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Business

Paper

 

Ordinary Council Meeting

 

Council Chambers, Gundagai

 

2:00PM, Tuesday 25th January, 2022

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

 

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 Council Chambers, Gundagai on:

Tuesday, 25th January, 2022 at 2:00PM

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

25 January 2022

 

AGENDA

Order Of Business

 

1          Acknowledgement of Country. 5

2          Open Forum.. 5

3          Apologies. 5

4          Disclosures of Interest. 5

5          Confirmation of Minutes. 6

5.1            Minutes of the Ordinary Meeting of Council held on Tuesday 30 November 2021. 6

5.2            Minutes of the Extraordinary Meeting of Council held on Monday 10 January 2022. 43

6          Mayoral Minutes. 50

6.1            Mayoral Minute - Councillor Engagement to 3rd December, 2021. 50

6.2            Mayoral Minute - Councillor Engagement January, 2022. 51

7          Reports from Committees. 52

8          General Manager’s Report. 52

8.1            Business. 53

8.1.1        Cootamundra-Gundagai Regional Council and CWP Renewables Voluntary Planning Agreement 53

8.1.2        Local Government Remuneration Tribunal Review 2022 Annual Determination  79

8.1.3        Committees Requiring Council Representatives. 99

8.1.4        Draft Code of Meeting Practice. 100

8.1.5        Political Donation and Electoral Expenditure disclosures. 142

8.1.6        Australian Local Government Association (ALGA) National General Assembly 2022. 149

8.1.7        The Arts Centre Cootamundra s.355 Committee Meeting Minutes. 178

8.1.8        Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes. 187

8.1.9        The Cootamundra Heritage Centre Management S.355 Committee Meeting Minutes. 191

8.1.10     Muttama Creek Regeneration Group s.355 Committee Meeting Minutes. 195

8.1.11     Muttama Hall Management s.355 Committee Meeting Minutes and Membership. 197

8.1.12     Council Meeting Action Report - January 2021. 208

8.1.13     Information Bulletin - January 2022. 221

8.2            Finance. 269

8.2.1        Monthly Finance Report for December, 2021. 269

8.2.2        Investment Report - November 2021. 273

8.2.3        Investment Report - December 2021. 276

8.3            Community and Culture. 279

8.3.1        Change to Council Contribution to the Riverinal Regional Library Membership. 279

8.4            Development, Building and Compliance. 284

8.4.1        Development Applications November and December 2021. 284

8.5            Regulatory Services. 287

8.6            Assets. 288

8.6.1        Progress Report of the Construction of the Gundagai Sewage Treatment Plant and Associated Works. 288

8.7            Civil Works. 318

8.7.1        January 2022 Rainfall Event 318

8.7.2        Civil Works and Technical Services Report - January 2022. 320

8.8            Technical Services. 322

8.8.1        Road Closure Tom Street Gundagai 322

8.9            Facilities. 325

8.9.1        Facilities Works Report December 2021 to January 2022. 325

8.10          Waste, Parks and Recreation. 327

9          Motion of which Notice has been Given. 328

9.1            Notice of Motion - Procurement of Weed Spraying Chemicals. 328

10       Questions with Notice. 329

10.1          Questions With Notice - January 2022. 329

11       Confidential Items. 331

 


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

25 January 2022

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 30 November 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 30 November 2021 

    

 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 30 November 2021 be confirmed as a true and correct record of the meeting.

 

 

 


 

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Minutes

Ordinary Council Meeting

 

Council Chambers, Gundagai

 

6:00 PM, Tuesday 30TH NOVEMBER, 2021

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Minutes

30 November 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE
Council Chambers, Gundagai
ON
Tuesday, 30 November 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), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sally Atkinson (interim Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), John Chapman (Interim Manager Finance and Customer Service), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)

1            Acknowledgement of Country

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

 

2            Open Forum

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 26 October 2021

Resolution  328/2021  

Moved:       Cr David Graham

Seconded:   Cr Charlie Sheahan

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.

Carried

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement November, 2021

Note: The following additions were made at the Meeting:

24th November, 2021

I attended a Dog on the Tuckerbox Working Party Meeting.

26th November, 2021

Cr Graham and I attended a Softwoods Working Group Meeting.

Resolution  329/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

The information in the Mayoral Minute be received and noted.

Carried

 

 

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

Resolution  330/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

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. 

Carried

 

 

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

Resolution  331/2021  

Moved:       Cr David Graham

Seconded:   Cr Leigh Bowden

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. 

Carried

 

7            Reports from Committees

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

Resolution  332/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

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

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.

Carried

 

 

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

Resolution  333/2021  

Moved:       Cr David Graham

Seconded:   Cr Gil Kelly

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 were noted.

 Carried

 

 

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

Resolution  334/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

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.       The recommendations contained in the Minutes as detailed in the report were noted.

Carried

 

8            General Manager’s Report

8.1         Business

8.1.1      Delivery Program and Operational Plan Quarterly Progress Report

Resolution  335/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Doug Phillips

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

Carried

 

 

8.1.2      Annual Report inclusive of End of Term report

Resolution  336/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

1.       The draft Annual Report for the year ended 30th June, 2021 be reviewed by Council 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.       The audited Financial Statements not available at this time be submitted to Council for endorsement at such time when the audit is complete.

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.

Carried

 

 

8.1.3      Council Representation Through the Council Recess Period.

Resolution  337/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

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

Carried

 

 

 

 

8.1.4      Cootamundra-Gundagai Regional Council Christmas and New Year Closure

Resolution  338/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

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

Carried

 

 

8.1.5      Code of Conduct Complaint Statistics

Resolution  339/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

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

Carried

 

8.1.6      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

Resolution  340/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Doug Phillips

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.

Carried

 

8.1.7      Muttama Hall Management s.355 Committee Meeting Minutes

Resolution  341/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Leigh Bowden

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 Committee’s 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.

Carried

 

 

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

Resolution  342/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Dennis Palmer

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.

Carried

 

 

8.1.9      Australia Day 2022

Resolution  343/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Doug Phillips

1.       Information on Australia Day 2022 Awards 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.

Carried

 

8.1.10    Updated Council Meeting Action Report - November 2021

Resolution  344/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr David Graham

The Updated Council Meeting Action Report be noted.

Carried

 

 

8.1.11    Information Bulletin

Resolution  345/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

The Information Bulletin and various attachments be received and noted.

Carried

 

8.2         Finance

8.2.1      Investment Report - October 2021

Resolution  346/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

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

Carried

 

 

8.2.2      September 2021 Quarterly Budget Review Statement

Resolution  347/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Penny Nicholson

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

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

Carried

 

 

 

 

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

Resolution  348/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

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  $4,343.67 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.

 

Carried

 

 

 

8.2.4      Referral of Financial Statements for Audit

Resolution  349/2021  

Moved:       Cr David Graham

Seconded:   Cr Charlie Sheahan

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.

Carried

 

 

8.3         Community and Culture

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

Resolution  350/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

1.       The Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 2021, attached to the report, be adopted.

2.       The recommendations contained within the Minutes were noted.

Carried

 

 

 

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

Resolution  351/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.       The Minutes of the Cootamundra Tourism Action Group Advisory Committee meeting held on 4th November, 2021 be received and noted.

2.       Council consider the recommendation contained within the minutes.

Carried

 


 

8.4         Development, Building and Compliance

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

Resolution  352/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

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

·    Application No:       DA2021/149

·    Property:                  Lot 4 DP 808897

                                   137 Hurley Street,

                                   COOTAMUNDRA NSW 2594

·    Development:          To construct a new carport

 

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

Drawing No. 2021012/01

Elevations, Cross Sections & Roof Plan

C.L.I.

22.08.2021

Drawing No. 2021012/02

Site Plan

C.L.I.

22.08.2021

 

(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 – Underground Services.

 

The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.

 

Reason: To ensure the utility services are protected and satisfactory for the proposed development.

 

DURING CONSTRUCTION

(1)           DUR Condition – Works to be undertaken in Accordance with the Approval.

 

All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.

 

Reason: ensure all works are carried out in accordance with the development consent.

 

2)            DUR Condition – Hours of Construction Site Works.

 

Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-

 

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

 

The applicant is responsible to instruct and control subcontractors regarding hours of work.

 

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

 

(3)           DUR Condition – Footpath Storage.

 

Building materials not to be stored on Council footway or nature strip at any time.

 

Reason: To ensure an adequate level of public safety is maintained.

 

(4)           DUR Condition – Waste Removal.

 

All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.

 

Reason: To ensure that the amenity and unsightly condition is minimised.

 

(5)           DUR Condition – Tree Protection - Nature Strip.

 

Existing trees which are located on the nature-strip shall be protected during the construction period.

 

Reason: The Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.

 

(6)           DUR Condition - BCA Compliance.

 

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

 

Reason: To ensure the building complies with the BCA.

 

(7)           DUR Condition – Inspections.

 

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

 

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

 

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

 

(8)           DUR Condition – Restricted Public Access.

 

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

 

Reason: To ensure public safety is maintained.

 

DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

1.    linked to existing storm water drainage line in the rear of the site.

 

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

 

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

 

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

 

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

 

ONGOING USE

(1)       USE Condition – Carport Enclosure Prohibited.

 

The open sides of the carport are not to be enclosed at any point in time without the prior consent of Council.

 

Reason: Statutory compliance with the fire separation requirements of the Building Code of Australia.

 

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.

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

Resolution  353/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Penny Nicholson

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

·  Application No:       DA2021/163

·  Property:                  Lot 2 DP 25773

                                42 Bourke Street

                                COOTAMUNDRA

·  Development:          To make alterations and additions to the existing dwelling and construct 

                                a new garage

 

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

23.10.2020

Drawing No. 1

Floor Plan, Elevations & Engineering – House

Coota Design

23.10.2020

Drawing No. 2

Floor Plan, Elevations & Engineering – Shed

Coota Design

03.11.2020             

 

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 - Section 94A Contributions.

 

At the time of submission of a Construction Certificate all owning monies as they relate to Section 94A contributions must be paid in full.

 

Section 94A 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 - Certificates in Relation to Energy Efficiency.

 

Prior to obtaining a Construction Certificate, the Applicant shall furnish Council with Certificates in relation to energy efficiency.  In general terms, these certificates shall be provided by appropriately qualified persons and reference compliance of the particular element of construction with Part J of the Building Code of Australia.  Certificates shall be provided for the following parts of construction:

1.    Building Fabric

2.    External Glazing

3.    Air Movement

4.    Air Conditioning and Ventilation Systems

5.    Artificial Lighting and Power

6.    Hot Water Supply

7.    Access for Maintenance

 

Reason: To ensure the development meets the energy requirements of Section J of the Building Code of Australia.

