MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES · 10/28/2003 · 10.1.2 payment of private works - the hunter river agricultural & horticultural association..... 17 10.1.3 presentation

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

28 OCTOBER 2003

COUNCIL MEETING MINUTES 28 OCTOBER, 2003

Page (i)

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...................................................... 1

6 MAYORAL MINUTE.................................................................................... 2

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 2

9 ITEMS FOR INFORMATION....................................................................... 4

9.1 CORRESPONDENCE ANALYSIS............................................... 4

9.2 KEY PERFORMANCE INDICATORS - SEPTEMBER 2003........ 5

9.3 LODGEMENT OF GST WORKSHEETS...................................... 6

9.4 MONTHLY FINANCIAL REPORT - SEPTEMBER 2003 ............. 7

9.5 POSTAL VOTING IN LOCAL GOVERNMENT ELECTIONS ...... 8

9.6 TOURISM MARKETING - SEPTEMBER 2003 ............................ 9

9.7 CONSTRUCTION OF THE METFORD RAIL UNDERPASS ..... 10

9.8 COUNCILLOR MOTIONS.......................................................... 11

9.9 COUNCIL'S HOMEPAGE STATISTICS .................................... 12

9.10 HIGH COURT APPEAL - RE: LEVY ON TELECOMMUNICATION CABLES ........................................... 13

9.11 NSW GOVERNMENT LAUNCHES NEXT STAGE OF LOCAL GOVERNMENT STRUCTURAL REFORM................................ 14

9.12 STATUS REPORT ON CAPITAL WORKS PROJECTS............ 15

10 OFFICERS REPORTS .............................................................................. 16

10.1 FINANCE AND ADMINISTRATION........................................... 16


Page (ii)

10.1.1 BUDGET CARRY OVER WORKS FROM 2002/2003 TO 2003/2004................................................................................... 16

10.1.2 PAYMENT OF PRIVATE WORKS - THE HUNTER RIVER AGRICULTURAL & HORTICULTURAL ASSOCIATION ............ 17

10.1.3 PRESENTATION OF FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2003............................................................... 18

10.1.4 STATEMENT OF INVESTMENTS HELD AS AT 30 SEPTEMBER 2003 .................................................................... 19

10.1.5 2004 LOCAL PUBLIC HOLIDAYS.............................................. 20

10.1.6 LOCAL GOVERNMENT ASSOCIATION ANNUAL CONFERENCE - ALBURY......................................................... 21

10.1.7 LATE REPORT - PROPOSED SPECIAL RATE - RUTHERFORD INDUSTRIAL AREA ......................................... 22

10.2 SERVICE PLANNING AND REGULATION............................... 23

10.2.1 RUTHERFORD AERODROME.................................................. 23

10.2.2 REVIEW OF CONSENT CONDITIONS UNDER SECTION 82A OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979......................................................... 27

10.2.3 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDEMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993..................................... 29

10.2.4 MAITLAND RECREATION AND OPEN SPACE STRATEGY REVIEW ..................................................................................... 31

10.2.5 WATER REFORMS.................................................................... 33

10.2.6 RZ03-005 PROPOSED AMENDMENT TO MAITLAND LEP 1993 REZONING OF LOT 71 DP 573182, NO 66 RIVER ROAD, WINDELLA FROM 1(B) SECONDARY RURAL TO 1(C) RURAL SMALL HOLDINGS............................................... 35

10.2.7 FEES & CHARGES .................................................................... 37

10.2.8 GAMING MACHINE TAX............................................................ 38

10.2.9 MAITLAND TOWN HALL CONSERVATION MANAGEMENT PLAN .......................................................................................... 39

10.2.10 COUNCIL – POLICE PROTOCOL FOR ASSESSING DEVELOPMENT PROPOSALS ................................................ 40

10.2.11 CURFEW PROPOSAL FOR LATE NIGHT CBD VENUES ........ 41


Page (iii)

10.2.12 HUNTER ESTUARY PROCESSES STUDY .............................. 42

10.2.13 REVIEW OF ROAD SAFETY STRATEGIC PLAN - APPROVAL FOR PUBLIC EXHIBITION ................................... 43

10.2.14 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND.. 44

10.2.15 MORPETH NEW YEAR'S EVE CELEBRATIONS 2003 - TEMPORARY ROAD CLOSURES............................................. 45

11 REFERRED COMMITTEE REPORTS ...................................................... 46

12 NOTICE OF MOTION/RESCISSION......................................................... 47

12.1 CENTRAL MAITLAND REFERENCE GROUP NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER ......................................................................... 47

12.2 MAITLAND CITY COUNCIL PROPERTY PORTFOLIO GROUP NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER........................................ 49

13 QUESTIONS WITHOUT NOTICE ............................................................. 50

14 URGENT BUSINESS ................................................................................ 50

14.1 MAITLAND REGIONAL GALLERY........................................... 50

14.2 MAITLAND HARNESS CLUB ................................................... 50

14.3 CUSTOMER REQUEST SYSTEM ............................................. 50

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 51

15.1 PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS AVENUE, LARGS ...................................................................... 51

15.2 DRAFT THREATENED SPECIES RECOVERY PLAN.............. 52

15.3 LD00623 - RESIDENTIAL DEVELOPMENT - ANAMBAH HOMES PTY LTD - RUTHERFORD .......................................... 53

15.4 LATE REPORT MAITLAND CBD - RIVERBANK PROJECT.... 54

15.5 LATE REPORT COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA................................................................... 55

15.6 LATE REPORT CONSIDERATION OF TENDERS - CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY . 56

16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 57


Page (iv)

16.1 PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS AVENUE, LARGS ...................................................................... 57

16.2 DRAFT THREATENED SPECIES RECOVERY PLAN.............. 58

16.3 LD00623 - RESIDENTIAL DEVELOPMENT - ANAMBAH HOMES PTY LTD - RUTHERFORD .......................................... 59

16.4 LATE REPORT MAITLAND CBD - RIVERBANK PROJECT.... 60

16.5 LATE REPORT COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA................................................................... 61

16.6 LATE REPORT CONSIDERATION OF TENDERS - CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY . 62

16.7 URGENT LATE ITEM - MAITLAND REGIONAL GALLERY..... 63

17 CLOSURE................................................................................................. 64


PRESENT Clr Peter Blackmore Clr Graham Dark Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Tony Keating Clr Ted Leverence Clr Steve Procter Clr Jennifer Rolls Clr Peter Way

1 INVOCATION

Pastor Tim Cooper said the prayer at the commencement of the meeting.

