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MAITLAND CITY COUNCIL ORDINARY MINUTES 26 FEBRUARY 2002
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MAITLAND CITY COUNCIL documents... · council meeting minutes 26 february, 2002 11.3.14 art gallery feasibility study ..... 42 11.3.15 exemptions from waste disposal charges at

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Page 1: MAITLAND CITY COUNCIL documents... · council meeting minutes 26 february, 2002 11.3.14 art gallery feasibility study ..... 42 11.3.15 exemptions from waste disposal charges at

MAITLAND CITY COUNCIL

ORDINARY MINUTES

26 FEBRUARY 2002

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 1

2 APOLOGIES ............................................................................................... 1

3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 1

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 1

5 BUSINESS ARISING FROM MINUTES...................................................... 2

6 MAYORAL MINUTES ................................................................................. 2

7 PUBLIC ACCESS ....................................................................................... 2

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 4

8.1 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION ANNUAL CONFERENCE.................................... 4

9 ITEMS FOR INFORMATION....................................................................... 5

9.1 MAITLAND CITY LIBRARY.......................................................... 5

9.2 STATUS REPORT ON CONSTRUCTION WORKS..................... 6

9.3 MAITLAND ART GALLERY.......................................................... 7

9.4 MONTHLY FINANCIAL REPORT - JANUARY 2002.................... 8

9.5 BUSHFIRE EMERGENCY - SYDNEY ......................................... 9

9.6 COUNCIL'S HOMEPAGE STATISTICS ..................................... 10

10 MAITLAND YOUTH COUNCIL ................................................................. 11

11 OFFICERS REPORTS .............................................................................. 12

11.1 GENERAL MANAGER............................................................... 12

11.1.1 POLICY AMENDMENT EMERGENCY SERVICES WORK ....... 12

11.1.2 REQUEST FOR FINANCIAL ASSISTANCE .............................. 14

11.1.3 TRADE MISSION TO NEW ZEALAND ...................................... 15

11.1.4 QUARTERLY PERFORMANCE REVIEW.................................. 16

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.1.5 CITY FLAG................................................................................. 17

11.1.6 CODE OF MEETING PRACTICE............................................... 18

11.2 FINANCE AND ADMINISTRATION........................................... 19

11.2.1 QUARTERLY BUDGET REVIEW - DECEMBER 2001 .............. 19

11.2.2 STATEMENT OF INVESTMENTS HELD AS AT 31 JANUARY 2002 ........................................................................................... 20

11.2.3 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION ANNUAL CONFERENCE.................................. 21

11.3 SERVICE PLANNING AND REGULATION............................... 22

11.3.1 CONVERSION OF BROILER SHEDS TO TUNNEL VENTILATION............................................................................ 22

11.3.2 DEVELOPMENT ENFORCEMENT............................................ 24

11.3.3 FORMER MORPETH COURTHOUSE CONSERVATION MANAGEMENT PLAN ............................................................... 26

11.3.4 DA980550 MODIFIED DEVELOPMENT APPLICATION - MINOR ALTERATIONS TO APPROVED TAVERN LOT 1 DP 956729 AND LOT 2 DP 704473 THORNTON ROAD THORNTON RECOMMENDATION: APPROVAL ...................... 27

11.3.5 REVIEW OF COMPLIANCE WITH REQUIREMENTS OF ORDER SERVED AT THE RED LION INN, BANKS STREET, EAST MAITLAND ....................................................................... 29

11.3.6 CORPORATE TRUSTEESHIP OF MAITLAND CEMETERIES AND COMMERCIAL INTERESTS.............................................. 31

11.3.7 DEPARTMENT OF SPORT AND RECREATION - INFORMATION FORUM ............................................................ 32

11.3.8 DRAFT PLAN OF MANAGEMENT - TELARAH LAGOON......... 33

11.3.9 LOCHINVAR TENNIS COURTS ................................................ 34

11.3.10 MORPETH BOAT RAMP WADAMP GRANT FUNDING............ 36

11.3.11 SHAMROCK HILL SPORTING COMPLEX ................................ 38

11.3.12 TREE LIGHTING - KING EDWARD PARK EAST MAITLAND ... 39

11.3.13 RZ01004 - DRAFT AMENDMENT TO MAITLAND LEP, 1993 ALTERATION OF ACQUISITION CLAUSE & VARIOUS REZONINGS .............................................................................. 40

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.14 ART GALLERY FEASIBILITY STUDY ....................................... 42

11.3.15 EXEMPTIONS FROM WASTE DISPOSAL CHARGES AT WASTE DEPOT FOR 2001/2002 ............................................... 43

11.3.16 FINANCIAL ASSISTANCE - SECTION 356 ............................... 44

11.3.17 LIBRARY STRATEGIC PLAN .................................................... 45

11.3.18 SECTION 356 DONATIONS POLICY ........................................ 47

11.3.19 DRAFT REPORT: INDEPENDANT INQUIRY INTO THE HUNTER RIVER SYSTEM......................................................... 48

11.3.20 ST. FAGANS PARADE, RUTHERFORD - REMOVAL OF ROAD CLOSURE POINT........................................................... 49

11.3.21 WOLLOMBI ROAD/NEW ENGLAND HIGHWAY INTERSECTION - PETITION ..................................................... 50

11.3.22 REQUEST FOR CLOSURE OF WESTERN LANE BETWEEN MELBEE STREET & NEW ENGLAND HIGHWAY, RUTHERFORD .......................................................................... 51

11.3.23 PERMANENT ROAD CLOSURE - PART OF CUMBERLAND STREET, GOSFORTH ............................................................... 52

11.3.24 REOPENING OLD METFORD ROAD........................................ 54

11.4 CITY WORKS AND SERVICES................................................. 56

11.4.6 RURAL FIRE SERVICE MINI BUS REPLACEMENT................. 56

12 REFERRED COMMITTEE REPORTS CITY ENVIRONMENT COMMITTEE 12 FEBRUARY 2002 .......................................................... 57

12.1 PROPOSED AMENDMENT TO MAITLAND LEP 1993 ............. 57

12.2 MAITLAND GREENING PLAN (PART 2B)................................. 60

13 NOTICE OF MOTION/RESCISSION......................................................... 63

13.1 ADMINISTRATION BUILDING NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE.................. 63

13.2 PEDESTRIAN ACCESS AT BRIDGE AT THORNTON STATION NOTICE OF MOTION SUBMITTED BY COUNCILLOR JENNIFER ROLLS............................................. 64

13.3 ADMINISTRATION BUILDING NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE.................. 65

14 URGENT BUSINESS ................................................................................ 66

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002 15 QUESTIONS WITHOUT NOTICE ............................................................. 66

16 COMMITTEE OF THE WHOLE................................................................. 67

16.1 CIVIC PRECINCT SITE MARKETING ....................................... 67

16.2 COUNCIL LAND - BANKS STREET, EAST MAITLAND ............ 68

16.3 ROAD SAFETY BLACK SPOT PROGRAM - PROPERTY ACQUISITION ............................................................................ 69

16.4 CONSIDERATION OF TENDERS - CHELMSFORD DRIVE RECONSTRUCTION AND ROUNDABOUT CONSTRUCTION. 70

16.5 PLANT REPLACEMENT ............................................................ 71

16.6 SES PLANT REPLACEMENT.................................................... 72

16.7 GENERAL MANAGER'S CONTRACT ....................................... 73

17 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 74

17.1 CIVIC PRECINCT SITE MARKETING ....................................... 74

17.2 COUNCIL LAND - BANKS STREET, EAST MAITLAND ............ 75

17.3 ROAD SAFETY BLACK SPOT PROGRAM - PROPERTY ACQUISITION ............................................................................ 76

17.4 CONSIDERATION OF TENDERS - CHELMSFORD DRIVE RECONSTRUCTION AND ROUNDABOUT CONSTRUCTION. 77

17.5 PLANT REPLACEMENT ............................................................ 78

17.6 SES PLANT REPLACEMENT.................................................... 80

17.7 GENERAL MANAGER'S CONTRACT ....................................... 81

18 CLOSURE................................................................................................. 82

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

PRESENT Clr Peter Blackmore Clr Bob Geoghegan Clr Peter Garnham Clr Ray Fairweather Clr Graham Dark Clr Peter Way Clr Brian Burke Clr Jennifer Rolls Clr Steve Procter Clr Arch Humphery Clr Ted Leverence Clr Vicki Galea Clr Tony Keating

1 INVOCATION

Pastor Bob Cotton read the customary prayer at the commencement of the meeting.

2 APOLOGIES

Nil

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Peter Way declared a non-pecuniary interest in Item 11.3.22. Clr Peter Way declared a non-pecuniary interest in Item 11.3.9.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting of Council held 22 January 2002 be confirmed.

Moved Clr Way, seconded Clr Burke

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTES

Nil

7 PUBLIC ACCESS

Colin Parker spoke against Item 11.3.1 – Conversion of Broiler Sheds to Tunnel Ventilation.

