SUMMARY OF MINUTES – 21 JULY COUNCIL MEETING OF MINUTES ... 1. Andrew McDonald re: DA2016/20 ......

MINUTES

17 May 2016

MINUTES OF THE ORDINARY MONTHLY MEETING OF THE COUNCIL OF THE SHIRE OF FORBES HELD IN THE SHIRE CHAMBER FORBES ON TUESDAY 17 MAY 2016.

SUMMARY OF MINUTES – 17 May 2016

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

David Virtue from Havannah House

PRESENTATIONS

1. Marg Appleby - Central West Lachlan Landcare 2. Keith Mullette – Expansion of the Dreaming Centre Project

PRESENT

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

DECLARATIONS OF INTEREST

1. Cr Jeff Nicholson re: Clause 1 Change of lot size DA2016/28 Construction of a dwelling,

shed and in-ground pool at 97-101 Bathurst Street.

CONFIRMATION OF MINUTES OF THE ORDINARY MEETING

OF COUNCIL HELD ON 21 APRIL 2016

364. RESOLVED: that the minutes of the Council Meeting held on 21 April 2016 be adopted. (Cr J Nicholson/Cr M Jelbart)

APOLOGIES

Nil.


CONDOLENCES

365. The Mayor reported the deaths of Arthur Francis Hardy, Kevin George Shead, Robert

William Parsons, Vida Lucile Crouch, May Olsen, Phyllis Irene Emms, Charlotte Agnes Patterson, Alexander James Buchanan and June West. 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 B Mattiske)

PUBLIC FORUM

1. Andrew McDonald re: DA2016/20 – 14 Clement Street, Forbes 2. Brendan Hayes re: DA2016/20 – 14 Clement Street, Forbes

PRESENTATIONS BY COUNCILLORS

1. Cr Graeme Miller re: PA & H Sunset Committee update.

366 RESOLVED That Council forward a letter of appreciation to Landmark, Tom Norris and Agriwest thanking them for their time and contributions to the vital improvement works at the Showground. (Cr G Miller/Cr G Falconer)

OPEN COUNCIL – PART I

Meeting commenced at: 9:01 am Meeting adjourned for morning tea: 10:25 am (Cr D Booth/Cr B Mattiske) Meeting resumed: 10:45 am (Cr D Booth/Cr G Clifton) 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: 11:00 am (Cr D Booth/Cr B Mattiske) Motion to move into of Closed Council: 11:00 am (Cr G Falconer/Cr G Clifton) Motion to move out of Closed Council: 11:33 am (Cr G Falconer/Cr G Clifton)

CLOSED SECTION – PART II

Machinery Motion (Part II): 11:34 am (Cr M Jelbart/Cr G Miller)


Machinery Motion (Part I): 11:35 am (Cr C Roylance/Cr G Clifton) Meeting closed at: 11:42 am

MATTERS IN PROGRESS – PART I

CLAUSE 1 – LACHLAN VALLEY CUSTOMER SERVICE COMMITTEE

367 RESOLVED That Council write to Tracey Brownbill (Chair) of the Lachlan Riverine Working Group to ensure Council receives a copy of the changes to the Water Sharing Plan for the Lachlan Valley. (Cr G Falconer/Cr B Mattiske)

CLAUSE 2 – LIMESTONE ROAD (MATTER NO: 550/2015) (CRM: 8573/2015)

(MATTER NO: 966/2015) (CRM: 9718/2015)

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

CLAUSE 3 – APEX RIVERSIDE TOURIST PARK/JREC SHORT TERM

ACCOMMODATION TENDER & CONTRACT (MATTER NO:1064/2015) (CRM:

9769/2015)

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

CLAUSE 4 – PROSTATE CANCER AWARENESS SEMINAR (MATTER NO:

11/2016) (CRM: 10506/2015)

370 RESOLVED That Council convene a meeting of Cr Booth, Cr P Miller, John Schrader and relevant Council employees in relation to the preparation and public awareness campaign for the Prostate Cancer Awareness Seminar to be held in September, 2016. (Cr D Booth/Cr C Roylance)

MAYOR’S REPORT TO COUNCIL – PART I

CLAUSE 1 – MITCHELL CONSERVATORIUM

371 RESOLVED That Council pay the rental for the Mitchell Conservatorium, being $170 per week, for an initial period of 12 months, with a review of the situation to be undertaken after 9 months of this initial lease arrangement. (Cr D Booth/Cr C Roylance)


CLAUSE 2 – MEETINGS/FUNCTIONS ATTENDED

372 RESOLVED That Council adopt the report and note the meetings/function attended. (Cr C Roylance/Cr G Clifton)

ACTING GENERAL MANAGER’S REPORT TO COUNCIL – PART I

CLAUSE 1 – NSW OFFICE OF LOCAL GOVERNMENT (OLG)

373 RESOLVED That Council: i). receive and note the report on the OLG‟s advice of April, 2016 relative

to this Council‟s assessment for the future under the State Government‟s reform agenda; and

ii). continue to ensure that Council‟s position of being a stand alone

Council is strongly prosecuted whenever, and wherever, possible. (Cr C Roylance/Cr G Clifton)

DIRECTOR CORPORATE SERVICES REPORT TO COUNCIL -

PART I

CLAUSE 1 – INVESTMENT OF COUNCIL’S FUNDS – 30 APRIL 2016

374 RESOLVED: That Council receive and note the information within the report and the Certificate of the Responsible Accounting Officer. (Cr C Roylance/Cr G Clifton)

CLAUSE 2 – RATES & CHARGES COLLECTION AS AT 4 MAY 2016

375 RESOLVED That Council adopt the rates and collection report as at 4 May 2016. (Cr C Roylance/Cr G Clifton)

CLAUSE 3 – PROCUREMENT REPORTING

376 RESOLVED That Council adopt the procurement report. (Cr C Roylance/Cr G Clifton)

CLAUSE 4 – 2016 FORBES SHOW


377 RESOLVED That Council not declare a half day local event day for the 2016 Forbes Show. (Cr C Roylance/Cr G Clifton)

CLAUSE 5 – LEASE OF UNFORMED ROAD (BERKSHIRE LANE)

378 RESOLVED That Council: i). undertake statutory consulting in accordance with the provisions of

the s.154 Roads Act 1993 of the intention to grant a five (5) year lease of that part of unformed public road adjoining Lot 1359 DP750158;

ii). receive a report for consideration if any submissions objecting to the

lease are received; and iii). grant a lease, if no submissions are received, to the owner of Lot 1359

