Minutes of Special Meeting - Tuesday, 11 March 2025

Minutes – Special Meeting of Council 11 March 2025 Page 3 of 4

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Tuesday 11 March 2025, COMMENCING AT 5:00pm.

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

ATTENDANCE

Councillors:	Shire President C Mitchell	Shire President
	Cr D Male	Deputy Shire President
	Cr S Cooper
	Cr J Lewis
	Cr J Mamid
	Cr E Smith
	Cr M Virgo


Apologies:	Cr P Matsumoto

Leave of Absence:	Cr P Taylor


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Hall	Director Infrastructure
	Mr J Watt	Director Corporate Services
	Ms N Roukens	Acting Director Development and Community
	Ms R Doyle	Manager Governance, Strategy and Risk
	Ms T Pomery	Marketing and Communications Coordinator
	Mr A Clarke-Hale	Special Projects Coordinator
	Ms E Hallen	Senior Procurement and Risk Officer


Public Gallery:	Nil

3. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
		Nil

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
		Nil

4. Public Question Time

Nil

5. Reports From Officers

5.1 People

There are no reports in this section.

Minutes – Special Meeting of Council 11 March 2025 Page 4 of 5

5.2 Place

5.2.1 WALMANYJUN CABLE BEACH FORESHORE REDEVELOPMENT STAGE 2 - GRANT AGREEMENTS AND STEERING COMMITTEE
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	PLA98
AUTHOR:	Special Projects Coordinator
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Acting Director Development & Community
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

This report requests Council consider authorising the Chief Executive Officer to execute the funding agreements for the $26,361,852 Regional Precincts Partnership Program (rPPP) and the $9,000,000 Royalties for Regions (RfR) program. Further, Council is also requested to consider establishing and endorsing Terms of Reference for an advisory Steering Committee to provide project oversight and guidance for the delivery of the Walmanyjun Cable Beach Foreshore Redevelopment Stage 2.

BACKGROUND

Previous Considerations

OMC 27 July 2023 Item 14.3

OMC 31 August 2023 Item 14.1

SMC 21 December 2023 Item 6.1

The redevelopment of the Walmanyjun Cable Beach Foreshore is a key priority for the Shire of Broome (Shire) and is the result of years of research, strategy development, master planning, coastal protection studies, business case development, grant applications, and extensive community consultation.

In September 2021, the Shire appointed Josh Byrne and Associates to progress the detailed design of the Walmanyjun Cable Beach Foreshore Redevelopment. When designs were finalised in 2023, the total project cost was estimated to be $48,930,000, including a $5,000,000 allowance for a waterpark. These costs were expected to escalate over time until the project is delivered.

At the time the Shire did not have the full funding required for the project and therefore planned to proceed with the redevelopment in a staged approach. Stage 1 focused on the site's southern area, west and east of the Surf Club and main entrance roundabout on Sanctuary Road. Stage 1 is currently under construction and is nearing completion. When Officers made funding applications in 2023/2024, two further stages were considered for the remainder of the foreshore redevelopment project. However, a later engineering review determined that these would best be delivered in one combined stage, Stage 2. This stage consists of the remainder of the site, including the waterpark area, and extends from the southern carpark to the north end of the amphitheatre. Figure 1 gives an outline of the two stages.

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Figure 1 Construction Stages of the Walmanyjun Cable Beach Foreshore Redevelopment.

Since the estimation of costings in 2023, the Shire has actively sought grant funding to support delivery.

· The Department of Communities announced funding of $310,00 for the delivery of a new Changing Places facility within the foreshore.

· In June 2023, Lotterywest announced funding of $1,000,000 for Stage 1 and $5,000,000 for a waterpark and associated amenities in Stage 2.

Following the announcement by Lotterywest, sufficient funding was confirmed for Stage 1, and a contract was awarded for its construction.

A funding application was made to the Regional Precincts and Partnership Program for the remainder of the funds required to complete Stage 2. Funding applications were also made to the Hotspot Coastal Adaption Protection (H-CAP) to fund coastal protection works and to the WA State Governments - Royalties for Regions program.