PROCEEDINGS IN BRIEF A motion was moved that an extension of one (1) minutes be granted to Colin Parker. (Clrs Leverence/Procter) When put to the meeting the motion was declared lost. Ray Reddel spoke for Item 11.3.1 – Conversion of Broiler Sheds to Tunnel Ventilation. Ashley Everington spoke for Item 11.3.1 – Conversion of Broiler Sheds to Tunnel Ventilation. Kent Simpson spoke against Item 11.3.5 – Review of Compliance with Requirements or Order Served at the Red Lion Inn, Banks Street, East Maitland. Tanya Simpson spoke against Item 11.3.5 – Review of Compliance with Requirements or Order Served at the Red Lion Inn, Banks Street, East Maitland. Aina Ranke spoke against Item 11.3.17 – Library Strategic Plan. John Brown spoke for Item 11.3.17 – Library Strategic Plan. Jan Davis spoke for Item 11.3.17 – Library Strategic Plan. Marilyn Heeren spoke against Item 11.3.23 - Permanent Road Closure – Part of Cumberland Street, Gosforth. Neil Archibald spoke against Item 11.3.23 - Permanent Road Closure – Part of Cumberland Street, Gosforth.

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

Christopher Peacock spoke for Item 11.3.23 - Permanent Road Closure – Part of Cumberland Street, Gosforth. Gloria Peacock spoke for Item 11.3.23 - Permanent Road Closure – Part of Cumberland Street, Gosforth. Jan Davis spoke against Item 12.2 - Maitland Greening Pl an.

SUSPENSION OF STANDING ORDERS COUNCIL RESOLUTION THAT Standing Orders be suspended to allow remaining two speakers to speak in public access. Moved Clr Galea, seconded Clr Way

CARRIED Aina Ranke spoke for (with some exceptions) Item 12.2 – Maitland Greening Plan. Bronwyn Hembry spoke for (with one exception) Item 12.2 – Maitland Greening Plan.

RESUMPTION OF STANDING ORDERS That Council resume Standing Orders to deal with the remainder of the agenda. Moved Clr Way, seconded Clr Fairweather

CARRIED

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8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION ANNUAL CONFERENCE

Refer to Item 11.2.3 Moved Clr Burke, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9 ITEMS FOR INFORMATION

9.1 MAITLAND CITY LIBRARY

File No: 35/61

Responsible Officer: Judy Jaeger Manager Community & Cultural Services

Author: Jean McBride City Librarian

EXECUTIVE SUMMARY This report contains relevant statistical and performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9.2 STATUS REPORT ON CONSTRUCTION WORKS

File No: 122/814

Attachments: (1) Attachment 1

Responsible Officer: Wayne Cone Group Manager – City Works & Services

Author: Ian Wakem Civil & Building Works Manager

EXECUTIVE SUMMARY A report on the status of major construction works and projects within the 2001/2002 Capital Works Program is submitted for Council’s information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the report be received and noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9.3 MAITLAND ART GALLERY

File No: 35/61

Responsible Officer: Judy Jaeger Manager Cultural & Community Services

Author: Margaret Sivyer Director Art Gallery

EXECUTIVE SUMMARY This report contains relevant statistical and performance data for Council. Besides being a valuable management, it is a performance reporting mechanism to the general community.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9.4 MONTHLY FINANCIAL REPORT - JANUARY 2002

File No: 35/53

Attachments: (2) Statement of Financial Performance Statement of Financial Position

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9.5 BUSHFIRE EMERGENCY - SYDNEY

File No: 130/76

Responsible Officer: David Evans General Manager

EXECUTIVE SUMMARY During the recent Bushfire emergency in the suburbs of Sydney numerous members of Maitland Rural Fire Service assisted with the emergency. In particular, they played an important role in fighting the fires that threatened the City of Penrith. Council has received a letter from the Mayor of Penrith, Clr Pat Sheehy, thanking the city for our support.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

9.6 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Jon Dundas Manager Revenue & Information Management

EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

10 MAITLAND YOUTH COUNCIL

Nil

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11 OFFICERS REPORTS

11.1 GENERAL MANAGER

11.1.1 POLICY AMENDMENT EMERGENCY SERVICES WORK

File No: 130/26

Responsible Officer: Tony Houlcroft Executive Manager Human Resources

Author: Mike Quinn Human Resource Officer - OH&S

EXECUTIVE SUMMARY The recent bush fire emergency has highlighted the need to review Council’s current policy in respect of employees who may be required to carry out emergency services work as part of their voluntary association with emergency services organisations.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The existing Policy - "Emergency Service - Council Employees" be rescinded;

2. Council adopt the revised draft policy - "Emergency Service - Council Employees" - as follows:

"Emergency Service - Council Employees File Reference: 130/26 Objective: To establish guidelines for call-out of Council Staff for Emergency Services work.

THAT:

1. Where staff members of the City Works & Services Group are required for work on roads and other locations or to assist emergency services, the Group Manager City Works and Services shall have authority to call-out the staff required. In all other cases where Council employees are required the request must be made to the relevant Group Manager/Executive Manager who shall authorise the call-out of the personnel required; and

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

2. Where Council personnel are not required for Council work and are authorised by the General Manager to carry out emergency services' work during normal Council working hours, along with other citizens, the Council shall pay their normal wages so that they will not be out of pocket as a result of having volunteered."

Moved Clr Rolls, seconded Clr Dark

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.1.2 REQUEST FOR FINANCIAL ASSISTANCE

File No: 10/5

Responsible Officer: David Evans General Manager

Author: Tony Houlcroft Executive Manager Human Resources

EXECUTIVE SUMMARY This report deals with a request for financial assistance for the 3rd Annual Charity Cricket Match between Cessnock and Maitland City Councils.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT a contribution of $400.00 be made to the 3rd Annual Charity Cricket Match under Section 356 of the Local Government Act, 1993.

Moved Clr Rolls, seconded Clr Dark

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.1.3 TRADE MISSION TO NEW ZEALAND

File No: 35/5/1

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to seek Council’s endorsement of the participation by Mayor Peter Blackmore in the Hunter Region Trade Mission to New Zealand to be undertaken in the first week of March 2002.

OFFICER'S RECOMMENDATION THAT:

1. Council approve the participation of Mayor Peter Blackmore as Maitland City Council’s representative in the 2002 Hunter Region Trade Mission to New Zealand;

2. Costs associated with the Trade Mission be funded from sources identified in this report; and

3. The Mayor provide a comprehensive report to Council in March 2002 on the content and potential outcomes of Trade Mission activities.

COUNCIL RESOLUTION

THAT: 1. Council approve the participation of Mayor Peter Blackmore as Maitland

City Council’s representative in the 2002 Hunter Region Trade Mission to New Zealand;

2. Costs associated with the Trade Mission be funded from sources identified in this report; and

3. The Mayor provide a comprehensive report to Council in March 2002 on the content and potential outcomes of Trade Mission activities including comprehensive financial statements of the cost incurred.

Moved Clr Keating, seconded Clr Procter

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.1.4 QUARTERLY PERFORMANCE REVIEW

File No: 35/53

Attachments: (1) Quarterly Performance Review for period ending 31st December 2001

Responsible Officer: David Evans General Manager

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The Quarterly Performance Review to 31st December 2001 is tabled as required by the Local Government Act.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the Quarterly Performance Review and status as at 31st December 2001 be adopted.

Moved Clr Rolls, seconded Clr Dark

CARRIED

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11.1.5 CITY FLAG

File No: 35/45

Attachments: (1) Design Options

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to seek Council’s endorsement of a new design for the City’s official flag.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT: Council adopt Option 1 as the design for a revised official City Flag as outlined in this report.

Moved Clr Way, seconded Clr Rolls

CARRIED

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11.1.6 CODE OF MEETING PRACTICE

File No: 35/7

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Special Projects

EXECUTIVE SUMMARY This report proposes minor changes to Council's Code of Meeting Practice which will help in the format of Council/Committee Agendas.

OFFICER'S RECOMMENDATION THAT the minor changes to Council's Code of Meeting Practice, as outlined in this report, be adopted.

COUNCIL RESOLUTION THAT the minor changes to Council’s Code of Meeting Practice, for the order of business for Ordinary/Committee meetings be as follows: The Order of Business for Ordinary/Committee meetings shall be: 1. Invocation 2. Apologies 3. Declarations of Pecuniary Interest 4. Confirmation of Minutes 5. Business Arising from Minutes 6. Mayoral Minute 7. Public Access 8. Withdrawal of Items and Acceptance of Late Items of Business 9. Items for Business 10. Officer’s Reports 11. Referred Committee Reports 12. Notice of Motion/Rescission 13. Questions Without Notice 14. Urgent Business 15. Committee of the Whole Moved Clr Fairweather, seconded Clr Galea

CARRIED

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11.2 FINANCE AND ADMINISTRATION

11.2.1 QUARTERLY BUDGET REVIEW - DECEMBER 2001

File No: 2/8 & 35/55

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report reviews Council’s financial position as at 31st December 2001. Council on 26th June 2001 adopted the Management Plan 2001/2002. The Management Plan included the budget, which provided a surplus of $19,251. The projected surplus as at 31st December 2001 is $143,236.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the variations for the December 2001 quarter be approved and form part of the Management Plan 2001/2002.

