Agenda of Ordinary Council Meeting

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).

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 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.

3 Apologies

Nil

4 Disclosures of Interest

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.

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 24 November 2020

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.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement for December, 2020

Resolution 383/2020

Moved: Cr Leigh Bowden

Seconded: Cr David Graham

The information in the Mayoral Minute be received and noted.

Carried

7 Reports from Committees

Nil

8 General Manager’s Report

8.1 Business

8.1.1 CGRC Rates and Charges Hardship and CGRC Debt Recovery Policy Review

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.

Carried

8.1.2 Code of Conduct Complaint Statistics

Resolution 385/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

The report on Code of Conduct complaint statistics for the period 1^st September, 2019 to 31^st August 2020, be received and noted.

Carried

8.1.3 Section 355 Committees of Council

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 27^th January, 2021.

Carried

8.1.4 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes and Membership

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 2^nd 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 2^nd 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.

Carried

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

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 26^th 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.

Carried

8.1.6 Muttama Hall Management s.355 Committee Meeting Minutes

Resolution 389/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Doug Phillips

The Minutes of the Muttama Hall Management s.355 Committee meeting held on 17^th September 2020, attached to the report, be received and noted.

Carried

8.1.7 The Art Centre Cootamundra s.355 Committee Meeting Minutes

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.

Carried

8.1.8 Change of date for January 2021 Ordinary Meeting

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 26^th January 2021, be moved to Wednesday the 27^th January, 2021.

Carried

8.1.9 Updated Council Meeting Action Report

Resolution 392/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Doug Phillips

The Updated Council Meeting Action Report be noted.

Carried

8.1.10 Information Bulletin

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.

Carried

8.2 Finance

8.2.1 Updated Monthly Major Projects Program and Projects Schedule

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.

Carried

8.2.2 Investment Report - November 2020

Resolution 395/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

The Investment Report for November 2020 be received and noted.

Carried

8.3 Community and Culture

8.3.1 Old Gundagai Gaol NSW Heritage Listing and Masterplan Ammendment

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.

Carried

8.4 Development, Building and Compliance

8.4.1 Development Applications Approved November 2020

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.

Carried

8.5 Regulatory Services

Nil

8.6 Assets

Nil

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - December 2020

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.

Carried

8.7.2 Proposed Projects for Local Roads Community Infrastructure Program

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.

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.

Carried

8.7.3 2021-21 Roads to Recovery Program and Fixing Local Roads Funding Program

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.

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.

Carried

8.8 Technical Services

Nil

8.9 Facilities

8.10 Waste, Parks and Recreation

8.10.1 Purchase of Skid Steer Loader for the Cootamundra Landfill Facility

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.

Carried

8.10.2 'Your High Street' Grant Program

Note: Cr Phillips disclosed a Non Pecuniary Interest in item 8.10.2 'Your High Street' Grant Program and remained in the meeting.

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

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 .

Carried

9 Motion of which Notice has been Given

9.1 Notice of Motion - The Dividing Fences Act

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.

Carried

9.2 Notice of Motion - Towards Net Zero

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.

Carried

9.3 Notice of Motion - Development of the Proposed Rail Trail Between Cootamundra and Tumblong - Late Report

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.

Carried

8.9.1 Proposed Projects for Local Roads Community Infrastructure Program – Late Report

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

Carried

10 Questions with Notice

Nil

11 Confidential Items

11.1 Confidential Items

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

Carried

11.2 Replacement of two (2) Rollers, Cootamundra

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.

Carried

11.3 South West Fuels Electricity Provision Financial Considerations

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.

Carried

11.4 Replacement of Garbage Compactor, Gundagai

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.

Carried

11.5 Resumption of Open Council Meeting

Resolution 411/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

The Open Council meeting resume.

Carried

11.6 Announcement of Closed Council Resolutions

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

The Meeting closed at 8:14 PM.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27^th January, 2021.