 

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

 

An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for any new water, sewerage or drainage connection prior to the issue of a Construction Certificate.

 

All plumbing works must be undertaken by a licenced plumber or drainer. They must submit their Notice of Work (N.O.W) and pay for any associated inspections 48hrs before the first inspection. They also must submit a correct Sewer Service Diagram (S.S.D) for all works. The C.O.C and S.S.D. must be submitted before an Occupation Certificate can be released by the Principal Certifying Authority (P.C.A).

 

The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act 1993, NSW Fair Trading and The Plumbing Code of Australia.

 

Reason: Statutory compliance.

PRIOR TO COMMENCEMENT OF WORKS

(1)       PCW Condition – Prior to Building Work Commencing.

 

The erection of a building in accordance with the development consent must not commence until:-

 

1.    a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

 

2.    the person having the benefit of the development consent has:

a.    appointed a principal certifying authority for the building work, and

b.    notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and

 

3.    the principal certifying authority has, no later than 2 days before building works commences:

a.    notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and

b.    notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and

 

4.    the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has,

a.    appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and

b.    notified the principal certifying authority of any such appointment, and

c.     unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work.

 

Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.

(2)       PCW Condition – Signage.

 

Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: -

 

1.    Statement that unauthorised entry to the site is not permitted

2.    Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours

3.    The name, address and telephone contact of the Principal Certifying Authority for the work

 

Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.

 

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

 

(3)       PCW Condition – Notice of Commencement.

 

Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least    2 days prior to work commencing.

 

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

 

(4)       PCW Condition – Builders Toilets.

 

Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.

 

Reason: To ensure minimum standards of hygiene for onsite workers.

 

(5)       PCW Condition – Residential Building Work.

 

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information

 

1.    In the case of work for which a principal contractor is required to be appointed:

a.    In the name and licence number of the principal contractor, and

b.    The name of the insurer by which the work is insured under Part 6 of that Act.

 

2.    In the case of work to be done by an owner-builder:

a.    The name of the owner-builder and,

b.    If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

Reason: Statutory compliance.

 

(6)       PCW Condition – Waste Storage During Construction.

 

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

 

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

 

(7)       PCW Condition – Soil Erosion Control.

 

Site erosion control measures shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the building site by a drainage system. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.

 

Reason: To ensure that adequate measures are in place so that damage from sediment run off to adjoining sites and waterways is minimised.

 

(8)       PCW Condition – Underground Services.

 

The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.

 

Reason: To ensure the utility services are protected and satisfactory for the proposed development.

 

DURING CONSTRUCTION

(1)           DUR Condition – Works to be undertaken in Accordance with the Approval.

 

All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.

 

Reason: ensure all works are carried out in accordance with the development consent.

 

(2)           DUR Condition – Hours of Construction Site Works.

 

Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-

 

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

 

The applicant is responsible to instruct and control subcontractors regarding hours of work.

 

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

 

(3)           DUR Condition – Footpath Storage.

 

Building materials not to be stored on Council footway or nature strip at any time.

 

Reason: To ensure an adequate level of public safety is maintained.

 

(4)           DUR Condition – Waste Removal.

 

All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.

 

Reason: To ensure that the amenity and unsightly condition is minimised.

 

(5)           DUR Condition - Pipe Replacement.

 

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

 

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

 

(6)           DUR Condition - BCA Compliance.

 

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

 

Reason: To ensure the building complies with the BCA.

 

(7)           DUR Condition – Inspections.

 

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

 

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

 

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

 

(8)           DUR Condition – Restricted Public Access.

 

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

 

Reason: To ensure public safety is maintained.

 

(9)           DUR Condition – Termite Protection.

 

The building and immediate surrounds shall be treated be treated in accordance with Australian Standard 3660.1 for protection against subterranean termites, and a copy of the guarantee submitted to Council.

 

NB: If a chemical system is selected for use as a barrier against termite attack, a durable notice shall be attached to the house providing information relating to the treatment supplied and the chemical used. This notice should be affixed permanently in either the electric meter box or at the entrance to the subfloor area.

 

Whilst the Building Code of Australia (BCA) and AS 3660.1 prescribe measures for protection in relation to the structural elements of a building, there are many other elements which may be susceptible to termite attack. Council therefore, encourages builders and owners to take general protective measures against termite attack according to approved industry standards and practices.

 

No protective measure is permanent. Owners should therefore, arrange regular inspections of their building by appropriate experts.

 

Reason: To protect the building from attack.

 

(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

2.    To the requirements of the BASIX Certificate, and any overflows to be without nuisance

 

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 – Water Proofing - Wet Areas.

 

An owner/builder will not be permitted to provide water proofing membranes to any wet area unless that person holds a Water Proofing Membrane subcontractor's licence with the Department of Fair Trading. The application of water proof membranes to nominated wet areas is a 'Critical Stage Inspection' requiring mandatory inspection by the Council or an accredited Private Certifying Authority.

 

The standards for compliance are AS 3740 2010 for Water Proofing Internal Wet Areas.

 

Reason: To ensure that water proofing of internal wet areas are competently carried out to the required Standard and Code of Practice.

 

(12)        DUR Condition – Slab on Ground Construction.

 

The following points must be complied with: -

1.    Internal floor level must be a minimum of 225mm above the external finished surface level adjacent to the building

2.    External paths and ground surface adjoining the walls of the building must be graded and drained away from the dwelling in such a manner as not to cause a nuisance

 

Reason: To ensure minimum requirements for surcharge gully heights are met and to minimise problems caused by flooding.

 

(13)        DUR Condition – Scalding.

 

The Hot Water System to the bathroom/ensuite is to be set not to exceed 50°C to prevent accidental scalding of children and the infirm. The licensed Plumber is to complete the attached certificate of compliance for the completed installation.

 

Reason: Statutory requirement.

 

(14)        DUR Condition – Smoke Alarms.

 

Install AC operated hard wired smoke alarms as per Australian Standard AS3786 to the building, where there is more than one smoke alarm installed all alarms must be interconnected.

 

Reason: To provide for fire safety in residential buildings.

 

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 – BASIX.

 

The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development.

 

Prior to an Occupation Certificate being issued, the applicant is to provide certification certificates to the PCA which specifies that all commitments listed in the BASIX Certificate have been completed.

 

Reason: To ensure the development meets State Government energy and water efficiency targets

 

ONGOING USE

(1)       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.

 

(2)       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.

 

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

Resolution  354/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Doug Phillips

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

·  Application No:   DA2021/171

·  Property:              Lot 371 DP 753601

                             63 Pinkerton Road,

                             COOTAMUNDRA  NSW  2590

·  Development:     To construct a 180m2 shed as ancillary to the existing dwelling.

 

GENERAL CONDITIONS

(1)           GEN Condition - Compliance Standards

 

Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).

 

Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.

 

(2)       GEN Condition - Compliance with Council

 

The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.

 

 

Document Reference

Description

Author

Date

 

Site Plan

Applicant

October 2021

Job No. 34985

Elevations and Floor Plan

MA Steel

October 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 Works Operations Manager for an estimate of costs in this regard.

 

Reason: To ensure that the amenity and unsightly condition is minimised.

 

(5)           DUR Condition - BCA Compliance.

 

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

 

Reason: To ensure the building complies with the BCA.

 

(6)           DUR Condition – Inspections.

 

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

 

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

 

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

 

(7)           DUR Condition – Restricted Public Access.

 

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

 

Reason: To ensure public safety is maintained.

 

(8)           DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

1.    To diffusion pit a minimum 3m from any building and in such a position that it does not cause nuisance to neighbours

2.    To the roadside table drain. The end of the storm water pipe at the table drain shall be suitably protected to avoid damage to the end of the pipe

 

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

 

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

 

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

 

Reason: To minimise the opportunity for ponding and flooding.

 

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

 

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

 

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

 

ONGOING USE

(1)       USE Condition – Business Use.

 

The shed 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

 

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

Resolution  355/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Leigh Bowden

1.       Council authorise the extinguishment of the Easement for Transmission Line – Dealing G2050, located on Lot 14 DP 753601, Cowcumbla Street, Cootamundra.

2.       The General Manager be authorised to sign any documentation necessary to complete the above matter

3.       Authority the granted to affix the common seal of Council to any documentation necessary to complete the above matter.

4.       The Property owner be responsible for all associated costs.

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

 

 

 

8.4.5      Development Applications October 2021

Resolution  356/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

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

Carried

 

8.5         Regulatory Services

8.5.1      Regulatory Report October 2021

Resolution  357/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

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

Carried

 

 

8.6         Assets

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

Resolution  358/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

The report on Irrigation to Dog Off Leash Park and Recycled Water Management System Cootamundra be deferred for consideration of the new council.

Carried

 

 

 

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

Resolution  359/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Dennis Palmer

1.       The Preliminary Investigation Report, provided separately to Council be received and noted.

2.       Council approve $150,000 from Sewer funds to commence survey, investigation, option, and concept design development for sewage pumping station (SPS) and rising main renewal program.

Carried

 

 

 

 

 

 

 

 

 

8.7         Civil Works

8.7.1      Civil Works and Technical Services Report - November 2021

Resolution  360/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

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

Carried

 

 

 

8.7.2      Proposed Projects for Local Roads Community Infrastructure Program

Resolution  361/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr David Graham

The proposed Cootamundra-Gundagai projects, as listed in the table below, be approved for inclusion in the Local Roads and Community Infrastructure (LRCI) program – Phase 3.

Carried

 

 

8.8         Technical Services

8.8.1      Community Bus Funding Opportunity

Resolution  362/2021  

Moved:       Cr David Graham

Seconded:   Cr Doug Phillips

1.       Advice be provided to the Gundagai Neighbour Hood Centre regarding Council’s position on the community bus.

2.       The community bus be sold through public auction with the income to be allocated to Council’s Plant Reserve.

Carried

 


 

8.9         Facilities

8.9.1      The Arts Centre Cootamundra - Goods and Services Tax Report

Resolution  363/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

The General Manager and Interim Manager of Finance and Customer Service develop a payment plan for the Arts Centre Cootamundra to repay their Goods and Services Tax debt while continued operations at the Arts Centre Cootamundra remain in place.

Carried

 

8.9.2      Cootamundra Depots 1 and 2  Minor Upgrades

Resolution  364/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr David Graham

1.       The allocation of $55,000 from the Building Operations Budget being allocated to undertake the refurbishment of the former gas works building at Depot 2, Hovell Street Cootamundra to a multipurpose facility be endorsed.

2.       The allocation of $30,000 from the Building Operations Budget being allocated for the extension of the stores building at Depot 1, Hovell Street Cootamundra be endorsed.

Carried

 

8.10       Waste, Parks and Recreation

8.10.1    Prices for Sale of RecycLable Items.

Resolution  365/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

1.              The charges for the sale of recyclable items be placed of Public Exhibition for twenty eight     days inviting public submission.

