Agenda of Ordinary Meeting - Thursday, 29 February 2024

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.2.1 PROPOSED PERMANENT CLOSURE OF THE BIN SALLIK LANEWAY
LOCATION/ADDRESS:	31 and 33 Bin Sallik Avenue, Broome Reserve 50253 (Lot 642 Iilarr Retreat, Cable Beach)
APPLICANT:	Timothy Webster - Adjoining Resident
FILE:	BIN-1/GEN - RES 50253
AUTHOR:	Land Tenure Officer
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The Applicant has lodged a Crown Land Enquiry Form to the Department of Planning, Lands and Heritage (DPLH) requesting to purchase Lot 642 Lilarr Retreat, Cable Beach. The Lot is currently vested with the Shire of Broome as Reserve 50253 with the purpose of Pedestrian Access Way (the PAW).

DPLH advised the Applicant that as the PAW is currently vested with the Shire that there is a formal process that the Shire must undertake before DPLH can consider the request for the Applicant to complete the purchase of the land from the State.

Council at the 31 August 2023 Ordinary Meeting resolved to seek public comment on the proposed PAW closure. The proposed closure was advertised between 28 September 2023 and 26 October 2023 with one submission received.

This report recommends Council requests that the PAW is permanently closed to allow for the Applicant to proceed with the purchase of the land from the State.

BACKGROUND

Previous Considerations

OMC 2 June 2015 Petition

OMC 25 June 2015 Item 9.1.3

OMC 12 Dec 2015 Item 9.2.1

OMC 31 Aug 2023 Item 9.2.2

The laneway between 31 and 33 Bin Sallik Avenue (Bin Sallik Laneway) is a reserve for Pedestrian Access Way(PAW) (Lot 642 of Reserve 50253) that has been closed with a gate and fence since December 2015. At the Ordinary Meeting of Council (OMC) held 31 August 2023 Council resolved the following:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION) Minute No. C/0823/024

Moved: Cr C Mitchell Seconded: Cr P Taylor

That Council:

1. Requests the Chief Executive Officer to undertake Step 2 and Step 3 as outlined in the Procedure for the Closure of Pedestrian Access Way Planning Guidelines, and seek public comment on the proposed closure of the Pedestrian Access Way (Reserve 50253, Lot 642 Lilarr Retreat, Cable Beach): and

2. Requests the Chief Executive Officer to provide an update to Council once the above steps have been undertaken for Council to assess any comments received and make a final determination on the closure of the Pedestrian Access Way.

CARRIED UNANIMOUSLY 6/0

COMMENT

Shire officers have now undertaken the required consultation which included a direct mail out to surrounding landholders, a public notice in the Broome Advertiser and a public notice attached to fencing on the Reserve.

Shire officers have also sought comments from all relevant infrastructure providers in accordance with the requirements of the Western Australian Planning Commission (WAPC) Procedure for the Closure of Pedestrian Access Way Planning Guidelines.

The Shire only received one response from a surrounding landholder which supported the proposed permanent closure of the Pedestrian Access Way (Reserve 50253, Lot 642 Lilarr Retreat, Cable Beach). If the PAW is permanently closed it will the applicant can then purchase the land from the State.ll

The Shire have also received responses from Horizon Power, Telstra and Water Corporation containing responses to the following questions intended to ascertain the impacts of the proposed closure and sale:

1. Is any infrastructure located in the pedestrian access way?

2. Is the infrastructure proposed to be relocated at some stage in the future or will it remain in situ?

3. Whether they have any objection to the closure?

4. If they have no objection to the closure, what their requirements are in relation to service relation and easements?

Each of the responses received from the infrastructure providers have been assessed and Shire officers are comfortable that while there is currently infrastructure located within the PAW it can be relocated or removed and there will not be the requirement for easements. The Applicant has already indicated that they are willing to cover all associated costs.

The WAPC Procedure now requires that the Shire assesses the comments received from infrastructure providers and the community to determine whether to proceed with the permanent closure. If Council resolves to close the pedestrian access way, the next step is for Shire Officers to write to all abutting landowners to advise them of the Council’s decision and seek the following;

1. Written support for the closure;

2. Written agreement as to how the land is to be divided; and

3. Written agreement from those wishing to purchase a portion of the pedestrian access way that they are prepared to meet all costs associated with the closure including the possible relocation of infrastructure and registration of easements, removal of improvements from the pedestrian access way, and cost of reinstatement of kerbing.

Once all of the above has been received Shire Officers will then submit a written request to close the pedestrian access way to the WAPC together with:

· The closure report (amended to include an assessment of the responses received from the infrastructure providers, agencies, abutting landowners and other members of the community);

· Copies of all letters received from infrastructure providers; and

· Copies of all letters received from abutting landowners.

See the full procedure contained within the guide here: https://www.wa.gov.au/system/files/2021-07/GD_closure_pedestrial_access_ways.pdf

This report recommends that Council resolves to permanently close the pedestrian access way.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Land Administration Act 1997

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 8 - Cost effective management of community infrastructure

Objective 8.1 Deliver defined levels of service to provide and maintain Shire assets in the most cost-effective way.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Recommends to the West Australian Planning Commission that the Pedestrian Access Way is permanently closed, subject to the Applicant agreeing to pay all costs associated with the closure, including but not limited to;

(a) Relocation of all infrastructure within thePedestrian Access Way that belongs to Water Corporation, Horizon Power and Telstra,

(b) Removal of Shire fencing,

(c) Removal of any other Shire infrastructure that remains within the Pedestrian Access Way and any reinstatement works required, and,

(d) Any costs relating to having the Pedestrian Access Way surveyed.

2. Requests the Chief Executive Officer to undertake the remaining steps required by the Western Australian Planning Commission to complete the procedure for the closure of pedestrian access ways.

Attachments

Nil

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.2.2 BROOME TURF CLUB MASTER PLAN 2023
LOCATION/ADDRESS:	Reserve 22648
APPLICANT:	Nil
FILE:	LSS005
AUTHOR:	Special Projects Coordinator
CONTRIBUTOR/S:	Director Infrastructure
RESPONSIBLE OFFICER:	Chief Executive Officer
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The Broome Turf Club Master Plan 2023 was developed through a collaboration between the Shire of Broome and the Broome Turf Club.

Council endorsed the draft Master Plan for public advertising and comment in June 2023. Responses have been assessed and did not result in any amendments.

Council is requested to endorse the final Broome Turf Club Master Plan 2023.

BACKGROUND

Previous Considerations

OMC 29 June 2023 Item 9.2.5

OMC 31 March 2022 Item 9.2.1

The Shire of Broome (Shire) has the Management Order over Reserve 22648 for the purpose of Recreation, Racecourse, Aged Care Facility and Short-Term Accommodation. The Management Order permits the Shire, subject to Ministerial approval, to lease the reserve for a period up to a maximum of 21 years.

The Broome Turf Club (BTC) has been operating at this location under a 21-year lease with the Shire since 2001. The lease agreement expired in December 2021 and Council requested the development of a Master Plan to identify short term priorities, and a long-term vision before a new lease was considered. The BTC has remained on the Premises pursuant to the holding over provisions contained within the lease.

The Shire collaborated with the BTC to create a Master Plan that would guide the future growth and development of the site. Planning consultants Taylor Burrell Barnett were engaged to develop the Broome Turf Club Master Plan (the Master Plan).

At the Ordinary Meeting of Council held 29 June 2023, the draft Master Plan was endorsed for the purpose of public advertising.

COMMENT

The Broome Turf Club Master Plan project team included 3 representatives each from the Shire and the BTC. The Project Team met regularly and worked closely throughout the development of the Master Plan.

The draft Master Plan public comment period opened on 30 June 2023 and closed on 28 July 2023. The comment period was advertised in the Broome Advertiser, Shire website, Shire Facebook page, and Shire administration office.

The BTC direct emailed all members to advise them of the Master Plan and public comment opportunity. They also promoted the Master Plan comment period through the BTC website and Facebook page. Hard copies were available at the BTC office.

At the close of the public comment period, five submissions had been received, of which four were supportive. All submissions were reviewed by the project team and no changes were recommended to the draft Master Plan. A schedule of the submissions received and the project team’s response is included in Attachment 1 – Schedule of Submissions.

Staging and Priority Considerations

The final ‘Broome Turf Club Master Plan 2023’ provides a clear long-term vision for the site and is attached as Attachment 2. There is a strong focus on increasing the opportunity for community and not-for-profit use, particularly in compatible equine related activities. Acknowledging the changing nature of the racing industry, the Master Plan also explores strategic opportunities for economic diversification.

In collaboration with the BTC, the Master Plan elements were divided into short, medium and long term priorities. This identifies that the short term priority is the upgrade and replacement of key racing infrastructure to ensure the BTC operates safely and effectively. This will be implemented simultaneously with the rectification of the encroachment of stable infrastructure into adjacent lots.

