Agenda of Ordinary Council Meeting - Tuesday, 27 June 2023

Ordinary Council Meeting Minutes

23 May 2023

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 23 May 2023 AT 6:00PM

PRESENT: Cr Leigh Bowden (Deputy Mayor), Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Abb McAlister

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), Sally Atkinson (Acting Manager Development, Building and Compliance), Mark Ellis (Manager Engineering Cootamundra), Stephen Targett (Acting Manager Engineering Gundagai), Wayne Bennett (Manager Regional Services Cootamundra), Andrew Brock (Manager Regional Services Gundagai)

1 Acknowledgement of Country

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

2 Open Forum

Nil

3 Apologies and leave of absences

Resolution 115/2023

Moved: Cr Abb McAlister

Seconded: Cr Trevor Glover

Apologies from Cr Les Boyd, Cr Gil Kelly and Cr Penny Nicholson be received.

Carried

Resolution 116/2023

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

Leave of absence, from 16^th – 26^th May 2023, be granted for Cr Charlie Sheahan.

Carried

Resolution 117/2023

Moved: Cr Abb McAlister

Seconded: Cr David Graham

Leave of absence, from 15^th – 27^th June 2023, be granted for Cr Penny Nicholson.

Carried

4 Disclosures of Interest

Nil

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 18 April 2023

Resolution 118/2023

Moved: Cr David Graham

Seconded: Cr Logan Collins

1. The Minutes of the Ordinary Meeting of Council held on Tuesday 18 April 2023 be confirmed as a true and correct record of the meeting.

2. The Confidential Minutes of the Ordinary Meeting of Council held on Tuesday 18 April 2023 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Resolution 119/2023

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

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

Carried

Corrections:

Cr Glover attended a Muttama Hall s.355 Committee meeting, which was cancelled due to lack of quorum (not forum).

Cr McAlister also attended the Anzac Day Memorial Service in Gundagai.

6.2 Mayoral Minute - Damaging increase in Emergency Services Levy Costs

Resolution 120/2023

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

THAT:

1. Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Member(s):

a. Expressing Council’s strong opposition to the NSW Government’s last minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community;

b. Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, Council’s 5.0% rate increase to provide essential community services and infrastructure has been significantly eroded.

c. Advising that the Government’s decision may/will lead to a reduction in important local services and/or the cancellation of necessary infrastructure projects;

d. Calling on the NSW Government to take immediate action to:

i. restore the ESL subsidy in 2023/24

ii. urgently introduce legislation to decouple the ESL from the rate peg to enable councils to recover the full cost

iii. develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

2. Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

3. Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

Carried

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 May 2023

Resolution 121/2023

Moved: Cr Logan Collins

Seconded: Cr David Graham

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on 11 May 2023, attached to the report, be received and noted.

2. In consideration of the Cootamundra-Gundagai Local Traffic Committee recommendations detailed in the minutes, Council endorse the following:

2.1. That the following steps are taken to improve driveway safety at 489 Muttama Road, Muttama:

2.1.1. Erect C Size ‘Concealed Driveway’ signage incorporating both driveways situated at this location.

2.1.2. Install additional guideposts either side of the driveways to alert road users of the driveway.

2.1.3. Conduct further discussions with the property owner/s regarding driveway modifications and mailbox installation.

2.2. That Chevron Signs be installed at the intersection on Armours Road and Curve Advisory Markers at the sharp bend on Attwood Road, Coolac.

2.3. That one NO U-TURN PERMITTED sign be installed near the Visitor Information Centre at the entrance of Sheridan Street, Gundagai.

2.4. That NO U-TURN signage be installed in the median island in Wallendoon Street at the intersection of Cooper Street and Wallendoon Street, Cootamundra.

2.5. That ‘No Stopping’ signage be installed along Cooper Lane, Cootamundra between Bourke Street and Wallendoon Street, and that businesses and residents are advised of the new signage.

2.6. That the ‘No Right Turn’ sign at the intersection of Wallendoon Street, and Cooper Lane Cootamundra be removed.

2.7. That the ‘No Parking’ signage between the driveways at 60 Yass Road, Cootamundra be replaced with ‘No Stopping’ signage.

2.8. That the vegetation obstructing sight distance in Parker Street be cleared for visibility and road user safety.

2.9. That all vegetation in Parker Street be maintained at agreed levels.

2.10. That Councils Insurance supplier is notified of the current risk associated with 2.8 above.

2.11. That Council review emergency exit alternatives for the Cootamundra Art Centre and provide detailed designs and costing of proposed designs to the Local Traffic Committee.

Carried

8 General Manager’s Report

8.1 General Manager Office

8.1.1 2023-24 Determination of the Local Government Remuneration Tribunal - Councillor Fees and Additional Mayoral Fee

MOTION

RESOLUTION 122/2023

Moved: Cr Leigh Bowden

Seconded: Cr David Graham

1. Council note that Cootamundra-Gundagai Regional Council is listed under as ‘Rural Large’ in the Local Government Remuneration Tribunal April 2023 Annual Determination Report.

2. Council determine the Councillors annual fee effective 1^st July, 2023 noting 1. above, in the sum of $13,030.

3. Council determine the Mayor’s annual fee effective 1^st July, 2023 noting 1. above, in the sum of $28,430.

4. Consistent with resolution 173/2022 Council continue to support superannuation contribution payments for Councillors, subject to individual Councillors nominating an eligible superannuation account, thus enabling superannuation payments to commence.

Carried

8.1.2 NSW Local Roads Congress 2023

Resolution 123/2023

Moved: Cr Trevor Glover

Seconded: Cr David Graham

The Deputy General Manager-Operations and Cr Collins attend the New South Wales Local Roads Congress to be held at Parliament House Sydney on Monday 5 June 2023.

Carried

8.1.3 Riverina Eastern Regional Organisation of Councils (REROC) and Riverina Joint Organisation (RivJO)

Resolution 124/2023

Moved: Cr Abb McAlister

Seconded: Cr David Graham

The Minutes of the Riverina Eastern Regional Organisation of Councils (REROC) and Riverina Joint Organisation (RivJO) Board Meetings held on 28^th April 2023, attached to the report, be received and noted.

Carried

8.2 Business

8.2.1 Delivery Program/ Operational Plan Quarterly Progress Report

Resolution 125/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

The Delivery Program incorporating the Operational Plan 2022/2023, quarterly progress report, (3^rd Quarter January to March), attached to the report, be received and noted.

Carried

8.2.2 Draft 2023/24 Operational Plan and Associated Documents

Resolution 126/2023

Moved: Cr Trevor Glover

Seconded: Cr Logan Collins

Council resolve that the Draft 2023/24 Operational Plan, inclusive of the Draft Revenue Policy, Draft Fees and Charges, Draft Operating Budget and Draft Capital Works Budget, be placed on public exhibition for a period of 28 days.

