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Ordinary Council Meeting - 21 October 2020

Wednesday, October 21, 2020 - 05:30 PM

An Ordinary Council meeting will be held in the Northam Recreation Centre, Peel Terrace, Northam on 21 October 2020 at 5:30pm. 

Summary of Council Decisions:

Motion No Item No Subject Motion
C.4046 12.3.5 Relocated Dwelling - Lot 2 Fernie Road, Bakers Hill

That Council APPROVE the application for development approval (ref: P20057) and accompanying plans to relocate a second-hand dwelling and to convert the existing dwelling to an ancillary dwelling at Lot 2 Fernie Road, Bakers Hill, in accordance with clause 68(2)(b) of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Shire of Northam Local Planning Scheme No. 6, 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] listed below:
• Site Plan (1 of 6) dated 20/07/20;
• Partial Site Plan (2 of 6) dated 20/07/20
• Floor Plan (3¬ of 6) dated 24/07/20;
• Elevations (4 of 6) dated 24/07/20;
• Elevations 2 (5 of 6) dated 24/07/20;
• Sub-Floor Structure (6 of 6) dated 24/07/20;

In the event of an inconsistency between the approved plans and the conditions of this approval, the requirement of the conditions prevail.

3. The relocated dwelling shall be constructed in accordance with Australian Standard 3959 – Construction of Buildings in Bush Fire Prone Areas (or superseding standard) and the approved Bushfire Management Plan prepared by Dr Karen Brown dated 13/8/2020.
4. Prior to the commencement of any works, a legal agreement shall be entered into at the cost of the Applicant in accordance with the provisions of the Shire of Northam’s Local Planning Policy No. 3: New Transportable, Relocated and Second Hand Dwellings.*
5. Prior to the dwelling being relocated, all asbestos shall be removed by an appropriately licensed contractor and disposed of at an approved waste management facility.
6. Prior to occupation, the relocated dwelling permitted shall be connected to an approved effluent disposal system compliant with the provisions of the WA Government Sewerage Policy.
7. Prior to occupation, the dwellings shall be connected to an approved reticulated water supply.
8. Prior to occupation, the underside of the dwelling shall be screened from view to the satisfaction of the local government.
9. Prior to occupation, a water tank with a minimum capacity of 10,000 litres, reserved solely for the purpose of firefighting, must be installed on site and be fitted with a 55mm cam-lock fitting with a full flow valve.
10. Vegetation shall be planted within 12 months from the date of determination and maintained thereafter along the side of the relocated dwelling that faces the northern lot boundary, to the satisfaction of the local government.
11. The appearance of the dwellings shall be maintained to a high standard.
12. Stormwater shall be managed on-site in a manner so that there is no discharge onto the adjoining properties to the satisfaction of the local government.

C.4048 11.1 NYOONGAR CULTURAL ADVISORY GROUP MEETING HELD ON 15 SEPTEMBER 2020 That Council:

1. Receives the Bilya Koort Boodja update as presented and instructs the CEO to investigate ways of recognising significant individuals and/or sacred sites by the naming of rooms/areas at the Bilya Koort Boodja
2. Accepts the update of the Shire of Northam Reflect RAP 2020-2021
3. Receives the briefing from Wesfarmers Bunnings on their plans to employ local Nyoongar people
4. Supports in principle the Northam Senior High School – Stolen Generation Musical Drama
5. Receives the briefing from the Avon Environmental Society on the proposed Enright Park signage
C.4052 12.1.1 Governance Policy Review That Council adopts the following polices and authorises the Chief Executive Officer to make the necessary adjustments to the Shire of Northam Policy Manual:

1. G 1.4 - Code of Conduct – Council Members & Committee Members
2. G 1.5 - Legal Representation for Council Members and Employees
3. G 1.6 - Approval of annual & long service leave for the Chief Executive Office and appointment of an Acting Chief Executive Officer
4. G 1.7 - Senior Employees
5. G 1.8 - Risk Management
6. G 1.9 - Council Member and Staff Interactions and Requests for Information
7. G 1.10 - Communications and Social Media Policy
8. G1.11 - Corporate Uniform – Council Members
9. G1.12 - No Smoking
10. G1.13 - Alcohol Consumption
11. G1.14 - Gratuity, Gifts and Departing Employees
12. G1.15 - Code of Conduct – Staff
13. G1.16 - Acceptable Use of the Shire’s Computing & Communication Resource: Council Members
14. G1.17 - Acceptable Use of the Shire’s Computing & Communication Resource: staff
15. G1.18 - Credit Card Use
C.4053 12.2.1 RFT 6 & 7 of 2020 Cleaning Contracts - Additional Costs for Inclusion in Contract Award That Council:

