Business Paper   Ordinary Council Meeting   Council Chambers, Gundagai   6:00PM, Tuesday 28th March, 2023   Administration Centres:  1300 459 689

 

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

 

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, 28th March, 2023 at 6:00PM

The agenda for the meeting is enclosed.

Steve McGrath

Interim 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

28 March 2023

 

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 28 February 2023. 6

6          Mayoral Minutes. 21

6.1            Mayoral Minute - Councillor Engagement 21

7          Reports from Committees. 25

8          General Manager’s Report. 25

8.1            General Manager Office. 26

8.1.1        Rural and Regional Summit Summary. 26

8.2            Business. 30

8.2.1        Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes  30

8.2.2        Coota Beach Volleyball Event Report 33

8.3            Finance. 48

8.3.1        Investment Report - February 2023. 48

8.3.2        Finance Update - Operational and Capital Income & Expenditure. 53

8.3.3        Restricted Cash Reconciliation. 56

8.4            Sustainable Development. 58

8.4.1        Development Applications Approved February 2023. 58

8.4.2        Managing Conflict of Interest: Council-related Development Policy. 60

8.5            Engineering Cootamundra. 81

8.5.1        Cootamundra Floodplain Risk Management Committee Meeting - Minutes 13 February 2023. 81

8.5.2        CGRC Engineering Report - March 2023. 87

8.6            Engineering Gundagai 89

8.6.1        Tender - RFT2023/1 - Sheridan St Block 3 (Stage 2) 89

8.7            Regional Services Gundagai 91

8.8            Regional Services Cootamundra. 91

9          Motion of which Notice has been Given. 92

9.1            Notice of Motion - Muttama Creek. 92

10       Questions with Notice. 93

10.1          Questions With Notice. 93

11       Confidential Items. 94

11.1          Closed Council Report 94

11.2          Reno Road Potential Acqusition. 94

11.3          Resumption of Open Council Meeting. 94

11.4          Announcement of Closed Council Resolutions. 94

 

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

28 March 2023

 

5            Confirmation of Minutes

REPORTING OFFICER	Teresa Breslin, Acting EA to Mayor and General Manager
AUTHORISING OFFICER	Steve McGrath, 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 28 February 2023

 

Recommendation The Minutes of the Ordinary Meeting of Council held on Tuesday 28 February 2023 be confirmed as a true and correct record of the meeting.

 

 

 

Minutes Ordinary Council Meeting   Alby Schultz meeting Centre, Cootamundra   6:00PM, Tuesday 28th February, 2023   Administration Centres:  1300 459 689

 

 

Ordinary Council Meeting Minutes

28 February 2023

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz meeting Centre, Cootamundra
ON Tuesday, 28 February 2023 AT 6:00PM

 

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

IN ATTENDANCE:     Steve McGrath (Interim General Manager), Paul Woods (Interim Deputy General Manager - CCD), Matt Stubbs (Deputy General Manager - Operations), Linda Wiles (Manager Business), Zac Mahon (Manager Finance), Mark Ellis (Manager Civil Works), Stephen Targett (Acting 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.

Adjourn Meeting For Open Forum

Resolution  021/2023   Moved:       Cr Trevor Glover Seconded:   Cr Penny Nicholson Council adjourn for Open Forum. Carried

2            Open Forum

List of Speakers

1.      Nina Piotrowicz  – Item 7.1 Minutes of Local Traffic Committee

– Item 8.1.5 Delivery Program/ Operational Plan Progress Report

Submission for open forum received by Nina Piotrowicz, and was read out by the Mayor during Open Forum.

Resume Open Meeting

Resolution  022/2023   Moved:       Cr Leigh Bowden Seconded:   Cr David Graham Council resume the Open Meeting. Carried

 

3            Apologies

Cr Les Boyd was not present at the meeting.

4            Disclosures of Interest

Nil

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 24 January 2023

Resolution  023/2023   Moved:       Cr Leigh Bowden Seconded:   Cr David Graham The Minutes of the Ordinary Meeting of Council held on Tuesday 24 January 2023 be confirmed as a true and correct record of the meeting. Carried

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement

Resolution  024/2023   Moved:       Cr David Graham Seconded:   Cr Trevor Glover The information in the Mayoral Minute be received and noted. Carried

 

6.2         Mayoral Minute - Congratulations to OAM recipients

Resolution  025/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Trevor Glover Council acknowledge and congratulate the following recipients of the Order of Australia (OAM) from the Cootamundra-Gundagai Regional Council area: 1.   Mr Brian Joseph O’Malley; and 2.   Mr Dennis Thomas Palmer. Carried

 

7            Reports from Committees

7.1         Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 9 February 2023

Recommendation 1.      The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 9 February 2023, attached to the report, be received and noted. 2.      Council consider the recommendations detailed in the report, and contained within the Minutes.

Amendment Moved:       Cr Leigh Bowden Seconded:   Cr Penny Nicholson The recommendation listed in the Minutes at General Business item 2.7 dot point 1 be withdrawn, and refereed back to the committee.

Resolution  026/2023   Moved:       Cr Logan Collins Seconded:   Cr Abb McAlister 1.             The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 9 February 2023, attached to the report, be received and noted. 2.             The recommendation listed in the Minutes at General Business item 2.7 dot point 1 be withdrawn, and refereed back to the committee. 3.             Council resolve the remaining recommendations detailed in the report, and contained within the Minutes. Carried

8            General Manager’s Report

8.1         Business

8.1.1      NSW ALGWA Conference 2023

Resolution  027/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Abb McAlister 1.   The Australian Local Government Women’s Association (ALGWA) NSW program attached to the report, be received and noted. 2.   Council support Cr Bowden, Cr Nicholson and maximum of two (2) interested Council staff, to attend the ALGWA NSW Conference in 2023. Carried

 

8.1.2      National General Assembly 2023

Resolution  028/2023   Moved:       Cr David Graham Seconded:   Cr Abb McAlister 1.      The attendance of the Mayor and Interim General Manager at the 2023 National General Assembly in June, 2023 be endorsed. 2.      Registration for each attendee be finalised before 19 May, 2023 to receive the early bird rate of $895 per attendee. 3.      The attendance of the Deputy Mayor at the 2023 Regional Cooperation and Development Forum with a registration fee of $425 be endorsed. 4.      The Motion listed below, and detailed in the late report, be endorsed and submitted to ALGA by 24 March 2023: “This National General Assembly calls on the Australian Government to fast track overseas trained doctors to the regions.” Carried

 

8.1.3      Community Donations Policy

Resolution  029/2023   Moved:       Cr Trevor Glover Seconded:   Cr David Graham 1.           Council place the reviewed draft Community Donations Policy, attached to the report, on public exhibition for a period of not less than 28 days. 2.           The Policy be adopted under delegation should there be no submissions that warrant significant changes to the Policy. 3.           The appropriate provision for the budgeting and funding of $30,000 to the Community Donations program be included in the 2023/2024 Operational Plan. Carried

 

8.1.4      Tabling of Pecuniary Interest Returns - Mayor and New Designated Person

Resolution  030/2023   Moved:       Cr Logan Collins Seconded:   Cr David Graham The tabling of a pecuniary interest returns from Mayor and new designated person be noted. Carried

 

 

 

8.1.5      Delivery Program/ Operational Plan Quarterly Progress Report

Resolution  031/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Logan Collins The Delivery Program incorporating the Operational Plan 2022/2023, quarterly progress report, (2nd Quarter October to December), attached to the report, be received and noted. Carried

 

