Agenda of Ordinary Council Meeting

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Minutes of the

Ordinary Meeting of Council

Wednesday 20 December 2017

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

5.1 Mayoral Minute. 4

6. Director of Planning Reports. 5

6.1 Draft Sutton Master Plan. 5

6.1A Draft Sutton MasterPlan. 5

6.2 Planning Proposal - Highway Service Centre, Yass Valley Way, Yass. 5

6.3 Development Consent No 5.2007.80.1 - Rural Residential Subdivision, 14 Yass River & 261 KIrkton Roads, Marchmont. 6

6.4 Development Consent No 5.2015.133.1 - Truck Depot - 46 Carrington Road, Wallaroo. 6

6.5 Development Application No. 5.2017.193.1 - Rural Subdivision, 69 Victoria Street, Sutton. 7

6.6 Development Application No 5.2017.213.1 - Village Subdivision, 1 Wales Close, Bowning. 7

6.7 Transfer of Crown Road Reserve, off Nottingham Road, Wee Jasper. 7

6.8 International Programs Update. 8

7. Director of Engineering Reports. 9

7.1 Winning and Crushing of Gravel Panel Contract. 9

7.2 Comur Street Pedestrian Access and Crossing. 9

7.3 Feasibility Study for a Sewerage Scheme at Gundaroo. 10

7.4 Design, Supply and Install a Pressure System for the Murrumbateman High Level Zone Water Supply Area. 10

7.5 2017 Park & Playground Strategy. 11

7.6 Fixing Country Roads Round 3 Grant Funding. 11

8. Director of Finance & Corporate Reports. 11

8.1 Model Code of Conduct - Complaint Statistics. 11

8.2 Investment and Borrowings. 12

8.3 Live Streaming of Council Meetings. 12

9. General Manager Reports. 12

9.1 Draft Audit, Risk and Improvement Committee Minutes meeting of 19 October 2017. 12

9.2 CBRJO AGM and Board Minutes. 13

9.3 Local Government NSW... 13

9.4 Barton Highway Duplication. 13

10. Notice of Motion. 14

10.1 Notice of Motion – Air BnB Accommodation in Yass Valley. 14

10.2 Notice of Motion - Donation to Vine Church. 14

11. Questions with Notice. 14

11.1 Questions on Notice - G Frost. 14

12. Minutes and Recommendations of Council Committees. 15

12.1 Minutes of the Economic Development Committee held on 20 November 2017. 15

12.2 Minutes of the Murrumbateman Old School Ground Committee held on 23 November 2017. 15

12.3 Minutes of the Bango Windfarm Community Consultative Committee held on 22 November 2017 16

12.4 Minutes of the Railway Heritage Centre held on 2 September 2017 and 7 October 2017. 16

12.5 Minutes of the Yass Sports Council Annual General Meeting and Ordinary Meeting held on Monday 20 November 2017. 16

13. Confidential Matters. 16

13.1 Design, Supply and Install a Pressure System for the Murrumbateman High Level Zone Water Supply Area. 17

13.3 Winning and Crushing of Gravel Panel Contract. 17

13.2 Mayoral Minute. 18

Open Forum

Presentations to Council – Items on the Meeting Agenda

Item 6.1 – Draft Sutton Master Plan

Tony Carey
Jamie Bush, DPS

Item 6.3 – Development Consent No 5.2007.80.1 – Rural Residential Subdivision, 14 Yass River & 261 Kirkton Roads, Marchmont

Jamie Bush, DPS

Item 6.4 – Development Consent No 5.2015.133.1 – Truck Depot – 47 Carrington Road, Wallaroo

Noreen Pidgeon
Phillip Peelgrane
Rita Fletcher

Item 6.5 – Development Application No 5.2017.193.1 – Rural Subdivision, 69 Victoria Street, Sutton

Bridget Wright, DPS

Item 7.2 – Comur Street Pedestrian Access and Crossing

Harvey Walsh

Council Meeting - The Mayor declared the meeting open at 4.25 pm

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Geoff Frost, Nathan Furry, Allison Harker, Jasmin Jones, Mike Reid and Kim Turner.

Also present were the General Manager – David Rowe, Director of Planning – Chris Berry, Director of Engineering – Robert Fish, Director of Finance & Corporate – Sharon Hutch and Corporate Planning & Executive Support Officer – Shirree Garland.

1. Prayer

2. Apologies

RESOLVED that apologies be received from Councillor McManus and leave of absence be granted.

(Furry/Turner) 336

3. Declaration of Interest/Disclosures

Councillor Abbey declared a significant, pecuniary conflict of interest in Planning proposal – Highway Service centre, Yass Valley Way and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as her husband is a Director of the company that owns the land.

Councillor Burgess declared a significant, non-pecuniary conflict of interest in Feasibility Study for a Sewerage Scheme at Gundaroo and stated that he believed his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he had a former business relationship with a developer who is a proponent for sewerage systems.

Councillor Turner declared a significant, pecuniary conflict of interest in the Notice of Motion – Air BnB Accommodation in Yass Valley and stated that he believed his interest would preclude him from voting.

Reason: Councillor Turner declared an interest as he is the co-owner of an Air BnB premises at 200 Lachlan Valley Way.

Councillor Furry declared a non-significant, non-pecuniary conflict of interest in Notice of Motion – Donation to Vine Church and stated that he believed his interest would preclude him from voting.

Reason: Councillor Furry declared an interest as he is a member of the Vine Church congregation and well known by the applicant.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 22 November 2017 covered by page numbers 3-17 inclusive and resolution numbers 303-335 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Reid/Burgess) 337

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

5. Mayoral Minute

5.1 Mayoral Minute

SUMMARY

A Performance Agreement process and timeframe needs to be established between Council and the General Manager for 2017/18. Based on the adopted framework for 2016/17 a draft agreement and process has been submitted for consideration.

RESOLVED that this item be classified as Confidential in accordance with Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than councillors).

(Burgess/Harker) 338

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6. Director of Planning Reports

6.1 Draft Sutton Master Plan

SUMMARY

To present a brief progress report on the draft Sutton Master Plan and to indicate a more detailed report will be circulated prior to the meeting on the outcomes from the recent public exhibition.

RESOLVED that the progress report on the draft Sutton Master Plan be noted.

(Harker/Furry) 339

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.1A Draft Sutton MasterPlan

SUMMARY

To present the outcomes of the further community consultation on the draft Sutton Masterplan and the land on the northern side of North Street., Sutton.

RESOLVED that:

1. The revised Sutton Masterplan and Implementation Plan be adopted

2. The Sutton Masterplan be revisited if a single Council owned reticulated sewerage system is deemed viable.

(Jones/Reid) 340

FOR: Councillors R Abbey, C Burgess, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Councillor G Frost

At 04:47 PM Councillor Abbey left the Chambers.

6.2 Planning Proposal - Highway Service Centre, Yass Valley Way, Yass

SUMMARY

To present the outcomes from the consultation for the Planning Proposal seeking an amendment to the Yass Valley LEP 2013 to permit a Highway Service Centre use in the IN1 General Industrial zone. It is recommended that the Planning Proposal be endorsed and amendment to the Yass Valley LEP 2013 be made as delegate of the Minister for Planning.

RESOLVED that :

1. The ‘Highway Service Centre, Yass’ Planning Proposal (PP-2017-02) be endorsed and the amendment to the Yass Valley LEP 2013 be made by Council as delegate of the Minister for Planning.

2. The amendment to the Yass Valley LEP 2013 be forwarded to Parliamentary Counsel’s Office to request formal legal opinion that the amendment can be made.

(Frost/Jones) 341

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

At 04:50 PM Councillor Abbey returned to the Chambers.

6.3 Development Consent No 5.2007.80.1 - Rural Residential Subdivision, 14 Yass River & 261 KIrkton Roads, Marchmont

SUMMARY

An application to modify Development Consent No 5.2007.80.1 for a staged 35 Lot Rural Residential Community Title Subdivision of ‘Walgrove’ and ‘Kenilworth’ properties to modify the fencing requirement for community lot along Yass River and to remove the community water scheme component of the development.

RESOLVED that the request to modify Development Consent No 5.2007.80.1 be approved by:

1. The exclusion of community water supply scheme from Stage 4 of the development.

2. Varying the fencing standard for community lot traversing along Yass River in Stage 4.

(Jones/Turner) 342

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.4 Development Consent No 5.2015.133.1 - Truck Depot - 46 Carrington Road, Wallaroo

SUMMARY

An application has been received to modify the Consent for a truck at 46 Carrington Road, Wallaroo. The application seeks to remove the conditions which:

· Prohibit the movement of heavy vehicles along Carrington Road around the time of the school bus

· Prohibit the fuelling, washing down and servicing of heavy vehicles

· Require the applicant the keep a record of heavy vehicles in and out of the site.

The modification request has attracted 20 objections and four letters of support. It is recommended that the request to remove the heavy vehicle school bus time condition be approved, but all other requests be refused.

RESOLVED that :

1. The request to delete Condition (14) restricting heavy vehicle movements along Carrington Road between 7:30am to 8:15am and 3:45pm to 4:45pm on school days be refused

2. The request to remove conditions (11), (12), (13) prohibiting the fuelling, washing down and servicing of heavy vehicles be refused as the likely impacts have not been demonstrated or any necessary mitigation or management solutions proposed.

3. The request to remove condition (19) requiring the applicant to keep a record of heavy vehicle movements to and from the site be refused on the basis of remaining general hours of operation restrictions and the need for appropriate compliance and enforcement mechanisms.

4. Council investigate appropriate signage to indicate children’s use during bus times.

(Furry/Frost) 343

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.5 Development Application No. 5.2017.193.1 - Rural Subdivision, 69 Victoria Street, Sutton

SUMMARY

Development Application No. 5.2017.193.1 for a subdivision of 69 Victoria Street, Sutton. The application attracted four submissions.

RESOLVED that conditional Development Consent be issued for Development Application 5.2017.193.1 for the subdivision of 69 Victoria Street, Sutton.

(Jones/Furry) 344

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.6 Development Application No 5.2017.213.1 - Village Subdivision, 1 Wales Close, Bowning

SUMMARY

Development Application No. 5.2017.213.1 for a two lot village subdivision of 1 Wales Close, Bowning. The proposal involves a variation to the minimum lot size.

RESOLVED that Conditional Development Consent be issued for Development Application No. 5.2017.213.1 for the two lot subdivision of 1 Wales Close, Bowning upon receipt of concurrence from the NSW Rural Fire Service.

(Turner/Furry) 345

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.7 Transfer of Crown Road Reserve, off Nottingham Road, Wee Jasper

SUMMARY

To present a request to transfer the control of a Crown Road Reserve to Council.

RESOLVED that :

1. The transfer of control of the Crown Road Reserve off Nottingham Road to Lots 29 and 30 DP750980 be accepted.

2. The responsibility for all the costs associated with the transfer of control be met by the landowner of Lots 29 and 30 DP750980.

3. The ongoing maintenance of the road be the responsibility of the benefiting landowners.

(Turner/Furry) 346

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

6.8 International Programs Update

SUMMARY

To present a report following the October 2017 visit by a delegation from Yass Valley to Wuzhou People’s Republic of China. The report provides an overview of the China opportunity for Yass Valley with a summary of activities undertaken in relation to the Friendship City development between Yass Valley and Wuzhou to date.

MOTION

That:

1. It be noted the recent exchange visits associated with the friendship relationship between Yass Valley and Wuzhou has generated an enquiring interest from business sectors of both communities.

2. An international programs policy and management strategy be developed through Council’s Economic Development Committee. The Strategy investigate a mechanism for user pays principle

3. The calling of an expression of interest from local businesses interested in a ‘self- funded’ business delegation to southern China be endorsed.

(Frost/Turner)

AMENDMENT

That:

1. It be noted the recent exchange visits associated with the friendship relationship between Yass Valley and Wuzhou has generated an enquiring interest from business sectors of both communities.

2. An international programs policy and strategy be developed through Council’s Economic Development Committee.

3. The calling of an expression of interest from local businesses interested in a ‘self- funded’ business delegation to southern China be endorsed.

(Furry/Jones)

FOR: Councillors R Abbey, C Burgess, N Furry, A Harker, J Jones and K Turner

AGAINST: Councillors G Frost and M Reid

AMENDMENT CARRIED

RESOLVED that .

1. It be noted the recent exchange visits associated with the friendship relationship between Yass Valley and Wuzhou has generated an enquiring interest from business sectors of both communities.

2. An international programs policy and strategy be developed through Council’s Economic Development Committee.

3. The calling of an expression of interest from local businesses interested in a ‘self- funded’ business delegation to southern China be endorsed.

(Furry/Jones) 347

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

7. Director of Engineering Reports

7.1 Winning and Crushing of Gravel Panel Contract

SUMMARY

This report provides advice on the submission of tenders for a panel contract for the Winning and Crushing of Gravel. The tender includes the winning of gravel and crushing of the material in Council operated quarries.

RESOLVED that this item of the Director of Engineering Report be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the position of the person who supplied it.

(Turner/Frost) 348

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

7.2 Comur Street Pedestrian Access and Crossing

SUMMARY

This report outlines the results of community consultation undertaken regarding concept plans for potential improvements for the ability of pedestrians to cross Comur Street. The report outlines options for Council to proceed with installing mid-block pedestrian refuge/s, installing a trial refuge, or not proceeding with any works.