2 APOLOGIES

COUNCIL RESOLUTION THAT apologies be received for the unavoidable absence of Councillors

Burke, Woods and Humphery.

Moved Clr Way, seconded Clr Dark

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Way declared a non-pecuniary interest in Item 10.1.2 – Payment of Private Works - The Hunter River Agricultural & Horticultural Association - as he is a Director of the Association.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 23 September

2003 be confirmed.

Moved Clr Garnham, seconded Clr Rolls

CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil

Page 1


6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

R N Gulliver - spoke against Item 10.1.3 - Presentation of Financial Reports for Year Ended 30 June 2003.

Heather Berry - spoke against Item 10.2.1 - Rutherford Aerodrome. June Johnson – spoke against Item 10.2.1 – Rutherford Aerodrome. Rob Britten - from the Royal Newcastle Aero Club - spoke in support of Item

10.2.1 - Rutherford Aerodrome. Rob Chenery - from the Royal Newcastle Aero Club - spoke in support of Item

10.2.1 - Rutherford Aerodrome. Beverley Surplice - spoke in support of Item 10.2.4 - Maitland Recreation &

Open Space Strategy. Philip Blackley - from Pulver Cooper & Blackley - spoke in support of Item

10.2.6 - No 66 River Road, Windella. Wal Mills - spoke against Item 10.2.7 - Fees and Charges. Kylie Bannister – spoke against Item 10.2.7 – Fees and Charges. Paul Cousins - spoke in support of Item 10.2.8 - Gaming Machine Tax. Jon Chin - spoke in support of Item 10.2.8 - Gaming Machine Tax.

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 LATE REPORT - PROPOSED SPECIAL RATE - RUTHERFORD INDUSTRIAL AREA

(will become Item 10.1.7) 8.2 LATE CONFIDENTIAL REPORT - MAITLAND CBD - RIVERBANK

PROJECT. (will become Item 15.4) 8.3 LATE CONFIDENTIAL REPORT - COUNCIL LAND - RUTHERFORD

INDUSTRIAL ESTATE

Page 2

COUNCIL MEETING AGENDA 28 OCTOBER, 2003

(will become Item 15.5) 8.4 LATE CONFIDENTIAL REPORT - CONSIDERATION OF TENDERS -

CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY (will become Item 15.6) 15.1 PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS

AVENUE, LARGS WITHDRAWN

COUNCIL RESOLUTION THAT:

1. Council accept Items 8.1 to 8.4 as Late Items and these items be dealt with in the Order of Business;

2. Item 15.1 be withdrawn.

Moved Clr Leverence, seconded Clr Way

CARRIED

Page 3


9 ITEMS FOR INFORMATION

9.1 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Records Officer

EXECUTIVE SUMMARY This report contains information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation & provides information in relation to adherence to the guidelines for replying to correspondence.

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

Moved Clr Fairweather, seconded Clr Way

CARRIED

Page 4


9.2 KEY PERFORMANCE INDICATORS - SEPTEMBER 2003

File No: 35/37

Responsible Officer: Henry Wilson Group Manager - Projects

Author: Stephen Burgess Business Support Officer

EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.


Moved Clr Geoghegan, seconded Clr Garnham

CARRIED

Page 5


Page 6

9.3 LODGEMENT OF GST WORKSHEETS

File No: 135/4/1


Author: Patricia Davies Accounting (Compliance) Officer

EXECUTIVE SUMMARY This report provides information on Maitland City Council’s Section 355 Committees compliance with the Goods and Services Tax (GST) and the lodgement of their 2002/2003 financial accounts for year-end audit.


Moved Clr Fairweather, seconded Clr Leverence

CARRIED


Page 7

9.4 MONTHLY FINANCIAL REPORT - SEPTEMBER 2003

File No: 35/53


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


Page 8

9.5 POSTAL VOTING IN LOCAL GOVERNMENT ELECTIONS

File No: 47/20


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The Department of Local Government has advised Council that a change to the legislation will allow the acceptance of postal votes in Local Government Elections up until 6.00pm on the first business day following an election.

OFFICER RECOMMENDATION/COUNCIL RESOUTION THAT the information contained in this Report be noted.


CARRIED


Page 9

9.6 TOURISM MARKETING - SEPTEMBER 2003

File No: 139/6

Responsible Officer: Roger Stephan Executive Manager Economic Development & Marketing

Author: Roger Stephan Executive Manager Economic Development & Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of the marketing and promotional activities that were undertaken in the September quarter of the 2003-2004 financial year.



CARRIED


Page 10

9.7 CONSTRUCTION OF THE METFORD RAIL UNDERPASS

File No: 116/1

Attachments: (1) Correspondence From Minister For Transport Services

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Chris McGrath Asset Engineer

EXECUTIVE SUMMARY At Council’s meeting of 22 April 2003, it was resolved to: “Write to John Price, Member for Maitland, to determine when the Minister will be commencing the Metford underpass.” The Member for Maitland has responded to Council’s request, with a copy of the correspondence from the Minister, Mr Michael Costa. The Minister, with advice from the Rail Infrastructure Corporation (RIC), states that detail design tasks for the underpass is proceeding. The construction on site should commence in January 2004. Completion is expected mid 2004.



CARRIED


Page 11

9.8 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council officers. It is proposed that this report will be presented to the Ordinary Meeting of Council each month for information.


Moved Clr Fairweather , seconded Clr Leverence

CARRIED


Page 12

9.9 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Toni Cliff Technical Support Officer

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


Page 13

9.10 HIGH COURT APPEAL - RE: LEVY ON TELECOMMUNICATION CABLES

File No: 35/1



EXECUTIVE SUMMARY This report provides Council with information concerning the High Court Appeal allowing Local Governments to apply a levy on telecommunication cables.



CARRIED


Page 14

9.11 NSW GOVERNMENT LAUNCHES NEXT STAGE OF LOCAL GOVERNMENT STRUCTURAL REFORM

File No: 35/1



EXECUTIVE SUMMARY The NSW Government has announced the first of its regional reviews for Local Government. The first regional review will include the Councils surrounding the ACT and the second review will centre around Tamworth and adjoining areas.



CARRIED


Page 15

9.12 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

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

Author: Richard Minter Manager consulting and Contracts

Wayne Cone Group Manager, City Works and Services

EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups. A report on the status of major construction works and projects within the 2003/2004 Capital Works Program and the final projects in the 2002/2003 program are submitted for Council's information.


