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Minutes Ordinary Council Meeting
Alby Schultz Centre, Cootamundra
6:00 PM, Tuesday 27th October, 2020
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Alby Schultz Centre, Cootamundra
6:00 PM, Tuesday 27th October, 2020
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
27 October 2020 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Centre, Cootamundra
ON Tuesday, 27 October
2020 AT 6:00
PM
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 (Via Teams), Cr Charlie Sheahan, Cr Craig Stewart (Via Teams)
IN ATTENDANCE: Phil McMurray (General Manager), Kay Whitehead (Interim Deputy General Manager), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities)
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 is not held due to the covid-19 pandemic restrictions
No submissions to be read aloud at the Meeting were received.
Nil
Cr Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 11.2 Lot 1 Turners Lane Cootamundra due to the sale of work vehicles to the proprietor of the business operating at the site.
Cr Kelly disclosed a Significant Non-Pecuniary Interest in item 11.2 Lot 1 Turners Lane Cootamundra due to a family member employed by the proprietor of the business operating at the site.
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 September 2020 |
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Resolution 305/2020 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday, 29 September, 2020 be confirmed as a true and correct record of the meeting. |
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5.2 Minutes of the Extraordinary Meeting of Council held on Tuesday 6 October 2020 |
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Resolution 306/2020 Moved: Cr David Graham Seconded: Cr Gil Kelly The Minutes of the Extraordinary Meeting of Council held on Tuesday, 6 October, 2020 be confirmed as a true and correct record of the meeting. |
6 Mayoral Minutes
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Resolution 307/2020 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan The information in the Mayoral Minute be received and noted. |
7 Reports from Committees
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7.1 Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 2020 |
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Resolution 308/2020 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden 1. The Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 2020 (attached) are submitted for adoption. 2. Council prioritise the upgrade of the footpath on the western side of Sutton Street, between Hurley and Mackay Streets, so it joins the existing footpath leading to the town centre. 3. The works be prioritised as a matter of urgency 4. A list of foot path works be provided to Council |
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8.1.1 Boundary Commission's Public Enquiry into the Demerger Proposal Affecting Cootamundra-Gundagai Regional Council |
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Resolution 309/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Report on the Boundaries Commission Public Inquiry into the Demerger Proposal Affecting Cootamundra-Gundagai Regional Council be received and noted. 2. The Mayor, Deputy Mayor, and General Manager be nominated as representatives at each NSW Local Government Boundaries Commission’s first community consultation session, in both Cootamundra and Gundagai, as detailed in the report. 3. The NSW Local Government Boundaries Commission be advised that Council will be making representations at each first NSW Local Government Boundaries Commission’s community consultation session in both Cootamundra and Gundagai. 4. The Local Government Boundaries Commission be advised of the Councillors nominated to be representatives at the remaining NSW Local Government Boundaries Commission’s community consultation sessions in both Cootamundra and Gundagai, as detailed in the report. · Cr Sheahan represent Council at the 2nd Cootamundra session · Cr Stewart represent Council at the 3rd Cootamundra session · Cr Bowden represent Council at the 2nd Gundagai session · Cr Graham represent Council at the 3rd Gundagai session · Cr Nicholson represent Council at the 4th Gundagai session 5. That the Deloittes Report, in full, be made available to the Council. 6. That Local Government Boundaries Commission be requested to make their findings and recommendations to the NSW Government public. |
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8.1.2 Meeting Dates for Ordinary Meetings of Council for 2021 |
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Resolution 310/2020 Moved: Cr Gil Kelly Seconded: Cr David Graham 1. The Ordinary Meetings of Council remain on the last Tuesday of the Month from January to November at 6:00pm. 2. The Ordinary Meeting held in December remain on the second Tuesday at 6:00pm. 3. The current arrangement of alternating meetings between Cootamundra and Gundagai remain. |
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Resolution 311/2020 Moved: Cr David Graham Seconded: Cr Leigh Bowden The tabling of pecuniary interest returns from Councillors and designated persons be noted. |
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Resolution 312/2020 Moved: Cr Penny Nicholson Seconded: Cr David Graham The draft Agency Information Guide (AIG), attached to the report, be adopted. |
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8.1.5 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 313/2020 Moved: Cr Doug Phillips Seconded: Cr Leigh Bowden The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 24 September, 2020, attached to the report, be received and noted. |
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8.1.6 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
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Resolution 314/2020 Moved: Cr Craig Stewart Seconded: Cr Charlie Sheahan 1. The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 10 August, 2020, attached to the report, be received and noted. 2. The Muttama Creek Regeneration Group be recognised for the good work being undertaken at the creek. |
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8.1.7 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes |
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Resolution 315/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Minutes of the Cootamundra Tourism Action Group held 1st October, 2020 attached to the report, be received and noted. 2. A further report come back to Council detailing costings and details from appropriate managers in relation to the recommendations detailed in the report. |
