Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

10 December 2019

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Tuesday, 10 December 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), Matt Stubbs (Manager Technical Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)

1 Acknowledgement of Country

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

Resolution 449/2019

Moved: Cr Dennis Palmer

Seconded: Cr Leigh Bowden

Council adjourn for Open Forum.

Carried

2 Open Forum

List of Speakers

1. Mr. Barry Cunich – Mr. Cunich addressed Council in relation to his sewer pipe. He also suggested renaming Bradman Oval to Steve Smith Oval.

2. Mr. Conrad Streher – Mr. Streher spoke in opposition the recommendation for item 8.4.3 Development Application 2019/103 – Fish Rendering Trial – 573 Stockinbingal Road, Cootamundra.

3. Mr. Dean Thompson – Mr. Thompson spoke in opposition to the recommendation for item 8.4.3 Development Application 2019/103 – Fish Rendering Trial – 573 Stockinbingal Road, Cootamundra.

4. Mr. David Hain – Mr. Hain addressed Council on climate change and Council’s responsibility to adopt best practice principals in preparing for the future including weather patterns that will impact the Cootamundra-Gundagai region.

5. Mr. Chris Imrie – Mr. Imrie spoke in opposition to the recommendation on item 8.4.2 Development Application 2019/139 – 8 Chamen Street, Cootamundra – Use of Unauthorised Carport.

RESUME OPEN MEETING

Resolution 450/2019

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

Council resume the Open Meeting.

Carried

3 Apologies

Nil

4 Disclosures of Interest

Mr McMurray (General Manager) disclosed a significant non-pecuniary interest in Confidential item 11.3 Mayoral Minute – General Managers Review as he is the general manager.

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 26 November 2019

Note: the following amendments to the Minutes were noted:

Mayoral Minute:

29^th October, 2019

Cr Bowden did not attend the meeting with the Minister for Local Government the Hon. Shelley Hancock, Member for Cootamundra, Steph Cooke MP, and other Office of Local Government Representatives.

In item 8.1.12 Annual Local Government New South Wales Conference – Warwick Farm 14^th -16^th October, 2019, the report submitted by Cr Bowden, contained a recommendation to extend an invitation to Mr Jim Main to address Council on the matter of climate change. Cr Bowden moved the recommendation as a motion. Cr Sheahan seconded the motion. On being put to the vote, the motion was lost.

Resolution 451/2019

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

The Minutes of the Ordinary Meeting of Council held on Tuesday 26 November, 2019 as amended were confirmed as a true and correct record of the meeting.

Carried

6 MAYORAL MINUTES

6.1 Mayoral Minute - Councillor Engagement

Resolution 452/2019

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

The information in the Mayoral Minute be received and noted.

Carried

7 Reports from Committees

7.1 Minutes of the Access and Inclusion Committee Meeting held on Thursday 28 November 2019

Resolution 453/2019

Moved: Cr Charlie Sheahan

Seconded: Cr David Graham

The Minutes of the Access and Inclusion Committee Meeting held on Thursday 28 November, 2019, attached to the report, be received and noted.

Carried

8 General Manager’s Report

8.1 Business

8.1.1 Tabling of Pecuniary Interest Returns

Resolution 454/2019

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

The tabling of pecuniary interest return from new designated staff be noted.

Carried

8.1.2 Gundagai Tourism Action s.355 Committee Meeting Minutes

Resolution 455/2019

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

1. The Minutes of the Gundagai Tourism Action s.355 Committee meetings held on 13^th November, 2019, attached to the report, be received and noted.

2. The application of Mike Kingwill to become a member of the Gundagai Tourism Action s.355 Committee be endorsed.

Carried

8.1.3 Cootamundra Showground Users Group s.355 Committee Meeting Minutes

Resolution 456/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Dennis Palmer

The Minutes of the Cootamundra Showground Users Group s.355 Committee Ordinary Meetings held on 18^th September, 23^rd October and 20^th November 2019, attached to the report, be received and noted.

Carried

8.1.4 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution 457/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 14^th October, 2019, attached to the report, be received and noted.

Carried

8.1.5 Cootamundra Heritage Centre Management s.355 Committee Minutes and Membership

Resolution 458/2019

Moved: Cr Craig Stewart

Seconded: Cr Charlie Sheahan

1. The Minutes of the Cootamundra Heritage Centre Management s.355 Committee ordinary meeting held on 4^th November, 2019, attached to the report, be received and noted.

2. The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Annual General Meeting held on 4^th November, 2019, attached to the report, be received and noted.

3. The Cootamundra Heritage Centre December, 2019 Newsletter, attached to the report, be received and noted.

4. The office bearers of the Cootamundra Heritage Centre Management s.355 Committee as detailed in the report, be endorsed.

Carried

8.1.6 Muttama Hall Management s.355 Committee Meeting Minutes and Membership

Resolution 459/2019

Moved: Cr Leigh Bowden

Seconded: Cr David Graham

1. The Minutes of the Muttama Hall Management s.355 Committee Annual General Meeting held on 20^th November, 2019, attached to the report, be received and noted.

2. The office bearers and membership of the Muttama Hall Management s.355 Committee as detailed in the report, be endorsed.

Carried

8.1.7 Cootamundra-Gundagai Regional Council Christmas and New Year Closure

Note: The following amendment was noted at the meeting:

in the report the opening date for the Gundagai Visitors Information Centre was incorrectly noted as 27^th January, 2020. The correct date is 27^th December, 2019.

Resolution 460/2019

Moved: Cr Doug Phillips

Seconded: Cr Craig Stewart

The report on the Christmas and New Year closures for Council’s facilities be received and noted.

Carried

8.1.8 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes

Resolution 461/2019

Moved: Cr Charlie Sheahan

Seconded: Cr David Graham

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 28^th November, 2019, and the Christmas Market Report, attached to the report, be received and noted.

Carried

8.1.9 Correspondence from the Office Local Government Proposal Pursuant to Section 215 of the Local Government Act, 1993

Resolution 462/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

The proposal for the Local Government Boundaries Commission to re-create the former Cootamundra and Gundagai Shire Councils to the boundaries applicable as at 11^th May, 2016 be received and noted.

Carried

8.1.10 Southern Regional Planning Panel - Community Representative Proposal – Late Report

Resolution 463/2019

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

The proposal for Mr Gordon Lindley to assume the position of sitting Member for Cootamundra-Gundagai Regional Council on the Southern Regional Planning Panel be endorsed.

Carried

8.1.11 Internal Finance Committee Interim Update Report – Late report

Resolution 464/2019

Moved: Cr David Graham

Seconded: Cr Doug Phillips

The Internal Finance Committee Interim Update Report be distributed at a later date, and be subject to a Councillor Workshop in January, 2020.

Carried

8.2 Finance

8.2.1 Monthly Finance Report for November 2019

Resolution 465/2019

Moved: Cr Doug Phillips

Seconded: Cr Dennis Palmer

The Monthly Finance Report for November, 2019 be received and noted.

Carried

8.2.2 Investment Report - November 2019

Resolution 466/2019

Moved: Cr Craig Stewart

Seconded: Cr Doug Phillips

The Investment Report as at 30^th November, 2019 be received and noted.

Carried

8.3 Community and Culture

Nil

8.4 Development, Building and Compliance

8.4.1 Development Applications Approved November, 2019

Resolution 467/2019

Moved: Cr David Graham

Seconded: Cr Craig Stewart

The information on Development Applications approved in November, 2019 be noted.

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

Carried

8.4.2 Development Application 2019/139 - 8 Chamen Street, Cootamundra - Use Of Unauthorised Carport

Resolution 468/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Craig Stewart

1. That Development Application 2019/139 for a detached metal carport ancillary to the existing dwelling at Lot 5 DP 10285, 8 Chamen Street, Cootamundra be approved subject to conditions to be issued by the Manager of Development, Building and Compliance.

2. The reasons for the approval of Development Application 2019/139 for a detached metal carport ancillary to the existing dwelling at Lot 5 DP10285, 8 Chamen Street, Cootamundra are as follows:

a. There have been no objections lodged by neighbouring residents.

b. It is considered that the carport will not have an adverse impact on the streetscape or dominate the streetscape appearance.

c. It is considered that the carport satisfies clause 1.2 (2)(a) of the Cootamundra Local Environmental Plan in that the location of the carport does not adversely impact on the locality by not maintaining local amenity.

d. It is considered that the carport complies with clause 2.1 of the Cootamundra Shire Council Development Control Plan, 2013 in that the scale component of the carport does not dominate the appearance of the dwelling and is compatible and sympathetic to the dwelling.

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

Carried

8.4.3 Development Application 2019/103 - Fish Rendering Trial- 572 Stockinbingal Road, Cootamundra

Resolution 469/2019

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

The development application for the rendering of fish at Lot 1 DP611755, 572 Stockinbingal Road (DA2019/103) be approved subject to the following conditions:

1. GEN Condition – Compliance with Council

The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.

Document Reference	Description	Author	Date
14/40	Statement of Environmental Effects and Planning Report (Revised)	Cowman Stoddart Pty Ltd	November 2019
	Fish Rendering: Odour Impact Assessment	GHD	November 2019
	Environmental Impact of Waste-Water Generated from Rendering Plant Processing Fish as Raw Material	ProAnd Associates	November 2019
MMC001	Manildra Group of Companies Safety Data Sheet – Mackerel Fish Meal	Manildra Group	15/08/2019
	Section – 3 Control Through HACCP Part 6 Rendering (Quality Assurance Manual)	Manildra Meat Company	12/11/2019

Reason: To confirm the details of the application as submitted by the applicant and as approved by Council

2. GEN Condition – Compliance with Legislation

Regardless of consent the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of the Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

3. GEN Condition – Time Limited Consent

The approval is for a three month period only to determine if the impacts of the proposal are able to ameliorated and managed. This consent shall cease to be operational three months after the date on which it is taken to have commenced.