Carried

8.2.3 Business Cootamundra - Memorandum of Understanding

Resolution 127/2023

Moved: Cr Trevor Glover

Seconded: Cr Logan Collins

1. Council delegate authority to the Interim General Manager to execute the Business Cootamundra Memorandum of Understanding 2023/24 on behalf of Cootamundra-Gundagai Regional Council.

2. Council provide a financial contribution to Business Cootamundra of $34,500, plus GST, reflecting an increase of 3.7% over the current year provision.

Carried

8.2.4 Communication and Engagement Strategy update

Resolution 128/2023

Moved: Cr David Graham

Seconded: Cr Abb McAlister

The draft Communications and Engagement Strategy, attached to the report, be endorsed.

Carried

8.2.5 Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes

Resolution 129/2023

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Meetings held 4 April 2023 and 1 May 2023, attached to the report, be received and noted.

Carried

8.2.6 Muttama Hall Management s.355 Committee Meeting Minutes and Fees

Resolution 130/2023

Moved: Cr Trevor Glover

Seconded: Cr David Graham

1. The Minutes of the Muttama Hall Management s.355 Committee Meetings held, 8 November 2022, 22 February 2023, 22 March 2023 and 12 April 2023 attached to the report, be received and noted.

2. The proposed 2023/24 fees and charges schedule of hall hire charges for the Muttama Hall Management Committee, attached to the report, be listed in the 2023/24 CGRC Operational Plan Fees and Charges.

Carried

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

Resolution 131/2023

Moved: Cr David Graham

Seconded: Cr Logan Collins

1. The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee meeting held 27 April 2023, attached to the report, be received and noted.

2. Consideration be given to the recommendations detailed in the report and attached minutes.

2.1. That a secure donation box be installed at the Stockinbingal Recreation Ground.

2.2. Signage be installed at the Pump Track area at the back of the Stockinbingal Recreation Grounds to prevent vehicles driving in the wet areas.

Carried

8.3 Finance

8.3.1 March 2023 Quarterly Budget Review Statement

Resolution 132/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

1. The March 2023 Quarterly Budget Review be received and noted.

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

Carried

Note: The adjustment to the oncosts was incorrectly allocated to the water and sewer fund. The figures have been reallocated to the correct fund, being the general fund.

This adjustment hasn’t led to any budgetary adjustments at a consolidated level, other than the adjustments that where presented in the report.

8.3.2 Restricted Cash Reconciliation

Resolution 133/2023

Moved: Cr Abb McAlister

Seconded: Cr Logan Collins

The Restricted Cash Reconciliation report, be received and noted.

Carried

8.3.3 Finance Update - Operational and Capital Income & Expenditure

Resolution 134/2023

Moved: Cr Abb McAlister

Seconded: Cr David Graham

The Finance Update report, be received and noted.

Carried

8.3.4 Investment Report - April 2023

Resolution 135/2023

Moved: Cr Abb McAlister

Seconded: Cr David Graham

The report detailing Council Cash and Investments as at 30 April 2023, be received and noted.

Carried

8.4 Sustainable Development

8.4.1 Draft Compliance and Enforcement Policy

Resolution 136/2023

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

That Council resolve:

1. To place the Draft Compliance and Enforcement Policy on public exhibition for a period of 28 days.

2. That, if no submissions are received during the exhibition period that would require material alteration to the draft Compliance and Enforcement Policy, it be adopted.

Carried

8.4.2 Development Applications Approved April 2023

Resolution 137/2023

Moved: Cr Abb McAlister

Seconded: Cr Logan Collins

The information on Development Applications approved in April 2023, be received and noted.

Carried

8.5 Engineering Cootamundra

8.5.1 Draft Risk Management Policy

Resolution 138/2023

Moved: Cr Trevor Glover

Seconded: Cr Logan Collins

The new Draft Risk Management Policy, attached to the report, be adopted.

Carried

8.5.2 Draft Managing Unreasonable Complainant Conduct Policy and Procedure

Resolution 139/2023

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

The draft Managing Unreasonable Complainant Conduct Policy, Procedure, Risk Assessment Worksheet and Unreasonable Complainant Conduct Form, attached to the report be adopted.

Carried

8.5.3 CGRC Engineering Report - May 2023

Resolution 140/2023

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

The CGRC Engineering Report for the month of May 2023 be noted.

Carried

8.6 Engineering Gundagai

Nil

8.7 Regional Services Gundagai

8.7.1 Regional Services Gundagai Works Report

Resolution 141/2023

Moved: Cr David Graham

Seconded: Cr Abb McAlister

The Regional Services Gundagai Works report for March/April be noted.

Carried

8.8 Regional Services Cootamundra

Nil

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

Nil

The Meeting closed at 6:34pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27 June 2023.


CHAIRPERSON	GENERAL MANAGER

Ordinary Council Meeting Agenda

27 June 2023

8.1 General Manager Office

8.1.1 IPART Draft Report - Review of the Rate Peg Methodology

DOCUMENT NUMBER

392998

REPORTING OFFICER

Steve McGrath, Interim 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

1. IPART Draft Report Review of the Rate Peg Methodology June 2023 ⇩

Recommendation

That Cootamundra-Gundagai Regional Council lodge a submission to the IPART Review of the Rate Peg Methodology indicating support for draft decisions 1 to 10, and also for draft recommendations 1 and 2, within the Draft IPART Report.

Introduction

In August 2022, the then Minister for Local Government, supported by the Premier of NSW, authorised the Independent Pricing and Regulatory Tribunal (IPART) to review the local government rate peg methodology, including the Local Government Cost Index (LGCI). At that time, Terms of Reference were issued to IPART by the then Minister as follows:

“I am requesting IPART to deliver a report recommending a rate peg methodology that allows the general income of councils to be varied annually that is reflective, as far as possible, of changes in inflation and costs incurred by the local government sector and that continues to include a population growth factor.

Specifically, I am requesting IPART to investigate and make recommendations to the Minister on:

1. Possible approaches to set the rate peg methodology to ensure it is reflective of inflation and costs of providing local government goods and services;

2. Possible approaches to stabilising volatility in the rate peg, and options for better capturing more timely changes in both councils’ costs and inflation movements;

3. Alternate data sources to measure changes in councils’ costs;

4. Options for capturing external changes, outside of councils’ control, which are reflected in councils’ costs;

5. The effectiveness of the current LGCI approach;

6. Whether the population growth factor is achieving its intended purpose.

In undertaking the review, IPART should have regard to:

· The Government’s commitment to protect ratepayers from excessive rate increases and to independently set a rate peg that is reflective of inflation and cost and enabling financial sustainability for councils.

· The differing needs and circumstances of councils and communities in metropolitan, regional and rural areas of the State.

· Ensuring the rate peg is simple to understand and administer.”

