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MINUTES

17 December 2015

MINUTES OF THE ORDINARY MONTHLY MEETING OF THE COUNCIL OF THE SHIRE OF FORBES HELD IN THE SHIRE CHAMBER FORBES ON THURSDAY 17 DECEMBER 2015.

SUMMARY OF MINUTES – 17 DECEMBER 2015COUNCIL 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

PRAYERMr Ron Barnes from the The Way Christian Fellowship

PRESENTATIONSNil.

PRESENTCr Phyllis Miller OAM, (Mayor) (Chair), Cr Graeme Miller, Cr Dennis Booth, Cr Graham Falconer, Cr Brian Mattiske, Cr Grant Clifton, Cr Jeff Nicholson and Cr Chris Roylance together with the General Manager, Director Engineering & Technical Services, Director Environmental Services & Planning, Director Corporate Services and Sophie Harris from the ‘Forbes Advocate’ Newspaper was also in attendance.

DECLARATIONS OF INTEREST1. Cr. Jeff Nicholson re: Clause 1 of the Director Engineering and Technical Services report -

Tender for the Supply and Delivery of Concrete

CONFIRMATION OF MINUTES OF THE ORDINARY MEETINGOF COUNCIL HELD ON 19 NOVEMBER 2015

1067.RESOLVED: that the minutes of the Council Meeting held on 19 November 2015 be adopted. (Cr D Booth/Cr J Nicholson)

APOLOGIESCr M. Jelbart (Cr G Miller/Cr J Nicholson)

CONDOLENCES1068.The Mayor reported the deaths of Kay Francis Sellars, Patricia Maude Hanley and Stephen

Dennis Sinclair. 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 J Nicholson/Cr C Roylance)

PUBLIC FORUM1. Angus Herbert re: Lot 55 DP 1088423, 2 Limousin Street.


2. Karl Lupis re: DA2015/103: Bird aviaries and shipping container at 128 Calarie Road, Forbes.

3. Peita and Nichole Back re: DA2015/103 - bird aviaries and shipping container at 128 Calarie Road, Forbes.

ADDRESS BY COUNCILLORSNil.

OPEN COUNCIL – PART IMeeting commenced at: 1:00 pm

Meeting adjourned for afternoon tea: 2:50 pm (Cr G Miller/Cr G Clifton)

Meeting resumed: 3:12 pm (Cr B Mattiske/Cr D Booth)

Motion to move into Closed Councilin Accordance with Section 10A of the Local Government Act 1993:Motion to exclude public and pressFrom the Committee of the Whole: 3:12 pm (Cr G Clifton/Cr G Miller)

CLOSED SECTION – PART IIMachinery Motion (Part II): 4:35 pm (Cr D Booth/Cr B Mattiske)

Machinery Motion (Part I): 4:35 pm (Cr G Falconer/Cr D Booth)

Meeting closed at: 4:35 pm


MATTERS IN PROGRESS – PART I CLAUSE 1 – LACHLAN VALLEY CUSTOMER SERVICE COMMITTEE (MATTER NO: 613/2015 (CRM: 8837/2015) 756/2015 (CRM: 9114/2015) 755/2015 (CRM: 9113/2015), 962/2015 (CRM: 9715/2015)

1069 RESOLVED

That Council convene a meeting in February with the Mid Lachlan Alliance and invite the Mayors of Cowra and Carathool and Mr David Papps, Commonwealth Environmental Water holder regarding translucent flows. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – PROPOSED NEW POSITION – SALEYARDS MANAGER (MATTER NO: 690/2015) (CRM: 8894/2015)

1070 RESOLVED

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

CLAUSE 3 – RELOCATION OF REFUGEES (MATTER NO: 969/2015) (CRM: 9719/2015)

1071 RESOLVED

That Council forward the Premier’s letter onto the Combined Churches Association for their information. (Cr D Booth/Cr C Roylance)

CLAUSE 4 – ADVERTISING ON TRUCKS (MATTER NO: 983/2015) (CRM: 9731/2015)

1072 RESOLVED

That Council advertise for expressions of interest to advertise on the side curtains of local semi-trailers. (Cr G Falconer/Cr D Booth)

CLAUSE 5 – RANGER’S REPORT (MATTER NO: 1028/2015) (CRM: 9743/2015)

1073 RESOLVED

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

CLAUSE 6 – FORBES SQUASH CLUB FINANCIAL ASSISTANCE (MATTER NO: 1063/2015) (CRM: 9768/2015)

1074 RESOLVED

That Council defer this matter to Part II. (Cr D Booth/Cr G Miller)


MAYOR’S REPORT TO COUNCIL – PART ICLAUSE 1 – CENTROC BOARD MEETING AND AGM

1075 RESOLVED

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

CLAUSE 2 - VANFEST

1076 RESOVLED

That Council write a letter of congratulations and thanks to the Vanfest committee. (Cr G Falconer/Cr D Booth)

CLAUSE 3 – THANK YOU AND MERRY CHRISTMAS

1077 RESOLVED


GENERAL MANAGER’S REPORT TO COUNCIL – PART ICLAUSE 1 – COMMUNITY SAFETY PRECINCT MEETING

1078 RESOLVED


CLAUSE 2 – IPART 2016/2017 RATE PEG FOR NSW LOCAL COUNCILS

1079 RESOLVED

That Council receive and note the information. (Cr C Roylance/Cr G Clifton)

CLAUSE 3 – NELSON PARK COMPLAINT

1080 RESOLVED

That Council

i). move into open discussion. (Cr J Nicholson/Cr C Roylance)

ii). move out of open discussion. (Cr C Roylance/Cr J Nicholson)

iii). update the existing remote signage to include NO ALCOHOL and THIS FACILITY IS TO BE USED DURING DAYLIGHT HOURS ONLY.

