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Ordinary Council Meeting - 20 March 2024

Wednesday, March 20, 2024 - 05:27 PM

Location: Shire of Northam Council Chambers

An Ordinary Council Meeting was held in the Council Chambers at 395 Fitzgerald Street, Northam on 20 March 2024 at 5:30pm.

Please be advised that this meeting will be livestreamed and audio-recorded and made available on the Shire of Northam’s YouTube channel –

 https://www.youtube.com/@shireofnortham8266/streams

* Due to technical issues this meeting was only audio-recorded and the recording cuts out prior the end of the Council meeting.  

Summary Decisions: 

Motion No. Item No Subject Motion
C.4958 10.1 Confirmation of Minutes from the Ordinary Council Meeting held 21 February 2024 That the minutes of the Ordinary Council meeting held on Wednesday, 21 February 2024, be confirmed as a true and correct record of that meeting.
C.4959 10.2 Notes from the Council Forum Meeting held 13 March 2024 That Council receive the notes from the Council Forum meeting held on Wednesday, 13 March 2024.
C.4960 10.3 Notes from the Strategic Council Meeting held 28 February 2024 That Council receive the notes from the Strategic Council meeting held on Wednesday, 28 February 2024.
C.4961 12.1 Community Safety Committee Meeting held 20 February 2024 That Council receive the minutes from the Community Safety Committee meeting held on 20 February 2024.
C.4962 12.1 Community Safety Committee Meeting held 20 February 2024 That Council:

1. Accepts the Community Safety & Crime Prevention Plan update as provided.

2. The area at the rear of the library and Old Town of Northam building
between the carpark, the Avon River, and Avon Bridge as the top area for activation as per Priority Action 1.1.3 of the Council Plan.

3. The types of activations are to focus on,
a. Outdoor fitness
b. Art, and
c. The environment

4. The annual Community Safety Forum listed in Priority Action 1.1.7 in the Council Plan does not take place in 2023/2024 and the Committee consider other options for future years.

5. Receives the agency updates as provided.
C.4963 12.2 Audit & Risk Management Committee Meeting held 29 February 2024 That Council receive the minutes from the Audit & Risk Management Committee meeting held on 29 February 2024.
C.4964 12.2 Audit & Risk Management Committee Meeting held 29 February 2024 That Council:

1. Acknowledges the update regarding Rates debt and Sundry debt.

2. Endorses the Compliance Audit Return for the period 1 January to 31 December 2023 as presented in Attachment 6.2.1.

3. Notes the findings of the Compliance Audit Return as presented in Attachment 6.2.2.

4. Authorises the CEO to submit the report to the Department of Local Government, Sport and Cultural Industries.

5. Sets the prescribed fee for the External Independent Member for attendance of Audit and Risk Management Committee Meetings only, at $305.00 on a per meeting basis.

6. Authorises the CEO to go out for an expression of interest for a suitably qualified External Independent Member for the Audit and Risk Management Committee and provide a recommendation to the May 2024 meeting.

7. Receives the February 2024 update on the Compliance Calendar as provided in the Attachments 6.4.1 and 6.4.2.

8. Receives the February 2024 update as provided in Attachment 6.5.1 in relation to the progress made towards the Privacy and Responsible Information Sharing (PRIS) Action Plan.

9. Receives the February 2024 update on the Shire of Northam Risk Register.

10. Approves the category “Reputation” risk register as presented with the following amendments:
a. MC00032 - Change the frequency of sign off from 112 months to 12 months.
b. MC00004 - Change the frequency of sign off to 12 months to match the treatment.
c. MC00013 - Change treatment to: “Conduct random audit of 10 ICSs per month to ensure compliance with the relevant management process.”
d. MC00007 - Remove from section R00031.
e. MC00013 - Remove from section R00031.
f. MC00007 - Remove from section R00033.
g. MC00009 – Change treatment to “Conduct random audit of 10 purchases per month to be performed to ensure compliance with the relevant management process.”
h. MC00083 - Remove treatment.
i. MC00084 - Remove treatment.
j. R00034 – Remove Risk and associated treatment MC00085.
k. MC00087 – Remove treatment.
l. MC00102 - Change treatment to “Conduct review of Fraud Control Plan every 2 years (refer OAG 2019/20 Report 5 – Fraud Prevention)”

11. Receives the February 2024 update as provided in Attachment 6.8.1 in relation to the progress made towards the Regulation 17 Action Plan.

