Business

Paper

Ordinary Council Meeting

Alby Schultz Meeting Centre, Cootamundra

6PM, Tuesday 13th December, 2022

Administration Centres:  1300 459 689

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

REPORTING OFFICER

Teresa Breslin, Acting EA to Mayor and General Manager

AUTHORISING OFFICER

Les McMahon, Interim 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 22 November 2022 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 22 November 2022 be confirmed as a true and correct record of the meeting.

Minutes

Ordinary Council Meeting

Council Chambers, Gundagai

6:00PM, Tuesday 22nd November, 2022

Administration Centres:  1300 459 689

CHAIRPERSON

GENERAL MANAGER

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382099

AUTHORISING OFFICER

Charlie Sheahan, Mayor  

REPORTING OFFICER

Charlie Sheahan, Mayor

ATTACHMENTS

Nil  

Recommendation

The information in the Mayoral Minute be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382557

AUTHORISING OFFICER

Charlie Sheahan, Mayor  

REPORTING OFFICER

Charlie Sheahan, Mayor

ATTACHMENTS

Nil

Recommendation

The Mayoral Minute regarding the unexpected passing of Jeffery Sowiak be noted.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382228

AUTHORISING OFFICER

Charlie Sheahan, Mayor  

REPORTING OFFICER

Charlie Sheahan, Mayor

ATTACHMENTS

1.       Address by Charlie Sheahan at IPWEA Forum ⇩  

Recommendation

A copy of the Mayor’s opening address presented at the IPWEA conference, attached to this Mayoral Minute, be noted.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

380862

REPORTING OFFICER

Teresa Breslin, Acting EA to Mayor and General Manager

AUTHORISING OFFICER

Les McMahon, Interim General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1.   The Ordinary Council Meetings remain on the last Tuesday of the Month from January to November at 6:00pm.

2.   The Workshop Meetings of Council be confirmed as the second and fourth Tuesday of the Month from January to November at 4:00pm.

3.   The Ordinary Council Meeting and Workshop held in December remain on the second Tuesday at 6:00pm.

4.   The Ordinary Meeting scheduled for 25 April 2023, be changed to the third Tuesday to accommodate a public holiday.

5.   The Council Workshop scheduled for 10 January 2023, be changed to 17 January 2023.

6.   The current arrangement of alternating meetings between Cootamundra and Gundagai remain in place for CGRC.

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

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

380624

REPORTING OFFICER

Les McMahon, Interim General Manager

AUTHORISING OFFICER

Les McMahon, Interim General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are financial implications associated with this report and there will be a reduction of Salary costs associated with the Reorganisation of around $200,000.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Proposed Organisational Structure ⇩  

Recommendation

The proposed Organisational Structure, attached to the report, be endorsed.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382173

REPORTING OFFICER

Anne Chamberlain, Acting Governance Officer

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

In accordance with section 406 of the Local Government Act, 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Q1 - Quarterly Progress Report ⇩    

Recommendation

The Delivery Program incorporating the Operational Plan 2022/2023, quarterly progress report, (1^st Quarter July to September), attached to the report, be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

381629

REPORTING OFFICER

Anne Chamberlain, Acting Governance Officer

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       MHMC s.355 Minutes 6 September 2022 ⇩

2.       MHMC s.355 Minutes 4 October 2022 ⇩  

Recommendation

The Minutes of the Muttama Hall Management s.355 Committee Meeting held 6 September 2022 and 4 October 2022, attached to the report, be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

381878

REPORTING OFFICER

Anne Chamberlain, Acting Governance Officer

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       Stockinbingal Ellwood's Hall s.355 Committee Minutes ⇩  

Recommendation

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee meeting held 24 November 2022 attached to the report be, received and noted.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

380605

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

Council to note, review and discuss the action plan developed in response to the Finch Report.

Issue/ Recommendation

Action

1

Review the 2022/23 Operating Budget with a view to improving the operating result in General Fund. The review should also consider the matter raised on page 14 of the Finch Report.

