Business Paper
Ordinary Council Meeting
Alby Schultz meeting Centre, Cootamundra
6:00 PM, Tuesday 31st August, 2021
Administration Centres: 1300 459 689 |
Ordinary Council Meeting Agenda |
31 August 2021 |
The Mayor & Councillors
Cootamundra-Gundagai Regional Council
PO Box 420
Cootamundra NSW 2590
NOTICE OF MEETING
An Ordinary Meeting of Council will be held in the Alby Schultz meeting Centre, Cootamundra on:
Tuesday, 31st August, 2021 at 6:00 PM
The agenda for the meeting is enclosed.
Phillip McMurray
General Manager
Live Streaming of Meetings Statement
This meeting is streamed live via the internet and an audio-visual recording of the meeting will be publicly available on Council's website.
By attending this meeting, you consent to your image and, or, voice being live streamed and publicly available. Please refrain from making any defamatory statements.
Ordinary Council Meeting Agenda |
31 August 2021 |
AGENDA
5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 27 July 2021
6.1 Mayoral Minute - Councillor Engagement
8.1.1 2021/2022 Fees and Charges
8.1.2 Draft Councillor and Staff Interaction Policy
8.1.3 Postponement of 2021 Local Government Elections
8.1.4 Delivery Program/Operational Plan Quarterly Progress Report
8.1.5 The Arts Centre Cootamundra s.355 Committee Meeting Minutes and Membership
8.1.6 Annual Local Government Association's National Local Roads and Transport Congress 2020
8.1.7 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes
8.1.8 Cootamundra Tourism Action Group s.355 Committee meeting notes
8.1.9 Muttama Hall Management s.355 Committee Meeting Minutes
8.1.10 Updated Council Meeting Action Report
8.2.1 2021-22 Financial Assistance Grants - Advice to Council
8.2.2 Investment Report - June 2021
8.2.3 Investment Report - July 2021
8.2.4 Monthly Finance Report for June, 2021
8.2.5 Monthly Finance Report for July, 2021
8.3.1 Cootamundra-Gundagai Regional Council Grants Program
8.3.2 Cootamundra-Gundagai Regional Entrepreneurs' Program
8.3.3 Draft Child Protection Policy
8.3.4 Proposal by APPI Ghost Hunts and Tours to Hold Paranormal Tours at the Old Gundagai Gaol
8.3.5 Minutes of the Access and Inclusion Committee Meeting held on Thursday 19 August 2021
8.4 Development, Building and Compliance
8.4.1 DA2020/165 - Proposed 4MW Solar Farm - Lot 8 DP 1244273, 167 Five Mile Creek Road, Gundagai
8.4.3 Development Applications July 2021
8.5.1 Regulatory Report July 2021
8.7.1 Annual Aerodrome Income and Expenditure
8.7.2 Civil Works and Technical Services Report - August 2021
8.8.1 Cootamundra-Gundagai Plant Replacement Program 2021-2031
8.9.1 Energy Savings Action Plan
8.9.2 Updated Major Project Spreadsheet
8.9.3 Facilities Works Report August 2021
8.10 Waste, Parks and Recreation
8.10.1 Waste, Parks & Recreation Divisions Monthly Works Report - August 2021
9 Motion of which Notice has been Given
10.1 Questions With Notice - August, 2021
11.2 Contract 2019/11 Bitumen Sealing - extension
11.3 Mayoral Minute - General Manager's Performance Review
11.4 Resumption of Open Council Meeting
11.5 Announcement of Closed Council Resolutions
Council acknowledges the Wiradjuri people, the Traditional Custodians of the Land at which the meeting is held and pays its respects to Elders, both past and present, of the Wiradjuri Nation and extends that respect to other Aboriginal people who are present.
31 August 2021 |
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
AUTHORISING OFFICER |
Phillip McMurray, 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. |
1. Minutes of the Ordinary Meeting of Council held on Tuesday 27 July 2021
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The Minutes of the Ordinary Meeting of Council held on Tuesday 27 July 2021 be confirmed as a true and correct record of the meeting.
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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00 PM, Tuesday 27th July, 2021
Administration Centres: 1300 459 689 |
Ordinary Council Meeting Minutes |
27 July 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 27 July
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 (via Teams), Cr Charlie Sheahan
IN ATTENDANCE: Phillip McMurray (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), John Chapman (Interim Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical 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.
ADJOURN MEETING FOR OPEN FORUM
Resolution 167/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly Council adjourn for Open Forum. Carried |
2 Open Forum
List of Speakers
1. Mr. Konrad Streher – As the owner of the property Mr Streher addressed Councillors on item 8.4.9 Development Application 2020/155 Modification – 24 Lawrence Street, Cootamundra – Variation to Development Control Plan.
2. Mr. Des Manton – Mr Manton addressed Council on the Dog on the Tuckerbox Development in his particular concerns regarding the relocation of the wishing well which raises money for the Gundagai Hospital.
3. Mrs. Lyn Smart – Mrs. Smart spoke as a member of the Nangus Water Committee and raised concerns about the Nangus community being ignored and no apparent action progressing the Nangus Water Supply Project and put forward the following statements.
· Request 1 – Council guarantee that the $750K allocated to the proposed Nangus Water Supply Project remains in the budget for this project;
· Request 2 – The upgrade to pumps and pipe network be removed from the proposed Nangus Water Supply Project due to those items belonging to Goldenfields Water County Council;
· Request 3 - Council hold meetings with the Nangus Water Supply Committee and provide up to date information and take questions on notice.
· Request 4 - A review of the costing of the proposed Nangus Water Supply Project, prepared by Cardno, be undertaken.
RESUME OPEN MEETING
Resolution 168/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson Council resume the Open Meeting. Carried |
3 Apologies
Nil
4 Disclosures of Interest
Cr Palmer (Deputy Mayor) declared a Pecuniary Interest in item 8.6.1 Fleet Forecast and Plant Management Cootamundra-Gundagai Regional Council.
5 Confirmation of Minutes
5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 June 2021 |
Resolution 169/2021 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer The Minutes of the Ordinary Meeting of Council held on Tuesday 29 June 2021 be confirmed as a true and correct record of the meeting. Carried |
Amended Fees and charges to go on Public Exhibition |
Resolution 170/2021 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson 1. The amended fees and charges go to public exhibition on Wednesday, 28th July, 2021 inviting submissions from interested parties. 2. A Report for the Amended Fees and Charges be prepared and submitted for the consideration of Council at the end of the Public Exhibition period including any submissions received.
Carried |
6 Mayoral Minutes
6.1 Mayoral Minute - For Discussion: The information in the Examination of a Proposal to Alter the Boundaries of the Cootamundra-Gundagai Local Government Area and Create a New Local Government Area, Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government and the Terms of Reference – Review into the Local Government Boundaries Commission, attached to the Mayoral Minute. |
Resolution 171/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson The information in the Examination of a Proposal to Alter the Boundaries of the Cootamundra-Gundagai Local Government Area and Create a New Local Government Area, Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government and the Terms of Reference – Review into the Local Government Boundaries Commission, attached to the Mayoral Minute, be considered. Carried |
Note: item 6.2 Mayoral Minute - Council Obtain 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 was moved to confidential. |
Resolution 172/2021 Moved: Cr Dennis Palmer Seconded: Cr David Graham
That item 6.2 Mayoral Minute - Council Obtain 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 be moved to confidential. Carried |
6.3 Mayoral Minute - Councillor Engagement for July, 2021 |
Note: Cr Graham made the following amendments at the Meeting: 24th June, 2021 Cr’s Graham, Nicholson and I attended a meeting with Council staff regarding the matter of Reno Road. 6th July, 2021 Cr Graham attended an Internal Audit Committee Meeting. |
Resolution 173/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan The information and amendments in the Mayoral Minute be received and noted. Carried |
Resolution 174/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson That item 8.3.1 Gundagai Tourism Action Group s355 Committee – Meeting held 19th July, 2021 be moved to precede item 7.1 Reports from Committees to accommodate a member of Council staff. Carried |
8.3.1 Gundagai Tourism Action Group s355 Committee - Meeting Held 19th July, 2021 |
Resolution 175/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 19th July, 2021 attached to the report, be received and noted. 2. Council endorse Verity Whittaker, Michael Whittaker, and Izzy Perko as members of the Gundagai Tourism Action Committee. 3. Council submit two funding applications to the Regional Tourism Activation Fund being $200,000 for The Old Gaol Residence Accommodation (including a 25%/$50,000 Council co-contribution) and $800,000 for The Old Mill Agrotourism Development (including a 25%/$200,000 Council co-contribution) to be funded through previous grant monies received from the Stronger Country Communities Fund. Carried |
7 Reports from Committees
7.1 Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021 |
Note: Cr Graham also attended the Internal Audit Committee Meeting held on Tuesday 6 July 2021 held in the Alby Schultz Meeting Centre, Cootamundra. |
Resolution 176/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden The Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021 be confirmed as a true and correct record of the meeting. Carried |
8 General Manager’s Report
8.1 Business
8.1.1 National General Assembly 2021 Report |
Note: A Report submitted by Cr Bowden which should have been an attachment for item 8.1.1 National General Assembly 2021 Report was tabled at the Meeting for discussion. |
Resolution 177/2021 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer The General Managers Report On Attendance At The National General Assembly 2021 Held in Canberra 21st – 23rd June, 2021 be received and noted. Carried |
8.1.2 Applications for Community Donations |
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Note: In this item the table had $5000 being allocated to the Muttama Hall Management Committee and the comment advised no financial allocation due to the committee being an s355 Committee of Council. To clarify there was no financial allocation given to the Muttama Hall Management Committee and is reflected as such in the table included in the Minutes. |
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Resolution 178/2021 Moved: Cr David Graham Seconded: Cr Doug Phillips 1. The Report on the Applications for Community Donation be received. 2. The Community Donation Applications, as detailed in the report, be considered.
Carried |
8.1.3 Mandatory Proactive Release of Government Information - Disclosures of Pecuniary Interests and other matters by Councillors and designated staff |
Resolution 179/2021 Moved: Cr Penny Nicholson Seconded: Cr Dennis Palmer A register detailing the position, title and name of designated persons and Councillors, be uploaded to Council’s website, along with advice that Returns may be viewed free of charge at Council’s Administration Building. Carried |
8.1.4 RV Friendly Sites |
Resolution 180/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. Pioneer Park , Cootamundra be included in a new RV Friendly Town Assessment submission to the Campervan and Motorhome Club of Australia (CMCA) to have Cootamundra included in the Recreational Vehicle Friendly Town program. 2. A new application be submitted to the Campervan and Motorhome Club of Australia (CMCA)for approval of the determined sites. 3. Once approval has been received, the new RV Friendly sites be advertised through Council’s usual mediums and (previously purchased) RV Friendly Town signs be installed accordingly. Carried |
8.1.5 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes |
Resolution 181/2021 Moved: Cr Doug Phillips Seconded: Cr David Graham The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 5 July 2021, attached to the report, be received and noted. Carried |
8.1.6 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes and Membership |
Resolution 182/2021 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan 1. The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 24 June 2021, attached to the report, be received and noted. 2. Membership of the Ellwood’s Hall s.355 Committee: Chairperson: Carmel Payne, Vice Chairperson: Sue Caldwell, Secretary: Lorna Nixon, Treasurer: Alan Pether, Other Committee members: Stephen Neave, Lynn Basham and Russell Vincent, be endorsed. Carried |
8.1.7 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes |
Resolution 183/2021 Moved: Cr Leigh Bowden Seconded: Cr David Graham 1. The Minutes of the Cootamundra Tourism Action Group s.355 Committee Ordinary Meeting held on 1st July, 2021, attached to the report, be received and noted. 2. Council review the proposal for the Hillside Adventure Walking Track and Dirt Bike Facility, submitted by Isobel Scott, and consider its suitability for further investigation and planning with the intention of the proposal being in a grant ready state. Carried |
8.1.8 Muttama Hall Management s.355 Committee Meeting Minutes |
Resolution 184/2021 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly The Minutes of the Muttama Hall Management s.355 Committee meeting held on 7th July, 2021, attached to the report, be received and noted. Carried |
8.1.9 Updated Council Meeting Action Report |
Resolution 185/2021 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips The Updated Council Meeting Action Report, attached, be noted. Carried |
8.1.11 Information Bulletin - July 2021 – Late Report |
Resolution 186/2021 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer The Information Bulletin July, 2021, Late Report and attached correspondence, be received and noted. Carried |
8.2 Finance
Nil
8.3 Community and Culture
Item 8.3.1 Gundagai Tourism Action Group s355 Committee – Meeting Held 19th July, 2021 was moved to precede item 7.1 Reports from Committees.