Short Term Priorities; 1-5 Years

· Redevelopment of stable facilities

· Removal of structures from Lot 602

· Grandstand upper level redevelopment and renewal

· Additional toilets

· Relocation of members carpark

· New service buildings to include new sheds, changerooms and first aid room

· Relocated horse-gathering area for 1850m races

Medium Term Priorities; 5-10 years

· Marquee/tent area expansion

· New refrigeration & bin storage

· Flexible space for parking, food vans, events

· Relocate Two-up ring, Bookmakers ring, Winners Circle

· Improved stage event area

· Area for race day viewing inside the track, installation of large video screen

· Improved entry gate and merchandise

· Create a multi-use event area inside the track

Long Term Priorities; 10+ years

· New BTC building

· New drop area for buses, taxis, cars

· Relocation of select race-day stalls and wash down stalls

· Gantheaume Point Road realignment & construction

· At grade racetrack crossing point for pedestrians

· Additional public parking at north east development area

· New road along eastern boundary of Lot 1848

Broome Turf Club

There was discussion within the BTC committee regarding the recommendation to remove the southern portion of Lot 1848 (circled red below) from the existing lease area. This led to a delay in club endorsement of the final Master Plan due to concerns about the availability of land for horse training.

On 14 December 2023, the BTC advised the Shire that the committee had endorsed the Master Plan via the resolution below;

‘The committee of the Broome Turf Club endorses the current draft masterplan that has been provided for public comment and also agrees to relinquish the parcel of land of approximately 7.35 hectares adjacent to Reddell Beach as outlined in the masterplan’.

The completion and endorsement of the Master Plan fulfils the Shire’s request for the BTC to develop a plan to guide future growth before a new lease is awarded. This will allow future lease considerations to align with the priorities of the Master Plan.

Council is requested to endorse the final Broome Turf Club Master Plan 2023 as provided in Attachment 2.

CONSULTATION

A Community Engagement Plan was developed for the Broome Turf Club Master Plan project and endorsed by the project team. The engagement involved one on one meetings with the following organisations:

· Yawardani Jan-ga

· Saltwater Country

· Nyamba Buru Yawuru

· Yawuru Park Council

· Department of Planning, Lands and Heritage

· Department of Biodiversity, Conservation and Attractions

· Racing and Wagering Western Australia (RWWA)

· Shire of Broome (Technical Assessment Group)

· Broome Turf Club Committee representatives

· Owners of 502 Gantheaume Point Road , Minyirr

The project team also held the following community information sessions:

· Saturday 10 June 2023, Broome Turf Club Race Day

· Thursday 15 June 2023, Broome Boulevard Shopping Centre

The Stakeholder Engagement Summary Report is attached as Attachment 3.

The draft Master Plan was advertised for four weeks from the 30 June 2023 to the 28 July 2023 on Shire and BTC website and social media platforms. It was advertised in the Broome Advertiser on Thursday 6 July 2023.

STATUTORY ENVIRONMENT

NIL

POLICY IMPLICATIONS

NIL

FINANCIAL IMPLICATIONS

The implementation of the Master Plan has been estimated at $66,322,000 excluding GST and includes a regional loading of 50%. This excludes any road upgrades on Gantheaume Point Road and the potential new north-south road access along the eastern boundary of the reserve. The high level cost report is attached as Attachment 4.

Racing infrastructure maintenance and renewal is the responsibility of the BTC. The Club will lead investigations and conduct feasibility studies into each project with the assistance of the Shire when required. This will include a funding strategy for significant infrastructure.

RISK

Shire officers and the BTC have been in regular contact throughout the development of the Master Plan, resulting in a strong and effective working partnership. The Master Plan 2023 aligns with both organisation’s vision and therefore provides an agreed blueprint for priorities and the future development at the site, decreasing the likelihood of barriers to implementation. Adjacent landowners and managers have been consulted, with feedback informing the final Master Plan.

The BTC have successfully delivered horse racing in Broome over a long period of time and the BTC racing calendar is one of the most anticipated events in Western Australia. The racing calendar attracts people from intrastate and interstate and delivers a substantial economic benefit to the Broome community. It is therefore critical that the Shire and the BTC continue to work together to implement the priorities of the Master Plan.

Risk

Type

Rank

Mitigation

If the Master plan is not endorsed this may affect grant funding opportunities due to lack of an endorsed strategy

Financial

Reputational

Medium

Master Plan is endorsed

The BTC do not implement the priorities and infrastructure continues to deteriorate

Financial

Reputational

Compliance

Service interruption

High

Master Plan priorities form milestones within a new lease agreement

Shire provides assistance with feasibility studies and business cases

Shire holds regular meetings with BTC to track progress of priorities and milestones

STRATEGIC ASPIRATIONS

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

Outcome 8 - Cost effective management of community infrastructure

Objective 8.1 Deliver defined levels of service to provide and maintain Shire assets in the most cost-effective way.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Endorse the Broome Turf Club Master Plan 2023;

2. Requests the Chief Executive Officer thank the Broome Turf Club for their efforts, contributions and collaboration through the master planning process; and

3. Requests the Chief Executive Officer to negotiate draft terms and milestones with the Broome Turf Club for a new lease, and present the lease formally to Council for consideration of endorsement.

Attachments

1.	Broome Turf Club Master Plan - Schedule of Submissions
2.	Broome Turf Club Master Plan Report
3.	Broome Turf Club Master Plan - Engagement Report
4.	Broome Turf Club Master Plan - Costings

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.2.3 Sanctuary Village Holiday Park and Key Worker Accommodation - Grant Endorsement
LOCATION/ADDRESS:	Lot 3130 Sanctuary Road, Cable Beach
APPLICANT:	Nil
FILE:	RES 51028
AUTHOR:	Special Projects Coordinator
CONTRIBUTOR/S:	Manager Community Engagement and Projects
RESPONSIBLE OFFICER:	Chief Executive Officer
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

In September 2023, the State Government announced that through the Infrastructure Development Fund the Shire was successful in securing $7,681 080 (excluding GST) in grant funding to assist with the headworks and some site works for the Sanctuary Road Caravan Park, Key Worker and Over 55’s Village Project. This item requests Council authorise the Chief Executive Officer to execute the grant agreement.

BACKGROUND

Previous Considerations

OMC 28 July 2022 9.2.3

OMC 22 August 2022 9.2.3

Management Order

The Shire of Broome has held a Management Order over Lot 3130 on Deposited Plan 32082 Sanctuary Road since 13 October 2011. The Management Order lists the purpose of the Reserve as ‘Caravan Park’, and consequently the Reserve is to be used for the designated purpose of ‘Caravan Park’ and for purposes ancillary or beneficial to that designated purpose only.

The site originally had an area of 13.5 ha which increased to 14.35ha following the amalgamation of an east-west portion of the unconstructed Oryx Road reserve. The site is bounded to the North by Unallocated Crown Land which is Lot 3129 on Deposited Plan 32082, to the East by an unconstructed extension of Fairway Drive, to the South by Sanctuary Road, and to the West by Oryx Road which is known as Lullfitz drive. The land is zoned ‘Special Use: Caravan Park’ under the Shire’s Local Planning Scheme No.7.

Figure 1: Subject site, Lot 3130 Sanctuary Road

A map of a neighborhood

Description automatically generated

As required under the terms of the Management Order the Shire submitted a Management Plan to the Minster of Lands for, detailing the development, management, and use of land within the Reserve. The plan allows for a 40% long stay and 60% short stay accommodation across the site in line with the Shire’s Caravan Parks and Camping Grounds Policy.

Business Case

In November 2021 the Shire engaged Brighthouse Consulting to develop a Business Case for the Sanctuary Road site which included:

· Financial viability of the project.

· Recommendations for length of tenure and lease rental terms.

· Opportunity for a staged development at the site.

· Costs associated with servicing the site e.g., electrical, water / sewerage, drainage etc.

· Ability of the development to address the current housing crisis, particularly for key workers.

· Opportunity to cater for over 55’s retirement housing.

Development costs of the site as proposed in the Business Case are estimated at $32,850,278 (2022). The purchase and installation of relocatable homes for Key Worker, over 55s Village and Tourist Cabins are estimated at $31,074,150. Total cost for the site including contingencies are estimated at $63,924,428 (2022).

The Business Case considered a split of accommodation across the site including:

· 91 self-contained residential homes (56 key worker and 35 over 55’s dwellings)

· 43 long stay caravan sites

· 286 short stay sites for caravans, camping and cabins

The Business case also stated that the configuration of the caravan park and design of relocatable park homes needed to allow for flexibility to adapt to market needs. The relocatable homes would need to transition between uses as the social and demographic demands change. This provides an opportunity to develop key worker homes as a priority and transition those dwellings to over 55s in the future.

The Business Case identified that sourcing grant funding from the federal or state government to assist in headworks and site preparation works would be beneficial. Grant funding increases investment attraction, decreases risk, expedites the timeline for completion and increases overall project viability.

COMMENT

Infrastructure Development Fund Grant

In 2023 the Shire applied for grant funding through the Department of Planning, Lands and Heritage’s (DPLH) Infrastructure Development Fund (IDF) to assist with funding the project. This grant funding was developed by the State Government to assist with unlocking regional worker accommodation opportunities. Funding objectives include:

1. Assist with the resolution of infrastructure or site constraints for projects delivering key worker housing in regional towns and communities;

2. Assist with the provision of housing for key workers in regional towns to help build and maintain sustainable regional communities; and

3. Support delivery of housing for low to moderate income households in non-mining industries

In September 2023 the WA State Government announced that the Shire was successful in securing $7,681,080 (exc. GST) through the IDF. As a new grant program it has taken some time to liaise with the grant officers over the grant agreement and conditions; a first draft was received mid December 2023. Shire offices have reviewed the draft agreement and requested several changes to better align it with project delivery. This agenda item requests Council to authorise the Chief Executive Officer to execute the agreement.

Grant Conditions

Grant conditions for the IDF grant are included in Confidential Attachment 1.

