YVC_logo_test_transparentOrdinary Meeting of Council

 

 

Thursday 28 July 2022

4.00pm

Council Chambers
209 Comur Street, Yass


 

PRAYER:

 

All Stand:

 

Mayor:                             Let us be still and remember the presence of God. As we commence our meeting let us together pray for guidance and help.

 

All say together: 

 

Almighty God, we ask your blessing upon this Council.

 

Direct and prosper our deliberations to the true welfare of Australia and the people of Yass Valley   Amen.

 

FUTURE MEETINGS

August 2022

 

Thursday 25th                                               4.00pm                       Ordinary Meeting of Council

 

 

 


Ordinary Meeting of Council

A G E N D A

Open Forum                                                                                                                                                              Page No.

 

Webcasting

This meeting is being webcast, a reminder to those in attendance that you should refrain from making any defamatory statements.

Acknowledgement of Country

I acknowledge that we are meeting on the ancestral land of the Ngunnawal people. I recognise the Ngunnawal as the traditional custodians and pay respect to the Elders of the community and their descendants.

 

1.       Prayer

2.       Apologies

3.       Declaration of Pecuniary Interests/Special Disclosures

4.       Confirmation of Minutes

Minutes of Ordinary Council Meeting held on 23 June 2022................................................... 5

5.       Mayoral Minute

5.1       Mayoral Minute - Permanent Flying of the Aboriginal Flag at Memorial Hall, Yass.................. 21

6.       Reports to Council

6.1       2022/23 Local Heritage Grant Program................................................................................ 22

6.2       Victoria Park Crown Reserve Draft Plan of Management....................................................... 26

6.3       Draft Planning Proposal: Discovery Drive, Yass..................................................................... 28

6.4       Draft Yass, Bookham and Wee Jasper Main Street Masterplans............................................. 30

6.5       Development Appplication No. DA210298 - Installation of a Movable Dwelling, 29 Camden Street, Binalong............................................................................................................................. 32

6.6       Yass Historical Society - Request to Relocate........................................................................ 36

6.7       Investment and Borrowings Report - June 2022................................................................... 38

6.8       Rates Arrears...................................................................................................................... 42

6.9       Amended 2022/23 Rate Ad Valorem, Minimum Charges, and Base Charges........................... 43

6.10    Vine Church Request for Rates Exemption........................................................................... 45

6.11    Alive in the Park Event Briefing............................................................................................ 46

6.12    Policy Review - Road Naming Policy..................................................................................... 49

6.13    Rural Fire Service Assets...................................................................................................... 52

6.14    Leasing/Licencing of Council Managed Land......................................................................... 58

6.15    Binalong Banjo Centre........................................................................................................ 59

6.16    Tender Evaluation - Riverbank Park Openspace Precinct (Adventure Playground) Construction - YVC.IA.04.2022................................................................................................................... 60

7.       Notice of Motion

Nil

8.         Questions with Notice

Nil

9.         Minutes and Recommendations of Council Committees

9.1       Minutes of the Sustainability Advisory Committee held on 16 June 2022 and 19 July 2022..... 62

9.2       Minutes of the HumeLink Upper Lachlan Yass Community Consultative Group held on 7 April 2022.......................................................................................................................................... 63

9.3       Minutes of the Canberra Region Joint Organisation Board held on 1 July 2022....................... 76

9.4       Minutes of the Economic Development Advisory Committee held on 28 June 2022.............. 100

9.5       Minutes of the Audit, Risk & Improvement Committee held on 13 July 2022........................ 101

9.6       Minutes of the Yass Soldiers Memorial Hall Advisory Committee held on 14 July 2022......... 102

10.     Confidential Matters.................................................................................................... 103

The following matters are classified as CONFIDENTIAL and will be considered in the Closed Meeting of Council in accordance with Section 10A(2) as they deal with commercial, personnel and legal matters:

10.1    Leasing/Licencing of Council Managed Land....................................................................... 103

10.2    Binalong Banjo Centre....................................................................................................... 103

10.3    Tender Evaluation - Riverbank Park Openspace Precinct (Adventure Playground) Construction - YVC.IA.04.2022................................................................................................................. 103

 

Close of Meeting Time

 

 

 

 

Chris Berry
GENERAL MANAGER

 


 

YVC_logo_test_transparent
 


Minutes of the

Ordinary Meeting of Council

 

Thursday 23 June 2022

4.00pm

Council Chambers
209 Comur Street, Yass

 


Table of Contents

1.         Prayer. 2

2.         Apologies. 2

3.         Declaration of Interest/Disclosures. 2

4.         Confirmation of Minutes. 2

5.         Mayoral Minute. 3

6.         Reports to Council 3

6.1       Development Application DA210220 - Holiday Cabin Additions (Deck) - 5 Micalong Close, Wee Jasper  3

6.2       Development Application No. DA210296 - Function Centre and Temporary Marquee - 196 Brooklands Road, Wallaroo. 3

6.3       Crown Land Reserve Purpose - Murrumbateman Recreation Ground. 4

6.4       Electric Vehicles. 4

6.5       Bridge Renewal Grants 2022. 5

6.6       Investment and Borrowings Report - May 2022. 5

6.11    Supplementary Report - Integrated Planning & Reporting Documents. 6

6.7       Integrated Planning & Reporting Documents. 6

6.8       2022/23 Community Financial Assistance Applications. 8

6.9       Councillor Fees 2022/23. 8

6.10    Coppabella Wind Farm Community Enhancement Fund Advisory Committee. 9

7.         Notice of Motion. 9

8.         Questions with Notice. 9

9.         Minutes and Recommendations of Council Committees. 9

10.       Confidential Matters. 9

10.1    Coppabella Wind Farm Community Enhancement Fund Advisory Committee. 10

10.2    2022/23 Community Financial Assistance Applications. 10


Open Forum

 

Presentations to Council – Items on the Meeting Agenda

Item 6.2 – Development Application DA210296 – Function Centre and Temporary Marquee – 196 Brooklands Road, Wallaroo

·           Glenn Leembruggen

·           Philip Williams - applicant

Council Meeting - The Mayor declared the meeting open at 4.13pm.

 

Present

Councillors Allan McGrath, Mayor, in the chair, Jim Abbey, Kristin Butler, Adrian Cameron, Jasmin Jones, Cayla Pothan, Mike Reid and Kim Turner.

Also present were the General Manager – Chris Berry, Director of Planning & Environment – Julie Rogers, Director of Infrastructure & Assets – James Dugdell, Director of Corporate & Community – Lynette Safranek and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1.       Prayer

2.       Apologies

RESOLVED that apologies be received from Councillors Abbey and Burgess and leave of absence be granted.

(Turner/Reid)          147

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

3.       Declaration of Interest/Disclosures

Nil

4.       Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 26 May 2022 covered by resolution numbers 128-146 inclusive,  copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Jones/Pothan)      148

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

5.       Mayoral Minute

6.       Reports to Council

6.1     Development Application DA210220 - Holiday Cabin Additions (Deck) - 5 Micalong Close, Wee Jasper

 

Summary

To present the assessment of Development Application No DA210220 for holiday cabin additions (new deck) at 5 Micalong Close, Wee Jasper. In April 2022 Council resolved to defer determination of the application to allow the Applicant the opportunity to revise the proposal. A revised proposal has been submitted and has attracted two objections.

 

RESOLVED that conditional Development Consent be issued for Development Application No DA210220 for holiday cabin additions (new deck) at 5 Micalong Close, Wee Jasper.

(Reid/Pothan)        149

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.2     Development Application No. DA210296 - Function Centre and Temporary Marquee - 196 Brooklands Road, Wallaroo

 

Summary

To present the assessment of Development Application No. DA210196 for a function centre including a temporary marquee at 196 Brooklands Road, Wallaroo. The application attracted four submissions and relevant concerns have been addressed/can be addressed by conditions.

 

RESOLVED that conditional Development Consent be issued for Development Application No. DA210196 for a function centre at 196 Brooklands Road, Wallaroo, subject to conditions which limit the number of events and duration of the Development Consent.

(Jones/Turner)       150

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil


 

6.3     Crown Land Reserve Purpose - Murrumbateman Recreation Ground

 

SUMMARY

The Reserve Purpose for Crown Reserve 76555- Murrumbateman Recreation Ground (part) is War Memorial. An additional purpose of Public Recreation is proposed to be added to allow effective management and avoid Native Title implications. 

 

RESOLVED that the Minister for Water, Property & Housing be requested to authorise that an additional reserve purpose of Public Recreation be added in addition to the current War Memorial purpose for Murrumbateman Recreation Ground (Crown Reserve 76555).

(Reid/Pothan)        151

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.4     Electric Vehicles

 

SUMMARY

This report provides advice the state of the Electric Vehicle market, NSW Government initiatives and comparison on the purchase and cost of ownership and environmental impacts between Electric Vehicles (EV) and conventional Internal Combustion Engine Vehicles (ICE). This report can inform part of a future transition to EV fleet strategy to assist council reduce its carbon footprint and any future net-zero targets that may be adopted.

 

RESOLVED that :

1.          The domestic electric vehicle market, the range of vehicles offered, incentives, prices and infrastructure upgrades, continue to be closely monitored to ensure that future decisions made consider fit-for-purpose and providing value-for-money.

2.          Representations be made to the Federal Government for the Fringe Benefit Tax on Electric Vehicles to be removed as an incentive for Local Councils to move their light vehicle fleet away from petrol and diesel vehicles.

3.          A report be brought back to Council for the procurement of an electric vehicle to be added to the Council fleet.

(Turner/Jones)       152

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

 


 

6.5     Bridge Renewal Grants 2022

 

SUMMARY

To present a report on the outcome of grant application under the Bridge Renewal Program 2022.

 

RESOLVED that :

1.         The grants be accepted under the Bridge Renewal Program for the replacement of low level road crossings as follows:

·      Back Creek Road over Back Creek - $2,850,084

·      Nanima Road over Jeir Creek -$1,641,336

·      Greenwood Road (2 of) over Yass River and Murrumbateman Creek - $4,992,856

2.         The Development Contributions Reserve be used to fund Council’s contribution to these projects

3.         The draft 2022/23 Operational Plan be modified to include:

·      $488,000 of additional capital expenditure

·      $390,400 additional grant income

·      $97,600 additional transfer from the Development Contributions Reserve

 (Jones/Pothan)     153

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.6     Investment and Borrowings Report - May 2022

 

SUMMARY

In accordance with clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as of 31 May 2022. 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 be noted.

(Turner/Reid)          154

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil


 

6.11   Supplementary Report - Integrated Planning & Reporting Documents

 

SUMMARY

To present a supplementary report on several late and misplaced submissions relating to the Integrated Planning & Reporting Documents.

 

RESOLVED that the additional submissions received on the Integrated Planning & Reporting Documents be considered with all other submissions.

(Jones/Turner)       155

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.7     Integrated Planning & Reporting Documents

 

SUMMARY

Staff have prepared the Integrated Planning & Reporting (IP&R) suite of documents in accordance with the requirements of the Local Government Act 1993 and the IP&R Guidelines & Handbook and placed on public exhibition. Following consideration of submissions a deficit of $912,000 for the 2022/23 Financial Year is forecasted. This report outlines for Council with the final amendments and provides the amended documents for adoption.

