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Ordinary Council Meeting - 16 November 2022

Wednesday, November 16, 2022 - 05:30 PM

An Ordinary Council Meeting will be held in the Council Chambers at 395 Fitzgerald Street, Northam on 16 November 2022 at 5:30pm.

Summary of Decisions:

Decision No. Item No. Item Name Decision
C.4593 9 APPLICATION FOR LEAVE OF ABSENCE That Council grant Cr M I Girak leave of absence from 18 December 2022 to 05 February 2023 (inclusive).
C.4594 10.1 ORDINARY COUNCIL MEETING HELD 19 OCTOBER 2022 That the minutes of the Ordinary Council meeting held on Wednesday, 19 October 2022 be confirmed as a true and correct record of that meeting.
C.4595 10.2 NOTES FROM THE COUNCIL FORUM MEETING HELD 09 NOVEMBER 2022 That Council receive the notes from the Council Forum meeting held Wednesday, 09 November 2022.
C.4596 13.1.1 Lease Agreement for Avon Valley Vintage Vehicle Association – Portion of Reserve 31355, 401 Fitzgerald Street, Northam That Council:
1. Lease a portion of Reserve 31355, 401 Fitzgerald Street, Northam to the Avon Valley Vintage Vehicle Association for a period of five (5) years with a five (5) years renewal option, in accordance with section 2.0 of Council Policy A 8.5 Management of Council Property Leases and subject to:
a. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage.
C.4597 12.1 COMMUNITY GRANTS ASSESSMENT COMMITTEE MEETING HELD ON 31 OCTOBER 2022 That Council receive the minutes from the Community Grants Assessment Committee meeting held on 31 October 2022.
C.4598 12.1 COMMUNITY GRANTS ASSESSMENT COMMITTEE MEETING HELD ON 31 OCTOBER 2022 That Council approves a 3 year annual community event funding agreement, commencing in 2023/2024, and to be reviewed in 2025/2026 for:

a. Up to $10,000 (excluding GST) to the Northam Agricultural Society for the Northam Farmers Show
b. Up to $3,000 (excluding GST) to the Northam RSL Sub Branch for ANZAC Day commemorations
c. Up to $10,000 (excluding GST) to Bridgeley Church of Christ & the Northam Chamber of Commerce for Carols on Fitzgerald
d. Up to $20,000 (excluding GST) to the Wundowie Progress Association for the Wundowie Iron Festival
e. Up to $3,300 (excluding GST) to the Avon Valley Vintage Vehicle Association for the Vintage Vehicle Swap Meet
f. Up to $7,000 (excluding GST) to the Bakers Hill Progress & Recreation Association for the Community Christmas Fair
g. Up to $25,000 (excluding GST) to the Vintage Sports Car Club for the Northam Motorsport Festival
h. Up to $3,000 (excluding GST) to the Avon Valley Arts Society for the Northam Art Prize
i. Up to $3,000 (excluding GST) to the Northam Theatre Group

Does not support:

• The Hurricane Go Kart Club, King of the Hill
C.4599 13.1.2 Council Meeting Dates 2023 That Council:
1. Advertise that its Forum and Ordinary Meetings of Council for 2023 will be held as follows:

Forum - Ordinary - Location
Nil. - 25 January 2023 - Shire of Northam Council Chambers
8 February 2023 - 15 February 2023 - Shire of Northam Council Chambers
8 March 2023 - 15 March 2023 -  Shire of Northam Council Chambers
12 April 2023 - 19 April 2023 - Shire of Northam Council Chambers
10 May 2023 - 17 May 2023 - Shire of Northam Council Chambers
14 June 2023 - 21 June 2023 - Shire of Northam Council Chambers
12 July 2023 - 19 July 2023 - Shire of Northam Council Chambers
9 August 2023 - 16 August 2023 - Shire of Northam Council Chambers
13 September 2023 - 20 September 2023 - Shire of Northam Council Chambers
11 October 2023 - 18 October 2023 - Shire of Northam Council Chambers
8 November 2023 - 15 November 2023 - Shire of Northam Council Chambers
13 December 2023 - 20 December 2023 - Shire of Northam Council Chambers

