Ordinary Council Meeting - 20 July 2022

Wednesday, July 20, 2022 - 05:30 PM

An Ordinary Council Meeting was held in the Council Chambers at 395 Fitzgerald Street, Northam on 20 July 2022 at 5:30pm.

Summary of decisions:

Decision No. Item No. Item Name Decision
C.4495 10.1 ORDINARY COUNCIL MEETING HELD ON 15 JUNE 2022 That the minutes of the Ordinary Council meeting held on Wednesday, 15 June 2022 be confirmed as a true and correct record of that meeting.
C.4496 10.2 NOTES FROM THE COUNCIL FORUM MEETING HELD ON 13 JULY 2022 That Council receive the notes from the Council Forum meeting held Wednesday, 13 July 2022 subject to the following amendment:
  • Cr Paul Curtis being recorded as an apology from 5:40pm.
C.4497 12.1 BUSH FIRE ADVISORY COMMITTEE MEETING HELD ON 14 JUNE 2022 That Council receive the minutes from the Bush Fire Advisory Committee  meeting held on 14 June 2022.
C.4498 12.1 Adoption of Recommendations: That Council:
  1. Note the Community Emergency Services Manager Report as provided.
  2. Note the Chief Bush Fire Control Officer Report as provided.
  3. Appoints the following as Fire Control Officers for the 2022/23 Season in accordance with the criteria in section 5 of the Shire of Northam Bushfire Manual:
    • Clackline/Muresk VBFB
      • Blair Wilding
      • Matthew Letch
      • Justin Fox (subject to meeting the minimum training requirements before the start of the 2022/23 season)
      • Richard Welch
    • Grass Valley VBFB
      • Phil Lloyd
      • Paul Reynolds
      • Mark Littlefair
      • Chris Marris
    • Irishtown VBFB
      • Robert Herzer
    • Bakers Hill VBFB
      • Simon Peters
      • Kris Brown
      • Tristan Davey
    • Wundowie VBFB
      • Matthew McQueen
      • Jason Cacic
    • Inkpen VBFB
      • TBC
    • Southern Brook VBFB
      • Paul Antonio
    • Jennapullin VBFB
      • Aaron Smith (subject to meeting the minimum training requirements before the start of the 2022/23 season)
    • Northam VFRS
      • TBC
    • Wundowie VFRS
      • TBC
  4. Subject to the 2022/23 LGGS being unsuccessful, secure appropriate land within the immediate Wundowie Townsite before the end of the 2022/2023 financial year and a fit for purpose facility based off the DFES facility modelling be built and the brigade moved in prior to 1st of November 2023.
  5. Seek written clarification from DFES in relation to the reason for radios not being provided to FCO’s and request DFES to provide an action plan on how they plan to address the current communication issues.
C.4499 12.2 BUSH FIRE ADVISORY COMMITTEE MEETING HELD ON 11 JULY 2022 That Council receive the minutes from the Bush Fire Advisory Committee meeting held on 11 July 2022.
C.4500 12.2 BUSH FIRE ADVISORY COMMITTEE MEETING HELD ON 11 JULY 2022 That Council:
  1. Formally appoint Mr Chris Marris to the position of Chief Bush Fire Control Officer for the 2022/23 fire season.
  2. Formally appoint the following Bush Fire Control Officers to the positions of Deputy Chief Bush Fire Control Officer and Senior Fire Control Officer for the 2022/23 fires season:
    1. Deputy Chief Bush Fire Control Officer 1 – Mr Simon Peters
    2. Deputy Chief Bush Fire Control Officer 2 – Mr Kris Brown
    3. Senior Bush Fire Control Officer – Mr Blair Wilding
  3. Appoint Mr Nic Dewar from Inkpen Bush Fire Brigade as a Fire Control Officer for the 2022/23 Season in accordance with the criteria in section 5 of the Shire of Northam Bushfire Manual.
  4. Note the discussion from the committee when endorsing an advocacy position on behalf of the Shire of Northam for submission to the WA Local Government Association (WALGA).
  5. Request DFES and the Shire of Northam to provide a detailed explanation as to why WAERN radios have not been issued to Northam Shire BFCOs as clearly stated in the Northam Bush Fire Manual (2018) and what acceptable alternatives exist other than using the mobile phone networks.
  6. Conduct an audit of all WAERN radios held by BFCOs, previous BFCOs, and in Shire vehicles and machinery. We request that the findings of this audit be present to all Brigades at the next BFAC meeting.
  7. Authorise for all BFCOs to have WAERN radios issued and fitted before the 1st October 2022 prior to the 2022/2023 fire season.
C.4501 13.3.4 Position Statement for ongoing Management of the Volunteer Bushfire Service That Council makes a submission to the WA Local Government Association (WALGA) in relation to the future management of volunteer Bush Fire Brigades as follows –
  1. That a Working Group comprising representatives of WALGA, DFES and the Volunteer Bush Fire Association be established to develop a preferred model for the future management of Bush Fire Brigades.
C.4502 13.1.1 Nyoongar Cultural Advisory Group Committee - Disband That Council disband the Nyoongar Cultural Advisory Group Committee, effective immediately, informing all members.
C.4503 13.1.1 Nyoongar Cultural Advisory Group Committee - Disband That Council:
  1. Direct the Chief Executive Officer to establish a Nyoongar Cultural Advisory Group.
  2. Advisory Group membership to include a representative of the following families:
    1. Ryder
    2. Garlett
    3. Stack
    4. Slater
    5. McGuire
    6. Kickett
    7. Moody
    8. Davis
    9. Any other family groups as agreed by majority of the above-mentioned families
  3. Matters to be discussed at the Group meetings to include
    1. Bilya Koort Boodja operations
    2. b. Matters raised by the Shire of Northam pertaining to aboriginal culture
    3. Matters raised by working group
  4. Direct the Chief Executive Officer to provide a report to Full Council outlining discussions held at the working group meetings and making any recommendations to Council as deemed appropriate.
C.4504 13.2.1 RFT 01 of 2022 Northam RV Construction That Council:

  1. Award Request for Tender 1 of 2022 - Northam RV Construction for $341,237.00(ex GST) to Avon Valley Plant & Equipment Pty Ltd.
  2. Authorise the Chief Executive Officer to make minor variations (maximum increase of 5%) to the awarded price prior to entering a contract with Avon Valley Plant & Equipment Pty Ltd.
C.4505 13.3.1 Proposed Airbnb – 34 Broome Terrace, Northam That Council grant a time limited development approval for the change of use of Lot 200 (No. 34) Broome Terrace, Northam, subject to the following conditions:

  1. This approval is for a Holiday Home. Development shall be in accordance with the land use as defined within Shire of Northam Local Planning Scheme No 6, the approved plan(s), any other supporting information and conditions of approval.  It does not relate to any other development on the lot.
  2. The approval period for the Holiday Home will expire 12 months from the date of determination.
  3. This approval is issued to Jane Leeming and cannot be transferred to another person or location.
  4. The maximum number of guests accommodated at any one time shall be 6. No additional guests or visitors are permitted on site without prior approval from the local government.
  5. Prior to the commencement of operations, the management plan is to be updated and submitted to the Shire of Northam addressing:
    1. Check-in and check-out are generally limited to between the hours of 7 am and 8 pm.  Where travel arrangements require a guest to check-in or check-out outside of these times, the owners are to provide clear instructions, in writing, to the guest advising of the need to minimise noise and disturbance to neighbours.
    2. A template for a guest register, including full name, usual place of residence, contact details including phone number and email address and check-in and check-out dates, is to be provided.
    3. Details of complaints management, including how the complaint will be made and received, the responsibilities for handling the complaint and what actions have been taken to address the complaints, is to be provided.
    4. A template for a complaint register, including name and address of the complainant, date and time of complaint, description of complaint and actions taken to address complaint, is to be provided.
    5. The complaint register is to be maintained and made available to the Shire of Northam upon request.
  6. The management plan is to be approved by the Shire of Northam prior to the commencement of operations and thereafter implemented to the Shire of Northam’s satisfaction.
  7. A copy of the Code of Conduct and approved management plan for the Holiday Home shall be provided to residents of adjoining and abutting properties prior to the commencement of operations.
  8. The Code of Conduct shall be provided to guests of the Holiday Home at the time of check-in and displayed in a prominent location within the entrance area of the dwelling.
  9. A detailed car parking plan showing a minimum of 3 on-site car parking bays and suitable vehicle access shall be submitted to the local government for approval prior to commencement of operations. 
  10. The approved car parking and vehicle access shall be constructed to the specification and satisfaction of the local government prior to commencement of operations.
  11. No direct vehicular access from Hampton Street to the Holiday Home shall be permitted.
C.4506 13.3.2 Proposed Amendment – Co-Operative Bulk Handling, Leeming Road, Grass Valley That Council resolves, in accordance with the provisions of clause 77 of Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015, to:

  1. Amend condition 2 of development approval (ref: P21083) dated 21 July 2021 to read:
    • “This development approval is time limited for a period of 36 months from the date of commencement of the approved use.”
  2. Advise the Applicant that all other conditions of the development approval remain unchanged.
C.4507 13.3.3 Proposed Club Motor Sport Events – Northam Racecourse, Yilgarn Ave, Malabaine

That Council resolve to approve the application for development approval (ref: P21129) to use Lot 50 (No. 175) Yilgarn Avenue, Malabaine, known as the Northam Racecourse, for Private – Recreation (Club Motor Sport Events), 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. The permitted use may only be conducted 1 day per month up to 6 times per year from 10am to 4pm, unless otherwise approved by the local government.
  4. A maximum of 1 vehicle is permitted on the track at any one time.
  5. Noise monitoring of all vehicles shall be undertaken during each event to ensure noise emissions do not affect any nearby sensitive receivers. If any complaints are received, further noise assessment may be requested.
  6. Dust shall be managed to the site to the satisfaction of, and as directed by the local government, including ensuring that there is a water cart available when strong winds are expected or during periods of high dust generation.
C.4508 13.4.1 Accounts & Statements of Accounts 1 June 2022 to 30 June 2022 That Council receive the payments for the period 1 June 2022 to 30 June 2022, as listed:
  • Municipal Fund payment cheque numbers 35499 to 35508 Total $61,146.72.
  • Municipal Fund EFT43819 to EFT44133 Total $1,753,215.24.
  • Direct Debits Total $87,151.33.
  • Payroll Total $457,291.29.
TOTAL: $2,358,804.58
Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4509 13.4.2 Financial Statement for the period ending 30 June 2022 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 30 June 2022.
C.4510 13.4.3 Rates Exemption – 8 Frankish Road, Northam That Council grant a rate exemption for Educational Purposes as of 01 July 2022 to Woodthorpe School-Eastern Campus Pty Ltd as Trustee for Eastern Education Trust for the premise they own at 8 Frankish Road, Northam (A16712).
C.4511 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), (c) of the Local Government Act 1995, meet behind closed doors to consider agenda item:
  • 14.1 Airport Fees as the item relates to a contract entered into or which may be entered into.
  • 14.2 Lease Agreement for a Portion of 44 Peel Terrace, Northam as the item relates to a contract entered into or which may be entered into.
  • 14.3 Chief Executive Officer Review Committee Meeting held on 8 June 2022 as the item related to a matter affecting an employee.
C.4512 14.1 AIRPORT LEASE FEES That Council:
  1. Approve making a standard rate of $5.50 per square metre for recreational hangar sites and $6.00 per square metre for commercial sites.
  2. Increase the rental incrementally over the next two years to achieve the Market Rental.
  3. Charge hangar 24/25 an extra $1000 to cover the cost of four reserved parking bays per annum
  4. Advise all hangar owners of the impending increases.
C.4513 14.2 LEASE AGREEMENT FOR A PORTION OF 44 PEEL TERRACE, NORTHAM That Council:
  1. Renew the lease for 270 square metres of leasable area at 44 Peel Terrace Northam a further 12 months at $10,000.00.
  2. In accordance with section 3.58 (3), authorise the CEO to give local public notice of the proposed disposal of a the old Creche Room to Ms Rebeca Davey for the purposes of providing child care services once at a consideration of $10,000 per annum.
  3. Subject to there being no significant objections to the proposed disposal and based on the valuation received by Council in November 2020, authorise a lease agreement with Ms Rebecca Davey for a portion of 44 Peel Terrace, Northam known as the Recreation Centre Creche for a period of 12 months with an option to renew for a further 12 months.
C.4514 14.3 CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 8 JUNE 2022 That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 8 June 2022.
C.4515 14.3 CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 8 JUNE 2022 - adoption of recommendations That Council:
  1. Request the Chief Executive Officer to provide a detailed report for the financial year ending June 30th 2022, on staff turnover details and analysis of turnover trends.
  2. Authorise that the timing of the Chief Executive Officer’s KPIs for 2022/23 be determined by the final adoption of the Shire’s 2022/23 budget.
C.4516 14.3 Matters Behind Closed Doors That Council move out from behind closed doors.