8.4 Development, Building and Compliance
8.4.1 Renewal of Partnership Agreement with Service NSW |
Resolution 187/2021 Moved: Cr Charlie Sheahan Seconded: Cr David Graham Council delegate authority to the General Manager to enter into a renewed Partnership Agreement with Service NSW. Carried |
8.4.2 NSW Heritage Grants |
Resolution 188/2021 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden That Council: 1. Accept the letter of offer for funding under the Heritage Advisor Service Program. 2. Accept the letter of offer for funding under the Small Heritage Grants Program. 3. Match the funding of both programs on a dollar-for-dollar basis. 4. An Internal Heritage Committee be established to manage, monitor and report on both programs. Carried |
8.4.3 Development Applications June 2021 |
Resolution 189/2021 Moved: Cr Gil Kelly Seconded: Cr Doug Phillips The information on Development Applications approved in June, 2021 be received and noted. Carried |
8.4.4 Development Application 2021/80 - 1 Centenary Ave, Cootamundra - Variation to Development Control Plan |
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Resolution 190/2021 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer
That Council approve the following development subject to the consent conditions below: · Application No: DA2021/80 · Property: Lot A DP383307 1 Centenary Ave COOTAMUNDRA NSW 2590 · Development To construct a 234m2 shed 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.
(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 ISSUE OF CONSTRUCTION CERTIFICATE
(1) PCC Condition – New Connection: Plumbing and Drainage Works. An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for any new water, sewerage or drainage connection prior to the issue of a Construction Certificate.
All plumbing works must be undertaken by a licenced plumber or drainer. They must submit their Notice of Work (N.O.W) and pay for any associated inspections 48hrs before the first inspection. They also must submit a correct Sewer Service Diagram (S.S.D) for all works. The C.O.C and S.S.D. must be submitted before an Occupation Certificate can be released by the Principal Certifying Authority (P.C.A).
The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act 1993, NSW Fair Trading and The Plumbing Code of Australia.
Reason: Statutory compliance.
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 – 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.
(10) 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.
(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 Stormwater is to be discharged 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- Clearance to Boundary Trap Council existing boundary trap must be accessible to Council and plumbers, a clearance of 500mm maintained around the connection point. No structures to be built over sewer lines or old clay pipes, unless the line is PVC pipe.
Reason: to provide clear and unobstructed access to the main connection point to Council sewer/boundary trap and prevent failure under structures built.
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 carport or shed is 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 – Carport Enclosure Prohibited The open sides of the carport are not to be enclosed at any point in time without the prior consent of Council.
Reason: Statutory compliance with the fire separation requirements of the Building Code of Australia.
(3) 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.
(4) 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.
(5) 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.
Carried |
8.4.5 Development Application 2021/86 - 48 Thompson St, Cootamundra - Variation to Development Control Plan |
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Resolution 191/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan
That Council approve the following development subject to the consent conditions below: · Application No: DA2021/86 · Property: Lot 1 DP166465 48 Thompson Street COOTAMUNDRA NSW 2590 · Development: To construct a 78m2 Colorbond clad shed 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 - 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.
(6) 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.
(7) 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.
(8) DUR Condition – Storm Water Storm water is to be discharged 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
(9) 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 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, wastewater, 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. Carried |
8.4.6 Development Application 2011-058 - Mod 2- Soil Treatment Facility - Old Treatment Works Lane, Cootamundra |
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Resolution 192/2021 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly 1. Council refuse development application 2011-058 Mod 2 for a soil treatment facility at Lot 562 DP 881310 17 Turners Lane, Cootamundra for the following reasons: a. The consent authority has been advised by an approval authority that general terms of approval will not be issued for the modification proposal; b. The consent authority is not satisfied that the modification proposal is not designated development; c. The consent authority is not satisfied that the modification proposal is substantially the same development as that for which consent was originally granted.
Carried |
8.4.7 Development Application 2019-143 Mod 2 - Waste Facility - Tumblong Reserve Road, Tumblong |
This item was withdrawn by the applicant.
|
8.4.8 Development Application 2021/15 Modification - 2 Ward St, Cootamundra - Variation to Development Control Plan |
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Resolution 193/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly
That Council approve the following development subject to the consent conditions below: · Application No.: DA2021/15.3 · Property: Lot 3, Section 4, DP2740 2 Ward Street COOTAMUNDRA NSW 2590 · Development: To construct a 20.8m2 Colorbond shed as ancillary to the existing dwelling Determination and Conditions: Application Approved subject to the following conditions and reasons: - 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 ISSUE OF CONSTRUCTION CERTIFICATE (1) PCC Condition - Driveway & Layback Installations The provision of adequate vehicle access, including the provision of an invert crossing at the kerb and gutter is required to be installed as part of the development. The installation of the vehicle access and kerb and gutter crossing are to be constructed in accordance with Councils “Typical vehicle kerb and gutter crossing KG 65/1”.
An Application is to be lodged with Council along with appropriate current fee’s paid, for approval under Section 138 of the Roads Act 1993 prior to the issue of a Construction Certificate.
Twenty four (24) hours’ notice is to be given to Council’s Engineering Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.
Reason: To ensure that adequate vehicle access is achieved and maintained throughout the development
(2) PCC Condition – Provision of Landscape Plan Prior to the issue of a Construction Certificate, the applicant shall submit to Council for approval a proposed landscape plan. The plan shall provide the following details: · Common and botanical name of proposed plantings; · Location and number of proposed plantings; · Height at planting; · Height at maturity; · Timeframe for plants to reach maturity; · Water and maintenance requirements for plantings. 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 – Tree Protection - Nature Strip Existing trees which are located on the nature-strip shall be protected during the construction period.
Reason: The Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
(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 – 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.
(9) DUR Condition – Storm Water Storm water is to be discharged 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.
(2) USE Condition – Establishment of Landscaping Proposed landscaping in accordance with the approved plans for established tree planting shall be maintained to ensure a dense screen is established. Such plantings are to be at least to an established height of the gutter line of the shed and are to occur prior to the issue of an Occupation Certificate.
Reason: To minimise visual impact and promote/enhance the rural character of the area and Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
ONGOING USE (1) USE Condition – Business Use The carport not being let, adapted or used for separate occupation or commercial purposes.
Reason: Development consent is required for any activity other than residential.
(3) 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.
(4) 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.
(5) 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. Carried |
8.4.9 Development Applciation 2020/155 Modification - 24 Lawrence St, Cootamundra - Variation to Development Control Plan |
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Resolution 194/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson
That Council approve the following development subject to the consent conditions below: · Application No.: DA2020/155.2 · Property: Lot 1, Section 5, DP2740 24 Lawrence Street COOTAMUNDRA NSW 2590
· Development: To construct a 60m2 Colorbond shed (including awning) as ancillary to the existing dwelling Determination and Conditions: Application Approved subject to the following conditions (modified as relevant) and reasons: (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.
As modified 2020/155 Mod 1 dated 28 July, 2021
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 ISSUE OF CONSTRUCTION CERTIFICATE nil
PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE (if applicable) nil
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 – 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.
(10) 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 – Tree Protection - Nature Strip. Existing trees which are located on the nature-strip shall be protected during the construction period.
Reason: The Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
(6) DUR Condition – Driveway and Layback. The provision of an adequate vehicle access, including the provision of an invert crossing at the kerb and gutter is required to be installed as part of the development. The installation of the vehicle access and kerb and gutter crossing are to be constructed in accordance with Councils 'Typical vehicle kerb and gutter crossing KG 65/1'.
Twenty four (24) hours’ notice is to be given to Council's Works & Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.
Reason: To ensure appropriate vehicle access is provided to the development which does not adversely impact on pedestrian traffic or Council's public road infrastructure.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) DUR Condition – Storm Water. Storm water is to be discharged 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
(12) 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.
(2) POC Condition – Compliance Certificates. Prior to occupation of the building an Occupation Certificate is to be obtained. If Council is requested to issue the Occupation Certificate, all relevant compliance certificates must be submitted.
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 and awning 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 – Carport Enclosure Prohibited. The open sides of the carport are not to be enclosed at any point in time without the prior consent of Council.
Reason: Statutory compliance with the fire separation requirements of the Building Code of Australia.
(3) 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.
(4) 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.
(5) 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. Carried |
8.5 Regulatory Services
8.5.1 Regulatory Report June 2021 |
Resolution 195/2021 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson The Regulatory Report for June, 2021 be received and noted. Carried |
8.5.2 Use of Saleyards |
Resolution 196/2021 Moved: Cr Charlie Sheahan Seconded: Cr David Graham 1. Council liaise with agents and discuss the options detailed in the report to determine a consensus on the preferred saleyard use and management. 2. A further report come back to the Ordinary Meeting to be held 31st August, 2021 meeting for the consideration of Council. Carried |
8.6 Assets
8.6.1 Fleet Forecast and Plant Management Cootamundra-Gundagai Regional Council |
Note – Having disclosed a pecuniary interest in this item Cr Palmer left the Meeting. |
Resolution 197/2021 Moved: Cr David Graham Seconded: Cr Gil Kelly 1. The Fleet Forecast and Plant Management Replacement Program Financials, attached to the report, be further reviewed and an updated program be brought back to the Ordinary Meeting to be held 31st August, 2021 for the consideration of Council. 2. A report be prepared regarding the Hiace Mini Bus detailing usage and income related performance and submitted for consideration by Council to the Ordinary Meeting to be held January, 2022. Carried |
8.6.2 Water Supply Extension to the Dog on the Tucker Box Tourist Precinct, Gundagai |
Resolution 198/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden 1. The proposed water supply extension design proposed by Moloney & Sons Engineering from Spring Flat Drive to the Dog on the Tucker Box Tourist Precincts, attached to the report, be adopted. 2. $1Million be allocated through the water fund to complete the construction of the Water Supply Extension to Dog on the Tucker Box Tourist Precinct, Gundagai. 3. An application to assist with funding the water supply extension the project to the Dog on the Tucker Box Tourist Precinct be submitted through NSW Safe and Secure Water. Carried |
8.6.3 Business Case for Nangus Water Supply Project |
Resolution 199/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham 1. The Report for the Business Case for the Nangus Water Supply Project, attached to this report, be received and noted. 2. Council seek a review of the cost estimates provided by Cardno. 3. Council meet with the Nangus Water Supply Project Committee to discuss the details of the project including figures. Carried |
8.7 Civil Works
8.7.1 Civil Works and Technical Services Report - July 2021 |
Resolution 200/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The Civil Works and Technical Services Report for the month of July 2021 be received. Carried |
8.8 Technical Services
8.8.1 2022/23 Safer Roads Program Nominations |
Resolution 201/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden 1. The resubmission of the Muttama Road Safety Improvement Project for the 2022/23 Safer Roads Program be endorsed. 2. The nomination of the Nangus Road Safety Improvement Project for the 2022/23 Safer Roads Program be endorsed. Carried |
8.9 Facilities
8.9.1 Draft Gundagai Pool Master Plan |
Resolution 202/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham 1. The Report on the Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021 be Received. 2. The Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021 be placed on public exhibition for a period of 28 days inviting submission with a further report to be prepared for the consideration of Council at the end of the exhibition period. Carried |
8.9.2 Facilities Works Report July 2021 |
Resolution 203/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Facilities Works Report for July, 2021 be received and noted. Carried |
8.10 Waste, Parks and Recreation
Nil
9 Motion of which Notice has been Given
Nil
10 Questions with Notice
Nil
11 Confidential Items
11.1 Closed Council |
Resolution 204/2021 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer 1. Items 11.2, 11.3, 11.4, 11.5, 11.6, 11.7 and 11.8 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, 11.3, 11.4, 11.5, 11.6, 11.7 and 11.8 be withheld from the press and public. 11.2 Reno Road Boundary Adjustment 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.. 11.3 Tender - Albert Park - Inclusive Playspace RFT2021/19 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. 11.4 Tender - Winning, Blasting and Crushing of Gravel RFT2021/06.1 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. 11.5 Replacement of Patching Truck - Plant 3601 RFQ2021/25 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 optimum outcome for the community. 11.6 Replacement of Loader - Plant 1302 RFQ2021/24 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 optimum outcome for the community. 11.7 Replacement of All Wheel Drive Grader - Plant 1202 RFQ2021/23 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 optimum outcome for the community. 11.8 Tender - Wet and Dry Plant Hire RFT2021/15 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.
