| Motion No. |
Decision Date |
Item No |
Subject |
Motion |
| C.4757 |
21/06/2023 |
9.1 |
Applications for Leave of Absence |
That Council grant Cr L C Biglin leave of absence from 21 December 2023 to 7 January 2024 (inclusive). |
| C.4758 |
21/06/2023 |
9.1 |
Applications for Leave of Absence |
That Council grant Cr M I Girak leave of absence from 28 July 2023 to 1 September 2023 (inclusive). |
| C.4759 |
21/06/2023 |
10.1 |
Confirmation of Minutes from the Ordinary Council Meeting held 17 May 2023 |
That the minutes of the Ordinary Council meeting held on Wednesday, 17 May 2023 be confirmed as a true and correct record of that meeting. |
| C.4760 |
21/06/2023 |
10.2 |
Notes from the Council Forum Meeting held 14 June 2023 |
That Council receive the notes from the Council Forum meeting held on Wednesday, 14 June 2023. |
| C.4761 |
21/06/2023 |
10.3 |
Notes from the Strategic Council Meeting held 24 May 2023 |
That Council receive the notes from the Strategic Council meeting held on Wednesday, 24 May 2023. |
| C.4762 |
21/06/2023 |
13 1.2 |
Licence Agreements - Northam and Districts Historical Society, Morby Cottage and Mayors Former Parlour |
That Council:
PART A
1. Approve the licence agreement as provided in attachment 13.1.4.2 for Morby Cottage located at 70 Katrine Road, Northam to the Northam & District Historical Society subject to the following amendments:
a. Add a covenant detailing that building insurance is the responsibility of the licensor.
b. Clause 5.8 being amended as follows:
i. Reference to “workers’ compensation” being updated to “personal accident insurance”.
ii. Reference to the licensee being required to catalogue the collection with the view of requiring the insuring of its property in and on the licence area where the property is valued at more than $1,000.
c. Clause 5.9 being updated to “The Licensee will be responsible for the cost of repair of any internal damage, vandalism, corrective maintenance or damage to external doors, glass windows, security lighting and any other external facility through misuse by a club representative, member or guest. The Shire may carry out any corrective works and recoup the full cost from the Licensee.”
d. A definition being included for “Non-Exclusive”.
e. The term being increased to five (5) years with a five (5) year renewal.
f. Clause 4.4 being varied to enable holding over under the same terms and conditions of this agreement.
g. The notice under 10.1(e) being increased to 72 hours.
h. Remove the administration fee for insurable risks (building insurance).
PART B
1. Approve the licence agreement as provided in attachment 13.1.4.3 for the Mayors Parlour located at a portion of 85 Wellington Street, Northam to the Northam & District Historical Society subject to the following amendments:
a. Add a covenant detailing that building insurance is the responsibility of the licensor.
b. Clause 5.8 being amended as follows:
i. Reference to “workers’ compensation” being updated to “personal accident insurance”.
ii. Reference to the licensee being required to catalogue the collection with the view of requiring the insuring of its property in and on the licence area where the property is valued at more than $1,000.
c. Clause 5.9 being updated to “The Licensee will be responsible for the cost of repair of any internal damage, vandalism, corrective maintenance or damage to external doors, glass windows, security lighting and any other external facility through misuse by a club representative, member or guest. The Shire may carry out any corrective works and recoup the full cost from the Licensee.”
d. A definition being included for “Non-Exclusive”.
e. The term being increased to five (5) years with a five (5) year renewal.
f. Clause 4.4 being varied to enable holding over under the same terms and conditions of this agreement.
