP7.0) (https://www.wa.gov.au/government/publications/state-planning-policy-70-design-of-the-built-environment), which became operational following its gazettal in May 2019. As part of the introduction of SPP7.0, the Design Review Guide (https://www.wa.gov.au/government/document-collections/design-review-guide) was released. SPP7.0 and the Design Review Guide provide the strategic planning framework to assist local governments with the establishment and operation of Design Review Panels (DRP) through their local planning frameworks.

Design review is the process of independently evaluating the design quality of proposals that affect the built form of an area which incorporates elements such as building envelopes, setbacks and landscaping. It is carried out by a panel of appropriately trained, multi-disciplinary built environment professionals, who are experienced in offering objective and constructive design advice. Design review provides independent expert advice and informed assessment of proposals, guided by a set of 10 design principles as outlined within SPP7.0. It offers feedback and observations that will lead to the improvement of proposals but does not redesign them.

With a recent uplift in pre-application queries relating to development proposals of strategic importance and the commencement of the Cable Beach and Chinatown/Old Broome Precinct Structure Plans, there is an opportunity for Officers to facilitate the improvement of built form outcomes within the Shire.

COMMENT

Submissions Received

The formal advertising period commenced on 11 November 2022 and closed on 2 December 2022. At the close of the public comment period, one submission was received. A detailed summary of the submission and officers response can be found within Attachment 1. The submission did not support or object to the preparation of the policy but recommended several modifications to be made.

On review of the submission, only minor amendments to the draft LPP are recommended by Officers. The content and overall intent and objectives will remain largely consistent with the draft LPP that was publicly advertised.

CONSULTATION

Under the Planning and Development (Local Planning Schemes) Regulations 2015, upon resolution to prepare a Local Planning Policy, the local government must publish a notice and provide a 21-day period for making submissions.

A notice was published in the Broome Advertiser and the draft LPP was published to the Shire’s website from 11 November 2022 to 2 December 2022. The notice included information on where to find the draft LPP and how to make a formal submission.

STATUTORY ENVIRONMENT

Clause 4 of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) details the procedure for making local planning policy. On the expiry of the advertising period for public submissions, the Shire must now review the proposed policy in the light of any submissions made and resolve to:

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

Officers recommend that Council proceed with the policy with modification as discussed above and contained within Attachment 2. If the Council support this resolution, the Regulations require the Shire to publish a notice of the policy in a newspaper circulating in the Scheme area.

POLICY IMPLICATIONS

Adoption of a new Local Planning Policy.

FINANCIAL IMPLICATIONS

As discussed above, the fee to refer proposals to a DRP meeting will be borne by the Shire. Notwithstanding this, Major developments would incur a higher application fee which is expected to cover the costs associated with an officer’s assessment, including referral to the DRP.

Additionally, savings, both financially and in processing times, in the formal assessment process may be achieved by a robust Design Review process.

RISK

The process of design review is now standard practice amongst most Local Government Authorities within Western Australia. If Council resolved to not adopt the draft LPP, the Shire is exposing itself to reputational risk by falling behind other Local Government Authorities which are implementing processes in accordance with LPP7.0 and the Guide.

STRATEGIC ASPIRATIONS

Place - We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Outcome 6 - Responsible growth and development with respect for Broome’s natural and built heritage

Objective 6.3 Create attractive, sustainable streetscapes and green spaces.

Objective 6.1 Promote sensible and sustainable growth and development.

People - We will continue to enjoy Broome-time, our special way of life. It's bursting with energy, inclusive, safe and healthy, for everyone

Outcome 1 - A Safe Community

Objective 1.2 Modify the physical environment to improve communitiy safety.

Outcome 2 - Everyone has a place to call home

Objective 2.1 Promote access to safe, affordable accommodation to meet all needs, including itinerants, homeless people, those at risk, youth and the elderly.

Prosperity - Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome 9 - A strong, diverse and inclusive economy where all can participate

Objective 9.2 Activate the precincts of Broome.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/003

Moved: Cr N Wevers Seconded: Cr P Taylor

That Council:

1. Pursuant to Clause 4 (1) of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 resolves to adopt Local Planning Policy – Design Review Panel; and

2. Requests the Chief Executive Officer to publish a notice of the policy in a newspaper circulating in the Scheme area in accordance with Clause 4 (4) of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Schedule of Submissions
2.	Modified Draft Local Planning Policy - Design Review Panel
3.	Advertised Draft Local Planning Policy - Design Review Panel

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.3 Prosperity

9.3.1 PROPOSED AMALGAMATION OF EDF & ACMF FUND REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS13

AUTHOR: Economic Development Coordinator

CONTRIBUTOR/S: Place Activation and Engagement Coordinator

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents a review of both the Events Development Fund (EDF) and the Annual Community Matched Funding Sponsorship (ACMF). Council is requested to approve the amalgamation of EDF and ACMF into one fund (Community Development Fund) and to call for applications for the 2023/24 financial year.

BACKGROUND

Previous Considerations

‘Identifying opportunities for events in Broome’ (Metrix 2017) report.

OMC 14 December 2017 Item 9.33

OMC 26 April 2018 Item 9.28

OMC 31 May 2018 Notice of Motion

OMC 30 April 2020 Item 9.3.1

SMC 13 August 2020 Item 6.1.1

SMC 2 July 2020 Item 6.1.1

OMC 27 May 2021 Item 9.3.2

SMC 21 December 2021 Item 5.3.1

The Economic Development Fund (EDF) replaced the Economic, Events & Tourism Development Fund (EETDF) at the Ordinary Meeting of Council (OMC) held 21 December 2021.

The Annual Community Matched Funding Sponsorship (ACMF) program guidelines were reviewed at the Special Meeting of Council 28 October 2021. The purpose of this fund is to assist community-based organisations within the shire to deliver projects and initiatives that benefit the local community.

COMMENT

The Shire currently delivers the Events Development Fund (EDF) and the Annual Community Matched Funding Sponsorship (ACMF) programs. Through streamlining and amalgamating them into one fund, the Shire can achieve efficiencies, improve accessibility and maximise the benefit of ratespayers’ contributions. With Council’s support the proposed fund could be named the Community Development Fund (CDF). It is proposed that the $265,000 and $100,000 budget allocations from the EDF and ACMF funds would then combine to make a $365,000 fund.

The proposed combined fund will:

· Clarify and modernise the Shire’s intention for funding projects and events, improving the social return on investment by aligning funding to Shire priorities;

· Improve the accessibility and transparency of the programs for applicants, and diversify the pool of applicants;

· Improve the decision-making process and transparency of decisions for Council;

· Streamline administrative processes for officers, achieving efficiencies and workforce savings;

· Simplify the application and acquittal process.

Amalgamated Fund structure

It is being recommended that the proposed amalgamated Fund will have three streams:

1. Community projects and initiatives seeking a funding contribution of $500 - $10,000

2. Events seeking a funding contribution of $1,000 - $40,000

3. PEARL events seeking a funding contribution of more than $40,000 per year (invite only).

The proposed Guidelines for Streams 1, 2 and 3 are Attached for Council’s review.

These limits and classifications are in line with the current ACMF and EDF arrangements. For example, the cap of $10,000 for a community project remains in place. A cap on $40,000 for events that do not achieve the three PEARL objectives would also remain in place.

Within each stream, applications will also be classified into different categories of projects or event. This will enable streamlined assessment and be used as a balancing criterion to ensure fair spread across types of projects:

· Community

· Arts

· Sport

· Youth development

· Economic Impact

· Other (specify)

The fund will enable the Shire to prioritise projects/events that address current needs as detailed in the Strategic Community Plan and informed by the Shire’s Community Scorecard 2022. Applicants will need to justify how they address one or more of the priorities. This model enables the Shire to change priorities from year to year as required. The strategic priorities for 2023 – 2024 are proposed to be:

· Children and Young People

· Community Safety

· Social Impact

· Economic Impact

These priorities are directly linked to the Corporate Business Plan and informing strategies and are further explained in the guidelines (attached).

For 2023, it is proposed that there will be one call for funding, with applications for Streams 1 and 2 (up to $40,000) open 1 January, closing at 4.00pm Monday 20 March. Applications will be assessed following the closing date and all applicants will be notified of the outcome after the OMC in April.

In 2023 only, the Shinju Application (Stream 3 – PEARL Events) will open January 1 and close on February 28 as per the previous EDF round and go to March OMC for decision.

In 2024, the call for applications will be January 1 and theclosing date will be end of February and all applications will be assessed together at the March OMC.

The reason that Stream 3 is closing earlier in 2023 is twofold:

1. There is huge benefit to all streams closing at one time, however in the first year, the bringing forward of the deadline may prove difficult for smaller community groups who were not aware of this change. Keeping Streams 1 and 2 open for a few weeks into March will help this transition and get applicants ready for an end-of-February closing date in 2024.

2. Shinju Matsuri needs the outcome to be decided at the March Ordinary Meeting of Council due to Shinju working towards purchasing assets and equipment to build future financial sustainability (for example in 2022 it bought sea containers) and it requires the time to organise and arrange shipping.

This staged approach to implementing the recommended changes will mitigate any detriment to community organisations who may be impacted by the bringing forward of the closing date from the current ACMF closing date (March each year). In 2024 it will revert to a shared closing date of 28 February.

Rationale

The amalgamation will:

· Highlight the Shire’s intention to align funding with Shire priorities:

o Enable the Shire to support community initiatives that help meet community need;

o Improve understanding of the community- and economic-impact of funded events and support clarity of communications.

· Improve the accessibility and transparency for applicants:

o Diversify the pool of applicants, improving representation amongst funded projects from Aboriginal, Culturally and Linguistically Diverse (CALD) and disabled-led organisations;

o Focus on distributing grants rather than sponsorship. Funds will be awarded according to a set of agreed parameters, deliverables and expected outcomes;

o Clarify the Shire’s position on in-kind funding;

o Move the PEARL event criteria into a separate stream, removing unnecessary layers of complexity that are not relevant to most applicants;

o Clarify conflicting statements or intentions within guidelines;

o Clarify and modernise the Shire’s expectations of financial sustainability for events.

· Improve the decision-making process and transparency:

o Mitigate the reputational risk caused by unclear guidelines, for example the Shire’s position has changed over time on its policies on in-kind support;

o Allow for expertise across departments to feed into the application review process, for example, officers that are directly involved with sports and youth will evaluate proposals that engage their respective sector of expertise;

o Enable earlier Council-involvement in the funding of events. Currently, a Councillor working group assesses the ACMF applications and makes recommendations. For EDF, an officer makes recommendations which are presented to Council via a workshop and OMC.

o Improve the assessment process for both funds, modernising assessment and scoring frameworks, achieving efficiencies and prioritising a balance between types of funded projects.

· Streamline administrative and decision processes:

o Halve the work put in by marketing, communications and support officers;

o Streamline the review process for executive and Council decision-making.

Fund income sources

The current funding sources of the ACMF (MUNI and EDL – see ‘Financial Implications’) will be distributed to successful applicants in Stream 1. Streams 2 and 3 will be funded through the Tourism Administration Policy (TAP), which is funded by differential rates, ensuring that TAP funding is spent on events that support TAP priorities.

Timeline

November 2022	Council Workshop
December 2022	OMC to approve recommended approach
December 2022 / January 2023	Finalisation of documents, development of communications and engagement strategy
Late January 2023	Open calls for applications
February – March 2023	Community workshops, engagement and communications
20 March 2023	Applications close for Streams 1 and 2. Internal working group and Assessment Group meets.
Ordinary Meeting of Council April 2023	Provide recommended Stream 1 and 2 projects to Council for inclusion in the 2023/24 budget.

Further Background

For Council to consider the implications to EDF on amalgamating the fund, data on applications and allocations has been provided below. All EDF applications received since 2018 have been categorised into the proposed classification streams in Table 1.

Table 1

Chart, bar chart

Description automatically generated

‘No longer supported’ are projects that were previously eligible under the Economic, Events & Tourism Development Fund (EETDF) (removed in November 2021). Events that are considered as having primarily an ‘economic impact’ are events that are higher profile or higher risk due to their complexity and the level of funding allocated, multi-year, and/or that are intended to be drawcard events that experience growth each year and inject new money into the economy. These include Shinju Matsuri and Rhythm + Ride, and applications and acquittals will continue to be reviewed by the Economic Development Coordinator under the proposed CDF.

