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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00pm, Tuesday 26th November, 2019
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00pm, Tuesday 26th November, 2019
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
26 November 2019 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 26
November 2019 AT 6:00pm
PRESENT: Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), Cr Leigh Bowden, Cr David Graham, Cr Gil Kelly, Cr Penny Nicholson, Cr Doug Phillips, Cr Charlie Sheahan, Cr Craig Stewart
IN ATTENDANCE: Phil McMurray (Acting General Manager), Ganesh Ganeshamoorthy (Manager Assets), Susan Gheller (Manager of Business), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)
The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.
ADJOURN MEETING FOR OPEN FORUM
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Resolution 401/2019 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson Council adjourn for Open Forum. |
List of Speakers
1. Leearn Sedgwick – As part owner of Streetwise Outdoor Advertising spoke in relation to item 8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal in relation to the renewing of a lease as detailed in the report.
2. Isabel Scott – As Chairperson of the s355 committee of Council -Spoke in relation to the Arts Centre Cootamundra to reinforce and thank Council for the support of s355 committees of Council. Mrs Scott detailed some of the events that have been successfully undertaken by the Arts Centre Cootamundra s355 Committee of Council and events with combined s355 Committee
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Resolution 402/2019 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly Council resume the Open Meeting. |
There were no apologies.
Cr Dennis Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra as his sister owns an adjoining property.
Cr Dennis Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request as he is a member.
Cr David Graham disclosed a Significant Non-Pecuniary Interest in item 11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai as he was the previous owner of the property.
Cr Gill Kelly disclosed a Significant Non-Pecuniary Interest in item 8.1.8 TAFE NSW - Request for Sponsorship for their Annual Graduation and Awards Presentation Evening as his wife is an award nominee.
Cr Charlie Sheahan disclosed a Significant Non-Pecuniary Interest in item 8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request as he is a member.
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Resolution 403/2019 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly That item 8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal be considered next. |
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8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal |
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Resolution 404/2019 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. The report relating to the renewal of the agreement between the former Cootamundra Shire Council and Streetwise Outdoor Advertising be received and noted. 2. The agreement between the former Cootamundra Shire Council and Streetwise Outdoor Advertising be renewed with Cootamundra-Gundagai Regional Council, as has historically occurred, for a period of ten years. 3. A Development Control Plan for advertisement signage for the Local Government Area be developed. |
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 October 2019 |
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Note: The following amendment to the Minutes of the Ordinary Meeting of Council held on Tuesday 29th October, 2019 was noted: Open Forum 3. Jason Graham – Mr Graham, as the General Manager of Manildra Meats, spoke on item 8.4.4 Development application 2019/103 – Fish Rendering Trial – 572 Stockinbingal Road, Cootamundra. Resolution 405/2019 Moved: Cr Penny Nicholson Seconded: Cr Charlie Sheahan The Minutes of the Ordinary Meeting of Council held on Tuesday 29 October 2019 be confirmed as a true and correct record of the meeting. |
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6.1 Mayoral Minute - Attendances for the Month of November, 2019 |
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Note: the following amendment to the Mayoral Minute was noted: 29th October, 2019 Cr Bowden attended the meeting with the Minister for Local Government the Hon. Shelley Hancock, Member for Riverina, Steph Cooke, MP and other Office of Local Government representatives. Resolution 406/2019 Moved: Cr David Graham Seconded: Cr Leigh Bowden The information on Mayoral and Councillors attendances for the month of November, 2019 be noted. |
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6.2 Mayoral Minute - Asbestos Awareness Campaign During November, 2019 |
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Resolution 407/2019 Moved: Cr David Graham Seconded: Cr Dennis Palmer 1. Council support the new Asbestos Awareness campaign being produced by NSW Asbestos Coordination Committee. This campaign will help make Cootamundra-Gundagai Regional Council residents more aware of asbestos and contribute to reducing their risk of exposure to asbestos by providing promotional materials that Council and use across its communication channels to educate residents on best practices when dealing with asbestos in their homes. 2. Council promotes the asbestos awareness campaign during December, 2019 through its promotional channels. |
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6.3 Mayoral Minute - Post Amalgamation Review of Cootamundra-Gundagai Regional Council |
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Resolution 408/2019 Moved: Cr David Graham Seconded: Cr Leigh Bowden That Council obtain a fee proposal from Dr. Joseph Drew from the University of Technology Sydney Centre for Local Government, to undertake a post amalgamation assessment of Cootamundra-Gundagai Regional Council against the proposed benefits expected as a result of the 2016 merger of the former Cootamundra and Gundagai Shire Councils. Further, that the proposal be targeted at reviewing efficiencies, opportunities and strategies, for the Council to achieve long term financial sustainability and social benefit for the communities. |
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7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 November 2019 |
