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Minutes of the

Ordinary Meeting of Council

Wednesday 23 May 2018

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 2

2. Apologies. 2

3. Declaration of Interest/Disclosures. 2

4. Confirmation of Minutes. 3

5. Mayoral Minute. 4

5.1 Mayoral Minute - Barton Highway - RMS Industry Briefing. 4

6. Director of Planning Reports. 5

6.1 Bango Wind Farm - Community Enhancement Scheme.. 5

6.2 Development Application No 5.2018.31.1 - Small Bar License, 15 Queen Street, Binalong. 5

6.3 Development Application No 5.2018.18.1 - Dental Surgery, 40 Middle Street, Murrumbateman.. 7

6.4 Weed Management Arrangements. 7

6.5 Assessment Panels: Yass Valley Grant Programs. 8

7. Director of Engineering Reports. 8

7.1 Bus Shelter Construction.. 8

7.2 Murrumbateman, Bowning, Bookham and Binalong Flood Study - Tender YVC/ASS/10.2018. 8

7.3 Murrumbateman BMX Track Update. 9

7.4 Drainage Concerns Browne Street Yass. 9

8. Director of Finance & Corporate Reports. 10

8.1 2018/19 Operational Plan (including Making of the Rates) 10

8.2 Q3 Quarterly Budget Review Statement 2017/18. 11

8.3 Investment and Borrowings Report 11

8.4 Councillor Fees 2018/19. 12

9. General Manager Reports. 12

9.1 Governance and Finance Committee. 12

10. Notice of Motion. 3

10.1 Wind Turbines in Yass Valley. 3

11. Questions with Notice. 13

11.1 Questions on Notice - Cr G Frost 13

12. Minutes and Recommendations of Council Committees. 14

12.1 Minutes of the Traffic Management Committee held on 2 May 2018. 14

13. Confidential Matters. 16

13.1 Murrumbateman, Bowning, Bookham and Binalong Flood Study - Tender YVC/ASS/10.2018. 16

Open Forum

Presentations to Council – Items on the Meeting Agenda

· 6.2 – Development Application No 5.2018.31.1 – Small Bar License, 15 Queen Street, Binalong

Nick Arokiaswamy

Jan Giles – Applicant

Adrian Sykes – Applicant

· 7.4 – Drainage concerns Browne Street, Yass

Dennis Pollack

· Notice of Motion – Wind Turbines in Yass Valley

Noelene Hazell

Jim Field

John McGrath

Jackie Groom

Robyn Winterflood

Paul Regan

David Sainsbury

Barbara Folkard

Council Meeting - The Mayor declared the meeting open at 4.51 pm.

Present

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

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

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor M McManus declared a non-significant, non-pecuniary conflict of interest in the Notice of Motion Wind Turbines in Yass Valley and stated that he believed that his interest would not preclude him from voting

Reason: Councillor McManus declared an interest as he is employed by Transgrid who connect most wind farms in NSW to the network.

Councillor Burgess declared a pecuniary interest in the Bango Wind Farm – Community Enhancement Scheme and stated that he believed that his interest would preclude him from voting.

Reason: Councillor Burgess declared a pecuniary interest as a neighbouring property may be entering into a financial arrangement with the proponent.

Councillor Jones declared a non-pecuniary, non-significant interest in development Application No 5.2018.18.1 – Dental Surgery, 40 Middle Street, Murrumbateman and stated that she believed her interest would not preclude her from voting.

Reason: Councillor Jones declared an interest as the dentist is the one she attends.

MOTION

RESOLVED that Item 10.1 Notice of Motion Wind Turbines in Yass Valley be brought forward and dealt with following confirmation of the minutes.

(McManus/Harker) 79

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

AGAINST: Nil

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 26 April 2018 covered by page numbers 3-11 inclusive and resolution numbers 58-78 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Turner/Furry) 80

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

AGAINST: Nil

10. Notice of Motion

10.1 Wind Turbines in Yass Valley

Councillor Geoff Frost has given notice that at the Ordinary Council Meeting on 23 May 2018, he will move the following motion.

RESOLVED Council opposes in principle the siting of new industrial wind turbines in Yass Valley.

(Frost/Turner) 81

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

AGAINST: Councillors C Burgess, N Furry, M McManus and M Reid

Note: Notice of a Rescission Motion was received on Thursday 24.06.2018 that will be considered at the next Council meeting scheduled for the 27.06.2018

FORESHADOWED MOTION

1. That Yass Valley Council remain impartial to any permissible development and that we continue to judge all applications on their merits

2. That Yass Valley Council continues to work in the best interests of the whole community.

3. That Council put out a survey to the community

(McManus/

MOTION

RESOLVED that Council reconvenes for a special workshop to determine appropriate wording to present to the State Government on its position on industrial wind turbine farms which will come back to Council for a vote.

(Jones/Turner) 82

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

AGAINST: Councillors N Furry and M McManus

5. Mayoral Minute

5.1 Mayoral Minute - Barton Highway - RMS Industry Briefing

SUMMARY

Roads and Maritime held a briefing session on 11 May 2018 at the Yass Bowling Club outlining plans for the safety improvements and duplication of the highway.

RESOLVED that :

1. Council note that the NSW Government, through the Minister for Roads, Maritime and Freight, the Hon. Melinda Pavey, reinforced its commitment to duplication of the Barton Highway and that the RMS are investigating opportunities to partner with industry to achieve the most productive use of available funding.

2. Council continue to lobby both State and Federal Governments for additional funding until the entire Barton Highway is duplicated.

(Furry/Harker) 83

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

AGAINST: Nil

6. Director of Planning Reports

At 05:57 pm Councillor Burgess left the Chambers.

6.1 Bango Wind Farm - Community Enhancement Scheme

SUMMARY

Reporting on the outcomes from the public exhibition of the draft Voluntary Planning Agreement for the Bango Wind Farm community enhancement scheme. It is recommended that the Agreement be finalised as exhibited.

MOTION

That the item lay on the table until the September 2018 Council Meeting.

(Frost/

MOTION LAPSED

RESOLVED that the Voluntary Planning Agreement for the community enhancement scheme associated with the Bango Wind Farm be finalised as exhibited.

(McManus/Furry) 84

FOR: Councillors R Abbey, N Furry, A Harker, J Jones and M McManus

AGAINST: Councillors G Frost, M Reid and K Turner

At 06:10 pm Councillor Burgess returned to the Chambers.

6.2 Development Application No 5.2018.31.1 - Small Bar License, 15 Queen Street, Binalong

SUMMARY

Considering Development Application No. 5.2018.31.1 for the addition of a bar license to an existing cafe at 15 Queen Street, Binalong. The application attracted four submissions.

MOTION

That Conditional Development Consent be issued for Development Application No 5.2018.31.1 for a small bar licence at 13 and 15 Queen Street, Binalong including requirements:

· Limiting the hours of operation from 5.00 pm to 8.30 pm Sunday to Thursday and from 5.00 pm to 10.00 pm on Friday and Saturday

· Extend opening hours by an hour in daylight saving times on Sundays and Thursdays

· Limiting the number of patrons to 50 persons

· Rural fencing be provided around the licensed area

(Frost/Turner)

FOR: Councillors G Frost and K Turner

AGAINST: Councillors R Abbey, C Burgess, N Furry, A Harker, J Jones, M McManus and M Reid

MOTION LOST

RESOLVED that Conditional Development Consent be issued for Development Application No 5.2018.31.1 for a small bar license at 13 and 15 Queen Street, Binalong including requirements:

· Limiting the hours of operation from 5.00 pm to 8.30 pm Sunday to Thursday and from 5.00 pm to 10.00 pm on Friday and Saturday

· Extend opening hours by an hour in daylight saving times

· Limiting the number of patrons to 50 persons

· Rural fencing be provided around the licensed area

· That days of operation be limited to 150 days

(McManus/Furry) 85

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

AGAINST: Nil

FORESHADOWED AMENDMENT

That Conditional Development Consent be issued for Development Application No 5.2018.31.1 for a small bar licence at 13 and 15 Queen Street, Binalong including requirements:

· Limiting the hours of operation from 5.00 pm to 8.30 pm Sunday to Thursday and from 5.00 pm to 10.00 pm on Friday and Saturday

· Limiting the number of patrons to 50 persons

· Rural fencing be provided around the licensed area

(Jones/

FORESHADOWED AMENDMENT

That Conditional Development Consent be issued for Development Application No 5.2018.31.1 for a small bar licence at 13 and 15 Queen Street, Binalong including requirements:

· Limiting the hours of operation from 5.00 pm to 8.30 pm Sunday to Thursday and from 5.00 pm to 10.00 pm on Friday and Saturday

· Extend opening hours by an hour in daylight saving times

· Limiting the number of patrons to 50 persons

· Rural fencing be provided around the licensed area if required by the Liquor and Gaming Authority

(Frost/

6.3 Development Application No 5.2018.18.1 - Dental Surgery, 40 Middle Street, Murrumbateman

SUMMARY

Presenting the assessment of Development Application No. 5.2018.18.1 for a dental surgery at 40 Middle Street Murrumbateman. The application attracted three submissions.

MOTION

That conditional Development Consent be issued for Development Application 5.2018.18.1 for a dental surgery at 40 Middle Street Murrumbateman including requirements that:

· Noise is to be limited to acceptable levels beyond the boundaries of the subject land being 55dB(A) during the daytime (7am – 6pm), 45dB(A) during the evening (6pm – 10pm) and 40dB(A) at night (10pm-7am).

· Submission of a landscaping plan that includes native plants & shrubs to screen the development, plant selection should not interfere with sight lines of vehicles entering and leaving the site.

· Advertising signs shall be non-illuminated at all times.

(McManus/

MOTION LAPSED

RESOLVED that the item be deferred pending further discussions with the applicant.

(Jones/Frost) 86

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

AGAINST: Councillors R Abbey, C Burgess and M McManus

6.4 Weed Management Arrangements

SUMMARY

Reviewing the arrangements for carrying out our weed management obligations in the future.

RESOLVED that :

1. Hilltops Council be advised that the Service Agreement for Weed Management in Yass Valley will not be extended beyond 30 June 2018 and negotiations commence on the transfer of assets and liabilities.

2. Yass Valley Council Financial staff be directly involved in the settlement negotiations with Hilltops Council.

3. The process of establishing a weed management service at Council be commenced.

(Burgess/Turner) 87

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

AGAINST: Nil

6.5 Assessment Panels: Yass Valley Grant Programs

SUMMARY

Assessment Panels for Council’s Community Grant Program and Local Heritage Grants Program are comprised of elected representatives and Council staff. Nominations are sought from elected representatives to be part of the Assessment Panels for the grant programs.

RESOLVED that Councillors Burgess and Furry be elected to participate on the Assessment Panel for the Community Grants Program and Councillor Frost be elected to participate on the Assessment Panel for the Local Heritage Grants Program.

(Harker/Reid) 88

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

AGAINST: Nil

7. Director of Engineering Reports

7.1 Bus Shelter Construction

SUMMARY

Council has received funding to install 14 bus shelters. One proposed location has now become redundant and a decision is required on an alternate location.

RESOLVED that Council install a bus shelter in Craig Close Yass.

(McManus/Jones) 89

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

AGAINST: Nil

7.2 Murrumbateman, Bowning, Bookham and Binalong Flood Study - Tender YVC/ASS/10.2018

SUMMARY

Providing advice on the submission of tenders for the Murrumbateman, Bowning, Bookham and Binalong Flood Study – Tender YVC/ASS/10.2018.

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.

(Burgess/Turner) 90

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

AGAINST: Nil

7.3 Murrumbateman BMX Track Update

SUMMARY

Updating Council on a suitable location for the Murrumbateman BMX track and advise of significant matters that have delayed community consultation.

RESOLVED that

1. Consultation be undertaken with the Murrumbateman community regarding interest, specifications and suitable locations for a BMX track.

2. The results of the BMX track consultation are included as part of the Murrumbateman Masterplan process.

(Furry/Reid) 91

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

AGAINST: Nil

7.4 Drainage Concerns Browne Street Yass

SUMMARY

Periodic flooding has been occurring on the northern side of Browne Street, adjacent to an existing drainage channel. Drainage infrastructure is undersized however preliminary assessment indicates the impact of the flooding may be mitigated by the reconstruction of Browne Street.

RESOLVED that the matter be considered when Council adopts the Yass Floodplain Risk Management Plan and Study with drainage improvements for Browne Street derived in consultation with the local residents.

(Jones/Furry) 92

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

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 2018/19 Operational Plan (including Making of the Rates)

SUMMARY

In February 2018, Council resolved that the Draft 2018/2019 Operational Plan be placed on public exhibition from Friday 2 March 2018 to Wednesday 18 April, 2018.

This was undertaken and submissions were received, considered by staff and recommendations for amendments to the plans noted in the submissions summary.

In addition to the adoption of the Operational Plan, Council must, each year, ‘make’ the rates and charges by resolution.

RESOLVED that Council:

1. Adopt the 2018/19 Operational Plan as amended following consideration of the submissions received.

2. Makes the annual Ordinary Rates for 2018/19 as detailed in the following table and in accordance with the Statement of Revenue Policy within the 2018/19 Operational Plan and in accordance with Special Rate Variation awarded by the Minister for Local Government of 8.5% (inclusive of 2.3% rate peg) per annum cumulative for 4 years.