RESOLVED that :

1.         The 2022-2040 Community Strategic Plan, 2022-23 Operational Plan, 2022-32 Long Term Financial Plan, 2022-26 Delivery Program, 2022-23 Revenue Statement, 2022-26 Workforce Management Plan, and 2022 Asset Management Plans be adopted as presented to this meeting.

2.         The annual Ordinary Rates for 2022/23 be made as detailed in the following table and in accordance with the Statement of Revenue Policy within the 2022/23 Operational Plan.

Category

Sub-Category

Ad Valorem

Minimum Charge

Base Charge

Total Yield

Farmland

0.00188651

$716.50

$4,541,452

Residential

Non Urban

0.00185715

$467.50

$3,901,592

Residential

Yass

0.00392924

$710.50

$2,048,974

Residential

Binalong

0.00343278

$710.50

$146,460

Residential

Bowning

0.00343278

$710.50

$81,335

Residential

Wee Jasper

0.00343278

$710.50

$31,928

Residential

Bookham

0.00343278

$710.50

$11,352

Residential

Murrumbateman

0.00259596

$710.50

$189,987

Residential

Gundaroo

0.00259596

$710.50

$182,117

Residential

Sutton

0.00259596

$710.50

$75,463

Business

Sutton and Gundaroo

0.00185715

$467.50

$18,388

Business

Yass and Villages

0.00924915

$710.50

$840,787

ESTIMATED YIELD

$12,069,834

3.         Each annual and consumption charge for water, sewer, liquid trade waste and waste for 2022/23 be made as detailed in the following table and in accordance with the Statement of Revenue Policy.

Description

Annual Charge

Consumption Charge (Per kilolitre)

WATER CHARGES

Water Availability Charge 20mm-32mm

$518.00

Water Usage Charge for the first 5Kl per day

$3.70

Water Usage Charge in excess of 5Kl per day

$4.90

SEWER CHARGES

Sewer Residential Charge

$760.00

Sewer Non-Residential Charge (based on previous years water consumption)

 

Minimum $760.00

Description

Annual Charge

Consumption Charge (Per kilolitre)

TRADE WASTE CHARGE

Liquid Trade Waste charge with appropriate pre treatment

$2.28

Liquid Trade Waste charge without appropriate pre-treatment

$20.00

WASTE MANAGEMENT CHARGES

Domestic Kerbside Collection

$423.00

Vacant Properties

$30.00

Business Waste Collection

$423.00

Waste Management Environmental Charge

$133.00

STORMWATER MANAGEMENT CHARGE

Stormwater Management Charge

$25.00

ON SITE SEWAGE MANAGEMENT CHARGE

On Site Sewer Management Charge

$35.00

4.               The interest rate payable on overdue rates and charges to be adopted at the maximum rate specified by the Minister for Local Government at 6.0% pa.

5.               The unallocated funds from the Local Roads & Community Infrastructure Program grant be allocated to:

·           Project 1 - Upgrade works at Memorial Hall (roof and electrical) - potential project cost $714,454

Further Projects as remaining funding permits:

·           Refurbishment work at the Community Centre - Potential Project Cost $250,000

·           Amenities building at the Murrumbateman Recreation Grounds – Potential Project cost $400,000

·           Binalong Swimming Pool Building Refurbishment – Potential Project cost $30,000

·           Bowning Recreation Grounds Amenities Sewage System – Potential Project cost  $34,454

6.               The suggested amendments by Destination Southern NSW be incorporated into the Delivery Program as matters for consideration.

7.               Browne Street stormwater drainage be limited to an upgrade to the 20% AEP (1 in 5 year return period) event by an increased culvert diameter and relocation of the low spot in the road and included in year 4 of the Delivery Program (estimated cost $100,000).

8.               Continue with the progress of the EoI for the indoor swimming pool at Yass and consider funding the design using Infrastructure Reserve funds if the EoI process is unsuccessful.

9.               The IPART approval of the Additional Special Rate Variation application be noted.

(Jones/Turner)       156

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.8     2022/23 Community Financial Assistance Applications

 

SUMMARY

The report is to consider all applications for 2022/23 Community Financial Assistance by individual and community groups.

 

RESOLVED that item is classified CONFIDENTIAL in accordance with Section 10A(2)(b and c) of the Local Government Act 1993, which permits the meeting to be closed to the public business relating to the personal hardship of a resident or ratepayer and 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)         157

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.9     Councillor Fees 2022/23

 

SUMMARY

To detail the determination of the Local Government Remuneration Tribunal regarding Councillor fees for the 2022/23 year.

 

RESOLVED that :

1.         The decision of the Local Government Remuneration Tribunal that there will be an increase of 2% on Councillor Fees and Mayoral Allowance for 2022/23 be adopted.

2.         The annual payment for Councillors will be $12,650 and $27,600 for the Mayor, to be paid in arrears in equal monthly instalments.

3.         In accordance with clause 4.1.2 Councillor Expenses & Facilities Policy, an amount of $1,500 to be paid in arrears in equal monthly instalments to the Deputy Mayor from the Mayoral Allowance.

(Jones/Pothan)      158

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

6.10   Coppabella Wind Farm Community Enhancement Fund Advisory Committee

 

SUMMARY

In May 2022 Council appointed three community representatives to the Coppabella Wind Farm Community Enhancement Fund Advisory Committee. The terms of reference established in the Voluntary Planning Agreement for the fund the Advisory Committee membership provides for up to two community representatives.

 

RESOLVED that item is classified 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 personnel matters concerning particular individuals (other than councillors).

(Reid/Turner)          159

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

7.       Notice of Motion

Nil

8.       Questions with Notice

Nil

9.       Minutes and Recommendations of Council Committees

10.     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:

10.1                 Coppabella Wind Farm Community Enhancement Fund Advisory Committee

Item 10.1 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.

10.2                 2022/23 Community Financial Assistance Applications

Item 10.2 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  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/Pothan)    160

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

 

Closed Council commenced at 5.13 pm.

10.1   Coppabella Wind Farm Community Enhancement Fund Advisory Committee

 

SUMMARY

In May 2022 Council appointed three community representatives to the Coppabella Wind Farm Community Enhancement Fund Advisory Committee. The terms of reference established in the Voluntary Planning Agreement for the fund the Advisory Committee membership provides for up to two community representatives.

 

RESOLVED that Libby Elliot (Binalong Progress Association) and Sheri Norton (Binalong resident) be confirmed as the community representatives on the Coppabella Wind Farm Community Enhancement Fund Advisory Committee with John McGrath being an alternate for Sheri Norton.

(Turner/Reid)          161

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

10.2   2022/23 Community Financial Assistance Applications

 

SUMMARY

The report is to consider all applications for 2022/23 Community Financial Assistance by individual and community groups.

 

RECOMMENDATION

That:

1.              A total of $60,554 for 2022/23 Community Financial Assistance applications be approved as follows:

Binalong Brahmans RLFC (seating)

$1,000

Binalong Brahmans RLFC (park visitor seating)

$3,000

Binalong Mechanics Institute Land Manager

$1,000

Binalong Mechanics Institute Land Manager

$750

Binalong Progress Association Inc

$1,000

Binalong VRA Rescue NSW

$1,000

Bookham War Memorial Hall Inc

$130

Bowning & District Progress Association

$1,434

Bowning Hall Association

$3,120

Chantal Fleming

$200

Country Women’s Association Yass Branch

$1,325

Goulburn & Southern Highlands Amateur Radio Society

$1,000

Gundaroo Community Association

$381

Gundaroo Literary Institute

$710

Gundaroo Park Land Manager

$1,000

Gundaroo Soldiers Memorial Hall Management Committee

$1,000

Gundaroo Soldiers Memorial Hall Management Committee

$1,000

Headspace Yass

$2,000

Irish & Celtic Music Festival Inc

$1,000

Murrumbateman Progress Association

$1,000

Vine Church Inc

$1,500

Visual Arts Society of Yass Inc

$380

Yass Apex Homes

$2,000

Yass Bowling Club Ltd

$1,000

Yass Golf Club Inc

$1,000

Yass Lawn Tennis Club Inc

$1,000

Yass Senior Citizens Club Inc

$2,624

Yass Swimming Club

$2,000

Yass Touch Association

$2,000

Yass Valley Concert Band

$2,000

Yass Valley Triathlon Club

$2,000

2022/23 Village Improvement Funds for Bookham, Sutton, Murrumbateman, Wee Jasper ($5,000 each)

$20,000

Total

$60,550


 

 

AMENDMENT

RESOLVED that a total of $81,438 for 2022/23 Community Financial Assistance applications be approved as follows:

 

Binalong Brahmans RLFC (seating)

$1,000

Binalong Brahmans RLFC (park visitor seating)

$3,000

Binalong Mechanics Institute Land Manager (Windows)

$2,000

Binalong Mechanics Institute Land Manager (Rates)

$750

Binalong Progress Association Inc (Basketball System)

$1,901

Bookham War Memorial Hall Inc (Rates)

$130

Bowning & District Progress Association (Rec Ground Fencing)

$1,434

Bowning Hall Association (Rates)

$1,120

Bowning Hall Association (Wheelchair Access)

$2,710

Chantal Fleming (Beauty pageant)

$200

Country Women’s Association Yass Branch (rates)

$1,325

Goulburn & Southern Highlands Amateur Radio Society (UHF CB Repeater)

$1,000

Gundaroo Community Association (Rates)

$381

Gundaroo Literary Institute (Rates)

$710

Gundaroo Park Land Manager (Amenities Block)

$4,000

Gundaroo Soldiers Memorial Hall (Film & Sound Projection)

$1,000

Gundaroo Soldiers Memorial Hall (Dishwasher)

$2,370

Gundaroo Soldiers Memorial Hall (Rates)

$1,000

Headspace Yass (Youth Mental Health First Aid)

$12,000

Irish & Celtic Music Festival Inc

$1,000

Murrumbateman Progress Association (Rural Talk Tent)

$1,903

Vine Church Inc (Rates)

$1,500

Visual Arts Society of Yass Inc (event signage)

$380

Yass Apex Homes (Pergola)

$2,000

Yass Bowling Club Ltd (Rates)

$1,000

Yass Golf Club Inc (Rates)

$1,000

Yass Lawn Tennis Club Inc (Rates)

$1,000

Yass Senior Citizens Club Inc (Tile work)

$2,624

Yass Swimming Club (Equipment improvements)

$4,000

Yass Touch Association (Megaphone and Line Marker)

$3,000

Yass Valley Concert Band (New music, instruments, banners)

$4,000

Yass Valley Triathlon Club (Equipment)

$5,000

2022/23 Village Improvement Funds for Bookham, Sutton, Wee Jasper
($5,000 each – other villages are included in applications above)

$15,000

Total

$81,438

(Jones/Cameron)  162

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

 

AMENDMENT BECOMES THE MOTION

RESOLVED that a total of $81,438 for 2022/23 Community Financial Assistance applications be approved as follows:

 

Binalong Brahmans RLFC (seating)