Key Worker Definition

Part of the grant conditions require DPLH be supplied controls on the allocation of Key Worker Accommodation. In November 2023, following the announcement of grant funding, the Shire engaged Brighthouse Consulting to develop key worker allocation mechanisms for inclusion in the Request for Tender (RFT) documents.

Draft individual eligibility requirements include:

· Individuals are employed in an occupation that services the community;

· Individuals are employed and paid by an organisation based in the Broome area for a minimum of 30 hours per week;

· Individuals do not own a residential dwelling within 50 kilometres of the Sanctuary Village Holiday Park;

· Individuals on low to moderate household incomes are given preference.

Draft organisational eligibility requirements include:

· Provide services to the community and not solely the resources sector;

· Generate local employment in the town of at least one permanent position consisting of a minimum of 30 hours per week. Self-employed people may apply where the majority of their income is derived from their business.

· Require their employees to provide the requested details of all household members as part of an employee’s housing application; and

· Demonstrate that any residential dwelling currently owned by the organisation in the town are, and will continue to be, used for housing their employees.

In addition to the eligibility requirements, it is also proposed that a prioritising process be used on waitlisted applicants in order to further align the use of residential dwellings with the intended grant funding outcomes. A draft prioritising process is outlined below, with applications prioritised in order from 1 to 6.

1. Low to Moderate income eligible individuals and households who are seeking a tenancy in their own right

2. Organisations (other than government organisations) seeking leases for their eligible tenants

3. High income eligible individuals

4. Government agencies or employers that do not participate in GROH (Government Regional Officer Housing) or WACHS (Western Australia Country Health Services) housing programs

5. Government agencies or employers that participate in GROH or WACHS housing program

6. Companies primarily providing services to the resources sector

It is important to note that RFT respondents will be required to address the draft key worker eligibility requirements in their response submissions.

Residential Dwelling Usage

The 2022 Business Case and Business Plan described a mixed development consisting of a variety of short stay sites caravan and camping sites along side residential Key Worker and Over 55’s Villages. The Business Case noted the consistency in design of these villages, allowing for flexibility as to their use. The IDF grant requires that all residential dwellings are used as key worker accommodation for a period of 10 years, following which they may be utilised as an Over 55’s Village.

Government Regional Officer Housing (GROH)

The grant agreement also states that GROH are to be given the opportunity to lease 20 of the 91 residential dwellings.

Name Change

This project has previously been referred to as: Sanctuary Road Caravan Park, Key Worker Accommodation and Over 55’s Village. For marketing and project alignment purposes, it is recommended that the project will now be referred to as: Sanctuary Village Holiday Park and Key Worker Accommodation.

Next Steps

The Shire is aiming to release a RFT for the development and lease of the Sanctuary Village Holiday Park and Key Worker Accommodation site in March 2024.

The RFT will be open for 12 weeks. Internal assessments will be completed by Shire officers and the final RFT decision will be tabled with Council for consideration in July / August 2024.

Shire Officers are currently seeking quotes for the detailed design of Headworks – power, water and sewer. It is intended to start this design work following execution of the grant agreement. Shire Officers will oversee construction of these headworks, which is intended to commence following confirmation of a site Developer/Operator.

CONSULTATION

The Shire has engaged Brighthouse Consulting to provide professional advice for the project.

Officers have consulted with DPLH in the finalisation of the IDF grant agreement.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Caravan Parks and Camping Grounds – Maximum Number of Sites Of a Particular Type That May Be Used at a Facility

FINANCIAL IMPLICATIONS

Following the signing of IDF grant agreement the Shire will be eligible to receive a series of milestone funding payments up to a maximum of $7,681,080 (exc. GST) Grant conditions are detailed in the confidential Attachment 1. Apart from Shire in-kind project management support for the delivery of site headworks, all other costs associated with the development of the Sanctuary Village Holiday Park and Key Worker Accommodation are to be borne by a third party site Developer/Operator.

RISK

Risk	Type (Health, Financial Impact, Service Interruption, Compliance, Reputational, Property Environment)	Rank (based on measures of consequence and likelihood)	Mitigation
No suitable submission received during the Request for Tender period	Financial Reputational	Medium	Brighthouse Consulting have been engaged to assist with the development of the RFT and provide expert advice during the tender phase. Grant conditions reduce the financial risk to the Shire and the DPLH if no submissions are received.
Shire can not meet grant conditions included in the IDF grant	Compliance	Medium	Shire officers have worked with DPLH to review grant conditions and align them with the project.
Projected timeframes are not met	Financial, Reputational	Medium	Officers have worked with DPLH to ensure milestones included in the IDF grant can be met. DPLH have indicated that grant extensions can be sought if required.

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

REPORT RECOMMENDATION:

That Council:

1. Note that conditions of the Infrastructure Development Fund (IDF) grant agreement require all residential dwellings be used as key worker accommodation for a period of 10 years, following which they may be utilised as an Over 55’s Village.

2. Authorises the Chief Executive Officer to sign the IDF grant agreement with the Department of Planning, Lands and Heritage for $7,681,080 excluding GST;

3. Requests the Chief Executive Officer proceed with advertising the Request for Tender for the development and lease of the Sanctuary Village Holiday Park and Key Worker Accommodation.

Attachments

IDF Funding Agreement (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)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.2.4 Town Beach Foreshore Management Plan Adoption
LOCATION/ADDRESS:	Reserve 31340 Robinson Street
APPLICANT:	NA
FILE:	PLA09
AUTHOR:	Director Development Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Chief Executive Officer
DISCLOSURE OF INTEREST:	NA

SUMMARY:

Council is requested to consider adoption of the Town Beach Management Plan with amendments resulting from consultation

BACKGROUND

Previous Considerations

Town Beach is a significant location for Broome locals and for tourists to the town, with an important role in recreation, culture and heritage. The Staircase to the Moon draws thousands of visitors each year, the children’s water park and playground are highly popular and regular night markets attract large crowds. The area is also popular with smaller recreational boating having a dedicated boat ramp and associated parking. Significant investment has been made in improving the Town Beach precinct, with a new Jetty, parklands and rock revetments constructed to facilitate high levels of use.

The precinct is also important from both an indigenous and non-indigenous heritage perspective and provides facilities for dining at the café and accommodation options at the Roebuck Bay Caravan Park.

The coastal risks affecting the Town Beach Foreshore were identified through a Coastal Hazard Risk Management Adaptation Planning (CHRMAP) process, which was formally adopted by Council in September 2017. This report identified an ‘extreme’ risk of coastal erosion at Town Beach reserve and the Roebuck Bay Caravan Park (RBCP) by 2040. Furthermore, thirteen assets were identified within the coastal compartment with three asset types (economic, environmental and social) identified. The consequence of erosion on these assets was further identified and rated.

Other key projects identified and delivered within the Town Beach Precinct from the CHRMAP recommendations include the significant rock revetments protecting Town Beach and the new jetty from erosion and coastal processes.

This risk of coastal erosion was based on a previous study of Coastal Vulnerability (CVS) for the Broome townsite completed in 2015 and adopted by Council in 2016 which described coastal erosion ‘hazard lines’ dissecting the Roebuck Bay Caravan Park. These planning allowances for coastal processes were based on procedures outlined in the State Coastal Planning Policy.

Geotechnical studies along Town Beach were recommended in the CHRMAP to confirm the ‘structure and extent of rock along the shoreline’ to inform coastal erosion risk and design of potential adaptation concepts.

The Shire of Broome engaged Consultants Seashore Engineering who produced the Town Beach Geotechnical Investigation and Coastal Adaptation Options Assessment Report. This report, completed in 2015, identified the preferred coastal adaptation concept based on the ‘Accommodation’ of coastal hazards through design and management strategies to mitigate risk. This report was approved and consequently this approach to risk management was approved.

In terms of shoreline stability, the assessment notes that the sandy coastline (excluding the Pindan headland) has been stable over the past 50 years. The report states that “with the exception of a potential acceleration of erosion due to sea level rise and the potential for severe storm erosion, the sandy coastline is likely to retain that stability over at least the next 20 years. Future shoreline behaviour would be subject to the usual inter-annual variation in mean sea level, high tide occurrence and cyclone frequency and characteristics”. The risk assessment concluded the “extreme” level of erosion risk to the Town Beach reserve and Caravan park identified in the CHRMAP because these are constructed on erodible material within or adjacent to the foreshore area identified as being vulnerable to erosion in a severe cyclone coinciding with high tide.

Due to these identified risks the CHRMAP recommended the development of a Foreshore Management Plan for Town Beach to implement the findings relating to land use and management. Council subsequently budgeted for the preparation of the Town Beach Foreshore Management Plan (the Plan).

The Foreshore Management Plan covers an area colloquially known as Town Beach. It extends across Reserve 31340 and extends in front of the caravan park to the western boundary of the reserve. The Study Area does not include the portion of the reserve subject to the caravan park lease, nor the Unallocated Crown Land on the seaward side of Reserve 31340. It is noted that portions of the study area are very narrow, resulting in some difficulties for ongoing holistic management. The broad extent of the Study Area is shown below. The Study Area includes consideration given to a suitable link from the foreshore to Demco Beach.

A scope of works was developed for the preparation of the Plan and a Request For Quotation was released, resulting in the appointment of relevant consultants. Two consultants working along separate aspects of the plan were successful with their joint submission.