Moved Clr Fairweather, seconded Clr Dark

CARRIED


Page 16

10 OFFICERS REPORTS

10.1 FINANCE AND ADMINISTRATION

10.1.1 BUDGET CARRY OVER WORKS FROM 2002/2003 TO 2003/2004

File No: 2/8/9



EXECUTIVE SUMMARY On 10 June 2002 Council adopted the Management Plan for 2002/2003, which included the budget. A number of works that were included in the Management Plan for 2002/2003 were not completed as at 30 June 2003. These works have been identified and included as Internally Restricted Assets in Council’s financial reports for the year ending 30 June 2003 (included in a separate report to Council) This is to ensure that funds are set aside to pay for these works.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT the budget carry over works from 2002/2003 be approved, and form part of the Management Plan for 2003/2004.

Moved Clr Garnham, seconded Clr Leverence

CARRIED


10.1.2 PAYMENT OF PRIVATE WORKS - THE HUNTER RIVER AGRICULTURAL & HORTICULTURAL ASSOCIATION

File No: P11286



EXECUTIVE SUMMARY The Hunter River Agricultural and Horticultural Association have requested a quote from Council for Private Works. The total amount of the quote is $12,152. The Association have requested deferment of payment until 30 June 2004. It is recommended that the Association be requested to pay 25% up front and the balance by the 28 June 2004.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT The Hunter River Agricultural and Horticultural Association pay 25% of their private works prior to commencement and the balance by 28 June 2004.


CARRIED

Page 17


10.1.3 PRESENTATION OF FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2003

File No: 2/8/9



EXECUTIVE SUMMARY The audit of Council’s financial reports for the year ending 30 June 2003 has been completed. Section 418 of the Local Government Act, 1993 requires Council to fix a date for a meeting to present its audited financial reports, together with the auditor’s reports, to the public.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to sign the financial reports.

2. Council consider formal adoption of the 2002/2003 financial reports at the Council meeting to be held on Tuesday, 25 November 2003.

3. Council place an advertisement in a local newspaper in accordance with Section 418(3) of the Local Government Act, 1993, notifying the public of the proposal to adopt the 2002/2003 financial reports on 25 November 2003.


CARRIED

Page 18


Page 19

10.1.4 STATEMENT OF INVESTMENTS HELD AS AT 30 SEPTEMBER 2003

File No: 82/2


Author: Annette Peel Revenue Accountant

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

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


CARRIED


Page 20

10.1.5 2004 LOCAL PUBLIC HOLIDAYS

File No: 130/16



EXECUTIVE SUMMARY The Office of Industrial Relations have written to Council, requesting any additional local public holidays for the year 2004. Maitland City Council did not have any local public holidays in 2003 and would seek to have the same arrangement for 2004.

OFFICER RECOMMENDATION THAT the Office of Industrial Relations be notified that Council will not be seeking any additional public holidays for 2004.

PROCEEDINGS IN BRIEF

A motion was moved that Council seek a half day holiday on the first Tuesday in November 2004.

Moved Clr Keating, seconded Clr Leverence

The motion when put to the meeting was declared lost.

COUNCIL RESOLUTION THAT the Office of Industrial Relations be notified that Council will not be seeking any additional public holidays for 2004.

Moved Clr Keating, seconded Clr Leverence

CARRIED


Page 21

10.1.6 LOCAL GOVERNMENT ASSOCIATION ANNUAL CONFERENCE - ALBURY

File No: 32/8



EXECUTIVE SUMMARY The Local Government Association Annual Conference will be held in Albury from the 9th to the 12th November, 2003. At the Council Meeting of the 23rd July, 2003, the Mayor and three Councillors, Councillors Fairweather, Humphery and Proctor were nominated to attend. Due to unforseen circumstances ,Councillor Humphery and Councillor Fairweather are unable to attend the Conference. Councillor Dark and Councillor Geoghegan have indicated they are willing to attend the conference. It is recommended that Councillor Dark and Councillor Geoghegan be delegates to the Local Government Association Annual Conference in Albury. It is recommended that the cost be from their allocation under the Payment of Expenses Policy for Councillors.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION That Councillor Dark and Councillor Geoghegan attend the Local Government Association Annual Conference at Albury as a delegate of Council.


CARRIED


Page 22

10.1.7 LATE REPORT - PROPOSED SPECIAL RATE - RUTHERFORD INDUSTRIAL AREA

File No: 222/223

Attachment (1) Rateable Area Map



EXECUTIVE SUMMARY At the Council meeting of 24 June 2003, Clr Procter moved that the General Manager initiate meetings with the relevant landowners in Gardiner Road and Kyle Street Rutherford in an attempt to find a resolution to the funding of major road and drainage works in the affected area. A meeting was called on 21 October 2003 in the Maitland Room of the Town Hall. All landowners were sent an invitation to the meeting. Fifteen landowners attended the meeting. After some discussion concerning the proposal for a 50/50 split on costs (Council/landowners), it was suggested that another letter be sent to all owners, asking them to put their preference, either for or against the proposition on a reply paid form. Further investigation has identified that it would be more appropriate to pursue the Special Rate immediately, thus enabling the owners to go through the special rate process. If the special rate had a majority of positive responses, it would form part of the Management Plan 2004/05. This report seeks Council to place on exhibition for 28 days a proposed Special Rate for construction of road and drainage works in the Kyle Street and Gardiner Road, Rutherford area. A plan of the area is attached.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council place on public exhibition for 28 days a proposed Special Rate for Kyle Street and Gardiner Road as per this report.

Moved Clr Geoghegan, seconded Clr Dark

CARRIED


Page 23

10.2 SERVICE PLANNING AND REGULATION

10.2.1 RUTHERFORD AERODROME

File No: P21595


Author: Brad Everett Group Manager Service Planning & Regulation

EXECUTIVE SUMMARY In September 2003, Council considered a report on the Rutherford Aerodrome and resolved, in part, to:

“Note that a report on the Review / Audit of Operations at Rutherford Aerodrome will be presented to the Ordinary Meeting of Council to be held on 28 October 2003; and In conjunction with the Audit of Operations, Council review the Operational Undertaking prepared by RNAC and consider a course of action in respect of this document”.