RESOLVED that Council:

1. Install a trial mid-block pedestrian refuge on Comur Street in the block of Meehan Street to Lead Street.

2. Monitor the usage of this temporary mid-block pedestrian refuge prior to bringing a further report back to Council on the effectiveness of the trial.

(Jones/Harker) 349

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

At 05:22 PM Councillor Burgess left the Chambers.

7.3 Feasibility Study for a Sewerage Scheme at Gundaroo

SUMMARY

Providing advice on the results of a community survey on whether a sewerage scheme is desired at Gundaroo and submissions received on the Gundaroo Sewerage Scheme Options Study.

RESOLVED that :

1. The outcomes of the consultation and survey regarding a sewerage scheme in Gundaroo be noted.

2. Council acknowledges that Gundaroo Sewerage Scheme Options study indicated that sewering the existing village is economically viable with a 50% subsidy from the State Government.

3. An application for a 50% subsidy be lodged for sewering the existing village of Gundaroo at an estimated cost of $8M.

4. Council undertake further community consultation and investigations to determine a preferred sewerage scheme for the village of Gundaroo, including options for alleviating the impact of high connection costs.

5. Council’s preference is for any future sewerage scheme at Gundaroo to be owned and operated by Council.

(Jones/Reid) 350

FOR: Councillors R Abbey, A Harker, J Jones, M Reid and K Turner

AGAINST: Councillors G Frost and N Furry

FORESHADOWED MOTION

That Council:

1. Acknowledge that the majority of respondents to the survey regarding a sewerage scheme in Gundaroo did not support a village sewerage scheme

2. Not proceed with a sewerage scheme for the existing village of Gundaroo at this point in time.

3. Preference is for any future sewerage scheme at Gundaroo to be owned and operated by Council

(Frost)

LAPSED

At 05:39 PM Councillor Burgess returned to the Chambers.

7.4 Design, Supply and Install a Pressure System for the Murrumbateman High Level Zone Water Supply Area

SUMMARY

Providing advice on the submission of tenders for the design, supply and installation of a Pressure System and associated works for the Murrumbateman High Level Zone Water Supply Area.

(Turner/Frost) 351

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

7.5 2017 Park & Playground Strategy

SUMMARY

A number of changes to the 2017 Park & Playground Strategy have been suggested following consideration of community survey results and public submissions by the Playground Strategy Working Group.

RESOLVED that Council:

1. Place the 2017 Park & Playground Strategy on public exhibition until the 28 February 2018.

2. Adopt the 2017 Park & Playground Strategy if no significant submissions are received.

(Jones/Frost) 352

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

7.6 Fixing Country Roads Round 3 Grant Funding

SUMMARY

Advising that Council has been successful in receiving grant funding under the NSW Government’s Fixing Country Roads Program for constructing Mulligans Flat Road and a timber bridge replacement program. This additional funding provides some flexibility for Council to consider completing the bitumen sealing of Fairlight Road this financial year.

RESOLVED that Council:

1. Accept grant funds to be received under the NSW Government’s Fixing Country Roads Grant for:

· Mulligans Flat Road Upgrade

· Yass Valley Timber Bridge Replacement Program

2. Allocate funds required to be contributed by Council to these projects in the 2018/19 and 2019/20 Operational Plans.

3. Note that the sealing of 1.5km of Fairlight Road is currently under construction and subject to funds being available the project be extended to include the remaining 1km (total length 2.5Km) and a report be brought back to the next meeting of Council.

(Turner/Furry) 353

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 Model Code of Conduct - Complaint Statistics

SUMMARY

Report on the complaint statistics made under The Model Code of Conduct.

RESOLVED that the Complaint Statistics – Model Code of Conduct Report be noted.

(Reid/Harker) 354

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

8.2 Investment and Borrowings

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Section 212, this report provides a summary of Council’s investments as at 30 November 2017. In accordance with Section (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the appropriate Regulation and Council’s Investment Policy.

RESOLVED that Investment Report as at 30 November 2017 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulation and Council’s Investment Policy.

(Reid/Harker) 355

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

8.3 Live Streaming of Council Meetings

SUMMARY

Providing an update on live audio streaming of council meetings indicating that the Office of Local Government is proposing that all councils be required to ‘webcast’ their Council meetings.

RESOLVED that .

1. That an investigation be undertaken into the options available for ‘webcasting’ of Council meetings held in the Council chambers.

2. That Council provides a submission to the Office of Local Government in relation to the Draft Code of Meeting Practice currently on public exhibition.

3. That quotes be obtained for webcasting and dissemination of Council meetings of a similar standard and style to that used by other Local Government councils within the Canberra Region Joint Organisation.

(Furry/Frost) 356

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

9. General Manager Reports

9.1 Draft Audit, Risk and Improvement Committee Minutes meeting of 19 October 2017

RESOLVED that Council note the Draft Audit, Risk and Improvement Committee minutes of 19 October 2017.

(Reid/Turner) 357

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

9.2 CBRJO AGM and Board Minutes

RESOLVED that the:

1. Draft Minutes of the Canberra Region Joint Organisation AGM held on 30 November 2017 be noted.

2. Draft Minutes of the Canberra Region Joint Organisation Board meeting held 1 December 2017 be noted.

(Reid/Turner) 358

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

9.3 Local Government NSW

SUMMARY

Advising of the new Board for Local Government NSW (LGNSW) and their focus on change.

RESOLVED that the report on the new Board for Local Government NSW be noted.

(Furry/Frost) 359

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

9.4 Barton Highway Duplication

SUMMARY

The joint Federal and State Government announcement on 4 December 2017 that duplication of the Barton Highway is one of the most significant commitments to infrastructure in Yass Valley in recent times.

RESOLVED that :

1. The Mayor write a letter of appreciation to all State and Federal Members of Parliament who recently demonstrated support for the duplication.

2. Council work with RMS to ensure that the duplication meets the needs of the community.

3. Council continue to lobby for funding from both State and Federal Governments until the duplication is completed.

(Furry/Harker) 360

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

10. Notice of Motion

At 06:03 PM Councillor Turner left the Chambers.

10.1 Notice of Motion – Air BnB Accommodation in Yass Valley

RESOLVED that Council:

1. Thank the Director of Planning for the information provided.

2. Compile a report on the B&B market in Yass Valley, specifically food handling regulations, while awaiting the outcome of the State review.

(Frost/Reid) 361

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones and M Reid

AGAINST: Nil

At 06:26 PM Councillor Turner returned to the Chambers.

At 06:26 PM Councillor Furry left the Chambers.

10.2 Notice of Motion - Donation to Vine Church

RESOLVED that the:

1. Council provide an annual donation to the Vine Church equivalent to:

a. the value of rates at 11472 Wee Jasper Road

b. the difference in fees and charges above that which would apply if 11472 Wee Jasper Road was owned by the church.

2. Donation be reviewed by Council if there is a change in ownership or usage of 11472 Wee Jasper Road.

3. That this proposed donation be considered in line with other ‘recurrent donations’ identified in the Donations Policy and that the Vine Church be added to Schedule A of that document.

(Frost/Reid) 362

FOR: Councillors R Abbey, G Frost, A Harker, J Jones, M Reid and K Turner

AGAINST: Councillor C Burgess

At 06:32 PM Councillor Furry returned to the Chambers.

11. Questions with Notice

11.1 Questions on Notice - G Frost

MOTION

That Council notes the redirections to other papers in the staff responses to Councillor Frost’s Questions on Notice and summarises the specific answers as follows:

Question – Wuzhou

1. Unclear, but it would seem to be by someone from Yass Valley Council

2. $14,907.54 of direct costs

3. Some informal first steps have been made to engage local businesses. No arrangements have been made to ensure user pays for this project.

4. There are no performance indicators for the project. Management oversight arrangements are unclear, but likely to be through the Economic Development Officer and the Economic Development Committee reporting to Council.

Question – Live Streaming of Council meetings

1. No quotes have been obtained. Unsupported estimates were provided to the March meeting for live streaming (presumably of video and audio) of $30,000 establishment costs and annual costs of $15,000. A series of estimates for alternatives for live audio streaming of between $8,000 and $62,000 was provided to the July council meeting. That Council meeting resolved that a “wired boundary solution” (the $8,000 option) as its preferred solution.

2. No

3. During the past 12 months, but no longer has an interest.

4. Not know.

(Frost/Jones)

MOTION LOST

FOR: Councillors G Frost and J Jones

AGAINST: Councillors R Abbey, C Burgess, N Furry, A Harker, M Reid and K Turner

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Economic Development Committee held on 20 November 2017

RESOLVED that the minutes of the Economic Development Committee meeting held on 20 November 2017 be noted and the following recommendations be endorsed:

Item 5.2 Major Event Marketing Program Policy Review

That the Major Event Marketing Program Policy be revised into a policy that focuses on an overarching event promotion campaign managed by the YVC Economic Development & Tourism Business Unit that allows individual events to buy into programmed activity facilitating greater cross promotion of events and strives to achieve matched state funding.

Item 5.4 International Programs Update

That the development of an international programs strategy and policy be prioritised.

(Furry/Harker) 363

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

12.2 Minutes of the Murrumbateman Old School Ground Committee held on 23 November 2017

RESOLVED that the minutes of the Murrumbateman Old School Grounds Committee held on 23 November 2017 be noted.

(Reid/Harker) 364

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

12.3 Minutes of the Bango Windfarm Community Consultative Committee held on 22 November 2017

RESOLVED that the minutes of the Bango Windfarm Community Consultative Committee meeting held on 22 November 2017 be noted.

(Frost/Harker) 365

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

12.4 Minutes of the Railway Heritage Centre held on 2 September 2017 and 7 October 2017

RESOLVED that the Minutes of the Yass Railway Heritage Centre meetings held on 2 September 2017 and 7 October 2017 be noted.

(Furry/Reid) 366

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

12.5 Minutes of the Yass Sports Council Annual General Meeting and Ordinary Meeting held on Monday 20 November 2017

RESOLVED that the Minutes of the Yass Sports Council meeting held on Monday 20 November 2017 be noted.

(Furry/Reid) 367

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

13. Confidential Matters

RESOLVED that pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2) of the Local Government Act for the reasons as specified:

13.1 Design, Supply and Install a Pressure System for the Murrumbateman High Level Zone Water Supply Area

Item 13.1 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.2 Mayoral Minute

Item 13.2 is confidential in accordance with section s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors) and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.3 Winning and Crushing of Gravel Panel Contract

Item 13.3 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Turner/Furry) 368

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

Closed Council commenced at 6.56 pm.

13.1 Design, Supply and Install a Pressure System for the Murrumbateman High Level Zone Water Supply Area

SUMMARY

This report provides advice on the submission and assessment of tenders for the design, supply and installation of a Pressure System and associated works for the Murrumbateman High Level Zone Water Supply Area.

RESOLVED that the tender submitted by Poonindie Pty Ltd (t/a Ted Wilson & Sons) be accepted for the Design, Supply and installation of a Pressure System and associated works at a total cost of $114,696.90 (GST inclusive) in accordance with tender documentation, addendum and their tender submission.

(Furry/Reid) 369

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

13.3 Winning and Crushing of Gravel Panel Contract

SUMMARY

This report provides the results of the tender assessment for a panel contract for the Winning and Crushing of Gravel. The tender includes the winning of gravel and crushing of the material in Council operated quarries.

RESOLVED that Council award the contract YVC/WKS/01.2017 for Winning and Crushing of Gravel as a panel contract in accordance with the tender documentation and the tenderers submissions for a period of 3 years with the following companies to be on the panel:

· Denrith Pty Ltd (trading as Divall’s Earthmoving & Bulk Earthmoving)

· Bald Hill Quarry Pty Ltd

· Lynch Contractors Pty Ltd

(Burgess/Furry) 370

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

13.2 Mayoral Minute

SUMMARY

RESOLVED that :

1. A mid-term Performance Review be scheduled for 11 April 2018 and a formal review for 10 October 2018.

2. LGNSW be engaged to facilitate 2017/18 Annual Performance Reviews.

3. The 2017/18 Performance Assessment Agreement as amended, be adopted.

(Burgess/Turner) 371

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

Open Council resumed at 7.22 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Burgess/Turner) 372

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

The meeting closed at 7.23 pm.

………………………………………….

Mayor

Ordinary Council Meeting 28 February 2018

6.3 Development Application No 5.2017.251.1 - Erosion Gully Restoration, 332 Kaveneys Road, Jeir

SUMMARY

To present the assessment of Development Application No. 5.2017.251.1 for the restoration of a significant erosion gully, including the importation of up to 60,000m³ of material, at 332 Kaveneys Road, Jeir. The proposal is referred to Council as the application has attracted three submissions. Approval is recommended.

RECOMMENDATION

That conditional Development Consent be issued for Development Application No. 5.2017.251.1 for erosion gully restoration, including the importation of 60,000m³ of VENM/ENM at 332 Kaveneys Road, Jeir.