$1,000

Binalong Brahmans RLFC (park visitor seating)

$3,000

Binalong Mechanics Institute Land Manager (Windows)

$2,000

Binalong Mechanics Institute Land Manager (Rates)

$750

Binalong Progress Association Inc (Basketball System)

$1,901

Bookham War Memorial Hall Inc (Rates)

$130

Bowning & District Progress Association (Rec Ground Fencing)

$1,434

Bowning Hall Association (Rates)

$1,120

Bowning Hall Association (Wheelchair Access)

$2,710

Chantal Fleming (Beauty pageant)

$200

Country Women’s Association Yass Branch (rates)

$1,325

Goulburn & Southern Highlands Amateur Radio Society (UHF CB Repeater)

$1,000

Gundaroo Community Association (Rates)

$381

Gundaroo Literary Institute (Rates)

$710

Gundaroo Park Land Manager (Amenities Block)

$4,000

Gundaroo Soldiers Memorial Hall (Film & Sound Projection)

$1,000

Gundaroo Soldiers Memorial Hall (Dishwasher)

$2,370

Gundaroo Soldiers Memorial Hall (Rates)

$1,000

Headspace Yass (Youth Mental Health First Aid)

$12,000

Irish & Celtic Music Festival Inc

$1,000

Murrumbateman Progress Association (Rural Talk Tent)

$1,903

Vine Church Inc (Rates)

$1,500

Visual Arts Society of Yass Inc (event signage)

$380

Yass Apex Homes (Pergola)

$2,000

Yass Bowling Club Ltd (Rates)

$1,000

Yass Golf Club Inc (Rates)

$1,000

Yass Lawn Tennis Club Inc (Rates)

$1,000

Yass Senior Citizens Club Inc (Tile work)

$2,624

Yass Swimming Club (Equipment improvements)

$4,000

Yass Touch Association (Megaphone and Line Marker)

$3,000

Yass Valley Concert Band (New music, instruments, banners)

$4,000

Yass Valley Triathlon Club (Equipment)

$5,000

2022/23 Village Improvement Funds for Bookham, Sutton, Wee Jasper
($5,000 each – other villages are included in applications above)

$15,000

Total

$81,438

(Jones/Cameron)  163

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

 

RESOLVED that the meeting move into Open Council.

(Turner/Jones)       164

 


 

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

 

Open Council resumed at 5.54 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Jones/Cameron)  165

 

FOR:                Councillors K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST:     Nil

The meeting closed at 5.55 pm.

llan McGrath
Mayor


Ordinary Council Meeting 28 July 2022

5.1     Mayoral Minute - Permanent Flying of the Aboriginal Flag at Memorial Hall, Yass

 

 

SUMMARY

Presenting a proposal to fly the Aboriginal Flag permanently at Memorial Hall, Yass in recognition of our first Australians.

RECOMMENDATION

That the Aboriginal flag be permanently flown together with the National flag at the front of the Memorial Hall.

REPORT

The State Government has recently made an historic decision to remove the State flag and fly the Aboriginal flag on the Sydney Harbour Bridge in its stead. The NSW Flag dates from 1876 when New South Wales was still a British colony.

I have been requested to put this proposal to Council and I support it. I regard it as a due recognition of the first Australians which in my view. is well overdue.

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.1     2022/23 Local Heritage Grant Program

 

 

SUMMARY

To present a report on the completion of the 2021/22 Local Heritage Grants and the recommendations from the 2022/23 Local Heritage Grants Assessment Panel.

 

RECOMMENDATION

That:

1.         The expenditure and reimbursement for the 2021/22 Local Heritage Grants Program be noted.

2.         The following funding be provided in the 2022/23 Local Heritage Grant Program:

“Benochy” 46 Orion Street Yass

$2,900

25 Fitzroy Street Binalong (The Old Produce Store)

$3,000

112-114 Comur Street Yass (Capital Chemist Pharmacy)

$3,000

Bowning Hall, 3 Short St, Bowning

$750

124 Comur Street Yass (DJ’s Butcher)

$3,000

42 Cork Street Gundaroo (Grazings- Former Royal Hotel)

$3,000

172 Comur Street Yass (Liberty Theatre)

$3,350

 

Financial IMPLICATIONS

In May 2021, Council accepted a two year funding offer from Heritage NSW for 2021/22 and 2022/23 of 1:1 up to $5,500 (ex GST) per year. In 2022/23 Council is contributing $13,500 towards a total budget of $19,000.

POlicy & Legislation

·        Yass Valley Local Environment Plan 2013

·        Financial Assistance, Grants and Donations Policy

REPORT

Each year Council with the assistance from Heritage NSW facilitates an annual Local Heritage Grants Program. The aim of the Program is to promote conservation of heritage items identified in the Yass Valley Local Environmental Plan 2013 and can assist property owners to carry out restoration works.

2021/2022 Local Heritage Grant Program

Nine grants were awarded in the 2021 Program with eight projects successfully completed. The types of work undertaken included roof repairs, floor repairs and painting.


 

 

A total of $16,600 was awarded to eight applicants that successfully completed the program as follows.

Heritage Item Address

Project Description

Project cost

Applicant’s contribution

Local Heritage Funding

Binalong Mechanics Institute, 15 Wellington Street, Binalong

New timber flooring on the stage area including fine sand and coat

$5,445.00

$2,945.00

$2,500.00

Cooma Cottage, Yass Valley Way, Yass

Provide new post and wire fencing between internal grounds and paddocks

$4,280.00

$2,780.00

$1,500.00

The Caledonia Store, 32 Cork Street, Gundaroo

Restore balustrade with bespoke 3-rail timber dowell slat balustrade

$6,300.00

$4,225.00

$2,075.00

28 Fitzroy Street, Binalong (General Store)

Replace leading roof with a like for like replacement

$13,959.80

$10,959.80

$3,000.00

“Darcyville”, 18 Pritchett Street, Yass

Clean, repair and paint roof

$3,200.00

$1,600.00

$1,600.00

Bowning Hall

Repair water damaged floor in the hall supper room

$7,837.70

$4,537.70

$3,300.00

St James’ Church, Bowning

Seal the roof and external wall at the western end of Church to prevent bird access

$1,934.20

$1,309.20

$625.00

120 Rossi Street, Yass

Replace the verandah

$14,420.00

$12,420.00

$2,000.00

 

Total

$57,376.70

$40,776.70

$16,600.00

St Mark’s Church Gundaroo was offered $2,000 towards repairs and maintenance to the roof area of the Church, however they did not complete the Agreement for Financial Assistance 2021/2022, nor the project.

2022/23 Local Heritage Grants Program

This year’s Program received 16 applications and were assessed by a Council Panel against the Financial Assistance, Grants and Donations Policy. No pecuniary or non-pecuniary interests were declared prior to assessment by Panel Members.


 

 

A summary of the Panel’s Assessment is included in Attachment A and it recommends that the following applications be offered funding under the 2022/23 Program:

Heritage Item Address

Project Description

Proposed Project Cost

Requested Funding

Recommended Funding

“Benochy” 46 Orion Street Yass

Repairs to leaking roof to prevent further water damage of the building

$5,875.00

$2937.50

$2,900.00

25 Fitzroy Street Binalong (The Old Produce Store)

Repointing, stitching and repair of cracked brickwork

$10,100.00

$4,000.00

$3,000.00

112-114 Comur Street Yass (Capital Chemist Pharmacy)

Prepare and paint the outside of the building

$18,150.00

$4,000.00

$3,000.00

(conditional on the owner discussing a more detailed scope of works with the Heritage Advisor to ensure any associated repairs/preparation of surfaces are identified)

Bowning Hall, 3 Short Street Bowning

Prepare and paint the supper room, kitchen and storeroom

$1,500.00

$770.00

$750.00

124 Comur Street Yass (DJs Butcher)

Prepare and paint top floor facia, gutter and downpipes

$19,800.00

$4,000.00

$3,000.00

42 Cork Street Gundaroo (Grazing, Former Royal Hotel)

Paint roof and undertake minor work to timber facia boards, replace missing flashing, repoint chimneys and secure loose sheets of iron

$34,530.00 and $12,800.00

$4,000.00

$3,000.00

172 Comur Street Yass (Liberty Theatre)

Restoration of external sign

$13,530.00

$4,000.00

$3,350.00

Total

$23,707.50

$19,000

 

There were nine applications that the Panel determined should not be eligible for funding in 2022/23:

·        52-54 Comur Street, Yass- Repairs and repainting of balcony

While this building is in the Yass main street, there are projects on buildings in greater need of attention in the 2022/23 grant round. The owners are encouraged to re-apply in the next round.


 

 

·        11 Queen Street, Binalong - Repainting balcony

The applicant has received funding in two recent rounds. Funding for other applications is considered more appropriate in the 2022/23 grant round.

·        Linton Manor, 22 Glebe Street, Yass - Structural repair of the fence along Glebe Street entrance

Restoration of the buildings on this site will be complex and it is advised that a conservation strategy be prepared to identify priorities and staging of works before proceeding with restorations.

·        Parkwood Chapel, Parkwood Road, Wallaroo – External and Internal Painting

This project has merit but unfortunately there is no mention of addressing the cause of the cracking. Once filled and painted the cracking is likely to re-occur.

·        St Marks Church, Gundaroo - Repairs and maintenance to the roof

It is unclear if this project will be completed in the 2022/23 grant round as the applicant was unable to provide regular updates or reasons for not commencing the project in the last round. The application has also been made for repairs to buildings not in Church ownership without that owner’s written consent.

·        Allambee Club, 76 Comur Street, Yass - Repair, restore and paint façade at the front of the building

The application has merit however it is suggested that they seek advice from the Heritage Advisor with regards to the paint condition on pillars, colour scheme and overall scope of works. They are encouraged to reapply in the 2023/24 grant round.

·        Old School House, 848 Childowla Road, Bookham- Replacement Aluminium Windows

This item is not listed as a heritage item in the LEP and aluminium windows are not generally supported as a conservation product.

·        Bookham Memorial Hall, 24 Fagan Drive, Bookham

Application has merit and suggest they seek advice from Council’s Heritage Advisor re overall scope of works. Encourage to re-apply 2023/24, and/or encourage to apply through NSW Community War Memorials Fund.

·        77-79 Comur Street, Yass – Verandah Reconstruction

Project requires a Development Application, which has not yet been lodged. No quote submitted with application. Encourage to re- apply in 2023/24 round.

 

Strategic Direction

Key Pillar                                                   Our Environment

CSP Strategy                         EN1 -        Our natural enviroment is maintained, protected and enhanced in line with community expectations

Delivery Program Action  EN1.4 -     Advocate for and deliver on the protection of our built-form environment and heritage

Operational Plan Activity                    Provide funding for heritage projects through the Local Heritage Fund

 

ATTACHMENTS:        a.  Assessment Matrix - Local Heritage Grants 2022/2023 (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

6.2     Victoria Park Crown Reserve Draft Plan of Management

 

 

SUMMARY

The draft Victoria Park Plan of Management (POM) is being presented to Council for consideration and it is recommended that it be forwarded to the Minister for Water, Property and Housing to enable public exhibition.

