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Ordinary Council Meeting - 15 March 2023

Wednesday, March 15, 2023 - 05:30 PM

Location: Shire of Northam Council Chambers

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

Summary of Decisions:

Motion No. Decision Date Item No Subject Motion
C.4676 15/03/23 9.1 Applications for Leave of Absence That Council grant Cr A J Mencshelyi leave of absence from 03 April 2023 to 28 April 2023 (inclusive).
C.4677 15/03/23 9.1 Applications for Leave of Absence That Council grant Cr H J Appleton leave of absence from 04 April 2023 to 18 April 2023 (inclusive).
C.4678 15/03/23 10.1 Confirmation of Minutes from the Ordinary Council Meeting held 15 February 2023 That the minutes of the Ordinary Council meeting held on Wednesday, 15 February 2023 be confirmed as a true and correct record of that meeting.
C.4679 15/03/23 10.2 Notes from the Council Forum Meeting held 08 March 2023 That Council receive the notes from the Council Forum Meeting held on Wednesday, 08 March 2023.
C.4680 15/03/23 10.3 Notes from the Strategic Council Meeting held 22 February 2023 That Council receive the notes from the Strategic Council meeting held on Wednesday, 22 February 2023.
C.4681 15/03/23 12.1 Community Safety Committee Meeting held on 14 February 2023 That Council receive the minutes from the Community Safety Committee meeting held on 14 February 2023.
C.4682 15/03/23 12.1 Community Safety Committee Meeting held on 14 February 2023 That Council:
1. Accept the Minutes of the Shire of Northam Community Safety Committee meeting held Thursday, 15 November 2022 be confirmed as a true and correct record of that meeting.
2. Accepts the update of the Community Safety and Crime Prevention Plan for October – December 2022 as provided.
3. Supports and promotes awareness of 16 Days in WA campaign events and activities in the Shire of Northam from 25 November 2023 – 10 December 2023.
4. Accepts the updates of the Community Safety Committee Working Groups.
C.4683 15/03/23 12.2 AUDIT AND RISK MANAGEMENT COMMITTEE HELD ON 23 FEBRUARY 2023 That Council receive the minutes from the Audit and Risk Management Committee meeting held on 23 February 2023.
C.4684 15/03/23 12.2 AUDIT AND RISK MANAGEMENT COMMITTEE HELD ON 23 FEBRUARY 2023 That Council:
1. Accept that the minutes of the Audit & Risk Management Committee meeting held on 16 December 2022 be confirmed as a true and correct record of that meeting.
2. Receive the update as provided in the monthly Compliance Calendar Report.
3. Receive the February 2023 Shire of Northam Risk Register update.
4. Adopt the attached 2022 Audit Compliance Report as required, prior to submission to the Department of Local Government, Sport and Cultural Industries.
5. Receive the update as provided in Attachment 1 in relation to the progress made towards the Regulation 17 Action Plan.
6. Receive the update as provided in Attachment 1 in relation to the progress made towards the Financial Management Systems Review Action Plan.
7. Receive the update as provided in Attachment 1 in relation to the Progress Towards the ICT Strategy Plan.
C.4685 15/03/23 12.3 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING HELD ON 02 MARCH 2023 That Council receive the minutes from the Local Emergency Management Committee meeting held on 02 March 2023.
C.4686 15/03/23 12.3 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING HELD ON 02 MARCH 2023 That Council:
1. Adopt the amended Contacts List – Part 8 of the Local Emergency Management Arrangements.
2. Authorise a Committee review by way if a Q & A session with the following Major Events:
a. Northam Motorsport Festival (Flying 50)
b. Avon Descent
c. National Ballooning Championship
d. World Woman’s Ballooning Championship
3. Request all agencies to review section one (1) of the LEMA, in preparation for a review to occur at the next LEMC meeting.
C.4687 15/03/23 13.1.1 2023 Local Government Ordinary Elections 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 2023 ordinary elections together with any other elections or polls which may be required;
2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the election will be as a postal election;
3. Include $54,000 including GST in the Draft 2023/24 Annual Budget.
C.4688 15/03/23 13.1.2 Renewal of Lease for Uniting Church Homes (Juniper) - 63 Wellington Street, Northam That Council approve the renewal of lease for 63 Wellington Street, Northam to Uniting Church Homes commencing on 1 May 2023 and terminating on 30 April 2025 in accordance with all covenants and conditions contained, expressed or implied in the Lease.
C.4689 15/03/23 13.1.3 Request to operate a Gyrocopter - Northam Airport That Council:
1. Grant permission to Corry Munson to operate a gyrocopter (registration No. G1829) from the Northam Airport, subject to the following conditions:
a. A lease being entered into for the development of a hangar on site 2, 6 or 11.
b. The operator adhering to the Northam Airport Rules of Operation and Civil Aviation Safety Authority (CASA) traffic regulations and Advisory Circulars.
c. The operator undertaking circuits at 500ft Above Ground Level.
d. The operator undertaking a maximum flying altitude of 500ft Above Ground Level and a minimum flying altitude of 300ft Above ground Level unless the express permission of the landowner has been provided.