Moved Clr Keating , seconded Clr Fairweather

CARRIED

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11.2.2 STATEMENT OF INVESTMENTS HELD AS AT 31 JANUARY 2002

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Jon Dundas Manager Revenue & Information Management

EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1993, section 19(3)(b) requires Council to report on its investments.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the report be received and noted.

Moved Clr Procter, seconded Clr Burke

CARRIED

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11.2.3 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION ANNUAL CONFERENCE

File No: 91/6

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report provides details of the forthcoming Australian Local Government Women's Association Annual Conference (AWLGA).

OFFICER'S RECOMMENDATION THAT Council determine if it wishes to nominate a representative for the AWLGA Annual Conference.

COUNCIL RESOLUTION

THAT Council nominate Clr Galea as representative to attend the AWLGA Annual Conference.

Moved Clr Fairweather, seconded Clr Burke

CARRIED

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11.3 SERVICE PLANNING AND REGULATION

11.3.1 CONVERSION OF BROILER SHEDS TO TUNNEL VENTILATION

File No: 106/2

Attachments: (3) Petition Correspondence from Bartter Enterprise Pty Ltd Correspondence from NSW Agriculture

Responsible Officer: Alison McGaffin Development Services Manager

Author: Greg Clayden Town Planner

EXECUTIVE SUMMARY In November 2001, Council received a petition from 13 Berry Park residents (involving eight properties) concerned about the impact of the conversion to tunnel ventilation of two existing broiler farms in the Berry Park area which currently contain largely conventionally ventilated sheds. A copy of the petition is attached to this report as Attachment 1. The petitioners’ concerns have arisen when residents in the locality became aware of upgrading requirements Bartter Enterprises Pty Ltd has specified for their growers, as part of their contract requirements. In summary, Bartter have advised each of their growers that the installation of climate controlled tunnel ventilation systems to their existing sheds will be required by 1 July 2004 to bring them up to the company’s requirements/specifications. The same standard of construction will also apply to any new sheds or sheds which need to be extended by the growers to ensure retention of their contracts. A copy of Bartter’s broiler shed requirements is attached to this report as Attachment 2. Since receipt of the petition a number of meetings and discussions have been held between various stakeholders and Council officers. Council officers and representatives from NSW Agriculture and Bartter Enterprises have also inspected broiler sheds at Tocal College to allow comparison between tunnel and conventionally ventilated sheds. Following the Tocal inspection, NSW Agriculture supplied Council with information regarding tunnel ventilation systems which is included with this report as Attachment 3.

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While the petition received is largely concerned about the two Mexon family broiler farm operations on Raymond Terrace Road, the issues raised have ramifications for the whole industry in the Maitland LGA due to the need for all growers to lodge development applications with Council should they wish to tunnel ventilate their sheds.

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

The following report provides Council with more detail on the above issues and advises on Council’s statutory obligations under the Environmental Planning and Assessment Act, 1979.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council advise Bartter Enterprises Pty Ltd that development consent will be required to carry out the necessary modifications to convert existing conventionally ventilated sheds to tunnel ventilation.

2. Other stakeholders such as the Chicken Growers Association, NSW Agriculture and the EPA be advised of Council’s position.

Moved Clr Procter, seconded Clr Geoghegan

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.2 DEVELOPMENT ENFORCEMENT

File No: 103/7

Responsible Officer: Alison McGaffin Development Services Manager

Author: Brad Everett Group Manager - Service Planning and Regulation

EXECUTIVE SUMMARY This report aims to provide Councillors with options in relation to allocating resources to investigate unauthorised development and to ensure compliance with conditions of development consent.

OFFICER'S RECOMMENDATION

THAT

1. Council endorse the allocation of resources from existing salary votes provided to the Service Planning and Regulation Group within the 2001/2002 Budget to appoint an officer to commence development and implementation of a Development Enforcement Program; and,

2. Council consider the inclusion of funding for an additional position within the 2002/2003 Management Plan to increase resources allocated to the Development Enforcement Program.

PROCEEDINGS IN BRIEF

A motion was moved to adopt the Officer’s Recommendation. (Clrs Leverence/Garnham) An amendment was moved to adopt Item 1. (Clrs Fairweather/Keating) The amendment when put to the meeting was declared lost. The motion was then put to the meeting and declared carried.

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

COUNCIL RESOLUTION

THAT

1 Council endorse the allocation of resources from existing salary votes provided to the Service Planning and Regulation Group within the 2001/2002 Budget to appoint an officer to commence development and implementation of a Development Enforcement Program; and,

2 Council consider the inclusion of funding for an additional position within the 2002/2003 Management Plan to increase resources allocated to the Development Enforcement Program.

Moved Clr Leverence, seconded Clr Garnham

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.3 FORMER MORPETH COURTHOUSE CONSERVATION MANAGEMENT PLAN

File No: 96/2/2

Responsible Officer: Judy Jaeger/Clare James Manager Cultural and Community Services/Heritage Officer

Author: Judy Jaeger/Clare James Manager Cultural and Community Services/Heritage Officer

EXECUTIVE SUMMARY A Conservation Management Plan has been completed for the former Morpeth Courthouse with the objective of providing guidelines for future works or the adaptive reuse of the building. The Plan, commissioned by Maitland City Council, was prepared by the Newcastle Office of the NSW Department of Public Works and finalised in February this year. A grant was obtained through the NSW Heritage Office for $2650 to undertake the project, which was matched by Maitland City Council. The purpose of this report is to recommend the adoption of the Plan by Council and to seek the endorsement of the Plan by the NSW Heritage Office. A copy of the report will be provided to Councillors under separate cover and available at the meeting.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION

THAT

1. The former Morpeth Courthouse Conservation Management Plan be adopted by Council.

2. That a copy of the Plan be sent to the NSW Heritage Office for endorsement.

3. Council invite expressions of interest for use of both the western and eastern wings of the Morpeth Court House. Following receipt of these expressions of interest, a further report be presented to Council for determination.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.4 DA980550 MODIFIED DEVELOPMENT APPLICATION - MINOR ALTERATIONS TO APPROVED TAVERN LOT 1 DP 956729 AND LOT 2 DP 704473 THORNTON ROAD THORNTON RECOMMENDATION: APPROVAL

File No: DA 980550 Attachments: (2) Locality Plan

Original Schedule of Conditions

RESPONSIBLE OFFICER: ALISON MCGAFFIN Development Services Manager Author: Greg Clayden Town Planner Applicant: Blueys (The Thornton Tavern & Recreation

Centre) Pty Ltd Proposal: Modified Development Application - Minor

Alterations To Approved Tavern Location: Lot 1 DP 956729 and Lot 2, DP 704473 Thornton

Road, Thornton Zone: 6(b) Private Recreation

EXECUTIVE SUMMARY At its meeting on 28 July, 1998 Council approved a Tavern on the above described land incorporating a bistro restaurant, a bottle shop, meeting rooms, a gaming room with provision for 15 machines and a beer garden. Council has now received an amended development application under Section 96 (1A) of the Environmental Planning and Assessment Act, 1979 which involves minor, largely internal alterations to the approved tavern. The amended application was notified to adjoining property owners and to those who lodged submissions in regard to the original application for a 14 day period ending on 14 January 2002. No submissions were received as a result of the notification and concurrent public exhibition of the amended proposal. The amended proposal has been assessed under the relevant heads of consideration under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 and it is recommended that the amended application be approved in accordance with the following recommendation.

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

The modified application (DA 980550) for minor alterations to the approved Tavern on Lot 1 DP 956729 and Lot 2 DP 704473 Thornton Road Thornton be approved subject to the revised schedule of conditions attached.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.5 REVIEW OF COMPLIANCE WITH REQUIREMENTS OF ORDER SERVED AT THE RED LION INN, BANKS STREET, EAST MAITLAND

File No: P10797

Attachment: (6) Order Builders & Engineers Reports Correspondence Typical Details of Temporary Hoarding Report by EG Trueman Consulting Engineer Report by Lewis Engineering

Responsible Officer: Alison McGaffin Manger Development Services

Author: Eddie Love Senior Health & Building Surveyor

EXECUTIVE SUMMARY The Red Lion Inn, East Maitland is a building that is listed as having Regional Heritage Significance. Subsequent to the refusal of a Building Certificate application, an Order, under the Environmental Planning & Assessment Act 1979, was served requiring both temporary support works and long-term repairs to the first floor cantilevered balcony on the front elevation of the building. The plan for the long- term repairs to the balcony has now been submitted in the form of an Engineer’s report, however, the recommended works are not considered to be consistent with the historic significance of the building. This report describes the events since the application for the Building Certificate and considers options to progress the current situation so that the balcony may be repaired without compromising the heritage significance of the building.

