Minutes of the Ordinary Meeting of Council held on 25 November 2020

Open Forum

Presentations to Council – Items on the Meeting Agenda

Nil

Council Meeting - The Mayor declared the meeting open at 4.02 pm.

Present

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

Also present were the General Manager – Chris Berry, Director Planning & Environment – Julie Rogers, Interim Director Infrastructure & Assets – Steven Beasley, Director Corporate & Community – Mark Eady and Corporate Planning & Executive Support Officer – Shirree Garland.

Due to Mayor and Deputy Mayor’s unavailability to be in the Chambers, the Mayor suggested that a Councillor be nominated to assume the Chair.

MOTION

RESOLVED that Councillor Harker assume the Chair.

(Furry/Abbey) 193

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

AGAINST: Nil

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Abbey declared a significant, non-pecuniary conflict of interest in Items Nos 9.2 and 13.1 - Water Rebate Application – Lot 7141 DP 1095199 off Wee Jasper Road, Yass and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she has a close association with the applicant.

Councillor Abbey declared a pecuniary conflict of interest in Item Nos 9.4 and 13.4 – Leasing Council Property – ‘Hawthorn’, Barton Highway, Murrumbateman and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she has a close association with one of the tenderers.

Chris Berry, General Manager, declared a significant, pecuniary conflict of interest in Items 12.1 and 13.3 – General Manager’s Performance Review Committee Minutes.

Reason: Chris Berry declared an interest as the report/minutes relate to his employment at Council.

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item 6.4 – Planning Proposal – Kyeema, Gundaroo and stated that believed his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest due to the perception of a relationship with the applicant.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Items Nos 9.2 and 13.1 - Water Rebate Application – Lot 7141 DP 1095199 off Wee Jasper Road, Yass and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as the submission is from a distant relative.

Councillor Jones declared a pecuniary conflict of interest in Item 6.1 – Council Owned and Managed Land Assets and stated that she believed her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as regular advertisers were handling the tendering process.

Councillor Jones declared a pecuniary conflict of interest in Item 6.2 – Yass Soldiers Club and stated that she believed her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as the business that she owns and operates is in advertising negotiation with the entity that owns the land.

Councillor Jones declared a pecuniary conflict of interest in Items 9.4 and 13.4 – Leasing Council Property – ‘Hawthorn’ Barton Highway, Murrumbateman and stated that she believed her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as the independent conductor of the tender process giving the recommendation is a regular advertiser with her business Yass Valley Times.

Councillor McManus declared a significant, non-pecuniary conflict of interest in Item 6.1 – Council Owned and Managed Land Assets and stated that he believed his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is the Vice President and a Life Member of the Yass Soldiers Club.

Councillor McManus declared a significant, non-pecuniary conflict of interest in Item 6.2 – Yass Soldiers Club and stated that he believed his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is the Vice President and a Life Member of the Yass Soldiers Club.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 28 October 2020, resolution numbers 165-192 inclusive, be taken as read and confirmed.

(Reid/Turner) 194

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

The Mayor provided a verbal report on the official commencement of the duplication of the Barton Highway with the turning of the first sod on Monday 23 November 2020. The current funding is expected to enable duplication to Kaveney’s Road. Continued lobbying for additional funds for the continuation of the duplication is ongoing.

6. Director of Planning & Environment Reports

6.1A Council Owned and Managed Land Assets

SUMMARY

A review has been undertaken of land assets which Council either owns or manages on behalf of others. This report makes recommendations in relation to land which is potentially surplus to Council operational or community requirements.

RESOLVED that consideration of the Chinaman’s Creek Carpark, Yass be dealt with separately to all the other property listed in the report.