Reason: This consent does not authorise the development on an ongoing basis.

4. GEN Condition – Render Fish Only

During the time that this consent is in operation, fish are to be the only feedstock for the rendering plant. The processing of other animal by-products and the operation of the abattoir is not to occur during the period of this consent.

Reason: To comply with odour limits and requirements of the NSW Environment Protection Authority

5. GEN Condition – Operation of Facility

This consent authorises the render of fish only, all other abattoirs operations are suspended while this consent is in operation. The operations of the abattoirs and the rendering of fish are NOT to occur concurrently.

Reason: The cumulative impact of the combined operations has not been assessed and the resultant impact on the environment cannot be predicted.

6. GEN Condition – Hours of Operation

During the time that this consent is in operation, plant operations are restricted to the hours of 12:00am Monday to Saturday 11:59pm. No operations to occur on Sundays and Public Holidays.

Reason: To protect the amenity of the neighbourhood.

7. GEN Condition – Recommended Upgrades

Prior to the commencement of this consent the applicant is to install, complete and commission, as recommended by the Statement of Environmental Effects and the GHD Odour Impact Assessment to improve operation and management of odour mitigation measures, the following:

a) Establish a process to recycle the Oil and Grease (O&G) polisher waste-stream, which contains the highest O&G contamination level, back into the rendering cooking vessel.

b) Design and install an in-duct spray humidification system that will condition the inlet process air prior to biofiltration,

c) Install an upgraded weather station to enable long term logging of (at a minimum) wind speed, wind direction, temperature and relative humidity in 30 minute (or finer) increments.

d) Replace the biofilter fan to ensure that fugitive emissions do not result from the rendering building during the receival process

Reason: To protect the amenity of the neighbourhood.

8. GEN Condition – Odour Report

The applicant shall submit an odour report for the biofilter operation following the biofilter fan upgrade and installation of the in-duct spray humidification system. The testing and sampling which form the basis of the report shall be conducted when process is at capacity.

Reason: To protect the receiving environmental and monitor the effectiveness of odour mitigation measures

9. GEN Condition – Temperature Control of Feedstock

Fish stock is to be maintained under temperature control until processing, and any actions taken to maintain temperature are to be recorded.

A record of temperature of raw material deliveries is required to be kept for each truckload that delivers to the site upon delivery and at unloading.

Reason: To protect the amenity of the neighbourhood.

10. GEN Condition – Waste Disposal

Prior to the commencement of this consent the applicant is to provide to Council a waste management pans that includes contingencies in the event that fish on site cannot be processed for whatever reason.

Reason: To ensure that waste control and disposal measures are adequate for the development.

Note: Council’s Cootamundra landfill facility does not have capacity to accept mass disposal of fish into the animal pit.

11. GEN Condition – Truck Washing

All trucks used for the transport of feedstock are to be washed out on site. The truck wash area onsite shall be bunded and washwater directed to the effluent system, away from the stormwater system.

Reason: To ensure that stormwater is not contaminated.

12. GEN Condition – Bunding of Processing Material

Processed material shall be stored in covered bunded areas sized to contain a spill of 150% of the material in the bunded areas.

Reason: To ensure that pollution does not occur in the event of a spill on site.

13. GEN Condition – Complaints Management System

Upon commencement of this consent the applicant shall implement a complaints management system, which shall be published on their website. Contact details for complaints will be provided on the website and on the gate to the premises.

Reason: To ensure that complaints are followed through, rectification measures implemented and the community informed of rectification actions.

14. GEN Condition – Records

A record shall be kept during the fish rendering consent period of any complaints received from the general public including:

a) the date and time of the complaint;

b) the method by which the complaint was made;

c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect;

d) the nature of the complaint;

e) the action taken in relation to the complaint, including any follow-up contact with the complainant; and

f) if no action was taken the reasons why no action was taken.

Records of will be made available to Council Officers and the NSW Environment Protection Authority on request

Reason: To ensure the amenity of the neighbourhood is protected

15. GEN Condition – Irrigation areas

The applicant is to map and record the regime of irrigating effluent to land to ensure that soil capability, capacity and stability is not impacted and to ensure that areas of terrestrial biodiversity are avoided.

Reason: To ensure the amenity of the receiving environment is maintained and the activity is managed in a sustainable manner.

16. GEN Condition – Monitoring

Regular oil and grease analysis is be conducted on wastewater samples taken at the EPA designated monitoring points and at the discharges from the anaerobic and aerated ponds, as part of the normal sampling program.

Reason: To ensure that the receiving environment is not subject to pollution

17. GEN Condition – Monitoring and Reporting

An Environmental Audit Report will be prepared and submitted to Council and the EPA at the completion of the fish rendering trial period which will:

a) Detail the results of temperature monitoring of raw material delivered to the site, and if there are occurrences where fish temperatures rise above 15oC actions taken by the company to remedy these occurrences.

b) Detail the results of monitoring of effluent quality as required by the sites EPL and including oil and grease analysis as recommended by ProAnd.

c) Detail compliance with any development consent conditions issued by Council.

d) Detail compliance with the requirements of the EPL during the fish rendering trail period.

e) Detail any complaints received in relation to the site operations and actions taken to remedy complaints.

Reason: To ensure the environmental impacts of the activity are monitored and mitigated

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Craig Stewart	Cr Leigh Bowden Cr Charlie Sheahan
ABSENT	DECLARED INTEREST
Nil	Nil

Carried

8.5 Regulatory Services

Nil

8.6 Assets

Nil

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - December 2019

Resolution 470/2019

Moved: Cr Craig Stewart

Seconded: Cr Dennis Palmer

The Civil works and Technical Services Report for the month of December, 2019 be received.

Carried

8.7.2 Fixing Local Roads Funding Program.

Resolution 471/2019

Moved: Cr Gil Kelly

Seconded: Cr David Graham

1. Council endorse the application under Fixing Local Roads for the roads listed in the table included in the report.

2. Council commit to a 25% contribution to all projects submitted under the program.

Carried

8.7.3 Plant Replacement - Hino Heavy Rigid Tipper Truck Plant No. 3407

Resolution 472/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Consideration of the report for the procurement of a Hino Heavy Rigid Tipper Truck be deferred to the Ordinary Meeting to be held Tuesday, 28^th January, 2020

Carried

8.7.4 Plant Replacement - Hino Prime Mover Plant No 3606

Resolution 473/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Consideration of the report for the procurement of a Hino Prime Mover be deferred to the Ordinary Meeting to be held Tuesday, 28^th January, 2020

Carried

8.8 Technical Services

8.8.1 National Local Roads & Transport Congress 2019

Resolution 474/2019

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

That the report on the annual ALGA National Local Roads & Transport Congress, 2019, submitted by Cr Sheahan and Matt Stubbs (Manager Technical Services) be received and noted.

Carried

8.8.2 Replacement of 20 tonne Excavator

Resolution 475/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Consideration of the report on the procurement of a Hitachi Excavator be deferred to the Ordinary Meeting to be held Tuesday, 28^th January, 2020

Carried

8.8.3 Purchase of new Water cart

Resolution 476/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Consideration of the report on the procurement of a Hino Water Cart be deferred to the Ordinary Meeting to be held Tuesday, 28^th January, 2020.

Carried

8.9 Facilities

Nil

8.10 Waste, Parks and Recreation

8.10.1 Cootamundra Aquatic Centre Operations Plan

Resolution 477/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Craig Stewart

1. The report on the revised 2019/2020 Cootamundra Aquatic Centre Operation Plan be received and noted.

2. The 2019/2020 Cootamundra Aquatic Centre Operations Plan as presented be adopted.

Carried

8.10.2 Cootamundra Aquatic Centre Operating Hours Trial Review

Resolution 478/2019

Moved: Cr Gil Kelly

Seconded: Cr Charlie Sheahan

1. The report detailing the information collated from the Cootamundra Aquatic Centre Operating Hours Trial be received and noted.

2. The Cootamundra Aquatic Centre operating hours be set in accordance with the 2019/2020 Cootamundra Aquatic Centre Operations Plan.

Carried

9 Motion of which Notice has been Given

9.1 Notice of Motion - Council Undertake Another Volunteer Induction For Drivers of the Council Community Hiace Mini Bus in February, 2020

Resolution 479/2019

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

That a group volunteer induction day be advertised in January, 2020 so members of local community groups be eligible to drive the Community Hiace Mini bus so as to optimise its use.

Carried

9.2 Notice of Motion - Undertake research into the credibility of climate change, particularly as it impacts on the Riverina and the LGA and, if warranted, develop a Climate Change Policy, which may include strategies that examine efficient buildings, reduce waste regeneration, incorporate climate resilience in development applications and planning policies and a Climate Change Risk Assessment

Resolution 480/2019

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

That Cootamundra-Gundagai Regional Council:

1. Undertake research into the credibility of climate change, particularly as it impacts on the Riverina and our LGA and, if warranted,

2. Develop a Climate Change Policy, which may include strategies that examine efficient buildings, reduce waste regeneration, and incorporate climate resilience in development applications and planning policies and a Climate Change Risk Assessment.