1. Authorises the CEO to include an additional $4,000 in the contract award value for RFT 6 of 20 - Cleaning of Public Toilets and Outlying Areas, for the supply of consumable products by the appointed contractor, with the revised estimated contract award value being $96,869.
2. AuthoriSes the CEO to include an additional $4,000 in the contract award value of RFT 7 of 20 - Cleaning of Northam Town Site Public Buildings, for the supply of consumable products by the appointed contractor, with the revised estimated contract award value being $98,848.
3. Incorporates the identified high risk mitigation actions into the Shire of Northam organisational risk register.
C.4054 12.2.2 Parks and Public Open Spaces Asset Management Plan That Council:

1. Adopts the Shire of Northam Parks and Public Open Spaces Asset Management Plan as supplied as a separate document on 21 October 2020;
2. Incorporates the identified high risk mitigation actions into the Shire of Northam organisational risk register.
C.4055 12.3.1 Proposed Purchase - Portion Lot 200 Minson Avenue, Northam That Council:

1. Approve the sale of a portion of Lot 200 Minson Avenue Northam by private treaty to ‘Purslowe Tinetti Funerals’, in accordance with s3.58(3) of the Local Government Act 1995 (WA), subject to:
a. Sale price established in accordance with an independent valuation obtained by the Shire of Northam;
b. No objections being received during a 14-day statutory public advertising period; and
c. The applicant being responsible for all costs associated with the sale and subdivision.
C.4056 12.3.2 Proposed Sale - Reserve 42594 (2C Strickland Avenue, Northam) That Council resolves to:

1. Request the Minister for Lands to cancel Reserve 42594 and convert to freehold for acquisition by the Shire of Northam  at either $500 or 5% of the land’s current unimproved market valuation (as determined by the Valuer General’s Office), whichever is the greater.
2. Request the Minister for Lands to cancel the pedestrian access way known as Lot 155 Throssell Street for sale in conjunction with Reserve No. 42595.
3. Advertise the proposed cancellation of the reserve and pedestrian access way in accordance with the provisions of the Land Administration Act 1997.
4. Consider the matter again following the conclusion of the public advertising.
C.4057 12.3.3 Wundowie Primary School (Reserve 38063) - Proposed Boundary Realignment That Council agrees to the realignment of the boundaries between the Wundowie Primary School (Reserve 38063) and the Wundowie Oval (Reserve 24266) through the excision of a portion of approximately 2,950m2 (subject to survey) from Reserve 24266 for amalgamation into Reserve 38063, subject to:

1. The existing drainage swale within the new boundaries of the Wundowie Primary School being protected by an easement  or by incorporation into a variation to the existing licence for the shared use of facilities (noting Ramp 5 will be constructed with concrete over culverts and across the swale to the required specification);
2. The existing licence for the shared use of facilities being reviewed (for the use of Wundowie Oval) to ensure consistency with other Shire and Department of Education agreements; and
3. The Department of Education being responsible for all costs and works associated with this proposal.
C.4058 12.3.4 Proposed Community Centre - Lot 201 Eucalypt Bend, Wundowie That Council resolves to NOT APPROVE a meditation and community centre as the proposed development is not consistent with the objectives of the Rural Residential Zone as set out in the Shire of Northam Local Planning Scheme and the Local Planning Strategy*, and a caretakers’ dwelling is a use not permitted in the Rural Residential Zone.
C.4061 12.4.3 Lease of Grass Valley Hall, Lot 130 (Reserve 15870) Wilson Street, Grass Valley That Council:

1. Requests the Minister of Lands to:
a. Grant the Shire of Northam approval for the power to lease Lot 130 (Reserve 15870) Wilson Street, Grass Valley for a period up to 21 years; and
b. Approve a lease agreement between the Shire of Northam and the Grass Valley Progress Association Inc. for a period of 10 years with a 10 year renewal option.
2. Subject to the approval of the Minister of Lands and in accordance with Section 1 of the Shire of Northam Policy A 8.5, leases Lot 130 (Reserve 15870) Wilson Street, Grass Valley to the Grass Valley Progress Association Inc. for a period of 10 years with a 10 year renewal option.
C.4062 12.4.4 Renewal of Licence Agreement - Northam Hockey Club and Northam Cricket Association That Council:

1. In accordance with Policy A 8.5 Management of Council Property Leases, renews the Licence Agreement between the Shire of Northam, the Northam Cricket Association and the Northam Hockey Club for a period of five (5) years for a portion of Lot 51 Suburban Road, Northam otherwise known as Bert Hawke Pavilion.
2. Requires that the following items be included in the Schedule:
a. The Premises: The Club rooms and kitchen together with the use of the change-rooms on the land as shown with red outline with the following fixtures and fittings –
- 10 tables (joint ownership)
- 100 chairs
- 2 Wormald fire extinguishers
b. Use of Premises: Club room and kitchen facilities
c. Insurance by Licensee: Contents and Equipment; and
d. Public Liability not less than ten million dollars ($10,000,000.00) for any one event.
3. Requires that the Cricket Association pay all outgoings between 1 October to 31 March.
4. Requires that the Northam Hockey Club pay all outgoings between 1 April to 30 September.
5. Requires that all legal fees relating to the execution of the licence are paid by both clubs.
C.4063 12.4.5 Non-compliance with section 6.16 of the Local Government Act 1995 Adoption of AROC Toilets and Lighting Tower Fees and Charges That Council:

1. Approves the transfer of responsibility for storage and hiring of the AROC mobile toilet block and portable lighting tower from Shire of Dowerin to Shire of Northam
2. Amends the schedule of fees and charges 2020/21 to include the following hiring fees for the AROC mobile toilet block and portable lighting tower, and provide public notice of the change to the schedule of fees and charges 2020/21.

Fee Type Description AROC               Mobile Toilet Van     AROC Lighting Tower
Not-for-profit community events,
where the hirer’s Shire is an
AROC member                                    $100.00/day                $50.00/day
Not-for-profit community events,
where the hirer’s Shire is not
an AROC member                              $200.00/day                $100.00/day
Corporate or commercial groups,
where the hirer’s Shire is not
an AROC member                               $300.00/day                $200.00/day
Corporate or commercial groups,
where the hirer’s Shire is an
AROC member                                    $270.00/day               $180.00/day
C.4064 12.4.6 Northam Playgroup Building - Bernard Park, Lot 400 Minson Avenue, Northam That Council:

1. Requests the Chief Executive Officer to undertake public consultation with respect to the proposed demolition of the former Northam Playgroup Building located at Bernard Park, Lot 400 Minson Avenue, Northam;
2. Subject to there being no significant objections to the proposed demolition, authorises expenditure of up to $25,000 (ex GST), for the demolition of the former Northam Playgroup Building located at Bernard Park, Lot 400 Minson Avenue, Northam; and
3. Incorporates the demolition and site rehabilitation costs into the 2020/21 mid-year budget review process.
C.4065 12.4.7 Lease of Quellington Hall, Lot 28631 (Reserve 3410) Grass Valley South Road, Throssell That Council, in accordance with Section 1 of the Shire of Northam Policy A 8.5, leases Quellington Hall, Lot 28631 (Reserve 3410) Grass Valley South Road, Throssell to Quellington Progress & Sporting Association for a period of ten years with a ten year renewal period.
C.4066 12.5.1 Representation on Gordon Place Mural Panel That Council appoints the following members to the Gordon Place Mural Selection Panel:

Shire of Northam Elected Members:
• Cr Julie Williams
• Cr Michael Ryan

Avon Valley Arts Society:
• Holley Lamey

Gordon Place Business Owners/ Community representatives:
• Sue Smith
• Chris Smith
• Kaz Morgan
• Paul Morgan

Northam Chamber of Commerce:
• Leonie Knipe
C.4068 14.1 RAC Grant Funding Acceptance

That Council:

1. Accepts the grant offer made by the RAC, through their Reconnect WA grant program, for $65,580;
2. Authorises cash expenditure of up to $100,000 for the Reconnect WA - Shire of Northam Suspension Bridge Precinct Activation project;
3. Directs the additional expenditure to be accommodated as part of the 2020/21 mid-year budget review

C.4070 15.1 Procon Developments - Contract Extension CONFIDENTIAL That Council:

1. Agrees to amend the Contract of Sale for Lot 881 Yilgarn Avenue, between the Shire of Northam (seller) and Procon Developments (Australia) Pty Ltd as trustee for LEMA Unit Trust, 820 Mountain Highway, Bayswater, Victoria 3153 (buyer), by amending Annexure A, Clause 5 ‘Settlement’ to now read:

Settlement is to occur:
(a) On the earlier of 31 March 2021 or 21 days after notification from the seller that the caveat attached to the lot has been lifted

2. Requires Councils Risk Register - Treatment MC00094 sign off date – to be amended in accordance with the above