*CATEGORY*	*SUB - CATEGORY*	*AD VALOREM*	*MINIMUM CHARGE*	*BASE CHARGE*	*TOTAL YIELD*
*Farmland*		*0.0026821*		*$607.50*	*$3,882,357*
*Residential*	*Non Urban*	*0.0022881*		*$401.50*	*$3,028,075*
*Residential*	*Yass*	*0.0040537*	*$612.00*		*$1,646,076*
*Residential*	*Binalong*	*0.0035049*	*$612.00*		*$119,608*
*Residential*	*Bowning*	*0.0035049*	*$612.00*		*$67,647*
*Residential*	*Wee Jasper*	*0.0035049*	*$612.00*		*$27,540*
*Residential*	*Bookham*	*0.0035049*	*$612.00*		*$9,792*
*Residential*	*Murrumbateman*	*0.0024538*	*$612.00*		*$158,411*
*Residential*	*Gundaroo*	*0.0016771*		*$332.00*	*$159,031*
*Residential*	*Sutton*	*0.0021757*		*$332.00*	*$74,904*
*Business*	*Sutton & Gundaroo*	*0.0022881*		*$401.50*	*$16,705*
*Business*	*Yass & Other Villages*	*0.0096512*	*$612.00*		*$781,728*
*ESTIMATED YIELD*					*$9,971,874*

3. Make each annual and consumption charge for water, sewer, liquid trade waste and waste for 2018/19 as detailed in the following table and in accordance with the Statement of Revenue Policy.

*DESCRIPTION*	*ANNUAL CHARGE*	*CONSUMPTION CHARGE (per kilolitre)*
*WATER CHARGES*
*Yass Water Availability Charge 20mm-32mm*	*$470*
*Murrumbateman Water Availability Charge 20mm-32mm*	*$390*
*Water Usage Charge per kilolitre for the first 5kL per day*		*$3.30*
*Water Usage Charge per kilolitre in excess of 5kL per day*		*$4.30*
*SEWER CHARGES*
*Sewer Residential Charge*	*$680*
*Sewer Non-Residential Charge (based on previous years' water consumption)*	*Minimum $680*	*$2.90*
*LIQUID TRADE WASTE CHARGE*
*Liquid Trade Waste Charge (per kilolitre based on water consumption) with appropriate pre-treatment*		*$2.00*
*Liquid Trade Waste Charge (per kilolitre based on water consumption) without appropriate pre-treatment*		*$12.00*
*WASTE MANAGEMENT CHARGES*
*Domestic Kerbside Collection Charge*	*$387*
*Vacant Properties*	*$30*
*Business Waste Collection Charge*	*$387*
*Waste Management Environmental Charge*	*$117*
*STORMWATER MANAGEMENT CHARGES*
*Stormwater Management Charge*	*$25*
*ON SITE SEWAGE MANAGEMENT CHARGE*
*On Site Sewage Management Charge*	*$32*

(Furry/Turner) 93

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

AGAINST: Councillors G Frost and J Jones

8.2 Q3 Quarterly Budget Review Statement 2017/18

SUMMARY

This report represents the 3^rd Quarterly Budget Review Statement (QBRS) for the period 1 January 2018 to 31 March 2018 in the financial year ending 30 June 2018.

RESOLVED that :

1. The 3^rd Quarterly Budget Review Statement recommendations contained within be adopted and income and expenditure adjustments be voted.

2. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 31 March 2018 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

(Furry/McManus) 94

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

AGAINST: Nil

8.3 Investment and Borrowings Report

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Clause 212, this report provides a summary of Council’s investments as at 30 April 2018. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 30 April 2018 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Furry/Reid) 95

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

AGAINST: Nil

8.4 Councillor Fees 2018/19

SUMMARY

To detail the determination of the Local Government Remuneration Tribunal regarding councillor fees for the 2018/2019 year.

RESOLVED that .

1. Council adopt a 2.5% increase in Councillor Fees and Mayoral Allowance for 2018/19 taking the payment for Councillors to $11,860 with an additional allowance of $25,880 for the Mayor, all amounts to be paid in arrears in equal monthly instalments.

2. Council approve, in accordance with Council Policy GOV-POL-6 (3.2) Councillor Expenses and Provision of Facilities, an amount of $1,500 to be paid in arrears in equal monthly instalments to the Deputy Mayor from the Mayoral Allowance.

(McManus/Burgess) 96

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

AGAINST: Councillor G Frost

9. General Manager Reports

9.1 Governance and Finance Committee

SUMMARY

It was recommended at the Council meeting on 28 March that the Committee be dissolved, however Council resolved to hold a workshop to discuss the opportunities and role of this Committee. The recommendations are the result of discussions at the workshop.

MOTION

The Governance and Finance Committee be dissolved.

(McManus/

MOTION LAPSED

MOTION

That .

1. The name of the Committee be changed to Councillor Governance Committee.

2. Membership of the Committee stay the same:

· Council Representatives: Mayor Rowena Abbey, Deputy Mayor Kim Turner and Councillor Geoff Frost

· Staff Representatives: General Manager, Director Finance & Corporate Services

· Community Representatives: Elizabeth Goodfellow and Geoff Gorrie

3. The Committee meet as required following delegation of a ‘task’ from Council.

4. The functions delegated to the Committee be:

· To provide advice to Council on Councillor Governance matters

· Undertake specific activities OR tasks as delegated to the Committee by a resolution of Council

· Prior to undertaking an ‘activity’ OR ‘task’, prepare a project brief for approval of the Council

· Review the effectiveness and performance of the Committee annually.

(Jones/McManus)

FOR: Councillors J Jones and K Turner

AGAINST: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, M McManus and M Reid

MOTION LOST

FORESHADOWED MOTION

RESOLVED that the Governance and Finance Committee be dissolved and that a letter of thanks be written to Elizabeth Goodfellow and Geoff Gorrie thanking them for their contribution to the Committee.

(Furry/McManus) 97

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

AGAINST: Councillors G Frost and K Turner

11. Questions with Notice

11.1 Questions on Notice - Cr G Frost

SUMMARY

Responses provided to questions on notice from Cr Frost in relation to waste services and contract management.

RESOLVED that the information be noted.

(McManus/Furry) 98

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

AGAINST: Nil

12. Minutes and Recommendations of Council Committees

Motion

RESOLVED that the meeting be extended by 30 minutes.

(Furry/Reid) 99

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

AGAINST: Nil

12.1 Minutes of the Traffic Management Committee held on 2 May 2018

MOTION

That Council receive the draft Committee Minutes of the Traffic management Committee meeting held on 2 May 2018 and adopt the following recommendations:

Item 6.1 - Various Parking Modifications

That the following changed parking arrangements be implemented subject to available funding

1. Truck parking adjacent to Motor Registry on Yass Valley Way,

2. Parking arrangements adjacent to Landmark in MacDonald Street Yass.

Item 6.2 - Safety Concerns Berinba School Yass

That Council accept the $50,000 grant funding from RMS.

Item 6.3 Safety Concerns Mont Street Yass

The Committee provide in principle support for the installation of raised line-marking on Mont Street & for the removal of the hedge encroaching Council’s road reserve.

Item 7.1 Update on Installation of Bus Shelters

1. Council seeks Murrumbateman community feedback on the site sufficiency the recently installed bus shelters,

2. Council continue to work with the RMS to investigate a bus pull-over area and park-n-ride in the Murrumbateman village,

3. Council continue to work with the RMS to improve connectivity in Murrumbateman including shared paths joining the new facilities (e.g. motel) to the town centre.

Item 7.2 Representation Received on the Barton Highway Duplication

1. That the concerns raised in relation to the proposed Murrumbateman Road overpass and horse underpass be referred to the RMS for consideration,

2. That RMS be asked to investigate the potential of removing the Murrumbateman overpass and upgrading Euroka Avenue and connecting Murrumbateman Road traffic to the Euroka Road interchange with the Barton Highway.

Item 9.3 Request for Speed Camera on Dog Trap Road Yass

That Council make application to the Centre of Road Safety to request the installation of a speed camera on Dog Trap Road.

Item 9.7 Safety Concerns Intersection Bellevale Road and Yass Valley Way Yass (LATE ITEM)

The Committee provide in principle support for making Bellevale Road no right turn into Yass Valley Way, which means all traffic will have to turn left towards the roundabout. Subject to community consultation.

(Jones/Frost)

FOR: Councillors G Frost, N Furry, J Jones, and K Turner

AGAINST: Councillors R Abbey, C Burgess, A Harker M Reid and M McManus

MOTION LOST

FORESHADOWED MOTION

RESOLVED that

That Council receive the draft Committee Minutes of the Traffic management Committee meeting held on 2 May 2018 and adopt the following recommendations:

Item 6.1 - Various Parking Modifications

That the following changed parking arrangements be implemented subject to available funding

1. Truck parking adjacent to Motor Registry on Yass Valley Way,

2. Parking arrangements adjacent to Landmark in MacDonald Street Yass.

Item 6.2 - Safety Concerns Berinba School Yass

That Council accept the $50,000 grant funding from RMS.

Item 6.3 Safety Concerns Mont Street Yass

The Committee provide in principle support for the installation of raised line-marking on Mont Street & for the removal of the hedge encroaching Council’s road reserve.

Item 7.1 Update on Installation of Bus Shelters

1. Council seeks Murrumbateman community feedback on the site sufficiency the recently installed bus shelters,

2. Council continue to work with the RMS to investigate a bus pull-over area and park-n-ride in the Murrumbateman village,

3. Council continue to work with the RMS to improve connectivity in Murrumbateman including shared paths joining the new facilities (e.g. motel) to the town centre.

Item 7.2 Representation Received on the Barton Highway Duplication

1. That the concerns raised in relation to the proposed Murrumbateman Road overpass and horse underpass be referred to the RMS for consideration,

2. That RMS be asked to investigate the potential of removing the Murrumbateman overpass and upgrading Euroka Avenue and connecting Murrumbateman Road traffic to the Euroka Road interchange with the Barton Highway.

Item 9.7 Safety Concerns Intersection Bellevale Road and Yass Valley Way Yass (LATE ITEM)

Community consultation be undertaken into improving Bellevale Road safety.

(Furry/Reid) 100

FOR: Councillors R Abbey, C Burgess, N Furry, A Harker, M McManus and M Reid

AGAINST: Councillors G Frost, J Jones and K Turner

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 Murrumbateman, Bowning, Bookham and Binalong Flood Study - Tender YVC/ASS/10.2018

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.

(McManus/Burgess) 101

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

AGAINST: Nil

Closed Council commenced at 8.12 pm.

13.1 Murrumbateman, Bowning, Bookham and Binalong Flood Study - Tender YVC/ASS/10.2018

SUMMARY

This report provides advice on the submission and evaluation of tenders for the Murrumbateman, Bowning, Bookham and Binalong Flood Study – Tender YVC/ASS/10.2018.

RESOLVED that Council not accept any tender due to scope amendments and Council negotiate an outcome with the three best ranked companies.

(McManus/Turner) 102

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

AGAINST: Nil

RESOLVED that the meeting resume in Open Council

(Burgess/Harker) 103

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

AGAINST: Nil

Open Council resumed at 8.15 pm.

RESOLVED that the resolutions in Closed Council be adopted.

(McManus/Furry) 104

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

AGAINST: Nil

The meeting closed at 8.15 pm.

……………………………………………..
Mayor

6.2 Development Application No 5.2018.18.1 - Dental Surgery, 40 Middle Street, Murrumbateman

Attachment e Draft Conditions

Draft Conditions DA 18-2018

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(s) 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) Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

Note: A Construction Certificate Application has not been lodged with Yass Valley Council.

(3) 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.

(4) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads.

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

(6) 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.

Note: 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.

(7) 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

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

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

(10) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Zincalume is not permitted to be used for roof or wall panels.

(11) Business Identification Sign should not pose any risk to pedestrian safety.

(12) Business Identification Sign shall not be illuminated at all times.

(13) Noise from the premises at all times when measured at the property boundary must not exceed the following amenity criterion as extracted from the NSW Industrial Noise Policy specified below:

Type of Receiver	Indicative Noise Amenity Area	Time of Day	Recommended Noise Level dB(A)
Residence	suburban	Day (7am – 6pm)	50
		Evening (6pm – 10pm)	45
		Night (10pm – 7am)	40

PART B - PRIOR TO ISSUE OF BUILDING CONSTRUCTION CERTIFICATE

(1) Plans and specifications demonstrating compliance with the National Construction Code (NCC) /Building Code of Australia (BCA) are to be submitted to and approved by the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.

Where an application for a Construction Certificate is lodged with Council plans, product and general construction specifications submitted shall demonstrate compliance with the Deemed to satisfy provisions of the NCC/BCA.

Significant parts of Volume 1 of the NCC/BCA which must be addressed include (but are not limited to):

· Part D - Access and Egress and Access for People with a Disability

Door widths, travel distances, ramps, handrails, door operation etc. Path of travel from the property boundary to the principal entry

· Part E - Services and Equipment

Plan indicating location of required essential services

· Part F2 - Sanitary Facilities including Disabled and ambulant facilities

Details of handrails, toilet location, toilet height, etc. demonstrating AS 1428.1 compliance

· Part F4 - Light and Ventilation

Details demonstrating compliance with F4.8 Restriction on location of sanitary compartments or F4.9 Airlocks

· Part J - Energy Efficiency

A report showing compliance with all parts of this section is to be provided with the application for a Construction Certificate.

· General Compliance

A building specification which outlines the construction standard of each element of the building (i.e. Glazing to comply with AS 1288 – 2006 – Glass in Buildings – Selection and Installation, Masonry to comply with AS 3700-2001 Masonry Structures etc.)

(2) Structural drawings prepared by a suitably qualified and experienced Structural Engineer shall be submitted to and approved by the PCA prior to the issue of a Construction Certificate.

Unless otherwise approved by the PCA, these plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slabs (having due regard to the possible differential settlement of the cut and fill areas where applicable)

(b) Footings for the proposed structure

(d) Roof framing members

(e) Hold-down/connection details

(f) Wall and roof bracing details.