Carried

9.3 Notice of Motion - That Cootamundra-Gundagai Regional Council formally acknowledges the invaluable work done by all our S355 Committees and forwards a letter to each committee thanking them for their contribution to the work of Council.

Resolution 481/2019

Moved: Cr Leigh Bowden

Seconded: Cr Gil Kelly

That Cootamundra-Gundagai Regional Council formally acknowledges the invaluable work done by all our s355 committees and forwards a letter to each committee thanking them for their contribution to the work of Council.

Carried

9.4 Notice of Motion - The Cost of an IrrigationSystem for the Off Leash Dog Park in Hurley Street be Included in the 2020/21 Budget.

Resolution 482/2019

Moved: Cr Gil Kelly

Seconded: Cr Dennis Palmer

That an amount of up to $30,000 be considered within the 2020/21 Budget for an irrigation system to be installed at the Off Leash Dog Park in Hurley Street, Cootamundra.

Carried

10 Questions with Notice

10.1 Questions With Notice

Resolution 483/2019

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

The Questions with Notice from Councillors and related responses from Council officers be noted.

Carried

11 Confidential Items

11.1 Confidential Items

11.1 Proposed Acquisition Land Affecting Lots 35, 71 and 88 DP751415 and Lot 2 DP1100263 Reno Road, Gundagai

Resolution 484/2019

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

1. Items 11.2, 11.3 and 11.4 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 and 11.4 be withheld from the press and public.

11.2 Proposed Compulsory Acquisition Land Affecting Lots 35, 71 and 88 DP751415 and Lot 2 DP1100263 Reno Road, Gundagai

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.

11.3 Mayoral Minute - General Managers Review

Provisions for Confidentiality

Section 10A (2) (a) – The Confidential Report contains information regarding personnel matters concerning particular individuals other than Councillors.

Public Interest

Not applicable.

11.4 Proposed Acquisition by Cootamundra-Gundagai Regional Council for Bangus Quarry Remediation Project - Late Report

Provisions for Confidentiality

Section 10A (2) (d(ii)) – The Confidential Report contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.

Public Interest

It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as publication of all tendered amounts would discourage potential tenderers from submitting commercial information in the future and therefore prejudice Council's ability to secure the optimum outcome for the community.

Carried

Note: The following amendment was made at the meeting:

It was noted at the meeting that the word ‘Compulsory’ should have been in the title of the report and has been amended, as shown, in the resolution below. Further, it has been amended in the Confidential Items Heading on page twenty one (21) of these Minutes.

Resolution 485/2019

Moved: Cr Doug Phillips

Seconded: Cr Charlie Sheahan

11.2 Proposed Compulsory Acquisition Land Affecting Lots 35, 71 and 88 DP751415 and Lot 2 DP1100263 Reno Road, Gundagai

Recommendation

1. Council make application to acquire land affecting lots 35, 71 & 88 DP 751451 and lot 2 DP1100263 under the Land Acquisition (Just Terms Compensation) Act, 1991.

2. The General Manager be authorised to sign any relevant documentation in relation to the proposed acquisition referred to in 1 above.

3. Authority be granted to affix the common seal of Council to the necessary documents.

Carried

11.3 Mayoral Minute - General Managers Review

Note: Having disclosed an interest in this item Phillip McMurray (General Manager) left the meeting.

Resolution 486/2019

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

1. Confirmation be obtained that the contract for Local Government NSW Management Solutions to recruit the position of General Manager included the requirement to provide a performance appraisal for the three (3) month performance review of the General Manager.

2. That Blackadder be requested to provide a proposal to facilitate the three (3) month performance review of the General Manager and report back to the Ordinary Meeting to be held 28^th January, 2020.

3. That a report be prepared on the outcomes of 1 and 2 above and be submitted to the January, 2020 Ordinary Meeting.

Carried

11.4 Proposed Acquisition by Cootamundra-Gundagai Regional Council for Bangus Quarry Remediation Project - Late Report

Note: The following amendment was made at the meeting:

It was noted at the meeting that the proposed acquisition of Crown Land Lot 7003 and Lot 7004 DP1028797 was incorrectly referred to as a ‘compulsory acquisition’, however, it is not being compulsory acquired. As such the word ‘compulsory’ has been removed from the item title above and from the Confidential Items Heading on page twenty one (21) of these Minutes.

Resolution 487/2019

Moved: Cr David Graham

Seconded: Cr Craig Stewart

1. Council approve the acquisition of Crown land Lot 7300 DP1149008 and Lot 7004 DP1028797 for the Bangus Quarry Remediation Project.

2. The General Manager be authorised to sign any relevant documentation in relation to the proposed acquisition referred to in 1 above.

3. Authority be granted to affix the common seal of Council to the necessary documents.

4. Upon acquisition by Council the land be classified as operational.

Carried

11.5 Resumption of Open Council Meeting

Resolution 488/2019

Moved: Cr Craig Stewart

Seconded: Cr Charlie Sheahan

The Open Council meeting resume.

Carried

11.6 Announcement of Closed Council Resolutions

Note: The Chairperson announced the resolutions made in Closed Council.

The Meeting closed at 8:45 pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 28 January 2020.

................................................... ...................................................

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

28 January 2020

Procurement Policy

1. PURPOSE

The purpose of this Policy is to:

· Provide guidelines for Cootamundra-Gundagai Regional Council to facilitate consistency and control over its procurement activities;

· Demonstrate transparency and accountability to the community as well as existing, prospective and potential suppliers;

· Provide guidance to procurement decision-makers on the standards of ethical behaviour expected of them;

· Focus on the application of best practice in procurement; and

· Increase the likelihood of achieving the optimal outcome for the community when purchasing goods, materials and services by obtaining the best Value for Money.

2. SCOPE

This Policy applies to all Cootamundra-Gundagai Regional Council officers involved in procurement activities as well as consultants, contractors and others engaged by Council.

3. RELATED COOTAMUNDRA-GUNDAGAI REGIONAL COUNCIL POLICIES AND PROCEDURES

· Assets and Materials Disposal Policy

· Code of Conduct

· Delegations Register

· Fraud and Corruption Prevention Policy

· Fraud and Corruption Control Strategy (to be developed)

· Procurement Procedures and Guidelines for Officers

· Risk Management Policy (to be developed)

· Risk Management Plan (to be developed)

· Statement of Business Ethics

4. APPLICABLE LAW, POLICIES, GUIDELINES AND REFERENCE DOCUMENTS

This policy has been drafted with due consideration of the provisions of the:

· The Local Government Act 1993 (NSW);

· The Local Government (General) Regulation 2005;

· Tendering Guidelines for NSW Local Government 2009;

· DLG Circular 12-02 Procurement from Disability Employment Organisations;

· DLG Circular 11-37 Council Procurement and Contract Management Practices;

· NSW Procurement Policy Framework for NSW Government Agencies 2015;

· Buyers Guide to Contracts, Standing Offer Agreements and Pre-Qualification Council Schemes;

· Corruption Risks in NSW Public Sector Procurement – Consultation Paper (ICAC) 2010;

· Report on corrupt manipulation of contract procurement procedures (ICAC) 2007;

· Commonwealth Procurement Rules 2014;

· Guide to National Competition Policy;

· Work Health and Safety Act 2011 (NSW);

· Waste Avoidance and Resource Recovery Act 2001 (NSW);

· State Records Act 1988 (NSW)

5. POLICY STATEMENT

Cootamundra-Gundagai Regional Council seeks to procure the best quality goods, materials and

services at the best possible price (Value for Money) through a fair, transparent and ethical procurement system comprising consistent and documented processes.

6. AMENDMENT

This Policy will be subject to amendment in accordance with a change to legislative requirements and referred to Cootamundra-Gundagai Regional Council for endorsement at the earliest practicable time. The Policy may also be submitted for Council reconsideration in keeping with best practice requirements.

7. WHAT IS PROCUREMENT?

The whole process of purchasing goods and/or materials and/or services and typically consists of the following steps:

i. Define the need and specification.

ii. Determine the procurement method.

iii. Identify reputable suppliers or approved contractors relevant to the purchase.

iv. Invite quotations or use direct purchasing (pursuant to the prescribed category).

v. Evaluate responses and make a recommendation.

vi. Obtain approval for the decision or act under delegated authority.

vii. Monitor the performance of the supplier or provider.

viii. Check that what was delivered is what was ordered and is fit for purpose.

8. PROCUREMENT PRINCIPLES:

All procurement by Cootamundra-Gundagai Regional Council is undertaken in accordance with the following principles:

Value for Money

Goods or services being procured should represent the best return and performance for the money spent from a “total costs of ownership” or “whole-of-life costs” perspective. This means that the cheapest good, material or service does not necessarily provide the best Value for Money.

Open and Effective Competition

The purpose of this principle is to:

1. Instil confidence in the public about the cost-effectiveness of Local Government Procurements.

2. Maximise the prospect of obtaining the most cost-effective outcome from invitations to suppliers.

3. Ensure suppliers are given a reasonable opportunity to do business with local government.

Probity and Ethical Behaviour

All Cootamundra-Gundagai Regional Council officers involved in procurement activities must comply with the highest standards of probity and ethical behaviour. Specifically, officers will:

· Conduct all procurement activity fairly, impartially, consistently and professionally with all suppliers;

· Declare any real or perceived conflict of interests to their manager immediately after becoming aware of the conflict;

· Maintain the confidentiality of all aspects of offers and information received in response to an Expression of Interest, Request for Quotation or a Request for Tender;

· Maintain adequate and appropriate documentation throughout the procurement activity;

· Ensure their knowledge and understanding of the market is as thorough and up-to-date as practicable prior to commencing a procurement activity.