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Resolution 316/2020 Moved: Cr Charlie Sheahan Seconded: Cr Leigh Bowden The Updated Council Meeting Action Report be noted. |
8.2 Finance
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8.2.1 Special Rate Variation - Notification of Intention to Apply |
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Resolution 317/2020 Moved: Cr David Graham Seconded: Cr Leigh Bowden IPART be notified of Council’s intention to apply for a Special Rate Variation (SRV) under Section 508(A) of the Local Government Act, 1993 to be retained permanently in the rate base. |
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Resolution 318/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The draft Concealed Water Leak policy attached to the report be endorsed. |
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Resolution 319/2020 Moved: Cr David Graham Seconded: Cr Doug Phillips The Finance Report for September, 2020 be received and noted. |
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8.2.4 Updated Monthly Major Projects Program and Projects Schedule |
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Resolution 320/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The Updated Monthly Major Projects Program Report, and Updated Monthly Major Projects Schedule, attached to the report, be received and noted. |
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Resolution 321/2020 Moved: Cr David Graham Seconded: Cr Doug Phillips The Investment Report for September 2020 be received and noted. |
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8.3.1 List of local Arts and Cultural Groups across the Cootamundra and Gundagai Local Government Area |
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Resolution 322/2020 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. Council adopt this preliminary list, as the Arts & Cultural Groups across the Local Government Area and invites further groups to contact Council for inclusion on the Arts & Cultural Groups. 2. The Community and Culture team actively engage with these committees to: I. build and sustain partnerships; II. support groups activities; and III. assist groups to secure funding for arts and cultural development in the local government area. |
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Resolution 323/2020 Moved: Cr Gil Kelly Seconded: Cr David Graham Council support the Regional Connectivity Program application of local internet service provider Wi-Sky to provide internet coverage to over 95% of the local government area, through the provision of a letter of support to Wi-Sky for any grant application submitted through the Regional Connectivity Program if requested however no financial contribution. |
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Resolution 324/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. A ClubGRANTS Local Advisory Committee be formed in accordance with the required structure as detailed in the report, to meet four times per year. 2. The Manager Community and Culture be representative of Council on the ClubGRANTS Local Advisory Committee. |
8.4 Development, Building and Compliance
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8.4.1 Development Application 2020/131 - Use Fish as a Feedstock for Existing Rendering Plant - Lot 1 DP611755, 572 Stockinbingal Rd Cootamundra |
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Resolution 325/2020 Moved: Cr Dennis Palmer Seconded: Cr David Graham Council approve the following development, subject to the consent conditions below: Application Number: DA2020/131 Property: Lot 1 DP611755 572 Stockinbingal Road COOTAMUNDRA NSW 2590 Development: Livestock Processing Industry – use of fish as feedstock for existing rendering plant A. Administrative Conditions Compliance with Council 1. 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.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council. Payment of Section 7.12 Contribution 2. The applicant shall be a levy as applicable under Council’s adopted Section 7.12 Contributions Plan. The applicable rate is 1% of the development costs as follows: Cost of Development $700,000 x 1% = $7,000 contribution payable. Reason: To ensure that all development pays the applicable fees as a contribution to the provision of community facilities. Compliance with Legislation 3. 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. Parameters of Consent 4. 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. Inconsistencies between approved plans and documents, conditions of consent and licence 5. In the event of an inconsistency between the documents and/or plans referred to above, the latter documents and/or plans, shall prevail to the extent of the inconsistency. Reason: To provide clarity to the hierarchy and importance of documents in the consent. 6. In the event of an inconsistency between the conditions of this consent and the documents and/or plans referred to above, then the conditions of this consent shall prevail to the extent of the inconsistency. Reason: To ensure that conditions of consent prevail. B. During Operations of the Facility Render Fish Only 7. 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. Hours of Operation 8. During the time that this consent is operational, plant operations are restricted to the hours of 12:00am Monday to 11:59pm Saturday. No operations shall occur on Sundays or Public Holidays. Reason: To protect the amenity of the neighbourhood. Validation Report 9. The applicant shall submit to Council an Odour Control System Validation Assessment Report within forty-eight (48) days of the commencement of operations at the site. The Assessment is to be completed with the first six weeks of operation. Reason: To protect the receiving environment and monitor the effectiveness of odour mitigation measures. Temperature Control of Feedstock 10. 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 load that is delivered to site upon delivery and at unloading. Reason: To maintain product integrity and limit odour generation. Waste Storage and Disposal 11. All waste generated from the process onsite (i.e. fish product unsuitable for processing) shall be stored in a bunded area with an impermeable surface and shall be removed from the site and disposed of at a waste management facility lawfully permitted to accept the waste. 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. Truck Washing 12. 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.