(3) A detailed landscaping plan for all unbuilt on areas of the site shall be submitted to Yass Valley Council for approval. Details of the proposed plant species and installation including cultivar, common and botanical names, height and spread at maturity shall be submitted as part of this plan.

The service area located along northern property boundary shall be included in the landscape plan in order to minimise any noise impact.

Note: Plant selection should not interfere with the sight lines for vehicles entering and leaving the site.

(4) 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 Building Construction Certificate.

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

Traffic Management	$1,983.60
Administration	$1,661.12
Total	$3,644.72

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

PART C - 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 Roads Standards Policy RD-POL-09 and

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

Note: The engineering drawings are to include a detailed long section showing levels and longitudinal grades from the centre line of Fairley Street to the end of the proposed on-site car park

(2) Engineering drawings associated with the construction of the onsite car parking areas shall be submitted to Council for approval in accordance with Council’s Roads Standards Policy RD-Pol-09 and Off-Street Car Parking Policy ASS-POL-08. The design details shall include the following information:

Note: Car parking and vehicular manoeuvring areas being designed in accordance with AS 2890 “Off-Street Car Parking”

Note: The drawings shall include all dimensions, line marking and signs for the car parking area plus details of provision of parking for disabled persons

Note: The drawings shall provide details on how commercial vehicles (waste, delivery etc) that will service the site will manoeuvre within the car park including associated vehicle turning paths

Note: The car parking area is to be designed to allow all vehicles to enter and exit the subject site in a forward direction.

Note: The drawings shall provide details of any proposed carpark lighting and the potential impact on surrounding premises

(3) A Certificate of Compliance shall be obtained for the augmentation of Council's water supply system under s305 Water Management Act 2000. The fee for the Certificate of Compliance is $8,079.

It should be noted that:

· The fee is based on a 0.6 unit increase in demand, generated by four consultation rooms.

· The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· In accordance with Council’s Policy, Water Supply and Sewerage Contributions for Non-Residential Development in Murrumbateman DA-POL-21, the fee has been calculated on a base rate of $13,465 per unit.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under s305 does not include the physical installation of any infrastructure.

(4) A Certificate of Compliance shall be obtained for the augmentation of Council's sewer system under s305 Water Management Act 2000. The fee for the Certificate of Compliance is $8,731.80

It should be noted that:

· The fee is based on a 1.4 unit increase in demand, generated by four consultation rooms.

· The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under s305 does not include the physical installation of any infrastructure.

(3) Engineering drawings associated with the drainage of sewer shall be submitted to Council for approval.

The drawings shall include the following detail:

· All liquid trade waste discharge to Council sewer shall comply with the requirements of “NSW Liquid Trade Waste Discharge Guidelines 2009” and its updates.

(4) A Liquid Trade Waste Application shall be lodged. All requirements for pre-treatment shall be incorporated in the hydraulic drawings. Council Approval is required prior to commencement of any discharge to Council’ sewer.

(5) Engineering drawings associated with the supply of water shall be submitted to Council for approval.

The drawings shall include the following detail:

· Double Check Valves (DCV) shall be installed to protect Council’s drinking water supply to avoid contamination from dental chairs. Suitable arrangement of double check valves shall also be installed to prevent cross-contamination between dental chairs

· Fire services shall be designed by qualified designers and installed

PART D - PRIOR TO COMMENCEMENT OF WORKS

(1) Council shall be informed of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence, no later than two days prior to such commencement;

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

(3) A sign shall be displayed in a prominent position on the site which includes the following details:

· The name, address and telephone number of the PCA and

· The name of 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 building work is being carried out and removed upon completion.

(4) Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied.

Note: The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

(5) Toilet facilities must be provided at the work site on which work involved in the erection or demolition of a building is being carried out. Each toilet provided must be:

(a) a flushing portable toilet maintained under a service agreement with an accredited service provider; or

(b) a standard flushing toilet connected to a public sewer; or

(6) The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries prior to the commencement of works.

Evidence that the building(s) were set-out and have been located in accordance with the approved plans shall be submitted to the Principal Certifying Authority or Council upon request.

(7) Each Plumber and Drainer that works on the development must notify the Yass Valley Council of their intention to carry out works as outlined in the Plumbing and Drainage Act 2011. Such notification is to come in the form of the standard Notice of Work (NoW) form prepared by the Office of Fair Trading.

Note: The minimum amount of notice under this Act is two business days.

(8) 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

Note: Any work associated with a classified road requires RMS concurrence and no work within the road reserve is to be undertaken until received. RMS concurrence may take 10 working days.

PART E – BUILDING INSPECTIONS

(1) Critical stage inspections as required by Clause 162A of the Environmental Planning and Assessment Regulation 2000 must be carried out by the Principal Certifying Authority.

Where Council is nominated as the Principal Certifying Authority Inspections will be required at the following stages of construction:

Inspection	Hold Point
(a) After excavation of footings	Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage.
(b) Floor slab	Prior to pouring concrete.
(c) Frame/Pre-sheet	Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed.
(d) Waterproofing of wet areas	Prior to the placement of tiling and/or covering.
(e) Stormwater	Prior to backfilling or covering pipes and connections to services.
(f) Interim Occupation	Building completed with minor works outstanding – able to be occupied.
(g) Final	All works relating to the proposed development are complete and all conditions of development consent are complied with.

(2) As the local plumbing and drainage regulator Yass Valley Council must undertake inspections at the following stages of construction:

Inspection	Hold Point
(a) All internal sanitary drainage.	Prior to backfill;
(b) All external sanitary drainage	Prior to backfill;
(c) Connection to Councils stormwater system (street or inter-allotment)	Prior to backfill;
(d) At the completion of all plumbing and drainage works.	Prior to the occupation of the dwelling.

(3) Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures.

(b) Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

(4) Roof truss and wall bracing details are to be supplied to the Principal Certifying Authority prior to frame inspection.

PART F – ENGINEERING INSPECTIONS

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

Roads

a) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards. Compliance with change in longitudinal grade will only be undertaken where it can be confirmed via WAE drawings or there is an obvious issue when the driveway is being used

b) If the carpark is to have an asphalt surface - completion of sub-grade pavement layer – proof roll

c) Completion of base course pavement layer– proof roll

d) Completion of the final surface of the carpark including line marking etc..

Water

e) Installation of suitable backflow prevention devices (double-check valves)

Sewer

f) Installation of pre-treatment devices and sewer drainage connections to Council’s main – prior to backfilling

(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 G – CONSTRUCTION

(1) The applicant shall adhere to the following days and hours of operation for the construction of the development unless otherwise approved by Council in writing:

· 7.00 am to 6.00 pm Monday to Friday

· 8.00 am to 1.00 pm Saturday

· No work on Sundays or Public Holidays

(2) All building work shall be carried out in accordance with the provisions of the National Construction Code/Building Code of Australia (as amended) and all relevant Australian Standards;

(3) Noise and dust generated during construction of the proposed development shall comply with the provisions of the Protection of the Environment Operations Act 1997.

(4) All construction and or demolition waste associated with the development shall be disposed of at a licensed waste management facility after being separated into components of:

Ø Asbestos

Ø Clean fill

Ø Bricks, tiles, concrete

Ø Steel

Ø Other metals

Ø Timber & vegetation and

Ø Other material.

Any asbestos shall be handled, removed, wrapped and transported in accordance with relevant regulations and WorkCover requirements.

Copies of receipts relating to the disposal of waste at a licensed waste management facility (or facilities) must be submitted to the Yass Valley Council upon request.

(5) To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:

(a) Removal and/or disturbance of vegetation shall be confined to the basal area of the approved building, the site of permanent accessways, and land extending a maximum of three metres beyond the outermost projection of the approved building.

(b) Topsoil stripped from the construction site shall be stockpiled and protected from erosion until re-use during landscaping.

(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, nature strip or roadway.

(d) Final site spoil shall be disposed of to the satisfaction of Council.

(e) Trenches shall be backfilled, capped with topsoil and compacted to a level at least 75mm above adjoining ground level.

PART H – PLUMBING AND DRAINAGE

(1) All Plumbing and Drainage work shall comply with the provisions of the Plumbing Code of Australia.

(2) Plumbing and Drainage shall comply with the provisions of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation 2012.

Note: The Plumbing and Drainage Act 2011 requires each Plumber and Drainer that works on the development to submit the following information to the Yass Valley Council:

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

(3) Sewer boundary riser is to be located and exposed at all times. If there is no existing sewer boundary riser, then a sewer boundary riser shall be installed by licenced Plumber in accordance with AS 3500.

(4) A rainwater tank with a minimum capacity of 22,500 litres shall be installed and connected to the entire roof catchment area and plumbed to all toilets, washing machines and showers.

(5) An Automatic main water diverter system shall be installed in accordance to AS/NZS 3500 Part 1 and shall be connected to the mains water to supply for all toilets, washing machines and showers during dry periods when the rain water tank is empty.

PART I – STORMWATER DRAINAGE

(1) Stormwater drainage work shall comply with AS/NZS 3500.3, 2003 - Stormwater drainage;

(2) Stormwater collected from the development shall not cause nuisance to adjoining landowners;

(3) Where up-stream surface water flows through the allotment the development shall not redirect or divert this water in such a manner that would intensify flows onto adjoining properties.

(4) Adequate provision shall be made for the disposal of roof water collected from the development. In this regard roof water shall be piped and discharged to one of the following as applicable:

(a) The street stormwater drainage system;

(b) Inter-allotment stormwater drainage system;

(c) A rubble pit designed by a suitably qualified person to cater for a 1 in 5 year rainfall event. The pit design shall make suitable provision for overflow.

PART J - PRIOR TO ISSUE OF ANY OCCUPATION CERTIFICATE

(1) Where applicable, the applicant shall submit to the PCA product testing which demonstrates compliance with the provisions of Specification C1.10 of Volume 1 of the National Construction Code (NCC)/Building Code of Australia (BCA) prior to the issue of an Occupation Certificate.

(2) The fire safety measures, as detailed in the relevant Fire Safety Schedule are to be installed and maintained in accordance with the provisions of Clause 168 Environmental Planning and Assessment Regulation 2000.

(3) A fire safety certificate in accordance with Clause 174 Environmental Planning and Assessment Regulation 2000 is to be submitted to the Yass Valley Council prior to the issue of an Occupation Certificate.

(4) An identification survey prepared by a registered surveyor showing the location of the constructed development in relation to the property boundaries, easements and building envelope(s) shall be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

(5) Medical waste, such as sharps, must not be disposed of at any of Council’s Waste Management Facilities. In this regard, a Medical Waste Management Plan must be submitted to Council’s Environmental Health Officer, for approval, prior to the issue of a any Occupation Certificate for the development.

(6) Landscaping shall be completed in accordance with the approved landscaping plan and maintained to the satisfaction of Council at all times.

(7) The property access and on-site car park are to be constructed in accordance with the approved Construction Certificate plans.

(8) Water, sewer and stormwater infrastructure and connections are to be completed in accordance with the approved Construction Certificate plans.

(19) Prior to the issue of any Occupation Certificate of a premises which involves the discharge of liquid trade waste, the developer shall apply to and obtain written approval from Yass Valley Council stating the conditions of discharge to sewer. This approval shall state any pre-treatments, ongoing requirements and whether a Liquid Trade Waste Agreement needs to be entered into with Yass Valley Council.

(10) The sewer boundary riser shall be located above the finished ground level and have a concrete collar installed.

(11) The property vehicular accesses (new or existing) from the road to the property boundary shall be constructed to the following minimum standard, as per the appropriate location of the development:

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

b) Minimum of 3.0 metres wide

c) Maximum trafficable width of 5.0 metres wide at the kerb;

d) Minimum of 150 mm. thick gravel base;

e) The driveway shall be a minimum of 150mm thick concrete (25MPa with a minimum of one layer F82 reinforcing mesh);

f) The layout of the development designed to allow all vehicles to enter and exit the property in a forward direction and not to be required to reverse onto the adjoining driveway

g) Cut and fill batters within the road verge shall be graded to a maximum of 1 in 8.

h) Constructed at least 6m from the tangent point of the kerb at any intersection.

i) The grade of the driveway from the kerb or edge of seal to the property boundary shall be +2.5% (ie. 2.5% sloping upwards from the kerb to the property boundary).

j) The maximum allowable longitudinal change in grade of any driveway shall be 12%.

NB: Where the above requirements are not practical due to site constraints, alternative proposals may be considered by the Director of Engineering.

k) New property accesses shall not be constructed over any water service or sewer tie. Where an access is constructed over Councils water, sewer, or stormwater mains a minimum of 450mm cover is required over the main. Clearance to other services shall be by approval of the relevant service authority.

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

m) Any damage to Council’s road, footpath or kerb and gutter caused by the construction is to be repaired;

n) Saw cut existing kerb and gutter, construct a concrete vehicle crossing and make flush;

o) Remove existing entry, reinstate kerb and revegetate disturbed area;

p) Clean debris from driveway pipe and nearby drain to facilitate water flow.

q) Driveway to be constructed no less than 6m from the tangent point of the curve of the road

r) The maximum grade of the driveway across the footpath shall be 2.5% and the joins shall be made flush;

Note: 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 the works.

Note: The driveway works cannot be signed off as completed until such time as the surrounding soil has been made flush with the new driveway and reseeded.

PART K - PRIOR TO ISSUE OF A FINAL OCCUPATION CERTIFICATE

(1) A Final Occupation 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.