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

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

27 January 2021

8.2 Finance

8.2.1 Draft Local Government Amendment (Rating) Bill 2021

DOCUMENT NUMBER

342197

REPORTING OFFICER

Phillip Chapman, Accounting Officer

AUTHORISING OFFICER

Matt Stubbs, Acting 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. Message from the Minister - Draft Local Government Amendment - Rating Bill - Dated 22.12.2020 ⇩

2. Circular - Draft Bill on Local Government Rating Reform - dated 22.12.2020 ⇩

3. Consultation Guide to Local Government Rating Reform ⇩

Recommendation

1. The Report on the Draft Bill on Local Government Rating Reform and correspondence from the Office of Local Government, attached to the report be received and noted.

2. Council respond to each item in terms of the Consultation Guide.

3. These responses be conveyed to the Minister

Introduction

Council received advice dated 22 December, 2020, from the Minister for Local Government, the Hon. Shelley Hancock advising New South Wales councils of the release of the Draft Local Government Amendment (Rating) Bill 2021 (Draft rates Bill to ensure flexibility and fairness in the State’s rating system), attached to the report.

Further correspondence dated 22^nd December, 2020 in the form of a Circular by the Office of Local Government, attached to the report, provides a summary of the Draft Bill on local government rating reform of the Local Government Act, 1993 (the Act).

The Minister has invited all councils’ to provide feedback via responses in the consultation guide “Towards a Fairer Rating System” (the Guide), attached to the report. Submissions will be received until close of business 5^th February, 2021.

The feedback requested is in the form of “Do you agree ….. Yes, No, Neutral” responses, found on pages 12, 14, 16, 18, 19, 21, 23, 25, 27, 29, 30, 32, 34 of the Guide, to each of the proposed amendments, with a small provision for comment on pages 37-42.

Discussion

Each of the proposed amendments to the Act are itemised hereunder, with comment to enable further discussion by Council.

Note that most of the proposed amendments will be more of an issue for city, suburban and larger urban councils, rather than smaller country councils.

Allowing Gradual Rates Harmonisation

At its Ordinary Meeting held 30^th June, 2020 (Min. no.168/2020) Cootamundra-Gundagai Regional Council (CGRC) adopted rates harmonisation, thus this is moot for CGRC. However, this proposal may have been a consideration for CGRC if it was in place at the time of harmonisation, to lessen the dramatic detrimental effects of harmonisation felt by many ratepayers in former rate categories and sub-categories of the two former shire councils. It is thus in principle a sensible proposal for those merged councils that elected to defer harmonisation to the 2021/2022 financial year.

Allowing Councils to Levy Special Rates for Jointly Funded Infrastructure

Superficially this appears to be a reasonable proposal, enabling a special rate to be levied for jointly funded infrastructure, and for the revenue generated from the special rate to be excluded from maximum permissible income from general rates.

It would be particularly helpful for Local Government Areas (LGA’s) experiencing rapid growth, with infrastructure required that is not funded by received Developer Contributions.

However, there is the concern that it may be yet another move toward cost-shifting infrastructure funding to Local Government, for projects that may have been once entirely or mostly funded by Commonwealth or State.

Allowing councils to set different residential rates in contiguous urban areas

This is directly aimed at city and large urban councils, as the existing provision that allows different residential rates to be set by centre of population is still available for rural and regional councils to reflect the different access to, demand for, or cost of providing services and infrastructure, for example the various different sub-categories in the rating structure of the former Cootamundra Shire Council area.

Creating a New Rating Category for Environmental Land

Throughout the state, there has been a significant increase in privately owned land that is set aside for environmental purposes.

In many cases, the owners of this land enter into conservation agreements, which currently in effect make this land exempt from rates, thus shifting the rate burden to other ratepayers. The valuation for rating purposes of the subject land is reduced proportionate to the area of the conservation agreements.

There are only a few existing conservation agreements in the CGRC area, and the effect of shifting the rate burden of this land to other ratepayers is currently very minimal.

