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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00 PM, Tuesday 23rd February, 2021
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00 PM, Tuesday 23rd February, 2021
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
23 February 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Meeting Centre, Cootamundra
ON Tuesday, 23
February 2021 AT 6:00 PM
PRESENT: Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), Cr Leigh Bowden, Cr David Graham, Cr Penny Nicholson, Cr Doug Phillips, Cr Charlie Sheahan, Cr Craig Stewart
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),
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.
Nil
Cr Kelly
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Resolution 034/2021 Moved: Cr Doug Phillips Seconded: Cr Dennis Palmer That item 8.2.1 Presentation of Audited Financial Statements be moved forward for the information of Council. |
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8.2.1 Presentation of Audited Financial Statements |
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Resolution 035/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson 1. That Mr Brad Bohun of Crowe deliver a presentation to Council on the Audited Financial Statements for the year ended 30th June 2020. 2. The General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules for the year ended 30th June 2020 be adopted following consideration of any submissions received. |
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5.1 Minutes of the Ordinary Meeting of Council held on Wednesday 27 January 2021 |
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Resolution 036/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The Minutes of the Ordinary Meeting of Council held on Wednesday, 27 January 2021 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 Wednesday 3 February 2021 |
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Resolution 037/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden The Minutes of the Extraordinary Meeting of Council held on Wednesday 3 February 2021 be confirmed as a true and correct record of the meeting. |
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5.3 Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 February 2021 |
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Resolution 038/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 February 2021 be confirmed as a true and correct record of the meeting. |
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Resolution 039/2021 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The information in the Mayoral Minute be received and noted. |
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7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 February 2021 |
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Resolution 040/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan 1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on 11 February, 2021, attached to the report, be received and noted. 2. Council consider the recommendations, if any, contained within the Minutes. |
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8.1.1 Building Better Regions Fund Round Five application for the Turners Lane Industrial Subdivision Development Cootamundra |
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Resolution 041/2021 Moved: Cr Leigh Bowden Seconded: Cr Doug Phillips 1. The Report of Funding for Turners Lane Industrial Subdivision Cootamundra be received and noted. 2. Council endorse an application to be prepared and submitted through the Building Better Regions Fund Round 5 for the Turners Lane Industrial Subdivision. |
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8.1.2 Delivery Program and Operational Plan Quarterly Progress Report |
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Resolution 042/2021 Moved: Cr Doug Phillips Seconded: Cr Dennis Palmer The Delivery Program incorporating the Operational Plan 2020/21, quarterly progress report, (2nd Quarter 1 October – 31 December, 2020), attached to the report, be received and noted. |
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Resolution 043/2021 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden 1. The Report on the Tumorrama Brigade Station Establishment and Correspondence in – Jon Gregory NSW Rural Fire Service - dated 30th November, 2020 and Map - lot 97 in Deposit Plan 750970, 3122 Wee Jasper Road, Tumorrama attached to the report, be received and noted. 2. Council support the proposed construction of the new Tumorrama Brigade Station upon lot 97 in Deposit Plan 750970, 3122 Wee Jasper Road, Tumorrama and advice of Council’s resolution be sent to Jon Gregory as a matter of importance. |
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8.1.4 The 2021 National General Assembly to be Held 20-23 June, 2021 |
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Resolution 044/2021 Moved: Cr Craig Stewart Seconded: Cr Doug Phillips 1. Council resolved the Mayor, Deputy Mayor and General Manager register to attend the 2021 National General Assembly scheduled to be held in Canberra 20-23 June, 2021. 2. Registration for each attendee be finalised before 7th May, 2021 to receive the early bird rate of $989 per attendee. |
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8.1.5 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
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Resolution 045/2021 Moved: Cr Craig Stewart Seconded: Cr Leigh Bowden The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 7 December, 2020, attached to the report, be received and noted. |
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8.1.6 The Arts Centre Cootamundra s.355 Committee Meeting Minutes |
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Resolution 046/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Minutes of The Arts Centre Cootamundra s355 Committee meeting held on 21st January, 2021, attached to the report, be received and noted. |
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8.1.7 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes |
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Resolution 047/2021 Moved: Cr Leigh Bowden Seconded: Cr David Graham The Minutes of the Cootamundra Tourism Action Group s.355 Committee meetings held on 4th February 2021, attached to the report, be received and noted. |
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Resolution 048/2021 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The Updated Council Meeting Action Report be noted. |
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Resolution 049/2021 Moved: Cr Dennis Palmer Seconded: Cr David Graham The Information Bulletin and correspondence attached to the report, be received and noted. |
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Resolution 050/2021 Moved: Cr Doug Phillips Seconded: Cr Leigh Bowden 1. The December 2020 Quarterly Budget Review Report be received. 2. The budget variations listed in the report be adopted. |
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Resolution 051/2021 Moved: Cr Craig Stewart Seconded: Cr Charlie Sheahan The Finance Report for January 2021 be received and noted. |
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Resolution 052/2021 Moved: Cr David Graham Seconded: Cr Doug Phillips The Investment Report for January 2021 be received and noted. |
Nil
8.4 Development, Building and Compliance
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Resolution 053/2021 Moved: Cr David Graham Seconded: Cr Charlie Sheahan The information on Development Applications Approved in January, 2021 be received and noted. |
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8.4.2 Development Application 2020/191 - 37 Crown Street, Cootamundra - Variation to Development Control Plan |
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Resolution 054/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan 1. That Council approve DA2020/191 for the construction of a shed at Lot A DP384426, 37 Crown Street Cootamundra with an increased set back of 2.5m from the Queen Street frontage subject to the following conditions: GENERAL CONDITIONS (1) GEN Condition - Compliance Standards Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.