This report has been prepared in response to that resolution. It summarises the findings of the audit as well as discussing the content and status of the Operational Undertaking. The audit has identified that, in general, the aerodrome operates within the context of existing use rights, together with the numerous consents that have been issued for the facility, particularly covering the erection of the various buildings on the site. Many current activities (eg flight movement numbers, circuit patterns etc) therefore cannot be easily regulated by the Council as they form part of the legal continued use of the site. The audit has however established that there is no record of approval for certain commercial type activities currently occurring on the site and development consent will be required in order to resolve these matters. Accordingly, various actions are recommended as a result of the audit. The Operational Undertaking is a statement of intent on behalf of the RNAC. It currently has no legal status, and stands as an Undertaking by the RNAC regarding daily operating and management practices at the facility. It could however be used by Council in conjunction with future development consent/s to assist in regulating and enforcing activity and operations at the aerodrome. The Undertaking goes beyond what Council could statutorily require from the Aero Club at this point in time and in this context, it is recommended that Council receive and note the undertaking and look to formalise the document via the development consent process. At this time, opportunity would be provided for public comment in relation to the undertaking. It is also recommended that Council support the establishment of an Aerodrome


Rutherford Aerodrome (Cont.)

Page 24

Consultative Panel to provide a formal mechanism for ongoing community input and comment in relation to the aerodrome’s operations.

OFFICER RECOMMENDATION THAT:

1. Council formally accept the audit of operations at Rutherford Aerodrome and in doing so endorse the following course of action:

a) Seek development applications for the two commercial uses operating without consent viz: Action Aerobatics and Airborne Flight Training and follow standard Council policy for unauthorised developments in respect of both matters.

b) Development and Environment Staff further investigate the operations of Glen Smith Aerial Advertising to determine consent requirements for this activity

c) Formally advise RNAC that Council is to be notified of any proposal to re-establish a permanent / regular passenger service on the site so that consent requirements can be determined

d) Undertake a review of the zone objectives of the 5(a) Special Uses Aerodrome zone in conjunction with an overall review of Maitland LEP 1993

e) Regulate and inspect the aircraft maintenance facilities in accordance with standard Council practice

f) Update the consent for DA94/70 for the Training Facility to reflect the correct property description.

g) Advise Hunter Tourist Information Service that use of the site for a commercial office is not permissible within the current land use zoning and follow standard procedures for unauthorised developments in respect of this matter.

h) Advise RNAC that they are required to notify Council and be responsible for obtaining the appropriate approval for any special events that are proposed for the site, either via a licencing or development approval process, depending on the nature of the event.

2. Council receive and note the Community Operational Undertaking submitted by RNAC and resolve to formalise this document, via a development consent process, when able to do so.

3. Council support the establishment of an Aerodrome Consultative Panel, as proposed and detailed in the Operational Undertaking, as a forum for ongoing community input and comment on the operations at Rutherford Aerodrome.



Page 25

COUNCIL RESOLUTION THAT:

1. Council formally accept the audit of operations at Rutherford Aerodrome and in doing so endorse the following course of action:

a) Seek development applications for the two commercial uses operating without consent viz: Action Aerobatics and Airborne Flight Training and follow standard Council policy for unauthorised developments in respect of both matters.

b) Development and Environment Staff further investigate the operations of Glen Smith Aerial Advertising to determine consent requirements for this activity

c) Formally advise RNAC that Council is to be notified of any proposal to re-establish a permanent / regular passenger service on the site so that consent requirements can be determined

d) Undertake a review of the zone objectives of the 5(a) Special Uses Aerodrome zone in conjunction with an overall review of Maitland LEP 1993

e) Regulate and inspect the aircraft maintenance facilities in accordance with standard Council practice

f) Update the consent for DA94/70 for the Training Facility to reflect the correct property description.

g) Advise Hunter Tourist Information Service that use of the site for a commercial office is not permissible within the current land use zoning and follow standard procedures for unauthorised developments in respect of this matter.

h) Advise RNAC that they are required to notify Council and be responsible for obtaining the appropriate approval for any special events that are proposed for the site, either via a licencing or development approval process, depending on the nature of the event.

2. Council receive and note the Community Operational Undertaking submitted by RNAC and resolve to formalise this document, via a development consent process, when able to do so.

3. Council support the establishment of an Aerodrome Consultative Panel, as proposed and detailed in the Operational Undertaking, as a forum for ongoing community input and comment on the operations at Rutherford Aerodrome.



4. Council include a Register of Consents in the audit of operations document.


CARRIED

Page 26


Page 27

10.2.2 REVIEW OF CONSENT CONDITIONS UNDER SECTION 82A OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

File No: DA 02-4486

Attachments (4) Locality Plan Applicant’s Submissions Council’s Solicitor’s Opinion Site Plan/Elevations

Responsible Officer: Brad Everett Group Manager

Author: Brad Everett Group Manager Service Planning and Regulation

Applicant: Mr G Huckett

Proposal: Request to Review Consent Conditions Under Section 82A of the E P&A Act, 1979

Location: Lot 10 DP 239187 17 Wallis Street, East Maitland

Zone: 2(a) Residential

EXECUTIVE SUMMARY/BACKGROUND At its meeting on 10 September 2002, the Approvals and Regulatory Committee of Council considered an application (DA 02-1182) involving the erection of a double garage at the rear of the subject land with vehicular access proposed from the land known as Glebe Lane. A detailed report on that proposal which discussed the status of the land and described the condition of the land as not being formed or constructed as a public road was presented to Council. The focus of that report was on the various issues associated with allowing vehicular access to the rear of the subject land and Council resolved to determine that application by the refusal of consent for the following reasons:

1. Vehicular access to the rear of the subject site is considered inadequate and unsatisfactory (Section 79C(1)(b) of the EP& A Act, 1979);

2. “Glebe Lane and the section of Glebe Street, which leads to it, are unformed and unconstructed. The grassed surface of the land and the steep terrain are such that intermittent or regular access/usage by motor vehicles is neither safe nor suitable; and

3. For the above reasons, approval of the application would not be in the public interest.


Review of Consent Conditions under Section 82A of the EP&A Act, 1979 (Cont.)

Page 28

At its meeting on13 May 2003, the Approvals and Regulatory Committee of Council considered a subsequent development application (DA 02-4486) and approved the erection of a Double Carport and a Workshop/Storage Building for Mr G Huckett at No. 17 Wallis Street, East Maitland. Condition 2 of the consent issued on 13 May 2003 stipulated that a roller shutter on the south-east elevation of the workshop/storage building proposed to be erected at the rear of the site had to be replaced with windows. Condition 3 of the consent specified that “Vehicular access to the rear of the subject lot via the unformed and unconstructed sections of Glebe Street and Glebe Lane is not permitted”. The applicant has now requested that Council, under Section 82A of the Environmental Planning and Assessment Act, 1979, review its determination of DA 02-4486 and delete Conditions 2 and 3. A request has not been received to review the proposed use or the description of the subject component of the development which remains: “Workshop/Storage Building”. Consideration has been given to the applicant’s request along with a comprehensive review of the previous reports to Council and of all documentation in Council’s possession relevant to the case. For the reasons outlined in the body of the report, it is recommended that Council adhere to its determination of 13th May, 2003 and the associated conditions of consent.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT Council adhere to its determination and associated conditions of consent dated 13th May, 2003 in relation to the erection of a double carport and detached workshop/storage building at No.17 Wallis Street, East Maitland.

