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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 22nd August, 2023
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 22nd August, 2023
Administration Centres: 1300 459 689 |
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22 August 2023 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Meeting Centre, Cootamundra
ON Tuesday, 22 August
2023 AT 6:00PM
PRESENT: Cr Charlie Sheahan (Mayor), Cr Leigh Bowden (Deputy Mayor), Cr Les Boyd, Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Gil Kelly, Cr Abb McAlister, Cr Penny Nicholson
IN ATTENDANCE: Steve McGrath (Interim General Manager), Paul Woods (Interim Deputy General Manager - CCD), Matt Stubbs (Deputy General Manager - Operations), Linda Wiles (Manager Business), Michael Mason (Interim Manager Sustainable Development), Mark Ellis (Manager Engineering Cootamundra)
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.
Nil
3.1 Apologies
Nil
3.2 Leave of Absence
Nil
Nil
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 25 July 2023 |
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Resolution 203/2023 Moved: Cr Penny Nicholson Seconded: Cr Trevor Glover 1. The Minutes of the Ordinary Meeting of Council held on Tuesday 25 July 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 25 July 2023 be confirmed as a true and correct record of the meeting. |
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Resolution 204/2023 Moved: Cr David Graham Seconded: Cr Les Boyd The information in the Councillor Engagements Mayoral Minute be received and noted. |
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Resolution 205/2023 Moved: Cr David Graham Seconded: Cr Gil Kelly The information in the Mayoral Minute be received and noted. |
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7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 10 August 2023 |
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Resolution 206/2023 Moved: Cr Leigh Bowden Seconded: Cr David Graham 1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 10 August 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 a NO STOPPING zone be installed for 42 metres northbound along the western side of Hovell Street, commencing from the Temora Street intersection, due to visibility issues caused by parked vehicles. 2.2. That the NO STOPPING sign located at the rear door of the Outback Bakery on Cooper Lane be replaced with a LOADING ZONE sign in order to provide a safe delivery location for associated businesses. 2.3. Item 2.3 is to be refereed back to the CGRC Local Traffic Committee for clarification around signage. 2.4. That a designated disabled car space be installed on the Bourke Street side of 46 Cooper Street, Cootamundra to accommodate JMA Legal customers requiring disability friendly access to the administration office. 2.5. That NO PARKING signs be installed to prevent vehicles blocking access to the storage units and mechanic’s workshop at 84 Sheridan Street, Gundagai. 2.6. That the REVERSE ANGLE PARKING sign situated next to the driveway at 66 Thompson Street, Cootamundra be relocated 3 meters north of the driveway entrance to improve driveway navigation and safety. 2.7. That Cootamundra-Gundagai Regional Council apply with the Tourist Attraction Signposting Assessment Committee for tourism signage on Olympic Highway directing road users to the newly designated recreational vehicle rest stop and camping ground on the outskirts of Cootamundra. 2.8. That approval be given for the Cootamundra Community of Schools to hold the 2023 Book Week Parade on the 25 August 2023 subject to the following conditions: a) The temporary closure of Parker Street between Adams and McKay Street between 10:45am and 11:30am, including Bourke Street at Parker Street and the Woolworths carpark entry exit at Parker Street; b) That all businesses along the route be advised and road closures be advertised throughout the community; c) The event organiser complies with any conditions set by Council and the NSW Police; d) A Police escort is organised for the duration of the parade by the event organiser; e) The Event Risk Assessment and Hazard Summary forms associated with the Event Management Plan are completed and submitted to Council; f) A current Certificate of Currency is submitted to Council noting Council, TfNSW and NSW Police as interested parties; g) Council to provide a Traffic Guidance Scheme and qualified traffic controllers; h) Council to arrange the placement and removal of all road barriers. 2.9. That approval be given to the Wallendbeen Community Association to hold Sambafest 2023 on the afternoon and evening of 30 September subject to the following conditions: a) The temporary closure of sections of King Street, Lackey Street and Hoskins Street, including the intersection, surrounding the Wallendbeen Hotel from 3pm until midnight; b) An Event Management Plan is completed and submitted to Council; c) A Traffic Guidance Scheme is completed and submitted to Council; d) A current Certificate of Currency is submitted to Council noting Cootamundra-Gundagai Regional Council, TfNSW and NSW Police as interested parties; e) The event organiser complies with any conditions set by Council and the NSW Police 2.10. That Council install a NO STOPPING sign at the compliant distance north of the Hovell Street intersection on Parker Street to improve visibility of oncoming traffic. |