(Jones/Furry) 195

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

AGAINST: Nil

ABSTAINED: Councillor McManus

6.1B Council Owned and Managed Land Assets

RESOLVED that :

1. The recommendations in the following table for properties 1-24 (excluding property 8) be endorsed:

Land Description

Valuer General Value

1/7/2019

(Pro Rata where part of larger valuation)

Lease Income/

Expenditure

Recommendation

Priority

OPERATIONAL LAND

Former Yass Saleyards, Yass Valley Way, Yass

Lot 1 DP230230, Lot 1 DP328041, Lot 1 DP323783

Zoned R1 General Residential

4.6ha

$360,000

N/A

Obtain quote for site remediation.

Include funding for remediation in a forthcoming budget.

Recommendation:

That a future report be presented to Council to consider disposal following completion of remediation

Medium

‘Hawthorn’, Barton Highway, Murrumbateman

Lot 12 DP1129955

Lot 6 DP1046081

Lot 11 DP1129955

Zoned RU1 Primary Production

286ha

$3,170,000

$60,000 pa

Lease to be renewed early 2021

Continue with strategic bio certification as per August 2020 resolution.

Recommendation:

That a future report be presented to Council to consider disposal following completion of bio certification, rezoning and resolution of water supply

High

RESOLVED that

116 Laidlaw Street, Yass

Lot 1 DP783758

Zoned B5 Business

$482,000

$24,700 pa

Lease expires 20 August 2021

Obtain quote for contaminated land/UPSS site assessment.

Include funding for assessment in a forthcoming budget.

Proceed with existing Development Consent for subdivision of Orion Street extension in 2021.

After this consider whether to continue leasing or dispose.

Recommendation:

That a future report be presented to Council to consider disposal following completion of contamination assessment

Medium

Corner Red Hill and Bowning Road, Bowning

Lot 101 DP1223128

Zoned RU5 Village

1,148m²

$73,800

N/A

Engage surveyor to prepare boundary adjustment to address building/fence encroachment. Include funding for survey work in a forthcoming budget.

Dispose upon registration of adjusted boundary.

Recommendation:

That the land be disposed of following completion of the boundary adjustment

High

17 Dutton St, Yass (rear Goodradigbee Centre)

Lot 1 DP61675

Zoned R3 Medium Density Residential

689m²

$73,162

(pro rata)

N/A

Obtain quote for contaminated land assessment.

Include funding for assessment in a forthcoming budget.

Dispose upon completion of remediation

Recommendation:

That the land be disposed of following completion of any required remediation

Medium

Future extension of Saxon Avenue, Murrumbateman

Lot 4 DP854301

Zoned R5 Large Lot Residential

6,810m²

$58,911

(pro rata)

N/A

Road extension not required into (recent) Isabel Drive development.

Obtain valuation and negotiate/ seek Expressions of Interest from adjacent owners including Merryville Community Association.

Recommendation:

That the land be disposed of following completion of the valuation

High

9-13 Dutton Street, Yass

Lot 9 DP1099562

Lot 10 DP1107012

Lot 11 Sec 19 DP759136

Lot 12 Sec 19 DP759136

Zoned R3 Medium Density Residential

7,265m² (total)

$537,666

N/A

Undertake structural/heritage assessment on Squatter’s Home Inn ruins in 2020-21.

Obtain quote for contaminated land assessment.

Include funding for assessment in a forthcoming budget.

Review occupation of Lot 12 and prepare formal lease of site if appropriate.

Progress creation and acquisition of strip of land at rear from NSW Land Registry (not in any ownership).

Depending on outcome of above assessments dispose of Lots 9, 10 and 11.

Recommendation:

That a future report be presented to Council to consider disposal following completion of the heritage and contamination assessments and the transfer of the land at the rear of the site and the completion of the housing strategy.

Medium

West corner Grampian and O’Brien St, Yass

Lot 1 DP1087704

Zoned R1 General Residential

1,011m²

$139,000

N/A

Not a designated reserve, however due to location and passive function consider any need to remain in public ownership within proposed Open Space Strategy.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Low

End of Grevillea Close, Murrumbateman

Lot 3 DP812518

Zoned R5 Large lot Residential

1,998m²

$12,900

N/A

Not required for extension of road network or access to lots to north.

