../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

Business

Paper

 

Ordinary Council Meeting

 

Alby Schultz Meeting Space, Cootamundra

 

6:00 PM, Tuesday 30th November, 2021

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

30 November 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 Space, Cootamundra on:

Tuesday, 30th November, 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

30 November 2021

 

AGENDA

Order Of Business

 

1          Acknowledgement of Country. 7

2          Open Forum.. 7

3          Apologies. 7

4          Disclosures of Interest. 7

5          Confirmation of Minutes. 8

5.1            Minutes of the Ordinary Meeting of Council held on Tuesday 26 October 2021. 8

6          Mayoral Minutes. 46

6.1            Mayoral Minute - Councillor Engagement November, 2021. 46

6.2            Mayoral Minute - Farewell to Cr Dennis Palmer - Deputy Mayor. 60

6.3            Mayoral Minute - Farewell and Thank You to Cr Doug Phillips. 62

7          Reports from Committees. 63

7.1            Minutes of the Internal Audit Committee Meeting held on Thursday 4 November 2021  63

7.2            Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 November 2021. 69

7.3            Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 November 2021. 74

8          General Manager’s Report. 81

8.1            Business. 82

8.1.1        Delivery Program and Operational Plan Quarterly Progress Report 82

8.1.2        Annual Report inclusive of End of Term report 131

8.1.3        Council Representation Through the Council Recess Period. 243

8.1.4        Cootamundra-Gundagai Regional Council Christmas and New Year Closure. 244

8.1.5        Code of Conduct Complaint Statistics. 246

8.1.6        The Arts Centre Cootamundra s.355 Committee Meeting Minutes. 250

8.1.7        Muttama Hall Management s.355 Committee Meeting Minutes. 258

8.1.8        Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes. 279

8.1.9        Australia Day 2022. 283

8.1.10     Updated Council Meeting Action Report - November 2021. 285

8.1.11     Information Bulletin. 298

8.2            Finance. 470

8.2.1        Investment Report - October 2021. 470

8.2.2        September 2021 Quarterly Budget Review Statement 473

8.2.3        Request to Waive Rates on Lot 586 DP 726192 Middleton Drive Gundagai 484

8.2.4        Referral of Financial Statements for Audit 488

8.3            Community and Culture. 490

8.3.1        Minutes of the Access and Inclusion Committee Meeting held on Thursday 28 October 2021. 490

8.3.2        Cootamundra Tourism Action Group Advisory Committee - Meeting Held 4th November, 2021. 496

8.4            Development, Building and Compliance. 500

8.4.1        Development Application 2021/149 - 137 Hurley Street, Cootamundra - Variation to Develoment Control Plan. 500

8.4.2        Development Application 2021/163 - 42 Bourke Street, Cootamundra - Variation to Development Control Plan. 529

8.4.3        Development Application 2021/171 - 63 Pinkerton Road, Cootamundra - Variation to Development Control Plan. 566

8.4.4        Request for extinguishment of Easement - 101-173 Cowcumbla Street, Cootamundra. 596

8.4.5        Development Applications October 2021. 601

8.5            Regulatory Services. 604

8.5.1        Regulatory Report October 2021. 604

8.6            Assets. 607

8.6.1        Irrigation to Dog off Leash Park and Recycled Water Management System, Cootamundra. 607

8.6.2        Sewage Pumping Station (SPS) and Rising Main Investigation and Design. 609

8.7            Civil Works. 611

8.7.1        Civil Works and Technical Services Report - November 2021. 611

8.7.2        Proposed Projects for Local Roads Community Infrastructure Program.. 613

8.8            Technical Services. 616

8.8.1        Community Bus Funding Opportunity. 616

8.9            Facilities. 618

8.9.1        The Arts Centre Cootamundra - Goods and Services Tax Report 618

8.9.2        Cootamundra Depots 1 and 2  Minor Upgrades. 632

8.10          Waste, Parks and Recreation. 634

8.10.1     Prices for Sale of Recycable Items. 634

8.10.2     Jubilee Park Redevelopment 637

8.10.3     Cootamundra Aquatic Centre & Stadium Annual Report 639

9          Motion of which Notice has been Given. 646

9.1            Notice of Motion - First Nations Cultural Awareness Training be Included as a Permanent Part of the Induction Program for Each New Council Term of Office. 646

10       Questions with Notice. 647

11       Confidential Items. 648

11.1          Closed Council Report 648

11.2          South West Fuels Electricity Provision Financial Considerations. 648

11.3          Resumption of Open Council Meeting. 648

11.4          Announcement of Closed Council Resolutions. 649

 


1            Acknowledgement of Country

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.

ADJOURN MEETING FOR OPEN FORUM

2            Open Forum

RESUME OPEN MEETING

3            Apologies

4            Disclosures of Interest


Ordinary Council Meeting Agenda

30 November 2021

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 26 October 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.

ATTACHMENTS

1.       Minutes of the Ordinary Meeting of Council held on Tuesday 26 October 2021 

    

 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 26 October 2021 be confirmed as a true and correct record of the meeting.

 

 

 

 


 

../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

6:00 PM, Tuesday 26th OCTOBER, 2021

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Minutes

26 October 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE
Alby Schultz Meeting Centre, Cootamundra
ON
Tuesday, 26 October 2021 AT 6:00 PM

 

PRESENT:                 Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), Cr Leigh Bowden, Cr David Graham, Cr Gil Kelly, Cr Penny Nicholson, Cr Doug Phillips, Cr Charlie Sheahan

IN ATTENDANCE:     Phillip McMurray (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Craig Perrin (Acting Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), John Chapman (Interim Manager Finance), Glen McAtear (Manager Regulatory Services)

1            Acknowledgement of Country

The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.

 

2            Open Forum

There were no speakers at the Open Forum.

 

3            Apologies

Nil

4            Disclosures of Interest

There were no disclosures of interest.

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021

Resolution  293/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

The Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021 be confirmed as a true and correct record of the meeting.

Carried

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement September to October 2021

Note: the following additional item was offered at the Meeting by Cr Bowden.

14th October, 2021

Cr Bowden attended a Cootamundra Development Corporation meeting.

Resolution  294/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

The information in the Mayoral Minute be received and noted.

Carried

 

7            Reports from Committees

Nil

8            General Manager’s Report

8.1         Business

8.1.1      Delegations to the General Manager During Post Election Recess Period

Resolution  295/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Dennis Palmer

The Report on the Delegations to the General Manager During Post Election Recess Period be received and noted.

Carried

 

8.1.2      Southern Cross Gliding Club Summer Camp 2021/22

Resolution  296/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Gil Kelly

1.       In accordance with section 610F of the Local Government Act, 1993 the fee of $100 (one hundred dollars) per registered attending Southern Cross Glider operator for the hire of the Cootamundra Aerodrome for the Southern Cross Gliding Club Summer Camp be placed on public exhibition for a period of twenty eight (28) as a permanent fee.

2.       Following the exhibition period further report be prepared and submitted to Council containing any submissions received at the end of the twenty eight day exhibition period.

3.       The new fee be adopted pending no submissions be received at the end of the twenty eight day exhibition period.

Carried

 

8.1.3      Tabling of Pecuniary Interest Returns

Resolution  297/2021  

Moved:       Cr David Graham

Seconded:   Cr Leigh Bowden

The tabling of pecuniary interest returns from Councillors and designated persons be noted.

Carried

 

 

8.1.4      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

Resolution  298/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 16th  September, 2021 attached to the report, be received and noted.

Carried

 

 

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

Resolution  299/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Doug Phillips

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 23 September 2021, attached to the report, be received and noted.

Carried

 


 

 

8.1.6      Muttama Hall Management s.355 Committee Meeting Minutes

Resolution  300/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

The Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 24 September 2021, attached to the report, be received and noted.

Carried

 

8.1.7      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution  301/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Charlie Sheahan

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 2 August, 2021 attached to the report, be received and noted.

Carried

 

8.1.8      Information Bulletin - October 2021

Resolution  302/2021  

Moved:       Cr David Graham

Seconded:   Cr Charlie Sheahan

1.                   The Information Bulletin – October, 2021, and attached correspondence, be received and noted.

2.                   Representations be made to The Hon. Paul Toole, Deputy Premier, Minister for Regional NSW and Regional Transport and Roads seeking increased funding for both State Regional Roads.

Carried

 

8.1.9      Updated Council Meeting Action Report

Resolution  303/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Dennis Palmer

The Updated Council Meeting Action Report, attached, be noted.

Carried

 

8.2         Finance

8.2.1      Request to Waive Rates on Lot 586 DP 726192 Middleton Drive Gundagai

Resolution  304/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

The item be deferred to the Ordinary Meeting to be held 30th November, 2021 for further information on the lease arrangement with Crown Lands to be brought to Council for consideration.

Carried

 

8.2.2      Investment Report - September 2021

Resolution  305/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Investment Report for September, 2021 be received and noted.

Carried

 

8.2.3      Monthly Finance Report for September, 2021

Resolution  306/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.       The Finance Report for September, 2021, and attached reports, be received and noted.

2.       Provision be made in the September, 2021 Quarterly Budget Review for expenditure of $521,877 to fund the proposed Bulk Light Emitting Diode (LED) Upgrade for Street Lighting.

Carried

 


 

8.3         Community and Culture

8.3.1      Riverina Regional Library Interim Report

Resolution  307/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

The Riverina Regional Library Interim Report be received and noted.

Carried

 

8.3.2      Cootamundra-Gundagai Agritourism Development Strategy Adoption

Resolution  308/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Penny Nicholson

1.        The Cootamundra-Gundagai Agritourism Development Plan 2021-2023 be adopted.

2.        Specific activities for the next four years be determined and included in Council’s draft Delivery Program and resourced through the associated Resourcing Strategy.

Carried

 

8.3.3      Historic Gundagai River Crossing Town Project

Resolution  309/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

Council endorse the Creative Capital expression of interest application for $5,000,000 for the Historic Gundagai River Crossing Town Project.

Carried

 

8.3.4      Gundagai Tourism Action Group Advisory Committee - Meeting Held 11th October, 2021

Resolution  310/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Doug Phillips

The Minutes of the Gundagai Tourism Action Group Advisory Committee meeting held on 11th October, 2021 attached to the report, be received and noted.

Carried

 

8.3.5      Cootamundra Tourism Action Group Advisory Committee - Meeting Held 7th October, 2021

Resolution  311/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

The Minutes of the Cootamundra Tourism Action Group Advisory Committee meeting held on 7th October, 2021 and the Pioneer Park - Tourism Working Group Sub-committee - Meeting Summary - 30.09.2021 attached to the report, be received and noted.

Carried

 

8.4         Development, Building and Compliance

8.4.1      DA2021/138 New Shed - 6 Cooper Street Cootamundra

Resolution  312/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Doug Phillips

That Council approve the following development subject to the consent conditions below:

·        Application Number: DA2021/138

·        Property:

Lot B DP363649

6 Cooper Street Cootamundra

·        Proposed Development: To remove existing 123m2 shed and replace with new 132m2 shed.

 

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.

 

Document Reference

Description

Author

Date

 

Site Plan

Simple Designs

September 2021

TUMUT-0250

Side Elevations

Emerald Design & Construction

12.08.2021

TUMUT-0250

End Elevations

Emerald Design & Construction

12.08.2021

TUMUT-0250

Plan Elevation

Emerald Design & Construction

12.08.2021

TUMUT-0250

Cross Section

Emerald Design & Construction

12.08.2021

 

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

(1)       PCC Condition – New Connection: Plumbing and Drainage Works.

 

An application shall be lodged and approved by Cootamundra Gundagai Regional 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 – 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 Manager Waste 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 - Pipe Replacement.

 

Should the proposed building be located over existing vitrified clay sewer pipes then such pipes shall be reinstated in PVC material in the area under the proposed building.

 

Reason: To minimise the opportunity for damage to the building as a result of leaking sewage.

 

(7)           DUR Condition - BCA Compliance.

 

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). 

 

Reason: To ensure the building complies with the BCA.

 

(8)           DUR Condition – Inspections.

 

The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.

 

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). 

 

Reason: To ensure that adequate time is given of required inspections.

 

(9)           DUR Condition – Restricted Public Access.

 

It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.

 

Reason: To ensure public safety is maintained.