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Resolution 409/2019 Moved: Cr Gil Kelly Seconded: Cr David Graham 1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 November 2019 (attached) are submitted for adoption. 2. The Recommendations contained within the Minutes be adopted. |
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Resolution 410/2019 Moved: Cr David Graham Seconded: Cr Dennis Palmer The Minutes of the Internal Audit Committee Meeting held on Thursday, 7th November, 2019, attached to the report, be received and noted. |
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8.1.2 Muttama Hall Management s.355 Committee Meeting Minutes |
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Resolution 411/2019 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Minutes of the Muttama Hall Management s.355 Committee informal meeting held on 16th October, 2019 and the site meeting held on 24th October, 2019, attached to the report, were received and noted. |
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8.1.3 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 412/2019 Moved: Cr David Graham Seconded: Cr Charlie Sheahan The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 24th October, 2019, attached to the report, be received and noted. |
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Resolution 413/2019 Moved: Cr Craig Stewart Seconded: Cr Doug Phillips The delay of the 2018/2019 Annual Report, be noted, due to the extension required for producing the financial statement. |
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8.1.5 Delivery Program/ Operational Plan Quarterly Progress Report |
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Resolution 414/2019 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden The Delivery Program 2018-2021 incorporating the Operational Plan 2019/20, quarterly progress report, (Q1 1, July – 30 September, 2019) be received and noted. |
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8.1.6 Meeting Dates for Ordinary Meetings of Council for 2020. |
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Resolution 415/2019 Moved: Cr David Graham Seconded: Cr Dennis Palmer 1. The Ordinary Meetings of Council remain at 6:00pm on the last Tuesday of the Month from January to November. 2. The Ordinary Meeting held in December remain at 6:00pm on the second Tuesday. 3. The current arrangement of alternating meetings between Cootamundra and Gundagai remain. |
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8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request |
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Note: Having disclosed a significant non-pecuniary Cr Palmer (Deputy Mayor) and Cr Sheahan left the Meeting. Resolution 416/2019 Moved: Cr David Graham Seconded: Cr Gil Kelly Council consider an amount to sponsor the Cootamundra Lion Club’s for the annual Cootamundra Christmas Carnival and Fireworks Display. |
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8.1.8 TAFE NSW - Request for Sponsorship for their Annual Graduation and Awards Presentation Evening |
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Note: Having disclosed a significant non-pecuniary Cr Kelly left the Meeting. Resolution 417/2019 Moved: Cr David Graham Seconded: Cr Dennis Palmer Council provide sponsorship of $100 to TAFE NSW, Cootamundra for its Annual Graduation and Award Ceremony, 2019. |
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Resolution 418/2019 Moved: Cr Dennis Palmer Seconded: Cr Craig Stewart The updated Council Meeting Action Report, attached be received and noted. |
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8.1.10 The Centre for Road Safety 2019 ‘What’s Your Plan B’ Campaign |
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Resolution 419/2019 Moved: Cr Charlie Sheahan Seconded: Cr David Graham The information on the Centre for Road Safety 2019 ‘What’s Your Plan B’ campaign be noted. |
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8.1.11 Australian Local Government Women's Association "Women on Council" Forum 2nd November, 2019 |
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Resolution 420/2019 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The report prepared by Cr Bowden on the Australian Local Government Women’s Association NSW “Women on Council” Forum held on Saturday, 2nd November, 2019 be received and noted. 2. In addition to both women councillors attending the ALGWA NSW Conference in 2020, a senior female member of staff also be supported to attend if the relevant budget allows. |
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8.1.12 Annual Local Government New South Wales Conference - Warwick Farm 14th - 16th October, 2019 |
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Note: An attachment from Cr Linda Scott, President Local Government NSW, not included in the report can be viewed in the Attachments Under Separate Cover document on Council’s webpage at https://www.cgrc.nsw.gov.au/wp-content/uploads/2019/11/Attachments-Under-Separate-Cover-26-November-2019_Part1-1.pdf . The business paper for the Annual Local Government New South Wales Conference can be viewed at https://www.cgrc.nsw.gov.au/business-papers-and-minutes-2019/ Resolution 421/2019 Moved: Cr Craig Stewart Seconded: Cr Charlie Sheahan Recommendation The report on the Annual Local Government New South Wales Conference, prepared by Cr Bowden, be received. |
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Resolution 422/2019 Moved: Cr Doug Phillips Seconded: Cr David Graham The Information Bulletin and correspondence, attached to the report be received and noted. |
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Resolution 423/2019 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. The Monthly Major Projects Status Update report be received and noted. 2. The recommended changes to the project budgets as listed be adopted. |
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Resolution 424/2019 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden The Investment Report as at 31st October, 2019 be received and noted. |
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Resolution 425/2019 Moved: Cr Craig Stewart Seconded: Cr Doug Phillips The Monthly Finance Report for October, 2019 be received and noted. |