2. Schedule a Strategic Meeting quarterly in the months of February, May, August and November, on the fourth Wednesday of the month; and
3. Endorse that all meetings are to commence at 5:30pm.
4. Remove Action 3.2 from the Communication & Engagement Plan and authorise the CEO to update the numbering of section 3 accordingly.
5. Request the Chief Executive Officer to give consideration to holding a council meeting in a surrounding locality should there be a significant item of interest for that community being considered at that meeting.
C.4600 13.1.3 Lease of the Wundowie Hall to Wundowie Progress Association That Council:
1. In accordance with Policy A 8.5 Management of Council Property Leases, Lease a portion of 47 Boronia Avenue, Wundowie (Reserve 24259) to the Wundowie Progress Association for a period of one (1) year, subject to:
a. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage.
b. A clause being included to ensure equal access for the use of the leased premises by all sectors of the community regardless of the physical and socio-economic status.
c. A clause being included to allow access to the Shire of Northam and it’s agents without charge.
d. A clause being included to require that fees are set in accordance with the Shire of Northam’s adopted Fees and Charges or by resolution of Council.
2. Request the Chief Executive Officer to undertake a review prior to the expiration of the term to determine and ensure that the continued use of the leased premises is in accordance with the objective of the use of the leased premised as a facility for the use of the local and surrounding communities.
3. Request Chief Executive Officer to present the findings of the review to Council to determine an extension of the term to 30 June 2024.
4. Undertake a review of the lease arrangements for the Bakers Hill Pavilion and Wundowie Hall prior to 30 June 2024.
5. Amend policy A 8.5 Management of Council Property Leases, section 1.0 to include the Wundowie Hall.
C.4601 13.1.4 Review of Shire of Northam Wards and Representation That Council recommends to the Local Government Advisory Board that:
1. An order be made under s 2.18(3) of the Local Government Act 1995to reduce the number of offices of councillor on the council from ten (10) to nine (9) being (6) New east ward, (1) New central ward, (1) New west ward and a Shire President effective from October 2023 elections.
2. An order be made under s 2.18(3) of the Local Government Act 1995to reduce the number of offices of councillor on the council from nine (9) to eight (8),  being (5) New east ward, (1) New central ward, (1) New west ward and a Shire President effective from October 2025 elections.
3. An order be made under s 2.2 (1) to change the boundaries of the wards to create a three ward system comprising of  New West, Central and East wards
4. The current election cycle by maintained with four (4) vacancies in 2023 and four (4) in 2025
C.4602 13.3.1 South West Native Title Settlement – Land Base Consultation Various 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 supportive of the transfer of Land identified on List 919 – Grass Valley to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6.
2. Advises the Department of Planning, Lands and Heritage that the Shire of Northam is supportive of the transfer of Land identified on List 920 - Mokine to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6.
3. Advises the Department of Planning, Lands and Heritage that the Shire of Northam is supportive of the transfer of Land identified on List 926 - Bakers Hill to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6.
4. Advises the Department of Planning, Lands and Heritage that the Shire of Northam is supportive of the transfer of Land identified on List 1224 - Bakers Hill to the Ballardong Noongar people where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6
C.4603 13.3.2 South West Native Title Settlement – Land Base Consultation List 913 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 supportive of the transfer of identified land to the Whadjuk Northam people of the land listed below where the proposed use is consistent with the Shire of Northam Local Planning Scheme No. 6:-
1.1. Crown Land PIN 448052
1.2. Crown Land PIN 462397
1.3. Crown Land PIN 462398
1.4. Crown Land PIN 462426
1.5. Crown Land PIN 462427
1.6. Crown Land PIN 462428
1.7. Crown Land PIN 462429
1.8. Crown Land PIN 462430
1.9. Crown Land PIN 462431
1.10. Crown Land PIN 462460
1.11. Crown Land PIN 462465
1.12. Crown Land PIN 462485
1.13. Crown Land PIN 462486
1.14. Crown Land PIN 462487
1.15. Crown Land PIN 462489
1.16. Crown Land PIN 462491
1.17. Crown Land PIN 462492
1.18. Crown Land PIN 11761827
2. Advises the Department of Planning, Lands and Heritage that the Shire of Northam DOES NOT support the transfer of Land of the transfer of land to the Whadjuk Northam people of the land listed below, pending further information on residential development to facilitate the Wundowie Townsite expansion.
2.1. Crown Land PIN 462434
2.2. Crown Land PIN 462435
2.3. Crown Land PIN 462436
2.4. Crown Land PIN 462437
2.5. Crown Land PIN 462438
2.6. Crown Land PIN 462439
2.7. Crown Land PIN 462443
2.8. Crown Land PIN 462444
2.9. Crown Land PIN 462445
2.10. Crown Land PIN 462446
2.11. Crown Land PIN 462448
2.12. Crown Land PIN 462449
2.13. Crown Land PIN 462450
2.14. Crown Land PIN 462451
2.15. Crown Land PIN 462452
2.16. Crown Land PIN 462453
2.17. Crown Land PIN 462461
2.18. Crown Land PIN 462462
2.19. Crown Land PIN 462463
2.20. Crown Land PIN 462464
2.21. Crown Land PIN 462466
2.22. Crown Land PIN 462467
2.23. Crown Land PIN 462469
2.24. Crown Land PIN 462470
2.25. Crown Land PIN 462479
2.26. Crown Land PIN 462480
2.27. Crown Land PIN 462481
2.28. Crown Land PIN 462482
2.29. Crown Land PIN 462483
2.30. Crown Land PIN 462484
C.4604 13.3.3 Proposed Scheme Amendment No. 18 – 54 Byfield Street, Northam 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 to recode Lot 100 (No. 54) Byfield Street, Northam from R15 to R20 and amend the scheme map accordingly.
2. Number the proposed local planning scheme amendment ‘Amendment No. 18’ 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:
(a) generally consistent with the objectives of the Local Planning Strategy;
(b) is anticipated to have minimal impact on surrounding land; and
(c) 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. 18 to the Environmental Protection Authority prior to advertising in accordance with Regulation 47(2)(a) up to and including € 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. 18 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.4605 13.4.1 Accounts & Statements of Accounts – 1st October – 31st October 2022 That Council receive the payments for the period 1st October 2022 to 31st October 2022, as listed:

• Municipal Fund payment cheque numbers 35530 to 35536 Total $27,379.34.
• Municipal Fund EFT44083 to EFT45348 Total $1,879,280.09.
• Direct Debits Total $99,709.19.
• Payroll Total $493,924.90.

TOTAL: $2,500,293.52

Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4606 13.4.2 Financial Statement for the period ending 31st October 2022 That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 31 October 2022.
C.4607 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) (B) and (C)  of the Local Government Act 1995, meet behind closed doors to consider agenda item:

• 14.1 Australia Day Community Citizen of The Year Awards 2023 as it relates to the personal affairs of a person.
• 14.2 Migration from IT Vision Synergy Soft to Altus Software as a Service as it relates to a contract which may be entered in to.
C.4608 14 MATTERS BEHIND CLOSED DOORS That Council suspend the following standing orders:
• 8.5 – Members to indicate their intention to speak; and
• 8.9 – Speaking twice.
C.4609 14 MATTERS BEHIND CLOSED DOORS That Council resume the following standing orders:
• 8.5 – Members to indicate their intention to speak; and
• 8.9 – Speaking twice.
C.4610 14.1 AUSTRALIA DAY COMMUNITY CITIZEN OF THE YEAR AWARDS 2023

That Council:

1 Award the Community Citizen of the Year to Lisa Giorgi.
2 Award the Community Citizen of the Year (Youth) to Joshua Patrick.
3 Award the Community Citizen of the Year (Senior) to Elaine Pollard.
4 Award the Active Citizenship (Group or Event) to Turn up in Blue.
5 Withhold the decision from public record until the awards have been presented on Australia Day 2023.

C.4611 14.2 MIGRATION FROM IT VISION SYNERGY SOFT TO ALTUS, SOFTWARE AS A SERVICE That Council:
1. Enter into a contract with the IT Vision for the supply of the Enterprise Resource Planner ‘Altus’
2. Enter into a Software as a Service model agreement with IT Vision.
3. Authorise the Chief Executive Officer to negotiate the final details of the contract in accordance with Council Policy and within 2022/23 budget parameters.
4. Request the Chief Executive Officer to ensure the contract and agreement are within parameters established in the long-term financial plan, and if not able to be accommodated within a reviewed long term financial plan and report any additional long term financial implications to Council prior to March 31, 2023.
C.4612 14 MATTERS BEHIND CLOSED DOORS That Council move out from behind closed doors.