COMMENT

Royalties for Regions

In late 2024, the Shire submitted a funding request to the WA State Government for co-contribution funding of $9,480,000 for Stage 2. On 13 January 2025, it was announced that the Shire was successful in securing funding of $9,000,000 excluding GST.

A draft funding agreement was first received by Shire Officers in mid-February 2025. Officers have reviewed the terms and undertaken negotiations with the funding manager, the Department of Primary Industry and Regional Development (DPIRD), to ensure that the final terms are acceptable to both parties. The confidential funding agreement is attached in Attachment 1.

Regional Precincts Partnership Program

The Shire applied to the Federal Government's Regional Precincts and Partnership Program - Stream 2 on 30 October 2023 for funding towards Stages 2 and 3 of the Walmanyjun Cable Beach Foreshore Redevelopment. For operational reasons, Stages 2 and 3 have since been tendered as one package, and construction is intended to proceed as a single stage (Stage 2). However, references to Stage 3 remain in funding agreements from the rPPP and Lotterywest and will be acquitted as such.

On 16 May 2024, it was announced that the Shire had successfully secured Regional Precincts and Partnership grant funding of $26,361,852, excluding GST.

A draft funding agreement was first received by Shire Officers in mid-December 2024. Officers have reviewed the terms and undertaken negotiations with the funding manager, Main Roads Western Australia, to ensure that the final terms are acceptable to both parties, and that the project can be delivered as described, and cash inflows balance expenditure claims against the Shire to avoid any cashflow issues. The confidential funding agreement is attached in Attachment 2.

Partnerships

An integral part of the Regional Precincts and Partnership Program is taking a partnership approach to overseeing the delivery of precinct-scale projects. This approach was previously used for the Chinatown Revitalisation project which has delivered outstanding results for the community. The approach will provide stronger project oversight for a major community project with significance at the local, state, and federal levels. It also provides a variety of unique domain knowledge and helps demonstrate that there is a wide range of community and stakeholder support.

A Steering Committee formed part of the funding application to the Regional Precincts and Partnership Program, therefore Officers recommend a Steering Committee (SC) is established with membership comprising representatives from the following organisations which have indicated their interest:

· Shire of Broome – President

· Shire of Broome - CEO

· Nyamba Buru Yawuru

· Development WA (Kimberley Division)

· Kimberley Development Commission

· Regional Development Australia (Kimberley)

The Steering Committee's role as described in the proposed SC Terms of Reference (Attachment 3) is to:

1. Provide general project oversight and guidance

2. Act as the advisory committee to the Council on the redistribution of funds between project elements;

3. Actively foster the involvement of other leveraged funds and private investment into the Project;

4. Assist in the Shire of Broome’s efforts to ensure that the Community and Key Stakeholders of the Walmanyjun Cable Beach Foreshore Redevelopment are informed of the Project progress and engage them in its economic and social activation.

The Steering Committee is proposed to be an advisory authority only and will have no delegated authority under the Local Government Act (WA) 1995. As the entity responsible for managing construction contracts and the ongoing management of the foreshore reserve and for acquitting funding grants, it is important that the Shire of Broome retain the authority to complete these actions.

Should the formation of the Steering Committee be approved, the Project’s governance structure, showing the relationship between the various groups and their reporting lines, is shown in Figure 2.

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Figure 2 Proposed Project Governance Structure including Steering Committee.

It is proposed that the Steering Committee meet quarterly to review the project's progress and carry out its responsibilities. Reports from relevant Shire Officers will provide updates to the Steering Committee. Secretariat duties will be provided by the Shire of Broome and a quorum of 3 members is required.

The Community and Stakeholder Reference Group (CSRG), which has a wider membership base, advised the Shire throughout the detailed design phase and construction of Stage 1, and it is proposed that this group also continue to meet and discuss issues related to construction and funding for Stage 2. A Project Control Group (PCG), made up of Shire Officers, carries out day to day functions and will meet as required to ensure collaboration and to advise on solutions to issues.

