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Minutes Ordinary Council Meeting
Alby Schultz Centre, Cootamundra
6:00 PM, Tuesday 8TH DECEMBER, 2020
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Alby Schultz Centre, Cootamundra
6:00 PM, Tuesday 8TH DECEMBER, 2020
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
8 December 2020 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Centre, Cootamundra
ON Tuesday, 8 December
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, Cr Charlie Sheahan, Cr Craig Stewart (attended via Teams)
IN ATTENDANCE: Phil McMurray (General Manager), Kay Whitehead (Interim Deputy General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services) and Wayne Bennett (Manager Waste, Parks & Recreation Services).
The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.
2 Open Forum is not held due to Covid-19 restrictions
List of submissions received.
1. Nina Piotrowicz – Submission received in relation to
2. Mr and Mrs Doughty – Submission received in support of the proposed Cootamundra Tumblong Rail Trail.
Nil
Cr Phillips Disclosed a Non Pecuniary Interest in item 8.10.2 'Your High Street' Grant Program as he is a partner of a business situated on Parker Street Cootamundra.
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 24 November 2020 |
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Resolution 382/2020 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday 24 November 2020 be confirmed as a true and correct record of the meeting. |
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6.1 Mayoral Minute - Councillor Engagement for December, 2020 |
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Resolution 383/2020 Moved: Cr Leigh Bowden Seconded: Cr David Graham The information in the Mayoral Minute be received and noted. |
Nil
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8.1.1 CGRC Rates and Charges Hardship and CGRC Debt Recovery Policy Review |
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Resolution 384/2020 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly 1. Council place the CGRC Rates and Charges Hardship Policy and the CGRC Debt Recovery Policy on public exhibition for a period of 28 days as part of the Special Rate Variation community consultation. 2. Council endorse the adoption of the reviewed policies without further report to Council if no submissions are received during the exhibition period. |
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Resolution 385/2020 Moved: Cr Dennis Palmer Seconded: Cr David Graham The report on Code of Conduct complaint statistics for the period 1st September, 2019 to 31st August 2020, be received and noted. |
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Resolution 386/2020 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer 1. Council to discuss the s.355 Committee report and endorse a best practice process moving forward. 2. The Cootamundra-Gundagai Regional Council Section 355 Committees Management Manual be amended to reflect the change of Council membership on s355 committees and a further report be prepared and submitted for the consideration of Council at the Ordinary Meeting to be held 27th January, 2021. |
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8.1.4 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes and Membership |
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Resolution 387/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. The Minutes of the Cootamundra Heritage Centre Management s.355 Committee ordinary meeting held on 2nd November, 2020, 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 2nd November, 2020, attached to the report, be received and noted. 3. The office bearers of the Cootamundra Heritage Centre Management s.355 Committee as detailed in the report, be endorsed for 2021. |
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8.1.5 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 388/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart 1. The Minutes of the Ellwood’s Hall s.355 Committee Ordinary Meeting held on 26th November, 2020 attached to the report, be received and noted. 2. The letter from Ellwood’s Hall s.355 Committee, titled ‘Maintenance of the Kitchen’, attached to the report, be received and noted. |
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8.1.6 Muttama Hall Management s.355 Committee Meeting Minutes |
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Resolution 389/2020 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips The Minutes of the Muttama Hall Management s.355 Committee meeting held on 17th September 2020, attached to the report, be received and noted. |
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8.1.7 The Art Centre Cootamundra s.355 Committee Meeting Minutes |
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Resolution 390/2020 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer The Minutes of The Art Centre Cootamundra s355 Committee meeting held on 19 November 2020, attached to the report, be received and noted. |
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Resolution 391/2020 Moved: Cr David Graham Seconded: Cr Penny Nicholson Due to the Australia Day Holiday the Ordinary Meeting of Council scheduled for Tuesday the 26th January 2021, be moved to Wednesday the 27th January, 2021. |
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Resolution 392/2020 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips The Updated Council Meeting Action Report be noted. |
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Resolution 393/2020 Moved: Cr Penny Nicholson Seconded: Cr Charlie Sheahan The correspondence included in the Information Bulletin, attached to the report, be received and noted. |