Table 1 shows that the majority of applications to the EDF have a sport, arts and community focus. Table 2, which categories projects by their value, reveals that the vast majority of allocations from EDF were less than $5,000. These tables demonstrate the considerable overlap between the EDF and the ACMF and supports the rationale for amalgamating.

Table 2

Chart, bar chart

Description automatically generated

In comparison, Table 3 shows that the majority of funded ACMF projects 2018 – 2022 were across the Community, Sport and Arts categories. Half of these were events (e.g. sport event, arts event) which also supports the amalgamation.

Table 3

Chart, bar chart

Description automatically generated

CONSULTATION

· Shinju Matsuri (event coordinator)

· Informal feedback from Community Groups and Event Organisers throughout 2022

· EDL West Kimberley Community Fund

· Council Workshop 29 November 2022.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.2. Local government to prepare annual budget

POLICY IMPLICATIONS

Applications to be assessed under new guidelines.

FINANCIAL IMPLICATIONS

ACMF has two funding sources, one of which has immovable criteria as it is funded by an outside organisation Energy Developments Limited (EDL). The EDL Memorandum of Understanding (MOU) “EDL West Kimberley Community Donation” was signed in 2011, the memorandum of agreement expires in 2026 and there is $60,000 left in the account. Only applications that meet EDL MOU commitments will be funded by EDL funding. For example, only not-for-profit organisations will receive EDL funding.

There is nothing in the MOU precluding the Shire from amalgamating the fund as proposed. However, upon Council’s acceptance of this proposed amalgamation, EDL will be notified of the changes. They have been assured that their contribution is not going towards for-profit or private events. All projects supported by EDL’s funding will continue to meet EDL’s objectives of supporting ‘not-for-profit projects or initiatives that benefit community’.

Currently, the annual EDF allocation is $265,000 (this is subject to Council decision each year), This amount will be disseminated across Streams 2 and 3 is being proposed to remain the same as in previous years; $265,000.

RISK

Reputational Risk –

Organisations that typically apply to the ACMF may criticise the Shire if they have missed the earlier deadline or felt hurried in the application process due to the slightly earlier deadline. EDF applicants may be critical that the slightly later deadline impacts their ability to plan.

Mitigating action

The risk to small organisations for the earlier ACMF deadline will be mitigated through community communications and engagement. The Shire also has other ad hoc community grants that are available throughout the year and these will continue separately from the new proposed fund.

The risk to EDF applicants by the later deadline is that they will not have enough time to plan and purchase equipment and goods, book talent, etc. This will be mitigated by:

· The Shinju Application (Stream 3 – PEARL Events) will close on February 28 as per the previous EDF round and go to March OMC for decision. The meeting can be considered as advantageous as it provides Council the focused time to review a three-year agreement.

· Several EDF applicants are already in multiyear agreements so the later deadline makes no difference (Broome Pride, Saltwater Country and NAIDOC)

Financial Risk –

There may be some risk to the flexibility and liquidity of the fund if there is in an increase in the allocation of multi-year funding, particularly in the ACMF. The risk is that in future years the amount of money left to be allocated becomes too low and Council’s ability to support new events becomes limited.

Mitigating action

Officers administering the fund will consider the full longer-term impact and benefit of supporting multi year as part of their review and recommendation process. Officers can also recommend two-year funding (rather than three) to stagger the timeline. Council will also be part of the decision-making process.

STRATEGIC ASPIRATIONS

Prosperity - Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome 9 - A strong, diverse and inclusive economy where all can participate

Objective 9.1 Increase Broome’s domestic and international trade in tourism, agriculture, aquaculture, minerals and energy, culture and the arts, and other emerging industries.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Agrees to amalgamate the Events Development Fund and the Annual Community Matched Fund.

2. Adopts the attached Guidelines for the new Community Development Fund.

3. Requests the Chief Executive Officer to seek applications for the Community Development Fund for the 2023/24 financial year, with a report to be presented to the March and April 2023 Ordinary Meeting of Councils, to allocate funding.

Cr Wevers moved an amendment to the Officer Recommendation:

Council Resolution:

Minute No. C/1222/004

Moved: Cr N Wevers Seconded: Cr P Taylor

That Council:

1. Agrees to amalgamate the Events Development Fund and the Annual Community Matched Fund.

2. Adopts the attached Guidelines for the new Community Development Fund subject to deletion of the reference to ‘Supporting Aboriginal people and women to realise their economic aspirations’ in each of the three streams and reverting to an acknowledgement of the previous two criteria from the EDL Funding Guidelines.

CARRIED UNANIMOUSLY 7/0

Reason: Cr Wevers feels that the reference mentioned is discriminatory and excludes people. The Shire also received the EDL money in a lump sum a long time ago and society has changed since then. Women also make up more than 50% of the population.

Attachments

1.	Stream 1 CDF Guidelines
2.	Stream 2 CDF Guidelines
3.	Stream 3 CDF Guidelines

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.4 Performance

9.4.1 WARDS AND REPRESENTATION REVIEW 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOB03

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Senior Governance & Administration Officer

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

For Council to consider the feedback received from the Ward and Representation Review public consultation period and to determine the future of wards and the level of representation for the Shire of Broome.

BACKGROUND

Previous Considerations

OMC 28 July 2016 Item 9.4.4

OMC 24 November 2016 Item 9.4.3

SMC 6 October 2020 Item 6.4.1

OMC 10 December 2020 Item 9.4.3

OMC 29 September 2022 Item 9.4.1

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.

Ward Reviews were carried out in 2016 and 2020, where Council resolved to maintain the existing ward structure and the number of Elected Members.

Following the 2020 Ward Review the Local Government Advisory Board (LGAB) requested that the Shire conduct a further Ward Review prior to the October 2023 ordinary local government elections, due to the ratio of councillors to electors significantly exceeding the desired +/- 10% deviation. The Councillor to Elector Ratio is detailed below:

Shire of Broome Councillor to Elector Ratio 2017 - 2021
Election Year	Broome Ward				Dampier Ward
Election Year	No. Electors	No. Councillors	Councillor: Elector Ratio	% Ratio Deviation	No. Electors	No. Councillors	Councillor: Elector Ratio	% Ratio Deviation
2021	7,073	7	1:1010	-11%	1,117	2	1:558	+39%
2019	7,191	7	1:1027	-10%	1,189	2	1:594	+36%
2017	7,401	7	1:1057	-10%	1,270	2	1:635	+34%

As it currently stands, the Dampier Ward is substantially overrepresented compared to the Broome Ward which is consequently underrepresented. To address this, the LGAB expects Council to adjust ward boundaries, amend representation levels in the wards or disband the ward structure.

On 20 September 2022 and just prior to the Shire commencing the LGAB directed ward review the Local Government Minister, John Carey (Minister) made several reform announcements that directly impacted the approach to the ward review and the options available.

No Wards for Small Councils

The Minister announced that he intends to abolish wards for small councils (Band 3 and 4) prior to the October 2023 ordinary local government elections. The Shire of Broome is a Band 2 Council. This enables Council to retain a ward structure however Band 1 and 2 Councils have been encouraged to review their need.

The rationale provided for the decision to abolish wards in smaller councils was:

· Wards increase the complexity and cost of elections;

· In smaller local governments, the population of wards can be very small;

· These wards often have councillors elected unopposed or elect a councillor with a very small number of votes. Some local governments have ward councillors elected with less than 50 votes;

· Elected members are elected to represent all electors, ratepayers and residents;

· There is no requirement to reside or own property in the specific ward; and

· There has been a trend in local governments to reduce the use of wards.

Currently 70% of Councils in Western Australia operate with no wards and this will increase to over 80% when the above legislation comes into effect.

The Shire of Broome elector participation by ward over the last decade is provided below. This shows a relatively steady participation rate in the Broome Ward and a declining level of engagement in the Dampier Ward. There is also a large variance between the number of votes required to be elected in each ward which aligns with the rationale provided by the Minister above.

	Shire of Broome Elector Participation by Ward 2009 - 2021
Election	Broome Ward			Dampier Ward
Election	Votes Cast	Turnout Rate	Minimum Votes to be elected	Votes Cast	Turnout Rate	Minimum Votes to be elected
2021	2,157	30.57%	999	167	15.04%	109
2019	1,954	27.28%	776	Elected unopposed
2017	1,809	24.48%	784	Elected unopposed
2015	1,853	26.29%	1,048	293	21.62%	125
2013	2,490	34.44%	1,382	689	27.38%	216
2011	2,601	40.64%	1,246	326	24.92%	123
2009	2,099	33.44%	821	286	22.17%	155

Public Vote to Elect the Mayor or Shire President

The Minister also announced that he intends to legislate to require a public vote to elect the Mayor or Shire President in Band 1 and 2 local governments at the October 2023 ordinary local government elections.

The transition to a popularly elected Shire President will apply to the Shire of Broome as currently the Shire President is elected from within Council following each ordinary election. This adds further complexity to addressing the Councillor to Elector ratio imbalance under the current ward structure.

Should Council choose to maintain a ward structure the position of Shire President cannot be aligned to a ward as they will be elected by the entire electors of the district. This forces a change to the current ward representation as the number of ward councillors will reduce from 9 to 8.

If the Broome Ward is reduced from 7 to 6 Councillors, the Councillor to Elector Ratio in the Dampier Ward will deteriorate further (-45%) and the Broome Ward (+15%). If the Dampier Ward is reduced from 2 to 1 Councillor, the Councillor to Elector Ratio will fall within the LGAB’s desired target range of +/- 10% for both Wards.

This is outlined in the table below based on 2021 electoral roll details with the first row showing the impact of the Broome Ward being reduced to 6 Councillors and the second row the Dampier Ward to 1 Councillor.

Ward

Reduced

No. Electors

No. Councillors

Councillor:

Elector Ratio

Ratio Deviation

No. Electors

No. Councillors

Councillor:

Elector Ratio

Ratio Deviation

Broome

7,073

6 (-1)

1:1178

+15%

1,117

1:558

-45%

Dampier

7,073

1:1010

-1%

1,117

1 (-1)

1:1117

+9%

Election Transition Pathway

The Minister provided Council with a “voluntary” pathway to electing the Shire President by public vote or a reform election pathway.

Under the “voluntary” pathway the Shire was encouraged to use existing provisions within the Act to change the method of electing the Shire President to a vote of electors of the district, and then complete a Ward and Representation Review.

If the “voluntary” pathway was opposed by Council, the reform pathway would involve legislation to effectively force the change to publicly elect the Shire President and result in all current Councillor positions being declared vacant, and all wards abolished. Essentially a complete spill of positions.

The Minister requested that Council consider both pathways and provide him with Councils intended election transition approach by 28 October 2022. This was considered by Council at the Ordinary Meeting of Council held on 29 September 2022 where the following resolution was passed by Council (as per the officer’s recommendation with the addition of point 3).

Council Resolution:

(Recommendation) Minute No. C/0922/114

Moved: Cr N Wevers Seconded: Cr B Rudeforth

That Council:

1. In accordance with Section 2.11(2) of the Local Government Act 1995, resolve to change the method of filling the office of Shire President from election by council method to the election by electors method;

2. Request the Chief Executive Officer to advise the Department of Local Government, Sport and Cultural Industries that the Shire of Broome will undertake the voluntary pathway to complete the required electoral reforms prior to the October 2023 ordinary local government elections;

3. Writes to the Minister for Local Government expressing our disappointment in the consultation process and justification for the changes required and expressly noting that Councils under Ministerial scrutiny over the last decade have had popularly elected presidents.

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

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

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

(a) Public Notice in the Broome Advertiser;

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

(c) Promotion on local radio;

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

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

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

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Reason: To express to the Minister for Local Government, the Council’s disappointment in the consultation process and reasoning behind a move to publicly electing the Shire President.

COMMENT

The above resolution met the legislative requirement for the voluntary pathway to change the method of filling the office of Shire President and commence a ward and representation review. The endorsed discussion paper was released and public submissions invited for a 6-week period closing on 25 November 2022.

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

Option 1 – Status Quo (Contrary to Ministerial Direction)

Maintaining the current ward system, ward boundaries, and the current number of Councillors, is not possible following Councils decision to voluntarily move to elect the Shire President by public vote.

Option 2 – Retain current ward boundaries

Shire President 1 public vote by whole district

Broome Ward 7 Councillors (no change)

Dampier Ward 1 Councillor (reduced by 1)

Total Councillors 9 Councillors (no change)

This achieves the recommended 10% variance in representation and facilitates the change in method of election of the Shire President.