iv). Contact the Police to undertake patrols in the area. (Cr J Nicholson/Cr C Roylance)

CLAUSE 4 – REYMOND STREET PARK


1081 RESOLVED

That Council proceed to reclassify Reymond Street Park through the LEP process to operational land. (Cr G Falconer/Cr D Booth)

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL - PART I

CLAUSE 1 – INVESTMENT OF COUNCIL’S FUNDS – 30 NOVEMBER 2015:

1082 RESOLVED

That Council receive and note the information within the report and the Certificate of the Responsible Accounting Officer. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – RATES & CHARGES COLLECTION – NOVEMBER 2015

1083 RESOLVED


CLAUSE 3 – ROAD CLOSURE APPLICATION: UNFORMED ROADS

1084 RESOLVED

That Council advise the Department of Primary Industries, Lands that it has no objection to the proposed road closure of the Crown road at Forbes in the parish of Bocobidgle bounded to the north by Yarrabandai Road and to the south by Bedgerabong Road (File Ref: 09/07077, Cluster No. 557583).(Cr G Falconer/Cr D Booth)

CLAUSE 4 – PROCUREMENT REPORTING

1085 RESOLVED


CLAUSE 5 – REVOCATION OF OPERATIONAL POLICIES

1086 RESOLVED

That Council remove the policies: Access to Council’s Documents Policy (CS/043); Amusement Centre Regulations (ESP/002); Annual Leave Operation (CS/045); Electronic Mail Policy (CS/003); Staff - Higher Duties Policy (S40/066); Noxious Weeds Eradication Policy - Section 18 & 20 Notices & Prosecutions (ESP/009); OH&S Policy (CS/042); and Rewards Policy (CS/040) from operational control. (Cr G Falconer/Cr D Booth)

CLAUSE 6 – REVIEW OF POLICY: INVESTMENT POLICY

1087 RESOLVED

That Council


i). adopt the Investment Policy into the current policy register for integration into operational controls with a review date of February 2017.

ii). That Council reinstate the Finance Committee to commence at 11:30 am prior to each Council meeting. (Cr C Roylance/Cr J Nicholson)

CLAUSE 7 – REVIEW OF POLICY: ROADSIDE TIMBER COLLECTION POLICY

1088 RESOLVED

That Council adopt the amended Roadside Timber Collection Policy into the current policy register for integration into operational controls with a review date of February 2017. (Cr B Mattiske/Cr J Nicholson)

CLAUSE 8 – REVIEW OF POLICY: CODE OF MEETING PRINCIPLES AND PRACTICES POLICY

1089 RESOLVED

That Council place the draft Code of Meeting Principles and Practices Policy on public exhibition in accordance with Section 361 of the Local Government Act 1993. (Cr D Booth/Cr G Miller)

CLAUSE 9 – REVIEW OF POLICY: MODEL CODE OF CONDUCT

1090 RESOLVED

That Council adopt the amended Model Code of Conduct Policy into the current policy register for integration into operational controls with a review date of February 2017. (Cr D Booth/Cr G Miller)

DIRECTOR ENGINEERING & TECHNICAL SERVICES REPORT TO COUNCIL – PART I

CLAUSE 1 – REVIEW OF POLICY: WATER MAIN EXTENSION AND CONNECTION POLICY

1091 RESOLVED

That Council incorporate the Water Main Extension Policy into the current policy register for integration into operational controls with a review date of February 2017. (Cr G Falconer/Cr D Booth)

CLAUSE 2 - SEWER PUMPING STATION NO. 11 EXCESS ODOUR:

1092 RESOLVED

That Council:

i). call for an expression of interest to test and design an injection type oxygenation plant to address the elevated sulphite and methane levels being received at Pumping Station No. 11;


ii). staff alter the discharge point from Pump Station No. 2, from Pump Station No. 11 to a discharge manhole in Lions Park and install an earth bed garden at the same point. (Cr G Falconer/Cr D Booth)

DIRECTOR OF ENVIRONMENTAL SERVICES AND PLANNING REPORT TO COUNCIL – PART I

CLAUSE 1 – AMENDMENTS TO FORBES LOCAL ENVIRONMENTAL PLAN 2013

1093 RESOLVED

That Council continue with the Amendments to the Local Environmental Plan 2013 in accordance with the above table. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – CHANGE TO MINIMUM LOT SIZE FOR COMMUNITY AND STRATA TITLE DEVELOPMENT

1094 RESOLVED

That Council prepare a planning proposal to facilitate the introduction of a clause allowing the creation of Community Title and Strata Title Lots below the minimum lot size as illustrated on the Minimum Lot Size map.(Cr G Falconer/Cr D Booth)

CLAUSE 3 - DEVELOPMENT APPLICATION 2015/103 – BIRD AVIARIES AND SHIPPING CONTAINER – 128 CALARIE ROAD, FORBES

1095 RESOLVED

That Council:

i). move into open discussion. (Cr D Booth/Cr C Roylance)

ii). move out of open discussion. (Cr D Booth/Cr G Falconer)

That Council grant consent for the installation and use of the aviaries and storage container at 128 Calarie Road Forbes subject to the following conditions:


1. Stormwater from the aviaries being conveyed at least 3 metres clear from the structures through swale drains with stormwater being led to an evaporation area. Stormwater is not to be directed to the neighbouring properties or cause a nuisance. This work is to be undertaken within 30 days of notification of development consent.