The finance manager has reconciled the restricted cash reserves, updated the carry forward budget and completed the September Quarterly Budget Review.

2

Revisit the Long-Term Financial Plan for all funds to ensure financial sustainability over the longer term, including the adoption of surplus budgets. Consider budget repair strategies as outlined on page 15 of the Finch Report.

The Long-Term Financial Plan will be updated as part of the 2024 Budget preparation. Strategies will be utilised that ensure the long-term financial sustainability of the Council.

3

Revisit budget drafting techniques and processes to incorporate a “zero based” budgeting approach with appropriate input from Managers.

Budget report completed and sent to each manager and presented to Council and in fortnightly managers meeting, planning to start budget in December for 2024

4

Adopt a Reserves policy that ensures a minimum of $3m is available as unrestricted cash to fund working capital requirements before setting aside funds as Internal Restrictions

Unrestricted Assets policy to be updated in February 2023. 

5

Consider rationalising the number of Internal Restrictions to ensure they are fully funded and supported by a Council resolution.

Reserves have been reconciled. Advice to be provided to Council and management around consolidated or abolishing internally restricted reserves. Plant replacement moratorium in effect in 22/23 Financial Year.  Funds moved from plant and building reserve to general fund via Council resolution.

6

Modify the budget reporting framework to ensure that that there is clear disclosure of operating results and remaining estimates by fund, capital budget funding sources and detailed commentary on adverse trends known to management.

QBR report updated to disclose operating results by fund.

7

Consider a fourth quarter budget review report to ensure that Council’s financial position and performance is sound and that the budget for the ensuing year is based on current information.

Not required until June 2023 so not a current priority. QBR template can be used for this report.

8

Establish an appropriate Project Management framework that is best practice, together with a reporting architecture that ensures accountability for budget variances. Projects should not be initiated in the General Ledger unless there is a fully funded budget allocation.

Qld Audit Office released project management guidelines recently that will assist in the development of a framework.

9

Implement annual Performance Reviews for Managers which incorporates KPIs for budget performance.

To commence in January 2023.

10

Ensure that Managers periodically report on their budget outcomes at regular Executive/Manager meetings.

This has been implemented in September 2022.

11

Review and update the existing Investment Policy and consider the appointment of an investment advisor to improve portfolio performance.

This has been implemented with a new policy and report developed and presented to Council. Already have investment advisor, Curve Securities.

12

Consider the effectiveness of the Council’s Finance Committee. If the Committee is to be maintained, Council should adopt a suitable Terms of Reference which complies with accepted meeting practice and reporting and is not in conflict with the Terms of Reference (Charter) of the Audit, Risk and Improvement Committee.

Response provided by ARIC chairman Tony Donoghue, presented to Council at the November 22 meeting.

13

Ensure that the Audit, Risk and Improvement Committee complies with its existing Charter. Implement a review of the Charter to incorporate current legislation, audit standards and the OLG’s proposed Internal Audit and Risk Management Framework The inclusion of clearer guidelines in relation to the overview of financial management and performance should also be considered.

Response provided by ARIC chairman Tony Donoghue, presented to Council at the November 22 meeting.

14

Review the membership of the ARIC to ensure that collectively there is a broad range of skills and experience relevant to the Committee’s responsibilities. Total membership should be an odd number to avoid quorum issues. Although there may be a cost to Council, the appointment of a prequalified Chair should be given serious consideration.

Response provided by ARIC chairman Tony Donoghue, presented to Council at the November 22 meeting.

15

Review all Finance Policies that are overdue for review. Ensure that adopted policies are appropriately implemented across the organisation and that compliance is regularly monitored.

I have met with staff and listed finance policies to be updated, investment policy complete, other policies required are credit card policy, procurement policy, debt recovery policy, concealed water leak policy, hardship policy.

16

Consider introducing a training program for Councillors on the basics of local government accounting and interpretation of financial reports.

Currently not actioned. REROC is looking at providing training that can be accessed by all Councils in the region. Council will investigate suitable training options for staff and Councillors to meet our future needs.