However, CGRC as in other areas may possibly experience a significant increase in these conservation agreements and other environmental land over time, and the ability to levy some rates on these areas would alleviate the shifting of the burden, and perhaps consequently encourage potentially productive land to remain so.

Enabling Different Business Rates to be set for Industrial Land and Commercial Land

The guide states:

“This recognises that land where these activities take place have different access to, demand for, or cost associated with providing council services and infrastructure”

Note that these considerations, or statements, are at odds with CGRC’s guidance in the recent setting of base and differential rates, similarly to 3 above. (ie – CGRC’s guidance that the valuation of the land solely should reflect relative advantage or disadvantage, and thus the same rate should apply within a category throughout the shire area).

In theory, this is a sensible proposal, and whilst not explicitly stated in the guide, it would enable CGRC to consider the structural changes taking place in the economy generally, where enterprises in industrial areas are perhaps more able to adapt, while the traditional “high street” retail and service enterprises are more at risk , for example, from the changes to online shopping patterns.

This proposal may enable consideration of adjusting the burden of the rate revenue generated from business to reflect economic changes and challenges, and perhaps go some way to encouraging the retention of the traditional busy main streets.

Enabling Different Rates for Residential, Business or Mining Land that is Vacant

This is not a particularly sound proposal, given that for (eg) residential land development and sub-division there are already commonly sectional allowances given to developers, whereby the valuation for rating purposes on newly created lots is effectively significantly reduced, until such time as the land is sold or built on, when the allowances are removed.

The example below is from Council’s own residential land development:

Location Valuation Allowances Rates Levied Rates if no Allowances

Lawson Dr $65,100 $30,000 $478.45 $624.90

Historically in smaller rural LGA’s, vacant land has taken significant amounts of time to either sell or be built on, and there may be some justification for a lower rate to reflect this. However this is becoming less of an issue for developers and owners, with land now much more in demand in these areas than in the past.

Furthermore, setting a lower rate for vacant land may encourage land to “sit” for longer periods without being developed, and may in turn discourage developers and owners from proceeding with activity thus having detrimental economic effects.

Allowing Different Farmland Rates to also be set based on Geographic Location

This proposal may have assisted CGRC when harmonising rates, to help gradualise the effects on many landholders in the Farmland category.

However, as harmonisation has already occurred, it would be exceedingly difficult to now equitably apply.

There are no clear divisions of farmland areas within CGRC, with most of the same farming practices to some extent carried on throughout; with mainly traditional broadacres cropping in the north west areas, gradually changing to mixed farming and grazing, to then predominately traditional grazing in the south east.

The current application by CGRC of the same rate throughout the LGA is seen as perhaps the most equitable for farmland, given that the valuations for land in the less productive areas should in theory reflect that.

Removing Mandatory Rate Exemptions for Land with New Conservation Agreements

This ties in somewhat with the, previously mentioned, proposed new environmental land category and the related comments.

Removing Certain Mandatory Exemptions from Special Rates for Water and Sewerage

This does not apply to CGRC, as both of the former shire councils of CGRC have not levied special water & sewer rates since the introduction of Best Practice Pricing for Water & Sewerage Service in 2005/2006 financial year, and best practice pricing now applies throughout the LGA with no exemptions, and only some minor reductions given by Council Resolution for community assessments.

It is not known how many, if any, NSW councils still levy special water and sewerage rates, given that this Councils’ interpretation of the best practice principles was that the ability to levy rates was effectively removed.

Narrow Scope to Postpone Rates and let Councils Choose Whether to Write them off

Postponed Rates is a specific provision within the Act and there are no assessments within CGRC subject thereto.

It is effectively a “payment” concession rather than a rates reduction, as the rates continue to be levied and be owed at the normal amount, however the amount required to be paid by the ratepayer is reduced, until such time that the land is sold or subdivided.