OFFICER'S RECOMMENDATION THAT:

Council amend the Order to allow the posts currently supporting the verandah to remain temporarily with long term repair works involving splicing of new joists to the existing joists (or an alternative method acceptable to the NSW Heritage Office) to be completed within two (2) years.

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

PROCEEDINGS IN BRIEF

A motion was moved to adopt Option 4 in the Report. (Clrs Geoghegan/Humphery An amendment was moved to adopt Option 3 in the Report. (Clrs Keating/Dark) The amendment when put to the meeting was declared lost. The motion was then put to the meeting and declared carried.

COUNCIL RESOLUTION THAT:

1. Council amend the Order to allow the posts currently supporting the verandah to remain temporarily with long term repair works involving splicing of new joists to the existing joists (or an alternative method acceptable to the NSW Heritage Office) to be completed within one (1) year.

2. Council engage an independent consulting engineer to provide a fully researched and detailed set of potential solutions that are graded in terms of cost, suitability and practicality. The results of this investigation be reported back to Council for a decision after the owner has been given the opportunity to provide comment.

Moved Clr Geoghegan, seconded Clr Humphery CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.6 CORPORATE TRUSTEESHIP OF MAITLAND CEMETERIES AND COMMERCIAL INTERESTS

File No: 26/4

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: David Bortfeld Manager Recreation Planning

EXECUTIVE SUMMARY This report deals with progress to accept Trusteeship of Cemeteries along Raymond Terrrace Road. Council, at its meeting of 26th June, 2001 resolved to accept Trusteeship of Cemeteries at Metford as identified by the Department of Land and Water Conservation. This process should be finalised by the end of March, 2002. It should be noted that the offer of cemetery land includes Lot 16 which is currently undeveloped. A preliminary assessment of cemeteries and their expected usage has been undertaken. From these investigations, it is confirmed that the medium term needs for burials in Maitland is well catered. Consequently, Lot 16 is surplus to Council's needs. Council is aware of interest for the development of Lot 16 as a private lawn cemetery. The development of a private cemetery would extend the use of Council's existing facilities and also provide the community with opportunities not currently on offer with the existing cemetery system. For Council to consider this proposal, all aspects of the Crown Lands Act must be adhered to. These include but not limited to calling for expressions of interest and also seeking the Minister's approval. From these expressions of interest, Council can evaluate the true benefit of private development and secure future direction for the site.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT :

1. Council note that Lot 16 Raymond Terrace Road is surplus to Council's existing land needs for cemetery purposes;

2. Expressions of interest be invited for the lease of Lot 16, Raymond Terrace Road, for the development of a private cemetery.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.7 DEPARTMENT OF SPORT AND RECREATION - INFORMATION FORUM

File No: 101/30

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: David Bortfeld Manager Recreation Planning

EXECUTIVE SUMMARY Council has been approached by the Department of Sport and Recreation to support the development of two "Community Information Days". These forums are designed to provide the community with an understanding of the services the Department delivers. Through greater understanding of these services, individuals and community groups can take advantage of opportunities that promote a healthy lifestyle. Council's support and the identification of a suitable venue and contacts within the community is being requested.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council support the Department of Sport and Recreation in the development of two community awareness forums in Maitland;

2. Council provide a suitable venue for these forums.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.8 DRAFT PLAN OF MANAGEMENT - TELARAH LAGOON

File No: P31935 and P31936

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: David Bortfeld Manager Recreation Planning

EXECUTIVE SUMMARY This report deals with Council's resolution of the 27th November, 2001 to place the Draft Plan of Management for Telarah Lagoon on public exhibition. The Draft Plan identifies the future development and management of the lagoon reserve. Focus of the plan is improving the ecology of the lagoon and enhance the reserve for passive recreation. At close of the exhibition period, no submissions were received.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council formally adopt the Draft Plan of Management for Telarah Lagoon

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.9 LOCHINVAR TENNIS COURTS

File No: P26133

Attachments: (1) Quote for resurfacing

Responsible Officer: Brad Everett Group Manager - Service Planning and Regulatory

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY This report deals with the Council resolution of 28th August, 2001 requesting further information on the resurfacing works and floodlighting issues at Lochinvar Tennis Courts. These tennis courts are currently in a state of disrepair. In 1998 the Tennis Club, with Council's assistance, resurfaced one court. In 2001, Council, with assistance from the Club, replaced one floodlight pole and light. These courts are a significant part of the recreation provisions for Lochinvar. The estimated cost of refurbishment is $56,000. It is recommended that Council consider these refurbishments as a component of the 2002/03 Management Plan and Budget process.

OFFICER'S RECOMMENDATION THAT

Council consider the refurbishment of the Lochinvar Tennis Courts, as detailed in this report be considered as a component of the 2002/03 Management Plan and Budget process.

PROCEEDINGS IN BRIEF

A motion was moved that this be deferred until The Lochinvar Tennis Courts provide a Plan of Management, which will be tabled at the next Council meeting. (Cls Keating/Leverence)

An amendment was moved that No 1 of the report be adopted subject to Lochinvar Tennis Club providing a Plan of Management and financial statements to Council. (Clrs Fairweather/Procter)

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

COUNCIL RESOLUTION

THAT

Council consider the refurbishment of the Lochinvar Tennis Courts, as detailed in this report be considered as a component of the 2002/03 Management Plan and Budget process subject to a Plan of Management and financial statement being provided to Council.

Moved Clr Fairweather, seconded Clr Procter

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.10 MORPETH BOAT RAMP WADAMP GRANT FUNDING

File No: P21316

Responsible Officer: Brad Everett Group Manager - Service Planning and Regulatory

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY This report deals with Council’s application for grant funding under the Waterways Asset Development and Management Program (WADAMP) for improvements to the Queens Wharf boat ramp and surrounds. This application was successful with the Waterways Authority now requesting acceptance of the grant. Council is currently in receipt of $70,000 from Federal Flood Recovery Funding for the reinstatement of the Wharf. The additional funding being offered through the WADAMP will present an opportunity for Council to further develop the site and provide a recreation –to the community. Council’s application under this grant was for a total of $140,000 with a Council contribution of $70,000. The identified $70,000 was previously committed to the development of the boat ramp area. The Waterways Authority are now requesting Council acknowledge its commitment to the project and formally accept the grant. In accepting the grant Council can proceed with the development of the Queens Wharf recreation area. These additional funds have been identified to facilitate the expansion of the boat ramp and the construction of a jetty. These works will complement the already identified improvements for the area. These improvements include a toilet facility and proposed car parking. On speaking with the Waterways Authority Councils financial commitment can be offset against work to be undertaken on the site. These works whoever must be associated with the Boat ramp and offer support for the use of the river. The acceptance of this grant will allow Council to increase the usability of the area and offer the community a premier water frontage recreation asset. These improvements are inline with the strategic direction offered in the Morpeth Management Plan

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

Council formally accept the grant from the WADAMP to further enhance development of the queens wharf area and boat ramp that the grant be matched by $70,000 originally provided by Council for this facility in the 2001/2002 Management Plan.

Moved Clr Procter, seconded Clr Garnham

CARRIED

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11.3.11 SHAMROCK HILL SPORTING COMPLEX

File No: P34663

Responsible Officer: Brad Everett Service Planning and Regulatory

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY This report deals with the request to allocate further funding to finalise works at Shamrock Hill playing fields. Council, in 1998 allocated funding for the development of a playing field and associated infrastructure. During the Development Application process, community concerns resulted in the relocation of the amenities and carpark. This relocation presented Council with the opportunity to expand the single playing field into 2 fields. This design is preferred and offers the community greater opportunity to use the reserve. As a result of construction restrictions on the carpark and previously unidentified requirements, an additional $49,706 is required. This additional funding is for landscaping and entrance embellishments and to facilitate extra drainage works at the carpark. These issues have been discussed with the East Maitland Recreation Group. There is currently funding available in Section 94 allocations from City Wide and East Sector contributions.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council allocate additional funding from Section 94 allocations as identified in this report.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.12 TREE LIGHTING - KING EDWARD PARK EAST MAITLAND

File No: P34930

Responsible Officer: Brad Everett Group Manager - Service Planning and Regulatory

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY Council has been approached by East Maitland Bowling Club regarding the installation of tree lighting in the 14 Date Palms located in King Edward Park, East Maitland. The park is a recognised showpiece and entrance to the area. East Maitland Bowling Club has offered to meet the costs of the supply and installation of these lights ($10,318). The installation of these lights will enhance the already high profile of the Park and entrance feature to the area.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

Council forward a letter of appreciation to East Maitland Bowling Club for undertaking the installation of tree lights at King Edward Park

Moved Clr Galea, seconded Clr Way

CARRIED

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11.3.13 RZ01004 - DRAFT AMENDMENT TO MAITLAND LEP, 1993 ALTERATION OF ACQUISITION CLAUSE & VARIOUS REZONINGS

File No: RZ01004

Attachments: (2) DRAFT LEP SUBMISSIONS

Responsible Officer: Peter Cameron Co-ordinator City Strategy

Author: Carolyn Maginnity Strategic Planner

EXECUTIVE SUMMARY On 30 January 2001, Council resolved to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 to: a) amend the current provisions for the acquisition of land zoned 6(a) Public

Recreation and 6(c) Proposed Recreation; and b) rezone a number of properties located in various parts of the city that are

inappropriately zoned 6(a) and correct a number of mapping anomalies (where parts of properties have been incorrectly zoned 6(a) Public Recreation).

