Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

31 March 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 31 March 2020 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), 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)

Note:

Pursuant to s747A of the Local Government Act, 1993 Cr Dennis Palmer (Deputy Mayor) and Cr’s Bowden, Kelly, Phillips, Sheahan and Stewart attended the meeting remotely using an audio-visual link.

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.

2 Open Forum

Note: Due to COVID-19 the Meeting was closed to the public and there was no Open Forum. The Meeting was livestreamed. No written submissions relating to items on the agenda or any other matter were received by Council for presentation at the meeting.

3 Apologies

Nil

4 Disclosures of Interest

Nil

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 25 February 2020

Resolution 077/2020

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

The Minutes of the Ordinary Meeting of Council held on Tuesday 25 February 2020 be confirmed as a true and correct record of the meeting.

Carried

Suspension of Standing Orders

Resolution 078/2020

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

That Council suspend standing orders to bring forward consideration of item 8.2.2 presentation of Audited Financial statements.

Carried

8.2.2 Presentation of Audited Financial Statements

Note: Mr Brad Bohun of Crowe delivered a presentation to Council on the Audited Financial Statements for the year ended 30^th June, 2019.

Resolution 079/2020

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

Item 8.2.2 Presentation of Audited Financial Statements be moved forward to allow Mr Brad Bohun of Crowe to deliver a presentation to Council on the Audited Financial Statements for the year ended 30 June, 2019.

Carried

5.2 Minutes of the Internal Audit Committee Meeting held on Thursday 12 March 2020

Resolution 080/2020

Moved: Cr Doug Phillips

Seconded: Cr David Graham

That:

1. The Minutes of the Internal Audit Committee Meeting held on Thursday 12 March 2020 and 12 March 2020, attached under separate cover, be received and noted;

2. The External Audit Report, on the operation of s355 Committees, attached under separate cover, and foreshadowed administrative actions be also noted.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement for March, 2020

Note: the following amendments were made at the meeting:

21^st -22^nd February, 2020

Cr Sheahan did not attend the Australian Local Government Women’s Association forum in Griffith.

5^th March, 2020

Cr Nicholson attended the Cootamundra Tourism Action Group s355 Committee Annual General Meeting and Ordinary Meeting.

12^th March, 2020

Cr Nicholson attended Jubilee Park for the official opening of the new adventure playground funded through the Stronger Country Communities Fund R1, with Member for Cootamundra, Steph Cooke, MP.

Resolution 081/2020

Moved: Cr Dennis Palmer

Seconded: Cr Craig Stewart

The Mayoral Minute and additional information provided at the meeting be received and noted.

Carried

7 Reports from Committees

Nil

8 General Manager’s Report

8.1 Business

8.1.1 Information Bulletin

Resolution 082/2020

Moved: Cr Gil Kelly

Seconded: Cr Dennis Palmer

The Information Bulletin, and correspondence, attached under separate cover, be received and noted.

Carried

8.1.2 Council Meeting Action Report

Resolution 083/2020

Moved: Cr Leigh Bowden

Seconded: Cr Craig Stewart

The updated Council Meeting Action Report, attached, be received and noted.

Carried

8.1.3 Minutes of Cootamundra Heritage Committee Meetings held 3 February, 2020 and 2 March, 2020

Resolution 084/2020

Moved: Cr David Graham

Seconded: Cr Doug Phillips

The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meetings held on 3^rd February and 2^nd March, 2020, attached under separate cover, be received and noted.

Carried

8.1.4 Cootamundra showground users group s355 committee minutes 18 March, 2020

Resolution 085/2020

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

1. The Minutes of the Cootamundra Showground Users s355 Committee held 18^th March, 2020, attached under separate cover, be received and noted.

2. The tree referred to in item 1.8 General Business of the Minutes be removed by Council officers if possible.

3. The request for a donation to cover the cost of ground hire for the 2020/21 financial year submitted by Riding for the Disabled be deferred to the Ordinary Meeting to be held 28^th April, 2020 and considered in conjunction with the community donation program.

Carried

8.1.5 Minutes of the Stockinbingal Memorial Hall s355 Committee 27th February, 2020

Resolution 086/2020

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

The Minutes of the Stockinbingal Memorial Hall s355 Committee meeting held 27^th February, 2020, attached under separate cover, be received and noted.

Carried

Minutes of the Cootamundra tourism action Group s355 committee (Late ITEM)

Note: The Minutes from the Cootamundra Tourism Action Group s355 Committee Annual General Meeting and Committee Meeting were accepted by the Chairperson as a Late Report.

Resolution 087/2020

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Council note the Cootamundra Tourism Actions Group’s preference for Brand Concept three (3) (separate logos). However, if this concept is also adopted by council, that further tweaks to the logo design and a different by-line be implemented to better reflects the key offerings and community pride in Cootamundra the Cootamundra Tourism Actin Group s355 Committee believe have been missed from the current draft strategy document.

Carried

8.1.6 Minutes of the Gundagai Tourism Action s.355 Committee meeting held 24 February 2020

Resolution 088/2020

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

1. The Minutes from the Gundagai Tourism Action s355 Committee meeting held 24^th February, 2020, attached under separate cover, be received and noted.

2. Council adopt the brand concept three (3): Gundagai, “Gundagai Unleash your Freedom” and refrain from adopting a regional logo.