Sound Financial Management

Cootamundra-Gundagai Regional Council officers apply the principles of good financial management at all times throughout every procurement activity they are involved in.

9. OTHER CONSIDERATIONS

The following are also considered and applied in all procurement by Cootamundra-Gundagai Regional Council:

· Goods, materials and services procured must meet all relevant Australian Standards and be fit for the purposes described in the specification.

· Where appropriate and where possible, positive consideration is given to suppliers who demonstrate goods, materials and services are environmentally sustainable.

· Business will not be conducted with suppliers that are dishonest, unethical or unsafe. Where Council becomes aware of a supplier engaging in any such behaviour, Council will discontinue conducting business with the supplier.

· Contracts will not be entered into with suppliers where Council becomes aware that such suppliers have had a judicial decision made against them (not including decisions under appeal) relating to employee entitlements that have not been paid.

· Where appropriate and to the extent permissible by law, preference is given to Australian owned suppliers and/or suppliers who manufacture in Australia.

· Where all other factors are equal, Council endeavours to give preference to local suppliers of goods, materials and services.

10. FINANCIAL DELEGATIONS FOR PROCUREMENT

Financial delegations define the financial limitations within which specified staff may approve a purchase, quotation and contractual processes. All procurement must be undertaken within these delegations.

11. PROCUREMENT METHOD APPLICABLE TO PROCUREMENT VALUE

The procurement method to be used in accordance with the value of the purchase. Details are specified in the ‘’Procurement Procedures and Guidelines for Officers’ document.

12. TENDERS AND CONTRACTS

For purchases of $250,000.00 or more, Section 55 of the Local Government Act 1993 and Clause 163 of the Local Government (General) Regulation 2005 specify that such procurement be undertaken by way of tender. The Act and Regulation also facilitate the procurement of goods, materials and services of a value up to and exceeding $250,000.00 by way of third party contracts.

Schedule of Rates and Pre-Qualification of Contractors

Expressions of Interest (EOI) will be publicly advertised calling for fixed rates from contractors for work, plant hire and projects (under the threshold as prescribed by the Local Government (General) Regulation) 2005.

Contractors are to be pre-qualified and appear in council’s Approved Contractors Register prior to being engaged for work on a Council worksite. For qualification contractors will supply council copies of all relevant insurances, required licences and other documents as deemed necessary.

Procurement of Goods, Materials and Services though Third Party (Panel) Contracts

Certain alternatives are available through the Local Government Act and Regulation for the procurement of goods, materials and services through third party (Panel) contracts. Such contracts are established following a competitive process undertaken by third parties, thereby ensuring competitive pricing. They also offer Council the potential to save significant costs and time associated with analysing the supply market, developing Specification and Request for Tender documentation, evaluating offers and negotiating contract terms and conditions. Such contracts may be accessed from ‘Prescibed Organisations’ and entered into collaboratively with ROC’s via a Tender Process.

Prescribed Organisations

Section 55(3) of the Local Government Act 1993 permits the procurement of goods, materials and services through contracts that are established and managed by third parties referred to as `Prescribed Organisations’. These contracts can be for any value, including those exceeding $250,000 that would otherwise be subject to a tender process. Clause 163 of the Local Government (General) Regulation 2005 specifies two `Prescribed Organisations’ as follows:

· Local Government Procurement Partnership

· Procurement Australia

Section 55(3)(g) of the Local Government Act 1993 also specifies the NSW Procurement Board (ProcurePoint) as a body that establishes and manages contracts through which Council can procure goods, materials and services. It should be noted however that this does not extend to the Board’s ‘pre-qualification’ schemes. Utilisation of such schemes require Council to comply with usual procurement procedures including tendering, as applicable.

REROC

REROC is an association of several councils located in the eastern part of the Riverina area of New South Wales. REROC identifies and facilitates group purchasing activities on behalf of its member councils and is another third party through which Council can partner (via a Tender Process) to achieve contractual arrangements to procure goods, materials and services.

13. PROCUREMENT PROCEDURES AND GUIDELINES

Procurement Procedures and Guidelines for Officers have been developed to support this policy. The procedures guidelines and manual should be considered in unison with this policy.

14. RECORD KEEPING

Cootamundra-Gundagai Regional Council keeps records of procurement activities in accordance with the State Records Act 1998. The level of detail recorded for each procurement activity is dependent on the complexity and the dollar value of the procurement activity.

15. SANCTION AND BREACHES OF POLICY

Cootamundra-Gundagai Regional Council officers who breach the Policy will be subject to the disciplinary procedures provided under the Local Government (State) Award. Disciplinary action may include termination of employment for serious breaches of this Policy.

16. RESPONSIBLE DIVISION

Business Section

17. TRAINING AND DEVELOPMENT

Appropriate training will be provided to all staff involved in Cootamundra-Gundagai Regional Council procurement activities to ensure awareness of the requirements and their responsibilities under this Policy.

18. POLICY TERM

This Policy is effective from January 2020. Cootamundra-Gundagai Regional Council intends to review the Policy at 12 monthly intervals, however reserves the right to review this Policy at an earlier date.

Ordinary Council Meeting Agenda

28 January 2020

8.1.8 The Response to the New Risk Management and Internal Audit Framework for Local Councils in New South Wales

DOCUMENT NUMBER

321116

REPORTING OFFICER

Susan Gheller, Manager Business

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To comply with the Office of Local Government’s guidelines on an Audit Committee

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1. Riverina Joint Organisation Response to the Discussion Paper (under separate cover) ⇨

2. A New Risk Management and Internal Audit Framework for Local Councils in New South Wales (under separate cover) ⇨

Recommendation

The Response to the New Risk Management and Internal Audit Framework for Local Councils in New South Wales, and attached reports, be received and noted.

Introduction

Formal risk management and internal audit are fundamental elements of the New South Wales (NSW) Government’s plan to ensure councils adhere to their strategic objectives in the most efficient, effective and economical manner. In 2016, amendments were made to the Local Government Act, 1993 requiring every council in NSW to have an Audit Risk and Improvement Committee (ARIC), a Risk Management Framework and an Internal Audit Function to ensure an enterprise risk management approach to governance and internal controls. These requirements are proposed to take effect from March, 2021 with full compliance to be in place by 2026.

Discussion

CGRC ARIC Committee and Model

Prior to September 2019, details regarding the requirements of the ARIC and Framework were unavailable. In order to prepare for the new legislation and to reduce costs by sharing resources, several Riverina councils formed an Internal Audit Alliance which was joined by Cootamundra in late 2018. The Alliance is comprised of Coolamon (Administrative lead), Bland, Junee, Lockhart, Temora and Cootamundra Gundagai Regional Councils and has employed an Internal Auditor whose services are shared across the member councils.

The Alliance ensures that in each two year period, a Risk Management Analysis of each council is undertaken and the combined results determine the Internal Audit Plan for the next two years. Each Alliance council has developed an ARIC and have the option of utilising the services of a General Manager (GM) and Director/Manager Corporate Services from one of the member councils to serve on the Committee.

The Cootamundra Gundagai Regional Council (CGRC) ARIC is comprised of the following personnel:

Chair Tony Donoghue, GM Coolamon Shire Council

Members: Courtney Armstrong, Executive Manager Corporate and Community Services Coolamon Shire Council

Councillor David Graham

Councillor Doug Phillips

Auditor Ian Roberts

Staff in regular attendance include: Phil McMurray (General Manager), Susan Gheller (Manager Business) and Tim Swan (Manager Finance and Customer Service)

The CGRC ARIC meets every 4 months and the cost for the 2019 calendar year was approximately $30,000. This amount is higher than the projected annual cost of $15,000 due to extra “catch up” visits by the Internal Auditor to bring CGRC in line with other Alliance members.

To date, the Independent Auditor has reviewed the following topics and provided reports with recommendations for improvement:

CGRC AUDIT RISK AND IMPROVEMENT COMMITTEE PROGRAM 2019

Audit Topic	Adopted Recommendations	Completed/In Progress
Legislative Compliance	Three	Two in progress
Policy Management	Five	Two complete, three in progress
Fraud Control	Seventeen	Seven complete, four in progress
Delegations	Two	One complete, one in progress
Payroll/HR	Five	Three in progress
Purchasing/Procurement	Four	One complete, two in progress
Contract Management	Three	Two in progress
S355 Committees	At information gathering stage

Recommendations arising from the ARIC Committee reviews have resulted in a number of improvements to CGRC governance and internal controls including:

· Development and adoption of 6 new policies and plans,

· Formal training in Code of Conduct and procurement,

· Commencement of an enterprise risk analysis plan,

· Implementation of procurement and contract management software

· Development and regular review of system generated audit reports.

Benefits of the current Alliance model include:

· Suitability for smaller rural councils as costs are kept to a minimum and shared across the Alliance.

· The identification and approach to the development of a risk management framework is structured to accommodate and address issues faced by small Councils.

· While each council within the Alliance is independently evaluated, the opportunity to actively network and share information with councils of a similar size and risk profile is valuable.