2.              Electrical items not be included.

3.      Pending no submissions being received during the public exhibition period The recyclable item classifications, and associated sale prices as detailed in this report be adopted and incorporated into Council’s 2021/2022 fees and charges policy.

4.       All funds generated from the sale of recyclable items at Cootamundra-Gundagai Regional Council’s waste facilities be allocated to the waste reserves.

Carried

 

 

 

8.10.2    Jubilee Park Redevelopment

Resolution  366/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Penny Nicholson

The development of Jubilee Landscape Master Plan over four (4) stages and in accordance with Council’s Procurement Policy be approved.

Carried

 

 

 

8.10.3    Cootamundra Aquatic Centre & Stadium Annual Report

Resolution  367/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

The 2020/2021 Annual Operating Report for the Cootamundra Aquatic Centre and Sports Stadium from Leisure & Recreation Group be received and noted.

Carried

 

9            Motion of which Notice has been Given

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.

Resolution  368/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

First Nations Cultural Awareness Training be included as a permanent part of the Induction Program for each new Council term of office.

Carried

 

10          Questions with Notice

Nil

11          Confidential Items  

11.1       Closed Council Report

Resolution  369/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

1.       Item 11.2 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed.

2.       In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Item 11.2 be withheld from the press and public.

11.2       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       South West Fuels Electricity Provision Financial Considerations

Resolution  370/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

With the outstanding section94 contribution amount of $44,000 paid to Council in full, an offer of $26,400 made by Mr Graham be accepted on a without prejudice basis to settle the ongoing dispute between Council and South West Fuels Cootamundra.

Carried

 

 

11.3       Resumption of Open Council Meeting

Resolution  371/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Dennis Palmer

The Open Council meeting resume.

Carried

 

11.4       Announcement of Closed Council Resolutions

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

 

The Meeting closed at 8:01 PM.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 14 December 2021.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

25 January 2022

 

5.2         Minutes of the Extraordinary Meeting of Council held on Monday 10 January 2022

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 Extraordinary Meeting of Council held on Monday 10 January 2022 

    

 

Recommendation

The Minutes of the Extraordinary Meeting of Council held on Monday 10 January 2022 be confirmed as a true and correct record of the meeting.

 

 

 

 


 

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Minutes

Extraordinary Council Meeting

 

Council Chambers, Gundagai

 

6:00PM, Monday 10TH JANUARY, 2022

 

Administration Centres:  1300 459 689

 

 


Extraordinary Council Meeting Minutes

10 January 2022

 

MINUTES OF Cootamundra-Gundagai Regional Council
Extraordinary Council Meeting
HELD AT THE
Council Chambers, Gundagai
ON
Monday, 10 January 2022 AT 6:00PM

 

PRESENT:                 Cr Charlie Sheahan (Mayor), Cr Leigh Bowden (Deputy Mayor), Cr Les Boyd, Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Gil Kelly, Cr Abb McAlister, Cr Penny Nicholson

IN ATTENDANCE:     Linda Wiles (Acting General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Sally Atkinson (Acting Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), John Chapman (Interim Manager Finance and Customer Service), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services)

 

1            Acknowledgement of Country

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

 

2            Open Forum

The Open Forum is not held at an Extraordinary Meeting.

 

3            Apologies

An apology was received by Phillip McMurray (General Manager).

4            Disclosures of Interest

Nil


 

 

5            General Manager’s Report

5.1         Business

5.1.1      Oath or Affirmation of Council

Information

Under Section 233A of the Local Government Act, 1993 Councillor must take an oath of office or make an affirmation of office at, or before the first meeting of the Council after the election. Accordingly the oath or affirmation of office of the newly elected councillors is to be conducted at this meeting.

Oaths or affirmations of office must be taken individually by each councillor and be recorded in the Minutes of this Extraordinary Meeting.

Crs Leigh Bowden, Gil Kelly and Penny Nicholson pledged their role as Councillor by Affirmation.

Crs Glover, Collins, Sheahan, Boyd, McAlister and Graham  pledged their role as Councillor by Oath.

 

 

 

5.1.2      Election of the Mayor for the term 10th January 2022 - September, 2023

Resolution  001/2022  

Moved:       Cr David Graham

Seconded:   Cr Trevor Glover

1.      In accordance with Schedule 7 of the Local Government (General) Regulation 2021 Council determined the method of electing the Mayor be by Ordinary Ballot.

2.     Councillor Charlie Sheahan was elected Mayor for the January, 2022 to September, 2023 term.

3.     Council determined to elect a Deputy Mayor.

Carried

 

 

5.1.3      Election of the Deputy Mayor 10th January 2022 - September, 2023

Resolution  002/2022  

Moved:       Cr David Graham

Seconded:   Cr Logan Collins

1.      Subject to Council resolving to elect a Deputy Mayor (previous Item on the agenda) the election of the Deputy Mayor for the 10th January, 2022 to September, 2023 term proceed.

2.       In accordance with Schedule 7 of the Local Government (General) Regulation 2021 Council determined the method of electing the Deputy Mayor be by Ordinary Ballot.

3.        Cr Bowden was elected Deputy Mayor for the January, 2022 to September, 2023 term.

Carried

 

5.1.4      Filling of Vacancies

Resolution  003/2022  

Moved:       Cr David Graham

Seconded:   Cr Logan Collins

Pursuant to section 291A(1)(b) of the Local Government Act 1993 (the Act) Cootamundra-Gundagai Regional Council declares that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act and directs the General Manager to notify NSW Electoral  Commissioner of the Council’s decision within 7 days of the decision.

Carried

 

 

 

5.1.5      Review of Delegations of Authority of General Manager

Resolution  004/2022  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

1.   Following the review of the delegations of the General Manager in accordance with section 380 of the Local Government Act 1993, the General Manager, or the person who acts in that position, continue to be granted all of the functions, powers, duties and authorities of the Council that it may lawfully delegate under the Local Government Act 1993, any other Act, regulation, instrument, rule or the like (including any functions, powers, duties and authorities delegated to the Council by any authority, body, person or the like) except those functions prescribed in section 377(1) of the Local Government Act 1993.

2.   The General Manager, or the person who acts in that position, be granted the additional delegation to authorise urgent works and other expenditures outside of the adopted budget up to an amount of $20,000.

Carried

 


 

 

5.1.6      Committees requiring Council Representatives

Resolution  005/2022  

Moved:       Cr Leigh Bowden

Seconded:   Cr Trevor Glover

A Councillor, or where required Councillors, be nominated as delegate, or delegates to the committees detailed in the report.

The following delegate, or delegates, were nominated to the Committees:

Committee Name

Delegates/ Representatives required

Audit, Risk and Improvement Committee (ARIC)

Cr’s Graham and Glover

Finance Committee

Cr Sheahan (Mayor) and Cr’s Glover, Graham and McAlister.

Local Traffic Advisory Committee

Cr Collins

Access and Inclusion Advisory Committee

Cr Collins

Cootamundra Tourism Action Group Advisory Committee

Cr Bowden (Deputy Mayor)

Gundagai Tourism Action Group Advisory Committee

Cr Nicholson

Cootamundra Aerodrome Users Group Advisory Group

Cr Sheahan (Mayor)

Gundagai Youth Council

Cr McAlister

Cootamundra Youth Council

Cr Collins

The Cootamundra Showground Users Group s.355 Committee

Cr Kelly

The Art Centre Cootamundra s.355 Committee

Cr Bowden (Deputy Mayor)

Cootamundra Heritage Centre s.355 Committee

Cr Boyd

Stockinbingal Ellwood’s Hall s.355 Committee

Cr Bowden (Deputy Mayor)

Wallendbeen Memorial Hall s.355 Committee

Cr Bowden (Deputy Mayor)

Muttama Hall Management s.355 Committee

Cr Glover

Muttama Creek Regeneration Group s.355 Committee

Cr Sheahan (Mayor)

Goldenfields Water County Council

Cr McAlister

The Riverina Regional Library

Miriam Crane (Manager Community and Culture) Cr Bowden (Deputy Mayor) and Cr Nicholson as alternate delegate.

Eastern Riverina Arts Advisory Committee

Cr Bowden (Deputy Mayor)

Cootamundra Development Corporation

Cr Bowden (Deputy Mayor)

South West Slopes Zone Service Liaison Committee (RFS)

Cr Kelly

Softwoods Working Group

Cr Graham

 

Carried

 

 

 

5.1.7      Meeting Dates for Ordinary Meetings of Council for 2022

Resolution  006/2022  

Moved:       Cr Leigh Bowden

Seconded:   Cr Logan Collins

1.   The Ordinary Meetings of Council be held on the fourth (4th) Tuesday of the Month from January to November at 6:00pm.

2.   The Ordinary Meeting held in December remain on the second Tuesday at 6:00pm.

3.   The current arrangement of alternating meetings between Cootamundra and Gundagai remain.

4.   Alternatives to the current meeting arrangements be considered if requested.

5.    The Ordinary Meeting Scheduled for Tuesday, 25th January, 2022 be brought forward to 2:00pm.

Carried

 

 

The Meeting closed at 6:47PM.

 

The minutes of this meeting were confirmed at the Extraordinary Council Meeting held on 25 January 2022.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

25 January 2022

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement to 3rd December, 2021

DOCUMENT NUMBER

364125

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

So as to keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes.

 

Recommendation

The information in the Mayoral Minute be received and noted.

 

20th November, 2021

Cr Bowden attended the Ellwood’s Hall twilight markets.

23rd November, 2021

Cr Bowden attended a Cycle Tourism forum.

29th November, 2021

Cr Palmer (Deputy Mayor), Cr’s Graham, Nicholson and I attended a “Meet the Candidates” community session in Gundagai.

30th November, 2021

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

Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Sheahan and I attended an end of term dinner.

 


Ordinary Council Meeting Agenda

25 January 2022

 

6.2         Mayoral Minute - Councillor Engagement January, 2022

DOCUMENT NUMBER

364126

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

So as to keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes.

 

Recommendation

The information in the Mayoral Minute be received and noted.

 

10th January, 2022

Cr Bowden (Deputy Mayor), Crs Boyd, Collins, Glover, Graham, Kelly, McAlister, Nicholson and I attended an Extraordinary Meeting of Council.

Cr Bowden (Deputy Mayor), Crs Boyd, Collins, Glover, Graham, Kelly, McAlister, Nicholson and I attended an informal supper as the new Council.

13th January, 2022

Cr Bowden Attended a Cootamundra Development Corporation Board Meeting.

14th January, 2022

I attended Southern Cross Care Cootamundra to inspect the damage caused by an overnight fire to the aged residential care facility. During a discussions with management Council assistance was offered.