Since the issue of the Terms of Reference, IPART issued an Issues Paper in September 2022 and conducted Workshops in Nov/Dec 2022 and Mar/Apr 2023. The Draft IPART report has now been issued inviting stakeholders to provide feedback by 4 July 2023.

Discussion

The Draft IPART Report into the Review of the Rate Peg Methodology is an attachment to this report. This Draft IPART Report goes to some detail regarding the issues considered as part of the review. The draft decisions contained within the IPART Report are:

1. “To replace the LGCI with a Base Cost Change model with 3 components:

a. employee costs

b. asset costs

c. other operating costs.

2. To develop separate Base Cost Change models for 3 council groups:

a. metropolitan councils (Office of Local Government groups 1,2,3, 6 and 7)

b. regional councils (Office of Local Government groups 4 and 5)

c. rural councils (Office of Local Government groups 8 to 11).

3. For each council group, calculate the Base Cost Change as follows:

a. For employee costs, we would use the annual wage increases prescribed by the Local Government (State) Award for the year the rate peg applies, or the Reserve Bank of Australia’s forecast change in the Wage Price Index from the most recent Statement on Monetary Policy (averaging the changes over the year to June and December for the year the rate peg applies). We would adjust for changes in the superannuation guarantee in both cases. We are currently consulting on the best approach to measure changes in employee costs (see Seek Comment 1).

b. For asset costs, we would use the Reserve Bank of Australia’s forecast change in the Consumer Price Index from the most recent Statement on Monetary Policy (averaging the changes over the year to June and December for the year the rate peg applies), adjusted to reflect the average difference between changes in the Producer Price Index (Road and bridge construction, NSW) and changes in the Consumer Price Index (All groups, Sydney) over the most recent 5-year period for which data is available.

c. For other operating costs, we would use the Reserve Bank of Australia’s forecast change in the Consumer Price Index from the most recent Statement on Monetary Policy (averaging the changes over the year to June and December for the year the rate peg applies).

d. Weight the 3 components using the latest 3 years of data obtained from the Financial Data Returns of councils in that group, and update the weights annually.

4. To publish indicative rate pegs for councils around September each year (unless input data is not available) and final rate pegs around May each year.

5. To include a separate adjustment factor in our rate peg methodology that reflects the annual change in each council’s Emergency Services Levy (ESL) contribution.

This factor will reflect:

a. an individual council’s contribution, for councils:

- that are not part of a rural fire district, or

- that are part of a rural fire district but do not engage in ESL contribution cost sharing arrangements, or

- are the only council in their rural fire district, or

- that are part of a rural fire district and engage in ESL contribution cost sharing where we have accurate information about what the council pays.

b. the weighted average change for each rural fire district, for councils that are part of a rural fire district and engage in ESL contribution cost sharing arrangements where we do not have accurate information about what they pay.

6. To set Emergency Services Levy (ESL) factors and a final rate peg for each council in May after ESL contributions for the year the rate peg is to apply are known, so that councils can recover changes in ESL contributions in the year contributions are to be paid.

7. To maintain our current approach and make additional adjustments to the rate peg on an as needs basis for external costs (For the Emergency Services Levy, we have made a separate decision - see Draft Decision 5).

8. To change the ‘change in population’ component of the population factor to deduct prison populations from the residential population in a council area and then calculate the growth in the non-prisoner residential population of a council area for the relevant year. We would not make retrospective adjustments for previous population factors.

9. To retain the productivity factor in the rate peg methodology and for it to remain as zero by default unless there is evidence to depart from that approach.

10. To review our rate peg methodology every five years, unless there is a material change to the sector or the economy, to ensure its stays fit for purpose.”

In addition to the key decisions outlined above, the Review made a number of additional observations, and the following draft recommendations were put forward:

1. “That a local government reference group is established to advise on the implementation of our new rate peg methodology.

2. That the NSW Government consider commissioning an independent review of the financial model for councils in NSW including the broader issues raised in this report.”

Rate pegging was introduced in NSW in 1977 and has been an issue for local government since its inception. Whilst the introduction of the Local Government Cost Index (LGCI) and oversight by IPART has provided some relief to councils, criticism of the LGCI has continued and calls for its review have been around for some time.

It is understood that the draft decisions within the IPART Review of the Rate Peg Methodology draft report align with principles that have been raised in the past by the Riverina Eastern Regional Organisation of Councils (REROC) on behalf of its member Councils.

It is suggested that it would seem appropriate for Cootamundra-Gundagai Regional Council to make a submission in response to the draft IPART Report indicating support for the key decisions and recommendations.

Financial

There are no financial implications directly associated with Council’s consideration of this report. In fact, it is quite likely that should the NSW Government consider the recommendations within the IPART Review of the Rate Peg Methodology and implement changes accordingly, Council’s approach to budgeting from one year to the next may benefit from a more equitable financing framework.

OLG 23a Guideline consideration

Consideration of this report by Council does not give rise to any specific issues that are influenced by the 23A Guidelines applying to Cootamundra-Gundagai Regional Council at the present time.

Ordinary Council Meeting Agenda

27 June 2023

8.2.2 Applications for Community Donations 2023

DOCUMENT NUMBER

390205

REPORTING OFFICER

Linda Wiles, Manager Business

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

1. A vibrant, safe, and inclusive community

1.2 A welcoming community that cares for and looks after each other

FINANCIAL IMPLICATIONS

Total financial implication is $30,328.00 (in-kind $4427).

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Community Donations Policy.

ATTACHMENTS

Nil

Recommendation

1. The Donations budget be increased annually in line with the consumer price index.

2. Council approve community donations for the following applicants totalling $30,328.00

Organisation	Amount granted
The Australian Carriage Driving Society	$2000
Cootamundra Bridge Club	$1500
Cootamundra Sports Foundation	$500
Lions Club of Cootamundra	$1250 (Includes $500 in-kind)
Cootamundra Veterans Week of Golf	$1000
Cootamundra Food Bank	$2500
Wallendbeen Public School	$100
Cootamundra Rifle Club	$2151
The Art Centre Cootamundra	$4000
Stockinbingal Public School	$150
Cootamundra and District Little Athletics	$1500
Cootamundra High School	$150
Cootamundra Public School P&C	$1000
Gundagai High School	$600
Gundagai Business Network	$4000
Stockinbingal Ellwood's Hall s.355 Committee	$500
Soroptimist International	$3927 in-kind
Cootamundra Rodeo and Equine Sporting Centre	$3500

Introduction

Each year Council determines an annual community donations budget, this is then allocated each year in June to successful applications of the community donations program.

Discussion

Council advertised through its usual mediums inviting individuals, community groups, schools, and local clubs to apply for a donation in accordance with its Community Donations Policy, attached to the report.

Applications were received until 5pm Friday 2^nd June 23 for consideration by Council.