(3) GEN Condition - Utilities Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.
Reason: To ensure that any public utilities are maintained and protected from damage.
(4) Gen Condition – Not certify compliance with BCA or NCC The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.
Reason: This consent does not certify compliance with the BCA or NCC.
PRIOR TO COMMENCEMENT OF WORKS (1) PCW Condition – Prior to Building Work Commencing. The erection of a building in accordance with the development consent must not commence until:-
1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and
2. the person having the benefit of the development consent has: a. appointed a principal certifying authority for the building work, and b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and
3. the principal certifying authority has, no later than 2 days before building works commences: a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and
4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has, a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and b. notified the principal certifying authority of any such appointment, and c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work .
Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.
(2) PCW Condition – Signage. Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: -
1. Statement that unauthorised entry to the site is not permitted 2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours 3. The name, address and telephone contact of the Principal Certifying Authority for the work
Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(3) PCW Condition – Notice of Commencement. Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(4) PCW Condition – Residential Building Work. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information
1. In the case of work for which a principal contractor is required to be appointed: a. In the name and licence number of the principal contractor, and b. The name of the insurer by which the work is insured under Part 6 of that Act.
2. In the case of work to be done by an owner-builder: a. The name of the owner-builder and, b. If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
Reason: Statutory compliance.
(5) PCW Condition – Siting of Building. The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council. In this regard the applicant shall submit a revised site plan to Council showing a setback of 2.5m from the Queen Street frontage.
Reason: To ensure the development is carried out correctly on the allotment and in accordance with the resolution of Council.
(6) PCW Condition – Waste Storage During Construction. Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.
Reason: To ensure that the site is not a source of wind-blown litter.
(7) PCW Condition – Soil Erosion Control. Site erosion control measures shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the building site by a drainage system. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.
Reason: To ensure that adequate measures are in place so that damage from sediment run off to adjoining sites and waterways is minimised.
(8) PCW Condition – Second Hand Materials. No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.
Reason: To ensure the external appearance of the building is maintained to an acceptable standard.
(9) PCW Condition – Underground Services. The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.
Reason: To ensure the utility services are protected and satisfactory for the proposed development.
(10) PCW Condition – All Weather Crossover The applicant shall upgrade the existing footpath crossover (driveway) in Queen Street to an all weather access. A works in road reserve application shall be submitted, and approved by Council prior to undertaking the upgrade.
Reason: To ensure that physical and legal access is provided in a manner that is compliant with Council standards.
DURING CONSTRUCTION (1) DUR Condition – Works to be undertaken in Accordance with the Approval. All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.
Reason: ensure all works are carried out in accordance with the development consent.
(2) DUR Condition – Hours of Construction Site Works. Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-
Monday to Saturday from 7.00am to 7.00pm Sundays and public holidays from 9.00am to 12.00pm
The applicant is responsible to instruct and control subcontractors regarding hours of work.
Reason: So that the development does not reduce the amenity of the area.
(3) DUR Condition – Footpath Storage. Building materials not to be stored on Council footway or nature strip at any time.
Reason: To ensure an adequate level of public safety is maintained.
(4) DUR Condition – Waste Removal. All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.
Reason: To ensure that the amenity and unsightly condition is minimised.
(5) DUR Condition – Tree Protection – existing vegetation. Existing vegetation along Queen Street and at the rear boundary shall be protected during the construction period.
Reason: Due to the secondary building line variation, the existing vegetation is required to be maintained to help screen the development when completed.
(6) DUR Condition - Pipe Replacement. Should the proposed building be located over existing vitrified clay sewer pipes then such pipes shall be reinstated in PVC material in the area under the proposed building.
Reason: To minimise the opportunity for damage to the building as a result of leaking sewage.
(7) DUR Condition - BCA Compliance. All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure the building complies with the BCA.
(8) DUR Condition – Inspections. The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.
All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure that adequate time is given of required inspections.
(9) DUR Condition – Restricted Public Access.