18th January, 2022

I attended a meeting with Member for Riverina, the Hon. Michael McCormack, MP.

20th January, 2022

Cr Bowden attended the Arts Centre Cootamundra s355 Committee meeting.

21st January, 2022

Cr Bowden (Deputy Mayor) and I met with Member for Cootamundra, the Hon. Steph Cooke, MP.

 


Ordinary Council Meeting Agenda

25 January 2022

 

7            Reports from Committees

Nil


 

8            General Manager’s Report

8.1        Business

8.1.1      Cootamundra-Gundagai Regional Council and CWP Renewables Voluntary Planning Agreement

DOCUMENT NUMBER

363618

REPORTING OFFICER

Phillip McMurray, 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

 

2. A prosperous and resilient economy: we are innovative and 'open for business'

2.2 Strategic land-use planning is co-ordinated and needs-based

 

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.1 The natural environment is valued and protected

 

 

FINANCIAL IMPLICATIONS

There financial implication associated with this report are detailed within the body of the report.

LEGISLATIVE IMPLICATIONS

The Legislative implications associated with this report are detailed in the body of the report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Voluntary Planning Agreement - CGRC and Jeremiah Wind Farm    

 

Recommendation

The General Manager and Mayor be authorised to sign the Voluntary Planning Agreement between Cootamundra-Gundagai Regional Council and CWP Renewables.

 

 

Introduction

This Report seeks endorsement from Council to enter into the Voluntary Planning Agreement (VPA) with the Jeremiah Wind Farm, as amended.

The VPA establishes the mechanism for collecting and distributing funds for a community enhancement program.

The VPA is an agreement that had been reached between Council and the proponent for the development to provide a monetary contribution each year in the form of a community enhancement program payment to be used to benefit the community impacted by the proposal. The draft VPA was exhibited for a period of 28 days in accordance with 7.5(1) of the Environmental Planning and Assessment Act, 1979 (the Act), and submissions were received and have been considered in this report.

Discussion

Council has been negotiating with CWP Renewables (on behalf of Jeremiah Wind Farm Pty Ltd) to establish terms of a Voluntary Planning Agreement that would form part of the conditions of consent should the development receive approval from Department of Planning, Industry and Environment (DPIE). The mechanism for establishing a community enhancement fund is via a VPA drafted in accordance with Section 7.4 of the Act, and the VPA will establish the terms of reference for the expenditure of funds collected under the agreement.

The Wind Farm (known as the Jeremiah Wind Farm) is proposed to consist of 65 turbines and associated infrastructure and will be located in the Adjungbilly area.

The draft VPA was publicly exhibited September-October 2021, and Council received 11 submissions as summarised in Table 1.

The submissions raised concerns and objections about the administration of the Community Enhancement Fund (CEF), the allocation of funds, objection to the development, and definitions.

Table 1: Public Exhibition – submissions and response

Five (5) submissions received raised the following:

·    There is no justification for the 30% to be allocated to transport asset maintenance

·    The 30% allocation to transport assets was discussed during negotiations due to the importance the network to the agricultural, forestry and extractive industries in the area.

 

Data gathered in regard to the upgrade of the Gobarralong Bridge identified the importance of the road network to the area with use by multiple industries including livestock, cropping,  quarries and forestry, and the ability of industry to increase capacity with improved access to the Hume Highway.

·    The VPA requires definition of "local" and "higher regard". Local projects should always be considered prior to submissions from the wider area.

·    Following discussions regarding possible definitions, it was decided to maintain the wording of the clause, as there may be a project outside of a kilometre radius of Adjungbilly or defined area that would be of direct benefit to the community. 

·    The CGRC Community Donations Policy and Community Donations Procedure shouldn't be used. Different context and "community".

·    Agreed. References to the CGRC Community Donations Policy have been removed from the VPA.

·    There should be a committee with 2 reps from CGRC, JWF delegate, 2 local residents (within 20km of JWF)

·   Agreed that a s355 Committee is an appropriate mechanism for assessing applications for the CEF.

 

Following discussion, the s355 committee is to comprise of:

·    the Mayor and two (2) Councillor delegates

·    the General Manager

·    up to 2 community representatives from the Adjungbilly area who do not own any of the Jeremiah Wind Farm Land

·    One (1) community representatives from the LGA who does not own any of the Jeremiah Wind Farm Land

·    a representative from the Company.

One (1) submission that raised the following:

 

·    The Wind Farm is close to the LGA boundary so local projects should include projects in the vicinity, even if not in the LGA.

·    There are other funds available from the Development for projects in the vicinity, funded outside of the VPA.

·    $3,500 extremely modest. Should be looking at $10,00 per turbine.

·    The amount of $3,500 as negotiated is commensurate with other recent VPAs and wind farm approvals issued by the Department of Planning and Environment.

·    Should be able to apply for multi-year funding projects (otherwise projects are limited in scope/ambition/impact)

·    The VPA allows for the building of a Strategic Fund to develop a single or expensive Local Project if it requires significant upfront or multi-year investment.

·    There should be preference and priority for projects related to safeguarding and enhancing biodiversity.

·    The VPA allows for environmental projects to be considered by the Committee.

One (1) submission comprised of three emails and attachments, which raised:

·    Objections to the development (wind farms and turbines)

·    Increase amounts to the community, to farmers/businesses/families with 10km of the windfarm

·    Ongoing annual payments

·    Payments to be adjusted for CPI

·    Attachment: Clean Energy Council A Guide to benefit sharing options for renewable energy projects

·    Attachment: Save our Surroundings. Wind & Solar Electricity Generation Are The Answer. Seriously?

·    The amount of $3,500 as negotiated is commensurate with other recent VPAs and wind farm approvals issued by the Department of Planning and Environment.

·    Direct payment to landowners is not covered by the VPA

·    The payments in the VPA are adjusted by CPI

·    Issues raised concerning the development and the use of wind turbines to generate energy are not relevant to the VPA. Objections to the development should be raised and considered during the consent process.

Three (3) submissions raised the following;

·    Objection to how CGRC proposed to allocation and administer the CEF.

·    Allocation of the CEF and the administration of the Fund has been discussed above, and the VPA amended to include a Committee.

 

Following the close of the exhibition period, Council representatives met with CWP Renewables to discuss the submissions, and after consideration of the submissions received, the VPA has been amended in response.

The summary of amendments made to the draft VPA in response to submission is as follows:

Section

 

Definitions

Removal of references and definitions of the Community Donations Policy & Procedures.

 

Insertion of Definitions for Committee, Committee Charter.

Section 6.2

Insertion of Section 6.2 The Committee.

Section 6.3

Amendment to remove reference to Community Donations Policy and Procedures.

Section 6.4

Amendment to include references to the Committee and clarify communications with the Company.

Section 6.5

Insertion to include the role of the Committee.

Section 6.6-6.7

Re-numbering.

 

Financial Implications

Should this proposal be granted consent Council can expect to receive $3,500 per turbine per year; the proposal contains 65 turbines in total. The negotiated annual amount for each turbine is indexed annually for the life of the project. This will have positive implications for the community in allowing additional public purpose infrastructure amenities and services.

Legislative Implications

Section 93F of the Act provides that planning agreements may be entered into by a planning authority and a developer (for development proposals or changes to environmental planning instruments) where the developer is required to pay a contribution, dedicate land or provide material benefit which is to be used for a public purpose. A voluntary planning agreement may, but does not necessarily need to, exclude the application of Section 7.11 and Section 7.12. Entering into such an agreement does not oblige the planning authority to grant consent; rather it is a means for obtaining a negotiated public benefit should consent be granted.

Consultation

Council has complied with the public exhibition requirements of the Environmental Planning and Assessment Act, 1979.


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.2      Local Government Remuneration Tribunal Review 2022 Annual Determination

DOCUMENT NUMBER

362406

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

Compliance with S241 of the Local Government Act, 1933.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       2022 Letter to Councils seeking submissions

2.       Local Government Remuneration Tribunal - Annual Report and Determination 2021    

 

Recommendation

Cootamundra-Gundagai Regional Council retain its Rural categorisation.

 

Introduction

Pursuant to Section 241 of the Local Government Act, 1993 (the Act) the Remuneration Tribunal must, not later than 1st May in each year, determine, in each of the categories determined under Section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

Section 239 Categorisation of council and mayoral offices

(1) The Remuneration Tribunal must, at least once every 3 years-

(a)  Determine categories for councils and mayoral offices, and

(b)  Place each council and mayoral office into one of the categories it has determined.

 

(2) The determination of categories by the Remuneration Tribunal is for the purpose of enabling the Remuneration Tribunal to determine the maximum and minimum amounts of fees to be paid to mayors and councillors in each of the categories so determined.

Discussion

On page 8 the Local Government Remuneration Tribunal Annual Report and Determination dated 23rd April 2021, attached to the report, Cootamundra-Gundagai Regional Council is categorised as Rural among 56 other similarly sized councils.

A resolution of Council is required if Council wishes to submit a review of its current categorisation to an alternative categorisation by the Remuneration Tribunal. All submissions must be received by the Local Government Remuneration Tribunal no later than 11th February 2022.


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.3      Committees Requiring Council Representatives.

DOCUMENT NUMBER

364202

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

A Councillor be nominated to the remaining Committees detailed in the report.

 

Introduction

At an Extraordinary Meeting held Tuesday, 10th December, 2022 Council resolved (Min. no. 005/2022)   to fill vacancies created by the dissolution of the former Council on Committees, Section 355 Committees, Advisory Committees and external Boards.

The following Committees, Section 355 Committees, Advisory Committees and external Boards require a council representative or delegate were not included in that report.

 

Committee Name

Delegates or Representatives required

General Managers Review Committee

The Mayor, Deputy Mayor and two (2) Councillors

Illabo to Stockinbingal Inland Rail Community Consultative Committee

Two (2) Staff and one (1) Councillor

Adina Court Board (at their request)

One (1) Councillor

The Riverina Regional Library

Mayor requests one (1) additional Councillor delegate.

 


Ordinary Council Meeting Agenda

25 January 2022

 

8.1.4      Draft Code of Meeting Practice

DOCUMENT NUMBER

362417

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

To comply with Sections 360 and 361 of the Local Government Act, 1993.

POLICY IMPLICATIONS

Code of Meeting Practice is to be in accordance with the Model prescribed by the Office of Local Government.

ATTACHMENTS

1.       Draft Code of Meeting Practice    

 

Recommendation

1.   Council to discuss and select or alter the necessary non-mandatory provisions detailed in the draft Code of Meeting Practice, attached to the report.

2.   The draft Code of Meeting Practice, attached to the report, including any amendments made from 1 above, be placed on public exhibition for a period of not less than 28 days, with members of the community invited to comment on the draft Code for a period of not less than 42 days from the commencement of the public exhibition period.