This year, the applications received exceeded $50,000. Council’s budget is $30,000.

All applications submitted were provided separately to Council for consideration prior to the meeting due to the requirement in the Personal Information Protection Act, 1998.

Each application has been assessed on its individual merits and successful applications will be included in a document which will be made available on Council’s website for the information of the community.

To ensure as many applicants received a portion of the donations budget as possible, it has been necessary to reduce the amount requested for several applicants.

A summary of each application is included in the table below, with the recommended amounts to be granted.

Organisation	Amount granted	Project details
The Australian Carriage Driving Society	$2000	NSW Combined Driving Event (CDE) State Championships at Gundagai Showgrounds.
Cootamundra Bridge Club	$1500	Financial assistance for Bridge Congress in September 2023.
Cootamundra Sports Foundation	$500	Financial assistance to young athletes in all sports, junior sporting clubs and schools to help meet their costs playing representative sport.
Reknighted	$0	Boys Mental Health workshops at Cootamundra High School, hosted by Reknighted. Did not meet criteria.
Lions Club of Cootamundra	$1250 (Includes $500 in-kind)	Annual Christmas fair and fireworks display located at Fisher Park. ($750 donation plus $500 in-kind cost of facility hire charges)
Cootamundra Veterans Week of Golf	$1000	Week of Golf for men and women over the age of 55. Sponsorship for the 54 Hole individual winners.
Cootamundra Food Bank	$2500	Purchase food for food bank Cootamundra.
Koori Kids (NAIDOC week initiative)	$0	NAIDOC week initiative. Contribution towards printing and distribution for students within councils LGA. Did not meet criteria.
Wallendbeen Public School	$100	Annual award ceremony.
Cootamundra Rifle Club	$2151	The imposition of council rates on this club is causing the club to become financially insolvent. Therefore, this donation would be used to offset rates payment for 2022/23.
The Art Centre Cootamundra	$4000	Support development of programs for the special 20-year celebrations of the Art Centre.
Stockinbingal Public School	$150	Purchase of Books.
Cootamundra and District Little Athletics	$1500	Providing athletics track and field events to children aged 3-17 years. This donation will help the club buy much needed equipment.
Cootamundra High School	$150	Annual award ceremony.
Cootamundra Public School P&C	$1000	Scavenger Hunt of Cootamundra. Promoting local attractions. History and local Businesses as part of fundraising for the school.
Gundagai High School	$600	Annual award ceremony.
Gundagai Business Network	$4000	Drop in Drinks evenings for Business owners and their staff. Designed to get businesses together to get to know each other and discuss issues and opportunities.
Stockinbingal Ellwood's Hall s.355 Committee	$500	Wi-fi Connection to Ellwood’s Hall Stockinbingal.
Soroptimist International	$3927 in-kind	Cost of hire charges for Town Hall/ Civic Centre for the Cootamundra Art Show, 28 August - 3 September 2023.
Cootamundra Rodeo and Equine Sporting Centre	$3500	New signage. Grounds are needing several signs that will give spectators, competitors and other ground users direction when attending our grounds at 149 Rodeo Drive Cootamundra.

Total	$30,328.00

Financial

At its ordinary meeting of 28 February 2023, Council allocated $30,000 for its annual community donations budget. RES 029/2023.

The total sum of the recommended grants is $30,328.00.

Please note, applications received from Lions Club of Cootamundra, and Soroptimists International have requested in-kind support to the value of $4,427 in total. These funds will be allocated to the Fisher Park and Town Hall budgets accordingly.

OLG 23a Guideline consideration

Does not conflict with guidelines.

Ordinary Council Meeting Agenda

27 June 2023

8.3 Finance

8.3.1 2023/24 Rates & Annual Charges

DOCUMENT NUMBER

391312

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

In accordance with the provisions of Section 535 of the Local Government Act 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1. ORDINARY RATES

In accordance with the provisions of Section 535 of the Local Government Act 1993 Cootamundra- Gundagai Regional Council hereby resolves to make the following rates for the 2023/24 rating year:

a) Farmland Category Rate of 0.13381 cents in the dollar, with a base amount of $448.00 per assessment, for all rateable land within the Farmland Category in Council’s area, as defined in Section 515 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2022. The base amount for the Farmland Category is estimated to realise 10.58% of the total yield in this category.

b) Residential Category Rate of 0.39883 cents in the dollar, with a base amount of $448.00 per assessment, for all rateable land within the Residential Category in Council’s area, as defined in Section 516 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2022. The base amount for the Residential Category is estimated to realise 45.44% of the total yield of this category.

c) Business Category Rate of 1.1967 cents in the dollar, with a base amount of $448.00 per assessment, for all rateable land within the Business Category in Council’s area, as defined in Section 518 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2022. The base amount for the Business Category is estimated to realise 19.42% of the total yield of this category.

d) Mining Rate of 0.29266 cents in the dollar, with a base amount of $448.00 per assessment, for all rateable land within the Mining Category in Council’s area, as defined in Section 517 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2022.

2. WASTE MANAGEMENT CHARGES

In accordance with the provisions of Sections 535, 496 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2023/24 rating year:

a) Domestic Waste Management Charge of $499.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 120 litre bin for domestic rubbish and a fortnightly service of one 240 litre bin for recyclable domestic rubbish.

b) Green Waste/Organics Charge of $65.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for green domestic waste.

c) Residential Waste Management – Other Charge of $499.00 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 140 litre bin for domestic rubbish, a fortnightly service of one 240 litre bin for recyclable domestic rubbish. (Ratepayers for whom this service is requested and available, may also elect to be provided with a Green Waste/Organics service subject to the charge as noted in d) below.)

d) Green Waste/Organics Charge – Other Charge of $65.00 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for domestic green waste

e) Rural Waste Charge of $75.00 on each parcel of rateable land outside the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas, and for which there is no service being provided as noted in c) above.

f) Commercial Waste Management Charge of $499.00 per service for the removal of waste (one 240 litre general waste pickup per week and one 240 litre recyclable waste pickup per fortnight) from Non-Residential properties for which the service is requested and available. Multiple services will be charged for multiple bins and/or collections per week.

g) Unoccupied (Vacant Land) Waste Charge of $75.00 on each parcel of rateable land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas for which a domestic waste management service is available, but the land is vacant and unoccupied.

3. STORMWATER MANAGEMENT SERVICE CHARGE

In accordance with the provisions of Section 535, 496A and 510A of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual stormwater management service charges, in respect of occupied rateable land within the urban area of Cootamundra, excepting Council owned or controlled parks, land and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, for the 2023/24 rating year:

a) Residential Stormwater Management Charge of $25.00 per annum per residential assessment of occupied rateable land within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, and excluding land that is part of a residential strata allotment.

b) Residential Strata Stormwater Management Charge of $12.50 per annum per residential Strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993.

c) Business (Non-Residential) Stormwater Management Charge of $25.00 for each 350 square meters of area of land or part thereof of land categorised as business, subject to a minimum of $25.00 per annum per assessment and a maximum charge of $250.00 per annum per assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993.

c) Business (Non-Residential) Stormwater Management Charge being the greater of $5.00, or the assessment’s proportion of the charge that would apply if the total land area was not strata’d, per annum per business strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993.

