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MINUTES 11 December 2014

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Page 1: MINUTES - Forbes Shire · 12/11/2014  · Ron Barnes – The Way Christian Fellowship PRESENTATIONS Presentation from the Forbes BBS Society has been deferred until February 2015

MINUTES

11 December 2014

Page 2: MINUTES - Forbes Shire · 12/11/2014  · Ron Barnes – The Way Christian Fellowship PRESENTATIONS Presentation from the Forbes BBS Society has been deferred until February 2015

MINUTES OF THE ORDINARY MONTHLY MEETING OF THE COUNCIL OF THE SHIRE OF FORBES HELD IN THE SHIRE CHAMBER FORBES ON THURSDAY 11 DECEMBER 2014.

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SUMMARY OF MINUTES – 11 DECEMBER 2014

COUNCIL MEETING

Part I

I would like to acknowledge the Traditional Custodians of the land on which we meet today

and pay respect to the Elders both past and present

PRAYER

Ron Barnes – The Way Christian Fellowship

PRESENTATIONS

Presentation from the Forbes BBS Society has been deferred until February 2015 meeting.

(Cr G Falconer/Cr D Booth)

PRESENT

Cr Ron Penny, (Mayor) (Chair), Cr Dennis Booth, Cr Graham Falconer, Cr Michael Jelbart, Cr Brian Mattiske, Cr Phyllis Miller, Cr Jeff Nicholson and Cr Chris Roylance together with the General Manager, Director Engineering and Technical Services, Director Environmental Services and Planning, Director Corporate Services, Director Tourism, Community and Cultural Development and Danielle Buckley from the ‘Forbes Advocate’ Newspaper was also in attendance.

DECLARATIONS OF INTEREST

1. Crs M Jelbart and C Roylance declaring an interest in the Forbes BBQ Society

CONFIRMATION OF MINUTES OF THE ORDINARY MEETING OF

COUNCIL HELD ON 20 NOVEMBER 2014

1058. RESOLVED: that the minutes of the Council Meeting held on 20 November 2014 be

adopted. (Cr P Miller/Cr D Booth)

APOLOGIES

Cr Graeme Miller (Cr M Jelbart/Cr P Miller)

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MINUTES OF THE ORDINARY MONTHLY MEETING OF THE COUNCIL OF THE SHIRE OF FORBES HELD IN THE SHIRE CHAMBER FORBES ON THURSDAY 11 DECEMBER 2014.

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CONDOLENCES

1059. The Mayor reported the deaths of Kim Harvey, Betty Jean Neville and William Ernest Bray.

RESOLVED: that Council observe a minute’s silence for those that have passed away in the past month and that letters of condolence be forwarded to the next-of-kin. (Cr P Miller/Cr C Roylance)

PUBLIC FORUM

Nil.

ADDRESS BY COUNCILLORS

1. Cr Ron Penny: Notification that Northparkes mines will be shutting down from 19 December

to 16 January for maintenance reasons.

OPEN COUNCIL – PART I

Meeting commenced at: 1:00 pm Meeting adjourned for afternoon tea: 2:10 pm (Cr P Miller/Cr C Roylance) Meeting resumed: 2:30 pm (Cr D Booth/Cr C Roylance) Motion to move into Closed Council in Accordance with Section 10A of the Local Government Act 1993: Motion to exclude public and press From the Committee of the Whole: 2:30 pm (Cr B Mattiske/Cr J Nicholson)

CLOSED SECTION – PART II

Machinery Motion (Part II): 3:27 pm (Cr D Booth/Cr G Falconer) Motion to move into Part I: 2:30 pm (Cr D Booth/Cr G Falconer) Machinery Motion (Part I): 3:27 pm (Cr D Booth/Cr B Mattiske) Meeting closed at: 3:27 pm

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MATTERS IN PROGRESS – PART I

CLAUSE 1 – FEES AND CHARGES COMPARISON – SPORTING FIELDS

(MATTER NO: 539/2014

1060 RESOLVED That Council not delete this matter and defer it to the February Council meeting. (Cr D Booth/Cr P Miller)

CLAUSE 2 – VISITOR APPLICATION FOR SMART PHONE AND TABLET

USE (MATTER NO: 605/2014)

1061 RESOLVED That Council: i) not delete this matter; ii) advise councillors of the progress of the refreshment of the public

toilets and review the requirements for the front desk seating area at the Railway Arts and Tourist Centre. (Cr G Falconer/Cr C Roylance)

CLAUSE 3 – ROADS TO RECOVERY PROGRAM (MATTER NO: 980/2014)

1062 RESOLVED That Council forward a selection of possible dates to conduct a Shire tour in March 2015. (Cr P Miller/Cr C Roylance)

MAYOR’S REPORT TO COUNCIL – PART I

CLAUSE 1 – CENTROC BOARD MEETING

RECOMMENDATION That Council receive and note the Centroc Board Meeting report.