Initial community engagement was undertaken from October 2022 until December 2022 to determine the values and aspirations of the community for Town Beach, and the consultants also undertook research into the history, geology, heritage, land tenure and coastal processes to inform the draft Plan.

Key outcomes of the preliminary engagement include a strong association with and significance to locals of Town Beach, a desire to protect existing values and character, and a strong desire to maintain the low key recreational use of the Reserve.

Community engagement consisted of a range of engagement activities that are detailed below under ‘Consultation’.

Based on this community engagement and analyses, the draft plan was prepared and delivered to officers in June 2023. A summary of the engagement is included in the plan.

The draft plan assessed and addressed a range of issues:

· Existing leases

· Local Planning Framework

· Land Use

· Heritage

· Climate and Weather

· Topography, geology, land form

· Vegetation

· Coastal processes

This assessment results in a series of Management Actions under the following areas:

· Access and Public Use

· Coastal Processes

· Facilities and Amenities

· Conservation and Environmental Management

· Planning, Tenure and Heritage

Additional engagement was undertaken once the draft Plan was released, including a presentation to the Yawuru Prescribed Body Corporate (PBC). Feedback received during this workshop was incorporated into the Draft Plan in preparation for formal advertising. Formal advertising of the Draft Plan was undertaken over the month of November 2023, and this is also summarised in the consultation section below.

In summary, among many relatively operational objectives, key recommendations of the Draft Plan are:

· Building a footpath to define the private public interface between the caravan park and foreshore reserve

· Stairways from the path to direct pedestrians and provide access to the beach

· Focus on Protection of the Pindan Headland to protect integrity of this landscape feature

· Removal of debris and rubble previously dumped on site

· Stormwater management should be improved to reduce erosion and ensure removal of nutrients and gross pollutants

· Include interpretation of cultural aspects of the study area, especially the Pindan Headland

· Extending the grass area from the café to the Pindan Headland to provide additional passive recreation

· Tree planting to provide shade to the extended grassed area

· Include, conceptually, a pedestrian link around the Pindan Headland for further consideration

· Definition of the interface between the lawned areas and beach areas, including consideration of a formal structure such as a retaining wall or rock edging

· Amend Town Planning Scheme and Land Tenure to align with land uses.

The Town Beach Foreshore Management Plan report is attached as Attachment 1 with the Plan attached as Attachment 2.

COMMENT

The Town Beach Foreshore Management Plan has been prepared with a sound background of scientific data, a comprehensive community engagement process, and understanding of existing land uses. The plan provides for clear recommendations to manage use, access, development and management of coastal process risks.

The recommendations are not, however, prioritised or evaluated for priority, and Council will need to further consider how the recommendations can be prioritised and implemented, as this requires consideration of external factors such as which of the recommendations would attract additional funding, which are critical to asset preservation, and which will provide improved amenity to the community. These issues need further consideration.

It is recommended that the plan be adopted by Council, with some minor changes resulting from community engagement (see Consultation section), with prioritisation being assessed and reported back to Council, taking into consideration available funding, grant opportunities, risk and amenity.

CONSULTATION

The Town Beach Foreshore Plan was developed in accordance with a Stakeholder and Community Engagement Plan that was prepared to guide engagement, and included consultation prior to development of the Plan.

Key objectives of the Engagement plan include:

1. Identify, inform and involve stakeholders in the process

2. strengthen shared values and processes between stakeholders

3. communicate the limitations and potential of the process

4. confirm community values and attitudes to foreshore use

5. inform the community on how community values and issues have been responded to

6. provide a process that will engender confidence in the Council that the resultant FMP Reflects established community visions

7. avoid misinformation relative to the process and outcomes.

Implementation of this plan included workshops, face to face stakeholder meetings, on site engagement with the community, a community survey and media and social media reporting. Results from engagement are captured in the Plan.

Engagement with Yawuru PBC (law bosses) occurred on 14 September 2023 and provided support along with the following comment:

· Building a footpath to define the private public interface between the caravan park and foreshore reserve is supported

· Stairways from the path to direct pedestrians and provide access to the beach are a priority

· Protection of the Pindan Headland is preferred over allowing continued erosion and degradation

· Debris and rubble dumped on site should be removed as a priority, subject to protection of the Pindan Headland

· Stormwater management should be improved to ensure removal of nutrients and gross pollutants

· Elimination of stormwater erosion should be prioritised

· The plan should include a recommendation to include interpretation of cultural aspects of the study area, especially the Pindan Headland

· Extending the grass area to provide additional passive recreation (option 2) is supported

· Tree planting to provide shade to the extended grassed area is a priority and is also supported for existing grassed areas

· The concept of a boardwalk around the Pindan Headland isn’t opposed but requires further assessment and engagement with Yawuru

The plan was amended to reflect these changes prior to advertising for public comment.

Advertising of the draft plan included a number of consultation strategies to gauge support or comment.

· Public notice on the website from 8/11/2023 to 2/11/2023.

· Appeared Shire News (Broome Advertiser) on 9/11/2023

· Facebook, Instagram and Linked In posts 8/11/2023 and 28/11/2023

· Attendance at Broome Markets 25/11/2023

· Engagement with Discovery Parks

Four written submissions were received during the engagement process. These are attached as Attachment 3 – Schedule of Submissions.

Two of these submissions focussed on the need to ensure dinosaur trackways are protected. While the plan does not cover the intertidal zone, and none of the recommendations contain any specific outcomes outside the study area, the plan should reference the trackways and if possible include the location of the trackways in the plan.

The Dinosaur Coast Management Group has provided this data, though it is relatively course and not able to be readily presented on the Plan. None of the specific recommendations impact on the location of potential trackways. It is therefore proposed to include notations in the report and plan that clarify that further investigation is required for any aspect of the plan that may impact on dinosaur trackways.

One of the submissions was highly supportive of the recommendations in the plan. The last submission was supportive of some elements and unsupportive of others. There are no specific outcomes resulting from these submissions.

Discovery Parks provided written support for the plan, with recognition that the plan will provide benefits for the community as well as caravan park guests. This comment particularly supports protection of the Pindan Headland, and also indicated that footpaths on the foreshore reserve will likely increase pedestrian access, potentially increasing unauthorised entry into the caravan park that will need resolution.

This concern can be addressed by inclusion of notation in the report and plan on the need for safety measures to effect minimisation of unauthorised access. Any proposal to improve the delineation between public land and leased land to minimise unauthorised access would be the leaseholders responsibility in accordance with lease provisions.

The desire for a coastal pathway was clearly included in lease documents and the leaseholder is aware that this was an aspiration for the foreshore.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Land Administration Act 1997

Local Planning Strategy 2023

Local Planning Scheme No 7

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Council’s Long Term Financial Plan has allocations related to both infrastructure and foreshore management.

Lease conditions provide clarity on the responsibilities of the leaseholder and Council. The lease includes revenue for Council for implementation of aspirational recommendations or outcomes of the Plan such as coastal pathways. Requirements for items such as fencing or signage would be the responsibility of the leaseholder.

RISK

Reputation Risk

The community may perceive that any objection to the implementation of the recommendations in the Plan may detrimentally impact on community safety. The CHRMAP and lease conditions provide a clear imprimatur for addressing issues addressed by the Plan. This can be addressed through clear communications.

STRATEGIC ASPIRATIONS

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

Outcome 5 - Responsible management of natural resources

Objective 5.1 Mitigate climate change and natural disaster risks.

Actions 5.1.2 Facilitate coastal erosion control measures at Town Beach in accordance with the Foreshore Management Plan

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Adopt the Town Beach Foreshore Management Plan, subject to the following modifications:

a) Inclusion of notation in the report and plan on the need to consider dinosaur footprints and trackways for any recommendations impacting on the intertidal zone

b) Inclusion of notation in the report and plan on the potential need for safety measures to prevent unauthorised access to Roebuck Bay Caravan Park

c) Inclusion of notation in the report of the results of the community engagement undertaken for the draft Plan

2. Request the Chief Executive Officer present to Council the priorities from the report for implementation, considering factors such as funding, grant opportunities, risk and amenity improvements.

Attachments

1.	Attachment 1 - Town Beach Foreshore Management Plan Report
2.	Attachment 2 - Town Beach Foreshore Managment Plan
3.	Attachment 3 - Schedule of Submissions

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.4.5 AUDIT AND RISK COMMITTEE MINUTES - 20 FEBRUARY 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Manager Financial Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Council is requested to consider the recommendations of the Audit and Risk Committee to adopt the 2023 Compliance Audit Return (CAR), and adopt the budget amendments proposed through the 2^nd Quarter Finance and Costing Review (FACR) of the Shire’s budget for the period ended 31 December 2023.

BACKGROUND

Item 5.1 Compliance Audit Return 2023

Previous Considerations

Local governments are required to complete a compliance audit for the previous calendar year by the 31 March. The Department of Local Government, Sport and Cultural Industries (DLGSC) provides the questions each year with the compliance audit being an in-house self-audit that is undertaken by the appropriate responsible officer.

In accordance with Regulation 14 of the Local Government (Audit) Regulations 1996 the ARC is to review the CAR and is to report to Council the results of that review. The CAR is to be:

1. Presented to an Ordinary Meeting of Council;

2. Adopted by Council; and

3. Recorded in the minutes of the meeting at which it is adopted.

Following the adoption by Council of the CAR, a certified copy of the return, along with the relevant section of the minutes and any additional information detailing the contents of the return are to be submitted to the DLGSC by 31 March 2024.