DP750158 for the section of unformed public road adjoining 1359 DP750158. (Cr C Roylance/Cr G Clifton)

CLAUSE 6 – AMENDMENT TO 2015/16 FEES AND CHARGES

379 RESOLVED That Council amend the Guided Tour fees and charges within the 2015/16 Operational Plan Fees and Charges Schedule. (Cr C Roylance/Cr G Clifton)

CLAUSE 7 – DRAFT DELIVERY PROGRAM, OPERATIONAL PLAN AND

FINANCIALS

380 RESOLVED That Council: i). place on public exhibition for a period of 28 days Council‟s 2013-2017

draft Delivery Program V4, 2016-2017 Operational Plan incorporating Statement of Revenue Policy, Financial and Schedule of Fees and Charges for community feedback;

ii). convene a public meeting during the public exhibition period after the

Services, Works, Community meeting scheduled Monday, 6 June 2016; iii). following the public exhibition period receive a further report at the

June, 2016 Council meeting outlining any submissions received.

iv). receive a report on the water budget analysis for the past 4 years. v). undertake an audit process of recent accounts to ensure accuracy,

with such review also to assess Council‟s existing policies and replacement program relative to water meter testing.

(Cr G Falconer/Cr M Jelbart)


381 RESOLVED That Council receive a report on the status of Council‟s current water reticulation system, as well as a project replacement cost for the overall water supply system. (Cr P Miller/Cr G Falconer)

382 RESOLVED That Council note the changes made to the waste charges section of the Operational Plan. (Cr M Jelbart/Cr D Booth)

DIRECTOR ENGINEERING & TECHNICAL SERVICES REPORT

TO COUNCIL PART I

CLAUSE 1 – GUNNING GAP LOCALITY POSTAL ISSUE

383 RESOLVED That Council write to the affected property owners seeking feedback on the extent of the localised postal issues and seek comments on their preference for moving forward on this matter. (Cr C Roylance/Cr G Clifton)

CLAUSE 2 - 2013/5 – CONTRACT FOR THE PROVISION OF STREET

SWEEPING SERVICES

384 RESOLVED That Council extend existing Contract 2013/5 Provision of Street Sweeping Services currently held with Specialised Pavement Services (SPS) Pty Ltd for a further two (2) years commencing 1 July 2016. (Cr C Roylance/Cr G Clifton)

CLAUSE 3 - REQUEST FOR ADDITIONAL STREET LIGHTING AT JOHN

GIRDHAM PLACE

385 RESOLVED That Council i) adopt the revised Street Light Installation Program with two (2) new

lights to be installed in York Street in 2015/2016, new lights in Kent Street in 2016/2017 and a new street light in John Girdham Place in 2017/2018.

ii) advise the residents of John Girdham Place that Council has allocated funding to upgrade the street lighting in John Girdham Place in the 2017/2018 financial year. (Cr C Roylance/Cr M Jelbart)

DIRECTOR ENVIRONMENTAL SERVICES REPORT TO COUNCIL

– PART I


CLAUSE 1 – DEVELOPMENT APPLICATION 2016/28 – CONSTRUCTION OF

A DWELLING, SHED AND IN-GROUND POOL, 97 – 101 BATHURST

STREET, FORBES

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

386 RESOLVED That Council grant consent for development application 2016/28 for the construction of a dwelling, in-ground swimming pool, shed and associated earthworks subject to the following conditions: 1 Development being undertaken in accordance with the approved stamped plans and conditions of consent. Any variations are to be submitted to Forbes Shire Council for consideration and consent prior to implementation. REASON: Application has been considered in accordance with the application submitted (Section 79 (C)). 2 All building work must be carried out in accordance with the provisions of the Building Code of Australia (B.C.A.) REASON: To ensure structural adequacy of the building and to comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979 3 Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee‟s name and contractor licence number, and (ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or (b) in the case of work to be done by any other person: (i) has been informed in writing of the person‟s name and owner-builder permit number, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act.


A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

REASON: To ensure compliance with the requirements of the Home Building Act 1989 and to comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 4 (a) All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards. (b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property. REASON: To ensure safe working practice and to comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 5 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the applicant causing the excavation to be made shall: (i) preserve and protect the building from damage, (ii) where necessary, underpin and support the building in an approved manner, and (iii) at least seven (7) days before excavating below the level of the

base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the

adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. Note: The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. Allotment of land includes a public road and any other public place. REASON: To ensure the structural adequacy of the adjoining premises, safe working practice and to comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 6 If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence shall be erected between the work site and the public place. The hoarding shall, if necessary, be erected sufficient to prevent any substance from, or in connection with, the work falling into the public place.


The hoarding shall be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. The hoarding shall be removed when the work has been completed. REASON: To ensure a safe working practice and comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 7 A sign shall be erected in a prominent position on any site on which work involving the erection or demolition of a building is being carried out stating that: (i) unauthorised entry to the work site is prohibited, and (ii) the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. The sign shall be removed when the work has been completed. REASON: To ensure a safe working practice and comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 8 Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. REASON: To ensure that adequate toilet facilities are provided to the site during the course of demolition and construction and to comply with the prescribed conditions as set out under the Environmental Planning and Assessment Act, 1979. 9 A Construction Certificate being obtained by the applicant prior to the commencement of any building work. REASON: To ensure compliance with the Building Code of Australia (B.C.A.) and to comply with the requirements of the Environmental Planning and Assessment Act, 1979. 10 An Occupation Certificate being obtained by the applicant prior to the use or occupation of any building. REASON: To ensure that the building is substantially completed and does not constitute a danger to the occupants. 11 The premises shall be identified by adequate street numbering to the satisfaction of Council. REASON: Compliance with Council‟s Policy in relation to street numbering.