4. ON-SITE SEWERAGE MANAGEMENT ADMINISTRATION CHARGE

In accordance with the provisions of Sections 535 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2023/24 rating year:

On-Site Sewerage Management Administration Charge of $50.00 per annum for properties for which on-site sewerage services are available and connected.

5. WATER CONSUMPTION CHARGES

In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following water consumption charges for the 2023/24 rating year:

a) Water Usage Charge of $2.24 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $3.36 per kilolitre for water usage exceeding 39 kilolitres per quarter, for all land connected to the water supply, excepting that land as identified as subject to the charges in 5.b) below.

b) Non-Residential Community Water Usage Charge of $1.77 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $2.52 per kilolitre for usage exceeding 39 kilolitres per quarter, for land to which the water supply is available and connected and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Usage charges.

6. NON-RESIDENTIAL SEWER USAGE CHARGES

In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following non-residential sewer usage charges for the 2023/24 rating year:

Non-Residential Sewer Usage Charge of $2.98 per kilolitre of the volume of sewerage discharged. The volume of sewerage discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the sewerage discharge factors (SDF) for the predominant use of the land as follows:

PROPERTY USE	SDF %
Concrete Plant, Park Watering	2
Pool	10
Bowling Green, Clubhouse	20
Caravan Park	60
Community use (as defined in Community Based Not For Profit Organisations)	50
Hospital, Motel	85
General business, RLPB, Pharmacy, Medical Centre, Bakery, Restaurant/Hotel/Club, Takeaway food, McDonalds, Service Station, Dentist, Butcher, Hairdresser, Supermarket, Carwash	95
Sewer Well	100

7. WATER ACCESS CHARGES

The annual water access charges as identified below are charged quarterly in arrears.

In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual water access charges for the 2023/24 rating year:

a) Residential Water Access Charge on residential land to which the water supply is available and connected, excluding land that is part of a residential strata allotment, in accordance with the number and size of water service meters connected to the land as follows:

Water Meter Size	Annual Charge
20mm	$448.00
25mm	$701.00
32mm	$1,149.00
40mm	$1,794.00
50mm	$2,804.00
63mm	$4,452.00
75mm	$6,309.00
80mm	$7,178.00
100mm	$11,216.00

b) Residential Strata Water Access Charge of $448.00 per annum per residential Strata assessment for which the water supply is available and connected.

c) Non-Residential Water Access Charge in respect of non-residential land to which the water supply is available and connected, excluding land that is part of a strata allotment and that land that is identified as liable for charges outlined in 7.e) below, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$448.00
25mm	$701.00
32mm	$1,149.00
40mm	$1,794.00
50mm	$2,804.00
63mm	$4,452.00
75mm	$6,309.00
80mm	$7,178.00
100mm	$11,216.00

d) Non-Residential Strata Water Access Charge of $448.00 per annum per non-residential Strata assessment for which the water supply is available and connected.

e) Non-Residential Community Water Access Charge in respect of non-residential land to which the water supply is available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Access charges, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$224.00
25mm	$350.00
32mm	$574.00
40mm	$897.00
50mm	$1,402.00
80mm	$3,590.00
100mm	$5,608.00

8. VACANT WATER ACCESS CHARGES

In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual vacant water access charges for the 2023/24 rating year:

a) Vacant Residential Water Access Charge of $448.00 per annum per residential assessment to which the water supply is available but not connected.

b) Vacant Non-Residential Water Access Charge of $448.00 per annum per non-residential assessment to which the water supply is available but not connected.

c) Vacant Non-Residential Community Water Access Charge of $224.00 per annum per non-residential assessment whereby Council has by resolution identified the assessment as being subject to the Vacant Non-Residential Community Water Access Charge.

9. SEWER ACCESS CHARGES

The annual sewer access charges as identified below are charged quarterly in arrears.

In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual sewer access charges for the 2023/24 rating year:

a) Residential Sewer Access Charge of $673.00 per annum per residence to which sewerage services are available and connected.

b) Non-Residential Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, excepting land identified as liable for the charges as outlined in 9.c) below, in accordance with the number and size of the water service meters connected to the land as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$561.00
25mm	$673.00
32mm	$785.00
40mm	$1,076.00
50mm	$1,346.00
63mm	$1,695.00
75mm	$2,019.00
80mm	$2,152.00
100mm	$2,692.00

c) Non-Residential Community Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Sewer Access charges, in accordance with the number and size of water service meters connected to the land as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$280.00
25mm	$336.00
32mm	$391.00
40mm	$538.00
50mm	$673.00
80mm	$1,076.00
100mm	$1,346.00

10. VACANT SEWER ACCESS CHARGES

a) Vacant Residential Sewer Access Charge of $393.00 per annum per residential assessment to which the water supply is available but not connected.

b) Vacant Non-Residential Sewer Access Charge of $393.00 per annum per non-residential assessment to which the water supply is available but not connected.

c) Vacant Non-Residential Community Sewer Access Charge of $196.00 per annum per non-residential assessment to which sewerage services are available but not connected, and whereby Council has by resolution identified the assessment as being subject to Vacant Non-Residential Community Access Charges.

11. LIQUID TRADE WASTE CHARGES

The annual trade waste charges as identified below are charged bi-annual in arrears. In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Council hereby resolves to make the following trade waste charges for the 2023/24 rating year:

a) Trade Waste Annual Fee on non-residential land connected to the sewerage service of $250.00 where liquid trade waste is discharged.

b) Trade Waste Usage Charge on (Category 2) non-residential land connected to the sewerage service of $4.33 per kilolitre of the estimated volume of liquid trade waste discharged to the sewerage system with prescribed pre-treatment. The volume of liquid trade waste discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the trade waste discharge factors (TWDF) for the predominant use of the property as follows:

PROPERTY USE	TWDF %
Concrete Plant, Park Watering & Sewer Well	1
Pool, Bowling Green, Clubhouse & General Business	10
RLPB, Pharmacy, Medical Centre	20
Caravan Park, School & Bakery, Community use (as defined in Community Based Not For Profit Organisations)	25
Motel, Restaurant, Hotel, Club	30
Takeaway food	50
McDonalds	62
Service Station	70
Dentist	80
Hospital	85
Butcher, Hairdresser, Supermarket, Carwash	90

12. INTEREST ON OVERDUE RATES & CHARGES

Interest on overdue rates and charges for the 2023-24 rating year has been set by Council at the maximum rate of interest payable as determined by the Minister of Local Government of 9.0% per annum, calculated daily, in accordance with Section 566 of the Local Government Act 1993.