(2) Prior to the issue of any Final Certificate of Occupancy, individual Certificates of Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):

Ø Plumbing/drainage work

Ø Gas fitting work

Ø Electrical work

Ø Installation or maintenance of refrigeration systems

Ø Air-conditioning work

has been undertaken by a tradesperson licensed by the NSW Department of Fair Trading and complies with all relevant Australian Standards and the Building Code of Australia (as amended).

Note: A copy of the tradespersons license number, name, address and the Australian Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council.

(3) 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 construction of the development.

NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2018.18.1

(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 57 of the State Environmental Planning Policy (infrastructure) 2007 as a ‘health services facility’;

(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) This development consent does not guarantee compliance with land specific agreements, by-laws, covenants, 88B restrictions, community management plans, or other similar development restrictions that may be applicable to the land. It is the responsibility of the land owner, applicant and developer to make their own enquiries in order to be satisfied that compliance with these restrictions has been achieved.

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

(6) The following items shall be considered where the proposed development looks to achieve compliance with the ‘deemed to satisfy’ provisions of the Building Code of Australia:

· Portable fire extinguishers shall be installed in the building or portions of the building compatible to the hazard/s posed by equipment or functions associated with the use of the building, in accordance with Part E1.6 of the Building Code of Australia and AS 2444 (Portable Fire Extinguishers and Fire Blankets Selection and Location);

· Required exit doors are to swing in the direction of egress in accordance with clause D2.20 of the Building Code of Australia;

· The proposed exits are not to be blocked at the point of discharge. Where necessary, suitable barriers must be provided to prevent vehicles from blocking the exit or access to it;

· A door in a required exit, forming part of a required exit or in the path of travel to a required exit, must be readily openable without a key from the side that faces a person seeking egress, by a single hand action on a single device which is located between 900mm and 1100mm from the floor;

· All required exit doors shall be provided with Illuminated exit signage which complies with AS 2293.1- 2005 Emergency escape lighting and exit signs for buildings;

· Access for people with disabilities is to be provided to the building from any required accessible car parking space on the allotment by means of a continuous path of travel in accordance with AS 1428.1, ‘Design for Access and Mobility’;

· The accessible sanitary facility and the sanitary facility for persons with ambulant disabilities shall be constructed in accordance with AS 1428.1: ‘Design for Access and Mobility’;

· The main points of pedestrian entry into the building shall achieve compliance with AS 1428.1-2009 ‘Design for Access and Mobility’. Particular attention should be given to the following:

Ø Colour contrast between the door and the door frame;

Ø The width of the door;

Ø Door hardware;

· Tactile ground surface indicators shall be provided in accordance with Clause D3.8 of the Building Code of Australia, Volume 1 and AS1428.4;

· Signage shall be provided in accordance with Clause D3.6 of the Building Code of Australia, Volume 1 and AS1428.1;

· The unobstructed width of each path of travel to an exit must be not less than 1m;

(7) 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.

(8) For the purposes of inspections carried out by the Yass Valley Council you are located in the Murrumbateman area. For more information please refer to Councils document titled ‘Guide to Building Inspections’.

Note: To book an inspection, please contact Council’s Development Customer Service Team on (02) 6226 1477 no less than 48 hours prior to the inspection.

Donations are limited to a maximum of $500 (other than rate contributions) unless otherwise determined by Council.

5. SELECTION PRIORITIES

The following priorities apply to any donation request:

· Must relate to Council’s Delivery Program Action(s)

· Be a contribution to Council rates for:

Privately owned ‘open space’ or ‘green space’ areas

CWA Rooms

Senior Citizen Halls

Community Halls

· Be for a charitable organisation, not-for-profit or community event

6. FUNDING GUIDELINES

6.1 Other than recurrent rate contributions and Mayoral Donations Council will call for applications to the Donations Program in May of each year, with notification on Council’s website and in the local media.

6.2. Council will consider and determine the application for support annually in either June or July at an open Council meeting.

6.3 Applications for financial assistance shall be considered on merit, taking into account the guidelines, eligibility and selection criteria of this Policy, the circumstances of each case and the availability of funds in Council’s budget. No application is guaranteed funding support or that the full amount requested will be donated.

6.4 Selection criteria includes:

· Financial capacity of the organisation

· Whether previous donations have been given to the organisation

· Whether alternative sources of funding have been examined (e.g. increasing membership fees, grants)

· If the project/activity aligns with or complements a Council priority/commitment

6.5 Successful applicants will be advised in July or August of each year.

6.6 If Council funding of a financial request is approved, it is not an ongoing commitment to funding for any following year, unless explicitly stated by Council. If a donation is granted over multiple years then the donation amount will be fixed for that period.

7. MAYORAL DONATIONS

Up to 5% of the donations funding allocation shall be reserved for donations to charitable organisations, not-for-profit organisations and small community event. The Mayor, Deputy Mayor and General Manager will have discretion to make such donations up to the value of $100.

A request for a Mayoral Donation must be made in writing using an approved from and can be made at any time during the financial year.

8. RECURRENT DONATIONS

Donations, recurrent for each year for Council’s 4 year term, are available to the organisations included in Schedule A to this policy.

For privately owned ‘open space’ or ‘green space’ these contributions will be fixed at the level established in the first year of the contribution.

At the end of the Council term recipients will need to re-apply for a recurrent donation.

Where Council makes a donation for a funding facility for a facility (e.g. rates and charges) if Council requires the use of the facility (e.g. community meeting) then the use is to be at no charge.

9. ELIGIBILITY CRITERIA

9.1 All organisations applying for funding under this policy are to submit an application.

9.2 Application organisations much be based in the Yass Valley Local Government Area or must be affiliated with, or service clients that are located in the Yass Valley Local Government Area.

9.3 Federal or State funded initiatives will not receive assistance under this policy, nor will requests by organisations that are raising funds on behalf of another organisation which is the recipient of financial assistance from the State or Federal Government.

9.4 Generally, Council will only provide financial assistance to incorporated, not for profit organisations or unincorporated not for profit organisations that are auspiced by an incorporated organisation.

9.5 Applications for funding are required to demonstrate the financial viability of their organisation.

9.6 Preference is given to organisations that provide a valuable service or benefit for which there are no alternative funding sources.

9.7 The donation request must be for an activity or service to be provided within the financial year as approved by Council.

9.8 If an organisation wishes to modify its request or alter the proposed project or event, the applicant should make this request in writing. It is at the discretion of the General Manager as to whether the intent of this modification meets Council’s objectives.

9.9 Council will not make retrospective donations.

9.10 Council does not provide special funds for significant achievements that relate to ambassadorial roles in the community. Financial assistance to individuals or organisations raising funds on behalf of an individual are eligible under this policy.

9.11 Activities ancillary to the functions of educational institutions such as Parents & Citizens organisations are not eligible for funding under this policy.

9.12 Federal, State and Local Government organisations are not eligible for funding under this policy.

9.13 Council will not refund DA fees where the applicant:

· Is providing a personalised service for fees e.g. nursing homes, preschools or childcare centres

· Is a profitable operation

· Operates a licenced premises

9.14 Council will not waive or refund development contributions unless specifically provided for in the Contributions Plan.

10. COMMUNITY EVENTS AND SPONSORSHIP

Financial support for community events (greater than $500) are to be submitted via a formal written application via the Community Event Program.

11. IN-KIND DONATIONS

Council may consider providing material, equipment or human resources support to community organisations. Any such in kind donation would need to take into account the impact on the essential work of the Council through consultation with the relevant Director before being committed.

12. DONATION OF LOW VALUE ASSETS

12.1 Low value Council assets and scrap materials with an estimated cumulative value under $2,000 which are unsuitable for new Council projects may be donated to charities of community organisations with the authority of the relevant Director.

12.2 Council occasionally receives requests from community organisations and charities seeking the donation of concessional sales of surplus Council goods or materials. At times, Council may invite such organisations to submit proposals for the donation of surplus or obsolete goods or materials.

13. ACKNOWLEDGEMENT

Where possible and appropriate recipients of the Donations Program are requested to give public recognition to the donation received from Council and acknowledge Council’s financial assistance on any related promotional material.

14. ACQUITTAL

14.1 Council requires and acquittal of all donations.

14.2 The recipient organisation is required to detail the manner in which the funds have been expended and a brief description of the outcomes.

14.3 Council is to receive the acquittal by 30 May the following year.

14.4 Organisations that do not complete an acquittal of the donation will not be eligible for a future donation.

15 REFERENCE DOCUMENTS/LEGISLATION

Previously known as Donations Policy COP-POL-19.

HISTORY

Minute No	Date of Issue	Action	Author	Checked By
542	14 November 2007	Adopted		PP&R Meeting
	4 August 2011	Reviewed	Cathy Campbell	EMT
319	24 August 2011	Adopted		Council Meeting
453 339 188	24 October 2012 23 October 2013 27 August 2014	Adopted Adopted Adopted		Council Meeting Council Meeting Council Meeting
175	27 July 2016	Adopted		Council Meeting
	14 April 2017		Cathy Campbell	Council Meeting
	10 May 2017	Reviewed		Councillor workshop
109	24 May 2017	Exhibition	Cathy Campbell	Council Meeting
177	26 July 2017	Adopted		Council Meeting
362	20 December 2017	Adopted		Council Meeting
	27 June 2018	Reviewed Schedule	Chris Berry	Council Meeting

Schedule A

Community Hall Donations:

*Organisation*	*Purpose*	*Donation*
Binalong Mechanics Institute	Rates and Charges	$1,252.12
Bowning Hall	Rates and Charges	$2,037.33
Bookham Hall	Rates and Charges	$761.00
Sutton Hall	Charges	$32.00
Gundaroo Hall	Rates and Charges	$1,188.88
Wee Jasper Hall	Charges	$32.00

CWA Rooms:

*Organisation*	*Purpose*	*Donation*
Binalong CWA	CWA Rooms	$502.00
		$0
Yass CWA	CWA Rooms	$1,537.00

Green Space:

Gundaroo Police Paddocks*	Green Space (Police Paddocks)	$581.72
Yass Golf Club*	Green Space (Fairways and Greens)	$7,760.83
Lawn Tennis Club*	Green Space (Courts)	$3,150.00
Yass Bowling Club*	Green Space (Greens)	$3,497.73
Binalong Golf Club*	Green Space (Fairways and Greens)	$3,049.78

Community Facilities Donations:

*Organisation*	*Purpose*	*Donation*
Yass Senior Citizens Club	Senior Citizens Hall	$1,120.00
Gundaroo Literacy Institute	Literacy Institute	$1,188.88

Yass & District Historical Society	Yass Museum	$1,292.00

Other Donations:

*Organisation*	*Purpose*	*Donation*
NSW Rural Doctors	Scholarship	$3,300.00
Railway Heritage Group**	Operating Costs	$4,000.00

Churches

*Organisation*	*Purpose*	*Donation*
The Vine Church ***	Rates and Charges	$2,562.12

* Capped at 2017/18 level

** Donation to be reviewed annually

*** Difference between Business Rate and rates for Church

Ordinary Council Meeting 27 June 2018

6.6 DISABILITY SERVICES

SUMMARY

The funding transition under the NDIS has an impact on the delivery of disability services at Yass Valley. Family & Community Services (FAC) has provided some funding assistance for the transition period. This funding ceases on 30 June 2018 which coincides with the move from block funding to the service to directly funding the individual. The funding has been used to support a case manager position and without ongoing funding there is a direct impact on this position. It is recommended that the position continue for the next financial year.

RECOMMENDATION

That:

1. The disability services case manager positon continue for the next financial year and

2. A review of the outcomes from the marketing program for disability services under the National Disability Insurance Scheme be undertaken to determine any extension of funding and program beyond this timeframe and a report be brought back to Council when completed

Financial IMPLICATIONS

The Family & Community Services (FAC) grant (i.e. $12,200) to assist Council with the transition in funding arrangements under the NDIS ceases on 30 June 2018. This funding has been used to maintain the case manager positon. Without this funding general rate revenue will be necessary to cover the shortfall.

POlicy & Legislation

Nil

REPORT

The introduction of the National Disability Insurance Scheme (NDIS) moved grant funding for block grants to service providers to direct funding for individuals with disabilities. Individuals are now in control of where they purchase disability services.

Block funding has the advantage of being able to plan staff resources with certainty but a move away from this means resourcing levels need to be more flexible which has its difficulties and challenges under the current Award system. Ideally hours should increase or decrease based on the number of people using the service and the frequency of use. The lack of certainty over hours makes it difficult to attract and retain staff.

The pricing of the service needs to cover the costs however the NDIS has capped prices providers are able to charge. Price capping prevents the actual cost being recovered and the establishment of a profit margin. Having a profit margin is important for reinvestment in the service or to smooth out the peaks and troughs which fluctuating client numbers.

Local Government became involved in many of its community service activities on the basis that:

· There were no alternate service providers operating in the Local Government Area and

 As grant funding was available so there was no financial impact on other Council activities

Over the years grant funding has not increase in line with increasing operational costs and has declined in real terms. In some instances grant funding has shifted from block funding for providers to direct funding of individuals. Local Government rate revenues have been used to continue the services so they are not lost to the local communities.

In recent years alternate providers have entered into the market place especially the not-for-profit sector. While some Councils have responded by transitioning out of community service activities others have remained involved and are now in direct completion for funding and the available client base. Yass Valley falls into the latter category.

Council become involved in providing disability services to its community to ensure the presence of a service for a small disadvantaged section of the population and to take advantage of the funding on offer. Council continues to provide a disability service under the NDIS despite the changes from block funding to funding the individuals.

While Council has maintained its market share it has been able to do this based on its history of providing a consistent and reliable services but also with the assistance of a Families & Community Services (FAC) grant through the funding transition period.

Integral to this service has been the position of a part time case manager one day per week. The salary for this position is $15,000 per annum. Income from the NDIS service and FAC grant funding have covered the costs associated with this position. The FAC’s funding does not continue beyond 30 June 2018.