The most common circumstance of postponed rates is where there is (for a simple, common example) an old couple living in their old house on perhaps several acres, and the area has been subject to rapid development and the property is now surrounded by land zoned for extensive multi-dwelling development, subdivision, etc., and the old couple only intend to continue to just reside there until the end. The land would consequently be considerably more valuable than its actual use by the old couple, and to make them pay the actual rates levied would force them into financial distress.

The provisions to apply postponed rates are very specific, and normally would only arise in metropolitan, coastal, and large regional cities “fringe” areas, e.g. south western Sydney.

Allow Councils to sell Properties for Unpaid Rates after Three Years

This is a positive concept, as the requirement that Councils must currently wait 5 years is becoming much more widely known in the community, with many people (particularly less scrupulous property purchasers) being less financially responsible than in years past, and perhaps keeping their mortgage payments up, but letting council payments go when funds are tight. This is causing increasingly significant debt recovery and cash flow issues for some councils.

Allowing Councils’ General Income to rise in line with Population Growth

A particularly good idea for metropolitan councils, where rate pegging has consistently not brought a sufficient increase in revenue to cope with rapidly increasing growth, density and concentration in population.

Encouraging Councils to Levy Rates on Mining Land to Reflect Additional Costs

Not currently an issue for CGRC, but may be in the future. In theory, (though this is not currently clearly specified as to amount or %), the mining rate should not be too much different to business rates, and currently it may not reflect the additional cost to councils in mining areas; e.g. increased infrastructure costs relative to heavy and other vehicle traffic.

Retaining the Rating Category for Business as the “Residual” Rating Category

This makes categorisation decisions easier (and defendable based upon legislation).

However, there are occasionally cases where flexibility might be good. CGRC has some examples of small parcels of “landlocked” land, that have no road, easement or right-of-way access and thus have no building “entitlement” as such, and thus can’t be categorised as Residential, and don’t meet the requirements to be categorised as Farmland, and must therefore be categorised as Business. It would perhaps be fairer and more equitable to be able to categorise this land in line with the surrounding land.

Requiring Councils to Report the Value of Exemptions they grant each year

Note that the consultation question requiring a response is “Do you agree with the proposal that councils report on the value of exemptions they choose to grant?”

CGRC does not choose to grant any rate exemptions. The only “exemptions” from ordinary rates in CGRC are for those assessments where the land is statutorily non-rateable or exempt (e.g. Churches and ARTC).

The practice of a council choosing to grant exemptions from rates for land that would otherwise be rateable is fraught with risk and invariably leads to issues and accusations, both legal and ethical, and the practice is at odds with the principles of rating and almost impossible to defend as not being a corrupt act.

With that said, it is considered a good requirement that Councils report the value of exemptions they choose to grant each year. It would go further to say that any of these exemptions also be detailed with the basis for the exemption given.

Ordinary Council Meeting Agenda

27 January 2021

8.4.2 Development Applications Approved December 2020

DOCUMENT NUMBER

341634

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Matt Stubbs, Acting 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 December, 2020 be noted.

Introduction

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

Discussion

The following development applications were approved by Cootamundra Gundagai Regional Council in December, 2020.