Obtain valuation and negotiate/seek Expressions of Interest from adjacent owners.

Recommendation:

That the land be disposed of following completion of the valuation

Medium

Corner Hadlow Drive & Brooks Creek Lane, Gundaroo

Lot 1 DP544857

Zoned RU1 Primary Production

974m²

$3,610

N/A

Ascertain interest and negotiate with adjacent owner to acquire.

Recommendation:

That the land be disposed of to the adjacent owner

Low

Faulder Avenue, Yass (north of Transfer Station)

Lot 5 DP582330 (part)

Zoned B5 Business Development

3.155 ha

$52,426

(pro rata)

N/A

Undertake updated biodiversity assessment. Engage consultant/ surveyor to prepare a Development Application for subdivision (7 lot plus road, plus expansion area for Transfer Station. Between Faulder Avenue and spur rail line only.)

Obtain quote for updated biodiversity assessment and subdivision proposal for land between Faulder Ave and tram line only.

Include funding for finalising subdivision application in a forthcoming budget.

Recommendation:

That a future report be presented to Council on this land following completion of the biodiversity assessment

High

67 Rossi St, Yass - (Goodradigbee Centre)

Lot 8 DP1132197 (part)

Zoned B2 Local Centre

$214,838

(pro rata for all of lot 8))

$26,000 pa

Lease with Valmar over Goodradigbee Building, parking area and carport only

Engage consultant/surveyor to prepare Development Application for a 2 lot subdivision separating Goodradigbee building from adjacent sheds.

Include funding for survey and consultancy work in a forthcoming budget.

Upon registration of plan, obtain valuation and seek expressions of interest or undertake open market sale for lot occupied by sheds.

Recommendation:

That:

1. The land occupied by the shed be disposed of following completion of the subdivision and valuation

2. A future report be presented to Council in relation to the sale or otherwise of the Goodradigbee building

High

Gasworks, Dutton Street, Yass

Lots 13,15,16 Sec 19 DP759136

Lot 14 DP1130367

Zoned SP1 Special Activities

4,578m²

$207,334

(pro rata)

$50 pa

Include contaminated land monitoring as required under current EPA Voluntary Management Plan in forthcoming budget.

Review and update existing lease of site.

Recommendation:

That the current lease of the site be updated

High

COMMUNITY LAND

Stage 3 Discovery Drive, Yass

Lot 63 DP1079585

Zoned R1 General Residential

8,428m²

$53,600

N/A

Reclassify to Operational Land.

Engage consultant/ surveyor to prepare modification to development consent, replacing road extension with cul-de-sac head and pedestrian/cycle path to Reddall Street. Include funding for survey and consultancy work in a forthcoming budget.

Upon registration of plan, obtain valuation and seek expressions of interest or undertake open market sale for lots.

Recommendation:

That the land be disposed of following reclassification to operational (including a mandatory public hearing) and the existing Consent being modified

High

Discovery Drive Reserves, Yass

Lots 9 and 19 DP1071431

Zoned R1 General Residential

842m² and 705m²

$130,300

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine whether need to retain both areas of open space opposite each other.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Low

Yeo Crescent, Yass

Lot 20 DP813992

Zoned RE1 Public Recreation

$268,000

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine need to retain given no recreational infrastructure on site and proximity to Walker Park.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Medium

Cnr Discovery Drive and Cooks Hill Road, Yass

Lot 4 DP1071431

Zoned R1 General Residential

5,958m²

$51,100

N/A

Determine interest in the land from Onerwal LALC.

May be some development potential on eastern part of lot – (excluding Rocky Knoll) however new Aboriginal Cultural Heritage Assessment will be required to demonstrate this.

Recommendation:

That negotiations be commenced with Onerwal LALC

Medium

Walker Park, Yass

Lot 1 DP 163390 (part)

Zoned RE1 Public Recreation

7 ha

$235,385

$618.80 pa (2020/21)

Lease Expiry Date: 30 July 2023

Include preparation of an Open Space Strategy within next Operational Plan.