Carried |
11.2 Reno Road Boundary Adjustment |
Resolution 205/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham 1. The Report on the Reno Road Boundary Adjustment and attachments to the report be received and noted. 2. Council offer a financial contribution of $30,000 in addition to the ongoing maintenance on the road. Carried |
11.3 Tender - Albert Park - Inclusive Playspace RFT2021/19 |
Resolution 206/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. Council notes that two (2) tenders for the Albert Park – Inclusive Playspace were received, of which, both were conforming. 2. In accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2005, Council declines to accept either of the tenders for the Albert Park – Inclusive Playspace (RFT2021/19). 3. Council declines to invite fresh tenders in accordance with Clause 178(3)(b)-(d) of the Local Government (General) Regulation 2005 for the following reasons as required under 178(4)(a) and (b) of the Local Government (General) Regulation 2005: · Both submissions received, are financially borderline regarding the ability to achieve the project objectives within the budget allocated. · There is a grant acquittal deadline of December, 2021 which would mean that inviting fresh tenders would negatively impact on Council’s ability to deliver the project on time. · The best value outcome would be achieved by entering into negotiations with the persons listed in the table within the report. 4. Further to (2) and (3) above, and in accordance with Clause 178(3)(e) of the Local Government (General) Regulation, 2005, Council enter into negotiations with persons listed in the table within the report for the reasons listed in (3) above with a view to forming a contract for the Albert Park – Inclusive Playspace (RFT2021/19). 5. The General Manager be authorised to enter into negotiations and execute contracts to form a contract for the Albert Park – Inclusive Playspace (RFT2021/19). 6. That all tenderers be advised of Council’s decision. Carried |
11.4 Tender - Winning, Blasting and Crushing of Gravel RFT2021/06.1 |
Resolution 207/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan 1. Council notes that three (3) tenders to form a Panel Contract for the Winning, Blasting and Crushing of Gravel were received, of which only one (1) was conforming. 2. In accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2005, Council declines to accept any of the tenders for the Panel Contract for the Winning, Blasting and Crushing of Gravel (RFT2021/06.1). 3. Council declines to invite fresh tenders in accordance with Clause 178(3)(b)-(d) of the Local Government (General) Regulation 2005 for the following reasons as required under 178(4)(a) and (b) of the Local Government (General) Regulation 2005: · Two previous tender processes have resulted in one conforming tender being received on both occasions. · There are a total of fourteen pits to be serviced under the contract which would require more than one contractor to undertake the work. · The best value outcome would be achieved by entering into negotiations with the persons listed in the table within the report. 4. Further to (2) and (3) above, and in accordance with Clause 178(3)(e) of the Local Government (General) Regulation 2005, Council enter into negotiations with persons listed in the table within the report for the reasons listed in (3) above with a view to forming a panel contract for the Winning, Blasting and Crushing of Gravel (RFT2021/06.1). 5. The General Manager be authorised to enter into negotiations and execute contracts to form a panel of contractors for the Winning, Blasting and Crushing of Gravel (RFT2021/06.1). 6. That all tenderers be advised of Council’s decision. Carried |
11.5 Replacement of Patching Truck - Plant 3601 RFQ2021/25 |
Resolution 208/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson 1. The Report for the replacement of 2009 Isuzu FVD1000 Truck with Flo-con patching unit, Plant No 3601 be received and noted. 2. The quotation received from Ausroad Systems Pty Ltd of $439,430.00 (Ex GST) for the purchase of a Ausroad 6m3 Jetmaster with Isuzu FXZ 260-350 Auto Truck be accepted. 3. The additional extras being Road Broom $6,090.00 (Ex GST) and Multipurpose full width paving and edging unit $7,815.00 (Ex GST) be purchased. 4. The trade in offer of $54,545.45 (Ex GST) received from Ausroad Systems Pty Ltd for the 2009 Isuzu FVD1000 Truck with Flo-con patching unit, Plant No 3601 be accepted. Carried |
11.6 Replacement of Loader - Plant 1302 RFQ2021/24 |
Resolution 209/2021 Moved: Cr David Graham Seconded: Cr Charlie Sheahan 1. The Report for the replacement of 2012 Volvo L110F Loader, Plant No 1302 be received and noted. 2. The quotation received from Earthmoving Equipment Australia Pty Ltd of $275,650.00 (Ex GST) for the purchase of a CASE 721G Loader be accepted. 3. The trade in offer of $145,000.00 (Ex GST) received from Earthmoving Equipment Australia Pty Ltd for 2012 Volvo L110F Loader, Plant No 1302 be accepted. Carried |
11.7 Replacement of All Wheel Drive Grader - Plant 1202 RFQ2021/23 |
Resolution 210/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham 1. The Report for the replacement of 2011 CAT 120M AWD Grader, Plant No 1202 be received and noted. 2. The quotation received from Westrac Pty Ltd of $471,177.12 (Ex GST) for the purchase of a CAT 150 AWD Grader be accepted. 3. The trade in offer of $140,000.00 (Ex GST) received from Westrac Pty Ltd for 2011 CAT 120M AWD Grader, Plant No 1202 be accepted. Carried |
11.8 Tender - Wet and Dry Plant Hire RFT2021/15 |
Resolution 211/2021 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly 1. Council notes that Forty-Five (45) tenders to form a Panel Contract for the Wet and Dry Hire of Plant were received. 2. In accordance with Clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accepts all tenders listed Column A and B of within this report, subject to the receipt of required information from tenderers listed in Column B of this report for the Panel Contract for the Wet and Dry Hire of Plant (RFT2021/15). 3. That the General Manager be authorised to execute contracts to form a panel of contractors for the Wet and Dry Hire of Plant (RFT2021/15). 4. That all tenderers be advised of Council’s decision. Carried |
6.2 Mayoral Minute - Council Obtain 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 |
The General Manager report to Council his progress in obtaining 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 as resolved at the Ordinary Meeting held 25th May, 2021 (Min. no.105/2021).
As there was no motion moved on this matter, the matter lapsed.
|
11.9 Resumption of Open Council Meeting
Resolution 212/2021 Moved: Cr Doug Phillips Seconded: Cr Leigh Bowden The Open Council meeting resume. Carried |
11.10 Announcement of Closed Council Resolutions
Note: The General Manager announced the resolutions made in Closed Council.
The Meeting closed at 10:11pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 31 August 2021.
................................................... ...................................................
CHAIRPERSON GENERAL MANAGER
31 August 2021 |
DOCUMENT NUMBER |
355310 |
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
Nil |
So as to keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes.
The information in the Mayoral Minute be received and noted. |
23rd July, 2021
I attended a Riverina Eastern Regional Organisation of Councils Meeting in Wagga Wagga.
26th July, 2021
Cr Sheahan attended an Adina Court Board meeting.
27th July, 2021
29th July, 2021
I attended a meeting with representatives of CWP Jeremiah Windfarm.
Cr Nicholson and I attended a meeting with representatives of the Gundagai Preschool Kindergarten Inc Committee.
30th July, 2021
Cr’s Nicholson and Graham and I attended a meeting with representatives of the Gundagai Preschool Kindergarten Inc Committee.
Cr Palmer (Deputy Mayor) and Cr Bowden attended the annual Cootamundra Development Corporation Business Awards.
I attended a meeting to discuss residential land options in Gundagai.
2nd August, 2021
Cr’s Nicholson and Graham attended a meeting with representatives of the Gundagai Preschool Kindergarten Inc Committee.
10th August, 2021
I attended a Riverina Joint Organisation Operations Party meeting.
Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson and Sheahan and I attended a Councillor Workshop.
12th August, 2021
Cr Sheahan chaired the Cootamundra-Gundagai Local Area Traffic Committee meeting.
Cr Palmer (Deputy Mayor), Cr’s Bowden and Graham and I participated in the General Manager’s performance review.
14th August, 2021
I participated in a COVID Lockdown meeting via Zoom hosted by Member for Cootamundra, Steph Cooke, MP.
19th August, 2021
Cr Sheahan Chaired an Access and Inclusion Advisory Committee meeting.
20th August, 2021
I attended a Riverina Eastern Regional Organisation of Councils Executive meeting in Wagga Wagga.
11th August, 2021
Cr Sheahan attended a Cootamundra Aerodrome Users Group meeting.
24th August, 2021
Cr Palmer (Deputy Mayor), Cr’s Bowden, Nicholson, Sheahan and I attended a Councillor briefing on a development assessment.
31 August 2021 |
7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 12 August 2021
REPORTING OFFICER |
Julie Buckley, Operations Support Officer |
AUTHORISING OFFICER |
Phillip McMurray, 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. |
1. Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 12 August 2021
|
1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 12 August 2021, attached to the report be received and noted. 2. Council consider the recommendations contained in the Minutes as detailed in the report. |
Heading
The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on 12 August, 2021 are submitted for the information of Council and the community.
Recommendations for consideration within the Minutes:
2.3 SIGHTSEEING/VIEWING AREAS ALONG COUNCIL ROADS
That Council does not establish any viewing area along Council Roads.
2.6 UPDATE TO WATTLE TIME CELEBRATIONS 2021
1. That further approval be given for the annual Wattle Time Parade and Fair, to be held on 11 September 2021, to the Cootamundra Development Corporation to:
Hold the annual Wattle Time Parade with the following road closures:
· The closure of Murray Street between Adams and Bourke Street between 9:00am and 12:30pm to assist with marshalling of the participants;
· The closure of Adams Street from Murray Street to Parker Street, the closure of Parker Street between Adams and Wallendoon Street, the closure of Wallendoon Street between Parker and Murray Street to hold the Street Parade between 9:55am and 11:00am;
· The closure of Murray Street from Adams Street to Bourke Street at the cessation of the parade to assist with the dis-assembly of the floats.
2. That all businesses along the route be advised.
3. That approval be given for the Closure of Bourke Street from Thompson and Sutton Streets between 9:00 am and 4:00 pm to display vintage cars.
