MAITLAND CITY COUNCIL MINUTES 26 MARCH 2002 · 2017-10-27 · 16.2 SERVICE PLANNING AND REGULATION ... Clr Graham Dark Clr Peter Way Clr Brian Burke Clr Jennifer Rolls Clr Steve Procter

MAITLAND CITY COUNCIL

MINUTES

26 MARCH 2002

David Evans General Manager

COUNCIL MEETING MINUTES 26 MARCH, 2002

TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 5

2 APOLOGIES ............................................................................................... 5

3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 6

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 7

5 BUSINESS ARISING FROM MINUTES...................................................... 7

6 MAYORAL MINUTES ................................................................................. 7

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 7

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

9.1 MAITLAND CITY LIBRARY.......................................................... 9

9.2 STATUS REPORT ON CONSTRUCTION WORKS................... 10

9.3 CORRESPONDENCE ANALYSIS ............................................. 11

9.4 LETTER FROM NSW DEPT COMMUNITY SERVICES ............ 12

9.5 MAITLAND ART GALLERY........................................................ 13

9.6 MONTHLY FINANCIAL REPORT - FEBRUARY 2002............... 14

9.7 COUNCIL'S HOMEPAGE STATISTICS ..................................... 15

9.8 SAFETY SEMINAR FOR TEENAGE DRIVERS......................... 16

10 OFFICERS REPORTS .............................................................................. 17

10.1 GENERAL MANAGER............................................................... 17

10.1.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY .................... 17

10.1.2 AUCTION OF COUNCIL SURPLUS LAND................................ 18

10.1.3 IN PRINCIPLE SUPPORT FOR COUNCIL COMMITTEE STATUS FOR THE MORPETH JAZZ FESTIVAL COMMITTEE.............................................................................. 19

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10.2 FINANCE AND ADMINISTRATION........................................... 20

10.2.1 ELECTRICITY - STREET LIGHTING ......................................... 20

10.2.2 PUBLIC LIABILITY ..................................................................... 21

10.2.3 SPONSORSHIP - MAITLAND PRIVATE HOSPITAL BALL ....... 22

10.2.4 TELEPHONE LISTING............................................................... 23

10.2.5 STATEMENT OF INVESTMENTS HELD AS AT 28 FEBRUARY 2002 ....................................................................... 24

10.2.6 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND EXPO 12-15 MAY 2002............. 25

10.3 SERVICE PLANNING AND REGULATION............................... 26

10.3.1 ENERGY SMART HOMES......................................................... 26

10.3.2 020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL ......... 28

10.3.3 RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS ................................................................... 34

10.3.4 CANCER COUNCIL - RELAY FOR LIFE PROGRAM................ 36

10.3.5 SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002 ........................................................................................... 37

10.3.6 ALCOHOL FREE ZONE - METFORD RECREATION RESERVE .................................................................................. 38

10.3.7 IMPLEMENTATION OF THE MAITLAND GREENING PLAN .... 39

10.3.8 ENVIRONMENTAL LEVY........................................................... 41

10.3.9 FLOOD CONFERENCE 2002 .................................................... 44

10.3.10 JOINT GRAFFITI ART PROJECT .............................................. 45

10.3.11 MAITLAND ACCESS ADVISORY PANEL CONSTITUTION REVIEW ..................................................................................... 46

10.3.12 FOOD BUSINESS NOTIFICATION............................................ 47

10.3.13 KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM................................................................................. 48

10.3.14 CLEAN UP AUSTRALIA DAY 2002 ........................................... 49

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10.3.15 PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE........................................... 50

10.3.16 UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA FOR THE STEAMFEST COMMITTEE - NEW ENGLAND HWY, MAITLAND ................................................................................. 51

10.3.17 F3 EXTENSION FROM SEAHAMPTON TO BRANXTON ......... 52

10.3.18 SCHOOLS ENVIRONMENT PROGRAM REVIEW .................... 54

10.3.19 "MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES................................................................................ 55

10.3.20 "STEAMFEST 2002" TEMPORARY ROAD CLOSURES........... 56

10.3.21 CYBERCAR DRIVING SIMULATOR.......................................... 58

10.3.22 TELARAH BOWLING CLUB CARPARK .................................... 59

10.3.23 CAMPBELLS BRIDGE REPLACEMENT - ALTERATION TO 2001/02 BRIDGE CONSTRUCTION ROLLING WORKS PROGRAMME............................................................................ 60

10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL ........................... 61

10.3.25 REQUEST FOR COUNCIL CONTRIBUTION TO ROADWORKS - MAITLAND TOYOTA DEVELOPMENT CONSENT 960709 ..................................................................... 62

10.4 CITY WORKS AND SERVICES................................................. 63

10.4.1 REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY ........................................................................... 63

10.4.2 PURCHASE OF A SECOND HAND GARBAGE COLLECTION VEHICLE (PLANT NO. 4110) ............................. 64

11 REFERRED COMMITTEE REPORTS ...................................................... 65

12 NOTICE OF MOTION/RESCISSION......................................................... 66

12.1 NOXIOUS WEEDS ACT NOTICE OF MOTION SUBMITTED BY COUNCILLOR CLR ARCH HUMPHERY.............................. 66

12.2 MORPETH SKATEBOARD FACILITY NOTICE OF RESCISSION – SUBMITTED BY CLR STEVE PROCTER, CLR BOB GEOGHEGAN AND CLR TED LEVERENCE............ 68

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13 QUESTIONS WITHOUT NOTICE ............................................................. 70

COUNCIL MEETING MINUTES 26 MARCH, 2002 14 URGENT BUSINESS ................................................................................ 70

15 COMMITTEE OF THE WHOLE ITEMS..................................................... 71

15.1 GENERAL MANAGER............................................................... 71

15.1.1 COUNCIL LAND - RUTHERFORD............................................. 71

15.1.2 SALE OF SURPLUS LANDS...................................................... 72

15.1.3 RUTHERFORD SHOPPING CENTRE....................................... 73

15.2 SERVICE PLANNING & REGULATION.................................... 74

15.2.1 METFORD ROAD RAILWAY LEVEL CROSSING ..................... 74

15.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS ....................................................... 75

15.2.3 CENTRAL MAITLAND IMPROVEMENT PROGRAM/RIVERBANK PROJECT.......................................... 76

16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 77

REFERRED FROM SERVICE PLANNING & REGULATION 10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL ..................... 77

16.1 GENERAL MANAGER............................................................... 78

16.1.1 COUNCIL LAND - RUTHERFORD............................................. 78

16.1.2 SALE OF SURPLUS LANDS...................................................... 79

16.1.3 RUTHERFORD SHOPPING CENTRE....................................... 80

16.2 SERVICE PLANNING AND REGULATION............................... 81

16.2.1 METFORD ROAD RAILWAY LEVEL CROSSING ..................... 81

16.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS ....................................................... 82

16.2.3 CENTRAL MAITLAND IMPROVEMENT PROGRAM/RIVERBANK PROJECT.......................................... 83

17 CLOSURE................................................................................................. 83

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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

1 INVOCATION

Rev Keith McLaughlin read the customary prayer at the commencement of the meeting.