The following options are available to continue with the current service level and the case manager position:

1. Reduce the hours to reflect the level of funding

Issues:

· Potential difficulty in retaining or attracting staff to the role

· Client numbers may decline

2. Use general fund rate revenues to support the shortfall in anticipation of client numbers increasing

Issues:

· Deflects rate revenues away from other services

· Client numbers may not increase so shortfall/subsidy continues

3. Grow and expand the client base

Issues:

· Marketing program is currently being developed to attract more clients

· Marketing efforts do not increase the client base

· Increase client base could generate funds for ongoing employment of case manager

· Increasing client base takes away from other existing service providers

4. Transition out of disability services

Issues:

· There are alternate providers operating in Yass Valley that were not present when Council entered into being a service provider

· Staff could transition from Council to the alternate service providers

Reducing staff hours to meet available funding may be financially responsible but it is likely to have a negative effect on current disability services and lead to a decline in client base.

While it is unclear what the outcomes of the marketing program will be in growing the client base, it is considered that the case manager positon continues for at least the next 12 months. This will allow for a continuation of the current service and provide some certainty and assistance with staff retention. In addition it will give sufficient time to evaluate the success or otherwise of the marketing campaign.

Any move to transition out of disability services will take some time to negotiate with other service providers to ensure a smooth transition for any clients. Maintaining the current service arrangements through such a period is important should this course of action be taken.

Accordingly it is recommended that:

· The case manager positon continue for the next financial year and

· A review of the outcomes from the marketing program be undertaken to determine any extension of funding and program beyond this timeframe

Strategic Direction

Key Pillar 3. Our Community

CSP Strategy CO1 - Facilitate and encourage equitable access to community infrastructure and services, such as health care, education and transport

Delivery Program Action CO1.2 - Advocate to the State Government and relevant agencies to ensure that transport, health and educational services are delivered equitably to all residents

Operational Plan Activity CO1.2.1 - Advocate the State government and relevant agencies to ensure equitable access to community services and funding to support infrastructure growth

ATTACHMENTS: Nil

6.7 Service NSW - Easy to do Business

Attachment b Draft Memorandum of Understanding

1. MOU Details

1. Duration of MOU
Commencement Date
2. Service NSW Details
Address	Level 20, 2-24 Rawson Place, Sydney NSW 2000
ABN	37 552 837 401
Service NSW Representative	Executive Director, EtdB – Kylie De Courteney
Phone	02 8059 2359
Email	kylie.decourteney@service.nsw.gov.au
3. [COUNCIL NAME] Details
Address
ABN
Council Representative
Phone
Email

2. Parties

This MOU is made between:

The State of New South Wales represented by Service NSW, ABN 37 552 837 401, whose address is Level 20, 2-24 Rawson Place, Sydney NSW 2000 (SNSW);

and

[Council], ABN [XX XXX XXX XXX], of [STREET ADDRESS] (The Council).

3. Background

3.1 This MOU sets out the agreed understanding of the parties and basis upon which the arrangement is entered into. The MOU is not legally binding.

3.2 Easy to do Business is a joint initiative of the Department of Premier and Cabinet, the Customer Service Commissioner, the Office of the NSW Small Business Commissioner and SNSW to make NSW the easiest state to do business.

3.3 SNSW has partnered with the Council to promote and deliver the Easy to do Business program to small business across New South Wales.

3.4 The purpose of this collaboration is to:

3.4.1 help business owners open and grow a café, small bar or restaurant by providing a single online digital solution and personalised support, and

3.4.2 make it easier to set up a business in New South Wales.

3.5 The Easy to do Business program is a free service for the Council and customers.

3.6 The Easy to do Business program will expand to include other industries and the entire small business lifecycle, in the future.

4. Term

This MOU commences on the Commencement Date specified in MOU Details and will continue unless terminated by either party.

5. Termination

Either Party may terminate this MOU by giving the other Party ninety (90) days’ written notice.

6. SNSW’s obligations

SNSW will:

(a) ensure the Business Concierge will be the customer’s single point of contact for queries relating to opening or growing their business

(b) within two working days, call the customer to establish and understand the customer’s ambition with respect to their business and outline how the program may be able to help

(c) provide tailored publically available information specific to each customer’s needs addressing Local, State and Federal Government requirements

(d) address customer queries relevant to any stage of the end-to-end journey

(e) provide to the customer a detailed case management plan outlining all licences and approvals required to open or grow their business and the suggested pathway to completion

(f) where a customer query cannot be immediately addressed, make contact with Council or the relevant federal or state government agency to source the additional information required and respond back to the customer as promptly as possible

(g) escalate customer queries to the Council specialist team wherever questions become advice-based or highly complex

(h) guide and support the customer through the online licence application processes

(i) assist businesses navigate government regulatory processes, not provide advice

(j) review, verify and validate customer applications against agreed criteria so as to improve the quality of applications submitted to Council.

7. Council’s obligations

The Council will:

(a) refer eligible customers to EtdB

(b) provide guidance and information to the EtdB team to assist it to respond to customer queries, as required

(d) provide updates on changes in the local area that may impact EtdB

(e) identify local events and organisations that are opportunities to inform customers about EtdB

(f) provide feedback on the effectiveness and performance of EtdB in the local area.

8. Liability

8.1 Use of the Easy to do Business service does not alter in any way each customer’s responsibility to provide accurate and complete information in support of each application. The customer is entirely responsible for the information contained in and lodgement of their own forms, fulfilment of any legal requirements as well as any works or activities that they complete following the receipt of information through the Service.

8.2 To the full extent permitted by law, neither Council or SNSW will be liable to the customer for the customer’s actions or responsible for any liability, loss or cost suffered directly or indirectly by the business in connection with the Easy to do Business service.

9. Review of MOU

The Parties agree to meet to discuss the terms and conditions of this MOU and to consider whether any variations or amendments need to be made.

10. Variations

This MOU may be varied by agreement of the Parties in writing.

11. Relationship

11.1 Cooperation

In carrying out its respective obligations under this MOU, the Parties agree to co-operate in a timely and effective manner with each other and to act in good faith.

11.2 Meetings

The SNSW Representative and the Council Representative agree to meet and discuss any matters relating to this MOU.

11.3 Issues

Each Party will keep the other informed in writing as to any issues arising and keep an ongoing written record of the status of each issue and when and how it was resolved.

12. Representatives of the Parties

12.1 Change of Representatives

(a) The Parties should inform the other party about any change of Representative from that specified in MOU Details.

12.2 Power and authority of Representatives

The SNSW Representative and the Council’s Representative:

(a) are the agent of the respective Party for the purposes of doing anything to be under this MOU; and

(b) have the authority to make and give, or accept, on the Party’s behalf, any approvals, acceptances, directions, notice and other decisions that the Party may make and give, or accept, under this MOU.

13. Resolution of Disputes

13.1 Both Parties agree to attempt to act in good faith in carrying out their obligations under this MOU and to attempt to resolve any Dispute in good faith.

13.2 In the event of any dispute between the Parties under or in connection with this MOU, the Parties will:

(a) within seven days (or such other period agreed between the parties) of a Party providing notice of a dispute to the other Party, ensure that the SNSW Representative and Council Representative meet with a view to resolving the dispute; then

(b) if the dispute is not resolved, within 14 days (or such other period agreed between the Parties) of that meeting, the Chief Executive of the Council (or delegate) will meet with the Chief Executive Officer of Service NSW (or delegate) with a view to resolving the dispute.

13.3 Any Disputes arising out of or in connection with the MOU which cannot be settled by negotiation between the Parties under clause 13 (b) shall be referred to mediation via the Resolution Institute - https://www.iama.org.au.

13.4 If a dispute arises from, out of, or in connection with this MOU, the Parties must attempt to resolve it in accordance with the Premier’s Memorandum M1997 – 26 Litigation Involving Government Authorities.

14. Notices

14.1 General

Any notices under this MOU must be given by an Authorised Representative of the Parties.

14.2 Change of address

Each Party must notify the other Party in writing of any changes to notice details specified in MOU Details.

15. Non-binding Memorandum of Understanding

15.1 This MOU is not intended to create legally enforceable rights or obligations for either Party.

15.2 This MOU merely constitutes a statement of the mutual intentions of the Parties with respect to its contents and each Party represents to the other that:

(a) no reliance will be placed on it;

(b) it does not constitute an obligation binding either side;

(d) it creates no rights in favour of either party; and

(e) for the avoidance of doubt and without limiting the above in any way, this MOU imposes no commitment on any person to proceed with an agreement.

16. Miscellaneous

16.1 Legal costs

Subject to any express provision in this MOU to the contrary, each Party must bear its own legal and other costs and expenses relating directly or indirectly to the preparation of, and performance of its obligations under this MOU.

16.2 Amendment

All amendments to this MOU and all consents, approvals, waivers and agreements made under this MOU must be evidenced in writing.

Signed for and on behalf of SNSW

Name: _______________________ Signature: _____________________

Position: ______________________ Date: _____________________

Signed for and on behalf of the Council

Name: _______________________ Signature: _____________________

Position: ______________________ Date: _____________________

Ordinary Council Meeting 27 June 2018

6.8 REGIONAL DEVELOPMENT

SUMMARY

Consideration of a proposal to implement a Regional Economic Development Manager working collaboratively across Yass Valley, Goulburn Mulwaree and Upper Lachlan Shire Councils.

RECOMMENDATION

That Council support the concept of a shared Regional Economic Development Manager.

That discussions be undertaken with Upper Lachlan Shire and Goulburn Mulwaree Council on the basis of sharing 80% of the costs of a regional economic development Manager with Yass Valley retaining the remaining 20% for a 12 month trial on a resource shared basis of:

47% Goulburn Mulwaree 32% Yass Valley and 21% Upper Lachlan Shire.

Financial IMPLICATIONS

The proposal to implement a Regional Economic Development Manager would generate $47k in employee cost savings and deliver enhanced outcomes for economic development.

POlicy & Legislation

Nil.

REPORT

1. Introduction

Recent staff changes at Yass Valley and Goulburn Mulwaree have prompted an opportunity to revisit the way services are delivered and explore the opportunity of a broader regional approach to economic development including the opportunity for the provision of a regional economic development resource that could be shared between Yass Valley, Goulburn Mulwaree and Upper Lachlan Shire Councils. Yass Valley Council has not budgeted in 2018/19 to increase expenditure to provide any additional resource in this area of operation so consideration is being given to the use of Yass Valley Council’s current Economic Development and Tourism Manager as a shared resource. Creation of a regional shared resource would support the aims and objectives of the MOU for Collaboration which is dealt with as another item of this meeting agenda.

2. A Collaborative Approach

Yass Valley Council in partnership with Upper Lachlan and Goulburn Mulwaree developed a Regional Community Strategic Plan and have all contributed to the development of a (DRAFT) Regional Economic Development Strategy prepared by the NSW Government.

The Councils of the Southern Tablelands are well placed to initiate a collaborative approach to economic development within the strategies outlined in the Regional Community Strategic Plan and the (DRAFT) Regional Economic Development Strategy (REDS). This collaboration is expected to deliver cost savings to Council and also align economic development to the functional economic region (as described in the REDS) facilitating a best-fit model across the region.

A collaborative approach to regional economic development could be delivered by:

· Development of strategic consultancies

· Employment of an additional resource

· Utilising an existing resource

In each of the above cases the costs would be shared between Councils.

3. Current Yass Valley Economic Development and Tourism Services

Yass Valley Council delivers economic development and tourism services from within the Yass Valley Information Centre under the Planning Directorate. Broadly the function is delivered under six (6) key pillars of responsibility;

· Destination information services – online and offline provision of destination information to influence visitors to visit, stay longer, spend more, provide positive word of mouth recommendations and re-visit the destination.

· Destination Marketing – provision of integrated marketing communications that align target markets and experience pillars to support and promote the Yass Valley NSW Australia brand.

· Product & Experience Development – the development of new tourism products and experiences in conjunction with the tourism industry to ensure Yass Valley’s tourism offering remains innovative and diverse.

· Business development and engagement – a focus on open communication and information sharing that focuses on skill development, networking and collaboration with Yass Valley businesses and business intenders.

· Strategic Partnerships – development and commitment to managing relationships with key industry sectors and bodies within and external to Yass Valley to foster outcomes that benefit the Yass Valley economy.

· Operations – the management of services and facilities to ensure a safe workplace that is efficient in use of resources, fosters staff development, is inclusive and reflects positively on Yass Valley Council and the community.

Council delivers this service with a total staffing cost of $363.2k (Refer 2018/19 Budget Estimates excluding on-costs)

Table 1 Current Yass Valley Staffing Costs

Position Title	Full / Part time	Cost
Economic Development and Tourism Manager	1 Full time	$120.1k
Destination Development and Marketing Coordinator	1 Full time	$ 81.6k
Destination Marketing Officer	3 Part time ( 3 X 0.8)	$147.0k
Casual Visitor Services Officer	2 As required	$ 14.5k
	Total	$363.2k

4. The Proposal - A Regional Economic Development Manager (REDM)

It is proposed to create a trial role where the current Yass Valley Economic Development Manager is a shared resource with Goulburn Mulwaree and Upper Lachlan Shire Councils. The intent is to create a Regional Economic Development Manager role to work collaboratively across the three LGA’s at a strategic level to identify business attraction, development and retention initiatives with a primary focus on the key industries/sectors as identified in the situation analysis undertaken through the development of the REDS;

· Agriculture

· Freight and Transport

· Public Order, Safety and Aged Care

· Extractives and Renewables

· Tourism/Lifestyle

Key responsibilities of the role would include;

· Proactive case-management approach to business attraction, development and retention

· Working with each LGA to identify the type of industries suitable for attraction – taking into account land use/zoning, compatibility with community/lifestyle, employment characteristics, competitive advantages and infrastructure demands/requirements

· Championing a customer first approach – easy to do business with

· Provide a relationship management role with Councils, CBRJO, State and Federal Government agencies, NGO’s and peak body and industry associations

· Oversight of the Tablelands Tourism review project

The role will require support from each LGA in terms of project officer, case management, administrative and communications support – potentially undertaken by existing roles within each council – estimate 0.2-0.5 FTE.