 

(10)        DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

1.    To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter

 

Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system

 

(11)        DUR Condition – Storm Water / Ground Water Diversion.

 

Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.

 

Reason: To minimise the opportunity for ponding and flooding.

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

 

A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.

 

Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.

ONGOING USE

 

(1)       USE Condition – Business Use.

 

The 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.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Doug Phillips

Cr Charlie Sheahan

Nil

ABSENT

DECLARED INTEREST

Nil

Nil

Carried

 

8.4.2      DA2021/1133 - Proposed Shed - 153 Hurley Street Cootamundra

Resolution  313/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Charlie Sheahan

That Council approve the following development subject to the consent conditions below:

·        Application Number: DA2021/1133

·        Property:

Lot 12 DP 808897

153 Hurley Street

Cootamundra NSW 2590

·        Proposed Development: New Shed

 

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.

 

Document Reference

Description

Author

Date

 

Site Plan

Applicant

September 2021

MAST34967
Sheet 1 of 7

Foundation Plan & Member Layout

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 2 of 7

Elevations

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 3 of 7

Internal Frame Section

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 4 of 7

Bored Local Thickening Detail

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 5 of 7

Connection Detail
Member & Material Schedule

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 6 of 7

Engineering

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 7 of 7

Elevations

Fairdinkum Sheds

02.09.2021

MAST34967

Bolt Layout Plan

Fairdinkum Sheds

02.09.2021

 

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 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 Manager Waste 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 - BCA Compliance.

 

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). 

 

Reason: To ensure the building complies with the BCA.

 

(8)           DUR Condition – Inspections.

 

The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.

 

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). 

 

Reason: To ensure that adequate time is given of required inspections.

 

(9)           DUR Condition – Restricted Public Access.

 

It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.

 

Reason: To ensure public safety is maintained.

 

 

(10)        DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

1.    To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter

 

Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system

 

(11)        DUR Condition – Storm Water / Ground Water Diversion.

 

Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.

 

Reason: To minimise the opportunity for ponding and flooding.

 

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

 

A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.

 

Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.

ONGOING USE

(1)       USE Condition – Business Use.

 

The carport not being let, adapted or used for separate occupation or commercial purposes.

 

Reason: Development consent is required for any activity other than residential.

 

(2)       USE Condition – Clean and Tidy.

 

The premises are to be maintained in a clean and tidy condition at all times.

 

Reason: So that the development does not reduce the amenity of the area.

 

(3)       USE Condition –Amenity General.

 

The development is to be conducted in a manner that will not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, by causing interference to television or radio reception or otherwise.

 

Reason: So that the development does not reduce the amenity of the area.

 

(4)       USE Condition – Non Habitable Use.

 

The shed is not to be used for residential occupation without prior consent of Council.

 

Reason: Health and safety prohibition.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Doug Phillips

Cr Charlie Sheahan

Nil

ABSENT

DECLARED INTEREST

Nil

Nil

Carried

 

8.4.3      DA Modification - Mod2021/98.2 - 2-4 Cooper Street Cootamundra

Resolution  314/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.             That Council approve modification request 2021.98.2 to disregard on-site parking requirements of the Cootamundra Development Control Plan.

2.             That the developer is to install one on-street disabled car parking space and that the developer is responsible for the provision of any related costs.

3.             Conditions of DA 2021/98.2  consent are amended as follows:

·    Application Number: DA 2021/98.2

·    Property:

Lot A DP363649

2-4 Cooper Street

Cootamundra NSW 2590

·    Development: To renovate and change the use of building to Dental Clinic with onsite parking

 

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.

 

Document Reference

Description

Author

Date

 

Site Plan

Coota Design

July 2021

Drawing No. 1

Floor Plan, Elevations

& Cross Section

Coota Design

17.06.2021

Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.

 

(3)       GEN Condition - Compliance with Legislation

Regardless of consent the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.

 

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

 

(4)       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.

 

(5)       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.

 

(6)       GEN Condition – New Footpath Construction.

The Developer shall at their cost, construct a concrete footpath, 1.5 metres wide across the full frontage of the allotment and re-instate the nature strip afterwards to Council’s satisfaction along with the entire area under the proposed awning paved or concreted.

 

Reason: To ensure that adequate pedestrian access facilities are provided to the development to be benefit of the community.

 

(7)       GEN Condition – Public Land Costs

Costs attributed to all work involved on public land shall be borne by the proponent.

 

Reason: Need for applicants to be reasonable for costs arising as a result of development work

 

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1)       PCC Condition - Section 94A Contributions.

At the time of submission of a Construction Certificate all owning monies as they relate to Section 7.12 contributions must be paid in full.

 

Section 7.12 contributions are calculated on the estimated cost of development as specified on the Development Application at time of lodgement and may be subject to change with the coming of a new financial year or revised estimated cost of development.

 

Reason: So that the Section 94A Developer Contributions are paid in accordance with Council’s Section 94A policy as adopted 2011.

 

(2)       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.

 

(3)       PCC Condition - Road Opening and Closing Permit.

If it is proposed to construct a vehicular crossing on the public footpath a road opening permit must be obtained from Council and an appropriate fee paid for Council to assess or to carry out the design and construction of such crossing. No excavation of, or construction on the public footpath is authorised to be carried out by others than Council except in accordance with (a) a design approved by Council and (b) the terms of an appropriate road opening permit.

 

Reason: To ensure that work carried out on public roads conforms to the requirements of Council, the responsible authority.

 

(4)       PCC Condition - Trade Waste Device Required.

Any business or premises proposing to discharge a pollutant discharge greater than or differing from domestic usage is to submit to Council an application for a Trade Waste Licence. This application is to be approved by Council. This application is to be approved by Council prior to any discharge to sewer being commenced. A trade waste fee may be applicable in accordance with Council’s adopted Fees and Charges.

 

Reason: To comply with Council’s Trade Waste Policy

 

(5)       PCC Condition - Heritage Design Consideration.

So that the renovated building design and character is sympathetic with the heritage styles of the surrounding locality. The applicant must ensure that the colour schemes and materials used for the new dwelling complement the existing dwellings in the locality.

 

Plans and details demonstrating the above shall be submitted to the Principal Certifying Authority upon lodgement of the Construction Certificate Application.

 

Reason: So that the dwelling located on site appears more in character with the heritage styles of the existing buildings and does not detract from the character of the locality.

 

 

 

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 – Public Safety – Hoardings.

A hoarding or fence must be erected between the building or site of the proposed building and the public place (street frontage). If necessary, an awning sufficient to prevent any substance from, or in connection with, the work, falling onto a public place is also to be erected. Such hoardings require separate approval by Council and must comply with the requirements of the WorkCover Authority.

 

The hoarding or fence is to be kept lit during the time between sunset and sunrise if the work may be a source of danger to persons using the public place.

 

The hoarding, fence or awning is to be removed when it is no longer required for the purposes for which it was provided. Restriction of public access to the building site shall restrict entry by members or equipment on the site when building work is in progress or the site is otherwise unoccupied.

 

Reason: To protect the general public.

 

(6)       PCW Condition – Waste Storage During Construction.

Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.

 

Reason: To ensure that the site is not a source of wind-blown litter.

 

(7)       PCW Condition – Construction Safeguards.

Fire precautions during construction are to comply with PART E1.9 Building Code of Australia. Not less than one fire extinguisher to suit Class A, B and C fires and electrical fires must be provided at all times on each storey adjacent to each required exit.

 

Reason: To provide a minimum standard of fire safety during construction.

 

(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 Construction.

All work on the public footpath and roadway shall be carried out with due care and regard for the safety and convenience of the public including pedestrians, cyclists and motorists. Special regard shall be paid to caring for the needs of children, the disabled, the infirm and the elderly.

 

Reason: Preservation of the life, health and good will of members of the public.

 

(4)           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.

 

(5)           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 – 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 - 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 - Demolition of Buildings.

The following points must be complied with: -

 

1.    Building demolition work is to be carried out in accordance with the requirements / provisions of AS2601-2001 - Demolition

2.    All existing services are to be disconnected, sealed and made safe prior to the demolition a /or removal of existing structures on site - The sewer and water service is to be disconnected by a licensed plumber and drainer and all works are to be inspected by Council - The requirements of other utility authorities shall be ascertained and adhered to by the applicant

3.    The disposal of any asbestos materials in accordance with the requirements of WorkCover NSW and AS 2601-2001 - Demolition of Structures

4.    The applicant shall take all steps necessary to ensure the safety of adjoining neighbours and members of the general public

5.    Adjoining neighbours shall be given a minimum of 24 hours’ notice of the intention to commence demolition works

6.    Ground surface shall be graded and finished flat to ensure ease of maintenance

 

Reason: So that the demolition is conducted in a manner that maintains acceptable safety, environmental and legislative standards.

 

(11)        DUR Condition – Storm Water.

Storm water is to be discharged: -

 

1.    To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter

 

Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system

 

(12)        DUR Condition – Exit Doors.

In accordance with Clause D2.20 and Clause D2.21 of the Building Code of Australia, all exit doors must swing in the direction of egress. Exit doors must be readily openable without a key from the side that faces a person seeking egress, by a single handed downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor.

 

Reason: To facilitate exit from the building.

 

(13)        DUR Condition – Fire Hazard Index.

The early fire hazard indices of materials, linings and surface finishes must comply with specification C1.10 of the Building Code of Australia.

 

Reason: To suppress fire within places of public entertainment.

 

(14)        DUR Condition – Disabled Fitouts.

All ramps, hand rails and ablution fitouts shall be installed in accordance with Australian Standard 1428.1-2009 “Design for Access and Mobility, Part 1: General Requirements for Access – Buildings”.

 

Reason: To provide access for disabled people.

 

(15)        DUR Condition – Provide Suitable Access.

Access is to be constructed to Council specification and location. The access to be constructed and maintained at the owners cost such no soil erosion is caused.

 

Reason: To ensure that traffic movement generated by the development does not adversely affect the road system of the locality and that siltation of waterways is minimised.

 

(16)        DUR Condition – Disabled Carparking.

Additional Disabled Carparking spaces shall be incorporated in the existing carpark facility and in a position which is located as near as practical, adjacent to the premises entrance.

 

Reason: The legal obligations of an applicant to provide access/parking for disabled persons.

 

(17)        DUR Condition – Dust Free Carpark.

Carpark area and access driveway shall be constructed to a dust free standard, and maintained in good, dust fee condition.

 

Reason: To ensure that no dust nuisance occurs.

 

(18)        DUR Condition – Carpark Entry.

Entry and exit from the carpark is to be in a forward direction. Adequate turning space will be required to enable vehicles to leave the carpark in a forward direction.

 

Reason: To ensure acceptable standards of safety for both vehicular and pedestrian traffic.

 

(19)        DUR Condition – Alterations: Plumbing and Drainage Works.

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 Certificate of Compliance (C.O.C) after the work has been completed and also 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 NSW Fair Trading and The Plumbing Code of Australia.

 

Reason: Statutory compliance.

 

(20)        DUR Condition - Asbestos Removal.

Any quantity of asbestos, whether it be stabilised or non-stabilised (loose), should be undertaken with care. Stabilisation asbestos can include fibro sheets, fibro roofing, fibro water pipes, and bituminous floor tiles. If you are removing more than 10 sq. metres of surface area you will need to have a specially licensed person with WorkCover, authorised to undertake such work. If you are removing stabilised asbestos sheeting, roofing etc, observe the following the following precautions: -

 

1.    Remove entire sheets of materials without breaking the product, ie punch nail holes through rather than break the sheet, take down - don't drop

2.    Thoroughly wet each sheet of the waste before removing

3.    Wrap the sheeting in plastic 200 microns thick

4.    When transporting, make sure the top of the trailer is taped over with plastic sheeting and secured

5.    Transport to an asbestos authorised disposal area, ie Cootamundra Waste Depot is authorised, provided prior notice has been given so that the disposal pits are specifically opened up and protective gear is worn by the operator of the plant

6.    When unloading do not drop on the ground but gently place into the area as directed by the Council operator

7.    Do not use power tools which expose the asbestos fibres

8.    Do not scrub or water-blast any asbestos cement sheeting

9.    Do not slide sheets over other sheets as this will release fibres

10.  Wear a protective mask and goggles

 

Specific websites with additional information are at www.nsw.gov.au/fibro and www.diysafe.nsw.gov.au

 

Reason: To minimise the risk of asbestosis and to dispose of this harmful product in a safe secure manner at an accredited disposal point.