The return requires the Shire President and the Chief Executive Officer to certify that the statutory obligations of the Shire of Broome have been complied with.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

Previous Considerations

SMC 11 July 2023 Item 5.4.1

ARC November 2023 Item 5.1

1^st Quarter Finance and Costing Review

The 1^st Quarter Finance and Costing Review was approved by Council at the OMC 14 December 2023. The Review contained a comprehensive list of budget amendments; of note, the 1^st Quarter Review included the following proposed amendments:

· an $85,000 increase in corporate services consultant expenditure during recruitment for key staff, to deliver the annual financial report, long term financial plan and 2024/25 annual budget, tied to statutory and organisation timeframes;

· a $20,000 increase in expenditure to continue the Civic Centre Audio Visual renewal. The 5 year project brief was approved in a prior budget but the ongoing renewal was not captured within the current budget;

· a $121,566 increase in budgeted interest on municipal investments, recognising favourable interest rates received on cash currently held;

· a $43,594 increase in statutory fees and taxes following a statutory review of superannuation.

· a $40,000 reduction in Tourism development funding expenditure as the budgeted applicant did not request funding this financial year;

· a net $22,000 increase in expenditure, after reassigning employee savings though vacancies to relief ranger services in order to maintain service levels during staff recruitment;

The net result of the Quarter 1 FACR forecast a budget deficit position of $129,196.

The net result of budget amendments previously endorsed by Council was a budget deficit position of $17,000 to 30 June 2024. This resulted in a total forecast budget deficit position of $146,196 to 30 June 2024.

This net result excluded an organisational saving (surplus) of $52,809.

The overall result indicated a total deficit position to 30 June 2024 of $93,387, which included the budget amendments already adopted through Council in 2023/24.

Quarter 2 Finance and Costing Review

The Shire of Broome has carried out its 2^nd Quarter Finance and Costing Review (FACR) for the 2023/24 financial year. This review of the 2023/24 adopted Annual Budget is based on actuals and commitments for the first six months of the year from 1 July 2023 to 31 December 2023, 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 2023/24 Annual Budget was adopted at the Special Meeting of Council (SMC) on 11 July 2023 as a balanced budget.

COMMENT

Item 5.1 Compliance Audit Return 2023

The DLGSC continues to focus on high risk areas of compliance and statutory reporting as prescribed in Regulation 13 of the Local Government (Audit) Regulations 1996.

The CAR for the period 1 January to 31 December 2023 comprises a total of 94 questions. The questions are the same as the previous year.

The key focus areas covered in the CAR are as follows:

Focus Area	2022 Q’s	2023 Q’s	Comments
Commercial Enterprises by Local Governments	5	5	No change.
Delegation of Power/Duty	13	13	No change.
Disclosure of Interest	25	25	No change.
Disposal of Property	2	2	No change.
Elections	3	3	No change.
Finance	7	7	No change.
Integrated Planning and Reporting	3	3	No change.
Local Government Employees	5	5	No change.
Official Conduct	4	4	No change.
Optional Questions	9	9	No change.
Tenders for Providing Goods and Services	22	22	No change.
Total	94	94

During 2023, responsible officers monitored compliance in each of the focus areas through the Shire’s cloud-based compliance system, Attain. This has continued to increase the awareness of compliance obligations and allowed the capture of compliance evidence in one central repository throughout the year. This compliance system reduces the risk of non-compliance and streamlines compilation of the annual return.

A compliance rating of 98% has been achieved for 2023 with one minor non-compliance identified below.

Focus Area

Question

Comments

Tenders for Providing Goods and Services

Did the local government's procedure for receiving and opening tenders comply with the requirements of Local Government (Functions and General) Regulations 1996, Regulation 15 and 16?

Reg 15 - For the following publicly invited tenders, RFT23/03, RFT23/04, RFT23/05, Statewide Notice was provided in Vendor Panel, The West Australian, Broome Advertiser and Public Noticeboards. However, notice on the Shire Website was overlooked. Non compliance with F&Gr15 (1)(a)

Reg 16 - compliant

The CAR result continues the Shire’s strong history of compliance with the requirements of the Local Government Act (1995), with minimal non compliances reported over the last 5 years and none of a significant risk nature.

It is important to emphasise that the CAR is limited in scope.

Local Governments are also required to comply with upwards of 200 other pieces of legislation. The use of the Attain compliance system during 2023 provided the ability to continually improve the monitoring and assurance of other significant pieces of legislation on a prioritised basis.

Item 5.2 2nd Quarter Finance and Costing Review 2023-24

Council Approved budget amendments

The 1^st Quarter FACR was reviewed and approved by the Audit and Risk Committee and Council in November 2023, and also noted the budget amendments approved by Council since the adoption of the 2023/24 annual budget.

In instances where it is not practical to wait for the next quarterly FACR to seek Council approval, including time constraints, awarding contracts and new projects, budget amendments may be presented as stand-alone items to Council. For transparency, the following budget amendments have been approved by Council since the 1^st Quarter FACR:

OMC 14 December 2023 Item 9.1.1 – Sister City Relationship and Taiji Delegation 2023

The Council resolution from the 14 December 2023 Ordinary Meeting of Council (OMC) is captured below. The resolution resulted in a $5,000 deficit.

Council Resolution:

(Report Recommendation) Minute No. C/1223/001

Moved: Cr D Male Seconded: Cr P Taylor

That Council:

1. Approves a Council delegation to travel to Broome’s Sister City of Taiji, Japan in April 2024 for the purposes of cultural, historical, social and educational exchange.

2. Nominates the following Councillors to undertake the trip on behalf of Council:

a. Councillor Male

b. Councillor Virgo

c. Councillor P Matsumoto

3. Requests the Chief Executive Officer advise the Town of Taiji that a Broome Shire Council delegation will visit to coincide with the visit by St Mary’s College, Broome, in April 2024.

4. Approves a budget amendment to increase GL 100222900 Sister City Relations from $17,800 to $22,800, noting this will have a $5,000 deficit impact on the annual budget.

For: Shire President C Mitchell, Cr D Male, Cr P Matsumoto, Cr P Taylor and Cr M Virgo.

Against: Cr E Smith, Cr J Mamid and Cr J Lewis.

CARRIED BY ABSOLUTE MAJORITY 5/3

OMC 14 December 2023 Item 9.4.4 – 2024 Extraordinary Election

The Council resolution from the 14 December 2023 Ordinary Meeting of Council (OMC) is captured below. The resolution resulted in a $31,909 deficit (excluding GST).

Council Resolution:

(Report Recommendation) Minute No. C/1223/002

Moved: Shire President C Mitchell Seconded: Cr D Male

That Council:

1. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 23 March 2024 extraordinary election;

2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995, that the method of conducting the 23 March 2024 extraordinary election will be as an in-person election; and

3. Approve a budget amendment of $35,100 including GST to expense account 100240400 Election Expenses Op Exp – Members, noting this will result in a deficit position given the 2023/24 Annual Budget was adopted as a balanced budget.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto,

Cr E Smith, Cr M Virgo, Cr P Taylor

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

OMC 14 December 2023 Item 9.2.3 – Regional Resource Recovery Park (RRRP) - Service Arrangements

The net impact on municipal funds in 2023/24 is $0, as the budget amendments offset each other ($770,000 income and $770,000 expenditure). An agenda item was presented to full Council, outside of the FACR process, to permit officers to commence procurement and works, as the project transitions from the Design Phase to Project Delivery Phase. Council resolved the following:

Council Resolution:

(Report Recommendation) Minute No. C/1223/003

Moved: Cr M Virgo Seconded: Cr E Smith

That Council:

1. Authorises the Chief Executive Officer to undertake tender exempt procurement of power infrastructure for connection of the Regional Resource Recovery Park to Horizon Powers electrical network up to a maximum value of $670,000.

2. Approves a budget amendment of $770,000 to expense account 101897, funded through a transfer from the RRRP Reserve account 100010020 of $770,000.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto,

Cr E Smith, Cr M Virgo, Cr P Taylor

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

SMC 21 December 2023 Item 5.4.1 – Audit And Risk Committee Minutes - 19 December 2023

The 2022/23 audited Annual Financial Report presented the audited opening position for the 2023/24 annual budget, allocation of untied funds as specified in the resolution, and budget adjustments necessary to carry forward the remainder of funds required to support ongoing projects. Due to the timing of receiving the audited Annual Financial Report, an SMC was held. The Council resolution from the 21 December SMC is referenced below:

Council Resolution:

(Report Recommendation) Minute No. C/1223/004

Moved: Cr D Male Seconded: Cr P Taylor

That Council:

1. Receive the Chief Executive Officer’s report relating to the audit.

2. Receive the:

(a) Audited Annual Financial Report as per Attachment 1 of the Audit and Risk Committee minutes from the 19 December 2023 meeting;

(b) Audit Opinion Letter as per Attachment 2 of the Audit and Risk Committee minutes from the 19 December 2023 meeting;

(c) Audit Management Report as per Confidential Attachment 3 of the Confidential Audit and Risk Committee minutes from the 19 December 2023 meeting; and

(d) Management Representation Letter as per Attachment 4 of the Audit and Risk Committee minutes from the 19 December 2023 meeting.

3. Adopt the Audited Annual Financial Report dated 14 December 2023 and the Audit Management Report for the year ended 30 June 2023 as per Attachment 1 and 4 of the Audit and Risk Committee minutes from the 19 December 2023 meeting.