3. Council look at options for funding for the purchase and installation of a speaker system for Sheridan Street that plays the local radio station and be utilised for events.

Carried

8.1.7 Minutes of the Meeting of The Arts Centre Cootamundra s.355 Committee, held 19 March, 2020

Resolution 089/2020

Moved: Cr Leigh Bowden

Seconded: Cr David Graham

1. The Minutes of The Arts Centre Cootamundra held 19^th March, 2020, attached under separate cover, be received and noted.

2. Recommendations included in the Minutes be considered by Council’s Manager Facilities.

Carried

8.1.8 Minutes of the Meeting of The Arts Centre Cootamundra s.355 Committee, held 20 February, 2020

Resolution 090/2020

Moved: Cr Doug Phillips

Seconded: Cr Craig Stewart

The Minutes of the Meeting of The Arts Centre Cootamundra s.355 Committee, held 20^th February, 2020, attached under separate cover, be received and noted.

Carried

8.1.9 Report to Council from Cootamundra Creative Arts Incorporated - March 2020

Resolution 091/2020

Moved: Cr Doug Phillips

Seconded: Cr Leigh Bowden

The report from Cootamundra Creative Arts Inc., attached under separate cover, be received and noted.

Carried

8.1.10 Further review of s355 Committee operations

Resolution 092/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Craig Stewart

1. Council hold a workshop to consider its approach to ongoing community participation and administrative burdens on the operational independence of community groups;

2. Council assess the effectiveness of the s355 Committee structure in best achieving the required balance between governance, administrative requirements and expectations of the community in respect of desired delivery and service outcomes.

Carried

8.1.11 Councillor Workshop Report

It was moved by Cr’s Palmer (Deputy Mayor) and Kelly:

1. The report on the Councillor Workshop held 24^th March, 2020 be received.

2. Council redraft the draft tender document to include the management of the weighbridge to the successful tenderer.

3. Council endorse the proposed changes to the onsite sewer charge.

4. Council approve the allocation of $10,000 for work to be commenced to implement the commercial trade waste charges in Cootamundra.

5. Council endorse the proposed changes to Council Community Donations Policy.

6. Council endorse the Financial Sustainability Review video of Dr Drew be shared with Council staff and the community.

On being put to the vote Motion was LOST.

Resolution 093/2020

Moved: Cr Doug Phillips

Seconded: Cr Penny Nicholson

1. The report on the Councillor Workshop held 24^th March, 2020 be received.

2. Council endorse the amended Material Recycling Facility to go to Tender as tabled at the meeting.

3. Council endorse the proposed changes to the onsite sewer charge.

4. Council approve the allocation of $10,000 for work to be commenced to implement the commercial trade waste charges in Cootamundra.

5. Council endorse the proposed changes to Council Community Donations Policy.

6. Council endorse the Financial Sustainability Review video of Dr Drew be shared with Council staff and the community.

Carried

8.1.12 Final Report for Boundaries Commission

Resolution 094/2020

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

1. Council receive the Final Report for Boundaries Commission report, Dr Drew’s Cover over Letter for the Boundaries Commission Report and the Local Government Boundaries Commission Notice for Submissions, attached under separate cover.

2. The Mayor and General Manager be authorised to distribute Dr Drew’s cover letter for Boundaries Commissions Report and the Final Report for Boundaries Commission, attached, with Council’s submission to the Boundaries Commission, Minister for Local Government, Premier, Deputy Premier and Member for Cootamundra.

3. The Final Report for Boundaries Commission report be displayed on Council’s Website and a copy made available at the Customer Service Centres.

4. A copy be made available to any interested party.

Carried

8.1.13 Riverina Joint Organisation Board Meeting Report

Resolution 095/2020

Moved: Cr Craig Stewart

Seconded: Cr Charlie Sheahan

The report on the Riverina Joint Organisation Board Meeting held 27^th February, 2020 be received and noted.

Carried

8.2 Finance

8.2.1 Investment Report - February 2020

Resolution 096/2020

Moved: Cr Doug Phillips

Seconded: Cr David Graham

The Investment Report as at 29^th February, 2020, attached under separate cover, be received and noted.

Carried

8.2.2 Presentation of Audited Financial Statements

Note: The presentation of the Audited Financial Statements was considered earlier in the meeting following item 5.1 minutes of the Ordinary Meeting of Council Held Tuesday , 25^th February, 2020.

Resolution 097/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

The General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30 June, 2019 be adopted.

Carried

8.2.3 Monthly Finance Report for February 2020

Resolution 098/2020

Moved: Cr Penny Nicholson

Seconded: Cr Craig Stewart

1. The Monthly Finance Report for February, 2020, attached under separate cover, be received and noted.

2. The Manager Assets prepare a report on Plant costings for the consideration of Council at the Ordinary Meeting scheduled to be held on 28^th April, 2020.

Carried

8.2.4 Grader Finance

Resolution 099/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

Authority be granted to the General Manager to execute the loan application with Commonwealth Bank of Australia as detailed in the report.

Carried

8.3 Community and Culture

Nil

8.4 Development, Building and Compliance

8.4.1 Development Applications Approved for the Month of February, 2020

Resolution 100/2020

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

The information on Development Applications approved in February, 2020 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 Listing Under Schedule 8 Clean Air Regulation - Control of Burning

Resolution 101/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Doug Phillips

Council not adopt the Listing Under Schedule 8 Clean Air Regulation as detailed in the report.

