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Ordinary Council Meeting - 15 May 2024

Wednesday, May 15, 2024 - 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 May 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.

Summary of Decisions: 

Motion No. Item No Subject Motion
C.5009 10.1 Confirmation of Minutes from the Ordinary Council Meeting held 17 April 2024 That the minutes of the Ordinary Council meeting held on Wednesday, 17 April 2024 be confirmed as a true and correct record of that meeting
C.5010 10.2 Notes from the Council Forum Meeting held 08 May 2024 That Council RECEIVE the notes from the Council Forum meeting held on Wednesday, 08 May 2024.
C.5011 10.3 Notes from the Strategic Council Meeting held 27 March 2024 That Council RECEIVE the notes from the Strategic Council meeting held on Wednesday, 27 March 2024.
C.5012 13.5.1 Community Progress Association Annual Budget Requests That Council SUPPORTS the following funding requests from the various Shire of Northam Progress & Community Associations being considered as part of the 2024/25 budget:

1. $1,200 (excluding GST) to the Bakers Hill Progress & Recreation Association for the Bakers Hill Australia Day Breakfast 2025;

2. $4,500 (excluding GST) to the Bakers Hill Progress & Recreation Association for the Bakers Hill Family Fair 2025;

3. $3,000 (excluding GST) to the Spencers Brook Progress Association for the Spencers Community Engagement Events;

4. $5,000 (excluding GST) to the Wundowie Progress Association for the Wundowie Australia Day Event 2025;

5. $10,000 (excluding GST) to the Grass Valley Progress Association for the Goods Shed Mural, subject to the lease being finalised;

6. $500 (excluding GST) to the Grass Valley Progress Association for the Grass Valley ANZAC Day Service 2025;

7. $1,200 (excluding GST) to the Quellington Progress & Sporting Association for Public Liability Insurance;

8. $1,500 (excluding GST) to the Quellington Progress & Sporting Association for Social Events;

9. $1,000 (excluding GST) to the Quellington Progress & Sporting Association for the purchase of a BBQ;

10. $6,300 (excluding GST) to the Southern Brook Community Association for the purchase of reverse cycle air-conditioners for installation at the Southern Brook Hall; and

11. $1,900 (excluding GST) to the Southern Brook Community Association for the purchase of new chairs for the Southern Brook Hall.
C.5013 13.5.1 Community Progress Association Annual Budget Requests That Council ADJOURN the meeting in accordance with the Shire of Northam Standing Orders Local Law 2018 s.15.1.
C.5014 13.5.1 Community Progress Association Annual Budget Requests That Council RESUME the meeting in accordance with the Shire of Northam Standing Orders Local Law 2018 s.15.1
C.5015 13.5.1 Community Progress Association Annual Budget Requests That Council REMOVE the following funding requests from the recommendation:

1. The Spencers Brook Progress Association Station Masters House Gutter Replacement & Rainwater Tank;

2. The Spencers Brook Progress Association Station Masters House Bathroom Floor Replacement;
C.5016 13.5.1 Community Progress Association Annual Budget Requests That Council NOT SUPPORT the following funding requests from the various Shire of Northam Progress and Community Associations in 2024/25:

1. The Wundowie Progress Association Playground Equipment;

2. The Wundowie Progress Association Location Sign, noting this project will be allocated through the Tourism Public Relations & Area Promotions budget; and

3. The Grass Valley Progress Association Grass Valley Hall ablutions upgrade, noting this project will be costed for future budget considerations.
C.5017 13.5.1 Community Progress Association Annual Budget Requests That Council REQUESTS the Chief Executive Officer to prepare a report for the June 2024 Ordinary Council Meeting outlining the legal, financial and any other consequences posed by potentially revoking or changing previous Council decision C.3452 in its relation to the following funding requests:

1. The Spencers Brook Progress Association Station Masters House Gutter Replacement & Rainwater Tank;

2. The Spencers Brook Progress Association Station Masters House Bathroom Floor Replacement;
C.5018 13.4.6 Differential Rate - Chamber of Commerce That Council:

1. APPROVES the continuation of the current differential rate structure for the purpose of marketing and promotion of local businesses and continue to levy a differential rate of $127,000 applied to relevant properties within the Shire of Northam annually, for the Northam Chamber of Commerce for the period 1 July 2024 to 30 June 2027;

2. REQUESTS the Northam Chamber of Commerce to contact all differential rate payers annually to advise them of their membership to the Northam Chamber of Commerce as part of their differential rates; and