8.1.6      ARIC Recommendation - CGRC Policy Register review

Resolution  032/2023   Moved:       Cr Trevor Glover Seconded:   Cr Leigh Bowden The Policy Schedule, attached to the report, be received and noted. Carried

 

8.1.7      Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes

Resolution  033/2023   Moved:       Cr Penny Nicholson Seconded:   Cr Logan Collins The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Meetings held 5 December 2022 and 6 February 2023, attached to the report, be received and noted. Carried

 

8.1.8      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution  034/2023   Moved:       Cr Gil Kelly Seconded:   Cr Leigh Bowden 1.             The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 12 December 2022, attached to the report be, received and noted. 2.             The Muttama Creek Regeneration Group reword the flood planning committee paragraph in the Minutes to accurately reflect the current situation. Carried

 

 

 

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

Resolution  035/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Trevor Glover The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee meeting held 9 February 2023 attached to the report be, received and noted. Carried

8.2         Finance

8.2.1      Credit Card Policy

Resolution  036/2023   Moved:       Cr David Graham Seconded:   Cr Logan Collins The draft Credit Card Policy, attached to the report, be adopted. Carried

 

8.2.2      December 2022 Quarterly Budget Review Statement

Resolution  037/2023   Moved:       Cr Trevor Glover Seconded:   Cr Logan Collins 1.   The December 2022 Quarterly Budget Review be received and noted. 2.   The budget variations listed in the report be adopted. Carried

 

8.2.3      Restricted Cash Reconciliation

Resolution  038/2023   Moved:       Cr David Graham Seconded:   Cr Trevor Glover The Restricted Cash Reconciliation report, be received and noted. Carried

 

 

 

8.2.4      Finance Update - Capital and Operational Income & Expenditure

Resolution  039/2023   Moved:       Cr David Graham Seconded:   Cr Penny Nicholson 1.             The Finance Update report, be received and noted. 2.             Council separate its Water, Sewer and Waste income expenditure and reserves in preparation for the demerger. Carried

 

8.2.5      Investment Report - January 2023

Resolution  040/2023   Moved:       Cr David Graham Seconded:   Cr Trevor Glover The report detailing Council Cash and Investments as at 31 January 2023, be received and noted. Carried

8.3         Community and Culture

8.3.1      Old Mill Project

Motion   Moved:       Cr Abb McAlister Seconded:   Cr David Graham 1.       Council withdraw from the Regional Tourism Activation Fund (RTAF). 2.       Council utilise funds of $153,457.00 allocated to the Old Mill project from the Stronger Communities Fund to masterplan the Old Mill precinct.

The mover indicated that it was preferred that each item be considered separately, and withdrew the motion.

Resolution  041/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Penny Nicholson Council withdraw from the Regional Tourism Activation Fund (RTAF). VOTING RECORD FOR RESOLUTION AGAINST RESOLUTION Cr Charlie Sheahan (Mayor) Cr Leigh Bowden Cr Logan Collins Cr Trevor Glover Cr Gil Kelly Cr David Graham Cr Abb McAlister Cr Penny Nicholson ABSENT DECLARED INTEREST Cr Les Boyd Nil Carried

Resolution  042/2023   Moved:       Cr Trevor Glover Seconded:   Cr David Graham Council utilise funds of $153,457.00 allocated to the Old Mill project from the Stronger Communities Fund to masterplan the Old Mill precinct. Carried

 

8.3.2      Gundagai Tourism Action Group (Advisory Committee) Monday 6th February 2023 - Minutes

Resolution  043/2023   Moved:       Cr David Graham Seconded:   Cr Abb McAlister 1.   The Minutes of the Gundagai Tourism Advisory Group meeting held Monday 6th February 2023, attached to the report, be noted. 2.   Council note the planned 6-month break of the committee. Carried

8.4         Development, Building and Compliance

8.4.1      Development Applications Approved January 2023

Resolution  044/2023   Moved:       Cr Logan Collins Seconded:   Cr Abb McAlister The information on Development Applications approved in January 2023, be received and noted. Carried

 

8.5         Regulatory Services

Nil

8.6         Assets

8.6.1      Nangus Water Options Report

Resolution  045/2023   Moved:       Cr Abb McAlister Seconded:   Cr David Graham Following completion of the flood study for Nangus village and allocation of funding, work proceed on detailed design and economic analysis of alternate options presented within the BIDS Construction report. Carried

 

8.6.2      Gundagai Sewage Treatment Plant Replacement Project - Progress Report

Resolution  046/2023   Moved:       Cr Penny Nicholson Seconded:   Cr David Graham The progress report on the Gundagai Sewage Treatment Plant Replacement Project, be noted. Carried

8.7         Civil Works

8.7.1      Civil Works and Technical Services Report - February 2023

Resolution  047/2023   Moved:       Cr David Graham Seconded:   Cr Leigh Bowden The Civil Works and Technical Services Report for the month of February 2023 be noted. Carried

 

8.8         Technical Services

8.8.1      Additional Fixing Local Roads Funding

Resolution  048/2023   Moved:       Cr Leigh Bowden Seconded:   Cr Gil Kelly 1.       Council endorses the acceptance of the Regional and Local Roads Repair Program funding deed totalling $2,491,307 for pavement maintenance across the council region. This is in addition to the $473,892 already funded under this program. 2.       Council endorses the acceptance of the Fixing Local Roads Funding Deed for a full rehabilitation of 0.6km of Hovell Street, Cootamundra totalling $1,804,120. Carried

 

8.8.2      Plant Replacement Program 23-24

Resolution  049/2023   Moved:       Cr David Graham Seconded:   Cr Trevor Glover 1.       Council endorses the plant budget of $2,265,523 for the 23-24 financial year, for inclusion in the 23-24 financial budget, when presented at a future council meeting. 2.       Council endorses the raising of purchase orders for plant items detailed in this report, up to $1,630,000 due to the extended delay between ordering and delivery. Carried

 

At 6:51pm, Cr Logan Collins left the meeting.

At 6:54 pm, Cr Logan Collins returned to the meeting.

8.9         Facilities

8.9.1      Sale of Gundagai Pre-School

Resolution  050/2023   Moved:       Cr Penny Nicholson Seconded:   Cr David Graham 1.             The report be tabled and placed on public exhibition for an adequate period, to facilitate community consultation and obtain community feedback. 2.             A further report be presented to council after adequate community consultation has been conducted.  Carried

 

8.9.2      Gundagai Visitor Information Centre Update

Resolution  051/2023   Moved:       Cr Penny Nicholson Seconded:   Cr Logan Collins The report on the Gundagai Visitor Information Centre Project, presented to Council and the Public, be received and noted. Carried

 

8.10       Waste, Parks and Recreation

8.10.1    Waste, Parks & Recreation Divisional Monthly Operations Report to Council

Resolution  052/2023   Moved:       Cr Abb McAlister Seconded:   Cr David Graham The Waste, Parks & Recreation Division’s Monthly Works Report be received and noted. Carried

 

8.10.2    Draft Regional Waste Management & Resource Recovery Strategy 2022-2027

Resolution  053/2023   Moved:       Cr Leigh Bowden Seconded:   Cr David Graham 1.   Council receive and note the Draft Regional Waste Management and Resource Recovery Strategy 2022-2027. 2.   Where considered appropriate, councillors are invited to submit comments in writing to the Manager Waste, Parks & Recreation by the 14th March 2023. 3.   Comments received are to be reported back to the March Council Meeting for ratification prior to going to REROC for consideration. Carried

 