REASON: To minimise impact on adjoining properties through stormwater.

2. Aviaries to be kept in a clean condition with no odours being detected from the adjoining residential properties.

REASON: To minimise the impact on the surrounding development.

3. The wall to the southern elevation of the walkway to the aviary closest to the southern boundary being clad with wall cladding to the satisfaction of Council.

REASON: To minimise the impact on the adjoining premises.

4. All waste emanating from the aviaries to be collected and disposed of on a regular basis to minimise the impact of odour.

REASON: To minimise the impact on adjoining neighbours.

5. Noises emanating from the aviaries to be no greater than 5 dBA above the background noise level at the adjoining residential property at any time.


6. The maximum number of adult birds permitted to be kept on the property is 28 with a maximum of 1 cockatoo.

REASON: To minimise the impact on adjoining neighbours and to comply with Council’s Policy on the Keeping of Animals.

7. No nuisance being caused to surrounding residents by the keeping of birds.


8. The approval for the installation of the aviaries and shipping container is a maximum of 12 months from the date of notification of development consent with the aviaries and shipping container being removed after this date. Any request for an extension beyond the 12 month period requires written consent to be obtained from Council and if granted may contain conditions for the upgrade of the aviary and shipping container and modifications to the number of birds kept on the site.

REASON: The application is for the temporary placement of aviaries and a shipping container.

9. The premises not being used for the commercial breeding of birds.


REASON: A separate development consent is required for commercial activities;

10. monitor the noise levels at 128 Calarie Road over a period of 3 months. and report back to Council. (Cr G Falconer/Cr G Clifton)

Councillors for: 5 Councillors Against: 4Cr P Miller, Cr G Clifton, Cr G Falconer, Cr C Roylance.Cr P Miller used her casting vote.

Cr D Booth, B Mattiske, J Nicholson, G Miller

DIRECTOR TOURISM, COMMUNITY AND CULTURAL DEVELOPMENT REPORT TO COUNCIL – PART I

CLAUSE 1 – CULTURAL ACHIEVEMENTS

1096 RESOLVED

That Council delegate the Mayor write letters of congratulations on behalf of the Council to the White Ribbon Day organising committee, Vanfest Pty Ltd, Forbes Town and District Band Inc and the Farmers Market organising committee for their very positive contribution to the community of Forbes. (Cr D Booth/Cr C Roylance)

CLAUSE 2 – 2015 COMMUNITY BUILDING PARTNERSHIPS PROGRAM

1097 RESOLVED

That Council receive job descriptions for Tourism, Community and Cultural staff at the next Council meeting. (Cr C Roylance/Cr G Falconer)

FORBES RIVERSIDE COMMUNITY GARDEN COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MEETING

Clause 2.1 Community Garden Improved Access

1098 RESOLVED

That Council note the completion of the work on the access doors to the Community Garden. (Cr G Falconer/Cr D Booth)

Clause 2.2 Propagation of Flowers to Sell

1099 RESOLVED

That Council note that the materials, resources and facilities for propagation of flowers are to be redirected towards propagation of other plants for the Community Garden. (Cr G Falconer/Cr D Booth)

Clause 2.3 Development of Late Crop of Seedlings for Sale


1100 RESOLVED

That Council note that the materials from the propagation of flowers will be redirected towards the propagation of a late crop of seedlings for sale. (Cr G Falconer/Cr D Booth)

Clause 2.4 Sprinkler System for Shade House

1101 RESOLVED

That Council note that the control system and valves have been installed for the sprinkler system, and that the sprinklers in the shade house just need to be installed. (Cr D Booth/Cr G Falconer)

CLAUSE 3 – GENERAL BUSINESS

Clause 3.1 Finance Update

1102 RESOLVED

That Council note the acceptance of the Finance Update. (Cr G Falconer/Cr D Booth)

Clause 3.2 Meeting Dates for 2016

1103 RESOLVED

That Council adopt 4 February, 3 March, 7 April, 5 May, 2 June, 7 July, 4 August, 1 September, 6 October, 3 November and 1 December as the meeting dates for the Forbes Riverside Community Garden Committee for 2016. (Cr G Falconer/Cr D Booth)

CLAUSE 4 BUSINESS WITHOUT NOTICE

Clause 4.1 Membership Drive

1104 RESOLVED

That Council note the Community Garden’s consideration of 2LVR’s offer of promotion of the Community Garden, and that the Committee will send a letter to the 2014-2015 non current financial members regarding renewal of their membership for the 2015-2016 financial year. (Cr G Falconer/Cr D Booth)

Clause 4.2 Letter of Appreciation for Topsoil from Moxeys

1105 RESOLVED

That Council note the writing of a letter and certificate of appreciation to Moxeys from the Community Garden. (Cr G Falconer/Cr D Booth)

Clause 4.3 Purchasing of a Shredder


1106 RESOLVED

That Council note the Community Garden’s intention of purchasing a shredder for the purpose of converting woody material into mulch for use in the compost bins. (Cr G Falconer/Cr D Booth)

ENVIRONMENT ADVISORY COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING

Clause 1.1 Dreaming Centre Toilets and Barbecue Facilities

1107 RESOLVED

That Council:

i). note the action to date seeking grant funding for the construction of a toilet block and barbecue facilities at the Dreaming Centre;

ii). refer the proposal for the toilet block structure to the Forbes Floodplain Management committee. (Cr D Booth/Cr C Roylance)

Clause 1.2 Ideas Sharing with Youth Advisory Committee, Heritage Advisory Committee and Forbes Aboriginal and Community Working Party