3.   Following 2 above, a report, including any submissions received, be prepared and submitted to the March 2022 Ordinary Meeting of Council.

 

Introduction

The Office of Local Government have developed and prescribed a new Model Code of Meeting Practice. Cootamundra-Gundagai Regional Council (CGRC) has created a draft Code of Meeting Practice which has been developed using the Model Code.

Discussion

The Model Code incorporates Mandatory provisions prescribed by the Regulations. CGRC’s draft Code of Meeting Practice includes all of these Mandatory provisions. The Model Code also provides non-mandatory provisions, which have also been included within the draft CGRC code.

At the workshop prior to the ordinary council meeting, the General Manager and Councillors are expected to discuss and determine which non-mandatory provisions are to remain, and which are to be removed or altered. All amendments must be made to the draft code prior to it being placed on public exhibition. 

Before adopting a new Code of Meeting Practice, under s361 of the LGA, Council is required to exhibit the draft Code of Meeting Practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft Code.

Should Council resolve to place the draft Code on public exhibition in accordance with the recommendation of this report, it is intended that a subsequent report on the outcomes of the public exhibition be submitted to the Ordinary Council Meeting in March 2022.


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.5      Political Donation and Electoral Expenditure disclosures

DOCUMENT NUMBER

363342

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

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Disclosing Political Donations Fact Sheet    

 

Recommendation

Councillors submit their political donation and electoral expenditure disclosures to the NSW Electoral Commission, as detailed in the report.

 

Introduction

Councillors and mayors elected at the local government elections held 4th December, 2021 must submit political donation and electoral expenditure disclosures to the NSW Electoral Commission periodically for their term in office. The first disclosures must be submitted by 25th February, 2022. 

Discussion

The NSW Electoral Commission Fact Sheet, attached to the report, provides general information on the disclosures due 25 February 2022.

Disclosures of political donations and electoral expenditure

Elected members must submit political donation and electoral expenditure disclosures to the NSW Electoral Commission for the remainder of their term.

There are 3 types of disclosures to submit each year as an elected member: two half-yearly disclosures of political donations made and received and an annual disclosure of electoral expenditure incurred.

In relation to the 2021/22 financial year, an elected member must also submit disclosures in their capacity as a candidate. These being two half-yearly disclosures of political donations made and received and an annual disclosure of electoral expenditure incurred.


 

The relevant periods each disclosure covers and the lodgement periods for disclosures for 2021/2022 are:

Disclosure type

Disclosure period

Disclosure lodgement period

Disclosure due

1st half-yearly political donations disclosure

1 July 2021 to 31 December 2021

1 January 2022 to 25 February 2022

25 February 2022

2nd half-yearly political donations disclosure

1 January 2022 to 30 June 2022

1 July 2022 to 28 July 2022

28 July 2022

Annual electoral expenditure disclosure

1 July 2021 to 30 June 2022

1 July 2022 to 22 September 2022

22 September 2022

If an elected member was the lead candidate of a group of candidates at the local government Elected members must submit the above disclosures not only as a candidate and elected member, but also on behalf of the group.

If no political donations are made or received or no electoral expenditure is incurred, ‘Nil’ disclosure forms must still be submitted.

Disclosures can be made through Funding and Disclosure Online, the NSW Electoral Commission’s secure, accessible and convenient online portal for electoral participants. Link to portal provided below: https://fdonline.elections.nsw.gov.au/NSWECFDCOnline/s/login

Those who do not yet have access can request access today via the following link: https://fdonline.elections.nsw.gov.au/NSWECFDCOnline/s/guestportalrequest

Detailed information about disclosures is available on the NSW Electoral Commission website: https://elections.nsw.gov.au/Funding-and-disclosure/Disclosures

Elected member contact details

Elected members who have not provided the NSW Electoral Commission with up-to-date contact details are requested to do so as soon as possible by emailing fdc@elections.nsw.gov.au.

A current email address and mobile number for each elected member is required so that the NSW Electoral Commission can send notifications about when and how to disclose political donations and electoral expenditure. Elected members who do not comply with disclosure requirements could be penalised, including a fine or prosecution.

More information about electoral funding obligations of elected members can be found on the NSW Electoral Commission website: https://elections.nsw.gov.au/Funding-and-disclosure/

The Electoral Funding Act 2018 can be accessed on the NSW Legislation website: https://legislation.nsw.gov.au/view/html/inforce/current/act-2018-020

Elected members can email the NSW Electoral Commission at fdc@elections.nsw.gov.au if they have any questions.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.6      Australian Local Government Association (ALGA) National General Assembly 2022

DOCUMENT NUMBER

363366

REPORTING OFFICER

Phillip McMurray, 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.       Notification from ALGA in regard to NGA and call for motions

2.       ALGA Discussion Paper

3.       ALGA's 2022 Federal Election Priorities    

 

Recommendation

1.        Motions be presented to the General Manager for consideration.

2.        A further report be prepared and submitted for consideration by Council at the Ordinary Meeting to be held 22nd February, 2022.

 

Introduction

The Australian Local Government Association (ALGA) advocates on behalf of Australia’s 537 councils for funding and policy outcomes that support local governments to deliver better results for their communities.

Each year ALGA holds a National General Assembly (NGA) in Canberra where councils from around the nation discuss current and emerging challenges and opportunities and advocate to the Federal Government on critical issues facing our sector.

Discussion

The motions passed at the NGA inform ALGA’s strategic direction and national advocacy objectives.

The next NGA will be held in Canberra from 19th – 22nd June 2022 and will be an opportunity for ALGA to clearly set and articulate their agenda to a new or returning Federal Government.

The theme for this event will be Partners in Progress, focusing on how partnerships, particularly between the Australian Government and local governments, can tackle the immediate challenges facing communities and help us confidently prepare for the future.

ALGA is now calling for motions to be submitted for the 2022 NGA and are encouraging councils to consider whether there is a strategic issue of national importance that council can bring to this event.

ALGA has prepared the attached discussion paper which covers some of the critical national policy areas that our sector needs to consider now and into the future and will help to prepare a motion.

ALGA has set the following criteria for motions to be submitted:

1.          Be relevant to the work of local government nationally;

2.          Be consistent with the themes of the NGA;

3.          Complement or build on the policy objectives of each states local government association;

4.          Be from a council which is a financial member of their state local government association;

5.          Propose a clear action and outcome; and

6.          Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

 

All motions should have a contact officer, a clear national objective, a summary of the key arguments in support of the motion, and the endorsement of your council. Motions can be lodged online at https://alga.asn.au/ until 11:59pm on Friday 25 March 2022.

ALGA’s 2022 Federal Election Priorities, is attached to the report, and is also available via the following link: https://alga.asn.au/app/uploads/alga-election-priorities_web.pdf

 

Any administrative inquiries can be directed to ALGA by calling 02 6122 9400.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.7      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

DOCUMENT NUMBER

362376

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.       The Art Centre Cootamundra s.355 Committee Meeting Minutes 18 November 2021    

 

Recommendation

The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 18th  November, 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 18th November, 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

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

DOCUMENT NUMBER

362378

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 s.355 Committee Meeting Minutes 25 November 2021    

 

Recommendation

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 25th November, 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 25th November, 2021 are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.9      The Cootamundra Heritage Centre Management S.355 Committee Meeting Minutes

DOCUMENT NUMBER

364273

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 CGRC s.355 Committee Management Manual.

ATTACHMENTS

1.       The Cootamundra Heritage Centre Meeting Minutes 25 October 2021

2.       Cootamundra Heritage Centre Meeting Minutes 6 December 2021    

 

Recommendation

The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 25th October, 2021 and 6th December, 2021, attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held 25th October, 2021, and 6th December, 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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25 January 2022

 

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25 January 2022

 

8.1.10    Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

DOCUMENT NUMBER

363032

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.       Muttama Creek Regeneration Group s.355 Committee Meeting Minutes 11 October 2021    

 

Recommendation

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 11th October, 2021 attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 11th October, 2021 is submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.11    Muttama Hall Management s.355 Committee Meeting Minutes and Membership

DOCUMENT NUMBER

363339

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.       Muttama Hall Management s.355 Committee Annual General Meeting Minutes    

 

Recommendation

1.   The Minutes of the Muttama Hall Management s.355 Committee Annual General Meeting held on 24th November, 2021 attached to the report, be received and noted.

2.   The office bearer and membership of the Muttama Hall Management s.355 Committee as detailed in the report, be endorsed.

3.   The report regarding seeking additional membership be noted.

 

Introduction

The attached Minutes of the Muttama Hall Management s.355 Committee, Annual General Meeting (AGM) held on 24th November, 2021 are submitted for the information of Council.

Membership

The details of office bearers and membership is provided for Council’s consideration, as follows:

Chairperson:                     Sarah Last                                                                 

Secretary:                         TBA                                    Treasurer: TBA

Other Members:               Bill Buckley, Robert Flint, Bart Groen and Faith Morris.

The office bearer positions of Secretary and Treasurer were not decided upon at the AGM. Following the meeting, some people in attendance made the Chairperson aware of community members who could not be at the AGM but are interested in joining committee. These persons have skills suited to the office bearer roles and the purpose of the committee. The committee will discuss the co-opting of additional members at their next meeting in January, 2022. 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.12    Council Meeting Action Report - January 2021

DOCUMENT NUMBER

364271

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.       Council Meeting Action Report    

 

Recommendation

The Council Meeting Action Report be noted.

 

Due to there being no Council in December, 2021, the extended Council Christmas to New Year Closure and staff on leave during January, 2022 The Council Meeting Action Report has not been updated. It has been submitted for the information of the new Council.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.1.13    Information Bulletin - January 2022

DOCUMENT NUMBER

364272

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.       Riverina Eastern Regional Organisation of Councils Board Meeting - Novermber 2021 - Minutes

2.       Riverina Eastern Regional Organisation of Council Annual General Meeting  - 12th November, 2021 - Minutes

3.       Riverina Joint Organisation Board Meeting - 12th November 2021 - Minutes

4.       Gundagai Sewerage Augmentaiton Contract Meeting No. 19 - 15th December 2021 - Minutes

5.       Cootamundra Youth Committee - 6th December 2021 - Minutes

6.       2022 NSW ALGWA Conference Invitation Notice    

 

Recommendation

The Information Bulletin January 2022, and attached documents, 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

25 January 2022

 

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25 January 2022

 

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25 January 2022

 

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25 January 2022

 

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8.2        Finance

8.2.1      Monthly Finance Report for December, 2021

DOCUMENT NUMBER

364179

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

Regular monitoring of Council’s finances will ensure that any issues are identified in a timely manner.

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this report.