8.10.3    Revised Land and Environmental Management Plan (LEMP) for Cootamundra Landfill

Resolution  054/2023   Moved:       Cr Gil Kelly Seconded:   Cr Logan Collins 1.   The Land and Environmental Management Plan Supplementary Report, attached to the report, be adopted. 2.   The Land and Environmental Management Plan Supplementary Report be submitted to the EPA for attachment to the existing Land and Environmental Management Plan. Carried

 

9            Motion of which Notice has been Given

9.1         Notice of Motion - Business Case for Transfer Stations

Resolution  055/2023   Moved:       Cr Trevor Glover Seconded:   Cr Logan Collins 1.      To prepare a business case for council to operate the transfer stations within CGRC. 2.      To investigate the addition of Adjungbilly into the waste system. 3.      Business Case to include waste from the Dog on the Tucker Box and any other waste that CGRC is responsible for. 4.      Business Case to include Stockinbingal and Wallendbeen if the current “open tips” are closed. 5.      Business case be presented to Council by the October 2023 Council Meeting. Carried

 

9.2         Notice of Motion - Signage at Muttama Transfer Station

Resolution  056/2023   Moved:       Cr Trevor Glover Seconded:   Cr Penny Nicholson That ‘how to exit signs’ are installed inside all CGRC transfer stations, to explain exit process for when gates unexpectedly close. Carried

 

10          Questions with Notice

10.1       Questions with Notice

Resolution  057/2023   Moved:       Cr Penny Nicholson Seconded:   Cr David Graham 1.   The Questions with Notice from Councillors and related responses from Council officers be noted. 2.   The 2022 Delivery Program activity 2.1f(1) be amended to reflect the draft version submitted to council. Carried

 

 

11          Confidential Items  

Nil

 

The Meeting closed at 7:27pm.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 28 March 2023.

 

CHAIRPERSON	GENERAL MANAGER

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

6            Mayoral Minutes

DOCUMENT NUMBER	387275
AUTHORISING OFFICER	Charlie Sheahan, Mayor
REPORTING OFFICER	Charlie Sheahan, Mayor
ATTACHMENTS	Nil

 

To keep the community aware of Councillor and my engagements, on behalf of Council I intend to provide regular updates through my Mayoral Minutes.

Recommendation The information in the Councillor Engagements Mayoral Minute be received and noted.

 

9 February 2023

Cr Collins attended a Local Area Traffic Committee meeting.

14 February 2023

Cr Collins attended a Local Rescue Committee meeting.

Cr Collins attended a Local Emergency Management Committee meeting.

16 February 2023

Cr Collins attended the Riverina Murray Transport Plan consultation meeting.

22 February 2023

Cr Glover attended the Muttama Hall s.355 Committee meeting.

27 February 2022

I, Cr Charlie Sheahan Mayor attended a meeting with the Interim General Manager and Inspector Nadine Roberts, OIC for CGRC.

28 February 2023

Cr Bowden (Deputy Mayor) and I attended a meeting with the Interim General Manager and Deputy GMs.

Crs Bowden, Collins, Graham, Glover, Kelly, McAlister, Nicholson, and I attended a Workshop and Council Meeting in Cootamundra.

I, Cr Charlie Sheahan Mayor attended a meeting with the Interim General Manager and Simon Sutherland from Business Cootamundra regarding the Coota Beach Volleyball.

1 March 2023

Cr Bowden attended a Business Cootamundra Board meeting.

2 March 2023

Cr Bowden attended the Welcome at Inland Rail Meet the Contractors event.

3 March 2023

I, Cr Charlie Sheahan Mayor attended a meeting with the Interim General Manager and Rodeo group.

4 March 2023

I, Cr Charlie Sheahan Mayor attended the Official Opening of the Cootamundra RSL Sub-Branch Veterans Drop-In Centre.

5 March 2023

Cr Bowden attended the Young Crisis Accommodation Centre Ladies Lunch.

7 March 2023

Cr Bowden (Deputy Mayor) and I attended a meeting with the Interim General Manager and Deputy GMs.

Cr Glover attended an Audit, Risk and Improvement Committee meeting in Cootamundra.

8 March 2023

Cr Bowden attended the Business Cootamundra International Women’s Day Celebration.

I, Cr Charlie Sheahan Mayor attended the Hovell Street funding announcement with Steph Cooke.

10 March 2023

I, Cr Charlie Sheahan Mayor attended the REROC Executive meeting.

11 March 2023

Cr Bowden attended the Bush Dance at Ellwood’s Hall.

14 March 2023

Cr Bowden (Deputy Mayor) and I attended a meeting with the Interim General Manager and Deputy GMs.

Crs Graham, Glover, McAlister, Nicholson, and I attended a Workshop in Gundagai.

Cr Bowden attended a Cootamundra Aboriginal Working Party meeting.

15 March 2023

I, Cr Charlie Sheahan Mayor attended a meeting with the Interim General Manager and Essential Energy.

Cr Glover Chaired the Annual General Meeting for the U3A, Cootamundra group and gave a presentation titled “Tools of the Trade”.

Cr Bowden attended the Wallendbeen Hall s.355 Committee AGM.

21 March 2023

Cr Bowden (Deputy Mayor) and I attended a meeting with the Interim General Manager and Deputy GMs.

23 March 2023

Cr Bowden attended an Ellwood’s Hall s.355 Committee meeting.

25 March 2023

Cr Bowden attended the Business Cootamundra Festival of Lights.

 

7            Reports from Committees

Nil

8            General Manager’s Report

Ordinary Council Meeting Agenda

28 March 2023

 

8.1        General Manager Office

DOCUMENT NUMBER	386876
REPORTING OFFICER	Teresa Breslin, Acting EA to Mayor and General Manager
AUTHORISING OFFICER	Steve McGrath, Interim General Manager
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.4 Recognised as a premier local government Council that represents and advocates for community needs
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 Rural and Regional Summit and Country Mayors Association meeting summary report, be received and noted.

 

Introduction

On February 20, 2023, Local Government NSW hosted the inaugural Rural and Regional Summit for mayors, councillors and general managers from the regions to discuss the issues that are of concern to them. It was instigated by LGNSW President, Cr Darriea Turley, a councillor from Broken Hill, who understands the issues in the regions and the need for rural and regional local government personnel to meet together to discuss them.

Cr Charlie Sheahan, Cr Leigh Bowden, Cr Trevor Glover and GM Steve McGrath attended from Cootamundra-Gundagai Regional Council (CGRC). This report has been prepared utilising the combined efforts of Crs Sheahan, Bowden and Glover.

Discussion

Twenty-one (21) presenters discussed an array of topics that included: the housing crisis, rural health, mental health, resilience and what our regional communities really need?

In addition, there were presentations by the major NSW political parties in the run up to the State Election on March 25. These included:

·    the NSW Deputy Premier, Paul Toole

·    the Minister for Women, Regional Health and Mental Health, Bronnie Taylor

·    the Minister for Regional Transport and Roads, Sam Farraway

·    the Member for Wagga Wagga, Dr Joe McGirr

·    Shadow Minister for Local Government, Veterans and Western Sydney, Greg Warren

·    the Shadow Minister for Regional Transport and Roads, Jenny Aitchinson

·    the Shadow Minister for Health and Mental Health, Ryan Park

·    the Minister for Local Government, Wendy Tuckerman, and

·    the Federal Minister for Regional Development, Local Government and Territories of Australia, Kristy McBain.

Also presenting were representatives of Social Futures, Community Housing Industry Association NSW, Landcom, NSW Rural Doctors Network, NRMA, NSW Council of Social Services, NSW Farmers and CWA NSW.

