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Ordinary Council Meeting - 16 October 2024

Wednesday, October 16, 2024 - 05:30 PM

Location: Shire of Northam Council Chambers

An Ordinary Council Meeting was held in the Council Chambers at 395 Fitzgerald Street, Northam on 16 October 2024 at 5:30pm.

Summary of Decisions: 

Motion No. Item No Subject Motion
C.5142 9 Application for Leave of Absence That Council GRANTS Cr J E G Williams leave of absence from 26 October to 24 November 2024 (inclusive).
C.5143 10.1 Confirmation of Minutes from the Ordinary Council Meeting held 18 September 2024 That the minutes of the Ordinary Council meeting held on Wednesday, 18 September 2024 be CONFIRMED as a true and correct record of that meeting.
C.5144 10.2 Confirmation of Minutes from the Special Council Meeting held 25 September 2024 That the minutes of the Special Council Meeting held on Wednesday, 25 September 2024 be CONFIRMED as a true and correct record of that meeting.
C.5145 10.3 Notes from the Council Forum Meeting held 07 October 2024 That Council receive the notes from the Council Forum meeting held on Monday 07 October 2024.
C.5146 12.1 Audit & Risk Management Committee Meeting held 05 September 2024 That Council RECEIVES the minutes from the Audit & Risk Management Committee meeting held on 05 September 2024.
C.5147 12.1 Audit & Risk Management Committee Meeting held 05 September 2024 That Council:

1. NOTES the information provided in Attachment 6.1.1 and 6.1.2 in relation to the findings from the 2023/24 interim audit; and
2. NOTES that actions relating to the significant and moderate findings have been completed, and that actions for the minor findings are in progress as outlined in Attachment 6.1.3.
3. RECEIVES the April –July 2024 update on the internal auditing as provided in Attachment 6.2.1.
4. RECEIVES the September 2024 update as provided in Attachment 6.3.1 in relation to the progress made towards the Privacy and Responsible Information Sharing (PRIS) Action Plan.
5. RECEIVES the September 2024 update on the Shire of Northam Risk Register.
6. RECEIVES the September 2024 update as provided in Attachment 6.5.1 in relation to the progress made towards the Regulation 17 Action Plan.
7. RECEIVES the update as provided in Attachment 6.6.1 in relation to the progress made towards implementation of the ICT Strategy Plan.
C.5148 13.1.1 Governance Policies That Council:

1. ADOPTS Policy G 1.8 Risk Management as provided in Attachment 13.1.1.2.
2. ADOPTS Policy A 8.5 Property Management (Leases and Licences) as provided in Attachment 13.1.1.4.
3. ADOPTS the Privacy Policy as provided in Attachment 13.1.1.5.
4. ADOPTS the Policy Framework as provided in Attachment 13.1.1.6.
5. REVOKES the following Policies as Council Policies:
a) G 1.5 Code of Conduct - Employees, Volunteers, Contractors and Agency Staff.
b) G 1.11 Corporate Uniform – Council Members.
c) W 5.1 Engineering - Technical Specifications - For Construction of Subdivisions, Roads & Stormwater Drains.
d) W 5.4 Notice of Entry for Public Services & Utilities.
e) A 8.2 Policy for Children on a Fire Ground.
f) C 3.2 Shire of Northam Library Services.
6. AUTHORISES the Chief Executive Officer to make administrative amendments to the Shire of Northam Council and Planning Policies, including updating and allocating policy numbers, referencing related Shire documents and other formatting adjustments as required.
C.5149 13.1.2 2025 Council Meeting Dates That Council:

1. APPROVES the Forum and Ordinary Meetings of Council for 2025 to be held as follows, with location subject to change at Council discretion:

FORUM - ORDINARY - LOCATION

Nil. - 22 January 2025 - Shire of Northam Council Chambers

19 February 2025 - 26 February 2025 - Shire of Northam Council Chambers

19 March 2025 - 26 March 2025 - Shire of Northam Council Chambers

16 April 2025 - 23 April 2025 - Shire of Northam Council Chambers

21 May 2025 - 28 May 2025 - Shire of Northam Council Chambers

18 June 2025 - 25 June 2025 - Shire of Northam Council Chambers

16 July 2025 - 23 July 2025 - Shire of Northam Council Chambers

20 August 2025 - 26 August 2025 - Shire of Northam Council Chambers

17 September 2025 - 24 September 2025 - Shire of Northam Council Chambers

15 October 2025 - 22 October 2025 - Shire of Northam Council Chambers

19 November 2025 - 26 November 2025 - Shire of Northam Council Chambers

10 December 2025 - 17 December 2025 - Shire of Northam Council Chambers

2. SCHEDULES Strategic Meetings of Council quarterly, on the first Wednesday of the month in February, May, August and November.
3. APPROVES Forum, Ordinary and Strategic meetings of Council to commence at 5:30 pm.
C.5150 13.1.3 Western Australian Local Government Association (WALGA) Local Government Elections Advocacy Positions That Council REQUESTS the Chief Executive Officer to advise the WA Local Government Association that the Shire of Northam Council supports the following Local Government Election Advocacy Positions:

