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Minutes of the

Ordinary Meeting of Council

Wednesday 22 August 2018

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

5.1 Renew our Libraries. 4

5.2 Mayoral Minute - LGNSW MEMBERSHIP. 5

6. Director of Planning Reports. 5

6.1 Proposed Springdale Solar Farm.. 5

6.2 Planning Proposal - 2155 Sutton Road, Sutton. 6

6.3 Planning Proposal - Administrative/Houskeeping Amendment to the Yass Valley LEP 2013. 7

6.4 Development Application No. 135-2018 - Cattery, 1247 Nanima Road, Nanima. 7

7. Director of Engineering Reports. 8

7.1 Kerbside Collection - Yass River Road & Triggs Close. 8

7.2 Design and Construction of 2.15 ML Reservoir at Murrumbateman. 8

7.3 Pool Lane Hire Fees. 9

7.4 Update Yass to Murrumbateman Water Transfer System Project - Land Acquisition. 9

7.5 Update on Trial Mid-Block Pedestrian Refuge on Comur Street Yass. 10

8. Director of Finance & Corporate Reports. 11

8.1 Draft 2017/18 Financial Statements. 11

8.2 Investment and Borrowings Report. 11

8.3 Revotes from 2017/18 to 2018/19. 11

8.4 Capital Works Report 30 June 2018. 12

8.5 Rate Arrears. 12

8.6 Pre-payment of Financial Assistance Grants. 12

8.7 Enforcement of Licence Conditions of the Indoor Sports Stadium.. 13

9. General Manager Reports. 13

10. Notice of Motion. 13

10.1 Renewable Energy Grant Program.. 13

11. Questions with Notice. 14

12. Minutes and Recommendations of Council Committees. 14

12.1 Minutes of the Coppabella Wind Farm Community Consultative Committee held on 19 June 2018 14

12.2 Minutes of the Public Arts Committee held on 26 July 2018. 14

12.3 Minutes of the Economic Development Committee held on 7th August 2018. 14

13. Confidential Matters. 15

13.1 Design and Construction of 2.15 ML Reservoir at Murrumbateman. 15

13.2 Yass to Murrumbateman Water Transfer System Project - Land Acquisition. 16

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Item 6.1 Proposed Springdale Solar Farm
Andy Hardwicke
Diane Burgess
Peter Gillett

· Item 6.2 Planning Proposal – 2155 Sutton Road, Sutton

Paul Keir

· Item 6.4 Development Application No 135-2018 – Cattery, 1247 Nanima Road, Nanima

Fergus McFarlane
Dugal McFarlane
Thomas Holmes
Kate Germyn
Dendi Montagne

· Item 8.7 Enforcement of Licence Conditions of the Indoor Sports Stadium

Anthony Vitler

Council Meeting - The Mayor declared the meeting open at 5.03 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 Acting General Manager – Sharon Hutch, Acting Director of Planning – Liz Makin, Director of Engineering – Stan Robb, Acting Director of Finance & Corporate – Tanya Rattenbury and Corporate Planning & Executive Support Officer – Shirree Garland.

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Harker declared a significant, pecuniary conflict of interest in Kerbside Collection – Yass River Road and Triggs Close and stated that she believed her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as family reside in the area indicated..

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Update Yass to Murrumbateman Water Transfer System Project – Land Acquisition and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as the pipeline will travel through a family members land.

Councillor Harker declared a significant, non-pecuniary conflict of interest in Enforcement of Licence Conditions of the Indoor Sports Stadium and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as her daughters attend Yass Gymnastics.

Councillor McManus declared a non-significant, non-pecuniary conflict of interest in the Proposed Springdale Solar Farm and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is employed by Transgrid.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 25 July 2018 covered by page numbers 3-20 inclusive and resolution numbers 79-104 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Furry/Reid) 159

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

AGAINST: Nil

5. Mayoral Minute

5.1 Renew our Libraries

SUMMARY

To provide an overview of the Renew our Libraries initiative, and request that Council make representations to relevant NSW Ministers to request additional state funding for public library services.

RESOLVED:

1. That Council endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2. That Council make representation to the local State Member Hon Pru Goward in relation to the need for additional funding from the NSW State Government for the provision of public library services.

3. That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for the provision of a significant increase in State funding for NSW public libraries, supported by a sustainable future funding model.

(Abbey/Burgess) 160

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

AGAINST: Nil

5.2 Mayoral Minute - LGNSW MEMBERSHIP

SUMMARY

Council, through the CRJO, has been considering the value provided through the LGNSW Membership. While LGNSW has presented its value proposition, Council is yet to determine the real value of the services it deems necessary. In the interim, it is recommended to maintain membership to ensure continuing levels of service are provided.

RESOLVED that Council maintain membership of LGNSW for the 2018/19 year.

(Abbey/Turner) 161

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

6.1 Proposed Springdale Solar Farm

SUMMARY

Presenting a report on the proposed Springdale Solar Farm. The proposal is State Significant Development and the Planning Assessment Commission is the Consent Authority. Key issues for Yass Valley relate to road infrastructure, the community enhancement fund and ensuring issues raised by local residents are properly assessed as part of the process.

RESOLVED that a submission be made to the Department of Planning & Environment on the proposed Springdale Solar Farm on the following grounds:

1. The location is inconsistent with the Yass Valley Settlement Strategy and likely to negatively impact on the visual amenity of the area.

2. Locating the development within the proposed RU6 transition zone undermines the intended objectives to protect the open rural landscape and environmental values of the area.

3. The visual assessment is be revised to include all affected dwellings within 2 km of the site.

4. Project is to demonstrate how it positively contributes to the habitat connectivity outcomes of the Greater Gooroyaroo project.

5. The Department of Planning & Environment be requested to hold a public hearing locally as part of the assessment process.

6. If approved, all road work and upgrades are required to be consistent with Council’s Roads Standards Policy.

7. If approved, a fund is to be established in accordance with Council’s Community Enhancement Fund Policy based on 1% of the capital cost for the project.

8. If approved, the proposed 2.2 metre high security fence is to be located inside the 20 metre wide landscape strip rather than on the boundary to Tallagandra Lane and Tintinhull Road.

9. If approved, the project is to be commenced within 5 years of a Consent being issued and completed within 5 years of commencement.

10. If approved, any landscaping plan is to incorporate species which are endemic to the local area.

11. If approved, alternative waste disposal arrangements are to be made for construction waste.

(Jones/Frost) 162

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

AGAINST: Councillors N Furry and M McManus

FORESHADOWED MOTION - LAPSED

That a submission be made to the Department of Planning & Environment on the proposed Springdale Solar Farm in relation to:

· Road requirements

· Community Enhancement Fund

· Community consultation

· Visual impact assessment

· Opportunity to contribute to habitat connectivity

(McManus/Furry)

6.2 Planning Proposal - 2155 Sutton Road, Sutton

SUMMARY

Presenting a report on a draft Planning Proposal seeking an amendment to the Yass Valley LEP 2013 for 2155 Sutton Road, Sutton. It is recommended that the proposal be submitted for a Gateway Determination.

RESOLVED that the Planning Proposal for 2155 Sutton Road, Sutton (PP-2018-02) be endorsed and forwarded to the Minister to request a Gateway Determination pursuant to s3.34 of the Environmental Planning & Assessment Act 1979.

(Jones/Burgess) 163

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

AGAINST: Nil

6.3 Planning Proposal - Administrative/Houskeeping Amendment to the Yass Valley LEP 2013

SUMMARY

Presenting a report for a draft Planning Proposal to make administrative amendments to the Yass Valley LEP 2013. It is recommended that the proposal be submitted for a Gateway Determination.

RESOLVED:

1. That the Planning Proposal (PP-2018-01) for administrative/housekeeping amendments be endorsed and forwarded to the Minister for Planning to request a Gateway Determination pursuant to s3.34 of the Environmental Planning & Assessment Act 1979.

2. That the Planning Proposal be adopted if no significant objections are received after the public exhibition of the Planning Proposal pursuant to the conditions of a Gateway Determination in accordance with s.3.34(2)(c) of the Environmental Planning & Assessment Act 1979.

(Jones/Burgess) 164

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

AGAINST: Nil

6.4 Development Application No. 135-2018 - Cattery, 1247 Nanima Road, Nanima

SUMMARY

Presenting the assessment of Development Application No. 135-2018 for a cattery and dwelling/storage shed at 1247 Nanima Road, Nanima. The application attracted five submissions.

RESOLVED that Development Consent is issued for Development Application No. 135-2018 for a cattery and dwelling/storage shed at 1247 Nanima Road, Nanima.

(McManus/Furry) 165

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

AGAINST: Councillors G Frost and J Jones

7. Director of Engineering Reports

At 05:52 pm Councillor Harker left the Chambers.

7.1 Kerbside Collection - Yass River Road & Triggs Close

SUMMARY

For Council to consider extending kerbside waste collections past Walgrove Estate to the section Yass River Road up to and including Triggs close.

RESOLVED that a kerbside waste collection be introduced to residents along Yass River Road up to and including Triggs Close.

(McManus/Frost) 166

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

AGAINST: Nil

MOTION

1. That kerbside waste collection not be introduced to residents along Yass River road up to and including Triggs Close at this time

2. That council follow up with the responses not received and that a further report covering these responses be provided to the September meeting of Council.

(Furry/

MOTION WITHDRAWN

At 06:00 pm Councillor Harker returned to the Chambers.

7.2 Design and Construction of 2.15 ML Reservoir at Murrumbateman

SUMMARY

This report provides advice on the submission of tenders for the Design and Construction (D&C) of a 2.15 ML Reservoir at Murrumbateman in association with the Yass to Murrumbateman Water Transfer Project.

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

(Turner/Reid) 167

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 Pool Lane Hire Fees

SUMMARY

Yass Pool has not previously had a per hour lane hire fee. The fees have been set as a seasonal lump sum amount payable by commercial businesses and swim clubs at the Yass pool. The introduction of a lane hire fee gives more flexibility to potential pool users.

RESOLVED that .

1. Council replace the 2018/2019 seasonal lane hire fees with a commercial lane hire fee of $20 per lane per hour at the Yass Pool.

2. That a commercial lane hire fee for Binalong Pool be set at $6.00 per hour per lane.

3. Not-For-Profit hire fees to be set at $1 per person per day.

4. That the proposed fees be placed on public exhibition.

4. If no significant objections are received the fees be adopted into Council’s 2018/2019 Fees & Charges.

(Frost/McManus) 168

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 Update Yass to Murrumbateman Water Transfer System Project - Land Acquisition

SUMMARY

This report provides an update required by Council Resolution 117/2018 on the progress of land acquisition in the Yass to Murrumbateman Water Transfer System Project.