Several mayors and GMs also gave insight into their region's situation. For example, the Mayor of Albury City Council, Cr Kylie King, gave an interesting presentation regarding housing development in Albury. The council is relocating a depot in the heart of the city to a location further out of the city and using the land to develop new housing. One of the most interesting and potentially valuable presentations for the CGRC was delivered by the Mayor of Forbes, Cr Phyllis Miller, OAM. In brief, Forbes developed a number of blocks of land, then ran a ballot. If your name came out, for the sum of $149,000, you acquired a serviced block. This generated immense interest, and all blocks were over-subscribed. Forbes Council also "ear marked" four housing units for medical service personnel and for Council staff. This ensured that there was available accommodation when it was needed.

Mr Troy Green, General Manager of Tweed Shire Council, stated that a survey revealed that throughout their region there were 700 vacant houses on properties, indicating a potential to ease the housing shortage. However, not all the houses were of a "habitable" status. Is there similar untapped potential throughout the CGRC? Troy further raised the issue of shops within town that were closed and the potential they may have for accommodation. He acknowledged that the zoning issue may be an inhibitor, however if there are residences above the shops there may well be a way around this.

The politicians were disappointing, and it was obvious that an election was imminent. Promises were prolific. What was evident was that to remedy the housing crises throughout NSW, and indeed Australia, different approaches were needed. Each locality has individual needs and thus different solutions. Such remedies may include: the Forbes scenario, working with Crown Lands and maybe Landcom might be a solution. Indeed, "mobile" type houses may be a part of the solution.

Dr Joe McGirr, MP for Wagga Wagga, spoke passionately about the need for Government to develop a totally separate regional identity within Government, responsible for the running of rural/regional affairs. 

The NRMA's Wal Setkiewicz, stated that in addition to the present regional road needs, there is a $2billion backlog pertaining to road infrastructure.

Social housing was spoken about on multiple occasions and in conjunction with government agencies e.g., Crown Lands Dept. may be a potential source of land.  Funding opportunities may arise from this. Jenny Aitchinson, Shadow Minister for Transport and Roads stated that the social housing waiting list had jumped to 57,000; Mark Degotardi, CEO Community Housing Industry Association NSW, stated that this figure was seven months out of date and there would be many hundreds more on the list today. Tony Davies, CEO Social Futures, commented that the north coast of NSW, with a population of only 300,000, has the same number of "rough sleepers" as the city of Adelaide.

Alex Wendler, CEO Landcom, predicted the population of NSW will increase by 100,000 people per annum.  All mentioned the need to challenge the stereotype of the beneficiaries of social housing. Today many of the people on the list for social housing are single, older women.

Are the old Cootamundra and Gundagai Hospitals a potential for some type of social housing development? Indeed, parts of both the Cootamundra and Gundagai saleyards may well be potential avenues for housing development. If the population exodus from the NSW metropolitan area continues, our communities will need to come up with new ways to "accommodate" growth. Mr Paul Toole stated that 180,000 people had moved to regional areas in the last five years and wanted to "unlock" Crown Land for regional development. Cr Phyllis Miller spoke about a "residential incentives policy".

Rebecca Reardon, Vice President of NSW Farmers, stated that weeds were costing the NSW economy $1.8b annually and called upon councils to come down hard on those property owners who were not doing their job in weed suppression. What may this mean for councils and the multiple varieties of weeds rampant along their road systems?!

Joanna Quilty, CEO NSW Council of Social Services, stated that regional areas were harder hit from COVID than metropolitan areas and their recovery time was longer.

 

The Country Mayors’ meeting on Tuesday, 21 February consisted of a panel of representatives from each party speaking to the election issues raised by the CMA.  The issues are Skills and Education, Health Services, Roads and Transport, Water Security, Housing, Crime, Law and Order, Telecommunications Blackspot Coverage and Disaster Preparedness and Funding.

The panellists were:

·    Paul Toole, Deputy Premier

·    Jenny Aitchinson, Shadow Minister for Regional Transport and Roads

·    Mark Latham, One Nation

·    Cate Faehrmann, Greens

·    Alison Waters, Animal Justice Party, and

·    Robert Borsak, Shooters Fishers Farmers Party.

The sorry state concerning NSW TAFE and renewable energy were discussed at length with coal versus renewables having a variety of views, including a brief exchange between Mayor Charlie Sheahan and Mark Latham. TAFE and the need to reinstate this valuable education resource to its former role in providing a quality workforce was a common theme among candidates. The "Red Fleet" issue was discussed at both forums and the vast majority of candidates agreed that the present situation is unacceptable. 

 

The Rural and Regional Summit and the Country Mayors’ Association meeting highlighted the benefits to be had in country elected representatives and local government staff meeting together, to share experiences and explore possible solutions. All were unanimous that the issues we experience in local government at present are the housing crisis, the health crisis and the skills shortage. There is a shortage of housing stock right across the state. In health there is a regional shortage of GP's, nurses, allied health professionals and mental health services. Aged care is also struggling with staff shortages.

Local government in the regions need town planners, engineers and building surveyors. There is a shortage of teachers and regional education outcomes are far below those of their metropolitan counterparts. There is also a shortage of tradies!

It was acknowledged that there is no quick fix to this supply shortage. However, it was good to hear the realisation that investment is needed in education, rebuilding TAFE, and that regionally trained skills and professions are more likely to remain in the regions.

It was encouraging to learn from our regional colleagues that there are some measures and steps that we, in our local government area, can do to alleviate some of the problems.

Financial

No further financial implications associated with this report.

OLG 23a Guideline consideration

Purpose of this report does not conflict with guidelines.

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.2        Business

DOCUMENT NUMBER	388217
REPORTING OFFICER	Anne Chamberlain, Acting Governance Officer
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.3 Actively engaged and supportive community
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.       Cootamundra Heritage Centre Management s.355 Committee Meeting - 6 March 2023 ⇩

 

Recommendation The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Meetings held 6 March 2023, attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Cootamundra Heritage Centre Management s.355 Committee meetings held on 6 March 2023, are submitted for the information of Council and the community.

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

DOCUMENT NUMBER	388072
REPORTING OFFICER	Lauren Eccleston, Tourism and Economic Development Officer
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	2. A region for the future 2.2 A thriving region that attracts people to live, work and visit
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.       Coota Beach Volleyball Carnival 2023 report ⇩

 

Recommendation 1.       The Coota Beach Volleyball Carnival 2023 report prepared by Business Cootamundra, attached to the report, be received and noted. 2.       Council proceed with an EOI process to secure an event operator for an extended 3 x 3 event licence.

 

Introduction

The Coota Beach Volleyball carnival has been running for the past 20 years. Coota Beach Volleyball returned this year after a two-year Covid enforced break with 135 teams registering for the carnival. 2023 also saw the addition of the Friday school’s carnival with 550 children taking to the courts.

Business Cootamundra was awarded the coordination of the 2023 event in June 2022 (Council Resolution 213/2022). $20,000 from the residual funds of the defunct S355 Volleyball Committee were transferred to Business Cootamundra as seed funding.

Discussion

To promote stability around the event operations in future, an EOI process should be followed to secure the right event operator to continue with the event via a licencing agreement. By offering a 3 year agreement, with a further 3 year option, it would provide the operator the security to grow the event further whilst still remaining a Council owned event.

Financial

Seed funds for 2024 are being held in an account established by Business Cootamundra at the Southwest Slopes Credit Union. At the end of the EOI process these funds can be transferred to the organisation awarded the ongoing event agreement.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.3        Finance

DOCUMENT NUMBER	387406
REPORTING OFFICER	Zac Mahon, Manager Finance
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.1 A clear strategic direction that is delivered upon
FINANCIAL IMPLICATIONS	Council’s cash and investment portfolio increased by $4,399,490.26 from $21,861,248.07 as at 31st January 2023 to $26,216,510.16 as at 28th February 2023.
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 28 February 2023, be received and noted.