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Resolution 207/2023 Moved: Cr David Graham Seconded: Cr Penny Nicholson Council accept the offer from the NSW Government to enter the funded Community Recovery Officer (CRO) Program. |
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Resolution 208/2023 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The motions for submission to the 2023 Local Government NSW Annual Conference, listed below, be submitted to LGNSW by Friday 15 September 2023; 1. Demerger of Cootamundra-Gundagai Regional Council 2. Review of Local Government Act 1993 3. Financial Assistance Grants |
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Resolution 209/2023 Moved: Cr Abb McAlister Seconded: Cr Trevor Glover The attendance of the Mayor on the first day, and Cr Glover on the second day, and one (1) appropriate staff member, at the REROC Energy and Innovation Conference, be endorsed. |
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Resolution 210/2023 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins The Minutes of the Country Mayors Association Meetings held on 4 August 2023, attached to the report, be received and noted. |
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8.1.5 Riverina Eastern Regional Organisation of Councils (REROC) and Riverina Joint Organisation (RivJO) Meeting Minutes |
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Resolution 211/2023 Moved: Cr David Graham Seconded: Cr Les Boyd The draft Minutes of the Riverina Eastern Regional Organisation of Councils (REROC) and Riverina Joint Organisation (RivJO) Board Meetings held on 23 June 2023, attached to the report, be received and noted. |
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8.2.1 Delivery Program/ Operational Plan Quarterly Progress Report |
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Resolution 212/2023 Moved: Cr Logan Collins Seconded: Cr Penny Nicholson The Delivery Program incorporating the Operational Plan 2022/2023, quarterly progress report, (4th Quarter April to June), attached to the report, be received and noted. |
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8.2.2 Muttama Hall Management s.355 Committee Meeting Minutes and Fees |
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Resolution 213/2023 Moved: Cr Trevor Glover Seconded: Cr Abb McAlister The Minutes of the Muttama Hall Management s.355 Committee Meetings held, 12 July 2023, attached to the report, be received and noted. |
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8.2.3 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes and Membership |
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Resolution 214/2023 Moved: Cr David Graham Seconded: Cr Logan Collins The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 27 July, 2023 attached to the report, be received and noted. |
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8.2.4 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
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Resolution 215/2023 Moved: Cr Logan Collins Seconded: Cr Les Boyd The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 5 June 2023, attached to the report be, received and noted. |
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Resolution 216/2023 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The report detailing Council Cash and Investments as at 30 July 2023, be received and noted. |
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8.4.1 Development Application - 2023/32 - 79 Hurley Street Cootamundra |
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Resolution 217/2023 Moved: Cr Trevor Glover Seconded: Cr Abb McAlister That Council approve the following development subject to the consent conditions below: · Application No: DA2023/32 · Property: Lot A DP414532 79 Hurley Street COOTAMUNDRA NSW 2590 · To construct an 80m2 colorbond clad shed ancillary to the existing Dwelling
GENERAL CONDITIONS (1) GEN Condition - Compliance Standards
Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council
The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
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 (5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) PCW Condition – Siting of Building.
The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.
Reason: To ensure the development is carried out on the correct allotment.
(11) 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.
(12) 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.
(13) 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.
(14) 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 (15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) 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.
All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure that adequate time is given of required inspections.
(21) 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.
(22) DUR Condition – Storm Water.
Storm water is to be discharged: -
1. To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter
Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system
(23) 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 (24) 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 (25) USE Condition – Business Use.
