Minutes of the Ordinary Meeting of Council held on 18 December 2019

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Item 7.1 DP Sewage Pump Station Emergency Storage Tank
Jack Walker

Peter Walker

Council Meeting - The Mayor declared the meeting open at 4.17 pm.

Present

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

Also present were the General Manager – Chris Berry, Acting Director of Planning – Liz Makin, Director of Engineering – Stan Robb, Director of Finance & Corporate – Mark Eady and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Turner declared a non-significant, non-pecuniary conflict of interest in Item 9.2 Petition – Community Services and stated that he would remain in the room and would abstain from voting.

Reason: Councillor Turner declared an interest as he was a signatory on the petition.

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item 12.2 Minutes of the Bango Wind Farm Community Meeting and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he is an adjacent landowner.

Councillor Abbey declared a non-significant, non-pecuniary conflict of interest in Item 6.2 Development Application No. DA 190114 – Highway Service Centre, 27782 Hume Highway, Bowning and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she is involved in the Company that is selling land to another applicant.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 27 November 2019 covered by page numbers 1-16 inclusive and resolution numbers 257-280 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Burgess/Reid) 281

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

AGAINST: Nil

Motion

RESOLVED that Late Reports, Items 7.3 and 13.4 Load Testing of Anchors in Yass Dam be accepted into the meeting as urgent matters for consideration as they relate to the awarding of a tender for which a decision is needed prior to the next scheduled Council meeting.

(Turner/Harker) 282

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

AGAINST: Nil

Motion

RESOLVED that the following Late Motion be accepted into the meeting as an urgent matter for consideration due to the heatwave forecast for NSW over the next few days:

That Yass and Binalong Pools are free to the public when temperatures are forecast by the BOM to be 40oC or more 72 hours prior.

(Jones/Turner) 283

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

AGAINST: Councillors G Frost and N Furry

5. Mayoral Minute

6. Director of Planning Reports

6.1 Planning Proposal - Administrative Amendment: 82 Laidlaw Street, Yass

SUMMARY

Presenting a report on a draft Planning Proposal seeking an amendment to the Yass Valley LEP 2013 land zoning, lot size, floor space ratio and height of building maps for 82 Laidlaw Street, Yass to reflect the updated cadastral map and the extent of Yass River flooding as shown in the Yass Flood Study.

RESOLVED that :

1. The Planning Proposal – Administrative Amendment: 82 Laidlaw Street, Yass (PP-2019-04) 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. Authorisation be requested to exercise Council’s delegation as the local plan-making authority under s3.36 Environmental Planning & Assessment Act 1979.

(Reid/Harker) 284

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

AGAINST: Nil

6.2 Development Application No. DA190114 - Highway Service Centre, 27782 Hume Highway, Bowning

SUMMARY

Presenting the assessment of DA190114 for a highway service centre at 27782 Hume Highway, Bowning. The development is consistent with the earlier Planning Proposal and the additional permitted use of land allowed for by the LEP. It is recommend that the proposal be supported and conditional Consent be issued subject to all additional information being submitted and suitably resolved.

RESOLVED that Development Application DA190114 for the purposes of a highway services centre at 27782 Hume Highway be supported and a conditional Development Consent for a highway service centre be issued subject to:

· All the items of additional information being submitted and suitably resolved, including the requirements of Transport for NSW, WaterNSW

· Standard conditions of Development Consent

· Any conditions of Transport for NSW and WaterNSW

(Jones/Frost) 285

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

AGAINST: Nil

7. Director of Engineering Reports

7.1 BP Sewage Pump Station Emergency Storage Tank

SUMMARY

This report is to allocate funds for the installation of an emergency storage tank at BP Sewage Pump Station and to defer the upgrade of sewage pump station at Yass Primary School to address Environmental Protection Agency (EPA) requirements associated with Council’s licence to operate the Yass Sewer Treatment Plant.

RESOLVED that :

1. $60,000 be allocated in the December 2019 budget review process to install an emergency storage tank at BP Sewage Pump Station.

2. The upgrade of sewage pump station at Yass Primary School be referred to the 2020/21 budget process for inclusion within the 2020/21 Sewage Pump Station Upgrade Program.

3. $20,000 be allocated to the upgrade of the BP Sewage Pump Station from the Sewer Fund (Sewerage Services).

(Jones/Frost) 286

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

AGAINST: Nil

7.2 Tender Evaluation - Yass to Murrumbateman Water Transfer Project, Chlorination System at Murrumbateman Reservoir

SUMMARY

This report presents the tender evaluation for the Design and Construction of Chlorination System at the Murrumbateman Reservoir.

RESOLVED that this item of the Director 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) 287

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 Tender Evaluation - Load Testing of Anchors in the Yass Dam

SUMMARY

This report provides advice on the submission of tenders for the Load Testing of Anchors in the Yass Dam.

(Turner/Reid) 288

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

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 Investment and Borrowings Report

SUMMARY

In accordance with clause 212 Local Government (General) Regulation 2005 , this report provides a summary of Council’s investments as at 30 November 2019. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 30 November 2019 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Frost/Harker) 289

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

AGAINST: Nil

9. General Manager Reports

9.1 Petition- Weed Control on Rural Roadsides

SUMMARY

Tabling a petition requesting Council to implement a Weed Control Program on rural roadsides.

RESOLVED that:

1. The tabled petition requesting a Weed Control Program on rural roadsides be received and noted.

2. The Canberra Region Joint Organisation be supported in any representations to seek increased funding for roadside weed spraying by Local Councils.

3. A report be presented to the February 2020 Council meeting on options for funding to commence roadside weed spraying in the 2019/20 financial year.