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

8.5 Regulatory Services

Nil

8.6 Assets

8.6.1 Cootamundra Water Main Replacement Program

Resolution 102/2020

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

The report on the Cootamundra Water Main Replacement Program and Water Main Progress Map, attached to the report, be received and noted.

Carried

8.6.2 Stockinbingal Sewerage Scheme

Resolution 103/2020

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

1. The report on the Stockinbingal Sewerage Scheme and the Stockinbingal Sewerage Scheme Concept Design Report, attached under separate cover, be received and noted.

2. Council engage NSW Public Works Authority to prepare a business case for the proposed Stockinbingal Sewerage Scheme.

3. An application be made under the Safe and Secure Water Program for funding towards a detailed design.

Carried

8.6.3 Flood Management Program

Resolution 104/2020

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

1. Council approve that the Cootamundra Flood Risk Management Plan, attached under separate cover, be included in an application to be prepared and submitted to the NSW Government Floodplain Management Program 2020-21.

2. If the application, referred to in 1 above, is successful, Council approved a $20,000 co-contribution for the project through Council’s Water Fund.

Carried

8.7 Civil Works

8.7.1 Nangus Water Supply

Resolution 105/2020

Moved: Cr Penny Nicholson

Seconded: Cr Dennis Palmer

1. The report on the Nangus Water Supply and the Nangus Water Supply Feasibility Study, attached under separate cover, report be received and noted.

2. Copies of the Nangus Water Supply Feasibility Study are to be placed on Council’s website and copies made available to interested community members.

3. Council endorse progressing the next Business Case stage of the Nangus Water Supply project and that Council request the Office of Local Government approve any remaining funds from the project budget be restricted within Council’s Water Fund, in consideration so that this invaluable piece of work can progress through to completion.

4. Cardno be appointed to undertake the Business Cases for Options 2 and 7 as a shared venture with Goldenfields Water County Council provided a satisfactory quote is received.

Carried

8.7.2 Civil Works and Technical Services Report - March 2020

Resolution 106/2020

Moved: Cr Craig Stewart

Seconded: Cr Doug Phillips

The Civil Works and Technical Services Report for the month of March, 2020 be received.

Carried

8.8 Technical Services

Nil

8.9 Facilities

Nil

8.10 Waste, Parks and Recreation

Nil

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

Nil

The Meeting closed at 8:04 PM.

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

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

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

28 April 2020

8.1 Business

8.1.1 New Regulations in Response to COVID-19

DOCUMENT NUMBER

325866

REPORTING OFFICER

Greg Briscoe-Hough, Relief Governance Officer

AUTHORISING OFFICER

Phillip 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

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1. Modification of Statutory Requirements in Response to the COVID-19 Pandemic ⇩

2. Rates and Charges Financial Hardship Policy ⇩

Recommendation

1. Council determine whether to adhere to the regular statutory timetable for the Operational Plan and rating process or delay these for the permitted 30 day extension period.

2. The relaxation of statutory provisions in relation to advertising and access to various public documents be noted.

3. Council consider the impact of the new regulations outlined in the report on existing policies more fully once normal circumstances resume.

4. Consideration of the waiving of any non-rate related Fees and Charges under a new COVID-19 category be referred to Council for determination.

5. Facilitate, where Council determines, relief measures to local ratepayers and businesses.

Introduction

Councillors will be aware that, in addition to postponing the next Council election, the State Government amended the Local Government Act, 1993 (the Act) so that regulations may be made under section 747B of the Act to modify the application of sections of the Act for the purposes of “responding to the public health caused by the COVID-19 pandemic” and that any such provisions automatically expire after 6 months, or earlier if decided by the Parliament.

Discussion

Pursuant to Section 747B of the Act a number of regulations have been made to temporarily modify the application of the Act to:

· Extend some statutory deadlines for plans and setting of rates (generally by a month as listed in Table A) noting, however, a Council can still direct that an Operational Plan be adopted by the 1^st July, 2020 due date and ensure rates are levied and served by 1^st August, 2020;

· Address basic administrative procedures relating to public notices and public access to documents remotely rather than in person (e.g. Council meeting papers, Code of Meeting Practice, Plans of Management, Local policies, Audited accounts, and flood and fire risk manuals):

· Facilitate, where Council determines, relief measures to local ratepayers and businesses, again generally by a month in relation to rates due dates.

The potential for Council to immediately waive or offer other fee relief beyond normal ‘hardship’ provisions under a new COVID-19 category is also provided for without the normal statutory notification requirements.

Of a more significant and longer term impact, with the temporary closure of some local newspapers and to assist councils to reduce their costs, the Local Government (General) Regulation 2005 has also been amended to permanently remove requirements for newspaper advertising for a number of areas, including:

· Integrated Planning documents including Delivery Program, Operational Plan (including Budget and Fees and Charges)

· Council Meeting Notices

· Notifications in relation to certain filming projects

· Consultation concerning categorisation of land as an area of cultural significance

· Open and selective tendering processes

· Poll and referendum notices by Election Managers

Council will instead be required to publish notices on their websites and in such other manner that they consider necessary “to bring it to the notice of the local community or other interested persons.” Clearly, these amendments do not represent a prohibition to use local papers should the Council feel that was necessary.