1. PARTICIPATION – Advocacy position (a);
2. TERMS OF OFFICE – Advocacy position (a);
3. VOTING METHODS – Advocacy position (a);
4. INTERNAL ELECTIONS – Advocacy position (a);
5. VOTING ACCESSIBILITY – Advocacy position (a), (b) and (c), with electronic voting only supported where the integrity of the process can be assured;
6. METHOD OF ELECTION OF MAYOR – Advocacy position (b).
C.5151 13.1.4 Northam Airfield Rules of Operation That Council APPROVES the Rules of Operation for the Northam Airfield as provided in Attachment 13.1.4.1.
C.5152 That Council:

1. ADOPTS the amended H6.9 Trading on Thoroughfares & Public Places Policy outlined in Attachment 13.3.1.1 for a trial period from 17 October 2024 to 30 June 2025;

2. AUTHORISES the Chief Executive Officer to modify Policy H6.9 Trading on Thoroughfares & Public Places where the Chief Executive Officer has determined a location under section ‘3.0 Trading Zones’ to be suitable or not suitable; and

3. NOTES that a further report will be presented to Council at the conclusion of the trial period to determine if the change in policy direction should be adopted on a more permanent basis.
C.5153 13.4.1 Corporate Services - Policy Review That Council ADOPTS the following Policies:

    1. S 10.1 ICT Remote Access Management (as per Attachment 13.4.1.1);
    2. S 10.2 ICT Cybersecurity Incident Management (as per Attachment 13.4.1.2);
    3. S 10.4 ICT Security Access (as per Attachment 13.4.1.3);
    4. S 10.5 ICT BYOD Management (as per Attachment 13.4.1.4);
    5. S 10.6 ICT Password Management (as per Attachment 13.4.1.5);
    6. S 10.7 ICT The Use of Artificial Intelligence (as per Attachment 13.4.1.6); and
    7. F 1.12 Credit, Fuel and Transaction cards (as per Attachment 13.4.1.7).
C.5154 13.4.2 Accounts & Statement of Accounts - September 2024 That Council RECEIVES the payments for the period 1 September to 30 September 2024, as listed:

•                   Municipal Fund EFT51928 to EFT52162 = $1,723,182.66
•                   Direct Debits = $3,892.28
•                   Superannuation = $156,561.94
•                   Payroll = $600,778.20

TOTAL: $2,484,415.08

that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.5155 13.4.3 Financial Report for the Period Ending 30 September 2024 That Council RECEIVES the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations 1996, for the period ending 30 September 2024.
C.5156 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) & (C) of the Local Government Act 1995, meet behind closed doors to consider agenda items:

14.1 - Disposal of 33 Wellington Street, Northam, as this relates to a contract entered into, or which may be entered into, by the local government.
14.2 - Application under F4.8 Rates Hardship – A12113, as this relates to the personal affairs of any person.
14.3 - Application under F4.8 Rates Hardship – A10167, as this relates to the personal affairs of any person.
14.4 - Chief Executive Officer Review & Selection Committee Meeting held 11 September 2024, as it relates to a matter affecting an employee or employees.
C.5157 14.1 Disposal of A13095 That Council suspend the following Standing Orders:

8.5 - members to indicate their intention to speak (requirement to stand); and

8.9 - speaking twice.
C.5158 14.1 Disposal of A13095 That Council resume the following Standing Orders:

8.5 - members to indicate their intention to speak (requirement to stand); and

8.9 - speaking twice.
C.5159 14.1 Disposal of A13095 That Council:

1. AUTHORISES the Chief Executive Officer to negotiate with the current tenant of A13095, in accordance with the conditions detailed in the ‘Officer's Comment’ of this report;

2. Where negotiation is successful, AUTHORISES the Chief Executive Officer to dispose of A13095 in accordance with section 3.58 of the Local Government Act 1995, noting that a report will be presented to Council for final determination if submissions are received for the disposal;

3. REQUIRES the Chief Executive Officer to present a further report to Council if an agreement is not reached relating to the disposal of A13095; and

4. CONSIDERS the disposal costs for A13095 in the 2024/25 mid-year budget review process.
C.5160 14.2 Application under F 4.8 Rates Hardship - A12113 That Council:

1. APPROVES the payment arrangement of $150.00 per fortnight for the current owner of A12113 until 30 June 2026; and

2. APPROVES the interest write off $1,919.41 for A12113.
C.5161 14.3 Application under F 4.8 Rates Hardship - A10167 That Council: (*By Absolute Majority)

1. APPROVES ceasing further interest accruals on the rates and rubbish components for A10167, from 16 October until 30 November 2024; and
2. APPROVES interest write off of $5,409.96 for A10167 once rates payment has been received in full.
3. Reapply the interest for the period 16 October to 30 November 2024 if the rates payment is not received in full by the 30 November 2024.
C.5162 14.4 Chief Executive Officer Review & Selection Committee Meeting held 11 September 2024 That Council RECEIVE the minutes from the Chief Executive Officer Review & Selection Committee meeting held on 11 September 2024
C.5163 14 Matters Behind Closed Doors That Council move out from behind closed doors.