12 Management of the site to reduce any adverse impact of the development upon the neighbouring area. REASON: Site management has the potential to reduce any adverse affect on the existing or the likely amenity of the neighbourhood (Section 79 (C)). 13 The site shall be landscaped to the satisfaction of Council. The landscaped area shall be maintained to ensure that the scenic quality of the locality is maintained. REASON: Landscaping is necessary to ensure that the development does not adversely affect the landscape or scenic quality of the locality (Section 79 (C)). 14 Road alignment levels should be obtained from the Director of Engineering and Technical Services BEFORE DRIVEWAY IS CONSTRUCTED. Construction is to be in accordance with Council's Engineering Standards. REASON: To ensure that driveways are constructed to required levels and to ensure that the Council‟s footpath is not obstructed to the detriment of public safety and convenience. 15 Location of entry/exits as indicated on the attached plan. REASON: Entry/exits from the development are required to be located as indicated having regard to the safety of the existing road system (Section 79(C)). 16 A building line of 10 m is to be maintained. REASON: To comply with Council‟s Draft Local Approvals Policy in accordance with Section 158 of the Local Government Act, 1993. 18 The position of sewer, water, electricity, telephone and any other services are to be checked before building work commences and before the excavation of pier or strip footings. REASON: To avoid unnecessary damage to any service lines. 19 Provision be made for the access of telecommunication cables to the building. REASON: To enable the installation of Telecommunication cables to the building. 20 The new dwelling erected within Council‟s water service area is to have a water meter connected and application and payment will be required prior to the Construction Certificate being issued. REASON: To ensure compliance with Council‟s Water Meter Policy.


21 Prior to commencement of any construction works, the applicant should familiarise themselves with the requirements of the WorkCover Authority. It is the responsibility of the applicant to comply with the requirements of this Authority. The Construction Certificate is dependent upon compliance with the requirements of the Authority. REASON: To ensure the provisions of the Occupational Health and Safety Act, 1983, are considered. 22 Where Council is nominated as the Principal Certifying Authority certification by an appropriately qualified person acceptable to Council is to be submitted to Council stating that:

i) The termite barrier has been installed in accordance with the Building Code of Australia (B.C.A.) prior to Council‟s inspection of the wall and roof frame. ii) The wall and roof frame has been constructed in accordance with the Building Code of Australia (B.C.A.) prior to Council‟s inspection of the wall and roof frame. iii) The waterproofing membrane to the wet area has been installed in accordance with the Building Code of Australia (B.C.A.) prior to the issue of an Occupation Certificate. iv) The completed building complies with the requirements of the Building Code of Australia (B.C.A.) prior to the issue of an Occupation Certificate. REASON: To ensure compliance with the appropriate standards and codes. 23 Where Council is the Principal Certifying Authority, the applicant will enter into an agreement for the purposes of the issue of a Construction Certificate and Occupation Certificate. Note: No certificates will be issued unless the agreement has been completed. REASON: Where Council is requested to issue certificates, Council requires adequate information to permit determination of the request for the certificate. 24 Prior to any building work being carried out in respect of this Construction Certificate, Council must be informed in writing of: (a) the name and contractor license number of the licensee who has contracted to do or intends to do the work; or (b) the name and permit number of the owner-builder who intends to do the work. ADVICE TO THE APPLICANT


This information must be provided to the Council prior to commencement of any building work. The Council will not carry out any inspection of the work, including footings/floor slabs, until the information is received. Failure to provide this information and the continuation of any work without the necessary inspection being carried out will place you in breach of the Local Government Act, 1993, and Regulations made thereunder, and will render you liable to a penalty. REASON: To ensure compliance with Clause 29 of the Local Government (Approvals) Regulation, 1993. 25 Prior to release of the Construction Certificate, the Applicant shall submit to Council particulars detailing the proposed driveway access. Further, should the owner require the driveway to extend across Council‟s footway the following will be required:-

(i) An Application is submitted. (ii) Crossings are constructed to levels, widths and construction details as required by the Engineer. (iii) That provision is made for construction joints 600 mm spacings to be provided on each side of the water main and sewer main or that owners agree to pay any concrete reinstatement costs if the concrete slab has to be cut to repair the services.

REASON: To ensure compliance with Council‟s policy regarding concrete driveways – guidelines for installation. 27 Provide and maintain erosion and sediment control measures around perimeter of site. REASON: To ensure that the impact of the building work on the environment is minimised in accordance with Council‟s and Statutory requirements. 28 All plumbing and drainage works to be carried out by Licensed Tradesmen. REASON: To ensure that all plumbing and drainage work is carried out in accordance with the requirements of the Local Government (Water, Sewerage and Drainage) Regulations, 1993. 29 All new hot water installations shall deliver hot water at the outlet of all sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding 43.5 degrees Celsius for child hood centres, primary and secondary schools, nursing homes or similar facilities for aged, sick or disabled persons and 50 degrees Celsius in all other classes of buildings. REASON: To comply with the NSW Code of Practice, Plumbing and Drainage Addition No. 2 and Australia Standard 3500 Part 4 Hot Water Systems 1994.


30 The door to a fully enclosed sanitary compartment must:- (a) open outwards; or (b) slide; or (c) be readily removable from the outside of the compartment, unless there is a clear space of at least 1.2 m between the closet pan within the sanitary compartment and the nearest part of the doorway. REASON: To ensure compliance with the Building Code of Australia (B.C.A.) and to comply with the requirements of the Environmental Planning and Assessment Act, 1979. 15 The motor, filter, pump and all sound-producing equipment or fittings associated with or forming part of the pool filtering system being sound insulated and/or isolated so as not to create a noise nuisance.

REASON: So as not to cause a noise nuisance contrary to the Protection of the Environment Operations Act. 16 Outside lighting for the pool, if installed, shall be installed in such a manner that the light beams do not project directly onto premises other than the subject land. Further, such lighting shall be designed in such a manner that it does not cause any inconvenience to the residences on adjacent properties. REASON: To ensure that the lighting does not cause any nuisance or interference with the amenity of the area. 17 Child proof fences and self-locking gates are to be provided in accordance with the Swimming Pools Act 1992 and Regulations. The swimming pool is to be surrounded by a fence having a minimum height of 1.2 m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises, and that is designed, constructed and installed in accordance with AS 1926-1986. Gates to the pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed. Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority. A child resistant barrier being provided to the spa pool, in accordance with the provisions of the Swimming Pools Act 1992 and Regulations. REASON: To ensure compliance with the Swimming Pools Act 1992 and to ensure the adequacy of the pool and to maintain public safety and amenity.