It should also be noted that the Environmental Planning and Assessment Regulation 2000 has been amended to remove the requirements on councils to notify planning processes, applications and determinations in local newspapers. It is now sufficient for these matters to be advertised on Council’s website or the NSW Government’s Planning Portal.

Table A: Permissible deadlines established under s747B

Section of LG Act	Prior deadline	New deadline
Adoption of Operational Plan – s405(1)	By 1 July 2020	By 1 August 2020
Making of a rate or charge – s533	By 1 August 2020	By 1 September 2020
Date by which quarterly rates are payable – s562(3)(a)	31 August 2020	30 September 2020
Quarterly review statements (QBRS) – Cl 203(1) of Regulation	The third quarter 2019-20 QBRS (currently May 2020)	Third quarter QBRS - June 2020. All future QBRS remain due as per Regulation.
Submission of audited Financial Reports – s416(1)	31 October 2020	30 November 2020
Preparation and publish of Annual Reports –s428(1)	30 November 2020	31 December 2020

Ordinary Council Meeting Agenda

28 April 2020

8.4 Development, Building and Compliance

8.4.1 Development Applications Approved for the Month of March, 2020

DOCUMENT NUMBER

325774

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip 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

Compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and related legislation.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The information on Development applications approved in March, 2020 be noted.

Introduction

The Development Applications Approved in March, 2020 Report is submitted for information of the Council and the community regarding development applications processed.

Discussion

The following development applications were approved by Cootamundra-Gundagai Regional Council in March, 2020:

APP. NO.	PROPOSED BUILDING	STREET NAME
DA2020/45	New shed	Mount Street
DA2020/34	New farm carport	Cricket Ground Drive
DA2020/33	New shed	Burra Road
DA2020/31	New solar panels	Wallendoon Street
DA2020/28	New retaining wall	Bartley Street
DA2020/26	New dwelling	Hoares Lane
DA2020/25	New shed	Ross Friend Place
CDC2020/7	New inground swimming pool	O'Briens Road
DA2020/24	New garage	Dickson Street
DA2020/23	Additions to dwelling	Back Brawlin Road
DA2020/20	New dwelling	Bartley Street
DA2020/18	New garage	Adams Street
DA2020/17	New garage	Hanley Street
DA2020/15	New commercial building	Sutton Street
DA2020/13	New residential units x 4	Queen Street
DA2020/8	New dwelling	O'Hagan Street
DA2020/7	New shed, attached carport	Hume Street
DA2020/29	Above ground swimming pool	Harvey Park Lane

VALUE OF WORK REPORTED TO THIS MEETING:			$2,056,275.00
VALUE OF WORK REPORTED YEAR TO DATE:			$7,731,649.00
THIS TIME LAST YEAR:
VALUE OF WORK –March 2019:			$3,705,837.00
VALUE OF WORK – YTD 2019:			$24,010,421.00

Ordinary Council Meeting Agenda

28 April 2020

8.4.2 On Site Sewerage Management System (OSSMS) Policy

DOCUMENT NUMBER

325781

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.1 The natural environment is valued and protected

FINANCIAL IMPLICATIONS

The adopted and implementation of a policy to govern the installation, operation and inspection of onsite sewerage management systems will ensure that appropriate fees are levied for the administration, approval and ongoing monitoring of these systems to protect public health and the environment.

LEGISLATIVE IMPLICATIONS

Compliance with the Local Government Act, 1993 and Local Government (General) Regulation 2005.

POLICY IMPLICATIONS

There are Policy implications associated with this report; the applicable Policy is attached.

ATTACHMENTS

1. Draft On Site Sewage Management System Policy ⇩

Recommendation

1. Council place the draft On Site Sewerage Management Systems Policy, attached to the report, on exhibition for a period of not less than 28 days.

2. The Policy be adopted under delegation should there be no submissions that warrant significant changes to the Policy.

Introduction

Councils are required, under the provisions of the Local Government Act, 1993 to approve and monitor the installation, operation, and performance of onsite sewerage management systems (OSSMS) within their Local Government Area. Cootamundra-Gundagai Regional Council does not currently have a comprehensive register of OSSMS nor a policy for their installation, inspection or ongoing monitoring. The attached policy has been developed to ensure that Council is able to fulfil its obligations under the Act and monitor OSSMS to safeguard against any environmental or public health risk they may pose.

Discussion

There are approximately 1,700 rural and village properties within the Cootamundra-Gundagai Regional Council area, and whilst it is acknowledged many of these properties do not have a dwelling or on site sewerage management system located upon them, the knowledge of how many systems and where they are located is limited. It is known that there are systems located within the catchment of watercourses and rivers and that these systems pose a risk to both the environment and public health when they are not operated and maintained in an effective manner.

In 2012 the former Cootamundra Shire Council adopted a policy (resolution 02/08/12) that established a database of OSSMS and a fee for the administration of the database. The former Gundagai Shire Council did not have a policy, and as such does not have an OSSMS register.

The policy establishes a risk-based approach to the ongoing monitoring of OSSMS with systems identified as being high risk given priority and greater ongoing attention. The policy also communicates to the community Council’s requirements for the installation of OSSMS and the documentation required to be submitted for assessment. Education material and information has been developed to support the implementation of the Policy and to assist the community in understanding Council’s objectives to ensure that any risk to the environment or public health is minimised by the appropriate design, installation and ongoing operation of OSSMS.