RESOLVED that this item of the Director of Engineering Report be classified as Confidential in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

(Turner/Reid) 169

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

AGAINST: Nil

7.5 Update on Trial Mid-Block Pedestrian Refuge on Comur Street Yass

SUMMARY

Council has undertaken a trial of a mid-block refuge on Comur Street between Meehan and Lead Streets.

Community feedback, business and usage surveys indicates that the trial refuge is not supported.

RESOLVED:

1. That Council not proceed with mid-block pedestrian refuges on Comur Street Yass.

2. That the trial temporary mid-block refuge be removed and original parking arrangements be re-instated.

3. That Council continue to pursue alternate options for improving crossings on Comur Street.

(Furry/Burgess) 170

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

AGAINST: Nil

FORESHADOWED MOTION – LAPSED

1. That Council notes the current community feedback on the trial pedestrian refuge.

2. That the trial and public consultation period for the existing trial pedestrian refuge in Comur Street between Meehan Street and Rossi Street be extended until 26 October 2018.

3. That minor works, as determined by the Director of Engineering, be undertaken to improve the visibility of the trial pedestrian refuge under existing maintenance budgets.

4. That a further report on the outcomes of this extended period of consultation to be presented at the November 2018 Ordinary Meeting of Council.

(Jones/

RESOLVED that the Business Chamber and community be thanked for their input on the main street pedestrian refuge trial.

(Jones/Reid) 171

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

AGAINST: R Abbey

8. Director of Finance & Corporate Reports

8.1 Draft 2017/18 Financial Statements

SUMMARY

In accordance with Section 413 of the Local Government Act (1993), approval is sought to refer the Draft 2017/18 Annual Financial Statements to Council’s external auditor.

RESOLVED that Draft 2017/18 Annual Financial Statements be referred to audit and the Statement of Councillors and Management be signed in accordance with Section 413 (1), (2) and (3) of the Local Government Act 1993.

(Turner/Furry) 172

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

AGAINST: Nil

8.2 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 31 July 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 31 July 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.

(Turner/Furry) 173

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 Revotes from 2017/18 to 2018/19

SUMMARY

To submit proposed revotes and project costs to be carried forward from 2017/18 to the new financial year 2018/19.

RESOLVED that Council revotes the budgets detailed in Attachment A from 2017/18 to 2018/19.

(Turner/Furry) 174

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 Capital Works Report 30 June 2018

SUMMARY

This report represents the Capital Works completed for the period ending 30 June 2018.

RESOLVED that Capital Works Report be noted.

(Frost/Furry) 175

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

AGAINST: Nil

8.5 Rate Arrears

SUMMARY

To update Council on rate arrears to the end of the final quarter of the 2017/18 financial year.

Rate arrears totalled $624,651.42 as at 30 June 2017 and this has now been reduced to $154,642.36 as of 30 June 2018. This represents an improvement of $470,009.06 or 75%.

RESOLVED that the information be noted.

(Turner/Furry) 176

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

AGAINST: Nil

8.6 Pre-payment of Financial Assistance Grants

SUMMARY

Council to consider the impact of the accounting treatment of the pre-payment of Financial Assistance Grant instalments and the consequences of audit qualification against financial reporting that eliminates the distortion created by the early payment.

RESOLVED that .

1. Financial Assistance Grants received by Yass Valley Council be expended only in the year for which they are allocated.

2. Any prepaid Financial Assistance Grant received by Yass Valley Council be accrued to the year in which they are allocated.

(Frost/Turner) 177

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

AGAINST: Councillors A Harker and J Jones

At 06:35 pm Councillor Harker left the Chambers.

8.7 Enforcement of Licence Conditions of the Indoor Sports Stadium

SUMMARY

To provide Council with an update on compliance with licence conditions by Yass Gymnastics for the Indoor Sports Stadium.

RESOLVED:

1. That Council enforce termination of the licence agreement between Yass Gymnastics and Yass Valley Council for non-compliance with Item 16 of that licence agreement and provide three months’ notice of the termination.

2. That prior to leasing of the Drill Hall a detailed asbestos report be prepared and made available to any prospective tenant.

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

4. The roof of the drill hall be repaired under insurance, conditional upon Part 2 and 3.

(Furry/Jones) 178

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

AGAINST: Councillor G Frost

At 06:54 pm Councillor Harker returned to the Chambers.

9. General Manager Reports

Nil

10. Notice of Motion

10.1 Renewable Energy Grant Program

Councillor Jasmin Jones gave notice that she would move a motion in relation to creation of a renewable energy grant program.

RESOLVED that:

1. Council call for a report on creating a renewable energy grant program to support our community organisations become more financially and environmentally sustainable.

2. A workshop with Councillors following to agree upon a matrix of eligibility criteria.

(Jones/Furry) 179

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

AGAINST: Councillor G Frost

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Coppabella Wind Farm Community Consultative Committee held on 19 June 2018

RESOLVED that the minutes of the Coppabella Wind Farm Community Consultative Committee held on 19 June 2018 be noted.

(Frost/Turner) 180

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

AGAINST: Cr M McManus

12.2 Minutes of the Public Arts Committee held on 26 July 2018

RESOLVED:

1. That the minutes of the Public Arts Committee meeting held on 26 July 2018 be noted.

2. That $25,000 annually for the acquisition of public arts works be considered as part of the 2019/20 Budget development process including financial impact and responsibility structure.

(Jones/Furry) 181

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

AGAINST: Nil

12.3 Minutes of the Economic Development Committee held on 7th August 2018

RESOLVED:

1. That Council receive the draft Committee Minutes of the Economic Development Committee meeting held on August 7^th 2018.

2. That Council refer the Draft International Relationships Policy and the Draft Land Disposal and Acquisition Policy back to staff for a further report to Council that considers the operational impact of the draft policies.

(McManus/Furry) 182

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

AGAINST: Nil

13. Confidential Matters

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

13.1 Design and Construction of 2.15 ML Reservoir at Murrumbateman

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

13.2 Yass to Murrumbateman Water Transfer System Project - Land Acquisition

Item 13.2 is confidential in accordance with section s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Turner/Furry) 183

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 7.20 pm.

13.1 Design and Construction of 2.15 ML Reservoir at Murrumbateman

SUMMARY

This report provides advice on the submission of tenders for the Design and Construction (D&C) 2.15 ML Reservoir at Murrumbateman for Yass to Murrumbateman Water Transfer Project.

RESOLVED that the tender submitted by Precision Civil Infrastructure Pty Ltd be accepted for Design & Construction of a 2.15ML Reservoir at Murrumbateman ( Contract No : 10014871) at a total cost of $1,652,710.84 (GST inclusive) in accordance with tender documentation, addendum and tender submission.

(Frost/Burgess) 184

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

AGAINST: Nil

13.2 Yass to Murrumbateman Water Transfer System Project - Land Acquisition

SUMMARY

This report provides an update required by Council Resolution 117/2018 on the progress of land acquisition in the Yass to Murrumbateman Water Transfer System Project.

RESOLVED that Council:

1. Note the information.

2. Continue to negotiate with land owners for land owner agreements.

3. Commence compulsory land acquisition under the Land Acquisition (Just Terms of Compensation) Act 1991 for all agreements not signed by 15 September 2018.

(Turner/Reid) 185

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 7.21 pm.

RESOLVED that the resolutions in Closed Council be adopted.

(McManus/Reid) 186

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 7.22 pm.

………………………………………
Mayor

Ordinary Council Meeting 26 September 2018

6.1 Planning Proposal - 2090 Sutton Road, Sutton

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to the Yass Valley LEP 2013 for 2090 Sutton Road, Sutton. This is the second Planning Proposal to rezone land in Sutton. It is recommended that the proposal be submitted for a Gateway Determination.

RECOMMENDATION

That the Planning Proposal for 2090 Sutton Road (PP-2018-04) be endorsed and forwarded to the Minister to request a Gateway Determination pursuant to s3.34 Environmental Planning & Assessment Act 1979

Financial IMPLICATIONS

Resources for planning proposal assessment are provided for in the current Operational Plan.

POlicy & Legislation

· Environmental Planning & Assessment Act 1979

· Biodiversity Conservation Act 2016

· Environment Protection & Biodiversity Conservation Act 1999

· South East and Tablelands Regional Plan

· Yass Valley Local Environmental Plan 2013 (Yass Valley LEP 2013)

· Yass Valley Settlement Strategy (2017)

· Sutton Masterplan (2017)

REPORT

1. Introduction

The Sutton Masterplan was adopted by Council at its December 2017 meeting, and set a framework for the consideration of future development surrounding the village given the number of enquiries from various landowners. The Masterplan identified land that would be considered for rezoning together with suggested zones. It also reinforced a minimum lot size of 5,000m² for new areas given reticulated sewerage is not provided, nor planned to be by Council.

The spatial map of the Masterplan is shown in Attachment A.

2. Planning Proposal

A draft Planning Proposal has been lodged requesting an amendment to the Yass Valley LEP 2013 – specifically the zoning and minimum lot size on the subject land.

The subject land is Lot 5 DP 838497 having an area of 183ha and located to the immediate southeast of Sutton Village. The site is bounded by Guise Street, Sutton Road, Federal Highway, Old Federal Highway and the Yass River. The present use of the land is agricultural, predominantly grazing, with some areas of cropping. There is some remnant White Box-Yellow Box- Blakely’s Red Gum Woodland remaining on the site, although the understorey has been modified due to past agricultural use of the site.

Existing surrounding uses include Tulip Top Gardens (commercial nursery and garden with limited operation) to the southeast of the site, agricultural land to the east and west, and Sutton Primary School, Crown Land and some residential uses to the north.

The site is currently zoned RU1 Primary Production, with a minimum lot size of 40ha, and the draft Planning Proposal incorporates the following changes:

· Amending the land use zones to part RU5 Village, part R5 Large Lot Residential and part E3 Environmental Management

· Amending the minimum lot size standards to 5,000m² (for the RU5 Large Lot Residential and R5 Village zones) and 20 ha and 40 ha (for the E3 Environmental Management zone)

Similar to the additional site specific provisions for the recent re-zonings in Gundaroo, the ability to reduce the minimum lot size down to 2,000m² has been requested in the event that reticulated water and sewer becomes available. Based on the zones and lot sizes requested, there is a potential yield of approximately 75 lots.

It is noted that the area proposed for R5 Village does not propose to achieve a maximum yield based on the minimum lot size. Rather it proposes a layout with a range of lot sizes, with the minimum being 5,000m² and an overall average of 1.5ha. The larger lots would accommodate the retention of some scattered paddock trees, rocky outcrops, and required buffers to drainage lines and Yass River. Indicative building envelopes have been proposed, and should the proposal progress to a development application, there should be a requirement that building envelopes are registered on title, and further subdivision is prohibited (unless reticulated water and sewer becomes available).