PART C
1. Provide an annual grant to the Northam & Districts Historical Society for the following expenses relating to the licence agreement for Morby Cottage and the Mayors Parlour, including:
a. Document preparation expenses for the licences;
b. Outgoings; and
c. Personal accident and contents/property insurance upon evidence of the expenses being provided. |
| C.4763 |
21/06/2023 |
13 3.1 |
Proposed Tavern - 232 Fitzgerald St, Northam |
That Council approve the application (ref: P22026) for development approval for a Tavern with brewing facilities at Lot 210 (No. 232) Fitzgerald Street East, Northam, subject to the following conditions:
- The development hereby approved must substantially commence within two (2) years from the date of determination.
- The development hereby permitted, including advertising signage,shall be carried out in accordance with the stamped approved plans.Prior to the commencement of any works, a stormwater management plan shall be prepared by a suitably qualified person and submitted to the local government for approval.Prior to the commencement of any works, the Applicant is to submit, and have approved by the local government, a detailed parking plan design which complies with the Australian Standard AS/NZS 2890 and AS/NZS 1428. The plan shall include 2 on-site spaces, 3 off-site spaces that includes 1 disabled bay and end of trip facilities.Prior to occupation or use of the development, theapproved car parking plan shall be implementedto the satisfaction of the local government.Prior to occupation or use of the development, the landscapingand feature perimeter fencingshall be completed in accordance with the approved plans and maintained thereafter to the satisfaction of the local government.Prior to occupation or use of the development, the gas bottles shall be screened from view from any public street to the satisfaction of the local government.All waste shall be stored within the designated bin enclosure and shall be collectedfrom the site on a regular basis for disposal at an approved waste management facility.CARRIED 9/0Reason for change to Officers recommendation:The motion simply removed point 6. Prior to occupation or use of the development, a cash-in-lieu contribution equivalent to the cost of $11,000 (equivalent to 5 car parking bays shall be made to the Shire of Northam. Council formed a view that there was sufficient parking in the area, and felt the $11,000 would be better focused on the development itself, rather than parking.Two (2) members of the public gallery, Mr B Allen and Mr C Della, left the meeting at 6:10pm. |
| C.4764 |
21/06/2023 |
12.1 |
Bush Fire Advisory Committee Meeting held on 13 June 2023 |
That Council receive the minutes from the Bush Fire Advisory Committee Meeting held on 13 June 2023. |
| C.4765 |
21/06/2023 |
12.1 |
Bush Fire Advisory Committee Meeting held on 13 June 2023 |
That Council:
1. That the minutes of the Bush Fire Advisory Committee Meeting held on 7 March 2023 be confirmed as a true and correct record of that meeting, subject to the following amendments:
a. Item 5.1 – Discussion – An item 3 being added under the discussion as follows:
An update was sought on WHS action items, specifically attachment 3 (PPE / PPC – Fire Fighters) and attachment 4 (training) further to the decision at the 6 December 2022 meeting. It was advised that this relates to item 6.1 and further discussion can be held at this time.
b. Item 6.1 – Discussion 1(a) action being updated to:
Action:
The Community Emergency Services Manager is to:
i. Seek advice from brigades in relation to suitable locations in their district (if any) and their preferred design. The Shire currently has 6 static signs. Digital signs can be updated remotely.
ii. Identify other suppliers for digital signs which do not have a lead time of 2.5 years. The Shire currently has a budget available for 1 digital sign.
c. Item 6.1 – Discussion 11(a) being updated to:
The Community Emergency Services Manager will review this action once access is provided to the training records and the minimum training standards are being reviewed as part of the current Bush Fire Manual review.
Note: This is an ongoing process and thus a decision in relation to any stand down letter cannot be finalised until the above actions are finished.
d. Item 9.2 – Discussion – The amount of 4,500 tonnes being amended to 4.5 tonnes and the amount of 3,500 tonnes being amended to 3.5 tonnes.