The current Yass Valley EDT manager would undertake the regional role on an approximate 80:20 basis (based on a current 9 day fortnight);

· REDM 7.2 days/fortnight

· YV EDT 1.8 days/fortnight

That is 80 % on regional development for the three councils and 20% solely for Yass Valley

Adopting the methodology for determining contributions to the Canberra Region Joint Organisation the 80% would be divided as 47% Goulburn Mulwaree 32% Yass Valley and 21% Upper Lachlan Shire.

Based on the current YVC EDT manager salary including on-costs and vehicle (net of contributions) of $160k and the apportionment of 80% to a shared regional role and the balance (20%) solely for Yass Valley, the below table identifies the costs to each Council under this arrangement.

Table 2 – Share of costs per LGA

			80 % REDM	20 % YVC	Total cost to each Council
Apportionment based on CBRJO contributions	GMC	47%	$60,160	$ -	$60,160
	YVC	32%	$40,960	$ 32,000	$72,960
	ULSC	21%	$26,880	$ -	$26,880
	TOTAL	100%	$128,000	$ 32,000	$160,000

Cost summary

· Goulburn Mulwaree $60,160

· Yass Valley $72,960 (Includes 1.8 dedicated days per fortnight)

· Upper Lachlan $26,880

The table below (Table 3) identifies a first draft of possible roles and responsibilities for the REDM and Councils.

Table 3 - Draft structure – roles and responsibilities

REGIONAL ECONOMIC DEVELOPMENT MANAGER - (9day f/n) REGIONAL ED MGR (80%) 7 days f/n YV EDT MGR (20%) 2 days f/n
· Strategic partnerships · Tablelands tourism · Business attraction development & retention · Industry/Sector development · ED project & case management liaison · Marketing & communications liaison · Relationship management: o Key industry sector bodies o CRJO, RDASI, TIAC, DSNSW etc o State & Federal Governments · Suggested regional division of duty and funding 47% GMC 32% YVC and 21% ULSC (Based on contribution formula for CRJO)		· YV ED Committee management · YV Strategic ED & tourism oversight · YV International relationships · YVC/YVBC relationship management · YV ED & tourism projects & case management oversight
GMC ED (suggested in-council support)	ULSC ED (suggested in-council support)	YV Tourism & Business Liaison Coordinator (revised)
· ED project & case management · Marketing & communications support · Administrative support	· ED project & case management · Marketing & communications support · Administrative support	· Destination information services (YVIC) · YVIC operations & admin · Local marketing & digital platform oversight · Budget responsibility · Merchandise coordination · CBRJO working group participation · ED project management · Marketing & communications support · Administrative support
		YV Destination Marketing Officers
		· Customer Service (online and offline) · Local Marketing & digital platform activity · Merchandise sales and replenishment

5. The Impact for Yass Valley

As identified in the above table it is proposed that the REDM would provide strategic oversight of Yass Valley economic development and tourism at approximately 2 days per fortnight in addition to the regional role. This will ensure a continuity of services that are currently provided within Yass Valley and that economic development and tourism services are not negatively impacted.

The current (vacant) position of Destination Development and Marketing Coordinator is proposed to be reviewed and a suitable restructure could include an ED project officer/support role for Yass Valley – Tourism & Business Liaison Coordinator.

Table 3 Proposed Yass Valley Staffing Costs

Position Title	Full / Part time	Cost
Regional Economic Development Manager	0.47 FTE	$ 73k
Tourism & Business Liaison Coordinator	1 Full time	$ 81.6k
Destination Marketing Officer	3 Part time (3 X 0.8)	$147.0k
Casual Visitor Services Officer	2 As required	$ 14.5k
	Total	$316.1k

This opportunity generates a saving for Yass Valley Council of $47.1k in the twelve month period.

Further opportunities for collaborative activities may arise from the Tablelands Tourism Review currently underway (due in August) with possibilities for:

· Regional Marketing

· Product & Experience Development

· Industry Development and Engagement

6. Proposed Benefits for Yass Valley

There are expected savings in employee costs of $47K. The implementation of a Regional Economic Development Manager will open a broader scope of opportunity to develop new business and grow our existing businesses by allowing for best-fit business attraction across the whole region. A regional approach may lead to additional grant opportunities as partnerships are generally viewed more favourably by both State and Federal Governments. This position would shift the service delivery focus from tourism to a broader economic development role.

7. Measures of Success

It is proposed that the resource sharing arrangement be implemented for a 12 month trial period and success of the REDM role being measured by the economic impact in each of the LGA’s using job creation, business growth as the KPIs – reported through ID Profile and business case studies.

Strategic Direction

Key Pillar 2. Our Economy

CSP Strategy EC1 - Capitalise on the region's close promimity to Canberra and its position as a convenient location to attract industry and investment

Delivery Program Action EC1.2 - Enhance and promote the Yass Valley brand to drive positive economic activity

Operational Plan Activity EC1.2.1 - Position and promote Yass Valley as a place to do business

ATTACHMENTS: Nil

Ordinary Council Meeting 27 June 2018

7.1 Yass to Murrumbateman Water Transfer System

SUMMARY

This report provides an update on the progress of the Yass to Murrumbateman Water Transfer System project.

RECOMMENDATION

That Council:

1. Note the progress of the project and the land acquisition ;

2. Extension be requested for availability of National Stronger Regions Funding ( NSRF) until June 2020;

3. Calling of Tenders for pipeline construction be scheduled after all agreements with property owners are signed

Financial IMPLICATIONS

Funds have been allocated in the 2017/18 and 2018/19 Operational Plan for the design, land acquisition and construction activities for this project.

The following grant funding is available for the construction of the project:

· $6.1 Million from the Australian Government (National Stronger Regions Fund) on condition that Project be completed in November 2019

· $3.735 Million from the NSW State Government (Restart NSW Fund). Granted for Improvements to the Yass Water Treatment Plant and approval given to utilise funding on this project

The estimated total project cost is approximately $14 Million.

Council will be seeking additional funding via an application under impending State grant funding programs. If the application is successful then this would deliver an opportunity to bring forward the Improvements to the Yass Water Treatment Plant.

POlicy & Legislation

State Environment Planning Policy (Infrastructure) 2007 (SEPP).

REPORT

1. Background

The current Murrumbateman Water Supply System provides water drawn from ground water sources. This system was developed in 1984 using a shallow bore located in the Murrumbateman Recreation Ground. A second bore was developed in 2007 following intensive investigations. The water undergoes a disinfection treatment process prior to household supply. The bore water is occasionally of below average quality and does not provide a secure water supply for the current Murrumbateman Village nor any future growth.

The project to raise the Yass Dam wall means the dam can cater for up to 15,000 people. At present it caters for approximately 7,700 people in Yass and the villages of Bowning and Binalong.

The Yass to Murrumbateman Water Transfer System project will deliver water from the Morton Avenue Reservoir, Yass, via a 250mm pipeline to Murrumbateman for a maximum population of 3,000 people ( 1,000 Lots).

The project not only allows for growth in Murrumbateman, but also allows a reverse water transfer from Murrumbateman to Yass in the future if water from the ACT is ever supplied to the Murrumbateman Region.

Council has received grant funding for the project as per the information provided in the Financial Implications section of this report.

The project program is as follows:

· 2016 / 17 Land Negotiation (Pipeline Route and Reservoir sites) and Concept Development

· 2017 / 18 Survey & Design, Environmental Studies and Land Negotiation/Agreements

· 2018 /19 Calling and Awarding Tender and Commence Construction

· 2019 / 20 Construction and Commissioning

· 2020/ 21 Finalisation of Easement Creation

· 2021/ 22 Extension of Water Mains to the Border of Future Development Areas.

2. Pipeline Alignment Selection

NSW Public Works Advisory determined the Yass to Murrumbateman water pipeline alignment following a workshop with Council staff in January 2017. The route options were assessed using a Multi – Criteria Assessment (MCA) method, with the preferred pipeline alignment selected accordingly. The selected pipeline route runs alongside the electricity easement for much of the length.

3. Land Acquisition

The pipeline alignment selected traverses through eighteen private properties in total. Cleah Consulting Pty Ltd has been engaged to liaise with land owners on behalf of Council for creation of a 6m wide easement for the pumping main and a 20m wide corridor for construction phase activities.

Cleah Consulting continues meeting with land owners and seventeen land owners allowed to enter their properties for survey, environmental and geotechnical investigations and all these activities have been completed now except at one property covering 70m length. One property owner did not give permission to enter his property.

A Land Owner Agreement has been developed as the instrument for creation of the easement. Legal advice has been sought on this document from Council Solicitors. Through a Quotation process, Specialised Valuation Services has been engaged to undertake valuations where the easements are required.

It is noted that the easement creation process is critical in the overall context of the project program. This process takes time and any delay would affect the overall project timeline. The program for the project is of great importance because of the timeline associated with the Federal Government Grant under the National Stronger Regions Fund. Should any delays be experienced, Council will need to request an extension of time from the managing authority, Department of Infrastructure and Regional Development.

Information for Land Acquisition Process is given below;

ü Total number of properties affected =18 Properties ( excluding crown and owned by YVC)

ü Number of land holders =14

ü Number of Agreements signed =8

ü Percentage of Agreement signed =70% of the total length of proposed trunk main

4. Design Phase

NSW Public Works Advisory were engaged to develop the Concept Design for the project, which has now been completed and Council endorsed this Concept Report at its meeting on 26^th July 2017 (Minute 185/2017).

Following the endorsement of Concept Plan, Council has engaged NSW Public Works Advisory for the detailed design process. NSW Public Works Advisory has in-house capability, technical knowledge and experience to deliver appropriate solutions suitable to large scale rural and regional capital projects with considerations to operational and maintenance scenarios.

Major components of the design phase are:

· 375mm inlet from Morton Avenue Reservoir and Pump Station;

· Upgrade power supply to Morton Avenue Reservoir site;

· 19km long 250mm diameter trunk pumping main from Yass to Murrumbateman;

· 2.1 ML reservoir at Murrumbateman; and

· Gaseous chlorine based chlorination system to Murrumbateman water supply.

In order to have better quality assets and a longer life span, it has been decided to carry out a detailed design and then call tenders for construction. An alternative would have been to have a contractor design and construct the project. This approach however is likely to deliver substandard assets and will have associated higher ongoing maintenance costs for Council.

Since completion of Concept Development, following progress have been achieved within last twelve months;

ü Completion of Pipeline Alignment 100%

ü Completion of Survey Works 100%

ü Completion of Geotechnical Investigation 100%

ü Completion of REF 80%

ü Completion of Design and Technical Specification 60%

ü Tender Document ( RFT) for Murrumbateman Reservoir 100%

Due to several suppliers available in the construction industry to design and construct reinforced concrete reservoir, fully welded steel reservoir with internal and external coating and glass fused to steel type reservoir, it has been decided to call Design and Construct (D&C) tender for the proposed Reservoir at Murrumbateman.

5. Murrumbateman Reservoir

A 15m high, 2.1 ML reservoir at the location of the existing elevated 90KL steel reservoir (15m high) is now planned. This proposed arrangement shall service the existing village and around ninety percent of potential future development sites without the need for any pressure boosting arrangements.

Should there be any additional reservoir requirements needed at a later date, a second reservoir shall be constructed either near to the existing site or at another location where future development occurs.

During the transition phase, a temporary pressure system has been installed in end of May 2018 to service the existing high level zones that were previously serviced by the 90KL high level reservoir. Installation of the temporary system now allows the removal of the existing elevated 90 KL steel reservoir to construct the proposed 2.1ML reservoir at this location. Tenders have been called on 29^th May 2018 and a mandatory pre tender meeting was conducted at Murrumbateman on 13^th June 2018. Tender will close on 10^th July 2018. Tender Evaluation Report will be submitted to Council meeting in August 2018 for the determination.

6. Pump Station at Morton Avenue, Yass

The Reservoir at Morton Avenue is the largest holding Reservoir (4.5ML) within the Yass Water Supply System. It is proposed to draw water from this Reservoir to supply Murrumbateman.

A Pump Station will need to be constructed at this location to supply water to Murrumbateman. This is planned to be constructed in a portion of land from Lot 11, DP 777721 adjoining to the Reservoir. This portion of land will need to be acquired during the land acquisition process.

When acquiring the land for this proposed Pump Station, an additional area of land will also be acquired for a second reservoir to meet the future growth needs of Yass.

7. Development and Environmental Approval

The relevant environmental planning instrument for the proposal is SEPP (Infrastructure) 2007. This removes the requirement for compliant activities to obtain development consent. Clause 125(1) of the SEPP allows works for the purpose of a water reticulation system carried out by or on behalf of a public authority to proceed without development consent on any land. Therefore, the proposed Yass to Murrumbateman Water Supply Project is permissible without Development Consent.

The proposal will therefore be assessed under Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Yass Valley Council is the proponent and will be the determining authority for the development.