WARD	Number of Councillors	Number of Electors	Councillor to Elector Ratio	% Ratio Deviation
Broome	7	7,073	1:1010	-1%
Dampier	1(-1)	1,117	1:1117	+9%
Total Ward Councillors	8(-1)	8,190	1:1023	N/A
Shire President	1	8,190	Elected by electors of the whole district.

Option 3 – Retain current ward boundaries

Shire President 1 public vote by whole district

Broome Ward 6 Councillors (reduced by 1)

Dampier Ward 2 Councillor (no change)

Total Councillors 9 Councillors (no change)

This does not achieve the recommended 10% variance in representation but facilitates the change in method of election of the Shire President.

If this was Council’s preferred option it would be contrary to the advice and direction received from the LGAB.

WARD	Number of Councillors	Number of Electors	Councillor to Elector Ratio	% Ratio Deviation
Broome	6 (-1)	7,073	1:1178	+15%
Dampier	2	1,117	1:558	-45%
Total Ward Councillors	8	8,190	1:1023	N/A
Shire President	1	8,190	Elected by electors of the whole district.

Option 4 – Amend Broome Ward Boundary to include Coconut Well, 12 Mile & Skuthorpe

Shire President 1 public vote by whole district

Broome Ward 7 Councillors (no change)

Dampier Ward 1 Councillor (reduced by 1)

Total Councillors 9 Councillors (no change)

This principally achieves the recommended 10% variance in representation and facilitates the change in method of election of the Shire President.

It also addresses the previous community of interest concerns raised by residents from Coconut Well, 12 Mile and Skuthorpe communities. Whilst the Dampier Ward would continue to be marginally overrepresented, the Federal Government has recently announced a campaign to increase electoral roll registration in the Dampier Peninsula which may lead to increased electors in the Dampier Ward.

WARD	Number of Councillors	Number of Electors	Councillor to Elector Ratio	% Ratio Deviation
Broome	7	7,315 (+242)	1:1045	+2%
Dampier	1 (-1)	875 (-242)	1:875	-14%
Total Ward Councillors	8	8,190	1:1023	N/A
Shire President	1	8,190	Elected by electors of the whole district.

Option 5 – Abolish Wards

Shire President 1 public vote by whole district

Councillors 8 public vote by whole district

Total Councillors 9 Councillors (no change)

This option involves the dissolution of all existing ward boundaries.

The Shire President would be elected for a four-year term commencing in October 2023. The 8 Councillor positions would similarly be elected for four-year terms with half of the Councillor positions being up for election every two years. Those Councillors not up for election in October 2023 would continue to serve the balance of their term but without an alignment to a ward.

The Councillor to Elector Ratio under a no ward system is 1:1023 across the entire district.

At the end of the public submission period involving direct email to over 3,500 ratepayers, advertising in the local newspaper, social media promotion and direct contact with the major aboriginal communities a total of 21 submissions were received via email, post and the online submission form. This was substantially down on the 59 submissions received in 2020 but an increase on the 6 submissions received in 2016.

The response rate is disappointing and would indicate a general lack of community interest in this subject. A summary of the response is provided below:

Option 1 – Status Quo (Contrary to Ministerial Direction)
Number of Submissions in Support	0
Option 2 – Retain current ward boundaries Shire President 1 public vote by whole district Broome Ward 7 Councillors (no change) Dampier Ward 1 Councillor (reduced by 1) Total Councillors 9 Councillors (no change)
Number of Submissions in Support	1
Option 3 – Retain current ward boundaries Shire President 1 public vote by whole district Broome Ward 6 Councillors (reduced by 1) Dampier Ward 2 Councillor (no change) Total Councillors 9 Councillors (no change)
Number of Submissions in Support	1
Option 4 –Amend Broome Ward Boundary to include Coconut Well, 12 Mile & Skuthorpe Shire President 1 public vote by whole district Broome Ward 7 Councillors (no change) Dampier Ward 1 Councillor (reduced by 1) Total Councillors 9 Councillors (no change)
Number of Submissions in Support	4
Option 5 – Abolish Wards Shire President 1 public vote by whole district Councillors 8 public vote by whole district Total Councillors 9 Councillors (no change)
Number of Submissions in Support	14
Summary of Comments
Djarindjin Aboriginal Corporation	Wards have no bearing on what Council does if Council treat the whole area under their control the same. This could be argued that its not however this is another conversation. One area makes more sense. Anyone in that area can sit for Council. All Councillors represent everyone. Council needs to do more around engaging with its constituents.
Richard Mayhew	I believe I should have a vote in electing all Council members and not just be limited to the election of two, which is what at the current ward system allows me.
Peter Hansen	Simple is better, however need to ensure the interests of ALL rate payers are considered in key stakeholder decisions.
Option 6 - Other
Number of Submissions in Support	1
Summary of Comments
Liz Manera	2 Wards – 8 Councillors Dampier Ward (Coconut Well and north including all the communities on the peninsula) – 2 Councillors Broome Ward (Broome town and suburbs including Roebuck and 12 Mile) – 6 Councillors Officers Comment This alternative ward boundary suggestion is similar to option 3 in that it would not achieve the recommended 10% variance in representation.

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. As discussed throughout this report, the ratio of Councillors to Electors is the prime consideration of this review and requires some level of change.

Summary

It is recommended that the Council move to abolish the ward system as outlined in Option 5. The majority of the responses received supported this position (67%).

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.

Options 2 and 4 whilst addressing the current imbalance in representation 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.

While no feedback was received through the submission period, Council has previously fielded concerns that a reduction in the number of representatives in the Dampier Ward, or the removal of the ward, would diminish aboriginal representation. Guaranteed aboriginal representation is not a function of the ward system and is not one of the considerations listed by the LGAB in reviewing ward representations.

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 as is the case with state and federal government.

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 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 table below by comparing the relative rates base of the Broome Ward and the Dampier Ward.

WARD	Rates $$	% of Rates	Elected Members	% Elected members
Broome	$23,945,000	98%	7	78%
Dampier	$ 1,011,000	2%	2	22%
Total	$24,506,000

Number of Elected Member positions

The Shire of Broome’s 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)

Local governments that have elected member representation more than the above have been advised by the Minister to voluntarily reduce elected member numbers over the course of the next two elections or reform electoral legislation will be enacted to achieve this result.

The annual budget for Councillor sitting fees and allowances is $260,000. In addition to this, mandatory training, travel and professional development expenses are incurred.

There were no submissions received recommending that the number of elected members reduce from the current 9 Councillors. This is an option available to Council.

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.

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 incurred through the gazettal process estimated at $1,000. This can 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 reputational risk to Council if this is not addressed and the possibility of the Local Government Advisory Board and Minister, requesting further ward and representation reviews if Council do not address.

The Minister has also made his intentions very clear that electoral reform will be enacted either voluntarily or through reform legislation.

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

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/006

Moved: Cr N Wevers Seconded: Cr B Rudeforth

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.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	2022 Ward and Representation Review Discussion Paper
2.	2022 Ward and Representation Review Summary of Submissions.

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.4.2 STRATEGIC COMMUNITY PLAN MINOR DESKTOP REVIEW AND CORPORATE BUSINESS PLAN ANNUAL UPDATE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM20

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire of Broome Strategic Community Plan (SCP) 2023-2033 and Corporate Business Plan (CBP) 2023-2027 are presented to Council for endorsement following a 2 year desktop review in accordance with the Department of Local Government Sport and Cultural Industries (DLGSC) best practice recommendations.

BACKGROUND

Previous Considerations

OMC 10 December 2020 Item 9.4.2

OMC 16 December 2021 Item 9.4.1

OMC 28 July 2022 Item 9.4.1

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 (SCP) and a Corporate Business Plan (CBP).

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. As part of this review consideration is given to the Long Term Financial Plan and Councils Informing Strategies.

2022 Community Scorecard

A Community Scorecard (Scorecard) was conducted in June 2022 to kick off the community engagement for the desktop review of the SCP and CBP. The 2022 Scorecard was sent to all of Broome’s ratepayers by email, with hard copy Scorecards delivered to all PO boxes via unaddressed mail. Additional hard copies were sent to the major Aboriginal communities and placed at key locations around town.

A total of 1,056 community members completed the Scorecard which was comparable to the 2020 Scorecard (1046 responses).

The Scorecard results were encouraging with noticeable improvement in many service areas, continuing the improvement seen in many areas from 2020.

The Scorecard indicated that the community views safety and security, housing, childcare, marine facilities, and youth services as the key current priorities. Pleasingly economic development concerns highlighted in the 2020 Scorecard were considered to have improved significantly and were no longer a core priority of respondents.

When asked to rate the Shire as a governing organisation, the Shire received an index score of 58, which is two points above the industry average.

The associated trend analysis shows that the Shire of Broome’s performance in this metric has improved by 13 points over the last two surveys undertaken.

Chart

Description automatically generated with medium confidence

Respondents also rated the Shire of Broome positively for its vision, with this metric improving by eight index points from the 2020 results and 11 per cent higher than the industry average.

The highest performing Shire areas according to the Broome community are:

· Library and information services

· Festivals, events, art and cultural activities

· Sport and recreation facilities.

The most improved Shire areas in comparison to the 2020 data according to the Broome community are:

· Local history and heritage

· Volunteer support and recognition

· Mosquito control

· Sport and recreation facilities.

In terms of priorities and areas of improvement for the Shire, the following themes emerged from the Scorecard results:

· Community safety and crime prevention

· Housing

· Marine facilities, including boat ramps

· Youth services and facilities

· Conservation and environmental management

· Lighting of streets and public places.

It should be noted that of the areas that the community feels can be improved in Broome, the main priorities are not directly within the Shire’s control – especially community safety and housing.

As such, continued advocacy work will need to occur to improve results in these metrics for the next Community Scorecard.

In terms of community support for major infrastructure projects, the upgrade of facilities at the Broome Recreation and Aquatic Centre topped respondents’ responses.

There was also community support for improvements to the Jetty-to-Jetty walk linking Chinatown to Town Beach, and the implementation of a safe swimming area at Town Beach.

Finally, the Shire of Broome has established itself as an industry leader in tourism attractions and marketing, with an index score of 64 the highest in the State.

Informing Strategies

A number of key informing strategies have been reviewed and updated since the 2020 full review of the SCP and CBP including:

- Asset Management Plan

- Sport and Recreation Plan

- Information Technology Strategic Plan

- Broome Recreation and Aquatic Centre Masterplan

- Broome Resilience and Recovery Plan

- Community Safety Plan

- Corporate Communication and Engagement Plan

- Waste Action Plan

- Youth Plan

The updated strategies have informed the 2022 review of the outcomes, objectives and actions contained within the SCP and CBP respectively.

COMMENT

In preparation for the 29 November 2022 Council workshop, Executive and staff undertook a review of the SCP Outcomes and Objectives, CBP Actions and associated capital and operating expenditure.

A workshop to review the SCP and CBP was held with Councillors and Executive Management on Tuesday 29 November 2022. Councillors Male, Mitchell, Taylor and Wevers were in attendance.

At the workshop Councillors were provided with presentations on the Asset Management Plan and Long Term Financial Plan and also undertook a review of the:

- SCP Outcomes and Objectives

- CBP Actions

- Long Term Financial Plan (LTFP, including Additional Operating Expenditure), and

- Current projects.

Taking on board results of the 2022 Scorecard and feedback received from Council, the following adjustments have been made to the format and content of the SCP and CBP.

Strategic Community Plan

There have been no changes to the Outcomes and Objectives contained in the SCP.

Council should note that while no substantive changes to outcomes and objectives are proposed, the content of the final published document will change to reflect updates to key components of the document. These changes include updates to:

- 2020 Scorecard results, which will be updated to reflect 2022 Scorecard results, including updates to associated priorities;

- Challenges, Current Services and Recent Achievements in each of the Shire’s core priority pillars, to reflect current operations and completed projects;

- Key statistics, to reflect current figures;

- Images, with more recent pictures illustrating key achievements and activities; and

- The “What we will do” section, with key commitments contained within the CBP.

Corporate Business Plan

The Actions contained within the CBP guide the organisation towards achieving the strategic Outcomes and Objectives listed within the SCP. Most changes to the CBP were minor in nature and involved minor changes to Action wording or the acknowledgment of Actions that had been completed in the prior year of the plan. The timing of some Actions has also been proposed to change with a number of ongoing or advocacy actions extended into the 2026-27 financial year.