1063 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 2 – SEASONS GREETINGS

1064 RESOLVED That Council receive and note the information. (Cr D Booth/Cr B Mattiske)

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GENERAL MANAGER’S REPORT TO COUNCIL – PART I

CLAUSE 1 – CONFIRMATION OF COUNCIL MEETINGS 2015

RECOMMENDATION That Council: i). adopt the following dates for the 2015 Council meetings: 19 February, 19 March, 16 April, 21 May, 18 June, 16 July, 20 August, 17

September, 15 October, 19 November and 10 December 2015; ii). adopt the following dates for the 2015 Services/Works & Community

meetings: 2 February, 2 March, 13 April, 4 May 1 June, 6 July, 3 August, 7

September, 12 October, 2 November and 7 December 2015; ii). convert the Services/Works and Community meetings to full Council

meetings to assist with time management and performance across the organisation.

1065 RESOLVED That Council: i). adopt the following dates for the 2015 Council meetings: 19 February, 19 March, 16 April, 21 May, 18 June, 16 July, 20 August, 17

September, 15 October, 19 November and 17 December 2015; ii). adopt the following dates for the 2015 Services/Works & Community

meetings: 2 February, 2 March, 4 May 1 June, 6 July, 3 August, 7 September, 2

November and 7 December 2015. (Cr P Miller/Cr G Falconer)

CLAUSE 2 – RIFLE RANGE

RECOMMENDATION That Council: i). advise the Firearms Registry of the NSW Police Force to cancel the

Ranger Approval for the Forbes Rifle Range; ii). advise Forbes Military Rifle Club, Forbes Rifle Club and Sporting

Shooters NSW (Forbes Branch), as members of the former management committee, of Council’s decision.

1066 RESOLVED That Council adopt the recommendation. (Cr C Roylance/Cr M Jelbart)

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DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL -

PART I

CLAUSE 1 – INVESTMENT OF COUNCIL’S FUNDS – 30 NOVEMBER 2014:

RECOMMENDATION: That Council receive and note the information within the report and the Certificate of the Responsible Accounting Officer.

1067 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 2 – RATES & CHARGES COLLECTION – NOVEMBER 2014

RECOMMENDATION That Council receive and note the information.

1068 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 3 – PROCUREMENT REPORTING

RECOMMENDATION That Council receive and note the information.

1069 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

DIRECTOR ENGINEERING & TECHNICAL SERVICES – REPORT

TO COUNCIL – PART I

CLAUSE 1 – TREE PRESERVATION & REMOVAL COMMITTEE

RECOMMENDATION That Council: i). tidy dead vegetation on the footpath adjacent to 16 Flint Street; ii). trim and tidy existing street trees adjacent to 16 Flint Street; iii). advise the resident that it does not propose to remove the street trees

adjacent to 16 Flint Street.

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1070 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 1.2 Anglican Portion, Forbes Cemetery (CRM: 6114/2014)

RECOMMENDATION That Council: i). trim the lower limbs of the gum trees which are hanging over graves

near the Anglican Portion of the Forbes Cemetery; ii). advise the former resident that Council does not propose to remove

the trees adjoining the Anglican Portion of the Forbes Cemetery.

1071 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 1.3 65 Farrand Street (CRM: 6215/2014)

RECOMMENDATION That Council advise the resident: i). it will schedule the two most southern trees adjacent to 65 Farrand

Street for removal; ii). the tree located on the northern end adjacent to 65 Farrand Street will

remain.

1072 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 1.4 29 Alder Street (CRM: 6349/2014)

RECOMMENDATION That Council advise the resident it will schedule the tree stump and existing gum tree on the footpath in front of 29 Alder Street for removal.

1073 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 1.5 25 Johnson Street

RECOMMENDATION That Council advise the resident that it will refer the request to remove the tree in front of 25 Johnson Street to Essential Energy for assessment.

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1074 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 1.6 38 Jacaranda Street – (CRM: 6278/2014)

RECOMMENDATION That Council advise the property owner of 36 Jacaranda Street that Council has been requested to remove the tree on the boundary with 38 Jacaranda Street and if no objection is forthcoming, schedule the tree for removal.

1075 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 2 – FINAL OUTCOMES – REVIEW AERODROME WEATHER

FORECAST SERVICES

RECOMMENDATION That Council receive and note the cessation of the Aerodrome Weather Forecast at the Forbes Aerodrome.

1076 RESOLVED That Council identify costs and seek funding options to retain the operation of the Aerodrome Weather Forecast at the Forbes Aerodrome and report back to Council. (Cr C Roylance/Cr G Falconer)

CLAUSE 3 – FORBES AQUATIC AREA: BAREFOOT SKI TOURNAMENT

RECOMMENDATION That Council will implement a communication plan to advise the temporary closure of the Forbes Aquatic Area on 6-8 February 2015, for the Barefoot Water Ski Tournament.

1077 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr C Roylance)

DIRECTOR OF ENVIRONMENTAL SERVICES AND PLANNING

REPORT TO COUNCIL – PART I

CLAUSE 1 – FORBES DEVELOPMENT CONTROL PLAN 2013

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RECOMMENDATION That Council: i). adopt the amendments as listed in the exhibited Development Control

Plan 2013; ii). place a public notice in the Forbes Advocate advising of the adoption

of the amendments that the amendments come into force the day following the advertisement.