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning and Assessment Act 1979

· Environmental Planning and Assessment Regulation 2000

· Protection of the Environment Operations Act 1997

· Protection of the Environment Operations (Waste) Regulation 2014

· Water Management Act 2000

· Yass Valley Local Environmental Plan 2013 (LEP)

· Resource Recovery Exemption – Excavated Natural Material Exemption 2014

· Resource Recovery Order – Excavated Natural Material Order 2014

· Yass Valley Heavy Haulage Section 94 Contributions Plan 2006

REPORT

1. Application Details

Date Received	-	20 September 2017
Land	-	Lot 103 DP 1071463, 332 Kaveneys Road, Jeir
Area	-	77.9ha
Zoning	-	RU1 – Primary Production

2. Site Description and Locality

The subject land is located at 332 Kaveneys Road, Jeir. The surrounding area is rural and is characterised by larger land holdings, some with residential dwellings. The land uses relate to agricultural activities and rural lifestyle. Boral Quarry is located approximately two kilometres to the east.

A Locality Plan is included in Attachment A and site photographs in Attachment B.

3. Proposal

The submitted proposal involves the rehabilitation of a significant erosion gully, including with the importation of up to 60,000m³ of material. The project is anticipated to take 36 months to complete.

Details of the proposal are included as Attachment C.

4. Public Exhibition

The application was notified to landowners surrounding the subject land and with direct frontage to Kaveneys Road, including the Boral Quarry (refer Attachment A). This notification extended beyond the requirements of Council’s consultation plan taking into account the potential noise associated with heavy vehicles having the most impact on properties in proximity to the transport route. This approach was consistent with the notification approach for similar applications in the Kaveneys Road locality.

During the exhibition period there were three submissions received (refer Attachment D) with the key issues relating to:

· Notification and public exhibition extent and process

· No conditions of consent included for exhibition

· Volume of fill and truck movements

· Noise and timing of truck movements

· Road impacts and section 94 contributions

· Fill source and quality

· Monitoring consent conditions

· Comparison to Oakey Creek Road filling issue

The Applicant has provided a response to the issues raised in the submissions (refer Attachment E).

5. Referrals

The application was referred to the Department of Primary Industries (Water) as integrated development on the basis of the work being undertaken in a watercourse for the purposes of the Water Management Act 2000.

The DPI Water has issued their general terms of approval which must be included in any approval that may be issued.

6. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, policies and guidelines. The planning response to the issues raised in submissions is as follows:

6.1 Notification and Public Exhibition

The residents of Rolfe Road and Blundells Road were not included in the direct neighbour notification due to their distance from the subject site. One of the submissions suggested that residents of Rolfe Road should have been included due to their primary travel route being onto Kaveneys Road. This is not considered to have warranted direct neighbour notification as applying the logic of notification to any property which may share the same travel route along Kaveneys Road would arguably result in notification to the whole road catchment area.

Furthermore, the application was placed on Council’s website during the exhibition period for public viewing and submissions still accepted and considered after this date including those from residents not directly notified.

One of the submissions received requested a community meeting be held to discuss the application. Council has an adopted practice for when a planning forum is held and in this instance the need for such a meeting is not warranted due to the relatively low interest received during the exhibition period, especially from the immediate neighbours to the subject site. Submitters are routinely informed of when a matter is reported to Council and that they have the opportunity to address Council during the Open Forum.

6.2 Development Applications and Conditions of Development Consent

The submissions raised concern that the Development Application did not propose conditions relating to restrictions around the filling activities. It is important to note the distinction between applications (being the proposal by the Applicant) and conditions of Consent (which place enforceable limitations around an approved application). Whilst major developments may include draft conditions as part of their application, the majority of Development Applications lodged will only identify the impacts of a proposal, as well as general mitigation measures. Following an assessment of the application (including a review of any submissions), the determining authority will then impose necessary conditions to address the impacts of a proposal.

In this case the issues raised in the submissions can be largely addressed through standard Consent conditions applied to this type of development and in a manner similar to other projects approved in the Kaveneys Road locality.

6.3 Volume of Fill and Number of Truck Movements

The volume of fill proposed to complete the erosion gully restoration project has been estimated by the Applicant to be 56,000m³. The application has been lodged for 60,000m³, to allow for any variation in the estimate. This quantity of material equates to an estimated 90,000 tonnes of material to complete the project.

The estimate for number of trucks will vary depending on the configuration of the vehicles. Assuming all deliveries are made bogie truck and dog combination with a payload of 33 tonnes there would be approximately 5,454 total heavy vehicle movements over the 36 month life of the project (i.e. 152 vehicles/month or 38 vehicles/week or 8 vehicles/day).

Kaveneys Road is already subject to a relatively high number of heavy vehicle movements, with traffic counts undertaken in 2016 indicating average daily heavy vehicle count of 148 at the Barton Highway end and 42 at the Dog Trap Road end.

The Applicant and the submissions have highlighted that the nature of truck movements for this project are likely to be sporadic based on the availability of material. The Applicant’s has estimated the number of truck movements to be:

· 60 vehicles/day (dry weather)

· 40 vehicles/day (general operations)

· 260 peak weekly truck movements

It is accepted that the delivery of material will be dependent on the availability of material and weather conditions and therefore it is likely that there will be periods of high movements and periods with none.

The dry weather truck movements represents a 40% increase in the number of daily truck movement on Kaveneys Road at the Barton Highway. To protect the amenity of local residents and road users limiting the truck movements to a maximum of 40 per day (i.e. 20 deliveries) will assist in achieving this objective. This is considered to represent the balance between protecting amenity and allowing the Applicant to reasonably complete the project when material is available.

While limiting the number of heavy vehicle movements it is important that the Applicant maintain a vehicle fill delivery log and provide access to Council staff in the event of any complaints.

6.4 Noise and Timing of Truck Movements

Noise associated with the proposal is a valid planning concern with impact on local amenity. This impact can be reduced by restricting the number of heavy vehicles and hours of operation.

Restricting the hours of operation to 7:00am-6:00pm Monday to Friday and 8:00am-1:00pm Saturday, with no operation on Sunday or public holidays will assist in minimising the impacts. These restrictions will extent to all aspects of the filling activities, including the importation of the material and the work to the actual gully.

6.5 Road Impacts and Section 94 Contribution

The submissions received suggested that this application was accepted without the need for a road maintenance contribution. Whilst the Applicant has suggested that a s94 development contribution is not applicable, provisions exist under Council’s Heavy Haulage Section 94 Contributions Plan 2006 to levy a road maintenance contribution for developments which generate in excess of 8,000 tonnes of payload annually.

Two similar developments of Kaveneys Road (i.e. DA 5.2015.22.1 and DA 5.2015.278.1) which involved the filling of erosion gullies have been subject to the payment of section 94 contributions and the same applies for this application.

Under the Contributions Plan a payment of $4,484.19 towards road maintenance for Kaveneys Road is required. The payment should be made prior to the commencement of the development.

Whilst the nature of this type of project results in concerns relating to road impact, Council also needs to weigh up the road impact and the potential environmental benefits from erosion restoration. It is also important to note that the levying of significant development contributions also has the potential to jeopardise the feasibility or act as a disincentive for genuine environmental projects to be undertaken.

During the assessment it was highlighted in various representations that vegetation may currently be restricting sight distance at the intersection of Rolfe Road and Kaveneys Road. This is being investigated separately as a customer service request.

6.6 Fill Source and Quality – VENM verses ENM

The submissions question how the quality of the material can be ensured during the project, as well as highlighting that the proposal seeks to utilise both virgin excavated natural material (VENM) and excavated natural material (ENM).

Previous approvals issued in the locality have required all source material to meet the criterial of VENM as defined in the Protection of the Environment Operations (POEO) Act 1997: These approvals have required VENM certificates to be obtained for all source material prior to it being brought to the site.

In this proposal the Applicant intends to use VENM and ENM material for the gully restoration work.

The distinction between VENM and ENM for the purposes of the POEO Act 1997 is that VENM is ‘clean fill’ such as clay, gravel, sand, soil or rock fines while ENM is excavated natural material that consists of at least 98% natural material.

A resource recovery exemption (RRE) and a resource recover order (RRO) issued by the NSW EPA under the Protection of the Environment Operations (Waste) Regulation 2014 allows the use of ENM in earthworks, subject to conditions which include specific requirements for source testing. In this regard, it is considered that the use of ENM for this project is acceptable due to the RRE and RRO being in place. However, the Applicant would need to ensure that sampling as required by the RRO and RRE before such time as it could be utilised for the purposes of this project.

It is important that the Applicant has the appropriate documentation to confirm the classification of material from the source site as VENM or ENM to NSW standards should the proposal be approved. In addition any Consent should require final soil validation (sample) report be undertaken and submitted at the completion of the project.

6.7 Monitoring Consent Conditions

Consent conditions need to be formulated to address the particular impacts of the proposal, but also in such a manner which is considered to allow Council to reasonably monitor and enforce.

A weighbridge is considered unnecessarily and unreasonable for the nature of the proposal. Volumes can be monitored through the Applicant maintaining records of deliveries and a final survey at the completion of the project.

Resources for monitoring Consent conditions are provided for in Council’s Operational Plan and the level of resourcing is not a matter for consideration in the determination of a Development Application.

Any allegations of breaches of the Development Consent or environmental incidents will be investigated in accordance with Council’s Enforcement Policy and the applicable legislation.

6.8 Oakey Creek Road Filling Issues

Two of the submissions received reference a filling issue which occurred recently on Oakey Creek Road, Wallaroo. This proposal is substantially different to the issue that occurred at Oakey Creek Road which related to fill being brought in association with the development of a dwelling house.

The issue at Oakey Creek Road should not be a basis for refusal of this application. The Applicant has taken the necessary steps to lodge the applicable documentation for the proposal to be considered it on its merits.

An opportunity exists as part of this process to implement suitable environmental controls through the conditions of any Consent that may issue.

6.9 Importance of Erosion Restoration and Control

The proposal has been described in the submissions as being for the purposes of ‘dumping’ however the submitted application is for the restoration of gully erosion. Surplus material for one site is being reused to achieve an environmental benefit at the subject site.

Providing the Applicant complies with Consent conditions and the work is completed in accordance with the details submitted, the project can result in a positive environmental outcome. Stabilising erosion is an important environmental outcome in improving water quality in the catchment. Previous stabilisation works of similar nature at the site undertaken by the landowner indicates the environmental benefits of such work.

7. Conclusion

From the assessment of the proposal and consideration of the issues raised in submissions it is recommended that conditional Development Consent be issued for the erosion gully restoration, include the importation of 60,000m³ of material. Draft conditions are included as Attachment F.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

Attachments: a. Locality & Notification Plan ⇩

b. Site Photos ⇩

c. Proposal Details & Plans ⇩

d. Submissions ⇩

e. Applicant's Response to Submissions ⇩

f. Draft Conditions ⇩

6.3 Development Application No 5.2017.251.1 - Erosion Gully Restoriation, 332 Kaveneys Road, Jeir

Attachment f Draft Conditions

DA 5.2017.251.1 - DRAFT CONDITIONS – 332 KAVENEYS ROAD

PART A – GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plan(s) and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions;

(2) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval;

(3) The Applicant shall limit the total volume of virgin excavated natural material (VENM) imported onto the site as fill to a maximum of 60,000m³;

Note: A modification of consent is required to be lodged with Council if the total volume of virgin excavated natural material (VENM) imported onto the site exceeds 60,000m³.

(4) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council;

(5) Dust, noise and odour emissions from the proposed development must comply with the provisions of the Protection of the Environment Operations Act 1997;

(6) The applicant, at no cost to Council, will assume accountability for site cleanup and remediation measures in the event that material other than virgin excavated natural material (VENM) has been used;

(7) All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense.

(8) Should any Aboriginal sites or objects be unearthed during works associated with the subdivision, all work must cease and the NSW Office of Environment & Heritage (OEH) is to be contacted immediately.

PART B – DEPARTMENT OF PRIMARY INDUSTRIES: WATER GENERAL TERMS OF APPROVAL

(1) The development must be undertaken in accordance with the “General Terms of Approval” issued by the NSW Department of Primary Industries: Water dated 19 January 2018 and included as Appendix A to this Development Consent.

PART C – PRIOR TO COMMENCEMENT OF WORKS

(1) The applicant shall nominate a suitably qualified and experienced person to the satisfaction of the Council (and with knowledge of soil conservation practices) who will be responsible for the day to day environmental management of the site and provide liaison between the applicant and all relevant government agencies including Yass Valley Council;

(2) In accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and the Yass Valley Council Heavy Haulage Section 94 Contributions Plan 2006 a monetary contribution of $0.05 per tonne shall be paid to Council in respect of road maintenance.

It should be noted:

· The contribution for the previous year is payable as of 1 July.

· Details of the amount of fill material received in the 12 month period are to be provided to Council by 31 July.

· Council will create an invoice based on the information submitted.

· Alternatively, a single monetary contribution of $4,484.19 may be paid to Council prior to the commencement of filling.

· The applicable contribution rate is to be indexed annually to the Sydney (All Ordinaries) Index, reviewed annually and new rates, if applicable, will become payable from 1July each year.

· All contributions shall be paid at the rate determined at the most recent review.

· The contribution amount is based on the importation of 60,000m³ of loose virgin excavated natural material (VENM) transported 3.3 kilometres along Kaveneys Road, Jeir.

(3) A sign shall be displayed in a prominent position on the boundary of the site and must be maintained while filling work is being carried out.