3. REQUIRES the Northam Chamber of Commerce to report to the Shire of Northam on the proposed Key Performance Indicators outlined in Attachment 13.4.6.1 annually.
C.5019 12.1 Audit & Risk Management Committee Meeting held 22 April 2024 That Council RECEIVE the minutes from the Audit & Risk Management Committee meeting held on 22 April 2024.
C.5020 12.1 Audit & Risk Management Committee Meeting held 22 April 2025 That Council:

1. NOTES the information provided in Attachment 6.1.1.

2. RECEIVES the April 2024 update on the Compliance Calendar as provided in Attachments 6.2.1 and 6.2.2.

3. RECEIVES the April 2024 update on the Shire of Northam Risk Register.

4. APPROVES the category “Strategic” risk register as presented with the following amendments:
a. MC00003 - Amend treatment to: Review “Our Plan for the Future” every year (desktop) and major reviews to be carried out in 2026 and 2030 years (major).
b. MC00004 – Remove treatment.
c. MC00005 – Amend treatment to - Review Workforce Plan to ensure it reflects ‘Our Plan for the Future’.
d. MC00006 – Remove treatment.
e. MC00007 – Change frequency to annually.
f. MC00052 - Amend treatment to:
i. Ensure any / all staff misconduct investigated in the last 12 months has been managed effectively and consistently in line with relevant procedures.
ii. Change sign off to be the Coordinator of People & Culture.
iii. Change to annual sign off.

5. RECEIVES the April 2024 update as provided in Attachment 6.5.1 in relation to the progress made towards the Regulation 17 Action Plan; and

6. ADOPTS the reviewed ICT Strategic Plan as provided in Attachment 6.5.2.

7. RECEIVED the update as provided in Attachment 6.6.1 in relation to the progress made towards the ICT Strategy Plan.
C.5021 13.1.1 Leases for Community Halls That Council APPROVES the Chief Executive Officer entering into a lease agreement with Bakers Hill Progress Association for A2762 Bakers Hill Pavilion – Reserve 4200, 17 Berry Brow Road, Bakers Hill, at $1.00 per annum, subject to the following conditions;

1. Compliance with Council Policy A8.5 Property Management (Leases & Licences);

2. An inclusion in the lease agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year; and

3. The Minister for Lands granting section 18 consent prior to the leasing of the land.
C.5022 13.1.1 Leases for Community Halls That Council APPROVES the Chief Executive Officer entering into a lease agreement with Clackline Progress Association for A504 Clackline Hall – Reserve 29179, 40 Kimberley Road, Clackline, at $1.00 per annum, subject to the following conditions;

1. Compliance with Council Policy A8.5 Property Management (Leases & Licences);

2. An inclusion in the lease agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year; and

3. The Minister for Lands granting section 18 consent prior to the leasing of the land.
C.5023 13.1.1 Leases for Community Halls That Council APPROVES the Chief Executive Officer entering into a lease agreement with Southern Brook Community Association for A998 Southern Brook Hall – Reserve 11514, 1715 Southern Brook Road, Southern, at $1.00 per annum, subject to the following conditions;

1. Compliance with Council Policy A8.5 Property Management (Leases & Licences);

2. An inclusion in the lease agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year; and

3. The Minister for Lands granting section 18 consent prior to the leasing of the land.
C.5024 13.1.1 Leases for Community Halls That Council APPROVES the Chief Executive Officer entering into a lease agreement with Wundowie Progress Association for A322 Wundowie Hall - Reserve 24259, 47 Boronia Avenue, Wundowie, at $1.00 per annum, subject to the following conditions;

1. Compliance with Council Policy A8.5 Property Management (Leases & Licences);

2. An inclusion in the lease agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year; and

3. The Minister for Lands granting section 18 consent prior to the leasing of the land.
C.5025 13.1.2 Wundowie Tennis Courts & Club Room Lease That Council include the following condition to action 2 of the recommendation:

"c. Further consideration being made in negotiations with the Wundowie Progress Association regarding hiring arrangements of the Tennis Courts, and related establishment of fees being included in the 2024/25 Council Fees and Charges."
C.5026 13.1.2 Wundowie Tennis Courts & Club Room Lease That Council:

1. APPROVES the Chief Executive Officer entering into a lease arrangement with the Wundowie Progress Association for the Wundowie tennis courts and tennis court storage shed on a portion of Reserve 24267 (refer Attachment 13.1.2.1) on a peppercorn arrangement:
a. For $1.00 per annum; and
b. For a term of 5 years, with an optional 5-year renewal option.
 