4. That appropriate COVID Safety Plans be adhered to.
2.10 CELEBRATE COOTA CHRISTMAS PARTY
1. That approval be given for the Celebrate Coota Christmas Party be given to the Cootamundra Development Corporation to:
Hold the 2021 Celebrate Coota Christmas Party on 16 December 2021 with the following road closures:
· The closure of Parker Street between Adams and Wallendoon Street to hold the Christmas festivities incorporating late night shopping between 4:30pm and 9:00pm.
2. That all businesses along the route be advised and road closures be advertised in the community.
3. That appropriate COVID Safety Plans be adhered to.
Minutes Cootamundra-Gundagai Local Traffic Committee Meeting
cootamundra administration centre
10am, Thursday 12th August, 2021
Administration Centres: 1300 459 689 |
Cootamundra-Gundagai Local Traffic Committee Meeting Minutes |
12 August 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Cootamundra-Gundagai
Local Traffic Committee Meeting
HELD AT THE COOTAMUNDRA
ADMINISTRATION CENTRE
ON Thursday, 12 August
2021 AT 10am
PRESENT: Cr Charlie Sheahan, NSW Police Leading Senior Constable - Paul Kemp, Local Electorate Representative - Gwen Norman, Greg Minehan (Manager Network & Safety Services Transport for NSW
IN ATTENDANCE: Matt Stubbs (Manager Technical Services and Mark Ellis (Manager Civil Works)
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 Apologies
NSW Police Sgt Ben Smith and Fazlul Hoque (Transport for NSW – moved to another area in TfNSW)
3 Disclosures of Interest
Nil
4 Reports
2.1 First Avenue Gundagai One Way Modifications |
Recommendation 1. The Committee endorse the changes to the existing one-way arrangement between Kitchener and Homer Streets. 2. The Committee endorse the extension of the one-way arrangement between Homer and Virgil Streets. |
2.2 Impact of additional Safety Barriers on State Road Networks |
Recommendation For the Committee’s discussion Comment: Concern was raised about safety of when vehicles have to stop adjacent to new guard rail installations on State Roads. There is insufficient space between the guard rail and the edge of the road. The TfNSW representative will take back to TfNSW for comment. |
2.3 Sightseeing/Viewing areas along Council Roads |
Recommendation That Council does not establish any viewing areas along Council roads. |
2.4 Morris Street Cootamundra - Parking and Pedestrian Issues |
Recommendation That the Committee explore the option of one-way traffic along Morris Street, Cootamundra. |
2.5 Cootamundra Arts Centre Emergency Exit |
Recommendation That the Committee seek a design regarding access and resubmit to the Local Area Traffic Committee. |
2.6 Update to Wattle Time Celebrations 2021 |
Recommendation 1. That further approval be given for the annual Wattle Time Parade and Fair, to be held on 11 September 2021, to the Cootamundra Development Corporation to: Hold the annual Wattle Time Parade with the following road closures: · The closure of Murray Street between Adams and Bourke Street between 9:00am and 12:30pm to assist with marshalling of the participants; · The closure of Adams Street from Murray Street to Parker Street, the closure of Parker Street between Adams and Wallendoon Street, the closure of Wallendoon Street between Parker and Murray Street to hold the Street Parade between 9:55am and 11:00am; · The closure of Murray Street from Adams Street to Bourke Street at the cessation of the parade to assist with the dis-assembly of the floats. 2. That all businesses along the route be advised. 3. That approval be given for the Closure of Bourke Street from Thompson and Sutton Streets between 9:00 am and 4:00 pm to display vintage cars. 4. That appropriate COVID Safety Plans be adhered to. |
2.7 Special Event Application - 99 Not Out Vintage Motorcycle Run |
Recommendation The Committee noted the 99 Not Out Vintage Motorcycle Run, to be held on 20 November 2021 on minor rural roads in the Cootamundra-Gundagai Regional area. |
2.8 Pollie Pedal 2021 |
Recommendation The Committee noted the Pollie Pedal 2021, to be held on 11 September 2021 on minor rural roads in the Cootamundra-Gundagai Regional area. |
2.9 ANU Inward Bound Event 2021 |
Recommendation The Traffic Committee endorse the proposed ANU Inward Bound event, to be held on 8 & 9 October 2021, pending evidence of approval is provided from Forestry Corporation of NSW, NSW Ambulance and NSW Police. |
2.10 Celebrate Coota Christmas Party |
Recommendation 1. That approval be given for the Celebrate Coota Christmas Party be given to the Cootamundra Development Corporation to: Hold the 2021 Celebrate Coota Christmas Party on 16 December 2021 with the following road closures: · The closure of Parker Street between Adams and Wallendoon Street to hold the Christmas festivities incorporating late night shopping between 4:30pm and 9:00pm. 2. That all businesses along the route be advised and road closures be advertised in the community. 3. That appropriate COVID Safety Plans be adhered to. |
2.11 Cootamundra Showground Events |
Recommendation That Council install permanent signage to enable events at the showground to proceed under appropriate reduced traffic speeds. |
2.12 2021 Upcoming Events |
Recommendation For the Committee’s information Aerodrome Events Runway Thrash 2 17/18 September OR 19/20 November – to be confirmed Showground Swap Meet 5 September 99 Not Out Motorbike Run 20 November Pollie Pedal 11 September 2021 Inward Bound 8/9 October Toy Run 11 December (yet to be confirmed with Traffic Committee – November meeting) |
2.13 GENERAL BUSINESS |
Old Gundagai Road Closure – Bathurst Car Racing Event The Committee considered erecting signage at each end of the Old Gundagai Road for the weekend of the Bathurst Car Races to redirect the traffic through Cootamundra. A trial will be undertaken for the next event. Speed Zone Extension Transport for NSW will investigate extending the 50kph signage along Boundary Road to include the new Boundary Road subdivision. Transport for NSW to also investigate the extension of the 50kph signage along Temora Road to West Jindalee Road. Speed Zone – Parker Street Transport for NSW will undertake a preliminary investigation into reduced speeds along Parker Street in the Cootamundra CBD with the view of creating a safer road environment. Burra Road Bridge/Detour Advice that, due to the Burra Road Bridge failure, that a side track is being constructed to allow vehicles past. Wallendbeen Rail Bridge Greg Minehan updated progress on the bridge. Current plans are for the temporary bridge to be open in mid-November with traffic lights to be installed allowing for one-way traffic at a time. A further investigation will be undertaken to assess the current signage from traffic detours around the area. Pedestrian Crossings Advice has been received from Steph Cooke, MP advising warrants for Pedestrian Crossings on local streets and roads can be considered/designed according to current standards and design controls. Any such works will have to be at Council’s cost unless a funding grant is available. The Committee have now requested a report be prepared and presented back to the Committee for Sheridan Street, Gundagai. |
The Meeting closed at 11:30am.
The minutes of this meeting were confirmed at the Cootamundra-Gundagai Regional Council Meeting held on 31 August 2021.
................................................... …………………………………………………
CHAIRPERSON GENERAL MANAGER
31 August 2021 |
7.2 Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 11 August 2021
REPORTING OFFICER |
Julie Buckley, Operations Support Officer |
AUTHORISING OFFICER |
Phillip McMurray, 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. |
1. Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 11 August 2021
|
1. The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 11 August 2021, attached to the report, be received and noted. 2. Recommendations in the Minutes be considered by Council as detailed in the report. |
Heading
The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on 11 August, 2021 are submitted for the information of Council and the community.
The following recommendations are from the Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting.
2.1 Fees and Charges
2. The Committee suggested that income from the Aerodrome rates and lease fees be directed to an Aerodrome Reserve fund for future works.
2.2 Future Land Use
That:
1. Investigation be undertaken to identify potential land development options at the Cootamundra Aerodrome.
2. Consideration be given to Quinlan Drive duplication and land at the north eastern end of the aerodrome behind South West Fuels.
3. Once land development options have been identified, a report be prepared and submitted to Council for consideration.
Minutes Aerodrome Advisory Committee Meeting
stephen ward rooms, Cootamundra
9:30am, Wednesday 11TH AUGUST, 2021
Administration Centres: 1300 459 689 |
Aerodrome Advisory Committee Meeting Minutes |
11 August 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Aerodrome Advisory
Committee Meeting
HELD AT THE stephen
ward rooms, Cootamundra
ON Wednesday, 11
August 2021 AT 9:30am
PRESENT: Cr Charlie Sheahan, Clinton McKenzie, John Fleming, Paul Roberts, Mark Ellis, Madlin Snell and Darren Thompson.
IN ATTENDANCE:
1 Apologies
Ben Morgan and Andrew Brock
2 Reports
Recommendation That: 1. The proposed $250.00 per annum fee for all premises be noted. |
Recommendation 1. Investigates be undertaken to identify potential land development options at the Cootamundra Aerodrome. 2. Consideration be given to Quinlan Drive duplication and land at the north eastern end of the aerodrome behind South West Fuels. 3. Once land development options have been identified, a report be prepared and submitted to Council for consideration.
|
2.3 General Business Update |
Recommendation For the Committee’s information. New Windsock – has been installed. Update on Derelict Planes – 3 out of the 4 owners have advised they will remove their planes as soon as possible. The 4th plane has no ownership and maybe advertised for removal. Operating Procedures for Aerodrome Events – Ensure qualified operator, who is conversant with operating procedures, is using the radio for communications. John Fleming indicated he could train someone or would volunteer at events. NOTAMS - Concern was raised about the details in the NOTAMS issued for aerodrome events. Further discussion about wording and closures/restrictions will be undertaken between Council staff and Committee members to determine and clarify the most appropriate wording. |
The Meeting closed at 10:35am.
The minutes of this meeting were confirmed at the Cootamundra-Gundagai Regional Council Meeting held on 31 August 2021.
................................................... ...................................................
CHAIRPERSON GENERAL MANAGER
31 August 2021 |
DOCUMENT NUMBER |
354037 |
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REPORTING OFFICER |
Linda Wiles, Coordinator Business |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
Amendments to the 2021/22 Fees and Charges be implemented. |
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LEGISLATIVE IMPLICATIONS |
In accordance with section 405 of the Local Government Act, 1993. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Draft Fees and Charges 2021/22 ⇩ |
1. The amended 2021/22 Fees and Charges, placed on public exhibition for 28 days, ending 25 August 2021, attached to the report be adopted. 2. The updated 2021/22 Fees and Charges be placed on Council’s website.
|
Introduction
At its Ordinary Meeting held Tuesday, 29th June 2021, Council resolved (Min. no. 139/2021) to undertake a Councillor Workshop to further review the 2021/22 Fees and Charges. A workshop was held 13th July, 2021 to identify any potential amendments to the fees and charges and place on public exhibition for a further 28 day period if required.
At its Ordinary Meeting held Tuesday, 27th July 2021, Council resolved (Min. no. that the amended fees and charges be placed on public exhibition for a period of 28 days seeking public comment through its usual mediums. No submissions were received during the exhibition period.
Amendments to the adopted Fees and Charges as exhibited
The following amendments have been made:
Tipping Fees - Cootamundra landfill
· Adjustments to size of animals.
· Sorted Industrial/Commercial Bulk Waste – fee decrease (from $80 to $40).
· Unsorted Industrial/Commercial Bulk Waste – fee increase (from $150 to $180).
· Cootamundra Builders Rubble descriptor changed to Industrial/Commercial.
· Sorted Industrial/Commercial for ratepayer– fee decrease (from $50 to $40).
· Unsorted Industrial/Commercial for ratepayer – fee increase (from $90 to $180).