 

Introduction

A report on Council’s Investments is required to be presented for Council’s consideration in accordance with Clause 212 of the Local Government (General) Regulation 2021.

Financial

Council’s cash and investment portfolio increased by $4,399,490.26 from $21,861,248.07 as at 31st January 2023 to $26,216,510.16 as at 28th February 2023. This was due to the 3rd quarter rates notices falling due and grants funding being received.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

Cash and Investment Portfolio

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

Performance

Cootamundra-Gundagai Regional Council’s investment portfolio underperformed by 2.8% when compared to the relevant BBSW Index benchmark, this was due to an influx of grant funding received in February, these funds have been invested in March so that the rate of return will improve. The average weighted yield for February was 3.27%, over an average weighted term of 35 days, with a benchmark of 3.36%.

 

 

Credit Quality Compliance

Council’s investment portfolio was compliant with policy in terms of S&P long term rating credit quality limits, as displayed below.

 

 

 

Counter Party Compliance

As at the end of February, Council was compliant with policy in terms of individual financial institution capacity limits. It is worth noting that capacity limits are affected by changes in the on-call account balance compared to the total portfolio balance. 

Term to Maturity

Council’s investment portfolio maturities shown graphically below were also compliant with policy requirements.

 

Declaration

I hereby certify that investments listed in the report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy.

 

Signed

                  

                  

Zac Mahon

Responsible Accounting Officer

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

DOCUMENT NUMBER	387909
REPORTING OFFICER	Zac Mahon, Manager Finance
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.1 A clear strategic direction that is delivered upon
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.       Operating Update 28 February 2023 ⇩ 2.       Capital Update 28 February 2023 ⇩

 

Recommendation The Finance Update report, be received and noted.

 

Report

The Finance Update has been redesigned so that both income and expenditure is being reported on. The report below displays the actuals compared to budget as at 31 January 2023.

All of the investigations identified in previous updates have taken place and system and coding issues have been rectified and no major issues have been identified.

Please note that the loan repayments are considered capital and the variance between the quarterly budget review and this budget of $1.315 million is caused by this.

Operations

There is currently a deficit of 1.48m, but council is awaiting on operational grant funding for flood and pothole repairs and the financial assistance grant which will lead to a surplus based on current projections as shown in the summary below.

Capital

The schedule of works for water, sewer and roads has been completed and updated in the system. The operations departments and the Finance Manager are collaborating on the adjustment for the capital works that will not be completed in 2023.

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

Ordinary Council Meeting Agenda

28 March 2023

 

Ordinary Council Meeting Agenda

28 March 2023

 

DOCUMENT NUMBER	387913
REPORTING OFFICER	Zac Mahon, Manager Finance
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.1 A clear strategic direction that is delivered upon
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.

 

Report

The restricted cash figures have been reconciled to 28 February 2023 and an adjustment has been made to the plant reserve and the building reserve by 1.6 and 1 million respectively, as adopted by Council at the November 2022 meeting.

The Manager Finance has completed a forensic reconciliation and improved the process of reconciliation for the water, sewer and waste reserves from 1 July 2018 to now and updated the current figures so that they are accurate.

Council is working to reduce liability balances and acquit grants as a priority to improve the cash position and formulating a strategy to ensure the balance of unrestricted funds improves over time.

Internal Restrictions	Bal 30 June 2022	Transfers To	Transfers From	Bal 28 Feb 2023
Aerodrome Bitumen Resurfacing	165,588		0	165,588
Bradman's Birthplace	94,798	223	0	95,021
Cootamundra Caravan Park	149,516	12,221	0	161,736
Development - Land & Buildings	2,359,693	0	(1,000,000)	1,359,693
Employee Leave Entitlements	1,858,000	0	0	1,858,000
Financial Assistance Grant	0	0	0	0
Quarries & Pit Restoration	557,351	12,856	0	570,207
Heritage Centre	23,623	2,521	0	26,144
Plant Replacement	2,244,471	3,075,273	(3,583,647)	1,736,097
Saleyards	18,078	87,025	(97,724)	7,380
Swimming Pool Pump & Equipment	0	0	0	0
Cemetery	44,677	220,418	(151,394)	113,701
Southern Phone	602,536	0	(439)	602,097
Waste Management	2,746,407	2,636,025	(4,882,432)	500,000
INTERNAL TOTALS	10,864,739	6,046,561	(9,715,636)	7,195,665

 

Externally Restricted Reserves	Bal 30 June 2022	Transfers To	Transfers From	Bal 28 Feb 2023
Domestic Waste	1,038,570	2,000,384	(819,398)	2,219,556
Water Supply	7,099,851	940,747	(519,411)	7,521,187
Sewerage Service	5,317,544	2,056,427	(1,183,447)	6,190,524
Stormwater Infrastructure Renewal	179,184	127,226	0	306,410
New Council Implementation Fund (2) – Merged with Grants	0	0	0	0
Developer Contributions	587,380	106,955	(878)	693,457
General Fund Unspent Grants & Contributions	7,279,701	4,497,820	(1,320,875)	10,456,646
EXTERNAL TOTALS	21,502,230	9,729,560	(3,844,010)	27,387,780
GRAND TOTALS	32,366,970	15,776,121	(13,559,645)	34,583,445

 

Restricted Cash Reconciliation

Restricted Cash	34,583,445
Cash at 28 February 2023	26,216,510
Unrestricted Balance	(8,366,935)
Grant Debtors Outstanding	1,344,335
Grants Completed but not Acquitted	460,135
Balance	(6,562,465)

 

Financial

There are no financial implications associated with this report

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.4        Sustainable Development

DOCUMENT NUMBER	388203
REPORTING OFFICER	Sally Atkinson, Acting Manager Development, Building and Compliance
AUTHORISING OFFICER	Paul Woods, Interim Deputy General Manager - CCD
RELEVANCE TO COMMUNITY STRATEGIC PLAN	3. Protected and enhanced environment 3.1 A natural environment is valued and protected
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 February 2023, be received and noted.

 

Introduction

The Development Applications approved in the February 2023 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 February 2023.

Financial

The value of approved applications is different than the same period last year, however this is something that is outside of the control of Council.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

DOCUMENT NUMBER	388204
REPORTING OFFICER	Sally Atkinson, Acting Manager Development, Building and Compliance
AUTHORISING OFFICER	Steve McGrath, Interim General Manager
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.2 Proactive, practical Council leaders who are aligned with community needs and values
FINANCIAL IMPLICATIONS	There are Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	The Policy is developed in accordance with the Guidelines issued under Section 66A of the Environmental Planning and Assessment Regulation 2021. Adoption of the policy will bring Council into compliance with the legislative requirements to have such a policy in place.
POLICY IMPLICATIONS	There may be consequential changes required to existing Council policies if this policy is adopted, including for advertising of Council-related development applications and to avoid duplication of standards across existing Council policies. Those policies have been identified in the report. Additional details will also be required to be recorded in Council’s register of development applications that may require adaptations to be made to existing administrative processes.
ATTACHMENTS	1.       Conflict of Interest Regulation 2022 ⇩ 2.       DPE Guidelines 2022 ⇩ 3.       Draft Managing Conflicts of Interest - Council-related Development Policy ⇩

 

Recommendation 1.   That Council resolves: 1.1. To adopt, in principle, the DRAFT Managing Conflicts of Interest: Council related Development Policy, to take effect on 3 April 2023; 1.2. To place the draft Policy on public exhibition for a period of 28 days; 1.3. That, if no submissions are received during the exhibition period that require material alterations to the draft Managing Conflicts of Interest: Council related Development Policy, it be adopted. 2.   That Council resolve: 2.1. That Council staff investigate the establishment of: 2.1.1.   A local planning panel, consistent with Division 2.5 of the Environmental Planning and Assessment Act 1979; and 2.1.2.   A ‘service agreement’ or similar mechanism, with surrounding local governments as a mechanism to manage potential conflicts of interest in Council-related development as outlined in the Draft Policy; and 2.2. That a report be provided to Council on the options available to Council in respect of 2.1.1 and 2.1.2 above, at its November 2023 meeting for consideration.