 

RECOMMENDATION

That:

1.         The draft Plan of Management for Victoria Park, Yass be forwarded to the Minister for Water, Property & Housing as owner of the land and to confirm categorisation.

2.         The draft Plan of Management for Victoria Park, Yass be placed on public exhibition under the Local Government Act 1993 and the Plan of Management be adopted if no substantial objections are received.

3.         The Plan of Management be forwarded to the Minister for Water, Property & Housing for adoption and publishing on the Department’s website.

 

Financial IMPLICATIONS

Funding was provided by NSW Crown Lands to support Council’s preparation of Plans of Management (POM). The funding was used to prepare the Victoria Park Masterplan to inform the POM.

POlicy & Legislation

·        Crown Lands Management Act 2016

·        Local Government Act 1993

REPORT

1.       Background

The Victoria Park Masterplan was prepared with input from internal stakeholders, the Caravan Park Managers, and key user groups including Yass Rams Rugby (Seniors and Juniors), Yass Cricket (Seniors and Juniors), Hume Tennis, Spinifex Tennis, Yass High School and Yass Little Athletics. Council adopted the Masterplan at its December 2021 meeting and resolved that it form the basis of a POM under the Crown Land Management Act 2016 and Local Government Act 1993.

The location of Victoria Park is identified in Attachment A.

2.       Report

The Crown Land Management Act 2016 came into force on 1 July 2018. As the appointed land manager, Council is required to prepare a POM for these reserves as if they were community land under the Local Government Act 1993. A POM outlines how the land can be used, developed and managed, how leases and licences or other interests are granted on community land and determines the scale and intensity of current and future use and development on the land.

A draft POM has been prepared for Victoria Park, Yass. It should be noted that Council is awaiting confirmation on the assigned categories for this Reserve, as Crown Lands have not finalised their policy position on caravan parks with permanent residents. However, Council has been advised to submit the draft POM assuming the General Community Use Category will be appropriate for the Caravan Park.

The projects and works identified within the plan will support grant applications under the Crown Reserves Improvement Fund. The draft POM also includes provision for Council to enter into a future long term lease for the proposed redevelopment of Yass Pool.

The draft POM at Attachment B is considered suitable for public exhibition to seek feedback from the community and is consistent with the adopted Victoria Park Masterplan.

 

Strategic Direction

Key Pillar                                                   Our Infrastructure

CSP Strategy                         IN3 -         Our existing community infrastructure is maintained, and we plan for and support the development of infrastructure that meets community need

Delivery Program Action  IN3.2 -      Our community infrastructure is accessible, adaptable and suitable for multiple user groups and fosters inclusive, healthy, and active recreation opportunities

Operational Plan Activity                    Complete the Victoria Park Plan of Management

 

ATTACHMENTS:        a.  Locality Plan (Under Separate Cover)

b.  Draft Plan of Management (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

6.3     Draft Planning Proposal: Discovery Drive, Yass

 

 

SUMMARY

Council purchased land in Discovery Drive in 2014 for the purpose of future development. It is currently classified as Community Land under the Local Government Act 1993. To facilitate its development and/or sale, it is required to be reclassified to Operational Land.

RECOMMENDATION

That:

1.         The draft Planning Proposal to reclassify land at Discovery Drive, Yass (PP.2022.02) be endorsed.

2.         The draft Planning Proposal be forwarded to the Minister for Planning to request a Gateway determination pursuant to s3.34 Environmental Planning & Assessment Act 1979.

3.         Provide public notice of the proposed reclassification of Lot 63 DP1079585 as required under s34 Local Government Act 1993.

Financial IMPLICATIONS

Nil, however a public hearing chaired by a person independent of Council will be required.

POlicy & Legislation

·        Environmental Planning & Assessment Act 1979

·        Local Government Act 1993

·        Yass Valley LEP 2013

REPORT

1.       Background

The subject land is described as Lot 63 DP1079585, with an area of 8,428m2 and is zoned R1 General Residential. Attachment A shows the location of the subject site. The land forms stage 3 of the Discovery Drive development and the 2004 Development Consent for this stage (7 lots) remains valid. Council resolved to purchase the land after the (then) Mortgagee in Possession was unable to attract another buyer.

2.       Report

Under the Local Government Act 1993, Council may before or within three months of acquisition resolve to classify the land as Community or Operational Land. Under s31(2A) of the Act any land that is not classified at the end of the three months following acquisition is taken to be Community Land. 

The report regarding the purchase of the subject land was considered by Council in June 2014. Neither the report nor subsequent resolution of Council made any reference to the proposed classification of the land under the Act. It was clearly intended for future development, and it appears that this was an oversight not to classify the site as Operational Land at the time. The report stated

This land is currently on the market for sale and it is considered unlikely that it will be developed in the near future due to the development costs associated with the current development consent on the land. To ensure a suitable long-term outcome for the community it is concluded that the land in question would be best held in Council ownership. It could also be considered a long-term investment by Council if it proved feasible to close part of Reddall Street and develop additional residential blocks as part of the development of Lot 63.

Since that time, the property market in Yass has increased significantly in value. Council has also finalised the Yass Flood Risk Management Study and Plan which identifies a major overland flowpath over the adjacent section of Reddall Street, removing any potential for conversion of part of this road reserve for additional residential development as suggested at the time of purchase. Once the land is reclassified Council can then determine its intention for the future of this land.

As the land was not classified as Operational Land by Council s27(1) of the Act states that reclassification of public land can occur by amending the Yass Valley LEP 2013 via a Planning Proposal under the Environmental Planning & Assessment Act 1979. A draft Planning Proposal has been prepared and included as Attachment B. It is recommended that the draft be endorsed and forwarded to the Minister for Planning to request a Gateway determination. Public notice and a public hearing under the Act will be required.

Strategic Direction

Key Pillar                                                   Our Environment

CSP Strategy                         EN3 -        We have a robust planning framework that considers our rural character and natural landscapes

Delivery Program Action  EN3.1 -    Develop sustainably, integrates environmental, social and economic factors which are in the best intrests of the community and the region

Operational Plan Activity                    Complete a planning proposal to insert planning controls from the Yass Floodplain Risk Management Study and Plan into the Yass Valley Local Environmental Plan 2013

ATTACHMENTS:        a.  Locality Plan (Under Separate Cover)

b.  Draft Planning Proposal (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

6.4     Draft Yass, Bookham and Wee Jasper Main Street Masterplans

 

 

SUMMARY

To present a report on the preparation of the draft Yass, Bookham and Wee Jasper Main Street Masterplans and recommend the plans be placed on public exhibition.

RECOMMENDATION

That:

1.         The draft Yass, Bookham and Wee Jasper Main Street Masterplans be placed on public exhibition for 28 days.

2.         The consideration of the draft entry and directional sign options be deferred to 2023/24 as part of the proposed wayfinding project.

Financial IMPLICATIONS

The 2021/22 budget included $80,000 for the Yass Main Street Masterplan, and $12,000 for Bookham and Wee Jasper Masterplans. Any unspent funds will be revoted to 2022/23 budget to allow project completion.

POlicy & Legislation

·        Local Government Act 1993

·        Roads Act 1993

·        AS 1428 Australian Standard – Design for Access and Mobility

·        Yass Valley Local Environmental Plan 2013

·        Community Engagement Strategy

REPORT

1.       Background

The 2021/22 Operational Plan included the following three projects to be undertaken:

·        Yass Main Street Masterplan

·        Bookham Main Street Masterplan

·        Wee Jasper Main Street Masterplan

These also include the development of three new entry sign design options for Yass and the Villages to be used as the template across the Yass Valley.

2.       Masterplans and Community Engagement

Consultants were engaged to undertake this project. This has included site visits, desktop review of current and past plans and strategies and meetings with key internal stakeholders and Transport for NSW.

There has been several organised community consultation and design workshops, with both the community associations/Yass project committee and the wider community on these dates:

·        Yass: Wednesday 9 March, Wednesday 6 April, Saturday 30 April, 13 June 2022

·        Bookham: Thursday 10 March, Thursday 7 April 2022

·        Wee Jasper: Thursday 10 March, Saturday 30 April 2022

The input from the community received to date has informed the development of the draft Masterplans.

The Masterplans are included in Attachments A, B and C.

3.       Entry Signs

Part of the brief was the development of three new entry sign design options for Yass and the villages which would be the basis of new entry signs across Yass Valley. Options for new entry sign designs have been based on preliminary design feedback from the community, as well as concepts within a design prepared by the late prominent local artist Kim Nelson put forward by Council’s Public Art Committee in 2017. The draft designs are in Attachment D.

It is recommended to Council that consideration of these designs be deferred. Given that they are proposed as a template for entry signs across the Yass Valley it is preferrable that this work be done as a separate project with the designs being developed with all the Yass Valley communities. The 2022-2026 Delivery Program identifies a wayfinding strategy to be commenced in 2023/24 which could include the entry signs and sign hierarchy for all of Yass Valley. 

4.       Public Exhibition

The project has sought to engage the community through the stages of the project to maximise input from various user and community groups as well as local businesses and landowners. A successful drop-in session was held on Friday, 15 July 2022 in Yass. 

It is proposed to place the plans on exhibition for a period of 28 days and as part of the public exhibition the following is proposed:

·        Draft plans be placed on Council’s website

·        Promotion of the draft plans on Council’s Facebook page

·        Draft plans will be displayed at Council’s Administration Building Foyer, Yass Library, Barney’s of Bookham and through the Wee Jasper Community Association

·        Draft plans be emailed directly to those who have provided their contact details through previous consultation stages

·        Letters be sent to all affected property owners within the study areas notifying them of the exhibition

·        A letter drop to all businesses within the Yass study area notifying them of the exhibition

·        Notify stakeholder groups such as the Yass Valley Business Chamber, Yass Historical Society etc of the exhibition.

Strategic Direction

Key Pillar                                                   Our Infrastructure

CSP Strategy                         IN2 -         We are proud of our liveable and accessible local places and spaces

Delivery Program Action  IN2.1 -      Our streetscapes are well designed and maintained

Operational Plan Activity                    Complete the Yass Mainstreet Masterplan

ATTACHMENTS:        a.  Draft Wee Jasper Main Street Masterplan (Under Separate Cover)

b.  Draft Bookham Main Street Masterplan (Under Separate Cover)

c.  Draft Yass Main Street Masterplan (Under Separate Cover)

d.  New Entry Sign Concepts (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

6.5     Development Appplication No. DA210298 - Installation of a Movable Dwelling, 29 Camden Street, Binalong

 

 

Summary

To present the assessment of Development Application No DA210298 which seeks to regularise the installation of a moveable dwelling at 29 Camden Street, Binalong. The application was notified and attracted no submissions. Refusal is recommended.