APP. NO.	PROPOSED DEVELOPMENT	PROPERTY DESCRIPTION
010.2020.216	New Subdivision - Strata	Lot 12 Sec A DP2203 Queen St Cootamundra
010.2020.200	New Awning	Lot 20 Sec B DP9530 Renehan St Cootamundra
010.2020.198	New Carport	Lot 1 DP304551 Hovell St Cootamundra
010.2020.196	Demolition of Existing Dwelling	Lot 2 Sec 4 DP758915 Eagle St Gundagai
010.2020.194	Continued Use of unapproved Dog Shelter & Driveway	Lot 2 Sec 4 DP758915 Eagle St Gundagai
010.2020.190	New Shed	Lot 19 DP834737 Harold Conkey Ave Cootamundra
010.2020.189	New Shed	Lot 1 DP1099416 Burra Rd Gundagai
010.2020.188	New Pergola	Lot 9 DP20405 Poole St Cootamundra
010.2020.187	New Carport	Lot 121 DP1151887 Ross Friend Pl Gundagai
010.2020.186	Demolition of Existing Dwelling	Lot 3 DP666117 Ursula St Cootamundra
010.2020.185	Change Of Use	Lot 3 DP663147 Parker St Cootamundra
010.2020.184	New Dwelling House	Lot A DP401421 Centenary Ave Cootamundra
010.2020.183	New Transportable Dwelling	Lot 314 DP751420 Nangus Rd Nangus
010.2020.180	Dwelling Alterations and Additions - New Awning	Lot 23 DP1085310 Cricket Ground Dr Gundagai
010.2020.179	New Fence	Lot 3 DP209034 Williams Ave Cootamundra
010.2020.174	New Transportable Dwelling	Lot 2 DP253638 Punch St Gundagai
010.2020.172	New Transportable Dwelling	Lot 7 Sec 25 DP759041 Bland St Wallendbeen
010.2020.161	New Carport	Lot 43 DP1092957 Mary Angrove Cres Cootamundra
010.2020.144	New Commercial Building	Lot 102 DP1059742 Mount St Gundagai
010.2020.116	New Transportable Dwelling	Lot 222 DP750619 Wood St Stockinbingal
DA2020.13.002	New Modification	Lot 12 Sec A DP2203 Queen St Cootamundra
VALUE OF WORK REPORTED TO THIS MEETING:			$1,763,038.00
VALUE OF WORK REPORTED YEAR TO DATE:			$10,659,371.00
THIS TIME LAST YEAR:
VALUE OF WORK –December 2019:			$815,377.00
VALUE OF WORK – YTD 2019:			$6,898,915.00

Ordinary Council Meeting Agenda

27 January 2021

8.6.2 Adoption Of Cootamundra Flood Study

DOCUMENT NUMBER

342147

REPORTING OFFICER

Ganesh Ganeshamoorthy, Manager Assets

AUTHORISING OFFICER

Matt Stubbs, Acting 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

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1. Cootamundra Flood Study - Final (under separate cover)

Recommendation

1. The Report on the Cootamundra Flood Study be received and noted.

2. The Cootamundra Flood Study, attached to the report, be adopted with the minor amendments as detailed in the report.

Introduction

At the Ordinary meeting held 24^th November, 2020, Council resolved (Min. no.349/2020) that the draft Cootamundra Flood Study be placed on public exhibition for 28 days. This report considers the submissions received during the public exhibition period, and recommends that Council adopt the amended Cootamundra Flood Study after considering the amendments detailed below.

The most significant amendment was made to Section5.3 Public Exhibition on page 36 in both the Draft and Final Reports. The amendment was made due to the inclusion of the result of the Public Exhibition period.

Other minor amendments included:

- A creative commons copyright statement was added at the start of the report on page 3.

- The date and the report status on the Report cover were updated and the ‘Draft’ water mark has been removed from the report.

- A reference to Appendix B was added to the footnote of table 25 on page 44 of the Final Study (page 43 in the Draft).

- Figures 52 – 54 had been incorrectly numbered and have been amended to reflect the headings of 51 – 53.

Discussion

No formal submissions were received as a part of the formal exhibition period.

However, the exhibition period included a “drop-in” session in the Alby-Shultz Meeting Room on the afternoon of 1 December, 2020. The consultant who prepared the flood study was present to discuss any issues with attendees. During this session, six residents attended. A precis of comments received during the “drop-in” session is below:

Topic	Precis	Comment
Understanding Flood Behaviour at Individual Properties	· This resident was seeking information on flood prone land and the flood planning area.	· New mapping will provide greater definition of the 1% AEP Flood Event.
Flood Protection Measures	· This resident was seeking information on flood protection measures that could be implemented on properties that are classified as Flood Prone.	· The upcoming Floodplain Risk Management Study and Plan will assess flood protection options. Additionally SES can assist residents.
Understanding the broader flood behaviour including the model representation of historical events	· The resident agreed that the flood model aligns with a general recollection of the 2016 and 1974 events.	· Calibration of the flood model reflects historical flood events.
Recent changes to flood behaviour	· Impacts of urbanisation can change flow paths and can result in significant run-off.	· The flood study reflects the impacts of current level of urbanisation.
Flooding in the Southee Circle area	· The Southee Circle area is low lying and information is provided in the flood study.	· Flood mapping includes the Southee Circle area.
Constraints presented by causeway and bridge crossings	· One resident stating they had seen hand calculations of the cross sectional area at each crossing with Poole Street being the smallest.	· Flood study includes surveyed information for each creek crossing.
Impact of vegetation in Muttama Creek	· Many residents have raised vegetation management of Muttama Creek as a significant issue.	· The upcoming Floodplain Risk Management Study and Plan will assess vegetation management options.
Changes to catchment conditions	· Prior channel diversion, loss of creek capacity due to illegal fill or erosion and sewer line obstructions were raised as an issue.	· The flood study models the current catchment conditions. · The upcoming Floodplain Risk Management Study and Plan will assess how future changes to the floodplain can be managed.
Detention Basins	· One resident wanted to understand detention basins and how they can improve flood behaviour.	· The upcoming Floodplain Risk Management Study and Plan will assess the viability of detention basins in the catchment.
Council’s actions in regards to flood mitigation	· A resident living 1 lot from the creek has been flooded a number of times, with 2016 being the worst. · Suggested that vegetation be managed. · Agreed that flood risk in this particular area cannot completely be removed.	· The NSW Government Floodplain Development Manual sets out the process for managing flood liable land implementing flood mitigation options. · The upcoming Floodplain Risk Management Study and Plan will assess floodplain management and flood mitigation options.

8.7 Civil Works

8.7.1 Aerodrome Advisory Committee

DOCUMENT NUMBER

342039

REPORTING OFFICER

Marianne McInerney, Personal Assistant to the General Manager

AUTHORISING OFFICER

Matt Stubbs, Acting 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

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1. The Report on the Proposed Aerodrome Advisory Committee be received and noted.

2. Council appoint a Representative to sit on the Proposed Aerodrome Advisory Committee.

Introduction

An Aerodrome User Group Meeting was held on Tuesday, 13^th October, 2020 between Council and users of the Cootamundra Aerodrome to discuss the best way forward for the user groups to continue to utilise the aerodrome whilst considering the financial burden for the maintenance of the aerodrome to Council.

As part of those discussion it was suggested that an Aerodrome Advisory Committee be established to facilitate improved communication between aerodrome users and Council. Furthermore, the group would work together, as a partnership, to determine the way forward to avoid establishing fees for users whilst lessening the financial burden to Council to maintain the facility.

The purpose of this report is for Council to consider the appointment of a member of Council to the Proposed Aerodrome Advisory Committee.

REPORTING OFFICER	Marianne McInerney, Executive Assistant to the General Manager
AUTHORISING OFFICER	Matt Stubbs, Acting 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 Extraordinary Meeting of Council held on Thursday 3 December 2020

DOCUMENT NUMBER	342119
AUTHORISING OFFICER	Matt Stubbs, Acting General Manager
REPORTING OFFICER	Abb McAlister, Mayor
ATTACHMENTS	Nil

DOCUMENT NUMBER	342122
REPORTING OFFICER	Leigh Bowden, Councillor
AUTHORISING OFFICER	Matt Stubbs, Acting General Manager

DOCUMENT NUMBER	342153
REPORTING OFFICER	Abb McAlister, Mayor
AUTHORISING OFFICER	Matt Stubbs, Acting General Manager

DOCUMENT NUMBER	342226
REPORTING OFFICER	Marianne McInerney, Executive Assistant to the General Manager
AUTHORISING OFFICER	Matt Stubbs, Acting General Manager