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Resolution 426/2019 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan 1. Council make representation to the Member for Riverina, Steph Cooke, MP in relation to the need for a sustainable state funding model for the ongoing provision of public library services. 2. Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model. 3. Council take a leading role in lobbying for sustainable state government funding for libraries. 4. Council endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association. |
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Resolution 427/2019 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The AMPOL Fuel Site – Gathering Early History Workshop report, the Draft Preliminary Interpretive Concepts and Chronology of the AMPOL Site documents, attached to the report, be received and noted. 2. Conservation Coordinator Louise Halsey be invited to present to Council her proposal for the AMPOL Fuel Depot site located on the Olympic Highway at the southern entrance to Cootamundra. |
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Resolution 428/2019 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan That a submission be prepared for the NSW Government Inquiry into support for drought affected communities in NSW, recommending: (a) The NSW Government consider rate relief for rural businesses as a form of support for drought affected communities. (b) That the NSW Government provide financial and administrative support to local Councils to enable them to implement the relief without incurring additional costs for ratepayers. |
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8.3.4 Everyone Can Play Application - Lindley Park South Gundagai |
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Resolution 429/2019 Moved: Cr David Graham Seconded: Cr Charlie Sheahan Council endorse a matched application for funding for Lindley Park South Gundagai to the Everyone Can Play Grants. |
8.4 Development, Building and Compliance
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Resolution 430/2019 Moved: Cr Craig Stewart Seconded: Cr Gil Kelly The information on Development Applications approved in October, 2019 be noted. |
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Resolution 431/2019 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson Council adopt the Coota 2050 Strategy.
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Resolution 432/2019 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson 1. Council refused the Rural Lands Strategy 2. Further discussion with stakeholders be undertaken prior to the Rural Land Strategy being resubmitted for the consideration of Council.
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8.4.4 Control Of Public Reserve 88379 - Corner Gundagai and Jugiong Roads Cootamundra |
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It was moved by Cr’s Palmer and Kelly; 1. Council accept the appointment of Land Managers of Public Reserve 88379 - Corner Gundagai and Jugiong Roads Cootamundra. 2. An additional purpose for Environmental Protection and Sustainable Grazing as a Reserve Purpose (on the condition that the grazing area is fenced out of environmental protection area) be permitted. On being put to the vote the Motion was LOST.
Resolution 433/2019 Moved: Cr Doug Phillips Seconded: Cr Gil Kelly Council advise Crown lands that the offer for Cootamundra-Gundagai Regional Council to manage control of public reserve 88379 Corner Gundagai and Jugiong Roads Cootamundra is declined.
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8.4.5 Planning Proposal No 4 to Gundagai Local Environmental Plan |
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Resolution 434/2019 Moved: Cr Penny Nicholson Seconded: Cr Charlie Sheahan 1. Council proceed with the amendment to Schedule 1 of Gundagai Local Environmental Plan 2011 to permit health consulting rooms at 236 Punch Street Gundagai, Lot 2 DP 634697 and defer the remainder of Planning Proposal No 4 until the matters raised by NSW Planning Industry & Environment (Biodiversity and Conservation Division) have been resolved. 2. That Gundagai Local Environmental Plan be amended as follows: Schedule 1 Additional Permitted Uses 1. Use of certain land at 236 Punch Street, Gundagai This clause applies to land at 236 Punch Street, Gundagai being Lot 2 DP634697. Development for the purpose of health consulting rooms is permitted with development consent.
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Nil
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8.6.1 Concept Design Report, Cootamundra Water Supply System Rechlorination and Reservoir Review |
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Resolution 435/2019 Moved: Cr Dennis Palmer Seconded: Cr Craig Stewart The Concept Design Report – Cootamundra Supply System Re-chlorination and Reservoir Review be received and noted. |
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8.7.1 Civil Works and Technical Services Report - November 2019 |
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Resolution 436/2019 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly The Civil Works and Technical Services Report for the month of November, 2019 be received.
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Resolution 437/2019 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. Council endorse a further five month trial period be undertaken to 30th April, 2020. 2. Council undertake consultation with representatives of Mirabooka to develop a fee proposal, to be included in the report, to be prepared and submitted to the Ordinary Meeting to be held Tuesday, 26th May, 2020 for the consideration of Council for inclusion in the 20/21 Fees and Charges. 3. A further report with more accurate hire details be prepared and submitted to the Ordinary Meeting to be held Tuesday, 26th May, 2020 for the consideration of Council. |
Nil
Nil
8.10 Waste, Parks and Recreation
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Resolution 438/2019 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Cootamundra CBD Street Tree Light Enhancement Review report be received an noted 2. Council approve for all relevant trees located on Parker Street, between Wallendoon and Adam Streets, to have enhancement lights installed. 3. For consideration in the 20/21 budget.