2 APOLOGIES

COUNCIL RESOLUTION THAT the apology received for the unavoidable absence of Councillor Keating be tabled and leave of absence granted. Moved Clr Way Seconded Clr Leverence

CARRIED SUSPENSION OF STANDING ORDERS COUNCIL RESOLUTION THAT Standing Orders be suspended to allow discussion on the role of Mayor. Moved Clr Garnham, seconded Clr Burke

CARRIED The Mayor left the Chamber at 5.34 pm for the discussion of this matter. Deputy Mayor, Steve Procter chaired the meeting.

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A motion was moved THAT

1. Maitland City Council acknowledge the decision of the Mayor Clr Peter Blackmore to continue in office as Mayor of Maitland pending determination of the charges made against him.

2. The Deputy Mayor and Councillors deputise for the Mayor as and when

required during this time. Moved Clr Garnham, seconded Clr Burke

COUNCIL RESOLUTION

THAT

1. Maitland City Council acknowledge the decision of the Mayor Clr Peter Blackmore to continue in office as Mayor of Maitland pending determination of the charges made against him.

2. The Deputy Mayor and Councillors deputise for the Mayor as and when

required during this time.

Moved Clr Garnham, seconded Clr Burke. CARRIED

RESUMPTION OF STANDING ORDERS THAT Council resume Standing Orders to deal with the remainder of the agenda. Moved Clr Dark, seconded Clr Garnham

CARRIED The Mayor re-entered the chamber at 5.37pm and took the chair for the remainder of the meeting.

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Burke declared a non-pecuniary interest in Item 10.2.3 Sponsorship of Maitland Private Hospital Ball.

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4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT The minutes of the Ordinary Meeting of Council held 26 February 2002 be confirmed. Moved Clr Way, seconded Clr Geoghegan

CARRIED

5 BUSINESS ARISING FROM MINUTES

NIL

6 MAYORAL MINUTES

NIL

7 PUBLIC ACCESS

Bob Gulliver spoke against Item 10.1.2 - Auction of Council Surplus Land. Jan Davis spoke against Item 10.3.8 - Environmental Levy Anna Ranke spoke for and against 10.3.7 - Maitland Greening Plan & 10.3.8 Environmental Levy. Bob Gulliver against 10.3.11 - Advisory Panel Constitution Review

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 MORPETH JAZZ FESTIVAL

Refer to Item 10.1.3

8.2 RUTHERFORD SHOPPING CENTRE Refer to Item 15.1.3

8.3 CENTRAL MAITLAND IMPROVEMENT PROGRAM/RIVERBANK PROJECT

Refer to Item 15.2.3

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COUNCIL RESOLUTION THAT the late items 10.1.3, 15.1.3 and 15.2.3 be accepted and dealt with in order of the Agenda. Moved Clr Garnham, Seconded Clr Burke

CARRIED

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9 ITEMS FOR INFORMATION

9.1 MAITLAND CITY LIBRARY

File No: 35/61

Responsible Officer: Jean McBride Acting Manager Cultural & Community 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 Way, seconded Clr Rolls.

CARRIED

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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.


CARRIED

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9.3 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Records Officer

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.



CARRIED

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COUNCIL MEETING AGENDA 26 MARCH, 2002

9.4 LETTER FROM NSW DEPT COMMUNITY SERVICES

File No: 130/76

Attachments: (1) Letter from DOCs Hunter area thanking Council for its donation to the Christmas 2001 Bushfire Appeal.

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY Correspondence has been received in regard to the Christmas 2001 Bushfire Appeal from the Department of Community Services Hunter Area.



CARRIED

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9.5 MAITLAND ART GALLERY

File No: 35/61

Responsible Officer: Jean McBride Acting 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 tool it is a performance reporting mechanism to the general community.



CARRIED

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9.6 MONTHLY FINANCIAL REPORT - FEBRUARY 2002

File No: 35/53

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


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.



CARRIED

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9.7 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15


Author: Jon Dundas Manager Administration & Information Technology

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.



CARRIED

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9.8 SAFETY SEMINAR FOR TEENAGE DRIVERS

File No: 140/16

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

Author: Chris James Infrastructure Planning Engineer

EXECUTIVE SUMMARY The purpose of this report is to advise Council of a proposed Road Safety Seminar to be held in Maitland as part of Councils Road Safety Programme. The objective of the seminar is to promote safe and responsible road user behaviour and is aimed specifically at our community’s young drivers in the 17 to 25 age group.



CARRIED

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10 OFFICERS REPORTS

10.1 GENERAL MANAGER

10.1.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY

File No: 130/50

Attachments: (1) Equal Employment Opportunity Policy (EEO) April 2002

Responsible Officer: Tony Houlcroft Executive Manager Human Resources

Author: Tony Houlcroft Executive Manager Human Resources

EXECUTIVE SUMMARY This report presents a revised Equal Employment Opportunity (EEO) Policy.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. The Equal Employment Opportunity Policy adopted on 24 October 2000 be rescinded.

2. The Equal Employment Opportunity Policy submitted with this report be adopted.

Moved Clr Garnham, seconded Clr Leverence .

CARRIED

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10.1.2 AUCTION OF COUNCIL SURPLUS LAND

File No: 103/8


Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report provides details of the forthcoming auction of certain Council land and seeks authority for affixing the Common Seal of Council to the Sale Transfer documents.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Note the date/time of the auction;

2. Grant authority to affix the Common Seal of Council to the Transfer document in respect of the properties to be auctioned.

Moved Clr Garnham, seconded Clr Leverence .

CARRIED

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10.1.3 IN PRINCIPLE SUPPORT FOR COUNCIL COMMITTEE STATUS FOR THE MORPETH JAZZ FESTIVAL COMMITTEE

File No: 35/21


Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to seek Council’s in principle endorsement of the granting of Council Committee status to the Morpeth Jazz Festival Co-ordinating Committee and to outline a timeframe for the finalisation of the Committee’s constitution and membership.


1. Council endorse in principle the granting of Council Committee status to the Morpeth Jazz Festival Co-ordinating Committee

2. Council note the draft objectives, delegated powers and membership parameters outlined within this report

3. The Executive Manager Economic Development and Marketing be authorised to advertise within the local media for expressions of interest in nomination to the committee

4. A report be presented to Council in April 2002 seeking formal granting of Council Committee status and selection of committee members.

Moved Clr Garnham , seconded Clr Galea .

CARRIED

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10.2 FINANCE AND ADMINISTRATION

10.2.1 ELECTRICITY - STREET LIGHTING

File No: 48/2


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The two tenders for supply of street lighting to NSW Councils have now submitted their pricing options. The MAPS Group is a longer term contract but the pricing difference and the ability to stay with Council's current supplier, shows that Energy Australia should be given the electricity contract for Street Lighting.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Energy Australia be given the contract for the supply of electricity for Street Lighting.

Moved Clr Way, seconded Clr Garnham.

CARRIED

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10.2.2 PUBLIC LIABILITY

File No: 81/5



EXECUTIVE SUMMARY This report is to inform Council of the latest developments regarding Public Liability. The impact is being felt right across the community but is having a large impact on community groups who are unable to secure public liability insurance for their event or function. STATEWIDE, the brokers for Local Government are currently in London to try and secure coverage for these groups. In addition the State Government has called an Insurance Summit to discuss the issues facing organisations within the State.


Moved Clr Way, seconded Clr Procter.

CARRIED

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10.2.3 SPONSORSHIP - MAITLAND PRIVATE HOSPITAL BALL

File No: P33382



EXECUTIVE SUMMARY A request has been received from Maitland Private Hospital for sponsorship of its Inaugural Ball on 6 July 2002 equal to the fees for use of the Maitland Town Hall.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Maitland Private Hospital be advised of the advertising of applications under Section 356 in April of this year.