It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.
Reason: To ensure public safety is maintained.
(10) DUR Condition – Storm Water. Storm water is to be discharged: -
1. To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter
Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system
(11) DUR Condition – Storm Water / Ground Water Diversion. Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.
Reason: To minimise the opportunity for ponding and flooding.
POST CONSTRUCTION (1) POC Condition – Occupation of Building. A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.
ONGOING USE (1) USE Condition – Business Use. The shed is not to be let, adapted or used for separate occupation or commercial purposes.
Reason: Development consent is required for any activity other than residential.
(2) USE Condition – Clean and Tidy. The premises are to be maintained in a clean and tidy condition at all times.
Reason: So that the development does not reduce the amenity of the area.
(3) USE Condition –Amenity General. 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.
(4) USE Condition – Non Habitable Use. The shed is not to be used for residential occupation without prior consent of Council.
Reason: Health and safety prohibition.
(5) USE Condition – Tree Protection – existing vegetation. Existing vegetation along Queen Street and at the rear boundary shall be protected and maintained for the life of the shed.
Reason: Due to the secondary building line variation, the existing vegetation is required to be maintained to help screen the development when completed.
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Resolution 055/2021 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips The Regulatory Section Activities report for 2020, be received and noted. |
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Resolution 056/2021 Moved: Cr Leigh Bowden Seconded: Cr Doug Phillips The Regulatory Section Activities report for January, 2021 be received and noted. |
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Resolution 057/2021 Moved: Cr David Graham Seconded: Cr Dennis Palmer The report prepared by Moloney Asset Management Systems on the Condition of Road Assets and Valuation of these assets be deferred to the Ordinary Meeting scheduled to be held 23rd March, 2021. |
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8.7.1 Civil Works and Technical Services Report - February 2021 |
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Resolution 058/2021 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson The Civil Works and Technical Services Report for the month of February 2021 be received. |
Nil
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8.9.1 Otway Street and Sheridan Street Gundagai Intersection Upgrade and Tree Removal |
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Resolution 059/2021 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips 1. The Otway Street and Sheridan Street, Gundagai Intersection Upgrade and Tree Removal Report be received and noted. 2. Council endorse the removal of the London Plane trees and Liquid Amber trees identified within the report. |
8.10 Waste, Parks and Recreation
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8.10.1 Replacement of the Salt Cells Cootamundra Aquatic Centre |
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Resolution 060/2021 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan 1. The report on the Cootamundra Aquatic Centre salt cells, be received and noted. 2. Council authorise the replacement and installation of a new existing salt dosing/water sanitation system. 3. The cost for the replacement salt dosing/water sanitation system be funded from the Cootamundra Aquatic Centre maintenance budget. |
9 Motion of which Notice has been Given
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9.1 Notice of Motion - That Council Provides Support, in Principal and Inkind to the Esablishment and Ongoing Development of a Cooperative In Cootamundra, The Coota Co-op Ltd |
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Resolution 061/2021 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan That Council provides support, in principle and in kind, to the establishment and ongoing development of a cooperative in Cootamundra, The Coota Co-op Ltd. |
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9.2 Notice
of Motion - That Council, that is The Mayor and, or the General Manager on
behalf of all Councillors and the community, writes to each individual member
of the NSW State Cabinet stating the case for the demerger of the
Cootamundra-Gundagai Regional Council back to the former Cootamundra Shire
Council and Gundagai Shire Council. |
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Resolution 062/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson That Council, that is The Mayor and, or the General Manager on behalf of all Councillors and the community, writes to each individual member of the NSW State Cabinet stating the case for the demerger of the Cootamundra-Gundagai Regional Council back to the former Cootamundra Shire Council and Gundagai Shire Council. That the letters be sent at the time that the verdict of the Boundaries Commission is due to be delivered. |
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Resolution 063/2021 Moved: Cr Leigh Bowden Seconded: Cr Craig Stewart The Questions with Notice from Councillors and related responses from Council officers be noted. |
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Resolution 064/2021 Moved: Cr Dennis Palmer Seconded: Cr Doug Phillips 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 RFQ Asphalt Works Sheridan and West Street Intersection 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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11.2 RFQ Asphalt Works Sheridan and West Street Intersection |
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Resolution 065/2021 Moved: Cr Doug Phillips Seconded: Cr Penny Nicholson 1. The Report for the engagement of Complete Road Seal for the Sheridan and West Street Intersection works be received and noted. 2. Council endorse the action of staff in awarding the contract to undertake the upgrade of the Sheridan and West Streets, Gundagai intersection to Complete Road Seal for the amount of $242,270 (exc. GST). |
11.3 Resumption of Open Council Meeting
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Resolution 066/2021 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer 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 8:07pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 30 March 2021.
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CHAIRPERSON GENERAL MANAGER