It is known that the database, where it exists, is incomplete and staff have commenced a review to update. At present the database does not contain a risk rating, nor a record of issued approvals to operate. Approval to operate an OSSMS is a legal requirement and is not transferable when property is sold, or ownership transferred. Historically Council has not time limited approvals to operate nor reviewed/renewed when ownership or land configuration changed. The Policy establishes a process to issue approvals to operate after a system is installed and prior to use for new installations as well as for existing systems. All systems will be assessed against the same criteria to establish an initial risk as referenced in table 1 below. The renewal period for an approval to operate, and inspection frequency, is then set accordingly to the identified risk as follows:

HIGH every 1 – 3 years

MEDIUM every 4 – 6 years

LOW* every 7 – 10 years

* includes systems identified as negligible risk

Table 1: Risk Factors

RISK ASSESSMENT FACTORS

LEVEL OF RISK

DOMESTIC

Land area

<2Ha

2Ha - <4Ha

4-100Ha = 1

>100Ha = 0

Distance from water bodies

<40m to depression/gully/dam/ intermittent water supply or

<100m to permanent surface water

40-100m to depression/gully /dam/intermittent water supply or 100-150m to permanent surface water

>100m to depression/gully/ dam/intermittent water supply or >150m to permanent surface water

Water Supply

Access to reticulated supply

No Access to reticulated supply

Proximity to human activity (buildings/ recreational lawn/ property boundaries etc)

<6m

6-12m

>12m

Slope

Steep >20%

Undulating / Sloping 10-20%

Flat <10%

Soil Type

Non dispersive

Moderately dispersive

Highly Dispersive

Nearest Bore

<250m

>250m

HIGH RISK (12-19)

All Commercial Properties (including farmstay and tourist accommodation), all pump out systems and all systems located in a flood affected area will be considered HIGH risk regardless of any mitigation measures.

MEDIUM RISK (7-12)

Aerated Wastewater Treatment Systems (AWTS) have inherent risks if not maintained and monitored regularly. All AWTS systems will be considered a minimum of MEDIUM risk.

LOW RISK (4-7)

NEGLIGBLE (0-3)

Risk categories may be reduced if mitigation works are implemented to reduce the level of risk. Such may include audio and visual alarms on collection wells, maintenance of protection zones, or reduction in hydraulic loading. Risk category may also change depending on operational management of the system. For example if a high risk system was found to be maintained and functioning well the inspection frequency (and approval to operate) may be extended to three years; conversely if a system with negligible risk was not being maintained or operated optimally the inspection frequency may increase. Table 2 below provides inspection frequencies based on risk and operating functionality.

Table 2: Approval to Operate and Inspection Frequency

		RISK RATING
		NEGLIGBLE	LOW	MEDIUM	HIGH
SYSTEM FUNCTIONALITY	EXCELLENT	EXEMPT	EXEMPT	5-10 years	3 years
	SATISFACTORY	10 years EXEMPT	5-10 years	3-5 years	1-3 years
	BELOW AVERAGE	5 years	3 years	2-3 years	1 year
	POOR	1 year	1 year	Repairs then 1 year	Repair and reinspection

Council resolved to apply the annual administration charge for onsite sewerage management systems across the whole of the Cootamundra-Gundagai Regional Council area (resolution 093/2020). It is proposed that the following fees be included in the 2020/2021 fees and charges to support the implementation of the attached Policy.

PROPOSED FEES 2020/2021	inc GST
S68 Application to Install an OSSM (includes 1 inspection)	$165.00
S68 Application to modify an OSSM	$75.00
S68 Application to Operate an OSSM	$75.00
OSSMS Inspection Fee (scheduled or complaint investigation when non-compliance found)	$110.00
OSSM Re-inspection Fee	$110.00
OSSM Administration Charge	$46.00

Ordinary Council Meeting Agenda

28 April 2020

Draft On Site Sewage Management Systems (OSSMS) Policy

Policy Approval and Distribution

Approved by	Council resolution
Responsible Officer	Environmental Health Officer
Section/Service Unit	Development, Building and Compliance
Next Review Date	Four years from adoption

Version Control

Ref	Date	Description	Resolution Number
0.1	XX-XX-2019	Presented to Council for Adoption.	TBA
		Presented to Council to facilitate public exhibition process.

Purpose

Effective management of domestic sewage and wastewater where there is no direct discharge to reticulated sewer is an important consideration for the public health of Cootamundra-Gundagai Regional Council residents and the environment in which they reside. It requires the active involvement of both the Council and landholders.

Scope

This Policy will apply to any On-site Sewage Management Systems (OSSMS), Domestic Greywater Treatment System (DGTS) and Greywater Diversion Devices (GDD) that hold, process, or re-use or otherwise dispose of sewage or by-products of sewage and are not specifically regulated under a pollution control licence issued by the Environment Protection Authority.

The systems covered by this Policy will include a wide range of public, commercial and domestic sewage management facilities.

The following wastewater treatment devices are all classed as OSSMS:

· Septic tank and absorption trenches.

· Septic tank and evapo-transpiration areas.

· Aerated wastewater treatment systems.

· Septic tank to pump out.

· Dry composting toilets and grey water treatment systems.

· Wet composting toilets and subsurface application systems.

· Septic tank and constructed wetlands.