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.

 

(3)       POC Condition – Property Identification.

Street numbers of a size and type satisfactory to Council being affixed to the building or fence. Such numbers to be clearly visible from the street.

 

In rural areas, the number should be affixed near your property entrance at the fence line. The property is 2-4.

 

Reason: To ensure that the development is clearly identifiable and easily found by emergency, trade and other services.

ONGOING USE

(1)       USE Condition – Annual Certificate.

The owner of the building shall submit to Council an 'Annual Fire Safety Statement' (Form 1) by 1 July, each subsequent year after obtaining a 'Fire Safety Certificate' for the building from Council.

 

The 'Annual Fire Safety Statement' shall comply with the provisions set out in the Environmental Planning & Assessment Regulation 2000. Forms for this purpose can be collected from Council's offices.

 

Reason: To ensure that fire and other safety measures are maintained in a proper working condition.

 

(2)       USE Condition – Discrimination Laws.

The applicant's attention is drawn to legislation regarding responsibility to provide an improved environment for disabled persons.

 

The Disability Discrimination Act (DDA) is commonwealth legislation that aims to increase the economic and social independence of people with a disability.

 

The DDA applies to discrimination against any person on the grounds of disability in the areas of:  accommodation; education; access to premises; provision of goods; services and facilities; the activities of clubs or sports; and the request for information.

 

It should be noted that by the issuing of this consent the Council does not guarantee that all legislative requirements of the DDA or subsequent premises standards have been satisfied and that the owners/operators may still be subject to complaints being made under the DDA. It is advisable that the applicant should satisfy themselves with the requirements of the DDA and seek further professional advice if deemed necessary.

 

Reason: To clarify that the issuing of this development consent does not certify that the establishment or operation of the development satisfies all requirements of the Disability Discrimination Act.

 

(3)       USE Condition – Hours of Operation.

The development shall only be conducted between the hours of:-

Monday to Saturday from 8.00am to 6.00pm

Sundays and public holidays from 9.00am to 12pm

 

Reason: So that the development does not reduce the amenity of the area.

 

(4)       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.

 

(5)       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.

 

(6)       USE Condition – Non Habitable Use.

The Building is not to be used for residential occupation without prior consent of Council.

 

Reason: Health and safety prohibition.

 

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Doug Phillips

Cr Charlie Sheahan

Nil

ABSENT

DECLARED INTEREST

Nil

Nil

 

Carried

 

8.4.4      Development Applications September 2021

Resolution  315/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

The information on Development Applications approved in September 2021 be received and noted

Carried

 

8.5         Regulatory Services

8.5.1      Regulatory Report September 2021

Resolution  316/2021  

Moved:       Cr David Graham

Seconded:   Cr Leigh Bowden

The Regulatory Report for September, 2021 be received and noted.

Carried

 

8.6         Assets

8.6.1      Integrated Water Cycle Management and Best Practice Guidelines

Note: it was brought to the attention of the General Manager that on page 322 of the agenda the amount of $42,000 in the table was referred to as the Water fund twice when one $42,000 amount should have been referred to the Sewer Fund.

Resolution  317/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Doug Phillips

1.       Public Works Advisory be engaged to prepare the Integrated Water Cycle Management Strategy Development.

2.       $42,000 from the Water fund and $42,000 from Sewer fund be allocated to engage Public Work Advisory to proceed with the development of the Integrated Water Cycle Management Strategy.

Carried

 

8.6.2      Business Case for Stockinbingal Sewerage Project

Resolution  318/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

The report on the Business case for the Stockinbingal Sewerage Scheme, attached under separate cover, be received and noted.

Carried

 

8.7         Civil Works

8.7.1      Civil Works and Technical Services Report - October 2021

Resolution  319/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

The Civil Works and Technical Services Report for the month of October, 2021 be received and noted.

Carried

 

8.8         Technical Services

Nil

8.9         Facilities

Nil

8.10       Waste, Parks and Recreation

8.10.1    MacKay Park Rest Area Wallendbeen Landscape Master Plan

Resolution  320/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

1    The Report on the Mackay Park Rest Area Wallendbeen Landscape Master Plan be received and noted.

2    Council consider the development of a Landscape Master Plan for the Mackay Park Rest Area as part of the 2022/2023 budget.

3    Council consider the allocation of $55,000 for the preparation of the Landscape Master Plan for the Mackay Park Rest Area Wallendbeen as part of the 2022/2023 budget preparation.

Carried

 

9            Motion of which Notice has been Given

Nil

10          Questions with Notice

10.1       Questions With Notice - October, 2021

Resolution  321/2021  

Moved:       Cr David Graham

Seconded:   Cr Gil Kelly

The Questions with Notice from Councillors and related responses from Council officers be noted.

Carried

 

11          Confidential Items  

11.1       Close Council Report

Resolution  322/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

1.       Items 11.2, 11.3, 11.4 and 11.5 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 and 11.5 be withheld from the press and public.

11.2       Tender - Gundagai Preschool and Kindergarten Construction - RFT2021/27

Provisions for Confidentiality

Section 10A (2) (d(i))  – The Confidential Report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Public Interest

It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community..

11.3       Tender - CGRC with Yass Valley Council - Replacement of Timber Road Bridges - Design and Construction of Six (6) Concrete Bridges - RFT2021/31

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 - Replacement of Timber Road Bridges - Design and Construction of Five (5) Concrete Bridges - RFT2021/31

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       South West Fuels Electricity Provision Financial Considerations

Provisions for Confidentiality

Section 10A (2) (g)  – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Public Interest

It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community..

 

Carried

 


 

 

11.2       Tender - Gundagai Preschool and Kindergarten Construction - RFT2021/27

Resolution  323/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Doug Phillips

1.       Council note that eight (8) conforming tenders were received for the Gundagai Preschool Kindergarten Construction.

2.       In accordance with Clause 178(1)(b) of the Local Government (General) Regulation, 2021 Council decline to accept any of the tenders for the Gundagai Preschool Kindergarten Construction (RFT2021/27).

3.       In accordance with Clause 178(3)(e) of the Local Government (General) Regulation, 2021 Council resolve to enter into negotiations with the three (3) highest scoring tenderers with a view to entering into a contract in relation to the subject matter of the tender.

4.       In accordance with Clause 178(4)(a) of the Local Government (General) Regulation, 2021 Council has declined to invite fresh tenders or applications as referred to in subsection (3)(b)-(d) for the following reason:

·    All submitted tenders exceeded the budget allocated.  Further, a competitive outcome is required to satisfy constraints relating to the upcoming caretaker period. 

5.       In accordance with Clause 178(4)(b) of the Local Government (General) Regulation, 2021 Council consider the reasons for determining to enter into negotiations with the person or persons referred to in subsection (3)(e).

·    An appropriate outcome for the benefit of the community would be reached by negotiating with the three (3) highest scoring tenderers.

6.       The Tender Assessment Panel be authorised to negotiate with the three (3) highest scoring tenderers named in the body of the report. 

7.       Following the negotiation process, and the submission of recommendations from the Assessment Panel, the General Manager be authorised to execute contracts for the Gundagai Preschool Kindergarten Construction (RFT2021/27). 

8.       That all tenderers be advised of the decision of Council.

Carried

 


 

 

11.3       Tender - CGRC with Yass Valley Council - Replacement of Timber Road Bridges - Design and Construction of Six (6) Concrete Bridges - RFT2021/31

Resolution  324/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Penny Nicholson

1.       Council note that six (6) tenders for the Replacement of Timber Road Bridges – Design and Construction of six (6) Concrete Bridges were received, of which five (5) were conforming.

2.       In accordance with Clause 178(1)(b) of the Local Government (General) Regulation, 2021 Council decline to accept any of the tenders for the Replacement of Timber Road Bridges – Design and Construction of six (6) Concrete Bridges (RFT2021/31).

3.       In accordance with Clause 178(3)(e) of the Local Government (General) Regulation, 2021 Council resolve to enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

4.       In accordance with Clause 178(4)(a) of the Local Government (General) Regulation, 2021 Council has declined to invite fresh tenders or applications as referred to in subsection (3)(b)-(d) for the following reason:

·    All submitted tenders exceeded the budgets allocated.  Further, a competitive outcome is required to satisfy constraints relating to the upcoming caretaker period. 

5.       In accordance with Clause 178(4)(b) of the Local Government (General) Regulation, 2021 Council has considered the reasons for determining to enter into negotiations with the person or persons referred to in subsection (3)(e).

·    In order to achieve an appropriate outcome prior to the Local Government Election Caretaker Period commencing and to deliver the best value outcome for both Councils, a negotiation with all tenderers and additional persons named in the body of the report is the most appropriate course of action. 

6.       The Tender Assessment Panel be authorised to negotiate with all tenderers and additional persons named in the body of the report. 

7.       Following the negotiation process, and the submission of recommendations from the Assessment Panel, the General Manager of Cootamundra-Gundagai Regional Council be authorised to execute contracts for the Replacement of Timber Road Bridges – Design and Construction of five (5) Concrete Bridges and the General Manager of Yass Valley be authorised to execute a contract for the Replacement of Timber Road Bridge – Design and Construction of one (1) Concrete Bridge (RFT2021/31). 

8.       That all tenderers be advised of the decision of Council.

Carried

 

11.4       Tender - Replacement of Timber Road Bridges - Design and Construction of Five (5) Concrete Bridges - RFT2021/31

Resolution  325/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Gil Kelly

1.       Council note that six (6) tenders for the Replacement of Timber Road Bridges – Design and Construction of six (6) Concrete Bridges were received, of which five (5) were conforming.

2.       In accordance with Clause 178(1)(b) of the Local Government (General) Regulation, 2021 Council decline to accept any of the tenders for the Replacement of Timber Road Bridges – Design and Construction of six (6) Concrete Bridges (RFT2021/31).

3.       In accordance with Clause 178(3)(e) of the Local Government (General) Regulation, 2021 Council resolve to enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

4.       In accordance with Clause 178(4)(a) of the Local Government (General) Regulation, 2021 Council has declined to invite fresh tenders or applications as referred to in subsection (3)(b)-(d) for the following reason:

·    All submitted tenders exceeded the budgets allocated.  Further, a competitive outcome is required to satisfy constraints relating to the upcoming caretaker period. 

5.       In accordance with Clause 178(4)(b) of the Local Government (General) Regulation, 2021 Council consider the reasons for determining to enter into negotiations with the person or persons referred to in subsection (3)(e).

·    In order to achieve an appropriate outcome prior to the Local Government Election Caretaker period and to deliver the best value outcome for both Councils, a negotiation with all tenderers and additional persons named in the body of the report is the most appropriate course of action.

6.       The Tender Assessment Panel be authorised to negotiate with the conforming tenderers and additional persons named in the body of the report. 

7.       Following the negotiation process, and the submission of recommendations from the Assessment Panel, the General Manager of Cootamundra-Gundagai Regional Council be authorised to execute contracts for the Replacement of Timber Road Bridges – Design and Construction as detailed in the report (RFT2021/31). 

8.       That all tenderers be advised of the decision of Council.

Carried

 


 

 

11.5       South West Fuels Electricity Provision Financial Considerations

Resolution  326/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr David Graham

1.            The applicant be advised that the Section 94 Contribution fee of $44,000 as part of the development must paid in full.

2.            The General Manager be authorised to extend a without prejudice offer of $17,000 to the applicant to settle the civil dispute.

 

 

11.6       Resumption of Open Council Meeting

Resolution  327/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Leigh Bowden

The Open Council meeting resume.

Carried

 

11.7       Announcement of Closed Council Resolutions

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

 

The Meeting closed at 8:08pm.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 30th  November, 2021.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

30 November 2021

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement November, 2021

DOCUMENT NUMBER

361610

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

1.       Country Mayor's Association  Annual General Meeting- 5 November 2021-Minutes

2.       Country Mayor's Association-5 November 2021-Minutes    

 

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.

 

Recommendation

The information in the Mayoral Minute be received and noted.

 

25th September, 2021

Cr Nicholson and I met with potential Council candidates.

Cr Nicholson attended a Mental Health Forum hosted by Member for Cootamundra, Ms. Steph Cooke, MP.