Recommendation

That Development Application No DA210298 for the installation of a moveable dwelling at 29 Camden Street, Binalong, be refused on the following grounds:

·        The proposed development is non-conforming with the objectives and numerical standards of Yass Valley Council Policy Building Line - Urban

·        The installation of a moveable dwelling will have an adverse and unacceptable impact on the character of the locality

·        The Development Application is not in the approved form as required by the EP&A Regulation 2021. Specifically, the documentation submitted with the Development Application are insufficient for the purpose of Council’s assessment

·        The proposed development will result in adverse impacts to the surrounding built environment in accordance with s4.15(b) of the Environmental Planning & Assessment Act 1979 (EP&A Act 1979)

·        The proposed development is not considered to be in the public interest in accordance with s4.15(e) EP&A Act 1979

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

·        Environmental Planning & Assessment Act 1979

·        Environmental Planning & Assessment Regulation 2021

·        Local Government Act 1993

·        State Environmental Planning Policy (Resilience and Hazards) 2021

·        Yass Valley Local Environmental Plan 2013

·        Yass Valley Community Engagement Strategy

·        Application Assessment and Decision Making Policy

·        Building Line – Urban Policy

REPORT

1.       Application Details

Date Received

-

1st December 2021

Land

-

29 Camden Street, Binalong

Area

-

1569m2

Zoning

-

RU5 Rural Village


 

2.       Site Description and Locality

The site is located in an area characterised primarily by large lots within Binalong. Development within the locality is largely comprised of single dwelling houses constructed from lightweight materials. The lot is regular in shape with an area of 1,569m². The site contains an approved shipping container to the rear of the site and a moveable dwelling with associated deck, for which consent is sought.

The site is a corner lot with its primary frontage to Camden Street and secondary frontage to Woolrych Street. There is also an unformed lane to the rear of the site. The site adjoins residential properties with a public reserve located to the east of the site.

A Locality Plan is included in Attachment A.

3.       Proposal

The application seeks Consent to regularise the installation of a moveable dwelling with an associated deck (see Figures 1 & 2 below).

The moveable dwelling is currently on wheels however the applicant has outlined in their Statement of Environmental Effects that they would remove the wheels and install the dwelling on piers with a tie-down system if approved by Council. It is also proposed to install an on-site effluent system.

The moveable dwelling measures 33m2 comprising 1 bedroom, combined bathroom and laundry and open plan living room. A moveable dwelling is defined under the Local Government Act 1993 as follows:

(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b) a manufactured home, or

(c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.

An attached deck is detailed on the site plan however there are no details regarding its dimensions.

https://lh3.googleusercontent.com/pw/AM-JKLWzCBPmIeIFob0sSaM-bARdmLQaaWel9hCDJPgsMVa9tAB4jCLn2GXyB2QkCFSXk7YLsdwXg8tMcxy8yjt_-001ixQ4KLryan-REjlssli6ljSBSCKKC_FITv5e9gbRlfsEfaT9-9T2obUyGbZ-omh7-g=w1131-h848-no

Figure 1 – Moveable Dwelling viewed from Camden St (Facing South)

https://lh3.googleusercontent.com/pw/AM-JKLVlMTf21454W7upxrQav-v9jR9yD2Hu592s2UTsHE9dtYx98Jm14EVOXzAaRD_ayGcEFDM2hiIWhMmWoXMvsXTPu7PKP3Q0RnDksxLa-PB9KPkETxAGlfLpuM0RsBCEX3sjmIE6EpS8hNYpcS9jm_altg=w1175-h881-no

Figure 2 – Moveable Dwelling viewed from Woolrych St (Facing North)

Details of the proposal are included in Attachment B.

4.       Public Exhibition

Public exhibition included notice to the adjoining and nearby landowners for a period of 14 days, from 27 June 2022 until 11 July 2022. No submissions have been received.

5.       Referrals

The proposal was referred internally for environmental health, building and bushfire comment. No objections have been raised subject to the inclusion of requirements in any approval that maybe issued.

6.       Assessment

The proposed development has been assessed against the requirements of s4.15 Environmental Planning & Assessment Act 1979. It is considered that the proposed development cannot be supported for the reasons outlined in the Assessment Report (refer Attachment C).

The following planning issues have been identified during the assessment.

6.1       Character of the Locality and Setbacks

Setbacks for the proposed moveable dwelling are not in accordance with Building Line – Urban Policy. Section 4.1.3 of the Policy requires Class 1(a) Buildings on a corner lot to have a 6m front setback and minimum 6m secondary setback where no established building line exists.

The moveable dwelling proposes a 3m secondary setback which does not comply with Council’s Policy and no request for variation of the setback has been provided. Furthermore, the dwelling has been designed and oriented such that there are large expanses of blank walls addressing the streetscape resulting in a poor streetscape outcome on a prominent corner site within the village; a lack of passive surveillance opportunities; and no sense of address. For these reasons the development is incompatible with the desired character of the locality.


 

6.2       Adequacy of Information Submitted

The Development Application is not in the approved form as required by the EP&A Regulation 2021. Specifically, the documentation submitted with the Development Application is insufficient for the purpose of Council’s assessment as:

·        The elevation plan does not accurately depict the moveable dwelling including the location of windows and doors. It is also unclear from the plans submitted how the dwelling orients to the primary and secondary frontages; and

·        The plans do not accurately detail the deck area.

6.3       Access and Car Parking

The moveable dwelling does not provide for any formalised vehicular access or car parking. While Council’s Off-Street Carparking Policy does not specifically set car parking rates for a dwelling house it is considered appropriate in this instance to provide formal access at a minimum. It is considered this further contributes towards the incompatibility of the development with the character of the area. 

7.       Conclusion

From the assessment of the proposal and consideration of issues raised it is recommended that the application be refused.

In the event that the application is refused, a compliance and enforcement process will be commenced in relation to the moveable dwelling and onsite sewage management facility currently on the site. 

Strategic Direction

Theme                                    1. –            Our Environment

Long Term Goal                   EN4 –        Maintain a balance between growth, development and environmental protection through sensible planning

Strategy                                 EN4.2 –    Ensure development application assessment is thorough and efficient

Strategic Action                   EN4.2.1 – Implement the development process and implement changes aligning with the NSW Government’s best practice guidelines.

ATTACHMENTS:        a.  Locality Plan (Under Separate Cover)

b.  Plans of Proposed Development (Under Separate Cover)

c.  s4.15 Assessment (Under Separate Cover)  

 


Ordinary Council Meeting 28 July 2022

6.6     Yass Historical Society - Request to Relocate

 

 

SUMMARY

A written request has been received from the Yass Historical Society to relocate to office space located at the front northern side of the Yass Soldiers Memorial Hall with main street access.

RECOMMENDATION

That:

1.         Expressions of interest be called for the use of northern 3 room section and the southern room at the front of the Yass Soldiers Memorial Hall.

2.         A further report be brought back to Council to consider any Expressions of Interest.

Financial IMPLICATIONS

Nil.

POlicy & Legislation

·        Local Government Act 1993

·        Leasing of Council Property Policy

REPORT

The Yass Historical Society currently occupies parts of the upstairs rooms within the Soldiers’ Memorial Hall and has done so for some 40 years. The Society houses a large collection of local memorabilia and historical records.

A recent building dilapidation report identified high priority works for the preservation of the Hall as being replacement of the roof and electrical upgrade works. Council will tender the schedule of works for the roof and electrical replacement as soon as possible. Prior to any work commencing the archives collection housed in the upstairs rooms would need to be relocated.

A number of community and not-for profit groups along with commercial lease requests for use/hire for both areas have been received in the last 12 months, which Council has not considered previously due to the potential of obtaining grant funding for the full upgrade of the Hall. Council has since been advised that its application was not accepted into the next round, subsequently funding has been allocated in the 2022/23 capital works budget to undertake priority works.

In February 2021, the Yass Soldiers Memorial Hall Committee considered a request from the Yass RSL Sub-branch for use of these rooms. At the time the Yass RSL Sub-branch were advised that pending a grant application for upgrades to the hall that Expressions of Interest would be advertised with a further report to Council for consideration.

Council is currently in a position to consider applications now that work is restricted to the roof replacement and electrical upgrades being undertaken in 2022/23 financial year.

Due to limited commercial space availability in the main street of Yass, both spaces may be highly sort after.

The area contained within the northern rooms requires new floor covering and painting throughout to bring it up to a suitable standard for use. Currently both front areas have independent electricity meters, and any future tenant would be responsible for connection and payment of services.

Considering this advice has already been provided to a local community group, it may be considered to be fair and consistent that Council seek a new round of Expressions of Interest for the 3-room area on the northern side of the Hall and also for the single room on the southern side at the front of the Hall.

Strategic Direction

Key Pillar                                                   Our Infrastructure

CSP Strategy                         IN3:            Our existing community infrastructure is maintained, and we plan for and support the development of infrastructure that meets community need

Delivery Program Action  IN3.5 - Management of community infrastructure is supported by strong relationships between Council and community groups

Operational Plan Activity                    Review of all agreements for use of community infrastructure managed by Council

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.7     Investment and Borrowings Report - June 2022

 

 

SUMMARY

In accordance with clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as of 30 June 2022. 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.

 

RECOMMENDATION

That Council note this Investment Report.

 

Financial IMPLICATIONS

The investment portfolio assists with Council’s cash flow and funding of projects identified in the Operational Plan.

POlicy & Legislation

·        s625 Local Government Act 1993

·        Clause 212 Local Government (General) Regulation 2005

·        Investment Policy

REPORT

1.       Comments on Economic Climate: June 2022

The Australian economy

Economic conditions in Australia continued to appear sound, though there is a slower tone coming through in the data. The strength of the job market continued to surprise in the May report, with the economy adding 60.6k new jobs in the month, and the participation rate climbing, from 66.3% to 66.7%. Consumer confidence slowed in its June reading, as did business sentiment. Home loans slumped in May and auction clearance rates, especially in Sydney, continued to decline.

The Reserve Bank of Australia delivered a hawkish surprise with a 50bps hike in June, taking Australia’s cash rate to 0.85%. Market pricing suggests that the cash rate could reach 3.75% this cycle. This is a very aggressive outlook, likely also reflecting uncertainty on the RBA’s expected reaction to forthcoming growth and inflation data.

It is worth noting that on 5 July 2022 the RBA board decided to increase cash rate by 50 points to 1.35%.

The global economy

In the US, the ISM manufacturing survey surprised by increasing in May, up from 55.4 to 56.1. Durable goods orders also remained sound in their latest print. Private payrolls growth also held up well, at 333k in May, though are drifting lower overall. Housing activity indicators, including building permits and housing starts, softened noticeably.

Economic conditions in China continued to look weak, with protracted COVID lockdowns hurting activity. The government recently announced a broad-based economic stimulus package, which could start to stem the decline. While the overall growth picture is slowing, inflation data remained very strong. US headline CPI growth hit 8.6% year-on-year in May, up from 8.3% for April. The core CPI also remained very quick, at 6.0% year-on-year. The Euro area CPI jumped to 8.1% year-on-year, from 7.4% for May. In June, the US Federal Reserve lifted the funds rate another 75bps in its June meeting, taking the benchmark rate from 1.00% to 1.75%.

Source: TCorp Monthly Economic commentary – June 2022

 

2.       Summary of Movements in Council Investments

No investments matured and no new investments were entered into during the month of June.

Opening Balance 1 June 2022

 

$23,200,000

Closing Balance 30 June 2022

 

$23,200,000

Information on Council’s investments are detailed in Attachment A.