(Jones/Turner) 290

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

AGAINST: Nil

9.2 Petition - Community Services

SUMMARY

Tabling a petition lodged requesting Council to reconsider its decision in relation to the transfer of community services.

MOTION

That:

1. The tabled petition on community services be noted.

2. Council prepares a report outlining a case for better continued operations/expansion of community services, letting go of NDIS as we are not accredited.

3. A suitable manager and structure be implemented on a cost recovery basis.

4. Council change the name of Yass Home Living Support Service to Yass Valley Council Community Services.

5. The service look at opportunities for expansion.

(McManus/Furry)

FOR: Councillors N Furry and M McManus

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

ABSTAINED: Councillor K Turner

MOTION LOST

RESOLVED that the tabled petition on community services be noted.

(Jones/Reid) 291

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

AGAINST: Councillor M McManus

ABSTAINED: Councillor K Turner

9.3 Community Services Review

SUMMARY

To present a report on the outcomes from the expression of interest process for the transfer of community services.

RESOLVED that this item of the General Manager’s Report be classified as confidential in accordance with section 10A(2)(di) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to information that would, if disclosed, prejudice the commercial position of the person who supplied the information

(Turner/Furry) 292

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

AGAINST: Councillor M McManus

9.4 Hume Park Lease

SUMMARY

To present an update on the progress of negotiations on the lease for the operation of Hume Park.

(Turner/Furry) 293

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

AGAINST: Councillor M McManus

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Canberra Region Joint Organisation Board Meetings held on 20 November and 6 December 2019

Motion

That:

1. The Minutes of the Extraordinary Meeting of the CRJO Board held on 20 November 2019 and the CRJO Board Meeting held on 6 December 2019 be noted.

2. A report be prepared for the February 2020 Council meeting explaining the need for a membership fee structure increase.

(McManus/Frost)

FOR: Councillors G Frost and M McManus

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

ABSTAINED: Councillor R Abbey

MOTION LOST

RESOLVED that:

1. The Minutes of the Extraordinary Meeting of the CRJO Board held on 20 November 2019 and the CRJO Board Meeting held on 6 December 2019 be noted.

2. The revised membership fee structure be considered as part of the 2020/21 Operational Plan process.

(Jones/Reid) 294

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

AGAINST: Councillor G Frost

ABSTAINED: Councillor R Abbey

12.2 Minutes of the Bango Wind Farm Community Consultative Committee held on 12 November 2019

RESOLVED that the minutes of the Bango Wind Farm Community Consultative Committee meeting held on 12 November 2019 be noted.

(Frost/Furry) 295

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 Meeting Notes of the Aboriginal Consultative Committee held on 3 December 2019

RESOLVED that the matters addressed by the Aboriginal Consultative Committee meeting held on 3 December 2019 be noted.

(Turner/Reid) 296

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 Tender Evaluation - Yass to Murrumbateman Water Transfer Project - Chlorination System at Murrumbateman Reservoir

Item 13.1 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.

13.2 Hume Park Lease

Item 13.2 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.

13.3 Community Services Review

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

13.4 Tender Evaluation - Load Testing of Anchors in the Yass Dam

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.

(Furry/Reid) 297

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 5.34 pm.

13.1 Tender Evaluation - Yass to Murrumbateman Water Transfer Project - Chlorination System at Murrumbateman Reservoir

SUMMARY

This report presents the tender evaluation for the Design and Construction of Chlorination System at the Murrumbateman Reservoir.

RESOLVED that the tender submitted by Precision Civil Infrastructure Pty Ltd be accepted for the Design and Construction of Chlorination System at the Murrumbateman Reservoir for a total cost of $289,601.75 (inc GST); in accordance with Precision Civil Infrastructure Pty Ltd’s tender documentation, addendum, submission and subsequent clarifications.

(Furry/Reid) 298

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 Hume Park Lease

SUMMARY

To present an update on the progress of negotiations on the lease for the operation of Hume Park.

RESOLVED that $10,000 be allocated from the property reserve for the repairs to the existing dwelling/office building at Hume Park

(Jones/Reid) 299

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

AGAINST: Nil

13.3 Community Services Review

SUMMARY

To present a report on the outcomes from the expression of interest process for the transfer of community services.

RESOLVED that the Expressions of Interest received from Goodwin Aged Care Services, Community Services #1 and Valmar be forwarded to the funding bodies as being suitable organisations to continue the provision of community services to the Yass Valley community.

(Turner/Jones) 300

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

AGAINST: Councillor M McManus

13.4 Tender Evaluation - Load Testing of Anchors in the Yass Dam

SUMMARY

This report presents the tender evaluation for the Load Testing of Anchors in the Yass Dam.

RESOLVED that :

1. The tender submitted by Acciona Geotechnical Pty Ltd be accepted for the Load Testing of Anchors in the Yass Dam (Contract No: 10014881) for a total cost of $473,663.49 (ex GST); in accordance with Acciona Geotechnical Pty Ltd’s tender documentation, addendum, submission and subsequent clarifications.

2. Additional funds required to be allocated in 2019/20 financial year from the Water Fund as part of the December quarterly budget review process.

(Reid/Furry) 301

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Jones/Furry) 302

Open Council resumed at 5.58 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Furry/Turner) 303

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

AGAINST: Nil

Late Urgent Motion

RESOLVED that:

1. Yass and Binalong Pools are free to the public for Saturday 21 December 2019, based on expectations that the temperature will exceed 40^oC, subject to operational constraints.

2. The trial be continued in January 2020 subject to operational constraints.

3. At the conclusion of the trial a report be prepared for the February 2020 Council meeting with the results.

(Jones/Turner) 304

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 6.22 pm.

Rowena Abbey
Mayor