Moved Clr Garnham, seconded Clr Dark

CARRIED


Page 29

10.2.3 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDEMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993

FILE NO: RZ03006

Attachments: (3) Locality Plan – Current Zoning Boundaries Locality Plan – Proposed LEP Boundaries Existing Parking

RESPONSIBLE OFFICER: STEPHEN PUNCH MANAGER DEVELOPMENT SERVICES

Author: Tanya Gurieff Senior Town Planner - Major Projects

EXECUTIVE SUMMARY At an extraordinary meeting of Council held on 8th April 2003, Council approved the Expansion of the Rutherford Shopping Centre (DA02-4229). The proposal involves the construction of a supermarket, discount variety store, bulky goods outlet and ten (10) smaller specialty stores. The development also proposed an additional 254 parking spaces. The proposal allowed for the provision of 90 degree parking on Hillview Street which encroached (approximately 4.0 metres) onto the existing open space buffer separating the New England Highway from Arthur Street. This open space area is zoned 6(a) Public Recreation under the Maitland Local Environmental Plan 1993 and in granting the consent, Council has utilised Clause 46 of the LEP for a minor variation in zoning boundaries. Parking is otherwise prohibited in the 6(a) zone. Council’s interpretation of the Maitland LEP has been questioned as a component of the proceedings currently before the Land and Environment Court. To remove any question to the validity or otherwise, the most appropriate action for Council is to proceed to amend the Maitland Local Environmental Plan for the purpose of a car park pursuant to clause 48 on Lot 30 DP 456909 New England Highway Rutherford. It is also recommended that Council prepare a Plan of Management for the subject site and exhibit the draft LEP and Plan of Management concurrently.


1. Council resolve to prepare a draft local environmental plan pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979 to allow development for the purpose of a car park pursuant to Clause 48 on Lot 30, DP 456909 New England Highway Rutherford;

2. Council resolve to prepare and exhibit a Plan of Management for the site


Lot 30 DP 456909 New England Highway Rutherford PROPOSED AMENDEMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont)

Page 30

3. The draft local environmental plan and the Plan of Management be placed on public exhibition for a period of forty two (42) days;

4. Should no objection be received by Council during the exhibition period, that the matter be referred to the Department of Infrastructure, Planning and Natural Resources with a request that the Minister make the plan.


CARRIED


Page 31

10.2.4 MAITLAND RECREATION AND OPEN SPACE STRATEGY REVIEW

File No: 103/108

Attachment: (1) Consultant Review


Author: Keith Longridge Strategic Planner (Recreation)

EXECUTIVE SUMMARY Consultants Manidis Roberts have conducted the Maitland Recreation and Open Space Strategy Review (MROSSR) to ascertain the adequacy of existing levels of recreation and open space provision in the Maitland Local Government Area (LGA). The MROSSR Draft Report updates the Maitland Recreation and Open Space Strategy (1992). The report provides a strategic framework for the provision and management of open space and recreation facilities to meet the reasonable expectations of Maitland’s community. This study suggests that most residents are satisfied with existing sporting facilities. It appears that the current level of provision of local recreation and district sporting facilities presently satisfies demand in the Maitland LGA. However, there appears to be an undersupply of district recreation areas. While demand for citywide multi-use indoor recreational and sporting facilities has been identified, there is no evidence to support the development of regional sporting facilities in the Maitland LGA. In accord with Council’s strong commitment to consultation with its community, the consultant undertook broad community consultation throughout the study project. It’s recommended that Council now place the draft Report on public exhibition to encourage additional community input.


1. Council place the MROSSR Draft Report on public exhibition for 28 days.

2. The MROSSR Final Report be presented to Council for consideration following that exhibition period, and

3. Council write to the members of the MROSSR Reference Group to express its appreciation for their contributions to the conduct of the study project.


MAITLAND RECREATION AND OPEN SPACE STRATEGY REVIEW (Cont.)

Page 32

Moved Clr Fairweather, seconded Clr Geoghegan

CARRIED


Page 33

10.2.5 WATER REFORMS

File No: 103/50

Attachments (2) Department of Infrastructure, Planning and Natural Resources Correspondence NSW Agriculture Correspondence

Responsible Officer: Peter Cameron Manager City Strategy

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY Council resolved on 26 November 2002 that: 1. Maitland City Council ask for a report from the Department of Land & Water

Conservation on the implications of the new Water Sharing plans and the effect on the tidal sections of the Hunter and Paterson Rivers as far as present and future irrigation is concerned.

2. Maitland City Council takes the appropriate steps to protect the irrigation potential of all 1(a) Agricultural land within the LGA of Maitland on the tidal sections of the Hunter and Paterson Rivers.

3. The Department of Agriculture be asked to support Maitland Council’s endeavours to protect the present and long-term potential of the Hunter and Paterson Flood Plain.

4. Dungog and Port Stephens Shire Councils who’s Local Government Areas include the Paterson River Flood Plain be advised of our action and asked for their support.

In accordance with this resolution, Council has consulted with the above parties and letters have been received from NSW Agriculture and the Department of Infrastructure Planning and Natural Resources (formerly DLWC). The Department of Infrastructure Planning and Natural Resources advise that a draft Water Sharing Plan for the regulated Paterson River is not yet finalised and that Water Sharing Plans for the unregulated sections of the Paterson and Hunter Rivers may not be developed for a number of years. The river flats adjoining the tidal sections of the Hunter and Paterson Rivers will therefore remain unregulated in the foreseeable future and the Department has assured Council that there will be consultation with local water users should a decision be made to commence the planning process for these areas.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT Council note the advice of the Department of Infrastructure Planning and Natural Resources, as detailed in this report.


Water Reforms (Cont.)