The sign must list the following details:

Ø The name of the person who will be responsible for the day to day management of the site and an afterhours telephone number;

Ø That unauthorised entry to the site is prohibited; and

Ø The Development Consent Number;

(4) Appropriate soil erosion and sediment control measures shall be installed;

(5) ‘Truck Entering’ (W5-22C) signs shall be installed, at all times whilst trucks are entering and exiting the site, on the approaches to the development site warning motorists along Kaveneys Road of heavy vehicles;

(6) Measures shall be applied, to the satisfaction of Council, to prevent site vehicles tracking sediment and other pollutants onto any sealed roads serving the development.

PART D – EARTHWORKS & IMPORTATION OF ASSOCIATED MATERIAL

(1) Material imported to the site for the construction of the proposed development (including the internal driveway) must be suitable for the proposed application/fit for purposes and:

(a) Sourced from a suitably licenced facility (i.e. landscaping supplies or quarry operation); or

(b) Virgin Excavated Natural Material (VENM) as defined in the Protection of the Environment Operations Act 1997;

(c) Excavated Natural Material (ENM) as defined in the Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption 2014:

The document titled Certification: Virgin excavated natural material as published by the Environmental Protection Authority in September 2013 is considered a suitable form of certification to achieve compliance with this condition for VENM.

The use of ENM must be in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Exemption 2014 and Protection of the Environment Operations (Waste) Regulation 2014 – Excavated Natural Material Resource Recovery Order 2014 (as modified or superseded);

(2) Evidence shall be submitted to Council classifying the material used as “Virgin Excavated Natural Material” (VENM) or “Excavated Natural Material” (ENM) prior to it arriving at the site;

(3) Heavy vehicle movements associated with the delivery of material to the site are restricted as follows:

(a) A maximum of 20 movements per day (1 movement = in and out of the site);

(b) No movements on Sundays or public holidays;

(4) The movement of heavy vehicles associated with the delivery of material must comply with the conditions of any heavy vehicle permit issued by Council.

(5) A ‘ Fill Delivery Record’ shall be established and must record:

· The source address of the fill;

· Whether the fill has been certified as VENM or ENM;

· The volume of material delivered;

· The name, contact details, and organisation or affiliation of the person delivering the material;

· Vehicle registration;

· The date of delivery.

Note: An example of an appropriate ‘Fill Delivery Record’ template is attached to this consent;

(6) A copy of the ‘Fill Delivery Record’ shall be submitted to Council upon request;

PART E – COMPLETION OF WORKS

(1) The development will not be considered completed until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

(2) A copy of the ‘Fill Delivery Record’ shall be submitted to Council upon the completion of works;

(3) A copy of all evidence classifying the material used as “Virgin Excavated Natural Material” (VENM) or “Excavated Natural Material” (ENM) shall be submitted to Council upon the completion of works;

(4) A soil test and validation report shall be undertaken at the completion of works. The report shall demonstrate to the satisfaction of Council that the material utilised has been VENM or ENM.

(5) The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the development.

NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2017.251.1

(Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.)

(1) This consent has been granted under Clause 6.1 of the Yass Valley Local Environmental Plan 2013;

(2) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

(4) The Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

6.4 Development Application 5.2017.316.1 - Rural Subdivision, 66 Buranda Lane, Gundaroo

Attachment d Draft Consent Conditions

DRAFT CONDITIONS FOR DA 316-2017

PART A - GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plans and details submitted to Yass Valley Council (Council) with the Development Application. The plans of subdivision has been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plan or as modified by these conditions.

(2) This approval relates only to the development referred to in the Development Application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(3) An Engineering Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

This will require the Development Application Form (Form 1) to be filled out and submitted to Council to facilitate the issuing of the Construction Certificate.

(4) All engineering design and construction work shall be undertaken in accordance with the following, current at the time of the Engineering Construction Certificate being issued:

· Council's Road Standards Policy RD-POL-09

· Council’s Design and Construction Specification – AUS-SPEC #1

· Australian Standards and

· AustRoads

(5) The developer at no cost to Council shall make any necessary alteration, relocation or enlargement to public utilities whether caused directly or indirectly by this proposed subdivision.

(6) Should any Aboriginal sites be unearthed during works associated with the subdivision, all work must cease and the NSW Office of Environment & Heritage (OEH) is to be contacted immediately.

PART B - PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

(1) Engineering drawings for the provision of access to each lot shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Road Standards Policy RD-POL-09.

(2) Noyes Lane is considered to be sub-standard due to the current width and lack of gravel and is therefore required to be upgraded to rural “Access” standard from the intersection with Murrumbateman Road for a distance of 600 metres.

The remainder of Noyes Lane to the intersection with Buranda Lane, to 10 metres past the property access to Lot 1, is to be upgraded to a “Right of Way” standard.

Engineering drawings associated with the upgrade of Noyes Lane and Buranda Lane shall be submitted to Council’s Engineering Department for approval in accordance with:

· Council’s Roads Standards Policy RD-POL-09 and

· Council’s Design and Construction Specification – AUS-SPEC #1.

The required works are to be undertaken at no cost to Council.

Council is committed to the sustainable management of the environment which includes minimising the impact of road upgrades. Clause 9.5 of Council’s Road Standards Policy RD-POL-9 should be considered in the preparation of engineering designs. In this regard, Council may require a Review of Environmental Factors (REF) to accompany the engineering drawings for consideration and approval prior to the issue of an Engineering Construction Certificate.

PART C - PRIOR TO WORKS COMMENCING

(1) Subdivision work shall not be commenced until the person having the benefit of this Development Consent provides at least two days’ notice to Council of their intention to commence subdivision work.

(2) Any contractor undertaking works in an existing Council road reserve shall also submit the following details:

· A current public liability certificate with a minimum cover of $20 million

· Current Plant / vehicle insurances

· A certified traffic control plan for the proposed works

(3) A sign shall be displayed in a prominent position on any site on which building work, subdivision work or demolition work is being carried out.

The sign must list the following details:

· The name, address and telephone number of the Principal Certifying Authority

· The name or the Principal Contractor and an after-hours telephone number and

· That unauthorised entry to the site is prohibited.

The sign must be maintained while the subdivision work is being carried out and removed upon completion.

PART D – INSPECTIONS

(1) A Compliance Certificate shall be obtained from Council’s Engineering Department at the following stages of construction:

(a) Completion of property accesses - This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards.

(b) Completion of the unsealed upgrade of Noyes Lane – visual only

(d) Completion of boundary fencing of each lot created.

(2) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Fees and Charges, relevant at the time of payment.

PART E - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) In accordance with Section 94 Environmental Planning and Assessment Act 1979 and the Yass Valley Council Section 94 Contribution Plan 2004, a monetary contribution shall be paid to Council prior to the issue of the Subdivision Certificate.

The services and facilities for which the contributions are levied and the respective amounts payable are:

· Community Facilities $1,340 x2 $2,680

· Administration $ 660 x2 $1,320

TOTAL $4,000

The contribution figure is based on two additional lots with dwelling entitlements fronting Buranda Lane, Gundaroo, at a base rate of $2,000.

The applicable contribution rate is reviewed annually and new rates, if applicable, will become payable from 1July each year in accordance with Council’s Management Plan. All contributions shall be paid at the rate determined at the most recent review.

(2) In accordance with Section 94 Environmental Planning and Assessment Act 1979 and the Yass Rural Roads Section 94 Contribution Plan, a monetary contribution of $36,000 shall be paid to Council prior to the issue of the Subdivision Certificate. The contribution is for the upgrading of rural roads in the locality.

The contribution figure is based on two additional lots with dwelling entitlements fronting Buranda Lane, Gundaroo, at a base rate of $18,000.

The applicable contribution rate is reviewed annually and new rates, if applicable, become payable from 1 July each year. All contributions shall be paid at the rate determined at the most recent review.

(3) Prior to the release of the subdivision certificate the applicant shall pay the cost of rural addressing for each of the new lots in accordance with Council’s Fees and Charges.

(4) Noyes Lane is to be upgraded in accordance with Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Engineering Construction Certificate.

(5) Buranda Lane is to be upgraded in accordance with Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Engineering Construction Certificate.

(6) The property vehicular accesses from the road to the property boundary shall be constructed to the following minimum standard:

(a) Safe Distance Requirements in accordance with Section 7 of Council’s Road Standards Policy RD-POL-09.

(b) Access points are to be located to achieve Safe Intersection Sight Distance (SISD) in accordance with Austroads standards. Consideration will be given to accepting Approach Site Distance (ASD) on difficult sites subject to additional facilities such as BAR right turn treatment and/or BAL left turn treatments being provided as appropriate.

(c) Property accesses onto roads with Average Annual Daily Traffic (AADT) greater than 1,000 vehicles per day shall also include a sealed BAR right turn treatment (see Appendix B). A BAR may also be required on Regional roads where specified by the RTA.

(d) All property accesses shall be constructed to “Rural Property Access –with Indented Access” (see Appendix B of Council’s Roads Policy RD-POL-09) standard in accordance with Austroads Guide to Road Design – Part 4: Intersections and Crossings General, and be sealed from the edge of the road to the gate.

(e) Minimum of 100 mm thick approved gravel.

(f) If the driveway accesses onto a sealed road pavement, then two coat bitumen seal or 100mm thick concrete (25 MPA with SL72 mesh) or similar all weather pavement.

(g) Gate to be set back 15 metres from the edge of pavement on local roads and 20 metres from edge of pavement on Regional roads.

(h) The finished surface of any earthworks required for the driveway shall be graded to a maximum of 1 in 4 in cut and 1 in 2 in fill.

(i) The surrounding soil shall be made flush with the new driveway and reseeded.

(j) Reinforced concrete pipes and headwalls (grout pipe to headwall) are to be provided through the table drain (or modified drain to ensure at least 2 metres from the road).

(k) Pipe are to be installed in accordance with the AS 3725 or meet the following for light loads:

Pipe Cover	300mm+	200mm+	100mm+
Pipe Class	2	3	4

(l) Pipe size shall be designed using the methods outlined in Australian Rainfall and Runoff (AR&R) or determined as follows:

Catchment Size	Less than 0.5Ha	Less than 1Ha	Less than 2Ha	Less than 3Ha	3+Ha
Pipe Size	300mm	375mm	450mm	600mm	AR&R 1 in 5 year storm event

(m) Where a pipe culvert would be unsuitable, due to topography and pipe cover requirements, a reinforced concrete dish drain may be constructed in the table drain with the approval of the Director of Operations. Minimum requirements for the construction of a dish drain are as follows:

(i) Minimum 150mm thick

(ii) 1.5m wide

(iii) Dish drain to be constructed full width of the driveway, minimum 5 metres in length

(iv) 25MPa concrete with SL72 mesh

(v) Permanent erosion protection upstream and downstream of the dish drain.

(n) Any damage to Councils road caused by the construction is to be repaired.

All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of works.

(o) If applicable, clean debris from driveway pipe and nearby drain to facilitate water flow.

(p) If applicable, remove existing entry, reinstate fence and revegetate disturbed area.

(7) Stock proof fencing shall be provided to all boundaries of the proposed lots.

The minimum acceptable standard for new fencing work for rural lots is as follows:

· A fence height of no less than 1,200 mm

· Strainers – spacing 100 m to 200 m depending on terrain

· Steel Star Pickets at 4 m centres

· Two 1.57 mm high tensile barbed wires (or 2.5 mm. high tensile plain wires) on top

· Three 2.8 mm high tensile carry wires

· “Hinged Joint or Ringlock”

· Netting floodgates as required

· All gates shall be set back a minimum of 15 metres from the edge of road formation.

New fences shall take be located so as to minimise the need for tree removal.

All “Hinge Joint or Ringlock” fencing must be set no higher than 50 mm above the surface of the ground.

The existing boundary fence where dilapidated, shall be repaired to the above standard. Existing fence in good order but of varying standards may be permitted if such standard is deemed by Council as ‘stock proof’.

Where the boundary fence does not coincide with the property boundary for proposed subdivision, the applicant shall provide a note on the linen plan that fence may not be constructed on the boundary of particular allotment.

(8) The Applicant shall provide an inspection notice, from within the last two months, of the status of weeds on the property pursuant to the Applicant’s General Biosecurity Duty under the Biosecurity Act 2015. The applicant shall carry out such works as determined by the Local Control Authority for the satisfactory control of weeds before the plan of subdivision will be released. The Local Control Authority is to provide written documentation confirming that these works have been carried out and completed in a satisfactory manner.

The Local Control Authority is currently the Biosecurity Division of Hilltops Council. Please contact the Biosecurity Weeds Manager on (02) 6385 3189 for inspection details and applicable fees.

Where a plan of management is required by the Local Control Authority for the satisfactory control of weeds:

(a) The applicant shall submit to Council a copy of the plan of management

(b) The applicant shall submit to Council written documentation from the Local Control Authority confirming that the plan of management is satisfactory

(c) The plan of management shall be registered as a restriction to user under Section 88 of the Conveyancing Act 1919. The name of the Authority having the power to release, vary or modify this restriction shall be Yass Valley Council and will only be released at such time as an inspection notice from the Local Control Authority is submitted to Council confirming that the area is free of weeds.

(9) Written confirmation from Essential Energy shall be submitted to Council, prior to the issue of the Subdivision Certificate, stating that suitable arrangements for the supply of electricity have been made to each lot within the subdivision.