The Project Director will is responsible for the overall coordination of all elements of the project, including management of key roles - Manager Community Engagement and Superintended Representative. They are also responsible for the preparation of agendas for the; Steering Committee, CSRG and PCG, although they may delegate their preparation.

The Shire’s Project Engineers will continue to be responsible for the management of construction works and will be their only point of contact. Steering Committee members are not permitted to contact contractors.

CONSULTATION

The Shire of Broome has undertaken extensive community and stakeholder consultation throughout the master plan and detailed design of the Walmanyjun Cable Beach Foreshore Redevelopment. The CSRG created for this purpose is proposed to continue until the end of construction works.

This item proposes the establishment of a Steering Committee that will enhance links between stakeholders and provide ongoing consultation through construction.

STATUTORY ENVIRONMENT

Local Government Act (WA) 1995.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The Royalties for Regions funding agreement delivers additional income of $9,000,000 excluding GST.

The Regional Precincts and Partnership funding agreement delivers additional income of $26,361,852 excluding GST.

The signing of the Funding Agreements forms a legal agreement to use the funds for the approved purpose, however, if the Shire does not wish to complete the works it may terminate the agreement and return any funds received. Financial implications are thus only entered into once expenses are incurred.

There are no financial implications relating to the establishment or running of the Steering Committee. Membership is voluntary with no dispensation provided.

RISK

Funding

Commonwealth funding agreements often contain conditions that prevent additional Commonwealth funding sources from being applied to the same project. The guidelines for the rPPP include this condition, precluding the sourcing of additional Commonwealth funds for this project. However, the available Commonwealth funding may be used for up to 100% of the project costs where there is sufficient funding.

Where construction costs for Stage 2 exceed the available funding, additional co-contributions must be secured from non-commonwealth sources such as State or Shire funding.

Steering Committee

There is a risk that the Steering Committee may introduce excessive administrative work for the project team and result in bureaucratic delays. This risk has been mitigated by limiting meetings to quarterly and preparing the project team by initiating bi-monthly reports to the Shire’s Executive Management Group (EMG) as a preparatory measure.

There is a risk that the Steering Committee may make decisions that prevent the Shire from meeting either legal requirements or decisions of Council. This risk has been mitigated by careful review and structuring of the Terms of Reference to ensure the benefits of a Steering Committee are obtained without placing the Shire at risk.

There is a risk that the Steering Committee may be perceived as having governance control of the project. This risk is to be mitigated by clear communication about the groups roles and responsibilities.

STRATEGIC ASPIRATIONS

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

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

Objective 6.1 Promote sensible and sustainable growth and development.

Objective 6.3 Create attractive, sustainable streetscapes and green spaces.

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

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

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

Objective 9.2 Activate the precincts of Broome.

VOTING REQUIREMENTS

Simple Majority

OFFICER RECOMMENDATION:

That Council:

1. Subject to Council awarding a tender for major construction of Stage 2, authorises the Chief Executive Officer to:

o Negotiate minor modifications and execute the Royalties for Regions Program Grant Agreement;

o Approve necessary variations for grant administration and delivery

2. Subject to Council awarding a tender for major construction of Stage 2, authorises the Chief Executive Officer to:

o Negotiate minor modifications and execute the Regional Precincts and Partnership Program Grant Agreement;

o Approve necessary variations for grant administration and delivery

3. Subject to a Tender being awarded by Council for major construction of Stage 2, endorse the Steering Committee Terms of Reference in Attachment 3 and authorise the Chief Executive Officer to:

o Confirm member participation;

o Negotiate minor changes to the Terms of Reference as required for the effective operation of the Steering Committee.