Bunding of Processed Material 13. 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. Complaints Management System 14. 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 are implemented, and the community informed of the rectification actions. Records 15. 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. Irrigation Areas 16. 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. Amenity 17. The development is to be conducted in a manner that will not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, by causing interference to television or radio reception or otherwise. Reason: So that the development does not reduce the amenity of the area. Monitoring 18. 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. Amendment to Environment Protection Licence (EPL) 19. Prior to the modification being acted upon, the Applicant shall apply to the Environment Protection Authority for a variation to Environment Protection Licence No. 3889, and the licence variation shall be approved. Reason: Requested by Environment Protection Authority to ensure that activities carried out onsite are consistent with the Environment Protection Licence. Environment Protection Authority General Terms of Approval 20. The operation of the site must be done in accordance with the General Terms of Approval issued by the Environment Protection Authority in Attachment A, which form part of this consent (Notice No. 1600465). Reason: Legislative requirement to comply with the provisions of the Protection of the Environment Operations Act, 1997. Management of Negative Pressure 21. The applicant shall ensure that negative pressure is maintained within the rendering plant at all times, except when loading of raw feedstock material occurs. Staff are not permitted to open doors to allow greater air exchange. Reason: To ensure that odour management is maintained in accordance with the limits contained in the EPL. Spray Irrigation of Biofilter 22. The applicant shall implement the minimum spray irrigation program as recommended in The Odour Unit report. Reason: To maintain optimum bed moisture and ensure sustainable biofilter bed operation.
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Resolution 326/2020 Moved: Cr David Graham Seconded: Cr Dennis Palmer The information on Development Applications Approved in September 2020 be noted. |
8.5 Regulatory Services
Nil
Nil
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8.7.1 Civil Works and Technical Services Report - October 2020 |
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Resolution 327/2020 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips The Civil Works and Technical Services Report for the month of October 2020 be received. |
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8.7.2 Aerodrome Users Group - Meeting Notes held on 13 October 2020 |
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Resolution 328/2020 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden That Council: 1. Write to Aerodrome users seeking nominations to convene an Aerodrome Advisory Committee, and if sufficient interest is received, Council convene the committee; 2. Undertake preliminary investigation of options for an annual fee structure for discussion with Aerodrome users/Aerodrome Advisory Committee; 3. Consider the establishment of a working relationship with the Aircraft Owners & Pilots Association (AOPA) and local pilots to form a partnership with Council to host an annual AOPA event; 4. Ensure the Cootamundra Aerodrome and its proximity to town is promoted on Council’s website and social media platforms; and 5. Landing fees contained in Council’s 2020/21 revenue policy not be levied. |
Nil
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8.9.1 Update for Gundagai Parks and Gardens - September 2020 |
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Resolution 329/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The Works Update for Gundagai Parks and Gardens – September 2020 be received and noted. |
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Resolution 330/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Report on the Gundagai Sporting User Groups be received and noted. 2. The Gundagai Cricket Club - Financial contributions and the Gundagai- Adelong Junior Rugby League - Financial contributions be received and noted. 3. The proposed fees detailed in the report be advertised for a period of 28 days for public comment. 4. Council undertake further investigation on usage and charges and prepare a report to be submitted at a future meeting for the consideration of Council. |
8.10 Waste, Parks and Recreation
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8.10.1 Feasibility of a Waste Transfer Station at Adjungbilly |
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Resolution 331/2020 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips 1. The report on the Feasibility of a Waste Transfer Station for Adjungbilly be received and noted. 2. A further report be prepared and submitted for the consideration of Council to the Ordinary Meeting scheduled to be held 8th December, 2020. |
9 Motion of which Notice has been Given
Nil
Nil
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Resolution 332/2020 Moved: Cr Charlie Sheahan Seconded: Cr Leigh Bowden 1. Item 11.2 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 Item 11.2 be withheld from the press and public. 11.2 Lot 1 Turners Lane Cootamundra Provisions for Confidentiality Section 10A (2) (e) – The Confidential Report contains information that would, if disclosed, prejudice the maintenance of law. Public Interest It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community. |
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Note: Having disclosed a Significant Non-Pecuniary interest in item 11.2 Lot 1 Turners Lane Cr Palmer (Deputy Mayor) and Cr Kelly left the meeting. |
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Resolution 333/2020 Moved: Cr Charlie Sheahan Seconded: Cr David Graham 1. The Report on Lot 1 Turners Lane Cootamundra, JLW Contract of Sale Turners Lane Cootamundra and Inland Power Solutions Customer Estimate and Diagram, attached to the report be received and noted. 2. Council agree to funding 50%, to a maximum of $35,000, of the cost of relocating of the overhead power lines to the boundary upon settlement of the Contract of Sale of $412,500. 3. Council delegate authority to the General Manager to execute any documentation in relation to concluding the sale. |
11.3 Resumption of Open Council Meeting
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Resolution 334/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden The Open Council meeting resume. |
11.4 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 8:52 PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 November 2020.
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CHAIRPERSON GENERAL MANAGER