Proposed Risk Management and Internal Audit Framework

On the 19^th of September 2019, a discussion paper was issued by the NSW Government providing details of the regulatory requirements for the legislated Risk Management and Internal Audit Framework.

Every NSW Joint Organisation, council and country council will be required to comply with the following 9 core requirements:

1. Appoint an ARIC.

· ARIC must be comprised of at least 3 members, one of which is the Chairperson.

· Appointments to the ARIC are made by the governing body of the council.

· All members must be drawn from the States pre- qualified panel for Chairs and Members and are not required to live in the LGA. There are numerous conditions for exclusion from panel membership, some of which are listed below:

o Councillors,

o anyone having a close personal or business relationship with a Councillor or a person who has a senior role in council,

o Employees (current or in the last 3 years) of any council in Australia,

o Provider of material goods or services (including substantial shareholder or owner or employee) currently or in the last 3 years to council in an area which directly affects ARICs work.

· The ARIC has the power to request to meet with Councillors or Officers of Council and individuals must comply with the request.

· The ARIC has direct and unrestricted access to the GM, senior management and staff and contractors of council.

· The ARIC has direct and unrestricted access to council resources and information that it needs to perform its role

2. Establish a Risk Management Framework

The GM is to appoint a Risk Management Coordinator who will be responsible for the day to day activities required to implement the council’s risk management framework and provide specialist risk management skills and knowledge.

3. Establish an Internal Audit function and an Internal Audit Charter

4. Appoint Internal Audit personnel

· GM is to appoint a Chief Audit Executive (CAE) to oversee Council’s internal audit activities in consultation with the ARIC.

o The CAE must be a Council employee and cannot be outsourced but it is possible for this role to participate in a shared arrangement with another council or through a joint or regional organisation of councils.

o Small councils may have the option to combine the CAE role with the stand along Risk Management Coordinator.

· CAE reports functionally to the ARIC and administratively to GM.

· GM is to ensure that, if required, the council has adequate audit personnel to support the CAE.

5. Develop an Internal Audit Work Program

A four year strategic plan is required in consultation with senior staff and approved by the ARIC.

6. Ensure Internal Audits are performed in accordance with required standards

The CAE is to ensure that Council’s internal audits are performed in accordance with the International Standards for the Professional Practice of Internal Auditing.

7. Undertake on-going monitoring and reporting

ARIC must meet a minimum of 4 times a year, however, can meet more often with permission from Council.

8. Establish a Quality Assurance and Improvement Program

The CAE will establish a quality assurance and improvement program which is monitored regularly and review annually.

9. Council can establish Shared Internal Audit arrangements

A council can share all or part of its Internal Audit Function with another council(s) by either establishing an independent shared arrangement with another council(s) of its choosing, or utilising an internal audit function established by a joint or regional organisation of councils that is shared by member councils.

Riverina Joint Organisation Response to Proposed Framework

Councils and Joint Organisations across New South Wales were invited to provide feedback and respond to a list of questions regarding the proposed framework and requirements by the 31^st December, 2019. The Riverina Joint Organisation has coordinated a response on behalf of its members with CGRC providing a submission that was incorporated into the formal response (Attached). The response addresses the major concerns expressed by member councils and provides alternative models for the New Risk Management and Internal Audit Framework.

Key challenges identified by CGRC and the Riverina Joint Organisation include:

1. The cost of delivery of the Framework will be particularly difficult for small councils. Direct costs include set fees for ARIC member as well as the requirement for additional staff such as the Chief Audit Executive, Risk Management Coordinator and in some situations additional administrative support. Even with small councils taking advantage of the opportunity to share resources, the annual cost is estimated to be $171,969 for each small council. For small councils that do not share resources the annual cost estimate is over $400,000.

2. Riverina Joint Organisation members are concerned that the Framework fails to recognise the role that councillors play in monitoring the operation of a council. It is unclear how the significant powers of the ARIC will complement the role of councillors. The community has elected Councillors and have expectations regarding Councillor oversight of council operations and budgets and they are held accountable at election time. It is unclear whether elected members will have a meaningful role in the audit processes.

3. ARIC membership qualifications are considered to be too restrictive and individuals with rural local government experience are likely to be excluded from the Panel. Rural councils face unique challenges which, if excluded from the Risk Management Framework may result in less effective outcomes.

4. There are concerns that the ARIC has too much power to direct council staff and resources. A lack of provisions for the resolution of issues between the ARIC and council has the potential to create unnecessary conflict and confusion.

In summary, the strengthening of the internal audit function to improve enterprise risk management has merit and local government will benefit from a structured, independent review of governance and risk control. However, the “one size fits all model’’ that has been proposed is extremely costly for rural councils. In addition there are strong concerns that requirements of the ARIC will not only direct effort and scarce resources away from service delivery and meaningful improvement but may be less effective if ARIC members lack an understanding of the challenges facing rural councils.

Ordinary Council Meeting Agenda

28 January 2020

8.1.13 s.355 Committee Update

DOCUMENT NUMBER

320627

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1. Councillor representation be confirmed and appointed to s.355 Committee, as detailed in the report.

2. Council staff representation be confirmed and appointed to all s.355 Committees, as detailed in the report.

3. Council dissolve the Cootamundra Concert Band s.355 Committee, for reasons detailed in the report.

Introduction

The following report has been prepared to confirm, and appoint, necessary Councillor and management staff representation, onto s.355 Committees, and to dissolve the Cootamundra Concert Band s.355 Committee.

Discussion

Appointment of Councillor and Management Staff Representation

Name	Members	Councillor Representation	Staff Representation
Cootamundra Showground Users Group	Chairperson: Andrew Brock Secretary/ Treasurer: Susan Gheller APH&I: David Manwaring Alt Darren Absolon Cootamundra & District Machinery Restoration Society: Roderick Jones Alt none Cootamundra Antique Motor Club: John Collins Alt Joan Collins Cootamundra Kennel Club: Brian Childs Alt Lesley Childs Cootamundra Harness Racing Club: Rebecca Medhurst Alt Crystal Bell Riding for the Disabled: Trish Taylor Alt Doreen O’Connor Cootamundra Pony Club: Paul Clancy Alt Alice Crawford	Councillor Kelly	Manager Facilities
Cootamundra Heritage Centre Management Committee	Chairperson: Geoff Larsen Vice Chairperson: Craig Stewart Secretary/Treasurer: Betti Punnett Other Members: Yvonne Forsyth, Betty Brown, Hugh Hamilton, Margaret Parkinson, Michele Pigram and Arthur Ward	Councillor Stewart	Manager Facilities
Stockinbingal Ellwood's Hall	Chairperson: V, Vice Chairperson: Carmel Payne Secretary: Lorna Nixon, Treasurer: Allan Pether Booking Officer: Steven Neave Other Members: Russell Vincent and Kim Lee	Councillor Bowden	Manager Facilities
Wallendbeen Memorial Hall	Chairperson: Al Baldry, Vice Chairperson: Tom Allen, Phil McGeoch Sec/Treasurer: Marcia Thorburn, Other Members: Greg Hines, Toby Bassingthwaite, Ken Thorburn, James Baldry, Michael Baldry, Michael Wilkinson, Ken Clark and Natalie Wilkinson	None currently. Committee doesn’t meet very often. Only as required.	Manager Facilities
Muttama Memorial Hall Management Committee	Chairperson: Hilary Connors Vice Chairperson: Sarah Last Secretary: Anne Last Treasurer: Leigh Scott Other Members: Bill Buckley, Robert Flint and Bart Groen	Councillor Sheahan	Manager Facilities
Tourism Action Committee (Gundagai)	Chairperson: John Morgan Secretary: Renee Lindley Treasurer: Miriam Crane Other Members: Peter Batey, Jim Morton, Abb McAlister and Penny Nicholson	Councillor Nicholson	Manager Community and Culture
Cootamundra Tourism Action Group	Chairperson: Leigh Bowden (Acting) Secretary: Nina Piotrowicz Vice Secretary: Other Members: Annie Jacobs, Leah Sutherland, Julianne Collingridge, Yvonne Forsyth, Sarah Last, Brian Nolan, Gwen Norman and Rosemary Fowler-Sullivan.	Councillor Bowden	Manager Community and Culture
Muttama Creek Regeneration Group	Chairperson: Graeme Johnson Sec/Treasurer: Di Pearton Other Members: Win Main, Betti Punnett, Norma Clarke, Linley Chaplin, Amelia Steinbeck, Greg Ewings and Steve Mills	Councillor Sheahan	Manager Waste, Parks and Recreation Services
The Arts Centre Cootamundra	Chairperson: Isabel Scott Secretary: Rosemary Fowler-Sullivan Treasurer: Maree Twomey Other Members: Lindsey Baber, Annabel Marley and Rae Webber	Councillor Bowden	Manager Community and Culture
Cootamundra Beach Volleyball Festival	Chairperson: Janine Ricketts Secretary: Julisia Cross Treasurer: Denise Mahon Other Members: Doug Phillips, Gemma Sutherland, Simon Sutherland and Gerald Trinder	None currently. Committee doesn’t meet regularly.	None currently

It should be noted that Councillors appointed to s355 Committees ex officio are full Members of the Committee and able to exercise all roles and responsibilities and, where nominated and elected by the Committee, hold executive positions.

Cootamundra Concert Band

In December 2017, Council endorsed the s.355 Committees Management Manual. This manual outlines the responsibilities and duties of Council, Committees and Committee Members.