These proposed amendments and concept plan are detailed in Attachment B.

2.1 Ecological Values

A significant level of ecological investigation has occurred on the subject site, and the proposed zone boundaries and indicative development concept has been modified on a number of occasions in response to their findings and recommendations. Since some of the original investigations were undertaken, the Biodiversity Act 2016 has been introduced, which had substantial implications for how this site could be developed. A further report was prepared which considered biodiversity credits, credit shortfalls, offset options and determined the likelihood of serious and irreversible impacts under the new Biodiversity Conservation Act 2016 and the Commonwealth Environment Protection & Biodiversity Conservation Act 1999.

The draft Planning Proposal has sought to incorporate the bulk of moderate, high and very high quality vegetation in stewardship sites, which will have stewardship agreements entered into requiring future owners to undertake specified management of the land in perpetuity and monitor and report management/conservation outcomes. The assessment indicates that the development of the land would likely result in a deficit of species credits for the breeding habitat of the Superb Parrot, however will result in credits for the vegetation on site, including the Silky Swainson-Pea. The assessment of any credits would need to be further refined and confirmed through the development assessment process.

Consideration must also be given to whether the development is likely to lead to serious and irreversible impacts which may lead to a threatened species or ecological community becoming extinct. The site contains White Box-Yellow Box- Blakely’s Red Gum Woodland – which is an endangered ecological community. The assessment has concluded that through the use of stewardship sites, and sensitive site planning the potential impacts can be mitigated. It is also noted that at this time, there are no clearing thresholds listed in the Biodiversity Conservation Regulation 2017, and should one be introduced which the proposed development exceeded – any development application would either need to be redesigned or refused.

Referral of any future Development Application may require referral under the Environment Protection & Biodiversity Conservation Act 1999 in relation to Box Gum Woodland and Superb Parrot habitat on the site.

The landowners have worked closely over the past two years with both Council staff and the Office of Environment & Heritage in relation to planning - particularly to accommodate and conserve the biodiversity values of the site.

2.2 Other Supporting Studies

Bushfire Analysis

The subject site is not indicated as being bushfire prone on the current Rural Fire Service (RFS) map for Yass Valley. Council staff are aware that new mapping has been drafted which will include grasslands. The Proponent commissioned this assessment upfront in anticipation and to incorporate into the draft Planning Proposal. The key consideration for this development is that any required Asset Protection Zones (APZs) will not impact on higher value vegetation. The report indicates that for the larger lots, proposed roads and fire trails would be able accommodate the majority of APZs. The APZs for smaller RU5 Village and R5 Large Lot Residential lots would need to be confirmed once the exact locations of building envelopes are known, however need to be determined with the implications of the Biodiversity Act 2016 in mind.

Aboriginal Cultural Heritage

The Aboriginal Due Diligence undertaken revealed a recorded site on the southern boundary which has been significantly disturbed through previous road construction (most likely Federal Highway). As this site is within the area proposed to retain a 40ha minimum lot size, this area can be easily avoided until such time as the record is removed from the database.

The assessment identified the potential for sub surface Aboriginal objects within 200m of the Yass River along the eastern boundary. Further archaeological investigation should be undertaken in this area if the proposal progress to the Development Application stage.

A European Heritage Assessment was also undertaken, and there were no sites/values identified.

Traffic Impact Assessment

As any eventual yield or layout is unknown, the assessment largely considers existing base conditions, and estimates traffic generation. No direct access is proposed from the Federal Highway, limited access from the Old Federal Highway to any future lots on the eastern portion of the site, and the primary access roads into the site proposed from Sutton Road and Guise Street. The number of lots which may enter/exit from Guise Street would be a significant increase from the current traffic levels, and road upgrades would be necessary. It is also likely that traffic calming measures would be required for informal parking associated with the adjacent school. In the event that this proposal progresses, consultation with the Road & Maritime Service (RMS) will be required to ascertain their requirements for Sutton Road.

Site Contamination Investigation

A preliminary investigation was undertaken which identified a number of locations across the site. As the land has been held within the same family’s ownership for generations, the land use history is clearer than usual. The report identifies areas associated with storage of agricultural equipment, a former camp/septic tank, tyre storage, telegraph poles as well as possible contamination from the adjacent Federal Highway/Sutton Road. The report states that the land is considered to be low risk, should not limit the residential use of the site, but further sampling would be required to confirm.

Land Capability Assessment

The report was prepared on the basis of the previous development concepts, but nevertheless, sets out areas of rock outcropping/shallow soil, active erosion gullies, drainage and riparian buffers. The report confirms that the majority of these identified constraints, would be included within the proposed E3 Environmental Management Zone. In the areas outside the proposed E3 Environmental Management, some lots would need to be larger to accommodate these constraints, and hence why lot averaging is proposed within the R5 Village area. While much of the assessment considers suitability for effluent disposal, it does also make recommendations in relation to the Yass River which abuts the eastern boundary. It is suggested that any Development Consent should incorporate a Riparian Landscape Management Plan.

3. Strategic Planning Assessment

The proposal is generally consistent with the Sutton Masterplan, with the variations being due to the additional technical and ecological work undertaken.

The departures include a larger area of RU5 Village than that shown on the Masterplan to allow for a wider variety of uses – at the intersection, and extending opposite Sutton School to further consolidate the village on the least constrained land, and provide for uses which are unable to be located elsewhere in the village core due to lack of land.

The large section of land along the southern boundary abutting the Federal Highway, is proposed to be zoned E3 Environmental Management, with a minimum lot size of 40ha, as per the Masterplan.

The balance of the site was flagged in the Masterplan for potential rezoning to E4 Environmental Living, with a minimum lot size of 2.5ha (with the ability to go as low as 4,000m² in a community title arrangement under the current LEP provisions).

Further ecological assessment was undertaken, particularly in light of the Biodiversity Conservation Act 2016. As a result, the approach to managing the ecological values was reassessed, and the consideration of stewardship sites with a minimum lot size of 20ha over the moderate, high and very high condition vegetation. Areas of lower condition, have been proposed to be included within an R5 Large Lot Residential Zone – and lots averaging 1.5ha in area could be achieved. R5 Large Lot Residential was chosen as opposed to R2 Low Density Residential in this case, to reflect the main objective of R5 Large Lot Residential zone ie to provide residential housing in a rural setting while preserving, and minimising impacts on environmentally sensitive locations and scenic quality. As a further protection to the values and constraints of the site, variations to development standards (i.e. creation of lots below the minimum lot size) are not able to be considered in an R5 Village zone.

It should also be noted that approximate lot yield for this site based on the adopted Sutton Masterplan was in the order of 71 lots, whereas the draft planning proposal as submitted could generate up to 75 lots, which is considered appropriate, particularly as there would be a significant reduction in the number of lots containing the higher quality vegetation.

It is recognised that the R5 Village minimum lot size of 5,000m², differs to that of the existing R5 Village area in Sutton, however it has only been considered on the basis that the land is currently in single ownership, could achieve an average of 1.5ha, and restrictions will be required on title in relation to further subdivision and building envelopes should it progress.

Accordingly it is recommended that the draft Planning Proposal be endorsed for submission to the Minister for Planning for a Gateway Determination.

Strategic Direction

Key Pillar 1. Our Environment

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

Delivery Program Action EN4.1 - Ensure Council's statutory planning instruments are up to date and reflective of the community needs

Operational Plan Activity EN4.1.1 – Undertake ongoing strategic land use planning and reviews of existing instruments

ATTACHMENTS: a. Sutton Masterplan Map ⇩

b. Proposed LEP Amendments and Concept Plan ⇩

6.2 Provision of Electricity & Telecommunication Policy

Attachment a Revised Provision of Electricity & Telecommunications Policy

Policy:

PROVISION OF ELECTRICITY SUPPLY & TELECOMMUNICATIONS SERVICE FOR SUBDIVISIONS

DA-POL-17

Service: Development Control

Responsible Officer: Manager Development Control

1. OBJECTIVE

The objectives of this policy are to outline the satisfactory standards for the provision of electricity and telecommunications for subdivisions.

2. DEFINITIONS

Electricity Supply:

Means the supply of electrical energy sufficient to cater for the needs of a single dwelling house and associated infrastructure. This includes grid electricity supply, but also other devices or infrastructure that convert another form of energy to electrical energy.

Telecommunications Service:

Means the service connection to a communications network with voice and data capability.

Fibre-ready facility:

Has the meaning given in s372W Telecommunications Act 1997. Generally, a fibre-ready facility is:

(i) For a subdivision - passive infrastructure such as underground ducting or ‘pit and pipe’ or poles that is designed and installed close enough to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots, noting that such cabling has special deployment requirements In most instances passive infrastructure installed will be underground infrastructure such as pit and pipe. In areas where it is not reasonably practical to install underground infrastructure, above ground infrastructure (such as poles or conduit) that will support the ready deployment of fibre may be installed, where the consent authority permits.

(ii) For an individual premises – as for a subdivision, and also includes ducting from the street pit to the proposed location at the premises of the network termination device.

3. RURAL SUBDIVISION

This part applies to subdivision on land in the following zones:

· RU1 Primary Production

· RU2 Rural Landscape

· RU4 Primary Production Small Lots

· E3 Environmental Management

· E4 Environmental Living

3.1. Electricity

All rural subdivisions are required to provide a satisfactory standard of electricity supply. The following options (or combination of) are acceptable to satisfy this requirement:

· A Notice of Arrangement (NOA) from Essential Energy stating that arrangements for electricity supply have been provided to each lot within the subdivision.

· Where an existing electricity supply is connected to a lot within the subdivision, a copy of a current invoice for the supply to that lot.

· Where an alternative electricity supply is proposed, a restriction to user on the title is to be created which states that the lot burdened may not be connected to grid electricity supply.

3.2. Telecommunications

All rural subdivisions are required to provide a satisfactory standard of telecommunications service. The following options (or combination of) are acceptable to satisfy this requirement:

· A letter from a carrier stating that suitable arrangements for fixed-line telecommunication service have been provided to each lot within the subdivision.

· Where an existing telecommunications service is connected to a lot within the subdivision, a copy of a current invoice for the supply of service to that lot.

· Satisfactory evidence that a voice and data telecommunication service is available to each lot within the subdivision through a wireless or satellite connection. The minimum standard acceptable for voice and data telecommunication service is 4G or 5G wireless mobile or NBN wireless or NBN satellite.