12. Receives the update as provided in Attachment 6.9.1 in relation to the progress made towards the ICT Strategic Plan.
C.4965 13.1.1 Lease of Reserve 3303 and 11596 - Northam Harness Racing Club That Council APPROVES the Chief Executive Officer entering into a lease of Northam Harness Trotting Grounds for part Reserve 3303, Clarke Street, Northam and Reserve 11596 Clarke Street, Northam with the Northam Trotting/Harness Club Inc. subject to:

1. Compliance with Council Policy - Property Management (Leases Licences);

2. A market rent review being carried out to determine the rent to be charged; and

3. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage.
C.4966 13.2.1 Mid-Year Budget Review That Council by ABSOLUTE MAJORITY:

1. INCLUDES an allocation of $40,000 towards the Wundowie Museum within the 2023/24 Budget Review.

2. CONSIDERS the allocation of an estimated $30,000 for the demolition of the existing toilet block at the Wundowie Oval to accommodate the Wundowie Museum within the 2024/25 draft Budget.

3. SUPPORTS the Wundowie Progress Association in seeking additional external funding to meet the accessibility and other requirements for the Wundowie Museum.
C.4967 13.2.1 Mid-Year Budget Review That Council by ABSOLUTE MAJORITY:

1. RECEIVES the Budget Review for the eight months ended 29 February 2024.

2. AUTHORISES the Chief Executive Officer to amend the 2023/24 Budget in accordance with the attached report titled Budget Review 2023/24.
C.4968 13.2.2 Monthly Financial Report for the Period Ending 29 February 2024 That Council RECEIVES the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 29 February 2024.
C.4969 13.2.3 Accounts & Statement of Accounts - February 2024 That Council RECEIVES the payments for the period 1 February to 29 February 2024, as listed:

- Municipal Fund payment cheque numbers 35624 to 35626 Total $26,343.13.
- Municipal Fund EFT49817 to EFT50180 Total $2,199,787.75
- Direct Debits Total $101,158.05.
- Payroll Total $798,809.10

TOTAL: $3,126,098.03

that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4970 13.3.1 RFT 08 of 2023 - Cleaning of Northam Townsite Public Buildings That Council:

1. ACCEPTS the response to the Request for Tender 08 of 2023 – Cleaning of Northam Townsite Public Buildings from Iconic Property Services for $171,192.84 (ex GST) per annum with an annual Perth CPI increase.

2. AUTHORISES the CEO to make variations (maximum increase of 10%) to the awarded price prior to entering a contract for Cleaning of Northam Townsite Public Buildings, Request for Tender 08 of 2023 with Iconic Property Services.

3. AUTHORISES the CEO to enter into a contract for the Cleaning of Northam Townsite Public Buildings, Request for Tender 08 of 2023 with Iconic Property Services for a period of three (3) years with a two (2) year extension option at the discretion of the Shire in accordance with the specifications contained within the request for quote documents.

4. NOTES that the additional funding required to cover the increased cost for 2023/24 has been included in the budget review.
C.4971 13.4.1 Proposed Partial Road Closure - Clackline-Toodyay Road, Clackline That Council REQUESTS the Minister for Lands to close the subject portion of Clackline-Toodyay Road, Clackline as identified in the plans submitted with the application (Attachment 1) in accordance with the provisions of the Land Administration Act 1997.
C.4972 13.4.2 Review of Local Planning Strategy That Council:

1. ADOPTS the amended Local Planning Strategy with proposed modifications to address issues raised in the submissions.

2. SUBMITS the amended Local Planning Strategy to the Western Australian Planning Commission for endorsement.
C.4973 13.4.3 Alterations to existing Tesla peaking station That Council APPROVES the development application (ref: P24017) to carry out alterations to the existing peak power generating plant at Lot 5 Leeming Road, Grass Valley, subject to the following conditions:

1. The development hereby permitted shall substantially commence within two (2) years from the date of determination.

2. All development must be carried out in accordance with the approved plans [and drawings] as listed below:
a. General Site Arrangements – A1, 8577-E-800, Rev. A dated August 2023; and
b. Elevation Views – A1, 8577-E-800, Rev. A dated August 2023.