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

1.       Consolidated Financial Report 31 Dec 2021

2.       Capital Expenditure Report 31 Dec 2021

3.       Business Units Financial Report 31 Dec 2021    

 

Recommendation

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

 

 

Introduction

The Monthly Finance Report provides Councillors with an update on the current budget status.

Discussion

At this stage of the financial year no major concerns have been identified

 

Some minor adjustments to the current budget may be necessary in conjunction with the Quarterly Budget Review to be considered by at the February Council Meeting.

 

Commencing with the January, 2022 monthly Finance Report, It is intended to provide a summary of Rates Outstanding and Collected, together with a summary of the current status of Government Grants payments due to Council.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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8.2.2      Investment Report - November 2021

DOCUMENT NUMBER

362728

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 November 2021 was $5,913.29, 16% 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 - November 2021    

 

Recommendation

The Investment Report for November, 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 $5,913.29, being 16% over the budget for the month.

 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

 

 

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8.2.3      Investment Report - December 2021

DOCUMENT NUMBER

363741

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 December 2021 was $5,620.52, 10% 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 - December 2021    

 

Recommendation

The Investment Report for December, 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 $5,620.52, being 10% over the budget for the month.

 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.3        Community and Culture

8.3.1      Change to Council Contribution to the Riverinal Regional Library Membership.

DOCUMENT NUMBER

364253

REPORTING OFFICER

Phillip McMurray, 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

 

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

1.2 Public spaces provide for a diversity of activity and strengthen our social connections

 

FINANCIAL IMPLICATIONS

An increase to the RRL contribution of $44,524

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Item 8.3.1 Riverina Regional Library Interim Report - 26th October 2021    

 

Recommendation

1.         The membership for Riverina Regional Library for the term of the next Deed of Agreement being 1st July, 2022 to 30th June, 2025 be endorsed.

2.       The increased financial contribution detailed in the report be allocated in the 2022 – 2023 financial year’s budget.

 

 

Introduction

Historically, the Riverina Regional Library (RRL) has provided library services to approximately 137,845 constituents of 10 local government areas, those being the shires of Bland, Coolamon, Cootamundra-Gundagai, Federation, Greater Hume, Junee, Lockhart, Temora, Snowy Valleys and the City of Wagga Wagga. The service consists of 19 stationary library branches and a mobile library spread over an area of 47,830 sq km (which is around 70% of the total area of Tasmania and 6% of the total area of NSW).

Wagga Wagga City Council resolved to resign its RRL membership in 2021 which takes effect at 1st July, 2022. Item 8.3.1 Riverina Regional Library Interim Report - 26th October 2021, attached to the report, gives background to this.

Discussion

Cootamundra-Gundagai Regional Council has been a member of the RRL for many years. The RRL is recognised as a leader in the delivery of best practice library services and has served the needs of member councils for three decades. Over recent years, a number of modifications have been made to the contribution model under which member councils fund the operations of the RRL, primarily to provide some relief to Wagga Wagga City Council (WWCC) and achieve a more even distribution of contributions.

Unfortunately, despite the modifications made to the contributions model, WWCC resolved as follows:

That Council:

a.   approve the Standalone Wagga Wagga City Library Service Option on expiry of the current RRL Deed of Agreement at 30th June, 2022.

b.   noting if this option is supported no further funds will be requested to undertake the rest of the proposed works in Stage 2 Library Review as the proposed reserve to be established in the Standalone Option will be used to leverage funds for any capital works required from State and Federal funds received.

c.   note that this will result in a revised total estimated expenditure for Library Services for the 2022/23 financial year of $2,603,723, which includes an annual budget allocation commencing in 2022/23 of $112,257 to a new Library Reserve to leverage funds, as noted in b above.

d.   send a letter of thanks and acknowledgement to Riverina Regional Library for the services provided over the past term agreements.

The impact of the withdrawal of WWCC from RRL is significant, as WWCC contributions amounted to 47% of total contributions paid to RRL. The loss of 47% of the RRL revenue base has triggered a major review of RRL operations and the services provided to member councils.

A number of meetings have been held over recent weeks whereby a range of operating models were developed and considered by member council representatives. Following consideration of a number of options, a preferred model has been chosen. The major elements of the preferred model are as follows:

· total contributions from member councils reduce from $3,261,788 in 2021/2022 to $2,184,958 in 2022/2023 (exc WWCC)

· total employment costs reduce from $1,482,740 in 2021/2022 to $937,604 in 2022/2023

· other operating expenses reduced across most budget lines so as to achieve a relatively balanced net operating result based on the reduced member contributions

· service levels and service delivery models amended to reflect reduced operating capacity

· the next Deed of Agreement for be a period of three (3) years commencing 1 July 2022 with a formal review of RRL operations under the revised model be conducted within 18 months of commencement of the agreement.

 

A meeting of the RRL Advisory Committee was held on the 4th November 2021 that recommended a future model that was supported by the remaining members. Coolamon Shire Council had been endorsed as the new Executive Council and Courtney Armstrong from Coolamon had been working hard with the Advisory Committee to come up with the future Budgets.

 

Under the revised operating model, Cootamundra Gundagai Regional Council’s contributions to RRL will be as follows:

21/22 - $202,448

22/23 - $246,971

An increase of $44,524

 

Whilst the increase to Council’s contribution is significant, the benefits gained by Council’s static libraries through membership of RRL are also significant and it is the view of management that membership should be retained. The Riverina Regional Library provides a valuable service to residents of Cootamundra Gundagai Regional Council.

 

The benefits of regional collaboration provides economies of scale that allow Council to provide better services (book numbers, e-resources, programmes, library management system etc) that they could not do individually. The alternative of not having an RRL, would be a significant increase in individual costs to Cootamundra Gundagai Regional Council to maintain a similar service level. Councils have received a significant State Library funding increase over the last three years that approximates to $36,528 per annum in our case. This increase will be absorbed by this funding amount, and careful management of our casual staffing budget, where our permanent staff are managing without whenever possible.

 


Ordinary Council Meeting Agenda

25 January 2022

 

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Ordinary Council Meeting Agenda

25 January 2022

 

8.4        Development, Building and Compliance

8.4.1      Development Applications November and December 2021

DOCUMENT NUMBER

363619

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and related legislation.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

The information on Development Applications approved in November and December 2021 be received and noted.

 

Introduction

The Development Applications Approved in November and December 2021 report is submitted for the information of Council regarding development applications processed.

Discussion

The following development applications were approved by Cootamundra-Gundagai Regional Council in November and December 2021:

APP. NO.

PROPOSED DEVELOPMENT

PROPERTY DESCRIPTION

018.2021.26.001

New Single Dwelling

Lot: 54 DP: 803362, Pinkstone Avenue, Cootamundra

010.2021.181.001

New Alterations and additions to residential

Lot: 6 DP: 200828, Hopewood Road, Jugiong

010.2021.180.001

New Alterations and additions to residential

Lot: 12 DP: 233306, Hanley Lane, Gundagai

010.2021.178.001

New Rear Patio

Lot: 1 DP: 986237, Lewins Lane, Tumblong

010.2021.177.001

Dual Occupancy (Detached) & New Dwelling

Lot: 1 DP: 1093024, O’Hagan Street, Gundagai

010.2021.176.001

Proposed New Pergola and Detached Garage

Lot: 1 DP: 205754, Campbell Street, Cootamundra

010.2021.172.001

Proposed New Swimming Pool

Lot: 16 Sec: A DP: 4840, Betts Street, Cootamundra

010.2021.174.001

New Earthworks

Lot: 5 DP: 793625, Salt Clay Road, Cootamundra

010.2021.173.001

New Single Dwelling

Lot: 21 DP: 1270489, Oliver Selwyn Drive, Cootamundra

010.2021.176.001

Proposed New Pergola and Detached Garage

Lot: 1 DP: 205754, Campbell Street, Cootamundra

010.2021.172.001

Proposed New Swimming Pool

Lot: 16 Sec: A DP: 4840, Betts Street, Cootamundra

010.2021.174.001

New Earthworks

Lot: 5 DP: 793625, Salt Clay Road, Cootamundra

010.2021.173.001

New Single Dwelling

Lot: 21 DP: 1270489, Oliver Selwyn Drive, Cootamundra

010.2021.157.001

New Dwelling with attached Garage

Lot: 2 DP: 960853, Murray Street, Cootamundra

010.2021.165.001

New Shed

Lot: 4 DP: 1122409, Burra Road , Gundagai

010.2021.164.001

New Dwelling House

Lot: 121 DP: 1117007, Moon Street, Gundagai

010.2021.162.001

New Change of Use - Other

Lot: 4 DP: 1083214, Old Cootamundra Road, Cootamundra

010.2021.160.001

New Change of Use - Other

Lot: 9 DP: 1170718, Adams Street, Cootamundra

010.2021.159.001

New Dwelling

Lot: 29 DP: 1270489, Oliver Selwyn Drive, Cootamundra

010.2021.158.001

New Shed

Lot: 2 DP: 580886, Old Cootamundra Road, Cootamundra

010.2021.156.001

New Dwelling

Lot: 57 DP: 751426, Riverview Road, Nangus

010.2021.155.001

New Shed

Lot: 3 DP: 938251, Berthong Street, Cootamundra

010.2021.154.001

New Dwelling House

Lot: 25 DP: 1270489, Keith Taylor Cresent, Cootamundra

010.2021.137.001

New Dwelling

Lot: 57 DP: 1173450, Banjo Patterson Place, Gundagai

010.2021.134.001

New Shed

Lot: 3 DP: 1202121, Salt Clay Road, Cootamundra

010.2021.133.001

New Shed

Lot: 12 DP: 808897, Hurley Street, Cootamundra

010.2021.130.001

New Pool & Retaining wall

Lot: A DP: 958167, Back Brawlin Road, Cootamundra

010.2021.114.001

New Farm buildings

Lot: 2 DP: 430313, Nangus Road, Gundagai

010.2021.85.2

Subdivision Modification

Lot: 33 DP: 1270489, Temora St, Cootamundra

010.2021.198

New Shed

Lot: 4 DP: 1270489, Keith Taylor Cres, Cootamundra

010.2021.193.