Moved Clr Galea, seconded Clr Garnham.

CARRIED Note: Clr Burke left the chamber during the discussion of this Item.

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10.2.4 TELEPHONE LISTING

File No: 136/3

Attachments: (1) Listing for White Pages



EXECUTIVE SUMMARY The listing in the ‘White Pages’ Telephone Book is being revised by Telstra. Under the heading of Maitland City Council there is an opportunity to list each of the Councillors and their mobile telephone number.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT all Councillors' mobile phone numbers be listed in the ‘White Pages’ of the Telephone Book as per Attachment A.

Moved Clr Leverence , seconded Clr Rolls.

CARRIED

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10.2.5 STATEMENT OF INVESTMENTS HELD AS AT 28 FEBRUARY 2002

File No: 82/2


Author: Jon Dundas Manager Administration & Information Technology

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


Moved Clr Way, seconded Clr Humphery.

CARRIED

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10.2.6 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND EXPO 12-15 MAY 2002

File No: 35/8



EXECUTIVE SUMMARY This report deals with the Local Government Managers Australia (LGMA) National Congress and Expo to be held 12-15 May 2002 in Sydney.


1. The Mayor attend the 2002 Local Government Managers Australia (LGMA) National Congress and Expo to be held 12-15 May in Sydney.

2. Council note the attendance of the General Manager at the Congress.

Moved Clr Geoghegan, seconded Clr Burke.

CARRIED

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10.3 SERVICE PLANNING AND REGULATION

10.3.1 ENERGY SMART HOMES

FILE NO: 103/95

RESPONSIBLE OFFICER: ALISON MCGAFFIN DEVELOPMENT SERVICES MANAGER

Attachments: (1) DCP Submission

Author: Eddie Love Senior Health & Building Surveyor

EXECUTIVE SUMMARY On 11th September 2001, Council resolved to place a draft Amendment to the Development Control Plan for Energy Smart Homes on public exhibition. The amendment included:

• Remove Part 1 – Subdivisions. The provisions contained in this section will be included in Council’s draft DCP - Subdivision.

• Introduce additional requirements for hot water systems to be at least 3.5 stars and thus comply with minimum standards for greenhouse emissions.

• Simplify Part 2 – Additions. Remove the requirement for the submission of a scorecard and requiring all additions to comply with basic deemed-to-satisfy provisions.

• Amend the scorecard to be more user friendly and stand-alone. • Re-format the policy into a single document. • Minor changes to wording concurring with the changes made to the SEDA

Model Policy. The purpose of this report is to consider matters arising from the public exhibition and to seek a resolution from the Council in relation to approval of the draft Development Control Plan.


1. Pursuant to Clause 21(1) of the Regulation, Council resolve to approve the Amended Development Control Plan No.31 – Energy Smart Homes as exhibited subject to the minor amendments outlined in this Report;

2. Council resolve to adopt the amended Development Control Plan to be effective on 5th April 2002; and

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ENERGY SMART HOMES (Cont)

3. Council give public notice of the adoption of Development Control Plan No.31 in the newspaper in accordance with Clause 21(2) of the Regulation.

Moved Clr Geoghegan , seconded Clr Garnham.

CARRIED

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10.3.2 020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL

File No: DA020372 Attachments: (2) Description and Location of Proposed

Structures Public Submissions

Responsible Officer: Alison McGaffin

Manager Development Services Author: Monica Gibson Development Assessment Planner Applicant: Maitland City Council Proposal: Erection of Central Canopy Location: High Street Maitland Zone: 3(a) General Business

EXECUTIVE SUMMARY Development consent is sought from Council for the erection of a Central Canopy structure over part of the Heritage Mall, High Street Maitland. The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan, 1993. The proposal involves the demolition of the existing bandstand and replacement with four (4) canopy structures that will provide natural light, sun protection and wet weather protection in part of the Heritage Mall. The canopies are free standing and will be of sufficient height to permit access by emergency vehicles. A central pole for each canopy will collect and direct stormwater to the street system. An inverted umbrella design was chosen for the canopy structures, which does not strictly follow heritage guidelines, however this design was proposed to update the image of the mall. There are no items of heritage significance identified in the Maitland Local Environmental Plan 1993 adjacent to the canopy structures. The central canopy is designed to enhance public amenity, have a simple sculptural focus and maximise public safety.

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OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT: 020372 for the Erection of a Central Canopy Structure over part of the Maitland Heritage Mall on High Street Maitland be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Leverence , seconded Clr Humphery.

CARRIED

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020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont)

SCHEDULE OF CONDITIONS COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval.

1 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.

GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

2 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

3 A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the structure.

4 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.

5 All demolition works are to be carried out in accordance with Australian Standard AS 2601-1991.

6 The requirements of the Hunter Water Corporation with regard to construction works over or adjacent to a sewer main are to be adhered to.

7 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

HEALTH & AMENITY Reason: The objectives of the following conditions are to ensure that a building is so designed and

constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided.

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8 Roof waters from the canopy structures are to be disposed to the street gutters or approved stormwater systems/catchments, as applicable. Alternative disposal of roof waters may be permissible only in accordance with Council Policy.

SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy

environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.

9 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

10 Barricades and lights are to enclose the whole of the vehicular crossing work areas, and are to be maintained for the duration of the work. Adjacent footpath areas are to be kept clear of debris, etc at all times and be in a safe condition for pedestrian access.

11 Separate formal application should be made to Council regarding any proposals for:

i) Erection of footpath hoarding and/ or scaffolding;

ii) Partial footpath closure;

iii) Any building construction or work associated activity, which in any way will affect pedestrian or vehicular traffic movement, safety or parking. In this regard applications for such approvals are to be submitted four (4) weeks in advance.

12 The central support pole at the northern end of Bulwer Street is to be located such that it does not interfere with the swept path of a large rigid truck, when exiting the Mall via Bulwer Street.

13 The support pole for the most easterly sail occupies the same location as an existing light pole. The light pole is to be relocated clear of the support pole.

14 The section of the Mall affected by the removal of the bandstand is to be reinstated by the installation of pavers to manufacturers specification. The pavers are to match the colour, style and pattern of the adjacent Mall pavers.

15 A sign must be erected in a prominent position on the work:

(i) stating that unauthorised entry to work site is prohibited, and

(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed.

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16 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

17 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.

18 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

19 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

20 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

21 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, the location of the proposed vehicular driveway access is to be identified and the concrete paving removed over the width of the access. Access to the site by construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council's satisfaction.

LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made

for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.

22 The removal of the street trees, required to permit access to the development shall be subject to a separate application to Council at the time removal is required.

23 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless:

i) The removal is essential in order for the development under this consent to proceed; and

ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.

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DESIGN Reason: The following condition(s) have been applied to ensure that:

i) Buildings are constructed in a manner which has regard for the constraints affecting the subject land.

ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures.

24 Details of materials and colour selections are to be prepared in conjunction with the Construction Certificate.

STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

25 A traffic control plan is to be submitted to and approved by Council prior to the commencement of construction. Construction within the existing road reserve must not take place without the approved traffic control plans being adhered to.