· Sorted Industrial/Commercial for waste generated outside the Council area – fee decrease (from $147 to $140)
· Unsorted Industrial/Commercial for waste generated outside the Council area – fee increase (from $217 to $230)
· Gundagai Landfill – Clean Organic – Loads delivered by Sedan Minimum charge – fee added $8.00
· Gundagai Builders Rubble descriptor changed to Industrial/Commercial
Library Fees
· Other Library Fees assisted scanning services – fee added $60 per hour
· Printing and Photocopying Library Fees reduced
Fees Added
· Gundagai Sporting Groups Seniors – $10 per player per sporting code
· Gundagai Sporting Groups Juniors – $5 per player per sporting code
· Gundagai Grounds includes parks Travelling Markets – $200
· Aerodrome Commercial Use Annual Fee – $250
Waste Management charges amended to correlate with Council’s Revenue Policy.
Liquid Trade Waste annual fee and waste usage charge amended to correlate with Council’s Revenue Policy.
Other minor formatting errors throughout document were addressed.
31 August 2021 |
DOCUMENT NUMBER |
355683 |
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REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
This policy is to be read in conjunction with the Code of Conduct. |
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1. Draft Model Councillor and Staff Interaction Policy ⇩ |
The draft Model Councillor and Staff Interaction Policy be adopted. |
Introduction
The office of local government has released a draft model Councillor and Staff Interaction Policy, which has been developed in consultation with councils.
Discussion
The model policy provides an exemplar approach, incorporating examples of best practice from a diverse range of NSW councils. At its core, the policy has two main goals:
· to establish a framework by which councillors can access the information they need to perform their civic functions, and
· to promote positive and respectful interactions between councillors and staff.
31 August 2021 |
DOCUMENT NUMBER |
355737 |
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REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
The election of a Deputy Mayor may be conducted pursuant to Section 231 of the Local Government Act, 1993. Such election is conducted in accordance with Schedule 7 of the Local Government (General) Regulation, 2005. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Council circular dated 13.08.2021 - September 2021 Mayoral Elections - 21-24 ⇩ 2. Council Circular dated 25.07.2021 Postponement of the local government elections to 4 December 2021 - 21-20 ⇩ |
1. That Council notes the report in relation to the Postponement of the 2021 Local Government Elections 2. A report on the election of the Mayor and Deputy Mayor be submitted to the September 2021 Council meeting. 3. The Ordinary Meeting of Council scheduled to be held 14th December, 2021 be cancelled. 4. A meeting be scheduled for the week commencing 10 January 2022, being no later than three weeks after election results have been declared.
|
Introduction
The Report on the Postponement of the 2021 Local Government Elections is to advise Councillors of the impacts of postponing the local government elections scheduled to be held on 4th September, 2021 to 4th December, 2021.
Discussion
As Councillors are no doubt aware, the upcoming 4th September, 2021 Local Government Elections have been postponed by the Minister for Local Government. The Local Government Elections will now be held on 4th December, 2021. The impact on the position of Mayor, Deputy Mayor and Council meetings dates is detailed below.
Election of Mayor
Section 290 (1) (a) the Local Government Act, 1993 (the Act) states that the election of the Mayor must occur within 3 weeks after the ordinary election.
Section 290 (3) the Act states that an election of Councillors does not conclude until the declaration of the election of all councillors of the council concerned.
The Office of Local Government has advised that it is anticipated that Electoral Polls will be declared progressively between 21 – 23 December which will require the first meeting of the new Council to be held in the week commencing 10 January 2022.It should be noted that postal votes received up to 17 December 2021 can be included in the vote.
The table below outlines possible dates for the first meeting of the newly elected Council.
Poll declared |
First meeting no later than |
Tuesday 21 December 2021 |
Tuesday 11 January 2022 |
Wednesday 22 December 2021 |
Wednesday 12 January 2022 |
Thursday 23 December 2021 |
Thursday 13 January 2022 |
It should be noted that the Mayor ceases to hold the office of Mayor or a Councillor on 4th December, 2021 and therefore Council will be without an elected spokesperson for almost six weeks.
The change of election date does not negate the requirement to hold mayoral elections in the interim. In September 2019, Council elected Cr Abb McAlister as Mayor, and Cr Dennis Palmer, as Deputy Mayor, for a two year term. Mayoral elections must be held at the Ordinary Meeting to be held 28th September, 2021. A report on the election of mayor and deputy mayor will be submitted for the deliberation of Council.
With the postponement of the local government elections to 4th December, 2021 it will not be possible to hold the Ordinary Meeting scheduled to be held 14th December, 2021 as resolved by Council at its Ordinary Meeting held 24th November, 2020 (Min. no.335/2020). Therefore it is recommended that the scheduled meeting not be conducted in December 2021, and the last meeting of the sitting Council be brought forward to Tuesday, 30th November, 2021.
A copy of Circular 21-20 is attached for the information of Council.
31 August 2021 |
DOCUMENT NUMBER |
354677 |
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REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
In accordance with section 404(5) of the Local Government Act, 1993. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Q4 Progress Report ⇩ |
The Delivery Program incorporating the Operational Plan 2020/21, quarterly progress report, (4th Quarter 1 April – 30 June 2021), attached to the report, be received and noted. |
Discussion
Section 404 (5) of the Local Government Act, 1993 requires that ‘The general manager must ensure that regular progress reports are provided to the council, reporting as to its progress with respect to the principal activities detailed in its delivery’.
Accordingly, attached to this report is the quarterly progress report outlining the extent to which performance measures and targets, set out in the Delivery Program and Operational Plan, have been achieved during the fourth quarter of the reporting year; that is between 1 April – 30 June 2021.
The next progress report will be presented to Council at the Ordinary Meeting of Council to be held 30 November 2021 and will consist of status updates for actions within the 21/22 Operational Plan (1st quarter reporting period of July-September 2021).
31 August 2021 |
DOCUMENT NUMBER |
353935 |
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REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
There are no legislative implications associated with this report. |
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POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
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1. TACC s.355 Committee AGM Minutes 15 July 2021 ⇩ 2. TACC s.355 Committee Ordinary Meeting Minutes 15 July 2021 ⇩ |
1. The Minutes of The Arts Centre Cootamundra s.355 Committee Annual General Meeting held on 15 July 2021, attached to the report, be received and noted. 2. The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 15 July 2021, attached to the report, be received and noted. 3. The office bearers and membership of The Arts Centre Cootamundra s.355 Committee, as detailed in the report, be endorsed. |
Introduction
The attached Minutes of The Art Centre Cootamundra s.355 Committee Ordinary Meeting held on 15 July 2021, are submitted for the information of Council.
Membership
The Arts Centre Cootamundra (TACC) s.355 Committee conducted their Annual General Meeting (AGM) on 15 July 2021. The details of office bearers and membership is provided for Council’s consideration, as follows:
Chairperson: Andrew Brock Vice-Chairperson: Julie Cowell
Secretary: Natalie Cowled Treasurer: Bruce Haines
Performing Arts: Eric Steinke Visual Arts: Annabel Marley
Committee Members: Isabel Scott, Amanda-Lee Boatswain, Daya Saraswati, Anette Haines, and Robert Donohoe
Council Representative: TBA
Council’s endorsement of the Committee membership and office bearers is requested.
31 August 2021 |
DOCUMENT NUMBER |
355688 |
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REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
||||||
FINANCIAL IMPLICATIONS |
The cost of $895 for registration for per attendee and costs of accommodation and travel if . |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
||||||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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Nil |
Council consider attending the Australian Local Government Association’s 2021 National Roads and Transport Congress. |
Introduction
The Australian Local Government Association holds an Annual Local Roads and Transport Congress and an Annual National Roads and Transport Congress. Typically the Manager for Civil Works and Manager for Technical Services alternate attendance at each conference so that each attend at least one Congress annually. Cr Sheahan, as the Chair of the Cootamundra-Gundagai Local Traffic Committee, attends each Congress with a Manager and is not charged for registration to attend the event.
Discussion
The Australian Local Government Association’s 2021 National Roads and Transport Congress is to be held at Wrest Point, Tasmania 7th – 9th November, 2020. The proximity of the Congress affords an opportunity for both the Manager of Civil Works and Manager Technical Services to attend the Congress together due to reduced cost of travel and accommodation. The registration fee to attend is $989 per attendee with Cr Sheahan’s registration is free. Any additional Councillor wishing to attend will be charged the $989 registration fee.
31 August 2021 |
DOCUMENT NUMBER |
354266 |
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REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
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1. MCRG s.355 Meeting Minutes 7 June 2021 ⇩ |
The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 7 June 2021, attached to the report, be received and noted. |
Introduction
The attached Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 7 June 2021, is submitted for the information of Council and the community.
31 August 2021 |
DOCUMENT NUMBER |
354714 |
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REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
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1. CTAG Meeting Notes 5 August 2021 ⇩ |
The meeting notes of the Cootamundra Tourism Action Group s.355 Committee Meeting held on 5 August 2021, attached to the report, be received, and noted. |
Introduction
The attached meeting notes of the Cootamundra Tourism Action Group s.355 Committee meeting held on 5 August 2021, are submitted for the information of Council.
31 August 2021 |
DOCUMENT NUMBER |
355037 |
|||
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
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1. MHMC s.355 Meeting Minutes 28 July 2021 ⇩ 2. Colour scheme discussion paper ⇩ 3. Steph Cooke invite from committee ⇩ 4. MG Paul Brereton invite from committee ⇩ 5. Muttama Hall Financial Report 20/21 ⇩ |
The Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 28 July 2021, attached to the report, be received and noted. |
Introduction
The attached Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 28 July, 2021, is submitted for the information of Council and the community.
31 August 2021 |
DOCUMENT NUMBER |
355686 |
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REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
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. |
|||
1. Updated Council Meeting Action Report ⇩ |
The Updated Council Meeting Action Report, attached, be noted. |
Introduction
The Council Meeting Action Report lists actions resolved from previous Council Meetings so the Mayor and Councillors can be assured those actions are completed or progressing.
31 August 2021 |
DOCUMENT NUMBER |
355658 |
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REPORTING OFFICER |
Phillip McMurray, General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
The FAGs contribution as detailed in the 2021/22 Financial Assistance Grants – Advice to Council. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
1. 2021-22 Financial Assistance Grants - Advice to Council ⇩ 2. 2021-22 Financial Assistance Grants - Appendix A ⇩ |
The report on 2021-22 Financial Assistance Grants – Advice to Council, the 2021-2022 Financial Assistance Grants - Advice to Council and the 2021-22 Financial Assistance Grants - Appendix A attached to the report be received and noted. |
Introduction
Council has received the 2021-2022 Financial Assistance Grants (FAGs) estimated entitlement for Cootamundra-Gundagai Regional Council. The 2021-2022 Financial Assistance Grants - Advice to Council and the 2021-22 Financial Assistance Grants - Appendix A are attached to the report.
Discussion
The advice indicates an increase of 2.1% with Council receiving $5,633,068. This is made up of a General Purpose component of $3,954,826 and a Local Roads component of $1,678,242. The determination of this grant is based on a variety of indexes including population, disability measure, road length etc. This grant will now be factored into Council’s Budget.
31 August 2021 |
DOCUMENT NUMBER |
353980 |
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REPORTING OFFICER |
John Chapman, Interim Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
Council’s investment income for March 2021 was $4,551.46, 38% over the budgeted figure of $3,289.37. |
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LEGISLATIVE IMPLICATIONS |
Council investments comply fully with Section 625 of the Local Government Act (NSW), 1993, Local Government (General) Regulation, 2005 paragraph 212. |
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POLICY IMPLICATIONS |
The Investment Policy was adopted on 31st July 2018 and is due for review on 31st July 2021. |
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1. Investment Report June 2021 ⇩ |
The Investment Report for June, 2021 be received and noted. |
Introduction
The monthly investment report provides an overview of Council’s investments, and their performance for the month.