The draft plan seeks to amend the existing acquisition provisions to allow Council time in which to assess whether it requires land for which an acquisition notice has been received and if necessary, negotiate rezoning of the land to allow more appropriate uses. In accordance with the provisions of Section 66 of the Environmental Planning and Assessment Act, 1979, the proposed amendment was placed on public exhibition at Council’s Customer Service Centre and Maitland City Library from 7th January to 4th February 2002. The draft amendment was advertised in the Maitland Mercury and public notice of the amendment was given to relevant public authorities and affected property owners. Written submissions were received from the Department of Land and Water Conservation, Hunter Catchment Management Trust and the Hunter Water Corporation. None of the submissions raised any objection to the proposed amendment. It is therefore recommended that the draft LEP be referred to the Minister for Planning with a request for the Minister to make the plan.

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. In accordance with Section 68 of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be referred to the Department of Planning with a request that the Minister make the Plan.

Moved Clr Galea, seconded Clr Way

CARRIED

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11.3.14 ART GALLERY FEASIBILITY STUDY

File No: P29139

Attachments: (1) Regional Gallery Feasibility Study: a comparative analysis

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Cultural & Community Services

EXECUTIVE SUMMARY This report provides Council with the outcome of the Art Gallery Feasibility Study conducted by the consultancy firm, Trevor & Esther Hayter Pty Ltd and provides options for a Regional Gallery within the City.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. The Regional Gallery Feasibility Study lay on the table for one (1) month to enable review by the Council.

2. During this period a briefing of Councillors be conducted.

Moved Clr Keating, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.15 EXEMPTIONS FROM WASTE DISPOSAL CHARGES AT WASTE DEPOT FOR 2001/2002

File No: 10/5/6

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Cultural & Community Services

EXECUTIVE SUMMARY Under its current Section 356 Donation Policy, Council can provide exemptions from waste disposal charges at the Mount Vincent Waste Depot to charitable organizations. In line with Council’s policy all applicants must have an Australian Business Number.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council grant an exemption from waste disposal charges to Kurri Homework – Home Modification Service to the value of $200.00 for the 2001/2002 financial year.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.16 FINANCIAL ASSISTANCE - SECTION 356

File No: 10/5

Responsible Officer: Brad Everett Group Manager Service Planning & Evaluation

Author: Judy Jaeger Manager Cultural & Community Services

EXECUTIVE SUMMARY This report presents to Council a recommendation for financial assistance under Section 356 of the Local Government Act, 1993 for the NSW Police Service Volunteer’s In Policing project.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council grant the amount of $500.00 to the NSW Police Service Volunteer’s in Policing project to purchase hats for volunteers.

Moved Clr Galea, seconded Clr Way

CARRIED

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

11.3.17 LIBRARY STRATEGIC PLAN

File No: PR17504

Attachments: (3) Maitland City Library Service Strategic Plan 2002-2006 Implementation Plan Maitland City Council Library Space Study

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger/Jean McBride Manager Cultural & Community Services/City Librarian

EXECUTIVE SUMMARY This report provides Council with a Strategic Plan for the provision of library services within the City and options for the development and implementation of key strategies contained within the report. An implementation plan is also included which provides Council with options to ensure strategies are implemented. The provision of upgraded or purpose built library facilities represents a major investment over the next ten (10) years. The Strategic Plan and Implementation Plan will enable Council to develop a long-term strategy of replacement, adaption or extension of all its library service points and to assign priorities. The recommendation’s contained within the report provide Council with an opportunity to provider two (2) branch libraries within two (2) years, those being Rutherford and East Maitland.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION 1. THAT the Maitland City Library Service Strategic Plan 2002-2006, as

presented within this report, be adopted as the principal strategic plan to provide for the future growth and development of library services within the City.

2. That the $750,000 currently in the 2001/2002 Management Plan be allocated to the design and construction of a branch library at Rutherford.

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

3. That consideration be given as part of the 2002/2003 Budget and Management Plan process, to design and construct a branch library at East Maitland for $1.55 million funded from Section 94 contributions and loan borrowings.

Moved Clr Burke, seconded Clr Rolls

CARRIED

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11.3.18 SECTION 356 DONATIONS POLICY

File No: 10/5

Attachments: (2) Section 356 Donations Policy (Feb 2002) Section 356 Donations Policy (April 2000)

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Cultural & Community Services

EXECUTIVE SUMMARY The purpose of this report is to present to Council a policy on Section 356 Donations that demonstrates eligibility, priorities and accountability requirements for community groups.

OFFICER’S RECOMMENDATION THAT:

1. The current Section 356 Donations policy be rescinded.

2. The draft Section 356 Donations policy (as attached) be adopted.

COUNCIL RESOLUTION THAT:

1. The current Section 356 Donations policy be rescinded.

2. The draft Section 356 Donations Policy (as attached) be adopted with an amendment to the wording in the Priorities Section, Part (b) to read ‘lower priority’ in place of ‘low priority’.

Moved Clr Geoghegan, seconded Clr Galea

CARRIED

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11.3.19 DRAFT REPORT: INDEPENDANT INQUIRY INTO THE HUNTER RIVER SYSTEM

File No: 55/2

Attachment: (1) Correspondence

Responsible Officer: David Simm Manager Environmental Programs

Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY The Healthy Rivers Commission has presented the ‘Draft Report: Independent Inquiry into the Hunter River System’ (a copy will be provided to Councillors under separate cover). The inquiry that is subject of the report was undertaken during 2001 and Council made a written submission to the Commissioner (see attachment). The Commission presents nine (9) key recommendations and eleven (11) ancillary recommendations in the draft report which it believes will provide valuable guidance to community, government and agencies that are involved with river and catchment management. In response to the Draft Report, Council has forwarded an additional submission to the Commission. The submission provides in principle support for the recommendations and provides comments on the links between these and Council’s existing and future commitments to river and catchment management.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council endorse the submission prepared on the Outcomes of the Draft Report: Independent Inquiry into the Hunter River System.

Moved Clr Galea, seconded Clr Way

CARRIED

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11.3.20 ST. FAGANS PARADE, RUTHERFORD - REMOVAL OF ROAD CLOSURE POINT

File No: 122/944, 222/543

Attachments: (1) Report to Council of 23rd June, 1998

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: John Carey Acting Senior Traffic Officer

EXECUTIVE SUMMARY Council has received a request from residents in the area for the removal of the traffic barrier island in St. Fagans Parade, Rutherford and the opening up of the street as a through connection. As a result, Council organised a site meeting with residents on 2 May 2001 in order to air the associated issues. Issues identified in the previous review of the situation in mid 1998, were revisited with the residents, and it was evident that the equal balance of opinion about what should be done with the barricade has not changed from the previous occasion.

At this meeting Council undertook to further investigate options to mitigate the problems being experienced by some of the residents in the area as follows: 1. Extend Arthur Street to join up with Ventura Close 2. Accelerate the completion of the missing part of Regiment Road.

Following investigation, there are financial and traffic management issues that make option 1 unviable. The completion of the missing section of Regiment Road would only be possible if Council were to undertake the work itself. This is not considered to be an appropriate course of action for Council. It is recommended that the barrier remain until the final section of Regiment Road is completed by the developer of the land in the area.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

Council reaffirm that, on completion of the Regiment Road connection to Wollombi Road, the road closure barrier in St. Fagans Parade be removed in accordance with the provisions of the Roads Act, 1993.

Moved Clr Fairweather, seconded Clr Way

CARRIED

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11.3.21 WOLLOMBI ROAD/NEW ENGLAND HIGHWAY INTERSECTION - PETITION

File No: 222/633 & 222/416

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Warwick Randall Manager Assets and Infrastructure

EXECUTIVE SUMMARY Council has received a letter of representation from the Member for Maitland, Mr John Price, MP on behalf of Rutherford residents who are concerned about the RTA's proposal to install traffic signals at the New England Highway/Wollombi Road intersection. The Local Traffic Committee considered Mr Price's letter (and the attached correspondence from the residents) at the meeting of 7th February, 2002 and recommended that the correspondence be forwarded to the RTA for consideration. In recent discussions, the RTA have indicated that treatment of this intersection has now been put on hold pending the finalisation of a study covering traffic management along the length of highway from the Hospital roundabout to Wollombi Road. This decision has been the result of a significant escalation in the cost of engineering solutions to traffic management at this intersection.

