Ordinary Council Meeting - 15 December 2021

Decision No.

Item No.

Title

Decision

C.4359

9

Application for Leave of Absence

That Council grant Cr J E G Williams leave of absence from 19 January 2022 to 7 March 2022 (inclusive).

C.4360

10.1

Ordinary Council Meeting held 17 November 2021

That the minutes of the Ordinary Council meeting held on Wednesday, 17 November 2021 be confirmed as a true and correct record of that meeting.

C.4361

10.2

Special Council Meeting held 2 December 2021

That the minutes of the Special Council meeting held on Thursday, 2 December 2021 be confirmed as a true and correct record of that meeting.

C.4362

10.3

Notes From The Council Forum Meeting held 8 December 2021

That Council receive the notes from the Council Forum meeting held Wednesday, 8 December 2021.

C.4363

12.1

Audit And Risk Management Committee Meeting held on 1 December 2021

That Council receive the minutes from the Audit and Risk Management Committee meeting held on 1 December 2021.

C.4364

12.1

Audit And Risk Management Committee Meeting held on 1 December 2021

That Council, by Absolute Majority;

1. In accordance with Sections 5.53 and 5.54 of the Local Government Act 1995, accepts the Annual Report for the 2020/21 financial year; and
2. In accordance with Section 5.55 of the Local Government Act 1995, authorise the Chief Executive Officer to give public notice of the availability of the Annual Report from Thursday, 17 December 2021.

C.4365

12.1

Audit And Risk Management Committee Meeting held on 1 December 2021

That Council:

1. Holds the Annual Electors General Meeting on Wednesday, 19 January 2022 at 5.00pm at the Shire Administration Centre and authorise the Chief Executive Officer to give public notice of the meeting from Thursday, 17 December 2021.
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 Parks and Gardens Service Review Recommended Actions.
4. Acknowledge that the Recommended Actions from the Parks and Gardens Services Review are considered completed and not require the item to be provided in the future.
5. Receives the update as provided in Attachment 1 in relation to the progress made towards the Regulation 17 Action Plan.
6. Receive the update as provided in the monthly Compliance Calendar Report.
7. Receives the November 2021 Shire of Northam Risk Register update.
8. Receive the update provided by the Chief Executive Officer in relation to procuring goods and services from local businesses.

C.4366

12.2

Community Grants Assessment Committee Meeting held on 22 November 2021

That Council receive the minutes from the Community Grants Assessment Committee meeting held on 22 November 2021.

C.4367

13.2.2

Job 3675 Scope and Cost Variation – Wellington St / Gairdner Street Intersection Upgrade

That Council:

1. Approve a cost variation of $51,571.53 for Job 3678 due to a change in scope for the reconstruction of the Wellington Street and Gairdner Street intersection.
2. Allocate an additional $70,000 to Job 3678, which is to be identified in 2021/2022 midyear budget review.

C.4368

13.3.1

South West Native Title Settlement – Land Base Consultation

That Council, in regards to the transfer of land under the South West Native Title Land Settlement:

1. Advises the Department of Planning, Lands and Heritage that the Shire of Northam is NOT supportive of the transfer of Lot 151 DP300080 Great Eastern Highway, Grass Valley (PIN 1042635), to the Noongar people unless prior consultation occurs with the neighbouring landowner who appears to be using the land for agricultural purposes.
2. Advises the Department of Planning, Lands and Heritage that the Shire of Northam is generally supportive of the transfer of identified land to the Noongar people if the land is unallocated Crown Land, unmanaged reserves, land owned or held by the Aboriginal Lands Trust / Aboriginal Affairs Planning Authority or the State government, and the proposed use is consistent with the Shire of Northam Local Planning Strategy and Scheme No. 6.
3. Receives further reports for consideration for proposals affecting land owned or held by the Shire of Northam, including managed reserves.

C.4369

13.3.2

LPS6 Scheme Amendment No. 17 – Avon Logistics Hub

That Council:

1. Resolves, in pursuance of Section 75 of the Planning and Development Act 2005, to initiate an amendment to the Shire of Northam Local Planning Scheme No.6.
2. Number the proposed local planning scheme amendment ‘Amendment No. 17’ to Shire of Northam Local Planning Scheme No. 6;
3. Resolves, pursuant to the Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), that proposed Scheme Amendment No. 16 is a standard amendment pursuant to Regulation 34 of the Regulations as it is:
   1. generally consistent with the objectives of the Local Planning Strategy;
   2. is anticipated to have minimal impact on surrounding land; and
   3. is anticipated to have no significant environmental, social, economic or governance impacts on land in the scheme area.
4. Pursuant to Section 81 of the Planning and Development Act 2005, refers proposed Amendment No. 17 to the Environmental Protection Authority prior to advertising in accordance with Regulation 47(2)(a) up to and including (e) of the Regulations;
5. Pursuant to Regulation 47(1) of the Regulations, provides Notice of Amendment No. 17 to the Western Australian Planning Commission;
6. Advertise Amendment No. 17 in accordance with Regulation 47(3) and Regulation 76A of the Regulations; and
7. Compile any resulting comments or modifications to be further considered by Council.