2. Notes the Community Emergency Services Manager Report as provided.
3. Endorse the installation of Digital Fire Danger Rating Signs at the following locations:
a. Wundowie, Coats Rd (X Hawke Ave) – South Facing
b. Great Eastern Highway, Linley Valley Rd – West Facing
c. Great Eastern Highway, Mitchell Ave – West Facing
4. Endorse the installation of Analogue Fire Danger Rating Signs at the following locations:
a. Great Eastern Highway, Grass Valley (X Keane St) – East Facing
b. Northam-York Road, Mulluckine (Rogers Rd) – South Facing
c. Northam-Toodyay Road, (vicinity of bypass) – North/West Facing.
5. Note the Bushfire Risk Mitigation Coordinator Report as provided.
6. Appoints the following as Bush Fire Control Officers for the 2023/24 season in accordance with the criteria in section 5 of the Shire of Northam Bushfire Manual:
Bakers Hill VBFB:
Simon Peters
Tristan Davey
Kristafer Brown
Clackline/Muresk VBFB:
Blair Wilding
Justin Fox
Matthew Letch
Richard Welch
Grass Valley VBFB:
Chris Marris
Paul Reynolds
Mark Littlefair
Phillip Lloyd
Inkpen VBFB:
Nic Dewar
Irishtown VBFB:
Robert Herzer
Jennapullin VBFB:
Aaron Smith
Southern Brook VBFB:
Paul Antonio
Wundowie VBFB:
Matt MacQueen
Jason Cacic
Northam VFRS:
Greg Montgomery
7. Notes the provisions of the Environmental Protection Act and Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2018 as providing a sufficient framework for the management of burning on the road verges within the Shire of Northam.
8. Request the Chief Executive Officer to write to Department of Fire and Emergency Services Commissioner expressing the Shire of Northam’s strong support to base aircraft at the Northam Airport during the harvest period, as has occurred during the past two seasons, and request that this initiative continue to occur for future harvest periods. |
| C.4766 |
21/06/2023 |
13 1.1 |
Lease of Reserve 5503, Lot 50 Suburban Road & Lot 29 Weld Street, Northam |
That Council:
1. Lease Reserve 5503, Lot 29 Weld Street, Northam and Lot 50 Suburban Road, Northam to the Northam Equestrian Park Committee for a period of five (5) years with a five (5) year renewal option, in accordance with section 8.2 of Council Policy A 8.5 Property Management (Leases and Licenses) and subject to:
a. The lessee being responsible for all repairs and maintenance (including structural and electrical);
b. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage;
c. The lessee making arrangements with the Avon Valley Adult Riding Club Inc. to become financial members of the Northam Equestrian Park Committee Inc. |
| C.4767 |
21/06/2023 |
13 1.3 |
Delegated Authority Register 2023/24 |
That Council:
1. Endorse the revised 2023/24 Delegated Authority Register (attached).
2. Note the decisions made under delegated authority for the 2022/23 year, as published on the Shire of Northam website each month. |
| C.4768 |
21/06/2023 |
13 1.4 |
Variation to Lease - Bakers Hill Golf Club, 43 St George St, Bakers Hill (Reserve 4200) |
That Council:
1. Approve the following variations to the lease for a portion of 43 St George Street, Bakers Hill (Reserve 4200) to the Bakers Hill Golf Club, subject to section 18 approval under the Land Administration Act 1997 being provided:
a. Include the Bakers Hill Returned Services League as a lessee for the Clubhouse only.
b. Amend the lease area to exclude the Bakers Hill Fire Shed.
c. Amend the insurance by Lessor/Lessee to require the Shire of Northam to insure the building and seek reimbursement from the lessee, with each lessee being responsible for 50% of the building insurance.
d. Amend the use of premises from “Golf Links” to “Golf Links and Clubrooms”.