(10) Satisfactory evidence shall be submitted to Council, prior to the issue of the Subdivision Certificate, demonstrating that suitable arrangements for the provision of a telephone service are available to each lot within the subdivision.

(11) Easements shall be created on the final linen plan of subdivision centred on any existing or new power lines/cables passing through private property and shall be in accordance with the service provider’s requirements.

(12) The applicant shall confirm by survey that the formation and associated batters and drainage structures of Buranda Lane and Noyes Lane, along the frontage of the subject property, are within the road reserve.

Where the existing road is within the subject land, the applicant shall ensure that the legal and physical attributes coincide by adjustment of the road reserve. The applicants request for a Subdivision Certificate shall include specific reference to the review and whether or not adjustment of the road reserve is necessary.

(13) The Restriction to User in DP 812463 and DP 1007105, which prohibit the construction of a dwelling, are to be released prior to the issue of a Subdivision Certificate:

(14) An application for a Subdivision Certificate complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 shall be made and shall include the following:

(A) The name and address of the applicant.

(B) The address and formal particulars of title of the land to which the application relates.

(C) If the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application.

(D) A list of the documents accompanying the application.

The application must be accompanied by the following:

(a) A plan of subdivision (linen plan) acceptable for registration by the NSW Land and Property Information Office.

(b) An Administration Sheet which incorporates a subdivision certificate acceptable for registration by the NSW Land and Property Information Office.

(c) Where easements, rights of carriageway or restrictions on the use of land are proposed or required to be created under Section 88 of the Conveyancing Act 1919, a copy of the relevant instrument.

(d) The relevant documents required by the NSW Land and Property Information Office for the registration of a Community scheme or a Strata scheme, if applicable.

(e) The applicant shall create, where applicable, 20 metre wide easements over the final plan of subdivision in favour of Country Energy, centred on all existing power lines which cross the subdivision.

(f) A copy of relevant development consent or complying development certificate.

(g) A copy of any relevant construction certificate.

(h) A copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions.

(i) A copy of detailed subdivision engineering plans, where relevant.

(j) Evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued.

(k) For subdivision involving subdivision work, evidence that the work has been completed, or:

· agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

· agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.

(l) The relevant fee payment at the date of issue of this consent. The current fee for a subdivision creating up to five lots is $505.

(15) The subdivision certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

ADVISORY NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2017.316.1

(1) This consent has been granted by varying clause 4.1B (using clause 4.6) of the Yass Valley Local Environmental Plan 2013.

The average lot size permitted by clause 4.1B was varied to permit an average lot size less than 40 hectares.

(2) This approval is for subdivision only. Further development consent is required for any proposed dwelling house or other permissible use, as prescribed in the relevant Environmental Planning Instruments of Council.

(3) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region.

(4) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading.

(6) The Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

Ordinary Council Meeting 28 February 2018

6.5 Caravan Parks Strategy

SUMMARY

To provide an update on the Caravan Parks Strategy to manage the Approvals to Operate and compliance of caravan parks in Yass Valley. A risk assessment approach has been undertaken and this report provides an update on the status for each of the caravan parks.

RECOMMENDATION

That:

1. The status report on the Approvals to Operate and risk assessments for caravan parks in Yass Valley be noted

2. If the operator of Hume Park Tourist Resort fails to submit the required information for the approval to operate and/or if details of public liability insurances area not submitted further action be taken to achieve compliance with the caravan park legislation and lease arrangements

Financial IMPLICATIONS

Nil. Provision for compliance activities are include in the 2017/18 Operational Plan

POlicy & Legislation

· Local Government Act 1919

· Ordinance 71

· Local Government Act 1993

· Local Government (Caravan Park, Camping Grounds & Moveable Dwellings) Regulation 1995

· Local Government (Manufactured Homes Estate, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

· Environmental Planning & Assessment Act 1979

REPORT

1. Background

Caravan parks within Yass Valley have been operating for many years. Parks were originally established under Ordinance 71 Local Government Act 1919 and since the introduction of the new Local Government Act 1993, s68 approvals and regulations have applied to new development at the sites.

In addition, approvals are required under the Environmental Planning & Assessment Act 1979.

Changes to tenancy laws also now recognise that caravan parks are a legitimate form of permanent accommodation and provide protections for tenants and landlords as with other forms of rental accommodation.

At present caravan parks provide short term and long term/permanent stays. Generally for the long term/permanent sites the operator rents the site while the occupier owns the caravan/cabin/structure. Details of these arrangements are not required to be submitted to Council as a regulatory authority.

Incremental changes at each of the parks, multiple approvals under different legislation have resulted in a less than clear picture of what sections of the parks operate under which approval/regulation.

In December 2016 Council determined to take a risk approach to managing compliance at caravan parks in Yass Valley.

The key risks identified for caravan parks included:

· Fire safety

· Wastewater management

· Water supply quality

· Solid waste management

2. Risk Management Approach

By documenting and implementing their approach to managing identified risks the parks should be able to operate satisfactorily.

In moving toward this approach, current operators were given time to prepare the necessary risk management plans. This was achieved by:

· Meeting with each operator individually to outline the risk management approach and expectations and seeking agreement to the new approach

· Issuing a 6 month operational licence requiring the preparation of a risk management plan with future Approvals to Operate tied to these plans being in place

· Limiting new Development Applications until the risk management plan is in place

In December 2016 the operators of Lake Burrinjuck Leisure Resort (Woolgarlo), Hume Park Tourist Resort (Hume Park), Yass Caravan Park and Good Hope Tourist Resort were advised of the risk management approach and asked if they were willing to endorse the approach and participate in the process.

All parks responded and agreed to undertake the risk management approach as a basis to receive their Approvals to Operate.

Inland Waters Holiday Parks (Burrinjuck Waters) did not participate in the risk management process as they were compliant with all of their legislative requirements due to recent upgrades within the Park and the limited regulatory role of Council due to being a Crown operation.

In February and March 2017 initial inspections were undertaken by staff with the operators. Inspection reports were provided to each operator along with a works program checklist and updated risk template. All parks received a 6 month Approval to Operate with these approvals including a requirement for the risk assessments to be completed within 6 months and the identified works to be completed or provided with a time frame for completion.

In November/December 2017 all risk assessments and works program were submitted. The risk assessments submitted by the operators were discussed with staff and feedback provided to improve the adequacy of the risk assessments and timelines for works to be undertaken.

A follow up inspection occurred within November/December 2017 to check accuracy of the work programs, risk assessments and to confirm any compliance upgrades that had been made.

3. Risk Management Summary

The following table provides as summary of the identified risks for each park.

Caravan Park	Bushfire	Private Water Supply	Waste	Wastewater Management	Asbestos	Retaining Walls	Swimming Pools	Fire Separation (between cabins)
Woolgarlo	Risk managed	Risk managed	Eliminated risk	Risk managed	Not applicable	Not applicable	Eliminated risk	Risk managed
Yass	Not applicable	Not applicable	Not applicable	Not applicable	Not applicable	Not applicable	Not applicable	Not applicable
Good Hope	Risk managed	Risk managed	Eliminated risk	Risk managed	Not applicable	Not applicable	Risk managed	Risk managed
Hume Park	Risk managed	Risk managed	Eliminated risk	Risk managed	Risk managed	Risk managed	Not applicable	Risk managed

4. Current Status

The following table outlines the current status of each caravan park and licences to operate.

Caravan Park	Approval to Operate (with requirement for risk assessment plan)	Risk Management Plan Due	Risk Management Plan submitted	Approval to Operate issued based on risk management plan	Licence to Operate lapses	Comments
Woolgarlo	4 May to 4 Nov 2017	4 Nov 2017	27 September 2017	19 Dec 2017	4 May 2018
Yass	22 March to 22 Sept 2017	Not applicable	Not applicable	Not applicable	6 June 2018	Approval not tied to risk assessment as upgrades completed so park now compliant with Regulation
Good Hope	23 June to 23 Dec 2017	10 Dec 2017	9 Dec 2017	10 Dec 2017	6 June 2018
Hume Park	26 Apr to 26 Oct 2017	10 Oct 2017	25 Oct 2017	9 Feb 2018	10 June 2018
Inland Waters	Not applicable	Not applicable	Not applicable	Not applicable	30 June 2018	Approval not tied to risk assessment due to previous upgrades and park now compliant with Regulation

As identified above, Yass Caravan Park and Inland Waters are considered to be compliant with the current regulation and have been issued an approval until closer to the end of the financial year. Both of these premises are scheduled for inspection in May/June 2018 and if they remain compliant Approvals to Operate will be issued for the 2018/19 financial year.

Woolgarlo, Good Hope and Hume Park have submitted the necessary risk assessment, work programs and applications to operate. Approvals to Operate have been issued for all three parks. Again inspections are scheduled for May/June 2018 and if activities and works at the sites comply with the risk assessment and works programs, Approvals to Operate will be issued for the 2018/19 financial year.

It should be noted that Hume Park operates under a lease arrangement with Council which is managed separately to the compliance requirements under the caravan park legislation. There are separate obligations under the lease for the operator to comply with. A key obligation is to maintain public liability insurances. Details of the current public liability insurance have been provided.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN4 - Maintain a balance between growth, development and environmental protection through sensible planning

Delivery Program Action EN4.2 - Ensure development application assessment is thorough and efficient

Operational Plan Activity EN4.2.1 - Implement development process improvements to deliver quality and efficiency gains

Attachments: Nil

7.2 Walker Park Strategic Plan

Attachment b Summary of Issues and Responses

Submissions Received for the draft Walker Park Strategic Plan

No.	Submission Items	Comments
1	Congratulate Council on the initiative of developing the strategic plan. Outline current issue where C.D.R.L. will not permit Jim Beck Oval to be used for semi finals due to inadequate facilities. Concerns were raised over the following: · Object to relocation of light towers from centre of Jim beck Oval unless written report stated current lightning would remain the same in luminaires · Is the bollards around Level 2 allowing the complex to be split for different use of sporting codes · Fully support development of Level 4 for greater use · Fully support relocation of the commentators box · Support an investigation into increasing the size or replacing Building 1	Noted. The concerns of the C.D.R.L. are addressed in the strategic plan. Noted. Further investigation to the required lighting standard will be undertaken as part of the design process. Noted. The bollards are a deterrent for vehicles parking between Level 1 and 2 and are only on the sides of the field not along the length the of the field Noted. Noted. Noted. Progressive refurbishment of Building 1 was planned so has been added in the Action Plan in part 10 of the document.
2	Acknowledge the planned improvements will further develop the Walker Park sporting complex. Concerns were raised over the following impacting their property: · Size and height of Grandstand on Level 3 impacting the view and devaluing the properties backing on to Walker Park · The proposed new carpark on Level 3 will it restrict back access to the properties on Yeo Cres? · The proximity of the carpark for Level 3 to Yeo Crescent properties. · What is the timeframe for the Action Plan	Noted. Grandstand sizes have not been determined. The proposed seating is tiered into the bank of the field which is lower than surrounding fences backing onto the field. It is noted that these properties do not have legal rear access, however it is unlikely this will be impacted by any proposed improvements at Walker Park. This will be a consideration of the detailed design phase. Some landscaping may be possible to soften the visual impact. In addition the carpark construction may be staged. Noted. The improvements will be dependent on grant and/or Council funding, therefore the timeframe is unknown.
3	Commend Council for looking at upgrading Walker Park and note the plan contains many positive outcomes. Concerns were raised over the following: · Insufficient lighting on Level 3 with only two light towers, propose an additional two poles on the northern end · Location of grandstand seating on Level 3 be relocated to either the eastern or western sides as current location is behind the goalkeeper which poses a safety risk · Could the proposed road access around Level 3 be two way access without reducing the current field size and also make the existing road access around Level 2 two way. · Will the proposed car park be accessible from Yeo Cres and will it have lighting for safe use at night · The bollards between Level 1 and 2 are removing a parking area, could we develop this into a proper parking area as there is already a shortage of parking · The accessibility ramp would be better utilised in the centre of building 2 as current location has drainage and storm water issues · Can the lighting system be simplified so individual fields can be switched on rather than all fields at once saving on power · Improvements to car park between Level 2 and 3 to increase spaces and close off illegal access along the eastern side of Level 3 · When are the field improvements for Level 1,2 and 3 happening	Noted. Additional posts will be included in plan, however implementation may be staged. Noted. Relocation of grandstands to the eastern side will eliminate risk and be more suitable for spectator comfort Noted. Field size will not change but flow can only be one directional due to limited width on level 2 & 3. There will not be enough circulation space (safety) for sporting users with a two-way road. Noted. Proper car park access will be developed from Yeo Crescent and solar lighting at the carpark has been indicated on the plan to reduce risk at night. Noted. The bollards are a deterrent for vehicles parking between Level 1 and 2. Alternative parking is available a short walk away. Noted. Relocation of accessibility to a central location in front of building 2 Noted. Proposal of individual switches can be a consideration as part of the lighting upgrade. Noted. Additional carparking is proposed via the new carpark off Yeo Crescent. Bollards have been installed previously to prevent access from the building 2 carpark along the eastern side of level 3. Noted. Improvements are dependent on Council funding availability

Ordinary Council Meeting 28 February 2018

7.3 Indoor Sports Stadium and Drill Hall at Yass Showground

SUMMARY

The Drill Hall located at Yass Showground suffered major damage to the roof during a wind storm in September 2017. Following this Yass Gymnastics were relocated to the Indoor Sports Stadium at Yass Showground on a temporary basis. The Yass Show Society, who own the land at the Yass Showground, has expressed an interest in having ownership and control of the Stadium. This report outlines options for Council to consider in terms of the ownership, ongoing management and usage of both the Drill Hall and Stadium.

