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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00 PM, Tuesday 25th May, 2021
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00 PM, Tuesday 25th May, 2021
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
25 May 2021 |
MINUTES
OF Cootamundra-Gundagai
Regional Council
Ordinary Council Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 25th
May, 2021 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
IN ATTENDANCE: Phil McMurray (Cr), Kay Whitehead (Interim Deputy General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services), Wayne Bennett (Manager Waste, Parks & Recreation Services), Linda Wiles (Coordinator Business)
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 Palmer disclosed significant non-pecuniary in item 11.2 Turners Lane Land Sales
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 27 April 2021 |
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Resolution 103/2021 Moved: Cr Charlie Sheahan Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday 27 April 2021 be confirmed as a true and correct record of the meeting. |
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6.1 Mayoral Minute - Resignation of Councillor Craig 'Stewie' Stewart |
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Resolution 104/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly The Mayoral Minute on the Resignation of Councillor Craig ‘Stewie’ Stewart be received and noted. |
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6.2 Mayoral Minute - Proposed Demerger of Cootamundra-Gundagai Regional Council |
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Resolution 105/2021 Moved: Cr Abb McAlister Seconded: Cr Leigh Bowden 1. Council notes the report and content of letters sent to the Premier and Deputy Premier. 2. The community is encouraged to write to the Premier and Deputy Premier in support of a Demerger. 3. Council obtains legal advice with a view to taking action in negligence against the NSW Government and KPMG seeking damages to cover the financial losses incurred as a result of the forced amalgamation. 4. An appropriate increase within legal services budget be included to cover legal costs.
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Resolution 106/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden 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 13 May 2021 |
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Resolution 107/2021 Moved: Cr Gil Kelly Seconded: Cr Doug Phillips The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13th May 2021, attached to the report be received and noted. |
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7.2 Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 12 May 2021 |
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Resolution 108/2021 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 12 May 2021, attached to the report, be received and noted. |
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Resolution 109/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham The Dog on the Tuckerbox Draft Master Plan Study be adopted as exhibited. |
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8.1.2 Draft 2021/22 Operational Plan and Associated Documents |
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Resolution 110/2021 Moved: Cr Leigh Bowden Seconded: Cr David Graham Council resolve that the Draft 2021/22 Operational Plan, inclusive of the Draft Revenue Policy, Draft Fees and Charges, Draft Budget and Draft Long Term Financial Plan, be placed on public exhibition for a period of 28 days. |
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8.1.3 Delivery Program/Operational Plan Quarterly Progress Report |
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Resolution 111/2021 Moved: Cr David Graham Seconded: Cr Gil Kelly The Delivery Program incorporating the Operational Plan 2020/21, quarterly progress report, (3rd Quarter 1 January – 31 March, 2021), attached to the report, be received and noted. |
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8.1.4 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 112/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Minutes of the Stockinbingal Ellwood’s Hall s.355
Committee Ordinary Meeting held on |
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8.1.5 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes |
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Resolution 113/2021 Moved: Cr Doug Phillips Seconded: Cr Dennis Palmer The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 12 April, 2021, attached to the report, be received and noted. |
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8.1.6 Cootamundra Tourism Action Group s.355 Committee Meeting Notes |
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Resolution 114/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Meeting Notes of the Cootamundra Tourism Action Group s.355 Committee Meeting held on 6 May, 2021, attached to the report, be received and noted. |
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8.1.7 Muttama Hall Management s.355 Committee Meeting Minutes |
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Resolution 115/2021 Moved: Cr Charlie Sheahan Seconded: Cr David Graham The Minutes of the Muttama Hall Management s.355 Committee meeting held on 21 April 2021, attached to the report, be received and noted. |
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8.1.8 Cootamundra Showground Users Group s.355 Committee Meeting Minutes |
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Resolution 116/2021 Moved: Cr Doug Phillips Seconded: Cr Gil Kelly The Minutes of the Cootamundra Showground Users Group s.355 Committee Ordinary Meeting held on 21 April, 2021, attached to the report, be received and noted. |
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Resolution 117/2021 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden The Updated Council Meeting Action Report, attached, be noted. |
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Resolution 118/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The correspondence and information attached to the Information Bulletin be received and noted. 2. Council pay the $200 cost of registration for Cr Bowden to attend the Refugee Welcome Zones Forum 2021. 3. Council encourage nominations for the NSW Inspirational Women’s Awards 2021. |
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Resolution 119/2021 Moved: Cr David Graham Seconded: Cr Charlie Sheahan 1. The March 2021 Quarterly Budget Review Report be received. 2. The budget variations listed in the report be adopted. |
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8.3.1 Draft Bala-yanhi Miya (Memorandum of Understanding) between Cootamundra Aboriginal Working Party and Cootamundra-Gundagai Regional Council |
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Resolution 120/2021 Moved: Cr David Graham Seconded: Cr Doug Phillips The execution of the Bala-yahni Miya (Memorandum of Understanding) between Cootamundra Aboriginal Working Party and Cootamundra-Gundagai Regional Council be endorsed. |
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8.3.2 Cootamundra-Gundagai Regional Council Youth Strategy 2020-2030 |
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Resolution 121/2021 Moved: Cr Leigh Bowden Seconded: Cr Doug Phillips Council endorse the amended draft Cootamundra-Gundagai Regional Council Youth Strategy 2020-2030 be placed on public exhibition for a period of 28 days. |
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8.3.3 Gundagai Tourism Action s355 Committee - Meeting Held 10th May, 2021 |
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Resolution 122/2021 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. The Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 10th May, 2021 attached to the report, be received and noted. 2. The membership of Ian Truesdale, Francis Truesdale, and Peter Smith onto the Gundagai Tourism Action Committee, as detailed in the attached minutes, be endorsed. 3. Wier repairs be discussed with relevant authorities and undertaken within existing budget. |
8.4 Development, Building and Compliance
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Resolution 123/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan The information on Development Applications approved in April 2021 be received and noted. |
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8.4.2 Development Application 2021/53 - 88 Mackay Street, Cootamundra - Variation to Development Control Plan |
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Resolution 124/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly That Council approve the following development subject to the consent conditions below: · Application No: DA2021/53 · Property: Lot A DP449867 88 Mackay Street COOTAMUNDRA NSW 2590 · Development: To construct additions to garage as ancillary to the existing dwelling 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 – Builders Toilets. Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.