Alterations to Shed

Lot: 16 DP: 259786, Inala Pl,

Cootamundra

010.2021.129.2

New Telecommunications and communication fac

Lot: 133 DP: 750978, Nanangroe Rd, Adjungbilly

018.2021.26

New Single Dwelling

Lot: 54 DP: 803362, Pinkstone Ave, Cootamundra

010.2021.185

New Storage Shed

Lot: 3 DP: 1125835, Coolac Rd,

Coolac

010.2021.182

New Shed

Lot: 101 DP: 669230, Thompson St, Cootamundra

010.2021.179

Proposed New Accessible Toilet

Lot: 9 DP: 1170718, Adams St, Cootamundra

010.2021.171

New Shed

Lot: 371 DP: 753601, Pinkerton Rd, Cootamundra

010.2021.169

New Carport and Extension of Existing Verandah

Lot: A DP: 383307, Centenary Ave, Cootamundra

010.2021.164

New Dwelling House

Lot: 121 DP: 1117007, Moon St, Gundagai

010.2021.163

New Alterations and additions to residential

Lot: 2 DP: 25773, Bourke St, Cootamundra

010.2021.149

New Carport

Lot: 4 DP: 808897, Hurley St, Cootamundra

010.2021.143

New Alterations and additions to residential

Lot: 63 DP: 753604, Kilrush Rd, Cootamundra

010.2021.132

New Shed

Lot: 1 DP: 602919, Eagle St, Gundagai

010.2021.107

New Dwelling

Lot: 3 DP: 1112543, Hanley St, Gundagai

 

VALUE OF WORK REPORTED TO THIS MEETING:       $6,860,664.00

(November -$4,670,555.00        December $2,190,109.00)

 

VALUE OF WORK REPORTED YEAR TO DATE:             $38,058,213.00

 

 

THIS TIME LAST YEAR:

 

VALUE OF WORK

November 2020 - $2,012,043.00            December 2020 - $1,176,038.00

 

VALUE OF WORK – YTD 2020-      $10,659,371.00

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

8.5        Regulatory Services

Nil


Ordinary Council Meeting Agenda

25 January 2022

 

8.6        Assets

8.6.1      Progress Report of the Construction of the Gundagai Sewage Treatment Plant and Associated Works

DOCUMENT NUMBER

364012

REPORTING OFFICER

Ganesh Ganeshamoorthy, Manager Assets

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Gundagai Sewerage Augmentation Construction of 3000EP Wastewater Treatment Plant and Associated Works Progress Report

2.       Appendix B Gundagai STP and Pump Station Program- 13 October 2021

3.       Appendix C Gundagai STP Finance Project Financial Summary October 2021    

 

Recommendation

The Progress Report of the Construction of the Gundagai Sewage Treatment Plant and Associated Works, Gundagai Sewerage Augmentation Construction of 3000EP Wastewater Treatment Plant and Associated Works Progress Report,  Appendix B Gundagai STP and Pump Station Program- 13 October 2021  and Appendix C Gundagai STP Finance Project Financial Summary October 2021 attached to the report,  be received and noted.

 

 

Introduction

Construction works are progress to replace the existing Sewage Treatment Plant (STP) at Gundagai, which is a Trickling Filter sewage treatment system, passed its use by date.

The scope of work associated with this project included construction of a 3000 EP (Equivalent Population) sewage treatment plant based on IDEA (Intermittently Decanted Aerated Lagoon) treatment, inlet works, disinfection and used for recycled water for golf course irrigation and Public Irrigation and sludge dewatering facilities.

 

Discussion

Construction of Gundagai Sewage Treatment Plant and associated works commenced in early 2020 has achieved 90% completion of the treatment works. The laying of rising main from two sewage pumping stations (SPS) SPS-G01 (Royal Sewage Pumping Station) and SPS-SG01 (Boys Club Sewage Pumping Station) are completed.  Construction of two sewage pumping station work is in progress and all civil and pipe installation work has been completed at SPS-SG01 (Boys Club Sewage Pumping Station) except for electrical installation.

However, construction of SPS-G01 (Royal Sewage Pumping Station) did not proceed as planned due the unseasonal wet weather and flooding of this site adjoining Morleys Creek due to water release from  Burrunjuck and Blowering dams by Water NSW.

 

Australia’s weather is influenced by many climate drivers. El Nino and La Nina have the strongest influence on year-to-year climate variability for Australia. They are part of a natural cycle known as the El Nino Southern Oscillation (ENSO). La Nina typically means increased rainfall across much of Australia. The Bureau of Meteorology forecast Climate Models suggest the 2021-22 La Nina will persist early in the southern hemisphere through to autumn. La Nina increase the change of above average rainfall across much of northern and eastern Australia during this summer.

The Bureau of Meteorology predicts above average rainfall during spring and summer which is likely to continue beyond summer 2022 up to early spring. Dewater methods are evaluated to proceed with construction of this sewage pumping station.

 

The Gundagai Sewage Treatment Plant has been co-funded by the Federal and State Governments to the following amounts:

Better Building Regions Fund (BBRF) Round 1 Federal Government funds               $3.5M

Safe and Secure Water Program (SSWP) NSW Government funds                                     $10.0M

 

 

 

Grant Funding

 

Project Forecast costs

$18,980,549

 

 

BBRF Funds

 

$3,500,000

 

SSWF Funds

 

$10,000,000

 

Council Contribution

 

 

$5,48,549

 

 

$13,500,000

$13,500,000

 

$18,980,549

 

$18,980,549

 


Ordinary Council Meeting Agenda

25 January 2022

 

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25 January 2022

 

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25 January 2022

 

8.7        Civil Works

8.7.1      January 2022 Rainfall Event

DOCUMENT NUMBER

363755

REPORTING OFFICER

Julie Buckley, Operations Support Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Report on the January, 2022 Rainfall Event be received and noted.

 

Introduction

On Thursday 6th and Friday 7th January, 2022 the Local Government Area experienced heavy rainfall with up to 130mm of rain recorded at the Cootamundra Aerodrome during this period. This has been estimated to have been a one in 50-year rainfall event.

Discussion

While Cootamundra experienced many flooded streets and several properties with backyard inundation, most of the water had drained away within 12 hours. Issues with water draining away in Cootamundra are compounded by the levels of Muttama Creek as when the creek levels are high, stormwater outflow reduced which impacts on the underground network. This causes water to back up into the streets. This is typical of how the stormwater system is designed to cater for such events with surcharge water being carried along the streets themselves.

Water levels in Muttama Creek impacted the causeways in Poole, Thompson and Hovell Streets, Cootamundra with water levels rising significantly making them impassable. The water levels also rose above Adams Street and Temora Road at the Muttama Creek locations. Some water backing up in front of properties in Adams Street was noted in addition to water inundation of backyards along Muttama Creek. The water levels did not affect houses around the Poole and Onley Street, areas.

Numerous rural roads experienced flooding and some surface damage in Wallendbeen and the Yannawah areas northeast of Stockinbingal.  Works crews were out and about after the event and during the Friday to attend to most of the emergency cases with full repairs being undertaken after crews returned to normal work.

Muttama Road was also closed on the evenings of the 6th and 7th January 2022 due to water flowing across the road at Stoney Creek. Works crews maintained road closures at each end of Muttama Road to redirect traffic while the road was impassable.

Roads in the south eastern portion of the Local Government Area were impacted by the event to varying degrees with numerous roads rendered physically impassable due to significant scouring and erosion.  Emergency works were undertaken to ensure that access could be provided for vehicles along Carrs, Darbalara, Hopewood, Gobarralong and Bundarbo Roads. Works on these roads have been undertaken to provide safe and practical access in the short term with long term permanent repair solutions to follow when possible. Other locations that experienced damage from this event included Adjungbilly, Black Andrew, Parsons Creek, Threeways, Sandy Falls and Wee Jasper Roads. Repair works are being undertaken on a priority basis with road users asked to drive to suit the conditions whilst Council crews respond accordingly.

Significant river flows in the Murrumbidgee River again caused the closure of the Otway Street, Gundagai causeway and Tenandra Road Bridge for a number of days.

Council reminds local road users to not be complacent at all times, not just during such weather events.

 


Ordinary Council Meeting Agenda

25 January 2022

 

8.7.2      Civil Works and Technical Services Report - January 2022

DOCUMENT NUMBER

362832

REPORTING OFFICER

Julie Buckley, Operations Support Officer

AUTHORISING OFFICER

Mark Ellis, Manager Civil Works  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Civil Works and Technical Services Report for the month of January, 2022 be received and noted.

 

Introduction

The Civil Works and Technical Services Report for the month of January, 2022 is submitted for the information of Council and the community.

Discussion

Fixing Local Roads Projects:

Works have continued on Edwardstown Road, South Gundagai with drainage and pavement works underway. Crews have experienced challenging conditions due to recent rainfall and unsuitable subgrade material, but it is envisaged that this section will be sealed in February, 2022.

Mackay Street, Cootamundra:

Replacement kerb and gutter was poured between Onley Street and Margaret Street, Cootamundra prior to Christmas.  At the time of writing this report, the next stage of the pavement reconstruction works are planned to commence on Monday, 17th January, 2022. This would then complete the section from Onley Street to Poole Street and free further works up from disruption of the school buses. Replacement of the kerb from Margaret to Parker Street, Cootamundra is also due to commence by the end of January, 2022.

Local Roads and Community Infrastructure Program:

Prior to Christmas the foundations for the widening of the Mackay Street Cootamundra footbridge were completed. Work has now progressed to the placement of the box culverts and new bridge deck and wingwall. Delays encountered in this project were due to unseasonal wet weather and arrangements necessary to have the gas main altered.

 

Drought Communities Program:

Work is nearing completion in Sheridan Street, Gundagai Block 3 with all paving and sealing works now finalised. This work has been staged to ensure the Gundagai Medical Centre continues to operate and Council staff would like to thank the Medical Centre and general public for their understanding to date.

Timber Haulage Road Upgrades:

Works are scheduled to resume in the coming month in the Adjungbilly, Nanangroe and Red Hill areas. This work will involve the widening and rehabilitation of numerous sections of these roads to provide an improved road asset for all users.

Gravel Road Maintenance:

During December, 2021, grading crews were busy grading gravel roads in order to prepare them for harvest traffic. The Cootamundra crews have graded roads in the Stockinbingal/Yannawah areas including Milvale, McCaffery’s, and Corbys Roads as well as roads in the Brawlin area like Rawilla, Wavehill and Brawlin Roads. Others in the Jindalee and Wallendbeen areaa were also attended to, including West Jindalee, Fontenoy and Glenroy Lane.

Gravel resheeting was undertaken on Fontenoy, McCaffery’s and Glenroy Lane.

In the Gundagai area the following maintenance was undertaken on:

-      Tarrabandra Rd (maintenance grade and sections resheeted)

-     Yammatree Rd

-     Hopewood Rd (Gobarralong)

-     Sandy Falls Rd (Coolac Area)

-     Bundarbo Rd (Gobarralong)

-     Parsons Creek Rd (Adjungbilly)

-     Carrs Rd (Darbalara)

-     Hoares Lane (Coolac/Muttama)

 

General Works:

Bitumen shire road patching has continued across the whole Local Government Area (LGA) as required. While some relief has been felt with the drier weather, the underling pavement conditions are still wet which has resulted in pavement failures and surface deterioration.