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10.3.3 RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS

File No: RZ 01006

Attachments: (3) Exhibited Draft LEP Amendment Authority Submissions Public Submissions Revised Draft LEP Amendment

Responsible Officer: Alison McGaffin

Manager Development Services

Author: Monica Gibson Development Assessment Officer

EXECUTIVE SUMMARY On 14 August 2001, Council resolved to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 to introduce definitions for “restricted premises” and “brothels” and allow these forms of developments only in industrial zones. 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 8th November 2001 to 5th December 2001. 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 WorkCover NSW, NSW Police Service, several neighbouring local Councils and twelve (12) local residents and community groups. All the submissions received from the local residents raised objections to the proposed amendment, however no objections were received from the government authorities and local councils. This report considers the submissions that were received in response to the exhibition, justifies some minor changes proposed to the exhibited local environmental plan to clarify terms used and recommends that the draft local environmental plan be referred to the Minister for Planning with a request to the Minister to make the plan.

Page 34



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 Geoghegan, seconded Clr Burke.

CARRIED

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10.3.4 CANCER COUNCIL - RELAY FOR LIFE PROGRAM

File No: P37409, P37410, P37411, P37412

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

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY The Cancer Council have approached Council with regard to Maitland hosting the next Relay for Life event. These events are designed to raise money for cancer research whilst participating in a 24 hour walk-a-thon. Maitland Sports Ground has been identified as a preferred location for the event. Council has been requested to support the program and offer assistance with administration and ground preparation. The cost is anticipated being $1,800. This program was previously hosted at Dungog, Central Coast and Newcastle.


1. Council give support to the program.

2. The associated costs be met from the current Management Plan and Budget.

Moved Clr Procter, seconded Clr Rolls.

CARRIED

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10.3.5 SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002

File No: 122/944

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

Author: David Bortfeld Manager - Recreation Planning

EXECUTIVE SUMMARY This report deals with the proposed “Fun Now 2002” programme scheduled for April 6 at Smyth Field, Maitland. Council has been approached by the Maitland Ministers Association to support and assist with the development of the Fun Now program. The event is free to all those wishing to attend with an anticipated crowd of 10,000 people. A similar program was undertaken last year with an estimated 4,000 people participating. The program of activities include, carnival rides, competitions and free entertainment. Councils involvement in this program would include event guidance, support, safety equipment and ground preparation. Funding for this support ($1,000 for labour, maintenance and materials) can be met form the existing budget allocation.


1. Council support the “Fun Now 2002” event.

2. The associated costs be met from the current Management Plan and Budget.

Moved Clr Rolls, seconded Clr Dark.

CARRIED

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10.3.6 ALCOHOL FREE ZONE - METFORD RECREATION RESERVE

File No: P34458

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: David Bortfeld Manager Recreation Planning

EXECUTIVE SUMMARY This report deals with the proposed alcohol free zone and curfew over the use of the skateboard facility at Metford Reserve. Councillor Keating presented a Notice of Motion regarding the identification and dedication of the skateboard park and surrounding areas of Metford Reserve as an alcohol free zone and requested a curfew be placed preventing use between 8pm and 6am. The proposed dedication of this area as an alcohol free zone was advertised and expressions of interest requested. At the close of this exhibition period no submissions were received. With regard to the placement of a curfew over use of the facility between 8pm and 6am Maitland Police have been approached regarding the regular surveillance and enforcement of these restrictions. Maitland Police identified that they could not offer additional services for this request nor has it been recognised as a high priority. The use of Council’s Ordinance Officers for this responsibility would require an extension of hours and penalty rates. It is recommended that council proceed with the installation of the appropriate signage regarding the alcohol free zone and reconsiders the placement of a curfew over the skateboard facility as vandalism has decreased at this location over the last six months.


1. Council proceed with the installation of signage identifying Metford Skate Park and the surrounding reserve an alcohol free zone.

2. Council not place a curfew over the use of the skateboard facility.


CARRIED

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10.3.7 IMPLEMENTATION OF THE MAITLAND GREENING PLAN

File No: 103/76

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY Council adopted the Maitland Greening Plan on 26 February 2002, following extensive consultation with the Maitland community. The Greening Plan addresses a range of environmental issues throughout the Maitland LGA, through the protection and enhancement of native vegetation. Part of Council’s resolution on 26 February 2002 was that:

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

The implementation of an environmental levy (special rate) is the subject of a separate report to this meeting. This report is concerned with other elements of the implementation of the Plan, particularly the review of Council policy in relation to vegetation management. In accordance with the report to Council on 26 February 2002, it is intended that Council undertake this review of policy and that these amendments be placed on public exhibition. This is expected to take place following the preparation of more detailed mapping of vegetation communities, which will enable Council to put individual proposals into a local as well as a regional perspective. In addition to the mapping, it is recommended that a detailed report be submitted to Council regarding the formation of a Greening Plan Reference Group. At this time, it is envisaged that the Reference Group would comprise a cross-section of interests throughout the community to provide transparency and accountability in the implementation of the proposed levy and a means of consultation and input from the community. It is proposed that more detail on the make-up and role of the proposed Group be provided in a separate report to Council following a decision by Council and the Minister for Local Government in relation to the proposed environmental levy. In addition, it is recommended that a review of Council’s vegetation management policy be listed as a project for completion in the 2002/3 Management Plan, including consultation with the community.

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IMPLEMENTATION OF THE MAITLAND GREENING PLAN (Cont.)


1. Council proceed with the development of more detailed mapping of Maitland’s vegetation communities.

2. A separate report be submitted to Council regarding the make-up and charter of a Greening Plan Reference Group, following a decision by Council in relation to the environmental levy, as detailed in this report.

3. A review of Council’s vegetation management policy be listed as a project for completion in the 2002/3 Management Plan.

Moved Clr Garnham, seconded Clr Humphery .

CARRIED

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10.3.8 ENVIRONMENTAL LEVY

File No: 55/15

Attachments: (1) Funding Options


Author: Peter Cameron Manager City Strategy

Jon Dundas Manager Administration and Information Technology

EXECUTIVE SUMMARY The Maitland Greening Plan was adopted by Council on 26 February 2002, following extensive consultation with the Maitland community. The Greening Plan aims to address a range of environmental issues throughout the Maitland LGA, through the protection and enhancement of native vegetation. The Greening Plan also addresses the financing of environmental initiatives, concluding that substantial funding will be required and that Council should pursue a range of funding options, including the implementation of a special rate (environmental levy). Council therefore resolved on 26 February 2002 that:

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

The purpose of this report is to provide more detail and further evaluate the proposal for an environmental levy, particularly in terms of the type of works which can be undertaken with the benefit of a levy and the implications to Council and the community. The Greening Plan includes a list of possible projects for implementation under an environmental levy. This list has been considered in the preparation of the levy proposal, which is included as Attachment 1 to this report. The levy proposal includes a number of alternative funding options that Council can consider and seeks to clarify which actions are most likely to achieve the necessary on-the-ground outcomes arising from the Greening Plan. These options follow on directly from the Greening Plan and have been developed by a project working group within Council in consultation with other government agencies prior to detailed consultation with the community.

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FLOOD CONFERENCE 2002 (Cont.)

In conclusion, the proposed environmental levy would increase the capacity of Council and the community to deliver better environmental outcomes, as detailed in the Maitland Greening Plan. The levy will provide opportunities for matching funding from the state government, increasing the capacity of Council, landowners and community groups to better manage the local environment. It is therefore recommended that the proposal for a levy in this report be placed on public exhibition as part of Council’s 2002/3 Management Plan and that an independent survey of community opinion in relation to the levy also be undertaken.

