| Decision No. |
Item No |
Item Name |
Decision |
| C.4613 |
9 |
APPLICATION FOR LEAVE OF ABSENCE |
That Council grant Cr H J Appleton leave of absence from 25 January 2023 to 12 February 2023 (inclusive). |
| C.4614 |
9 |
APPLICATION FOR LEAVE OF ABSENCE |
That Council grant Cr R W Tinetti leave of absence from 25 January 2023 to 12 February 2023 (inclusive). |
| C.4615 |
10.1 |
MINUTES FROM THE ORDINARY COUNCIL MEETING HELD 16 NOVEMBER 2022 |
That the minutes of the Ordinary Council meeting held on Wednesday, 16 November 2022 be confirmed as a true and correct record of that meeting. |
| C.4616 |
10.2 |
NOTES FROM THE STRATEGIC COUNCIL MEETING HELD 23 NOVEMBER 2022 |
That Council receive the minutes from the Strategic Council meeting held on 23 November 2022. |
| C.4617 |
10.3 |
NOTES FROM THE COUNCIL FORUM MEETING HELD 14 DECEMBER 2022 |
That Council receive the notes from the Council Forum meeting held Wednesday, 14 December 2022. |
| C.4618 |
13.1.1 |
Lease of 444 (Lot 440) Irishtown Road, Irishtown |
That Council:
1. Approve the renewal and variation to the lease agreement to lease a portion of 444 (Lot 440) Irishtown Road, Irishtown from the Irishtown Hall Club Inc. with the following conditions:
a. Renewal term commencing on 1 November 2022 and terminating on 31 October 2027.
b. Rental fee being consistent with the insurance premium, for the Irishtown Hall, which the Shire will re- imburse the Irishtown Hall Club, upon proof of payment of the said premium.
c. Amend the lease area as detailed within Attachment 2. |
| C.4619 |
13.3.1 |
Second-Hand Transportable Dwelling – 10 Riverside Outlook, Northam |
That Council APPROVE the development application (ref: P22106) for a relocated second-hand transportable dwelling at Lot 23 (No. 10) Riverside Outlook, Northam, subject to the following conditions:
1. The development hereby permitted shall 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 appearance of dwelling shall be completed and maintained to a high standard to the satisfaction of the local government and have an external appearance that is generally consistent with the locality.
4. Screening (for visual privacy) as defined by the Residential Design Codes shall be provided along verandah to the satisfaction of the local government.
5. Prior to occupation or use of the development, a vehicle crossover and 2 on-site parking bays shall be constructed to the specification and satisfaction of the local government.
6. Prior to occupation, or use of the development, site landscaping to the street setback area shall be completed and maintained thereafter to the satisfaction of the local government.
7. A portion of the site is located within the flood fringe. The minimum habitable floor level of 150.74m AHD are required. Development to be in accordance with the finished floor level of 150.74m AHD. (DWER).
8. 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.
9. Prior to occupation of the dwelling, the underside of the building shall be screened from view to the satisfaction of the local government.
10. Prior to occupation, the dwelling shall be connected to an approved reticulated sewerage system.
11. Prior to occupation, the dwelling shall be connected to an approved reticulated water supply.
12. The stormwater shall be managed on-site in a manner so that there is no discharge onto the adjoining properties to the satisfaction of the local government. |
| C.4620 |
12.1 |
COMMUNITY SAFETY COMMITTEE MEETING HELD ON 15 NOVEMBER 2022 |
That Council receive the minutes from the Community Safety Committee meeting held on 15 November 2022. |
| C.4621 |
12.1 |
COMMUNITY SAFETY COMMITTEE MEETING HELD ON 15 NOVEMBER 2022 |
That Council:
1. Accept the minutes of the Shire of Northam Community Safety Committee meeting held Thursday, 16 August 2022 be confirmed as a true and correct record of that meeting, with the following amendments:
a. Item 6.3, clarify that as part of Holyoake’s new contract with the Mental Health Commission the Alcohol & Other Drugs Prevention Officer position has been increased from 0.6 FTE to 1 FTE.
b. Item 6.3, note in discussion that Joanne Woodruff raised concern that the Wheatbelt Senior Managers Forum, FDV Working Party may not be an appropriate group to sit as a working group of the Shire of Northam Community Safety Committee.