13. COMMUNITY BASED NOT FOR PROFIT ORGANISATIONS

Cootamundra-Gundagai Regional Council hereby resolves to make the assessments shown below as being those assessments to which Non-Residential Community Water Access Charges, Non-Residential Community Sewer Access Charges, Non-Residential Community Water Usage Charges, and Community Use Sewerage and Trade Waste Discharge Factors shall apply as follows:

Assessment	Name of Owner/Occupier	Use of Land

Religious Organisations
10001451	Sacred Heart Parish	Convent and Place of Worship
10001477	Catholic Church Trustees	Place of Worship
10001485	Catholic Church Trustees	Minister's Residence/Place of Worship
10008142	Presbyterian Church	Place of Worship
10013340	Jehovah's Witnesses Congregations	Place of Worship
10013423	Salvation Army	Minister's Residence/Place of Worship
10015444	Church Of the Foursquare Gospel	Place of Worship
10015832	Baptist Church Of NSW	Place of Worship
10017119	Anglican Church Property Trust Diocese	Minister's Residence/Place of Worship
10017135	Anglican Church of Australia	Place of Worship
10029445	Uniting Church	Church Hall and Place of Worship
10029478	Uniting Church	Place of Worship
10039766	Australasian Conference Association Ltd	Place of Worship
11011715	Anglican Church Property Trust Dc & G	Place of Worship

11018389	Anglican Church Property Trust Dc & G	Place of Worship
11019627	Roman Catholic Church	Place of Worship

Local Sporting, Charitable & Community Groups
10006328	Society of St Vincent de Paul	Public Charity
10008399	Boy Scouts Association	Community Group
10008431	Cootamundra Ex-Servicemen's and Citizens Club	Community Facility
10008837	Australian Red Cross Society	Public Charity
10008845	Australian Red Cross Society	Public Charity
10009660	Showground Users Committee	Community Facility
10010320	The Cootamundra Country Club Ltd	Community Facility
10010882	CADAS Coota West	Community Group/Facility
10011955	Southern Cross Care - Retirement Village	Community Facility
10012060	Elouera Association Incorporated	Public Charity/Community Organisation
10015725	Cootamundra Wattle Guides	Community Group/Facility
10017556	Cootamundra Squash Assoc	Community Sporting Facility
10018877	Elouera Association Incorporated	Public Charity/Community Organisation
10030450	Town Tennis Club	Community Sporting Facility
10030468	Cootamundra Rugby League Club	Community Sporting Facility
10033223	Cootamundra Preschool Incorporated	Community Facility
10035780	Cootamundra Lions Club	Community Group
10039246	Coota Health Care Co-Op - Nursing Home	Community Facility
10039865	Elouera Cootamundra Assn Pty Ltd	Public Charity/Community Organisation
10045698	Cootamundra Strikers Soccer Club	Community Sporting Facility
10046159	Elouera Association Incorporated	Public Charity/Community Organisation
11011913	Gundagai Pre-School Kindergarten	Community Facility
11015922	Gundagai Common Trust	Community Group/Facility
11016136	Gundagai Racecourse and Showground Land	Community Sporting & Rec Facility
11019452	Gundagai District Services Club Ltd	Community Facility
11019460	Gundagai District Services Club Ltd	Community Facility
11019569	Valmar Support Services Ltd	Community Facility
11019965	Gundagai District Services Club Ltd	Community Facility
11019973	Gundagai District Services Club Ltd	Community Facility
11021318	Gundagai Scout Group	Community Group/Facility
11021730	Gundagai District Services Club Ltd	Community Facility
11032836	Gundagai Historic Bridges Committee Inc.	Community Group/Facility
11037132	South Gundagai Common Trust	Community Group/Facility

Introduction

Section 535 of the Local Government Act, 1993 requires that rates and charges must be made by resolution of Council.

Discussion

The provisions of Section 532 of the Local Government Act, 1993 specify that a council must not make a rate or charge until it has given public notice (in accordance with Section 405(3)) of its Draft Operational Plan for the year for which the rate or charge is to be made and has considered any matters concerning the Draft Operational Plan (in accordance with Section 405(5)).

Council has fulfilled the public notice obligation and the rates and charges for 2023-24
must be made by resolution of Council.

On 14 May 2021, the NSW Independent Pricing and Regulatory Tribunal (IPART) approved a Special Rate Variation for Cootamundra-Gundagai Regional Council consisting of the following annual and cumulative increases to Council’s general income, to remain permanently in Council’s general income, inclusive of the annual rate pegging increase approved by IPART (3.7% for the 2023-24 financial year).

Year	Annual Increase in	Cumulative Increase
	General Income	in General Income
2021-22	20.0%	20.0%
2022-23	16.0%	39.2%
2023-24	5.0%	46.2%
2024-25	5.0%	53.5%

The Special Rate Variation previously approved for the former Gundagai Shire Council will be retained in Council’s general income base for 10 years from June 2014, and from 1 July 2024, Council’s general income will be reduced by the amount of that expiring Special Rate Variation.

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

27 June 2023

8.3.2 Restricted Cash Reconciliation

DOCUMENT NUMBER

392690

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 31 May 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.

	Bal 30 June 2022	Transfers To	Transfers From	Bal 31 May 2023
Aerodrome Bitumen Resurfacing	165,588		0	165,588
Bradman's Birthplace	94,798	0	(461)	94,337
Cootamundra Caravan Park	149,516	27,449	(4,115)	172,849
Heritage Centre	23,623	2,521	0	26,144
Development - Land & Buildings	2,359,693	0	(1,177,000)	1,182,693
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
Plant Replacement	2,244,471	3,967,932	(3,583,647)	2,628,756
Saleyards	18,078	130,502	(163,180)	0
Swimming Pool Pump & Equipment	0	0	0	0
Cemetery	44,677	321,886	(269,430)	97,133
Southern Phone	602,536	0	(439)	602,097
Waste Management	2,746,407	2,636,025	(4,882,432)	500,000
	10,864,739	7,099,170	(10,080,704)	7,897,804

Externally Restricted Reserves
Domestic Waste	1,038,570	2,000,384	(819,398)	2,219,556
Water Supply	7,099,851	1,521,906	(729,411)	7,892,346
Sewerage Service	5,317,544	2,614,954	(1,181,447)	6,751,051
Stormwater Infrastructure Renewal	179,184	127,226	0	306,410
New Council Implementation Fund (2)	0	0	0	0
Developer Contributions	587,380	109,855	(878)	696,357
General Fund Unspent Grants & Contributions	7,279,701	6,697,820	(1,865,973)	12,111,548
	21,502,230	13,072,146	(4,597,108)	29,977,268
TOTALS	32,366,970	20,171,316	(14,677,812)	37,875,073