18th October, 2021

I attended a Prince Alfred Bridge Viaduct meeting in Gundagai.

19th October, 2021

Cr Sheahan attended a Strategic Planning for Residential and Industrial land development /acquisition in Cootamundra and Gundagai Working Party.

20th October, 2021

Cr Sheahan and I attended a Muttama Hall ss355 Committee meeting.

21st October, 2021

Cr Bowden attended the Arts Centre Cootamundra s355 Committee meeting.

25th October, 2021

I attended a meeting with Member for Cootamundra, Steph Cooke, MP.

I attended a Mental Health Forum hosted by Member for Cootamundra, Steph Cooke, MP.

Cr Sheahan attended an AdinaCare Board Meeting.

26th October, 2021

Cr Palmer (Deputy Mayor), Crs Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and I attended a pre Council Meeting Workshop.

Cr Bowden and I attended the online Volunteer of the Year Award Riverina Ceremony via Zoom.

27th October, 2021

Cr’s Bowden and Sheahan attended a Jubilee Park Project Focus Group meeting.

28th October

Cr Sheahan attended a Cootamundra-Gundagai Regional Council Access and Inclusion Committee meeting.

Cr Bowden attended an Elwood’s Hall s355 Committee meeting.

30th October, 2021

Cr’s Bowden, Nicholson and Sheahan attended Walking on Country – Cultural Awareness Training hosted by the Cootamundra Aboriginal Working Party.

31st October, 2021

Cr Bowden attended a National Aborigines and Islanders Day Of Celebration Commemoration in Gundagai.

1st November, 2021

I attended a Prince Alfred Bridge Viaduct meeting in Gundagai.

Cr Bowden attended a Cootamundra Youth Council Meeting.

3rd November, 2021

Cr Sheahan attended a Cootamundra Floodplain Management Committee meeting.

4th November, 2021

Cr Bowden attended an online Riverina Regional Library Advisory Committee meeting via Zoom.

Cr Bowden attended an online Local Government Week Awards Ceremony via Zoom.

5th November,2021

I attended the Country Mayors Association meeting online. The Minutes of the Meetings are attached to this report.

I attended a meeting regarding Reno Road, Gundagai.

 8th November, 2021

I attended a Meet the Candidates session, for the upcoming Local Government Election to be held 4th December, 2021, in Cootamundra hosted by the Cootamundra Development Corporation.

9th November, 2021

Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Sheahan and I attended a Councillor Workshop.

10th November, 2021

Cr Sheahan attended a Cootamundra Aerodrome Users Group meeting.

11th November, 2021

I attended the Remembrance Day Service in Gundagai.

Cr’s Bowden, Nicholson and I attended the Dedication of Honour Board opening at the Muttama Hall in attendance with Member for Riverina, the Hon. Michael McCormack.

Cr Sheahan attended a Cootamundra-Gundagai Local Area Traffic Committee meeting.

Cr Bowden attended a Coota Beach Volleyball planning meeting.

Cr Bowden attended a Cootamundra Development Corporation meeting.

15th November, 2021

Cr Palmer (Deputy Mayor), Cr’s Bowden Graham and I attended a Structure and Cultural Review.

18th November,2021

I attended a Dog on the Tucker Box Working Group meeting.

Cr Bowden attend the Arts Centre Cootamundra s355 Committee meeting.

20th November, 2021

Cr Bowden attended Ellwood’s Hall Twilight Markets.

22nd November, 2021

Cr Sheahan attend the AdinaCare Annual General Meeting.

23rd November, 2021

Cr’s Bowden and Sheahan attended a Cycle Tourism Forum.

24th November, 2021

Cr Sheahan attended the Muttama Hall s355 Committee’s Annual General Meeting.

 

 

 

 

 

 

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

6.2         Mayoral Minute - Farewell to Cr Dennis Palmer - Deputy Mayor

DOCUMENT NUMBER

361715

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

 

 

Recommendation

Council congratulate and thank Cr Dennis Palmer, Deputy Mayor, for his lengthy service and contribution as councillor to the former Cootamundra Shire Council and deputy mayor of the Cootamundra-Gundagai Regional Council. 

 

Dennis Palmer was elected as a Councillor to the former Cootamundra Shire Council in 1999. He has continued to serve as a councillor until September, 2013 when he was elected as Deputy Mayor.

Cr Palmer has continued to serve the Cootamundra communities as Deputy Mayor up to 12th May, 2016 when the New South Wales (NSW) Government merged the former Cootamundra and Gundagai Shire Councils and formed the current Cootamundra-Gundagai Regional Council.

In September, 2017 Cr Palmer was elected to the inaugural Council of Cootamundra-Gundagai Regional Council. At its first meeting to swear in the newly elected council, Cr Palmer was elected as deputy mayor and has remained as the deputy mayor.

Cr Palmer  was appointed to the Board of Goldenfields Water County in 2004 as delegate for the former Cootamundra Shire Council and this continued with Cootamundra-Gundagai Regional Council to date. He has served as Deputy Chair and as its Chair for two, two year terms. Also retiring  from the position on the Board after 17 years Cr Palmer see out his term on the Board as its Chairperson.

Cr Palmer was on the Engineering Committee of the former Cootamundra Shire Council and participated in the effluent reuse development and had the foresight to ensure land was retained for its future expansion. In 2015 he raised the issue regarding the difficulty of access to the Cootamundra cemetery with no pedestrian access available.

Cr Palmer is a member of the Strategic Planning for Residential and Industrial land development and, or acquisition in Cootamundra and Gundagai Working Party.

Cr Palmer has always availed himself to community members of the local government area to discuss local issues and concerns. He has represented his community at many levels by attending the annual NSW Local Government Conference, meeting with local state and federal members of parliament to discuss local issues and community concerns.

In addition to being a councillor, Cr Palmer has served his community as a businessman with his wife, Frances, servicing cars for around 40 years, and selling cars through the Palmer Ford dealership since 2006. And was involved in the Cootamundra Lion’s Club for many years.


 

Having served his community in excess of 20 years Cr Palmer decided not to nominate to stand at the local government election being held on 4th December, 2021 for another term. It has been an honour to work with Cr Palmer on the Cootamundra-Gundagai Regional Council. There have been many achievements made by current Council and it has been an honour to work along side Cr Palmer during this term of office and work together in the very challenging environment of a newly merged Council. And many challenges there have been.

 

On behalf of Council, the General Manager, Council staff and the Cootamundra-Gundagai communities I want to thank and congratulate Cr Palmer for the dedication and hard work he committed to serving the former Cootamundra Shire Council and the Cootamundra-Gundagai Regional Council. Furthermore, I wish Cr Palmer and his family all every success for all future endeavours they undertake together, whatever they may be.

 


Ordinary Council Meeting Agenda

30 November 2021

 

6.3         Mayoral Minute - Farewell and Thank You to Cr Doug Phillips.

DOCUMENT NUMBER

361716

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

 

 

Recommendation

Council congratulate and thank Cr Doug Phillips for his lengthy service and contribution as councillor and mayor of the former Cootamundra Shire Council and as councillor in the inaugural term of office on Cootamundra-Gundagai Regional Council. 

 

Cr Phillips and his wife Julie-Anne grew up in Cootamundra and after spending some time living away, moved back to Cootamundra in 1994 with their 3 children. He his wife are both partners with members of their family in a local joinery operating for almost twenty years and a local boutique hotel for the past 7 or so years. Along with other commitments Cr Phillips has been teaching full time at the local high school in Cootamundra.

Cr Phillips held the position of councillor with the former Cootamundra Shire Council since 2004. During that time Cr Phillips held the position of Mayor for the 2011 to 2013 term and Deputy Mayor in 2010.

Cr Phillips has served on various Council committees including the Finance Committee and the Audit Risk and Improvement Committee and was appointed as Council’s representative to the Cootamundra Nursing Home board.

Cr Phillips has dedicated himself to community groups being a valued member of Cootamundra Apex for many years, involved in both the Cootamundra Strikers Soccer Club and Cootamundra Junior Soccer Club for many years and also served on the Coota Beach Volley Ball Committee.

After being a representative of Council for 17 years, the Cootamundra community for over 17 years and the Cootamundra-Gundagai communities for the last 4 years Cr Phillips declared that he would not be standing to represent Council again. No doubt his investment and involvement in the Cootamundra community will continue for  some time to come.

On behalf of Council, the General Manager, Council staff and Cootamundra-Gundagai local government area I thank Cr Phillips for his longstanding contribution and wish him, and his family, all the best for future endeavours.


Ordinary Council Meeting Agenda

30 November 2021

 

7            Reports from Committees

7.1         Minutes of the Internal Audit Committee Meeting held on Thursday 4 November 2021

REPORTING OFFICER

Teresa Breslin, Governance 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.

ATTACHMENTS

1.       Minutes of the Internal Audit Committee Meeting held on Thursday 4 November 2021 

    

 

Recommendation

1.   The Minutes of the Internal Audit Committee Meeting held on Thursday 4 November 2021 (attached) be adoped.

2.   The name of the Internal Audit Committee be amended to the Audit, Risk and Improvement Committee (ARIC), for the reasons detailed in the report.

 

Introduction

The new provisions of the Local Government Act have now commenced. Under section 428A of the Local Government Act, 1993 (the Act), all councils are required to have an audit risk and improvement committee (ARIC). Councils are permitted under section 428B to enter into arrangements with other councils or to share ARICs. All councils must have either appointed an ARIC or entered into an arrangement with another council to share an ARIC before 4th June, 2022.

Discussion

Cootamundra-Gundagai Regional Council is currently a member of the Internal Audit Alliance which shares resources to facilitate an Internal Audit function for member councils. The alliance members include Coolamon, Junee, Lockhart, Temora and Cootamundra-Gundagai Regional Councils.

Cootamundra-Gundagai Regional Councils Internal Audit committee is currently named the Internal Audit Committee. As well as an internal audit function, the committee has been dealing with, and noting, issues relating to external audits, governance and risk management.

At its meeting held on the 4th November, 2021 the Internal Audit Committee recommended that the Internal Audit Committee change its name to properly reflect the expanded functions it is performing. The committee requests that the name be formally changed to the Audit, Risk and Improvement Committee (ARIC), for the above-mentioned reasons and to comply with the new provisions of the Act.

The objective of the Audit, Risk and Improvement Committee is to provide independent assurance and assistance to the Cootamundra-Gundagai Regional Council on corporate risk management, control, governance and external accountability responsibilities.


 

../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

 

 

 

 

 

Minutes

Internal Audit Committee Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

2:00PM, Thursday 4th November, 2021

 

Administration Centres:  1300 459 689

 

 


Internal Audit Committee Meeting Minutes

4 November 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Internal Audit Committee Meeting
HELD AT THE
Alby Schultz Meeting Centre, Cootamundra
ON
Thursday, 4 November 2021 AT 2:00PM

 

PRESENT:                 Tony Donoghue (Chairperson), Courtney Armstrong and Cr David Graham

IN ATTENDANCE:     Phil McMurray (General Manager), Linda Wiles (Coordinator Business),
Teresa Breslin (Governance Officer), and Glen McAtear (Manager Regulatory Services) to give verbal update only.

1            Apologies

Cr Doug Phillips

2            Confirmation of Minutes

2.1         Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021

Committee Resolution  

Moved:       Cr David Graham

Seconded:   Courtney Armstrong

The Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021 were confirmed as a true and correct record of the meeting.

Carried

 

Manager Regulatory Services, Glen McAtear, gave a verbal update on the processes taken to action the recommendations of the Depot Inventory Management audit. Specifically in relation to the Chemical purchasing, and distribution to relevant staff. The update provided has been reflected on the Internal Audit Recommendations Register.

3            Reports

3.1         I.T Audit

Committee Resolution  

Moved:       Courtney Armstrong

Seconded:   Cr David Graham

The information provided in the I.T Audit Report was noted.

Carried

 

3.2         Financial Statements

Committee Resolution  

Moved:       Cr David Graham

Seconded:   Courtney Armstrong

The information provided in the Financial Statements report was noted.

Carried

 

3.3         Internal Audit Recommendations Register

Committee Resolution  

Moved:       Courtney Armstrong

Seconded:   Cr David Graham

The updated Internal Audit Recommendations Register, attached to this report, was received and noted.