Page 34


CARRIED


Page 35

10.2.6 RZ03-005 PROPOSED AMENDMENT TO MAITLAND LEP 1993 REZONING OF LOT 71 DP 573182, NO 66 RIVER ROAD, WINDELLA FROM 1(B) SECONDARY RURAL TO 1(C) RURAL SMALL HOLDINGS

File No: RZ 03-005

Attachments: (3) Locality Plan Draft Plan Strategic Planning Noise Contour Map

Responsible Officer: Peter Cameron Manager City Strategy

Author: Gary Hamer Town Planner

EXECUTIVE SUMMARY This report considers an application to rezone the above land from 1 (b) Secondary Rural to 1(c) Rural Small Holdings. The land is located north of Beacon Hill Road and east of Windella Downs Estate, as shown in the locality plan (Attachment 1). The site has been identified as “deferred” in Council’s adopted Urban Settlement Strategy pending the outcome of the Rutherford Aerodrome Noise Impact Study. The Strategic Planning Contour Map was presented to and endorsed by Council on 23 September 2003, which indicated that the subject site is located outside of the area where detailed noise assessment reports are required. Overall it is considered that the application has merit, generally being an extension and consolidation of the existing Windella Downs rural residential development. It is therefore recommended that Council resolve to prepare and exhibit a draft LEP for the site to provide an opportunity for further public comment and review of the draft plan.


1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council resolve to prepare and exhibit a draft local Environmental Plan to rezone Lot 71 DP 573182 from 1(b) Secondary Rural to 1(c) Rural Small Holdings.


RZ03-005 PROPOSED AMENDMENT TO MAITLAND LEP 1993 REZONING OF LOT 71 DP 573182, NO 66 RIVER ROAD, WINDELLA FROM 1(B) SECONDARY R (Cont.)

Page 36

2. Should no objections be received during the exhibition stage and should no issues be raised by relevant statutory authorities which may preclude adoption of the plan, Council resolve to submit the draft LEP to the Department of Infrastructure, Planning and Natural Resources in accordance with Section 68 of the Environmental Planning and assessment Act, 1979, with a request that the Minister make the plan.

Moved Clr Procter, seconded Clr Fairweather

CARRIED


Page 37

10.2.7 FEES & CHARGES

File No: P25621, P26392, P18901, 129/2, P16387, 12/2


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report recommends changes to the fees and charges structure for those community facilities that Council manages. A draft schedule of fees was placed on public exhibition for a twenty eight (28) day period and a final report is presented for Council’s consideration.

OFFICER RECOMMENDATION THAT the fees & charges printed within the report be adopted as part of Council’s Schedule of Fees & Charges for 2003/2004.

COUNCIL RESOLUTION THAT the matter be deferred for one month pending further information

Moved Clr Geoghegan, seconded Clr Keating

CARRIED


Page 38

10.2.8 GAMING MACHINE TAX

File No: 29/32


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report seeks Council’s support for Lgov to make representations to the Treasurer for the new gaming machine tax regime. Councils and Regional Aboriginal Land Councils have been asked to support the Associations’ position that the new gaming machine tax regime for clubs should be reversed in view of the potential social and economic impacts.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT Council support the Association’s position that the new gaming machine tax regime for clubs should be reversed in view of the potential social and economic impacts.


CARRIED


Page 39

10.2.9 MAITLAND TOWN HALL CONSERVATION MANAGEMENT PLAN

File No: PF33382

Responsible Officer: Judy Jaeger Manager Community and Recreation Services

Author: Clare James Heritage Officer

EXECUTIVE SUMMARY The purpose of this Report is to provide an outline of the Draft Conservation Management Plan prepared for the Maitland Town Hall, and to recommend its public exhibition for a period of three weeks.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT the Maitland Town Hall Draft Conservation Management Plan be placed on public exhibition for a period of three weeks, and reported back to Council for adoption.


CARRIED


Page 40

10.2.10 COUNCIL – POLICE PROTOCOL FOR ASSESSING DEVELOPMENT PROPOSALS

File No: 103/102

Attachments: (2) Consultation Protocol for Review of Development Proposals between Maitland City Council and NSW Police

'Crime prevention and the assessment of development applications' guidelines under section 79C of the Environmental Planning and Assessment Act 1979

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Frances Holz Community Safety Officer

EXECUTIVE SUMMARY Maitland City Council has previously expressed its support for the application of Crime Prevention Through Environmental Design (CPTED) principles in the assessment of development applications. It has also resolved previously to execute a consultation protocol between Council and NSW Police (Lower Hunter Local Area Command) for review of development proposals. The original draft protocol has been updated and is presented to Council for adoption. The original protocol, while adopted by Maitland Council in August 2001, was never formally accepted by NSW Police, but instead became a ‘test case’ for ultimately failed attempts by the NSW Police Legal Services Unit to negotiate a single CPTED consultation protocol with the Local Government and Shires Association. Personnel changes within the Lower Hunter Police Command, and within Council’s Service Planning and Regulation group further delayed attempts to formally establish the protocol.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT the General Manager sign and execute the Consultation Protocol for Review of Development Proposals between Maitland City Council and NSW Police on behalf of Maitland City Council


CARRIED


Page 41

10.2.11 CURFEW PROPOSAL FOR LATE NIGHT CBD VENUES

File No: 29/31

Responsible Officer: Judy Jaeger Manager Community and Recreation Services

Author: Frances Holz Community Safety Officer

EXECUTIVE SUMMARY Council resolved in August to hold discussions with the owners and management of the Valley Brewery and Clubhouse Hotel to negotiate a written agreement for the introduction of a 1am entry curfew at both venues, or if those talks failed to pursue its curfew objective through a complaint to the Liquor Administration Board. This report is to update Council on the outcome of those talks, and canvas a number of developments that have occurred since Council’s last resolution, including the inclusion of a 1am entry restriction as a condition of consent to the Valley Brewery’s trial extension of trading hours. The Clubhouse has also recently moved to introduce a trial 1am entry restriction, but only for 3 months.

OFFICER RECOMMENDATION THAT:

Council move to initiate a complaint to the Liquor Administration Board under Section 104 of the Liquor Act 1982 (‘quiet and good order of the neighbourhood’ provisions) and any other relevant legislation, seeking imposition of a 1am entry curfew condition on the liquor license of each venue for a minimum period of 12 months.

COUNCIL RESOLUTION THAT the matter be deferred for one month.