RECOMMENDATION

That:

1. Discussions continue with the Yass Show Society with a view to transition ownership and management of the Yass Indoor Sports Stadium to the Yass Show Society, with a Memorandum of Understanding to be developed to ensure the facility continues to be available for sport and community use.

2. Yass Gymnastics be permitted to continue to have exclusive use of the Indoor Sports Stadium until 6 July 2018 at the fee currently paid for the Drill Hall.

3. The roof of the Drill Hall be repaired under insurance.

4. Exclusive use of the Drill Hall be permitted as is for 3 years at a rate of $1 per year by Yass Gymnastics under a peppercorn lease arrangement where Yass Gymnastics is responsible for building maintenance and all outgoings associated with the running of the building.

5. Planning be undertaken for the demolition of the Drill Hall in 3 years or if the building became vacant within that time.

Financial IMPLICATIONS

Over the last 5 years the Indoor Sports Stadium at Yass Showground has generated income of $2,500-$3,000 per year, with operating expenses excluding depreciation of $7,000-$9,000. Annual depreciation is approximately $10,000. Should this facility ownership be transferred to the Yass Show Society, Council would no longer incur these costs. The disposal of the asset would result in a one off impact on Council’s profit/loss statement of $512,000 (the current written down value) which would be treated as an extraordinary item on the Income Statement.

Over the last 5 years the Drill Hall at Yass Showground has generated income of $600-$800 per year with operating expenses excluding depreciation of $1,200-$4,000 as minimal maintenance work has occurred. Annual depreciation is $0 as the written down value of the asset is $0. Should this facility be demolished Council would no longer incur these costs. If the asset is repaired and returned to use the facility will be re-valued as part of the current revaluation process of Council’s buildings. Following revaluation an annual depreciation of $1,000-2,000 would be expected.

Due to an insurance claim the Drill Hall would be able to be repaired or demolished at no cost to Council with the exception of the insurance excess cost of $3,000.

POlicy & Legislation

· Leasing of Council Property Policy.

REPORT

1. Background Information

Council owns two buildings at the Yass Showground i.e. the Indoor Sports Stadium and Drill Hall.

The Indoor Sports Stadium was relocated to the Yass Showground site from Duntroon in 1985/86. This followed consideration of the matter by Council through 1984 and a grant of $50,000 received from the NSW Government under the 1984/85 Capital Assistance Program. Since being relocated to the site the facility has been used for a variety of indoor sports, training, displays during the Yass Show, trade shows and by other local groups or private users. With basketball not being played in Yass for a number of years the facility has had low utilisation in recent years.

Current users of the facility include Yass High School, football codes, Yass Show Society, Yass Bird Club and other occasional private users. Basketball is currently recommencing in Yass and is seeking to use the facility.

The Drill Hall was built in 1915 and was originally located on land at the current Walker Park site. At this site the building was particularly used for boxing, gymnastics and other recreational and training uses. In 1992 Council received an offer of a loan of $25,000 to relocate the Drill Hall to the Yass Showground and resolved to proceed with relocation. Since being relocated in 1993 to the Showground the facility has been used primarily for gymnastics, other indoor sports and by the Yass Show Society. In recent years the facility has only been used by Yass Gymnastics.

2. Drill Hall Condition and Roof Damage

In September 2017 the Drill Hall roof was badly damaged by a wind storm. The building has been unavailable for use since that time. Yass Gymnastics, who operated in the Drill Hall prior to the damage, were arranged to relocate into the Indoor Sports Stadium so they could continue operating in the interim.

An insurance claim has been instigated for the damage incurred. The value of repairs expected to be approved under this claim is approximately $30,000.

Aside from the roof repairs required, the Drill Hall is in poor condition and does not meet modern standards. The building does not meet accessibility or fire requirements, contains asbestos in the amenities and has no ventilation or windows.

It is expected that if Council elected to demolish the building due to its condition this could be paid from the insurance claim. Further information on options in relation to the Drill Hall future is included later in this report.

3. Asset Management and Building Ownership

Following the damage to the roof of the Drill Hall, an analysis of the building assets at the Yass Showground was undertaken in association with the insurance claim.

Financial information on the assets is outlined in the Financial Implications section of this report. In summary the Indoor Sports Stadium has a $15,000 impact and the Drill Hall has a $500 - $3,000 impact (noting after revaluation of buildings this is anticipated to be $2,000-$5,000) on Council’s profit/loss statement based on recent operating costs and income. These figures include depreciation. The low utilisation of the Stadium and the low annual fee charged for the Drill Hall use has contributed significantly to this situation. It is also noted that in the years where this data was obtained no major maintenance activities were undertaken on the buildings.

To assist with consideration of the future of these assets the Yass Show Society were asked if they had interest in taking over ownership and management of the Stadium and Drill Hall. This was based on the status of the Drill Hall, the loss Council is incurring on the facilities and as the facilities are located on land not owned by Council. As the land is not owned by Council there is no legal basis for Council to own buildings on Yass Show Society land. When the buildings were relocated to the Showground there was no agreement in place regarding building ownership.

After consideration by their members the Yass Show Society advised they are interested in taking on the Stadium, but not the Drill Hall. This advice was subject to:

1. The stadium being certified by Council as meeting all current building requirements.

2. Any required repairs being performed prior the handover of the asset.

3. The building being vacant of all tenants at the time of takeover.

A number of concerns were also raised by the Show Society due to the number of users and traffic generated by use of the Stadium and Drill Hall.

Ownership of the amenities adjoining the Stadium is likely to be that of the Show Society already as they were in place prior to the Stadium being relocated. These facilities are currently on Council’s asset register, however this is expected to be in error. Council performs occasional maintenance and cleaning of these amenities and have effectively managed the building since the Stadium has been there.

Subject to detailed inspection the Stadium building is in good condition with the exception of the window frames. Given the interest expressed by the Show Society, Council needs to consider whether the Stadium asset is handed over to the Show Society to own and manage. If this option is considered it would be prudent during negotiations to ensure that the facility continues to be available for public recreation and community events. A number of other factors need to considered however as part of this decision making process.

If the building were to be in the ownership of the Yass Show Society they would be eligible to apply for funding opportunities under Council’s Community Grants program for improvement works on the facility.

The transfer will require the asset to be written off Council’s register at a cost of the written down value of $512,000.

4. Yass Gymnastics

Yass Gymnastics were provided access to operate within the Indoor Sports Stadium following the damage to the Drill Hall roof. No long term commitment was made to this arrangement with the assumption being that if the Drill Hall was repaired Yass Gymnastics would return to the Drill Hall. It is noted that if the Drill Hall had not been damaged in all likelihood Yass Gymnastics would be continuing to operate from the Drill Hall.

In November 2017 after operating within the Stadium for a couple of months, Yass Gymnastics owner Michelle Vitler requested to use the Stadium with a rental agreement in place, with assurance provided this would not be a permanent arrangement. In this advice Ms Vitler advised Yass Gymnastics has 230 enrolees with the Stadium providing additional capacity to expand and ability to be considered for Gymnastics NSW events. Due to the number of children enrolled Yass Gymnastics provides an employment opportunity for youth in Yass.

Ms Vitler also advised that the idea of purchasing a portion of land from the Yass Show Society for the purposes of building a dedicated facility was not accepted by the Yass Show Society and that consideration was being given to other available land options in and around Yass. The option of investigating using the hall at St Augustine’s was raised with Ms Vitler, however the need to pack up equipment twice a month due to the Yass Community Markets run by Yass Rotary meant this was unlikely to be considered feasible by Ms Vitler.

It is noted that Yass Gymnastics is a private business so any consideration of exclusive use of a Council facility would be considered a commercial lease and should be undertaken in accordance with Council’s Leasing of Council Property Policy.

Council needs to consider whether Yass Gymnastics can continue to operate in the Stadium, return to the Drill Hall, or be required to find an alternate venue to operate. As part of this consideration Council may elect to provide an interim period so as to allow Yass Gymnastics to find or build an alternative facility. If Yass Gymnastics are required to vacate the Stadium drilled floor plugs for equipment anchors which were not approved would need to be repaired.

A number of parents of children have made contact to raise concern if Yass Gymnastics were to be unable to continue use of the Stadium.

If Yass Gymnastics is permitted to remain in the Stadium then other users would have to seek alternative arrangements as shared use is not feasible given the equipment used by Yass Gymnastics. Consultation with these users has occurred and advice on this process is provided below.

5. Consultation

Other user groups were requested to advise what impact it would have on them if the Indoor Sports Stadium continued to be unavailable for use and whether suitable alternatives were available. Advice received from user groups is included in Attachment A. Without basketball in Yass the Stadium has had low usage as the only regular user is Yass High School, however with basketball recommencing there is potential for demand for the facility to increase substantially.

6. Commercial Use of Buildings

If under Council ownership and either of the buildings has exclusive use by a private business, this would be considered a commercial lease and should be undertaken in accordance with Council’s Leasing of Council Property Policy. Commercial leases should be advertised to seek interest prior to the selection of a lessee.

Advice has been sought regarding commercial lease rates for the facilities. Given the nature of the facilities this is difficult to correlate with other commercial leases in Yass. Advice received is that a commercial rate expected for the Drill Hall would be $150 per week (based on a storage usage), or $7,500 per year. This has informed the current charge listed in the draft 2018/19 Operational Plan. For the Stadium a commercial lease would be expected to realise in excess of $300 per week ($15,000 per year plus).

7. Options to Progress

Council needs to consider the ongoing ownership, management and usage of the Indoor Sports Stadium and Drill Hall.

The following options may be considered by Council.

7.1 Drill Hall

1. Demolish the building

This may be considered due to the condition of the building, potential funding available through insurance to demolish, Council not owning the land and the adverse financial impact of the building on Council’s financial position. If demolished an alternative venue for Yass Gymnastics would not be available.

2. Repair roof and permit use by Yass Gymnastics and demolish in approximately 3 years

If Yass Gymnastics were required to relocate from the Stadium this provides an alternative facility for gymnastics while a new facility or other option is sourced by them. In this option the facility has sole use so a commercial lease arrangement should be entered into, or due to the building condition a peppercorn lease arrangement could be considered where Yass Gymnastics would have sole use and be responsible for all maintenance and outgoings related to the building.

Under this option the roof would be repaired with insurance funding. Council would need to fully fund demolition of the building in a future year. The ongoing issue of a Council facility on Yass Show Society land would remain in the short term, and it is noted that the Yass Show Society have some concern with the impact that such use has on Showground infrastructure (refer to Attachment A).

3. Repair roof and continue to own and operate

If Yass Gymnastics were required to relocate from the Stadium this provides an alternative facility in the longer term for gymnastics, or shorter term while an alternative or new facility is sourced by them. Aside from gymnastics it is considered unlikely that any other physical or recreational users would be sourced for the facility. Further advice in relation to exclusive use is outlined above in option 2.

Under this option in the longer term it is expected that the building will become uneconomical to maintain and repair. The ongoing issue of a Council facility on Yass Show Society land also remains.

7.2 Indoor Sports Stadium

1. Transition ownership and management to the Yass Society with an appropriate Memorandum of Understanding in place

Transition may be considered immediately or over a defined period. As part of the transfer of ownership Council would need to seek assurance the facility would continue to be available for sport, recreational and community uses. This could be included in a Memorandum of Understanding associated with the transfer of ownership. Under this option Council would no longer have control of use of the facility.

Transition of ownership resolves the issue of a building not being on Council land and there would no longer be an adverse financial impact of the facility on Council’s financial position (apart from any repair costs to bring the building up to an acceptable standard for handover and a one off disposal cost of the asset of $512k).

Under this option Yass Gymnastics would need to vacate the Stadium at an agreed time and either relocate to the Drill Hall or another alternative.

2. Continue to own and manage the facility for local community uses

Under this option the facility would continue to operate as it has in the past. Use of the facility for community purposes is guaranteed. Yass Gymnastics would need to vacate the Stadium at an agreed time (mid 2018 or the end of 2018 for example) and either relocate to the Drill Hall or another alternative.

Unless usage increases significantly the adverse financial impact of the facility on Council’s financial position will continue. The ongoing issue of a Council facility on Yass Show Society land also remains.

3. Continue to own and manage the facility via a commercial lease

Exclusive use of the facility by an organisation can occur via a commercial lease. Yass Gymnastics would have the opportunity to seek a lease in addition to other parties when advertised. This may assist in providing a longer term solution for Yass Gymnastics, however other sports and community groups would not be able to use the facility.

The ongoing issue of a Council facility on Yass Show Society land also remains. Council also has the ongoing liability of maintaining the facility, although a commercial lease is expected to generate a higher level of income then via community use under option 2 above.