Discussion
Investments for the month have produced interest of $4,551.46 being 38% over the budget for the month.
31 August 2021 |
DOCUMENT NUMBER |
353981 |
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REPORTING OFFICER |
John Chapman, Interim Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
Council’s investment income for July 2021 was $ $6,210.07, 24% over the budgeted figure of $5,000. |
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LEGISLATIVE IMPLICATIONS |
Council investments comply fully with Section 625 of the Local Government Act (NSW), 1993, Local Government (General) Regulation, 2005 paragraph 212. |
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POLICY IMPLICATIONS |
The Investment Policy was adopted on 31st July 2018 and is due for review on 31st July 2021. |
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1. Investment Report July 2021 ⇩ |
The Investment Report for July, 2021 be received and noted. |
Introduction
The monthly investment report provides an overview of Council’s investments, and their performance for the month.
Discussion
Investments for the month have produced interest of $6,210.07, 24 being over the budget for the month.
31 August 2021 |
DOCUMENT NUMBER |
347683 |
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REPORTING OFFICER |
John Chapman, Interim Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
Regular monitoring of Council’s finances will ensure that any issues are identified in a timely manner. |
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LEGISLATIVE IMPLICATIONS |
There are no legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no policy implications associated with this report. |
|||
1. March 2021 Monthly Finance Report ⇩ |
The Finance Report for June, 2021 be received and noted. |
Introduction
The Monthly Finance Report provides Councillors with an update on the current budget status.
Discussion
The June 2021 Finance Report has not been prepared as there a numerous significant year-end processes yet to be finalised. These adjustments include calculation and posting of depreciation, accrual of specific grants income due and specific grants income received in advance.
A Finance report for June 2021 will be prepared upon completion of the abovementioned year-end processes.
31 August 2021 |
DOCUMENT NUMBER |
353982 |
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REPORTING OFFICER |
John Chapman, Interim Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
Regular monitoring of Council’s finances will ensure that any issues are identified in a timely manner. |
|||
LEGISLATIVE IMPLICATIONS |
There are no legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no policy implications associated with this report. |
|||
1. Consolidated Budget Report July 2021 ⇩ 2. Business Unit-Cost Centre Report July 2021 ⇩ 3. Capital Expenditure Summary July 2021 ⇩ |
That the Finance Report for July, 2021 be received and noted. |
Introduction
The Monthly Finance Report provides Councillors with an update on the current budget status.
Discussion
At this early stage of the financial year no major concerns have been identified.
The payment and raising of commitments in July, 2021 for several annual expenses (e.g. insurance premiums etc) skews the report slightly but generally expenditure is within budget.
Similarly, rates and annual charges for the 2021/22 financial year for General Rates and Waste Service Annual Charges were levied in July, 2021, resulting in 71.65% of the annual budget being accrued as income.
A number of capital works projects commenced in 2020-2021 were incomplete as of 30th June, 2021. The balance of funding for these projects will need to be carried forward to the 2021/22 financial year.
These, and other relevant adjustments will be made in the September, 2021 Quarterly Budget Review.
31 August 2021 |
DOCUMENT NUMBER |
355669 |
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REPORTING OFFICER |
Phillip McMurray, General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
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. |
|||
1. DRAFT External Grant Applications for Council Commitees Procedure ⇩ 2. DRAFT External Grant Funding Policy ⇩ 3. DRAFT External Grant Applications for Council Commitees Policy ⇩ |
1. The Cootamundra-Gundagai Regional Council Grants report be received and noted. 2. The . Cootamundra-Gundagai Regional Council Grants Policies and Procedures attached to the report be adopted.
|
Introduction
Collectively, councils raise more than 80% of their own revenue with rates accounting for about 38% of this revenue.
Individual councils have differing abilities to raise revenue, based on location, population size, rate base and the ability to levy user charges. For example:
· Smaller rural councils typically receive higher proportions in grants and have lower reliance on rates.
· Many inner metropolitan and interface councils can receive larger amounts in other revenues (such as car parking and developer contributions).
· Developed metropolitan councils often have a higher reliance on rates.
Local government revenue comes from three main sources – taxation (rates), user charges and grants from federal and state/territory governments. A fourth source, categorised as “miscellaneous” by the Australian Bureau of Statistics, consists of revenue raised through the likes of investment interest, dividend interest, income from public enterprise, and fines.
More than a quarter of total local government revenue comes from user charges.
Overall, grants and subsidies from the Australian and state/territory governments account for around 14% of total revenue. For some rural and remote councils where own-source revenue raising capacity is limited, grants can account for more than 50% of council revenue.
(Source https://alga.asn.au/facts-and-figures/)
Discussion
Cootamundra-Gundagai regional Council has a high volume of assets, with $313Million in road assets and a combined $602Miliion in community assets. Council’s Long Term Financial Plan identifies that with constraints placed over major sources of income, Council faces the necessity to increase income from other sources while finding savings to enable financial sustainability. A greater reliance on capital grants will be necessary for asset renewal to maintain an acceptable level of asset infrastructure. The NSW Government has announced significant capital grant funding in the short term, including for asset renewals, upgrades and new assets.
In order to attract investment into projects that will ultimately appropriately service the community and also reduce Council’s asset management burden. As such, funding applications submitted need to be in alignment with Council’s Community Strategic Plan, Council’s other Adopted Strategies and site-specific masterplans. Council staff need to proactively seek out appropriate funding opportunities to implement strategy and submit and manage funding applications in an organised and prudential manner. The attached suite of Policy and Procedure documents are designed to guide this process in accordance with best practice.
A procedure for the External Grants Funding Policy, will be developed to support the same.
Ordinary Council Meeting Agenda |
31 August 2021 |
Draft External Grant Applications for Council Committees Procedure
Approval and Distribution
1. Approved by |
2. Council resolution, with Policy |
3. Responsible Officer |
4. Governance Officer /Manager Community and Culture |
5. Council Service Unit |
6. General Manager |
7. Next Review Date |
8. 25-May-2024 |
Version Control
9. Ref |
10. Date |
11. Description |
12. Resolution Number |
13. 0.1 |
14. 25-05-2021 |
15. Presented to Council with relevant policy. |
16. TBA |
17. |
18. |
19. |
20. |
21. |
22. |
23. |
24. |
Purpose
The purpose of this procedure is to ensure effective grant administration for Management Committees of Council including procurement decisions. The key aims are to:
· establish a framework for managing, monitoring and evaluating grants and grant funded initiatives
· provide a framework for consistent, objective analysis aligned to Council’s Delivery Program before applying for grants
· provide Council with information regarding the construction of assets on Council managed land
· provide for the appropriate execution of Council’s obligations as Managers of Crown Land (including but not limited to the delivery of approved Plans of Management)
Scope
This procedure applies to all grants, whether match funded or not, that require applications to be made. The procedure applies:
· To all Management and Standing Committees of Council
· To all Advisory Committees and Reference Groups of Council
· To all s.355 Committees of Council
· To all sporting organisations utilising Council’s facilities
· Where Council is one of a number of partners in a joint external funding application
· Where Council auspices an external grant on behalf of another organisation/s
· Where an application is being made for renewal of a currently held grant
· Where a funding provider approves a grant application with variations to the original proposal
There is a diverse range and level of funding which Council can apply for and it is necessary to take this into consideration when determining an appropriate process for applying for grants.
At times there is a short lead time for expressions of interest or grant applications which does not enable the details of the funding to be provided to Council prior to application. Should this occur the General Manager or their delegate will authorise the application, if the funding application is successful a report must be provided to Council before the funding is accepted and any formal arrangements entered into.
Responsibility
Manager Community & Culture – all applicants must discuss their applications with Council’s Manager Community & Culture before submission.
Governance Officer, liaison for s.355 Committees only. Does not hold delegation to apply for grants.
Approval
General Manager - In all circumstances committees must seek Council approval to apply for grants and funding opportunities.
Related Policy
External Grant Applications for Council Committees Policy.
Review
This document is to be reviewed every three (3) years to ensure that it remains relevant and meets legislative requirements, in conjunction with the External Grant Applications for Council Committees Policy.
Procedure Instruction
1. Identify grants/funding programs relevant to your needs.
2. Identify the land owner of the land in question and seek permission from the land owner/s.
3. Research the identified grants/funding program to ensure you, your club or organisation as well as your project/funding request is eligible.
4. View the relevant website to investigate the following areas:
• Funding guidelines and objectives
• Application process and required forms
• Eligibility of project and organisation for funding
• Opening and closing dates
5. Before developing a grant application contact the Funding Provider to discuss your eligibility, project and the application process.
6. Recommendation for the funding application to be presented to the committee meeting for resolution. Report and minutes to be provided to Council when seeking approval.
7. Provide a letter to Council requesting approval to proceed in making the funding application. In the letter you will need to identify the landowner of the intended project site so that Council can determine future ownership of any asset being funded. A copy of the above documents along with the minutes resolving to make the funding application should be enclosed for approval. Send your application to: The General Manager, Cootamundra-Gundagai Regional Council, 81 Wallendoon Street, Cootamundra NSW 2590.
8. Prepare your application following the program guidelines and ensuring you meet all funding outcomes. Check all required documentation and information has been included prior to submitting the application to the relevant funding organisation before the closing date.
In addition, Committees making applications for funding should consider the following:
· Identifying and Managing Risks Associated with Funding Applications; Committees should ensure that all project risks, including potential cost ‘blow-outs’, are identified and managed appropriately to ensure that committee funds are available to finish projects if additional unforeseen costs are incurred by the committee for the project. All project risks must be identified in your notification to Council prior to applying for funding.
· Requests For Letters of Support For Funding Applications:
Committees who would like to request a letter of support from Council to include in the funding application should allow at least 2 weeks for their requests to be considered. Requests that allow for more than two weeks’ notice (where possible) are always appreciated.
In all circumstances committees must seek Council approval to apply for grants and funding opportunities.
What funding will be considered:
· The construction of new sporting recreational and community facilities, including fixtures and fittings.
· The upgrading of existing sporting, recreational and community facilities.
· The provision of ancillary and support facilities at established sporting, recreational and community facilities.
What funding will not be considered:
· Requests for day to day maintenance or replacement through normal wear and tear, (e.g. painting), salaries or running costs.
· Items of equipment.
· The development of private or commercial ventures.
Applicants must discuss their applications with Council’s Manager Community & Culture before submission.
31 August 2021 |
Draft External Grant Funding Policy
Policy Approval and Distribution
25. Approved by |
26. Council resolution |
27. Responsible Officer |
28. Manager Community & Culture /Manager Finance & Customer Service |
29. Council Service Unit |
30. General Manager |
31. Next Review Date |
32. 25-May-2024 |
Version Control
33. Ref |
34. Date |
35. Description |
36. Resolution Number |
37. 0.1 |
38. 25-05-2021 |
39. Presented to Council. |
40. TBA |
41. |
42. |
43. |
44. |
45. |
46. |
47. |
48. |
Purpose
To ensure effective management of grants funded from external organisations, including procurement decisions. The key aims are to:
· Establish a framework for managing, monitoring and evaluating grants and grant funded initiatives;
· To ensure consistent and objective analysis of external funding opportunities to ensure alignment with Council’s integrated plans (i.e., Community Strategic Plan, Resourcing Strategies, Delivery Program, Operational Plan, Local Strategic Planning Statement); and
· To ensure that ongoing expenses beyond the term of the funding are transparent, agreed upon and are not burdensome on Council.