Moved Clr Geoghegan, seconded Clr Way

CARRIED


Page 42

10.2.12 HUNTER ESTUARY PROCESSES STUDY

File No: 55/8

Attachment (1) Hunter Estuary Processes Study Flow Chart

Responsible Officer: David Simm Manager Environmental Programs

Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY The final draft Hunter Estuary Processes Study has been completed in accordance with the Hunter Estuary Management Program, a collaborative program between Maitland City Council, Newcastle City Council, Port Stephens Council and the NSW Government that will lead to the development of an Estuary Management Plan for the Hunter River. The Hunter Estuary Process Study represents the first of a three stage process of the of the Hunter Estuary Management program that has been initiated under the NSW Estuary Management Program. An outline of the NSW Estuary Management Plan is included as Attachment A. The Study provides information on the baseline condition of the Estuary to be used in the development the Estuary Management Study and Plan through identifying and documenting the current knowledge on the physical, chemical and biological condition of the estuary and related processes and interactions. The study area for the project is defined by the tidal limits of the Hunter River and its tributaries extending from the mouth of the river to the Seaham weir on the Williams River, to Gostwyck on the Paterson River and Oakhampton on the Hunter River.


1. The Hunter Estuary Processes Study be received as a technical report.

2. Copies of the study be placed in all Council libraries and be made available to the public as a resource document.


CARRIED


Page 43

10.2.13 REVIEW OF ROAD SAFETY STRATEGIC PLAN - APPROVAL FOR PUBLIC EXHIBITION

File No: 140/16

Attachments: (1) Maitland City Council Road Safety Strategic Plan - Revised June 2003

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY A review and update of Council’s Road Safety Strategic Plan has been completed as per the Management Plan requirements. Approval is sought for the revised document to be placed on exhibition for public comment prior to being adopted by Council.


1. The Road Safety Strategic Plan be placed on exhibition for a period of 28 days for public comment.

2. A further report be presented to Council upon completion of the exhibition period.

Moved Clr Dark, seconded Clr Way

CARRIED


Page 44

10.2.14 THIRD CROSSING OF THE HUNTER RIVER AT MAITLAND

File No: 122/940


Author: Chris James Infrastructure Planning Engineer

EXECUTIVE SUMMARY This report details the current status of the planning for a new bridge crossing of the Hunter River in the Maitland /Morpeth area. As part of the planning process the RTA has commenced community consultation. As a key stakeholder Council is also actively involved in the consultation process and will have an on going participation in the planning and development of the project.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this report be noted.

Moved Clr Dark, seconded Clr Way

CARRIED


Page 45

10.2.15 MORPETH NEW YEAR'S EVE CELEBRATIONS 2003 - TEMPORARY ROAD CLOSURES

File No: 122/944/3

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY Council has received an application from Hunter River Country Tourism for the temporary road closure of Swan Street Morpeth and one lane of Morpeth Bridge on the evening of Wednesday the 31st December 2003 to hold a New Years Eve celebration. Two fireworks displays will take place, starting at 9.00 p.m. and 12 midnight respectively, both lasting for 30 minutes. The proposed closure was advertised for public comment in the Maitland Mercury (in accordance with the requirements of the Roads Act, 1993) and was considered by the Local Traffic Committee for consideration. This proposal is now referred to Council for final approval in accordance with the terms of the Delegation of Authority by the Roads and Traffic Authority in respect to temporary road closures.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION THAT Approval be granted for the temporary road closure (to through traffic) of Swan Street Morpeth between Tank Street and Northumberland Street from 6.00p.m. on the 31st December 2003 to 1.00 a.m. on the 1st January 2004, and the temporary closure of the northbound lane of Morpeth Bridge for the periods 9.00 p.m. to 9.30 p.m. and 12 midnight to 1.30 a.m., subject to the conditions set out by the Local Traffic Committee as detailed in the following report.


CARRIED


11 REFERRED COMMITTEE REPORTS

Nil

Page 46


12 NOTICE OF MOTION/RESCISSION

12.1 CENTRAL MAITLAND REFERENCE GROUP NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER

FILE NO: 103/4/14


Author: Ray Fairweather Councillor

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Council of Council on 28 October 2003, as follows: That the Maitland City Centre Reference Group meet to bring members of that Group up to date with progress of approved works associated with improvements to the Maitland Central Business District and discussion on the next stage of improvement works, ie: 1. The meeting take place within 14 days as of this date (28.10.03); 2. The delay in erecting previously approved signage be placed on the agenda

for discussion; 3. The Reference Group investigate the possibility of "Destination Parking" and

other forms of parking within the Mall after 5.00 pm each day; 4. Discuss the possibility of classified light vehicles using the Mall after 5.00 pm

each day (Police, Taxis, Security and Blue Ribbon Light Buses). PROCEEDINGS IN BRIEF A motion was moved that the Notice of Motion be carried. (Moved Clr Fairweather, seconded Clr Leverence) An amendment was moved that the Notice of Motion be moved with the exception that Point 1 read as follows: 1. The meeting take place by the end of November 2003. (Moved Clr Geoghegan, seconded Clr Way)

The amendment was then put to the meeting and declared carried and on becoming the motion was also declared carried.

Page 47


PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS AVENUE, LARGS (Cont.)

COUNCIL RESOLUTION THAT the Maitland City Centre Reference Group meet to bring members of that Group up to date with progress of approved works associated with improvements to the Maitland Central Business District and discussion on the next stage of improvement works, ie: 1. The meeting take place by the end of November 2003; 2. The delay in erecting previously approved signage be placed on the

agenda for discussion; 3. The Reference Group investigate the possibility of "Destination Parking"

and other forms of parking within the Mall after 5.00 pm each day; 4. Discuss the possibility of classified light vehicles using the Mall after

5.00 pm each day (Police, Taxis, Security and Blue Ribbon Light Buses). Moved Clr Geoghegan, seconded Clr Way

CARRIED

Page 48


Page 49

12.2 MAITLAND CITY COUNCIL PROPERTY PORTFOLIO GROUP NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER

FILE NO: 12/32/14


Author: Ray Fairweather Councillor

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Council of Council on 28 October 2003, as follows: That Maitland City Council Property Portfolio Group meet within 14 days of this date to progress/complete the task of reviewing Council's property holdings and recommendation on disposal of surplus property.

COUNCIL RESOLUTION THAT Maitland City Council Property Portfolio Group meet within 14 days of this date to progress/complete the task of reviewing Council's property holdings and recommendation on disposal of surplus property.