18 A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Police Statement No. 9.4.1.: Guideline for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council. REASON: To ensure compliance with the Swimming Pools Act 1992 and to ensure the adequacy of the pool and to maintain public safety and amenity. 19 The design and installation of the pool must satisfy the following general requirements:- - Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Council. - All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises. - Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents. REASON: To ensure compliance with the Swimming Pools Act 1992 and to ensure the adequacy of the pool and to maintain public safety and amenity. 20 The applicant is advised that prior to the release of an Occupation Certificate, a swimming pool certificate of registration is to be submitted to Council identifying the registration of the pool on the NSW Swimming Pools Register. Registration with the NSW Government swimming pool register can be completed at http://www.swimmingpoolregister.nsw.gov.au/, or by visiting Council. REASON: So as to ensure compliance with the Swimming Pool Act 1992. 21 Development in accordance with the Floodplain Development Manual. REASON: The allotment is within a designated flood zone and development in accordance with the Flood Manual is required to reduce the adverse impacts of flooding (Section 79(C)). 22 The building shall allow for the free flow of flood water through the building in times of flooding. REASON: The allotment is within a designated flood zone and development in accordance with the Flood Manual is required to reduce the adverse impacts of flooding (Section 79(C)).

http://www.swimmingpoolregister.nsw.gov.au/


23 The site shall be managed so that: - Any plant or goods stored upon the site shall be stored in a manner which will not allow pollution of the floodwaters; - All actions shall be taken upon the site which will minimise the effect of the property upon the floodwaters. REASON: The allotment is within a designated flood zone and development in accordance with the Flood Manual is required to reduce the adverse impacts of flooding (Section 79(C)). 24 All electrical services shall be installed in the building above the designated flood level. REASON: Location of the utility services below the designated flood level has the ability to cause hazards during the time of flooding (Section 79(C)). 25 A report from a registered surveyor certifying to Council that the finished floor level is a minimum of 0.5 m above the measured 1952 flood level shall be provided to Council prior to the erection of any walls above the floor level of the building. No inspection of the framework will be carried out and an occupation certificate will not be issued prior to the submission of this report. REASON: Buildings on flood prone lands are required to be erected in a manner which will minimise the impact of flooding on the building. Building on the floodplain is regulated by Development Control Plan 2013. 26 A certificate from a practising structural engineer certifying that the building is capable of withstanding flood waters and impact loads from debris shall be submitted to Council with the Construction Certificate application. REASON: Buildings on floodprone land are required to be erected in a manner which will minimise the impact of flooding on the building. Building on the floodplain is regulated by Development Control Plan 2013. 27 Where Council is nominated as the Principal Certifying Authority the applicant is to submit the following information prior to the relevant inspection by Council: - Manufacturer‟s details of the wall framing - Manufacturer‟s details of roof framing - Details of wind bracing to the wall frame - Details of wind bracing to the roof frame - Manufacturer‟s details of roof truss design - Method of termite control


- Details of roof and surface water disposal - Location of smoke detection system - Details of water proofing to wet areas REASON: To ensure compliance with appropriate standards and codes. 28 Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the BCA – Housing Provisions. Smoke alarms must comply with AS 3786 – Smoke Alarms and be connected to the consumer mains electric power supply and provided with a battery backup. The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the reminder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority. Smoke alarms are not to be located in “dead-air spaces”, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex or raked ceilings, as detailed in Part 3.7.2 of the BCA – Housing Provisions. These alarms are required to be hard wired with battery backup and interconnected. Details of compliance with the provisions of the BCA must be included in the plans/specifications for the Construction Certificate. REASON: To ensure reasonable levels of fire safety are provided in the building. 29 The applicant is advised that the attached Fire Risk Identification Guide (yellow sticker) shall be accurately completed (in black permanent marker) and displayed within the dwelling‟s external power meter box, prior to the issuing of an Occupation Certificate for the dwelling or residential additions. Note: Please also find attached a fact sheet in relation to this initiative. It is the applicant‟s responsibility to ensure that the owner receives a copy of the resident‟s fact sheet). REASON: So as to identify the type of construction used in the development and assist in the minimising of risk to occupants and fire brigade personnel in times of fire emergency. 30 The applicant is advised that construction on site shall be limited to during the hours of 7am – 7pm Monday to Friday and 7am to 1pm on Saturdays. No construction shall be undertaken on Sundays or public holidays. . Construction proposed outside these times shall be consented to by Council upon request.


REASON: So as to ensure the amenity of the locality adjoining the site is maintained. 31 In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled. REASON: So as to ensure compliance with the EP & A Act, 1979 & Basix Provisions. 32 In accordance with the provisions of the Environmental Planning and Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development. The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority. The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued. REASON: So as to ensure compliance with the EP & A Act, 1979 & Basix Provisions. 33 The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority: ENERGY COMMITMENTS: - As listed and noted in the Basix Certificate No. 710679S WATER COMMITMENTS: - (As listed and noted in the Basix Certificate No. 710679S THERMAL COMFORT COMMITMENTS - (As listed and noted in the Basix Certificate No. 710679S REASON: So as to ensure compliance with the EP & A Act, 1979 & Basix Provisions. 34 In accordance with Clause 154B of the Environmental Planning and Assessment Regulation 2000, a Certifying Authority must not issue a final Occupation Certificate for this development, unless it its satisfied that each of the required BASIX commitments have been fulfilled.


Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing the final Occupation Certificate. REASON: So as to ensure compliance with the EP & A Act, 1979 & Basix Provisions. 35 Where Council is nominated as the Principal Certifying Authority the applicant is to submit the following information prior to the issue of the Construction Certificate: i. Soil report from suitably qualified Geotechnical firm indicating soil classification. ii. Proposed footing and slab design prepared by a practicing certified Structural Engineer designed in accordance with soil classification provided in Geotechnical report. (noting: flood liable land, construction on & certification of compacted fill). iii. Proposed unreinforced masonry brickwork design prepared by a practicing certified Structural Engineer designed in accordance with an N2 wind classification. The design is to include details of all engaged and isolated piers. iv. Details of required roof space ventilation, (i.e BCA required ventilation design where in ceiling exhaust systems vent into roof space and compliance with Basix requirements). v. Details of proposed glazing‟s compliance with the Part 3.6 of Volume 2 of the BCA regarding human impact with glazed assemblies. vi. Details of proposed tanks (inc, dimensions, colour, height above ground, setbacks from boundary and screening (if applicable)). vii. A full structural design for the proposed shed prepared by a practicing certified structural engineer (relative to the soil classification identified by the Geotechnical report, indicating flood liable land and construction on compacted fill). viii. Full structural details of the proposed inground swimming pool (noting construction on compacted fill). ix. Details of the required swimming pool barrier and compliance with AS 1926.1 – 2012. x. Full structural details of the proposed verandah prepared by a practicing certified Structural Engineer REASON: So as to ensure compliance with the Building Code of Australia and Council‟s local policies. 36 Where Council is appointed as the Principal Certifying Authority the applicant is advised that prior to the issue of a construction certificate the following outstanding development fees are required to be paid:


1) Construction Certificate = $ 917.50 2) Inspection = $ 1310.00 3) Long Service Levy = $ 1400.00 4) Environmental Bond = $ 434.00 TOTAL = $4061.50 Note: The above fees are for the 2015/2016 financial year. The actual fees charged will be the fees applicable in Council‟s Management Plan at the time of application for the Construction Certificate. REASON: So as to comply with Council‟s Management Plan being the Fees and Charges policy. 37 The applicant is advised that where the construction certificate is to be issued by a private certifier the applicant shall pay all relevant fees and charges relating to the construction, ie environmental bond, plumbing and drainage inspections etc to Council prior to the construction certificate being issued. REASON: So as to ensure the appropriate fees and charges have been settled. 38 The applicant is advised is to submit the following information prior to the issue of the Occupation Certificate: i. A flood evacuation / resumption management plan for both the residence. REASON: So as to ensure compliance with the Building Code of Australia and Council‟s local policies. 39 The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia (BCA) – Housing Provisions In this regard, the development consent plans do not show compliance with a number of the deemed-to-satisfy provisions of the BCA, including: a) Part 3.1 - Site preparation b) Part 3.2 - Footings and slabs c) Part 3.3 - Masonry construction d) Part 3.4 - Framing (walls and roofs) e) Part 3.5 - Roof and wall cladding f) Part 3.6 - Glazing g) Part 3.7 - Fire Safety h) Part 3.7.1 - Fire Separation i) Part 3.7.2 - Smoke alarms j) Part 3.8 - Health and amenity

k) Part 3.8.3 - Facilities l) Part 3.12 - Energy efficiency. Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.


You are advised to ensure that the development is not inconsistent with Council‟s consent and if necessary consult with Council‟s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly. REASON: So as to ensure compliance with the Building Code of Australia. 40 The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia (BCA) – Housing Provisions In this regard, the development consent plans do not show compliance with a number of the deemed-to-satisfy provisions of the BCA, including: a) Part 3.12 - Energy efficiency. cl 3.12.3.3 - External Doors and Windows (A weather strip (as detailed in the BCA, ) shall be installed on all edges on any door and window) cl 3.12.3.4 - Exhaust Fans (Should the kitchen exhaust fan dispose air into the roof space it shall be fitted with a self closing damper) cl 3.12.3.6 - Evaporative Coolers (Evaporative cooler ceiling registers shall be fitted with self closing dampers within all habitable rooms) cl 3.12.5.0 - Insulation of Services (Externally located hot and cold water service pipes shall be suitably insulated to resist the effects of extremes of ambient temperature in accordance with AS3500.4- 2003) cl 3.12.5.3 - Heating and Cooling Ductwork (The evaporative cooling ductwork shall be insulated and sealed against air loss in accordance with BCA,) Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate. You are advised to ensure that the development is not inconsistent with Council‟s consent and if necessary consult with Council‟s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.


REASON: So as to ensure compliance with the Building Code of Australia. 41 The applicant is advised to note the following requirements for the development: i). The site has been given a N2 classification in accordance with AS4055 – 2006 Wind Loads for Housing, the timber framing shall be designed in accordance with this classification; and ii) Smoke alarms shall be located on the ceiling outside the door to the bedroom 1, the second alarm shall be located on the ceiling in the hallway adjacent to bedroom 4. These alarms are required to be hard wired with battery backup and interconnected; and iii). Soil types with a H1 or greater reactivity classification must provide drains attached to or emerging from the proposed slab shall incorporate flexible joints immediately outside the footing and commencing within 1 metre of the building perimeter in accordance with AS 2870 – Residential Slabs and Footings; iv) A 500mm x 500mm stormwater drainage pit is to be installed adjacent to the south eastern corner of the dwelling. A 90mm stormwater outlet is also to be installed and disposed into the Lachlan River; and v) Details of all fencing being included in the construction certificate showing compliance with Chapter 4.10 of the Forbes Development Control Plan 2013. REASON: So as to ensure compliance with the Building Code of Australia, Australian Standards and Council‟s local policies. 42 The shed is not to be used for any commercial, industrial or residential habitable purposes without the written consent of Council. REASON: So as to maintain the amenity of the residential area. 43 Public safety and convenience must be maintained at all times during demolition and construction works. The roadway, footway and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times. Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council. REASON: Because of the requirement to comply with appropriate standards for environmental control. Section 79C(1)(b) & (e) of the Environmental Planning and Assessment Act 1979, as amended. 44 All roofed and paved areas are to be drained and the water from those areas and from any other drainage conveyed to the gutter in York Street, in accordance with AS/NZS 3500.


Storm water disposal drains shall be connected to all roof gutter down pipes within fourteen (14) days of installation of the down pipes and/or the construction of hard standing areas, as may be appropriate, to discharge roof water to the approved method of disposal. Where kerb and gutter is constructed, an approved PVC or galvanised steel kerb adaptor shall be installed in the kerb. NOTE: „Pump-out‟ stormwater drainage systems are not acceptable. REASON: Because the character of the development is such that storm water runoff will be increased and must be safely conveyed to the storm water drainage system. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 45 A 3.0 metre wide concrete vehicular crossing shall be constructed between the property boundary and the sealed pavement on Lower Bathurst Street and shall be constructed in accordance with Forbes Shire Council‟s Guidelines for Engineering Works. The crossing shall be constructed of concrete, asphalt, spray sealed pavement or interlocking pavers. All works shall be at full cost to the applicant. REASON: Because this work is necessary to enable adequate means of vehicular access to the proposed development. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended. 46 All works requiring full or partial road or footpath closure shall be: 1. Subject to an application for the occupation of public roadway or footway (Section 138, Local Govt. Act 1993). Application shall be made to Council‟s Engineering Department at least one week prior to works being undertaken. 2. Covered by $20M public liability insurance, with the policy noting Council as an interested party. 3. Covered by a Council approved Pedestrian Movement Plan and/or Traffic Control Plan which has been prepared by an authorised person. Traffic shall be controlled by an authorised Traffic Controller, in accordance with the traffic control plan. 4. At no cost to Council. REASON: To ensure public safety & Council indemnity. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 47 The applicant shall connect the development to the existing sewer main at an existing junction at the rear of the property. Where no existing junction is available, the applicant shall arrange with Council the installation of a junction, to the live sewer. The work will be undertaken by Council at cost to the applicant. 48 All works shall be at full cost to the applicant.