4. URBAN AND RURAL-RESIDENTIAL SUBDIVISION

This part applies to subdivision on land in the following zones:

· R1 General Residential

· R2 Low Density Residential

· R3 Medium Density Residential

· R5 Large Lot Residential

· RU5 Village

· B1 Neighbourhood Centre

· B2 Local Centre

· B5 Business Development

· B6 Enterprise Corridor

4.1. Electricity

All urban and rural-residential are required to provide a satisfactory standard of electricity supply. To satisfy this requirement, a Notice of Arrangement (NOA) from Essential Energy must be obtained and provided.

4.2. Telecommunications

All urban and rural-residential subdivisions are required to provide fibre-ready telecommunications facilities and fixed-line telecommunications infrastructure to each lot within the subdivision. To satisfy this requirement, a Certificate of Practical Completion (or evidence as relevant to the development) from a carrier must be obtained and provided stating that arrangements for fibre-ready telecommunications facilities and fixed-line telecommunications infrastructure have been provided to each lot within the subdivision and that they are fit for purpose.

Note: NSW Planning Circular PS 17-005 provides certain exemptions to this requirement, consistent with Commonwealth law.

5. BONDING FOR ELECTRICITY SUPPLY AND TELECOMMUNCATIONS SERVICE WORKS

The satisfactory provision of electricity and telecommunications in accordance with this policy must be made prior to the issue of a Subdivision Certificate. Bonds will not be accepted in lieu of completing works.

6. REFERENCE DOCUMENTS/LEGISLATION

Previously known as Provision of Power Supply and Telephone Services in Rural Subdivision DA-POL-17

Telecommunications Act 1997

Yass Valley Local Environmental Plan 2013

NSW Planning Circular PS 17-005 – Conditions of consent for fibre ready facilities and telecommunications infrastructure November 2017

HISTORY

Minute No.	Date of Issue	Action	Author	Checked By
	13 April 2011	Written	Paul De Szell
124	27 April 2011	Exhibited
347	14 September 2011	Adopted
	26 September 2018	Revised	Chris Berry	Council

Ordinary Council Meeting 26 September 2018

7.8 Kerbside Recycables Processing Agreement

SUMMARY

To provide Council with information on a kerbside co-mingled recyclables processing proposal, which incorporates a refund sharing arrangement on eligible kerbside Containers through the ACT Container Deposit Scheme (CDS) with Re.Group Pty Ltd, Hume ACT Material Recycling Facility (MRF).

RECOMMENDATION

1. That Council adopt Option 1 of the proposed Re.Group Pty Ltd Recyclables Processing Agreement, Value Share Mechanism based on equal 50:50 partnership noting the Agreement being in place until 31 January 2022.

2. That the Acting General Manager be authorised to sign the Recyclables Processing Agreement.

Financial IMPLICATIONS

The 2018/19 Waste budget increased to cover additional costs of recycling due to the fall in recyclable commodity sales and pricing due to the ‘China Sword’ policy. There is sufficient funds in this year’s budget to cover charges in Option 1 of the Re.Group Recyclables Processing Agreement. However Council will need to monitor and review costs so that either any changes up or downward trends will be considered when setting the 2018/2019 budget.

POlicy & Legislation

Waste Avoidance and Resource Recovery Act 2011.

Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017

REPORT

Historically Council has paid to dispose of all kerbside co-mingled recycling at the nearest MRF located in Hume ACT. Arrangements with the ACT Material Recovery Facility (MRF) operator allowed for recycling to be disposed of at the MRF; with the operators charging a gate-fee and retaining recycling streams to on-selling sorted product, mainly to the china market. MRF operators retained any profits from the sale of materials under that arrangement.

With the introduction of the Container Deposit Scheme (CDS) in NSW starting 1 December 2017, and subsequently in the ACT from 1 July 2018, ACT No Waste, being the regulatory authority for the ACT CDS, acknowledged that the three surrounding NSW Councils who currently deliver recycling to the Hume MRF, would be eligible for a CDS refund sharing arrangement through the ACT scheme.

The ability for the three neighboring NSW Councils to dispose of eligible containers into the ACT CDS scheme was largely due to prior long-standing arrangements associated with those councils comingled recycling at the Hume MRF.

Council has been advised that its current arrangements for the disposal of recycled materials ceases on 30 September 2018.

1. Changes to the Recycling Industry in NSW

Until recently, China was a large importer of recyclable materials with Australia alone sent 1.25 million tonnes of recycled materials to China in 2016-2017. This has now impacted by China’s ‘National Sword’ policy and at the start of January 2017 China began to stringently enforced restrictions on the importation of recycled materials under that policy. This has impacted the global market for recyclable materials causing a reduction in commodity pricing and a significant increase to the MRF gate-fee to offset operating costs and loss of income on the disposal of recyclable products.

Currently recycling commodity prices are at an all-time low and it is unknown whether commodity prices will fall further or remain stable in the future. From April 2018, there has been an increase in the Hume MRF’s gate-fee charged to Council of $58.46 (bringing the current gate-fee charged to $141.96 per tonne).

2. Value Share Mechanism Proposed by Re.Group’s Hume MRF

Re-Group commenced operations at the Hume MRF in February 2016 and has continued to process Council’s comingled recyclables based on casual ‘spot rate’ agreements.

The purpose of the new proposal is to move to a more formal agreement; which provides Council ongoing certainty of access to this essential community service. The proposal also sets out the ‘Value Share Arrangement’ (VSA) to provide Council what is seen as a fair return for the value of eligible beverage containers that Re.Group may itself be able to redeem via the ACT Government’s CDS MRF Audit Protocol.

Option 1 of the VSA is based on agreeing a total revenue target with Council (based on gate-fee revenue and product sales) and then sharing on an equal (50:50) basis any changes to the Baseline Revenue target on changes in the value of commodities are calculated.

The following table is based on:

· 829t of kerbside comingled feedstock from Council, which is an annualised calculation based on actual tonnage from 1 July 2017 to 30 December 2017.

· Gate-fee of $95.41p/t annual cost total of $79,094, adjusted annually for CPI at 2%.

· Product sales values in accordance with actuals from June 2017 to January 20718 annualized at $80,411.00 per year.

· The Re.Group Recyclables Processing Agreement from commencement until 31 January 2022.

3. Summary of Options Proposed

	Option 1	Option 2	Option 3	Option 4	Option 5
Council share of CDS Refunds	50%	50%	50%	90%	None (no agreement)
Council share of Commodity Risk	50%	0%	0%	0%	0%
Council share of Volume Risk	50%	100%	0%	0%	0%
Change from Gate Fee	-$58.46	$0	$26.00	$61.80	$77.00
Gate Fee on 1 October 2018	$93.50	$151.96	$177.96	$213.76	$228.96
Forecast CDS Share to Council (Q3 2018)	$25.00¹	$38.50²	$51.00	$91.80	$0.00
Forecast Net Cost	$68.50	$113.46	$126.96	$121.96	$228.96
Comment	Value Share Mechanism proposal based on equal 50:50 partnership	50%. share of CDS, after MRF is kept whole for lost revenue	50% share of CDS, product risk reflected in MRF gate-fee	Proposal based on 90% CDS to Council	Gate-fee if MRF does not have refund sharing agreement

¹ Estimated net rebate through the Value Share Mechanism is $25/t

² Estimated impact of lost tonnages is $12.50t

4. Summary of Options

Option 1

This Scenario is a Value Share Mechanism; and based on a partnership approach, with Council and Re.Group Pty Ltd agreeing to share differences from the Baseline Revenue on a 50:50 basis.

While CDS is expected to have a net positive impact at least in the initial years of CDS, the scale of the benefit will depend on how (and when) eligible beverage containers migrate out of the kerb side stream and into the CDS Collection Point network.

The agreement contains a mechanism that allows for the transparent sharing of any change to revenue compared to baseline. It is proposed Re.Group provide Council a rebate equal to 50% of the net increase to MRF revenue, compared with projected Baseline Revenue from Council’s feedstock.

To the extent that there was a reduction in net revenue compared with baseline, Re.Group would carry the costs associated with this change for the financial year in which they occurred. At the end of the financial year, changes will be aligned with normal council budgeting programs, and adjustments to the following year’s gate-fee rate to account for the 50% of any shortfall compared to the agreed baseline. Through monthly reporting Council’s Waste department would have visibility into the trends and hence the ability to forecast for budgeting purposes.

While Re.Group is willing to share the net impact of CDS (or other rapid price changes) with Council, it is unknown exactly what the longer term impacts of CDS will be, let alone the impacts of other issues, which can create rapid price changes. It is considered this mechanism provides significant benefits particularly in the context of sharing the effects of CDS and any commodity price recovery from the current historical low levels.

It is the view that Option 1 is the best approach for Council under this Agreement.

Option 2

This scenario is based on a 50:50 share of CDS Refund Amounts, calculated on a ‘net basis’ such that the MRF is compensated for the loss of gate-fee and product revenue as CDS material migrates out of the kerb side stream. Unlike Option 1, this does not envisage sharing of broader commodity price risk.

The calculation of lost tonnage to CDS will be based on a comparison of the quarter’s tonnage to the same period in 2017/18 (where actual data is available or extrapolated by Re.Group where this data is held by Re.Group). The MRF will retain CDS revenue to the point where it is ‘made whole’ for the impact of the lost feedstock and will then share CDS revenue with Council on a 50:50 basis beyond this point.

The gate-fee is higher than Option 1, reflecting the MRF having a higher risk on commodity values. The gate-fee will remain at the levels set since April 2018, where the gate-fee increased by $58.46 to reflect a reduced value in products due to global commodity price movements.

Option 3

Option 3 is based on a 50:50 share of CDS Refund Amounts on relevant feedstock, with the gate-fee set to reflect the risk to the MRF with regard to commodity prices as well as the potential reduction in feedstock due to migration of containers into the CDS network.

The gate-fee is higher than Option 2, reflecting the MRF’s view as to the increased risk associated with lost revenue due to migration of materials out of kerbside and into CDS networks.

Option 4

This option proposed a refund of 90% of CDS revenue to the Council and the gate-fee set to reflect the MRF requirements.

The gate-fee is higher that option 3, reflecting the fact the MRF is exposed to commodity price and volume risk, and only has a small (10%) share of CDS revenue to offset impacts. The cost to Council of the higher gate-fee may be recovered via the higher proportion of CDS revenue: under this option Council is effectively taking the risk associated with container migration rates.

Option 5

Option 5 is effectively the ‘do nothing’ approach.

If there is no Refund Sharing Agreement with Council the ACT MRF will not be able to utilise the ACT MRF Protocol to claim Refund Amounts on eligible containers within the feedstock processed.