4. Confirms the allocation of the net surplus from the 2022/23 financial year as per Attachment 1 – Carry Over Projects to 2023/24, with the balance of $1,280,646.

5. Approves an allocation of $397,211 of net 2022/23 surplus to the Public Open Space Reserve, allocated to the Cable Beach Foreshore Redevelopment project, to offset reductions arising from 2022 Annual Financial Report closing position Public Open Space Reserve adjustments.

6. Approves the allocation of the remaining $883,435 of net 2022/23 surplus to reduce planned 2023/24 borrowings required for the Cable Beach Foreshore Redevelopment project.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto,

Cr E Smith, Cr M Virgo, Cr P Taylor

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

SMC 21 December 2023 Item 6.1 – RFT 23/12 Cable Beach Foreshore Redevelopment Stage B1 and 1A

The net impact on municipal funds in 2023/24 is $0, as the budget amendments offset each other ($3,146,491 income and $3,146,491 expenditure). An agenda item was presented to full Council, outside of the FACR process, to accept the tender. Council resolved the following:

Council Resolution:

(Report Recommendation) Minute No. C/1223/005

Moved: Cr P Taylor Seconded: Cr D Male

That Council:

1. Note the recommendation in the Evaluation Report for RFT 23/12 Cable Beach Foreshore Redevelopment Stage B1 as presented in Attachment 1;

2. Accepts the Tender provided by CMA Contracting Pty Ltd as the most advantageous Respondent from which to form a Contract for both Stage B1 and 1A, after final contract negotiations for RFT23/12 Cable Beach Foreshore Redevelopment.

3. Authorises the Chief Executive Officer to negotiate and sign the contract documentation for Stage B1 and 1A, following final contract negotiations and the appropriate financial due diligence, and to negotiate minor contract variations required during the contract period, if necessary;

4. If a Contract cannot be executed or grant funding reallocations are not authorised for Stage B1 and 1A, authorises the Chief Executive Officer to negotiate and sign the contract documentation for Stage B1, following final contract negotiations and the appropriate financial due diligence, and negotiate minor contract variations required during the contract period, if necessary;

5. Approve a budget amendment of $80,000 Ex GST to Income Account CB101 to reflect the Road Project Grant increase for 2023/24;

6. Approve a budget amendment of $80,000 Ex GST to Expense Account CB01 to reflect the Road Project Grant increase for 2023/24;

7. Approve a budget amendment of $2,100,000 Ex GST to Income Account CB103 to reflect the additional Preparing Australian Communities Grant drawn down;

8. Approve a budget amendment of $2,100,000 Ex GST to Expense Account CB03 to reflect the additional Preparing Australian Communities Grant drawn down;

9. Approve a budget amendment of $966,491 Ex GST to Income Account CB110 to reflect the Phase 4 Local Roads and Community Infrastructure Grant allocation;

10. Approve a budget amendment of $966,491 Ex GST to Expense Account CB10 to reflect the Phase 4 Local Roads and Community Infrastructure Grant allocation.

For: Shire President C Mitchell, Cr D Male, Cr P Matsumoto, Cr P Taylor, Cr M Virgo, Cr E Smith and Cr J Mamid.

Against the Motion: Cr J Lewis.

CARRIED BY ABSOLUTE MAJORITY 7/1

1 July 2023 Opening Position and FAG’s Overpayment

The Shire receives a significant allocation of untied funds each year through an annual Financial Assistance Grant (FAG). FAG’s is untied grant funding, meaning it can be used for any purpose that supports the operations of the Shire of Broome. FAG’s is split into allocations for general purpose and roads rather than a specific project or purpose.

The budgeted allocations for each financial year, and any advance payments received, are estimates based on prior years. Historically 50% of FAG’s is paid in advance by the Commonwealth, and subsequently the State through the WA Grants Commission. The remaining 50% is typically received in the following financial year.

The announcement of the Federal Budget in May 2023 highlighted that there would be no advance payments of the 2023/24 grant allocation. Based on this announcement, the Shire’s 2023/24 annual budget accounted for receipt of the full grant allocation within the 2023/24 financial year.

Advice on the final FAG’s allocation for each local government is provided in August each year, and requires a budget amendment to reflect the actual amount to be received that financial year. Advance payments are typically captured within the closing position of the prior year, and it is the responsibility of each individual local government to manage the cashflow implications of the grant at the time it is received.

Despite previously advising that no advance payment of FAG’s would occur, the Commonwealth made a late decision to allocate advance payments following pressure from lobbying organisations nationwide (Attachments 5 and 6). Consequently the Shire received a significant advance FAG’s payment of $2,643,234 of the 2023/24 allocation ($2,781,315) on 30 June 2023. This has resulted in a surplus within the 2023/24 opening position.

It should be noted that the budget for 2023/24 was based on the prior year’s allocation of $2,496,613.

Despite paying $2,643,234 in advance the Commission advised that the Shire of Broome’s 2023/24 FAG’s allocation has been overpaid by $341,946 (Attachment 7).

Budget adjustments are therefore necessary to balance out the variances in both the value of the allocation, the timing of receipt of the funding and the overpayment of the 2023/24 allocation. These amendments are summarised in the tables below. It is noted that this is purely to capture the budget impact of receipting this income source.

	General	Roads	Total allocation
Advance payment in 2022/23	1,967,904	675,330	2,643,234
Remaining grant to receive in 2023/24 (A)	82,975	55,106	138,081
Total 2023/24 Grant Allocation	2,050,879	730,436	2,781,315
2023/24 Budget (B)	1,859,543	637,070	2,496,613
Budget amendment required (A-B)	- 1,776,568	- 581,964	- 2,358,532

The 2023/24 FAG’s allocations were based on the grant recommendations for the 2022/23 financial year with indexation in line with the increase in overall grant allocation to the State of Western Australia. This was an unexpected and unprecedented upfront payment amount. The Grants Commission is legislatively obligated to pay the full advance to local governments.

As the Commonwealth Government’s allocations vary to that of the WA Grants Commission this created over and under payments to local governments. The Grants Commission is required to follow legislative requirements to distribute the Financial Assistance Grant and does not have legislative authority to recoup from the subsequent quarterly payments throughout 2023/24. Nor would there have been enough in the pool to allow for this.

To effect a recoup, local governments that were overpaid in 2023/24 will have their 2024/25 Financial Assistance Grant reduced by the 2023/24 overpayment amount. Conversely, local governments that were underpaid will have their 2024/25 Financial Assistance Grant increased by the underpayment amount.

As the Shire has received an overpayment in 2023/24 the Commission has advised that the 2024/25 FAG’s allocation will be reduced by the overpayment amount ($341,946).

Historic allocations of FAG’s (smoothing out the effects of advance payments) show the Shire of Broome receives a smaller allocation every financial year, despite advice that the funding pool is increasing through indexation, and against the rising costs of all expenses required to maintain operations. Excluding the effect of the overpayment, the 2023/24 allocation was $57,244 less than the 2022/23 allocation, and the 2024/25 allocation is expected to follow a similar trend.

Considering the declining value of annual FAG’s allocations officers suggest the overpayment of 2023/24 be quarantined in the Restricted Cash Reserve to support the 2024/25 operating budget as intended. The alternative is to offset current budget requirements, which will adversely impact the capacity for service delivery in the 2024/25 budget.

An unintentional effect in the closing position for 2022/23 was the $138,081 overstatement of the FAG’s advance payment; the advanced funding was stated as $2,781,315 in the closing position however this figure represents the entire 2023/24 FAG allocation. The advance payment was $2,643,234 with $138,081 to be received in 2023/24. The remaining $138,081 to be received in 2023/24 offsets the $57,244 decrease to the budgeted FAG allocation. This is due to the estimate of FAG’s to be received in 2023/24 being less than the amount received in 2022/23. The $80,837 variance can be considered “untied” surplus. Officers recommend that this surplus is used to offset the current deficit.

"Tied" surplus (FAG's)	2,781,315
Advance Payment 30 June 2023	-2,643,234
"Untied" portion of opening surplus 1 July 2023	138,081
FAG's grant allocation less than budgeted 2023/24	-57,244
Remaining surplus available for redistribution	80,837

Grant funding received from the Department of Planning Lands and Heritage (DPLH) for the McMahon Estate project ($200,000) was budgeted for 2023/24, but received in 2022/23. The advance payment of this grant was accounted for in the final closing position for 2022/23, and a budget amendment is now required, as we no longer anticipate receipt of this grant within 2023/24.

The impact of these budget adjustments against the current budget surplus, is presented in the table below. Noting that the current surplus is the result of the advance payment of FAG’s and the McMahon Estate Grant. Officers recommend that the untied surplus mentioned in the previous table is used to offset the current budget deficit of $398,632.