1108 RESOLVED

That Council hold a facilitated meeting of the Environment Advisory Committee, Youth Advisory Committee, Heritage Advisory Committee and Forbes Aboriginal and Community Working Party in March 2016.(Cr D Booth/Cr C Roylance)

Clause 1.3 Stand at the Kalari-Lachlan River Arts Festival

1109 RESOLVED

That Council note the promotion of Council’s activities at the 2015 Kalari-Lachlan River Arts Festival (Cr D Booth/Cr C Roylance)

Clause 1.4 75 Tree Project and Centenary Avenue

1110 RESOLVED

That Council note the ongoing process in the 75 Tree Project and Centenary Avenue (Cr D Booth/Cr C Roylance)

Clause 1.5 Biodiversity Walkway and Lake Forbes Management Plan


1111 RESOLVED

That Council note the minutes of the initial workshop to develop a Biodiversity Walkway and Lake Forbes Management Plan and hold a second workshop on 10 February 2016 at 5:30pm (Cr D Booth/Cr C Roylance)

Clause 1.6 Landfill Tour

1112 RESOLVED

That Council arrange a tour of the Mudgee Landfill for Environment Advisory Committee members in March 2016 (Cr D Booth/Cr C Roylance)

Clause 1.7 Tesla

1113 RESOLVED

That Council:

i). note the initial approach to Tesla making enquiries as to the feasibility of providing a fuelling station in Forbes; and

ii). approach Goulburn City Council to discuss their experience (Cr D Booth/Cr C Roylance)

CLAUSE 2 – GENERAL BUSINESS

Clause 2.1 150 Trees Signage

1114 RESOLVED

That Council:

i). request the Environment Advisory Committee to develop an appropriate sign for the 150 Tree Area; and

ii). provide as an agenda item, details on Council’s Standard Signage to the February 2016 Environment Advisory Committee Meeting.

(Cr G Falconer/Cr C Roylance)

Clause 2.2 Nomination of Projects for Environmental Awards

1115 RESOLVED

That Council note the committee is considering developing an Environmental Awards Program over the next 12 months (Cr G Falconer/Cr C Roylance)

Clause 2.3 Promotion of Carp Pit

1116 RESOLVED

That Council note the Environmental Advisory Committee’s promotion of the Carp Pit and Cotton’s Weir through local media (Cr G Falconer/Cr C Roylance)

Clause 2.4 Profile of other Environment Advisory Committees


1117 RESOLVED

That Council invite a representative from another Council’s Environment Advisory Committee to meet with the Forbes Environment Advisory Committee (Cr G Falconer/Cr C Roylance)

Clause 2.5 Carp Support Day

1118 RESOLVED

That Council note the actions in relation to the Carp Support Day. (Cr G Falconer/Cr C Roylance)

Clause 2.6 Meeting Dates for 2016

1119 RESOLVED

That Council adopt 3 February, 6 April, 8 June, 3 August, 5 October and 7 December as the meeting dates of the Environment Advisory Committee for 2016. (Cr G Falconer/Cr C Roylance)

CLAUSE 3 – BUSINESS WITHOUT NOTICE

Clause 3.1 Roadside Vegetation Management Plan

1120 RESOLVED

That Council provide an update on the Roadside Vegetation Management Plan for the February 2016 Environment Advisory Committee Meeting. (Cr G Falconer/Cr B Mattiske)

Clause 3.2 Short-stay Rest Area

1121 RESOLVED

That Council undertake regeneration of a quarter of the short-stay rest area on a rotating basis. (Cr G Falconer/Cr B Mattiske)

SERVICES/WORKS/COMMUNITY COMMITTEE REPORT TO COUNCIL – PART I

SERVICES REPORTCLAUSE 1 – DEVELOPMENT AND BUILDING

Development Applications

1122 RESOLVED

That Council note the $587,920 of Development Applications lodged for the November reporting period. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – REGULATORY CONTROL


Clause 2.1 Ranger’s Report:

1123 RESOLVED

That Council receive and note the Ranger’s report for November 2015. (Cr G Falconer/Cr D Booth)

CLAUSE 3 - MISCELLANEOUS

Clause 3.1 Joint Kerbside Waste Collection, Recycling and Organics Service

1124 RESOLVED

That Council note the progress of the new Joint Waste Services contract. (Cr G Falconer/Cr D Booth)

WORKS REPORTCLAUSE 1 - TECHNICAL SERVICES REPORT

1125 RESOLVED

That Council receive and note the Technical Services report. (Cr G Falconer/Cr D Booth)

CLAUSE 2 - ENGINEERING SERVICES REPORT

1126 RESOLVED

That Council receive and note the Engineering Services report.(Cr G Falconer/Cr D Booth)

CLAUSE 3 – NOXIOUS WEEDS REPORT

1127 RESOLVED

That Council receive and note the Noxious Weeds report. (Cr G Falconer/Cr D Booth)

CLAUSE 4 – NORTH FORBES PUBLIC SCHOOL FOOTPATHS

1128 RESOLVED

That Council:


i). repair the Facey Street footpath on the boundary of Forbes North Public School utilising the 2015/2016 Paved Footpath Maintenance Budget at an estimated cost of $4,000;

ii). repair the kerb and gutter and road pavement in Thomson Street opposite the Forbes North Public School bus stop utilising the 2015/2016 Kerb and Gutter Maintenance Budget at an estimated cost of $5,000;

iii). consider funding the capital upgrade of the footpaths in York Street, Thomson Street and Facey Street adjacent to the Forbes North Public School in the 2016/2017 budget at an estimated cost of $87,000.