The gate-fee reflects the fact the MRF will not be able to claim any Refund Amounts via the ACT CDS MRF Audit Protocol. Council needs to be aware that, in this scenario beverage companies effectively keep the Refund Amounts on eligible containers returned through the MRF, such that CDS revenue does not help to offset the costs of providing recycling services to the community (i.e. actual impacts on Council are significantly worse than Option 4).

This is the worst possible option for Council. In assuming that option 5 will apply if there is no alternate Refund Sharing Agreement in place between Council and the ACT MRF by 30 September 2018 to make a claim for the first payment period under the ACT CDS, the additional cost to Council in continuing without an agreement will result in an increase of $5,240 per month (33.3%) on current average monthly recycling disposal cost. (av. 68 tonnes p/m).

5. Alternate Disposal Options

Council may consider alternate options. Regional NSW MRF such as Elouera Recycling at Cootamundra or Endeavor Industries at Goulburn, who run at a lesser capacity in comparison to the ACT Hume MRF; assuming both MRF’s have capacity to accept and process additional recycling. Larger NSW MRF’s are located at Wagga Wagga or within the Sydney region.

There may not be any advantage to Council in perusing alternate options due to the additional expense in both transport, distance and staff costs involved. It is estimated that transport to either Cootamundra or Goulburn MRF’s alone would increase by approximately 40% due to the additional 1 – 1 ½ hours required round trip to either Centre. The NSW MRF option may be considered non-advantageous to Council considering the Hume MRF is in reasonable travel distance from Yass.

6. Risk to Council

Do nothing and continue to negotiate

· An increase of $75.10 to $228.96 p/tonne for disposal cost and loss of CDS sharing refund if no agreement is in place for the next quarter. Re.Group require advised of acceptance of the agreement in writing by 5.00pm 30 September 2018 to qualify for the ACT CDS 1st quarter refund.

· ACT MRF may decide not to accept NSW council’s kerbside recycling and may not be open to further negotiations.

· Explore alternate options with NSW MRF’s that would involve travelling greater distances and risk these MRF’s not having capacity to process additional recycling quantities.

· Additional costs to transport comingled recycling to alternate NSW MRF’s.

· Recycling directed to landfill due to inability to process or lack of markets.

· Increased waste entering the recycling stream resulting in higher cost to dispose of the waste.

· Recycling costs greater than disposal of domestic waste at landfill.

By agreeing to option 1 as proposed by Re.Group agreement

· As the preferred option, Option 1 would depend on commodity prices, assuming the current low in commodity prices can only improve, therefore providing benefits to Council and in turn ratepayers.

· Take advantage of the Container Deposit Scheme (CDS) through the ACT Government Scheme and receive 50:50 shared refund on eligible kerbside containers.

· Certainty in disposal of recyclable material ensuring materials are not disposed to landfill.

· Compliance with the POEO Act 2011 in increasing recycling to meet increased recycling targets.

· Council’s waste service section has already implemented improved sorting processes of eligible containers throughout all transfer stations to maximise quantities of eligible containers received for transporting eligible product to the bulk CDS depot in Fyshwick for CDS refund.

Director Engineering Comment

The current gate price structure remains in place until 30 September 2018, at which time gate pricing will revert to the open gate price of $228.96 under Option 5.

The adoption of Option 1 of the proposal from Re.Group Pty Ltd under their Recyclables Processing Agreement, Value Share Mechanism provides Council with the best option for the recycling and processing of recoverable materials until 31 January 2022.

While there are some risks associated with share price and continued acceptance of the material within the ACT other options presented will require Council to significantly review its current cost recoverable structure and likely to impact adversely to the financial position of Council in the short term.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN6 - Implement safe, accessible, and efﬁcient management and recycling options for general waste, green waste, and sewage

Delivery Program Action IN6.2 - Provide an efficient and sustainable waste service

Operational Plan Activity IN6.2.1 - Operation of domestic and commercial waste collection

ATTACHMENTS: Nil

Ordinary Council Meeting 26 September 2018

7.9 Update Report - Proposed Gundaroo Sewerage Scheme

SUMMARY

Council has previously investigated the possible construction of a sewerage system in the Gundaroo village taking into account possible land divisions associated with the future expansion of the village. Following the release of the Options Study Council has received a number of comments on the proposal. This report proposes to expand the existing options Study to explore a staged construction proposal to address a number of community concerns around the current proposal.

RECOMMENDATION

That:

1. The Options Study for the proposed Gundaroo sewer scheme be upgraded to assess the feasibility of implementing a staged construction program initially focussed on the provision of a main line in Cork Street, Gundaroo extending from Faithfull Street north to the current location of the proposed treatment plant on Gundaroo Road.

2. The upgraded Options Study be presented to Council for further consideration prior to any further action being taken in regards to Council’s current ‘Safe and Secure Water Program’ application associated with the proposed Gundaroo sewer scheme.

Financial IMPLICATIONS

Costs associated with the proposed upgrading of the Options Study for the proposed Gundaroo sewer scheme are expected to be in the order of $15,000 and funded through existing operational budgets.

POlicy & Legislation

Environmental Planning & Assessment Act 1979

South East Tablelands Regional Plan

Yass Valley Settlement Strategy

Local Government Act 1993

Strategic Business Plan for Water Supply and Sewerage Services

Best-Practice Management of Water Supply and Sewerage Framework

Safe and Secure Water Program

REPORT

1. Background

In December 2016 Council resolved to scope investigations into the possible construction of a sewerage system in the Gundaroo village taking into account possible land divisions proposed associated with the future expansion of the village.

Following a report on the feasibility of the provision of such a scheme Council resolved to lodge an application for subsidy under the ‘Safe and Secure Water Program’ (the Program) in 2017.

Residents were advised of the proposal to lodge the application in January 2018.

Council formally lodged an Expression of Interest submission for a 50% subsidy for the project under the ‘Safe and Secure Water Program’ administered by Infrastructure NSW in April 2018, following which Council were advised by the Program to lodge a detailed application within 12 months providing details of:

· Community and stakeholder engagement and issues related affordability

· Effluent management content

To date Council has undertaken a community survey and received a number of additional comments on the proposal and Council’s ‘Expression of Interest’ (EOI) to the Program lodged in April 2018.

These comments have primarily revolved around:

· The affordability of the project to local property owners who are already connected to septic systems;

· The indicative project timing included in the EOI

· The lack of a ‘reticulated’ water system in the village;

· The lack of ‘flushing’ flows within the pipelines as a result of minimal use; and

· A compulsory requirement for existing property owners to connect to the scheme.

Other issues revolving around the proposed land developments to the north and south of the village have also been raised citing the proposal to construct a sewer within the village as a contributor to those concerns and opposition to the developments proceeding.

Initial feedback from the Program indicates that as Council does not appear to have wide local community support for the project its application for subsidy is unlikely to be successful in its current form.

2. Current Scheme

The current proposal for the construction of the sewer at Gundaroo is based on a village wide scheme being constructed, with connections to the two proposed developments, and local landholders being required to disconnect existing septic systems and connect to the proposed scheme.

3. Proposed Revised Scheme

To address some of the concerns of local residents as to the compulsory connection nature and cost of the proposed scheme consideration has been given to a staged approach with construction works focussed around:

· Construction of a main line in Cork Street, extending from Faithfull Street north-wards to Rosamel Street and continuing on along Gundaroo Road to the current proposed location of the treatment works.

· Connections on the main line being constructed (but capped and not connected) to properties along Cork Street where owners do not wish to connect to the system a t this point in time;

· Connections being provided to properties along Cork Street where owners do wish to connect to the system at this point in time;

· ‘Manholes’ being constructed at road junctions to allow extension to the system to be considered should and when a majority of residents in those streets agree to the extension on the line to facilitate connection to the system;

· Construction of ‘rising main’ immediately adjacent to the main line from the proposed treatment plant to a proposed ‘manhole’ at Faithfull and Cook Streets to allow treated water to be recycled through the system for the purposes of facilitating flushing of the main line;

· Construction of a self-enclosed, stage-based treatment plant that will allow expansion of the treatment plant on a needs basis as and when additional properties are connected to the main system; and

· Construction of sewer systems within the proposed developments to be undertaken by the developers at the full cost of the developer.

This approach would allow;

· Existing septic users to continue to use their systems under existing environmental controls and regulations.

· Properties to connect to the system only when the majority of landowners directly affected by the expansion of the system agree.

· Allow current development proposals to proceed on the basis that a sewer system is provided (or able to be) to the resultant lots.

· Development of a structured connection fee for residents that takes into account expansion of the system only when such applications are received and the expansion is resolved to proceed on a street-by-street basis.

· Enable Council to provide advice to future development (or re-development) of housing stock in Gundaroo on possible future connection levels to those properties.

Director engineering comment

Given the current level of community concerns regarding the proposed sewer scheme for the Gundaroo village alternatives to the current proposal are required in order for the scheme to proceed.

Consideration of a staged approach to the development a sewer scheme for the Gundaroo village would enable Council to consider construction of a scheme without financially impacting on local residents as part of the initial construction phase. Funding of the initial stage of such an approach could be provided through the proposed developments and possible State funding.

Before proceeding, further exploratory scoping of such a proposal is required to determine the feasibility of a staged approach. It is proposed to update the existing Options Study conducted by Public Works Advisory surrounding the current proposed sewer scheme in Gundaroo to assist Council in further deliberations in this matter. These initial costs are expected to be in the order of $15,000 and are to be funded through existing operational budget lines.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN6 - Implement safe, accessible, and efﬁcient management and recycling options for general waste, green waste, and sewage

Delivery Program Action IN6.1 - Provide and operate a quality sewer network. Cater for growth and quality enhancements that address the community needs

Operational Plan Activity IN6.1.1 - Opportunities for expansion and enhancement of the sewerage network are explored

ATTACHMENTS: Nil

8.5 GOV-POL-7 Draft Complaints Policy

Attachment a GOV-POL-7 Draft Complaints Policy

Policy: COMPLAINTS GOV-POL-7

Service: Governance

Responsible Officer: General Manager

1. OBJECTIVE

To provide guidance on the management of complaints that facilitates a consistent, fair and equitable process for resolution.

2. DEFINITION
2.1 Standard Complaint

This Policy applies to complaints covered by the following definition.

A complaint is generally an expression of dissatisfaction with Council’s policies quality of service or follow up communication. It includes dissatisfaction with the outcome of a decision, level or quality of service, the failure to adhere to a policy or the behaviour of an employee or agent that can be acted upon.

2.2 Formal Complaint

Complaints of a serious nature as listed below.