Carried

 

3.4         External Audit Recommendations Register (Audit Office)

Committee Resolution  

Moved:       Cr David Graham

Seconded:   Courtney Armstrong

The updated External Audit Recommendations Register, attached to the report, was received and noted.

Carried

 

3.5         Notification of Incidents (ICAC, Ombudsman, Code of Conduct)

A verbal report was given about the acceptance of leachate at the Cootamundra Sewerage Treatment Plant.

Committee Resolution  

Moved:       Courtney Armstrong

Seconded:   Cr David Graham

The report on notification of incidents, was received and noted.

Carried

 

3.6         Other Business

It was noted that the Internal Audit Committee was dealing with, and noting, issues relating to external audits and risk management. For this reason it was recommended that the internal audit committee change its name to more properly reflect the expanded functions it was carrying out.

Further it was also noted in the minutes above that several matters would need to be referred to the next committee meeting. These matters are detailed and reflected in the resolution below.

Committee Resolution  

Moved:       Cr David Graham

Seconded:   Courtney Armstrong

1.      The Internal Audit Committee be renamed to Audit Risk and Improvement Committee (ARIC), via a resolution of council.

2.      The I.T Audit report, and the Financial Statements be provided to the next ARIC meeting.

3.      Council to provide the ARIC committee with a copy of the following:

·         Local Roads Community Infrastructure Program

·         Roads to Recovery Audit

Carried

 

 

The Meeting closed at 2:54pm.

 

The minutes of this meeting were confirmed at the Audit Risk and Improvement Committee Meeting held on 3 March 2022.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

30 November 2021

 

7.2         Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 November 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.

ATTACHMENTS

1.       Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 November 2021 

    

 

Recommendation

1.     The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 10 November 2021, attached to the report, be received and noted.

2.       Recommendations in the Minutes, as detailed in the report be considered by Council.

 

 

The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on 10th November, 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 held 10th November, 2021.

 

2.1     Cootamundra Aerodrome Development

 

          1.       It be noted that a Consultant has been appointed to undertake the investigation into potential development at the Cootamundra Aerodrome.

2.        Consideration to subdivide three possible blocks of land off the south western end of Quinlan Drive be undertaken as soon as possible and be presented to the next Aerodrome Users Advisory Group Meeting.

 

2.3      Aerodrome Expenses

 

           It be noted that as part of accounting practices and Local Government procedures that the expenses and income are reported in the correct manner.

 

2.4      Cootamundra Aerodrome Fees and Charges

 

           That the Committee consider ongoing fees and charges options at the next Aerodrome Advisory Group Meeting.


 

../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

 

 

 

 

 

Minutes

Aerodrome Advisory Committee Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

9:30am, Wednesday 10th November, 2021

 

Administration Centres:  1300 459 689

 

 


Aerodrome Advisory Committee Meeting Minutes

10 November 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Aerodrome Advisory Committee Meeting
HELD AT THE
Alby Schultz Meeting Centre, Cootamundra
ON
Wednesday, 10 November 2021 AT 9:30am

 

PRESENT:                 Cr Charlie Sheahan, Clinton McKenzie, John Fleming, Paul Roberts, Col Adams, Scott Adams, Mark Ellis, Madlin Snell and Darren Thompson

IN ATTENDANCE:    

 

1            Apologies

Andrew Brock

2            Reports

2.1         Cootamundra Aerodrome Development

Recommendation

That:

1.       It be noted that a Consultant has been appointed to undertake the investigation into potential development at the Cootamundra Aerodrome.

2.       Consideration to subdivide three possible blocks of land off the south/western end of Quinlan Drive be undertaken as soon as possible and be presented to the next Aerodrome Users Advisory Group Meeting.

 

2.2         Cootamundra Aerodrome Land Zoning

Recommendation

That the report be noted.

Discussion:

The Committee members asked questions about the original handing over of the Aerodrome to Council and any financial assistance given.  Also, the current land zoning and was that as per the original handover.

In reply to this, it was advised that the Aerodrome is zoned according to past Cootamundra zoning decisions which best serve the land purpose.

No information could be provided into financial assistance but it is assumed this would have been taken up at the time and used accordingly.

 

2.3         Aerodrome Expenses

Recommendation

That it be noted that as part of accounting practices and Local Government procedures that the expenses and income are reported in the correct manner.

Discussion:

Council has to charge rates for all properties and that income goes into Council’s general fund.

 

2.4         Cootamundra Aerodrome Fees and Charges

Recommendation

That the Committee consider ongoing fees and charges options at the next Aerodrome Advisory Group Meeting.

Discussion:

Why are we charging the Gliding Club a new fee, this is not promoting the township and discourages people from flying in.

Other potential income could be from taking back the leased agricultural and Council ‘share farming’ it for an annual return.

Can the lease payments be included as Aerodrome income – No.

The Aerodrome is for that purpose and not a ‘drag strip’.  This is detrimental to the strip.

 

2.5         Dates for Future Aerodrome Users Advisory Group Meetings

Recommendation

That the dates for the 2022 Cootamundra Aerodrome Users Advisory Committee Meetings be scheduled as below:

9 March 2022

8 June 2022

14 September 2022

7 December 2022

 

2.6         General Business

Recommendation

For the Committee’s information.

Drainage issues around hangar and aprons – the current Survey will identify issues and allow solutions to be determined.

Seal lifting and potential damage to propellors – suggested concrete apron in front of hangar.

Large pothole in front of Bowser – pothole has now been filled and repaired.

Contact between planes and maintenance – seems to be a lack of communication. 

This matter will be taken on board and discussed with Council staff.

 

 

The Meeting closed at 10:50am.

 

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Regional Council Meeting held on  30 November 2021.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

30 November 2021

 

7.3         Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 November 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.

ATTACHMENTS

1.       Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 November 2021 

    

 

Recommendation

1.      The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 November 2021, attached to the report be received and noted.

2.       Council consider the recommendations contained in the Minutes as detailed in the report.

 

 

 

The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on 11 November, 2021 are submitted for the information of Council and the community.

 

Recommendations for consideration within the Minutes:

 

2.3     Toy Run

1.         The Cootamundra Antique Car Club Toy Run Event in Cootamundra on Saturday the 11th December, 2021 be approved.

2.         An updated Certificate of Currency be supplied for the Cootamundra Antique Car Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

 

2.4       Snowy Valleys Cycle Challenge

Approval be given for the Tumut Rotary Club to hold the Snowys Cycle Challenge on Sunday, 6 March 2022, subject to the following conditions:

(a)     The event organiser complies with any conditions set by Council and the NSW Police.

(b)     All Traffic Control Plans for the Snowys Cycle Challenge are applied in accordance with the ‘Traffic Control at Worksites Manual’.

(c)     All traffic controllers must have appropriate traffic control tickets.

(d)     All riders must comply with the Road Licence requirements.

(e)     All riders be in single file and adhere to the road rules.

(f)     Consent be received from Snowy Valley Council for the event to be held in their area.

(g)     An updated Certificate of Currency be supplied for the Tumut Rotary Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

(h)     The event organiser has a COVID Safe Plan prepared for the event.

(i)      Cootamundra-Gundagai Regional Council issue a Road Occupancy Licence.

 

2.5     Update to ’99 Not Out’ Event

That the information be noted and an updated Certificate of Currency be supplied for the Cootamundra Antique Motor Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

 

 


 

../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

 

 

 

 

 

Minutes

Cootamundra-Gundagai Local Traffic Committee Meeting

 

Cootamundra ADMINISTRATION CENTRE

 

10am, Thursday 11th November, 2021

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Cootamundra-Gundagai Local Traffic Committee Meeting
HELD AT THE
Cootamundra ADMINISTRATION CENTRE
ON
Thursday, 11 November 2021 AT 10am

 

PRESENT:                 Cr Charlie Sheahan, NSW Police Leading Senior Constable – Paul Kemp, Local Electorate Representative - Gwen Norman, General Manager Phillip McMurray and Greg Minehan (Manager Network & Safety Services Transport for NSW)

IN ATTENDANCE:     Mark Ellis (Manager Civil Works) and 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.

2            Apologies

Nil

3            Disclosures of Interest

Nil

4            Reports

2.1         Review of Speed Limits

Recommendation

For the Committee’s information.

Discussion:

The review of the speed limits along Boundary Road and Temora Street, Cootamundra have now been completed.

The outcome of the review will see the Temora Street 50kph moved approximately 250metres west towards Muttama Creek. From there out to Boundary Road it will be 80kph.

Along Boundary Road, the 50kph sign will move to the north of the new subdivision and then a 80kph zone will apply to Temora Road.

The Parker Street Cootamundra CBD 40kph speed review is on hold pending new speed zone directions to be advised in 2022.

The review of the Tumblong Tavern area recommends no changes.

Wallendbeen area - preliminary assessment is that 50kph can be considered for the Olympic Highway and Burley Griffin Way through Wallendbeen.  This would however mean the extension of the 50kph area would be to the top of the hill on the Harden side. At the moment the Wallendbeen area will be monitored before any final decision is made.  This will potentially take into account the new Service Centre proposed for Wallendbeen.

 

2.2         Pedestrian Crossing Warrants

Recommendation

For the Committee’s information.

Discussion:

The Committee considered the advice from The Hon Paul Toole MP, Minister For Regional Transport regarding warrants for pedestrian crossings.

For Local road and streets, a suitable crossing can be designed subject to current standards. This would have to be approved by the Local Area Traffic Committee before implementation. Any such crossing would need to be at Council’s cost.

For State Highways, all crossings have to be subject to the appropriate design standards and warrants. These maybe considered for funding from Transport for NSW.

 

2.3         Toy Run

Recommendation

That:

1.                  The Cootamundra Antique Car Club Toy Run Event in Cootamundra on Saturday the 11th December, 2021 be approved.

2.         An updated Certificate of Currency be supplied for the Cootamundra Antique Car Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

 

2.4         Snowy Valleys Cycle Challenge

Recommendation

That approval be given for the Tumut Rotary Club to hold the Snowys Cycle Challenge on Sunday, 6 March 2022, subject to the following conditions:

(a)        The event organiser complies with any conditions set by Council and the NSW Police

(b)        All Traffic Control Plans for the Snowys Cycle Challenge are applied in accordance with the ‘Traffic Control at Worksites Manual’

(c)        All traffic controllers must have appropriate traffic control tickets

(d)        All riders must comply with the Road Licence requirements

(e)        All riders be in single file and adhere to the road rules

(f)        Consent be received from Snowy Valley Council for the event to be held in their area

(g)        An updated Certificate of Currency be supplied for the Tumut Rotary Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

(h)        The event organiser has a COVID Safe Plan prepared for the event.

(i)         Cootamundra-Gundagai Regional Council issue a Road Occupancy Licence.

 

2.5         Update to '99 Not Out' Event

Recommendation

That the information be noted and an updated Certificate of Currency be supplied for the Cootamundra Antique Motor Club, with Cootamundra-Gundagai Regional Council, NSW Police and Transport for NSW being noted as interested parties.

 

2.6         General Business

Recommendation

New Guard Rail locations along State Roads

Greg Minehan from Transport for NSW advised that concerns that have been raised about the location of new guard rails along the State roads have been taken on board.

Cooper Street – Angle Parking

Cr Charlie Sheahan asked if the Local Area Traffic Committee could consider angle parking along the northern end of Cooper Street.

Review of Laneway – Vehicle/Pedestrian Safety

Gwen Norman asked about the vehicles coming in and out of the Laneway next to the Cootamundra Newsagency, with Cr Charlie Sheahan suggesting that road marking be undertaken as a short term solution at the Cooper Lane/Wallendoon Street, Cootamundra intersection whilst planning for safer and more efficient traffic movements are addressed in the Council’s overall Laneway Plan.

 

2.7         2021 - 2022 Upcoming Events

Recommendation

For the Committee’s information.

 

2.8         Dates for future Local Area Traffic Committee Meetings

Recommendation

That the dates for the 2022 Local Area Traffic Committee Meetings be scheduled.

 

 

The Meeting closed at 11:25am.

 

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Regional Council Meeting held on 30 November 2021.