The following motion was moved by the Deputy President, Cr Male:

Council Resolution: Minute No. C/0325/019

Moved: Cr D Male Seconded: Shire President C Mitchell

That Council:

1. Subject to Council awarding a tender for major construction of Stage 2, authorises the Chief Executive Officer to:

o Negotiate minor modifications and execute the Royalties for Regions Program Grant Agreement;

o Approve necessary variations for grant administration and delivery

2. Subject to Council awarding a tender for major construction of Stage 2, authorises the Chief Executive Officer to:

o Negotiate minor modifications and execute the Regional Precincts and Partnership Program Grant Agreement;

o Approve necessary variations for grant administration and delivery

3. Subject to a Tender being awarded by Council for major construction of Stage 2, endorse the Steering Committee Terms of Reference in Attachment 3 subject to nominating the Deputy Shire President in lieu of the Shire President as a Shire of Broome representative and authorise the Chief Executive Officer to:

o Confirm member participation;

o Negotiate minor changes to the Terms of Reference as required for the effective operation of the Steering Committee.

For: Shire President C Mitchell, Cr D Male, Cr S Cooper, Cr J Lewis, Cr J Mamid, Cr M Virgo, Cr E Smith.

CARRIED UNANIMOUSLY 7/0

Reason: The Deputy President is part of the Cable Beach Community & Stakeholder Reference Group and believes it would be beneficial to be a representing member of both.

Attachments

RfR - Funding Agreement (Confidential to Councillors and Directors Only)

rPPP - Funding Agreement (Confidential to Councillors and Directors Only)

WCBFR - Steering Committee - Terms of Reference

Minutes – Special Meeting of Council 11 March 2025 Page 9 of 10

This item and any attachments are 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”.

6.1 WALMANYJUN CABLE BEACH FORESHORE REDEVELOPMENT - STAGE 2 - RFT 24-10 HEAD CONTRACT TENDER EVALUATION AND BUDGET ENDORSEMENT
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	RFT24-10
AUTHOR:	Manager Engineering
CONTRIBUTOR/S:	Special Projects Coordinator Project Engineer
RESPONSIBLE OFFICER:	Director Infrastructure
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

This report considers the submissions received for the Shire of Broome’s Request for Tender 24-10 for the Head Contract to deliver the next stage of the Walmanyjun Cable Beach Foreshore Redevelopment and seeks Council’s adoption of the recommendation contained within the confidential Evaluation Report.

Council are also requested to adopt the remaining sub project and budget allowances for the remaining scope of the project to be directly managed by Shire officers with specialist contractors and internal labour resources.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/0325/021

Moved: Cr D Male Seconded: Cr M Virgo

That Council:

1. Note the recommendation in the Evaluation Report for RFT 24-10 Walmanyjun Cable Beach Foreshore Redevelopment Stage 2 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, after final contract negotiations, for RFT 24-10 Walmanyjun Cable Beach Foreshore Redevelopment Stage 2.

3. Authorises the Chief Executive Officer to negotiate and sign the contract documentation following final contract negotiations and the appropriate financial due diligence, and negotiate contract variations during the works/project if necessary;

4. Approve the inclusion of the Shire of Broome financial contribution to the Walmanyjun Cable Beach Foreshore Redevelopment Stage 2 as per the Long Term Financial Plan 2025-2040 of $1,013,290 in municipal funds and $2,231,710 in borrowings in the 25/26 Annual Budget;

5. Recognises the additional grant funding secured and approve a budget amendment of $6,106,852 Ex GST in the 2024/25 financial year to Expense Account 101131340 - Walmanyjun Cable Beach Foreshore Redevelopment Stage 2;

6. Recognises the additional grant funding secured and approve a budget amendment of $6,106,852 Ex GST in the 2024/25 financial year within Income Account 101131330 - Walmanyjun Cable Beach Foreshore Redevelopment Stage 2;

Voting

For the Motion: Shire President C Mitchell, Cr D Male, Cr S Cooper, Cr J Mamid, Cr E Smith and Cr M Virgo.

Against the Motion: Cr J Lewis.

CARRIED BY ABSOLUTE MAJORITY 6/1

RFT24-10 - Confidential Evaluation Report (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)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

Stage 2 - Community Engagement Plan