1078 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 2 – CHANGE TO THE MINIMUM LOT SIZE R5 LARGE LOT

RESIDENTIAL REYMOND STREET, STOKES STREET, YOUNG STREET,

WAMBAT STREET, CHURCH STREET, AND COLLEGE ROAD.

RECOMMENDATION That Council adopt the Planning Proposal and direct the General Manager to send the Planning Proposal to the Department of Planning for Gateway Determination.

1079 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 3 – REVIEW OF POLICY FOR THE CONSTRUCTION OF

DWELLINGS ON LAND USED FOR INTENSIVE AGRICULTURE

RECOMMENDATION That Council adopt the updated ‘Construction of Dwellings on Land Use for Intensive Agricultural’ Policy;

1080 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

DIRECTOR TOURISM, COMMUNITY & CULTURAL

DEVELOPMENT REPORT TO COUNCIL – PART I

CLAUSE 1 – ENCOURAGE AND SUPPORT DEVELOPMENT OF A DIVERSE

COMMUNITY (C2)

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RECOMMENDATION That Council receives the report on encouraging and supporting a diverse community and notes that Council continues to facilitate and support a range of worthwhile activities initiated by the community.

1081 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 2 – CULTIVATE A CAPABLE AND LEARNED COMMUNITY (C3)

RECOMMENDATION That Council endorse the establishment of an Aboriginal Community Working Party for the Forbes community and continue to participate in its development.

1082 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 3 – FORBES SHIRE ENTERPRISES ARE SUCCESSFUL,

SUSTAINABLE AND SUPPORT THE FORBES SHIRE COMMUNITY

RECOMMENDATION That Council receive and note this report and continue to engage in economic development initiatives with stakeholders and business units.

1083 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr M Jelbart)

CLAUSE 4 – CULTIVATE A CAPABLE AND LEARNED COMMUNITY (C3)

Community group grants (C3.1.1 & C3.1.2)

RECOMMENDATION That Council: i). receive and note the grants report and in particular note the dollar

value of grants to Council of $491,774 and the value of grants to the community of $193,065 over the last twelve months;

ii). continue to cultivate a capable and learned society.

1084 RESOLVED That Council receive two reports to the February meeting one being community grants and the other Council grants. (Cr P Miller/Cr G Falconer)

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CLAUSE 5 - OUR COMMUNITY IS CONSULTED ABOUT COUNCIL

DECISIONS AND INFORMED ABOUT COUNCIL ACTIVITIES (L7)

Community needs consultations (L7.1.3)

RECOMMENDATION That Council receive and note the positive engagement with the community.

1085 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

ENVIRONMENT ADVISORY COMMITTEE REPORT TO COUNCIL

– PART I

Councillor G Falconer left the meeting at 6:10pm with Councillor G Miller taking the chair

CLAUSE 1 – BUSINESS ARISING

Clause 1.1 Parkes Road Planting

RECOMMENDATION

That Council be advised of the Environment Advisory Committee’s disappointment in disregarding the Committee’s recommendation in relation to the Newell Highway planting. (P Perry / R Rolfe)

1086 RESOLVED That Council plant 100 trees to celebrate 100 years for ANZAC and investigate suitable locations. (Cr C Roylance/Cr J Nicholson)

CLAUSE 2 – GENERAL BUSINESS

Clause 2.1 Lake Forbes Biodiversity Walkway

RECOMMENDATION That Council: i). invite Aileen Allen to the next Environmental Advisory Committee

Meeting to discuss the Dreaming Centre; (N Crawford / K Muffet) ii). note the preliminary assessment of the biodiversity walkway

undertaken by the Environmental Advisory Committee members and that the document be further developed for the February meeting.

(N Crawford / N Hooper)

1087 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

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Clause 2.2 Environmental Advisory Committee Members Feedback

RECOMMENDATION That Council be advised that the Environment Advisory Committee will further develop the Environment Advisory Strategy for the next meeting. (K Muffet / R Rolfe)

1088 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr M Jelbart)

Clause 2.3 Meeting Dates for 2015

RECOMMENDATION That the meeting dates for the Environmental Advisory Committee for 2015 be the 11th February 2015, 1st April 2015, 3rd June 2015, 5th August 2015, 7th October 2015 and 2nd December 2015. (N Hooper / G Pavey)

1089 RESOLVED That Council adopt the recommendation.

CLAUSE 3 – BUSINESS WITHOUT NOTICE

Clause 3.1 Suggested Agenda Items for February 2015 Meeting

RECOMMENDATION That Council receive and note the information.