2.2.1 Complaints about Staff or Councillor Conduct

If the complaint alleges that a staff member or Councillor has breached the Code of Conduct it will be dealt with in accordance with the provisions of the Department of Local Government's Model Code of Conduct November 2015) which has been adopted as Council’s Code of Conduct.

2.2.2 Anonymous Complaints

These complaints will only be dealt with where the matter is considered to be serious and there is sufficient information provided in the complaint to enable an investigation to be conducted.

2.2.3 Maladministration or Serious and Substantial Waste

These matters should be reported to the General Manager who has a duty to report such matters to the NSW Ombudsman.

2.2.4 Corrupt Conduct

A complaint related to unethical conduct, fraud or corruption is to be reported directly to the General Manager who has an obligation to notify the Independent Commission Against Corruption (ICAC).

2.2.5 Criminal Conduct

A complaint involving criminal activity is to be reported to the General Manager for referral to the NSW Police.

2.2.6 Competitive Neutrality

This is the concept of 'level playing field ' for all businesses. Where Council competes in the market place it should do so without utilising its public position to gain an unfair advantage over a private sector competitor. Complaints regarding Competitive Neutrality are to be referred to the General Manager

2.2.7 Information Access

Complaints regarding access to information held by Council under the Government Information (Public Access) Act 2009 should be made to Council’s Public Officer.

2.2.8 Staff Working with Children

Complaints against staff working directly with children should be reported to the General Manager and will be handled in accordance with relevant legislation.

2.3 Other Matters

The following are not considered complaints under this Policy and as such are not covered by this Policy.

· Requests for service eg collection of waste, repairing of potholes or clearing of drains

· Reports of hazards eg fallen trees

· Requests for information or explanation of policies, procedures or decisions of Council

· Concerns about neighbours or neighbouring properties eg barking dogs, unauthorised works

· An objection to a Council decision

· Submissions relating to an item on public exhibition or a notification

· An internal grievance

3. COUNCIL’S COMMITMENT

Council welcomes complaints as an opportunity to improve its services and performance, it views every complainant as its customer and is committed to:

· providing a system of recording complaints;

· listening to what the customer has to say;

· seeking to understand what the customer wants;

· respecting the customer and recognising that they are always our customer;

· providing an explanation to the customer;

· considering all aspects of the complaint including possible solutions and the impact of those on the wider community; and

· taking action, if required, within a reasonable timeframe and keeping the customer informed.

4. LODGEMENT OF COMPLAINTS

Complaints can be made by any of the following means:

· email - to council@yass.nsw.gov.au

· mail – in writing to the General Manager, Yass Valley Council, PO Box 6, Yass NSW 2582, except where the complaint is about the General Manager, and should be in writing to the Mayor

· in person – to a staff member at 209 Comur Street, Yass

· by telephone – call 6226 1477

To enable a proper response, complainants should give their name, address, telephone number and a brief description of the complaint. This personal information is restricted to Council officers who may require the information to investigate or respond to the complaint. The provision of personal information is voluntary, however, Council may not be able to properly investigate a complaint if it cannot obtain further information from a complainant.

5. WHO CAN LODGE A COMPLAINT?

Any member of the public, including a member of staff can lodge a complaint in accordance with this Policy.

Any staff member or Councillor can accept a complaint which will be referred to the relevant Council officer for action. Complex or serious complaints should be made in writing directly to the General Manager with the exception of complaints about the General Manager, which should be addressed to the Mayor.

6. TIMEFRAME FOR STANDARD COMPLAINT HANDLING

Timeframe	Action
Immediate	Complaints lodged by phone and 'in person' will be acknowledged at time of receipt.
Within 1 day	All complaints will be recorded in Council’s electronic document management system.
Within 5 days	Written or electronic complaints - the staff member dealing with the complaint will provide acknowledgement and aim to give a timeframe for resolution of the matter where it is complex or requires investigation.
Within 15 days	Council will aim to address the full complaint or keep the complainant informed of progress. For long and complicated issues updates will be provided at regular intervals

TIMEFRAME FOR FORMAL COMPLAINT HANDLING

Timeframe	Action
Immediate	Dealt with in accordance with the Model Code of Conduct for Local Councils in NSW and the Model Code Procedures as adopted by Council.

7. UNREASONABLE COMPLAINANT CONDUCT

Unreasonable complainant conduct is any behaviour by a complainant which, because of its nature or frequency raises substantial health, safety or resource issues for the organisation or staff. Such conduct can be categorised as unreasonable persistence, unreasonable demands, unreasonable lack of co-operation, unreasonable arguments or unreasonable behaviour. Council’s strategy will depend on the circumstances of the unreasonable conduct but may include terminating unproductive conversations, refusing to respond to correspondence on issues that have been previously addressed or requiring contact with a specific officer only or via a particular form of communication

8. ABUSIVE OR THREATENING COMPLAINANTS

Abusive and threatening behaviour by complainants will not be tolerated. Where personal abuse or vulgar language is used the communication may be terminated at the discretion of the subject employee and may involve the employee walking away from the complainant, termination of a telephone call, blocking future emails from the sender or returning offending letters to the sender unanswered.

9. COMPLAINANT RIGHTS OF APPEAL

Internal Review - should the complainant be dissatisfied with the handling or determination of a complaint, they will be provided with the relevant information regarding rights of appeal and may request that an internal review of the complaint be conducted.

External Review – should the complainant be dissatisfied with the internal review they will be provided with the relevant information regarding rights of appeal and may seek a review by the:

· NSW Ombudsman on 1800 451 524 or at www.ombo.nsw.gov.au - for complaints about the conduct of staff, enforcement matters and the administrative conduct of Council itself.

· Independent Commission Against Corruption (ICAC) on 1800 463 909 or at www.icac.nsw.gov.au - for complaints that a Council official has acted corruptly.

· Office of Local Government (OLG) on 4428 4100 or at www.olg.nsw.gov.au - for complaints about the overall functioning of Council, pecuniary interest issues, tendering or Councillor misconduct

10. CONFIDENTIALITY

Council will ensure that confidentiality is maintained in regard to complaints received. Personally identifiable information concerning a complainant will be used for the purposes of addressing and resolving the complaint only. The complainant’s name will not be released to the person who is the subject of the complaint without their consent and subject to privacy legislation and public interest principles of Government Information (Public Access) Act 2009.

Council will take all care that reporting of complaints about Council activities will not result in the complainant experiencing any form of victimisation or retribution as a result of the complaint.

11. REFERENCE DOCUMENTS

Yass Valley Council Code of Conduct May 2016

Model Code of Conduct, November 2015 – Division of Local Government

Effective Complaint Handling Guidelines, February 2017 - NSW Ombudsman – Unreasonable Complainant Conduct – Practice Manual, May 2012- NSW Ombudsman

GOV-POL-18 Recordkeeping – Councillors

Complaints Handling Procedure

Customer Service Charter

Ordinary Council Meeting 26 September 2018

9.1 Election of Mayor and Deputy Mayor

SUMMARY

To provide the framework for the election of the Mayor and Deputy Mayor.

RECOMMENDATION

That:

1. The method of electing the Mayor be by Ordinary Ballot with the returning officer declaring the number of votes for each candidate;

2. All ballot papers be destroyed following the election;

3. A Deputy Mayor be elected for the same term as the Mayor and the system of election be the same as used for the election of the Mayor;

4. The General Manager proceed with the election of the Mayor and Deputy Mayor.

Financial IMPLICATIONS

Nil

POlicy & Legislation

Conducting the election in accordance with Schedule 7 Local Government (General) Regulation 2005 and the Local Government Amendment (Governance and Planning) Act 2016 will meet Council’s governance obligations.

REPORT

1. Background

In accordance with s225 Local Government Act 1993, Council is required to elect a Mayor. Under s230(1) of the Act a Mayor elected by Councillors holds office for 2 years. Councillors may also choose to elect a fellow Councillor as Deputy Mayor.

The election of the Mayor is to be carried out in accordance with Clause 394 Local Government (General) Regulation 2005 which requires that the election is to be in accordance with Schedule 7 of the Regulation. In accordance with Clause 1 Schedule 7 Local Government (General) Regulation 2005, the General Manager is the Returning Officer for the election of Mayor i.e.

Local Government (General) Regulation 2005

Cl 394 Election of mayors by councillors

If a mayor or deputy mayor is to be elected by the councillors of an area, the election is to be in accordance with Schedule 7.

Schedule 7 – Election of mayor by councillors (Clause 394)

Part 1 Preliminary

1 Returning officer

The general manager (or a person appointed by the general manager) is the returning officer.

2 Nomination

(1) A councillor may be nominated without notice for election as mayor or deputy mayor.

(2) The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

3 Election

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council resolves on the method of voting.

(4) In this clause:

Ballot has its normal meaning of secret ballot.

open voting means voting by a show of hands or similar means.

2. Election of Mayor

In accordance with s230(1) Local Government Act 1993 a Mayor elected by the councillors holds the office of mayor for 2 years, subject to this Act. This 2 year period expires 28 September 2018.

Nominations for the position of Mayor shall be in writing by two or more Councillors (one of whom may be the nominee) and the nomination must have the consent of the nominee in writing. This written nomination must be delivered or sent to the Returning Officer who will announce the names of nominees at the meeting.

Attached to this business paper is a nomination form for the position of Mayor and Deputy Mayor. These must be received by the General Manager prior to the announcement of nominations.

The Act also provides that, if there is more than one nomination, a ballot will be required. Council must determine method of election of the Mayor from the following options in accordance with Schedule 7 Local Government (General) Regulation 2005:

(a) Ordinary ballot

(b) Open voting

Both preferential and ordinary ballots are secret. Under the ordinary ballot system the Councillors vote 1 for the candidate of their choice and if there are three or more, the lowest is excluded at each ballot until only two remain and the person with the most votes at that ballot is declared elected. This system is less complicated than preferential voting and ensures that the direct vote of Councillors (not preferences) will determine who is elected as Mayor. Previously, this Council has always adopted the ordinary ballot system for Mayoral elections and this has been proposed in the recommendation.

3. Election of Deputy Mayor

Section 231 of the Act provides that Council may elect a Deputy Mayor for the Mayoral term, or a shorter period if specified. This Council has always elected to have a position of Deputy Mayor and filled that position for the same period as the Mayor, i.e. 2 years. A nomination form for this position is attached.

4. Mayoral Allowance

After consideration of the findings of the Local Government Remuneration Annual Determination, Council, at its meeting of 23 May 2018 set, the Mayoral Allowance at $25,880 (NB: the Councillor allowance is set at $11,860). Council in the past has paid part of the Mayoral allowance to the Deputy Mayor in accordance with Council’s Councillor Expenses and Provision of Facilities Policy. Council set the Deputy Mayoral Allowance (to be paid from the Mayoral Allowance) at $1,500 per annum.