Undertake preliminary Biodiversity assessment to determine values present.

Determine whether part of lot which is currently fenced and leased is required to remain as open space.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Medium

Merriman Drive, Yass

Lot 1 DP862942 (part)

Zoned RE1 Public Recreation

$87,000

(pro rata for all of Lot 1)

N/A

Include preparation of an Open Space Strategy within next Operational Plan.

Determine whether part of lot adjacent to existing residential development is required to remain as open space.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Low

Woods Close, Murrumbateman

Lot 14 DP832243

Zoned R5 Large Lot Residential

6,808m²

$65,800

$211.40 pa (2020/21)

Lease Expiry Date: 30 June 2023

Include preparation of an Open Space Strategy within next Operational Plan.

Although this was created as a Public Reserve as part of the subdivision, it is leased to the adjoining landowner. Determine whether need to retain.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Medium

Wee Jasper village

Lot 14 DP255410

Zoned part RU5 Village part W1 Waterway

4.53ha

$18,300

$247.40 pa (2020/21)

Lease Expiry Date: 30 June 2023

Include preparation of an Open Space Strategy within next Operational Plan.

Although this was created as a Public Reserve as part of the subdivision, it is leased to the adjoining landowner. Determine whether any need to retain.

Recommendation:

That a future report be presented to Council on this land following completion of the Open Space Strategy

Medium

YVC LEASE or TRUSTEE FOR

Senior Citizens’ Hall, Yass

Lot 2 DP523871

Purchased in 1967 with funds provided by Yass Senior Citizens’ Club.

Land and facility is within the APEX facility.

Note:

Senior Citizens Club pays no rates and charges are waived under current Donations Policy.

As Council does not manage nor maintain the Hall, the Trust should be extinguished and handed back to Yass Senior Citizen’s Club.

Recommendation:

That legal advice be sought to extinguish the Trust and return the facility to the Yass Senior Citizens Club

Medium

Old Mullion Schoolhouse

Lot 258 DP821085

Lot 139 DP751834

Zoned RU1 Primary Production

9,394m²

N/A

Lease with NSW Education expired in 2009. Minimal community use of the building/land, and there is another community hall on Council land nearby.

Advise NSW Education that Council has no further interest in the property.

Recommendation:

That NSW Education be advised Council no longer has any interest in the site

High

2. The preparation of a Yass Valley Open Space Strategy be included in the 2021/22 Operational Plan.

(Jones/Turner) 196

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

AGAINST: Nil

At 04:26 pm Councillors Jones and McManus left the Chambers.

6.1C Council Owned and Managed Land Assets

RESOLVED that the recommendations in the following table for property 8 (i.e. Chinamans Creek Carpark, Yass) be endorsed:

Land Description

Valuer General Value

1/7/2019

(Pro Rata where part of larger valuation)

Lease Income/

Expenditure

Recommendation

Priority

Chinamans Creek Carpark, Yass

Lot 4

DP 557069

$122,196

(pro rata)

Lot 5

DP 559028

$19,541

(pro rata)

N/A

Obtain valuations and negotiate/seek Expression of Interest from adjacent landowner for Lot 5 DP559028 (adjoins rear of Bargain Base /Elders building).

Discussion: Lot 5 is not relied on to access any other businesses in the vicinity and forms part of the rear loading and parking area to the adjacent premises.

Recommendation:

That negotiations be commenced with the adjoining landowner for the sale of the land following completion of a valuation report

Obtain valuation and negotiate/seek Expression of Interest from the adjacent landowner, the Yass Soldiers Club for Lot 4 DP557069.

Discussion: The Soldiers Club land holding abuts the north west and north east boundaries of the site. They have previously expressed an interest in acquiring this lot for car parking purposes (refer separate report). Lot 4 is currently underutilised by surrounding businesses and the general community. It is not relied on to access any other businesses in the vicinity.