A further report will be presented to Council following further discussion with the RTA clarifying details of the scope of the proposed study and time frames for its implementation.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT

A further report be presented to Council following further discussions with the RTA clarifying details of the proposed study of traffic issues along the New England Highway between the Hospital Roundabout and Wollombi Road.

Moved Clr Galea, seconded Clr Way

CARRIED

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11.3.22 REQUEST FOR CLOSURE OF WESTERN LANE BETWEEN MELBEE STREET & NEW ENGLAND HIGHWAY, RUTHERFORD

File No: 222/383

Attachments: (1) Submissions and notice for public meeting re Melbee Street Lane closure

Responsible Officer: Brad Everett Group Manager, Service Planning & Regulation

Author: Warwick Randall Manager, Asset & Infrastructure Planning

EXECUTIVE SUMMARY Council has received requests from residents in the area to close the western lane between Melbee Street and the New England Highway. The requests have arisen as a result of unacceptable behaviour from members of the community using the lane, mostly late at night.

In response to these requests, Council conducted a community consultation programme to ascertain the general attitude of the community to the proposed closure, and the extent to which the lane is used

Following this process, it has been assessed that the lane does provide a considerable community facility, and that a significant majority of the community has an expectation that the lane will remain in service.

It is therefore recommended that the lane remain in service, with an ongoing commitment from Council to pursue improvements to issues of public safety relating to the lane.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

Council resolve to:

1. Retain the use of the western most lane between Melbee Street and the New England Highway, and

2. Commit to pursuing ongoing improvements to issues of public safety relating to the use of the lane.

Moved Clr Geoghegan, seconded Clr Garnham

CARRIED

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11.3.23 PERMANENT ROAD CLOSURE - PART OF CUMBERLAND STREET, GOSFORTH

File No: 122/901

Attachments: (1) Council report of 22nd January, 2002

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Kevin Stein Design Co-ordinator

EXECUTIVE SUMMARY Council has received an application to consider the closure and purchase of part of Cumberland Street, Gosforth. This matter was reported to Council at its meeting on 22nd January, 2002 at which time it was deferred until after a site inspection. The site inspection was arranged for Wednesday, 20th February, 2002 at 4.00 p.m. The application has been further reviewed following the site inspection with a recommendation that the closure and purchase application be approved.

OFFICER'S RECOMMENDATION THAT:

1. Council lodge an Application for the closure of Cumberland Street and sale to adjoining owner, subject to opening Lot 1 DP 653301 as temporary road;

2. Applicant to meet all costs associated with closures and transfer of land.

COUNCIL RESOLUTION THAT:

1. Council lodge an application for the closure of Cumberland Street and sale to the applicant, subject to opening Lot 1, DP 653301 as a road and the following.

2. The granting of a legal right of way and water easement over the section of Cumberland Street subject to closure or an acceptable alternative within the applicants property.

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3. A suitable crossing be constructed by the applicant negating the water obstacle caused by the construction of the dam in the event of no alternative.

4. The applicant meet all costs associated with the closure transfer and right of way and easement.

Moved Clr Humphery, seconded Clr Burke

CARRIED

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11.3.24 REOPENING OLD METFORD ROAD

File No: 222/387

Attachments: (3) Council Report 22nd January 2002 TPK & Associates Report Plan of Aboriginal Land Claim

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Chris James Infrastructure Planning Engineer

EXECUTIVE SUMMARY This report identifies the major issues associated with traffic management at the New England Highway intersections with Chelmsford Drive and Maitland Road and the proposed extension of Metford Road between Chelmsford Drive and the New England Highway. It provides a basis for Council to consider its position and proposes a course of action for Council to take. The main issues include land ownership, current operational layout, current and future traffic flows, local issues at Chelmsford Drive and the importance of the Road and Traffic Authorities plans for the New England Highway. Given the number of factors that may impact on any decision such as existing and proposed development, F3 extension to Branxton, Metford Road rail underpass the report recommends that discussion commence with the RTA to investigate road infrastructure requirements at this location. The report further recommends that given the likely timeframes for the project investigation that Councils programmed reconstruction of Chelmsford Drive and construction of a roundabout at Metford Drive proceed.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council commence discussions with Roads and Traffic Authority regarding traffic management issues associated with the existing Chelmsford Drive, Chisholm Road and Mitchell Drive intersections with the New England Highway as indicated in this report including

• Undertaking of an analysis of the intersections to determine if they are functioning in a safe and efficient manner and are achieving the predicted design objectives.

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• Assessment of available traffic treatment options.

• The Authority’s medium and long term plans for the intersections.

• Advice as to the level of Council involvement in investigation and traffic data collection

2. Council meet with the Mindarriba Land Council and formally advise that traffic management issues are being investigated in the area and seek the Land Councils views on the option of re-opening Metford Road.

3. Council raise with the Department of Land and Water Conservation the investigation into the re-opening of Metford Road and request a determination as to Councils eligibility to lodge an expression of interest in the Crown land between Chelmsford Drive and the New England for an essential public purpose.

4. Council undertake any necessary review of the Maitland Citywide Road and Traffic Study that may be required as a result of the discussions with the RTA

5. Council proceed with the 2001/02 programmed Chelmsford Drive reconstruction works and roundabout construction

Moved Clr Galea, seconded Clr Way

CARRIED

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11.4 CITY WORKS AND SERVICES

11.4.6 RURAL FIRE SERVICE MINI BUS REPLACEMENT

File No: 20/16

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Barry Pont Fire Control Officer - NSW Rural Fire Service

EXECUTIVE SUMMARY This report relates to the replacement of Council’s Rural Fire Service (RFS) bus which was written off in 2001. The report recommends that a new bus be purchased and that funds held in credit for vehicles and equipment by the RFS be used for the purchase.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT Council purchase a new Rural Fire Service (FRS) bus, estimated cost $84,500, utilising funds held in credit by the NSW RFS for the purchase of vehicles and equipment for the Maitland RFS.

Moved Clr Way, seconded Clr Dark

CARRIED

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12 REFERRED COMMITTEE REPORTS CITY ENVIRONMENT COMMITTEE 12 FEBRUARY 2002

12.1 PROPOSED AMENDMENT TO MAITLAND LEP 1993

LOT 3 DP634523, NEW ENGLAND HIGHWAY, LOCHINVAR File No: RZ98001

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Carolyn Maginnity Strategic Town Planner

EXECUTIVE SUMMARY This report considers an application to rezone part of Lot 3 DP634523, New England Highway, Lochinvar from 1(b) Secondary Rural Land to 7(b) Environmental Protection Buffer and to amend clause 48 of Maitland Local Environmental Plan (LEP) 1993 to enable the land to be subdivided into seven (7) lots, as shown in Attachment A of this report. Each lot would have a dwelling entitlement. Siting of dwellings would be limited to defined building envelopes in accordance with a Development Control Plan (DCP) for the site. This rezoning application is an amendment to two previous rezoning proposals considered by Council. The initial proposal was to allow twenty-one (21) rural residential allotments, whilst the second proposal was for five (5) rural allotments. Consideration of the current seven (7) lot proposal was deferred, pending completion of Council’s recently adopted Urban Settlement Strategy. The Strategy identifies the subject land as a “preferred investigation area” for low-density rural residential development. The current proposal has been developed in response to more detailed investigation into the suitability of the land for development, including an assessment of the impact of proposed development on the heritage significance of ‘St Helena’ and a detailed study of the site’s capacity for on-site effluent disposal. The Statement of Heritage Impact (SOHI) concludes that the proposed lower density of development and revegetation of the creek environs will assist in integrating the development into the landscape without compromising the values of ‘St Helena’. The wastewater management report concludes that proposed lot sizes are adequate to ensure there is no net cumulative effects on the catchment and that the proposal has the potential to enhance water quality in Lochinvar Creek.

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On balance, it is considered that the application has merit, particularly in relation to the rehabilitation and revegetation of Lochinvar Creek. The proposal is not expected to create an undesirable precedent in terms of the future settlement pattern in the locality and the comprehensive nature of controls contained in the DCP will ensure that the proposal does not adversely impact on the significance of ‘St Helena’. The report recommends that Council resolve to prepare and exhibit a draft LEP and draft DCP for the site. This will provide opportunity for further public comment and review of the draft plan and DCP, prior to Council making a final decision. Copies of the draft LEP and draft DCP are attached (Attachments B and C).

COMMITTEE RECOMMENDATION THAT it be recommended to Council that:

1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, as amended, Council resolve to prepare and exhibit a draft Local Environmental Plan to rezone part of Lot 3 DP 634523 New England Highway, Lochinvar from 1(b) Secondary Rural Land to 7(b) Environmental Protection Buffer and amend clause 48 of the Maitland Local Environmental Plan 1993 to permit the land to be subdivided into seven (7) lots with the erection of a dwelling house on each lot, in a manner consistent with the heritage significance of ‘St Helena’.