17

Ensure that sufficient resources are provided within the organisation to address the above recommendations.

The resourcing will be developed with the 2024 budget. This process is due to commence in December 2022.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382562

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The Finance Update report, be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

Department

Total YTD

Budget

Budget Remain $

Budget Spent %

Performance

Comments

AERODROME

               46,165

             119,700

               73,535

39

J

ANIMALCONTROL

               73,616

             160,400

               86,784

46

J

ASSETMANAGEMENT

             225,386

             347,700

             122,314

65

J

BUILDINGPROPERTY

             355,518

          1,306,054

             950,536

27

J

CARAVANPARK

                 8,178

               45,400

               37,222

18

J

CEMETERY

             120,377

             358,800

             238,423

30

J

CIVICLEADERSHIP

               71,198

             211,000

             139,802

34

J

COMMUNICATION

               36,585

             157,100

             120,515

21

J

COMMUNITYDONATION

             324,637

             126,399

-            198,238

170

J

COMMUNITYEVENT

               27,590

               62,800

               35,211

43

J

COMMUNITYSERVICE

             113,013

             234,773

             121,760

32

J

COOTASEWER

             445,993

          1,033,900

             587,907

40

J

COOTAWATER

             754,582

          2,581,846

          1,827,264

29

J

CUSTOMERSERVICE

             131,864

             387,000

             255,136

34

J

DEVELOPMENTBUILDING

             658,130

          1,128,200

             470,070

56

J

EMERGENCYSERVICES

             496,179

             956,300

             460,121

48

J

EXECUTIVEOFFICE

             402,572

             712,600

             310,028

56

J

FINANCEMANAGEMENT

             438,120

          1,020,700

             582,580

39

J

GOVERNANCEBUSINESS

               72,156

             233,500

             161,344

31

J

GUNDISEWER

             472,312

             552,900

               80,588

80

J

GUNDIWATER

             190,794

             921,700

             730,906

18

J

HUMANRESOURCE

             132,281

             567,500

             435,219

23

J

INFOTECHNOLOGY

             401,885

             922,100

             520,215

42

J

INTERNALOVERHEADS

             282,628

-        1,259,100

-        1,541,728

-22

K

Finance to Review

INTERNALOVERWS

               89,734

               46,100

-              43,634

195

K

Finance to Review

LANDDEVELOPMENT

                 1,985

                 4,600

                 2,615

43

J

LANDFILLOPERATION

             397,189

          1,411,000

          1,013,811

28

J

LIBRARY

             224,896

             916,872

             691,976

24

J

LOCALRURALROAD

          1,277,560

          5,902,700

          4,625,140

21

J

MUSEUMANDART

               94,074

             229,400

             135,326

41

J

NOXIOUSWEEDS

               64,098

             143,600

               79,502

42

J

OPERATIONS

             452,157

          1,241,700

             789,543

36

J

PARK

             610,322

          1,450,700

             840,378

37

J

PLANT

             133,025

-            274,289

-            407,314

-39

K

Finance to Review

PRIVATEWORKS

             123,328

             183,000

               59,672

50

J

PROCUREMENT

               65,738

             143,200

               77,462

46

J

PUBLICTOILET

             103,038

             258,900

             155,862

36

J

QUARRY

               18,449

             129,400

             110,951

14

J

REGIONALROADS

             588,461

          1,205,700

             617,239

44

J

REGULATORYSERVICE

             103,099

             274,200

             171,101

38

J

RISKMANAGEMENT

             505,167

             382,700

-            122,467

124

J

SALEYARD

               70,378

             315,300

             244,922

22

J

SEWERMANAGEMENT

               21,402

             931,961

             910,559

2

J

SPORTINGGROUND

             106,803

             561,400