2. Request Department of Planning, Lands and Heritage to amend the purpose of Reserve 4200 to be consistent with its current use. |
| C.4769 |
21/06/2023 |
13.1.5 |
Council Plan, Corporate Business Plan component, Review |
That Council, by absolute majority, adopt the revised Council Plan 2023 as presented authorising the Chief Executive Officer to provide clarity around any identified removed items in the final copy, noting there have been no changes to the Strategic Community Plan component of the Council Plan as presented. |
| C.4770 |
21/06/2023 |
13 3.2 |
Proposed Transfer of Laneways - Lot 66 Queen St, Lot 66 Inkpen St & Lot 166 Perina Way, Northam |
That Council:
1. Accept the Department of Communities – Housing's offer to transfer the following right of ways at nil cost to the Shire of Northam:
a. Laneway 13: Lot 66 (on Plan 6715) Inkpen Street, Northam
b. Laneway 14: Lot 66 (on Plan 6715) Hutt Street, Northam
c. Lot 166 (on Plan 6860) Perina Way, Northam.
2. Request the Department of Communities – Housing to contribute the costs associated with the transfer of the subject freehold land to the Shire of Northam.
3. Allocate $5,000 in the 23/24 Budget for the purposes of implementing the transfers and the following actions.
4. Following the transfer of Lot 166 Perina Way, Northam, commence the processes to dedicate the laneway as a public road.
5. Following the transfer of Lot 66 Inkpen / Hutt Street, Northam, commence consultation with the adjoining landowners to close and amalgamate the ROW. |
| C.4771 |
21/06/2023 |
13 4.1 |
Accounts & Statements of Accounts - 01 May 2023 to 31 May 2023 |
That Council receive the payments for the period 01 May 2023 to 31 May 2023, as listed:
- Municipal Fund payment cheque numbers 35574 to 35581 Total $49,756.27.
- Municipal Fund EFT47164 to EFT47524 Total $2,011,477.23.
- Direct Debits Total $99,381.01.
- Payroll Total $521,961.92TOTAL: $2,682,573.43Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42). |
| C.4772 |
21/06/2023 |
13 4.2 |
Financial Statement for period ending 31 May 2023 |
That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 31 May 2023. |
| C.4773 |
21/06/2023 |
14 |
Motion to move 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) and (c) of the Local Government Act 1995, meet behind closed doors to consider agenda items:
- 14.1 - Variation and Transfer of Lease Agreement - Portion of 2 Grey Street, Northam (Riversedge Cafe) as it relates to a contract which may be entered into.
- 14.2 - Chief Executive Officer Review Committee Meeting held on 02 June 2023 as it relates to a matter affecting an employee/employees.
- 14.3 - Chief Executive Officer Review Committee Meeting held on 15 June 2023 as it relates to a matter affecting an employee/employees. |
| C.4774 |
21/06/2023 |
14.1 |
Variation and Transfer of Lease Agreement - Portion of 2 Grey Street, Northam (Riversedge Cafe) |
That Council withhold this decision from public record until negotiations have finalised between the current and proposed lessee. |
| C.4775 |
21/06/2023 |
14.2 |
Chief Executive Officer Review Committee Meeting held on 02 June 2023 |
That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 02 June 2023. |
| C.4776 |
21/06/2023 |
14.2 |
Chief Executive Officer Review Committee Meeting held on 02 June 2023 |
Decision withheld from public record until contract has been executed. |
| C.4777 |
21/06/2023 |
14.2 |
Chief Executive Officer Review Committee Meeting held on 02 June 2023 |
Decision withheld from public record until contract has been executed. |
| C.4778 |
21/06/2023 |
14.3 |
Chief Executive Officer Review Committee Meeting held on 15 June 2023 |
That Council receive the minutes from the Chief Executive Officer Review Committee Meeting held on 15 June 2023. |
| C.4779 |
21/06/2023 |
14.3 |
Chief Executive Officer Review Committee Meeting held on 15 June 2023 |
Decision withheld from public record until contract has been executed. |
| C.4780 |
21/06/2023 |
14.3 |
Chief Executive Officer Review Committee Meeting held on 15 June 2023 |
Decision withheld from public record until contract has been executed. |
| C.4781 |
21/06/2023 |
14.9 |
Motion to move from behind closed doors |
That Council move out from behind closed doors. |