Any disposal of Lot 4 DP557069 should incorporate an exchange of the strip of land which includes the channelised section of Chinamans Creek between Meehan Street and the rear of the Australian Hotel (part Lot 5 Section 21 DP759136, Part Lot 100 DP1134246).

In addition, there would be significant community benefit in creating continuous public pedestrian access from Park and Ride to Riverbank Park. This will also assist the delivery of the Chinamans Creek Interpretive and Education Trail and Wetlands project under the current Public Space Legacy Program.

Recommendation:

That:

1. A traffic plan be prepared to enable continuous vehicle and pedestrian access from Meehan Street through to Lead Street

2. A future report be presented to Council to consider disposal of the land following completion of a traffic assessment and plan and discussion with the Soldiers Club and other interested parties

Lot 2 DP503355 and Lot 8 DP562963 contain the Atherfield medical centre/ part Australian Hotel carpark (accommodation). While they predominantly support those businesses, they also provide access from Lead Street to the rear of Carpet Court, Belle Mere, Lien’s and Silver Gully businesses. It also has right of ways/easements over Lot 2 which would be costly and complex to resolve. It is recommended that these lots, and well as the two lots over Chinamans Creek, be retained by Council at this time.

Recommendation:

That the land be retained as a public car park and open space

(Frost/Reid) 197

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

AGAINST: Nil

6.2 Yass Soldiers Club

SUMMARY

To present a request to purchase Council owned land at the rear of the Yass Soldiers Club. It is recommended that an exchange of land be negotiated.

RESOLVED that :

1. The request to purchase Council land at the rear of the Yass Soldiers Club be deferred pending the preparation of a traffic plan to enable continuous vehicle and pedestrian access from Meehan Street through to Lead Street.

2. A future report be presented to Council to consider disposal of the land following completion of a traffic assessment and plan and discussion with the Soldiers Club and other interested parties.

(Abbey/Furry) 198

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

AGAINST: Nil

At 04:30 pm Councillors Jones and McManus returned to the Chambers.

6.3 Planning Proposal - 'Coolawin', 208 Sibley Road, Gundaroo

SUMMARY

To advise on the outcome of the request for a Gateway determination for the draft Planning Proposal for part 208 Sibley Road, Gundaroo.

RESOLVED that the Gateway determination for 208 Sibley Road, Gundaroo be noted.

(Abbey/Reid) 199

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

AGAINST: Nil

At 04:31 pm Councillor Burgess left the Chambers.

6.4 Planning Proposal - Kyeema, Gundaroo

SUMMARY

To present a report on the draft Planning Proposal to amend the zone and lot size boundaries as they currently apply to land north of Gundaroo within the Yass Valley LEP 2013, so as to align with the subdivision layout approved by Development Consent DA 185092.

RESOLVED that :

1. Planning Proposal for Kyeema Administrative Amendment (PP.2020.04) be endorsed and forwarded to the Minister for Planning and Public Spaces to request a Gateway determination pursuant to s3.34 Environmental Planning & Assessment Act 1979.

2. Planning Proposal (PP.2020.04) be adopted if no significant objections are received after the public exhibition of the Planning Proposal pursuant to the conditions of Gateway determination in accordance with s3.34(2)(c) Environmental Planning & Assessment Act 1979.

(Abbey/McManus) 200

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

AGAINST: Nil

At 04:33 pm Councillor Burgess returned to the Chambers.

6.5 Development Consent No DA200049 - Subdivision, Isabel Drive, Murrumabteman

SUMMARY

To present a request for a review of determination of Development Consent No DA200049 for the subdivision at Isabel Drive, Murrumbateman. Specifically the request seeks review of conditions relating to conditions imposed for demonstrating electricity and telecommunication supply availability, the voluntary planning agreement (VPA), provision of shared paths, and provision of bus stops.

RESOLVED that :

1. The conditions requiring the Applicant to demonstrate electricity and telecommunications prior to Subdivision Works Certificate be removed as they are not required by Council policy.