(Cr D Booth/Cr G Miller)

CLAUSE 5 - CHEMICAL DOSING TRIAL

1129 RESOLVED

That Council:

i). apply to the NSW Public Works and Services, NSW Department of Primary Industries (Water) and NSW Health to undertake a case trial period on both surface water and ground water using the Coagulant Enhancer SE287;

ii). undertaken the trial in autumn when water demand would be lower than summer;

iii). in partnership with NSW Public Works and Services, NSW Department of Primary Industries (Water) and NSW Health monitor this trial to assess the value of a long term use of this product.

(Cr G Falconer/Cr J Nicholson)

CLAUSE 6 - REQUEST TO SEAL BATTYE LANE

1130 RESOLVED

That Council:

i). not seal Battye Lane due to no budget allocation for 2015/2016;

ii). consider the unsealed urban lanes program after the CBD Lanes Program has been completed in 2016/2017 financial year;

iii). add Battye Lane to the Unsealed Urban Lanes Program;

iv). advise the resident of Council’s decision. (Cr G Falconer/Cr J Nicholson)

COMMUNITY REPORTCLAUSE 1 – COMMUNITY ACTIVITIES


1131 RESOLVED

That Council receive and note the Community activities report.(Cr G Falconer/Cr D Booth)

CLAUSE 2 – COUNCIL BUSINESS UNITS ACTIVITY

1132 RESOLVED

That Council receive and note the Business Unit Activity report.(Cr G Falconer/Cr D Booth)

CLAUSE 3 – COUNCIL COMMUNITY COMMUNICATIONS ACTIVITY

1133 RESOLVED

That Council receive and note the Communications Activity report.(Cr G Falconer/Cr D Booth)

CLAUSE 4 – GRANTS ACTIVITY

1134 RESOLVED

That Council receive and note the Grant Activities report.(Cr G Falconer/Cr D Booth)

CLAUSE 5 – FORBES ABORIGINAL AND COMMUNITY WORKING PARTY

1135 RESOLVED

That Council write to the convener of the Forbes Aboriginal and Community Working Party to congratulate them on their Ngumbayy-dyil initiatives.(Cr G Falconer/Cr D Booth)

GENERAL MANAGERCLAUSE 1 – FORBES PRESCHOOL

Cr. J Nicholson declared an interest in this matter on account of family interests and did not vote on this matter and did not leave the meeting

1136 RESOLVED

That Council increase the Forbes Preschool loan from $451,987 to $491,987. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – CLEMATIS STREET PARK COMMUNITY CONSULTATION MEETING


1137 RESOLVED

That Council schedule an onsite consultation meeting for Clematis Street Park after the February 2016 Services/Works/Community meeting. (Cr G Falconer/Cr D Booth)

CLAUSE 2 – ANY OTHER BUSINESS: As declared urgent by the Chairman 1). Forbes Homemakers Centre

1138 RESOLVED


Motion to move into Part II. (Cr G Falconer/Cr D Booth)

TOURISM AND PROMOTION COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MINUTES

Clause 1.1 Vanfest Public Meeting:

1139 RESOLVED


Clause 1.2 The Department of Tourism, Community and Cultural Development Staff Appointments:

1140 RESOLVED


CLAUSE 2 – NEW BUSINESS

Clause 2.1 Forbes Tourism 2021:

1141 RESOLVED

That Council receive and note the information. (Cr D Booth/Cr C Roylance)

Clause 2.2 Visitor Information Report:

1142 RESOLVED

That Council receive and note the Visitor Information Report. (Cr D Booth/Cr C Roylance)

Clause 2.3 Events Update:


1143 RESOLVED

That Council receive and note the information Report. (Cr D Booth/Cr C Roylance)


Clause 3.1 Kalari Lachlan River Arts Festival

1144 RESOLVED

That Council send a letter to the River Arts Committee on behalf of the Tourism & Promotion Committee conveying congratulations and encouragment for 2017. (Cr D Booth/Cr G Miller)

Clause 3.2 Destination NSW Regional Visitor Economy Fund (RVET) Grant Application

1145 RESOLVED

That Council update the committee on the outcome of the grant application. (Cr D Booth/Cr G Miller)

Clause 3.3 Invitation to Forbes Taxi Combined

1146 RESOLVED

That Council invite a representative of Forbes Taxis Combined to the next Tourism and Promotion Committee in February. (Cr D Booth/Cr G Miller)

Clause 3.4 Standard of Accommodation in Forbes

1147 RESOLVED

That Council investigate legislation advice about room inspections. (Cr D Booth/Cr G Miller)

FORBES TRAFFIC ADVISORY COMMITTEE – REPORT TO COUNCIL – PART I

CLAUSE 1 - BUSINESS ARISING

Clause 1.1 Rankin Street Pedestrian Crossing – Installation of Kerb Extensions

1148 RESOLVED

That Council note the Committee’s preference was for Option 1 – kerb extensions rather than kerb blisters. (Cr G Falconer/Cr D Booth)

Clause 1.2 Alcheringa Bus Stop


1149 RESOLVED

That Council receive and note that the Alcheringa Bus Stop is now operating. (Cr G Falconer/Cr D Booth)

CLAUSE 3 – CORRESPONDENCE

Clause 3.1 Forbes Bridge Club – Additional Disabled Parking at Services Club

1150 RESOLVED

That Council advise the Forbes Bridge Club to approach the Services Club and request that it install some disabled parking places within its carpark north of the club. (Cr G Falconer/Cr C Roylance)