· Septic tank and soil mound systems.

· Package treatment plants.

· Any other system that stores, treats and/or disposes of sewage and wastewater on-site.

Objectives

This Policy and related Procedures has been developed to guide Cootamundra-Gundagai Regional Council to assess and regulate the design, installation, operation and maintenance of new and existing on-site sewage management systems.

The objectives of the On-site Sewage Management Policy are to:

· Guide landholders towards sustainable on-site management of domestic sewage and wastewater;

· Protect and enhance public health and the environment;

· Enable efficient regulation and monitoring of on-site sewage management systems; and

· Maintain compliance to Legislation and Regulation in NSW.

Application requirements for new installations or modifications to existing systems

All systems must be designed in accordance with AS/NZ 1547:2012 On Site Domestic Wastewater Management, AS/NZ 1546.1 and the Environment & Health Protection Guidelines On Site Sewage Management for Single Households (Jan 998) (‘Silver Book).

The On Site Sewage Management System to be installed or constructed must be accredited by the NSW Department of Health.

1. Subdivision and Rezoning

A Land Capability Assessment and System Design Report will be required for all applications on land areas less that 1ha, or when the land is impacted by environmental constraints (biodiversity, flood impacted, proximity to watercourses).

The Land Capability Assessment and System Design Report for on site effluent disposal, is to be prepared in accordance with AS/NZ 1546.1, by a geotechnical engineer, soil geologist, soil scientist or other suitably qualified and competent person, experienced in on-site effluent disposal.

The scale of information contained in a land capability assessment may vary, depending on the size and nature of the proposed development. The land capability assessment is a document written in a report format and contains sufficient details for Council to make an informed decision about the proposal.

The Report shall provide the following:

· A site assessment of the subject property and soil capabilities with regard to its suitability for the disposal of effluent on each of the proposed allotments that make up the subdivision. Hydraulic loading, wet weather storage, water and nutrient balance shall be included in the calculations. Calculations are to be included in the report.

· Soil test results in accordance with The Environment and Protection Guidelines 1998 - On-Site Sewage Management for Single Households and AS/NZS 1547:2012 for each allotment from the registered NATA laboratory used to test the soil.

· Assessment of cumulative environmental impacts for multi lot subdivisions.

· Mitigation measures where moderate or major limitations are identified within the soil parameters, or to address environmental or site constraints.

· Recommended system methodology including recommended disposal envelopes, bunding or diversion earthworks.

· A contoured Site Plan, drawn to scale, identifying:

o location of proposed disposal fields;

o location and distances from all boundaries;

o location of any structures and environmentally sensitive areas i.e. trees and permanent/intermittent watercourses, and groundwater bores, located on any land located within 100m of the OSSMS;

o flood height data (if flood impacted); and

o landscaped mitigation requirements.

2. Install or Alter

Applications to install a new OSSMS or alter an existing OSSMS in the Cootamundra-Gundagai Regional Council shall be on Council’s prescribed form and accompanied by the fee identified in Council’s fees and charges. Applications are to be accompanied by the following information:

· Site plan (drawn to scale) clearly identifying the location of the OSSMS and Effluent Management Area displaying:

o Distances from all neighbouring boundaries, permanent and intermittent watercourses, waterbodies and domestic groundwater bores and wells;

o Distances from dwellings and outbuildings (including pools and domestic water tanks); and

o Any landscaping design required for surface irrigation fields.

· Manufacturers specification and NSW Health Accreditation certificate;

· Calculations for the disposal area sizing; and

· Site and Soil Assessment Report (GEOTEC) **

The report is to be prepared by an experienced and appropriately qualified wastewater consultant and in accordance with AS/NZS 1547:2012. The Report will include a Land Capability Assessment and the proposed system design – including (but not limited to) system type, location, size, EMA and any mitigation measures.

**NOTE: A Land Capability Assessment and System Design Report will be required for all applications on land areas less that 1ha, or when the land is impacted by environmental constraints (biodiversity, flood impacted, proximity to watercourses).

Approval to operate an On Site Sewage Management System

Section 68 of the Local Government Act requires that each OSSMS in use has an Approval to Operate. The Approval to Operate will only be issued, where the installation and operation complies with the requirements of Section 68 of the Local Government Act 1993 and the objectives of the OSSMS Policy. The initial approval to operate shall only be issued after the final inspection and prior to commissioning the OSSMS.

An Approval to operate an OSSMS will be issued upon satisfactory inspection of each facility or where the service history indicates the system is regularly serviced and is in good working order. The schedule for renewal will be assessed and issued on the basis of risk and system functionality.

Change of Ownership - The Local Government Act states that the approval to operate is not transferable to new owners and must be renewed within a period of 3 months after the date on which the land is transferred or otherwise conveyed to another owner.

New Systems

An Approval to Operate an on-site sewage management application shall be applied for as part of a Final Occupancy Certificate (where applicable). The Approval and lapse date will be issued based on Risk Factors (Table 1).

Monitoring and Inspection Program

Council will implement a monitoring program of existing systems to ensure that these systems meet the environmental and health performance objectives set out in the Policy. The monitoring program will involve monitoring service documentation, and an inspection schedule based on risk factors and operational status.

Risk Factors

Initial Assessment

All OSSMS will initially be assessed based on a desktop audit of Risk Factors (Table 1). High Risk systems will be a priority and scheduled for inspection first. Following an inspection, the Approval renewal and inspection schedule will be based on Risk and System Functionality (Table 2).