2. The conditions relating to the Voluntary Planning Agreement (VPA) be amended to allow a resolution of Council for the draft VPA to be placed on public exhibition as the acceptable point for when a Subdivision Works Certificate could be issued.

3. The conditions relating to the location of shared paths remains in accordance with the conditions of Development Consent, however the standard of construction for the horse trail be reduced to decomposed granite.

4. The condition relating to bus stops be amended to increase the flexibility for achieving the most suitable outcome.

(Furry/Reid) 201

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

AGAINST: Nil

6.6 Development Application No DA190211 - Importation of Material for Internal Access Roads, 33 Hillview Drive, Murrumbateman

SUMMARY

To present an update on the Development Application for the importation of material for internal access roads at ‘Hillview’, 33 Hillview Drive, Murrumbateman. Council resolved to support the Development Application in May 2020 subject to additional information being submitted. The Applicant has not provided satisfactory additional information and therefore it is recommended that the Development Application now be formally refused.

RESOLVED that the withdrawal of Development Application DA190211 for the importation of material and construction of internal access roads at ‘Hillview’, 33 Hillview Drive, Murrumbateman be noted.

(Turner/Reid) 202

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

AGAINST: Nil

6.7 2020/21 Community Grants

SUMMARY

A report recommending grants to be made through Council’s Community Grants Program.

RESOLVED that :

1. The following grants be awarded under Council’s 2020/21 Community Grants Program:

· Binalong Progress Association – $2,720 – floor repairs to hall of historic courthouse

· Binalong Swimming Club – $2,095 – storage reel and lane ropes

· Bowning Public School P&C – $4,000 – shade sail for playground

· Murrumbateman Little Athletics – $2,053 – shipping container to store equipment

· Sutton Pony Club – $3,804 – replacement tank, repair of roof and guttering and shade sail

· Yass Early Childhood Centre – $1,265 – painting of the Centre fascia, walls and fence

· Yass Netball Association – $700 – first aid kits, post pads and club banner

· Yass Public School P&C – $3,000 – canteen mural and bathroom art

· Yass Roos Australian Football Club – $4,000 – replacement of goal posts

· Yass Roos Australian Football Club – $4,000 – goal post pads and equipment storage unit

· Yass Swimming Club – $725 – portable digital i-clocks

2. Applications for a second round of Community Grants be invited in early 2021 and if there are any surplus funds after the second round the money be added to next year’s budget.

(Turner/Frost) 203

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 Infrastructure & Assets Reports

7.1 Cloth Nappy Rebates

SUMMARY

To present a request seeking consideration of introducing a rebate program to encourage the use of cloth nappies.

RESOLVED that the introduction of a cloth nappy rebate scheme be considered as part of the 2021/22 budget process.

(Abbey/Jones) 204

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 Local Roads & Community Infrastructure Grant - Extension of Program

SUMMARY

To determine the allocation of funds of $1,020,648 provided by Australian Government under the Local Roads and Community Infrastructure (LRCI) Program.

RESOLVED that :

1. The Local Roads & Community Infrastructure Extension Program grant for the amount of $1,020,648 be accepted.

2. The projects listed in Option 1 of this report form the basis of Council’s application under the Local Roads & Community Infrastructure Extension Program.

(Furry/Abbey) 205

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

AGAINST: Councillors G Frost, J Jones, M McManus and K Turner

FORESHADOWED MOTION

That:

1. The Local Roads & Community Infrastructure Extension Program grant for the amount of $1,020,648 be accepted.

2. The projects listed in Option 6 of this report form the basis of Council’s application under the Local Roads & Community Infrastructure Extension Program.

Jones/

FORESHADOWED MOTION

That:

1. The Local Roads & Community Infrastructure Extension Program grant for the amount of $1,020,648 be accepted.

2. The following projects, listed below, form the basis of Council’s application under the Local Roads & Community Infrastructure Extension Program.