 

...................................................                                                     …………………………………………………

CHAIRPERSON                                                                                                      GENERAL MANAGER

 

8            General Manager’s Report


Ordinary Council Meeting Agenda

30 November 2021

 

8.1        Business

8.1.1      Delivery Program and Operational Plan Quarterly Progress Report

DOCUMENT NUMBER

351652

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

In accordance with section 406 of the Local Government Act, 1993 & Section 196A of the Local Government (General) Regulations 2021.

POLICY IMPLICATIONS

In accordance with the Office of Local Government Integrated Planning and Reporting Guidelines and Handbook.

ATTACHMENTS

1.       Q1 21/22 Quarterly Progress Report    

 

Recommendation

The Delivery Program incorporating the Operational Plan 2021/22, quarterly progress report, (Q1 1st July – 30th September, 2021) be received and noted.

 

Background

Section 196A of the Local Government (General) Regulations 2021 requires that: “A council must comply with the integrated planning and reporting guidelines”.

The Integrated Planning and Reporting Guidelines require that “The general manager must ensure that progress reports are provided to the council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months”

The purpose of the report is to enable councillors to understand how council is tracking in the context of the commitment it has made to the community through the Delivery Program. This is identified via reporting on the progress of implementing the actions outlined in the Operational Plan.

Accordingly, attached to this report is the Quarterly Progress Report. This report illustrates progress during the first quarter of the reporting year, that is between 1st July and 30th September, 2021.

The next progress report will be presented to Council at the February 2022 Council Meeting and will consist of status updates for actions within the 21/22 Operational Plan (Q2 reporting period October-December 2021). 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.2      Annual Report inclusive of End of Term report

DOCUMENT NUMBER

356221

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To comply with Section 428 of the Local Government Act 1993 (the Act), and the Local Government (General) Regulation 2021.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Draft Annual Report 20/21 'no electoral matter'

2.       End of Term Report 2021    

 

Recommendation

1.       The draft Annual Report for the year ended 30th June, 2021 be reviewed by Councillor’s with any feedback provided to staff.

2.       The draft Annual Report for the year ended 30th June,  2021, including any amendments resulting from 1. above, be endorsed, prior to publication on Council’s website and submission to the Office of Local Government.

3.       That the audited Financial Statements are not available at this time and are to be submitted to Council for endorsement when the audit is complete be noted.

4.       The End of Term report, attached to the report, be received and noted.

5.       The State of the Environment report, attached to the report, be received and noted.

 

 

Introduction

Under Section 428 of the Local Government Act, 1993 (the Act), councils must prepare an annual report within five months after the end of the financial year. The annual report in the year in which an ordinary election was held must also contain a report as to the council’s achievements in implementing the community strategic plan over the previous 4 years. Council must upload a copy of the annual report (including financial statements) to its website and provide a copy to the Minister for Local Government (the Minister) and such other persons and bodies as regulations apply.

The Annual Report is the key reporting document for Council to keep the community informed as to what was achieved in the financial year, in addition to reporting against a number of statutory reporting requirements.

The Financial Statements, which show key income and expenditure areas for the past financial year, have been referred to audit and are awaiting finalisation. An extension to the statutory deadline of 30th October , 2021 to 17th December, 2021 was granted to Council by the Minister for Local Government, the Hon. Shelley Hancock, MP.

Discussion

The submission of the Annual Report meets Council’s legislative requirements under the Local Government Act (1993) and Local Government (General) Regulation (2021).

The Annual Report includes information that is prescribed by the Regulation. These requirements have been included in the Regulation because the Government believes that it is important for community members to know about it; to help their understanding of how their council has been performing both as a service provider and a community leader.

 

Council Publication during the Election “regulated period”

The Local Government Elections were postponed to 4th December, 2021. The consequence of this means that this year’s Annual Report is presented to the community before the ordinary election has been held. Therefore, Council needs to be aware of the requirements prescribed under 356A of the Local Government (General) Regulations 2021. These requirements are surrounding the publication of materials that could be seen as “electoral material” as prescribed in the regulations.

“Electoral material” is defined very broadly under the regulations. “Electoral matter” is in turn defined to include: 

·    any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or

·    the name of a candidate at any election, the name of the party of any such candidate, the name or address of the committee rooms of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.

 

Council needs to be aware that its publications may contain “electoral matter”; and may therefore be inadvertently captured withing the definition of “electoral material”.

Subsequently, this year’s Annual Report is presented to Council and the community in plain text and does not include content that may be defined as “electoral material”. Council will publish a full version of the report after the elections have been conducted.

 

End Of Term Report

As mentioned in the introduction, the annual report in the year in which an ordinary election is held, must also contain a report as to the council’s achievements in implementing the community strategic plan.

The report provides information about how effective the Community Strategic Plan has been in delivering the desired outcomes. The End of Term Report is the outgoing council’s report to its community. It is also one of three components informing the incoming council’s review of the Community Strategic Plan.

There is no specific requirement for the format or content of the report. However, Essential Element 1.11 of the integrated Planning and Reporting manual recommends the report should outline how the Council is progressing towards achieving the social, environmental, economic and civic leadership objectives of the Community Strategic Plan.

The report aims to answers the following questions:

·    Did Council do what it stated it would do towards achieving the objectives of the plan?

·    Did other partners in the process do what they stated they would do towards achieving the objectives of the plan?

·    Were these actions effective – did anything change or start to improve?

Statement of the Environment report

The Statement of Environment report reports on environmental issues relevant to the objectives for the environment established by the Community Strategic Plan. The report must be prepared in accordance with the Office of Local Government (OLG) 2013 Guidelines.

The Local Government Act ,1993 and recently developed OLG 2021 Guidelines no longer require councils to prepare a Statement of the Environment Report. However, OLG has recommended that the report be presented to finalise this round of Integrated Planning and Reporting plans and reporting requirements. 

Therefore, the report is included with this year’s Annual Report as previously required under s.428a of the Local Government Act 1993.  


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator






















 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.3      Council Representation Through the Council Recess Period.

DOCUMENT NUMBER

361799

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Mayor and Deputy Mayor be appointed as Community Delegates of Council to represent Council at Cootamundra and Gundagai through the recess period.

 

Introduction

Council elections are usually held every four years in September. A meeting is held after the successful candidates have been declared to undertake their oath or affirmation. Local government elections were scheduled to be held in September, 2020 to elect a new council, however, due to COVID-19 the elections were deferred to September, 2021 and then again to 4th December, 2021.

The recess period will commence on Saturday, 4th December, 2021. The Electoral Commission of NSW has indicated that the declaration of the poll will occur between Tuesday 21st and Thursday 23rd December, 2021. Council has previously resolved to hold an extraordinary meeting Monday 10th January, 2022 to conduct the oath or affirmation and to elect a mayor and deputy mayor.

Typically, the Mayor and Deputy Mayor represent Council at annual school award presentations during the month of December. There will be no Council in office to attend such functions. Council can however nominate individuals to fulfil these rolls until the election of the mayor by the new council.

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.4      Cootamundra-Gundagai Regional Council Christmas and New Year Closure

DOCUMENT NUMBER

341676

REPORTING OFFICER

Marianne McInerney, Personal Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

The Christmas 2021 and New Year 2022 closures for Council facilities be noted.

 

Introduction

Each year Council’s offices and depots close for the Christmas and New Year period. The Administration Centres have traditionally closed from close of business Christmas Eve to reopen 2nd January.

Since the COVID-19 pandemic came to Australia in early 2020 indoor and outdoor staff have worked under difficult circumstances which has waxed and waned depending on relevant restrictions. In addition to this Council has introduced increases to rates and charges during this period. This has culminated in stressful times for the communities and many frustrations have been directed toward Council staff.

This year, due to the effects of on again off again COVID-19 restrictions Council is closing for two weeks. This will allow staff to enjoy a good break over the Christmas 2021 and New Year 2022 period giving them time recoup and refresh to reopen in January, 2022. Leave balances will be able to be better managed.

Council offices in Cootamundra and Gundagai will be closed from 12 noon Friday, 24th December, 2021 and re-open Monday, 10th January, 2022.

 

Changes to Cootamundra Waste Depot

Christmas Day, Saturday 25th December                               CLOSED

Boxing Day, Sunday 26th December                                        CLOSED

Christmas Day Public Holiday, Monday 27th December    10:00am – 3:00pm

Boxing Day Public Holiday, Tuesday 28th December           10:00am – 3:00pm

New Year’s Day, Saturday 1st January                                     CLOSED

New Year’s Day Public Holiday, Monday 3rd January           10:00am – 3:00pm

Changes to Gundagai Waste Depot

Christmas Day, Saturday 25th December                               CLOSED

Boxing Day, Sunday 26th December                                        CLOSED

Christmas Day Public Holiday, Monday 27th December    7:00am – 11:00am

Saturday 1st January 2022                                                         CLOSED

Sunday 2nd January 2022                                                          7:00am – 1:00pm (normal hours)

New Year’s Day Public Holiday, Monday 3rd January           7:00am – 11:00am (normal hours)

All other days operating as normal.

 

All kerbside collections for both Cootamundra and Gundagai will be as normal for Christmas and New Year period.

Arrangements will be made for on call staff during this period and the community will be able to continue to call 1300 459 689 contact Council staff for emergencies.

 

All Christmas closures will be advertised and notices placed to fully inform residents and ratepayers.


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.5      Code of Conduct Complaint Statistics

DOCUMENT NUMBER

356256

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

In accordance with the adopted procedures for the administration of the Code of Conduct.

ATTACHMENTS

Nil  

 

Recommendation

The report on Code of Conduct complaint statistics for the period 1st September 2020 to 31st August 2021, be received and noted.

 

Introduction

In accordance with part 11.1 of Council’s adopted Procedures for the Administration of the Code of Conduct for Councillors (Reporting on Complaints Statistic) the complaints coordinator must arrange for the following statistics to be reported to the Council within 3 months of the end of September of each year:

(a)  the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period);

(b)  the number of code of conduct complaints referred to a conduct reviewer during the reporting period;

(c)  the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints;

(d)  the number of code of conduct complaints investigated by a conduct reviewer during the reporting period;

(e)  without identifying matters, the outcome of investigations completed under these procedures during the reporting period;

(f)  the number of matters reviewed by the Office of Local Government during the reporting period and, without identifying particular matters, the outcome of the reviews; and

(g)  the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.

 

Council is also required to provide the Office of Local Government (OLG) with a report containing the statistics referred to above within 3 months of the end of September of each year.

Discussion

During the reporting period Council has received two (2) Code of Conduct complaint.

All staff and Councillors are bound to comply with the Council’s Code of Conduct. All complaints are investigated and dealt with in accordance with the Code of Conduct Policy and Procedure.

In accordance with the requirements, the Office of Local Government has been advised accordingly.

The following statistics are reported about code of conduct complaints made during the period
1st July, 2020 to 30th June, 2021.