OFFICER'S RECOMMENDATION THAT:

1. Formal consultation be undertaken with the community in relation to the proposal for a special rate (environmental levy).

2. The public consultation include an independent survey to gauge public opinion on the proposed levy, as described in this report.

3. A further report be submitted to Council following consultation with the community, providing details of the outcomes of the consultation process and any amendments to the proposed levy, which may be necessary.

PROCEEDINGS IN BRIEF

A Motion was moved THAT:




4. Council undertake an extensive community advertising campaign in the print media and Maitland Matters to highlight areas of environmental concern raised from the Greening Plan.

Moved Clr Garnham , seconded Clr Humphery

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FLOOD CONFERENCE 2002 (Cont.)

An amendment was moved THAT:

1. Formal consultation be undertaken with the community in relation to the proposal for a special rate (environmental levy) through a survey held with the July 2002 rates notice and an information flyer on the levy also be included.



Moved Clr Fairweather, seconded Clr Leverence

The amendment when put to the meeting was declared lost. The motion was then put to the meeting and declared carried.

COUNCIL RESOLUTION THAT:




4. Council undertake an extensive community advertising campaign in the print media and Maitland Matters to highlight areas of environmental concern raised from the Greening Plan.

Moved Clr Garnham , seconded Clr Humphery

CARRIED Note: Clr Fairweather wished his vote to be recorded against this decision.

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10.3.9 FLOOD CONFERENCE 2002

File No: 103/64


Author: Leanne Harris Environmental Strategist

EXECUTIVE SUMMARY This year, the annual Floodplain Management Authority Conference will be hosted by Kempsey Shire Council from 30th April to 3rd May 2002. This report recommends that Council determine if one (1) Councillor should be nominated to attend the conference on behalf of Maitland City Council.

OFFICER'S RECOMMENDATION THAT

Council resolve to nominate (1) Councillor to attend the annual Floodplain Management Conference over the 30th April to 3rd May 2002 in Kempsey

COUNCIL RESOLUTION THAT

Councillor Arch Humphery attend the annual Floodplain Management Conference - 30th April to 3rd May 2002 in Kempsey as Council’s representative.

Moved Clr Burke, seconded Clr Garnham CARRIED

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10.3.10 JOINT GRAFFITI ART PROJECT

File No: 29/31

Responsible Officer: Jean McBride Acting Manager, Cultural & Community Services

Author: Frances Holz Community Safety Officer

EXECUTIVE SUMMARY Council has been successful in its application to the NSW Attorney General’s Department (Crime Prevention Division) for a$14,953 grant under the Beat Graffiti Scheme to implement a youth art project in the Woodberry-Beresfield area. The ‘One Community Youth Art Project’ is a joint initiative between Maitland City Council and Newcastle City Council, with the two councils working together to plan and deliver the project for the benefit of their adjoining communities. The One Community Youth Art Project has been in part modelled on the successful ‘Aerosol Art 2001 – a youth odyssey’ project, stage 1 of which was run at Maitland Skate Park in October. An aerosol art program planned for the Fred Harvey Sports Complex at Woodberry, and adopted by Maitland City Council in January, can be incorporated into the broader One Community project. Although this is a partnership project with Newcastle City Council, the grant application was submitted by Maitland City Council and it is therefore necessary for this Council to accept the Beat Graffiti Scheme funds.


1. That Maitland City Council accept the $14,953 One Community Youth Art Project grant from the NSW Attorney General’s Department, in accordance with the department’s standard conditions.


CARRIED

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10.3.11 MAITLAND ACCESS ADVISORY PANEL CONSTITUTION REVIEW

File No: 29/19

Attachments: (3) Constitution - Updated 15/10/99 Constitution - Reviewed 05/02/02 Constitution - Code of Conduct Policy Statement

Responsible Officer: Jean McBride Acting Manager Cultural and Community Services

Author: Mary Dallow Disability Project Officer

EXECUTIVE SUMMARY This report presents Council with the updated version of the Maitland Access Advisory Panel Constitution and attachments.


1. The revised Maitland Access Advisory Panel (MAAP) Constitution be adopted by Council.


CARRIED

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10.3.12 FOOD BUSINESS NOTIFICATION

File No: 150/2

Responsible Officer: David Simm Manager Environmental Programs

Author: Juliet Kauter Environmental Health Officer

EXECUTIVE SUMMARY This report provides information on the requirements for food businesses under Standard 3.2.2 of the Food Regulation 2001, to notify certain details to the appropriate enforcement agency. The appropriate enforcement agency in this instance is NSW councils or NSW Health. The notification database will provide councils and other government bodies with contact details and other specific food business details, which will assist authorities, investigate food poisoning outbreaks, and trace product recalls. NSW Health has developed a State Internet database for food business notification data. NSW councils are required to make a decision as to whether they will or will not take part in entering data on the State Internet database.


1. Council respond to the Director General of NSW Health, advising that for businesses who choose to notify via Council, that Council will accept and enter food business notification data on the Internet database;

2. Council advertise the fees and charges associated with notification, in accordance with Section 612 of the Local Government Act, 1993 for a period of 28 days; and

3. Council seek available funding from the Local Government and Shires Association to support this new function.

Moved Clr Galea, seconded Clr Way.

CARRIED

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10.3.13 KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM

File No: 83/3


Author: Juliet Kauter Environmental Health Officer

EXECUTIVE SUMMARY Keep Australia Beautiful (KAB) has approached Council with an invitation to take part in a relatively new program titled ‘Action Stations’. Action Stations is a community initiative that provides local communities, businesses and councils with the opportunity to work together to improve City Rail stations and enhance the local environment. KAB has identified Maitland Station as an appropriate station to take part in the Action Stations Program.


1. Council take part in KAB’s Action Stations Program.

2. Council seek involvement from community groups such as Steamfest and local schools’ to assist with clean up, maintenance and planting days.

3. Council work within the confines of KAB’s budget and aim for undertaking stage one works prior to the end of the 2001/ 2002 financial period.

Moved Clr Rolls, seconded Clr Dark. CARRIED

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10.3.14 CLEAN UP AUSTRALIA DAY 2002

File No: 61/6


Author: Tim Crosdale Trainee Environmental Health and Building Surveyor

EXECUTIVE SUMMARY Maitland City Council co-ordinated a successful Clean up Australia Day campaign in Maitland on Sunday, 3 march 2002. Council has been involved with the program since 1990. A total of twenty six (26) sites were registered with approximately 2000 volunteers participating in the clean up. Local Schools, Service Groups and businesses supervised the sites. In addition to this, Council staff and local businesses participated in a Hunter riverbank clean up to launch Maitland’s clean up campaign on 11 February 2002. The clean up coincided with a visit from the founder of Clean up Australia Day, Ian Keirnan AO. Over 6 tonnes of rubbish was collected from the clean up sites in Maitland. A large proportion of the waste, by volume, was made up of drink containers, food wrappers, cigarette butts and green waste.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council continue to co-ordinate and support the Clean up Australia Day program in Maitland and Council congratulates all sponsors and participants for their efforts in cleaning up the Maitland Local Government Area.