3.       Council Loans

Council has four loans with a balance of $15.46m owing at 30 June 2021. The table below provides loan details. Indicative repayments for 2021/22 are shown for both principal and interest, for all current loans. Balances will not change monthly as the most frequent repayment cycle is quarterly.

 

Balance as at 30 June 2021

Balance as at 30 June 2022

Interest Rate

Comment

Principal 2021/22

Interest 2021/22

General Loan

$0

$0

 

 

$0

$0

Sewer: CBA Sewer Infrastructure

$3,778,024

$3,693,096

4.82% Fixed

20 years, repaid in 2035/36

$184,928

$178,809

Water: NAB Dam Wall

$8,611,093

$8,275,818

6.96% Fixed

30 years, fixed rate 10 years to Aug 2022

$335,274

$607,414

Water: Yass to M’bateman

$1,988,019

$1,761,055

2.55% Fixed

10 years, fully repaid in 2029

$226,964

$48,536

Water main and pump station upgrades

$1,086,237

$962,226

2.55%

10 years, fully repaid in 2029

$124,011

$26,519

Total loans

$15,463,373

$14,592,195

 

 

$871,177

$861,278

 

Strategic Direction

Key Pillar                                                   Our Civic Leadership

CSP Strategy                         CL2 -         Council is a financially sustainable organisation that can meet community needs

Delivery Program Action  CL2.1 -     Manage resources in a responsible manner that supports the ongoing viability of Council

Operational Plan Activity Actively manage investments

ATTACHMENTS:        a.  Jun 22 Investments report attachment   


6.7          Investment and Borrowings Report - June 2022

Attachment a Jun 22 Investments report attachment

 

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Ordinary Council Meeting 28 July 2022

6.8     Rates Arrears

 

 

SUMMARY

The report provides an update on rate arrears, charges, and interest for the fourth quarter of the 2021/22 financial year.

RECOMMENDATION

That the report on Rates Arrears be noted.

Financial IMPLICATIONS

Outstanding rates, charges and interest reduce Council’s cash flow.

POlicy & Legislation

·        Yass Valley Council Debt Recovery Policy

REPORT Arrears as of 30 June 2022

Rate arrears for the 2020/21FY totalled $1,241,261.36 which was reduced by 70% to $370,698 by 30 June 2022 (as shown in the table below).

 

Rates and Charges Levied

(inc. interest)

 

$ Paid
1 Jul to 30 Jun

 

Balance Outstanding

% Paid

1 Jul to 30 Jun

Arrears at 30/6/2021

$1,241,261.36

$870,563.53

$370,697.83

70.14%

2021/22 Rates, Charges and Interest

$19,124,583.49

$18,338,597.28

$785,986.21

95.89%

Total

$20,365,844.85

$19,209,160.81

$1,156,684.04

94.32%

Council deals with hardship requests on a case-by-case basis in accordance with Council’s Debt Recovery Policy. For the last quarter of 2021/22, Council received only one hardship request.

Strategic Direction

Key Pillar                                                   Our Civic Leadership

CSP Strategy                         CL2 -         Council is a financially sustainable organisation that can meet community needs

Delivery Program Action  CL2.1 -     Manage resources in a responsible manner that supports the ongoing viability of Council

Operational Plan Activity Abide by Accounting Standards and OLG accounts regulations

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.9     Amended 2022/23 Rate Ad Valorem, Minimum Charges, and Base Charges

 

 

SUMMARY

During the preparation for the running of the rates that the Ad Valorem, Minimum Charge, and Base Charge figures were identified as being incorrect in the June 2022 Council report. This report corrects that reporting error. There is no change to Council’s financial position.

RECOMMENDATION

That the amended Ad Valorem, Minimum Charges, and Base Charge figures as indicated be adopted, and that the 2022/23 Statement of Revenue be amended accordingly.

Category

Sub-Category

Ad Valorem

Minimum Charge

Base Charge

Farmland

0.00188428

$715.50

Residential

Non Urban

0.00185571

$466.50

Residential

Yass

0.00392446

$709.50

Residential

Binalong

0.00342835

$709.50

Residential

Bowning

0.00342835

$709.50

Residential

Wee Jasper

0.00342835

$709.50

Residential

Bookham

0.00342835

$709.50

Residential

Murrumbateman

0.00259263

$709.50

Residential

Gundaroo

0.00259263

$709.50

Residential

Sutton

0.00259263

$709.50

Business

Sutton and Gundaroo

0.00185571

$466.50

Business

Yass and Villages

0.00923734

$709.50

 

Financial IMPLICATIONS

There are no financial implications from this reporting error.

POlicy & Legislation

·        Local Government Act 1993

·        Local Government Regulations 2005

·        Local Government Amendment (Governance & Planning) Act 2016

·        Integrated Planning and Reporting Framework

REPORT

During the preparation for the running of the rates that the Ad Valorem, Minimum Charge, and Base Charge figures were identified as being incorrect in the June 2022 Council report. Staff had several scenarios when preparing the 2022/23 Operational Plan, and unfortunately, the incorrect data was used in the report.

The table below provides a comparison of the reported Ad Valorem, Minimum Charge, and Base Charge figures and the amended figures. There are no financial effects and all other figures stated in the June 2022 Council report are correct. 

Category

Sub-category

Ad Valorem

Amended Ad Valorem

Min. Charge

Amended Min. Charge

Base Charge

Amended Base Charge

Farmland

 

0.00188651

0.00188428

 

 

$716.50

$715.50

Residential

Non Urban

0.00185715

0.00185571

 

 

$467.50

$466.50

Residential

Yass

0.00392924

0.00392446

$710.50

$709.50

 

 

Residential

Binalong

0.00343278

0.00342835

$710.50

$709.50

 

 

Residential

Bowning

0.00343278

0.00342835

$710.50

$709.50

 

 

Residential

Wee Jasper

0.00343278

0.00342835

$710.50

$709.50

 

 

Residential

Bookham

0.00343278

0.00342835

$710.50

$709.50

 

 

Residential

Murrumbateman

0.00259596

0.00259263

$710.50

$709.50

 

 

Residential

Gundaroo

0.00259596

0.00259263

$710.50

$709.50

 

 

Residential

Sutton

0.00259596

0.00259263

$710.50

$709.50

 

 

Business

Sutton and Gundaroo

0.00185715

0.00185571

 

 

$467.50

$466.50

Business

Yass and Villages

0.00924915

0.00923734

$710.50

$709.50

 

 

The estimated yield $12,069,834 remains the same, as does the deficit remain at $912,000 for 2022/23FY, unchanged from the June 2022 Council Report.

As a result of this anomaly, a full audit and route cause analysis is being conducted of the Fees & Charges and Delivery Program to ensure accuracy of data provided to Council and the community, and to ensure that this type of error does not happen again.

Strategic Direction

Key Pillar                                                   Our Civic Leadership

CSP Strategy                         CL2:          Council is a financially sustainable organisation that can meet community needs

Delivery Program Action  CL2.1 -     Manage resources in a responsible manner that supports the ongoing viability of Council

Operational Plan Activity                    Abide by Accounting Standards and OLG accounts regulations

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.10   Vine Church Request for Rates Exemption

 

 

SUMMARY

The Vine Church was granted ‘recurrent donations’ in December 2017 as part of Council’s Grant policy at the time, due to their rating category being ‘Business’. As a result of recent changes to Council’s Financial Assistance, Grants and Donations Policy in February 2022, the Yass Vine Church is no longer eligible for this type of Council funding. This report is to address the prior resolution.

RECOMMENDATION

That the Vine Church be required to apply for Council Rate and Fees & Charges assistance in accordance with Council’s Hardship Policy.

Financial IMPLICATIONS

Approximately $3,540 Rates and Fees & Charges income

POlicy & Legislation

·        Financial Assistance, Grants and Donations Policy

REPORT

In December 2017 Council resolved that the Vine Church receive an annual donation to the value of the rates at 11472 Wee Jasper Road, and the difference in fees and charges above that which would apply if
11472 Wee Jasper was owned by the church.

Under the Local Government Act 1993, land owned by churches or building used as places of worship are entitled to rates exemption. However, Council was advised at its meeting on 22 November 2017 that the Office of Local Government (OLG) on behalf of the Minister, that the assessment for the Vine Church be categorised as business for rating purposes.

In February 2022, Council reviewed, exhibited, and approved a new Financial Assistance, Grants, and Donations Policy. As a result of this update, the Vine Church is no longer eligible for this donation (in accordance with all removal of rating assistance) and are asked to submit a request for Rates and Fees & Charges assistance through Council’s Hardship Policy.

The Vine Food Care Store, a component of the Vine Church provides support to the vulnerable community and received grant funding during the 2021/22 financial year from Council (on behalf of NSW State Government) to the value of $29,500. Council staff continue to look for appropriate funding to further assist the Vine Church as its operations.

Strategic Direction

Key Pillar                                                   Our Community

CSP Strategy                         CO1 -        Our health and wellbeing are supported by equitable access services

Delivery Program Action  CO1.1 - Our community is able to access information, health and services that support physical health and mental wellbeing

Operational Plan Activity                    Support given to organisations who assist vulnerable members of our community

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.11   Alive in the Park Event Briefing

 

 

SUMMARY

This report provides a brief on the Alive in the Park event held at the Riverbank Park Yass on Saturday 21 May 2022. This event was a combined effort by Council and YASSArts.

 

RECOMMENDATION

That the report on the Alive in the Park event be noted.

 

Financial IMPLICATIONS

Council contributed $2,513 from the 2022 Youth Week grant and approx. $7,000 of in-kind support from the Community Services budget.

REPORT

1.         Background

Council was successful in applying for a $3,313 NSW Youth Week 2022 grant. Due to COVID, the planned activities were cancelled. YASSArts approached Council to see if we could assist with a youth, music, and arts event called Alive in the Park. The funding provider was approached and approved the use of the NSW Youth Week funding for this event and Council was able to provide in-kind community assistance.

Alive in the Park aim was to provide an accessible event celebrating live music and art in the Yass Valley, and an opportunity for young locals to perform, up-skill, and be entertained in a safe environment.

Despite Council having not been involved with NSW Youth Week for some time, we were able to create an event that attracted approximately 1,000 young people and their families. For context, Yass Valley is home to 5,101 people aged 0-29 (2016 Census).

Alive in the Park included local live music, roaming performers, markets, food trucks, emergency service vehicle displays (NSW Police, Rural Fire Service, Fire and Rescue, and State Emergency Services, headspace Yass hangout tent, Rotary jumping castle, outdoor cinema, and a colouring in tent.

2.         Council in-kind and financial assistance

Council was able to assist YassArts with:

·      Development Application

·      First aid

·      Portable toilets

·      Lighting towers

·      Waste collection

·      Volunteers

·      Outdoor movie

·      Media

3.         Key outcomes for local young people

·      Alive in the Park provided nine emerging bands from the region a platform to showcase their skills and talents to the community. Four of the musical acts were young Yass Valley locals. All were paid market rates for their time and skill.

·      Three Yass High School students worked alongside experienced sound and lighting technicians.

·      Eleven young people volunteered before, after and at the event, taking part in safety briefs, logistics, marketing, planning, and coordination.