C.4370

13.3.3

Proposed Alterations & Additions – St Joseph’s School (Primary Campus)

That Council resolve:

1. To approve the development application (ref: P21127) to carry out alterations and additions to the St Joseph’s School (Primary Campus) located at Lot N60 (No. 1) Lance Street, Northam, subject to the following conditions:
   1. The development must substantially commence within two years from the date of determination.
   2. The development must be completed in accordance with the details of the application as approved and any approved plans.
   3. A program of monitoring any structural movement and potential vibration impacts on Fermoy House shall be implemented at the commencement of works to the satisfaction of the local government in consultation with the Heritage Council. The local government and the Heritage Council is to be notified immediately if any impact occurs and advised on a recommended course of action by a suitably qualified structural engineer.
   4. Prior to the commencement of any works, a Construction Management Plan shall be prepared by a suitably qualified person and submitted to the local government addressing the following details to the satisfaction of the local government:
      1. The transport of materials and equipment;
      2. The storage of materials and equipment on the site;
      3. Traffic management;
      4. Parking arrangements for contractors;
      5. Protection of existing trees over 0.3 DBH on the site and verge;
      6. Construction waste disposal strategy and location of waste disposal bins;
      7. Mitigation of wind and/or water borne erosion and sedimentation during and after the works; and
      8. Other matters likely to impact on the surrounding properties.
         Works may only commence following the written approval of this plan from the local government.
   5. At all times during construction of the development all works and construction activities must be undertaken so as to avoid noise, vibration and dust nuisance to occupiers of land in the vicinity to the satisfaction of the local government.
   6. The temporary toilet facilities shall be removed from the site within 28 days of the completion of the approved works.
   7. Prior to occupation of the development, the approved stormwater management plan shall be implemented to the satisfaction of the local government.
2. Advise the Applicant that the school should review their parking arrangements to reduce impacts on the locality, particularly if any future expansion is proposed.
3. In conjunction with St Joseph School do a thorough investigation into parking and traffic flow along Lance Street, Uralia Terrace and Fermoy Avenue.

C.4371

13.3.4

Update on COVID-19 Pandemic Response Strategy/Framework

That Council:

1. Endorse the updated COVID-19 Virus Response Strategy / Framework as presented.
2. Not require the COVID-19 Virus Response Strategy / Framework to be reported to Council in the future.

C.4372

13.4.1

Accounts & Statements of Accounts – November 2021

That Council receive the payments for the period 1 November 2021 to 30 November 2021, as listed:

• Municipal Fund payment cheque numbers 35455 to 35462, total $73,850.62.
• Municipal Fund EFT41787 to EFT42162, total $1,525,786.14.
• Direct Debits Total $89,376.97.
• Payroll Total $464,557.55

TOTAL: $2,153,571.28
Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).

C.4373

13.4.2

Financial Statement for the period ending 30 November 2021

That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 30 November 2021.

C.4374

13.5.1

Bilya Koort Boodja Centre Amendment of Fees and Charges

That Council endorse:

1. The adjusted opening hours from 4 January 2022 to 1 March 2022 to Monday – Sunday, 10am – 3pm; and
2. Authorise the Chief Executive Officer to adjust future opening hours based on demand.

C.4375

13.5.1

Bilya Koort Boodja Centre Amendment of Fees and Charges

That Council:

1. Amend the following Bilya Koort Boodja Centre Fees and Charges for the 2021/22 financial year:

Current Fees & Charges 

$10 Entry Fee Adult

 $5 Entry Fee Child (5-15 yrs)

 $5 Concession

 $25 Family (2 adults & 2 children)

$5 Additional child

 80% of the full rate for school groups

 80% of the full rate for bus tours (25+ passengers)

 $5 per child or $4 if group over 25+ for a guided tour of the BKB Centre

New Fees and Charges

$5 General entry

$10 Entry & Scheduled tour

$20 Membership per year, including one free tour

Group booking (25+ people) 80% of the full rate

2. Give Local Public Notice in accordance with section 6.19 of the Local Government Act 1995.

C.4377

14.1

Legal Matter Fee Adjustment Donovan Payne, Aquatic Facility Project

That Council note the update provided by the Chief Executive Officer.