Restricted Cash Reconciliation

Restricted Cash	37,875,073
Cash at 31 May 2023	27,026,701
Unrestricted Balance	(10,848,372)
Grant Debtors Outstanding	1,880,891
Grants Completed but not Acquitted	770,135
Balance	(8,197,345)

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

27 June 2023

8.4 Sustainable Development

8.4.1 Development Application Modification - DA 2019/143.6 Mod 5 - Tumblong Reserve Road, Tumblong

DOCUMENT NUMBER

391519

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.3 A region that can accommodate and support strategic growth

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. Attachment 1: Development Assessment Report ⇩

2. Attachment 2: Peer Review ⇩

Recommendation

That Council grants approval to the proposed modification, subject to the consent conditions below:

A. Application No.: DA 2019/143.6

B. Property: Lot: 10 DP: 1210362, Lot: 7004 DP: 1028797, Lot 7300 DP 1148008,

Lot: 3 DP: 702858

Tumblong Reserve Road TUMBLONG,

282 Tumblong Reserve Road TUMBLONG,

68 Tumblong Reserve Road TUMBLONG

C. Original Development: Inert Landfill Waste Facility – approved 29 June 2020.

D. Modification Description: Construction of an additional 25ML temporary leachate

storage pond and associated perimeter bunds on Lot 3 DP702858

This Notice of Determination for modification is granted subject to the following conditions:

1. The Applicant shall carry out the development in accordance with the plans and supporting documentation recommendations and specifications submitted in support of the application including the Environmental Impact Statement, Part A Rev 2 (dated November 2019) and prepared by Salvestro Planning and InSitu Advisory, and documentation submitted in relation to modification DA2019.143 MOD 5 – Temporary Leachate Pond.

Note: Attachment A – General Terms of Approval – NSW Environment Protection Authority form part of this consent. The applicant must also adhere to the conditions contained in Attachment A.

Attachment B – Special Conditions - NSW Environment Protection Authority. The applicant must also adhere to the conditions contained in Attachment B.

[as amended by DA2019/143 MOD 1, approved 29 September 2020]

Insertion of the following conditions

TEMPORARY LEACHATE POND

E. The temporary leachate pond on Lot 3 DP 702858 is to be decommissioned five (5) years from the date of the transfer of leachate from Cell 2 to the temporary leachate pond.

F. No leachate from the temporary leachate pond is to be transferred back to the landfill site (Lot 7004 DP 1028797 and Lot 7300 DP 1148008) to either Cell 1, Cell 2 or the originally approved 3.47ML leachate pond without effective treatment to immobilise the dissolved salts as outlined in Tumblong Landfill – Leachate Odour Mitigation and Management Advice (The Odour Unit, 11 May 2023).

G. Prior to any transfer of treated leachate out of the temporary leachate pond to the landfill site, the leachate is to be tested and a report submitted to Council to confirm that the leachate in the temporary leachate pond has been effectively treated and is able to be disposed of via evaporation and irrigation without any risk of odour impact.

PRIOR TO THE TRANSFER OF LEACHATE TO THE TEMPORARY LEACHATE POND

H. Prior to the transfer of any leachate to the temporary pond on Lot 3 DP 702858, an easement is to be created over Lot 3 DP 702858 benefitting Lot 7004 DP 1028797 and Lot 7300 DP 1148008. The easement is to permit the temporary storage of leachate from the landfill on 7004 DP 1028797 and Lot 7300 DP 1148008, on Lot 3 DP 702858.

I. The Applicant shall install a suitable fence around the temporary leachate pond and associated bunds and filter beds.

TRANSFER OF LEACHATE TO THE TEMPORARY LEACHATE POND

J. Leachate stored in Cell 2 of the Waste Facility, is to be transferred to the temporary leachate pond, in accordance with the recommendations as outlined in Tumblong Landfill – Leachate Odour Mitigation and Management Advice (The Odour Unit, 11 May 2023).

REMOVAL OF THE TEMPORARY LEACHATE POND

K. Within Twelve (12) months of the transfer of leachate to the temporary leachate pond, the applicant is to submit to Council a plan for the decommissioning of the temporary pond, and the rehabilitation of the area.

L. After decommissioning of temporary leachate pond, and restoration of the site, the following documentation is to be submitted to Cootamundra-Gundagai Regional Council within thirty (30) days of the completion of works;

a. Written notification that the site has been rehabilitated and that works have been completed,

b. Written certification that there has been no impact on the immediate environment, and that the site is suitable for agricultural use.

ATTACHMENT B - NSW ENVIRONMENT PROTECTION AUTHORITY

Special Conditions

E7 Leachate Pond

E7.1 The licensee must construct a leachate pond in accordance with the concept design contained in Tumblong Landfill – Odour Mitigation and Management Advice, prepared by The Odour Unit and InSitu Advisory and dated 10 November 2022.

E7.2 Prior to the construction of the leachate pond, the licensee must prepare a Construction Quality Assurance (CQA) Plan that addresses the matters set out in the Environmental Guidelines: Solid Waste Landfills, Minimum Standards Part 11 (EPA, 2016). It must specify tests, inspections and other procedures that the licensee will implement during construction of the pond to ensure compliance with the approved designs and specifications.

E7.3 Following the construction of the leachate pond, the licensee must submit to the EPA by electronic mail to info@epa.nsw.gov.au for approval a Construction Quality Assurance (CQA) Report. The licensee must not deposit leachate in the pond subject to this modification until the EPA has approved the CQA Report for the completed leachate pond and provided approval in writing to commence this operation. The CQA Report must contain:

A) Details and evidence of the works installed, the testing conducted and the quality assurance procedures implemented;

B) An account of any variation to the approved designs, methods and specifications and CQA Plan; and

C) An opinion by an appropriately qualified and experienced construction quality assurance practitioner on the conformance of the works with the approved designs, methods, specifications and CQA Plan.

All other conditions remain as previously approved.

Introduction

This report assesses the modification to the development DA2019.143. The Inert Landfill Waste Facility was approved as a deferred commencement subject to conditions on 29 June 2020 by Southern Regional Planning Panel. Deferred commencement conditions satisfied, and operational consent issued 20 July 2020. The waste facility is licenced to accept waste from the VISY Pulp and Paper Mill in Tumut, and can only accept machine rejects, dregs and grits, boiler sand/fly ash and recrystallisation plant residue.

The proposal seeks to modify the consent by constructing a 25ML covered leachate pond and associated bunds and equipment, including carbon filters on Lot 3 DP 702585, to;

· temporarily store the leachate currently stored in Cell 2,

· mitigate odours and

· emergency storage.