Clause 3.2 Request for Horse Crossing Signage on Ada Street

1151 RESOLVED

That Council:

i). request the NSW Police Force to undertake some speed enforcement in the area of Show Street;

ii). request the Road Safety and Injury Prevention Officer includes Show Street in the next speed awareness campaign;

iii). make no change to the existing horse crossing signage. (Cr G Falconer/Cr C Roylance)

Clause 3.3 Forbes Public School Request to Install a LED Digital Sign in School Grounds

1152 RESOLVED

That Council receive and note the information that the matter will be addressed through the Development Application process. (Cr G Falconer/Cr C Roylance)

Clause 3.4 Motor Neurone Disease Walk Event

1153 RESOLVED

That Council approve the short term road closure of Wambat Street, Camp Street and Lachlan Street for the Motor Neurone Disease Walk event on 17 April 2016 subject to the following conditions:

i). that organisers provide evidence of Public Liability insurance for $20M that is valid for the event and includes Forbes Shire Council as a declared interested party for the event and is to the General Manager’s satisfaction;

ii). that an updated Traffic Management Plan is provided prior to the event for approval and implementation in full on the day;

iii). notification of all road closures to emergency services;


iv). compliance with any directive or conditions as imposed by NSW Police Force;

v). compliance with any directive or conditions as imposed by Forbes Shire Council officers. (Cr G Falconer/Cr C Roylance)

Clause 3.5 VanFest – Traffic Management Plan

1154 RESOLVED

That Council advise the organisers of VanFest

i). that the Forbes Traffic Advisory Committee preferred the Junction Street option for B-Doubles bypassing the Show Street closure;

ii). should the organisers decide to proceed with the current plant to escort B-Doubles through the road closure that TCP1and TCP3 should be modified to have a Traffic Controller at the heavy vehicle holding area;

iii). there should be a Traffic Control Plan developed for the closure of Racecourse Road between Farnell Street and the Showground entrance/exit to detour existing traffic west to the Bedgerabong Road;

iv). that they are required to attend a debrief session to discuss the effectiveness of the traffic management and any changes that may be recommended for future events. (Cr G Falconer/Cr C Roylance)

Clause 3.6 Forbes Christmas Carnival & Christmas Promotional Draw

1155 RESOLVED

That Council approve the closure of Templar Street from Lachlan Street to Rankin Street and Rankin Street from Hughes Plaza to Battye Street on 5 December 2015 between 7:00am and 2:30pm and Battye Street from Rankin Street to Lawler Street on 24 December 2015 between 2:00pm and 3:30pm for the Forbes Christmas Carnival and activities subject to the following conditions:


ii). the Traffic Management Plans 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. (Cr G Falconer/Cr C Roylance)


Clause 3.7 Request to Change 2 Hour Parking Zone in Rankin Street in front of Forbes Inn and Commercial Hotel

1156 RESOLVED

That Council

i). move into open discussion. (Cr C Roylance/Cr J Nicholson)

ii). move out of open discussion. (Cr G Falconer/Cr C Roylance)

iii). maintain the existing 2 hour parking zone along Rankin Street adjacent to the Forbes Inn and Commercial Hotel.

iv). Investigate the existing 2 hour parking arrangements in the CBD. (Cr G Falconer/Cr C Roylance)

Clause 3.8 Australia Day Celebrations

1157 RESOLVED

That Council approve the closure of Lachlan Street from Riley Street to Junction Street on 26 January 2016 for the Australian Day celebrations subject to the following conditions:


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 NSW Police Force;

vi). a representative of the organising committee is present on site at all times. (Cr G Falconer/Cr C Roylance)

Clause 3.9 Extension of Flashing School Zone Lights Program

1158 RESOLVED

That Council receive and note information on the extension of the Flashing School Zone Lights program. (Cr G Falconer/Cr C Roylance)

Clause 3.10 Forbes Triathlon 21 February 2016

1159 RESOLVED

That Council provide approval for the event subject to the following conditions:


i). Organisers provide evidence of Public Liability insurance for $20M that is valid for the event and includes Forbes Shire Council as a declared interested party for the event and is to the General Manager’s satisfaction;

ii). Organisers obtain NSW Police Force approval via a Bicycle Race Event Permit;

iii). Organisers update the TCP to include “Cyclist Race in Progress” advanced warning signage and that the TCP be used at the Aquatic Area entrance/exit and at the turn around location and implement the updated TCP in full on the day of the event;

iv). Bicycle race events having participant registration forms, NSW Police Forbes and Forbes Shire Council should be included in a statement of waiver or release of damages for signature by bicycle race participants or guardians;

v). Riders shall follow the road rules unless special traffic control is provided. (Cr G Falconer/Cr C Roylance)

Clause 3.11 Elvis on Lake Event

1160 RESOLVED

That Council provide approval for the closure of the section of Gordon Duff Drive on 9 January 2016 between 12pm (midday) to 12am (midnight) subject to the following conditions:

i). Organisers provide evidence of Public Liability insurance for $20M that is valid for the event and includes Forbes Shire Council as a declared interested party for the event and is to the General Manager’s satisfaction;

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 NSW Police Force;

vi). A representative of the organising committee is present on site at all times. (Cr G Falconer/Cr C Roylance)

Clause 3.12 Speeding along Farnell Street

1161 RESOLVED

That Council:

i). request the NSW Police Force to task Farnell Street for speed enforcement;


ii). request the Road Safety and Injury Prevention Officer includes Farnell Street in the next speed awareness campaign.