Scope
This policy applies to all grants that require applications to be made. The policy applies to all Council staff and Councillors:
· Where Council is submitting an external funding application;
· Where Council is one of a number of partners in a joint external funding application;
· Where funding provided approves a grant application with variations to the original proposal.
Definitions
“External Grant” means any assistance by way of a sum of money or other resource provided to Council by State, Federal or non-government agencies on the condition that the assistance is used for a specified purpose.
“Funding agreement” means a legally enforceable agreement setting out the terms and conditions governing funding determined by the grant-giving organisation. The form of the agreement will depend on the intent of the grant and the degree of control required. The forms of enforceable funding agreements include:
· Deed;
· Contract; and/or
· Exchange of letters.
Legislative Framework
Local Government Act 1993 and Local Government (General) Regulation 2005
Local Government Code of Accounting Practice and Financial Reporting
Accounting Standards
Local Government Asset Accounting Manual
Local Government Revenue Raising Manual
Related CGRC Documents
External Grant Applications for Management Committee Policy
External Grant Applications for Management Committee Procedure
External Grant Funding Procedure
Code of Conduct Policy
Procurement Policy and Guidelines
Review Period
This document is to be reviewed every three (3) years to ensure that it remains relevant and meets legislative requirements.
Policy Statement
Grants are an important source of funding for Council projects but need to be considered in the context of Council’s priorities, plans and other funding options. Before applying for a grant, it is important to ensure that Council considers whole of life costs (capital grants) and any requirement for matching funds. Council must ensure that it can comply with any conditions stated in the grant application form and/or grant application guidelines.
All grant funded projects should be managed in accordance with best practice project management techniques.
1. Authorisation / Approval
Formal Council resolution is required prior to grant funding being applied for amounts over $50,000 that are not specifically detailed in the Delivery Program / Operational Plan, or other adopted Council Strategic Plan.
Formal Council resolution is also required prior to grant funding being applied for where a Council contribution is required and that contribution has not been included in the Delivery Program / Operational Plan.
The General Manager may delegate authority to approve all other grant funding applications that are not detailed in the Delivery Program / Operational Plan, as part of the quarterly budget review process.
Any new Grant funding application proposed to Council that exceed the $50,000 approval limit will need to be supported by a business case.
It is recognised that at times there is a short lead time for external grant applications that does not allow sufficient time for the proper authorisations. Should this occur, the General Manager, with the concurrence of the Mayor, will authorise the application and then provide a report to the next Council meeting.
2. Expressions of Interest Process
In some cases, there is an initial Expressions of Interest process followed by an invitation to submit a grant application. An Expression of Interest in a grant does not require a Council resolution as Council is not committing to a grant application. Should an Expression of Interest in a grant lead to an invitation to apply for a grant, Section 1 applies for grant amounts that are not detailed in the Delivery Program / Operational Plan.
3. Assessment Process
Before applying for a grant, an assessment should be carried out on the likely impact of the grant on Council. Questions to consider include:
· Does the grant align with Council’s Strategic Plans?
· Does Council have resources available or budget funding (for grant applications prepared by external consultants) to prepare an expression of interest and/or a grant application?
· How will Council fund any matching contribution?
· What are the future financial implications?
· What impacts will it have on Council business?
· Does Council have the capacity and expertise to carry out the task or project for which they are receiving the grant?
· Are the necessary processes and requirements in place i.e. legal, governance, supervision, record-keeping etc.?
· What are the risks and emerging issues that may affect Council’s obligations to fulfil the commitments under the grant?
· Where the grant is for the provision of a service, will the grant create expectations in the community or with internal stakeholders that Council will continue to deliver the service beyond the funding period?
· Whole of Life cost impacts (if relevant).
4. Conflict Of Interest
The Code of Conduct applies to any grant application and in particular the need to declare any conflict of interest in relation to the grant application.
5. Recognition Treatment
Grant revenue is generally recognised when the grant funds are received or receivable; for example, where the control of the future economic benefits have been obtained and agreement is enforceable.
Where conditional grant funds are received in:
· advance: a liability would be recognised until the conditions are met; or
· arrears: revenue would be recognised once the conditions are met.
6. Records
Appropriate records will be kept in accordance with Council’s Records Management Policy.
7. Responsibilities
The General Manager is responsible for the implementation of this policy. Budget / Project Managers will be required to provide background information and recommendations in relation to applications in their areas of work.
31 August 2021 |
Draft External Grant Applications for Council Committees Policy
Policy Approval and Distribution
49. Approved by |
50. Council resolution |
51. Responsible Officer |
52. Governance Officer /Manager Community and Culture |
53. Council Service Unit |
54. General Manager |
55. Next Review Date |
56. 25-May-2024 |
Version Control
57. Ref |
58. Date |
59. Description |
60. Resolution Number |
61. 0.1 |
62. 25-05-2021 |
63. Presented to Council. |
64. TBA |
65. |
66. |
67. |
68. |
69. |
70. |
71. |
72. |
Purpose
The purpose of this policy is to ensure the effective management of externally provided grants/funding for Committees of Council and to assist Cootamundra-Gundagai area organisations to improve their existing facilities or develop new facilities. The key aims are to:
· Establish a framework for managing, monitoring and evaluating grants and grant funded initiatives,
Provide framework for consistent, objective analysis aligned to Council’s Strategic Plans and Operational Plan before applying for grants.
Scope
This policy applies to all grants, whether match funded or not, that require applications to be made external to Council. The policy applies:
· To all Management and Standing Committees of Council
· To all Advisory Committees and Reference Groups of Council
· To all s.355 Committees of Council
· To all sporting organisations utilising Councils facilities
· Where Council is one of a number of partners in a joint external funding application
· Where Council auspices an external grant on behalf of another organisation/s
· Where an application is being made for renewal of a currently held grant
· Where a funding provider approves a grant application with variations to the original proposal
Definitions
“Grant” - A sum of money given to organisations or individuals for a specific purpose directed at achieving goals and objectives consistent with Council’s strategic direction. The recipient is selected on merit against a set of criteria and funding is subject to entering a written agreement with Council that outlines accountability requirements.
“Sponsorship” - A reciprocal arrangement between individuals, groups or companies and Council, which is documented. It can cover both cash and in-kind considerations. The arrangement is clearly understood by both parties, with clear outcomes and timelines, and articulates the rights and responsibilities on both sides. These outcomes are deliverable and measurable and align with the goals and aspirations of Council.
Specific authority levels exist for Council employees at the initiation, negotiation and sign-off stages of the sponsorship process. Each sponsorship arrangement, when concluded, requires formal feedback and evaluation of the sponsorship arrangement by Council.
“Donation” - Gifts given in cash or in-kind without return consideration.
“Loan” - An arrangement in which a lender gives money to a borrower, and the borrower agrees to repay the money, usually along with interest, at some future point in time. Usually, there is a predetermined time for repaying a loan.
Related CGRC Documents
External Grant Funding Policy
External Grant Applications for Management Committees Procedure
Section 355 Committee Management Manual
Code of Conduct Policy for committee members, delegates of council and council advisers
Procurement Policy and Guidelines
Review Period
This document is to be reviewed every three (3) years to ensure that it remains relevant and meets legislative requirements.
Policy Statement
1. Eligibility
The land on which the grant/funding and facility development is proposed must be either; Council owned or Council managed land.
A wide variety of projects will be considered for Council endorsement under this policy, however, priority will be given to projects that are characterised by one or more of the following:
· Projects satisfying a community need, which are complementary to an existing reserve or facility development e.g. minor building additions and projects which complement existing facilities/reserves
· Projects that broaden community access and increase opportunities for participation
· Projects that address issues around safety and risk management
· Projects that maximise the range of users of the facility
2. Council Assessment Criteria
Projects will be assessed against the below criteria:
Community Benefit:
· Demonstrate a direct benefit to the residents of the Council area
· Evidence that supports an anticipated increase in participation rates
· The extent to which the project maximises the use of the facility
· That the proposed project is sympathetic to the surrounds of the reserve or building
· The extent to which projects address the issues of safety and risk management
Evidence of Need:
· Evidence that demonstrates community support and need for the project
· Evidence that demonstrates improvement to Council assets
· The extent to which the project is supported by an adopted concept plan, feasibility assessment and/or linked to any planning process of Council
Financial Assessment:
· The ability of the project to be completed within the required time frame
· The financial capacity of the Committee of Management or other interested party to fund any additional contribution for the project where applicable
· The ability of the project or planned stage to be completed within the financial year
· Grants or other funds available
3. Reporting
An Information Report must be provided to Council when:
· External Grant Funding applications are successful or unsuccessful
· A copy of the Grant Application must be provided to Council
· A copy of the Grant Acquittal must be provided to Council upon completion
31 August 2021 |
DOCUMENT NUMBER |
355537 |
|||
REPORTING OFFICER |
Miriam Crane, Manager Community and Culture |
|||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
No matched contribution required. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
1. Cootamundra-Gundagai Regional Entrepreneurs Program ⇩ |
Council endorse the Bushfire Black Summer Recovery Grant for $122,000 for the Cootamundra - Gundagai Regional Entrepreneurs' Program. |
Introduction
Council engaged Tilma Group to prepare an Agritourism Strategy for the Council area with funding received through the Bushfire Local Economic Recovery Fund in 2020. The Strategy is in a final draft stage and undergoing review based on feedback from a public exhibition period. This plan follows from Cootamundra-Gundagai Regional Council’s (Council/CGRC) 2018 Rural Land Issues Paper: Agricultural Tourism.
Cootamundra-Gundagai region is known for being supportive of developing new agritourism businesses and has a sufficient concentration of agritourism experiences to support increased agritourism visitation.
The Strategy focused on four key aims:
1. promotion, support and business development for existing agritourism businesses
2. support and assistance for farmers to start agritourism businesses
3. providing appropriate land use zoning and streamlined planning processes to support the development of agritourism
4. attracting more tourists to make agritourism a more profitable and sustainable enterprise
The main issue with implementation of the Strategy, once adopted, will be resourcing given Councils limited human and financial resources.
Discussion
Voyager Strategies has put together a proposal for a consultant supported Cootamundra - Gundagai Regional Entrepreneurs' Program. The program consists of three streams:
1. Acceleration for promising existing businesses (including embracing new business models);
2. Incubation for intenders or very early businesses;
3. Project Development to encourage the business community to band together to build business cases to deliver new capability.
This application for the Bushfire Black Summer Recovery Grants would cover the implementation of this Program. Suggested partnerships to be formed in delivery of the Program include Muttama Creek Landcare Group, who identified a need to diversify our community and industry to strengthen it, and to champion early adoption in appropriate technology as a forerunner to more broadscale change for more sustainable communities, in recent strategic planning activities. Other logical partners would be the Cootamundra Development Corporation and the Gundagai Regional Enhancement Group. We are in a unique opportunity for entrepreneurial activity as due to COVID and Climate Change the rapid adoption of new technology is possible.
The Bushfire Black Summer Recovery Grants application is due September 2nd.
31 August 2021 |
DOCUMENT NUMBER |
355274 |
|||
REPORTING OFFICER |
Miriam Crane, Manager Community and Culture |
|||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
Adoption of the Child Protection Policy and Procedure. |
|||
1. Draft Child Protection Policy and Procedure ⇩ |
That Council adopt the Draft Child Protection Policy and Procedure.
|
Introduction
On 1st March, 2020, the Children's Guardian Act, 2019 (the Act) came into effect. This Bill proposes amendments to that Act including a requirement for child-related organisations, including councils, to implement the Child Safe Standards and be held accountable for their implementation through independent oversight.