Strategic Direction

Theme 7. Council Governance and Finance

Long Term Goal 7.1 - Our council acts responsibly in its civic leadership role and is effective in planning and managing local growth and change

Strategy 7.1.3 – Consider social, environmental and economic sustainability in all Council planning, decision making and actions.

Strategic Action 7.1.3.1 – Develop a framework for long term planning and decision making which balances social, environmental and economic factors.

Attachments: Nil

12.4 Minutes of the Bango Wind Farm Community Consultative Committee held on 5 September 2018

Attachment a Bango Wind Farm Community Consultative Committee Minutes 5 September 2018

BANGO WIND FARM

COMMUNITY CONSULTATIVE COMMITTEE

Minutes of meeting held

on Wednesday 5^th September 2018

Ex Servicemen & Citizens Club, Boorowa

Attendees:
Lisa Andrews (LA)	Independent Chair
Kristy Old (KO)	CWP Renewables (Development Manager)
Tegan Doblinger (TD)	CWP Renewables
Cr Wendy Tuckerman Thomas McGrath (TM)	Hilltops Council delegate Community Representative – Host Landholder
Jayne Apps (JA) Cr Geoff Frost (GF)	Boorowa District Landscape Guardians Yass Valley Council delegate
Apologies:	Terry Sellwood – Community Representative
	Andrew Winterflood – Community Representative

Meeting commenced at 11:03am.

Welcome and Introductions

The Chair welcomed everyone to the meeting of the Bango Wind Farm (BWF) Community Consultative Committee (CCC) and introduced Cr Wendy Tuckerman and Tegan Doblinger. TD explained her role with CWP, stating that she is based in Canberra and is the conduit between the development phase and construction phase of the project.

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 23^rd May 2018 were finalised in accordance with DP&E Guidelines and emailed to members on 7^th June 2018.

Action Item

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) Emailed 8/6/18 with the finalised minutes	KO Complete
3	Provide dates of Preliminary Documentation exhibition and advertising periods Emailed 8/6/18 with the finalised minutes	KO Complete
4	Provide LGA boundary maps and turbine distances to Council representatives Emailed 28/5/18 with the finalised minutes	TB Complete

LA advised of an issue that had been raised by a member of the public concerning the November 2017 CCC minutes. Page 3, 5^th dot point of the minutes stated that the turbines would have a hub height of 200m, this is incorrect. The turbine tip height will be 200m.

TM moved that the amendment to Page 3 of the CCC minutes of 22^nd November 2017 be made to reflect the change;

Seconded: GF. Carried.

Correspondence

· 28/5/18 – Email to members with the draft minutes for review.

· 28/5/18 – Letter to Terry Sellwood with the draft minutes.

· 4/6/18 – Email from Cr Rita O’Connor with responses to questions taken on notice at the previous meeting. This information was forwarded on to CCC members the following day 5/6/18).

· 5/6/18 – Email from Cr Geoff Frost advising that Yass Valley Council would be proceeding with a separate VPA.

· 8/6/18 – Email to members with the finalised minutes, the electronic presentation and responses to two of the action items.

· 8/6/18 – Letter to Terry Sellwood with the finalised minutes as well as the information from Cr O’Connor, Cr Frost and CWP.

· 24/8/18 – Email to members with Meeting Notice and Agenda, confirming this meeting.

· 24/8/18 – Letter to Terry Sellwood with the same information.

· 1/9/18 – Email to members with a reminder for this meeting.

· 3/9/18 – Apology from Terry Sellwood due to attendance at a funeral.

LA moved that correspondence be received. Seconded: TM

LA advised that in future, the correspondence report will be emailed to members with the Meeting Notice & Agenda for the following CCC. No objections raised.

Reports and Updates

KO provided the project date and handed a hard copy of the presentation to members:

· The Federal Department of Energy and Environment approved the project under the EPBC Act, which are generally in accordance with the NSW Government approval conditions. Link: http://epbcnotices.environment.gov.au/referralslist/

· Condition 13 of this approval requires CWP to contribute $100,000 over 5 years to the prepare and implement a Superb Parrot Conservation Research Plan (extract below):

· Work is continuing on secondary approval documents.

· VPAs have been finalised with both Yass and Hilltops Councils

· An appeal has been lodged against the development consent issued by the Independent Planning Commission. It is unknown how long this process will take to resolve.

· There have been no public exhibition periods (action item – ongoing).

· Prior to the commencement of construction the following will be undertaken:

o Environmental Management Strategy

§ Biodiversity Offset Strategy

§ Biodiversity Management Plan

§ Aboriginal and Heritage Management Plan*

§ Traffic Management Plan

§ Bird and Bat Adaptive Management Plan (prior to commissioning of any wind turbine)

§ Final layout still to be determined. (71 turbines have been approved, but may not build all)

· *The Aboriginal and Heritage Management Plan consultation has been conducted in accordance with the relevant guidelines and as set out in the Bango Wind Farm EIS. JA enquired whether the Wiradjuri Aboriginal Group had been consulted. WT explained that the Wiradjuri Nation was the overarching Indigenous Group with the Onerwall Local Aboriginal Land Council and Nguuawal Heritage Aboriginal Corporation being two groups underneath the Nation as separate tribes in the region.

General Business

· WT asked if there was a sign-up page on the project website for local businesses and sub-contractors to express their interest in supplying goods and services. KO confirmed that there is a section of the project website where contractors can provide their details:
https://bangowindfarm.com.au/contractors/

· TD explained that CWP will use an ICN/Gateway register where contractors and suppliers will be able to enrol.

· It was suggested that advertising also be placed in the local print media as well as contact with the Business Chamber to encourage registration of local businesses.

· The flow on effects for labour providers, accommodation providers, food outlets, etc would benefit the business community. Perhaps CWP should write an article and submit it to the local newspaper.

· GF stated that with Rye Park commencing construction in mid-2019 there are opportunities for a number of businesses.

· JA suggested more accommodation needs to be available.

· TM enquired about the membership of the Community Fund Committee and was advised that it was not open to host landowners with WT explaining that this was only one part of the process for the community to be involved.

· GF advised that Yass Valley Council had accepted a motion in relation to wind farm developments. Whilst it was acknowledged that they were State Significant Developments, YVC has an obligation to its ratepayers and constituents to ensure their interests are considered.

· GF further advised of a proposal for a solar farm on 800 acres in the shire, which has raised some concerns with residents. Council is also concerned about sterilising industrial land in the vicinity, which is against its approved Settlement Strategy.

· WT advised that Hilltops Council are currently going through its LEP (Local Environmental Plan).

· KO advised that is was CWP’s intention had been to commence construction of the project in Q1 2019. However, this is likely to be impacted by the appeal.

· In this regard, KO further advised that there is a conciliation meeting on 4^th & 5^th December between CWP and applicants.

Date of Next Meeting

Given the appeal process, it was recommended that the meeting not be set until CWP have something meaningful to report back to the CCC. Accordingly LA will provide sufficient notice to CCC members early 2019 on when the next meeting will be held.

Meeting closed at 11.45apm with LA thanking all for their attendance.

Action Items

Item	Issue	Responsibility
1	Chair to inform members of next CCC meeting	LA

12.5 Minutes of the Traffic Management Committee held on 29th August 2018

Attachment a Draft Traffic Management Committee Minutes

Yass Valley Traffic Facilities Management Committee Meeting Minutes

Wednesday 29^th August 2018 10:30am

Council Foyer Room

209 Comur Street Yass

AGENDA

AGENDA.. 2

1.0 Present: 4

2.0 Apologies. 4

3.0 Declaration of Interest. 4

4.0 Public Participation. 4

5.0 Confirmation of Minutes. 4

6.0 Matters Arising From Minutes. 4

6.1 Update on Closure of Monteagle Street Binalong. 4

7.0 Matters for Information. 4

7.1 Update on Trial Mid-Block Pedestrian Refuge. 4

7.2 Update Proposed No-Right Turn on Bellevale Road. 5

7.3 Traffic Safety Improvement Adjacent to Berinba Public School Yass. 5

8.0 Matters Considered between Meetings. 5

9.0 Items Delegated to Council 5

9.1 Request a Change in Parking Restriction on Barton Highway Murrumbateman. 5

9.2 Disable Parking in the Public Carpark Adjacent to Banjo Patterson Park. 5

9.3 Additional Disable Car Parking on Comur Street Adjacent to the NRMA.. 6

9.4 Look Out Before You Step Out Safety Program.. 6

9.5 Temporary Road Closure Montem Street Bowning. 6

9.6 Request to Change the Give-Way Signs at the Intersection of MacDonald and Brennan Streets 6

9.7 Traffic Safety Concerns Green Street Yass. 7

9.8 Loading Zone Polding Street Yass Adjacent to Woolworths. 7

9.9 Review Extending the Murrumbateman Village Speed Limit. 8

9.10 Install of ‘No-Camping’ Signs on the Land Adjacent to Mechanics Institute Building Binalong. 8

9.11 Parking Concerns Adjacent to Visitor Information Centre. 8

9.12 2018 Murrumbateman Field Day. 9

10. Update on Current Traffic Management Committee Issues Purpose of Report. 9

1.0 Present:

Councillor Jasmin Jones (Chairperson), Sargent Steve Pidgeon (Police), Stan Robb (YVC), Terry Cooper (YVC), Greg Minehan (RMS), & Trish Rayner (Minutes).

Meeting opened at 10:30am

2.0 Apologies

Meryl Hinge (RSO)

3.0 Declaration of Interest

Councillor Jasmin Jones expressed a non-pecuniary/non-significant interest with item 7.3 on the agenda as her child attends the nearby school

4.0 Public Participation

NIL

5.0 Confirmation of Minutes

RECOMMENDATION

That the minutes of the Meeting held on 2^ndMay 2018, copies of which had been circulated to all Committee members, be confirmed.

6.0 Matters Arising From Minutes

6.1 Update on Closure of Monteagle Street Binalong

At the February 2018 Traffic Committee meeting it was recommended that in principle support be provided for the part closure of Monteagle Street (on east side of Dickson) to stop traffic using this street to by-pass Burley Griffin Way.

RECOMMENDATION:

That Council further investigation the extent of the problem being raised

ACTION:

That traffic counters to be installed in strategic locations on Dickson Street and Monteagle Street to obtain the volume of vehicles using these streets.

7.0 Matters for Information

7.1 Update on Trial Mid-Block Pedestrian Refuge

Council has installed a trial mid-block refuge on Comur Street Yass and requested community submissions on the trial. An update report on the trial mid-block pedestrian refuge was reported the Council’s 22 August 2018 meeting, which resolved to, not to proceed with mid-block pedestrian refuges on Comur Street, to remove the trial refuge and re-instate the original parking arrangements.