Initial inspection Frequency based on Risk Factors only:

HIGH every 1-3 years

MEDIUM every 4-6 years

LOW & NEGLIGBLE every 7-10 years

Irrespective of risk rating, all systems will be inspected on receipt of any complaint.

Commercial systems

All commercially used properties operating an OSSMS will be classed as HIGH risk. The frequency of inspections will be based on assessments at the time of the first inspection.

Table 1: Risk Factors

RISK ASSESSMENT FACTORS

LEVEL OF RISK

DOMESTIC

Land area

<2Ha

2Ha - <4Ha

4-100Ha = 1

>100Ha = 0

Distance from water bodies

<40m to depression/gully/ dam/intermittent water supply or

<100m to permanent surface water

40-100m to depression/ gully/dam/intermittent water supply or

100-150m to permanent surface water

>100m to depression/gully /dam/intermittent water supply or

>150m to permanent surface water

Water supply

Access to reticulated supply

No Access to reticulated supply

Proximity to human activity (buildings/recreational lawn/property boundaries etc.)

<6m

6-12m

>12m

Slope

Steep >20%

Undulating / Sloping 10-20%

Flat <10%

Soil type

Non dispersive

Moderately dispersive

Highly Dispersive

Nearest bore

<250m

>250m

HIGH RISK (12-19)

MEDIUM RISK (7-12)

Aerated Wastewater Treatment Systems (AWTS) have inherent risks if not maintained and monitored regularly to ensure that the system is working, and that secondary disinfection is taking place. All AWTS systems will be considered a minimum of MEDIUM risk.

LOW RISK (4-7)

Risk categories may be reduced if mitigation works are undertaken/implemented to reduce risks to the environment i.e. audio and visual alarms on collection wells, maintenance of protection zones, or reduction in hydraulic loading

NEGLIGBLE (0-3)

System Functionality

Following the first inspection, assessment of System Functionality and Risk Rating will determine subsequent Approval renewal and inspection schedule.

Table 2: Approval to Operate and Inspection Frequency

		RISK RATING
		NEGLIGBLE	LOW	MEDIUM	HIGH
SYSTEM FUNCTIONALITY	EXCELLENT	EXEMPT	EXEMPT	5-10 years	3 years
	SATISFACTORY	10 years EXEMPT	5-10 years	3-5 years	1-3 years
	BELOW AVERAGE	5 years	3 years	2-3 years	1 year
	POOR	1 year	1 year	Repairs then 1 year	Repair and reinspection

NOTE: Negligible and Low risk OSSMS that are found to be in excellent condition and operational status will be issued with a 10-year Approval to Operate and will be exempt from the inspection schedule.

Inspection and Compliance

Inspections will be undertaken in accordance with the relevant risk assessment and the Approval to Operate.

In the case of complaint investigation, Council may exercise relevant powers of entry to a property pursuant to the provisions of the Local Government Act and Regulation. Where warranted, Orders under the provisions of the Protection of the Environment Operations Act or Local Government Act and Regulation may be served as necessary.

Where rectification works are required, the owner will be advised on site and with follow up in writing of rectification works required. A timeframe for the completion of the required works will be provided.

If the owner is unable to complete any required works due to financial hardship, Council may exercise appropriate discretion and take account of factors such as capacity to pay, risks posed and timeframe given for compliance.

If an OSSMS, that is located within 75 metres of a sewer of Council, fails and requires replacement then Council may require connection of sanitary drainage to the sewer infrastructure, as necessary, under the provisions of the Local Government Act.

Where ongoing defective systems are detected, site specific management plans will be formulated with the owner/occupier to resolve relevant issues. Where these measures fail, Orders for compliance may be served on the owner or operator under the provisions of the Local Government Act and Regulation.

Where Council determines that the owner or occupier of a system has deliberately or willfully altered any part of the system that causes pollution of the environment, or there is an immediate threat to public health, Council may issue a clean-up notice under the provisions of the Protection of the Environment Operations Act 1997.

Where a Notice or Order has been issued and not complied with, Council may issue a Penalty Infringement Notice and instigate any further actions as deemed necessary or appropriate under the provisions of the Local Government Act and Regulation to prevent further environmental or public health risk

Fees and Charges

The fees and charges issued by Council for the approval to install, alter and operate OSSMS are issued to the owner of the property. Fees and charges relevant to OSSMS approvals and inspections are included in Council’s Operational Plan – Schedule of Fees and Charges. All fees and charges are issued in accordance with section 608 of the Local Government Act 1993.

Legislative Framework (Relevant Legislative, Australian Standards, Code of Practice etc.)

Local Government Act 1993

Local Government (General) Regulation 2005

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Protection of the Environment Operations Act 1997

This Policy must be read in conjunction with the most current additions or revisions of the following:

· NSW Department of Local Government 1998, Environment and Health Protection Guidelines: On- Site Sewage Management for Single Households.