(Cr G Falconer/Cr C Roylance)

Clause 3.13 Annual Forbes Running Club – Lake Forbes Charity Fun Run

1162 RESOLVED

That Council:

i). note and endorse the approval and conditions for the 2015 Forbes Running and Triathlon Club Charity Fun Run/Walk;

ii). send a letter to the applicant advising of the need to lodge Special Event Applications at least three (3) months prior to the staging of the event. (Cr G Falconer/Cr C Roylance)

Clause 3.14 Boomerang March

1163 RESOLVED

That Council note and endorse the approval and conditions for Boomerang March held on 30 October 2015. (Cr G Falconer/Cr C Roylance)

CLAUSE 4 – REPORTS:

Clause 4.1 Road Safety & Injury Prevention Officer’s Quarterly Report for July - September 2015

1164 RESOLVED

That Council receive and note information provided in the Road Safety and Injury Prevention Officer’s Quarterly report for July to September 2015. (Cr G Falconer/Cr D Booth)

CLAUSE 5 – GENERAL BUSINESS:

Clause 5.1 Request for Upgrade of School Bus Turnaround and Bus Stops

1165 RESOLVED

That Council receive and note the information provided in relation to the Bedgerabong School Bus Stop and other bus stops along the existing bus route. (Cr G Falconer/Cr D Booth)

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

Clause 6.1 Collett Lane – Extension of Loading Zone

1166 RESOLVED

That Council approve the extension of the loading zone by approximately 4 metres to the western side of the roller door access. (Cr G Falconer/Cr D Booth)


Clause 6.2 VanFest Drop-off Area

1167 RESOLVED

That Council receive and note the information on the VanFest drop-off area. (Cr G Falconer/Cr D Booth)

Clause 6.3 50km/hr Speed Zone along The Escort Way at Edge of Forbes

1168 RESOLVED

That Council write to the Roads and Maritime Services to request a speed zone review of the 50KPH zone along The Escort Way at the entrance to Forbes. (Cr G Falconer/Cr D Booth)

INWARD CORRESPONDENCE – OPEN COUNCIL – PART ICLAUSE 1 – DONATIONS BUDGET

1169 RESOLVED

That Council increase the donations budget at the next quarterly budget review. (Cr G Falconer/Cr C Roylance)

CLAUSE 2 – DONATIONS

Clause 2.1 Funding Request: Forbes Rodeo Inc

1170 RESOLVED

That Council donate $500 for the Forbes Rodeo Inc for sponsorship of the 2016 Rodeo event on the proviso Council receives recognition as a sponsor. (Cr G Falconer/Cr J Nicholson)

Clause 2.2 Funding Request: Soil C Quest

1171 RESOLVED

That Council:

I) not donate to Soil C Quest to produce a video to support their crowd funding campaign.

II) advise Soil C Quest of the funding opportunities available from the Grains Research and Development Corporation.

(Cr G Falconer/Cr D Booth)

CLAUSE 4 – REGIONAL WEED COMMITTEE: CALL FOR NOMINATIONS


1172 RESOLVED

That Council nominate Cr G Falconer as Council’s representative on the Central West Regional Weed Committee with Cr B Mattiske as the alternate representative. (Cr C Roylance/Cr B Mattiske)

CLAUSE 4 – LETTERS OF APPRECIATION

1173 RESOLVED

That Council receive and note the information.

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

1174.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 G Falconer/Cr D Booth).



Supplementary Part I

BUSINESS AND INDUSTRY COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MEETINGS

Clause 1.1 Economic Development Policies

1175 RESOLVED

That Council receive and note the information. (Cr C Roylance/Cr G Falconer)

Clause 1.2 TAFE

1176 RESOLVED

That Council receive and note the information. (Cr G Falconer/Cr J Nicholson)

Clause 1.3 Development Application Process

1177 RESOLVED

That Council receive and note the information (Cr G Falconer/Cr G Miller)

Clause 1.4 Regional Transport Infrastructure

1178 RESOLVED

That Council receive and note the information (Cr D Booth/Cr G Falconer)

CLAUSE 2 – NEW BUSINESS

Clause 2.1 Successful Funding Applications

1179 RESOLVED

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

Clause 2.2 Golf Tournaments

1180 RESOLVED

That Council receive and note the information. (Cr G Miller/Cr G Falconer)


Clause 3.1 Vanfest

1181 RESOLVED


That Council write a letter to the organisers of Vanfest congratulating them on the success of the event and thanking them for bringing it to Forbes. (Cr G Falconer/Cr D Booth)

MAYOR’S REPORT TO COUNCIL – PART ICLAUSE 1 – FORBES NETBALL ASSOCIATION

1182 RESOLVED

That Council forward a letter to the Forbes Netball Association articulating the progress that will be made in the future. (Cr C Roylance/Cr G Clifton)

BUSINESS WITHOUT NOTICE1). Forbes PA & H Association:

1183 RESOLVED

That Council:

i) establish a sunset committee with the Forbes PA & H Association for twelve months in relation to a Master Plan for maintenance of the showground;

ii) appoint Crs G Miller (Chair), Cr B Mattiske and Cr Falconer and invite the PA & H to nominate three representatives.

(Cr G Falconer/Cr G Miller)



Part II

PRESENTCr Phyllis Miller OAM, (Mayor) (Chair), Cr Graeme Miller, Cr Dennis Booth, Cr Graham Falconer, Cr Brian Mattiske, Cr Grant Clifton, Cr Jeff Nicholson and Cr Chris Roylance together with the General Manager, Director Engineering & Technical Services, Director Environmental Services & Planning, Director Corporate Services, Director Tourism, Cultural & Community Development.

APOLOGIESCr M. Jelbart.