2. NOTES the lease arrangement is subject to:
a. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage; and
b. Adherence to A8.5 Property Management (Leases & Licences) section 8.2.
c. Further consideration being made in negotiations with the Wundowie Progress Association regarding hiring arrangements of the Tennis Courts, and related establishment of fees being included in the 2024/25 Council Fees and Charges.
C.5027 13.1.3 Shire of Northam Bush Fire Brigade Local Law 2024 That Council:

1. In accordance with Section 3.12(3)(a) of the Local Government Act 1995, GIVES local public notice stating that the Shire of Northam proposes to make a Bush Fire Brigades Local Law 2024, a summary of its purpose and effect being:
 
Purpose
To make provisions about the establishment and organisation of bush fire brigades.

Effect
To align the Shire of Northam Bushfire Brigades Local Law with legislative requirements under the Bush Fires Act 1954 and operational practice.

2. NOTES that:
a. Copies of the proposed Bush Fire Brigades Local Law 2024 may be inspected at the Shire’s offices and will be made available on the Shire’s website.
b. Submissions regarding the proposed Bush Fire Brigades Local Law 2024 may be made to the Shire within a period of 6 weeks after the public notice is given.
c. In accordance with Section 3.12(3)(b) of the Local Government Act 1995, as soon as the notice is given, a copy of the proposed Bush Fire Brigades Local Law 2024 will be provided to the Minister for Emergency Services and the Minister for Local Government; and
d. In accordance with Section 3.12(3)(c) of the Local Government Act 1995, a copy of the proposed Bush Fire Brigades Local Law 2024 will be supplied to any person requesting it.

3. NOTES that all submissions received will be presented to Council for consideration
C.5028 13.1.3 Shire of Northam Bush Fire Brigade Local Law 2024 That Council APPROVES any future review of the Bush Fire Manual being endorsed by the Chief Executive Officer due to the operational nature of the document.
C.5029 13.1.4 WALGA Request for reduces Licence Fee - Office space, Northam Visitor Centre, 2 Grey Street, Northam That Council APPROVES the Chief Executive Officer varying the current licence agreement with the WA Local Government Association for the hiring of one office space in the Northam Visitor Centre, 2 Grey Street, Northam, at a cost of $333.33 per month, or $4000.00 per annum with a start date of 1 May 2024.
C.5030 13.2.1 Northam CBD Streetscape Strategy That Council ADOPTS the Shire of Northam Character Study and Streetscape Concept Plan as outlined in Attachment 13.2.1.1.
C.5031 13.3.1 Proposed Telecommunications Facility That Council APPROVES the development application (ref: P24035) for the construction of a telecommunications facility at Lot 802 (No. 3484) Great Eastern Highway, Copley, subject to the following conditions:

1. The development hereby approved must substantially commence within two (2) years from the date of determination;

2. The development hereby permitted shall be carried out in accordance with the stamped approved plans;

3. Prior to commencement of any works, suitable arrangements shall be made with Main Roads WA for the provision of a vehicular crossover to the proposed new access track; and

4. The colour of the proposed equipment to be installed shall be compatible with the locality.
C.5032 13.4.1 Accounts & Statement of Accounts - April 2024 That Council RECEIVES the payments for the period 1 April 2024 to 30 April 2024, as listed:

•                   Municipal Fund payment cheque numbers 35634 to 35636 - Total $44,401.62.
•                   Municipal Fund EFT50442 to EFT50726 - Total $1,997,440.24.
•                   Direct Debits - Total $107,122.20.
•                   Payroll - Total $549,361.95.

TOTAL: $2,698,326.01

that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.5033 13.4.2 FINANCIAL REPORT FOR THE PERIOD ENDING 30 APRIL 2024 That Council receives the Financial Statement, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 30 April 2024.
C.5034 13.4.3 Adoption of 2024/25 Schedule of fees and Charges That Council, BY ABSOLUTE MAJORITY, ADOPTS the Schedule of Fees and Charges 2024/25 (Attachment 13.4.3.1), to take effect from 1 July 2024.
C.5035 13.4.4 Revised Long Term Financial Plan That Council ENDORSES the revised Long Term Financial Plan for 2021/22 to 2032/33 as presented in Attachment 13.4.4.1.
C.5036 13.4.5 Customer Service Charter Review That Council ADOPTS the revised Shire of Northam Customer Service Charter 2024 as outlined in Attachment 13.4.5.1.
C.5037 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) (C) of the Local Government Act 1995, meet behind closed doors to consider agenda item 14.1 - Location of Council Chambers relates 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.
C.5038 14.1 Location of Council Chambers That Council:

1. ENDORSES further investigations into preferred Option 2 – New Modular Building outside the Shire Administration Office or Create 298 for the relocation of the Council Chambers; and

2. AUTHORISES the Chief Executive Officer to investigate designs, obtain quotes and timelines for this project to be presented for future consideration.
C.5039 14 Matters Behind Closed Doors That Council move out from behind closed doors.