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8.10.3 Cootamundra Aquatic Centre Operating Hours Trial Review |
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Resolution 439/2019 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson Defer the Cootamundra Aquatic Centre Operating Hours Trial Review to the Ordinary Meeting scheduled to be held on 10th December, 2019. |
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Resolution 440/2019 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer Defer the Cootamundra Aquatic Centre Operations Plan to the Ordinary Meeting scheduled to be held on 10th December, 2019 |
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Resolution 441/2019 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer 1. The report on the Annual Community Free Green Waste Collection Service currently delivered to Cootamundra residents be received and noted. 2. a. The free kerb side green waste collection service be cancelled until the Strategic Waste Strategy is adopted and the actual cost of the service can be established and reported back to Council. b. Council reinstate two (2) annual free green waste tip days, subject to conditions. 3. The community be informed of Council’s decision through its usual media channels. |
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8.10.6 Request From Cootamundra Swimming & Lifesaving Club Inc. That Entry Fees of The Cootamundra Aquatic Centre For Family Members and Spectators Be Waived During the 2019/2020 Swimming Season. |
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Resolution 442/2019 Moved: Cr Charlie Sheahan Seconded: Cr Penny Nicholson 1. Cootamundra Swimming and Life Saving Club swimmers be exempted from paying the pool entry fee after 5:30 for Thursday nights club swims undertaken by Cootamundra Swimming and Life Saving Club. 2. Family members and spectators be permitted free entry to the Cootamundra Aquatic Centre, in accordance with Council’s Fees and Charges during Club events. |
9 Motion of which Notice has been Given
Nil
Nil
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Resolution 443/2019 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart 1. Items 11.2, 11.3, 11.4 and 11.5 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed. 2. In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Items 11.2, 11.3, 11.4 and 11.5 be withheld from the press and public.
11.2 Waste Strategy & Business Plan Review Provisions for Confidentiality Section 10A (2) (f) – The Confidential Report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. Public Interest It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.
11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai Provisions for Confidentiality Section 10A (2) (f) – The Confidential Report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. Public Interest It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.
11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra Provisions for Confidentiality Section 10A (2) (g) – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Public Interest It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community.
11.5 Offer to Purchase Council's Shareholding in Southern Phone Company Limited Provisions for Confidentiality Section 10A (2) (c) – The Confidential Report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Public Interest It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.
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Resolution 444/2019 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips 1. The Draft Waste Strategy and Business Plan Review Report be received and noted. 2. The Draft Waste Strategy as presented be adopted in principal, and that the Mayor, Deputy Mayor, General Manager, Manager Waste, Parks and Recreation Services, and other stakeholders as identified, enter into discussions with Elouera Association Inc. as soon as possible, and prior to releasing the report to the community for comment and discussion. 3. The Draft Waste Strategy be put on public exhibition for the purpose of community consultation for a three month period from February, 2020 to April, 2020. 4. A Communication Implementation Plan, including the identification of risks, be developed internally prior to the Strategic Plan being released. 5. A report and all associated findings and recommendations from the community consultation process be prepared and returned to Council for review in May 2020. |
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11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai |
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Note: Having disclosed a significant non-pecuniary interest in this item Cr Graham left the meeting. Resolution 445/2019 Moved: Cr Doug Phillips Seconded: Cr Penny Nicholson 1. Council endorse the purchase of 87 First Avenue, Gundagai by Gundagai Preschool Kindergarten. 2. Council classify lot 13 DP 1102375 87 First Avenue Gundagai as operational land. |
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11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra |
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Resolution 446/2019 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan The following resolution carried at the Council Meeting held on 26 March 2019 in relation to Item No. 11.2 Lease of Road Reserve Between Lot 5 DP10928338 and Lots 60,61 & 62 DP753604 Cootamundra (late item)/ Resolution 095/2019 be rescinded be rescinded: Council enter into a five (5) year lease of unused public road ‘Netherleigh Lane’ (Lot 5 DP 10928338 and Lots 60, 61 & 62 DP 753604) with the owner of ‘Netherleigh’, 294 Netherleigh Lane Cootamundra in accordance with Section 153 of the Roads Act 1993 for an annual fee of $145
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11.5 Offer to Purchase Council's Shareholding in Southern Phone Company Limited |
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Resolution 447/2019 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden 1. Council agree to the sale of Southern Phone shares to AGL Energy in line with the share sale agreement. 2. Council delegate to the General Manager to execute any relevant documentation necessary.
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11.6 Resumption of Open Council Meeting
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Resolution 448/2019 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly The Open Council meeting resume. |
11.7 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 9:14pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 10 December 2019.
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CHAIRPERSON GENERAL MANAGER