 

Number of Complaints

 

 

 

 

 

 

 

1

a

The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct

2

 

 

b

The total number of complaints finalised in the period about councillors and the GM under the code of conduct

2

 

 

 

 

 

 

Overview of Complaints and Cost

 

 

 

 

 

 

 

2

a

The number of complaints finalised at the outset by alternative means by the GM or Mayor

1

 

 

b

The number of complaints referred to the Office of Local Government (OLG) under a special complaints management arrangement

0

 

 

c

The number of code of conduct complaints referred to a conduct reviewer

1

 

 

d

The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer

1

 

 

e

The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer

0

 

 

f

The number of finalised code of conduct complaints investigated by a conduct reviewer

0

 

 

g

The number of finalised complaints investigated where there was found to be no breach

0

 

 

h

The number of finalised complaints investigated where there was found to be a breach

1

 

 

i

The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police

0

 

 

j

The number of complaints being investigated that are not yet finalised

1

 

 

k

The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs

$5,428

 

 

 

 

 

Preliminary Assessment Statistics

 

 

 

 

 

 

 

3

The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

 

 

 

a

To take no action (clause 6.13(a) of the 2018 and 2020 Procedures)

0

 

 

b

To resolve the complaint by alternative and appropriate strategies (clause 6.13(b) of the 2018 and 2020 Procedures)

1

 

 

c

To refer the matter back to the GM or the Mayor, for resolution by alternative and appropriate strategies (clause 6.13(c) of the 2018 and 2020 Procedures)

0

 

 

d

To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police (clause 6.13(d) of the 2018 and 2020 Procedures)

0

 

 

e

To investigate the matter (clause 6.13(e) of the 2018 and 2020 Procedures)

0

 

 

 

 

 

 

Investigation Statistics

 

 

 

 

 

 

 

4

The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

 

 

 

a

That the council revise its policies or procedures

0

 

 

b

That a person or persons undertake training or other education (clause 7.37 of the 2018 Procedures or clause 7.40 of the 2020 Procedures)

0

 

 

 

 

 

 

5

The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

 

 

 

a

That the council revise any of its policies or procedures (clause 7.36(a) of the 2018 Procedures or clause 7.39 of the 2020 Procedures)

0

 

 

b

In the case of a breach by the GM, that action be taken under the GM’s contract for the breach (clause 7.36(h) of the 2018 Procedures or clause 7.37(a) of the 2020 Procedures)

0

 

 

c

In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (clause 7.36(i) of the 2018 Procedures or clause 7.37(b) of the 2020 Procedures)

0

 

 

d

In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 and that the matter be referred to OLG for further action (clause 7.36(j) of the 2018 Procedures or clause 7.37(c) of the 2020 Procedures)

0

 

 

 

 

 

 

6

 

Matter referred or resolved after commencement of an investigation (clause 7.20 of the 2018 or 2020 Procedures)

0

 

 

 

 

 

 

Categories of misconduct

 

 

 

 

 

 

 

7

The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:

 

 

 

a

General conduct (Part 3)

0

 

 

b

Non-pecuniary conflict of interest (Part 5)

0

 

 

c

Personal benefit (Part 6)

0

 

 

d

Relationship between council officials (Part 7)

0

 

 

e

Access to information and resources (Part 8)

0

 

 

 

 

 

 

Outcome of determinations

 

 

 

 

 

 

 

8

The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewer’s recommendation

0

 

9

The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by OLG

0

 

 

 

 

 

 

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.6      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

DOCUMENT NUMBER

360413

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.

ATTACHMENTS

1.       TACC Meeting Minutes 21 October 2021    

 

Recommendation

The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 21st October 2021 attached to the report, be received and noted.

 

Introduction

The attached Minutes of The Art Centre Cootamundra s.355 Committee Ordinary Meeting held on 21st October 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.7      Muttama Hall Management s.355 Committee Meeting Minutes

DOCUMENT NUMBER

360414

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.

ATTACHMENTS

1.       MHMC Meeting Minutes 20 October 2021

2.       Report on the Community Consultation for suggested colours for the Muttama Hall

3.       Ray Christison's letter-Muttama Hall colour scheme discussion

4.       Other Supporting Documentation    

 

Recommendation

1.   The Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 20 October 2021, attached to the report, be received and noted.

2.   Council consider the committees recommendation included in the report and detailed in the attached report on the Community Consultation for suggested colours for the Muttama Hall.

3.   The correction made in the Muttama Hall Management s.355 Committee meeting minutes of 24 September 2021, as detailed in the report, be noted.

 

October Minutes

The attached Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 20 October 2021, is submitted for the information of Council and the community.

COMMITTEES RECOMMENDATIONS:

1.    Council to note the fair efforts made by the Muttama Hall Management Committee in seeking the preferences of the local community with regard for the information in the Discussion Paper and for the painting of the hall.

2.    Council to note the circuitous process for deriving the presentation of locally-available colours from the suggested British Standard colours, is based on approximations and possibilities.

3.    Council to consider seeking clarification from an independent heritage consultant with regard for the Burra Charter’s Articles and their applications to the painting of the hall.

4.    Council to consider that, given the timeframes of the possible colours referred to in the paper, it appears that the “neutral-cream like tones” have served the longest period in the hall’s history and should therefore not be excluded from consideration by the community and Council.

5.    Council to note that given the estimations of time frames and the absence of “neutral-cream like tones” in the paper, clarification and additional information was sought from Mr Christison for conveyance to Council.

6.    Council to consider the attached response from Mr Christison who acknowledges that the points raised in the MHMC’s letter were valid and encourages “Council to conduct a community consultation process that takes into account opinions on all known colour schemes.”

7.    Council to consider that the most appropriate colour should be chosen, as the Muttama Hall is now a registered war memorial.

8.    Council to consider that the hall adjoins and shares the same block as the Muttama Fire Shed, which was painted to match the colour of the hall; as announced by a local member of the community to the others participating in the consultation on 25 September.

9.    Council to consider that analysis of the preferences of 20 local community members who attended the consultations show that the majority prefer the hall to be painted in cream and neutral cream: Manilla/Pale Ivory (6), Ecru (9) and Ecru Half (3).

10.  Council to consider use of a dark reddish/brown referred to in the paper be applied to some trims to match the adjoining Fire Shed; as recorded by five members of the local community.

 

September Minutes – Correction

An error was discovered in the Minutes of the Muttama Hall Management s.355 Committee meeting held on 24 September 2021. An incorrect date was noted and has now been corrected. Details of the correction are as follows: 

Page 3, Item 1.5 Business Arising from Previous Minutes, No. 3 Consultation with community on colour schemes, first dot point (19 March NOT 17 March)

Correction: The need to consult the community was initiated on 19 March re: colour schemes for the hall and again documented in the 21 April and 28 July 2021 meetings minutes.

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


PDF Creator

PDF Creator


PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

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

DOCUMENT NUMBER

361243

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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 s.355 Committee Management Manual.

ATTACHMENTS

1.       Ellwood's Hall Minutes 28 October 2021    

 

Recommendation

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 28 October 2021, attached to the report, be received and noted.

 

Discussion

The attached Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 28th October 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.9      Australia Day 2022

DOCUMENT NUMBER

360960

REPORTING OFFICER

Linda Wiles, Coordinator Business

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

1. A vibrant and supportive community: all members of our community are valued

1.1 Our Community is inclusive and connected

 

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

1.       Information on Australia Day Awards 2022 be received and noted.

2.       The submission of an Australia Day 2022 Community Events Grant application for funding for local Australia Day 2022 activities be endorsed.

 

Introduction

Council proposes to present its annual Australia Day Awards on Wednesday 26th January 2022, at two distinct ceremonies: one to be held in Gundagai and one to be held in Cootamundra.

Discussion

Advertising and promotion have commenced requesting nominations for Australia Day Awards for the following categories:

1. Citizen of the Year

2. Young Citizen of the Year

3. Sportsperson of the Year / Sports Achievement Award

Nominations are to be in writing (by letter, or on the form available from Council Offices and website) and received by Council no later than Friday 19th November 2021. This will allow for timely consideration and selection of Awardees prior to the November 2021 Ordinary Meeting of Council.

Council has registered to be part of the Australia Day Ambassador Program and will be allocated an ambassador for each location. Council staff will assist with planning and preparation of Australia Day celebrations for 2022.

The National Australia Day Council, with the assistance of the Australian Government, has made available grants of:

•    between $10,000 - $20,000 (GST exclusive), for the purpose of assisting eligible event organisers to ensure Australia Day 2022 events proceed despite the social and economic difficulties that have been experienced as a result of COVID-19 (events must proceed in keeping with relevant COVID health directions); and

•    up to an additional $10,000 (GST exclusive) where the event includes strong recognition of Aboriginal and/or Torres Strait Islander peoples, through the Australia Day 2022 Community Grants Program (Program)

The intended outcomes of this grant opportunity are to provide funding for Australia Day 2022 events that:

•    enable Australia Day events/activities to proceed in a COVID safe environment regardless of last-minute changes to COVID public health restrictions

•    encourage community participation in Australia Day events/activities

•    reflect, respect and celebrate Aboriginal and / or Torres Strait Islander people’s histories and cultures

•    create or retain local employment

•    support local communities, regions and industries affected by the economic impacts of COVID-19

•    promote the messaging of 'Reflect. Respect. Celebrate. We're all part of the story

A total of $7.5 million (GST exclusive) is available through the Program.

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.10    Updated Council Meeting Action Report - November 2021

DOCUMENT NUMBER

359803

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Updated Council Meeting Action Report    

 

Recommendation

The Updated Council Meeting Action Report be noted.

 

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.1.11    Information Bulletin

DOCUMENT NUMBER

361699

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Correspondence in 12.11.2021 - Email and attachments - A Letter from the Treasurer: Invitation to Participate in NSW Government Electric Vehicle Initiative

2.       The Hon. Matt Keane MP: Electric Fleets Incentive Announcement and Design

3.       NSW Electric Vehicle Strategy

4.       Drive Electric NSW EV Fleets Incentive Guidelines Round 1 November 2021

5.       Drive Electric NSW EV Fast Charging Site Host Prospectus November 2021

6.       Ministerial Correspondence - 16.11.2021 - Cladding rectification and the requirements of the Design and Building Practitioners Act 2020

7.       Note - Undertaking Cladding Rectification Work

8.       Message from Minister Hancock - 19.11.2021

9.       Ministerial Media Release 22.10.2021 - The Time To Pre-Poll Vote is Here

10.     Ministerial Media Release 19.11.2021 - Tough New Laws to Protect Public Spaces

11.     Ministerial Media Release 12.11.2021 - Women Get Set To Take Local Government

12.     Riverina Joint Organisation Board Meeting - 27 August 2021 - Miuntes

13.     Riverina Eastern Reginal Organisations of Council Board Meeting - 27.08.2021 - Minutes

14.     Cootamundra Floodplain Management Committee Meeting - 23.06.2021 - Minutes

15.     Correspondence in 16.11.2021 - Office Local Government  - Advice of Complaints Statistics Page

16.     Correspondence in 10.10.2021 - Lions Club of Cootamundra

17.     Council Circular 21-35 - 29.10.2021 - 2021 Model Code of Meeting Practice for Local Councils in NSW

18.     Council Circular 21-33 - dated 21.10.2021 - Compliance with records management provisions and transfer of local government records to the State Archives Collection

19.     Council Circular 21-36 dated 18.11.2021 Organisations under Section 88 of the Companion Animals Act 1998.pdf

20.     South West Slopes Zone Service Liaison Committee - 7.10.2021 - Minutes

21.     Media Release - 15.10.2021 -  Grants Available to Build Stronger Riverinea and Central West Communities

22.     Media Release dated 01.11.2021 - Funding Opportunity to Help Build Drought Resilience in Young Farmers.pdf

23.     NSW Public Libraries Association 2021

24.     Council Circular 21-37 dated 22.11.2021 - Amendments to the Public Health Order Relating to Voting at the 2021 Local Government Elections

25.     Managers Meeting - 10.11.2021 - Minutes.pdf

26.     Managers Meeting - 27.10.2021 - Minutes

27.     Managers Meeting - 29.09.2021 - Minutes.pdf    

 

Recommendation

The Information Bulletin and various attachments be received and noted.

 

Introduction

Council receives a variety of correspondence including Ministerial Messages, Council Circulars, media releases, community correspondence and other items. The correspondence attached has been included for the information of Council and the community.

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

 

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

 

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.2        Finance

8.2.1      Investment Report - October 2021

DOCUMENT NUMBER

361353

REPORTING OFFICER

John Chapman, Interim Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

Council’s investment income for October 2021 was $6,170.33, 21% over the budgeted figure of $5,096.

LEGISLATIVE IMPLICATIONS

Council investments comply fully with Section 625 of the Local Government Act (NSW), 1993, Local Government (General) Regulation, 2005 paragraph 212.

POLICY IMPLICATIONS

The Investment Policy was adopted on 31st July 2018 and was due for review on 31st July 2021.

ATTACHMENTS

1.       Investment Report 31 October 2021    

 

Recommendation

The Investment Report for October, 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 $6,170.33, being 21% over the budget for the month.

 

 

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.2.2      September 2021 Quarterly Budget Review Statement

DOCUMENT NUMBER

361356

REPORTING OFFICER

John Chapman, Interim Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

As reported in the attached quarterly budget review, the revised net operating result for the year to 30 September, 2021 estimates a profit of $10,134,214 compared with the original budget of $9,240,964 profit. The net movement in unrestricted cash now anticipated is $81,767 increase, compared with the original budget of $704,566 increase. Significant variations are included in the attached reports. While the variations to the estimated Capital Expenditure are listed in detail in the attached report, a further report outlining the major variations to the operating budget is being prepared and will be distributed prior to the Council Meeting.