3. The existing landscaping shall be maintained to the satisfaction of the local government.

4. A Final Acoustic Assessment shall be prepared by a suitably qualified person and submitted to the local government for approval within 6 months of completion demonstrating that the development complies or will comply with the Environmental Protection (Noise) Regulations 1997. Any further works must be carried out in accordance with the approved Acoustic Report and implemented for the duration of the development.
C.4974 13.4.4 South West Native Title Settlement - Land List 1469 That Council, regarding the transfer of land under the South West Native Title Land Settlement:

1. ADVISES the Department of Planning, Lands and Heritage that the Shire of Northam is supportive of the transfer of the identified land on List 1469 –  Jennapullin to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6 and subject to consultation with neighbouring landowners.

2. ADVISES the Department of Planning, Lands and Heritage that the Shire of Northam is NOT supportive of the transfer of the identified land on List 1469 – Copley to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6 and subject to consultation with neighbouring landowners.
C.4975 13.4.4 South West Native Title Settlement - Land List 1469 That Council suspend the following Standing Orders:

 - 8.5 - members to indicate their intention to speak (requirement to stand); and
 - 8.9 - speaking twice.
C.4976 13.4.4 South West Native Title Settlement - Land List 1469 That Council resume the following Standing Orders:

 - 8.5 - members to indicate their intention to speak (requirement to stand); and
 - 8.9 - speaking twice.
C.4977 13.4.4 South West Native Title Settlement - Land List 1470 That Council, move to the next item of business as per standing orders.
C.4978 14 Matters Behind Closed Doors That Council, in accordance with section 11.1(i) of the Shire of Northam Standing Orders Local Law 2018 and Section 5.23 (2) (A) of the Local Government Act 1995, meet behind closed doors to consider agenda item 14.1 Chief Executive Officer Review & Selection Committee Meeting held 13 March 2024, as the item relates to a matter affecting an employee/s.
C.4979 14.1 Chief Executive Officer Review & Selection Committee Meeting held 13 March 2024 That Council receive the minutes from the Chief Executive Officer Review & Selection Committee meeting held on 13 March 2024.
C.4980 14.1 Chief Executive Officer Review & Selection Committee Meeting held 13 March 2025 That Council suspend the following Standing Orders:

 - 8.5 - members to indicate their intention to speak (requirement to stand); and
 - 8.9 - speaking twice.
C.4981 14.1 Chief Executive Officer Review & Selection Committee Meeting held 13 March 2026 That Council resume the following Standing Orders:

 - 8.5 - members to indicate their intention to speak (requirement to stand); and
 - 8.9 - speaking twice.
C.4982 14.1 Chief Executive Officer Review & Selection Committee Meeting held 13 March 2027 That Council:
1. NOTES the progress on the Chief Executive Officer’s interim Key Performance Indicators for the period 20 November 2023 to 6 March 2024 included as Attachment 1 to this report.
2. This recommendation has been WITHHELD from public record as per item 5 of Council decision C.4982.
3. ACCEPTS the quote from Hammond Woodhouse Advisory (consultancy) to assist with the setting of the annual Key Performance Indicators and the Performance Review process for the Chief Executive Officer as outlines in Attachment 1 to the report.
4. APPOINTS Hammond Woodhouse Advisory (consultancy) to assist the Chief Executive Officer Review & Selection Committee with development of the Chief Executive Officer Key Performance Indicators for 2024/25.
5. WITHHOLD all reference of item 2 from public record until the Chief Executive Officer’s probationary period has concluded.
C.4983 14 Behind Closed Doors That Council move out from behind closed doors.
C.4984 15.1 Re-Allocation of Appointed Delegates - Northam Chambers of Commerce Board That Council APPROVE the re-allocation of appointed delegates on the Northam Chamber of Commerce Board as follows:

- Delegate 1: Cr J E G Williams
- Delegate 2 (Proxy): Cr M P Ryan