Ordinary Council Meeting - 16 March 2022

1. Approve a 10 year peppercorn lease for the Bakers Hill Fire Shed Lot 217 Great Eastern Highway, Bakers Hill to the Bakers Hill Out of School Care group in line with the Shire’s Policy A8.5 with the following conditions:

No occupancy of the shed until:

1. 1. A Development Approval and Building Approval has been obtained within 6 months from date of this determination.
   2. Outside funding has been applied for and approved for essential renovations;
   3. The shed has been improved to at least the minimum specifications;
   4. Not to be occupied until the Shire has issued an approved Certificate of Occupancy.
2. In the event the Bakers Hill Out of School Hours Care choose not to proceed with, or are unable to satisfy the conditions of, the lease, authorise the Chief Executive Officer to negotiate a lease with the Bakers Hill RSL.
   
   1. Request the Chief Executive Officer to report to Council the outcomes of the negotiations with the Bakers Hill RSL, for Council approval.

1. Adopt the attached 2021 Audit Compliance Report as required, prior to submission to the Department of Local Government, Sport and Cultural Industries.
2. Receives the update as provided in Attachment 1.
3. Receives the update as provided in Attachment 1 in relation to the progress made towards the Regulation 17 Action Plan.
4. Acknowledge that the Recommended Actions from the Regulation 17 Review are considered completed and not require the item to be provided in the future.
5. Receive the update as provided in the monthly Compliance Calendar Report.
6. Receives the February 2022 Shire of Northam Risk Register update.
7. Receives the COVID-19 Business Continuity Response Plan update.
8. Supports the COVID-19 Leave position included in the Pandemic Business Continuity Response Plan.

1. Appoint the Shire of Northam’s Executive Manager Corporate Services as the Deputy Local Recovery Coordinator.
2. Endorse the Local Emergency Management Arrangements as provided in Attachment 1.

1. Note the Community Emergency Services Manager Report as provided.
2. Note the Chief Bush Fire Control Officer Report as provided.

1. Accept the proposed cost variation of $42,183.89 for RFQ 21 of 2021 and authorise the CEO to execute the contract with the preferred supplier, WCP Civil Pty Ltd, for the agreed amount of $546,727.52 (ex GST), to complete works on the following roads:
   1. Parker St
   2. Cox St
   3. Clarke St
   4. Croke Ave
   5. Forward St
2. Accept the proposed cost variation of $33,474.97 for RFQ 24 of 2021 and authorise the CEO to execute the contract with the preferred supplier, WCP Civil Pty Ltd, for the agreed amount of $1,557,512.44 (ex GST), to complete works on the following roads:
   1. Dring Street;
   2. Charles Street;
   3. Wellington Street;
   4. Robinson Road;
   5. Jennapullin Road, and;
   6. Southern Brook Road.
3. Endorse the deferral of Linley Valley Road project to 2022/23 financial year.

1. Adopts for final approval LPP2 – General Development Guidelines as amended (Attachment 1):
2. Advertises the adoption of the amended version of LPP2 in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

1. The development hereby permitted shall 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 use of the development, the landscaping and reticulation shall be completed in accordance with the approved plans and maintained thereafter to the satisfaction of the local government.
4. Prior to use of the development, the car parking bays, vehicle access and circulation areas shown on the approved plans, shall be constructed, drained, and line marked and thereafter maintained to the satisfaction of the local government.
5. Deliveries shall be scheduled outside of peak site activity to minimise the potential conflict with drive-through traffic.

That Council receive the payments for the period 1 February 2022 to 28 February 2022, as listed:

• Municipal Fund payment cheque numbers 35478 to 35485 Total $54,320.55.
• Municipal Fund EFT42748 to EFT43015 Total $1,548,499.53.
• Direct Debits Total $89,055.24.
• Payroll Total $503,927.01

TOTAL: $2,195,802.33

Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).

1. Receive the Budget Review conducted for the six (6) months ended 31 January 2022.
2. Authorise the Chief Executive Office to amend the 2021/22 Budget in accordance with the attached report titled Budget Review as at 31 January 2022.

That Council endorse the amended Terms of Reference of the Nyoongar Cultural Advisory Group as attached:

• Allowing one proxy member per family group
• Removing 7. Sitting Fees for meeting attendance

That Council appoint the following community members to the Nyoongar Cultural Advisory Group, with the families to nominate 1 voting member and 1 proxy:

Ryder:

• Stella Joan Parfitt (nee Ryder)
• Vivienne Ryder

Garlett:

• Kirk Garlett

Stack:

• Elizabeth Stack
• Kate Stack

Slater:
 
McGuire:

• Deborah Moody (nee McGuire)

Kickett:

Moody:

• Priscilla Moody
• Julie Wynne (nee Moody)

Davis:

• Kathy Davis
• Jermaine Davis

Other Aboriginal and/or Torres Strait Islander Representatives:

• Brenda DeAtta

1. Advises Uniting Church Homes that it is prepared to amend the Contract for Sale of Land for 135-155 Wellington Street East, between the Shire of Northam (seller) and Uniting Church Homes trading as Juniper (buyer), by amending Clause 11 ‘Development’ to provide an additional nine (9) months (to November 30, 2022) to secure funding and commit to proceeding with the Aged Care Development. 
2. Authorises the Chief Executive Officer to explore potential future ‘developers’ of 135-155 Wellington Street East in the `context that the Council may decide to purchase the lots back in the event Uniting Church Homes are unable to satisfy the revised conditions outlined in item 1 of this recommendation.
3. Requests a further report to be presented to the Council in December 2022.

1. Dispose of Lot 291 Blackberry Close, Bakers Hill, by public auction with a reserve price consistent with the valuation received from Herron Todd White Valuers dated March 2022.
2. Engage a suitably qualified persons to undertake the public auction on behalf of the Shire of Northam and in the event the property is not sold by public auction, have the property listed with a local real estate agent
3. Accept offers for the sale of Lot 291 Blackberry Close, Bakers Hill for an amount not less than 90% of the sworn valuation.

1. Disposal of 21 ha of Lot 29081 Aphylla Road, Burlong by lease agreement for a period of three (3) years with a further option of two (2) years at the cost of $2,016 per annum.
2. The Lessee to maintain firebreaks and fences to the satisfaction of the Shire.
3. Advertisement of the property in accordance with s3.58 of the Local Government Act 1995.
4. The CEO and Shire President to affix the common seal to the lease agreement.