LEGISLATIVE IMPLICATIONS

Compliance with Clause 203(1) of the Local Government (General) Regulation, 2005 requires that, not later than 2 months after the end of each quarter, excluding the June quarter, the responsible accounting officer must submit a budget review statement to Council. The format of the review must be consistent with the minimum requirements contained in the Quarterly Budget Review Statement Guidelines provided by the Office of Local Government.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Quarterly Budget Review - Consolidated Report

2.       Quarterly Budget Review - Capital Expenditure Report

3.       Quarterly Budget Review - Business Units/Cost Centres Report    

 

Recommendation

1.       That the September 2021 Quarterly Budget Review Report be received.

2.       The budget variations listed in the report be adopted.

 

Introduction

The purpose of this report is to present a summary of Council’s financial position at the end of the quarter, and to report on progress made against the original budget adopted by Council in its 2021-22 Operational Plan. A detailed list of capital expenditure budget variances is included in the September 2021 Quarterly Budget Review attached to the report.  A further report outlining the major variations to the operating budget is being prepared and will be distributed prior to the Council Meeting

Discussion

The reports are scheduled to be reviewed by the Finance Committee on Wednesday 24 November 2021.

Detailed commentary on the individual variations is included in the attached reports.

 


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

PDF Creator


Ordinary Council Meeting Agenda

30 November 2021

 

8.2.3      Request to Waive Rates on Lot 586 DP 726192 Middleton Drive Gundagai

DOCUMENT NUMBER

361678

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

The outstanding amount of $4536.65 be taken from the Finance budget and apply it to the Donations Budget.

LEGISLATIVE IMPLICATIONS

Compliance with of the Local Government Act, 1993

POLICY IMPLICATIONS

The CGRC Donations Policy.

ATTACHMENTS

Nil  

 

Recommendation

1.       Council notes that the land at Lot 586 DP 726192 Middleton Drive Gundagai is rateable as it is leased by the Gundagai Historic Bridges Committee Inc. from the Crown and used for private purposes and, as such, the levied rates cannot be waived.

2.       Council donate the amount of $4,343.67 to the Gundagai Historic Bridges Committee Inc.

3.       Council endorse the reduction of the Finance Budget, and increase to the Donations Budget, by the amount of  $4343.67 to accommodate the donation.

4.       The outstanding interest on assessment 11032836 adjusted to 30th November, 2021, being  the amount of $192.98 be written off as part of the donation process.

 

 

 

Introduction

At its Ordinary Meeting held 26th October, 2021 Council considered item 8.2.1 Request To Waive Rates on lot 586 DP 726192 Middleton Drive Gundagai due to the service request received from The Gundagai Historic Bridges Committee Inc (the Committee) requesting Council to waive the rates. Council resolved (Min. no.304/2021) to defer the report to prove further information on Crown lease management.

Discussion

At its Ordinary Meeting held 29th June, 2021 Council, Council adopted (Min. no.152/2021) its 2021/22 Rates and Annual Charges.

Under section 13 Community Based and Not for Profit Organisations, Gundagai Historic Bridges Committee Inc. is included in the list which Council resolved to reduce Water and Sewer access charges saving the Committee $208 on those annual charges. It is important to make the distinction that Water and Sewer charges are not rates. They are charges determined and applied by Council as opposed to rates which is legislated under Section 494 of the Local Government Act, 1993.

In NSW two things must firstly be examined when considering rateability (though there are many other things), regardless of the land tenure. It doesn’t matter what the tenure is, whether it be Freehold, Leasehold, Crown Land - any manner of Lease, License, Permit, or whatever:

·    who holds the land?– ie) whomever the Valuer-General (VG) has determined to be the holder of the land, and to whom the VG has issued the valuation notice, and thus who is liable to pay rates and taxes on the land (this is very often not the owner on the title), and

·    what is the land used for?

 

Is the holder of the land liable to pay rates by virtue of who they are?

Essentially, any person or entity that is not Crown that holds any land is liable for rates in the first instance (and Crown per the legislation means pretty much anything Government, with some slight variables, for example, Australian Rail Track Corporation who are subject to a federal Act that dictates they are not rateable in any state or territory).

For our simple purposes for this example, the 3 main exceptions to this are:

·    if they are a religious organisation (a church) and the land is held as a place of worship,

·    If they are held and used by a Crown Reserves Trust, which are legislated non-rateable,

·    if they are a registered charitable institution and the land is held for the institution’s charitable purposes.

Note that the notions or terms “not-for-profit” or “community” (except for Council Community land) mean nothing in respect of the rating legislation and are irrelevant.

There are many organisations that are “not-for-profit” or “community” who hold land that is rateable, and to whom rates must by law be levied.

To hold land that may be categorised as non-rateable, the organisation must be a registered charitable institution, and the organisation must provide the evidence of this to Council. The most notable instance in recent times of this was a prominent Cootamundra organisation previously rateable, who went through the process of registering. Thereafter with evidence Council could change most of their assessments to non-rateable from the beginning of the next full rating year.

Council is required to remain at arms-length from any process of an organisation that might wish to apply to Government to be a registered charitable institution. Council cannot be involved.

Regarding the use of the land.

Firstly, there are 2 things to consider when looking at the land use (though there are many further things to consider). Whether the use is either public, or private.

Remember, public, in terms of the definition in the legislation, essentially means Government use. It does not mean for example that the holder might allow all other persons or organisations in the wider community to use it. That is not “public” in terms of the legislation. It is essentially the same definition as to public money vs private money – “public money” means Government money.

Private means everything else or the use by all persons/entities/organisations that are not Government.

Generally, if land is held by Government and used by Government for Government purposes, it is non-rateable. This is mainly because of provisions in the Australian Constitution preventing state governments (includes councils) levying taxes on Federal Government, and other legislation. Examples of non-rateables (or exempts) are Government Office blocks, Police Stations, Motor Registries, State Forests, etc.

In regard to land held by Council, even though we are Government, Council is dealt with separately and differently by the legislation, and rateability depends upon what the land is used for. Because to ourselves Council is not another level or part of Government, Council land is often rateable.

Very basically, most often if it is Operational Land (as defined in the Local Government Act, 1993 (the Act) and classified by Council), and used by Council for its own operational purposes, it is rateable, and Council must levy rates on itself for this land. Which is why the depots, offices, treatment works, etc, are all rateable.

Examples of Crown Land held by Council that is rateable are: part of Cootamundra Depot # 2, Cootamundra Saleyards, parts of the Cootamundra Waste Facility and Sewerage Treatment Works.

If the land held by Council is Community Land (as defined in the Act) and used as such, it is generally non-rateable under the legislation. Which is why most Council parks, sporting grounds, etc, are non-rateable.

Examples of Crown Land held by Council (ie - Council’s Reserves Trust, etc) that is non-rateable are: Fisher Park, Nicholson Park, Cootamundra Showground.

In respect of Crown Land generally, there are many parcels of Crown Land in CGRC that are rateable due to them being held by private entities and/or for private purposes. (Remembering that the word “private” means everything and everybody that is non-Government).

A couple of examples of Crown Land held privately by “not-for-profit” organisations that are rateable (and must by law be rateable) are the Cootamundra Rifle Range, and the Cootamundra Pistol Range. People’s houses that are on Crown Land are all rateable.

Basically, just because land is Crown Land does not make it non-rateable, it comes down to who holds the land and what it is used for. A very substantial part of Crown Land in NSW is rateable under the legislation by virtue of who holds it and for what purpose, and as the Crown continually seeks to divest itself of the responsibility for it to other bodies (if not the ownership), most will eventually be rateable.

It is critical that Council understands that it cannot resolve to categorise any land for rating or for rateability that contravenes legislation, to do so is an unlawful and corrupt act. Every few years the Auditors obtain a full list of all of Council’s non-rateables, and evidence must be provided as to why every one of them has been categorised as such in compliance with the legislation. So it is one of the main areas in rating where Council must be particularly diligent and careful. There have been a number of cases of council officers who have lost their jobs for such actions and worse.

With reference to above and in basic terms, assessment 11032836 is rateable, because :

1)   the land is held by a private entity (non-government), and

2)   the land is used for private purposes (non-public and non-government).

It must be noted though that the Committee’s request is worded in the wrong terms as it is asking for rates to be “waived” rather than for a donation; if asking for rates to be waived, Council is required to refuse.

Prior to the 2016 amalgamation of the former Cootamundra and Gundagai Shire Councils, the Gundagai Shire Council had donated the annual rate amount for many years.

Since amalgamation Cootamundra-Gundagai Regional Council has also donated annual rates when such request was received and resolved by Council.

The current outstanding rates and financial years are detailed in the table below:

Financial Year

Rates Levied

2019/20

$1234.84

2020/21

$1413.16

2021/22

$1695.67

Interest

$192.98

Total

$4536.65

 

Assessment 11032836 has been reviewed back to 1995, in Authority, and the rates have never been “waived”, nor have they ever been written-off. There are only levy, interest and receipt transactions. It is evident that the former Gundagai Council and Cootamundra-Gundagai Regional Council have dealt with it the only way it lawfully can; where the organisation formally requests a donation from Council equivalent to the amount of annual rates, and Council resolves to make a donation accordingly. To resolve the current impasse regarding the organisation’s request, it would seem that the best option for Council may be to just increase the donations budget in the QBR, and if deemed necessary, reduce a budget line item commensurately elsewhere. It would certainly seem justifiable in terms of precedent.

 


Ordinary Council Meeting Agenda

30 November 2021

 

8.2.4      Referral of Financial Statements for Audit

DOCUMENT NUMBER

361357

REPORTING OFFICER

John Chapman, Interim Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To comply with section 413 of the Local Government Act, 1993.

POLICY IMPLICATIONS

Accounting Policies are detailed within the Financial Statements.

ATTACHMENTS

Nil  

 

Recommendation

1.       The Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer be delegated to sign the Statements by Council and Management for the 2021 General Purpose Financial Statements and 2021 Special Purpose Financial Statements for Cootamundra-Gundagai Regional Council.

2.       The 2021 Financial Statements be referred for audit.

3.       The General Manager be authorised to issue the 2021 Financial Statements upon receipt of the auditor’s report.

 

Introduction

Section 413 of the Local Government Act, 1993 requires a resolution of Council to refer the draft financial statements to audit.

Section 413(2)(c) requires a resolution of Council that the annual financial statements have been prepared in accordance with;

·    The Local Government Act, 1993 (as amended) and the Regulations made there under.

·    The Australian Accounting Standard and professional pronouncements.

·    The Local Government Code of Accounting Practice and Financial Reporting.

Further, that to the best of its knowledge and belief, the financial statements present fairly the operating result and financial position, and accord with Council’s accounting and other records.

Section 418 of the Act requires that as soon as practicable after Council receives a copy of the auditor’s report, it must fix a date for a meeting to present the audited financial statements to the public, and it must make the financial statements available for public inspection for at least seven days prior to the meeting date.

Discussion

The financial statements for the reporting period ended 30 June 2021 are currently being finalised and are scheduled for audit. Pursuant to section 413(1) of the Local Government Act, 1993 Council is required to refer the draft statements to audit.  A copy of the statements will be distributed prior to the Council Meeting.

The Office of Local Government as approved an extension of time to 17 December 2021 for lodgement of the statements.

A meeting of the Finance Committee is scheduled to allow for information and analysis to be provided.


Ordinary Council Meeting Agenda

30 November 2021

 

8.3        Community and Culture

8.3.1      Minutes of the Access and Inclusion Committee Meeting held on Thursday 28 October 2021

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

FINANCIAL IMPLICATIONS

$500,000 to be funded by the Local Roads and Community Infrastructure Funding.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Access and Inclusion Minutes 28102021.pdf      

 

Recommendation

1.   The Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 20201 (attached) are submitted for adoption.

2.   Council consider the recommendations contained within the Minutes.

 

 

 

Introduction

The Minutes of the Access and Inclusion Committee Meeting held on Thursday, 28th October, 2021 are submitted for the information of Council and the community.

 

RECOMMENDATION

Moved:       Allan Young

Seconded:   Marjory Taprell

 

That $500,000 be allocated from the Local Roads and Community Infrastructure Funding

allocation for main street business access audits (in Cootamundra) and design and

implementation of access upgrades connecting the train station and main street and on to

Jubilee park, as well as a section between Boundary Rd and Temora Street.

Carried


Ordinary Council Meeting Agenda

30 November 2021