·      Two young people ran the social media accounts before and during the event.

·      A young person took on the role of event spokesperson, gaining experience speaking to the media.

·      Of the 16 market stallholders on the day, 12 were from Yass Valley, with the remainder from Wagga Wagga and Goulburn, and were aged under 30.

·      NSW Police, RFS, Fire and Rescue, SES and headspace Yass were able to raise awareness of their services among local young people.

4.         What locals said about the event (based on survey results)

·      Lots of great things for kids… Great opportunity for the community to connect after years of COVID” (local mother of two teens)

·      [I enjoyed] being with my friends and all the beautiful people (aged 12)

·      Thank you for creating a safe space in which I felt comfortable allowing my daughter to have free time with her friends. They had a wonderful afternoon/evening dancing to the beats and watching the movie (local mother).

5.         What locals liked about the event (based on survey results)

·      Live music

·      Casual/community feel

·      Family-friendly

·      Great location

·      Number of families and children

·      Emergency service displays

·      Food

·      Markets

·      Professional look and feel

6.         Future events

Council often hears there is nothing for young people to do in Yass Valley and yet we know young people’s quality of life significantly improves when they feel connected to their community. Council has a responsibility to encourage and facilitate active and creative participation in community life for all residents, including young people.

Alive in the Park allowed young people to connect with each other after COVID-19. The event also provided a safe space for young people to grow and their ideas to flourish.

Furthermore, Alive in the Park provided Council with a positive image in the community.

As a result, Council is planning to support Alive in the Park in 2023 through various grants and community 2022/23FY budget. Additional funding would ensure the following services/activities can be provided at future events:

·      Free buses to/from villages

·      More creative arts, tents for making, short workshops, opportunities to create and learn from a range of artists

·      More Ngunnawal involvement: a dedicated tent of activities, story, art, smoking ceremony, and dance

·      Complete work at Memorial Hall to provide an alternate location in the case of wet weather

Strategic Direction

Key Pillar                                                   Our Community

CSP Strategy                         CO2 -        We have a vibrant, inclusive, and creative community life

Delivery Program Action  CO2.1 -    Events celebrate the identity of our towns and villages, heritage and culture

Operational Plan Activity                    Assist community with events or activities that celebrate identity, heritage and culture

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.12   Policy Review - Road Naming Policy

 

 

SUMMARY

Good governance underpins the effective delivery of Council services to our community. Council policies are a key component of our governance framework and support the outcomes sought in the Our Civic Leadership strategic pillar within the Tablelands Regional Community Strategic Plan 2016-2036.

Council policies are reviewed to ensure they remain fit for purpose. To that end, the Road Naming Policy has been reviewed and determined to be unnecessary.

 

RECOMMENDATION

That Road Naming Policy be rescinded.

 

Financial IMPLICATIONS

The maintenance of Council policies is a recurrent labour expense in Council’s annual budget. Changes to the Road Naming Policy are unlikely to have material impact on Council’s budget.

POlicy & Legislation

·        Local Government Act 1993

·        Geographical Names Board

REPORT

The current Road Naming Policy (refer Attachment A) has been reviewed and determined to be unnecessary. The content of the policy is simply a restatement of NSW State Government Guidelines and legislation (i.e. Geographical Names Board, s7 Roads Regulation 2018). Rescission of the policy is recommended.

Strategic Direction

Key Pillar                                Our Civic Leadership

CSP Strategy                         CL1:  Council is an effective, responsible and innovate organisation

Delivery Program Action  CL1.4 - Governance provides a sound basis for decision making

Operational Plan Activity Decisions made in accordance with LG Act and Regulations

ATTACHMENTS:        a.  Road Naming Policy   


6.12       Policy Review - Road Naming Policy

Attachment a Road Naming Policy

 

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Ordinary Council Meeting 28 July 2022

6.13   Rural Fire Service Assets

 

 

SUMMARY

Local Government NSW are seeking Council support for a campaign on the financial accounting treatment of Rural Fire Service (RFS) mobile assets. The Auditor General has advised all Councils to undertake a stocktake of the rural firefighting equipment vested to Councils and record the value in the Council’s financial statement. The Auditor General’s management letter to Council highlighted this issue and the response was that Council would not include the rural firefighting equipment in its financial statements as Council does not control the assets. It is recommended that the campaign be supported.

RECOMMENDATION

That:

1.         A letter be sent to the local State Member, the Treasurer the Hon Matt Kean MP, Minister for Emergency Services and Resilience the Hon Stephanie Cook MP and the Minister for Local Government Wendy Tuckerman MP:

a.         Expressing Council’s objection to the NSW Government’s determination on ownership of Rural Fire Service assets

b.         Advising of the impact of the Government’s position on Council finances of this accounting treatment

c.         Informing that Council will not carry out RFS assets stocktakes on behalf of the NSW Government and will not record RFS assets in Council’s financial statements

d.         Calling on the NSW Government to take immediate action to permanently clear up inequities and inconsistencies around the accounting treatment of Rural Fire Service (RFS) assets by acknowledging that rural firefighting equipment is vested in, under the control of and the property of the RFS

e.         Amending s119 Rural Fires Act 1997 so that the effect is to make it clear that RFS assets are not the property of Councils

2.         A letter be sent to the Shadow Treasurer Daniel Mookhey MLC, the Shadow Minister for Emergency Services Jihad Dib MP, the Shadow Minister for Local Government Greg Warren MP, the Greens Spokesperson for Local Government Jamie Parker MP and the leaders of the Shooters, Fishers & Farmers, Animal Justice and One Nation parties Robert Borsak MLC, Emma Hurst MLC and Mark Latham MLC:

a.         Advising Members of Council’s position, including providing copies of correspondence to NSW Government Ministers

b.         Seeking Members’ commitments to support NSW Councils’ call to amend the Rural Fires Act 1997 as set out in correspondence

3.         The Auditor General be advised that notwithstanding any overtures of future qualified audits, Council will not carry out RFS stocktakes on behalf of the NSW Government and will not record RFS assets in Council’s financial statements, noting that the State Government’s own Local Government Accounting Code of Practice and Financial Reporting provides for Councils to determine whether or not they record the RFS assets as council assets.

4.         Re-affirms its complete support of and commitment to local RFS brigades noting that Council’s action is entirely directed towards the NSW Government’s nonsensical position that rather than being owned and controlled by local brigades, RFS assets are somehow controlled by Councils, which Councils consider to be a cynical financial sleight of hand abdicating the NSW Government’s responsibilities at the cost of local communities.

5.         Council affirms its support to Local Government NSW (LGNSW) and requests LGNSW continue advocating on Council’s behalf to get clarification finally from the State Government about the accounting treatment of RFS assets.

Financial IMPLICATIONS

Including the rural firefighting equipment in Council’s financial statements will have a negative impact on Council’s financial position by increasing depreciation

POlicy & Legislation

·        Local Government Accounting Code of Accounting Practice and Financial Reporting

REPORT

Local Government NSW are seeking support the Local Government campaign on the financial accounting treatment of Rural Fire Service (RFS) mobile assets known as the ‘Red Fleet’.

A long-standing dispute over the accounting treatment of the Red Fleet has come to a head with the Auditor-General’s 2021 Report on Local Government on 22 June 2022. The Audit Report reemphasises the State Government determination that RFS assets are the “property” of Councils and must be recorded in Council’s financial statements with Council required to therefore absorb all depreciation costs.

The Audit Office Local Government Report has reinforced the notion that RFS mobile and other fire-fighting assets can somehow be deemed to be Council assets and applies more pressure on Councils and the Office of Local Government (OLG) to conform with this determination, even though Councils do not have effective management or control of these assets.

The letter from the Auditor General directing Council to include RFS equipment is included in Attachment A.

Councils across the State and Local Government NSW (LGNSW) refute this determination. Councils do not have any say in the acquisition, deployment, or disposal of these assets. Comparable assets held by Fire & Rescue NSW (FRNSW) and the State Emergency Service (SES) are not vested anywhere other than with the organisations that purchase, use, maintain and dispose of them.

Councils and LGNSW have also raised concerns that the requirement breaches Australian Accounting Standards. The State Government’s own Local Government Accounting Code of Accounting Practice and Financial Reporting provides for Councils to determine whether to record RFS assets on their books as council assets. This position has been confirmed by the Secretary of the Department of Planning & Environment in his letter to the Auditor-General dated 7 June 2022, presented in Appendix1 on page 47 of the 2021 Local Government Audit Report.

Council notes advice from LGNSW that many Councils are refusing to comply with the Auditor General’s instructions. Councils remained firm in 2021, resisting pressure to record RFS assets with the majority (68), choosing not to record the RFS mobile assets in accordance with the Local Government Accounting Code. This was the same number of Councils as in 2020. LGNSW is encouraging Councils to continue resisting pressure from the Audit Office and make their own determinations notwithstanding overtures that ongoing non-compliance with the Auditor General’s instructions may result in future qualified financial reports.

The latest Audit Report has made further impositions on Council by:

·           Recommending Council undertakes a stocktake of RFS assets and records the value in Council’s financial statements

·           Warning that if Council does not recognise the assets, it will be found non-compliant and will have a high risk finding reported

·           Calling on the Department of Planning & Environment (OLG) to intervene where Councils do not recognise rural firefighting equipment

The Government’s blanket determination is not only nonsensical, but also inconsistent with the treatment of the comparable assets of other emergency service agencies such as Fire & Rescue NSW (FRNSW) and the State Emergency Service (SES). There is no rational reason for maintaining this anomaly.

LGNSW has been advocating this position on Councils’ behalf and has written to the NSW Treasurer the Hon. Matt Kean MP, Minister for Emergency Services, the Hon. Steph Cooke MP, Minister for Local Government the Hon. Wendy Tuckerman MP and the Auditor-General, Ms Margaret Crawford to express the Local Government sector’s strong objection to the NSW Government’s determination, applied by the Auditor General, that RFS assets are the property of Councils for accounting purposes and amend the Rural Fires Act 1997.

LGNSW has advised it will continue its advocacy efforts on Councils’ behalf and is asking all affected Councils in NSW to consider adopting a resolution advising the Audit Office that Council will not carry out the RFS stocktakes on behalf of the NSW Government and will not record RFS assets on Council’s financial statements.

It should be noted that the Canberra Region Joint Organisation Board at its meeting on 1 July 2022 determined to advise the Auditor General that RFS assets should not be included in Councils’ financial statements.

Strategic Direction

Key Pillar                                                   Our Civic Leadership

CSP Strategy                         CL2 -         Council is a financially sustainable organisation that can meet community needs

Delivery Program Action  CL2.1 -     Manage resources in a responsible manner that supports the ongoing viability of Council

Operational Plan Activity Abide by Accounting Standards and OLG accounts regulations

ATTACHMENTS:        a.  Auditor General Letter 23 June 2022   


6.13       Rural Fire Service Assets

Attachment a Auditor General Letter 23 June 2022

 

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Ordinary Council Meeting 28 July 2022

6.14   Leasing/Licencing of Council Managed Land

 

 

SUMMARY

A review has been undertaken of users of Council Community Land in Council’s ownership or which Council is the appointed Crown Land Manager with priority over current users. This report is to provide information of current and future user groups utilising Council managed Crown Land or Council owned Community Land that will require either a user licence, lease or hire agreement moving forward.