Several new Actions have been included to address community priorities identified in the 2022 Scorecard such as housing and childcare. Additional actions have also been included following iterative updates of informing strategies undertaken in 2022-23.

Completed Actions 2022-23

The following Actions were identified as being complete, or due to be complete by the end of the 2022-23 financial year:

Action #	Action
1.4.3	Facilitate development of an Animal Management Plan that responds to the State Government's statutory review of the Cat Act 2011 and the Dog Amendment Act 2013 and addresses dog exercise areas, strays and feral animal management, off-leash pets, dog attacks, desexing and animal welfare.
3.2.3	Provide a new regional level skatepark at Broome Recreation and Aquatic Centre
3.2.6	Partner with Broome Surf Life Saving Club to provide a new Surf Life Saving Club building
3.2.14	Facilitate the development of a Public Open Space Strategy with ranked priorities in parks, playgrounds and reserves (to provide more shade, etc)
5.2.5	Facilitate a review of the Weed Management Strategy
6.1.3	Facilitate the McMahon Estate Development Business Case
6.2.3	Provide Streeters Jetty Renewal
6.3.1	Provide a review of the Shire verge management policy with consideration of Waterwise principles
7.1.3	Provide Stewart Street Stage 2 upgrade
7.1.5	Provide sealed parking at Broome Recreation and Aquatic Centre - adjacent to McMahon Oval
7.2.3	Provide Stage 2 of the Jetty to Jetty Trail - Conti Foreshore Shared Path
9.1.1	Partner with the community and key stakeholders to review the Broome Growth Plan
9.1.4	Partner with the Broome Chamber of Commerce & Industry (BCCI) and key stakeholders to develop an "Invest in Broome document”
10.1.3	Facilitate completion of a feasibility study for Sanctuary Road Caravan Park
12.1.1	Provide a Community Engagement Strategy that addresses ways to improve communication and consultation
13.2.1	Provide a framework for assessing and reporting on value for money
14.1.2	Provide a Digital Strategy with consideration for ICT needs and Smart Communities initiatives

Changed Actions

The following Actions have been adjusted (note that in some cases it has been proposed to move actions beyond the 4 year timeframe of the CBP):

Action #	Action	Rationale	Original Year	Proposed Year
2.1.1	Advocate the State Government to develop a homelessness and itinerant strategy for Broome ~~Advocate~~ ~~for urgent support to address homelessness and the needs of itinerants.~~	Amended action to be more targeted advocacy in response to heightened community concern in this area.	Ongoing	Ongoing
3.1.4	Provide a Local Public Health Plan	Priority of project adjusted due to resource constraints	2022-23	2023-24
3.2.2	Facilitate a review of the Sport and Recreation Plan and the Broome Recreation and Aquatic Centre Masterplan	Align with 5 year span of informing strategy documents	2025-26	2026-27
3.2.5	Provide additional sports storage capacity at Broome Recreation and Aquatic Centre (Field Sports)	Sport and Recreation projects adjusted in line with Sport and Recreation Plan priorities and Scorecard feedback	2023-24	2025-26
3.2.7	Provide a shaded and gated playground for 0-5 year olds at Broome Recreation and Aquatic Centre	Sport and Recreation projects adjusted in line with Sport and Recreation Plan priorities	2023-24	2028-29
3.2.8	Provide a gym and fitness facility at Broome Recreation and Aquatic Centre.	Sport and Recreation projects adjusted in line with Sport and Recreation Plan priorities and Scorecard feedback	2023-24	2025-26
3.2.9	Provide a Pavilion between Nipper Roe & Father McMahon Ovals at Broome Recreation and Aquatic Centre	Sport and Recreation projects adjusted in line with Sport and Recreation Plan priorities and Scorecard feedback	2024-25	2027-28
3.2.10	Provide additional recreational activities at the Broome Recreation and Aquatic Centre youth precinct e.g. street sports courts, greenspace and amenities	Sport and Recreation projects adjusted in line with Sport and Recreation Plan priorities and Scorecard feedback Cable Beach project delivering youth focused amenities	2024-25	2027-28
3.2.11	Provide a lighting upgrade at Haynes Oval	Priority of Sport and Recreation projects adjusted due to financial and resource constraints	2023-24	2027-28
4.1.2	Facilitate the development of an Alternate Library Site Business Case	Priority of project adjusted due to Scorecard feedback, financial and resource constraints	2023-24	2024-25
4.1.5	Partner with Nyamba Buru Yawuru to develop a Repatriation Area within the Broome Cemetery	Timing of project adjusted due to resource constraints	2022-23	2023-24
4.2.6	Fund a feasibility study and masterplan to upgrade and redevelop the Broome Museum and adjacent lands	Priority of project adjusted due to concerns relating to development of a heritage building	2022-23	2023-24
5.3.4	Partner with the Water Corporation to transition to fit for purpose non-potable water supply on parks and reserves	Extended a year to ensure completion in line with WaterCorp construction timelines	2022-23	2023-24
5.3.6	Provide a Resource Recovery Facility	Priority of project adjusted due to increased life of Buckleys Road Waste Facility	2023-24 2024-25	2024-25 2025-26
6.2.2	Facilitate implementation of the Cemetery Master Plan	Extended across all years to reflect ongoing nature of works	2023-24	Ongoing
7.1.2	Provide Hamersley Street upgrade	Deferred to allow the precinct planning currently underway to inform.	2023-24 2024-25	2025-26 2026-27
7.1.4	Provide Old Broome Rd Upgrades	Priority of project adjusted due to financial and resource constraints	2025-26	2027-28
7.1.6	Provide sealed parking at Broome Recreation and Aquatic Centre – South of Medlend Pavilion	Priority of project adjusted due to financial and resource constraints	2022-23	2025-26
7.2.4	Advocate for funding to complete additional Stages of the Jetty to Jetty trail from Matso's to Streeters Jetty	Advocacy will be ongoing until funding received High ranking through Community Scorecard	2022-23	Ongoing
7.2.5	Provide Gantheaume Dual Use Pathway	Deferred pending review of Trails Masterplan and Footpath 10 Year Capital Works Plan	2024-25	2029-30
9.1.7	Fund a feasibility study for a Dinosaur Trackway Interpretive Centre / Trail	Priority of project adjusted due to financial and resource constraints	2023-24	2025-26
9.2.1	Facilitate Cable Beach foreshore upgrades	Project staged due to financial and resource constraints	2023-24	2023-24 2024-25
14.2.1	Provide a new Depot	Priority of project adjusted due to financial and resource constraints	2025-26	2026-27
14.2.2	Provide Kimberley Regional Offices Building 3	Priority of project adjusted due to financial and resource constraints	2025-26	2026-27

New Actions

The following new actions are proposed:

NEW ACTIONS
Action #	Action	Year
1.3.3	Facilitate a review of the Community Safety Plan	2024-25
2.1.7	Advocate the State Government to construct houses on development ready sites within Broome for Government Regional Officer Housing (GROH) to ease pressure on the private rental market	2023-24 (ongoing)
2.1.8	Partner with the State Government to select, commit and complete Stage 1 of the Broome Urban Renewal Strategy	2023-24 (ongoing)
2.1.9	Advocate to Development WA and private land developers for the timely release of residential and commercial land to meet forecast demand	Ongoing
4.2.7	Advocate for increased child care availability and services for the Broome community	Ongoing
4.2.8	Facilitate a review of the Youth Plan	2024-25
6.1.5	Provide a local structure plan for the McMahon Estate development	2023-24
7.1.7	Provide sealed parking at Broome Recreation and Aquatic Centre - South of Covered Courts	2026-27
10.1.5	Provide detailed designs for the headworks and site preparations for the Sanctuary Road Caravan Park, Key Worker Housing and Over 55's Village	2023-24
10.1.6	Facilitate the development and operation of the Sanctuary Road Caravan Park, Key Worker Housing and Over 55's Village	2024-25 2025-26
10.1.7	Provide a redevelopment of the Town Beach Café to provide all year round service	2023-24 2024-25
10.1.8	Provide a masterplan for the Broome Turf Club	2023-24
12.1.2	Provide engagement and communications aligned with the priorities contained in the Corporate Communications and Engagement Strategy	Ongoing
14.1.4	Provide ICT program of works in accordance with the adopted ICT Strategy 2022	Ongoing
15.1.7	Provide a Staff Housing Investment Strategy to support employee attraction and retention	2023-24
15.1.8	Fund expansion of Shire owned housing to meet organisational needs and reduce impost on private housing market	Ongoing

Deleted Actions

The following Actions are proposed to be removed or pushed back past the final year of the CBP:

DELETED ACTIONS
Action #	Action	Rationale
3.2.4	Provide Aquatic Multi-Purpose Education and Club Space at Broome Recreation and Aquatic Centre	Multi purpose space including education options will form part of the BRAC Dry Upgrades proposed in 2025-26
7.1.1	Facilitate development of the Hamersley Street Masterplan	Current Precinct Planning will provide adequate detail to inform the planning process for Hamersley Street

In addition to these changes a number of minor amendments have been highlighted as track changes in the Draft SCP and CBP documents attached. These changes generally relate to:

- Numbering and formatting

- Updates to Table of Contents

- Updates to supporting commentary within the CBP including changes to the:

o Introduction

o Shire President’s Message

o Broome at a Glance statistics

o Priorities

o Local Community Priorities

o Recent Achievements and

o Resourcing the Plan.

It is also noted that changes to supporting information within the document, such as updated Census figures and updated Community Perceptions Survey, have been proposed prior to the final document being published towards the end of the 2022-23 financial year (subject to that information being available).

The Draft Strategic Community Plan and Corporate Business Plan (Word version) are provided in Attachment 1 and Attachment 2respectively. It is noted that theses versions are the versions provided to the graphic designer prior to publishing. The published documents will maintain the current layout and aesthetics, with the content updated with information contained within the attachments.

Long Term Financial Plan Update

In line with the principles of the Integrated Planning Framework, the Shire of Broome’s informing strategies are continually under review with full regard for Council’s LTFP.

The LTFP has been reviewed with consideration for the revised CBP. The LTFP has been balanced with the intent to reduce the reliance on Reserve Funding and borrowings, to fund in the first instance, the Shire’s Capital Renewal program. Funding of renewal expenditure through Municipal Funds provides for long term financial viability. In order to balance the LTFP, and ensure financial sustainability into the future, an annual inflation rate of 5% per annum has been incorporated over the first 5 years of the plan.

Extracts from the LTFP have been used to update the Forecast Statement of Funding, Additional Operating Expenditure and the Capital Program contained within the Draft Corporate Business Plan 2023-2027. The balanced 4 year Statement of Funding is attached (Attachment 3).

The Corporate Business Plan 2023-2027 is proposed to be effective 1 July 2023 and is proposed to inform the 2023/24 annual budget process. It must be noted that budget allocations are only formally endorsed through the adoption of the annual budget.

CONSULTATION

A total of 1056 completed Community Scorecards were received by community members. Shire officers undertook an engagement process from May 9-27 and used a range of methods to ensure community buy-in and participation.

This included:

- Scorecard e-mailed to all ratepayers.

- Scorecard delivered to all PO boxes in Broome.

- Scorecard sent to major Aboriginal communities, Nyamba Buru Yawuru, local real estate agents and schools.

- Community engagement stalls held at the Broome Boulevard Shopping Centre, Paspaley Plaza, Fong’s Store and Courthouse Markets.

- An explanatory video of the process voiced by Shire deputy president Desiree Male.

- Inclusion in e-newsletters.

- Inclusion in Shire News page in Broome Advertiser.

- A radio advertisement on Triple M Broome.

- Preparation and circulation of a media release, which was published by the Broome Advertiser.

- Social media posts on Facebook, Instagram and Twitter.

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)

Section 5.56 of the Local Government Act 1995 requires a local government to plan for the future of the district.

The Strategic Community Plan and Corporate Business Plan are integral to this process, with the Department of Local Government, Sport and Cultural Industries guidelines recommending that a broad community survey be a component of reviewing these plans and setting future community priorities and actions.