The ten Child Safe Standards are:
1. Child safety is embedded in institutional leadership, governance and culture
2. Children participate in decisions affecting them and are taken seriously
3. Families and communities are informed and involved
4. Equity is upheld and diverse needs are taken into account
5. People working with children are suitable and supported
6. Processes to respond to complaints of child sexual abuse are child-focused
7. Staff are equipped with the knowledge, skills and awareness to keep children safe
through continual education and training
8. Physical and online environments minimise the opportunity for abuse to occur
9. Implementation of the Child Safe Standards is continuously reviewed and improved
10. Policies and procedures document how the institution is child safe
The Bill seeks to implement a stronger, more preventative Child Safe Scheme (more-so than the Working with Children Check scheme and the Reportable Conduct Scheme). This will occur by enabling the Office of the Children’s Guardian to proactively address identified gaps in an organisation’s systems and processes before an incident occurs, guided by the Child Safe Standards, and respond to concerns in a proportionate way through the availability of strengthened powers to monitor, investigate and enforce Child Safe Standards.
The new framework is reflected across two new parts in the Bill – proposed Parts 3A (the Child Safe Scheme) and 9A (Enforcement measures).
Discussion
Councils’ services which involve direct contact with and/or direct service delivery to children include:
• Youth services
• Library services
• Swimming pools
• Sporting facilities
• Supervisors of work experience students
• Colleagues of workers under the age of 18
• Investigators of child protection allegations against staff
Councils also have relationships with organisations in our communities that have contact with children. The types of relationships council have with other child related services include:
• Owner of leased facility or premises
o The Neighbourhood Centre
o The Arts Centre
o Gundagai Preschool
• Employer of a contractor, supplier or vendor
• Funder of programs and initiatives
• Community engagement
• Provider of resources or information
• Facilitator of events
It is therefore essential that Council consider adopting and continuously review a Child Protection Policy and Procedure that covers all areas of the organisation.
Ordinary Council Meeting Agenda |
31 August 2021 |
DRAFT Child Protection Policy and Procedure
Policy Approval and Distribution
73. Approved by |
74. Council resolution or General Manager for internal organisational policies |
75. Responsible Officer |
76. General Manager |
77. Council Service Unit |
78. Human Resources |
79. Next Review Date |
80. dd-MMM-yyyy |
Version Control
81. Ref |
82. Date |
83. Description |
84. Council Resolution |
85. 1.0 |
86. dd-MMM-yyyy |
87. Presented to Council for adoption |
88. TBA |
89. |
90. |
91. |
92. |
93. |
94. |
95. |
96. |
Purpose
Cootamundra - Gundagai Regional Council (Council) is committed to promoting the safety, welfare & wellbeing of children. This means providing risk free and supporting environments where children are safe and respected. A safe environment is one in which children and young people are free from harm or abuse of any kind. The goal of child protection is to promote, protect and fulfil children’s rights to be free from abuse, neglect, exploitation and violence.
Scope
This policy covers all council employee’s including: Full time, part time, casual and temporary employees. The Mayor, Councilor’s, Volunteers, Committee Members and Consultants. This policy relates to children and young people under the age of 16.
An allegation of child abuse, neglect, reportable conduct or ill treatment may be made against a Mayor, Councilor, employee, volunteer, contractor, visitor or committee member by another employee, child, a child's parents/caregiver, or may arise from advice received by an investigative agency including the Police, FaCs, The NSW Ombudsman or the Office of the children’s guardian.
An allegation may be for an incident that occurred in the workplace or elsewhere. An allegation may be received in writing or verbally.
Definitions
A child or young person is defined as any person under the age of 16
An employee of council includes full time, part time, casual and temporary employees. The Mayor. All councilors, Volunteers, independent contractors, consultants, committee members, and work experience students.
Reportable conduct:
Reportable Conduct in accordance with the Children’s Guardian Act 2019, means the following:
(whether a criminal proceeding in relation to the conduct has been commenced or concluded)
• a sexual offence
• sexual misconduct
• ill-treatment of a child
• neglect of a child
• an assault against a child
• an offence under section 43B or 316A of the Crimes Act 1900
• behaviour that causes significant emotional or psychological harm to a child
Risk of significant harm:
A child or young person is at risk of significant harm if the circumstances that are causing concern for the safety, welfare or wellbeing of the child or young person are present to a significant extent.
What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare or wellbeing.
‘Significant’ can result from a single act or omission or an accumulation of these.
Sexual offence:
Is an offence of a sexual nature under a law of the State, another State, a Territory, or the Commonwealth, committed against, with or in the presence of a child.
Examples of sexual offences:
· sexual touching of a child
· a child grooming offence
· production, dissemination or possession of child abuse material
Sexual misconduct:
Is conduct with, towards or in the presence of a child that:
· is sexual in nature, but
· is not a sexual offence.
Examples of sexual misconduct:
· descriptions of sexual acts without a legitimate reason to provide the descriptions
· sexual comments, conversations or communications
· comments to a child that express a desire to act in a sexual manner towards the child or another child
Ill-treatment:
Is conduct towards a child that is unreasonable and seriously inappropriate, improper, inhumane or cruel.
Examples of ill-treatment:
· making excessive or degrading demands of a child
· a pattern of hostile or degrading comments or behaviour towards a child
· using inappropriate forms of behaviour management towards a child
Neglect:
Is significant failure to provide adequate and proper supervision or medical aid that causes or is likely to cause harm to a child.
Examples of neglect:
· failing to protect a child from abuse
· exposing a child to a harmful environment
· failure to adeptly undertake working with children check regulations
Assault:
Is the intentional or reckless application of physical force without lawful justification or excuse, or any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence.
Examples of assault:
· hitting, striking, kicking, punching or dragging a child
· threatening to physically harm a child
The above conduct qualifies as reportable even in cases where the child or young person has given their consent to the behaviour.
Vexatious Complaint:
Is a complaint that is falsely made. It is not made in good faith or based on evidence. Council recognizes that sometimes a claim maybe made honestly, based on a real perception of negative treatment, but for various reasons the evidence will not support the claim. This instance will not be considered Vexatious.
Mandatory reporter:
Certain groups of people are required by law to report to Government if they suspect (using their professional judgement and training) on reasonable grounds, that a child or young person is at risk of harm or significant harm. In NSW, a mandatory reporter is anybody who delivers the following services to children as part of their paid or professional work:
· health care (e.g. doctors, nurses, dentists and other health workers)
· welfare (e.g. psychologists, social workers and youth workers)
· education (e.g. teachers, principals)
· children’s services (e.g. childcare workers, family day carers and home-based carers)
· residential services (e.g. refuge workers, community housing providers)
· law enforcement (e.g. police)
· religious organisations
· Registered Psychologists
‘Mandatory reporter’ also includes the direct managers of the above groups.
Legislative Framework
The Office of the Children’s Guardian in NSW & The Department of Family and Community Services (FaCs) are the statutory authority responsible for child protection.
This policy relates to the following legislative frame works:
· Children’s Guardian Act 2019
· Child Protection (Working with Children) Act 2012
· Children Legislation Amendment (Wood Enquiry Recommendations) Act 2009
· Children and Young People Act 2008
· Children and Young Persons (Care and Protection) Act 1998
· Mandatory reporters Guide (MRG)
· Children Protection Helpline 13 21 11
NSW Reporting Obligations
Department of Family and Community Services:
Any person who has reasonable grounds to believe that a child or young person is at risk of significant harm may report to the Department of Family and Community Services. Mandatory Reporters must legally report concerns about risk of significant harm to kids to the Department of Family and Community Services.
NSW Ombudsman:
The NSW Ombudsman supervises the complaints process of all state and local government agencies. People using these services can complain to the Ombudsman and the Ombudsman can check that the agency has handled the complaint properly.
Office of the Children's Guardian:
From 1 March 2020, the reportable Conduct scheme was transferred to the Office of The Children’s Guardian. Reporting bodies have a legal obligation to report findings of sexual misconduct and serious physical assault involving children to the Office of the Children's Guardian.
Under Schedule 1 of the Child Protection (Working with Children) Act 2012 the conduct that must be reported is:
· sexual misconduct committed against, with or in the presence of a child, including grooming of a child.
· any serious physical assault of a child.
Under the legislation, reporting bodies must investigate allegations of such conduct to make an informed finding as to whether the conduct occurred.
To determine whether the conduct meets the criteria, reporting bodies must consider the nature of the conduct itself and the context in which it occurred.
If the investigation results in a finding that sexual misconduct or serious physical assault occurred, the reporting body must report this finding to the Office of the Children’s Guardian.
Under the Child Protection (Working with Children) Act 2012 only findings of sexual misconduct and serious physical assault must be reported, although the Ombudsman may report other misconduct to the Office of the Children’s Guardian
Related CGRC Policies
Council has a number of existing policies & procedures which should be read in conjunction with this policy including:
· Digital Media Policy and Procedure
· Code of Conduct Policy and Procedures
· Internal Reporting Policy
· Staff Grievance Resolution Policy and Procedure
· Employee Assistance Policy
· Use of Information Technology and Communication Devices Policy
· Records Management Policy
· Domestic Violence Policy
Procedures
If there is an immediate danger to the child, the local police station should be contacted immediately.
In the event of a notification being received an employee should:
Make a written observation, including the date and full name of child
The observation identifying the concern must be documented immediately and must note:
· firsthand observation of the child, young person
· what the child, young person, parent or other person has disclosed
· Any Inappropriate behaviour around child or young person
· Suspicion of abuse or harm to a child or young person
An employee should raise the matter in confidence with their supervisor or manager immediately.
After notification has been reported an employee should Follow up with their Manager to ensure procedures have been followed through with.
When a child makes a disclosure Follow procedures above AND
• Remain calm and objective and Comfort the child
• Listen to and believe the child
• Consideration may need to be taken in regard to cultural sensitivity, ability and age of child
• Don’t make promises that you cannot keep
• Convey messages that it is not their fault and it was right to tell
• Tell them you will need to talk to other people whose job it is to help keep children safe
• Report to Your supervisor or manager as soon as possible that same day.
• Do not question the child about details. All investigations will be carried out by authorized person’s only.
The General Manger will be the authorized person responsible for following through with legal requirements of all child protection notifications, and where appropriate conduct internal investigations, notify the FaCs, the NSW Ombudsman, the Office of the children’s Guardian, police and Human Resources.
The General Manager with guidance from the Office of the children’s guardian will determine:
· whether the Police need to be informed
· when and how the child’s parents are to be informed
· when, and how, the staff member will be informed
Once determination has been made, Coordinator Human Resources will inform the staff member, against whom the allegation is made of:
· the substance of the allegation
· that they may make a submission on their own behalf
· that they do not have the right to know the identity of the person making the allegation or have access to other material provided by witnesses
The General Manager will determine the immediate employment status of the staff member against whom the allegation has been made.
· In the event of a serious allegation the staff member may be placed on suspension with or without pay.
· In the case of serious and wilful misconduct instant dismissal will be actioned.
Internal investigations shall be carried out sensitively in accordance with council’s Grievance Resolution Policy and Procedure. Should the internal investigation findings be deemed to be proven, council will notify the NSW Ombudsman and The Office of the Children’s Guardian.
Should it be deemed by the Office of the Children’s Gaudian that the allegation is considered reportable, Council will follow all reporting protocols and guidelines as set out by legislative requirements. Including Police notification and the office of the Children’s Guardian record management.
At the conclusion of the investigation, all records will be sent to Human Resources, to be kept in a confidential manner and accessible only to appropriate senior staff or legal representatives should the need arise.
Should an employee be a Mandatory reporter any incident should be reported immediately to their manager then follow through with legally responsible Mandatory Reporter obligations.
Should the allegation be against their direct manager or the general manager, an employee should seek an alternate manager to make the report to.