             454,597

19

J

SPORTSTADIUM

               28,373

               98,400

               70,027

29

J

STATEROADS

          3,279,361

          2,550,000

-            729,361

42

J

STORMWATER

                        -  

             187,000

             187,000

0

K

Finance to Review

SWIMMINGPOOL

             789,757

          1,286,204

             496,447

34

J

TOURISMECODEVELOP

             160,607

             471,500

             310,893

34

J

TOWNVILLAGESTREET

          1,052,816

          3,040,809

          1,987,994

34

J

TRANSFERSTATION

             197,216

             590,600

             393,384

33

J

VISITORINFORMATION

               71,471

             166,000

               94,529

43

J

WASTECOLLECTION

             205,379

          1,161,900

             956,521

18

J

WATERMANAGEMENT

             485,706

             916,700

             430,994

29

J

WORKHEALTHSAFETY

             458,165

          1,220,000

             761,835

38

J

(blank)

                 6,943

                        -  

-                6,943

100

J

DEPRECIATION

                 4,003

Grand Total

        18,068,456

        40,036,529

        21,968,073

37

J

Asset Class

Total YTD

Current Budget

Budget Remain $

Budget Spent %

Performance

Notes

BRIDGES

       723,494.49

         1,188,939.00

                465,444.51

61%

J

Loan to be finalized to cover this cost

BUILDING

       400,899.87

         1,194,285.00

                793,385.13

34%

J

LAND

          53,957.58

             175,000.00

                121,042.42

31%

J

PLANT

       662,275.90

             718,434.00

                  56,158.10

92%

J

Moratorium on plant purchases

POOLS

            2,646.79

             439,915.00

                437,268.21

1%

K

Review of underspend required

RECREATION

       564,046.44

         2,190,237.00

            1,626,190.56

26%

J

ROADS

       934,923.66

         7,994,887.00

            7,059,963.34

12%

K

Review of underspend required

SEWER

       287,366.46

         3,200,000.00

            2,912,633.54

9%

K

Review of underspend required

STRUCTURE

            2,052.15

         1,128,000.00

            1,125,947.85

0%

K

Review of underspend required

WATER

          33,092.81

         3,395,023.00

            3,361,930.19

1%

K

Review of underspend required

Grand Total

    3,664,756.15

       21,624,720.00

          17,959,963.85

17%

K

Review of underspend required

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382531

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Council’s cash and investment portfolio decreased by $430,122.14 from $23,615,330.40 as at 31^st October 2022 to $23,185,208.26 as at 30^th November 2022.

LEGISLATIVE IMPLICATIONS

Council investments comply fully with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021.

POLICY IMPLICATIONS

Investments comply fully with the Council’s Investment Policy.

ATTACHMENTS

Nil

Recommendation

The report detailing Council Cash and Investments as at 30 November 2022, be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382590

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The Restricted Cash Reconciliation report, be received and noted.

Cootamundra Gundagai Regional Council

Restricted Cash, Cash Equivalents & Investments

Bal 30 June 2022

Transfers To

Transfers From

Bal 30 Nov 2022

Internal Restrictions

Aerodrome Bitumen Resurfacing

165,588

0

0

165,588

Bradman's Birthplace

76,115

336

0

76,452

Cootamundra Caravan Park

130,057

8,389

0

138,445

Development - Land & Buildings

2,359,693

0

0

1,359,693

Employee Leave Entitlements

1,752,000

106,493

0

1,858,493

Financial Assistance Grant

0

0

0

0

Quarries & Pit Restoration

557,351

12,856

0

570,207

Heritage Centre

19,690

2,136

0

21,826

Plant Replacement

2,244,471

1,594,708

(1,640,148)

599,031

Saleyards

18,078

65,854

(70,298)

13,635

Swimming Pool Pump & Equipment

0

0

0

0

Cemetery

44,677

155,679

(108,609)

91,747

Southern Phone

602,536

0

(406)

602,130

Waste Management

2,036,498

2,519,507

(510,213)

4,045,791

 Total Internal

10,006,755

4,465,958

(2,329,675)

9,543,038

Externally Restricted Reserves

Balance 30 June 2022

Transfers to

Transfers from

Balance 30 Nov 2022

Domestic Waste

1,038,570

2,075,369

(2,075,369)