2. Accepts the update of the Community Safety and Crime Prevention Plan provided.
3. Accepts that the Community Safety Forum will be held on Monday 21 November at 10am at the Northam Recreation Centre.
4. Accepts the updates of the Community Safety Committee Working Groups.
5. Accepts that Community Safety Meetings will be scheduled for:
a. 14 February 2023
b. 16 May 2023
c. 15 August 2023
d. 14 November 2023
Meetings to commence at 11am, at a venue to be advised with a light lunch to be provided. |
| C.4622 |
12.2 |
LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING HELD ON 01 DECEMBER 2022 |
That Council receive the minutes from the Local Emergency Management meeting held on 01 December 2022. |
| C.4623 |
12.3 |
BUSH FIRE ADVISORY COMMITTEE MEETING HELD ON 06 DECEMBER 2022 |
That Council receive the minutes from the Bush Fire Advisory Committee meeting held on 06 December 2022. |
| C.4624 |
12.3 |
BUSH FIRE ADVISORY COMMITTEE MEETING HELD ON 06 DECEMBER 2022 |
That Council:
1. Accepts the minutes of the Bush Fire Advisory Committee meeting held on 13 September 2022 be confirmed as a true and correct record of that meeting.
2. Note the Community Emergency Services Manager Report as provided.
3. Appoint Greg Montgomery as a Fire Control Officer for the 2022/2023 season in accordance with the criteria in section 5 of the Shire of Northam Bush Fire Manual.
4. Note the Chief Bush Fire Control Officer Report as provided.
5. impose a Harvest, Vehicle Movement and Hot Works Ban for the following Public Holidays:
Saturday 24 December 2022 (Christmas Eve) From 12 noon to midnight.
Sunday 25 December 2022 (Christmas) Full day
Monday 26 December 2022 (Boxing Day) Full day
Sunday 01 January 2023 (New Year’s Day) Full day
Thursday 26 January 2023 (Australia Day) Full day
6. Request the Chief Executive Officer to provide a fire mitigation update through a standing agenda item to each Bush Fire Advisory Committee Meeting, and that brigades are consulted and engaged with on fire mitigation within their districts.
7. Request the Chief Executive Officer to provide the Bush Fire Advisory Committee with a detailed update on the specific WHS action items identified in attachment 3 (PPE / PPC – Fire Fighters) and attachment 4 (training) as approved at the December 2021 BFAC.
8. Reconfirms the pivotal importance of private firefighting response to the Shire’s ability to respond to bush fire incidents within the Shire of Northam and take steps to continue to support this firefighting resource.
9. Acknowledge the impact of decisions made around policies, training etc, in regard to these private response, particularly when made with limited lead time and during the fire season.
10. Appoint Sim Kuiper as a Harvest Ban Weather Officer for the 2022/2023 bush fire season, subject to training or RCC being undertaken. |
| C.4625 |
12.4 |
AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 16 DECEMBER 2022 |
That Council receive the minutes from the Audit & Risk Management Committee meeting held on 16 December 2022. |
| C.4626 |
12.4 |
AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 16 DECEMBER 2022 |
That Council:
1. Accepts the minutes of the Audit & Risk Management Committee meeting held on 25 August 2022 be confirmed as a true and correct record of that meeting.
2. Holds the Annual Electors General Meeting on Wednesday, 25 January 2023 at 5.00pm at the Shire Administration Centre and authorise the Chief Executive Officer to give public notice of the meeting from Thursday, 22 December 2022.
3. Adopt the 2022 Regulation 17 Review, undertaken by the Chief Executive Officer for systems and procedures relating to;
• Risk Management
• Internal Controls
• Legislative Compliance
4. Request the Chief Executive Officer to report to the Committee on the progress towards the recommended actions from the Regulation 17 Review.
5. Receives the Financial Management review update as presented by the Chief Executive Officer.
6. Requires the Chief Executive Officer to provide an update on the progress of each of the recommended actions to every Audit & Risk committee meeting until all actions are completed.
7. Enters the requirement for a financial review to be undertaken every three years in the Council organisational risk register.