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8.2.1 Updated Monthly Major Projects Program and Projects Schedule |
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Resolution 394/2020 Moved: Cr Gil Kelly 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 395/2020 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips The Investment Report for November 2020 be received and noted. |
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8.3.1 Old Gundagai Gaol NSW Heritage Listing and Masterplan Ammendment |
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Resolution 396/2020 Moved: Cr Doug Phillips Seconded: Cr Penny Nicholson 1. Council amend the Old Gaol Masterplan adopted RESOLUTION 287/2019 to incorporate the attached plans MP4 & MP8. 2. Council seek funding through the Caring for State Heritage Grants for repairs to the residence and layout changes as outlined in MP4 & MP8 to allow reactivation of the residence for accommodation. 3. A matched contribution of up to $30,000 be funded from funds held by Council in Trust on behalf of the Friends of Old Gundagai Gaol for use towards Capital Works and/or promotion of the Gaol. 4. Council receive and note correspondence in the NSW Government Gazette 297 regarding listing of the Old Gundagai Gaol under Section 57(2) of the NSW Heritage Act 1977. |
8.4 Development, Building and Compliance
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Resolution 397/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The information Report on Development Applications Approved in November 2020 be received and noted. |
Nil
Nil
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8.7.1 Civil Works and Technical Services Report - December 2020 |
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Resolution 398/2020 Moved: Cr David Graham Seconded: Cr Craig Stewart The Civil Works and Technical Services Report for the month of December 2020, be received and noted. |
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8.7.2 Proposed Projects for Local Roads Community Infrastructure Program |
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Note: On page 143 the replacement of footpath along Muttama Creek between Mackay Street and Thompson Street Cootamundra for the amount, of $120,000 was amended to $118,700. |
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Resolution 399/2020 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The Proposed Cootamundra area Projects, as listed in the table Included in the report, be approved for inclusion in the Local Roads and Community Infrastructure (LRCI) program – Extension. |
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8.7.3 2021-21 Roads to Recovery Program and Fixing Local Roads Funding Program |
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Note: the following corrections were made at the Meeting: · Mackay Street costing of $255,000 was incorrect and amended to $275,000. · Salt Clay Road on pages 145 and 147 should have read Salt Clay Lane. |
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Resolution 400/2020 Moved: Cr Doug Phillips Seconded: Cr Dennis Palmer 2020-21 Roads To Recovery Program: Council endorse the allocation of the 2020/21 Roads To Recovery funding to the nominated projects below: Mackay Street $275,000 Old Gundagai Road $155,000 Muttama Road REPAIR project $160,000 Fixing Local Roads Funding Program: 1. Council endorse the following projects: Warralong Road, Brawlin Road, Salt Clay Lane and French Street, Cootamundra and West/Punch Streets intersection, West/Hanley Streets intersection Gundagai, as detailed in the December 2020 Council Meeting Report, for nomination in the next round of the Fixing Local Roads Funding Program; 2. Council commit a 25% contribution to the nominated projects. |
Nil
8.10 Waste, Parks and Recreation
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8.10.1 Purchase of Skid Steer Loader for the Cootamundra Landfill Facility |
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Resolution 401/2020 Moved: Cr Craig Stewart Seconded: Cr Charlie Sheahan 1. Report on the proposed purchase of a Skid Loader for the Cootamundra Landfill Management Facility be Received and noted. 2. Council approve the process to purchase a solid wheeled Skid Loader on the basis: I. That the purchase price of up to $150,000 (exc. GST) be funded from the Waste Reserves, noting that installation of new office and amenities will be approximately $100,000 under budget, and there is approximately $1 million in the Waste Reserves. II. Once the ‘Request for Quotation’ process has been undertaken, a full report on quotations received, be prepared and submitted for the consideration of Council. |
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Note: Cr Phillips disclosed a Non Pecuniary Interest in item 8.10.2 'Your High Street' Grant Program and remained in the meeting. |
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Note: Through a show of hands Council voted the Gundagai Sheridan Street redevelopment as the project to be submitted for funding through the Department of Planning, Industry and Environment “Your High Street” Grant Program. The results of the vote follow: Cootamundra Parker Street Redevelopment – 4 Gundagai Sheridan Street Redevelopment – 5 Wallendbeen King Street Redevelopment – 0 |
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Resolution 402/2020 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips 1. The ’Your High Street’ Grant Program be accepted and noted. 2. Council reviewed the three proposed projects in the report and endorsed the Gundagai Sheridan Street Redevelopment to be submitted for consideration through the Your High Street Program .