1090 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

SERVICES COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 3 – ENVIRONMENTAL SERVICES REPORT

Clause 3.1 Development and Building

RECOMMENDATION That Council note the $593,757.00 of Development Applications lodged for the November reporting period. (Cr M Jelbart / Cr D Booth)

1091 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

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CLAUSE 5 – REGULATORY CONTROL

Clause 5.1 Ranger’s Report Month ending 24 October 2014

RECOMMENDATION That Council receive and note the Ranger’s report for the month ending November 2014. (Cr M Jelbart / Cr D Booth)

1092 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 7 – BUSINESS WITHOUT NOTICE

Clause 7.1 Illegal Development Update

RECOMMENDATION That Council receive and note the information. (Cr G Miller / Cr D Booth)

1093 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 7.2 Illegal Dumping of Asbestos

RECOMMENDATION That Council: i). support the enforcement action of the Environmental Services and

Planning Department against persons identified as being culprits of illegal dumping of asbestos products in the Forbes Shire.

ii). develop an education program to highlight that dumping of asbestos in

the Forbes Shire is illegal other than in licensed landfill premises. (Cr D Booth / Cr G Falconer)

1094 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

TRAFFIC ADVISORY COMMITTEE REPORT TO COUNCIL –

PART I

CLAUSE 3 – CORRESPONDENCE

Clause 3.1 Elgin Street Parking

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RECOMMENDATION That Council consult with the hospital contractor regarding impacts of the future accesses on existing parking arrangements and then develop some options for parking in Elgin Street to the next meeting of the Forbes Traffic Advisory Committee. (D Vant/D Jeffree)

1095 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 3.2 Request for Extension of School Bus Route

RECOMMENDATION That Council support the bus route extension along the Driftway Road and provide a letter of support to the NSW Department of Transport and infrastructure. (D Vant/D Jeffree)

1096 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 3.3 Australia Day Parade and Celebrations

RECOMMENDATION That Council approve the road closures for the 2015 Australia Day Parade subject to the following conditions: i). the Traffic Management Plan provided is implemented in full on the

day. ii). notification of all road closures to the emergency services. iii). compliance with Council officers’ reasonable directives. iv). compliance with any directive or condition as imposed by NSW Police

Force; v). that all participants are advised of the rules associated with being a

participant in the parade, including drivers may be breathalysed; drivers must test zero blood alcohol content; floats carrying people must include a handrail or stabilising bar for the safety of the float’s participants; and all passengers including children and babies must be restrained when riding in a vehicle;

vi). that all marshals and traffic controllers be advised of their roll in

controlling traffic and pedestrians; vii). a representative of the Organising Committee is present on site at all

times. (D Jeffree/D Vant)

1097 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

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Clause 3.4 Forbes Christmas Carnival

RECOMMENDATION That Council approve the road closures for the Forbes Christmas Carnival and activities subject to the following conditions: i). the organisers provide evidence of Public Liability insurance for $20

million that is valid for the event and includes Forbes Shire Council as a declared interested party for the event;

ii). the Traffic Management Plan provided be implemented in full on the

day; iii). notification of all road closures to the emergency services; iv). compliance with Council officers’ reasonable directives; v). compliance with any directive or condition as imposed by the NSW

Police Force. (D Vant/D Jeffree)

1098 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 3.5 Forbes Christmas Promotional Draw

RECOMMENDATION That Council approve the road closures for the Forbes Christmas Promotional draw subject to the following conditions: i). that organisers provide evidence of Public Liability insurance for $20

million that is valid for the event and includes Forbes Shire Council as a declared interested party for the event.

ii). the Traffic Management Plan provided is implemented in full on the

day; iii). notification of all road closures to the emergency services; iv). compliance with Council officers’ reasonable directives; v). compliance with any directive or condition as imposed by the NSW

Police Force. (D Jeffree/D Vant)

1099 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

Clause 3.6 VANfest Road Closures

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RECOMMENDATION That Council note the endorsement of the Forbes Traffic Advisory Committee members to the amended Traffic Management Plan for the closure of Show Street from Forrester Street to Junction Street on 6 and 7 December 2014 in conjunction with VANfest, subject to some modification and clarification of the pedestrian movement plan. (D Vant/D Jeffree)

1100 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 4 – REPORTS

Clause 4.1 Road Safety & Injury Prevention Officer’s Monthly Reports for July-September

2014

RECOMMENDATION That Council note the information provided by the Local Government Road Safety and Injury Prevention Officer. (D Jeffree/D Vant)

1101 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 6 - ANY OTHER BUSINESS (as declared urgent by Chairperson)

Clause 6.1 Back Yamma Road/Newell Highway Intersection

RECOMMENDATION That Council relocate the existing “T” intersection signs on Back Yamma Road to 130m from the intersection with the Newell Highway. (D Vant/D Jeffree)

1102 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

WORKS COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 3 – TECHNICAL SERVICES REPORT

RECOMMENDATION That Council receive and note the Technical Services Report. (Cr Jelbart/Cr Booth)

1103 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

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CLAUSE 4 – ENGINEERING SERVICES REPORT:

RECOMMENDATION That Council receive and note the Engineering Services Report. (Cr G Miller/Cr Mattiske)

1104 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

CLAUSE 7 – GENERAL BUSINESS

Clause 7.1 - Request To Bitumen Seal Warroo Road

RECOMMENDATION That Council decline the request to bitumen seal Warroo Road. (Cr G Miller/Cr Booth)

1105 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr B Mattiske)

INWARD CORRESPONDENCE – OPEN COUNCIL – PART I

CLAUSE 1 – DONATIONS

Clause 1.1 Funding Request – Forbes Geranium Club

RECOMMENDATION That Council donate $284 being the bond and hire fee for the Youth and Community Centre, to the Forbes Geranium Club for the 2015 Coloured Leaf and Succulent Show.