Reason: To ensure minimum standards of hygiene for onsite workers.
(5) 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.
(6) 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 as specified on the approved site plan.
Reason: To ensure the development is carried out on the correct allotment.
(7) 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.
(8) 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.
(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.
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 - 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.
(6) 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.
(7) 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.
(8) 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
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 Garage Addition not being 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 garage is not to be used for residential occupation without prior consent of Council.
Reason: Health and safety prohibition.
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Resolution 125/2021 Moved: Cr Dennis Palmer Seconded: Cr David Graham The Regulatory Report for April, 2021 be received and noted. |
Nil
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Resolution 126/2021 Moved: Cr David Graham Seconded: Cr Dennis Palmer 1. Pursuant to Clause 178 of the Local Government (General) Regulation, 2005 it be noted that two (2) tenders to form a Panel Contract for the Winning, Blasting and Crushing of Gravel were received, of which only one (1) was complying. 2. Due to the number of pits to be serviced under this contract, and in accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders. 3. In view of (1) and (2) above, in accordance with Clause 178(3)(b) and Clause 167 of the Local Government (General) Regulation, 2005, Council invite fresh tenders with a view to enter into the panel contract referred to in (1) above. 4. That both Tenderers, be advised of the above. |
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Resolution 127/2021 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden The Civil Works and Technical Services Report for the month of May, 2021 be received. |
Nil
Nil
8.10 Waste, Parks and Recreation
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Resolution 128/2021 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan 1. The report on the Jubilee Park Landscape Development Masterplan and the NSW Public Spaces Legacy Program Funding Agreement cover Letter - Cootamundra-Gundagai Regional Council, attached to the report, be received and noted. 2. The Jubilee Park Landscape Development Masterplan Report be adopted. 3. The successful grant from the Department of Planning Industry & Environment - NSW Public Spaces Legacy Program - for the sum of $2Million be accepted in accordance with the Terms and Conditions of the Funding Deed. 4. The sum of $2Million be allocated for the purpose of implementing the Jubilee Park Landscape Development Masterplan. |
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Resolution 129/2021 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips 1. The report on the Cootamundra Landfill operating hours review be received and noted. 2. The revised Cootamundra Landfill operating hours be adopted as follows: · Monday to Friday – 7.30am to 3.30pm · Saturday to Sunday – 10.00am to 3.00pm 3. The proposed operating hours take effect as from the 1st July, 2021.
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Resolution 130/2021 Moved: Cr Dennis Palmer Seconded: Cr David Graham 1. The Open Tendering method for the Inclusive Playground at Albert Park be endorsed. 2. A further report be prepared and submitted for the consideration of Council at the completion of the tendering process. |
9 Motion of which Notice has been Given
Nil
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Resolution 131/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham The Questions with Notice from Councillors and related responses from Council officers be noted. |
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Resolution 132/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan 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. 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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Note: Having declared a significant non-pecuniary interest in this item Cr Palmer left the room. |
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Resolution 133/2021 Moved: Cr Doug Phillips Seconded: Cr Gil Kelly 1. Council approve the sale of Lots 2 and 4 Turners Lane Cootamundra as detailed in the report. 2. Council approve the proposed subdivision of Lot 3 Turners Lane, and allow for the sale as detailed in the report. |
11.3 Resumption of Open Council Meeting
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Resolution 134/2021 Moved: Cr Doug Phillips Seconded: Cr Charlie Sheahan 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 7:46 PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 29 June 2021.
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CHAIRPERSON GENERAL MANAGER