CARRIED

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10.3.15 PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE

File No: 222/495

Attachments: (1) Petition Locality Plan


Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY Council has received a petition bearing 27 signatures from residents of Rutherford Park Estate, Rutherford wishing to express their concerns regarding the use of motorbikes and other vehicles on privately and Council owned land off Regiment Road, Rutherford. The residents also raised concern about other issues of a social nature. Council officers undertook an inspection of the area on 20 February. The inspection occurred to inspect the extent of the problem in the area and determine what (if any) action Council was able to take to improve the area.


1. The petition regarding the use of motorbikes and other vehicles using land off Regiment Road, Rutherford be noted for Council’s information;

2. Council act within its jurisdictional powers under the Protection of the Environment Operations Act, 1997, in respect to relevant matters contained within the petition;

3. Council arrange for a joint meeting with the local Police and the landowner to discuss long-term solutions to the issues raised in the petition.

Moved Clr Fairweather, seconded Clr Way.

CARRIED

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10.3.16 UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA FOR THE STEAMFEST COMMITTEE - NEW ENGLAND HWY, MAITLAND

File No: 103/64


Author: David Simm Manager Environmental Programs

EXECUTIVE SUMMARY This report provides an update of preliminary findings into the feasibility of establishing, constructing and maintaining a rally site for Hunter Valley Steamfest and its strategic partners on land owned by Council between Maitland Railway Station and Trezinski Bridge. This investigation has been undertaken as a result of a decision of Council at its meeting of the 23.10.01 following consideration of a notice of motion submitted by Councillor Garnham.


1. Council give in principle support to the investigation of access.

2. Council note funding to progress the establishment of this site is listed for consideration in the draft 2002/03 Management Plan.


CARRIED

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10.3.17 F3 EXTENSION FROM SEAHAMPTON TO BRANXTON

File No: 122/SH9/18


Author: Warwick Randall Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY The purpose of this report is to present the current status of the proposed highway link from the F3 Freeway at Seahampton to Branxton.

OFFICER'S RECOMMENDATION THAT:

1. Council note the information in the report, and

2. Council seek the support of the Member for Paterson, the Honourable Bob Baldwin for allocation of funding to:

a) As the first priority, complete designs and construction of the Weakleys Drive Interchange, and

b) As the second priority, complete preconstruction activities for, and construction of the proposed highway link from the F3 Freeway at Seahampton to Branxton in the next Federal Government budget.

PROCEEDINGS IN BRIEF

A motion was moved

THAT:





Page 52


F3 EXTENSION FROM SEAHAMPTON TO BRANXTON (Cont.)

3. Council seek the support of the Member for Maitland, John Price, MP for the allocation of funding for construction of the Thornton Road, Anderson Drive interchange.

4. Council seek the support of Member for Hunter, Hon Joel Fitzgibbon for allocation of funding to the complete pre-construction activities for, and construction of the proposed highway link from the F3 Freeway at Seahampton to Branxton in the next Federal Government Budget.

Clr Geoghegan, seconded Clr Procter.

COUNCIL RESOLUTION THAT:





3. Council seek the support of the Member for Maitland, John Price, MP for the allocation of funding for construction of the Thornton Road, Anderson Drive interchange.

4. Council seek the support of Member for Hunter, Hon Joel Fitzgibbon for allocation of funding to the complete pre-construction activities for, and construction of the proposed highway link from the F3 Freeway at Seahampton to Branxton in the next Federal Government Budget.

Clr Geoghegan, seconded Clr Procter

CARRIED

Page 53


10.3.18 SCHOOLS ENVIRONMENT PROGRAM REVIEW

File No: 55/5


Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY The Schools Environment Program has been in operation for a number of years. The program has largely focussed on annual awards to schools for their achievements in promoting environmental education and action. A review of the program was commissioned late last year. The report recommends a number of changes to the program that offer significant benefits to Council including:

• An increase in the level of school participation; • More effective and efficient address of the needs of local schools; • Extension of the achievements of the program; • Establishing Council as a leading example of local government support for

environmental education • Visible and practical contribution towards the implementation of the principles

of Ecologically Sustainable Development (ESD). This report recommends amending the annual ‘Awards’ component of the Schools Environmental Program to biennial ‘Showcase’ and biennial ‘Outreach’ components to limit resource demands on Council staff whilst providing broader support to all schools within Maitland.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council support the recommendations of the review to modify the existing Schools Environment Program to a biennial Environmental Education Showcase and biennial Environmental Education Outreach Program.

Moved Clr Humphery, seconded Geoghegan

CARRIED

Page 54


10.3.19 "MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES

File No: 122/944


Author: John Carey Senior Traffic Officer

EXECUTIVE SUMMARY This report details an application made by Campbells Store and Craft Centre to temporarily close Elizabeth Street Morpeth for two days during the “Morpeth Honey Festival 2002”. The application was advertised for comments and submitted to the Local Traffic Committee (LTC) for consideration and the LTC has recommended that the closure proceed.


The following temporary road closure be approved for the “Morpeth Honey Festival 2002” in accordance with the recommendations of the Local Traffic Committee:

9.00am Saturday 6 April 2002 to 5.00pm Sunday 7 April 2002

• Elizabeth Street Morpeth – Green Street to 50m west of Green Street.

Moved Clr Rolls, seconded Clr Dark

CARRIED

Page 55


10.3.20 "STEAMFEST 2002" TEMPORARY ROAD CLOSURES

File No: 122/944/2


Author: John Carey Senior Traffic Officer

EXECUTIVE SUMMARY This report details and application made by the Hunter Valley Steamfest Panel to temporarily close various road in Maitland for “Steamfest 2002”. The application was advertised for comments and submitted to the Local Traffic Committee (LTC) for consideration and the LTC has recommended that the closures proceed.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The following road closures apply on:

a) Saturday 27 and Sunday 28 April, 2002 – 7.00am to 5.00pm daily

i) Church Street between Ken Tubman Drive and Les Darcy Drive

ii) Elgin Street between Olive Street and railway line (buses/taxis excepted)

iii) Olive Street between Church Street and Elgin Street

iv) Railway Street between Church Street and Elgin Street (buses excepted)

v) Station Street between Elgin Street and cul-de-sac (taxis excepted)

vi) Athol D’Ombrain Drive between Elgin Street and Victoria Street

vii) Allan Walsh Drive between Ken Tubman Drive and Church Street (buses/taxis excepted)

viii) Ballard Street between Steam Street and Church Street

ix) Fran Dawson Road between Ballard Street and end

x) Steam Street between Elgin Street and cul-de-sac

Page 56


b) 5.00pm Saturday 27 April, 2002 to 2.00am Sunday 28 April, 2002

i) Railway Street between Church Street and Elgin Street (no exceptions)

ii) Elgin Street between Steam Street and railway line (no exceptions)

iii) Station Street between Elgin Street and cul-de-sac (taxis excepted – entry via Athol D’Ombrain Drive only)

c) 7.00am Saturday 27 April, 2002 to 5.00pm Sunday 28 April, 2002

i) Junction Street, Telarah – Simpsons Lane to Mt Dee road

d) Sunday 28 April 2002 – 8.00am to 12.30pm (Cycling Criterium)

i) Athol D’Ombrain Drive between Bent Street and Victoria Street

ii) Bent Street between Athol D’Ombrain Drive and Grant Street

iii) Grant Street between Bent Street and High Street

iv) High Street (half road closure south side) between Grant Street and Victoria Street

v) Victoria Street between High Street and Athol D’Ombrain Drive

e) Sunday 28 April 2002 – 7.00am to 5.00pm

i) Maitland Park access road between Elgin Street and Maitland Park Bowling Club car park

Moved Clr Rolls, Seconded Clr Dark

CARRIED

Page 57


10.3.21 CYBERCAR DRIVING SIMULATOR

File No: 140/16


Author: Warwick Randall Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY This report presents the status of the proposal for HROC to sponsor purchase and operation of a Cybercar driving simulator as a regional project. The general response from the majority of the 7 Councils that responded was that whilst the project was a worthy one, they generally were not able to allocate the necessary funds to the project.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council write to HROC and the respondent Councils and thank them for their participation in the promotion of the project, and inform them that due to lack of support, the project will not proceed at this stage.

