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Ordinary Council Meeting - 20 December 2023

Wednesday, December 20, 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 20 December 2023 at 5:30pm.

Summary of Decisions: 

Motion No. Item No Subject Motion
C.4904 10.1 Confirmation of Minutes from the Ordinary Council Meeting held on 15 November 2023 That the minutes of the Ordinary Council meeting held on Wednesday, 15 November 2023 be confirmed as a true and correct record of that meeting.
C.4905 10.2 Notes from the Council Forum Meeting held 13 December 2023 That Council receive the notes from the Council Forum meeting held on Wednesday, 13 December 2023.
C.4906 10.3 Notes from the Strategic Council Meeting held on 22 November 2023 That Council receive the notes from the Strategic Council meeting held on Wednesday, 22 November 2023.
C.4907 10.4 Confirmation of Minutes from the Local Emergency Management Committee Meeting held 20 July 2023 That the minutes of the Local Emergency Management Committee Meeting held on Thursday, 20 July 2023 be confirmed as a true and correct record of that meeting.
C.4908 12.1 Bush Fire Advisory Committee Meeting held on 14 November 2023 That Council receive the minutes from the Bush Fire Advisory Committee meeting held on 14 November 2023.
C.4909 12.1 Bush Fire Advisory Committee Meeting held on 14 November 2023 That Council:

1. Note that the minutes of the Special Bush Fire Advisory Committee meeting held on 25 July 2023 are confirmed as a true and correct record of that meeting.

2. Notes the Community Emergency Services Manager Report as provided.

3. Notes the report from the Bushfire Risk Mitigation Coordinator as provided.

4. Adopts the updated Section 4 and Section 5 of the Bush Fire Manual as presented, to replace the previous Section 4 and Section 5 of this document from 2018.

5. Approves a transition target period of 18 months for the training requirements of roles specified within Section 4 and 5, to allow members currently holding these positions to meet any training gaps while continuing to fill these roles.

6. Notes the Chief Bush Fire Control Officer Report as provided.

7. Impose a Harvest, Vehicle Movement and Hot Works Ban for the following dates/times:

 - 24 December 2023 – 1200hrs to 2400hrs.
 - 25 December 2023 – Full 24 hours.
 - 26 December 2023 – Full 24 hours.
 - 31 December 2023 – 1200hrs to 2400hrs.
 - 01 January 2024 – Full 24 hours.
 - 26 January 2024 – Full 24 hours.
 - 27 January 2024 – 0900hrs to 1800hrs.
 - 28 January 2024 – 0900hrs to 1800hrs.
C.4910 12.2 Community Grants Assessment Committee Meeting held on 20 November 2023 That Council receive the minutes from the Community Grants Assessment Committee meeting held on 20 November 2023.
C.4911 12.2 Community Grants Assessment Committee Meeting held on 20 November 2023 That Council:

1. Accepts that the minutes of the Community Grants Assessment Committee Meeting held on 31 October 2022 are confirmed as a true and correct record of that meeting.

2. NOT SUPPORT a 3-year recurrent funding agreement with the Northam Army Camp Heritage Association (NACHA) starting in 2024/25; and

3. CONSIDER provision for funding of up to $20,000 (excl. GST) in the 2024/25 Council Budget for the Northam Army Camp Heritage Association for delivery of the 2024 Northam Heritage & Multicultural Festival, subject to NACHA agreeing to work in collaboration with the Shire of Northam on event management, activation and marketing.

4. Accepts the update of Quick Response Grant Applications for 2022/23.

5. Accepts the update of the progress of the Community Development Grants.
C.4912 12.3 Community Safety Committee Meeting held on 21 November 2023 Community Safety Committee Meeting held on 21 November 2023
C.4913 12.3 Community Safety Committee Meeting held on 21 November 2023 That Council:

1. Note that the minutes of the Community Safety Committee meeting held on 15 August 2023 are confirmed as a true and correct record of that meeting.

2. Endorse the CCTV Audit Report incorporating the CCTV Strategy, CCTV Policy and Operational Guidelines as presented.

3. Consider an allocation of $50,000 at the 2023/24 budget review to commence the implementation of the CCTV Audit Report.

4. Request that the Chief Executive Officer develop a Video Surveillance Policy for the Shire of Northam.

5. Receives the agency updates as provided.
C.4914 12.4 Audit & Risk Management Committee Meeting held on 11 December 2023 That Council receive the minutes from the Audit & Risk Management Committee meeting held on 11 December 2023.
C.4915 12.4 Audit & Risk Management Committee Meeting held on 11 December 2023 That Council:

1. Accepts that the minutes of the Audit and Risk Management Committee Meeting held on 22 August 2023 are confirmed as a true and correct record of that meeting.