1106 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr M Jelbart)

Clause 1.2 Funding Request – Bedgerabong Picnic Race Club Inc:

RECOMMENDATION That Council donate a maximum of $500 to the Bedgerabong Picnic Race Club Inc for the 2015 Picnic Race Meeting.

1107 RESOLVED:

That Council take up the sponsorship package to the value of $1000 with the

Bedgerabong Picnic Race Club Inc for the 2015 Picnic Race Meeting.

(Cr P Miller/Cr C Roylance)

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Clause 1.3 Funding Request – Cancer Council NSW: Relay for Life 2015:

RECOMMENDATION That Council donate $280 to Cancer Council NSW being the development application fee for the 2015 Forbes Relay, with the funds to be sourced from the 2014/15 donations budget.

1108 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

Clause 1.4 Funding Request: Railway Arts and Crafts Centre

RECOMMENDATION That Council: i). consent to the installation of a commemorative plaque at the Forbes

Railway Arts & Crafts Centre; and ii). donate $1000 to the Forbes Railway Arts & Crafts Centre being the cost

to purchase the commemorative plaque, with the funds to be sourced from the 2014/15 donations budget.

1109 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

CLAUSE 2 – LETTERS OF APPRECIATION

RECOMMENDATION That Council receive and note the letters of appreciation.

1110 RESOLVED That Council adopt the recommendation.

ADOPTION OF ALL MATTERS IN THE MAIN BUSINESS PAPER

WITH THE EXCEPTION OF THOSE ITEMS WHICH HAVE BEEN

WITHDRAWN AND WHICH ARE DULY REFERRED TO IN ORDER

IN THE BALANCE OF THESE MINUTES

1111 RESOLVED: that all matters in the main business paper, with the exception of those items

which have been withdrawn and which are duly referred to in order in the balance of these minutes, be adopted. (Cr D Booth/Cr B Mattiske).

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SUMMARY OF MINUTES – 11 DECEMBER 2014

COUNCIL MEETING

Supplementary Part I

MAYOR’S SUPPLEMENTARY REPORT TO COUNCIL – PART I

CLAUSE 1 – VANFEST…. WHAT A SUCCESS:

RECOMMENDATION That Council receive and note the information.

1112 RESOLVED That Council forward a letter of congratulations to the Vanfest organisers. (Cr P Miller/Cr B Mattiske)

GENERAL MANAGER’S SUPPLEMENTARY REPORT TO

COUNCIL – PART I

CLAUSE 1 – BARRICK COWAL GOLD MINE COMMUNITY

ENVIRONMENTAL MONITORING AND CONSULTATIVE COMMITTEE

MINUTES

RECOMMENDATION That Council receive and note the minutes of the Barrick Cowal Gold Mine Community Environmental Monitoring and Consultative Committee meeting held on 3 December 2014

1113 RESOLVED That Council adopt the recommendation. (Cr C Roylance/Cr G Falconer)

DIRECTOR ENVIRONMENTAL SERVICES & PLANNING

SUPPLEMENTARY REPORT TO COUNCIL – PART I

CLAUSE 1 – CODE FOR THE KEEPING HORSES

RECOMMENDATION: That Council incorporate the Code for the Keeping of Horses into the current policy register for integration into operational controls.

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1114 RESOLVED That Council defer Code for the Keeping of Horses to the February 2015 meeting. (Cr P Miller/Cr D Booth)

DIRECTOR TOURISM, COMMUNITY & CULTURAL

DEVELOPMENT SUPPLEMENTARY REPORT TO COUNCIL –

PART I

CLAUSE 1 – ENCOURAGE AND SUPPORT DEVELOPMENT OF A DIVERSE

COMMUNITY (C2)

Policy Updates

RECOMMENDATION: That Council: i). incorporate the amended Youth and Community Centre Vacation Care

Policy into the current policy register for integration into operational controls;

ii). exhibit the Busking in the Central Business District Policy for a period

of 28 days and report back to the February meeting.

1115 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr G Falconer)

CLAUSE 2 - VISITORS AND TOURISTS ARE WELCOMED AND MAKE A

POSITIVE CONTRIBUTION TO THE COMMUNITY AND ECONOMY (E2)

Crs M Jelbart & Cr C Roylance declared an interest in this matter on account of being members of the Forbes BBQ Society and left the meeting at 1:55 pm

RECOMMENDATION That Council receive and note the information.

1116 RESOLVED That Council adopt the recommendation. (Cr G Falconer/Cr D Booth)

Crs. Jelbart and Roylance returned to the meeting at 1.56 pm.