Under sections 355 and 377 of the Local Government Act, 1993, Council is able to delegate some of its functions to a Committee of Council. Council uses this delegation and appoints community people to manage Council facilities or functions through a section 355 Committee.

The Cootamundra Concert Band does not manage a Council facility or function, nor do they hold regular or AGM meetings. The band equipment and instruments are not owned by Council and the band does not practice in a Council building or facility.

Correspondence between Council staff and a committee representative has determined that Council does not hold any responsibility for the band or its equipment and therefore would not have an obligation in relation to providing any kind of insurance for the band or its equipment.

To comply with the requirements set out in the s.355 Management Manual, it has been determined that there is no practical reason that the Cootamundra Concert Band should hold s.355 status.

It is recommended that the Cootamundra Concert Band s.355 Committee be dissolved and the band be officially notified.

Ordinary Council Meeting Agenda

28 January 2020

8.4 Development, Building and Compliance

8.4.1 Development Application 2019/156 - 25 Hovell St, Cootamundra - Fence

DOCUMENT NUMBER

320634

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

The legislation requires that applications be assessed and determined in accordance with statutory timeframes and are applicable to applicant appeal rights. It is not envisaged that there will be Legislative implications associated with this report.

POLICY IMPLICATIONS

This proposal involves a variation to the controls contained within Cootamundra Development Control Plan, accordingly there are Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

Development Application 2019/156 for a 1800mm high front and side boundary picket fence at25 Hovell Street, Cootamundra be approved subject to the following conditions:

GENERAL CONDITIONS

(1) GEN Condition - Compliance with Council

Document Reference	Description	Author	Date
NA	Site Plan- Aerial View	Applicant	27.11.2019
NA	Front Elevation Plan	Applicant	27.11.2019
NA	Side Elevation Plan	Applicant	27.11.2019

Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.

(2) GEN Condition - Utilities

Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.

Reason: To ensure that any public utilities are maintained and protected from damage.

(3) Gen Condition – Not certify compliance with BCA or NCC

The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.

Reason: This consent does not certify compliance with the BCA or NCC.

PRIOR TO COMMENCEMENT OF WORKS

(1) PCW Condition – Prior to Building Work Commencing.

The erection of a building in accordance with the development consent must not commence until:

1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

2. the person having the benefit of the development consent has:

a. appointed a principal certifying authority for the building work, and

b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and

3. the principal certifying authority has, no later than 2 days before building works commences:

a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and

b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and

4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has,

a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and

b. notified the principal certifying authority of any such appointment, and

c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work.

Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.

(2) PCW Condition – Signage.

Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: -

1. Statement that unauthorised entry to the site is not permitted

2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours

3. The name, address and telephone contact of the Principal Certifying Authority for the work

Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

(3) PCW Condition – Notice of Commencement.

Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

(4) PCW Condition – Underground Services.

The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.

Reason: To ensure the utility services are protected and satisfactory for the proposed development.

DURING CONSTRUCTION

(1) DUR Condition – Works to be undertaken in Accordance with the Approval.

All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.

Reason: ensure all works are carried out in accordance with the development consent.

(2) DUR Condition – Hours of Construction Site Works.

Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

The applicant is responsible to instruct and control subcontractors regarding hours of work.

Reason: So that the development does not reduce the amenity of the area.

(3) DUR Condition – Footpath Storage.

Building materials not to be stored on Council footway or nature strip at any time.

Reason: To ensure an adequate level of public safety is maintained.

(4) DUR Condition – Waste Removal.

All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.

Reason: To ensure that the amenity and unsightly condition is minimised.

(5) DUR Condition - BCA Compliance.

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

Reason: To ensure the building complies with the BCA.

(6) DUR Condition – Inspections.

The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.

Reason: To ensure that adequate time is given of required inspections.

(7) DUR Condition – Restricted Public Access.

It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.

Reason: To ensure public safety is maintained.

(8) DUR Non Standard Condition – Encroachment of Fence

The Applicant is to ensure that no part of the proposed fence encroaches over the front or side boundary of the property onto the Road Reserve.

Reason: To ensure that the proposed fence is wholly contained on the allotment.

POST CONSTRUCTION

(1) POC Condition – Completion of Building Works.

At the completion of the building works, an Occupation Certificate must be applied for and issued by the appointed Principal Certifying Authority.

Reason: So that the development is substantially completed to a safe standard.

ONGOING USE

(1) USE Condition – Clean and Tidy.

The premises are to be maintained in a clean and tidy condition at all times.

Reason: So that the development does not reduce the amenity of the area.

Introduction

This application proposes a new 1.8m front and side boundary timber picket fence to replace the existing 1m high metal front fence (Hovell Street) and 900m metal mesh side fence (Temora Street). The site is located within the identified heritage conservation area. In this area Council’s Development Control Plan (DCP) has an acceptable solution for fencing to be 1.2m in height; this proposal seeks to vary the provisions of the DCP by greater than 10% and is therefore referred to Council for determination.

Discussion

The site is a developed lot in an established residential area of Cootamundra. Approximately 1.2km north east of the Cootamundra Post Office. The proposed timber paling fence will extend for a distance of 24 metres along the front boundary and will return for a distance of 10 metres along the Temora Street side boundary to the existing metal fence. It will have a height of 1.8 metres above ground level with a recessed gated entry to the Hovell Street frontage. The existing one metre high metal fence to Hovell Street and existing 900mm high metal mesh fence to Temora Street will be demolished.

Figure 1 – Site location

The site is zoned R1 General Residential by Cootamundra Local Environmental Plan 2013. The site located within the Heritage Conservation, albeit on the north eastern most corner. The site is also identified as being affected by Groundwater Vulnerability. A detached pre coloured metal shed was approved to be erected on the site in April 2019.

The proposal is considered to be local development and was notified as per clause 1.7(b) of the Cootamundra DCP, 2013. One submission by way of objection was received as a result of the notification. The objection raised concerns that the view of vehicles existing properties in Temora may be obstructed from vehicles turning left into Temora Street by the fence due to its height.

Statutory Considerations, Environmental Planning and Assessment Act, 1979 Section 4.15

Section 4.15(1)(a)

There are no State Environmental Planning Policies whose provisions apply to either the area or the type of development proposed.

The proposal is defined as an ancillary structure to a residential dwelling; residential dwellings are permissible with consent in the R1 General Residential zone of Cootamundra Local Environmental Plan 2013.

Clause 6.4 of Cootamundra Local Environmental Plan 2013 is applicable as the site is identified on the Groundwater Vulnerability Map. The construction of a side and front fence is unlikely to significantly impact upon the groundwater or the ecosystem that dependent upon this water.

Clause 5.10 and Part 2 of Schedule 5 of Cootamundra Local Environmental Plan, 2013 are also applicable to this proposal as the site is located in the Cootamundra Heritage Conservation Area. Pursuant to clause 5.10(4), it is considered that the proposed development will not adversely impact the heritage significance of the Conservation Area. The proposed timber picket fence and its proposed colours (heritage cream coloured pickets, gumtree mist coloured steel posts) will blend in with the existing dwelling and is sympathetic with other similar type picket fences in the Heritage Conservation Area in the locality and will complement the existing dwelling. It is considered that a “heritage management document” pursuant to clause 5.10(5) of the LEP 2013 is not required as the proposed fence will not adversely impact on the heritage significance of the heritage conservation area.

Cootamundra Development Control Plan is applicable to this proposal, in particular Chapter 7 which deals with heritage. It is considered that the proposed timber picket fence is compatible with, and respectful of, recognised heritage values and the historic context of the area. Therefore, it is not warranted for a Heritage Conservation Management Plan nor a referral to the NSW Heritage Branch. The table on page 84 which relates to fences, in the performance criteria states:

“To provide fencing that reinstates the original form of fencing, that is consistent with and does not detract from the established patterns of the street”.

The corresponding “acceptable solution” as it relates to front fences states;

1.“Front fencing must be of materials characteristic to the architecture of the building and particular to the street”.

Staff Comment: It is considered that the proposed timber and metal paling fence blends in well with the architecture of the existing dwelling and other similar fences in the locality.

2. “Front fencing, where installed, must be one of the following types where it is consistent with the style of building being fenced: masonry fencing to 700mm maximum; open fencing such as pickets or palisade to 1,200 maximum, hedging to 1,200mm maximum”.

Staff Comment: The applicant has applied to vary this provision of the DCP 2013 so that the proposed fence has a height of 1800mm instead of 1200mm above ground level. It is considered that the applicant has provided sufficient justification to allow Council to approve an 1800mm high fence instead of the required 1200mm. They argue that a 1200mm type fence does not offer privacy from the Olympic Highway. Having small children a 1200mm fence does not offer confidence for the safety of children from passers-by. At present a lot of rubbish gets thrown over the fence. The existing fence is 1000mm and does not offer these protections, the applicants feel that an additional 200mm over the existing height will not offer the protection and privacy they are seeking. It is felt that a picket type fence, even at 1800mm, does not detract from the pedestrian scale of the footpath area as it is not a solid structure having gaps which break up the bulk whilst still affording the privacy and protection sought.

Section 4.15(1)(b)

This section of the Act requires an assessment of the likely impacts of the development on the natural and built environment as well as the social and economic impacts in the locality likely to occur as a result of the development. This section is supported by Schedule 1 of the Regulations that requires applicants to submit a statement of environmental effects which examines what the likely impacts of the development will be, how they have been identified and how they are proposed to be mitigated. Council relies on the information provided by applicants, as well as research, site visits and experience to assess the information provided by applicants to make an informed and balanced assessment of the validity and veracity of the information provided.