2. Adopts the updated Audit & Risk Management Committee Terms of Reference as set out in Attachment 6.1.1.

3. Notes that a report with further updates on the Local Government Act 1995 reforms pertaining to clause 5.100 will be provided to the February 2024 Audit & Risk Management Committee.

4. Holds the Annual Electors General Meeting on Wednesday, 24 January 2024 at 5:00pm at the Shire Administration Centre and authorise the Chief Executive Officer to give public notice of the meeting from Friday 22 December 2023.

5. Receives the November 2023 update as provided in the Monthly Compliance Report.

6. Receive the October 2023 update as provided in Attachment 6.3.1 in relation to the progress made towards the Privacy and Responsible Information Sharing (PRIS) Action Plan.

7. Receives the December 2023 Shire of Northam Risk Register update.

8. Requests the Chief Executive Officer to remove the following risk treatment from the Risk Register due to being a duplicate of risk treatment MC00012:
  - a. MC00033: Biennial Customer Satisfaction & Community Needs Survey.

9. Confirms the ‘Health & Safety’ risk register as presented with the following amendments:
 - a. Change any reference to the Occupational Health & Safety Act 1985 to the Work Health & Safety Act 2020.
 - b. Change any reference of “OSH” to “WHS”.
 - c. Archiving risk R00032 “Inadequate Organisation and Community Emergency Management” and associated risk treatments.
 - d. Archiving risk R00048 “Aquatic Facility - Ineffective Project Management” and associated risk treatments.
 - e. Amend risk treatment MC00042 “Implement recommendations from OHS Audit & Report to Audit & Risk Committee” to “Provide a progress update on the implementation of the recommendations from the 2023 WHS Audit to every second meeting of the Audit & Risk Committee.”
 - f. Archive risk treatment MC00045 “Senior Management Meeting (where the OSH system is reviewed and KPI’s are measured as an agenda item).”
 - g. Add Acting Executive Manager, Community Services and Executive Manager, Development Services as “sign offs” to Risk Treatment M00095.
 - h. Archiving risk treatment MC00057 “Manage Major Projects - Project Performance and Control. Provides process for managing projects.”
 - i. Archiving risk treatment MC00159 “Review project management framework to ensure it remains appropriate/relevant.”
 - j. Archiving risk R00049 “Aquatic Facility - Insufficient OHS in place for project” and associated risk treatments.
 - k. Archiving risk R00056 “Unsafe Playground equipment” and associated risk treatment.
 - l. Amend MC00027 “Establishment of a 'functional' Local Emergency Management Committee, which meets six monthly” to “Establishment of a 'functional' Local Emergency Management Committee, which meets quarterly”.
 - m. Archiving risk R00055 “Inadequate Cleaning of Shire Facilities” and associated risk treatments.

10. Requests the Chief Executive Officer to implement a new backup and disaster recovery server to be hosted at an offsite location for business continuity aligned with the ICT Business Continuity and Disaster Recovery Plan.

11. Receives the December 2023 update as provided in Attachment 1 in relation to the progress made towards the Regulation 17 Action Plan.

12. Receives the update as provided in Attachment 1 in relation to the progress made towards the Financial Management Systems Review Action Plan.

13. Acknowledge the Recommended Actions from the Financial Management System Review are considered completed and not require the item to be provided in the future.

14. Receives the update as provided in Attachment 1 in relation to the progress made towards implementation of the ICT Strategic Plan.
C.4916 12.4 Audit & Risk Management Committee Meeting held on 11 December 2023 That Council, By Absolute Majority:

1. In accordance with Sections 5.53 and 5.54 of the Local Government Act 1995, accepts the Annual Financial Report for the 2022/23 financial year; and

2. In accordance with Section 5.55 of the Local Government Act 1995, authorises the Chief Executive Officer to give public notice of the availability of the Annual Report from Friday, 22 December 2023.
C.4917 13.1.1 A 8.5 Property Management (Leases & Licences) Policy That Council:

1. Adopt the reviewed Policy - A 8.5 Property Management (Leases and Licences) as per Attachment 13.1.1.1.

2. Authorise the Chief Executive Officer to adjust the Policy Manual to include Policy amendments.
C.4918 13.1.2 G 1.14 Gratuity and Gifts Policy That Council:

1. Adopt the reviewed Policy - G 1.14 Gratuity, Gifts and Service Milestones as per attachment 13.1.2.1.

2. Authorise the Chief Executive Officer to adjust the Shire of Northam’s Policy Manual to include Policy amendments.
C.4919 13.1.3 Request for Fee Waiver - Blue Light Pool Party That Council approve a fee waiver of $2,611.00 excl. GST to the Northam Police and Community Youth Centre (PCYC) for the costs associated with the booking of the Northam Aquatic Facility on 9 February 2024 for the Blue Light Pool Party.
C.4920 13.2.1 RFQ 15 of 2023 - 2023-2024 Road Program
C.4921 13.2.1 RFQ 15 of 2023 - 2023-2024 Road Program That Council:

1. Accept the response to the Request for Quote 15 of 2023 – 2023/24 Road Program for $1,716,525.39 (excl GST) to upgrade portions of the following roads:
 - a. Mokine Road
 - b. Henry Street
 - c. Beavis Place
 - d. Forrest Street
 - e. Fitzgerald Street
 - f. Linley Valley Road

2. Authorise the Chief Executive Officer to make variations (maximum increase of 10%) to the awarded price prior to entering a contract for the 2023/24 Road Program, Request for Quote 15 of 2023 with GDR Civil.

3. Authorise the Chief Executive Officer to enter into a contract for the 2023/24 Road Program, Request for Quote 15 of 2023 with GDR Civil.
C.4922 13.3.1 Request to Relinquish Management Order - 19 May Street, Northam That Council:

1. Agrees to relinquish the Management Order of 19 May Street, Northam for the purposes of the Department of Communities’ acquisition and development of social housing for seniors.

2. Advise the Department of Communities and the Minister for Lands that the Shire agrees to relinquish the Management Order for the purposes of the development of social housing for seniors.
C.4923 13.3.2 Proposed Partial Road Closure - Clackline-Toodyay Road, Clackline That Council authorise the Chief Executive Officer to commence the processes to formally close the subject portion of Clackline-Toodyay Road, Clackline for acquisition and amalgamation into 190 Clackline-Toodyay Road, Clackline in accordance with the provisions of the Land Administration Act 1997.
C.4924 13.4.1 Accounts & Statement of Accounts - November 2023 That Council receive the payments for the period 1 to 30 November 2023, as listed:

 - Municipal Fund payment cheque numbers 35611 to 35617 Total $48,195.42.
 - Municipal Fund EFT49037 to EFT49406 Total $2,507,365.26.
 - Direct Debits Total $106,162.63.
 - Payroll Total $570,488.72.

TOTAL: $3,232,212.03

that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4925 13.4.2 Financial Report for the period ending 30 November 2023 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 30 November 2023.
C.4926 13.5.1 Wundowie Museum Request That Council:

1. Notes the business plan provided by the Wundowie Progress Association for the proposed Wundowie museum.

2. Considers the request from the Wundowie Progress Association for a $40,000 funding contribution from the Shire as part of the review of the 2023/24 budget.

3. Requests the Chief Executive Officer to discuss further with the Wundowie Progress Association the project delivery and operational costs for the proposed Wundowie museum and provide this information to Council as part of the 2023/24 budget review.
C.4927 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) & (B) of the Local Government Act 1995, meet behind closed doors to consider agenda items:
 - 14.1 Chief Executive Officer Review & Selection Committee Meeting held on 22 November 2023, as the matter relates to an employee/employees; and,
 - 14.2 Application under F4.8 Rates Hardship – A16154, as the matter relates to the personal affairs of a person.
C.4928 14.2 Application under F4.8 Rates Hardship - A16154 That Council, by Absolute Majority, authorise the Chief Executive Officer to accept the special payment arrangement and waive further interest on assessment A16154.
C.4929 14.1 Chief Executive Officer Review & Selection Committee Meeting held on 22 November 2023 That Council receive the minutes from the Chief Executive Officer Review & Selection Committee meeting held on 22 November 2023.
C.4930 14.1 Chief Executive Officer Review & Selection Committee Meeting held on 22 November 2024 That Council:

1. Notes that the minutes of the Chief Executive Officer Review & Selection Committee Meeting held on 22 November 2023 are confirmed as a true and correct record of that meeting.

2. Notes the progress report on the Chief Executive Officer’s interim Key Performance Indicators for the period 16 October to 17 November 2023 included as Attachment 1 to the report.

3. Notes that a report will be presented to the February CEO Review Committee on Key Performance Indicators that will take effect from 1 July 2024.

4. Request quotations from suitably qualified external consultants to assist with setting the Chief Executive Officer’s Key Performance Indicator’s for 2024/25 and the Chief Executive Officer end of year performance review.

5. Endorse that the Chief Executive Officer Review & Selection Committee meet quarterly in line with the Strategic Council Meeting, with additional meetings to be called as required.
C.4931 14 Matters Behind Closed Doors That Council move out from behind closed doors.