REASON: Because these utilities are necessary to serve the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 49 The Applicant shall connect the development to Councils water reticulation with a water meter. The water services shall be of adequate size and of a design to serve the proposed development in accordance with the requirements of AS/NZS 3500 and NSW Code of Practice, Plumbing and Drainage. Any necessary upgrading of the existing service shall be at full cost to the applicant. Application forms for water connections or upgrades can be obtained from Council‟s Engineering Department. The cost of the water connection or service upgrade shall be met by the applicant, as per Council‟s Management Plan. REASON: Because these utilities are necessary to serve the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 50 All roofed and paved areas are to be drained and the water from those areas and from any other drainage conveyed to the Lachlan River, in accordance with AS/NZS 3500. Storm water disposal drains shall be connected to all roof gutter down pipes within fourteen (14) days of installation of the down pipes and/or the construction of hard standing areas, as may be appropriate, to discharge roof water to the approved method of disposal. Where kerb and gutter is constructed, an approved PVC or galvanised steel kerb adaptor shall be installed in the kerb. NOTE: „Pump-out‟ stormwater drainage systems are not acceptable. REASON: Because the character of the development is such that storm water runoff will be increased and must be safely conveyed to the storm water drainage system. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. 51 A Construction Site Management Plan shall be developed, lodged with Council and implemented prior to the commencement of demolition, excavation or building works. The plan must include the following measures, as applicable to the type of development: 1. Location and construction of protective fencing / hoardings to the perimeter of the site. 2. Location of site storage areas / sheds / equipment. 3. Location of building materials for construction. 4. Provisions for public safety (refer also condition 64. 5. Dust control measures (refer also condition 65). 6. Site access location and construction. 7. Details of methods of disposal of demolition materials. 8. Protective measures for tree preservation. 9. Provisions for temporary sanitary facilities. 10. Location and size of waste containers / bulk bins. 11. Details of proposed sediment and erosion control measures (refer also condition 65).


12. Construction noise and vibration management (refer also condition 66). 13. Construction traffic management details. The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request. REASON: Because of the requirement to comply with appropriate standards for environmental control. Section 79C(1)(a), (b) & (e) of the Environmental Planning and Assessment Act 1979, as amended. 52 Details of the proposed sediment control measures are to be detailed in the site management plan which shall be submitted to and approved by the principal certifying authority prior to the commencement of any site works. The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. A copy of the approved details must be forwarded to the Council and a copy shall be maintained on- site and be made available to Council officers upon request. Procedures shall be adopted for the prevention of loose or contaminated material, spoil, dust and litter from being deposited anywhere onto the public road reserve from trucks and associated equipment, and the proposed method of cleaning the roadway from such deposits. (Note: With regard to demolition of buildings, dust emission must be minimised for the full height of the building. A minimum requirement is that perimeter scaffolding, combined with chain wire and shade cloth must be used, together with continuous water spray during the demolition process. Compressed air must not be used to blow dust from the building site). Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation. REASON: Because of the requirement to comply with appropriate standards for environmental control. Section 79C(1)(a), (b) & (e) of the Environmental Planning and Assessment Act 1979, as amended. 53 A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works. The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.


REASON: Because it is in the public interest that public assets are not damaged. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended. 54. Prior to the commencement of filling of any land to the south of the existing levy the applicant will submit to council details indicating: a. Correspondence from Department of Primary Industries Office of Water either confirming that the filling is considered exempt development in accordance with the Water Management Act 2000 or a Controlled Activity Approval; b. Details of the area of proposed lot 10 located in a Low Hazard Flood Storage Precinct and details of the area proposed to be filled noting compliance with the prescriptive requirements of Chapter 4 of the Forbes Development Control Plan 2013 REASON: To ensure compliance with the Water Management Act and the Forbes DCP. (Cr C Roylance/Cr G Clifton)

Councillors for: Unanimous Councillors Against: 0

Cr P Miller, Cr G Miller, Cr B Mattiske, D Booth, Cr G Falconer, Cr M Jelbart, Cr G Falconer, Cr G Clifton.

CLAUSE 2 – DEVELOPMENT APPLICATION 2016/20 – FOR THE

CONSTRUCTION OF A RESIDENTIAL DWELLING & GARAGE AT NO 14

CLEMENT STREET, FORBES:

387 RESOLVED That Council: i). defer the assessment of DA2016/20 to enable Council to receive further

information on this development proposal; ii). indicate to the proponents that it is not prepared to delete the 8m 88B

covenant from the lot; iii). undertake its own independent overshadowing modelling; iv). undertake different scenarios on roof heights and ceiling heights; and v). undertake a site inspection prior to the June

Services/Works/Community meeting. (Cr G Miller/Cr B Mattiske)

Councillors for: Unanimous Councillors Against: 0

Cr P Miller, Cr G Miller, Cr B Mattiske, D Booth, Cr G Falconer, Cr M Jelbart, Cr G Falconer, Cr G Clifton.


DIRECTOR TOURISM, COMMUNITY AND CULTURAL

DEVELOPMENT REPORT TO COUNCIL – PART I

CLAUSE 1 – ARTS OUTWEST BOARD NOMINATION

A recommendation was moved by Cr Booth, seconded by Cr Mattiske that Council nominate Cr Falconer as Council’s representative on the Arts OutWest Board. After further discussion by Councillors, this recommendation was withdrawn.

