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Ordinary Council Meeting - 19 April 2023

Wednesday, April 19, 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 19 April 2023 at 5:30pm.

Summary of Decisions: 

Motion No. Decision Date Item No Subject Motion
C.4708 19/04/23 10.1 Confirmation of Minutes from the Ordinary Council Meeting held on 15 March 2023 That the minutes of the Ordinary Council meeting held on Wednesday, 15 March 2023 be confirmed as a true and correct record of that meeting.
C.4709 19/04/23 10.2 Confirmation of Minutes from the Special Council Meeting held on 22 March 2023 That the minutes of the Special Council meeting held on Wednesday, 22 March 2023 be confirmed as a true and correct record of that meeting.
C.4710 19/04/23 10.3 Notes from the Council Forum Meeting held on 12 April 2023 That Council receive the notes from the Council Forum meeting held on Wednesday, 12 April 2023.
C.4711 19/04/23 12.1 Bush Fire Advisory Committee Meeting held on 07 March 2023 That Council receive the minutes from the Bush Fire Advisory Committee meeting held on 07 March 2023.
C.4712 19/04/23 12.1 Bush Fire Advisory Committee Meeting held on 07 March 2023 That Council:

1. Accepts the minutes of the Bush Fire Advisory Committee meeting held on 06 December 2022 be confirmed as a true and correct record of that meeting, subject to the following amendments:
a)    Page 28, item 7.3 – Discussion – The word ‘approved’ being changed to ‘recommended’;

b)    Page 31, item 7.4 – Discussion item 7 – The words ‘The committee acknowledged that additional work is required on this matter to capture the nuances and practicality of the issues’ being added;

c)    Page 33, item 7.5 – Discussion – ‘Chief Bush Fire Control Officer’ being changed to ‘Nic Dewar’.

d)    Page 36, item 9.9 – the words ‘It was raised that the Clackline brigade have run out of physical permit books’ be replaced with ‘It was raised that the Clackline brigade’s permit books have been made invalid’.

2. Note the Community Emergency Services Manager Report as provided.
3. Note the Bushfire Risk Mitigation Coordinator Report as provided.
4. Request the Chief Executive Officer to review the policy/procedure for burning on verges and present the findings to the June 2023 Bush Fire Advisory Committee Meeting.
5. Request the Chief Executive Officer to investigate having the hydrant located within the Clackline-Muresk BFB Station vicinity or an alternative reliable water supply.
6. Request the Chief Executive Officer to liaise with the Shire of York in relation to co-funding and installing suitable capacity concrete water storage tanks near Leaver Rd and Wambyn Rd with the necessary outlets for water replenishment of appliances for firefighting duties in the area.
C.4713 19/04/23 13.2.1 RFT 03 of 2023 Northam Cemetery Maintenance That Council:
1. Accept the response to the Request for Tender 02 of 2023 – Northam Cemetery Maintenance from Wheatbelt Natural Resource Management for $103,616.40 (ex GST) per annum with an annual Perth CPI increase.
2. Authorise the Chief Executive Officer to make variations (maximum increase of 10%) to the awarded price prior to entering a contract for Northam Cemetery Maintenance, Request for Tender 02 of 2023 with Wheatbelt Natural Resource Management.
3. Authorise the Chief Executive Officer to enter into a contract for the Northam Cemetery Maintenance, Request for Tender 02 of 2023 with Wheatbelt Natural Resource Management for a period of one (1) year with one (1) two (2) years extension option at the discretion of the Chief Executive Officer in accordance with the specifications contained within the request for quote documents.
C.4714 19/04/23 13.2.2 2023-24 Footpath Program That Council:

