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Ordinary Council Meeting - 15 February 2023

Wednesday, February 15, 2023 - 05:30 PM

Location: Shire of Northam Council Chambers

An Ordinary Council Meeting was held in the Council Chambers at 395 Fitzgerald Street, Northam on 15 February 2023 at 5:30pm.

Summary of Decisions:

Decision No. Item No Item Name Decision
C.4656 9 APPLICATION FOR LEAVE OF ABSENCE That Council grant Cr D A Hughes leave of absence from 08 April 2023 to 17 April 2023 (inclusive).
C.4657 10.1 ORDINARY COUNCIL MEETING HELD 25 JANUARY 2023 That the minutes of the Ordinary Council meeting held on Wednesday, 25 January 2023 be confirmed as a true and correct record of that meeting.
C.4658 10.2 ANNUAL ELECTORS GENERAL MEETING HELD 25 JANUARY 2023 That Council:
1. Confirm the minutes of the Annual General Electors meeting held on Wednesday, 25 January 2023 as a true and correct record of that meeting; and
2. Receive the Shire of Northam Annual Report for the year 2021/22 incorporating the Annual Financial Statements, Auditor’s Report, President’s Report and Chief Executive Officer’s Report.
C.4659 10.3 NOTES FROM THE COUNCIL FORUM MEETING HELD 08 FEBRUARY 2023 That Council receive the notes from the Council Forum meeting held Wednesday, 08 February 2023.
C.4660 13.1.1 Lease of Lot 1 Great Eastern Highway, Burlong That Council, in accordance with policy A 8.5 Management of Council Property Leases (Section 2.0), lease Lot 1 Great Eastern Highway, Burlong to the Northam & Districts Motorcycle Club terminating on 31 December 2025 for $425 per annum.
C.4661 13.1.2 Amendment to conditions of lease for former Bakers Hill Fire Shed to Bakers Hill Out of School Hours Care That Council extend condition 1(a) of decision C.4409 to 30 June 2023 for the Bakers Hill Out of School Hours Care to obtain building approval for the lease of Lot 217 Great Eastern Highway, Bakers Hill (former Bakers Hill Fire Shed).
C.4662 13.3.1 Climate Declaration That Council:
1. Adopt the Climate Declaration attached to this Report.
2. Forward the Climate Declaration to WALGA for endorsement.
3. Develop a Climate Change Adaptation and Mitigation Strategy.
C.4663 13.3.2 Extension of Organic Compost Facility – Use Not Listed – Resource Recovery Facility That Council grant development approval (ref. P22116) for expansion of the organic compost facility on Lot 13 (No. 324) Horton Road, Woottating be granted subject to the original conditions imposed on the development approval (ref: P1692), and as amended in the approval (ref. P1692.1) and the following conditions:-

1. The compost facility shall be carried out and fully implemented in accordance with the details incorporated within the documentation endorsed with an 'Approved' stamp by the local government.
2. Prior to commencement of development, including any earthworks, site sealing and stockpiles, the following shall be received by the local government:
a. Approval from the Department of Water of an amended Water Management Plan to include the new dams, seal hardstand area and composite bunkers.
b. Evidence of agreement from the Shire of Mundaring in relation to the satisfactory upgrading of Carter Road and, if applicable, Great Eastern Highway intersection, including maintenance schedules;
c. Evidence which demonstrates appropriate permits issued by Department of Environment and Conservation and Environmental Protection Authority for site clearing;
d. A amendment lighting plan demonstrating any illumination proposed for the expansion area, including hardstand .
3. All trafficable areas shall be treated and maintained in a manner which prevents or minimises the generation of airborne dust to the satisfaction of the local government and an updated Dust Management Plan including, the expanded area hardstand material storage area.
4. Hours of operations and movement of trucks in or out of the site shall be limited to between 07.00 and 17.00 hours, Monday to Saturday excluding Public Holidays.
5. The expanded facility, including hardstand and stockpile area is to operate in accordance with the requirements of Regulation 7 of the Environmental Protection (Noise) Regulations 1997. Should noise complaints be received it shall be the owner’s responsibility to employ a suitably qualified acoustic engineer to determine exceedances and remedies.  Where the requirements of Regulation 7 of the Environmental Protection (Noise) Regulations 1997 can not be satisfied, the licensee shall seek approval for the operation, in accordance with Regulation 17, of the same.
6. An amended Dust Management Plan approved by the local government must be adhered to and followed at all times.
7. An amended Water Management Plan, to include the stockpile hardstand and new windrow bunker shall be approved by the local government and be followed at all times.
8. An amended Odour management Plan shall be prepared and approved by the local government and be followed at all times.
9. All remnant vegetation outside of the stockpile hardstand and dams to be protected from the organic composting facility operations and transport movements at all times.
10. Incoming Food and Garden Organic (FOGO)  is to be placed on compacted hardstand areas at all times.
11. A suitable fence to the satisfaction of the local government be erected around the expanded area preventing any access to surrounding vegetation and livestock.
12. The expanded area and organic compost stockpiles shall be maintained in accordance with the management standards outlined in the Draft Environmental Guidelines for Organic Waste Recycling Facilities at all times.
C.4664 13.4.1 Accounts & Statements of Accounts – 01st January 2023 – 31st January 2023 That Council receive the payments for the period 01st January 2023 to 31st January 2023, as listed:

• Municipal Fund payment cheque numbers 35550 to 35555 Total $72,199.65.
• Municipal Fund EFT46053 to EFT46315 Total $1,402,773.56.
• Direct Debits Total $99,993.29.
• Payroll Total $517,940.53

TOTAL: $2,092,907.03

Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4665 13.4.2 Financial Statement for the periods ending 31 January 2023 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 31 January 2023.
C.4666 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 COMMITTEE MEETING HELD ON 25 JANUARY 2023 as the item relates to a matter affecting an employee.
C.4667 14.1 CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 25 JANUARY 2023 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 25 January 2023.
C.4668 14.1 CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 25 JANUARY 2023 That Council authorise the Shire President to request the CEOEA to arrange an open phone call with Mcleods Barristers and Solicitors for 4.15pm on Wednesday 15 February 2023 to allow for clarification regarding his letter of advice to be sought by the committee.
C.4669 16 URGENT BUSINESS APPROVED BY DECISION That Council consider urgent business for amendments to be made to the Chief Executive Officers employment contract.
C.4670 16 URGENT BUSINESS APPROVED BY DECISION 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.4671 16 URGENT BUSINESS APPROVED BY DECISION Decision withheld from public record until this has been actioned.
C.4672 16 URGENT BUSINESS APPROVED BY DECISION 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.4673 14 MATTERS BEHIND CLOSED DOORS That Council move out from behind closed doors.