1,038,570

Water Supply

3,713,480

197,549

2,052

3,913,081

Sewerage Service

6,514,473

437,359

17,592

6,969,424

Stormwater Infrastructure Renewal

179,184

127,227

0

306,411

New Council Implementation Fund (2)

0

0

0

0

Developer Contributions

637,380

87,843

(813)

724,410

General Fund Unspent Grants & Contributions

7,449,701

0

0

7,449,701

19,532,789

2,925,346

(2,056,538)

20,401,597

TOTALS

29,539,544

7,391,304

(4,386,213)

29,944,635

Restricted Cash

$29,944,635.31

Cash at 30 November 2022

$23,185,208.26

Unrestricted Balance

($6,759,427.05)

Grant Debtors Outstanding

$493,861

Grants Completed but not Acquitted

$3,177,138

Balance

($3,088,428.05)

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

381875

REPORTING OFFICER

Lauren Eccleston, Tourism and Economic Development Officer

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Remaining grant funding of $153,457.00 from SCF available.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       RTAF Application ⇩

2.       Email to Les McMahon from Dept. Regional NSW regarding Old Mill Status and Transfer ⇩  

Recommendation

1.      The application made to the Regional Tourism Activation Fund (RTAF) in 2021, be received and noted.

2.      Council consider withdrawal from the Regional Tourism Activation Fund.

3.      Council consider utilising the remaining $153,457.00 allocation from the Stronger Communities Fund to masterplan the Old Mill precinct to create a shovel ready project for future funding streams.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382673

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

As detailed in the 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 information on Development Applications approved in November 2022, be received and noted.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382677

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

The proposed development seeks to vary the minimum lot size for the erection of the dwelling house, under the Cootamundra LEP 2013.

ATTACHMENTS

1.       Development Application DA2022/110 - Assessment Report ⇩  

Recommendation

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

·    Application No:   DA2022/110

·    Property:              Lot 269 DP 750619

                               113 Racecourse Lane (currently known as 91 Old Wallendbeen Rd)

                               STOCKINBINGAL  NSW  2594

·    Development:      Dwelling – to erect a three (3) bedroom, brick veneer dwelling, with

                               a colorbond roof.

Conditions:

Approved plans

1.             The development shall be generally in accordance with the supporting documentation, including, but not limited to, the following:

and as modified by any conditions of this consent.

2.            No departure from the approved plans and specifications shall be made unless the prior approval of Council has been obtained in writing.

Compliance with relevant legislation

3.            The development shall be carried out in accordance with the provisions of the Building Code of Australia, Environmental Planning and Assessment Act, 1979 and the regulations made thereunder, in accordance with the plans and specifications approved by Council.

4.            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.

Utilities

5.            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.

Payment of section 7.12 contribution

6.            Prior to the issuing of a construction certificate, a contribution is required towards the provision of public amenities and services, in accordance with the Cootamundra–Gundagai Regional Council Section 7.12 Fixed Developer Consent Levy Contributions Plan 2018.

Onsite Sewerage Management System

7.            Prior to the issuing of a construction certificate, a section 68 approval under the Local Government Act 1993 shall be obtained for the installation of the onsite sewerage management system.

Finished floor level

8.            The finished floor level of the dwelling shall be a minimum of 500 mm above existing ground level.   Prior to the issue of a construction certificate, amended plans shall be lodged with Council, demonstrating that this condition has been met.

Inspection/Certification

9.            Where Cootamundra-Gundagai Regional Council is nominated as the Principal Certifying Authority, the following requirements shall be satisfied before works commence:

§ the Principal Certifying Authority Service Agreement shall be completed and signed by the applicant; and

§ terms and conditions of the Principal Certifying Authority Service Agreement shall be satisfied,

§ a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection shall be given.

Signs

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

§ statement that unauthorised entry to the site is not permitted,

§ 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,

§ the name, address and telephone contact of the Principal Certifying Authority.

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.