8. Receive the update as provided in the monthly Compliance Calendar Report.
9. Receives the December 2022 Shire of Northam Risk Register update.
10. Confirms the identified organisational risk areas of compliance, environment, financial, health & safety, property, reputation & strategic
11. Confirms the ‘compliance’ risk register as presented with the following amendments.
a. Remove mitigation action ‘Manage Inductions – Conduct New Employee Induction. Induction of new employees into the organisation assists in creating an expectation in terms of what is required’ as it is a duplicate.
b. Add a mitigation action to the Compliance / Policy area which includes a framework to ensure review of all policies by Department on a biennial basis.
12. Receive the minutes from the Work Health & Safety Committee meeting held on 20 October 2022.
13. Receives the update as provided in Attachment 1. |
| C.4627 |
12.4 |
AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 16 DECEMBER 2022 |
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 2021/22 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, 22 December 2022.
ABSOLUTE MAJORITY VOTE REQUIRED |
| C.4628 |
13.1.2 |
Western Australian Local Government Association (WALGA) – Best Practice Governance Review |
That Council rank the proposed WA Local Government Association Governance Models as follows:
1. Endorse option 2 (Board & Regional Bodies) as the preferred model.
2. Rank the remaining models in the following order of preference:
a. Option 4
b. Option 1
c. Option 3
d. Option 5 – Current Model |
| C.4629 |
13.1.3 |
Lease of a Portion of Lot 1 Withers Street, Northam |
That Council:
1. In accordance with section 3.58 of the Local Government Act 1995, give local public notice of the proposed disposal of a portion of Lot 1 Withers Street, Northam comprising of approximately 6.24 hectares (as highlighted on Attachment 1) for $323.00 per hectare per annum (excluding GST) to the owners of the adjacent property for a period of three (3) years with a renewal option of two (2) years.
2. Require the Lessee to be responsible for maintaining firebreaks and fencing to the satisfaction of the Local Government.
3. Subject to there being no objections to the proposed disposal, dispose of a portion of Lot 1 Withers Street, Northam comprising of approximately 6.24 hectares (as highlighted on Attachment 1) to the owners of the adjacent property for a period of three (3) years with a renewal option of two (2) years, in accordance with section 5.0 of Council Policy A 8.5 Management of Council Property Leases. |
| C.4630 |
13.1.4 |
Zero Emission Vehicle Transition Plan |
That Council
1. Adopts the Leadership model, as presented in the 2022 EVENERGI report, for transitioning 100% of the Shire of Northam light vehicle fleet to zero emission by the end of 2031 with a review of the vehicle transition strategy to occur in 2027.
2. Requests the Chief Executive Officer to review policy F4.10 Vehicle & Plant Management and present to Council for consideration prior to June 30, 2023.
3. Requests the Chief Executive Officer to present new policies for Council to consider providing a framework for the management of zero emission vehicles for light vehicles with private usage. |
| C.4631 |
13.1.5 |
Resignation of Councillor and Extraordinary Election |
That Council;
1. Receive the resignation of Cr Paul Curtis dated 25 November 2022 effective immediately and acknowledge his service on Council.
2. In accordance with section 4.9(1)(b) of the Local Government Act 1995, fix 16 March 2023 as the date for an extraordinary election.
3. Authorise an unbudgeted expenditure of $14,000 including GST to conduct an extraordinary election from accounts 04042012 and 04042002, with an additional amount of $6,500 being identified at the 2022/23 mid-year budget review.
4. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the Extraordinary Election.
5. Determine, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the election will be as a postal election.
ABSOLUTE MAJORITY OF SIX (6) REQUIRED |
| C.4632 |
13.1.6 |
Disposal of Portion of Lot 202 Fitzgerald Street, Northam |
That Council:
1. Approve a boundary adjustment and dispose of a portion of Lot 202 Fitzgerald Street, Northam comprising of 1m2 to the adjoining landowner Tinetti Investments Pty Ltd (transferee), for a sum of $133.00 which is consistent with the valuation undertaken on the adjoining property, and believed to be a true indication of the value at the time of the disposition.
2. Acknowledge that that ownership of the land would not be of significant benefit to anyone other than the transferee. |
| C.4633 |
13.4.1 |
Accounts & Statements of Accounts – 1st November 2022 to 30th November 2022 |
That Council receive the payments for the period 1st November 2022 to 30th November 2022, as listed:
• Municipal Fund payment cheque numbers 35537 to 35542 Total $28,185.68.