388 RESOLVED That Council: i). contact Keith Mullette or a representative of the Forbes Arts Society

seeking interest in them representing Forbes Shire Council as the community‟s delegate on the Arts OutWest Board;

ii). and that Council authorise the Mayor and Cr Falconer to progress this

matter on behalf of Council. (Cr G Falconer/Cr B Mattiske)

CLAUSE 2 – COUNCIL PROPERTIES INCOME STATEMENTS TO 31 MARCH

2016

389 RESOLVED That Council: i). adopt the report and note the overall position of Council properties is

cash-flow positive; ii). receive the actual income and expenditure statements for Council

properties at the June, 2016 Council meeting. (Cr C Roylance/Cr J Nicholson)

ACCESS COMMITTEE REPORT TO COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MEETING

Clause 1.1 Accessible Car Parking Spaces, Forbes Hospital

390 RESOLVED That Council: 1. Explore three locations to the eastern end of Elgin Street for the installation of an accessible parking space. These locations being: a) the northern side of Elgin Street; b) the southern side of Elgin Street (including works to level the site); and c) within the road reserve adjacent to Nurse Stokes Park (Hill Street); and


2. Explore two locations to the western end of Elgin Street for the installation of an additional accessible parking space. These locations being: a) The conversion of the eastern most middle bay space to incorporate an accessible car-parking space and have the existing hatched area as a shared space; and b) An additional space being installed adjacent to the Kerb and Guttering to the northern side of Elgin Street between the pedestrian and vehicular laybacks. 3. investigate a layback to enable disabled access directly from the

Hospital to the Apex Medical Centre. (Cr G Miller/Cr D Booth)

CLAUSE 2 – BUSINESS PENDING

391 RESOLVED That Council follow up on the correspondence sent to the Forbes Services Memorial Club regarding the installation of an additional accessible car parking space within the existing car park located on Forbes Services Memorial Club land. (Cr C Roylance/Cr G Clifton)

CLAUSE 5 – BUSINESS WITHOUT NOTICE

Clause 5.1 Pram Ramps to the Corner of Rankin & Grenfell Streets

392 RESOLVED That Council investigate the steepness of the pram ramps located at the corner of Rankin and Grenfell Streets. (Cr C Roylance/Cr G Clifton)

Clause 5.2 Pelican Hoist Installation at Forbes Town Pool

393 RESOLVED That Council receive and note the information relating to the planned installation of the Pelican Hoist to the Forbes Town Pool. (Cr C Roylance/Cr G Clifton)

BUSINESS AND INDUSTRY COMMITTEE REPORT TO COUNCIL

– PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MEETINGS

Clause 1.1 Economic Development Policies

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


Clause 1.2 TAFE

395 RESOLVED Council write a letter to Kate Baxter, Institute Director TAFE Western, seeking reassurance that if there is the demand for courses that TAFE will continue to deliver them in Forbes. (Cr C Roylance/Cr G Clifton)

Clause 1.3 Regional Transport Infrastructure


CLAUSE 2 – NEW BUSINESS

Clause 2.1 Strategic Planning with Forbes Business Chamber

397 RESOLVED Council set up a blog site immediately, as an online forum to stimulate ideas and capture comments on the future development of the Forbes CBD. The blog site will be monitored by TCCD staff and only constructive comments will be published. (Cr D Booth/Cr G Falconer)

RIVERSIDE COMMUNITY GARDEN COMMITTEE REPORT TO

COUNCIL – PART I

Cr Falconer requested to discuss a matter relating to land in Part II.

398 RESOLVED That Council refer this matter to Part II for the following reason: (2). The matters and information are the following: (c). information that would, if disclosed, confer a commercial Advantage on a person with whom the Council is conducting (or proposes to conduct) business; (Cr G Falconer/Cr J Nicholson)

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MEETING

Clause 1.1 Membership Drive

399 RESOLVED That Council note the Community Garden holding a home vegetable garden competition in Forbes starting in September, with prize money to be sought from local businesses, and that Mick Andrews has been thanked for his service to the Community Garden. (Cr C Roylance/Cr G Clifton)


Clause 1.2 Safety Practices for Irregular Attendance at the Community Garden

400 RESOLVED That Council note the Community Garden Committee advising Community Garden members of the after hours safety policy adopted by the Community Garden, and that this will be advertised on the entrance sign to the Community Garden site. (Cr C Roylance/Cr G Clifton)

Clause 1.3 Surveillance Update

401 RESOLVED That Council note there has been no recorded evidence of criminal activity at the Community Garden site within the last month. (Cr C Roylance/Cr G Clifton)

Clause 1.4 Potted Colours for Sale

402 RESOLVED That Council note the success of the growth of potted colours at the community garden, and the intention of the Community Garden committee to sell these to the public in the coming months. (Cr C Roylance/Cr G Clifton)

CLAUSE 2 – GENERAL BUSINESS

Clause 2.1 Finance Update

403 RESOLVED That Council note the acceptance of the finance update by the Community Garden. (Cr C Roylance/Cr G Clifton)

CLAUSE 3 – BUSINESS WITHOUT NOTICE

Clause 3.1 Presentation and Marketing of Potted Colours

404 RESOLVED That Council note the Community Garden setting up a permanent shop front next to Community Garden HQ as a way to display their wares. (Cr C Roylance/Cr G Clifton)

Clause 3.2 Fitting out Community Garden Shop Front

405 RESOLVED That Council note the fitting out of the Community Garden shop front at Community Garden HQ. (Cr C Roylance/Cr G Clifton)

Clause 3.3 Community Garden Access


406 RESOLVED That Council note the investigation into options for increasing access to the Community Garden site for volunteers. (Cr C Roylance/Cr G Clifton)

Clause 3.4 Gate Keys Accessed by Ben Coles

407 RESOLVED That Council note that Ben Coles be contacted about where the Community Garden HQ keys that he borrowed have gone. (Cr C Roylance/Cr G Clifton)

SERVICES, WORKS AND COMMUNITY COMMITTEE REPORT

TO COUNCIL – PART I

SERVICES REPORT

CLAUSE 1 – DEVELOPMENT AND BUILDING

408 RESOLVED That Council adopt the report and note the $771.938 of Development Applications lodged for the April 2016 reporting period. (Cr C Roylance/Cr G Clifton)

CLAUSE 2 – REGULATORY CONTROL

Clause 2.1 Ranger‟s Report:

409 RESOLVED: That Council adopt the report and note the Ranger‟s activities for April 2016. (Cr C Roylance/Cr G Clifton)

WORKS REPORT

CLAUSE 1 - TECHNICAL SERVICES REPORT

410 RESOLVED That Council adopt the report and note the significant maintenance work to be undertaken on the Lawler Street drainage system. (Cr C Roylance/Cr M Jelbart)

CLAUSE 2 - ENGINEERING SERVICES REPORT

411 RESOLVED That Council adopt the report and note that the gravel resheet programme is ongoing and further that the rural reseal programme is complete. (Cr D Booth/Cr G Miller)


CLAUSE 3 – NOXIOUS WEEDS REPORT

412 RESOLVED That Council receive and note the Biosecurity ACT 2016 will commence on 16 June 2016 which repels the noxious weeds ACT 1993. (Cr C Roylance/Cr G Clifton)