RECOMMENDATION:

That information be noted.

ACTION:

1. That the Director of Engineering continue to investigate alternate options for improving crossing on Comur Street and report back to Council.

2. That the RMS investigate and provide advice and options to improve pedestrian behaviour including utilising existing formal crossing points

7.2 Update Proposed No-Right Turn on Bellevale Road

To update the Committee on submissions received on the proposed no-right turn from Bellevale Road into Yass Valley Way.

RECOMMENDATION:

The information was noted

ACTION:

That the RMS’s action to reduce the posted speed limit from 100km to 80km be noted

7.3 Traffic Safety Improvement Adjacent to Berinba Public School Yass

Traffic Committee Council had received a grant from the RMS to implement safety improvements to the intersection of Church Street and Grand Junction Road adjacent to Berinba School Yass. These works are completed.

RECOMMENDATION:

The information was noted

8.0 Matters Considered between Meetings

NIL

9.0 Items Delegated to Council

9.1 Request a Change in Parking Restriction on Barton Highway Murrumbateman

Council has received a request from Qcity Transit to change the parking restriction on the western side of the Baron Highway from Hercules Street to Fairley Drive Murrumbateman Village.

RECOMMENDATION:

The Committee provide in principle support for the change of the current signs at the Murrumbateman Bus Stop.

Unanimously supported

ACTION:

Council to modify the existing ‘No Stopping’ sign and install a new ‘No stopping’ and ‘Bus Stop’ signs.

9.2 Disable Parking in the Public Carpark Adjacent to Banjo Patterson Park

Council has received a request from a resident to have two disable parking spaces in the public car park adjacent to Banjo Patterson Park.

RECOMMENDATION:

1. That the Committee provide in principle support for Council to install additional disable car parking spaces in the car park adjacent to Bango Patterson Park at a location considered most advantageous for users as determined by Council

2. That the resident to advised to raise the lack of disable parking with the management of the Yass Soldiers Club

Unanimously supported

ACTION:

1. Council investigate and install of disable car parking spaces in Bango Patterson Park

2. That the resident be advised of the above and suggest they raise the lack of disable parking with the management of the Yass Soldiers Club

9.3 Additional Disable Car Parking on Comur Street Adjacent to the NRMA

To consider a request received for a parking space to be created for people with disabilities adjacent to the NRMA in Comur Street

RECOMMENDATION:

That the Committee provide in principle support for Council to develop a Parking Strategy for the CBD before considering this request.

Unanimously supported

ACTION:

That Council prepare a Yass CBD Parking Strategy with support from the RMS.

9.4 Look Out Before You Step Out Safety Program

Council has received correspondence from the A/Director RMS S/W Region for Councils to participate in the ‘Look Out Before You Step Out’ safety program

RECOMMENDATION:

The Committee provide in principle support for the commencement of this program.

Unanimously supported

ACTION:

That Council write to the RMS to participate in the “Look Out before You Step Out’ safety program.

9.5 Temporary Road Closure Montem Street Bowning

Council has received a request from the Principal of Bowning Public School for a temporary road closure of Montem Street Bowning. The temporary closure will be from the intersection of Leake and Short Streets.

RECOMMENDATION:

1. That the committee provide in principle support for the 2018 Bowning School and Community Fun Day subject to the following conditions

1. The organiser is to supply Council with a copy of the current Public Liability Insurance for the event with a minimum $20,000,000 indemnity;

2. The event organiser arrange for an appropriately certified Traffic Management Plan (TMP) to be prepared, which includes all required detours;

3. That the event organiser implement the Traffic Control Plan (TCP) identified in the TMP.

4. The event organiser is responsible for directly notifying all residents that may be affected by the approved events as soon as possible;

5. Event marshals, event participants etc. will at all times obey the provisions of NSW Transport Legislation;

6. The event organiser is to arrange the supply and installation/removal of appropriate signs etc. identified in the TCP. All personnel involved must be appropriate accredited;

7. The event organiser is to ensure any local traffic, emergency services vehicles etc can safely and efficiently access/egress any property impacted by the TCP;

8. Event organisers, event marshals, volunteers, event participants etc. are to take all possible actions to minimise the effect of the event on the non-event community, throughout the event;

9. Event organisers shall comply with the above conditions and the undertakings in its submission. Failure to comply will immediately void this approval.

2. That Council determine the level of support it will provided to assist the organisers to satisfy the approval conditions

Unanimously supported

ACTION

1. That the organisers be advised of the approval and associated conditions and the Director of Engineering determine the level of support Council will provide to assist the event

2. That Council develop a Policy on the level and type of support Council will provide for events including identifying funding arranges and options (eg commuity grant program)

9.6 Request to Change the Give-Way Signs at the Intersection of MacDonald and Brennan Streets Yass

Council has received a request from s resident to change give-way signs at the intersection of MacDonald and Brennan Streets

RECOMMENDATION:

That this item be deferred until the next Traffic Committee Meeting in November to allow time for the RMS to review this intersection.

ACTION

That the RMS review the request and report to the November 2018 Traffic committee meeting.

9.7 Traffic Safety Concerns Green Street Yass

Council has received a request received from a resident to take action to stop vehicles speeding in Green Street Yass. The resident suggests the installation of calming devices on Wee Jasper Road just south of Green Street.

RECOMMENDATION:

That The Committee provide in principle support for Council to further investigate the problems including the use of traffic classifiers and ensuring signs are appropriately installed

Unanimously supported

Action:

1. That the resident to be advise of the proposed actions

2. That Council install traffic counters to determine the scope of the problem.

3. Council ensure that a ‘50km ahead’ sign is installed on Wee Jasper Road

9.8 Loading Zone Polding Street Yass Adjacent to Woolworths

Council has received a request received from a resident for additional parking on Polding Street. In a subsequent discussion the resident indicated that there was no suitable parking in the Woolworth’s car park for longer vehicles.

RECOMMENDATION:

That the Committee does not support the installation of any ‘Loading Zones’ on Polding Street based on the availability of adequate long-vehicle parking within the Woolworths car park and the surrounding streets

Unanimously supported

Action:

That the resident be advised of the outcome

9.9 Review Extending the Murrumbateman Village Speed Limit

Council has received a request to have the Murrumbateman village 50 kph speed zone extended to Hillview Drive due to recent development in the area

RECOMMENDATION:

That the matter be deferred until the November 2018 Traffic Committee meeting when a report on safety improvements for the intersection of Barton Highway and Hillview Drive will be provided

Unanimously supported

Action:

1. That the resident be advised of the outcome

2. That the RMS review the speed zoning in the area when the land to the north of Fairley Estate is developed

3. That the RMS provide an update to the November 2018 Traffic Committee meeting on proposed safety works for the intersection of the Barton Highway and Hillview Drive

9.10 Install of ‘No-Camping’ Signs on the Land Adjacent to Mechanics Institute Building Binalong

Council has received a request from a resident for the installation of a ‘no camping’ on the land adjacent to the Mechanics Institute building in Binalong

RECOMMENDATION:

That the matter be referred to the land owner and to Council’s Planning Section in relation to the usage

Unanimously supported

Action:

1. That the resident be advised of the outcome

2. That the concern in relation to the usage of the land for camping be referred to the Mechanics Institute Trust and Council’s Planning Section

9.11 Parking Concerns Adjacent to Visitor Information Centre

Council has received a request from a resident to address access issues associated with parking for the Visitors Information Centre and Coronation Park.

RECOMMENDATION:

The matter be deferred to the November 2018 Traffic committee meeting to allow further investigation by the Director of Engineering

Unanimously supported

Action:

1. That the resident be advised of the outcome

2. That a further report be prepared for the November 2018 Traffic Committee meeting

9.12 2018 Murrumbateman Field Day

Council has received a request from the manager of the Murrumbateman Field Day for approval of the 2018 event.

RECOMMENDATION:

1. That the committee provide in principle support for the the 2018 Murrumbateman Field Day event and its associated management plans, procedures, plans etc subject to the following conditions:

· The event organiser shall supply Council with a copy of their public risk insurance for at least $20m which notes Yass Valley Council, NSW Police Force and the RMS as interested parties;

· The event organiser shall implement the Traffic Control Plan (TCP) prepared by Territory Traffic Engineering:

· Event marshals, event participants etc. will at all times obey the provisions of NSW Transport Legislation;

· Event organisers, event marshals, parking marshals, event participants etc. shall ensure vehicles entering the site are parked asap to minimise any vehicle back logs and queuing on Murrumbateman Road;

· All entrances/exits to the site are to be clearly and prominently marked

· Event marshals and/or parking marshals shall ensure vehicles entering the site have priority over vehicles exiting the site to minimise queuing;

· The event organiser is to arrange for a RMS Road Occupancy Licence and Speed Zone Authorisation for the Barton Highway

· The event organiser is to arrange the supply and installation/removal of appropriate signs etc. identified in the TCP. All personnel involved must be appropriate accredited.

· Event organisers shall comply with the above conditions and the undertakings in its submission. Failure to comply will immediately void this approval

2. That Council confirm that the event’s Planning Approval is finalised

3. That the RMS ensure appropriate approvals have been obtained for the use of any RMS land

Unanimously supported

ACTION:

1. That event organisers be advised of the outcome

2. That Council follow up the planning approval for the event

3. That the RMS work with the event organisers in relation to the use of any RMS land

10. Update on Current Traffic Management Committee Issues Purpose of Report

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

RECOMMENDATION:

That the information was noted

Unanimously supported

Action:

1. That the actions from the August 2018 meeting be included in the report

2. That all future matters be reported with a priority and an indicative indication of when or if the work will be undertaken

MEETING CLOSED – 12.35pm

NEXT MEETING– 10.30am

7^th November 2018

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	84.67%	100%
A2/A	Nil	60%
A3/BBB	7.13%	30%
N/A	8.20%	Note 1

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	52.64	50%
IMB	A3	7.13%	30%
CBA	A1/AA	26.11%	50%
WBC	A1/AA	5.92%	50%
TCorp	N/A	8.20%	Note 1 above

Minute No	Date of Issue	Action	Author	Checked by
78	10 March 2010	Reviewed	David Rowe	Special Planning Committee
	30 May 2012	Reviewed	Sheri Norton	EMT
248 383	13 June 2012 1 November 2012 27 November 2013	Adopted Reviewed Exhibition and adoption	David Rowe & Sheri Norton David Rowe	Special Planning Committee EMT Council Meeting
126	25 May 2016	Reviewed	Anita Tilley	Council Meeting
	4 September 2018	Reviewed	Anita Tilley	EMT

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