Likely Impact of Development:

The proposed development is appropriate in the Zone notwithstanding the receipt of the submission objecting to the proposal. It is unlikely to have no detrimental impacts on the locality or community.

Context and Setting:

Within the Heritage Conservation Area there are numerous heights and construction materials utilised for fencing. The proposed fence is considered not to have a negative or adverse impact on the context and setting of the locality as it will fit in well with the existing dwelling. The proposed colours are sympathetic to the overall character of the street generally and the conservation area overall.

Figure 2 – a mix of fencing heights and material types exist in the heritage conservation area

Access, Transport and Traffic:

Whilst the obstruction of sightlines for traffic has been raised in the objection, the wide street verge coupled with the traffic ‘blister’ immediately in front of the dwelling allow for ample sight distance into Temora Street. Furthermore, given the locality and its presentation as a residential street and speed limits within the town area of 50kph it is considered that there is adequate sightlines for turning drivers to make necessary adjustments to driving to avoid any vehicles which may be reversing from residences in this street. The fence itself does not generate additional traffic, transport or access requirements nor does it alter the existing situation in relation to these issues.

Figure 3 – wide road verge and ‘blister’ island allow good visibility for road users

Public Domain:

The proposal does not rely on the public domain for its use or construction. However the construction of a fence at the proposed height affords the residents of the property privacy from the public domain. It is not envisaged that there will any negative impacts as a result of this proposal.

Utilities:

Existing site utilities will not be adversely impacted as a result of the proposed fence. Similarly, no augmentation of utilities is required by this proposal.

Heritage:

The site is located in the Cootamundra Heritage Conservation Area as shown on the LEP 2013 Heritage Map Sheet 005A. The proposal is considered consistent with the heritage provisions under the Cootamundra LEP 2013 and Cootamundra DCP 2013.

Other Land Resources:

The site is not mapped as being bushfire prone, having a history of contaminating land activities, flooding or vulnerable lands. It is not envisaged that the proposal will impact on other resources in the vicinity of the proposal.

Water:

The proposal does not require water for construction or use. Similarly the proposal will not generate any wastewater. Whilst the site is within in an area mapped as subject to vulnerable groundwater, the proposal itself is unlikely to have an impact on, nor be impacted by, groundwater or the ecosystems that rely on the groundwater.

Soil:

Minimal soil disturbance will occur to facilitate the erection of the fence in the form of holes for supporting posts. It is unlikely that this will result in any significant soil degradation of the immediate area or in the wider locality.

Air and Microclimate:

There will be no ongoing air or microclimate impacts as a result of this proposal.

Flora and Fauna:

There is no vegetation that is required to be removed or disturbed to facilitate this development proposal.

Waste:

Any waste generated by the construction of the proposed fence is to be contained on site and deposited to an appropriate waste management facility.

Energy:

The proposal does not have a need for energy use and will not adversely impact upon energy use or consumption.

Natural Hazards:

The site is not known to be subject to flooding, slip, slump or other natural hazards.

Social Impact and Locality:

The preservation and enhancement of heritage contributes to the visual and social cohesion of an area. There is unlikely to any negative social impact as a result of this proposal, rather an enhancement and recognition of the heritage values overall.

Economic Impact and Locality:

There is not envisaged to be any economic impact, either positive or negative, for the wider community overall as a result of this proposal.

Site Design and Internal Design:

It is considered that the design, site and location of the proposal is adequate. Apart from the variation in maximum height of 1200mm, the site design complies with the provisions of Cootamundra Development Control Plan 2013.

Construction Matters:

There are no construction matters that require addressing at this stage in the development approval process.

Section 4.15 (1)(c)

The suitability of a site for a development proposal is required to be assessed. In this instance the proposal is to be carried out on a site that is within an established residential area and has been identified as a heritage conservation area. The construction of a picket type fence painted white and green is unlikely to have a negative visual, social, economic or streetscape impact in the vicinity and the wider area.

Submissions (Section 4.15(1)(d)):

One submission objecting to the proposal was received at the end of the submission period. The submission raised the issue of traffic safety and driver visibility into Temora Street from Hovell Street. It is considered that owing to the very wide footpath outside 25 Hovell Street at the intersection of Hovell and Temora Streets, vehicles are “pushed”” away from the intersection so that drivers turning left into Temora Street from Hovell Street have a clear view of any vehicles that may be exiting from 13, 15 and 17 Temora Street. This, combined with the fact that traffic turning left into Temora Street would be typically travelling at 20-30km/h, is likely to result in the proposed 1.8 metre high picket fence not interfering with the drivers’ vision.

Public Interest (Section 4.15(1)(e):

It is not considered that the approval of this proposal is contrary to the public interest.

CONCLUSION:

The proposed fence is permissible with consent in the R1 General Residential Zone and complies with the relevant requirements of the Cootamundra LEP 2013 and the Cootamundra DCP 2013 (except in relation to the maximum height for a front fence in a heritage conservation area).

Ordinary Council Meeting Agenda

28 January 2020

8.6 Assets

8.6.1 Gundagai Sewer Treatment Plant Replacemnet Project - Construction of Earthworks and Retaining Wall

DOCUMENT NUMBER

321224

REPORTING OFFICER

Phil McMurray, General Manager

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

Funding comes from a number of sources for this project with time limits attached to each of these, the tightest of which is the Commonwealths Building Better Regions Program with funds from that source to cease after 31^st December, 2020.

LEGISLATIVE IMPLICATIONS

Section 55 of the Local Government Act, 1993 and NSW Tendering Regulation, 1999

POLICY IMPLICATIONS

These works are critical for the sewerage business plans and future rate costs.

ATTACHMENTS

1. Quote - MH Earthmoving Pty Ltd dated 20.01.2020 - Confidential

2. Quote - DET Construction Pty Ltd dated 20.01.2020 - Confidential

Recommendation

That Council:

1. The progress on the upgrading of the treatment plant be noted.

2. Avail themselves of the opportunity to attend the open day.

3. Resolve that the requirements for tendering do not apply for contracts related to the Earthworks and Retaining wall components for the Gundagai Sewer Treatment Plant Replacement Project, because of extenuating circumstances related to overall project timing and funding as documented in the report.

4. Accept the tenders of the companies in the report, provided under confidential cover as the most cost effective and beneficial course of action in this unique circumstance.

Introduction

This paper has been prepared to inform Council that the tenders documents for the construction of the new Gundagai STP have, after a number of delays, finally been completed by the NSW Public Works Administration (PWA) and called for tender. The Gundagai Sewerage Augmentation contract has been advertised on e-tendering:

https://tenders.nsw.gov.au/?event=public.rft.show&RFTUUID=B7154DC3-C659-0DAD-A7210255B491A774

An open day is planned for 30^th January, 2020 at 9:30am at the District Services Club in Gundagai for perspective tenderers and local tradespersons are also being invited so that they can meet with these prospective tenderers. An invitation is also extended to any Councillors who may wish attend and update themselves on this project.

Council officers received from the PWA the last of the final construction drawings for the Sewage Treatment Plant (STP) in late December, 2019. However, with the requirement to complete as much of these works as possible by 31^st December, 2020, to minimise the loss of any Commonwealth funding, it is proposed Council engage local contractors to construct the revised retaining walls and remaining elevated mound outside of the main contract. This will involve direct engagement of local contractors rather than going out to open tenders as would normally be undertaken for works of this scale, however, there are tangible and valid reasons supporting this action that are set out in this report.

Section 55(3)(i) of the Local Government Act, 1993 nominates that the requirements for tendering do not apply to contracts where, because of extenuating circumstances, a Council decides by resolution (which states the reason for the decision) that a satisfactory result would not be achieved by inviting tenders.

Discussion

The main contractor will, by the time the tenders are completed and analysed, not be on site until the latter part of April this year. If Council were to wait on that successful tenderer to undertake all of the works there would not be any work permissible on the site in the interim. This would result in wasting valuable time with the potential of the loss of $1M to $1.5M in federal funding as a result of the delays. However, with the direct engagement of local contractors it is possible to have some of the essential bulk earthworks (retaining walls constructed and base fill material placed and compacted) completed by the end of March, 2020. Those Contractors would then be off the site before the successful contractor commences works. The potential for claims against Council with two individual Contractors on site at the same time is to be avoided where possible.

The above mentioned earthworks are essential to advance work on the site as alternative work on site is not possible until they are completed. The installation of a site office is required and that will be impacted as it will need to be moved to accommodate the expansion of the elevated mound.

This window of opportunity to get these works completed and maximise site usage, however, does not allow sufficient time for an open tendering process for these earthworks due to the late receiving of the final site plans. Council foresees that at the conclusion of a usual tendering process the main contractor would seek to be on site and create a potential clash between contractors and anticipated claims that local contractors would be holding up the main contractor, in the eyes of the latter, would occur.

The retaining wall is required to protect the elevated mound that lifts the plant out of the flood plain and if it is to be built as per the contract drawings then the Contractor will not be ordering materials till late April, 2020 and it will take till at least mid-August to complete these works thus denying the Contractor the ability to undertake the multitude of works that are meant to occur on this mound. This will delay the completion of the contract till around May – June, 2021 with a resultant loss in funds for these works from the Commonwealth’s Building Better Regions fund estimated to be of the order of $1.0 to $1.5 M. Completion of this wall early in the process will allow the Contractor to bring in more employees and work on the whole site at the same time. It also simplifies the contract for that main contractor.