Notice of Commencement

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

Builders Toilets

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

Residential Building Work

13.          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

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

§ the name and licence number of the principal contractor, and

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

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

§ the name of the owner-builder and,

§ the number of the owner-builder permit (where required).

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.

Prior to Building Work Commencing

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

A.    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

B.    The person having the benefit of the development consent has:

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

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

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

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

§ 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

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

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

§ notified the principal certifying authority of any such appointment, and

§ 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.

Cut and Fill

15.          The applicant shall ensure that any cut or fill on site is appropriately graded, drained, retained and revegetated.

Siting of Building

16.          The applicant is responsible for ensuring that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

Soil Erosion Control

17.          Site erosion control measures shall be incorporated into site management prior to work commencing. 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.

Restricted Public Access

18.          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.

Works to be undertaken in accordance with the approval

19.          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.

20.       The builder shall maintain on the site, at all times a legible copy of the following:

§ development consent including plans and related documentation,

§ construction certificate including plans, specifications and certificates.

Hours of Construction Site Works

21.          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.

Effluent disposal and plumbing and drainage works

22.          The onsite sewerage management system shall be installed and operated in accordance with the section 68 approval.

23.          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 48 hours before the first inspection. They also must submit a correct Sewer Service Diagram (S.S.D) for all works. The Certificate of Compliance (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 applicant 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.

Construction waste management

24.          Provision shall be made on site for the proper storage 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.

25.          All construction waste shall be removed from the site and disposed of to a licenced waste disposal facility, on a regular basis.

Termite Protection

26.          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.

Stormwater

27.          Stormwater from roof and hard stand areas, as well as any overflow from a tank, is to be discharged clear of the building and septic tank disposal area, and in such a position that it does not cause nuisance to neighbours or erosion.

28.          Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable drainage system.

Water Proofing - Wet Areas

29.          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.

Slab on Ground Construction.

30.          The following points must be complied with: -

§ internal floor level must be a minimum of 225mm above the external finished surface level adjacent to the building

§ 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

Scalding

31.          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.

Smoke Alarms

32.          A smoke alarm system complying with Australian Standard AS3786 Self Contained Smoke Alarms or listed in the Scientific Services Laboratory (SSL) Register of Accredited Products - Fire Protection Equipment shall be installed.   The smoke alarm system must be connected to the mains electrical power supply and must have a standby (battery backup) power supply, and where there is more than one smoke alarm installed, all alarms must be interconnected.

Occupation of Building

33.          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.

Compliance Certificates

34.          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.

BASIX

35.          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.

Property Identification

36.          The property shall be known as 113 Racecourse Lane, Stockinbingal.

37.          A rural addressing number shall being affixed to the fence adjacent the property entrance, prior to the issuing of an occupation certificate. 

REASONS FOR THE CONDITIONS:

§ To achieve the objectives of section 1.3 of the Environmental Planning and Assessment Act 1979, having regard to the relevant matters for consideration contained in section 4.15 of the Act and the Environmental Planning Instruments applying to the land.

§ To ensure compliance with the Building Code of Australia, to enable the achievement and maintenance of acceptable standards of structural sufficiency, safety, health and amenity, for the benefit of the community now and in the future.

§ To confirm the details of the application and plans submitted by the Applicant.

§ To ensure compliance with relevant planning controls.

§ To ensure that appropriate environmental protection measures are in place.

§ To ensure the development complies with the requirements of Council policies.

§ To ensure that works do not interfere with reasonable amenity expectations of residents and the community.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382685

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Council will receive $149,600 and contribute $37,400 funded from the unrestricted funds.

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

That Council;

1. Endorse the signing of the Funding Agreement, and

2. Commit $37,400 to the project.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

381685

REPORTING OFFICER

Julie Buckley, Operations Support Officer

AUTHORISING OFFICER

Mark Ellis, Manager Civil Works  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

That the Civil Works and Technical Services Report for the month of November 2022 be noted.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382873

REPORTING OFFICER

Stephen Targett, Acting Manager Technical Services

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Roads to Recovery funding of $950,630.