CARRIED


13 QUESTIONS WITHOUT NOTICE

Nil

14 URGENT BUSINESS

14.1 MAITLAND REGIONAL GALLERY

Clr Fairweather raised a matter in relation to the Maitland Regional Gallery. COUNCIL RESOLUTION THAT the matter be dealt with in closed session (Confidential) of Council on the grounds of Section 10A(2)(a) of the Local Government Act 1993. Moved Clr Fairweather, seconded Clr Leverence

CARRIED

14.2 MAITLAND HARNESS CLUB

Clr Procter asked if Council could sponsor $5000 towards a feature Race for the Maitland Harness Racing Club in January 2004 as a marketing exercise. COUNCIL RESOLUTION THAT Council sponsor a feature race in January 2004 for the Maitland Harness Racing Club in the sum of $5000 and that this amount be an addition to the 2003/2004 Budget. Moved Clr Procter, seconded Clr Rolls

CARRIED

14.3 CUSTOMER REQUEST SYSTEM

Clr Way asked for a report on the Customer Service Requests. COUNCIL RESOLUTION THAT a report be brought back to Council on the Customer Service Request System. Moved Clr Way, seconded Clr Garnham

CARRIED

Page 50


15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS AVENUE, LARGS

File No: 03-1783



EXECUTIVE SUMMARY At the Approvals & Regulatory Meeting of 12 August 2003, Council approved a 69 Lot Subdivision at Largs Avenue, Largs. An area of 2,674 m2 adjoining the existing Largs Hall was identified for future community use (car park). This report deals with the negotiation between the vendor and Council, with the recommendation that the General Manager be able to negotiate and report back to Council.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section10A(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.

NOTE

Item WITHDRAWN - See Item 8.

Page 51


Page 52

15.2 DRAFT THREATENED SPECIES RECOVERY PLAN

File No: 95/2



EXECUTIVE SUMMARY The NSW National Parks and Wildlife Service (NPWS) have recently completed a draft Recovery Plan in accordance with the Threatened Species Conservation Act, 1995. The Service has requested that Council comment on and endorse the actions contained within the draft Plan before it is placed on Public Exhibition. It is proposed that Council determine its position regarding the endorsement of the plan in a closed meeting in accordance with Section 10A(2)(e) of the Local Government Act, 1993.

COMMITTEE 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.


CARRIED


15.3 LD00623 - RESIDENTIAL DEVELOPMENT - ANAMBAH HOMES PTY LTD - RUTHERFORD

File No: LD00623


Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report relates to a developer request for compensation for open space required as a condition of development consent.


• (e) Information that would, if disclosed, prejudice the maintenance of law.


CARRIED

Page 53


Page 54

15.4 LATE REPORT MAITLAND CBD - RIVERBANK PROJECT

File No: 103/105

Responsible Officer: Brad Everett Service Planning & Regulation


EXECUTIVE SUMMARY The report proposes the acquisition of a small portion of land to facilitate a section of pathway in the Riverbank Project.


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


CARRIED


Page 55

15.5 LATE REPORT COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA

File No: P38525



EXECUTIVE SUMMARY This report relates to an approach received for the purchase of a small residue parcel of Council land at the Rutherford Industrial area.


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


CARRIED


15.6 LATE REPORT CONSIDERATION OF TENDERS - CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY

File No: 137/964


Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Maitland City Council has proposed the construction of a new branch Library at East Maitland. The facility is to have a floor area of approximately 900m2 and include stack area, computer room, reading areas, meeting room and public toilets. Tenders have been called for these works and are presented for Council's consideration and determination. The tenders are being reported to Committee of the Whole as they contain 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)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it


CARRIED

Page 56


Page 57

16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16.1 PURCHASE OF PROPOSED LOTS 11, 12 & 13 OFF LARGS AVENUE,

LARGS

NOTE THIS ITEM WAS WITHDRAWN


Page 58

16.2 DRAFT THREATENED SPECIES RECOVERY PLAN

File No: 95/2



EXECUTIVE SUMMARY The NSW National Parks and Wildlife Service (NPWS) have recently completed a draft Recovery Plan in accordance with the Threatened Species Conservation Act, 1995. The Service has requested that Council comment on and endorse the actions contained within the draft Plan before it is placed on Public Exhibition. It is proposed that Council determine its position regarding the endorsement of the plan in a closed meeting in accordance with Section 10A(2)(e) of the Local Government Act, 1993.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council endorse the Green and Golden Bell Frog Draft Recovery Plan.


CARRIED


16.3 LD00623 - RESIDENTIAL DEVELOPMENT - ANAMBAH HOMES PTY LTD - RUTHERFORD

File No: LD00623



EXECUTIVE SUMMARY This report relates to a developer request for compensation for open space required as a condition of development consent.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Anambah Homes Pty Ltd be advised in accordance with the detail contained in the conclusion of this Report

Moved Clr Leverence, seconded Clr Garnham CARRIED

Page 59


16.4 LATE REPORT MAITLAND CBD - RIVERBANK PROJECT

File No: 103/105

Responsible Officer: Brad Everett Service Planning & Regulation


EXECUTIVE SUMMARY The report proposes the acquisition of a small portion of land to facilitate a section of pathway in the Riverbank Project.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the General Manager be authorised to negotiate a proposal for the purchase of the land identified in this report and submit the proposal to Council for consideration.

Moved Clr Fairweather, seconded Clr Way CARRIED

Page 60


Page 61

16.5 LATE REPORT COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA

File No: P38525



EXECUTIVE SUMMARY This report relates to an approach received for the purchase of a small residue parcel of Council land at the Rutherford Industrial area.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the General Manager be authorised to negotiate the sale of this land as outlined in this report.

Moved Clr Fairweather, seconded Clr Dark CARRIED


Page 62

16.6 LATE REPORT CONSIDERATION OF TENDERS - CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY

File No: 137/964


Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Maitland City Council has proposed the construction of a new branch Library at East Maitland. The facility is to have a floor area of approximately 900m2 and include stack area, computer room, reading areas, meeting room and public toilets. Tenders have been called for these works and are presented for Council's consideration and determination. The tenders are being reported to Committee of the Whole as they contain confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council not accept any of the tenders for the construction of East Maitland Library and not invite fresh tenders as competitive tenders have been received and this process would not result in a lower tender amount;

2. Council enter into negotiations with R T Parker Pty Ltd and Cordukes Limited with a view to entering into a contract with one of these firms.

Moved Clr Way, seconded Clr Garnham

CARRIED


Page 63

16.7 URGENT LATE ITEM - MAITLAND REGIONAL GALLERY

COUNCIL RESOLUTION

THAT a report be brought back to the next meeting of Council on the naming of the Maitland Regional Gallery.

Moved Clr Fairweather, seconded Clr Geoghegan

CARRIED


Page 64

17 CLOSURE

The meeting was declared closed at 8.50 pm.

....................……............ ......……......................... General Manager Chairperson

Documents

MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES · 10/28/2003 · 10.1.2 payment of private works - the hunter river agricultural & horticultural association..... 17 10.1.3 presentation