Moved Clr Humphery, seconded Clr Galea

CARRIED

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10.3.22 TELARAH BOWLING CLUB CARPARK

File No: P11269


Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Council previously resolved to investigate lighting improvements for the Telarah Bowling Club carpark and raised concerns regarding a truck using the carpark and the condition of the carpark. The lighting and heavy vehicle usage issues have been resolved. Improvement works for the carpark pavement have been investigated, with significant works required, and have been listed for future consideration as a part of Council’s Rolling Works Carpark Maintenance program.


The reconstruction of Telarah Bowling Club carpark be listed for consideration as a part of Council’s Carpark Maintenance Program.

Moved Clr Burke, seconded Clr Dark

CARRIED

Page 59


10.3.23 CAMPBELLS BRIDGE REPLACEMENT - ALTERATION TO 2001/02 BRIDGE CONSTRUCTION ROLLING WORKS PROGRAMME

File No: 222/363


Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY The 2001/02 Rolling Works Bridge Construction Programme consists of five projects. Investigations for one of these projects, Campbells Bridge, has identified additional works that would require the closure of Maitland Vale Road for a significant period, and the construction of a side track. Given the large expense involved in a side track, it is considered that a better use of the available funds would be to use the full bridge construction programme allocation to replace Campbells Bridge and defer the remainder of the projects to 2002/03.


The 2001/02 Bridge Construction Rolling Works Programme be altered such that all funds be committed to the Campbells Bridge project, and the remaining projects be listed for Construction in the 2002/03 Bridge Construction Rolling Works Programme.

Moved Clr Rolls, Seconded Clr Dark

CARRIED

Page 60


10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL

File No: 137/902


Author: Warick Shroder Contract And Projects Management Co-Ordinator

EXECUTIVE SUMMARY Tenders were invited for the construction of an Amenities Building at Morpeth oval. On closing, tenders were received and have been assessed on various criteria. This report is submitted for Council's consideration and is submitted to Committee of the Whole as it contains 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:

• (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 Procter, seconded Clr Galea.

CARRIED

Page 61


10.3.25 REQUEST FOR COUNCIL CONTRIBUTION TO ROADWORKS - MAITLAND TOYOTA DEVELOPMENT CONSENT 960709

File No: 960709

Attachments: (2) Locality Plan Applicant's submission

Responsible Officer: Alison McGaffin Development Services Manager

Author: Rolf Olsson Subdivision and Development Engineer

EXECUTIVE SUMMARY The proponents for the redevelopment of the Maitland Toyota site have requested Council contribute towards the costs of roadwork improvements on the public roadways adjacent to their new development. Council has previously contributed towards the cost of construction of private works, where they have had a direct benefit on, or were affected by, adjacent Council infrastructure. Part of this work is of direct benefit to Council as an improvement in the adjacent road infrastructure.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT council contribute $4,788 towards the costs of upgrading the public roadways adjacent to the redevelopment of the Maitland Toyota site.

Moved Clr Way, seconded Clr Dark

CARRIED

Page 62


10.4 CITY WORKS AND SERVICES

10.4.1 REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY

File No: 99/3/1

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Brian Worboys Senior Noxious Weeds Officer

EXECUTIVE SUMMARY This report recommends Council support the work that property owners of the Oakhampton Water Body have undertaken to date in the removal of noxious weeds, by providing funds to assist in the removal of salvinia and water hyacinth on the downstream end of the water body that were washed into that section during a storm flow in early February, 2002.


1. Council continue to actively pursue landholders, under the Noxious Weeds Act if necessary, to fully and continuously suppress and destroy Salvinia and prevent Water Hyacinth from spreading, and its numbers and distribution reduced, on the Oakhampton Water Body.

2. Council assist the landholders by adopting option 2 in this report to fund and arrange treatment of noxious weeds in the downstream section (below the railway line) of the Oakhampton water body, at an estimated cost of between $10,000 and $15,500, with the funding provided in future quarterly budget reviews.

Moved Clr Humphery, seconded Garnham

CARRIED

Page 63


10.4.2 PURCHASE OF A SECOND HAND GARBAGE COLLECTION VEHICLE (PLANT NO. 4110)

File No: 12/6


Author: Kelvin O'Brien Manager Waste & Recreation Services

EXECUTIVE SUMMARY This report deals with the proposed purchase of one (1) second hand side loading mobile garbage bin (MGB) collection truck.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council purchase Plant No. 4110 from the National Australia Bank (NAB) at the termination of the extended lease at 27th March, 2002 for the sum of $52,000 (GST inclusive) with part of the purchase price being offset by the sale of Plant No. 130.

Moved Clr Geoghegan, seconded Clr Way CARRIED

Page 64


11 REFERRED COMMITTEE REPORTS

NIL

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12 NOTICE OF MOTION/RESCISSION

12.1 NOXIOUS WEEDS ACT NOTICE OF MOTION SUBMITTED BY COUNCILLOR CLR ARCH HUMPHERY

FILE NO: 99/2


Author: Arch Humphery Councillor

Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Council of Council on 26 March 2002, as follows: That Maitland City Council makes representations to the State Government through Mr John Price MP on the section of the Noxious Weeds Act relating to the issuing of Section 18 and 20 notices, issued to landholders for the eradication of noxious weeds where it relates to infestation on an enclosed body of water: 1. Where a water body is owned by a number of owners. 2. The noxious weeds are floating and move after the issuing of any notice relating

to a prescribed period; 3. The unfair imposition on landholders who fulfil their obligation under the Act and

whose land is immediately reinfested by the action of wind or water." COUNCIL RESOLUTION That Maitland City Council makes representations to the State Government through Mr John Price MP on the section of the Noxious Weeds Act relating to the issuing of Section 18 and 20 notices, issued to landholders for the eradication of noxious weeds where it relates to infestation on an enclosed body of water: 1. Where a water body is owned by a number of owners. 2. The noxious weeds are floating and move after the issuing of any notice

relating to a prescribed period;

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3. The unfair imposition on landholders who fulfil their obligation under the

Act and whose land is immediately reinfested by the action of wind or water."

Moved Clr Humphery, seconded Clr Way

CARRIED

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12.2 MORPETH SKATEBOARD FACILITY NOTICE OF RESCISSION – SUBMITTED BY CLR STEVE PROCTER, CLR BOB GEOGHEGAN AND CLR TED LEVERENCE

FILE NO: P35062

Attachments: (1) Report of 22 January 2002


Clr Steve Procter, Clr Bob Geoghegan and Clr Ted Leverence have submitted the following Notice of Rescission: “We, Councillors Steve Procter, Bob Geoghegan and Ted Leverence give Notice of Rescission of the following resolution of Council passed on 22 January 2002:

COUNCIL RESOLUTION THAT

Council identify Queens Wharf as the preferred location for the development of a skateboard facility in Morpeth and support the lodgement of a Development Application for the site.