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 allocation of the 2022/2023 Roads to Recovery funding of $950,630 be endorsed by council, split between the projects detailed in the body of this report.

Road Name

Works Description

Location

Council Funds (Roads to Recovery)

Total Funded Project cost

(including R2R)

West and Punch Street Intersection

Reconstruction

Gundagai

$  180,500.00

$  361,000.00

Darbalara Road

Pavement Rehabilitation

Darbalara

$  150,078.00

$  150,078.00

Threeways Road

Heavy Patching

Adjungbilly

$  86,052.00

$  304,922.00

Regional Roads

Heavy Patching

Varies

$  100,000.00

$  992,000.00

Cooper Lane

Reconstruction

Cootamundra

$  100,000.00

$  387,500.00

Warralong Road

Reconstruction

Cootamundra

$  100,000.00

$  287,500.00

Brawlin Springs Road

Reconstruction (Stage 1)

Burra Creek

$  70,000.00

$  227,500.00

Brawlin Springs Road

Reconstruction (Stage 2)

Burra Creek

$  28,500.00

$ 330,000.00

French Street

Reconstruction

Cootamundra

$  30,000.00

$  217,500.00

Salt Clay Lane

Reconstruction

Cootamundra

$  75,000.00

$  300,000.00

Old Gundagai Road

Reconstruction

Cootamundra

$  30,500.00

$  305,000.00

Total

$950,630

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382875

REPORTING OFFICER

Stephen Targett, Acting Manager Technical Services

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1.       Council review the Crown Road closures proposed by Crown Lands NSW.

2.       Council endorse the commencement of a Crown Lands transfer, for the identified portion of Mantons Road, currently maintained by council.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382878

REPORTING OFFICER

Stephen Targett, Acting Manager Technical Services

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Fixing Local Roads pothole repair funding of $473,892.81.

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

Council endorses acceptance of the Fixing Local Roads Pothole Repair funding deed totalling $473,892.81.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382881

REPORTING OFFICER

Stephen Targett, Acting Manager Technical Services

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

Positive funding of $1 million provided by TfNSW towards the project.

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

Council endorse acceptance of the Annie Pyers Drive funding deed totalling $1 million dollars.

Ordinary Council Meeting Agenda

13 December 2022

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382560

REPORTING OFFICER

Teresa Breslin, Acting EA to Mayor and General Manager

AUTHORISING OFFICER

Les McMahon, Interim General Manager  

Recommendation

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

Cr Abb McAlister – I would like to discuss the construction of the new helipad intended for Gundagai.

Response from Deputy General Manager - Operations – SES has secured local contractors and materials to construct the helipad at no cost to council. The proposed site is owned by Crown land and the normal legislative process will apply.  

Cr Les Boyd – What can council do about some of the mess accumulating on the verges of some properties in Cootamundra. Old cars etc one area is the northern end of Hovell street.

Response from Acting Deputy General Manager – Certainly Council can take action against residents for blocking walkways and for also standing motor vehicles on the footpath, usually this parking issue would be dealt with by Police, but we can instigate proceedings.

In most circumstances Council relies on complaints about these issues rather than actively pursuing the matters with a complainant.  In this instance I have taken Councillors Boyd’s query as a complaint and our Ranger has taken steps to advise residents to remove vehicles etc from the footpath.

Ordinary Council Meeting Agenda

13 December 2022

DOCUMENT NUMBER

382598

REPORTING OFFICER

Teresa Breslin, Acting EA to Mayor and General Manager

AUTHORISING OFFICER

Les McMahon, Interim General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To facilitate compliance with sections 10 and 11 of the Local Government Act 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

RECOMMENDATION

1.       Items 11.2 and 11.3 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed.

2.       In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Items 11.2 and 11.3 be withheld from the press and public.

11.2       EPA V CGRC Court Case - Leachate at Cootamundra Sewage Treatment Plant

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

N/A.

11.3       Appointment of Interim General Manager

Provisions for Confidentiality

Section 10A (2) (f)  – The Confidential Report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

Public Interest

Not applicable..