*Asset*	*Project Name*	*Project Cost - $*
Rural Unsealed Road Network	Gravel re-sheeting	$870,648
Memorial Hall	Replace main hall's timber floor	$120,000
	Replace air conditioning	$30,000
	Sub-total	$150,000
	Total	$1,020,648

McManus/

8. Director of Corporate & Community Reports

8.1 1st Quarter Budget Review 2019/20

SUMMARY

This report represents the 1^st Quarterly Budget Review Statement (QBRS) for the period 1 July 2020 to 30 September 2020 in the financial year ending 30 June 2021.

RESOLVED that :

1. The 1^st Quarterly Budget Review Statement adjustments, as detailed in the attachments, be adopted and the relevant income and expenditure budget adjustments be approved.

2. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 30 September 2020 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

3. That staff investigate the reporting of a quarterly budget versus quarterly actuals.

4. An additional report be brought to the December 2020 meeting explaining the labour costs.

(Abbey/Furry) 206

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 Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 31 October 2020. 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 the Investment Report as at 31 October 2020 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/Reid) 207

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 John Lewis Williams Bequest

SUMMARY

To provide an update on the management of the John Lewis Williams bequest for the advancement of the interests of young people of Yass. The executor of the Estate of John Lewis Williams is supportive of the bequest being forwarded to the Yass District Education Foundation.

RESOLVED that :

1. The John Lewis Williams bequest be forwarded to the Yass District Education Foundation to provide financial assistance to young people in Yass Valley for education support and development in their chosen careers.

2. The financial support provide through the Yass District Education Foundation be known as the John Lewis Williams Award and a representative of the Williams family be invites to present the award to the successful recipient(s) annually.

(Abbey/McManus) 208

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

AGAINST: Nil

ABSTAINED: Councillor J Jones

9.2 Water Rebate Application - Lot 7141 DP1095199 off Wee Jasper Road, Yass

SUMMARY

A request has been received seeking a further rebate for an undetected water leak at Lot 7141 DP1095199 off Wee Jasper Road, Yass. A rebate has already been granted in accordance with Council’s Rebate of Undetected Water Leaks Policy.

RESOLVED that this item be classified CONFIDENTIAL in accordance with Section 10A(2)(b) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the personal hardship of any resident or ratepayer.

(Furry/Reid) 209

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

AGAINST: Nil

9.3 Tender Evaluation Report - Wellington Road Sewage Pump Station Tender RFQ 10014861

SUMMARY

This report provides information on the tender submissions for the construction of the new Wellington Road Sewage Pump Station (SPS). The report also provides information on provision of project management and specialist technical services by Public Works Advisory.

RESOLVED that this item be classified 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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(Furry/Reid) 210

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

AGAINST: Nil

9.4 Leasing of Council Property - 'Hawthorn', Barton Highway, Murrumbateman

SUMMARY

The current five year lease of Hawthorn property expires on 31 January 2021. Yass Real Estate was engaged to undertake a tender process seeking submissions for a five year lease on the property.

RESOLVED that item 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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

(Furry/Reid) 211

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

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the General Manager's Performance Review held on 10 November 2020

REPORT

The General Manager’s Performance Review Committee meeting was held on 10 November 2020. As this meeting relates to a personnel matter concerning a particular individual it is recommended that the matter be dealt with in Closed Session.

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

(Jones/Turner) 212

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

AGAINST: Nil

12.2 Minutes of the Local Emergency Management Committee and Rescue Committee Meetings Held on 20 October 2020

RESOLVED that the minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 20 October 2020 be noted.

(Furry/Reid) 213

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 Canberra Region Joint Organisation Board Meeting held on 26 October 2020

RESOLVED that the Minutes of the Canberra Region Joint Organisation Board meeting held on 26 October 2020 be noted.

(Furry/Reid) 214

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

AGAINST: Nil

12.4 Minutes of the Audit, Risk & Improvement Committee Meeting held on 27 October 2020

RESOLVED that the Minutes of the Audit, Risk & Improvement Committee meeting held on 27 October 2020 be noted.