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

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 and 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 ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

Actions 11.2.1 Provide a review of the Strategic Community Plan and Corporate Business Plan in line with the Integrated Planning and Reporting Framework.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/007

Moved: Cr C Mitchell Seconded: Cr H Tracey

That Council:

1. Endorse the 2 Year desktop review of the Shire of Broome Strategic Community Plan 2023 – 2033 as contained within Attachment 1, noting that no substantive changes have been made to strategic outcomes or objectives;

2. Adopt the Shire of Broome Corporate Business Plan 2023 – 2027 as contained within Attachment 2; and

3. Notes the revised Long-Term Financial Plan schedule as contained within Attachment 3 and supports the implementation of the adjusted document.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	Strategic Community Plan 2023 - 2033 Desktop Review (Draft)
2.	Corporate Business Plan 2023 - 2027 (Draft)
3.	Attachment 3 - 2023-2027 Long Term Financial Plan Schedule

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.4.3 ESTABLISHMENT OF MASTER LEASE AGREEMENT FOR INFORMATION TECHNOLOGY ASSET RENEWAL

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIN003

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report recommends that Council obtain a $500,000 Master Rental Agreement from Vestone Capital for the provision of ICT infrastructure.

BACKGROUND

Previous Considerations

OMC 27 October 2022 Item 9.4.1

Council adopted a new Information & Communications Technology (ICT) Strategic Plan (Strategy) in October 2022. The Strategy identified that historically the Shire has funded ICT infrastructure principally as part of the capital works program and considered requests on an ad hoc basis.

From an asset management perspective the strategy recommends ICT asset renewal become more disciplined in a manner similar to the 10 Year Plant Replacement program and the Asset Management Plan covering infrastructure and buildings. This will ensure that all equipment remains under a support arrangement, reduce management overhead and mitigate unsupported equipment posing a cyber security risk to the Shire.

As part of adopting the Strategy it was recommended that Council progressively transition to an operating expense model for ICT infrastructure by largely funding equipment via an operating lease arrangement. The benefits that this will provide are:

· annual certainty of funding

· standardised operating environment

· reduced overhead

· lower upfront cost; and

· streamlined disposal and renewal path.

This agenda item will outline the process to establish a Master Rental Agreement so that two ICT renewal projects identified as part of the Foundations phase of the Strategy can be completed by the end of the 22/23 financial year. This requires Council approval, as operating leases are considered new borrowings under the Act and as these borrowings were not included in the 22/23 Municipal Budget, there are several legislative compliance obligations to be met.

In future years, the annual operating lease expense and Master Rental Agreement limit will be included in the budget adoption process.

COMMENT

WALGA have a panel of preferred suppliers who can provide the Shire with a Master Rental Agreement for ICT equipment with very similar terms, conditions, and rates. Proposals to establish a Master Rental Agreement were received from two suppliers on the panel – Equigroup and Vestone.

Officers recommend that initially the Shire establish a Master Rental Agreement with a $500,000 credit limit with Vestone Capital (Vestone). Vestone is a joint venture between Macquarie Group and Mitsubishi HC Capital and have operated in the Australian market for over 20 years and are recognised as one of the leading equipment finance and technology leasing providers. Vestone are also the sole supplier of operating lease facilities to Local Government Procurement. This is the NSW equivalent of the WALGA preferred supplier network. Through this arrangement Vestone provide facilities to over 60 NSW local governments. Multiple positive reference checks were received from Western Australian local governments who use Vestone including the City of Fremantle, City of Canning, and Shire of Murray.

The WALGA endorsed Master Rental Agreement (Attachment 1) will enable the following two planned ICT projects to be completed buy 30 June 2023:

IT Network Hardware Renewal - $121,354

The Shire’s various locations including depot, BRAC, library, waste services and Civic Centre, rely on connectivity back to the Shire Administration Building for access to core applications such as email, SynergySoft, telephony and the Microsoft Office Suite.

The network hardware needing to be renewed was purchased in 2017 and has reached the end of available support. Renewal was included in the 2022/23 capital budget to ensure that the risk of hardware failure, service delivery outages and security vulnerabilities is adequately mitigated.

A procurement process (RFQ) to renew all network hardware across the Shire (switches and firewall) has been completed. The budget amendments required to fund replacement via an operating lease as opposed to outright capital purchase will be covered in the financial implications section.

Desktop and Laptop Device Renewal - $300,000

The Shire has in the region of 150 devices with an estimated replacement value of $450,000. Of these devices 122 are greater than 3 years old and out of support.

A budget for device replacement is held but is only sufficient to replace a third of the aged devices. By moving to an operating lease model, a large one-off refresh of approximately 100 devices can be achieved. A procurement process (RFQ) will be conducted in the new year.

CONSULTATION

WALGA – Financial and Corporate Services (PSP004) Contract Manager.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 6.20 Power to borrow.

(1) Subject to this Act, a local government may –

a. borrow or re-borrow money; or

b. obtain credit; or

c. arrange for financial accommodation to be extended to the local government in ways additional to or other than borrowing money or obtaining credit,

to enable the local government to perform the functions and exercise the powers conferred on it under this Act or any other written law.

(2) Where, in any financial year, a local government proposes to exercise a power under subsection (1) (power to borrow) and details of that proposal have not been included in the annual budget for that financial year –

a. unless the proposal is of a prescribed kind, the local government must give one month’s local public notice of the proposal; and

b. the resolution to exercise that power is to be by absolute majority.

POLICY IMPLICATIONS

Loan documents are classified as category 1 documents under the Execution of Documents Policy. A specific resolution of Council to execute the Master Rental Agreement with the Shire of Broome Common Seal is required.

FINANCIAL IMPLICATIONS

Vestone has provided a quote (attachment 2) as follows:

	Networking Equip Option 1	Networking Equip Option 2	Desktop/Laptops
Original Equip Cost	$121,354.25	$121,354.25	$300,000
Term	3 Years	4 Years	3 Years
Payment Structure	Quarterly	Quarterly	Quarterly
Repayments	$10,209.04	$8,377.08	$24,956.38
Annual Cost	$40,836.16	$33,508.32	$99,825.52
Total Cost Ownership	$122,508.48	$134,033.28	$299,476.56

It is proposed to fund the network equipment based on option 2 above. Networking equipment does not have the same level of portability and risk of damage that comes with laptops and therefore vendors are happy to extend support to 4 and possibly 5 years. This allows the Shire to minimise the whole of life cost and extend the useful life for as long as practicable whilst adequate support can be obtained.

The laptop refresh quote is indicative only. A 4-year option will be obtained and considered during the procurement process in 2023.

Based on the above the following budget amendments are required.

Description		Budget Figure	Amended Figure	Variation
Equipment & Software Leases	146100	Nil	$70,000	$70,000
Equipment & Hardware Capital	146120	$108,000	Nil	($108,000)
Minor Assets <$5,000	146110	$70,000	Nil	($70,000)
IT & Equipment Reserve	014010	Nil	$108,000	$108,000
Net result				Nil

The transfer to the IT & Equipment Reserve will be used to smooth the progressive increase that will be required to the Equipment & Software Leases expense budget as additional ICT equipment is renewed in the coming years.

The Long-Term Financial Plan (LTFP) has been updated to reflect the change in funding model for ICT equipment. The Shire’s ICT assets including the CCTV network have an estimated replacement value of $2 million. Based on an average life of between 3 – 5 years for ICT assets the annual operating lease expense will progressively rise to in the region of $400,000 - $500,000 per annum. This increase in operating expense is offset by a reduction in the ICT capital allocations previously contained in the LTFP.

RISK

The Office of the Auditor General (OAG) and Local Government Insurance Service (LGIS) have alerted local government to the increasing risk of cyber security penetration. There is an expectation that the Shire’s ICT environment matures against the Australian Cyber Security Centre’s (ACSC) Essential Eight that provides a range of strategies to mitigate this risk.

The investment in network infrastructure and desktop/laptop renewal are key components identified in the foundations phase of the ICT Strategy to appropriately manage this risk and improve the ongoing asset management of all ICT infrastructure.

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 13 - Value for money from rates and long term financial sustainability

Objective 13.1 Plan effectively for short- and longterm financial sustainability

Outcome 14 - Excellence in organisational performance and service delivery

Objective 14.1 Embrace best practice approaches and new innovations to improve business efficiencies and the customer experience.

Actions 14.1.3 Provide ICT hardware renewals and software upgrades

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/008

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That Council:

1. Approve borrowings of $500,000 via entering into a Master Rental Agreement with Vestone Capital under the Western Australian Local Government Preferred Supplier Contract – PSP004 Contract (Attachment 1);

2. Approve the affixation of the Common Seal of the Shire of Broome to the Master Rental Agreement in the presence of the Shire President and the Chief Executive Officer each of whom shall sign the document to attest the affixation of the Common Seal thereto;

3. That the Chief Executive Officer, or any one of the Senior Employees of the Shire of Broome authorised by the Chief Executive Officer from time to time is authorised to sign goods schedules, rental schedules, rental agreements and related agreements and documents under the Master Rental Agreement;

4. Request the Chief Executive Officer to obtain consent to the Master Rental Agreement from the Western Australian Treasury Corporation in accordance with Master Lending Agreement Clause 31.8;

5. In accordance with Section 6.20 (2)(a) of the Local Government Act 1995 request the Chief Executive Officer to provide one months public notice of the proposed borrowings; and

6. Approves the following budget amendments

*Description*		*Budget Figure*	*Amended Figure*	*Variation*
*Equipment & Software Leases*	*146100*	*Nil*	*$70,000*	*$70,000*
*Equipment & Hardware Capital*	*146120*	*$108,000*	*Nil*	*($108,000)*
*Minor Assets <$5,000*	*146110*	*$70,000*	*Nil*	*($70,000)*
*IT & Equipment Reserve*	*014010*	*Nil*	*$108,000*	*$108,000*
*Net result*				*Nil*

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	Vestone Master Rental Agreement WALGA
2.	Vestone Indicative Quote

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

Cr C Mitchell declared an Impartiality Interest in Item 9.4.4, the reason being “Board Member of WALGA”. Cr C Mitchell made a written declaration that he would consider the matter on its merits and vote accordingly.

Cr P Matsumoto left the Chambers at 5:40pm and did not return to the meeting.

9.4.4 WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) - BEST PRACTICE GOVERNANCE REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM20

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

For Council to consider the Best Practice Governance Review being completed by the Western Australian Local Government Association (WALGA) and provide a Council endorsed position to WALGA.

BACKGROUND

WALGA is currently conducting a best practice governance review to ensure WALGA’s governance and engagement models are contemporary, agile and maximise engagement with members.

The best practice governance review commenced in March 2022 when a steering committee was established to guide the review. A background paper (Attachment 1) was developed that compared WALGA to equivalent representative bodies around Australia as well as comparing similar organisations and their governance models.

WALGA is seeking member feedback in the form of a Council decision on the governance model options presented in the consultation paper (Attachment 2) by the 23 December 2022.

COMMENT

The consultation paper outlines five governance options and compares each option to a set of principles. These are outlined below:

Graphical user interface

Description automatically generated

Member local governments are asked to consider the consultation paper along with the governance model options put forward and provide a Council endorsed position to WALGA.

It is suggested that Councils endorse a preferred model and provide a ranking in terms of an order of preference.

WALGA will consider the outcomes of the consultation with a final report and recommended direction proposed for the March 2023 State Council meeting.

It is the officer’s opinion that Option 1 – Two Tier Model, existing zones is the best of the governance models proposed. This option continues to allow member zones to have input on policy and advocacy whilst the creation of a Board will provide the efficiency and agility that the review seeks and aligns with the governance principles.

WALGA, also welcomes any other models that Elected Members may wish to provide as feedback for further consideration.

CONSULTATION

WALGA facilitated a workshop of Councillors on 29 November 2022 to assist Council to develop a position, with Councillors Male, Mitchell, Taylor and Wevers in attendance.

The Minister for Local Government as part of the current reform agenda, has stated that local government is currently over governed and steps are being taken to reduce the number of Elected Members serving across the state. During the workshop, discussion was had as to whether the WALGA Best Practice Governance Review Options are aligned sufficiently with the Ministers stated position.