• Municipal Fund EFT45349 to EFT45752 Total $2,153,587.29.
• Direct Debits Total $97,145.92.
• Payroll Total $526,791.12
TOTAL: $2,805,710.01
Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42). |
| C.4634 |
13.4.2 |
Financial Statement for the period ending 30th November 2022 |
That Council receives the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 30 November 2022. |
| C.4635 |
13.4.2 |
Financial Statement for the period ending 30th November 2022 |
That Council adopts the budget amendments to:
1. Update the plant purchase budget and include purchase of a Bob Cat Trailer for $9,050.
ABSOLUTE MAJORITY VOTE OF SIX (6) REQUIRED |
| C.4636 |
13.4.3 |
Department of Transport Licensing Agreement |
That Council authorise the Chief Executive Officer to enter into the licensing Services Agreement with the Department of Transport for a five-year term commencing on the 1 January 2023. |
| C.4637 |
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) of the Local Government Act 1995, meet behind closed doors to consider agenda item:
• 14.1 Chief Executive Officer Review Committee Meeting held on 09 November 2022 as the item relates to a matter affecting an employee.
• 14.2 Chief Executive Officer Review Committee Meeting held on 14 December 2022 as the item relates to a matter affecting an employee |
| C.4638 |
14.1 |
CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 09 NOVEMBER 2022 |
That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 09 November 2022. |
| C.4639 |
14.1 |
CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 09 NOVEMBER 2022 |
That Council:
1. Confirm the minutes of the Chief Executive Officer Review Committee meeting held on 06 October 2022 as a true and correct record of that meeting.
2. Request the Shire President to complete all actions as listed below and report the results to the committee. The Shire President is to:
a. Provide a letter to the CEO containing a KPI report, advice of the approval of the remuneration amount by council, and close off the review.
b. Provide information to the Committee about a training course for the CEO so the committee can decide if it should be a KPI.
c. Review all information from the CEO’s last contract and since, and confirm current and proposed remuneration and provide any other relevant information to the committee for consideration.
d. Discuss the possibility of a renewal of contract prior to the ten year anniversary with the CEO and seek a second legal opinion.
e. Investigate what options other Councils are offering in relation to housing options for CEOs. |
| C.4640 |
14.2 |
CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 14 DECEMBER 2022 |
That Council receive the minutes from the Chief Executive Officer Review Committee meeting held on 14 December 2022. |
| C.4641 |
14.2 |
CHIEF EXECUTIVE OFFICER REVIEW COMMITTEE MEETING HELD ON 14 DECEMBER 2022 |
That Council:
1. Accepts the minutes of the Chief Executive Officer Review Committee meeting held on 09 November 2022 be confirmed as a true and correct record of that meeting.
2. Authorise the Shire President to liaise with the Acting Governance Coordinator to obtain from an appropriate party a (second) legal opinion on the legality of renewing the Chief Executive Officer’s contract prior to its current conclusion, given the new legislation regarding the ten-year contract conditions for Chief Executive Officer’s.
3. Authorise the Shire President to request a list of potential Chief Executive Officer Recruitment Consultants, containing quotes and expected timelines, from the Acting Governance Coordinator.
4. Approve the Leading Economic Growth training held by Harvard Kennedy School; and
5. Inform the CEO that the requested training is approved by Council and that this will not form a KPI for 2022/23.
6. Request the Chief Executive Officer to complete the SAT remuneration inquiry, with no proposed change to the remuneration band. |
| C.4642 |
14 |
MATTERS BEHIND CLOSED DOORS |
That Council move out from behind closed doors. |
| C.4643 |
15.1 |
ALL-ABILITIES PLAYGROUNDS WITHIN THE SHIRE OF NORTHAM |
That Council investigate the provision of an inclusive playground element at the Northam Youth space (corner of Chidlow Street & Peel Terrace) and report a design and cost back to the Council in preparation for the 2023/24 budget. |
| C.4644 |
15.2 |
EXTENSION OF ROADSIDE RUBBISH COLLECTION TO QUELLINGTON AREA |
That Council investigate the costs and practicality for the extension of the roadside rubbish collection to include areas not currently included in the kerbside waste collection service, specifically the Quellington area, and to report back to Council with options, which may include a centralised collection point. |