CLAUSE 3 - CULTIVATE A VIBRANT AND ROBUST ECONOMY

SUPPORTING THE CREATION OF JOBS AND BUSINESS OPPORTUNITIES

(E1)

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RECOMMENDATION That Council send a letter from the Mayor congratulating Ga Ga’s Café on their recent achievement in winning the Shop Small Campaign for Forbes and the Calare Electorate.

1117 RESOLVED That Council:’ i). send a letter from the Mayor congratulating Ga Ga’s Café on their

recent achievement in winning the Shop Small Campaign for Forbes and the Calare Electorate;

ii). make a luncheon reservation at Ga Ga’s Café for the February 2015

meeting. (Cr P Miller/Cr J Nicholson)

CLAUSE 4 – VISITORS AND TOURISTS ARE WELCOMED AND MAKE A

POSITIVE CONTRIBUTION TO THE COMMUNITY AND ECONOMY (E2):

Market Forbes as a destination of choice and support events with a tourism focus (E2.1)

RECOMMENDATION That Council extend its congratulations to the Forbes PA&H Society of being awarded the hosting of the 2015 National Sports Shear Championships.

1118 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr M Jelbart)

BUSINESS AND INDUSTRY COMMITTEE REPORT TO COUNCIL

– PART I

CLAUSE 1 – BUSINESS ARISING

Clause 1.1 Improving Business in Forbes:

RECOMMENDATION That Council receive and note the information. (G Haley/J Herdegen)

1119 RESOLVED That Council adopt the recommendation. (Cr G Falconer/Cr M Jelbart)

Clause 1.2 Business and job retention:

RECOMMENDATION That Council receive and note the information. (L Marsh/J Herdegen)

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1120 RESOLVED That Council adopt the recommendation. (Cr G Falconer/Cr M Jelbart)

Clause 1.3 Economic Development Policies:

RECOMMENDATION That Council receive and note the information. (G Haley/E Thomas)

1121 RESOLVED That Council adopt the recommendation. (Cr M Jelbart/Cr G Falconer)

Clause 1.4 Demographics

RECOMMENDATION That Council: i). consult with all Real Estate Agents regarding market information; ii). provide the committee with a planning document showing available

blocks of land able to be developed; iii). provide the Committee with all data and a copy of the current

Economic Development Prospectus. (J Herdegen/L Marsh)

1122 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr J Nicholson)

Clause 1.5 Forbes Sculpture Trail:

RECOMMENDATION That Council receive and note the information. (L Marsh/G Haley)

1123 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

Clause 1.6 TAFE:

RECOMMENDATION That Council incorporate business and training needs questions within the Community Strategic Plan feedback survey. (S Thomas/J Herdegen)

1124 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

Clause 1.7 Network for outsourcing and contracting businesses

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RECOMMENDATION That Council host a combined networking event for local business in February 2015. (S Thomas/E Thomas)

1125 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

CLAUSE 3 – BUSINESS WITHOUT NOTICE

Clause 3.1 Business Chamber BizViz

RECOMMENDATION That Council receive and note the information. (L Marsh/G Haley)

1126 RESOLVED That Council adopt the recommendation. (Cr B Mattiske/Cr C Roylance)

Clause 3.2 Small Business Friendly Council Initiative

RECOMMENDATION That Council receive and note the information. (J Herdegen/G Haley)

1127 RESOLVED That Council adopt the recommendation. (Cr B Mattiske/Cr C Roylance)

Clause 3.3 State Government lobbying

RECOMMENDATION That Council, subject to cost, commission an independent report highlighting the regional catchment area for Forbes. (J Herdegen/G Haley)

1128 RESOLVED That Council receive terms of reference for the proposed independent report highlighting the regional catchment area for Forbes. (Cr P Miller/Cr D Booth)

BUSINESS WITHOUT NOTICE

1). Funding Request - Forbes and District Cricket Association:

RECOMMENDATION That Council donate $1096.50 to the Forbes and District Cricket Association being fees for the use of sporting grounds, with the funds to be sourced from the 2014/15 donations budget.

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1129 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr C Roylance)

FLOODPLAIN MANAGEMENT COMMITTEE REPORT TO

COUNCIL – PART I

CLAUSE 3 – NEW BUSINESS

Clause 3.1 Warroo Church

RECOMMENDATION That Council be advised that the Floodplain Committee have no objections on flooding grounds to the conversions of the Warroo Church to a residence subject to any new building materials below the flood level being flood compatible. (Cr P Miller/A Lockhart)

1130 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr M Jelbart)

Clause 3.2 Lot 199 DP750158, 140 River Road, Forbes

RECOMMENDATION That Council: i). support the proposal for the construction of a earth pad and new

dwelling in the nominated location as the development is generally in accordance with the performance criteria of Chapter 4 – Flooding and Flood Affected Land of the Forbes Development Control Plan 2013 and the development will not unduly restrict the passage of water down the floodway subject to the following conditions:

a). condition any future consent to require the proposed earth pad to

maintain a standard batter 1:4 on the southern side, extending 4 metres either side so as to allow suitable deflection of water around the pad in times of flood;

b). condition any future consent to require further development of

outbuildings occur in the leeward shadow (northern side) of the earth pad, and the existing structures to all be demolished;

c). condition any future consent to require that any future driveway if

proposed perpendicular to the flood flow paths is not excessively built up or lined with trees at minimal spacing to restrict the conveyance of floodwaters;

d). condition any future consent to require details of the type and location

of any future onsite wastewater treatment system and disposal area to address effluent contamination in times of flood;