(Furry/Reid) 215

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

AGAINST: Nil

12.5 Minutes of the Country Mayors Association held on 6 November 2020

RESOLVED that the Minutes of the Country Mayors Association Annual General Meeting and General Meeting held on 6 November 2020 be noted.

(Furry/Reid) 216

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 Water Rebate Application - Lot 7141 DP1095199 off Wee Jasper Road, Yass

Item 13.1 is confidential in accordance with section s10(A)(2)(b) of the Local Government Act because it contains the personal hardship of a resident or ratepayer and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.2 Tender Evaluation Report - Wellington Road Sewage Pump Station Tender - RFQ 10014861

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 section s10(A)(2)(dii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.3 Minutes of the General Manager's Performance Review Committee held on 10 November 2020

Item 13.3 is confidential in accordance with section s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors) and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.4 Leasing Council Property - 'Hawthorn', Barton Highway, Murrumbateman

Item 13.4 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.

(Jones/Frost) 217

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 5.31 pm.

13.2 Tender Evaluation Report - Wellington Road Sewage Pump Station Tender - RFQ 10014861

SUMMARY

This report provides information on the tender submissions and makes a recommendation for the construction of the new Wellington Road Sewage Pump Station (SPS). The report also provides information on provision of project management and specialist technical services by Public Works Advisory.

RESOLVED that :

1. The tender submitted by TWS Evolution Pty Ltd for the construction of Wellington Road Sewage Pump Station (Contract No: RFQ 10014861) be accepted for a total cost of $1,666,225.05 incl GST ($1,514,750.05 ex GST in accordance with TWS Evolution Pty Ltd tender documentation, addendum, submission and subsequent clarifications.

2. A contingency of $303,039 be allocated to the project for normal project risks and the risk of rock.

3. The unsuccessful tenderers be advised of the tender evaluation decision.

4. Public Works Advisory be engaged for project management and specialist technical support and that an allowance of up to $192,500 incl GST ($175,000 ex GST) be made for these services in the project budget.

5. The original budget estimate for the project be increased from $1,600,000 to $1,965,240 and that appropriate amendments be made to the 2020/21 and 2021/22 budgets.

(Abbey/Furry) 218

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

AGAINST: Nil

At 05:37 pm all staff left the Chambers.

13.3 Minutes of the General Manager's Performance Review Committee held on 10 November 2020

RESOLVED that the minutes of the General Manager’s Performance Review Committee held on 10 November 2020 be noted and the following recommendations be adopted:

Item 1 General Manager’s Performance Review 2020:

That:

1. The General Manager’s Performance Review be noted as meets, and at times exceeds, expectations.

2. The General Manager and his team be congratulated on this achievement, considering the challenges of COVID-19.

Item 2 General Manager’s Performance Review 2021:

That the General Manager’s Performance Review Agreement for 2021 be endorsed.

(Abbey/Furry) 219

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

AGAINST: Nil

At 05:40 pm all staff returned to the Chambers.

At 05:40 pm Councillor Abbey left the meeting.

13.1 Water Rebate Application - Lot 7141 DP1095199 off Wee Jasper Road, Yass

SUMMARY

RESOLVED that the request for a water rebate be deferred pending a review of the Water Rebate Policy.

(Turner/Burgess) 220

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

AGAINST: Nil

At 05:54 pm Councillor Jones left the meeting.

13.4 Leasing Council Property - 'Hawthorn', Barton Highway, Murrumbateman

SUMMARY

The current five year lease of Hawthorn property expires on 31 January 2021. Yass Real Estate was engaged to undertake a tender process seeking submissions for a five year lease on the property.

RESOLVED that the current process be abandoned due to the small number of formal offers and that further expressions of interest be sought, using an alternate rural focussed real estate agent.

(McManus/Turner) 221

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

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Reid/Turner) 222

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

AGAINST: Nil

Open Council resumed at 6.07 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Furry/McManus) 223

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

AGAINST: Nil

The meeting closed at 6.08 pm.