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9 Motion of which Notice has been Given
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Resolution 403/2020 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly That CGRC formally write to the Shooters Fishers and Farmers Party who are the proponents of the amendment Bill to the Dividing Fences Act, strongly requesting that any such amendment excludes Local Roads fencing. |
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Resolution 404/2020 Moved: Cr Charlie Sheahan Seconded: Cr Leigh Bowden Council develop a Climate Action Plan to assess energy use and efficiency, to better plan risk management with climate change, and to save costs and reduce emissions. |
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9.3 Notice of Motion - Development of the Proposed Rail Trail Between Cootamundra and Tumblong - Late Report |
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Resolution 405/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly That all activity related to the development of the proposed Rail Trail between Cootamundra and Tumblong be immediately ceased and the project be abandoned.
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8.9.1 Proposed Projects for Local Roads Community Infrastructure Program – Late Report |
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Resolution 406/2020 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips The Proposed Gundagai Area projects as listed in the table contained in the report, be approved for application in the Local Roads and Community Infrastructure (LRCI) program - Extension |
Nil
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Resolution 407/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. Items 11.2 and 11.3 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 and 11.3 be withheld from the press and public. 11.2 Replacement of two (2) Rollers, Cootamundra Provisions for Confidentiality Section 10A (2) (d(i)) – The Confidential Report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 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 South West Fuels Electricity Provision Financial Considerations Provisions for Confidentiality Section 10A (2) (g) – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Public Interest It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community. 11.4 Replacement of Garbage Compactor, Gundagai Provisions for Confidentiality Section 10A (2) (d(i)) – The Confidential Report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Public Interest It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.
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Resolution 408/2020 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips 1. The Report for the replacement of two Rollers, Plant Nos 2306 and 2307 be received and noted. 2. The quotation amount of $271,370 (Inc. GST after trade in) received from Construction Equipment Australia for the purchase of two Dynapac Rollers be accepted. 3. The trade in offer received from Construction Equipment Australia for the Bomag 2010 BW 216 D-4 Smooth Drum Roller, Plant No 2306 be accepted. 4. The trade in offer received from Construction Equipment Australia for the Ammann 2012 ASC 150 D Smooth Drum Roller Plant No 2307 be accepted. |
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11.3 South West Fuels Electricity Provision Financial Considerations |
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Resolution 409/2020 Moved: Cr Gil Kelly Seconded: Cr David Graham That: 1. Council advise SWF Coota Pty Limited that it has no power to waive payment of development contributions pursuant to DA2018/18 and those contributions must be paid in accordance with the conditions of consent for DA2018/18 and the Environmental Planning & Assessment Act 1979; 2. Council advise SWF Coota Pty Limited that it will consider the claims made in its lawyer’s letter of 20 October 2020 in respect of alleged representations made by Council officers; 3. Council request SWF Coota Pty Limited to provide documentary evidence to support the claims set out in their lawyers letter of 20 October 2020 to enable it to give proper consideration to those claims. |
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Resolution 410/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Report for the replacement of the Gundagai Garbage Truck, Plant No 3101 be received and noted. 2. The quotation amount of $383,635.09 (Inc. GST) received from Wagga Trucks (Volvo) for the purchase of a replacement Garbage Truck be accepted. 3. The trade in offer received from Wagga Trucks for $28,000, Plant No 3101 be accepted. |
11.5 Resumption of Open Council Meeting
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Resolution 411/2020 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips The Open Council meeting resume. |
11.6 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 8:14 PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27th January, 2021.
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CHAIRPERSON GENERAL MANAGER