If Elected Members felt that the options presented do not go far enough to reform the WALGA governance structure then an alternate recommendation could be:

That Council, advises the Western Australian Local Government Association that it

a. DOES NOT ENDORSE any of the models proposed by the Best Practice Review; and

b. REQUESTS that the Best Practice Review Committee considers Options that are aligned to reduce the governance overhead of administering WALGA.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council advise WALGA that the preferred governance model is Option…… and the remaining options ranked in the following order –

· Option……

Cr Mitchell moved the following motion:

Council Resolution

Minute No. C/1222/009

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council advise WALGA that the preferred governance model is Option 5 or the alternative option suggested below and the remaining options are not supported:

· Alternative Option – This being 9 regions, 8 Councillors representing the 8 regions (1 from each region) and the 9^th region being Metro could have between 5 to 8 councillors. Metro has 5 areas so could be one councillor from each area however for equity could have 8.

VOTING 3/3

The Presiding Member cast his second vote and the motion was lost.

LOST 4/3

Reason: The origins of WALGA is a collective of 12 Councillors from the metropolitan area and 12 Councillors from regional areas. There is currently a balance which is working extremely well and gives the whole state a good voice.

Cr Wevers moved the following foreshadowed motion:

MOTION

That Council, advises the Western Australian Local Government Association that it

a. DOES NOT ENDORSE any of the models proposed by the Best Practice Review; and

b. REQUESTS that the Best Practice Review Committee considers Options that are aligned to reduce the governance overhead of administering WALGA.

Reason: Cr Wevers believes there is too much bureaucracy and many people govern Local Governments which she would like to reduce.

Suspend Standing Orders:

Minute No. C/1222/010

Moved: Cr H Tracey Seconded: Cr P Taylor

That Standing Orders be suspended at 5:58pm.

CARRIED UNANIMOUSLY 6/0

Reinstate Standing Orders:

Minute No. C/1222/011

Moved: Cr C Mitchell Seconded: Cr H Tracey

That Standing Orders be reinstated at 6:07pm.

CARRIED UNANIMOUSLY 6/0

Cr Taylor then proposed the following amendment to Cr Wever’s foreshadowed motion. This was accepted by Cr Wevers as the mover:

Council Resolution:

Minute No. C/1222/012

Moved: Cr N Wevers Seconded: Cr P Taylor

MOTION

That Council, advises the Western Australian Local Government Association that it:

a. DOES NOT ENDORSE any of the models proposed by the Best Practice Review; and

b. Conducts an in depth review of the role and functionality and value of the organisation whilst acknowledging it’s value to the Local Government sector.

CARRIED UNANIMOUSLY 6/0

Reason: To request WALGA to conduct a review of the purpose, functionality and effectiveness of WALGA representation.

Attachments

1.	WALGA Best Practice Governance Review - Background Paper
2.	WALGA Best Practice Governance Review - Consultation Paper Model Options

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.4.5 COUNCIL POLICY REVIEWS - VARIOUS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM28

AUTHOR: Senior Governance & Administration Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

A range of Council Policies are presented to Council for endorsement following a review in accordance with Councils’ adopted Policy Framework. Recommended changes are summarised in the body of the report.

BACKGROUND

Previous Considerations

OMC 12 December 2019 Item 9.4.5

OMC 18 November 2021 Item 9.4.4

Council adopted a Policy Framework to transition the Council Policy review process in 2019. The key element of the Policy Framework was a move to a risk-based rolling review approach. Previously all Council Policies were reviewed biennially following an ordinary election, but it was recognised that this was creating an arduous task for staff and elected members and therefore Council adopted a 4 yearly review for the majority of policies.

The Policy Framework has ensured that Council Policies are developed consistently and are reviewed regularly whilst at the same time reducing the administration overhead involved.

COMMENT

Policies with Recommended Changes

Record Management (Attachment 1)

The list of Statutory Obligations has been amended to include all legislation/regulations that Records Management are required to comply with.

Tourism Administration (Attachment 2)

Reference to the Events, Economic and Tourism Development Funding Program (EEDTF) has been removed.

It is proposed to include a reference to multiyear agreements and that these may be considered by Council upon application.

Multiyear agreements would be beneficial to organisations by providing longer term financial security. Bi-annual reviews of all agreements and key performance indicators (KPI) will still be included in the funding agreements.

Policies with No Recommended Changes

Subdivision/Development Contributions – Drainage Headworks (Attachment 3)

No recommended changes. Policy content has been reformatted to improve the readability.

Subdivision/Development Contributions – Road Reserve Works (Attachment 4)

No recommended changes. Policy content has been reformatted to ensure improve the readability.

Policies Still Under Review

The following policies remain under review and will be presented to Council in 2023:

· Alcohol Management

· Caravan Parks and Camping Grounds - Maximum Number of Sites of a Particular Type that May be Used at a Facility

· CCTV

· Disposal of Assets

· Horses on Cable Beach

· Investment Policy

· Mining, Petroleum and Geothermal Energy

· Public Art

· Sales of Recyclables

· Self Supporting Loan

· Shinju Matsuri Acquisitive Art Prize

· Waiving and Refunding of Fees

CONSULTATION

Policies have been reviewed by the Responsible Officer and the accountable Director.

STATUTORY ENVIRONMENT

Local Government Act 1995

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.

POLICY IMPLICATIONS

As contained in the body of the report.

FINANCIAL IMPLICATIONS

Not applicable

RISK

Having clear, concise, current and consistent policies reduces the risk of interpretation errors that could have negative impacts on the Shire.

STRATEGIC ASPIRATIONS

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

Outcome 11 – Effective leadership, advocacy and governance:

Objective 11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/013

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council approves the following Council Policies inclusive of recommended improvements as detailed in Attachments 1 – 4

· Records Management

· Tourism Administration

· Subdivision/Development Contributions – Drainage Headworks

· Subdivision/Development Contributions – Road Reserve Works

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Records Management
2.	Tourism Administration
3.	Subdivision Development Contributions - Drainage Headworks
4.	Subdivision Development Contributions - Road Reserve Works

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

9.4.7 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - NOVEMBER 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Coordinator Financial Services

Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report recommends that Council receives the Monthly Statement of Financial Activity Report for the period ended 30 November 2022, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

BACKGROUND

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).

COMMENT

The 2022/23 Annual Budget was adopted at the Special Meeting on 5 July 2022. 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 78.60% has been collected)

Total Other Operating Revenue 59%

Total Operating Expenditure 23%

Total Capital Revenue 25%

Total Capital Expenditure 15%

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 2022/23 Annual Budget presented at the Special Meeting on 5 July 2022, Council adopted a balanced budget to 30 June 2023.

The Office of the Auditor General conducted the onsite final audit during October. The audited 2021/22 Annual Financial Statements are being finalised and will be presented to Council in 2023, which will also confirm the opening budget position for 2022/23.

It should be noted that a new payroll system is being implemented across the organisation. While configurations are being finalised, the Employment costs to 30 November 2022 are reflecting overall as below YTD budget, however the December 2022 Financial Statements will incorporate the full employment costs.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 6.4 – Financial report

Section 6.8 – Expenditure from municipal fund not included in the budget

Local Government (Financial Management) Regulations 1996

Reg 34. Financial activity statement report — s. 6.4

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

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 (CEO) 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 ASPIRATIONS

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

Outcome 11 – Effective leadership, advocacy and governance:

Objective 11.2 Deliver best practice governance and risk management

Outcome 12 – A well informed and engaged community:

Objective 12.1 Provide the community with relevant, timely information and effective engagement

Outcome 13 - Value for money from rates and long term financial sustainability:

Objective 13.1 Plan effectively for short and long term financial sustainability

13.2 Improve real and perceived value for money from rates

Outcome Fourteen – Excellence in organisational performance and service delivery:

Objective 14.3 Monitor and continuously improve performance levels.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/015

Moved: Cr C Mitchell Seconded: Cr P Taylor

That Council receives the Monthly Financial Activity Statement Report for the period ended 30 November 2022 as attached.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Monthly Statement of Activity November 2022

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

10. Reports of Committees

10.1 Minutes and Recommendations from Kimberley Regional Group Meeting held on 21 November 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: KRG01

AUTHOR: Executive Assistant to the CEO

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

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 21 November 2022.

BACKGROUND

A copy of the minutes from the Kimberley Zone of WALGA (Kimberley Zone) and the Kimberley Regional Group (KRG) meeting held 21 November 2022 are attached for Council consideration (Attachment 1).

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 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 Wyndham East Kimberley accepted the Secretariat role for the Kimberley Zone / KRG late in 2021.

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.

Kimberley Zone Meeting Minutes – 21 November 2022

The Kimberley Zone considered and supported the recommendations on Matters for Decision that were contained within the 9 September 2022 WALGA State Council agenda as summarised below:

Matters for Decision

WALGA Recommendation

5.1

2022 Annual General Meeting Resolutions

That:

1. the following resolutions from the 2022 WALGA Annual General Meeting be endorsed for action:

3.8 Review of the Rating Methodology used by the Valuer-General

Advocate for a full review of the rating methodology used by the Valuer-General to value all land in the State of Western Australia.

Recommendation: It is recommended that this resolution be endorsed for action.

3.10 Reform of the Cat Act 2011

That the WA Local Government sector requests the WA State Government prioritise reforms to the Cat Act 2011, in accordance with the Statutory Review undertaken and tabled in the State Parliament on 27 November 2019.

Recommendation: it is recommended that this resolution be endorsed for action.

2. the following resolutions from the 2022 WALGA Annual General Meeting be referred to the relevant Policy Team for further work to be undertaken:

3.1 Road Traffic Issues

That WALGA advocate on behalf of the local government sector to the State Government and in particular, Main Roads, to increase importance and weight given to local knowledge and input regarding road traffic issues including requests for speed reduction, intersection treatments and overall preventative and traffic safety measures.

It is recommended that this resolution be referred to the Infrastructure Policy Team for further work to be undertaken.

3.2 Car Parking and Traffic Congestion Around Schools

That WALGA engages with the State Government on behalf of Local Government to review issues associated with car parking and traffic congestion around school sites including but not limited to:

1. Reviewing car parking standards for schools;

2. Ensuring sufficient land is set aside for the provision of parking on school sites;

3. Reviewing the co-location of schools to avoid issues being exacerbated;

4. Restricting school access from major roads;

5. Developing plans to enable schools to manage school traffic;

6. Develop programs to educate drivers; and

7. Develop options and implement initiatives to encourage alternative modes of transport to school.

3.3 Proposal for Regional Road Maintenance Contracts with Main Roads WA

That WALGA assist Local Governments and work with the Hon Minister Rita Saffioti to introduce a similar program that is currently in play in Queensland and introduce a sole invitee Program for Local Governments to engage in a Road Maintenance Performance Contract with Main Roads WA.

Recommendation: It is recommended that this resolution be referred to the Infrastructure Policy Team for further work to be undertaken.

3.4 Northern Australia Beef Roads Program

That WALGA work with the Hon Madeleine King MP Minister for Resources and Minister for Northern Australia to make Beef Road Funding available to all Australian Local Governments north and south or establish a Southern Australia Beef Road Funding Program to allow for equitable support across Australia’s beef and agriculture industries.

Recommendation: It is recommended that this resolution be referred to the Infrastructure Policy Team for further work to be undertaken

3.5 3D House Printing Building Compliance

That WALGA requests:

1. Assistance from Minister for Industry and Science The Hon Ed Husic MP, Minister for Housing and Homelessness, Small Business The Hon Julie Collins MP, Minister for Infrastructure, Transport, Regional Development and Local Government The Hon Catherine King MP to work with Ministers from all State and Territory Governments who have Building and Construction in their portfolios, to collaborate and to consider removing impediments within the National Construction Code Series and associated Australian Standards, that dissuade industry from adopting 3D printing as a building method.

2. That the Government provide instruments to incentivise private industry to develop 3D printing and include this as an acceptable building practice.

Recommendation: It is recommended that this resolution be referred to the People and Place Policy Team for further work to be undertaken.

3.6 South West Native Title Settlement

That WALGA advocate to the State Government that Local Governments be provided with the full list of potential land to be requested for transfer as part of the South West Native Title Settlement and that a minimum of three months be provided for Council to provide feedback.

Recommendation: It is recommended that this resolution be referred to the People and Place Policy Team for further work to be undertaken.

3.7 Land Offset Compensation to Local Governments

That WALGA advocate to the State Government that the Developer requiring land offsets should be required to provide the offsets within the Local Government where the clearing occurs and where this is not possible, the Developer requiring land offsets within another Local Government be required to pay a fee to the Local Government for the loss of rates and ongoing maintenance of infrastructure to the Land.

Recommendation: It is recommended that this resolution be referred to the Environment and Waste Policy Team for further work to be undertaken.