*Audited Opening Position at 1 July 2023 (increase)*	2,138,370
Adjustments to Carry Over budgets	2,123,591
Net surplus available - transfer to POS Reserve	(397,211)
Net surplus available - reduction of Cable Beach proposed borrowings	(883,435)
Surplus remaining, including $200,000 McMahon Estate grant received in advance and $2,781,315 FAG’s received in advance	2,981,315
*Council approved budget amendments total $130,296 deficit*
Net effect of FACR Quarter 1 budget amendments	(76,387)
BRAC Inflatable	(17,000)
Sister City Relationship and Taiji Delegation 2023	(5,000)
2024 Extraordinary Election	(31,909)
Council approved budget amendments reduced the closing position to:	2,851,019
*Proposed budget amendments*
FAG's budget amendment ($80,837 less than captured in closing position)	(2,358,532)
Transfer of FAG's overpayment to Restricted Cash Reserve	(341,946)
McMahon Estate - Grant received in advance	(200,000)
*Total*	$2,900,478
Current closing position $2,851,019 after accounting for grants, the deficit of $130,296 is reduced to:	(49,459)
Net effect of FACR Quarter 2 budget amendments	(268,336)
*Forecast closing position 30 June 2024*	(317,795)

Quarter 2 Finance and Costing Review

Responsible officers completed their individual reviews with Director consultation on 2 February 2024. FACR workshops were conducted the following week with Responsible officers and the Executive Management Group discussing the proposed budget amendments. The results from this process were reviewed through the Executive Management Group, and indicate a deficit forecast financial position of $268,336 should Council approve the Quarter 2 proposed budget amendments. The overall result, including the proposed amendments in the above table and amendments already endorsed through Council, indicates a net deficit position to 30 June 2024 of $317,795. This figure represents a budget forecast should all expenditure and income occur as expected.

While officers make every effort to ensure the net impact of each FACR is minimal, and offset savings and expenditure within their assigned budgets and directorates, this is not always achievable. The second quarter review has balanced the impact of the proposed variances within the full budget, including the following proposed amendments:

· a new fully-funded grant program - the Remote Chance Project has received $70,000 from the Kimberley Development Commission;

· a $43,000 increase in expenditure to finalise the Playground Strategy; timing of a change in the responsible officer for the project, a budget carry over was not requested, and the original budget estimate from 2021 was not adequate to cover the scope of the project;

· savings within the Community Sponsorship program, including $40,000 budgeted for Magabala Books (agreement has ended), and realignment of the Community Development Fund so that the timing of Stream 1 and 2 payments will be made from July 2024 ($62,100 saving);

· a $16,460 increase in statutory fees and taxes following a statutory review of superannuation;

· a $50,000 increase in budgeted interest on municipal investments, recognising favourable interest rates received on cash currently held;

· a $25,098 increase in insurance reimbursements (not offset by expenditure associated with claims) as credit for the finalisation of the 2022/23 wages declaration;

· a $65,000 increase in network expenditure, including CCTV repairs, bringing forward a 2024/25 project to investigate the future strategy and design for the management and maintenance of the CCTV network, and installation of security access control to the Shire’s server room;

· a net $237,303 decrease in commercial and residential property income resulting from commercial actuals tracking less than estimated, key staff vacancies and supplying housing for short-term contractor engagements.

A comprehensive list of accounts (refer to Attachment 4) has been included for perusal by the committee, presented by Directorate.

A summary of the results is as follows:

	SHIRE OF BROOME SUMMARY REPORT
	BUDGET IMPACT
	2023/24 Adopted Budget (Income)/ Expense	YTD Adopted Budget Amendments (Income)/ Expense	Grants received in advance (required Budget Amendments)	FACR Q2 Overall (Inc) / Exp	YTD Overall Position
Office of the CEO	$0	$7,000	$0	$27,226	$34,226
Corporate Services	$0	$37,028	$0	$13,688	$50,716
Development Services	$0	-$8,000	$0	$8,883	$883
Infrastructure Services	$0	$40,359	$0	$218,539	$258,898
Council approved budget amendments	$0	$53,909	$0	$0	$53,909
*Budget Amendments Sub-total*	$0	*$130,296*	$0	*$268,336*	*$398,632*
FAG's Grant received in advance	$0	-$2,781,315	$2,700,478	$0	-$80,837
McMahon Estate Grant received in advance	$0	-$200,000	$200,000	$0	$0
	0,000*	-$2,851,019	$2,900,478	$268,336	$317,795

*Council adopted the annual budget with a predicted end-of-year balanced budget, which included previous year carried forward surplus.

CONSULTATION

Item 5.1 Compliance Audit Return 2023

Department of Local Government, Sport and Cultural Industries.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

All amendments have been proposed after consultation with Executive and Responsible Officers at the Shire.

STATUTORY ENVIRONMENT

Item 5.1 Compliance Audit Return 2023

Local Government (Audit) Regulations 1996

14. Compliance audits by local governments

(1) A local government is to carry out a compliance audit for the period 1 January to 31 December in each year.

(2) After carrying out a compliance audit the local government is to prepare a compliance audit return in a form approved by the Minister.

(3A) The local government’s audit committee is to review the compliance audit return and is to report to the council the results of that review.

(3) After the audit committee has reported to the council under subregulation (3A), the compliance audit return is to be —

(a) presented to the council at a meeting of the council; and

(b) adopted by the council; and

(c) recorded in the minutes of the meeting at which it is adopted.

15. Compliance audit return, certified copy of etc. to be given to Departmental CEO

(1) After the compliance audit return has been presented to the council in accordance with regulation 14(3) a certified copy of the return together with —

(a) a copy of the relevant section of the minutes referred to in regulation 14(3)(c); and

(b) any additional information explaining or qualifying the compliance audit,

is to be submitted to the Departmental CEO by 31 March next following the period to which the return relates.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

Local Government (Financial Management) Regulation 1996

r33A. Review of Budget

(1) Between 1 January and the last day of February in each financial year a local government is to carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget; and

(d) include the following —

(i) the annual budget adopted by the local government;

(ii) an update of each of the estimates included in the annual budget;

(iii) the actual amounts of expenditure, revenue and income as at the date of the review;

(iv) adjacent to each item in the annual budget adopted by the local government that states an amount, the estimated end‑of‑year amount for the item.

(2) The review of an annual budget for a financial year must be submitted to the council on or before 31 March in that financial year.

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4) Within 14 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

[Regulation 33A inserted: Gazette 31 Mar 2005 p. 1048‑9; amended: Gazette 20 Jun 2008 p. 2723-4; SL 2023/106 r. 18.]

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

(a) is incurred in a financial year before the adoption of the annual budget by the local government;

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

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

(1a) In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

POLICY IMPLICATIONS

Item 5.1 Compliance Audit Return 2023

Nil.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

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 ($441,595) the Shire must formulate an action plan to remedy the over expenditure.

FINANCIAL IMPLICATIONS

Item 5.1 Compliance Audit Return 2023

Nil.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

The result of the Quarter 2 FACR estimates is a budget deficit of $268,336.

The net result of budget amendments previously endorsed by Council (including Quarter 1 FACR and carry over adjustments) is a budget deficit position of $130,296. Council’s approval of the Quarter 2 FACR will have an overall closing position deficit of $398,632 to 30 June 2024.

After budget adjustments to recognise the early receipt of the FAG’s and McMahon Estate Grants, and transferring the FAG’s overpayment to Restricted Cash Reserve to support the 2024/25 annual budget, there is a saving of $80,837.

Applying the saving of $80,837, the overall result indicates a total deficit position to 30 June 2024 of $317,795. This figure represents a budget forecast should all expenditure and income occur as expected.

RISK

Item 5.1 Compliance Audit Return 2023

There is a reputational risk with the DLGSC should the CAR not be completed on time or if significant non compliances are reported.

The likelihood of this occurring is rare.

Item 5.2 2nd Quarter Finance And Costing Review 2023-24

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 2024. 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.

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

Objective 13.1 Plan effectively for short- and long-term financial sustainability

VOTING REQUIREMENTS

Simple Majority

The recommendations from the Audit and Risk Committee meeting held on 20 February 2024 appear below for Council consideration.

COMPLIANCE AUDIT RETURN 2023 (5.1)

Simple Majority

COMMITTEE RECOMMENDATION 1:

That the Audit and Risk Committee recommends that Council:

1. Adopt the attached 2023 Compliance Audit Return as the official return for the Shire of Broome; and

2. Requests the Chief Executive Officer to submit the certified return and a copy of the minutes relative to this report to the Department of Local Government, Sport and Cultural Industries prior to 31 March 2024.

2ND QUARTER FINANCE AND COSTING REVIEW 2023-24 (5.2)

Absolute Majority

COMMITTEE RECOMMENDATION 2:

That the Audit and Risk Committee recommends that Council:

1. Receives the Quarter 2 Finance and Costing Review Report for the period ended 31 December 2023;

2. Adopts the operating and capital budget amendment recommendations for the year ended 30 June 2024 as attached (Item 5.2 / Attachment 4 of the Audit and Risk Committee Minutes);

3. Approve the following budget amendments:

(a) Decrease Account 100222180 McMahon Estate Grant Income by $200,000, noting that the funding was received in June 2023 and is contained within the 1 July 2023 opening position;

(b) Decrease Account 100303010 Financial Assistance Grant (general) by $1,776,568 and Account 101203050 Financial Assistance Grant (roads) by $581,964 (total $2,358,532 reduction), noting that the funding was received June 2023 and is contained within the 1 July 2023 opening position;

4. Recognise the overpayment of Financial Assistance Grant allocations in 2023/24 and transfer $341,946 to Account 100236960 Transfer to Restricted Cash Reserve.

5. Note that Financial Assistance Grant allocations in 2024/25 will be reduced by $341,946. $341,946 will be drawn from the Restricted Cash reserve in the 2024/25 annual budget.