e. The operator is prohibited from operating over private residences without express permission from the landowners.
f. This permission may be revoked in the event of non-compliance with the above conditions.
2. Amend the rules of operations to mandate the carriage and use of air-band radios for all users of the Northam Airport.
3. Include a standard entry in the En Route Supplement Australia (ERSA) Facilities (FAC) under Local Traffic Regulations that 'Carriage and use of radio is required by Aerodrome Operator (AD OPR)'.
C.4690 15/03/23 13.1.4 Review of Governance Policies That Council:
1. Adopts the following polices as amended and authorises the Chief Executive Officer to make the necessary adjustments to the Shire of Northam Policy Manual:
a. G 1.9 Council Member and Staff Interactions and Requests for Information;
b. G 1.10 Communications and Social Media Policy;
c. G 1.16 Acceptable Use of the Shire's Computing and Communication Resource - Council Members;
d. G 1.21 Elected Members Leave of Absence
e. A 8.3 Records Management
f. A 8.4 Complaints Management
g. A 8.5 Property Management (Leases and Licences)
2. Revoke policy G 1.17 Acceptable Use of the Shire's Computing and Communication Resources - Staff
C.4691 15/03/23 13.1.4 Review of Governance Policies That Council:
1. Adopts the following polices as amended and authorises the Chief Executive Officer to make administrative adjustments to the Shire of Northam Policy Manual:
a. G 1.1 Council Members - Continuing Professional Development
b. G 1.2 Attendance at Events - Council Members and the Chief Executive Officer
c. G 1.6 Approval of annual and long service leave for the CEO and appointment of an Acting CEO
2. Revoke Policy G 1.3 Attendance at Events – Chief Executive Officer.
C.4692 15/03/23 13.3.1 Proposed Scheme Amendment 18 - 54 Byfield St, Northam That Council SUPPORTS Amendment 18 to Shire of Northam Local Planning Scheme No. 6 without modification, pursuant to Regulation 50(3) of the Planning and Development (Local Planning Schemes) Regulations 2015, included in Attachment 1, for submission to the Western Australian Planning Commission.
C.4693 15/03/23 13.3.2 Proposed Incidental Use - 366 Horton Road, Woottating That Council:
Approve the development application (ref: P23000) to conduct an incidental use (block making) to the approval Industry – Extractive at Lot M1822 (No. 366) Horton Road, Woottating, subject to the following conditions:
1. The development hereby approved must 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. Site Plan (No. A1.01) dated 10/01/2023;
b. Operational Environmental Management Plan dated 21/12/2022; and
c. Works Plan dated 13/01/2023.
In the event of an inconsistency between the approved plans and a requirement of the conditions set out below, the requirement of the conditions shall prevail.
3. The block making shall be incidental to the predominant use of the site as an extractive industry. No retail sales are permitted.
4. This approval does not amend the previous development approval (ref: P21082 issued on 28/04/2022). The conditions remain valid and continue to have effect unless there is an inconsistency, the conditions of this approval shall prevail. 
5. Hours of operation of the block making activities are limited to Monday to Friday 7:00 am to 6:00 pm and Saturdays 7:00 am to 12 noon. No works are permitted outside these hours or on public holidays without the prior approval of the local government.
6. At all times during carrying out of the development all works and construction activities must be undertaken so as to avoid noise, vibration and dust nuisance to occupiers of land in the vicinity to the satisfaction of the local government.
7. Vehicular access to and from the extractive industry hereby permitted shall be via the Great Eastern Highway only.  There is to be no direct vehicular access from the Great Southern Highway to the extractive industry hereby permitted.
8. All car parking/loading areas, and vehicle access and circulation areas are to be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the local government.
9. The applicant must implement the recommendations contained in the Bushfire Management Plan prepared by Bushfire Protection Australia dated 09/07/2020 and approved by the local government for the duration of the development.
10. Prior to occupation or use of the development, the approved stormwater management measures shall be implemented and thereafter maintained to the satisfaction of the local government.
11. Should any complaints be received (e.g., noise or vibration), the Applicant shall employ suitably qualified personnel to prepare an assessment to recommend0 mitigation strategies, which shall be submitted to the local government for approval prior to implementation.
12. Existing trees shall be retained unless specifically identified for removal on the approved plans.
13. All wastes shall be stored within a designated bin enclosure and shall be collected from the site by a private contractor at the cost of the owner/ occupier.
C.4694 15/03/23 13.4.1 Accounts & Statements of Accounts - 1 February 2023 to 28 February 2023 That Council receive the payments for the period 1st February 2023 to 28th February 2023, as listed:

Municipal Fund payment cheque numbers 35556 to 35560 Total $44,706.25.
Municipal Fund EFT46316 to EFT46589 Total $1,775,425.15
Direct Debits Total $47,888.67
Payroll Total $532,957.08
 
TOTAL: $2,400,977.15

Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4695 15/03/23 13.4.2 Financial Statements for the period 1 February 2023 to 28 February 2023 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 28 February 2023.
C.4696 15/03/23 13.4.3 Budget Review 2022/23 That Council:

1. Receive the Budget Review for the eight (8) months ended 28 February 2023.
2. Authorise the Chief Executive Officer to amend the 2022/23 Budget in accordance with the attached report titled Budget Review 2022/23.
C.4697 15/03/23 13.5.1 Financial support for the 2023 National Ballooning Championships That Council allocate $40,000 in the 2023/2024 Draft Budget for Northam Ballooning Events Inc. to hold the 5th FAI Women’s World Hot Air Ballooning Championships.
C.4698 15/03/23 14 Motion to move 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) and (C) of the Local Government Act 1995, meet behind closed doors to consider agenda items:
  • 14.1 - Financier’s Side Deed – Northam Country Club, 15 Wood Drive, Northam – as it related to 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.
  • 14.2 - Chief Executive Officer Review Committee meeting held on 15 February 2023 – as it is a matter affecting an employee or employees.
  • 14.3 - Chief Executive Officer Review Committee meeting held on 08 March 2023 – as it is a matter affecting an employee or employees.
C.4699 15/03/23 14.1 Financier's Side Deed - Northam Country Club, 15 Wood Drive, Northam That Council authorise the Chief Executive Officer and Shire President to execute the Financier’s Side Deed subject to:

1. Section 2. Statement of intent and purpose being amended to include:

“2.3 Condition precedent The parties covenant and agree that the obligations under this Deed are conditional upon execution of the Deed of Assignment.”

2. 9.3 Legal Costs being amended to include:

(b) The Owner covenants and agrees to pay the Mortgagee’s reasonable legal costs in the review of this Deed.”

C.4700 15/03/23 14.2 Chief Executive Officer Review Committee Meeting held 15 February 2023 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 15 February 2023.
C.4701 15/03/23 14.2 Chief Executive Officer Review Committee Meeting held 15 February 2023 That Council:
1. Accept the minutes of the Chief Executive Officer Review Committee meeting held on 25 January 2023 be confirmed as a true and correct record of that meeting.
2. Authorise the Shire President to write to the Chief Executive Officer requesting written acceptance to amend his current contract of employment with the Shire of Northam, by amending the commencement date from 03/09/2018 to 01/03/2023, and the end date from 02/09/2023 to 29/02/2028.
3. Authorise the matter regarding the Chief Executive Officer’s current contract of employment with the Shire of Northam be raised as a matter of urgent business, and behind closed doors, at the Ordinary Council Meeting to be held on Wednesday 15 February 2023.
C.4702 15/03/23 14.3 Chief Executive Officer Review Committee Meeting held 08 March 2023 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 08 March 2023.
C.4703 15/03/23 14.3 Chief Executive Officer Review Committee Meeting held 08 March 2023 That Council:
1. Accepts the minutes of the Chief Executive Officer Review Committee meeting held on 15 February 2023 be confirmed at a true and correct record of that meeting.
2. Advise Mills Recruitment that their quote of $17,400 plus GST and advertising and incidentals is accepted and request they provide executive recruitment services for the upcoming Shire of Northam’s Chief Executive Officer Recruitment Process.
3. Authorise an unbudgeted expenditure of $17,400 plus GST from account 04042132 (consultants) to undertake the Chief Executive Officer recruitment process.
C.4704 15/03/23 14.9 Motion to move out from behind closed doors That Council move out from behind closed doors.