 

Introduction

A new Regulation (Attachment 1) to the Environmental Planning and Assessment Act, 1979 to take effect from 3 April 2023, mandates that Councils must have adopted a policy that specifies how potential conflicts-of-interest will be identified and managed for Council-related developments.

Guidelines issued by the Department of Planning and Environment (DPE - Attachment 2) in relation to the new Regulation defines ‘Council-related development’ as “development for which the Council is the applicant developer (whether lodged by or on behalf of Council), landowner, or has a commercial interest in the land the subject of the application, where it will also be the regulator or consent authority”.

The Draft “Managing Conflict of Interest: Council-related Development” Policy (Attachment 3), if adopted, will ensure Council has met its legislative obligations under the Regulation.

Discussion

Legislative Compliance

The DPE Guidelines clarify that the Regulation requires that Council:

a)   adopts a policy that specifies how conflicts of interest in connection with ‘Council-related development applications’ will be handled (section 66A of the Regulation);

b)   includes a ‘Management Strategy Statement’ with Council-related development applications that states what Management Controls will be put in place to manage potential conflicts of interest. Council may also include a statement that Council has no management strategy for the application (section 36A of the Regulation);

c)   records conflicts of interest in connection with Council-related development applications, and the measures taken to manage the conflicts, in its Development Application registers (section 242A of the Regulation); and

d)   exhibits Council-related development applications for a minimum of 28 days to ensure transparency during the assessment process (Environmental Planning and Assessment Act, schedule 1, clause 9B).

A policy adopted by Council to conform with section 66A of the Regulation, must:

·    establish Management Controls as part of a Management Strategy to address potential conflicts of interest at the different phases of the development process for Council-related development.  Those details inform the ‘management strategy statement’ that must be submitted with any council-related development application;

·    outline the process by which potential conflicts of interest will be identified, the risks assessed and appropriate management controls established; and

·    outline the process that will be followed to publicly communicate the management approaches for each development subject to the policy.

The Draft Policy is consistent with these requirements and the Guidelines.

Process for assessing potential conflicts of interest

The Draft Policy proposes that an assessment of the relative risks of conflicts of interest in a Council-related development would:

·    Determine whether the application is actually one that presents a potential conflict-of-interest;

·    Identify the phase(s) of the development process (ie, assessment, decision-making, certification, compliance) at which any potential conflict of interest exists;

·    Assess the level of risk involved at each phase of the development process; and

·    Determine what, if any, management controls should be implemented to address the identified conflict-of-interest at each phase of the development.

In assessing potential conflicts of interest, the Draft Policy proposes that the following factors should be considered:

·    Whether Council is a beneficiary of the application, either directly or indirectly, financially or in any other way;

·    The Capital Investment Value of the application;

·    The scale and nature of the application, its apparent consistency with relevant planning controls, and/or the degree to which it varies from planning controls, (reasonably relying on the Statement of Environmental Effects submitted with the application); and

·    The likelihood of the application attracting a significant level of community attention and/or submissions.

The risk assessment process would result in a Management Strategy, incorporating individual Management Controls, to guide the handling of the development process for Council-related development.  That Management Strategy becomes, in turn, the Management Strategy Statement that the Regulation is requiring be submitted with every Council-related development, be published on the NSW Planning Portal and be incorporated into Council’s register of development applications and consents.

 

Where a risk assessment determines that no management controls or strategies are necessary in the circumstances of the individual development application, a Management Strategy Statement to that effect must also be submitted with the application, published on the NSW Planning Portal and be incorporated into Council’s register of development applications and consents.  The Draft Policy has incorporated some types of development such as internal alterations or commercial fit-outs (and taken from the DPE Guidelines), where no conflicts of interest are considered to exist and no risk assessment need be carried out. A Management Strategy Statement would still need to be published to that effect, however.  Council retains the option to review or expand that list of developments that do not require a risk assessment, however the more expansive the list, the greater the risk of conflicts of interest arising.  Conversely, Council retains the option to develop controls or management strategy for these types of development should it consider it worthwhile.

Development process management controls

The DPE Guidelines support flexibility in developing Management Strategies for developments that present different levels of risk; potential conflicts-of-interest for advertising signage, for example, may present little, to no, risk, while a new multi-million-dollar development of a community facility presents broader and higher risk potential.  The Draft Policy has adopted this flexible approach by putting forward a range of Management Controls for each stage of the development process - assessment, determination, regulation and enforcement. Broadly speaking, however, the Draft Policy makes clear that the higher the capital investment value of the Council-related development, the greater the reliance on external and independent expertise should be.

Management Controls for the assessment of Council-related development have been proposed as:

·    Engaging a ‘peer-review’ of an assessment undertaken by Council’s own staff, either by an adjoining Council or by an external, independent person/contractor/consultant with relevant expertise and experience;

·    Using an external, independent planning person/contractor/consultant to carry out the assessment; or

·    Engaging the assessment services of a neighbouring or other council to carry out the full assessment.

Management Controls for the determination of Council-related development have been proposed as:

·    Ensuring Council-related developments are not approved under delegation, with all such applications being determined by a full, open meeting of Council;

·    Including in the assessment report to Council on a Council-related development application, a clear statement on how the Management Strategy for the application was implemented and complied with;

·    Establishing and using a local planning panel, consistent with the requirements of Division 2.5 of the Act; or

·    Referring the assessment of the Council-related development to the relevant Regional Planning Panel. (It is worth noting, however, that the Regional Planning Panel is under no obligation to accept the referral unless it has statutory obligations to determine applications as in the case of Regionally Significant Developments by Councils).

Management Controls for the regulation and enforcement of Council-related development consents have been proposed as:

·    Using the services of another/adjoining council to carry out regulatory/compliance/ enforcement activities (which may include building certification) for the development;

·    Using a private Principal Certifying Authority for construction certification and enforcement of consent conditions;

·    Reporting to Council on the progress and compliance status of the development.  Reporting could reasonably occur at the commencement of the development (for example, issue of a Construction Certificate or physical commencement of the work); at a midway point of the development; where compliance issues or complaints from the public arise; and at the issue of an Occupation Certificate.

Development process management controls

To ensure transparency and separation from Council’s development-related staff, the Draft Policy proposes that the conflict of interest risk assessment and development of a Management Strategy, be carried out at the Deputy General Manager level.  The Manager, Sustainable Development (the position under Council’s recently adopted organisational structure) would be responsible for the implementation of the outcome of the risk assessment.

Options for using external expertise

The realities of managing conflicts of interest in Council-related development may result in additional costs and administrative processes where external planning consultants or contractors are relied on to provide separation in the development process. 

The Draft Policy suggests using surrounding/other councils to carry out assessments, to certify developments, to take compliance action, to do peer reviews of assessments carried out by this Council’s staff, or even to determine applications on this Council’s behalf.  Such arrangements would be best managed under a ‘service agreement’, Memorandum of Understanding (or similar document) with surrounding councils that could enable such services to be supplied in a mutually beneficial manner. 