The shed not being let, adapted or used for separate occupation or commercial purposes.
Reason: Development consent is required for any activity other than residential.
(26) 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.
(27) 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.
(28) 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.
SPECIAL CONDITIONS - ATTACHMENT A (Essential Energy) 1. Essential Energy’s records indicate existing LV overhead powerlines (laneway) are impacted by the proposal: a. The proposed shed (closest part – eaves, guttering) must maintain a minimum clearance of 2.945 metres (horizontally) from the nearest conductor. b. Minimum safety clearance requirements are to be maintained at all times for any proposed driveway access and/or exit (concrete crossovers), as such driveway access will pass under Essential Energy’s existing overhead powerlines located on the laneway frontage of the property. The driveway must comply with clearances for trafficable land, ground clearances must be maintained. Refer Essential Energy’s policy CEOM7106.25 Minimum Clearance Requirements for NSW and the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. c. Any proposed driveway access and/or exit (concrete crossovers) must remain at least 1.0 metre away from any electricity infrastructure (power pole, streetlight) at all times, to prevent accidental damage. d. Any excavation works in this area or works on any proposed driveway must comply with ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. e. Any landscaping, tree planting, gardens, fencing in this area must comply with ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure.
2. If required, the Applicant will need to engage the services of an Accredited Service Provider to ensure adequate provision of power is available to the proposed shed in accordance with NSW Service and Installation Rules. A Level 2 Electrician will be able to advise on these requirements and carry out the required work to ensure compliance. 3. The existing overhead service connecting the adjoining property (at the rear) will also need to comply with the NSW Service and Installation Rules, in particular to clearances to the proposed shed.. This may mean that this existing service will need to be re-located, at the Applicant’s expense. A Level 2 Electrician will be able to advise on these requirements and carry out the required work to ensure compliance. Essential Energy also makes the following general comments: 1. If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment. 2. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with. 3. In addition, Essential Energy’s records indicate there is overhead electricity infrastructure located within the property and within close proximity of the property. Any activities within this location must be undertaken in accordance with ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the property encroach on the electricity infrastructure. 4. Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW). 5. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines/Underground Assets. 6. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines/Underground Assets.
Carried |
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Resolution 218/2023 Moved: Cr Logan Collins Seconded: Cr Penny Nicholson The CGRC Engineering Report for the month of August 2023 be noted. |
Nil
8.7 Regional Services Gundagai
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Resolution 219/2023 Moved: Cr David Graham Seconded: Cr Les Boyd Regional Services Gundagai Works report for August 2023 be noted. |
8.8 Regional Services Cootamundra
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Resolution 220/2023 Moved: Cr Logan Collins Seconded: Cr Gil Kelly The Regional Services Department Cootamundra Monthly Report for July 2023, be received and noted. |
9 Motion of which Notice has been Given
Nil
Nil
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Resolution 221/2023 Moved: Cr Gil Kelly Seconded: Cr Logan Collins 1. Items 11.2, 11.3 and 11.4 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed. 2. In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Items 11.2, 11.3 and 11.4 be withheld from the press and public. |
Resumption of Open Council Meeting
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Resolution 222/2023 Moved: Cr Logan Collins Seconded: Cr Abb McAlister The Open Council meeting resume. |
Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
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Resolution 224/2023 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson 1. Council adopt the Cootamundra Voluntary Purchase Feasibility Assessment noting that the Assessment will remain confidential because it contains information on individual properties and information related to confidential discussions with each property owners. 2. Council submit an application for grant funding with a view to implementing the Voluntary Purchase Scheme in the next round of Floodplain Management Grants. It is noted that Council will have the opportunity to accept any successful grant funding when the grants are announced in late 2024. |
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The recommendation within report 11.4 was adopted however is to remain confidential until negotiations are finalised. |
The Meeting closed at 7.21pm
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 26 September 2023.
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CHAIRPERSON |
GENERAL MANAGER |