A Review of Environmental Factors (REF) is being prepared in accordance with Section 111 of the EP&A Act, which requires that the proponent take into account to the fullest extent possible all matters affecting or likely to affect the environment due to the proposed activity. Consideration of the factors listed under Clause 228 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) is used to assist in assessing the significance of the proposal and will be included in the REF. 80% of REF is now completed

8. Communication Strategy

· All affected land owners where an easement requires creation were informed in March 2017;

· Residents near the proposed Pump Station site and Reservoir site at Morton Avenue were notified; and

· Murrumbateman Village Residents were notified on the progress of this project.

9. Completion of Construction

As tenders have been called now, it is expected the construction of proposed Reservoir at Murrumbateman will be completed by end of September / October 2019.

Completion of proposed Pump Station at Morton Avenue, Yass and 19Km long 250mm trunk main between Yass and Murrumbateman depends on successful completion of agreements with property owners. Project of this scale shall not be commenced before all agreements with property owners are signed, otherwise Council will potentially incur cost associated with delay claims by the Contractors. Considering the progress so far, this project likely be completed by June 2020.

Strategic Direction

Theme IN Our Infrastructure

Long Term Goal IN5 - Ensure high quality water supply options for the towns in the region

Strategy IN5.1 - Council to supply quality water, cater for growth and quality enhancements that addresses the community needs

Strategic Action IN5.1.1 Council to supply quality water, cater for growth and quality enhancements that addresses the community needs

ATTACHMENTS: Nil

9.1 CBRJO Board Minutes

Attachment a Draft CBRJO Board Minutes

CBRJO Board Meeting 2 May 2018 – Minutes

Meeting Opened: The meeting opened at 2.00pm

1. Welcome and Apologies

Present

Bega Valley Shire Council	Cr Kristy McBain Ms Leanne Barnes
Eurobodalla Shire Council	Cr Liz Innes Mr Lindsay Usher
Goulburn Mulwaree Council	Cr Peter Walker Mr Warwick Bennett
Queanbeyan-Palerang Regional Council	Cr Tim Overall Mr Peter Tegart
Snowy Monaro Regional Council	Cr John Rooney Mr Joseph Vescio
Upper Lachlan Shire Council	Cr Brian McCormack OAM Mr Gary Woodman
Wingecarribee Shire Council	Ms Ann Prendergast
Yass Valley Council	Cr Rowena Abbey (Chair) Mr David Rowe
ACT Government	Mr Sam Engele Mr David Clapham
CBRJO	Ms Gabrielle Cusack

In Attendance

Wagga Wagga City Council

Mr Peter Thompson

Snowy Valleys Council

Cr James Hayes OAM

Cr John Larter

Mr Matthew Hyde

East Gippsland Shire Council

Cr Joe Rettino

Mr Gary Gaffney

Apologies

Eurobodalla Shire Council	Dr Catherine Dale
Goulburn Mulwaree Council	Cr Bob Kirk
Hilltops Council (2 May 2018)	Cr Brian Ingram Mr David Aber
Upper Lachlan Shire Council	Mr John Bell
Wingecarribee Shire Council	Cr Ken Halstead (Wednesday 2 May)
Wagga Wagga City Council	Cr Greg Conkey OAM
Department of Premier and Cabinet	Mr James McTavish

2. Governance – Joint Organisation Transition

RESOLUTION 2018/1

Cr Abbey Chair requested feedback from Board members about her role on selection panel if the General Manager of Yass Valley Council was an applicant. There was no issues raised.

That:

1. The Chair of the Board select a date for the first Board meeting upon notification that CBRJO has been gazetted.

2. The Chair of the Board also give formal notification to the Chief Executive of OLG that the first Board meeting be held on that date.

3. The Board endorse the engagement of McArthur Recruitment to manage the recruitment process.

4. The Board resolve the interview panel for the Executive Officer be the CBRJO Chair, Deputy Chair, General Manager of Bega Valley Shire Council and General Manager of Goulburn Mulwaree Council.

5. The interview panel as defined in paragraph 4 above make a recommendation to the first meeting of the gazetted CBRJO Board to formally appoint the Executive Officer.

6. The Board endorse the following draft structure (amended to reflect the title of Strategy & Government Relations Manager and annotate the Waste Officer & Biodiversity Officer as grant funded for term of grant) as follows to be adopted at the first meeting of the gazetted JO.

A close up of a logo

Description generated with very high confidence

7. The Board note that the position of Strategy & Government Relations Manager will be recruited following the EO appointment.

8 The Board refer the review and progress of recommendations from the feasibility report and the implementation governance projects to GMAC for subsequent report to the Board.

9. The Board receive a report on the reasonable costs to reimburse QPRC for costs related to the winding up of the CBRJO.

BVSC/ULSC (unanimous)

3. Infrastructure Framework – Project Management Office

RESOLUTION 2018/2

Presentation By: Ms Jillian Kilby: The Infrastructure Collaborative

That:

1. The Board note the presentations on stages and funding for regional infrastructure and a project management office

2. The GMAC Chair, in consultation with GMAC, be delegated the authority to engage a resource to identify the status of LGA and regional planned projects, and coordinate the development of infrastructure projects capable for grant funding applications over the next 6 months.

3. CBRJO fund that coordination resource, and that the cost of working on individual council projects be recouped from those councils.

4. The Board recognise that councils will increase the probability of successful grant funding applications if they choose to self-fund preconstruction planning activities such as environmental, options and feasibility studies.

5. The Board request the State Government to allow preconstruction planning costs to be retrospectively incorporated in total project cost for grant funding applications.

6. The Board note a regional infrastructure prospectus is to be developed

BVSC/SMRC

BOARD MEETING SUSPENDED – 3.05PM

CBRJO Board Meeting 3 May 2018 – Minutes

Meeting Reconvened: The meeting opened at 9.30am

1. Welcome and Apologies

Present

Bega Valley Shire Council	Cr Kristy McBain Ms Leanne Barnes
Eurobodalla Shire Council	Cr Liz Innes Mr Lindsay Usher
Goulburn Mulwaree Council	Cr Peter Walker Mr Warwick Bennett
Hilltops Council (2 May 2018)	Cr Brian Ingram Mr David Aber
Queanbeyan-Palerang Regional Council	Cr Tim Overall Mr Peter Tegart
Snowy Monaro Regional Council	Cr John Rooney Mr Joseph Vescio
Upper Lachlan Shire Council	Cr Brian McCormack OAM Mr Gary Woodman
Wingecarribee Shire Council	Cr Ken Halstead Ms Ann Prendergast
Yass Valley Council	Cr Rowena Abbey (Chair) Mr David Rowe
ACT Government	Mr Sam Engele Mr David Clapham
CBRJO	Ms Gabrielle Cusack

In Attendance

Wagga Wagga Council

Mr Peter Thompson

Snowy Valleys Council

Cr James Hayes OAM

Cr John Larter

Mr Matthew Hyde

Apologies

Eurobodalla Shire Council	Dr Catherine Dale
Goulburn Mulwaree Council	Cr Bob Kirk
Upper Lachlan Shire Council	Mr John Bell
Wagga Wagga City Council	Cr Greg Conkey OAM

2. Confirmation of Minutes – 23 February 2018

The minutes from the CBRJO Board meeting held 23 February 2018 were confirmed as a true and accurate record.

BVSC/SMRC

3. Urgent Business / Late Items

NIL

4. GMAC Action List

RESOLUTION 2018/3

The Board note the GMAC Action List

QPRC/HTC

5. Membership Contributions

RESOLUTION 2018/4

1. That the Board adopt the following methodology for voting member contributions

a. A flat Fee of $7200

b. A population fee of 70 cents per head

c. The fee be increased annually in accordance with the rate peg unless otherwise determined by the Board

2. That Board adopt the following methodology for non-voting members

a. 75% of the member contribution for councils in NSW

b. 25% of the member contribution for councils outside NSW (East Gippsland)

c. Associate membership fees of other entities determined by the Board on a case by case basis

d. That the ACT contribution be subject to further discussion and a revised MOU.

3. The CBRJO write to the Deputy Premier, thanking him for his presentation and consider ongoing funding of Joint Organisations to ensure ongoing sustainability.

QPRC/BVSC

6. Operational Report – Executive Officer

RESOLUTION 2018/5

That the Board note the Operational Report.

GMC/SMRC

MEETING SUSPENDED 10.10am.

MEETING RECONVENED 2.00PM.

7. Building Professional Boards – Mandatory Reporting

RESOLUTION 2018/6

1. That a submission be prepared to the Building Professionals Board requesting the timetable be extended to 30 April 2019 for Councils to achieve full compliance with mandatory reporting

2. That the issue be raised with the Minister for Finance, Services and Innovations, Victor Dominello, Minister for Planning, Anthony Roberts and the Minister for Local Government Gabrielle Upton

GMC/ ESC

8. Regional Development Australia – Southern Inland Membership

RESOLUTION 2018/7

That the Board note John Rooney and Warwick Bennett expressed an interest in nominating to the Board of RDASI.

N GMC/ EHTC/BVSC

9. Any Other Business

CHARTER

The Board noted that a proposal for a 75% Quorum on Board decision making will be included in the draft charter for the Boards consideration

WSC/SMRC

Next Meeting

CANBERRA: Thursday 5 & Friday 6 July 2018

Meeting Closed: 2.44pm

9.2 MOU for Collaboration between Councils

Attachment a MOU for Collaboration between YVC GMC and ULSC

Memorandum of Understanding

Between

Goulburn Mulwaree Council,

Upper Lachlan Shire Council

and

Yass Valley Council

For

Shared Collaboration

1. Partners

1.1 This Memorandum of Understanding (MOU) is made between the Goulburn Mulwaree, Upper Lachlan and Yass Valley Councils (the partners) with the aim of providing an agreed framework for collaboration and where applicable the provision of shared services across all three Councils.

2. Definition

Collaboration – for the purpose of this MoU shall include the entire gambit of collaboration possibilities that could include sharing information, staff , equipment, assets or the provision of a service to one Council by other Council, a third party delivering the service across two or more Councils or even a company established by Councils to deliver specific services.

3. Statement of Commitment

3.1 The Partners, in executing this MOU, hereby acknowledge their willingness to co-operate, collaborate and work together to achieve the objectives set out hereunder and achieve effective and efficient outcomes for their communities.

3.2 The Partners are committed and have agreed to work together to collaborate and investigate opportunities to establish shared services that will deliver cost efficiencies across all three Councils.

3.3 The Councils are committed to collaboration and provision of shared service where it is advantageous to all parties, however it is recognized that the retention of the three Councils as separate entities with separate governance and management structures is paramount. Each of the partners shall have an absolute right to local democracy and determination, but acknowledge that for this MOU to achieve successful outcomes it will be necessary to work towards commonality and alignment of policies, procedures and practices.

4. Objectives

4.1 The objectives of this MOU are to:

a. Provide for increased service capacity

b. Achieve better value for monies spent

c. Drive best practice improvements

d. Address the skills shortage of specialist staff

e. Increase utilisation of plant and technology to achieve savings and economies of scale

f. Enhance critical mass for service delivery

Promotion of the strategic alliance through the local media and internally within each partner Council g.

5. Dealing with Inclusion/Exclusion of Schedules

5.1 Inclusion or exclusion of schedules will be by way of agreement and can be either:

a. Applicable to all partners, or

b. Apply to a specific number of partners only

5.2 In the case of strategic or policy matters the agreement shall be via a specific Council resolution by each of the affected Councils.

5.3 In the case of operational matters the agreement shall be via a witnessed signature of the relevant General Managers.

5.4 A Council not affected by the inclusion or exclusion of an issue shall not be able to influence the outcome of any decision on a Schedule not directly affecting them.

6. Inclusion of Additional Partners

6.1 This MOU provides for the admission of additional Council partners to the three founding Councils. Application for inclusion by any other Council shall be made in writing following a specific resolution by that Council at an open Council Meeting.

6.2 The application for additional partners can only be approved upon the express agreement of all the existing partners through a resolution passed at each of their individual Council meetings.

7. Resignation of Partners

7.1 No partner to this MOU may resign within the longest time frame specified in any of the included Schedules to which that partner is a party.

In addition, any partner shall be entitled to withdraw from the MOU on 30 June of any calendar year provided a minimum of 12 months’ notice in writing has been given.

7.3 Notwithstanding, clauses 6.1 and 6.2, a Council may withdraw from the commitment to a ‘Schedule’ or the entire MoU if all parties that are affected by the relevant document are in agreement.

8. Document Amendments

8.1 The MoU shall only be amended by resolution of each Council that is party to the agreement.

8.2 Schedules signed by the General Managers may be varied by agreement between the relevant General Managers.

8.3 Schedules included by resolution of Councils may only be varied by another resolution of Councils.

9. Timeframe

9.1 In recognition of the complexity of forging a shared services model and the timeframes required to reap the benefits from such an arrangement, the term of this MOU shall be 4 years.

9.2 A review of the effectiveness of the MOU shall be undertaken in June of each year.

9.3 At the completion of the term of this MOU, the partners may extend the term for any further term of four years.

10. Governance

10.1 The governance structure to be implemented for this MOU will be as follows:

a. Formation of a Shared Services Management Committee.

b. Decisions shall be by consensus for all those Councils partaking in the particular shared services arrangement.

c. The Committee shall be comprised of the General Managers of each of the partners (or their delegate).

d. The Committee shall be chaired on a 12 month rotating basis and meet quarterly or as required.

e. Administrative/secretarial support shall be provided by the chairing Council.

f. Sub-committees will be formed as required and meet on an as-needs basis.

g. The chairing Council shall provide an annual report to each of the partner Councils setting out the achievements for the previous year and plans for the subsequent year.

.h.