The Draft Policy also suggests use of a Local Planning Panel (such as allowed under Division 2.5 of the Environmental Planning and Assessment Act, 1979). Broadly, the Act allows the creation of local planning panels either by a single council for its local government area, or jointly by 2 or more councils where any function exercisable by a council in relation to the panel is exercised jointly by the member councils.  A local planning panel must have four members, appointed by the relevant council(s) and consist of an approved independent person with relevant expertise (law, government, public administration) as Chairperson, two other independent persons with relevant expertise and a representative of the local community who is not a councillor or mayor.  No councillor or property developer (as defined by the Electoral Funding Act, 2018) or real estate agent (as defined under the Property, Stock and Business Agents Act, 2002) can be part of a local planning panel.  A local panel effectively functions as a consent authority under Part 4 of the Act and can provide advice on any planning proposal or planning or development matter referred to it by Council.

This Report recommends that Council further investigate the options for forming a local planning panel, including in conjunction with surrounding Councils, as well as options for ‘service agreements’ or similar legal arrangements that would support the intent and operation of the Draft Policy. It is likely that surrounding rural councils such as Hilltops, Junee, Yass Valley, Coolamon Shire or Snowy Valleys Councils would face similar staffing and cost issues in implementing conflict of interest controls (beyond the ongoing development-related staff resourcing issues that rural councils face).  An approach that seeks to support cost and resource sharing may be an acceptable option for surrounding councils.

Financial

Adoption of this Policy may result in additional, one-off costs in processing of development applications where external expertise is bought in to assess proposals that are subject to the policy.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

Ordinary Council Meeting Agenda

28 March 2023

 

Ordinary Council Meeting Agenda

28 March 2023

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.5        Engineering Cootamundra

DOCUMENT NUMBER	385874
REPORTING OFFICER	Julie Buckley, Operations Support Officer
AUTHORISING OFFICER	Matt Stubbs, Deputy General Manager - Operations
RELEVANCE TO COMMUNITY STRATEGIC PLAN	3. Protected and enhanced environment 3.1 A natural environment is valued and protected
FINANCIAL IMPLICATIONS	Seek grants for possible funding of protection options and Budgetary allocation as required with Voluntary Purchasing scheme.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1.       Minutes of the Cootamundra Floodplain Risk Management Committee Meeting held on 13 February, 2023 ⇩ 2.       DRAFT Cootamundra Floodplain Risk Management Study and Plan (under separate cover) ⇨ 3.       DRAFT Cootamundra Floodplain Risk Management Study and Plan: Figures 1A - B25 and Appendices A - C (under separate cover) ⇨

 

Recommendation 1.   The Minutes of the Cootamundra Floodplain Risk Management Committee Meeting held on 13 February, 2023, attached to the report, be received and noted. 2.   In consideration of the Cootamundra Floodplain Risk Management Committee Meeting recommendations detailed in the report, Council: 2.1. Seek a grant variation to allow WMA Water to run the hydrologic and hydraulic models to validate the October 31, 2022 flood event. 2.2. Submit an application for grant funding with a view to implementing the Voluntary Purchase Scheme in the next round of Floodplain Management Grants.  The Voluntary Purchase Scheme report will be available at Council’s May Meeting at the close of the public submission period. It is noted that Council will have the opportunity to accept any successful grant funding when the grants are announced in late 2023. 2.3. Consider an allocation of funding in future budgets for Council’s contribution towards the implementation of the Voluntary Purchase Scheme. 2.4. Place the Draft Cootamundra Floodplain Risk Management Study and Plan on Public Exhibition for a period of 28 days.

 

Introduction

The Minutes of The Cootamundra Floodplain Risk Management Committee Meeting held 13 February, 2023 attached to the report are provided for the information of Council and the community.

Discussion

The Cootamundra Floodplain Risk Management Committee meet as required to discuss the flood mitigation of the Muttama Creek and other matters relevant to the Muttama Creek that runs through Cootamundra.

Recommendations for consideration within the Minutes:

1.      That Council seek a grant variation to allow WMA Water to run the hydrologic and hydraulic models to validate the October 31, 2022 flood event.

2.      That Council submit an application for grant funding to implement the Voluntary Purchase Scheme in the next round of Floodplain Management Grants.

3.      That Council consider an allocation of funding in future budgets for Council’s contribution towards the implementation of the Voluntary Purchase Scheme.

4.      That the Draft Cootamundra Floodplain Risk Management Study and Plan be placed on Public Exhibition for a period of 28 days.

The Cootamundra Floodplain Risk Management Committee recommended the Voluntary Purchasing Scheme be considered however, at the time of the presentation of the Draft Cootamundra Floodplain Risk Management Study and Plan the Voluntary Purchasing Feasibility Study was still being finalised pending review by the Department of Planning & Environment, Council and the Committee.  This Study will be presented to the May Council Meeting as a confidential report.

The announcement of successful Voluntary Purchasing Scheme grants will be announced in late 2023 and a report will be presented to Council at that time for consideration.

Financial

Future works dependent on available grant funding.

OLG 23a Guideline consideration

Potential budgetary allocation a per possible Voluntary Purchasing scheme.

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

DOCUMENT NUMBER	387851
REPORTING OFFICER	Julie Buckley, Operations Support Officer
AUTHORISING OFFICER	Matt Stubbs, Deputy General Manager - Operations
RELEVANCE TO COMMUNITY STRATEGIC PLAN	5. Integrated and accessible region 5.2 Easily accessible from major cities and other regional towns
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 CGRC Engineering Report for the month of March 2023 be noted.

 

Introduction

The CGRC Engineering Report for the month of March 2023 is submitted for the information of Council and the community.

Discussion

Fixing Local Roads Projects:

Works on Cooper Lane (Cootamundra) have seen the kerb replaced down both sides of the laneway. Excavation is currently underway on the old pavement with the new pavement due to be placed and compacted by the end of March. Sealing is expected in early-mid April. Once re-opened the laneway will be one-way traffic.

Warralong Road (Cootamundra) - placement and compaction of the road pavement is currently underway. Final pavement trimming and sealing is also expected in early April.

Bridge Replacement Program:

The bridge replacement program is close to completion on Lucerndale Road and Carrs Road, Darbalara. The Carrs Road bridge deck was placed on 6 March 2023 and the Lucerndale Road bridge deck was placed on 13 March 2023. Each bridge will cure for 28 days prior to the abutment works to open the bridge to traffic.

Timber Haulage/Heavy Patching Program:

The timber haulage project is close to completion in the Adjungbilly area, on Threeways Road, Adjungbilly Road, Nanagroe Road and Redhill Road.

REPAIR Program:

Pavement and drainage works have commenced on West and Punch Street (Gundagai) intersection under the repair program. These works are anticipated to take up to 3 months and an asphalt wearing course is to be placed at completion.

State Roads:

Works on heavy patching and pavement repairs are scheduled to commence in late March on the Olympic Highway between Cootamundra and Wallendbeen and the Burley Griffin Way west of Wallendbeen. These works are a continuation of similar works undertaken in late 2022 as prioritised by Transport for NSW to repair pavement failures due to the wet spring of 2022.

Cootamundra Flooding:

After the extensive rainfall on the 13 March,2023 in the Muttama Catchment, Cootamundra experienced its second flooding event in five months. While this event was not as severe as the October 2022 event, numerous properties were impacted by flooding. Council’s works crew set up road closures on many streets including the Muttama Creek causeways, as well as roads to the west of Cootamundra including Berthong Road, Old Cootamundra Road, Stockinbingal Road and West Jindalee Road.