· Department of Energy, Utilities and Sustainability: NSW Guideline for Greywater Reuse in Sewered Single Household Residential Premises, 2007

· AS/NZS 1547:2012 On-Site Domestic Wastewater Management

· AS/NZS 1546.1:2008 On-Site Domestic Wastewater Treatment Units – Septic Tanks

· AS/NZS 1546.2:2008 On-Site Domestic Wastewater Treatment Units – Waterless Composting Toilets

· AS/NZS 1546.3:2008 On-Site Domestic Wastewater Treatment Units – Aerated Wastewater Treatment Systems

· AS/NZS 3500 Plumbing and Drainage

Related CGRC Policies, Procedures and Forms

OSSMS Policy Implementation and Program Monitoring Procedure

Review Period

This document is to be reviewed every four (4) years to ensure that it remains relevant and meets legislative requirements.

Policy Statement

This policy outlines Council’s commitment to domestic sewerage and wastewater management in unsewered areas and defines how the risks associated with On-Site Sewage Management Systems (OSSMs) are monitored and managed within the Cootamundra-Gundagai Regional Council Local Government Area (LGA).

The Policy and associated Procedures provide a management framework which allows Council to effectively regulate OSSMS and ensure that any public health and environmental risks are effectively reduced.

In implementing the OSSMS Policy, Council will endeavour to:

· Establish and maintain a current database of all OSSMS;

· Work with owners and operators of OSSMS to educate and raise awareness of their responsibilities and expectations for the operation and management of OSSMS;

· Ensure transparency, consistency and fairness in Council’s functions in relation to OSSMS;

· Establish and undertake a risk-based inspection and monitoring program to ensure that systems comply with legislative requirements.

Ordinary Council Meeting Agenda

28 April 2020

8.6 Assets

8.6.1 Plant Income Management

DOCUMENT NUMBER

325814

REPORTING OFFICER

Ganesh Ganeshamoorthy, Manager Assets

AUTHORISING OFFICER

Phillip 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

The Plant Income Management report for 2019/20 financial year be received and noted.

Introduction

Cootamundra-Gundagai Regional Council Plant Benchmarking is based on the guidelines provided by the Institute of Public Works Engineering Australia (IPWEA) Plant Vehicle Management Manual. For certain categories of plant, the actual hours of usage are below the bench marking hours. A detailed review on how to increase the usage of these items of plant, or to consider marking alternative arrangements, will be done as part of the Plant Management Program.

The management of Light Fleet, Plant and Heavy Vehicle and the changeover/replacement policy for the same, is critical to ensure operational requirements are met and best value is provided for Council and the Cootamundra and Gundagai communities.

Discussion

Life Cycle Cost

Internal hire rates are based on the whole of life cycle costs and annual budget internal hire rates reflect full cost recovery including the cost of replacement. Depreciation charges reflect the level of funding required to replace an items optimum replacement point. A review of the existing data revealed that rates for certain plant items needs to be altered to reflect the full cost recovery and to improve the plant replacement fund.

The available data for actual expenditure for each plant items is only for 2018/19 and 2019/20. Therefore, it is proposed to review and alter the internal hire rate at the end of this financial year and implement the new hire rates from 1^st July, 2020 for the 2020/21 financial year.

The figure below shows the cumulative plant income for 2018/19 and 2019/20. The trend line indicates that the Plant Income for 2019/20 is on target to exceed the Plant Income during 2018/19.

During the 2019/20 financial year the following Plant Income has been recorded:

	Description	Amount
	Plant Income at the end of March, 2020	$2,235,585
	Highest Monthly Plant Income (February, 2020)	$350,000
	Lowest Monthly Income (January, 2020)	$175,000
	Average Monthly Income	$265,000

The following table provides plant income for the remaining period of the current financial year and additional bulk bookings to be made for plant items to achieve the budget figure.

	Description	Amount
	Plant Income at the end of March, 2020	$2,235,585
	Current Shortfall – Budget less actual YTD	$ (1,184,415)
	Forecast Plant Income from April to June, 2020	$1,050,000
	Booking for Plant items with usage significantly below benchmark hours	$115,000
	Forecast Plant Income for 2019/20	$3,400,585

Proposed additional Plant Income

It is proposed to achieve the following income for the various categories of plants listed below by booking the usage to relevant work order numbers or to relevant operational areas.

Plant Category		Proposed Income
Skid Steer		$11,000
Forklift		$2,000
Garbage Compactor		$52,000
Minor Plant		$17,000
Trailers		$6,000
Trucks		$13,000
Light Vehicles		$14,000

Total		$115,000

The Forecast Plant Income is projected to be a shortfall of $20,000 below original 19/20 Budget.

Within the Plant Replacement Program, the Gundagai garbage truck has never been part of the plant fund and will be replaced from the Waste reserve, reducing the cost to the plant fund by approximately $400k required in the coming quarter. This adjustment will be included in the March QBR, and that a revised Plant Replacement Programme is the focus of ongoing meetings, with a final draft to be presented to the May meeting. Items of plant will be identified for disposal based on usage, during upcoming discussions.

REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
AUTHORISING OFFICER	Phillip 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 31 March 2020

DOCUMENT NUMBER	325185
AUTHORISING OFFICER	Phillip McMurray, General Manager
REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
ATTACHMENTS	Nil

DOCUMENT NUMBER	325770
REPORTING OFFICER	Charlie Sheahan, Councillor
AUTHORISING OFFICER	Phillip McMurray, General Manager

DOCUMENT NUMBER	325895
REPORTING OFFICER	Leigh Bowden, Councillor
AUTHORISING OFFICER	Phillip McMurray, General Manager