3.12.1 Abandoned Shopping Trolleys

That this meeting supports the recent petition to be tabled in the Legislative Council, Parliament of Western Australia, “Removal and Abandonment of Shopping Trolleys 22-0017” calling on the State Government to implement stringent and uniform shopping trolley containment laws for the whole state of Western Australia.

This item has been considered previously by the Governance & Organisational Services Policy Team, where the recommended action was for this issue to be addressed by each Local Government working with their retailers.

Based on the above it is recommended that this item be referred back to the Governance & Organisational Services Policy Team for further consideration.

3. the following resolutions from the 2022 WALGA Annual General Meeting be noted:

3.11 WALGA Best Practice Governance Review – Principles

That:

1. The update on the Best Practice Governance Review project be noted, and

2. The principles to inform WALGA’s future governance model, as follows and as per the attached Principles document, be endorsed:

a. Representative – WALGA unites and represents the entire Local Government sector in WA and understands the diverse nature and needs of members, regional communities and economies.

b. Responsive – WALGA is an agile association which acts quickly to respond to the needs of members and stakeholders.

c. Results Oriented – WALGA dedicates resources and efforts to secure the best outcomes for Local Government and supports the delivery of high-quality projects, programs and services.

The Governance Principles were endorsed by State Council at a special meeting on 22 August, before being endorsed by members at the 2022 AGM. Since then, the Best Practice Governance Review Steering Committee have finalised a Consultation Paper, which has been circulated to all Local Governments seeking a Council endorsed position on the five model options presented in the paper by 23 December.

It is recommended that this resolution be noted.

3.12.2 Mandatory Superannuation for Elected Members in Band 1 and 2 Councils

That this meeting supports requesting WALGA to advocate for the Local Government reforms to include mandatory superannuation for elected members of Band 1 and Band 2 Councils and supports the optional payment of superannuation for Band 3 and 4 Councils.

It is recommended that this resolution be noted.

5.2

Electors Member Superannuation

RECOMMENDATION

That WALGA:

1. advocates for superannuation to be required to be paid to Elected Members of Local Governments in Salaries and Allowances Tribunal (SAT) Band 1 and Band 2; and

2. supports the position that superannuation payments to Elected Members of Local Governments in SAT Band 3 and Band 4 should be optional and determined by Council.

5.3

Biosecurity Advocacy Position

RECOMMENDATION

That State Council endorse replacing Advocacy Position 4.5 Post Border Biosecurity with a new Biosecurity Advocacy Position as follows:

4.5 Biosecurity

Western Australia’s economy, environment and the community are facing increasing challenges posed by already established and new pests, weeds and diseases.

Local Government has a significant role in biosecurity management, as land managers and regulators, and therefore has an interest in ensuring that Western Australia’s biosecurity system, including control of declared pests, is effective and appropriately resourced.

WALGA considers significant changes to the operation of the State’s biosecurity system, including the Biosecurity and Agriculture Management Act 2007, are required to ensure these risks can be managed now and into the future.

To be effective the Western Australian biosecurity system must:

1. Take a transparent approach to the notion of ‘shared responsibility’ by ensuing that:

a) The respective roles and responsibilities of Commonwealth, State and Local Government, industry, landholders, community groups and individuals are agreed and clearly articulated; and

b) There is improved pest management on State Government managed land and a formalised structure for State Government agencies with responsibilities for biosecurity management to work together and coordinate their activities.

2. Be underpinned by a strategic framework, developed in collaboration with stakeholders, that:

a) Establishes priorities for biosecurity threats in geographically defined regions, sets measurable targets and guides investment in biosecurity activities; and

b) Is regularly evaluated and reported on.

3. Have a greater focus on environmental biosecurity, through the increased recognition and management of pest species that have significant ecological impacts.

Be adequately, sustainably and equitably funded:

a) The appropriateness and effectiveness of the Declared Pest Rate (DPR) and Recognised Biosecurity Group (RBG) model as key mechanisms for the management of widespread and established declared pests should be reviewed and alternate mechanisms considered;

b) Increased and more equitable distribution of funding for every step in the biosecurity continuum and adequate resourcing for all stakeholders, including Local Government; and

c) The provision of funding for declared pest management in metropolitan areas.

5. Ensure that the criteria and process for listing of declared pests is evidence-based, timely and transparent.

6. Have an increased emphasis on compliance through education and enforcement activity, to ensure land managers are aware of their legislative responsibilities and are supported to implement biosecurity actions.

7. Facilitate the use of new technologies, strategic monitoring, and the establishment of data management systems to inform biosecurity investment decisions and support adaptive management.

8. Improve the community’s understanding, awareness and action in relation to biosecurity to assist with threat surveillance and timely response to incursions.

5.4

Submission on Environmental Regulation Reform: A Strategic Review of Regulatory Delivery and Fees for Industry Regulation

RECOMMENDATION

That the submission on Environmental Regulation Reform: A Strategic Review of Regulatory Delivery and Fees for Industry Regulation be endorsed.

5.5

Updated Aboriginal Cultural Heritage Advocacy Position

RECOMMENDATION

That State Council endorse the following updated Advocacy Position on Aboriginal Cultural Heritage:

3.1.3 Aboriginal Cultural Heritage Act 2021 and South West Native Title Settlement

WALGA acknowledges Noongar people as the traditional owners of the South West Region. Local Government is supportive of conserving and protecting the State’s Aboriginal cultural heritage.

WALGA supports the introduction of the Aboriginal Cultural Heritage Act 2021 which will provide a modern framework for the recognition, protection, conservation and preservation of Aboriginal cultural heritage and recognises the fundamental importance of Aboriginal cultural heritage to Aboriginal people. The State Government must ensure that:

1. The legislation balances the need to protect Aboriginal cultural heritage with the requirement for Local Government to undertake activities in a timely and affordable manner;

2. The implementation and ongoing operation of the legislative system for the protection of Aboriginal cultural heritage is adequately resourced to ensure that all parties have the capacity, capability and resources to discharge their statutory obligations;

3. Support is provided to Local Governments to ensure that they have the resources, capacity and capability to comply with a complex legislative framework; and

4. Local Governments have the ability to deliver essential infrastructure works and emergency activities efficiently and effectively in order to maintain public safety.

5.6

Review of Coastal Planning Policy Position

RECOMMENDATION

That State Council endorse replacing Advocacy Position 6.8 Coastal Planning with a new Coastal Planning Advocacy Position as follows:

6.8 Coastal Planning

WALGA calls for:

1. Equitable legislative, regulatory and policy changes that preserve public coastal access for current and future generations.

2. The provision of sustainable and adequate long-term funding for Local Governments to manage the impacts of coastal erosion and inundation.

Matters for Noting:

6.1 WALGA Best Practice Governance Review Update

6.2 2022-23 October Federal Budget

6.3 Supporting the Trajectory for Low Energy Buildings – Release of 7 Star Homes Cost Investigation

6.4 WALGA October 2022 Quarterly Economic Briefing

6.5 WALGA Submission on Phase Two of the Aboriginal Cultural Heritage Act 2021 Co- design Process

6.6 Report Municipal Waste Advisory Council (MWAC)

Organisational Reports:

7.1 Policy Team Reports

7.1.1 Environment and Waste Policy Team Report

7.1.2 Governance and Organisational Services Policy Team Report

7.1.3 Infrastructure Policy Team Report

7.1.4 People and Place Policy Team Report

7.2 Key Activity Reports

7.2.1 Report on Key Activities, Advocacy Portfolio

7.2.2 Report on Key Activities, Infrastructure Portfolio

7.2.3 Report on Key Activities, Member Services Portfolio

7.2.4 Report on Key Activities, Policy Portfolio

The KRG also noted the report from the WALGA President as circulated.

Kimberley Regional Group Meeting Minutes – 21 November 2022:

The following items from the Kimberley Regional Group Meeting held 21 November 2022 should be noted by Council:

Correspondence

The KRG noted that the correspondence was received and also noted that the Chief Executive Officer could be directed on a response if required.

Correspondence in: Nil

Correspondence out:

To: Nicola Perry, DLGSC

Dated 31.10.2022

Topic: Covid State Emergency Powers Removal – Rescinding of Section 31 additional powers under the Liquor Act

Executive Officer Report

This Report provided an update to the KRG on the Executive Officer services provided for the period September 2022 – October 2022 inclusive.

The Executive Officers Report was received and endorsed by the KRG.

Presentations

The following presentations were received from key stakeholders:

1. Hon. Kristy McBain, Minister for Regional Development, Local Government & Territories

- Housing

- Financial Assistance Grants

- Vision for Northern Australia

2. Kelly McManus, Advisor, Minister for Regional Development Local Government & Territories

- Communication Blackspots

- New Regional Grants programs

- Possible Regional tour

3. Roz Lipscombe, Senior Partnerships Officer, Industry Partnerships & Dev, Culture & the Arts

Amber Craike, Senior Partnerships Officer, Industry Partnerships & Dev, Culture & the Arts

Krissie Dickman, Regional Manager, Kimberley, Dept of Sport & Recreation

- Presentation of funding sources for arts programs

4. Christine Comer, Assistant Director, WA & SA Engagement Branch, National Emergency Management Agency

- Introduction to agency and responsibilities

Banned Drinkers Register

This Report provided an overview of the KRG submission to the Department of Local Government, Sports and Cultural Industries on their consultation paper to reform the Banned Drinkers Register and seek formal endorsement of the KRG submission.

The KRG formally endorsed the KRG submission to the department of local government, sports and cultural industries on the banned drinkers register (BDR) and to seek a briefing from the department on the outcome of the Kimberley BDR evaluation and how this will inform the reform process. It was further resolved to continue to advocate for consistent rules in accord with section 31 across the region.

Western Australian Development Index (WADI)

The purpose of this report was to determine how the KRG would like to progress engagement with WALGA and other partners on the progression of the WA development index (wadi).

The KRG resolved to write to WALGA to express their support for the progression of the WA Development Index and to write to the Minister for Local Government expressing support for the development of the WA Development Index.

Strategic Operational Planning

The operational planning workshop was held with the KRG on the 21 November 2022 to determine the priority projects for the KRG over the next two years. This ensures that NAJA and Associates, who have been engaged by the KRG to provide Executive Services, are maximizing value to the activities of the KRG.

The KRG noted that an operational planning workshop was held earlier in the day and will now be used to inform priority projects.

Service Level Agreement

A draft service level agreement for the Executive Officer’s role was tabled for members discussion and feedback.

The KRG resolved that the Draft Service Level Agreement, as tabled in Appendix 6 was to be finalised by the EO and Secretariat and adopted out of session.

Kimberley Regional Group and Kimberley Zone Meeting Dates

The KRG Calendar was agreed to be adjusted as necessary and dates be formalised out of this session.

Kimberley Regional Group Annual Financial Report 2021-22 and Kimberley Regional Group Financial Activity Statements

The report advised of a delay for the presentation of the 2021/22 audit and annual financial statement.

The KRG noted that the Annual Financial Statement for the period ending 30 June 2022 will be circulated when received from the auditor and that a Financial Activity Statement will be tabled as a standing item in future.

Kimberley Regional Group 2021-22 Audit and Annual Financial Report

The KRG Secretariat role was transitioned from the Shire of Broome to the Shire of Wyndham East Kimberley (SWEK) in December 2021, with the Shire of Broome continuing financial management through to 30 June 2022. Handover of financials was to be undertaken post the finalisation of the 2021-22 Audit.

The 2021-22 Audit has been completed and signed off by the KRG auditor, Moore Australia, and the Annual Financial Statement has been provided to the KRG for consideration (Confidential Attachment 2). The KRG 2021-22 Annual Financial Statement identified a $298,453 surplus position.

With the Audit now completed the Shire of Broome is required to transfer funds held in reserve to SWEK. This will require a budget amendment from Council to approve the transfer of those funds which are currently quarantined in the Kimberley Zone Reserve. Council should note that these funds were held on behalf of the KRG during the Shire of Broome’s tenure as the KRG Secretariat and are not Shire funds.

A recommendation has been included to transfer $298,453 from Account 10023598 Transfer from Kimberley Zone Reserve to Account 100221370 Kimberley Zone – Transfer of Zone Surplus.

CONSULTATION

WALGA

Kimberley Development Commission

Kimberley Regional Development Australia

Department of Local Government Sport and Cultural Industries

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC ASPIRATIONS

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

Outcome Seven – Safe, well connected, affordable transport options

Objective 7.1 Provide safe and efficient roads and parking.

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate

Objective 9.5 Grow the size and depth of Broome’s labour market with improved access to training and development opportunities.

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

Outcome Eleven – Effective leadership, advocacy and governance

Objective 11.1 Strengthen leadership, advocacy and governance capabilities.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1222/016

Moved: Cr C Mitchell Seconded: Cr H Tracey

That Council:

1. Receives and endorses the resolutions of the Kimberley Zone of WALGA and the Kimberley Regional Group as attached in the Kimberley Zone of WALGA and Kimberley Regional Group Joint Meeting Minutes of 21 November 2022 en bloc;

2. Receives the 2021-22 Kimberley Zone of WALGA and Kimberley Regional Group Annual Financial Report as contained in Confidential Attachment 2, noting the $298,453 surplus position;

3. Approve a budget amendment to transfer $298,453 from Account 10023598 Transfer from Kimberley Zone Reserve to Account 100221370 Kimberley Zone – Transfer of Zone Surplus to facilitate the transition of the Secretariat role to the Shire of Wyndham East Kimberley.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

Kimberley Regional Group Minutes 21 November 2022

Kimberley Zone of WALGA and KRG Annual Financial Report 2021-22 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

Minutes – Ordinary Council Meeting 15 December 2022 Page 0 of 1

13. Business of an Urgent Nature

The Director Corporate Services advised of an Urgent Item of Business relating to the receiving of the Minutes and Recommendations from the Audit and Risk Committee Meeting held on 12 December 2022.

Council Resolution:

(Recommendation) Minute No. C/1222/017

Moved: Cr H Tracey Seconded: Cr C Mitchell

That Council accept Item 13.1 – Minutes of the Audit and Risk Committee Meeting held on 12 December 2022 as an urgent business item in accordance with Clause 5.4 of the Shire of Broome Meeting Procedures Local Law.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

13.1 Minutes and Recommendations from Audit and Risk Committee Meeting held on 12 December 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIN001

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents for Council consideration the minutes from the Audit and Risk Committee (ARC) meeting held on 12 December 2022.

BACKGROUND

Previous Considerations

SMC 5 July 2022 Item 5.4.1

Strategic and Enterprise Risk Management Plans

Council adopted a new Risk Management Policy to meet the requirements of AS/NZS Risk Management Standard; 3100: 2018 at the Ordinary Meeting of Council on 29 April 2021.

Within the Policy it was identified that not all risks are the same and for that reason the Policy breaks risk into three distinct focus groups as follows:

Strategic Risks relate to those events/incidents that are outside the control of the Shire that could impact the future strategic direction (e.g. changes to Government legislation, impacts on global supply chain etc).

Enterprise (Operational) Risks are those risks that, if they occur, will impact the achievement of the current strategic objectives. These are the “day-to-day” risks relevant to Shire operations, some of which, if they were to materialise as incidents/events, could have significant impacts and erode community and state government confidence in the Shire.

Project Risks require consideration of schedule, cost and performance within the context of the discrete project and to identify and manage the risks that may materialise during the operational use of what is being delivered by the project. Therefore, the use of a typical risk reference table based on likelihood and consequence is not appropriate.

Financial Management Review 2021-22

Local Government (Financial Management) Regulations 1996 - Reg 5(2)(c) requires the Chief Executive Officer (CEO) to undertake reviews of the appropriateness and effectiveness of the financial management systems and procedures of the Shire. These are required to occur regularly (and not less than once in every 3 financial years) and the results reported to Council.

The CEO recently engaged Stantons, a Perth based audit firm with extensive local government experience to complete a review to provide assurance and to meet legislative compliance.

Quarter 1 Finance and Costing Review 2022-23

The Shire of Broome has carried out its 1^st Quarter Finance and Costing Review (FACR) for the 2022-23 financial year. This review of the 2022-23 Annual Budget is based on actuals and commitments for the first three months of the year from 1 July 2022 to 30 September 2022, and forecasts for the remainder of the financial year.

This process aims to highlight over and under expenditure of funds and over and under achievement of income targets for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programs.

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire of Broome’s adopted end-of-year forecast, to assist Council to make an informed decision.

It should be noted that the 2022-23 annual budget was adopted at the Special Meeting of Council on 5 July 2022 as a balanced budget.

COMMENT

Strategic & Enterprise Risk Management Plans

When the Risk Management Policy was adopted by Council it was noted that separate Risk Management Plans would be developed to support the implementation of the Risk Management Policy and to mature the Shire’s approach to Risk Management.

Covid19 travel restrictions delayed the finalisation of the Risk Management Plans however in the last six months, the Shire’s Risk Management consultant has made two visits to the Shire to complete Risk Management Plans for both Strategic and Enterprise Risks. The Project Risk Plan is still under development and will be presented at a later date.

The Strategic Risks – Risk Management Plan (attached) provides a framework to assess strategic risks and will be used as the basis to develop a regular review and reporting mechanism to the Audit and Risk Committee. The Strategic Risk Plan also includes an initial list of 13 strategic risks based on an analysis of strategic risk events across the local government landscape.

The likelihood assessment of strategic risks occurring will be based on the level of visibility/discussion of the issue in the public domain and/or government policy considerations.

The Enterprise Risk register has been developed following a comprehensive review of the Shire’s insurance claims over the last 20 years, a review of the incident register from within the Shire’s Record Keeping system, and a broader scan of events that have impacted local government across Australia.

Stemming from this review has been the creation of a register that contains 10 Parent Risks. Parent risks are predominately risks that will be common to many organisations. 95 Child Risks have then been identified that consider the specific circumstances at the Shire.

Of the 95 child risks, based on an assessment of likelihood and maximum plausible consequence no extreme risks have been identified. 21 risks have been assessed as High, 47 Medium and 26 low.

The focus of risk management will now turn to assessing the controls that the Shire has against the 95 child risks and gaining assurance that the controls are effective.

This will involve completing a gap analysis of existing controls against best practice controls that the Shire’s Risk Management Consultant is developing for each of our child risks. This will be prioritised with the initial focus being on gaining control assurance over the 21 child risks with a high-risk rating.

Financial Management Review 2021-22

The Financial Management Review (FMR) covered the period 1 July 2021 to 30 June 2022, with a focus on assurance that the financial management system, internal controls and procedures are in place, effective and appropriate for the Shire’s operations.

The auditor used a combination of walkthroughs, interviews, process observation and sampling across the below focus areas. An outcome and risk rating have been provided, together with some recommended enhancements that will improve the existing controls. Pleasingly there were no major areas of concern or high risks raised.

Quarter 1 Finance and Costing Review 2022-23

The Quarter 1 FACR commenced on 3 October 2022. The results from this process indicate a deficit forecast financial position of $45,563 should Council approve the proposed budget amendments. Council should note this net result excludes an organisational expense (deficit) of $66,370. The overall result indicates a total deficit position to 30 June 2023 of $111,933.

	SHIRE OF BROOME SUMMARY REPORT
	BUDGET IMPACT
	2022/23 Adopted Budget (Income) / Expense	FACR Q1 Overall (Income) / Exp (Org Savings not subtracted)	FACR Q1 Org. Exp / (Savings) (by Dept)	FACR Q1 Impact (Income) / Exp (Org Savings subtracted)	YTD Adopted Budget Amendments (Income) / Expense	YTD Impact (Organisational Savings Subtracted)
Office of the CEO	0	50,000	35,000	15,000	0	15,000
Corporate Services	0	22,806	22,806	0	0	0
Development Services	0	46,563	30,000	16,563	0	16,563
Infrastructure Services	0	(21,436)	(21,436)	0	0	0
Impact of Council approved budget amendments	0	0	0	0	14,000	14,000
	0,000*	97,933	66,370	31,563	14,000	45,563

CONSULTATION

Financial Management Review 2021-22

Stantons

STATUTORY ENVIRONMENT

Strategic and Enterprise Risk Management Plans

Local Government (Audit) Regulations 1996

Regulation 17. CEO to review certain systems and procedures

Financial Management Review 2021-22

Local Government (Financial Management) Regulations 1996

Regulation 5. CEO’s duties as to financial management

Quarter 1 Finance and Costing Review 2022-23

Local Government (Financial Management) Regulation 1996

r33A. Review of Budget

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

POLICY IMPLICATIONS

Strategic and Enterprise Risk Management Plans

Risk Management Policy. The Strategic Risks - Risk Management Plan will form part of the Shire’s Risk Management Framework.

Quarter 1 Finance and Costing Review 2022-23

Nil.

It should be noted that according to the materiality threshold set at the budget adoption, should a deficit achieve 1% of Shire’s operating revenue ($402,749) the Shire must formulate an action plan to remedy the over expenditure.

FINANCIAL IMPLICATIONS

Strategic and Enterprise Risk Management Plans

The financial implications for Strategic Risks will be considered as part of the ongoing monitoring of risks and inform future revisions of the Shire’s Long Term Financial Plan, Corporate Business Plan and Annual Budgets.

Financial Management Review 2021-22

The Financial Management Review is undertaken every three years, and is a separate and additional cost to Council’s full audit performed by the Office of the Auditor General (OAG).

The FMR cost of $20,200 is provided for within the Municipal Budget.

Quarter 1 Finance and Costing Review 2022-23

The net result of the Quarter 1 FACR estimates is a budget deficit position of $45,563 to 30 June 2023.

This net result excludes an organisational expense (deficit) of $66,370.

The overall result indicates a total deficit position to 30 June 2023 of $111,933.

RISK

Strategic and Enterprise Risk Management Plans

The Strategic Risks - Risk Management Plan will assist Council to monitor and maintain awareness of Strategic Risks that may have an impact on the ability to meet Council’s strategic objectives.

Financial Management Review 2021-22

The three-year Financial Management Review is a risk mitigation process in itself and identifies areas for improvement. A management response has been provided for each issue raised and action will continue to address outstanding matters as a priority.

Quarter 1 Finance and Costing Review

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2023. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the end-of-year position.

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and Executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure associated with running the Shire’s operations.

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Absolute Majority

The recommendations from the Audit and Risk Committee meeting held on 12 December 2022 appear below for Council consideration.

13.1.1 Strategic Risks - Risk Management Plan (5.1)

Simple Majority

Council Resolution:

(Recommendation) Minute No. C/1222/018

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That the Audit and Risk Committee recommends that Council endorse the Strategic Risks – Risk Management Plan as attached.

CARRIED UNANIMOUSLY 6/0

13.1.2 Enterprise Risks - Risk Management Plan (5.2)

Simple Majority

Council Resolution:

(Recommendation) Minute No. C/1222/019

Moved: Cr C Mitchell Seconded: Cr N Wevers

That the Audit and Risk Committee recommends that Council:

1. Approves the Shire of Broome Risk Appetite as per attachment 3 to the Enterprise Risks – Risk Management Plan attached; and

2. Endorse the Enterprise Risks – Risk Management Plan as attached.

CARRIED UNANIMOUSLY 6/0

13.1.3 Financial Management Review 2021-22 (5.3)

Simple Majority

Council Resolution:

(Recommendation) Minute No. C/1222/020

Moved: Cr C Mitchell Seconded: Cr H Tracey

That the Audit and Risk Committee recommends that Council:

1. Receives the 2021-22 Financial Management Review Report as attached;

2. Notes the Management Comments and

3. Requests the Chief Executive Officer to continue to progress finalisation of any outstanding matters with a progress report to be provided to the Audit and Risk Committee prior to 30 June 2023.

CARRIED UNANIMOUSLY 6/0

13.1.4 1ST QUARTER FINANCE AND COSTING REVIEW 2022-23 (5.4)

Absolute Majority

Council Resolution:

(Recommendation) Minute No. C/1222/021

Moved: Cr D Male Seconded: Cr C Mitchell

That the Audit and Risk Committee recommends that Council:

1. Receives the Quarter 1 Finance and Costing Review Report for the period ended 30 September 2022;

2. Adopts the operating and capital budget amendment recommendations for the year ended 30 June 2023 as attached;

3. Notes a forecast net end-of-year deficit position to 30 June 2023 of $45,563, noting an organisational expense (deficit) of $66,370, resulting in an overall deficit position of $111,933.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	Minutes and Recommendations from the Audit and Risk Committee Meeting held on 12 December 2022