Discussion

The assessment of the application has considered all relevant matters under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). See development assessment report and consolidation Consent Conditions (Attachment 1). It is considered that the development meets all relevant environmental and amenity criteria and that the development is in the public interest and is recommended for approval, subject to the addition of the proposed conditions of consent.

On the 28 March Council resolved to place the Draft Managing Conflicts of Interest: Council-related Development Policy on Public exhibition. The Policy was in force from 29 April 2023. Although the development was lodged prior to the exhibition of the Draft Policy, as this application relates to Council owned land (Lot: 7004 DP: 1028797and Lot 7300 DP 1148008), this assessment, completed by Council staff, has been subject to peer review by an independent contractor (Attachment 2).

Financial

There are no financial implications to this report.

OLG 23a Guideline consideration

There are no impacts or considerations in regard to the 23a Guidelines.

Ordinary Council Meeting Agenda

27 June 2023

8.4.2 Development Application - 2023/47 - 56 Crown Street Cootamundra

DOCUMENT NUMBER

393489

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.3 A region that can accommodate and support strategic growth

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. Development Assessmnet Report DA 2023/47 ⇩

Recommendation

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

· Application No: DA2023/47

· Property: Lot 1 DP725160

56 Crown Street

COOTAMUNDRA NSW 2590

· To demolish the existing Shed and construct a new Shed

GENERAL CONDITIONS

(1) GEN Condition - Compliance Standards

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

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

(2) GEN Condition - Compliance with Council

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

Document Reference	Description	Author	Date
	Site plan	Applicant
#WSS230539-3	Shed plans	Apex Engineering Group PTY LTD (widespan sheds)	24/02/2023

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

(3) GEN Condition - Utilities

Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.

Reason: To ensure that any public utilities are maintained and protected from damage.

(4) Gen Condition – Not certify compliance with BCA or NCC

The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.

Reason: This consent does not certify compliance with the BCA or NCC.

PRIOR TO COMMENCEMENT OF WORKS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) PCW Condition – Signage.

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

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

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

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

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

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

(3) PCW Condition – Notice of Commencement.

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

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

(4) PCW Condition – Builders Toilets.

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

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

(5) PCW Condition – Residential Building Work.

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

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

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

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

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

a. The name of the owner-builder and,

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

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

Reason: Statutory compliance.

(6) PCW Condition – Siting of Building.

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

Reason: To ensure the development is carried out correctly on the allotment.

(7) PCW Condition – Waste Storage During Construction.

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

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

(8) PCW Condition – Soil Erosion Control.

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

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

(9) PCW Condition – Second Hand Materials.

No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.

Reason: To ensure the external appearance of the building is maintained to an acceptable standard.

(10) PCW Condition – Underground Services.

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

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

DURING CONSTRUCTION

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

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

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

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

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

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

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

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

(3) DUR Condition – Footpath Storage.

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

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

(4) DUR Condition – Waste Removal.

All debris and any waste fill are to be removed from the site and disposed of at an approved, licensed waste facility. Please note that a separate fee applies for disposal of waste at Council's waste depots. You should contact Council for an estimate of costs in this regard or refer to Council’s adopted Fees and Charges.

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

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

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

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

(6) DUR Condition – Driveway and Layback.

The provision of an adequate vehicle access, including the provision of an invert crossing at the kerb and gutter is required to be installed as part of the development. The installation of the vehicle access and kerb and gutter crossing are to be constructed in accordance with Councils 'Typical vehicle kerb and gutter crossing KG 65/1'.

Twenty four (24) hours’ notice is to be given to Council's Works & Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.

Reason: To ensure appropriate vehicle access is provided to the development which does not adversely impact on pedestrian traffic or Council's public road infrastructure.

(7) DUR Condition - BCA Compliance.

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

Reason: To ensure the building complies with the BCA.

(8) DUR Condition – Inspections.

The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 58 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

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

(9) DUR Condition – Restricted Public Access.

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

Reason: To ensure public safety is maintained.

(10) DUR Condition – Storm Water.

Storm water is to be discharged: -

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

2. , and any overflows to be without nuisance

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

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

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

Reason: To minimise the opportunity for ponding and flooding.

POST CONSTRUCTION

(1) POC Condition – Occupation of Building.

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

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

ONGOING USE

(1) USE Condition – Business Use.

The structure is not to be let, adapted or used for separate occupation or commercial purposes.

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

(2) USE Condition – Carport Enclosure Prohibited.

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

Reason: attached carport is not approved as an enclosed structure and requires approval to enclose.

(3) USE Condition – Clean and Tidy.

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

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

(4) USE Condition –Amenity General.

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

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

(5) USE Condition – Non Habitable Use.

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

Reason: Health and safety prohibition.

Introduction

This report assesses a development application (DA2023/47), for the demolition of existing shed and erection of a new shed and attached carport, on Lot: 1 DP: 725160, 56 Crown Street Cootamundra. The application is referred to full Council for determination, as the application seeks to vary the secondary setback to O’Donnell Street for the new structure to be 300mm from the secondary street frontage.

Discussion

The assessment of the application has considered all relevant matters under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). The assessment compares relevant sections of the Cootamundra DCP 2013 and concludes that the overall design of the development is appropriate in the context of the area and the streetscape, and the location and visual impacts of the structure is similar to other similar shed structures in the locality, and will have minimal environmental impact. In this instance the variation is justified. See development assessment report (Attachment 1).

It is considered that the development meets all relevant environmental and amenity criteria and that the development is in the public interest and is recommended for approval, subject to the standard conditions of consent for a new shed.

Financial

There are no financial impacts to this development.

OLG 23a Guideline consideration

There are no impacts or considerations in regard to the 23a Guidelines.

Ordinary Council Meeting Agenda

27 June 2023

8.4.3 Development Application - 2023/50 - 20 Lawrence Street Cootamundra

DOCUMENT NUMBER

393490

REPORTING OFFICER

Sally Atkinson, Acting Manager Development, Building and Compliance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.3 A region that can accommodate and support strategic growth

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. Development Assessment Report DA 2023/50 ⇩

Recommendation

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

· Application No: DA2023/50

· Property: Lot 2 DP 568167

20 Lawrence Street

COOTAMUNDRA NSW 2590

· To construct a Carport and relocation of existing Garden Sheds

GENERAL CONDITIONS

(1) GEN Condition - Compliance Standards

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

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

(2) GEN Condition - Compliance with Council

Document Reference

Description

Author

Date

Proposed carport site plan

20 Lawrence street- proposed carport & garden sheds

Coota design

Proposed carport – floorplan, elevations, section

Coota design

26.4.23

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

(3) GEN Condition - Utilities

Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.

Reason: To ensure that any public utilities are maintained and protected from damage.

(4) Gen Condition – Not certify compliance with BCA or NCC

The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.

Reason: This consent does not certify compliance with the BCA or NCC.