At the time of writing, damage assessment of the road and culvert damage is still being assessed, however, Berthong Road has once again suffered road shoulder damage and erosion around culvert headwalls. Old Cootamundra Road experienced water washing across the road in several locations as did Stockinbingal Road. There was also a couple locations on Rosehill Road which experienced water washing over the road.

Emergency works to repair these roads and make trafficable has been undertaken where required.

General Works:

Gravel road maintenance and maintenance grading is underway throughout the Council region including Greens Lane, Cliffords Lane and Smiths Lane (Stockinbingal).

Pothole patching has continued on many bitumen roads around the Local Government Area where necessary. Rosehill Road (Rosehill) has been repaired as well as possible with the patching truck, but still warrants heavy patching in many areas which will be included in upcoming works.

Grass slashing has been completed in various areas around the towns and villages.

Geotechnical and Engineering

Geotechnical investigation and survey request for quotations have just closed for Hillas Creek Bridge, Mundarlo. It is anticipated the investigation and survey works will commence in coming weeks.

Financial

Projects funded from various funding sources, as noted above.

Maintenance works funded from the General Fund.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.6        Engineering Gundagai

DOCUMENT NUMBER	387638
REPORTING OFFICER	Catherine Smith, Procurement Officer
AUTHORISING OFFICER	Matt Stubbs, Deputy General Manager - Operations
RELEVANCE TO COMMUNITY STRATEGIC PLAN	5. Integrated and accessible region 5.1 Known for our good road network
FINANCIAL IMPLICATIONS	Local Roads and Community Infrastructure (LCRI) Round 3 will provide funding for packages 1-6, with 7 currently unfunded.
LEGISLATIVE IMPLICATIONS	To comply with the tendering conditions of the Local Government Act, 1993 and (General) Regulation, 2005.
POLICY IMPLICATIONS	To comply with Council’s Procurement Policy and Guidelines.
ATTACHMENTS	1.       RFT2023/1 - Post tender report to Council - Confidential attachment - Confidential (under separate cover)

 

Recommendation 1.       Council treat the Evaluation Matrix, attached to the report as confidential in accordance with section 11(3) of the Local Government Act 1993, as the Matrix relates to a matter specified in section 10A(2)(d)(i) of the Local Government Act 1993. The Matrix contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person(s) who supplied it; and 2.       Council accept the tender, for packages 1-6, from the highest ranked party as contained in the confidential evaluation matrix attached to the report for the amount specified; and 3.       Council endorse funding the asphalt wearing course placement in Package 7, from the 23-24 financial year budget for re-sealing town streets, for the amount specified, in the confidential report.

 

Introduction

The Sheridan Street Main Street Upgrade Block 3 project is progressing.  Stage 1 of the project was completed late in 2021 and Tenders were recently called for Stage 2 of the project.  Stage 2 encompasses the area from Homer Street, 120m easterly toward Virgil Street on the Southern side of Gundagai. 

Discussion

Public Tenders were called via VendorPanel on 23 January 2023.  As with Stage 1, Stage 2 was offered in several packages, with Tenderers able to bid for one or all packages:

1.       Demolition & Earthworks

2.       Water & Stormwater Drainage

3.       Construction of Retaining Walls

4.       Kerb & Gutter Construction

5.       Footpath – Concrete Subgrade and Stencilled Concrete Footpaths

6.       Footpath Stone Paving

7.       Road Pavement Construction

 

At closing on 24 February 2023, three tenders were received, with two (2) conforming and one (1) non-conforming:

1.       Civil & Civic Group Pty Ltd

2.       Gundagai Construction Services Pty Ltd

3.       Huon Contractors Pty Ltd

The Tender evaluation panel consisted of Stephen Targett (Acting Manager, Technical Services); Thomas Hogg (Design Engineer); and Damien Cullen (WHS & Risk Officer).  An assessment report containing the evaluation panel’s recommendations have been provided as a confidential attachment. 

Financial

Stages 1-6 will be fully funded from Round 3 of the Local Roads and Community Infrastructure (LCRI) fund.  Stage 7 can be completed by Council from the Local Roads and Community Infrastructure (LCRI) fund if the wearing surface is reduced from an asphalt pavement to a bitumen seal. Provision of an asphalt wearing surface would provide a significantly better product. It is likely the project will be completed in 2023-24 financial year. Allowance to asphalt this could be reserved from Councils Resealing, Town Streets budget in the 2023-24 financial year. The alternative to this would be to obtain further funding for the asphalt works, at a later date.

OLG 23a Guideline consideration

The funding received from the Local Roads and Community Infrastructure (LCRI) program is already in Council’s budgeted program.  This will see Stages 1-6 of the project fully expended well within a 12-month period.

 

 

 

Ordinary Council Meeting Agenda

28 March 2023

 

8.7        Regional Services Gundagai

Nil

8.8        Regional Services Cootamundra

Nil

Ordinary Council Meeting Agenda

28 March 2023

 

9            Motion of which Notice has been Given

DOCUMENT NUMBER	388349
REPORTING OFFICER	Abb McAlister, Councillor
AUTHORISING OFFICER	Steve McGrath, Interim General Manager

 

The following Notice of Motion signed by Councillor Cr Abb McAlister was submitted on 20 March, 2023.

I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 28 March, 2023:

Motion CGRC immediately contact the relevant Government Authority or Authorities that control the clearing of vegetation from the Muttama Creek to meet with Council in Cootamundra as soon as possible, to inspect the vegetation issue in the creek that has caused severe flooding in the Cootamundra Town area twice over the last 6 months.

 

Note from Councillor

I think it is imperative that Council immediately look at clearing of vegetation.

In the Cootamundra town area of the Muttama Creek to lessen the severe flooding that has occurred in the town over the last 6 months. I know there are concerns for the aquatic life in the creek. However, I also have great concern for human life and if we continue to experience the severe flooding after rain events, it worries me greatly that human life will be lost. It also must be remembered we are only looking at clearing vegetation to a satisfactory standard from the creek "in the town area only".

Note from Interim General Manager

Subject to Council direction, this action can be undertaken. It should be noted that the Cootamundra Floodplain Risk Management Study and Plan is the subject of a separate report to the 28 March 2023 Council meeting.

 

Ordinary Council Meeting Agenda

28 March 2023

 

10         Questions with Notice

DOCUMENT NUMBER	388078
REPORTING OFFICER	Teresa Breslin, Acting EA to Mayor and General Manager
AUTHORISING OFFICER	Steve McGrath, Interim 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 Trevor Glover – Are there any compliance issues with regards to the Gundagai Abattoir? If so, could councillors be briefed?.

Response from Council Officer – This matter can be the subject of a briefing for Councillors at a Workshop in the near future, to the extent of the information available to Council officers. It should be noted that Gundagai Meat Processors apparently engaged a Private Certifier for it’s latest development and Council officers do not have access to any documentation as it relates to outstanding, or compliance issues, in regard to that development.

 

Ordinary Council Meeting Agenda

28 March 2023

 

11         Confidential Items

DOCUMENT NUMBER	388128
REPORTING OFFICER	Teresa Breslin, Acting EA to Mayor and General Manager
AUTHORISING OFFICER	Steve McGrath, Interim General Manager
RELEVANCE TO COMMUNITY STRATEGIC PLAN	4. Collaborative and progressive leadership 4.1 A clear strategic direction that is delivered upon
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

 

Note

Council’s Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters listed should be closed.

 

RECOMMENDATION 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       Reno Road Potential Acqusition 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.