COMMUNITY REPORT

CLAUSE 1 – COMMUNITY

413 RESOLVED That Council adopt the report on community activities in March 2016. (Cr C Roylance/Cr G Clifton)

CLAUSE 2– VISITOR ACCOMMODATION FACILITIES

414 RESOLVED That Council acknowledge the progress report on occupancy of Council‟s visitor accommodation facilities. (Cr C Roylance/Cr G Clifton)

CLAUSE 3 –COMMUNICATIONS

415 RESOLVED That Council acknowledge the progress report on Council‟s external communications and media reportage. (Cr C Roylance/Cr G Clifton)

CLAUSE 4 – GRANTS AND COMMUNITY DEVELOPMENT

416 RESOLVED That Council adopt the report and note the Grant Activities for the period. (Cr C Roylance/Cr G Clifton)

GENERAL MANAGER

CLAUSE 1 – ANY OTHER BUSINESS: As declared urgent by the Chairman

Clause 1.1 Lodge Lachlan Building

417 RESOLVED That Council: i). not obtain a Building Certificate as Council is not in the position to

purchase the Lodge Lachlan building; and


ii). authorise the Mayor and Acting General Manager to meet with

representatives from Lodge Lachlan to advise on Council‟s decision. (Cr P Miller/Cr G Falconer)

Motion to move into Part II Closed Council at 5:20 pm (Cr D Booth/Cr J Nicholson)

TOURISM AND PROMOTION COMMITTEE REPORT TO

COUNCIL – PART I

CLAUSE 1 – BUSINESS ARISING FROM PREVIOUS MINUTES

418 RESOLVED That Council adopt the report. (Cr C Roylance/Cr G Clifton)

CLAUSE 2 – NEW BUSINESS

419 RESOLVED That Council: i). adopt the report; ii). authorise the Mayor and Acting General Manager seek a meeting with

the appropriate people in the NSW Government to work towards a new shelter being installed at the Forbes Railway Station;

iii). schedule a site meeting at the Forbes Railway Station prior to the June

Council meeting. (Cr D Booth/Cr G Clifton)

Council adjourned for afternoon tea at 10:25am

INWARD CORRESPONDENCE – OPEN COUNCIL – PART I

CLAUSE 1 – DONATION REQUESTS

Clause 1.1 Funding Request: House With No Steps

420 RESOLVED That Council donate $1,196 to House With No Steps for hire of the Youth and Community Centre, with the funds to be sourced from the 2016/17 donations budget. (Cr B Mattiske/Cr J Nicholson)

Clause 1.2 Funding Request: Forbes Squash Club


421 RESOLVED That Council donate $6,000 to Forbes Squash Club for sponsorship of the NSW Junior Age Squash Championship 2016, with funds to be sources from the 2016/17 donations budget. (Cr B Mattiske/Cr G Miller)

CLAUSE 2 – LETTERS OF APPRECIATION


Cr. B Mattiske left the meeting at 11:32 am and returned at 11:34 am.

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

423 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 C Roylance/Cr G Clifton).



COUNCIL MEETING

Supplementary Part I

MAYOR’S REPORT TO COUNCIL – PART I

CLAUSE 1 – RECRUITMENT OF GENERAL MANAGER

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

BUSINESS WITHOUT NOTICE

1). Lachlan Landcare Group Vehicle:

425 RESOLVED That receive a report regarding options for a vehicle to be used by the Lachlan Landcare Group. (Cr G Miller/Cr M Jelbart)

2). East Timor Donation

426 RESOLVED That Council indicate its support for the East Timor initiative and authorise the Mayor and Cr Booth to assess and finalise this request on behalf of Council. (Cr D Booth/Cr C Roylance)



COUNCIL MEETING

Part II

PRESENT

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

APOLOGIES

Nil.

CLOSED COUNCIL

427. RESOLVED that Council move into closed Council. (Cr G Falconer/Cr G Clifton)

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:


ACTING GENERAL MANAGER’S REPORT TO COUNCIL – PART

II

CLAUSE 1 – WATER MAIN EXTENSION – RIVER ROAD, FORBES

428 RESOLVED That Council: i). waive the headworks charge balance outstanding as at the date of this

Council meeting for Mrs Bliss, with such being funded from the Forbes Water Fund;

ii). review its existing policy on assistance for all future headworks

contributions on the basis of moving towards a more enforceable agreement for recovery, with such being inclusive of possible bank guarantees and/or 88B instruments. (Cr C Roylance/Cr J Nicholson)

CLAUSE 2 – ENTERING INTO CONTRACTS FOR THE SUPPLY AND

DELIVERY OF BULK FUEL

429 RESOLVED That Council accept and sign contracts with the following providers for the Supply and Delivery of Bulk Fuel: - Ocwen Energy t/a Lowes Petroleum; - Oilsplus Holdings Australia; - Park Pty Ltd; - United Petroleum. (Cr B Mattiske/Cr G Falconer)

COMMUNITY REPORT TO COUNCIL – PART II

CLAUSE 1 – INDUSTRIAL ESTATES COUNCIL LAND SALES

430 RESOLVED That Council adopt the report on industrial land and note that Council has 40 blocks available for sale. (Cr J Nicholson/Cr C Roylance)

BUSINESS WITHOUT NOTICE

1). Recruitment – General Manager‟s Position

431 RESOLVED That Council authorise the Mayor and Deputy Mayor to meet with Council‟s consultant (McArthurs) and assess all applications received for this position and to determine an appropriate course of action relative to this recruitment process. (Cr D Booth/Cr J Nicholson)


Motion to move back into Part I Open Council at 5:29 pm (Cr P Miller/Cr J Nicholson)

Motion to move recommendations as written (Cr D Booth/Cr J Nicholson)

RIVERSIDE COMMUNITY GARDEN COMMITTEE REPORT TO

COUNCIL – PART II

Cr Falconer requested to discuss a matter relating to land in Part II.

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

………………………………… Cr Phyllis Miller OAM

MAYOR

SUMMARY OF MINUTES – 21 JULY COUNCIL MEETING OF MINUTES ... 1. Andrew McDonald re: DA2016/20 ......

Documents

Transcript of SUMMARY OF MINUTES – 21 JULY COUNCIL MEETING OF MINUTES ... 1. Andrew McDonald re: DA2016/20 ......