1. Allocate $350,000 from the Local Roads and Community Infrastructure Fund towards the Fitzgerald Street/CBD Footpath, and
2. Endorse the draft footpath program for 2023/24 for inclusion in the draft Shire of Northam 2023/24 Budget as detailed in the agenda;
3. Authorise the Chief Executive Officer to undertake a feasibility study, including public consultation relating to the proposed 2024/25 Katrine Road Footpath link.
C.4715 19/04/23 13.3.1 Shire of Northam Local Planning Strategy Review That Council:
1. Endorse the amended Local Planning Strategy for submission to the Western Australian Planning Commission for certification in accordance with Regulation 12(1) of Planning and Development Regulations 2015.
2. Following certification by the Western Australian Planning Commission, advertise the amended Local Planning Strategy in accordance with Regulation 13 of the Planning and Development Regulations 2015.
3. In accordance with Regulation 13(2), request the Western Australian Planning Commission approve a longer advertising period than the standard 21 days for additional consultation.
4. Following completion of the advertising period, consider the issues raised in the submissions, any proposed modifications, and adopting the amended LPS for final endorsement.
C.4716 19/04/23 13.3.2 Public Health and Wellbeing Plan That Council:
1. Adopt the Shire of Northam Public Health and Wellbeing Plan 2023 – 2028.
2. Forward the Public Health and Wellbeing Plan 2023 - 2028 to the Department of Health, in accordance with the Public Health Act 2016.
C.4717 19/04/23 13.3.3 Northam Off-Leash Park That Council:
1. Receive the report on the development of an off-leash dog park
2. Identify 90 Clarke Street Northam as the preferred location for any future off-leash dog park.
3. Include the off-leash project in the 2023/2024 budget considerations list.
C.4718 19/04/23 13.4.1 Accounts & Statements of Accounts - 01 March 2023 to 31 March 2023 That Council receive the payments for the period 01 March 2023 to 31 March 2023, as listed:
•                    Municipal Fund payment cheque numbers 35561 to 35567 Total $99,140.70.
•                    Municipal Fund EFT46590 to EFT46947 Total $1,607,455.61.
•                    Direct Debits Total $93,601.35.
•                    Payroll Total $762,132.18.
TOTAL: $2,562,329.84
Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4719 19/04/23 13.4.2 Financial Statements for the period ending 31 March 2023 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 31 March 2023.
C.4720 19/04/23 13.4.3 Finance Policies That Council adopt the finance policies as presented;
a)    F 4.2 Procurement Policy
b)    F 4.3 Investment Policy
c)    F 4.5 End of Year surplus
d)    F 4.6 Asset disposal
e)    F 4.7 Annual and Long Service Leave Liability Policy
f)       F 4.8 Rates Hardship Policy
g)    F 4.11 Budget Variation Reporting
C.4721 19/04/23 13.5.1 Nyoongar Cultural Advisory Group Meeting 16 February 2023 That Council:
1. Accepts the notes from the Nyoongar Cultural Advisory Group (NCAG) meeting held on 16 February 2023 as provided in Attachment 13.5.1.1.
2. Endorse the following outcomes:
a) Chief Executive Officer to advise the NCAG of the preferred candidate for the Aboriginal Cultural Advisor role.
b) Staff to work collaboratively with other agencies on the delivery of NAIDOC Week activities.
c) Chief Executive Officer to investigate ways the Shire of Northam can facilitate payment to Elders for Welcome to Country when individuals do not have an ABN.
d) Staff in Development Services to investigate permissions given regarding fence across Mortlock River.
e) Chief Executive Officer to investigate Elder’s request for toilets at Burlong Pool.
f) Council acknowledges that the Ballardong name for Avon River is: GULGULGA and will incorporate dual-naming in relevant signage and publications.
g) Staff to coordinate and trial a multi-agency Nyoongar Advisory meeting.
h) Chief Executive Officer to write to Central Regional TAFE – Northam seeking dual-naming or alternative Aboriginal recognition for the Northam TAFE.
i) Staff to investigate lighting in the BBQ area at Bernard Park.
C.4722 19/04/23 14 Matters Behind Closed Doors That Council approve the following new business of an urgent nature, in accordance with clause 5.4 (1) of the Standing Orders Amendment Local Laws 2018 and authorise this to be considered under item 14 – Matters Behind Closed Doors:

16.1 – Chief Executive Officer Review Committee Meeting held 12 April 2023.
16.2 - Chief Executive Officer Review Committee Meeting held 17 April 2023.
C.4723 19/04/23 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 items:
- 14.1 - Northam Depot Redevelopment – Proposed Variation to Contract – as it relates to a contract entered into, or which may be entered into.
- 14.2 - Lease of Killara Cottage - Portion of 2 Burgoyne Street, Northam - as it relates to a contract entered into, or which may be entered into.
 
Urgent Business:
- 16.1 - Chief Executive Officer Review Committee Meeting held 12 April 2023 – as it is a matter affecting an employee or employees.
- 16.2 - Chief Executive Officer Review Committee Meeting held 17 April 2023 – as it is a matter affecting an employee or employees.
C.4724 19/04/23 14.1 Northam Depot Redevelopment - Proposed Variation to Contract That Council endorse the variation to Contract C.202021-08 Supply and Construct Machinery and Storage sheds for $49,078 bringing the total contract value to $432,803.
C.4725 19/04/23 14.2 Lease of Killara Cottage - Portion of 2 Burgoyne Street, Northam That Council:
1. Approves the disposal of the Killara Respite Centre Cottage 2 (as marked in blue on Attachment 14.2.1) located at 2 Burgoyne Street, Northam, by way of public tender.
2. Sets the lease terms to include;
a) A lease term of 3 years with a 2 year renewal option.
b) Rent: As negotiated;
c) The lessee is to reimburse the Shire of Northam for 50% of the expenses relating to fire equipment/smoke alarm monitoring and pest control;
d) The lessee is responsible for cleaning and minor maintenance of the Premises.
e) The Lessor being responsible for the external garden maintenance and the lessee being responsible for garden maintenance within the Premises;
f) The lessee is responsible for 50% of the building insurance premium. The Lessee will reimburse the Shire for any excess in respect of any claim.
g) The lessee is responsible for building works within the Cottage and installation of fencing between cottage 1 and cottage 2.
h) At the discretion of the lessor, the lessee is to reinstate, remove or do away with any additions, alterations or improvements to the Premises at the expense of the lessee upon the expiration of lease or any subsequent renewal.
i) All other conditions in accordance with Policy A 8.5 Property Management (Leases and Licenses).
3. Requires the public tender submissions to address the following;
a) Proposed annual lease.
b) Any capital improvement requirements and who will be responsible to fund them.
c) Intentions in relation to existing furniture & equipment (proposal to purchase or dispose of).
d) Identified need for proposed use and identified community benefit/outcome.
e) Any other details as considered appropriate by the Chief Executive Officer.
4. Present the outcomes of the public tender back to Full Council for a final determination.
C.4726 19/04/23 14 Matters behind closed doors 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.4727 19/04/23 16.1 Chief Executive Officer Review Committee Meeting held on 12 April 2023 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 12 April 2023.
C.4728 19/04/23 16.1 Chief Executive Officer Review Committee Meeting held on 12 April 2023 That Council accepts the minutes of the Chief Executive Officer Review Committee meeting held 08 March 2023 to be confirmed as a true and correct record of that meeting.
C.4729 19/04/23 16.2 Chief Executive Officer Review Committee Meeting held on 17 April 2023 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 17 April 2023.
C.4730 19/04/23 16.2 Chief Executive Officer Review Committee Meeting held on 17 April 2023 Decision withheld from public record as per decision number C.4732.
C.4731 19/04/23 14 Matters behind closed doors 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.4732 19/04/23 14 Matters behind closed doors That Council withhold decision C.4730 until contract negotiations are finalised.
C.4733 19/04/23 14 Matters behind closed doors That Council move out from behind closed doors.