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e). condition any future consent to require a Flood Evacuation plan be prepared for any residential development.(Cr P. Miller/A Lockhart)

1131 RESOLVED That Council: i). support the proposal for the construction of a earth pad and new

dwelling in the nominated location as the development is generally in accordance with the performance criteria of Chapter 4 – Flooding and Flood Affected Land of the Forbes Development Control Plan 2013 and the development will not unduly restrict the passage of water down the floodway subject to the following conditions:

a). condition any future consent to require the proposed earth pad to

maintain a standard batter 1:4 on the southern side, extending 4 metres either side so as to allow suitable deflection of water around the pad in times of flood;

b). condition any future consent to require further development of

outbuildings occur in the leeward shadow (northern side) of the earth pad, and the existing structures to all be demolished;

c). condition any future consent to require that any future driveway if

proposed perpendicular to the flood flow paths is not excessively built up or lined with trees at minimal spacing to restrict the conveyance of floodwaters;

d). condition any future consent to require details of the type and location

of any future onsite wastewater treatment system and disposal area to address effluent contamination in times of flood;

e). condition any future consent to require a Flood Evacuation plan be

prepared for any residential development; f). a compaction report for the pad be provided prior to the construction

of the dwelling and that the pad is vegetated immediately following the construction of the dwelling. (Cr P Miller/Cr B Mattiske)

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SUMMARY OF MINUTES – 11 DECEMBER 2014

COUNCIL MEETING

Part II

PRESENT

Cr Ron Penny, (Mayor) (Chair), Cr Dennis Booth, Cr Graham Falconer, Cr Michael Jelbart, Cr Brian Mattiske, Cr Phyllis Miller, Cr Jeff Nicholson and Cr Chris Roylance together with the General Manager, Director Engineering and Technical Services, Director Environmental Services and Planning, Director Corporate Services, Director Tourism, Community and Cultural Development. Cr Graeme Miller arrived at the meeting at 3:20 pm.

APOLOGIES

Cr Graeme Miller

CLOSED COUNCIL

1132. RESOLVED that Council move into closed Council. (Cr B Mattiske/Cr J Nicholson)

RESOLVED that the press and the public be excluded on the grounds that the receipt or discussion of any of the following matters involves:

(a) personnel matters concerning particular individuals; (b) the personal hardship of any resident of ratepayer; (c) commercial information the disclosure of which would be likely:

to prejudice the commercial position of the person who supplied it

to confer a commercial advantage on a competitor of the council

to reveal a trade secret; (d) proposals for:

the sale or purchase of land

the rezoning land

entering into contracts of any kind; if prior knowledge of those proposals could confer an unfair financial advantage on any person; information that is subject to legal obligations of confidence; the receipt and consideration of legal advice concerning litigation of which would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

(e) the receipt and consideration of legal advice concerning litigation or which would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

(f) information the disclosure of which would prejudice the maintenance of the law; (g) matters affecting the security of the council, councillors, council staff or council property; (h) a motion to close the meeting to the public.

The General Manager reported that the following matters had been discussed in Committee and RESOLUTIONS had been made as indicated:

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MAYORAL MINUTE TO COUNCIL – PART I

CLAUSE 1 – GENERAL MANAGER’S ANNUAL PERFORMANCE REVIEW

SEPTEMBER 2013 TO SEPTEMBER 2014

1133 RESOLVED That Council move this clause to the end of the Part II Supplementary Business Paper. (Cr P Miller/Cr C Roylance)

GENERAL MANAGER’S REPORT TO COUNCIL – PART II

CLAUSE 1 – COMMUNITY SAFETY PRECINCT MEETING

RECOMMENDATION That Council receive and note the information.

1134 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr G Falconer)

CLAUSE 2 – REGIONAL REQUEST FOR TENDER: LAND VALUATION

SERVICES FOR CENTRAL NSW COUNCILS

RECOMMENDATION That Council, on behalf of Centroc, reject all tenders for RDOCS1_2014: Land Valuation Services for Central NSW Councils.

1135 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr M Jelbart)

CLAUSE 3 – ENTERING INTO A CONTRACT FOR A IT STRATEGIC PLANS

SOLUTION FOR CENTRAL NSW COUNCILS

RECOMMENDATION That Council, on behalf of Centroc, accept and sign a contract with Essential Utilities Information Technology (EUIT) for the development IT Strategic Plans for Centroc member councils.

1136 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr G Falconer)

CLAUSE 4 – ENTERING INTO A CONTRACT FOR A UNIFIED

COMMUNICATIONS SOLUTION FOR CENTRAL NSW COUNCILS

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RECOMMENDATION That Council, on behalf of Centroc, accept and sign a contract with Essential Utilities Information Technology (EUIT) for the design, procurement and project management of a unified communications solution for Centroc member councils.