Of note Council is currently undertaking a review of the feasibility of a heated pool facility in Yass. It has been suggested that this may in the future include a gym and/or stadium areas. However, with concepts only being considered at present there is no certainly of what the final facility may include, and in all likelihood construction of such a facility will be some time into the future. At this point it is not of relevance to the current decision making process with the exception that in the long term there may be a Stadium facility (basketball court) under Council ownership as part of that complex.

8. Summary of Recommendation

Council has previously considered a matter of similar nature in 2015 related to the fee charged for the Murrumbateman Hall for private dance lessons by Dazzle Dance. Dazzle Dance pack up all equipment after each lesson so do not require exclusive use of the Murrumbateman Hall. In consideration of this matter Council resolved to charge Dazzle Dance a commercial rate of $15 per hour (down from $22 per hour). At that time a charge of $9 per hour was specified in Council’s fees and charges for community use, and in the following year community and commercial charges were aligned to be the same rate.

Based on the analysis above it is recommended that discussions continue for the Stadium ownership and management to be transferred to the Yass Show Society with a Memorandum of Understanding in place that ensures sport, recreational and community use of the facility is available. Ownership and management can either be transitioned over time or occur at a defined date.

In association with this recommendation the Drill Hall roof may be repaired and used by Yass Gymnastics under a peppercorn lease arrangement. Demolition of the Drill Hall would be expected to occur in approximately 3 years or earlier if the building is vacant. This takes into account that it is likely to take Yass Gymnastics some time to source an alternative venue, the longstanding arrangement with gymnastics in Yass, and the number of local children involved in the sport through Yass Gymnastics. Under this alternative Council forgoes the opportunity to use insurance claim funds for the building demolition.

With any decision related to the Stadium a requirement to move Yass Gymnastics from the Stadium should only occur with an appropriate notice period. Mid 2018 would be considered appropriate if the alternative option of the Drill Hall is available. Whilst Yass Gymnastics have expressed a strong desire to remain in the Stadium until another more suitable alternative is available, this will have significant impact on other users including schools and the viability of basketball recommencing.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN4 - Maintain and update existing community facilities, and support the development of new community infrastructure as needed

Delivery Program Action IN4.1 - Develop and maintain new and existing recreational and community assets to address our communities needs in a sustainable manner

Operational Plan Activity IN4.1.4 - Manage Council’s properties and buildings

Attachments: a. Yass Indoor Sports Stadium User Group Consultation

⇩

Ordinary Council Meeting 28 February 2018

8.3 Q2 Quarterly Budget Review Statement 2017/18

SUMMARY

This report represents the 2nd Quarterly Budget Review Statement (QBRS) for the period 1 October 2017 to 31 December 2017 in the financial year ending 30 June 2018.

RECOMMENDATION

That:

1. The 2^nd Quarterly Budget Review Statement recommendations contained within be adopted and income and expenditure adjustments be voted

2. Council adopt as an amendment to the 2017/18 Operational Plan that the following projects be loan funded:

WATER

· 300mm Water Main Ford to Demestre Street $925k

· Pressure Pump System at Murrumbateman $175k

· Yass to Murrumbateman Water Supply Pipeline

· Design and Easement $500k

SEWER

·  Riverbank Park Sewer Pump Station Generator $200k

·  Laidlaw Street Sewer Pump Station Upgrade $75

3. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 30 September 2017 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

Financial IMPLICATIONS

Full details of the financial implications of this quarter’s QBRS are contained within the following report.

POlicy & Legislation

· Local Government Act 1993

· Local Government General Regulation 2005

· QBRS Guidelines, Office of Local Government 2010

REPORT

1. Background

In accordance with Clause 203 (Budget Review Statements and Revision of Estimates) of the Local Government (General) Regulations 2005:

(1) Not later than 2 months after the end of each quarter, the responsible accounting officer of a Council must prepare and submit to the Council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the Council’s Revenue Policy included in the Operational Plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

(b) If that position is unsatisfactory, recommendation for remedial action.

In accordance with Clause 211 (Authorisation of expenditure) of the Local Government (General) Regulations 2005:

(1) A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause (2) or at a later ordinary meeting:

(a) has approved the expenditure, and

(b) has voted the money necessary to meet the expenditure.

2. Budget Review

The second Budget Review Statement (QBRS) presents a summary of Council’s financial position at the end of the second quarter for the financial year ended 30 June 2018.

The quarterly budget review process is the mechanism through which Council and the community are informed of Council’s progress against the Operational Plan (annual budget), together with recommendations for changes and reasons for any budget variations.

The QBRS appears as Attachment A, and has been produced in accordance with the guidelines and standards issued by the Office of Local Government.

Council is provided with a breakdown of the budget and actuals by functional/service unit in accordance with Council’s Annual Financial Statements (Note 2) and key performance indicators (financial ratios). Staff have undertaken a mapping process to ensure this information is accurate.

2.1 Summary

Council’s operational revenue is currently is currently tracking $1.1m over budget, which is mainly a result of us receiving the FAGS grant in advance. Operational expenditure is tracking $4m under budget. This is due to the timing of some operational expenditure, which could be seasonal, paid semi-annually or annually.

Capital Revenue is tracking $79k over budget, which is due to the timing of the grant payments being received. Capital Expenditure is currently $2.6m under budget, which is as a result of the timing of projects. Please see the Capital Works Report for a breakdown and timing of the work for 2017/18.

Overall we are tracking quite well, when comparing the Q2 movements to 2016/17.

Council has collected 54% of their rates receivable in Q2, which is in line with the 55% collected over the same period in 2016/17.

Investment income is tracking $31k over budget currently and is slightly under the income generated in 2016/17. The timing of the maturing dates for term deposits has an impact on this.

2.2 Operational Budget Result

As a result of this budget review, Council’s projected year end net operating result before capital items is expecting an decrease of $188k to a deficit of $1,012k for 2017/18.

2.3 Capital Budget Result

As a result of this budget review, Council’s anticipated expenditure on capital items is expected to increase by $260k to $13.258m for 2017/18.

2.4 Commentary on Key Variances

There is an increase of $1.2m for the Natural Disaster work required. This work is offset by an increase of grant funding of $1.2m.

In the draft 2017/18 Operational Plan Council allocated funds for the construction of gravel roads to Fairlight Road and Yass River Road. Mulligans Flat Road was included in the draft program, however was removed as this may have had an impact on Council being able to employ its workforce in subsequent years. Because significant grant funding has now been announced for Mulligans Flat Road in 2018/19, Council has greater flexibility in delivering these works.

As a result there has been ability to complete the bitumen sealing of the entire length of Fairlight Road (2.5km). Funding of the work is achieved through moving current funds of $340,000 from Walmsley’s Bridge replacement (Special Rate Variation and Roads to Recovery funding) to Fairlight Road and an additional $30,000 of Section 94 funds to Fairlight Road. This provides for a total budget of $870,000 for Fairlight Road and delivers an excellent outcome for Council and the community in being able to complete the sealing of Fairlight Road. Funding for Walmsley’s Bridge is able to be achieved through allocation of $170,000 of the recently announced Fixing Country Roads grant for the Yass Valley Bridge Replacement Program and $170,000 of Section 94 funding.

Work on Fairlight Road is well progressed with all work expected to be completed in early March. Undertaking the work in one stage has enabled some efficiencies to be gained through only needing to establish at the job site once instead of twice.

NSW Public Works Advisory has been engaged for design, environmental studies, survey and technical investigation, which has identified the need to increase the budget for Yass to Murrumbateman Water Supply Pipeline project by $100k.

The S94 contributions is expected to generate and additional $150k of income.

There is an additional $170k required for the Local Road Maintenance. Significant expenditure for tree maintenance and removal in urban and rural areas has been required as a result of storm activity through 2017/18. Additional footpath, kerb and gutter maintenance work undertaken to address essential defects in these assets.

$75k has been added for legal actions. The increase is due to legal matters currently before the court.

An additional $70k has been added for the investigation and works required at the Kirby Jones property. Work is in progress for the investigation, testing and removal where required of construction waste from the site. Findings from investigations may impact future costs related to addressing the construction waste at the site.

All changes can be viewed in Attachment A under Income & Expenses Budget Review Statement recommended changes to revised budget.

2.5 Cashflow – Source of Project Funding

In the 2017/18 Operational Plan the following projects were proposed to be funded from Reserves:

 WATER

o 300mm Water Main Ford to Demestre Street $925k

o Pressure Pump System at Murrumbateman $175k

o Yass to Murrumbateman Water Supply Pipeline

Design and Easement $500k

 SEWER

o Riverbank Park Sewer Pump Station Generator $200k

o Laidlaw Street Sewer Pump Station Upgrade $75

There are insufficient funds in the Water and Sewer Section 64 (Contributions) Reserve to service the long term requirements and therefore these projects will require loan funds. These are essential works and should not be deferred. There are sufficient funds within Water and Sewer operating budgets to service these loans. The total loan required will be $1.6m for Water and $275k for Sewer.

2.6 Commentary on LTFP

In accordance with Fit for the future proposal our financial sustainability benchmark will remain within the desired ranges by 2026 as per Office of Local Government requirements.

Strategic Direction

Key Pillar 5. Our Civic Leadership

CSP Strategy CL1 - Effect resourceful and respectful leadership and attentive representation of the community

Delivery Program Action CL1.5 - Improve Council’s operating performance (operating performance ratio)

Operational Plan Activity CL1.5.5 - Review Council's Financial Reporting Framework

⇩

12.4 Minutes of the Traffic Facilities Management Committee held on 7 February 2018

Attachment a Traffic Facilities Management Committee Minutes 7 February 2018

Yass Valley Traffic Facilities Management Committee Meeting Minutes

Wednesday 7^th February 2018

10.30am

Council Foyer Room

209 Comur Street Yass

AGENDA

AGENDA.. 2

1.0 Present: 3

2.0 Apologies 3

3.0 Declaration of Interest 3

4.0 Public Participation. 3

5.0 Confirmation of Minutes 3

6.0 Matters Arising From Minutes 3

6.1 Various Parking Modifications 3

7.0 Matters for Information. 3

7.1 Walking Event for Awareness of Brain Cancer 3

7.2 Rehabilitation Works on the Roundabout (RAB) Yass Valley Way near
Service Centre. 3

7.3 Erection of a Concealed Driveway Sign. 3

9.0 Items Delegated to Council 3

9.1 Traffic Concerns Stephens Street Binalong near intersection Fitzroy Street 3

9.2 Traffic Safety Concerns Pritchett Street Yass 4

9.3 Traffic Safety Concerns Gundaroo Village. 4

9.4 Traffic Safety Concerns Dutton Street Yass………………………………..…….......................................................... …4

9.5 Traffic Safety Concerns adjacent to Yass Bowling Club……………………....................................................... …..4

9.6 Traffic Safety Concerns in relation to access to 21 Mont Street Yass…..….4

9.7 Traffic Safety Concerns Mont Street Yass 4

9.8 Traffic Safety Concerns Faulder Avenue Yass………………………………..…....................................................... ….5

9.9 Traffic Safety Concerns Orion Street Yass…………………………………….......................................................... …….5

9.10 Traffic Safety Concerns Merriman Drive Yass………………………………............................................................. …..5

9.11 Traffic Safety Concerns Monteagle Street Binalong…………………….......................................................... ………5

9.12 Traffic Safety Concerns Merriman Drive Yass………………………………......................................... ……..5

9.13 Comur Street Mid-Block Crossing………………………………………………............................................................... ….5

10. Update On Current Traffic Management Committee Issues Purpose Of ..................................... Report 6

1.0 Present:

Councillor Jasmin Jones (Chairperson), Sargent Steve Pidgeon (Police), Terry Cooper (Engineering Services Manager), Greg Minehan (RMS), Michael Buckley (RMS) & Trish Rayner (Minutes).

Presentation to the Traffic Committee - relation to Item 9.1

Safety concerns in relation to Stephens Street, Binalong (Nigel Wong & Leon Arabin)

Meeting opened at 10:30am.

2.0 Apologies

Nil.

3.0 Declaration of Interest

Councillor Jasmin Jones expressed a non-pecuniary/non-significant interest with item 10 (9.5) on the agenda.

4.0 Public Participation

Community representatives of Binalong presented a PowerPoint on their safety concerns in relation to Item 9.1 on the Agenda.

5.0 Confirmation of Minutes

RECOMMENDED that the minutes of the Meeting held on 1 November 2017, copies of which had been circulated to all Committee members, be taken as read and confirmed.

Confirmed

6.0 Matters Arising From Minutes

6.1 Various Parking Modifications

In August 2017 and November 2017 the Committee considered a number of requests to modify existing parking arrangements. These requests were approved subject to the changes being placed on public exhibition, any submission received considered and any changes approved by Council - Mount Street Parking concerns (Linton), Meehan Street Parking Concerns (Apex), Rossi Street Crest (near Irvine Drive) Parking Concerns & Bus Waiting Area Near Courthouse.

ACTION: That all changed parking arrangements, detailed in the report and previous meeting, be implemented subject to available funding.

7.0 Matters for Information

7.1 Walking Event for Awareness of Brain Cancer

Council has received a request to undertake a walking event utilising roads within the Yass Valley LGA.

ACTION: The information was noted.

7.2 Rehabilitation Works on the Roundabout (RAB) Yass Valley Way near Service Centre

To advise the Committee of road rehabilitation works that will be undertaken on the RAB on Yass Valley Way near the Service Centre.