Moved Clr Galea, seconded Clr Procter

CARRIED” NOTE: After consultation with members of the community it has become obvious

that this is not the correct location. In fact I wonder if the people of Morpeth really want a skate park for the children of Morpeth at Morpeth.

COUNCIL RESOLUTION THAT the decision of Council at its meeting of 22 January 2002 as shown above be rescinded. Moved Clr Procter, seconded Galea

CARRIED COUNCIL RESOLUTION THAT: 1. Council further investigate areas in Morpeth for a suitable location for a

skateboard facility.

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2. Council survey children to find out if they want a skateboard ramp in Morpeth.

Moved Clr Fairweather, seconded Clr Procter

CARRIED

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13 QUESTIONS WITHOUT NOTICE

13.1 Clr Fairweather asked for the location of Campbells bridge on Maitland Vale Road.

The Manager Design advised that Campbells bridge was adjacent to the entrance to the Rosevale Sand & Gravel operations.

13.2 Clr Humphery asked if Council keeps a register of acts of vandalism

The Group Manager Projects advised that all acts of vandalism to Council property were reported to the Police Assistance Line and also recorded by Council for insurance purposes. Information to come back to Council on number of reports to Police Assistance Line.

13.3 Clr Leverence asked if Council was aware of the world championship

speedway in Sydney later this year. Council should be trying to have some sort of event or exhibition to celebrate this.

The Executive Manager Economic Development & Marketing advised that enquiries were already underway in this regard.

13.4 Clr Dark asked if the State Rail Bridge on Maitland Vale Road could get a coat of paint. The Manager Assets & Infrastructure Planning advised that he would contact the State Rail Authority in regards to getting the bridge painted in heritage colours.

14 URGENT BUSINESS

NIL

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15 COMMITTEE OF THE WHOLE ITEMS


15.1.1 COUNCIL LAND - RUTHERFORD

File No: P21759



EXECUTIVE SUMMARY This report relates to interest expressed in Council land at Rutherford.



Moved Clr Burke, seconded Clr Humphery

CARRIED

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15.1.2 SALE OF SURPLUS LANDS

File No: 103/8



EXECUTIVE SUMMARY This report proposes the fixing of reserve prices for certain parcels of surplus lands Council has determined to auction.




CARRIED

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15.1.3 RUTHERFORD SHOPPING CENTRE

File No: 137/909


Author: Roger Stephan Executive Manager Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of tenders received in relation to the sale for development of Council owned operational lands within the Rutherford Shopping Centre.




CARRIED

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15.2 SERVICE PLANNING & REGULATION

15.2.1 METFORD ROAD RAILWAY LEVEL CROSSING

File No: 222/387


Author: Warwick Randall Manager Assets and Infrastructure Planning

EXECUTIVE SUMMARY This report presents the status of the proposed Metford Road Railway Crossing upgrade by the Rail Infrastructure Corporation.


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


CARRIED

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15.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS

File No: 137/889


Author: Stephen Hawes Survey Design Co-ordinator

EXECUTIVE SUMMARY Tenders for the reconstruction of Belmore Road Lorn between Belmore Bridge and Brisbane Street are submitted for Councils determination. This report is submitted to Committee of the Whole as it contains confidential commercial information.


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

CARRIED

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15.2.3 CENTRAL MAITLAND IMPROVEMENT PROGRAM/RIVERBANK PROJECT

File No: 130/5


Author: Henry Wilson Group Manager Special Projects

EXECUTIVE SUMMARY This report deals with a proposed land exchange and creation of mutual Rights of Way needed to facilitate the Riverbank/CBD Improvement Project.




CARRIED

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16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

REFERRED FROM ITEM 10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL

File No: 137/902


Author: Warick Shroder Contract And Projects Management Co-ordinator

EXECUTIVE SUMMARY Tenders were invited for the construction of an Amenities Building at Morpeth oval. On closing, tenders were received and have been assessed on various criteria. This report is submitted for Council's consideration and is submitted to Committee of the Whole as it contains commercial information.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council accept the lump sum tender of C&W Constructions Pty. Ltd. for the construction of the Morpeth Oval Amenities Building in the amount of $173,663.

Moved Clr Burke seconded Clr Rolls

CARRIED

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16.1.1 COUNCIL LAND - RUTHERFORD

File No: P21759

Attachments: (1) Plan of Lot 1 DP 790460 Kyle St & NEH Rutherford



EXECUTIVE SUMMARY This report relates to interest expressed in Council land at Rutherford.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council authorise the General Manager to proceed and report back on negotiations as outlined in this report.


CARRIED

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16.1.2 SALE OF SURPLUS LANDS

File No: 103/8



EXECUTIVE SUMMARY This report proposes the fixing of reserve prices for certain parcels of surplus lands Council has determined to auction.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the reserve prices for the auction of Council land be fixed as identified in this report.


CARRIED

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16.1.3 RUTHERFORD SHOPPING CENTRE

File No: 137/909


Author: Roger Stephan Executive Manager Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of tenders received in relation to the sale for development of Council owned operational lands within the Rutherford Shopping Centre.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council accept the tender of the Buildev Group comprising a minimum cash payment of $1M plus optional agreed works to an inclusive value of $1,675,000 for the purchase of the identified Council owned operational land within the Rutherford Shopping Centre.

2. A report be submitted to Council on possible on-site works which could form part of the contract with the Buildev Group.


CARRIED

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16.2 SERVICE PLANNING AND REGULATION

16.2.1 METFORD ROAD RAILWAY LEVEL CROSSING

File No: 222/387


Author: Warwick Randall Manager Assets and Infrastructure Planning

EXECUTIVE SUMMARY This report presents the status of the proposed Metford Road Railway Crossing upgrade by the Rail Infrastructure Corporation.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the report be received and noted


CARRIED

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16.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS

File No: 137/889


Author: Stephen Hawes Survey Design Co-ordinator

EXECUTIVE SUMMARY Tenders for the reconstruction of Belmore Road Lorn between Belmore Bridge and Brisbane Street are submitted for Councils determination. This report is submitted to Committee of the Whole as it contains confidential commercial information.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Council accept the tender of C&W Constructions Pty Ltd for the reconstruction of Belmore Road Lorn between Belmore Bridge and Brisbane Street for the sum of $202,180.00

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


CARRIED

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16.2.3 CENTRAL MAITLAND IMPROVEMENT PROGRAM/RIVERBANK PROJECT

File No: 130/5

ATTACHMENTS(2) PLAN 1 PLAN 2


Author: Henry Wilson Group Manager Special Projects

EXECUTIVE SUMMARY This report deals with a proposed land exchange and creation of mutual Rights of Way needed to facilitate the Riverbank/CBD Improvement Project.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council concur with the land exchange and ROW proposals as detailed in this report.


CARRIED

17 CLOSURE

The meeting was declared closed at 8.32 pm Confirmed this ………………... day of …………………..…. 2002. …………………………….. ……………………………… GENERAL MANAGER CHAIRPERSON

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Documents

MAITLAND CITY COUNCIL MINUTES 26 MARCH 2002 · 2017-10-27 · 16.2 SERVICE PLANNING AND REGULATION ... Clr Graham Dark Clr Peter Way Clr Brian Burke Clr Jennifer Rolls Clr Steve Procter