Grass slashing has been underway across various areas of the LGA with continued unseasonal growth. Areas have included Stockinbingal and Wallendbeen villages, Cootamundra township and the Aerodrome.

Kerb and Gutter replacement has commenced on Hanley Street between West and Bourke Streets, Gundagai.

 

Storm Clean up – 18 December 2021:

On Saturday 18th December, 2021 a wind storm impacted on the LGA area with many trees blown down across a wide area. Cootamundra, Wallendbeen, Muttama and Stockinbingal areas all required assistance from Council crews to remove trees fallen across roads and in the park areas. Council crews continued this work into the week prior to Christmas in order to remove all the prioritised trees but some still remain and will be cleaned up as resources are free. Council is preparing to claim this clean-up work from the Natural Disaster funds subject to approval for the works.


Ordinary Council Meeting Agenda

25 January 2022

 

8.8        Technical Services

8.8.1      Road Closure Tom Street Gundagai

DOCUMENT NUMBER

362882

REPORTING OFFICER

Matt Stubbs, Manager Technical Services

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

1.       Council proceed with intent to close Tom Street between Camphor Lane and Camphor Street in accordance with Part 4, Division 3 of the Roads Act 1993. 

2.       Following the roads closure, the land be classified as operational and made available for purchase by the beneficiary, subject to valuation at time original consent had been granted (1983).

3.       All costs associated with the closure are to be borne by the beneficiary.

 

 

Introduction

The former Gundagai Shire Council provided consent for a dwelling to be constructed in 1983 on Lot 20, Section 27, DP758915. Subsequent investigations have found that the dwelling was constructed within the adjacent Tom Street Council Road Reserve.

This section of Tom Street, between Camphor Lane and Camphor Street, is not currently used by council, nor are there any future needs anticipated at this location.

Under the Roads Act 1993, Council has power to close the public road, with the land to be classified as operational and subsequently sold to the adjoining owner to rectify the current situation.

For probity reasons, the sale would need to be subject to an independent valuation at the time consent was granted.

A site map of the location is found on the following page.

 

Background

Council received an application on the 5th September, 1983 seeking approval for the demolition of an existing dwelling and construction of a new (replacement) dwelling at 22 Camphor Lane Gundagai - Lot 20 Section 27 DP758915. Council granted consent to the proposed development via Building Application No.28/83 dated 6th September, 1983.

The matter of a dwelling being situated in the Tom Street road reserve become known following a recent enquiry to Council.   

A valuation of the subject property was requested however, the property valuer advised the subject dwelling appeared to be within the unformed road reserve which meant the valuation could not take place.

Council was asked to investigate why the property valuer would believe the dwelling was in the road reserve.

Aerial views appear to confirm that it is likely the new dwelling was built in the location on the Tom Street road reserve as shown below; Map

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Discussion

Following investigation it is apparent that Council approved the building of the dwelling without consideration of the property boundaries or alerting the applicant that the proposed dwelling was located within the Tom Street road reserve. Consequently, there is no apparent evidence that appropriate measures were taken to either change the location of the proposed dwelling nor consideration of closing and selling the Tom Street road reserve to the applicant at the time of the application.

This places Council in a unique situation to rectify the situation.

Legal advice provided to Council raised questions to the validity of the consent that “the consent of all owners of land to which a development application relates must be obtained prior to the granting of the Consent”. The authority of the road reserve did not grant their specific consent to the lodgement of the application. The legal advice continues to explain – “The lack of consent from all owners of land to which a development consent relates has the effect of invalidating development approval: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) NSWCA 245”. This therefore would allow Council to issue an order for the demolition of the dwelling from the road reserve, however, Council must consider if this is the best option to resolve the situation.

One would consider at the time of the application that both the applicant and the Council officer both acted in good faith in trying to obtain and issue legal Council approval to the subject dwelling.

Council’s options to resolve the situation include:

·    Issuing an order for the removal of the existing dwelling from the road reserve,

·    Close a section of the Tom Street road reserve and make available for purchase by the beneficiary at a cost the original applicant would have occurred at the time planning approval was granted by Council.

Part 4, Division 3 Section 38A of the Roads Act 1993 No 33 outlines the powers Council has to close a public road. Council may close a council public road if:

the road is not reasonably required as a road for public use (whether for present of future needs), and

·    the road is not required to provide continuity for an existing road network, and

·    if the road provides a means of vehicular access to particular land, another public road provides lawful and reasonably practical vehicular access to that land.

This section of Tom Street provides no current public access and it is not envisaged that this would change into the future. The road reserve is unformed and is not a required link within the road network. The section of road reserve is not necessary for access to any surrounding land, all adjacent lots are accessible through alternate routes that have existing infrastructure in place.

Closing a road requires public notification, with a period of at least 28 days being provided for submissions, following consideration of these submissions, Council may close the road through public notice in the Gazette.

 

 

 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

8.9        Facilities

8.9.1      Facilities Works Report December 2021 to January 2022

DOCUMENT NUMBER

364064

REPORTING OFFICER

Andrew Brock, Manager Facilities

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Facilities Works Report for December, 2021 and January, 2022 to be received and noted.

 

 

Introduction

This report provides a detailed update on works undertaken by the Gundagai Facilities and Parks and Garden Team. The scheduled activities and projects, undertaken for the month of December, 2021 and January, 2022 are included in this report which has been prepared and submitted for the information of Council and the community.

Discussion

Staff prepared the town for Christmas and the influx of visitors for this time of year. Preparation of parks and  general tidy up works were undertaken to the main street gardens and tourist attractions.

Unfortunately, staff have also had to deal with multiple acts of vandalism to Councils’ public toilets over the previous two months. Graffiti, destruction of hand dryers and general senseless acts of destruction. This has led to several complaints by the public, which staff and management responded to quickly.

Staff have been proactive in assisting with the Administration Centre’s refurbishment, which  reduced contractor costs. Works included installation of fencing, removal of debris, helping with relocation of staff between sites and general work. It was great to see teams working together to achieve the same goal and benefit both council and rate payers. The long overdue refurbishment was completed in a short time frame and on a tight budget. This is a credit to the teamwork of staff and contractors working closely together, in delivering this project.

Council has dealt with multiple tree requests throughout the town and villages. Fallen branches after storms attended to and dangerous trees due to borers, age, and disease, were removed. Stump grinding work has also been completed around town.

Future planning and sourcing of stock is currently underway, to continue the street tree master plan plantings. Watering and additional care of the new trees in West Street continues.

Unfortunately, due to mechanical breakdowns, staff were reduced to one mower for a few weeks between two teams. After discussions with our Cootamundra Parks and Gardens team, we were able to share resources with them, while waiting on the urgent parts to arrive. The communication between teams and ability to share resources has had a positive outcome, to what was looking like a dire situation. All machines have now been repaired and work programs are back on track.

Projects for the new year are underway, with development applications submitted, designs completed, and work programs being developed. Specifications are also being completed for quoting/tendering, with the first major project being the new amenities building in Carberry Park in conjunction with the Visitor Information Centre re-development. Facilities has a full program of refurbishments, in both Cootamundra and Gundagai to complete during the 2022 year. All works are funded through grants.

 

  

 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

8.10      Waste, Parks and Recreation

Nil


Ordinary Council Meeting Agenda

25 January 2022

 

9            Motion of which Notice has been Given

9.1         Notice of Motion - Procurement of Weed Spraying Chemicals

DOCUMENT NUMBER

364123

REPORTING OFFICER

Les Boyd, Councillor

AUTHORISING OFFICER

Phillip McMurray, General Manager    

 

The following Notice of Motion signed by Councillor Les Boyd was submitted on 14 January, 2022.

I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 25 January, 2022:

Motion

That the General Manager arrange a workshop for Councillors on Council’s Procurement Policy and Procedures with the workshop to include examples of current procurement procedures and practices, particularly including the purchase of weed spraying chemicals.

 

 

Note from Councillor

Council is a major purchaser in the region and it is important that all local retailers and service providers have an equal opportunity to compete for Council’s business.

As an example, the retail market and cost of chemicals used for weeds spraying is volatile. The cost of chemicals over the previous twelve months has seen some chemical prices triple. However, I understand that there are many local businesses that sell such chemicals that have never had the opportunity to quote to supply chemicals to Council.

I also understand that legislation around procurement for local government is complex, and I believe that both new and retuning Councillors would benefit by the procurement policy and procedures being presented by Council’s procurement staff. The current process for the purchase of chemicals would be a practice example.

To assist the new Council to better understand the legislation around procurement, the current procurement policy, the tender process, and the opportunity for discussion I ask that a workshop for councillors be arranged with Councils Procurement Officer and managers.


Ordinary Council Meeting Agenda

25 January 2022

 

10         Questions with Notice

10.1       Questions With Notice - January 2022

DOCUMENT NUMBER

364215

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

 

Recommendation

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

 

 

Questions with Notice

The following questions with notice from Councillors have been received with the responses from Council officers provided respectively:

Cr Abb McAlister – Please provide an update on the Aerodrome Users Fees. This matter has been  ongoing for several months now and it does not appear to be any closer to being resolved. I feel they need to be resolved and included in the 2022/23 Fees and Charges that will come before Council to consider before the 2022/23 Financial Year.

Response from Council Officer – The last meeting of the Aerodrome Users Advisory Group was held in November, 2021 and a report containing the Minutes of that meeting was submitted for the information of Council at the Ordinary Meeting held 30th November, 2021. The next meeting of the Group is scheduled for 9th March, 2022 and further discussion of user fees will be on the agenda.   

 

Cr Leigh Bowden – Has Council heard further or received notification regarding the Crown Lands funding it was seeking to develop a plan to undertake surveys for the Old Cootamundra Hospital complex?

Response from Council OfficerWork is still to be undertaken regarding feasibility and detailed costing for Crown Lands to consider. There was a substantial amount of works being undertaken last year by the project team however time was not available to put a proposal together for Crown Lands. Council is still liaising with Crown Lands and Member for Cootamundra, The Hon. Steph Cooke, so funding is still, available. Council is seeking  quotes from qualified consultants. With funding secured, Council will commence community consultation upon the building being determined certified for the proposed development.

 

Cr Leigh Bowden – How much overall rent does Council receive for the Old Cootamundra Hospital and is there more space in condition which is suitable to rent?

Response from Council Officer – No rent is currently being received for the space that is in use. This is being investigated with the intention of a lease arrangement being developed for the tenant. In its current state use of the building is limited and there are no funds allocated to undertake any necessary maintenance. Further consideration of areas that could be appropriate to lease will given when a full review has been completed. There are various issues regarding safety that must be addressed prior to any occupation of the building. 

 

 


Ordinary Council Meeting Agenda

25 January 2022

 

11         Confidential Items   

Nil