11. Cost Recovery Principles/Resources

11.1 The following principles will underpin this MOU:

a. All shared services will be on the basis of no net cross-subsidisation.

b. Shared staff will be employed by a single Council.

c. No staff will be disadvantaged by any shared service arrangement and current employment benefits and security will be maintained.

d. Merging, alignment and standardisation of systems, technology and processes will be aimed for where-ever possible and deemed appropriate.

e. Non-commercial works and services will be costed on an actual cost basis.

f. Commercial works and services will be costed on a cost plus basis according to the policy of the Council providing that service.

12. Dispute Resolution

12.1 Any dispute arising under this MOU will be submitted by the affected Council to the Shared Services Management Committee for mediation and recommendations.

12.2 If any party involved in the dispute is not satisfied with the determination of the Committee then it must refer the dispute for arbitration in accordance with the following clause.

12.3 If the Shared Services Management Committee is unable to resolve the dispute then the matter will be referred to arbitration in order to resolve the dispute.

12.4 The parties must agree to the appointment of an arbitrator with experience in resolving disputes of a similar nature to the dispute. If agreement cannot be reached regarding the appointment of an arbitrator the parties agree to the appointment of an arbitrator nominated by the President of the Australian Commercial Disputes Centre.

12.5 The arbitration will, when conducted by an arbitrator appointed by the President of the Australian Commercial Disputes Centre be conducted:

a. by a single arbitrator; and

b. in accordance with the arbitration rules of the Australian Commercial Disputes Centre; and

c. in one of the Partners area.

12.6 The parties must do all such acts and things as are necessary to facilitate the expeditious hearing of the Dispute by the arbitrator.

12.7 The costs of the arbitrator are to be borne:

a. as ordered by the arbitrator; or

b. in the absence of a direction from the arbitrator – equally by the parties.

12.8 The decision of the arbitrator (in the absence of an error of law) is binding on all parties. Accordingly, neither party is, after completion of the arbitration, entitled to commence proceedings to litigate the Dispute in any court of competent jurisdiction.

12.9 All parties must adhere to the dispute resolution procedure set out in this MOU.

12.10 The only time that either party may depart from the dispute resolution procedure set out in this clause is when urgent interlocutory relief is required to restrain a breach or threatened breach of this MOU.

This document is signed as authorised by Goulburn Mulwaree Council resolutions dated …………:

……………………….. Mayor

Bob Kirk

……………………….. General Manager

Warwick Bennett

This document is signed as authorised by Upper Lachlan Shire Council resolutions dated …………:

……………………….. Mayor

Brian McCormack

……………………….. General Manager

John Bell

This document is signed as authorised by Yass Valley Council resolution dated ………….

……………………….. Mayor

Rowena Abbey

……………………….. General Manager

David Rowe

12.2 Minutes of the Bango Wind Farm Community Consultative Committee held on 23 May 2018

Attachment a Bango Wind Farm Community Consultative Committee Minutes 23 May 2018

BANGO WIND FARM

COMMUNITY CONSULTATIVE COMMITTEE

Minutes of meeting held

on Wednesday 23^rd May 2018

Soldiers Club, Yass

Attendees:
Lisa Andrews (LA)	Independent Chair
Kristy Old (KO)	CWP Renewables (Development Manager)
Thomas Behrendt (TB)	CWP Renewables
Thomas McGrath (TM)	Community Representative – Host Landholder
Terry Sellwood (TS)	Community Representative
Jayne Apps (JA) Andrew Winterflood Cr Geoff Frost (GF) Cr Rita O’Connor	Boorowa District Landscape Guardians (arrived at 11.16am) Community Representative Yass Valley Council delegate Hilltops Council Delegate (alternate for Cr Wendy Tuckerman)

Apologies:	Cr Wendy Tuckerman - Hilltops Council Delegate

Meeting commenced at 11:02am.

Welcome and Introductions

The Chair welcomed everyone to the meeting of the Bango Wind Farm (BWF) Community Consultative Committee (CCC) and introduced Cr Rita O’Connor from Hilltops Council. The attendance sheet was distributed for signing.

Declaration of Interest

The Chair declared her interest as Independent Chairperson of the BWF CCC, approved by the Department of Planning and Environment and engaged by CWP Renewables.

No changes to previous declarations by members.

Business Arising from Previous Minutes

Minutes of CCC held 22^nd November 2017 were finalised in accordance with DP&E Guidelines and emailed to members on 9^th December 2017.

Action Item

Item

Issue

Responsibility

Link to Economic Impacts Report to be provided to CCC members

Link: http://bangowindfarm.com.au/cms/actpdf_2069_123.pdf

Included in finalised minutes

Complete

Further investigation on NSW Valuers General’s Department’s new Policy for valuation of lands used as wind farms.

Policy emailed to CCC members on 29^th November 2017.

Complete

Update on project to be prepared and published in local print media

Advertising has occurred in local print media in December 2017, January 2018 and February 2018.

Complete

KO to raise request for Hilltops Council delegate on CCC

Policy emailed to CCC members on 29^th November 2017

Complete

Alternate host landowner delegate - application forms to be forwarded to TM

Forms emailed to TM on 2^nd December 2017

Complete

Correspondence

· 4/12/17 – Email to members with the draft minutes for review.

· 9/12/17 – Email to members with the finalised minutes.

· 26/2/18 – Email from DPE advising that the Bango WF application has been referred to the PAC for its determination. This information was forwarded on to all CCC members.

· 5/3/18 – Email to members providing details about the PAC hearing.

· 16/4/18 – Email to members with a Save the Date for this meeting.

· 25/4/18 – Email to members with Meeting Notice and Agenda, confirming this meeting.

· 26/4/18 – Email from Cr Tuckerman with an apology and hoping to send an alternate delegate from Council

· 27/5/18 - Email from Cr Tuckerman advising that Cr Rita O’Connor will be Hilltops delegate for this meeting.

· 7/5/18 – Email to CCC members with the media release from CWP concerning the project approval.

· 21/5/18 – Email to members with a reminder for this meeting.

LA moved that correspondence be received. Seconded: TM

Reports and Updates

KO presented the project update. A hard copy of the presentation was provided to all attendees as well as plans for the final approved layout.

KO advised that since the last CCC meeting:

· The NSW DP&E recommended approval of the wind farm, with the removal of 4 turbines

· The Independent Planning Commission NSW held a public meeting in Boorowa (March 2018)

· Development approval was granted for 71 wind turbines (Layout Plan 1)

· There are a number of conditions of consent that require “Secondary Approvals” to be granted, prior to construction

· Preliminary documentation has been exhibited for public comment

· Department of Energy & Environment (federal) is currently assessing the project under the EPBC Act

· There is a new Bango Wind Farm website. Same address as before. The link is:

http://bangowindfarm.com.au/

· NSW Value General rate increases apply only to properties with wind farm infrastructure (turbines, roads, sub-stations, etc)

· Discussions regarding the Community Enhancement Fund VPA’s:
Cr Frost advised that this matter was to be discussed at the Yass Valley Council meeting that evening. Link to report on business paper:
https://www.yassvalley.nsw.gov.au/sites/yassvalley/files/public/2018/Agendas-and-Minutes/23%20May%202018%20Director%20of%20Planning%20Report_0.pdf

· The following Environmental Management Strategies are being prepared:
* Biodiversity Offset Strategy
* Biodiversity Management Plan
* Aboriginal & Heritage Management Plan
* Traffic Management Plan; and
* Bird and Bat Adaptive Management Plan.

· JA asked which aboriginal groups would be consulted in the preparation of the Aboriginal & Heritage Management Plan (Ngunnawal or Wiradjuri). KO advised that the independent consultant would be conferring with the relevant group for the project area and would advise the CCC when known. Action.

· The project “Matters of National Environmental Significance” preliminary documentation, and response to submissions (May 2018) has recently been on exhibition at Yass Library, Boorowa Library, Council offices as well as being advertised in the Sydney Morning Herald, Boorowa News & Yass Tribune.

· CCC members requested that they be informed of any exhibition/advertising occurring in regard to the project. Action – ongoing.

· Discussions were held on the decommissioning and rehabilitation processes.

· The preliminary documentation is with DEE for assessment and it is expected that a determination will be made within 8 weeks.

· If granted; then it will take between 6-12 months to gain financing and satisfy the approval conditions.

· It is expected that construction will commence in Q1 – 2019.

General Business

· The community representatives reinforced to the Councillors that the community funds should be spent in the project’s impacted area.

· The composition of the proposed Community Enhancement Fund Committee was discussed. GF recommended it be a 355 Committee of Council, with a Councillor, Council staff member, two people from the community (not hosts) and one representative from CWP. With preference given to projects within 20 km of the wind farm, however, not Yass township.

· JA recommended that opportunities be given to children who may not live within 20km of the project but attend schools adjacent to the wind farm and may need relevant services.

· Concerns were raised by Andrew Winterflood in relation to:
* Continued request for CWP to engage an Independent Valuer’s to address the impact of the proposed project on all properties (individually) in the area. KO commented that reports have previously been provided to members (NSW VG’s Report & Independent Valuer’s Report)
* He disputes the photo montage prepared by CWP and believes the impact will be much greater than that depicted.
* He disputes the independence of the IPAC panel members and has significant concerns with where the commissioners were taken by CWP to view the area and potential impacts.
* Some land owners have not signed contracts with CWP

· JA voiced her concern with her opinion on the lack of transparency with the commonwealth consultation as the CCC were not informed about the exhibition process and thus not provided with an opportunity to comment. KO commented that there was wide advertising undertaken in accordance with requirements and that a member of the CCC has made a submission.

o KO agreed to prepare and share with CCC an overview on exhibition and advertising periods in relation to preliminary documentation (MNES) Action

· JA further stated that she was shocked by the decision of the IPC to remove one of the Eagle nests, because it was too close to a turbine. Citing that the turbine should be moved, not the eagle’s nest.

· TS supported JA & AW’s comments.

· GF advised that at the Yass Valley Council meeting that evening, he was going to put forward a motion for Council’s consideration, on it taking a more proactive stance on future wind farm developments. In his opinion, the Council should understand that it is a player in the process and needs to represent their constituents. He will be seeking a direction for staff to comment at all opportunities with the concerns of the community; at both State and Federal level.

· It was generally agreed that State Significant Developments are referred to the involved council(s) for comment.

Date of Next Meeting

Given this stage of the project, it was recommended that the meetings move to a quarterly cycle. All in agreement. Accordingly, the next meeting was scheduled for:

Wednesday 5^th September 2018 at 11am in Boorowa. Venue to be confirmed.

Meeting closed at 12.18pm with LA thanking all for their attendance.

Action Items

Item	Issue	Responsibility
1	CCC members to be informed when the project is undergoing an exhibition period for comment	KO Ongoing
2	Advise CCC on the Aboriginal Management Plan consultation (which groups)	KO
3	Provide dates of Preliminary Documentation exhibition and advertising periods	KO

	Approved	Modification
Turbines	79	75
Hub height (max)	100m	100m
Height above ground level (max)	150m	171m
Blade length	60m	70m
Clearing	68.3ha	179.9ha*
Heavy vehicle access	Whitefields Rd	Whitefields Rd

Date Received	-	30 January 2018
Land	-	Lot 4 DP 1212099, 40 Middle Street, Murrumbateman
Area	-	1,273m²
Zoning	-	RU5 Village

Year	Commonwealth Home Support Program (CHSP)	Community Transport Program (CTP)	Total
2018/19	$121,517	$35,002	$156,519
2019/20	$121,517	-	$121,517

Year	Commonwealth Home Support Program (CHSP)	Community Transport Program (CTP)	Total
2018/19	$121,517	$35,002	$156,519
2019/20	$121,517	-	$121,517

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	80.17%	100%
A2/A	Nil	60%
A3/BBB	9.22%	30%
N/A	10.61%	Note 1

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	38.72%	50%
IMB	A3	9.22%	30%
CBA	A1/AA	33.80%	50%
WBC	A1/AA	7.65%	50%
TCorp	N/A	10.61%	Note 1 above

MEETING			FOLLOW UP
1	Local Government NSW	Cr Linda Scott – President Ms Donna Rygate – EO	Question to LGNSW regarding value of membership.
2	Greater Sydney Commission (GSC)	Mr Geoff Roberts Interim District Commissioner for Western Sydney	CBRJO to follow up with GSC on to arrange meeting with eight Mayors of Western Sydney to commence dialogue on cross regional opportunities.
3	Office of Local Government	Mr Tim Hurst – EO Mr Chris Presland
4	Minister for Local Government & Environment	The Hon Gabrielle Upton MP	Letter of Thanks. Follow up on questions on notice.
5	Premier	The Hon Gladys Berejiklian MP
6	Deputy Premier Minister for Regional Development, Skills and Minister for Small Business	The Hon. John Barilaro MP	Letter of Thanks. Follow up on questions on notice.
7	Minister for Transport & Infrastructure	The Hon. Andrew Constance MP	Letter of Thanks. Follow up on questions on notice. Received response from Minister’s office 15/5
8	Minister for Roads, Maritime & Freight	The Hon. Melinda Pavey MP	Letter of Thanks. Follow up on questions on notice.
9	Minister Agriculture, Water Security & Trade	The Hon. Niall Blair MP	Letter of Thanks. Follow up on questions on notice.
10	Minister for Crowns Lands, Gaming & Forestry	The Hon. Paul Toole MP	Letter of Thanks. Follow up on questions on notice. Receive response from Minister’s office 23/5
11	Minister for Police & Emergency Services	The Hon. Troy Grant MP	Letter of Thanks. Follow up on questions on notice.
12	Minister for Tourism & Special Events	The Hon. Adam Marshall MP	Letter of Thanks. Follow up on questions on notice.
13	Parliamentary Secretary for Southern NSW	The Hon. Bronnie Taylor MLC	Letter of thanks for assisting the JO in securing meetings and sponsoring the meetings/events at Parliament House.