ACTION: The information was noted.

7.3 Erection of a Concealed Driveway Sign

The RMS has advised that a concealed driveway sign will to be erected before the driveway of property 160 Goondah Road.

ACTION: The information was noted.

8.0 Matters Considered between Meetings

NIL

9.0 Items Delegated to Council

9.1 Traffic Concerns at Stephens Street Binalong, near intersection with Fitzroy Street

Council has received a number of requests from residents raising concerns in relation to the safety of Stephens Street (Burley Griffin Way) near the intersection with Fitzroy Street, particularly with concerns about vehicles leaving the carriageway and hitting the adjacent residents etc.

RECOMMENDATION: The Committee provide in principle support to the installation of chevron alignment markers and signs as well as the line marking of the centre of the road.

Unanimously supported

ACTION:

1. RMS to arrange:

· Installation of CAMS on the curve of the Burley Griffin Way near the intersection with Fitzroy Street

· Move the hold line in Fitzroy Street closer to Burley Griffin Way

2. RMS to investigate:

· drainage issues on Burley Griffin Way

· extending the urban limit further out form the village

· reducing the speed limit from 60 to 50kph

· installation centreline mark including RPM’s

· road damage near the intersection

· the intersection of Burley Griffin Way and Queen Street

3. The residents be advised of the above.

9.2 Traffic Safety Concerns Pritchett Street, Yass

Council has received a request from a resident raising concerns in relation to the vehicles speeding and shear number of vehicles utilising Pritchett Street Yass, primarily relating to residents using this route to by-pass Comur Street.

ACTION:

1. Council to place traffic classifiers to establish vehicle volumes and speeds

2. Council to investigate the installation of centreline and fog lines

3. Matter to be referred to Police to monitor traffic movements.

4. The resident be advised of the above.

9.3 Traffic Safety Concerns Gundaroo Village

Council has received a request from a resident raising concerns in relation to the traffic safety in Gundaroo Village, primarily relating to vehicles not travelling at the posted speed limit (50 kph).

RECOMMENDATION: The Committee provide in principle support for the installation of repeater ‘50km’ signs in the Gundaroo Village.

Unanimously supported

ACTION:

1. The proposed installation of repeater ‘50km’ signs be installed.

2. The resident be advised of the above.

9.4 Traffic Safety Concerns Dutton Street, Yass

Council has received a request from a resident raising concerns in relation to the traffic safety in Dutton Street, Yass. The issues raised by the requester have previously been considered by the committee and a design solution agreed. Currently funding opportunities are being investigated.

RECOMMENDATION: The Committee provide in principle support a ‘Left turn only sign at the exit of the driveway of the new multi dwelling development

Unanimously Supported

ACTION:

1. Council investigate funding the proposed traffic devices considered by the Committee for Dutton Street

2. Council install a ‘left turn only sign adjacent to the new multi-dwelling development on Dutton street.

3. The resident be advised of the above.

9.5 Traffic Safety Concerns adjacent to Yass Bowling Club

Council has received a request from the Deputy Chairperson of the Yass Bowling Club raising concerns in relation to the traffic safety adjacent to the Yass Bowling Club. The primary issue relates to safe access to the site by patrons and emergency services vehicles.

RECOMMENDATION: The Committee provide in principle support for the installation of ‘No-Parking’’ signs at the front of the Yass Bowling Club.

Unanimously supported

ACTION:

1. The proposed changed parking arrangements be placed on public exhibition.

2. The Deputy Chairperson of the Yass Bowling Club be advised of the above.

9.6 Traffic Safety Concerns in relation to access to 21 Mont Street, Yass

Council has received a request from a resident raising concerns (refer redacted email attached) in relation to the traffic safety associated with access to 21 Mont Street. The resident’s preferred solution is the installation of a convex mirror to improve vision of traffic on Mont Street.

RECOMMENDATION: The Committee provide in principle support for the installation a convex mirror.

Unanimously supported

ACTION:

1. Council to investigate appropriate location for the convex mirror and install.

2. The resident be advised of the above.

9.7 Traffic Safety Concerns Mont Street, Yass

Council has received a request from several residents raising concerns in relation to the traffic safety in Mont Street Yass in relation to a bend near the intersection with Worth Street

RECOMMENDATION: The Committee provide support for centreline marking

Unanimously supported

ACTION:

1. Council install centreline marking on Mont Street bend.

2. The resident be advised of the above.

9.8 Traffic Safety Concerns Faulder Avenue, Yass

Council has received a request raising concerns in relation to the traffic safety in Faulder Avenue Yass. Refer attached diagram. This primarily relates to vehicle speeding and performing burnouts.

RECOMMENDATION: The Committee not support the installation of traffic calming devices

Unanimously supported

ACTION:

1. Refer matter to Police to monitor traffic movements.

2. Council to contact the resident to attain further information and to establish if there is a pattern of activity to assist police monitoring.

9.9 Traffic Safety Concerns Orion Street, Yass

Council has received a request from a resident raising concerns in relation to the traffic safety in Orion Street Yass adjacent to the bus shelter near intersection with Hume Street.

RECOMMENDATION: The Committee provide in principle support for installation of a crossing point.

Unanimously supported

ACTION:

1. Council to consider funding opportunities to allow installation of the crossing

2. The resident be advised of the above.

9.10 Traffic Safety Concerns Merriman Drive, Yass

Council has received a request from a resident raising concerns in relation to the traffic safety in Merriman Drive, Yass. The primary concerns relate to vehicles speeding and the requester’s solution is traffic calming devices.

RECOMMENDATION: The Committee not support the installation of traffic calming devices

Unanimously supported

ACTION:

1. Council to place traffic classifiers to establish vehicle volumes and speeds.

2. Refer matter to Police to monitor traffic movements.

3. The resident be advised of the above.

9.11 Traffic Safety Concerns Monteagle Street, Binalong

Council has received a request from a resident raising concerns in relation to the traffic safety in Monteagle Street, Binalong. Concerns relate to vehicles speeding along the side streets to pass slower vehicles on Burley Griffin Way.

RECOMMENDATION: The Committee provide in principle support for the part closure of Monteagle Street (on east side of Dickson) to stop traffic using this street to by-pass Burley Griffin Way.

Unanimously supported

ACTION:

1. The proposed part road closure of Monteagle Street (on east side of Dickson) be placed on public exhibition.

2. The resident be advised of the above.

9.12 Request for Additional Disabled Car Parking Spaces in Comur Street, Yass

Council has received a request from a resident requesting additional disabled car parking in Comur Street to allow easier access to the chemists and the Post Office.

RECOMMENDATION: The Committee provided in principle supported for:

1. The installation of two additional disabled car parking spaces located on Comur Street north of the Post Office and south of Meehan Street to be placed on public exhibition.

2. The installation of a temporary disabled car park to be placed on Comur Street outside of the Computer shop/NRMA due to the temporary loss of the disabled car parks at the side of the newsagency.

Unanimously supported

ACTION:

1. The proposed disabled car parks be placed on public exhibition.

2. A temporary disabled parking space be installed.

3. The resident be advised of the above.

9.13 Comur Street Mid-Block Crossing

Council has resolved to install a trial temporary mid-block crossing on Comur Street between Meehan and Lead Streets.

RECOMMENDATION: The Committee provide support to install a trail temporary mid-block crossing on Comur Street between Meehan and Lead Streets as per the concept design.

Unanimously supported

ACTION:

1. Council install a trial temporary mid-block crossing in Comur Street between Meehan and Lead Streets

2. Council to investigate installing additional signs to direct vehicles to alternate parking locations, including the park and ride on Lead Street, the carpark adjacent to Atherfield Medical Centre on Lead Street & the carpark at Banjo Paterson Park on Meehan Street.

3. Council to investigate options to encourage pedestrian use of the temporary crossing including working with the Youth Committee & ensuring the temporary facility is ‘inviting’.

4. Council to apply for funding from the RMS 2019-20 Active Transport Grant Funding Program.

10. Update On Current Traffic Management Committee Issues Purpose Of Report

To provide the Committee an update on progress on Committee issues/activities.

ACTION: The information was noted.

MEETING CLOSED – 12:30pm

NEXT MEETINGS– 10.30am

2^nd May 2018

1^st August 2018

7^th November 2018

Fill Source	Certified VENM/ENM	Volume Delivered	Name & Organisation/Affiliation	Vehicle Registration	Contact Details	Signature	Date

User Group	Feedback and Comments Received
Yass Basketball Association	Recently held an introduction/registration night and had 60 kids register. There is also interest from adults wanting to start a competition with some teams already forming. They would seek to have use of the Stadium two afternoon/nights (Monday night, Tuesday afternoon/night) a week initially and then 3 times (Sunday mornings) a week when coaching commences. The Stadium would allow them to hold competitions against other associations and provides suitable equipment storage, canteen, amenities, parking and a scoreboard; all of which the current venue do not have (Mount Carmel School outdoor courts). They have some sponsorship in place and will be seeking to have a miniball competition for young kids. If required to play outside at another venues numbers are expected to diminish in winter.
Yass High School	Use the Stadium once a week in general and occasionally in wet weather and intend to continue this arrangement. They have advised that if the Stadium continued to not be available from term 2 onward, it would make it very difficult to cater for school sport with the growing local school population. They have advised they don’t really have a feasible alternative to the Stadium.
Yass Public School	Used the Stadium in the past for out of school sport training (soccer and basketball). Due to time constraints they don’t have enough teachers to continue this out of school training. They have outdoor netball courts and an outdoor basketball court available in the nearby O’Connor Park. Busing kids is cost prohibitive so have no plans to use the Stadium, although they would like to if cost wasn’t a factor.
Mount Carmel School	Have their own outdoor basketball court. Consider it unlikely to need to use the stadium given they no longer have high school age children at Mount Carmel.
Berinba Public School	School would plan to use the Stadium twice a week for school sport (Wednesday and Friday afternoons) if available for basketball, indoor soccer and volleyball. The Stadium would also enable them to host interschool events in the Stadium. The school is keen to broaden the sports skills base at Berinba by offering other opportunities to those currently available at the school grounds. If access to the Stadium is not possible it will restrict them somewhat and mean they offer less of a range of sports. It would mean they need to manage sport at the school.
Yass Show Society	Require the Stadium for 2 weeks each year for the Yass Show. Yass Show Society have also informed that with ownership of the building, it would be used for their regular meetings providing access to toilets, allow fundraising events to be held, allow additional set-up time for the Yass Show and private party use. Concern was raised with the number of users and traffic generated by current use of the Stadium and Drill Hall resulting in additional road maintenance costs, safety concerns, impeded use of the rest of the facility, rubbish generation and volunteer effort to maintain around the Stadium, lack of notification of use at the show ground and insurance concerns related to other user groups on the site.
Yass Rams Rugby Union Club	Advised they only use the Stadium a couple of times a year for training when it is raining, and if the Stadium were not available they would need to cancel training when it is raining or if the sports grounds are closed. Use of the netball courts or one of the gyms may be a suitable alternative.
Yass United Rugby League Football Club	Advised they only use the Stadium 4-5 times a year for first grade training when it is raining or Walker Park is closed. They advised that given the first grade is run like a business in a very competitive competition, training needs to occur even when it is wet, with the Stadium providing that option. They advised that it is not really feasible to transfer training to a local gym and that they needed a venue that allowed physical activity.
Yass Bird Club	Use the Stadium 2 times per year and anticipate this to continue. If the Stadium is unavailable they would not be able to hold their events in Yass as there are no other indoor spaces of this size.

	Rates and Charges Levied (includes interest)	Paid 1 July to 31 December	Balance Outstanding	% Paid 1 July to 31 December
Arrears to 30/6/2014	$893,622.64	$596,902.48	$296,720.16	66.80
Arrears to 30/6/2015	$617,120.63	$316,176.82	$300,943.81	51.23
Arrears to 30/6/2016	$583,513.66	$329,753.63	$253,760.03	56.51

Arrears to 30/6/2017	$624,651.42	$350,105.45	$274,545.97	56.05
Current Years Rates and Charges billed since 1/7/17	$15,298,237.70	$8,322,210.22	$6,976,027.48	54.40
TOTALS	$15,922,889.12	$8,672,315.67	$7,250,573.45	54.45

Year	No of Assessments	Amount
2004/2005	1	$201.52
2005/2006	1	$309.09
2006/2007	1	$342.02
2007/2008	1	$437.26
2008/2009	5	$2,791.12
2009/2010	5	$3,497.44
2010/2011	5	$3,408.90
2011/2012	6	$4,366.34
2012/2013	6	$6,547.15
2013/2014	10	$11,178.00
2014/2015	16	$26,351.23
2015/2016	36	$45,212.46
2016/2017	252	$169,903.44
	TOTAL	$274,545.97

Date Received	-	12 December 2017
Land	-	66 Buranda Lane, Gundaroo
Area	-	109 hectares
Zoning	-	RU1 Primary Production

RECOMMENDATION

REPORT

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

Attachments: Nil

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

SUMMARY

RECOMMENDATION

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POlicy & Legislation

REPORT

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RECOMMENDATION

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POlicy & Legislation

REPORT

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SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

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SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

Report

Recommendation

REPORT

Recommendation

REPORT

Recommendation