2. Council resolve to exhibit the draft Development Control Plan and draft Local Environmental Plan concurrently.

3. Council resolve that should no objection be received by Council during the exhibition period and should no issues be raised by relevant statutory authorities which may preclude adoption of the plan, the matter be referred to the Department of Planning with a request that the Minister make the plan.

COUNCIL RESOLUTION

THAT

1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, as amended, Council resolve to prepare and exhibit a draft Local Environmental Plan to rezone part of Lot 3 DP 634523 New England Highway, Lochinvar from 1(b) Secondary Rural Land to 7(b) Environmental Protection Buffer and amend clause 48 of the Maitland Local Environmental Plan 1993 to permit the land to be subdivided into seven (7) lots with the erection of a dwelling house on each lot, in a manner consistent with the heritage significance of ‘St Helena’.

2. Council resolve to exhibit the draft Development Control Plan and draft Local Environmental Plan concurrently for a period of eight (8) weeks.

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3. Council resolve that should no objection be received by Council during the exhibition period and should no issues be raised by relevant statutory authorities which may preclude adoption of the plan, the matter be referred to the Department of Planning with a request that the Minister make the plan.

Moved Clr Fairweather, seconded Clr Procter CARRIED

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12.2 MAITLAND GREENING PLAN (PART 2B)

File No: 103/76

Attachments (1) Greening Plan Submissions Review

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY The preparation and exhibition of the Maitland Greening Plan has now been completed. Twenty four (24) submissions have been received on a wide range of issues in relation to the draft Plan. The purpose of this report is to consider the submissions and make recommendations to Council on the final form of the Greening Plan and matters arising from the Greening Plan. The Greening Plan has been developed with the assistance of a Coordinating Group, which has provided valuable assistance and a range of perspectives from the community. There has not been consensus on all issues within the Coordinating Group. However, the Group meetings have provided a forum for discussion on a wide range of issues, culminating in the draft Plan which was presented for exhibition. The issues considered by the Group have included the goals for the Greening Plan and vegetation conservation targets for each of the vegetation communities present in the Maitland, which were subsequently included in the draft Greening Plan. The draft Greening Plan has therefore included valuable community input throughout its preparation and is expected to provide a suitable basis and vision for on-going efforts towards sustainable vegetation management in the Maitland LGA. The Greening Plan is also expected to complement the regional approach to environmental management, which is being undertaken at the catchment level. The issues raised in submissions have been considered in preparing this report and, whilst minor amendments have been made to the exhibited draft Plan, it has not been necessary to significantly alter the Greening Plan in the format in which it was exhibited. Minor amendments have been made and are included in the copies of the Greening Plan presented with this report. Copies of the Greening Plan are available to the general public at Council’s Customer Service Centre.

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It is recommended that the Plan be adopted and that a separate report be provided to Council as a priority, detailing the necessary steps towards implementation and the proposed administration arrangements for the implementation of the Plan. The first steps are expected to include:

• The formulation and public exhibition of a detailed proposal for an environmental levy (special rate), providing transparency and accountability to the general public; and

• Specialist advice on the implementation of trade offs in conjunction with

amendments to Council’s LEP and the preparation of a DCP in relation to vegetation management.

It should be stressed that extensive consultation with the community is proposed in relation to these matters. It is also recommended that a statement be included at the commencement of the Greening Plan in relation to the proposed retention targets. The statement would highlight the fact that the new conservation targets will not result in the conservation of all remnant native vegetation, for reasons such as established land zones, and the need to consider trade offs to provide for long-term conservation. The statement would also recognise that vegetation conservation is not just an issue for MCC. It is a task for the whole community and for government at all levels. On this basis, the Greening Plan is presented for the consideration and determination of Council.

COMMITTEE RECOMMENDATION THAT it be recommended to Council that:

1. Council adopt the Greening Plan as presented to Council with this report, as the basis for Council policy in matters relating to vegetation management for the City of Maitland.

2. A further report be submitted to Council detailing an implementation strategy for the Greening Plan and various recommendations.

3. Council proceed with the development of a detailed proposal for an environmental levy (special rate) and that extensive consultation take place to gauge public opinion and support.

4. Specialist advice be obtained on trade-offs for consideration by Council in conjunction with draft amendments to Maitland LEP 1993 in relation to vegetation management and the preparation of a draft Development Control Plan.

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5. A statement be included at the commencement of the Greening Plan in relation to the vegetation conservation targets, as described in the executive summary of this report.

6. The progress and effectiveness of the Greening Plan be reviewed annually to ensure that the Plan remains relevant and up to date.

PROCEEDINGS IN BRIEF

A motion was moved to accept the Committee’s Recommendation. (Clrs Garnham/Procter) An amendment was moved that the Committee’s Recommendation be adopted, incorporating Option 2 from the Greening Plan. (Clrs Leverence/Dark)

The amendment when put to the meeting was declared lost.

The motion was then put to the meeting and declared carried. COUNCIL RESOLUTION

1. Council adopt the Greening Plan as presented to Council with this report, as the basis for Council policy in matters relating to vegetation management for the City of Maitland.

2. A further report be submitted to Council detailing an implementation strategy for the Greening Plan and various recommendations.

3. Council proceed with the development of a detailed proposal for an environmental levy (special rate) and that extensive consultation take place to gauge public opinion and support.

4. Specialist advice be obtained on trade-offs for consideration by Council in conjunction with draft amendments to Maitland LEP 1993 in relation to vegetation management and the preparation of a draft Development Control Plan.

5. A statement be included at the commencement of the Greening Plan in relation to the vegetation conservation targets, as described in the executive summary of this report.

6. The progress and effectiveness of the Greening Plan be reviewed annually to ensure that the Plan remains relevant and up to date.

Moved Clr Garnham, seconded Clr Procter CARRIED

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13 NOTICE OF MOTION/RESCISSION

13.1 ADMINISTRATION BUILDING NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE

FILE NO: P33382

Responsible Officer: David Evans General Manager

Author: Clr Ted Leverence

Clr Ted Leverence has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 26 February 2002, as follows: That: the Rates counter on the 1st floor be re-opened post haste.

PROCEEDINGS IN BRIEF A motion was moved that the Rates counter on the 1st floor be re-opened post haste. (Clrs Leverence/Dark) The motion when put to the meeting was declared lost.

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13.2 PEDESTRIAN ACCESS AT BRIDGE AT THORNTON STATION NOTICE OF MOTION SUBMITTED BY COUNCILLOR JENNIFER ROLLS

FILE NO: 140/11

Responsible Officer: Brad Everett Group Manager Service Planning &

Regulation

Author: Jennifer Rolls Councillor

Clr Jennifer Rolls has indicated his/her intention to move the following Notice of Motion at the next Ordinary Council of Council on 26/2/02, as follows: That: a report come back to the March Council meeting to the ability to remove the existing pedestrian access at the bridge at Thornton Station, which would give an extra 1 metre for pedestrians and footpath, cantilever the existing bridge to provide for pedestrians, implement a road widening program from the bridge to the new access at the Industrial Estate and provide a new footpath.

COUNCIL RESOLUTION THAT a report come back to the March Council meeting to the ability to remove the existing pedestrian access at the bridge at Thornton Station, which would give an extra 1 metre for pedestrians and footpath, cantilever the existing bridge to provide for pedestrians, implement a road widening program from the bridge to the new access at the Industrial Estate and provide a new footpath.

Moved Clr Rolls, seconded Clr Fairweather

CARRIED

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13.3 ADMINISTRATION BUILDING NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE

FILE NO: P33382

Responsible Officer: David Evans General Manager

Author: Clr Leverence

Clr Ted Leverence has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 26 February 2002, as follows: That: A report be brought before Council by the General Manager on all alterations to the Administration Building including the reason for closure of the 1st Floor Rates counter.

PROCEEDINGS IN BRIEF Clr Leverence formally moved the motion. In the absence of a seconder the motion lapsed.

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14 URGENT BUSINESS

Nil

15 QUESTIONS WITHOUT NOTICE

15.1 Clr Fairweather asked when the Rural Residential Study would be available.

The Group Manager Service Planning and Regulation stated that the aim was to get the draft report to the Co-ordinating Group by late March and the finalised report to the City Environment Committee by mid to late April.

15.2 Clr Dark asked how things were progressing at the Rutherford Tennis

Courts.

The Group Manager Service Planning and Regulation stated that a report will be available at the end of March in terms of the options available to Council.