1137 RESOLVED That Council adopt the recommendation. (Cr D Booth/Cr G Falconer)

DIRECTOR TOURISM, COMMUNITY & CULTURAL

DEVELOPMENT REPORT TO COUNCIL – PART II

CLAUSE 1 – CULTIVATE A VIBRANT AND ROBUST ECONOMY (E1)

Economic growth in Forbes (E1.2.1)

RECOMMENDATION That Council: i). sell Lots 42, 44 and 52 Angus Street to the purchaser’s outlined within

the body of this report; ii). delegate authority to the Mayor and General Manager to sign and

execute all necessary documents including affixing Council’s Common Seal were required;

iii). write to Hercron requesting a meeting to discuss finalising

development 2 Limousin Street.

1138 RESOLVED That Council adopt the recommendation. (Cr C Roylance/Cr M Jelbart)

1039. RESOLVED that all matters in the main business paper, with the exception of those items

which have been withdrawn and which are duly referred to in order in the balance of these minutes, be adopted. (Cr D Booth/Cr G Falconer)

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SUMMARY OF MINUTES – 11 DECEMBER 2014

COUNCIL MEETING

Supplementary Part II

GENERAL MANAGER’S REPORT TO COUNCIL – PART II

CLAUSE 1 – LAND SWAP CONCEPT FORESTRY NSW

RECOMMENDATION That Council delegate the General Manager to continue discussions with Forestry NSW regarding acquisition of Lot 1618 DP750158, NSW Forestry’s Reymond Street site.

1140 RESOLVED That Council adopt the recommendation. (Cr P Miller/Cr B Mattiske)

BUSINESS WITHOUT NOTICE

1). 110 Lachlan Street, Forbes

1141 RESOLVED That Council receive a full report regarding the owner’s correspondence at the February 2015 meeting. (Cr P Miller/Cr C Roylance)

MAYOR’S REPORT TO COUNCIL

This report was deferred to the last item of the Supplementary Business Paper

CLAUSE 1 – GENERAL MANAGER’S ANNUAL PERFORMANCE REVIEW

SEPTEMBER 2013 TO SEPTEMBER 2014

RECOMMENDATION That Council: i). note and endorse the assessment of performance of the General

Manager arising from the meeting of the Performance Review Committee held on 20 November 2014;

ii). note and support the finding of the Committee on the September 2013

to September 2014 review period:

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“The performance of the General Manager has improved over the last 12 months with more consistency in actions. This is the first appointment of Mr Steffen as a General Manager and we are seeing improvements in performance since the last review”.

iii). note that under Clause 8.3 of the General Manager’s contract of

employment a performance increase in the General Manager’s Total Remuneration Package can be made;

iv). adopt a policy that the General Manager’s TRP shall be increased by

the following percentages should the Council rate the performance as 7 or above, being regarded by the Council as better than satisfactory performance:

Overall rating of 7 - 2% increase in TRP; Overall rating of 8 – 3% increase in TRP; Overall rating of 9 – 4% increase in TRP; Overall rating of 10 – 5% increase in TRP.

RESOLVED That Council: i). note and endorse the assessment of performance of the General Manager

arising from the meeting of the Performance Review Committee held on 20 November 2014;

ii). note and support the finding of the Committee on the September 2013 to

September 2014 review period: “The performance of the General Manager has improved over the last 12

months with more consistency in actions. This is the first appointment of Mr Steffen as a General Manager and we are seeing improvements in performance since the last review”.

iii). note that under Clause 8.3 of the General Manager’s contract of

employment a performance increase in the General Manager’s Total Remuneration Package can be made;

iv). adopt a policy that the General Manager’s TRP shall be increased by the

following percentages should the Council rate the performance as 7 or above, being regarded by the Council as better than satisfactory performance:

Overall rating of 7 - 1% increase in TRP; Overall rating of 8 – 2% increase in TRP; Overall rating of 9 – 3% increase in TRP; Overall rating of 10 – 4% increase in TRP. (Cr P Miller/Cr G Falconer) LOST

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1142 RESOLVED That Council: i). note and endorse the assessment of performance of the General

Manager arising from the meeting of the Performance Review Committee held on 20 November 2014;

ii). note and support the finding of the Committee on the September 2013

to September 2014 review period: “The performance of the General Manager has improved over the last

12 months with more consistency in actions. This is the first appointment of Mr Steffen as a General Manager and we are seeing improvements in performance since the last review”.

iii). note that under Clause 8.3 of the General Manager’s contract of

employment a performance increase in the General Manager’s Total Remuneration Package can be made;

iv). adopt a policy that the General Manager’s TRP shall be increased by

the following percentages should the Council rate the performance as 7 or above, being regarded by the Council as better than satisfactory performance:

Overall rating of 7 - 2% increase in TRP; Overall rating of 8 – 3% increase in TRP; Overall rating of 9 – 4% increase in TRP; Overall rating of 10 – 5% increase in TRP. (Cr G Miller/Cr D Booth)

………………………………… Cr Ron Penny

Mayor