CLOSED COUNCIL1184.RESOLVED that Council move into closed Council. (Cr G Clifton/Cr G Miller)

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:


CLAUSE 1 – MATTER NO: 1063/2015 (CRM: 9768/2015)

1185 RESOLVED

That Council receive and note the information. (Cr G Falconer/Cr C Roylance)

MAYOR’S REPORT TO COUNCIL – PART I I CLAUSE 1 – HOMEMAKERS CENTRE NATIONAL AUSTRALIAN BANK LOAN

1186 RESOLVED

That Council receive and note the information. (Cr J Nicholson/Cr B Mattiske)

COMMUNITY REPORT TO COUNCIL – PART ICLAUSE 1 – INDUSTRIAL ESTATES COUNCIL LAND SALES

1187 RESOLVED

That Council:

i). move into open discussion. (Cr C Roylance/Cr D Booth)

ii). move out of open discussion. (Cr G Falconer/Cr G Clifton)

iii). place an order on the owner of Lot 102 of the Central West Industrial Park to complete development within 12 months;

iv). rescind Lot 53, 17 Angus Street and notify solicitors to commence termination proceedings;

v). grant an extension for completion of Lot 41, 8 Angus Street until 31 December 2015, if not complete no further extensions given, Council to rescind block and notify solicitors to commence termination proceedings;

vi). delegate the General Manager and Mayor to meet with Hercron Pty Ltd;

vii). note the remainder of the report. (Cr G Falconer/Cr C Roylance)

BUSINESS WITHOUT NOTICE1). Contracts for Council Land

1188 RESOLVED

That Council adopt a policy in regards to land where contracts contain time limited conditions that the Christmas New Year period is extend by 30 days.(Cr G Falconer/Cr C Roylance)


DIRECTOR ENGINEERING SERVICES – REPORT TO COUNCIL – PART II

CLAUSE 1 - TENDER 2015/9 – PROVISION SUPPLY & DELIVERY OF READY MIXED CONCRETE:

Cr. J Nicholson declared an interest in this matter on account of family interests and left the meeting at 4:10 pm

1189 RESOLVED

That Council award Contract 2015-9 Provision Supply and Delivery of Ready Mixed Concrete to Forbes Concrete Pty Ltd, trading as Lachlan Readymix, for the two (2) year period commencing 1 January 2016. Cr G Falconer/Cr C Roylance)

Cr. J Nicholson returned to the meeting at 4:12 pm

CLAUSE 2 - TENDER 2015/11 – PROVISION OF ASPHALT PATCHING

1190 RESOLVED

That Council award contract 2015/11 - Provision Asphalt Heavy Patching to Downer EDi Pty Ltd to undertake night asphalt patching works at a cost of $287,346.00 GST exc. (Cr D Booth/Cr B Mattiske)

CLAUSE 3 – STREET BINS

1191 RESOLVED

That Council:

i). purchase 25 bins and 5 recycling bins from StraḂe (option 2) and install them in Lachlan Street, Rankin Street, Templar Street, Lions Park and Apex Park at a cost of $47,650 (excluding GST);

ii). consider a staged bin replacement programme in the 2016/2017 Budget. (Cr G Miller/Cr C Roylance)

CLAUSE 4 - CONTRACT No 2015/13 – PEDESTRIAN & CYCLING STRATEGY:

1192 RESOLVED

That Council:

i). award the Contract for the preparation of Forbes Pedestrian and Cycling Strategy to Ross Planning for a lump sum fee of $48,800;


ii). endorse the Forbes Pedestrian and Cycling Strategy Steering Committee of Councillor RepresentativeEngineering Representative/Project ManagerPlanning RepresentativeTourism, Community & Cultural Development RepresentativeRoads and Maritime Services RepresentativeRoad Safety and Injury Prevention Officer;

iii). nominate Cr Nicholson to chair/participate on a Steering Committee providing review during the various development stages of the Forbes Pedestrian and Cycling Strategy. (Cr G Miller/Cr G Falconer)

DIRECTOR5 ENVIRONMENTAL SERVICES & PLANNING REPORT TO COUNCIL – PART I

CLAUSE 1 – FORBES FLOOD STUDY REVIEW AND FLOOD PLAN RISK MANAGEMENT STUDY AND PLAN CONSULTANT TENDER REVIEW

1193 RESOLVED

That Council:

i). issue a Work Plan to the Office of Environment & Heritage nominating Lyall & Associates as the successful Tenderer for Tender 2015/12 – Forbes Flood Study Review and Floodplain Risk Management Study and Plan;

ii). upon ratification of Office of Environment and Heritage appoint Lyall and Associates as the successful Tenderer.

(Cr D Booth/Cr B Mattiske)

CLAUSE 2 – DAROOBALGIE WASTE FACILITY

1194 RESOLVED

That Council defer this matter until a further report is received. (Cr G Falconer/Cr D Booth)



Supplementary Part II

MAYOR’S REPORT TO COUNCIL – PART IICLAUSE 1 – LEGAL MATTER

1195 RESOLVED

That Council receive and note the information. (Cr C Roylance/Cr G Falconer)

GENERAL MANAGER’S REPORT TO COUNCIL – PART IICLAUSE 1 – INDUSTRIAL LAND

1196 RESOLVED

That Council:

i). adopt a commercial valuation for Landrace blocks of $25 per square metre;

ii). delegate the Mayor and General Manager to negotiate selling prices and potential incentives with the purchaser and report back to Council.

(Cr G Miller/Cr D Booth)

1197 RESOLVED

That Council revamp the sign on the vacant block near the Homemakers Centre. (Cr C Roylance/Cr G Clifton)

…………………………………Cr Phyllis Miller OAM

MAYOR