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16 COMMITTEE OF THE WHOLE

16.1 CIVIC PRECINCT SITE MARKETING

File No: 103/4/13/1

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager, Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to provide an update to Council of the expression of intereset program resolved upon at the Ordinary Meeting of Council of 22 January 2002 and to propose an extension of that program for a period for reasons outlined in this report.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (d)(ii) commercial information of a confidential nature that would, if disclosed: confer a commercial advantage on a competitor of the council

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.2 COUNCIL LAND - BANKS STREET, EAST MAITLAND

File No: P38566

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report deals with the conclusion of negotiations for the sale of Council land in Banks Street, East Maitland.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.3 ROAD SAFETY BLACK SPOT PROGRAM - PROPERTY ACQUISITION

File No: 140/16

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report outlines progress regarding property issues associated with the Road Safety Black Spot Program in High Street, Maitland.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.4 CONSIDERATION OF TENDERS - CHELMSFORD DRIVE RECONSTRUCTION AND ROUNDABOUT CONSTRUCTION

File No: 137/897

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY A report in this meeting's agenda included a recommendation to proceed with the construction of the 2001/02 programmed Chelmsford Drive reconstruction works. To do so, a previous Council resolution regarding this project will need to be rescinded, and a new Council determination be adopted. This report is presented to this meeting so that, should the complete project proceed, works can be commenced as soon as possible. This report is submitted to Committee of the Whole as it contains confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (d)(iii) commercial information of a confidential nature that would, if disclosed: reveal a trade secret

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.5 PLANT REPLACEMENT

File No: 137/898, 137/899, 137/900, 137/901

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Steven Hodges Fleet & Depot Operations Manager

EXECUTIVE SUMMARY In accordance with the 2001/02 Plant Replacement Programme adopted by Council on 24 April, 2001, quotations were called for the replacement of fifteen (15) light commercial vehicles (File No’s.137/898, 137/899, 137/900), and three (3) amenities caravans (File No.137/901).

This matter is reported to Council in accordance with Council’s policy for plant replacement, as the actual costs exceed the estimated costs by more than ten percent (10%).

This report deals with the vehicles and caravans that exceed the estimated change over costs by more than ten percent (10%) that are due for replacement, and provides details of the reasons for the replacement, the cost, and the proposed change to the plant replacement program for 2001/02.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.6 SES PLANT REPLACEMENT

File No: 137/899

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Steven Hodges Manager Fleet & Depot Operations

EXECUTIVE SUMMARY In accordance with the S.E.S. Plant Replacement Programme adopted by Council on 26 April, 2000, quotations were called for the replacement of one (1) four wheel drive wagon.

This matter is reported to Council in accordance with Council’s policy for plant replacement, as the actual costs exceed the estimated costs by more than ten percent (10%).

This report deals with the vehicle and provides details of the reasons for the replacement and the cost.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

Moved Clr Burke, seconded Clr Humphery

CARRIED

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16.7 GENERAL MANAGER'S CONTRACT

File No: E10430

Responsible Officer: Clr Peter Blackmore Mayor

Author: Clr Peter Blackmore Mayor

EXECUTIVE SUMMARY This report deals with the terms and conditions of the contract of the General Manager.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

• (a) personnel matters concerning particular individuals Moved Clr Burke, seconded Clr Humphery

CARRIED

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COUNCIL MEETING AGENDA 26 FEBRUARY, 2002

17 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

17.1 CIVIC PRECINCT SITE MARKETING

File No: 103/4/13/1

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager, Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to provide an update to Council of the expression of interest program resolved upon at the Ordinary Meeting of Council of 22 January 2002 and to propose an extension of that program for a period for reasons outlined in this report.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The expression of interest process be extended to a date to be determined in April or May 2002;

2. Current applicants for information packages on the process be informed of the new closing date;

3. The General Manager report to Council in May 2002 on expressions of interest received and other matters relating to marketing of the civic precinct site.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.2 COUNCIL LAND - BANKS STREET, EAST MAITLAND

File No: P38566

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report deals with the conclusion of negotiations for the sale of Council land in Banks Street, East Maitland.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council agree to the sale of Lot 21, DP 1019387, Banks Street, East Maitland, to the East Maitland Bowling Club Inc, for the price and terms outlined in the report;

2. The funds from the sale be placed in the Environmental Works Reserve.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.3 ROAD SAFETY BLACK SPOT PROGRAM - PROPERTY ACQUISITION

File No: 140/16

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report outlines progress regarding property issues associated with the Road Safety Black Spot Program in High Street, Maitland.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council:

1. Exercise the Option to Purchase for the property as contained in the report;

2. Classify the subject land as "operational" under the terms of Section 31 of the Local Government Act, 1993.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.4 CONSIDERATION OF TENDERS - CHELMSFORD DRIVE RECONSTRUCTION AND ROUNDABOUT CONSTRUCTION

File No: 137/897

Attachments: (1) Confidential Council Meeting Report - 22nd January, 2002

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY A report in this meeting's agenda included a recommendation to proceed with the construction of the 2001/02 programmed Chelmsford Drive reconstruction works. To do so, a previous Council resolution regarding this project will need to be rescinded, and a new Council recommendation adopted. This report is presented to this meeting so that, should the complete project proceed, works can be commenced as soon as possible. This report is submitted to Committee of the Whole as it contains confidential commercial information.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The Council resolution for Item No. 16.1.1 Consideration of Tenders - Chelmsford Drive Reconstruction Roundabout Construction from the January, 2002 meeting be rescinded;

2. Council accept the tender of Woodbury's Civil Pty. Ltd. for the reconstruction of a section of Chelmsford Drive and the construction of a roundabout at the intersection of Chelmsford Drive and Metford Road for the sum of $826,259;

3. The Common Seal of Council be affixed to the contract documents.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.5 PLANT REPLACEMENT

File No: 137/898, 137/899, 137/900 & 137/901

Attachments: (1) Spreadsheets for Replacement Plant

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Steven Hodges Fleet & Depot Operations Manager

EXECUTIVE SUMMARY In accordance with the 2001/02 Plant Replacement Programme adopted by Council on 24 April, 2001, quotations were called for the replacement of fifteen (15) light commercial vehicles (File No’s.137/898, 137/899, 137/900), and three (3) amenities caravans (File No.137/901).

This matter is reported to Council in accordance with Council’s policy for plant replacement, as the actual costs exceed the estimated costs by more than ten percent (10%).

This report deals with the vehicles and caravans that exceed the estimated change over costs by more than ten percent (10%) that are due for replacement, and provides details of the reasons for the replacement, the cost, and the proposed change to the plant replacement program for 2001/02.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Plant No. 4505, a Holden Commodore station wagon, be replaced with a Ford AU3 Forte station wagon purchased from PPT Investments (Kloster Ford) at a change over cost to Council of $6,537, plus on road costs.

2. Plant No. 4446, a Ford Courier 2WD crew cab utility, be replaced with a Ford Courier 4WD crew cab utility purchased from Highway Motors at a change over cost to Council of $13,182, plus on road costs.

3. Plant No. 4570, a Ford Courier 4WD crew cab tipper, be replaced with a Ford Courier 4WD crew cab tipper purchased from Highway Motors at a change over cost to Council of $7,273, plus on road costs.

4. Plant No. 4468, a Ford Courier 2WD supercab tipper, be replaced with a Ford Courier 2WD supercab tipper purchased from Highway Motors at a change over cost to Council of $11,262, plus on road costs.

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COUNCIL MEETING MINUTES 26 FEBRUARY, 2002

5. Plant No. 231, an Amenities caravan, be replaced with a Traymark 8 man amenities caravan purchased from Traymark at an estimated change over cost to Council of $32,799, plus on road costs.

6. Plant No’s 245 and 246 (Amenities caravans), 4477 and 4520 (Mitsubishi Canter dual cab 1.5 Tonne trucks) be withdrawn from the 2001/02 plant replacement program and added to the 2002/03 program or as determined in the annual plant replacement program review.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.6 SES PLANT REPLACEMENT

File No: 137/ 899

Attachments: (1) 1 - Quotations

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Steven Hodges Manager Fleet & Depot Operations

EXECUTIVE SUMMARY In accordance with the S.E.S. Plant Replacement Programme adopted by Council on 26 April, 2000, quotations were called for the replacement of one (1) four wheel drive wagon.

This matter is reported to Council in accordance with Council’s policy for plant replacement, as the actual costs exceed the estimated costs by more than ten percent (10%).

This report deals with the vehicle and provides details of the reasons for the replacement and the cost.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Plant No. 4330, a Toyota Landcruiser DX wagon, be replaced with a Toyota Landcruiser STD wagon purchased from Muswellbrook Toyota at a change over cost to Council of $15,636, plus on road costs, and that funding of $5,636 be allocated for this purpose in the budget review at the end of March.

Moved Clr Garnham, seconded Clr Humphery

CARRIED

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17.7 GENERAL MANAGER'S CONTRACT

File No: E10430

Attachments: (1) General Manager's Contract

Responsible Officer: Clr Peter Blackmore Mayor

Author: Clr Peter Blackmore Mayor

EXECUTIVE SUMMARY This report deals with the terms and conditions of the contract of the General Manager.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the terms and conditions of the contract be approved by the Council

Moved Clr Galea, seconded Clr Way

CARRIED

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18 CLOSURE

The meeting was declared closed at 8:40pm. Confirmed this .................….......day of .............……….............2001. .................………............... ..........………..................... General Manager Chairperson

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