6. Notes a forecast net end-of-year deficit position to 30 June 2024 of $317,795 including previously adopted budget amendments and the budget amendments in recommendation 3;

7. Endorses the Report as the 2023/24 statutory mid-year budget review.

Attachments

1.	Unconfirmed Minutes - Audit and Risk Committee Meeting

Agenda – Ordinary Meeting of Council 29 February 2024 Page 1 of 2

9.4.6 ENDORSEMENT OF COMMUNITY REPRESENTATION IN SHIRE WORKING GROUPS
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	CDE42, COM18, CEN04
AUTHOR:	Place Activation & Engagement Coordinator
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Chief Executive Officer
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Requests for Expressions of Interest (EOI) for the nomination of community representatives to three Shire Working Groups were open for a period of 7 weeks. This report consolidates the nominations and recommendations from Shire officers and requests Council endorse representatives per the Working Group Terms of Reference.

BACKGROUND

After the Ordinary Local Government Election on 21 October 2023, Council reassessed its representation across various committees and working groups. To facilitate this, a review of the operations and Terms of Reference (TOR) for Committees and Working Groups was conducted.

Council reviewed the revised TOR for Shire committees and working groups at the OMC on 16 November 2023. At this meeting, Council representatives were also appointed to the groups.

As part of the TOR reviews, an amendment was made outlining that Community representative membership would be renewed biennially through an EOI process.

Community representative positions are allocated to the following Shire Working Groups:

· Community Safety Working Group

· Arts and Culture Community Reference Group

· Cable Beach Community and Stakeholder Reference Group

In December 2023, following the TOR reviews, Shire officers contacted the current community representatives, informing them that their positions would reopen for nomination. Interested individuals were encouraged to reapply if they wished to continue their involvement.

The EOI period for community representative nominations was open from 10 December 2023 to 7 February 2024.

COMMENT

This report provides an overview of the three Shire Working Groups, outlines the nominations received via the EOI process, and the recommendations put forth by Shire officers.

Community Safety Working Group

The Community Safety Working Group was established on 29 July 2021. The purpose of the Community Safety Working Group is as follows:

· To oversee the implementation of the Shire of Broome Community Safety Plan 2021 - 2025, endorsed by the Council at the Ordinary Meeting of Council (OMC) on 25 March 2021

· To work in a collaborative manner with a common goal of ensuring the delivery of key Community Safety Plan initiatives

· To act as champions of the Community Safety Plan within the general community

· To receive updates and provide feedback on Shire community safety initiatives; and identify opportunities and trends in the community.

As per the TOR, there are a minimum of three community representative positions on the Community Safety Working Group.

The following table outlines the nominations for participation in the Community Safety Working Group, along with the recommendations from the Shire's officers. The Responses received from nominees have been collated in Attachment 1.

	Nominee	Previous representative	Officer’s recommendation
1	Andrew Chambers	Yes	Nominee is a previous representative who has actively contributed to meetings. Recommended to re-join the Working Group.
2	Kylie Brockenshire	Yes	Nominee is a previous representative who has actively contributed to meetings. Recommended to re-join the Working Group.
3	Lesley Westlake	No	Nominee has strong advocacy experience. Recommended to join the Working Group.
4	David Gibbs	No	Nominee has experience working in youth justice and law enforcement. Recommended to join the Working Group.
5	Liam Wright	No	Nominee has experience working with local youth and seniors. Recommended to join the Working Group.
6	Rachel Melville	No	Nominee has strong stakeholder management experience and is passionate about community safety. Recommended to join the Working Group.

Arts and Culture Community Reference Group

The TOR for the revived Arts, Culture, and Heritage Reference Group were presented to Council on 28 October 2021. It was recommended by Shire Officers that the group be reformed to assist with the development of an Arts, Culture, and Heritage Strategy, assist with community engagement, and provide advice to Council. The Arts and Culture Strategy (2023 – 2028) was developed and then adopted by Council at the OMC 27 July 2023.

During the review of the TOR the objectives of the group were updated to reflect the new Arts and Culture Strategy objectives and the group was appropriately renamed the Arts and Culture Community Reference Group.

The purpose of the Arts and Culture Community Reference Group is as follows:

· To oversee the implementation of the Shire of Broome Arts and Culture Strategy and Action Plan (2023 – 2028) by receiving updates and providing feedback

· To work in a collaborative manner with a common goal of ensuring the delivery of Arts, Culture, and Heritage initiatives

· To act as a conduit between the Shire of Broome, Council, and the community

In addition to the changes to the group's name and objectives further adjustments have been made to the TOR organisational membership, detailed below:

· North Regional TAFE has expressed interest in becoming an organisational member due to its extensive art program, and Shire officers recognise the value of their contribution to the group.

· Organisational members Regional Arts WA and Nyamba Buru Yawuru were incorporated into the TOR based on a report presented to the Shire Council in February 2022. However, an oversight occurred during the October 2023 reviews when a prior TOR, excluding these two organisations, was inadvertently reviewed.

Shire officers recommend the inclusion of North Regional TAFE, Regional Arts WA, and Nyamba Buru Yawuru in the TOR, as outlined in Attachment 2.

As per the TOR, there are three community representative positions on the Arts and Culture Community Reference Group.

The following table outlines the nominations for participation in the Arts and Culture Community Reference Group, along with the recommendations from the Shire's officers. The Responses received from nominees have been collated in Attachment 3.

	Nominee	Previous representative	Officer’s recommendation
1	Taryn Ryan	No	Nominee has experience in art therapy and visual art. Recommended to join the Working Group.
2	ChengCheng Meng	No	Nominee has a Bachelor of Arts and experience in publishing. Recommended to join the Working Group.
3	Clare Peake	No	Nominee has significant experience in the arts sector. Recommended to join the Working Group.

Cable Beach Community and Stakeholder Reference Group

The Cable Beach Community and Stakeholder Reference Group was established on 30 September 2021. The purpose of the Cable Beach Community and Stakeholder Reference Group is as follows:

· To provide input and feedback to the Shire of Broome and Council on the Cable Beach Foreshore Redevelopment construction progress

· To ensure the community and key stakeholders are appropriately engaged in the construction phase of the project

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

As per the TOR, the following representative positions have been advertised via the EOI process:

· Representatives of Traders in Cable Beach: Three members (one food /beverage, one tour operator, one accommodation)

· Representatives from Cable Beach residents: Two members

· Representatives from the Broome community: Two members

The following table outlines the nominations for participation in the Cable Beach Community and Stakeholder Reference Group, along with the recommendations from Shire officers. The responses received from nominees have been collated in Attachment 4.

	Nominee	Previous representative	Representative category	Officer’s recommendation
1	Adele Oliver	No	Community	Nominee is a long-term Cable Beach resident and is passionate about community-informed development. Recommended to join the Working Group.
2	Garry Waldron	Yes	Community	Nominee is a previous representative who has actively contributed to meetings. Nominee is a long-term Broome resident and is the deputy chair of Kimberley Regional Development Australia. Recommended to join the Working Group.
3	Julie Lax	No	Cable Beach resident	Nominee is a Cable Beach resident and is passionate about tourism and environmental protection. Recommended to join the Working Group.
4	Sam Fitzpatrick	No	Cable Beach resident	Nominee has a background in urban design, planning, and landscape architecture. Recommended to join the Working Group.
5	Martin Peirson - Jones	No	Food/beverage trader	Nominee is a long-term food and beverage trader in Broome. Recommended to join the Working Group.

CONSULTATION

The EOI nomination period was advertised via the following methods:

· Emails to existing community representatives

· Shire Facebook Page

· Shire Website: Public Notices

· Shire News: Broome Advertiser

· Shire E-newsletter

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Risk

Type

Rank

Mitigation

Concerns regarding the level of community engagement in Shire Working Groups

Reputational

Medium

The Shire Working Groups TOR encompasses organisations from various sectors in Broome. Additionally, multiple community representative positions have been incorporated to guarantee a broad range of perspectives and contributions.

STRATEGIC ASPIRATIONS

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

Outcome 12 - A well informed and engaged community

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council

1. Approves the revised Arts and Culture Community Reference Group Terms of Reference (Attachment 2);

2. Appoints the following additional stakeholders as member of the Arts and Culture Community Reference Group:

· North Regional TAFE

· Regional Arts WA

· Nyamba Buru Yawuru.

3. Appoints the following Community Representatives as members of the Community Safety Working Group:

· Andrew Chambers

· Kylie Brockenshire

· Lesley Westlake

· David Gibbs

· Liam Wright

· Rachel Melville.

4. Appoints the following Community Representatives as members of the Arts and Culture Community Reference Group:

· Taryn Ryan

· ChengCheng Meng

· Clare Peake.

5. Appoints the following Community and Stakeholder Representatives as members of the Cable Beach Community and Stakeholder Reference Group:

· Adele Oliver

· Garry Waldron

· Julie Lax

· Sam Fitzpatrick

· Martin Peirson – Jones.

Attachments

1.	Nominees for Community Safety Working Group
2.	Arts and Culture Community Reference Group TOR
3.	Nominees for Arts and Culture Community Reference Group
4.	Nominees for Cable Beach Community and Stakeholder Reference Group

· *LOA (Leave of Absence)*	· *NA (Non-Attendance)*
· *A (Apologies)*	· *R (Resignation)*
· *E (Attended Electronically)*

9.4.1 MONTHLY PAYMENT LISTING - DECEMBER 2023
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Coordinator Financial Operations
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

9.4.2 MONTHLY PAYMENT LISTING - JANUARY 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Coordinator Financial Operations
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

9.4.3 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - DECEMBER 2023
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Senior Finance Officer
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

9.4.4 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - JANUARY 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Senior Finance Officer
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

2.25. Disqualification for failure to attend meetings