RECOMMENDATION

That this item be classified as Confidential in accordance with Section 10A(2)(dii) 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.

Financial IMPLICATIONS

Charges for legal fees would be covered within the 2022/23 Legal Fees budget.

POlicy & Legislation

·        Local Government Act 1993

·        Local Government (General) Regulation 2005

·        Crown Land Management Act 2016

·        Crown Land Management Regulation 2018

·        Leasing /Licensing of Council Land & Buildings

REPORT Due to the introduction of the Crown Land Management Act 2016, Council is required to development Plans of Management (PoM) for Crown Land under Council management. Several PoM’s have either been approved or are in draft form pending finalisation for approval by the relevant Minister.

To support the preparation of the PoM’s, Council staff have also undertaken a review of user groups utilising both land and facilities located on Crown Land and Council owned land to determine user group activities in order to consider and recommend the type of lease/licence required. All proposed agreements will need to be compliant with current Crown Land legislation and Community Land usage for the activity being undertaken. The aim is to align each user groups to a lease, licence for hire agreement depending on their usage and infrastructure needs.

A separate report is included in the Closed Session for consideration.

Strategic Direction

Key Pillar                                                   Our Infrastructure

CSP Strategy                         IN3 -          Our existing community infrastructure is maintained, and we plan for and support the development of infrastructure that meets community need

Delivery Program Action  IN3.5 - Management of community infrastructure is supported by strong relationships between Council and community groups

Operational Plan Activity                    Review of all agreements for use of community infrastructure managed by Council

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.15   Binalong Banjo Centre

 

 

SUMMARY

This report is a brief from the Binalong Progress Association for Council to consider if they would be prepared to support the development of a Binalong Banjo Centre.

 

RECOMMENDATION

This item is classified CONFIDENTIAL in accordance with Section 10A(2)(c) 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, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Financial IMPLICATIONS

Staff resourcing is requested.

POlicy & Legislation

·        Community Strategic Plan 2042

·        Delivery Program 2022/26

·        Operational Plan 2022/3

REPORT

The Binalong Progress Association is looking for financial assistance from Council to develop a Binalong Banjo Centre. The proposal contains confidential information.

A separate report is included in the Closed Session for consideration.

Strategic Direction

Key Pillar                                                   Our Community

CSP Strategy                         CO2:         We have a vibrant, inclusive, and creative community life

Delivery Program Action  CO2.1 -    Events celebrate the identity of our towns and villages, heritage and culture

Operational Plan Activity                    Assist community with events or activities that celebrate identity, heritage and culture

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

6.16   Tender Evaluation - Riverbank Park Openspace Precinct (Adventure Playground) Construction - YVC.IA.04.2022

 

 SUMMARY

This report provides advice and recommendations on the submission of tenders for the Riverbank Park Adventure Playground project, funded by the NSW Public Spaces Legacy Program, under contract YVC.IA.04.2022.

Recommendation

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

Financial IMPLICATIONS

Council received funding of $1,784,700 under the NSW Public Spaces Legacy Program which has already been included in the 2022/23 Operational Plan and budget.

POlicy & Legislation

·        Local Government Act 1993

·        Clause 178 Local Government (General) Regulation 2021

REPORT

1.    Background

Council received funding of $1,784,700 under the NSW Public Spaces Legacy Program to construct a new adventure playground at Riverbank Park, Yass. Council engaged an architect to design the new adventure playground named ‘Where the Wild Things Are’ which includes a flying fox, customised skytower, hamster wheel, picnic shelters, bbq and a new amenity building. The design was endorsed by Council in December 2021.

2.    Tender

Tenders were called on 10 May 2022and closed on 4 July 2022. Tenders were received from the following organisations:

Organisation

Address

Canberra Contractors Pty Ltd

4/98 Vicars Street, Mitchell, ACT 2911

Guideline ACT Pty Ltd

16B Bass Street, Queanbeyan, NSW 2620

Monarch Building Solutions Pty Ltd

24 Lithgow Street, Fyshwick, ACT 2609

A report on the tender evaluation is included in the Closed Session of this meeting for consideration.

Strategic Direction

Key Pillar                                                   Our Infrastructure

CSP Strategy                         IN3 -         Our existing community infrastructure is maintained, and we plan for and support the development of infrastructure that meets community need

Delivery Program Action  IN3.2 -      Our community infrastructure is accessible, adaptable and suitable for multiple user groups and fosters inclusive, healthy, and active recreation opportunities

Operational Plan Activity Construction of Riverbank Park Adventure Playground

ATTACHMENTS:        Nil


Ordinary Council Meeting 28 July 2022

9.1     Minutes of the Sustainability Advisory Committee held on 16 June 2022 and 19 July 2022

 

 

REPORT

The minutes of the Sustainability Advisory Committee meeting held on 16 June 2022 and 19 July 2022 are included in Attachments A and B.

From these minutes there are no items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

Accordingly, the minutes are presented for information.

 

Recommendation

That the minutes of the Sustainability Advisory Committee meeting held on 16 June 2022 and 19 July 2022 be noted.

 

ATTACHMENTS:        a.  Sustainability Advisory Committee Minutes 16 June 2022 (Under Separate Cover)

b.  Sustainability Advisory Committee Minutes 19 July 2022 (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

9.2     Minutes of the HumeLink Upper Lachlan Yass Community Consultative Group held on 7 April 2022

 

 

REPORT

The minutes of the HumeLink Upper Lachlan Yass Community Consultative Group meeting held on 7 April 2022 are included in Attachment A.

From these minutes there are no items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

Accordingly the minutes are presented for information.

Recommendation

That the minutes of the HumeLink Community Consultative Group meetings held on 7 April 2022 be noted

ATTACHMENTS:        a.  Humelink Upper Lachlan Yass Community Consultative Group Minutes 7 April 2022   


9.2          Minutes of the HumeLink Upper Lachlan Yass Community Consultative Group held on 7 April 2022

Attachment a Humelink Upper Lachlan Yass Community Consultative Group Minutes 7 April 2022

 

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Ordinary Council Meeting 28 July 2022

9.3     Minutes of the Canberra Region Joint Organisation Board held on 1 July 2022

 

 

REPORT

The minutes of the Canberra Region Joint Organisation Board meeting held on 1 July 2022 are included in Attachment A.

From these minutes there are two items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

The CRJO adopted a panel of Code of Conduct Reviewers following a joint procurement process. The Panel is suitable for endorsement by Council.

In addition the CRJO adopted the Terms of Reference for the Audit Risk & Improvement Committee Charter for a shared service arrangement (refer Attachment B). Council has previously agreed to participate in the shared service.

It should be noted that:

·        Annual membership fees for the CRJO are to be increased by 2.5%. Provision has been included in the Operational Plan for this increase

·        The Board supported a commitment to accepting the recommendations from the NSW Health outcomes and access to health and hospital services in rural, regional and remote NSW

·        The Board will write to the Auditor General noting the inappropriate expectation that local government include Rural Fire Service assets in Council’s asset listing

Recommendation

That the minutes of the Canberra Region Joint Organisation Board meeting held on 1 July 2022 be noted and the following recommendations be adopted:

Item 8.6 Shared Audit and Risk Services Update

That the CRJO Board adopt the Audit Risk and Improvement Committee Charter, as presented, for the CRJO

Item 8.7 Update Code of Conduct Reviewer Panel

That the CRJO Board adopt the recommended companies to the Code of Conduct Reviewers Panel:

1.         Australian Workplace Training & Investigation

2.         BAL Lawyers Canberra ACT

3.         BDO Services Pty Ltd

4.         Centium Pty Ltd Sydney NSW

5.         Local Government Legal

6.         Maddocks Sydney

7.         Mccullough Robertson Lawyers

8.         Mediate Today Pty Ltd Sydney

9.         Nemesis Consultancy Group

10.       O'Connor Marsden and Associates Pty Ltd

11.       Pendlebury Work Place Solutions

12.       RSM Melbourne

13.       SINC Solutions Pty Ltd

14.       Train Reaction Pty Limited

15.       Weir Consulting (National)

16.       Winton Consulting Pty Ltd

17.       WISE Workplace

18.       Workdynamic Australia

ATTACHMENTS:        a.  Canberra Region Joint Organisation Board Minutes 1 July 2022

b.  Canberra Region Joint Organisation Audit, Risk & Improvement Charter   


9.3          Minutes of the Canberra Region Joint Organisation Board held on 1 July 2022

Attachment a Canberra Region Joint Organisation Board Minutes 1 July 2022

 

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9.3          Minutes of the Canberra Region Joint Organisation Board held on 1 July 2022

Attachment b Canberra Region Joint Organisation Audit, Risk & Improvement Charter

 

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Ordinary Council Meeting 28 July 2022

9.4     Minutes of the Economic Development Advisory Committee held on 28 June 2022

 

 

REPORT

The minutes of the Economic Development Advisory Committee meeting held on 28 June 2022 are included in Attachment A.

From these minutes there are no items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

The minutes are presented to Council for information.

Recommendation

That the minutes of the Economic Development Advisory Committee meeting held on 28 June 2022 be noted.

 

ATTACHMENTS:        a.  Economic Development Committee Minutes 28 June 2022 (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

9.5     Minutes of the Audit, Risk & Improvement Committee held on 13 July 2022

 

 

REPORT

The minutes of the Audit, Risk & Improvement Committee meeting held on 13 July 2022 are included in Attachment A.

From these minutes there are no items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

Accordingly the minutes are presented for information.

Recommendation

That the minutes of the Audit, Risk & Improvement Committee meeting held on 13 July 2022 be noted.

 

ATTACHMENTS:        a.  Audit, Risk & Improvement Committee Minutes 13 July 2022 (Under Separate Cover)   


Ordinary Council Meeting 28 July 2022

9.6     Minutes of the Yass Soldiers Memorial Hall Advisory Committee held on 14 July 2022

 

 

REPORT

The minutes of the Yass Soldiers Memorial Hall Advisory Committee meeting held on 14 July 2022 are included in Attachment A.

From these minutes there are no items which covers a matter that:

·        Requires expenditure not provided for in the current Operational Plan

·        Involves a variation to a Council policy

·        Is contrary to a previous decision or position of Council

·        Relates to a matter which requires Council to form a view or adopt a position

·        Deals with a matter of specific interest

Accordingly, the minutes are presented for information.

Recommendation

That the minutes of the Yass Soldiers Memorial Hall Advisory Committee meeting held on 14 July 2022 be noted

ATTACHMENTS:        a.  14 July 2022 - Minutes (Under Separate Cover)      


Ordinary Meeting of Council 28 July 2022

10      CONFIDENTIAL MATTERS

 

 

 

RECOMMENDATION

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:

10.1                 Leasing/Licencing of Council Managed Land

Item 10.1 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.

10.2                 Binalong Banjo Centre

Item 10.2 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.

10.3                 Tender Evaluation - Riverbank Park Openspace Precinct (Adventure Playground) Construction - YVC.IA.04.2022

Item 10.3 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.