Council officers propose to construct a slightly different wall to that which was suggested in the design at an estimated cost of $735,000 (ex GST) that will prove effective and is a type of retaining wall already in existence in Gundagai around the Gundagai Library where it has proven both suitable and visually pleasing in this role. Council has obtained a firm quote from DET Constructions for this amount.

The estimated costs to construct the retaining wall as per the designs in the contract have been estimated by both Council officers and the Local Contractors as costing between $1.0 m and $1.2 M and will not be as appropriate as the proposed wall from DET constructions with the material for that wall likely to be available in two weeks. The materials for the “as designed” retaining walls have a three month waiting period and that wall will take longer to construct with mobile cranes having the potential to damage to one of the golf course fairways during the construction period. Even if Council was to allow the modified wall as a variation under the Contract it is doubted that the wall would be constructed before the end of June, 2020 at the very least, again holding up works on the site. The local tendered rates are more than competitive, with the Contractor likely to use the locals as sub-contractors adding a typical 15% contract premium on top, assuming that the locals undertook the works at the same costs for the contractors.

The base fill for the IDEA tanks, Sludge Lagoons and for the extended mound can be placed before the main Contract is on site leaving them free to install their piles and commence the concrete construction of these tanks and the inlet works. These units are anticipated to take the longest time of the construction elements and having this fill taken out of the main contract will greatly reduce the time frame for the contract (estimated 3 months). It will also take the worst of the flood risk out of the equation for the contractor and hopefully with that, better overall rates. Having these works completed along with the extended mound allows the Contractor to bring in a large workforce and work in a multiple number of areas at the same time allowing these works to be built in the shortest possible timeframe.

Council has a quote provided by MHE for $38/m3 compacted by volume required and the rates in that quote are considered by Council officers to be very competitive being lower than what Council believes it could do the works for. As above these contractors could likely become the subcontractors but their rates to the contractors are likely to be higher as the contractor will be unknown to them and they need to protect themselves as well the usual contract premium on top of the sub contract rates.

It is recommended that Council accept the tenders of the companies shown in the table below as the most cost effective and beneficial course of action for the Cootamundra – Gundagai Communities in this unique instance. The precise proposals are provided under separate confidential cover. Based on, quality, reliability, timeliness, service, risk profiles and initial and ongoing costs, these represent value for money for Council.

Tender Company

Nature of Works to be Undertaken

Tendered Costs
($Total EX GST)

DET Constructions Pty Ltd

Construction of two sets of retaining walls totally around 160 in length as well as safety rails for tops of the mound.

738,822.50

MHE

Win, supply place and compact fill material under the base area proposed for the new IDEA tanks and Sludge Lagoons.

Win, supply place and compact fill material for the expanded mound area on which many of the treatment plant structures are to be constructed inside the completed retaining walls.

$38/m3 compacted paid on actual volume by survey.

Estimated value around $418,000.

The further reasons for supporting these recommendations are set out below:

Further Reasons for Supporting the Engagement of Local Contractors Directly

The costs to carry out this work are beyond the $150,000 amount that normally would generate an open tendering process for a particular set of works and, as such, this matter needs to be brought to Council’s attention before proceeding with any engaging local contractors directly. The reasons for seeking this departure from normal tendering practices include the following:

1. The existing plant poses a major threat to Council with the current cracks in the trickling filter walls continuing to open and with the passage of time and failure (even on a clear day) is inevitable but potentially a little longer away. However failure in the next flood has a very strong probability and thus time delays leave Council exposed to unacceptable levels of risk now that funds are available to build the new works. It needs to be remembered that failure of this plant has the potential to force an evacuation of the township until repairs are affected and this is the driving factor for undertaking these works in the first instance.

Any delays leave Council exposed to this risk which could cost several million dollars to the local economy as well as considerable loss of faith in the future of the township.

2. The Indian Ocean Diapole has recently collapsed and there is a return to more average weather patterns and if as per normal (in Australian history) the current drought ends with a flood, then the possibility that the old plant could physically fail before the new plant is operational is much increased. As such delays at this time based upon the drought of previous years is misplaced when historical data indicates that a flood occurs once every 5 years on average and it has now been 8 years since the last flood.

3. Funding for this project has time limits on it and the project has been significantly delayed during the design phases and there is an absolute must need to accelerate the works in a sensible matter, if Council is to attain the most of the funding it has been allocated. The Commonwealth Building Better Regions funding expiry date of 31 December 2020 requires Council to maximise the work completed on site before that date or alternatively some of the supportive works such as the pumping station replacement for the upgrading of rising mains will need to be excluded from the package.

4. Failure to take this opportunity is likely to delay the project completion by up 3 to 5 months with the potential to lose up to $1.5 Million in Commonwealth Funding when the estimated work completed timeline is overlayed with these deadline dates. The Commonwealth in granting a delay due to the design delays have made it very clear that there will be no further extensions granted so the losses will be real.

5. Taking this opportunity allows Council a way to make up some of the time lost in getting to the tender stage by the Council contractors and through regulator delays.

6. Prices /Quotes obtained have been assessed as extremely competitive and whilst the actual cost are high a significant proportion of those costs are plant and materials costs which are not likely to be lower for any contractors. For example the retaining walls quote can be broken down to around $400,000 (54% of quote) in materials purchase $120,000 (16%) in plant and $218,000 (30%) in contractors labour subcontractor hire and miscellaneous items. Thus the opportunity for savings in contractor costs are extremely limited and in this instance highly unlikely.

7. Materials costs (particularly fill material) billed directly to Council are lower as no royalties are involved and as local these contractors have a desire to build a substantive relationship with Council into the future and are likely to give Council far better rates than any one off Contractor. Similar statements can be made in relation to plant usage. Hence opportunities for savings under a bulk contractor are very limited and in this instance non-existent.

8. Both local contractors have excellent records of performance in the local region and come highly recommended.

9. Project funds expenditure is maximised in the local community with strong local employment for these works likely to occur in a region where such an injection of funds post this drought will be something of a godsend.

10. Local contractors are least impacted by floods if one was to occur and would have no delay costs whereas a contractor from outside would be seeking prolongation claims and other delays and claims.

11. The time scale indicted by these local contractors will see them completed and off the site before the main contractor takes procession of the site.

12. As indicated having these works completed before the main will allow the contractor to commence work in a number of different locations on the site maximising their expenditure in the period covered by the funding programs.

13. Having these works completed by local contractors minimises the Contractors exposure to flood risk which can form a significant loading on their tender rates in the main contract and it is expected that taking this action should significantly reduce overall tender rates.

14. Council will be able to report significant progress to the funding bodies over the next few months to maximise funds from these sources and keep them reassured.

15. The Environmental Protection Agency have expressed considerable concerns over the existing plant and will be relieved to see this progress made.

Project	Amount	Commentary / Recommendation
Cootamundra Water Mains Replacement	$4,335,873	To be funded from the Water Reserves until concerns raised by TCorp can be resolved and funding for the remainder of the project secured.

APP. NO.	PROPOSED BUILDING	STREET NAME
DA.2019.167	New Carport	Pinkstone Avenue
DA.2019.165	Continued Use of Carport	Mary Angove Crescent
DA.2019.136	New Shed	Richards Street
DA.2019.163	New Garages - Sheds Residential	Centenary Avenue
DA.2019.159	New Carport	Wood Street
DA.2019.157	Infrastructure Install 100 kW ground-mounted solar system	Old Hume Highway
DA.2019.154	Modification (4.55(1A) - Alterations to existing carwash	Wallendoon Street
DA.2019.152	New Storage Shed	Springfield Lane
DA.2019.151	New Shed	Northcott Avenue
DA.2019.150	New Shed	Warren Street
DA.2019.148	New Commercial Building	Parker Street
DA.2019.147	Other Building Envelope	Springfield Lane
DA.2019.146	New Shed	Sutton Street
DA.2019.144	New Single Dwelling	Cooper Street
DA.2019.139	Continued Use of Carport	Chamen Street
DA.2019.103	Trial Waste Processing Facility (Rendering Fish)	Stockinbingal Road
CDC.2019.32	Carport	Sutton Street

VALUE OF WORK REPORTED TO THIS MEETING:			$815,377.00
VALUE OF WORK REPORTED YEAR TO DATE :			$6,898,915.00
THIS TIME LAST YEAR:
VALUE OF WORK –December 2018 - $705,400.00
VALUE OF WORK – YTD 2018 - $6,662,428.00

REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
AUTHORISING OFFICER	Phil McMurray, General Manager
FINANCIAL IMPLICATIONS	There are no Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1. Minutes of the Ordinary Meeting of Council held on Tuesday 10 December 2019

DOCUMENT NUMBER	320991
AUTHORISING OFFICER	Phil McMurray, General Manager
REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
ATTACHMENTS	Nil

January	$452,965.75
February	$55,889.59
March	-$30,686.57
April	-$157,762.73
May	-$57,107.93
June	$69,815.91

DOCUMENT NUMBER	319898
REPORTING OFFICER	Penny Nicholson, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	320503
REPORTING OFFICER	Gil Kelly, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	320593
REPORTING OFFICER	Charlie Sheahan, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	320979
REPORTING OFFICER	Penny Nicholson, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	321134
REPORTING OFFICER	Gil Kelly, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager