maitland city council minutes 24 april 2001 · 11.2.1 hobart street, east maitland - claim by...

MAITLAND CITY COUNCIL

MINUTES

24 APRIL 2001

David Evans General Manager

COUNCIL MEETING MINUTES 24 APRIL 2001

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO PRESENT................................................................................................................... 1

1 INVOCATION.............................................................................................. 1

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

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

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 2

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

6 MAYORAL MINUTES ................................................................................. 3

7 PUBLIC ACCESS ....................................................................................... 3

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

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

9.1 ART GALLERY FIGURES ........................................................... 5

9.2 MAITLAND LIBRARY.................................................................. 6

9.3 STATUS REPORT ON CONSULTING ........................................ 7

9.4 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES - MARCH 2001 .................................................. 8

9.5 STATUS REPORT ON CONSTRUCTION WORKS .................... 9

9.6 BUSINESS & FINANCE............................................................. 10

9.7 GST RETURNS.......................................................................... 11

10 MAITLAND YOUTH COUNCIL ................................................................. 12

11 OFFICER'S REPORTS ............................................................................. 13

11.1 THE GENERAL MANAGER ...................................................... 13

11.1.1 VISITOR INFORMATION NETWORK QUALITY AUDIT............ 13

11.1.2 PROPERTY ADVISORY PANEL................................................ 14

11.2 COMMUNITY AND CORPORATE GROUP............................... 16


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11.2.1 HOBART STREET, EAST MAITLAND - CLAIM BY ADVERSE POSSESSION OF ADJOINING LAND ....................................... 16

11.3 BUSINESS AND FINANCE GROUP ......................................... 17

11.3.1 STATEMENT OF INVESTMENTS HELD AS AT 31 MARCH 2001 ........................................................................................... 17

11.4 PLANNING AND ENVIRONMENT GROUP............................... 18

11.4.1 CLEAN UP AUSTRALIA DAY 2001 ........................................... 18

11.4.2 FARM FORESTRY TRIAL AT EAST MAITLAND....................... 19

11.4.3 010106 SUBDIVISION OF ONE LOT INTO TWO UNDER SEPP 1, LOTS 5, 6 & PT 7 DP 1590, LOT B DP 407457 ON PROPOSED LOT 1002, 378 TOCAL ROAD MINDARIBBA. RECOMMENDATION: APPROVAL .......................................... 21

11.4.4 ROAD AND DRAINAGE WORKS ALLANDALE ROAD, ALLANDALE RECOMMENDATION: APPROVAL..................... 23

11.4.5 DRAFT LOCAL ENVIRONMENTAL PLAN TO AMEND MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 TO PERMIT THE SUBDIVISION OF LOT 142 DP 542920 - 717 NEW ENGLAND HIGHWAY LOCHINVAR INTO TWO (2) ALLOTMENTS AND THE ERECTION OF A DWELLING ON THE ADDITIONAL LOT CREATED............................................ 24

11.4.6 FOOTWAY DINING - THIS MATTER WAS WITHDRAWN ........ 26

11.4.7 2001 FLOODPLAIN MANAGEMENT CONFERENCE ............... 27

11.5 ASSET PLANNING AND MANAGEMENT GROUP .................. 28

11.5.1 BLACK SPOT PROGRAM FUNDING ........................................ 28

11.5.2 "MORPETH JAZZ FESTIVAL 2001" TEMPORARY ROAD CLOSURES AND ALTERED TRAFFIC CONDITIONS .............. 30

11.5.3 PETITION - F3 BRANXTON BYPASS ....................................... 31

11.5.4 PROPOSED LEASE OF CARPARK - 373 HIGH STREET MAITLAND ................................................................................. 33

11.5.5 FLOOD AND STORM DISASTER AREA DECLARATIONS NOVEMBER, 2000 AND MARCH, 2001 - THIS MATTER WAS REFERRED TO COMMITTEE OF THE WHOLE - RAY FAIRWEATHER/TONY KEATING.............................................. 34

11.5.6 LOCAL GOVERNMENT AND SHIRES ASSOCIATION OF NSW NATIONAL ROAD FUNDING CAMPAIGN........................ 35


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11.5.7 ROAD MAINTENANCE WORKS PROGRAM 2001/2002 .......... 36

11.5.8 COMPULSORY ACQUISITION LOT 144, DP 755237, TELARAH LAGOON................................................................... 37

11.5.9 RECREATION AND COMMUNITY BUILDINGS - ASSET MANAGEMENT.......................................................................... 39

11.5.10 RECREATION PLANNING SECTION 94 EXPENDITURE - 2000/2001 BUDGET................................................................... 40

12 REFERRED COMMITTEE REPORTS ...................................................... 41

13 NOTICE OF MOTION/RESCISSION......................................................... 41

13.1 NOTICE OF MOTION SUBMITTED BY COUNCILLOR BRIAN BURKE .......................................................................... 41

13.2 NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER ......................................................................... 42

13.3 NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE.............................................................................. 43

13.4 NOTICE OF MOTION SUBMITTED BY COUNCILLOR BOB GEOGHEGAN............................................................................ 44

13.5 NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER ......................................................................... 45

14 URGENT BUSINESS ................................................................................ 46

15 QUESTIONS WITHOUT NOTICE ............................................................. 46

16 COMMITTEE OF THE WHOLE................................................................. 47

16.1.1 SIROCCO CONCERT ................................................................ 47

16.1.2 RUTHERFORD SHOPPING CENTRE....................................... 48

16.1.3 POSITION OF TOWN CRIER .................................................... 49

16.1.4 MAITLAND GAOL MASTERPLAN ............................................. 50

16.1.5 ALLAN & DON LAWRANCE OVAL THORNTON, COMPULSORY ACQUISITION.................................................. 51

16.1.6 RUTHERFORD TENNIS COURTS ............................................ 52

16.1.7 CONSIDERATION OF TENDERS - CONSTRUCTION OF REPLACEMENT BRIDGE AT MCFARLANES ROAD................ 53

16.1.8 THORNTON TENNIS COMPLEX - PROPOSED LEASE........... 54


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17 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 55

OFFICER'S REPORTS ............................................................................................ 55

17.1 THE GENERAL MANAGER ...................................................... 55

17.1.1 SIROCCO CONCERT AT MAITLAND GAOL............................. 55

17.1.2 RUTHERFORD SHOPPING CENTRE....................................... 56

17.1.3 POSITION OF TOWN CRIER .................................................... 57

17.1.4 MAITLAND GAOL MASTERPLAN ............................................. 57

17.2 PLANNING AND ENVIRONMENT GROUP............................... 59

17.2.1 LOT 1538 DP 832922, ALLAN & DON LAWRENCE OVAL THORNTON, COMPULSORY ACQUISITION............................ 59

17.3 ASSET PLANNING AND MANAGEMENT GROUP .................. 59

17.3.1 RUTHERFORD TENNIS COURTS ............................................ 59

17.3.2 CONSIDERATION OF TENDERS - CONSTRUCTION OF REPLACEMENT BRIDGE AT MCFARLANES ROAD................ 61

17.3.3 THORNTON TENNIS COMPLEX - PROPOSED LEASE........... 62

17.3.4 (PREVIOUSLY 11.5.4) PROPOSED LEASE OF CARPARK - 373 HIGH STREET MAITLAND ................................................. 63

18 17.4.1 QUESTION WITHOUT NOTICE SUBMITTED BY CLR PROCTER................................................................................................. 64

19 CLOSURE................................................................................................. 64


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---------------------------------------General Manager ---------------------------------------------Mayor

PRESENT

Clr Peter Blackmore Clr Tony Keating 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 Ted Leverence

1 INVOCATION

Rev David Manning read the customary prayer at the commencement of the meeting.

2 APOLOGIES

COUNCIL RESOLUTION That the apology be received and leave of absence be granted for Clr Vicki Galea. Moved Clr Way Seconded Clr Leverence

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Burke declared a non pecuniary interest in Item 11.4.6 - Footway Dining (item was later withdrawn) Clr Humphery declared a pecuniary interest in Item 11.4.3 - Subdivision of one lot under SEPP 1, lots 5, 6 and Pt 7, Pt 7, DP 1590, Lot B DP 407457 on Proposed Lot 1002, 378 Tocal Road, Mindaribba Clr Humphey also declared and a non pecuniary interest in Item 16.1.4 - Maitland Gaol Masterplan


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4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 27 March 2001 be confirmed. Moved Clr Way Seconded Clr Garnham

CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil


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6 MAYORAL MINUTES

7 PUBLIC ACCESS Don Lawrence – speaking to Item 16.1.8 – Thornton Tennis Club COUNCIL RESOLUTION THAT an extension of time of 1 minute be granted to Mr Lawrence Moved Clr Way Seconded Clr Dark

CARRIED Brian Butt – speaking to Item 16.1.8 – Thornton Tennis Club COUNCIL RESOLUTION THAT an extension of time of 1 minute be granted to Mr Butt Moved Clr Procter Seconded Clr Leverence

CARRIED Zoltan Lyall – speaking to Item 16.1.8 – Thornton Tennis Club COUNCIL RESOLUTION THAT an extention of time of 1 minute be granted to Mr Lyall Moved Clr Geoghegan Seconded Clr Way

CARRIED Trudy-Ann Ward – speaking to Item 16.1.8 - Thornton Tennis Club COUNCIL RESOLUTION THAT an extention of time of 1 minute be granted to Ms Ward Moved Clr Humphery Seconded Clr Burke

CARRIED Bruce Copping – speaking for Item 13.3 - Notice of Motion submitted by Clr Leverence Graeme Holt – speaking for Item 13.3 - Notice of Motion submitted by Clr Leverence Mrs Pat O’Hearn – speaking for Item 13.5 – Notice of Motion submitted by Clr Fairweather


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Mr R. Gulliver – speaking for Item 13.5 – Notice of Motion submitted by Clr Fairweather

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Item11.4.6 – Footway Dining at 1/129 Swan St, Morpeth be withdrawn

Moved Clr Rolls Seconded Clr Leverence

CARRIED


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9 ITEMS FOR INFORMATION

9.1 ART GALLERY FIGURES

File No: 35/61

Responsible Officer: Henry Wilson Group Manager Community & Corporate

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.

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

Moved Clr Way Seconded Clr Burke

CARRIED


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9.2 MAITLAND LIBRARY

File No: 35/61

Attachments: (1) 1 - Library Statistics for March 2001


Author: Jean McBride Library Co-ordinator




CARRIED


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9.3 STATUS REPORT ON CONSULTING

File No: 122/939/93

Responsible Officer: Warwick Randall Group Manager Asset Planning & Management Author: Richard Minter

Manager Consulting

EXECUTIVE SUMMARY Status reports on the Capital Works projects within the Capital Works Program currently being managed by Consulting Services for the various program areas, are presented for Council's information.



CARRIED


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9.4 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES - MARCH 2001

FILE NO: 35/61


Author: Bronwyn Flinn Administration Services Unit

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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9.5 STATUS REPORT ON CONSTRUCTION WORKS

File No: 122/939/93

Responsible Officer: Wayne Cone Group Manager Operations

Author: Ian Wakem Manager Civil & Building Works Division

EXECUTIVE SUMMARY A report on the status of major construction works and projects within the 2000/2001 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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9.6 BUSINESS & FINANCE

File no: 35/61

Attachments: (1) 1 - Financial Statements

Responsible Officer: Graeme Tolhurst Group Manager Business & Finance

Author: Phil Freeman Expenditure Accountant



Moved Clr Fairweather Seconded Clr Way

CARRIED


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9.7 GST RETURNS

File No: 135/4/1


Author: Graeme Tolhurst Group Manager Business & Finance

EXECUTIVE SUMMARY This report addresses a number of Recreation and Community Hall Boards who have not presented any Goods and Services Returns for the year 2000.



CARRIED


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10 MAITLAND YOUTH COUNCIL

Nil


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11 OFFICER'S REPORTS

11.1 THE GENERAL MANAGER

11.1.1 VISITOR INFORMATION NETWORK QUALITY AUDIT

File No: 139/6

Responsible Officer: David Evans General Manager

Author: Roger Stephan Economic Development Co-ordinator

EXECUTIVE SUMMARY The purpose of this report is to inform Council of the outcomes of the recent quality audit of the Maitland Visitor Information Centre.


Moved Clr Leverence Seconded Clr Rolls

CARRIED


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11.1.2 PROPERTY ADVISORY PANEL File No: 103/8 Responsible Officer: David Evans

General Manager


EXECUTIVE SUMMARY The purpose of this report is to recommend the formation of a Property Advisory Panel. The report has been prepared in response to representation from a number of Councillors in relation to council’s assets – particularly land and buildings – and the need to assess these assets in terms of their sale or retention. For the purposes of this report, “property” includes land and or buildings, and which in the main, are classified as “operational”, giving the council a saleable interest in the property.

The formation of the Panel will facilitate a strategic and structured approach to the management of Council’s surplus properties.

Recommendations by the Panel in relation to property classified as “community” will be subject to determination by Council as to the ongoing need for the property for community purposes. Statutory processes triggered by any future Council resolution to pursue the reclassification of a site from “community” to “operational” will be strictly adhered to and will involve comprehensive community consultation.

OFFICER'S RECOMMENDATION THAT: 1. Council establish a Property Advisory Panel comprising the Mayor, four

Councillors, the General Manager, Group Manager Community & Corporate and Economic Development Co-ordinator.

2. The Panel investigate the possible rationalisation of some Council owned land or buildings by sale.

3. The Panel through the Economic Development Co-ordinator be authorised to seek expert advice with the view to maximising the sale price of any asset.

4. The Panel report periodically to Council with its recommendations.

Moved Clr Humphery Seconded Clr Leverence

CARRIED PROCEEDINGS IN BRIEF Nominations were called for Councillors to sit on the Panel


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Clrs Keating, Garnham, Humphery, Fairweather and Rolls were nominated. Following a secret ballot the Councillors listed below were nominated to the position Clrs Keating, Garnham, Humphery and Fairweather. COUNCIL RESOLUTION THAT: 5. Council establish a Property Advisory Panel comprising the Mayor, Clrs

Keating, Garnham, Humphery and Fairweather, the General Manager, Group Manager Community & Corporate and Economic Development Co-ordinator.

Moved Clr Humphery Seconded Clr Garnham

CARRIED


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11.2 COMMUNITY AND CORPORATE GROUP

11.2.1 HOBART STREET, EAST MAITLAND - CLAIM BY ADVERSE POSSESSION OF ADJOINING LAND

File No: 222/279

Attachments (1): Site Plan

Responsible Officer: Henry Wilson Group Manager, Community and Corporate

Author: Kevin Stein Design Co-ordinator

EXECUTIVE SUMMARY The report deals with claim by adverse possession against land in which Council has an interest.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council not lodge a caveat and the report be noted.

Moved Clr Fairweather Seconded Clr Leverence

CARRIED


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11.3 BUSINESS AND FINANCE GROUP

11.3.1 STATEMENT OF INVESTMENTS HELD AS AT 31 MARCH 2001

File No: 82/2


Author: Jon Dundas Manager Revenue & Information Technology

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


Moved Clr Dark Seconded Clr Garnham

CARRIED


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11.4 PLANNING AND ENVIRONMENT GROUP

11.4.1 CLEAN UP AUSTRALIA DAY 2001

File No: 61/6

Responsible Officer: Brad Everett Group Manager Planning & Environment

Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY Maitland City Council co-ordinated a successful Clean Up Australia Day Campaign in Maitland on Sunday, 4 March 2001. Council has been involved with the program since 1990. A total of thirty (30) sites were registered with approximately 3 000 volunteers participating in the clean up. Local Schools, Service groups and businesses supervised the sites. In addition to this, Council staff participated in a pilot ‘cleaning up the neighbourhood’ program that linked the traditional ‘clean-up’ with a wider community service role. Over six and a half (6.5) tonnes of rubbish was collected from the Clean Up sites in Maitland. A large proportion of the waste, by volume, were drink containers, cigarette butts and garden waste.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council continues 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.

Moved Clr Rolls Seconded Clr Geoghegan

CARRIED


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11.4.2 FARM FORESTRY TRIAL AT EAST MAITLAND

File No: 55/4

Attachments: (1) Site Plan


Author: Lana Collison Landcare Coordinator

EXECUTIVE SUMMARY The purpose of this report is to advise that Council has been successful in an application to be involved in a Farm Forestry Trial at East Maitland Common, in association with Earthcare Park & Education Centre Inc. and Greening Australia. The report contains details of the Farm Forestry Trial, including the purpose of the trial, ongoing maintenance requirements and financial implications. The Farm Forestry Trial will take place at East Maitland Common on Metford Road. The site is Crown Land owned by the Department of Land & Water Conservation and managed and controlled by Council, zoned 6(a) public recreation. The site is currently being environmentally regenerated by the Landcare group Earthcare Park & Education Centre Incorporated. In 1996 the group gained ‘in principle’ support from Council to undertake improvements to the site. The Department of Land & Water Conservation have given their initial support for the Farm Forestry project and will be consulted as the necessary approvals and agreements are finalised. The Farm Forestry Trial will be 1 hectare in size, located near Tenambit Wetland, as shown in Attachment 1. The planting will be comprised of 800 trees, which will all be local native species. Council’s financial contribution to the project is estimated to be around $300 annually to cover site preparation, slashing and maintenance. This funding is available under the current Landcare budget. The project is consistent with the objectives in Council’s Corporate and Management Plans, and it is therefore recommended that Council support the initiative.


Page 20


OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. That Maitland City Council provide support and assistance to the Farm Forestry trial as detailed in this report.

2. Funds required for the project be provided from the 2000/2001 budget.

Moved Clr Rolls Seconded Clr Geoghegan

CARRIED


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Note: Clr Humphery left the room 6.15pm as he had declared a pecuniary interest in this item. 11.4.3 010106 SUBDIVISION OF ONE LOT INTO TWO UNDER SEPP 1, LOTS 5, 6

& PT 7 DP 1590, LOT B DP 407457 ON PROPOSED LOT 1002, 378 TOCAL ROAD MINDARIBBA. RECOMMENDATION: APPROVAL

File No: 010106

Attachments: (2) Locality Plan Site Plan

Responsible Officer: Alison McGaffin Manager Development Services

Author: Belinda Smith Town Planner

APPLICANT: AER INVESTMENTS PROPOSAL: SUBDIVISION OF ONE LOT INTO TWO – (SEPP

NO.1) LOCATION: 378 TOCAL ROAD MINDARIBBA ZONE: 1(A) PRIME RURAL LAND

1(B) SECONDARY RURAL LAND

EXECUTIVE SUMMARY Development consent is sought from Council for the subdivision of one lot into two at 378 Tocal Road, Mindaribba under the provisions of SEPP No. 1. The subject land is zoned 1(a) Prime Rural Land and 1(b) Secondary Rural Land under Maitland Local Environmental Plan 1993. The development standards contained in Clause 11 of Maitland Local Environmental Plan (LEP) 1993 preclude the subdivision of land to create allotments of less than 40 ha in either the 1(a) Prime Rural Land and 1(b) Secondary Rural Land zone and as such, an objection under SEPP 1 has been lodged to vary this numerical standard. The proposed variation to the standard is minor, being 10 % of the numerical development standard, and in determining the application Council may assume the Director’s concurrence. The creation of an additional allotment under this provision is considered acceptable for this site and it is therefore recommended that the development application be approved.


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OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT 010106 for the Subdivision of proposed Lot 1002 (DA 990147) 378 Tocal Road, Mindaribba into two (2) lots be approved subject to the conditions of consent set out in the attached schedule.

Moved Clr Way Seconded Clr Garnham

CARRIED Note: Clr Humphery returned at 6.23pm to the meeting


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11.4.4 ROAD AND DRAINAGE WORKS ALLANDALE ROAD, ALLANDALE RECOMMENDATION: APPROVAL

File No: 010380

Attachments: (3) Locality Plan General terms of approval Submissions


Author: Stuart Holle Development and Subdivision Engineer

Applicant: Rail Access Corporation

Proposal: Road and Drainage Works

Location: Allandale Road, Allandale

Zone: 1(b) Secondary Rural Land

EXECUTIVE SUMMARY Development consent is sought from Council for Road and Drainage Works at Allandale in the vicinity of the Rail Bridge over Allandale Road. The subject land is zoned 1(b) Secondary Rural Land under Maitland Local Environmental Plan, 1993. The works proposed are ancillary to a Utility Undertaking, being the replacement of the Allandale Rail Bridge in Cessnock City Council. The works are a permissible form of development in the 1(b) Secondary Rural Land Zone with Council consent and are not inconsistent with the objectives of the zone.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Integrated Development Application No. 010380 for Road and Drainage Works on Part Portion 66 DP 755211 and lot 21 on DP 136044 Allandale Road and within the road reserve of Allandale Road be approved subject to receipt of the written approval of the Rail Access Corporation to the conditions of consent as set out in the attached Schedule. Moved Clr Geoghegan Seconded Clr Way

CARRIED


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11.4.5 DRAFT LOCAL ENVIRONMENTAL PLAN TO AMEND MAITLAND LOCAL

ENVIRONMENTAL PLAN 1993 TO PERMIT THE SUBDIVISION OF LOT 142 DP 542920 - 717 NEW ENGLAND HIGHWAY LOCHINVAR INTO TWO (2) ALLOTMENTS AND THE ERECTION OF A DWELLING ON THE ADDITIONAL LOT CREATED

File No: RZ01001

Attachments: (2) Locality Plan Government Authority Submissions


Author: Greg Clayden Town Planner

EXECUTIVE SUMMARY On 30 January 2001, the Approvals and Regulatory Committee considered a report advising of the decision by the Department of Urban Affairs and Planning not to grant concurrence to the applicant’s SEPP No.1 submission associated with an application for two (2) lot subdivision originally submitted to Council on 28 November 2000. At that time, the Committee resolved to prepare and exhibit a draft local environmental plan to amend Maitland LEP 1993 so as to permit the subdivision of Lot 142 DP 542920 – 717 New England Highway Lochinvar into two lots and the erection of a dwelling-house on the vacant lot created.

In accordance with the Committee’s resolution, notification under section 54 of the Act was forwarded to the Department of Urban Affairs and Planning seeking the issue of a section 65 certificate to enable Council to place the draft LEP on public exhibition.

In response to this request, the Department has advised that a s65 certificate will not be issued pending completion of Council’s Rural Strategy and, as such, Council is unable to proceed to place the draft Local Environmental Plan on public exhibition in accordance with the Act.

OFFICER'S RECOMMENDATION THAT the advice from the Department of Urban Affairs & Planning in relation to application (RZ 01001) to amend Maitland LEP 1993 to permit the subdivision of Lot 142 DP 542920 into two (2) lots be received and noted.


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COUNCIL RESOLUTION

THAT

1. The advice from the Department of Urban Affairs & Planning in relation to application (RZ 01001) to amend Maitland LEP 1993 to permit the subdivision of Lot 142 DP 542920 into two (2) lots be received and noted.

2. Report back to Council identifying what additional resources are required to expedite/complete the rural study.


CARRIED


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11.4.6 FOOTWAY DINING - THIS MATTER WAS WITHDRAWN

FILE NO: PR40167


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11.4.7 2001 FLOODPLAIN MANAGEMENT CONFERENCE

FILE NO: 103/64

Responsible Officer: Brad Everett Group Manager Planning and Environment

Author: Leanne Harris Environmental Strategist

Executive Summary The annual Floodplain Management Conference is being held in Wentworth from the 8th to the 11th May 2001. This report is presented to the Council to recommend that one (1) Councillor attend the conference.

OFFICER'S RECOMMENDATION THAT Council resolve to nominate one (1) Councillor to attend the annual Floodplain Management Conference over the 8th to 11th May 2001, in Wentworth.

A motion was moved that Clr Humphery attend the conference.

COUNCIL RESOLUTION

THAT Council nominate Councillor Humphery to attend the annual Floodplain Management Conference over the 8th to 11th May 2001, in Wentworth.

Moved Clr Burke Seconded Clr Way

CARRIED


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11.5 ASSET PLANNING AND MANAGEMENT GROUP

11.5.1 BLACK SPOT PROGRAM FUNDING

FILE NO: 140/16

Responsible Officer: WARWICK RANDALL GROUP MANAGER, ASSET PLANNING AND MANAGEMENT

Author: RICHARD MINTER MANAGER CONSULTING

EXECUTIVE SUMMARY Councils are being urged by the Local Government and Shires Associations, to write to their local Members of Parliament expressing support for the Federal Road Safety Black Spot Program as it is understood that the program is funded only until the end of the 2001/2002 financial year.

It has been announced that Maitland City Council has been successful in gaining a grant of funding under this scheme, for traffic calming facilities in High Street, Maitland between Abbott and Ken Tubman Drive to a value of $300,000.

OFFICER'S RECOMMENDATION THAT Council write to the local Members of Federal Parliament expressing support for the Federal Road Safety Black Spot Program and a desire that this program be continued for a further 3 years from July 2002.

PROCEEDINGS IN BRIEF

A motion was moved that the Officer's Recommendation be adopted with the inclusion of 2 to read as follows.

2. Council make application to the Minister to redirect funding to Tocal Rd/Paterson Rd intersection. (Clrs Fairweather/Leverence)

The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION

THAT

1. Council write to the local Members of Federal Parliament expressing support for the Federal Road Safety Black Spot Program and a desire that this program be continued for a further 3 years from July 2002.


Page 29


2. Council make application to the Minister to redirect funding to Tocal Road/Paterson Road intersection.


CARRIED


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11.5.2 "MORPETH JAZZ FESTIVAL 2001" TEMPORARY ROAD CLOSURES AND ALTERED TRAFFIC CONDITIONS

FILE NO: 122/944


Author: JOHN CAREY TRAFFIC OFFICER

EXECUTIVE SUMMARY This report details an application made by the Morpeth Jazz Festival Committee to temporarily close various streets in Morpeth for the “Jazz Festival 2001”. The application was advertised for comment and submitted to the Local Traffic Committee (LTC) for consideration. The LTC has recommended that the temporary closures proceed and that certain traffic management and parking arrangements be implemented along with the closures.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Permission to temporarily close various streets in Morpeth (to vehicular traffic only), for the purposes of conducting the 'Morpeth Jazz Festival 2001" be granted as follows:

a. 9.00 a.m. Saturday, 19th May, 2001 to 6.00 p.m. Sunday, 20th May, 2001

• Swan Street - Tank Street to Northumberland Street

• Berkley Street - Swan Street to Close Street

• Green Street - Swan Street to Close Street

2. Temporary "No Right Turn" restrictions be installed in High Street at Tank Street;

3. The conditions and kerbside restrictions recommended by the Local Traffic Committee be approved.

Moved Clr Way Seconded Clr Leverence

CARRIED


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11.5.3 PETITION - F3 BRANXTON BYPASS

FILE NO: 122/906/3

Responsible Officer: WARWICK RANDALL GROUP MANAGER ASSET PLANNING & MANAGEMENT

Author: DALE DICKEY SENIOR TRAFFIC OFFICER

EXECUTIVE SUMMARY Council has received a petition, forwarded by Mr. Kerry Hickey MP Member for the Electorate of Cessnock, bearing 45 signatures (28 signatures from residents within Council’s Local Government area) requesting commencement of work on the F3 – Branxton Bypass. The petition states that residents are being adversely affected by the increasing volume of traffic along the New England Highway, especially B-Double trucks.

OFFICER'S RECOMMENDATION THAT Council forward correspondence to the Federal and State Governments, through the local members of parliament, bringing to their attention the increasing impact of the New England Highway traffic on residents along the highway, and seeking a commitment to the construction of the Weakleys Drive interchange firstly and then the F3 Extension.


A motion was moved that the recommendation be adopted with the inclusion of 2 as follows.

2. Similar petitions be treated in the same way. (Clrs Keating & Burke) The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION

THAT

1. Council forward correspondence to the Federal and State Governments, through the local members of parliament, bringing to their attention the increasing impact of the New England Highway traffic on residents along the highway, and seeking a commitment to the construction of the Weakleys Drive interchange firstly and then the F3 Extension.

COUNCIL MEETING MINUTES 24 APRIL 2001 PETITION - F3 BRANXTON BYPASS (Cont.)

Page 32


2. Similar petitions be treated in the same way

Moved Clr Keating Seconded Clr Burke

CARRIED


Page 33


11.5.4 PROPOSED LEASE OF CARPARK - 373 HIGH STREET MAITLAND

FILE NO: P17283



COUNCIL RESOLUTION THAT this item be discussed in Committee of the Whole

Moved Clr Humphery Seconded Clr Keating

CARRIED


Page 34


11.5.5 FLOOD AND STORM DISASTER AREA DECLARATIONS NOVEMBER, 2000 AND MARCH, 2001 - THIS MATTER WAS REFERRED TO COMMITTEE OF THE WHOLE - RAY FAIRWEATHER/TONY KEATING

FILE NO: 131/4


Author: CHRIS McGRATH ASSET ENGINEER

EXECUTIVE SUMMARY The Maitland Local Government Area was declared a disaster area after widespread flooding on the east coast of New South Wales, in November, 2000 and more recently the storm event in March, 2001. These declarations enable Council to claim for damages on road infrastructure due to the flooding from these storm events. These claims are administered by the Roads and Traffic Authority and are assessed by them for approval. Council has been granted a total amount of $135,520 for repair of damages resulting from the November 2000 event, and is currently compiling a claim for damages resulting from the March 2001

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Council accepts the grant of up to $135,520 for repair of damages resulting from the November 2000 flooding event, in accordance with the standard conditions for declared natural disaster funding outlined in the RTA Yellow book.

2. Council notes the intention to claim for damages resulting from the March 2001 storm event.


CARRIED


Page 35


11.5.6 LOCAL GOVERNMENT AND SHIRES ASSOCIATION OF NSW NATIONAL ROAD FUNDING CAMPAIGN

FILE NO: 32/18



EXECUTIVE SUMMARY The ALGA Executive has resolved to undertake a revised National Road Funding Campaign to increase federal road funding, further to the announcement of increased road funding in November, 2000. The campaign will principally aim to achieve doubling of existing road funding levels over the next ten years. Contributions are being sought from NSW Councils calculated according to the LGSA subscriptions which recognises the differing financial capacities of Councils. Maitland City Council's contribution to the campaign is $1,553.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council contribute $1,553.00 to the ALGA to assist in the Nationwide Campaign to increase funding on roads.


CARRIED


Page 36


11.5.7 ROAD MAINTENANCE WORKS PROGRAM 2001/2002

FILE NO: 122/953

ATTACHMENTS: (3) DEVELOPMENT OF A TEN YEAR ROAD MAINTENANCE STRATEGIC PROGRAM WORKS PROGRAM 2001/2002 THREE YEAR WORKS PROGRAM INDICATIVE LIST

Responsible Officer: WARWICK RANDALL

GROUP MANAGER, ASSET PLANNING AND MANAGEMENT


EXECUTIVE SUMMARY Last financial year saw the first road maintenance rolling works program based on the development of the ten year road maintenance strategy for the City's road network. This strategy was developed using the software developed by the Snowy Mountains Engineering Corporation, namely the Pavement Management System (PMS), which has the capacity to model road pavement deterioration over twenty-five years ahead as well as using a whole of life costing and scenario comparison. The 2001/2002 rolling works program has now been developed after following the processes of information gathering, data input, modelling appropriate scenarios, and inspection to provide the best possible combination of road candidates for treatment in the coming financial year.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council adopt the 2001/2002 road maintenance program, developed in accordance with the principles of Council’s ten year road maintenance strategy plan as presented in the report.

Moved Clr Way Seconded Clr Rolls

CARRIED


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11.5.8 COMPULSORY ACQUISITION LOT 144, DP 755237, TELARAH LAGOON

FILE NO: P.31935


Author: DAVID BORTFELD RECREATION PLANNING CO-ORDINATOR

EXECUTIVE SUMMARY This report deals with the proposal to purchase land using compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991. The Telarah Lagoon Reserve was purchased by Council in 1998 to offer greater opportunities for recreation. Since that purchase, Council has engaged in minor beautification works in order to increase patronage and lift the profile of the area. One of the major attractions for this reserve is the water body, which remains in private ownership. Landscape plans have been prepared with proposals that improve access, increase the interpretative value of the reserve and enhance the environmental elements of the lagoon. A high proportion of these works focus on the water body. Efforts have been made to purchase the water body with little success. It is considered essential for Council to purchase the remaining water component of the reserve in order to allow development of the full potential of the site as a community asset. As attempts to purchase the land through mutual agreement have failed, purchase under the Land Acquisition (Just Terms Compensation) Act, 1991 is the only appropriate course of action.

OFFICER'S RECOMMENDATION THAT Council pursue the purchase of Lot 144 DP 755237 through compulsory acquisition as outlined in the Land Acquisition (Just Terms Compensation) Act, 1991.


A motion was moved that the matter be deferred to allow further negotiations (Clrs Fairweather/Keating) The motion was then put to the meeting and declared carried.

COUNCIL MEETING MINUTES 24 APRIL 2001 COMPULSORY ACQUISITION LOT 144, DP 755237, TELARAH LAGOON (Cont.)

Page 38


COUNCIL RESOLUTION

THAT the matter be deferred to allow further negotiations

Moved Clr Fairweather Seconded Clr Keating

CARRIED


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11.5.9 RECREATION AND COMMUNITY BUILDINGS - ASSET MANAGEMENT

FILE NO: 101/30

ATTACHMENTS: (2) RECREATION BUILDINGS - PRIORITY WORKS 2001/2002 RECREATION PRIORITY LIST - ALL

Responsible Officer: Warwick Randall Group Manager, Asset Planning and Management

Author: Chris McGrath Asset Engineer

EXECUTIVE SUMMARY This report deals with the asset management of all community and recreation buildings (including grandstands associated with sporting fields). The report offers a snap shot of the condition of its buildings and identifies strategies available to provide and maintain a satisfactory level of service for these facilities. The resulting programme of works identified recommends priorities for works based on immediate needs (priority 1), short term (priority 2), medium term (priority 3) and routine maintenance requirements. The priority 1 works have been estimated at $295,000. The remaining priorities are to be placed onto Council's building maintenance program for budget and maintenance recommendations in addition to the outlined strategy. OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT: 1. Council notes the prioritised program for maintenance works for the

community and recreation buildings;

2. Council adopts in principle the strategy outlined in this report for maintaining these facilities in an appropriate condition;

3. A further report be presented to Council outlining proposed 10 year rolling maintenance and repair program for all community and recreation buildings.

Moved Clr Garnham Seconded Clr Geoghegan

CARRIED


Page 40


11.5.10 RECREATION PLANNING SECTION 94 EXPENDITURE - 2000/2001 BUDGET

FILE NO: 101/30


Author: DAVID BORTFELD RECREATION PLANNING CO-ORDINATOR

EXECUTIVE SUMMARY This report deals with the current allocation of $151,000 for Sporting Field Improvements within the Recreation Planning's 2000/01 budget. This funding is from Section 94 and is a legacy of past budgeting practices. Due to the substantial Section 94 programme identified outside the Sporting Field Improvement funding, the appropriate expenditure of these funds was questioned. It is considered necessary to adequately identify Section 94 expenditure to ensure distribution of resources. Council is currently reviewing the 2001/02 proposed Section 94 expenditure program. It is recommended that the remaining funds in the Sporting Field Improvements budget be returned to the Section 94 account to be distributed in line with future allocations.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the remaining funds identified as Sporting Field Improvements be returned to the Section 94 account for distribution in accordance with future Recreation Section 94 Expenditure Programs.


CARRIED

COUNCIL MEETING MINUTES 24 APRIL 2001 RECREATION PLANNING SECTION 94 EXPENDITURE - 2000/2001 BUDGET (Cont.)

Page 41


12 REFERRED COMMITTEE REPORTS

Nil

13 NOTICE OF MOTION/RESCISSION

13.1 NOTICE OF MOTION SUBMITTED BY COUNCILLOR BRIAN BURKE

FILE NO: P21595

RESPONSIBLE OFFICER: BRAD EVERETT GROUP MANAGER PLANNING &

ENVIRONMENT

AUTHOR: CLR BURKE/GARNHAM SECONDED COUNCIL RESOLUTION That Maitland City Council resolve to contact the organisers of the Masters Games for details of the flying activities anticipated at the Royal Newcastle Aero Club. Moved Clr Burke Seconded Clr Garnham

CARRIED


Page 42


13.2 NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER

This matter was withdrawn


Page 43


13.3 NOTICE OF MOTION SUBMITTED BY COUNCILLOR TED LEVERENCE

FILE NO: 103/62/1

RESPONSIBLE OFFICER: BRAD EVERETT GROUP MANAGER PLANNING &

ENVIRONMENT

AUTHOR: CLR TED LEVERENCE COUNCIL RESOLUTION That Council prepare a draft Local Environmental Plan to rezone the Rural Residential lots within Bolwarra Park Drive Estate from No 1 (c) Rural Small Holdings to Zone No 1 Secondary Rural Land. Moved Clr Leverence Seconded Clr Way

CARRIED


Page 44


13.4 NOTICE OF MOTION SUBMITTED BY COUNCILLOR BOB GEOGHEGAN

FILE NO: 29/31

RESPONSIBLE OFFICER: JUDY JAEGER ACTING GROUP MANAGER COMMUNITY &

CORPORATE

AUTHOR: CLR BOB GEOGHEGAN

COUNCIL RESOLUTION That: this Council write to the State Member for Maitland and the State Attorney General urging that funding for the Council Crime Prevention Officer’s salary be in addition to the approximately $50,000 funding for the implementation of the strategies identified in the Crime Prevention Plan. Moved Clr Geoghegan Seconded Clr Garnham

CARRIED


Page 45


13.5 NOTICE OF MOTION SUBMITTED BY COUNCILLOR RAY FAIRWEATHER

FILE NO: P17220

ATTACHMENT (1): BULKY GOODS DEVELOPMENT HIGH STREET MAITLAND

RESPONSIBLE OFFICER: DAVID EVANS GENERAL MANAGER

AUTHOR: CLR RAY FAIRWEATHER

COUNCIL RESOLUTION That: 1. The General Manager Mr David Evans report in detail to the next meeting

of Council on all matters being progressed, including those in dispute in relation to the “Bulky Goods Retail Development”, High Street, Maitland.

2. Councillors be provided with relevant correspondence in support of General Manager’s report.

3. Report to include the implications of a letter from the Department of Land and Water Conservation to Mr & Mrs O’Hearn dated 16.3.01 from Cathy Cole, Regional Director. a) Legal ramifications b) Financial costs to Council

4. a) clarification of plans/drawings presented to Council for approval and if in fact those same plans/drawings were used for construction of the bulky goods retail development. b) If not, when and who approved any amended plans/drawings? c) Was an assessment made on the hydraulic impact on any amended construction development?

Moved Clr Fairweather Seconded Clr Tony Keating

CARRIED


Page 46


14 URGENT BUSINESS

14.1 Briefing by Central Coast Tourism - File No.151/1 COUNCIL RESOLUTION THAT Roger Stephan negotiates with Horst Endralat to reschedule his briefing to Councillors. Moved Clr Humphery Seconded Garnham

CARRIED 14.2 Heritage Month Banners - File No. 139/16 COUNCIL RESOLUTION THAT Roger Stephan is to clarify with Alan George from Energy Australia with regard to their position of charging for banners to be displayed. Moved Clr Garnham Seconded Geoghegan 14.3 Clr Procter asked that his matter be dealt with in Committee of the Whole.

15 QUESTIONS WITHOUT NOTICE

15.1 Clr Ted Leverence asked why a fence had been erected across roadway in Bolwarra Estate. The Group Manager Planning and Environment advised that he would contact the developer for an explanation. 15.2 Clr Rolls advised that 13 people from Council had volunteered for Shave for a Cure on the 10th May.


Page 47


16 COMMITTEE OF THE WHOLE

16.1.1 SIROCCO CONCERT

FILE NO: 80/13/1



EXECUTIVE SUMMARY This report deals with commercial matters associated with the 21 April 2001 Sirocco Concert at Maitland Gaol.

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

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

Moved Clr Humphery Seconded Clr Way

CARRIED


Page 48


16.1.2 RUTHERFORD SHOPPING CENTRE

FILE NO: 103/19



EXECUTIVE SUMMARY The purpose of this report is to update Council on progress to date in the calling of expressions of interest in the purchase and development of Council owned land zoned 3A in the Rutherford Shopping Centre precinct.


(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 49


16.1.3 POSITION OF TOWN CRIER

FILE NO: 139/1



EXECUTIVE SUMMARY The purpose of this report is to provide an update on the current status of the position of Official Town Crier for the City of Maitland and to seek guidance on whether the position is to be retained.


(a) personnel matters concerning particular individuals Moved Clr Humphery Seconded Clr Way

CARRIED


Page 50


16.1.4 MAITLAND GAOL MASTERPLAN

FILE NO: 137/855



EXECUTIVE SUMMARY The purpose of this report is to update Council on progress to date in preparation of the Maitland Gaol Masterplan.



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

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


CARRIED


Page 51


16.1.5 ALLAN & DON LAWRANCE OVAL THORNTON, COMPULSORY

ACQUISITION

FILE NO: PR 30157


Author: Peter Cameron Coordinator City Strategy

EXECUTIVE SUMMARY The purpose of this report is to advise that the owners of the above property have agreed to the purchase of the property for $170,000. The matter will therefore not need to proceed to the Land and Environment Court.


(f) matters affecting the security of the council, councillors, council staff or council property


CARRIED


Page 52


16.1.6 RUTHERFORD TENNIS COURTS

FILE NO: 137/835


Author: RICHARD MINTER MANAGER CONSULTING

EXECUTIVE SUMMARY Status report on ongoing issues at Rutherford Tennis Courts is presented for Council's information and receipt.




CARRIED


Page 53


16.1.7 CONSIDERATION OF TENDERS - CONSTRUCTION OF REPLACEMENT BRIDGE AT MCFARLANES ROAD

FILE NO: 137/878


Author: WARICK SHRODER CONTRACT AND PROJECTS MANAGEMENT CO-ORDINATOR

EXECUTIVE SUMMARY Tenders were invited for the construction of a Replacement Bridge at McFarlanes Road. 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 RECOMMENTATION/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:



CARRIED


Page 54


16.1.8 THORNTON TENNIS COMPLEX - PROPOSED LEASE

FILE NO: P.16370

Responsible Officer: Warwick Randall Group Manager Asset Management & Planning

Author: David Bortfeld Recreation Planning Co-ordinator

EXECUTIVE SUMMARY This report deals with the intention to lease the Thornton Park Tennis Complex.




CARRIED COUNCIL RESOLUTION THAT Council resume to Open Council Moved Clr Dark Seconded Clr Rolls

CARRIED


Page 55


17 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

OFFICER'S REPORTS

17.1 THE GENERAL MANAGER

17.1.1 SIROCCO CONCERT AT MAITLAND GAOL

FILE NO: 139/16



EXECUTIVE SUMMARY This report deals with the funding of performer and stage fees associated with the conduct of the Sirocco Concert at the Maitland Gaol on 21 April 2001.

COMMITTEE RESOLUTION THAT Council meet costs to a maximum of $3,000 associated with the conduct of the Sirocco Concert at the Maitland Gaol on the evening of 21 April 2001


CARRIED

COUNCIL MEETING MINUTES 24 APRIL 2001 POSITION OF TOWN CRIER (Cont.)

Page 56


17.1.2 RUTHERFORD SHOPPING CENTRE

FILE NO: 103/19

ATTACHMENT (1): LOCALITY PLAN



EXECUTIVE SUMMARY The purpose of this report is to update Council on progress to date in the calling of expressions of interest in the purchase and development of Council owned land zoned 3A in the Rutherford Shopping Centre precinct. COMMITTEE RESOLUTION THAT the General Manager be authorised to proceed with seeking of expressions of interest in the purchase and development of Council owned land zoned 3A in the Rutherford Shopping Centre as outlined in this report as amended.


CARRIED

COUNCIL MEETING MINUTES 24 APRIL 2001 POSITION OF TOWN CRIER (Cont.)

Page 57


17.1.3 POSITION OF TOWN CRIER

FILE NO: 139/1



EXECUTIVE SUMMARY The purpose of this report is to provide an update on the current status of the position of Official Town Crier for the City of Maitland and to seek guidance on whether the position is to be retained.

COMMITTEE RESOLUTION THAT the position of Town Crier be discontinued.

Moved Clr Rolls Seconded Clr Garnham

CARRIED

17.1.4 MAITLAND GAOL MASTERPLAN

FILE NO: 137/855

ATTACHMENTS: (1) MAITLAND GAOL INTERPRETIVE CONCEPTS



Clr Humphery left the room at 8.03pm as he had declared a pecuniary interest in this matter.

EXECUTIVE SUMMARY The purpose of the report is to update Council on progress to date in preparation of the Maitland Gaol Masterplan.

COUNCIL MEETING MINUTES 24 APRIL 2001 Lot 1538 DP 832922 Allan & Don Lawrence Oval Thornton, Compulsory Acquisition (Cont.)

Page 58


COMMITTEE RESOLUTION THAT the report be received and noted.

Moved Clr Fairweather Seconded Clr Burke

CARRIED

Clr Humphery returned at 8.19pm

COUNCIL MEETING MINUTES 24 APRIL 2001 Lot 1538 DP 832922 Allan & Don Lawrence Oval Thornton, Compulsory Acquisition (Cont.)

Page 59


17.2 PLANNING AND ENVIRONMENT GROUP

17.2.1 LOT 1538 DP 832922, ALLAN & DON LAWRENCE OVAL THORNTON, COMPULSORY ACQUISITION

FILE NO: PR 30157


Author: Peter Cameron Coordinator City Strategy

EXECUTIVE SUMMARY The purpose of this report is to advise that the owners of the above property have agreed to the purchase of the property for $170,000. The matter will therefore not need to proceed to the Land and Environment Court.

COMMITTEE RESOLUTION

THAT the report be received and noted. Moved Clr Way Seconded Clr Procter

CARRIED 17.3 ASSET PLANNING AND MANAGEMENT GROUP

17.3.1 RUTHERFORD TENNIS COURTS

FILE NO: 137/835


Author: Richard Minter Manager Consulting

EXECUTIVE SUMMARY Status report on ongoing issues at Rutherford Tennis Courts is presented for Council's information and receipt.

COUNCIL MEETING MINUTES 24 APRIL 2001 RUTHERFORD TENNIS COURTS (Cont.)

Page 60


COMMITTEE RESOLUTION THAT the report be received and noted.

Moved Clr Garnham Seconded Clr Leverence

CARRIED


Page 61


17.3.2 CONSIDERATION OF TENDERS - CONSTRUCTION OF REPLACEMENT BRIDGE AT MCFARLANES ROAD

FILE NO: 137/878


Author: Warick Shroder Contract and Projects Management Co-ordinator

EXECUTIVE SUMMARY Tenders were invited for the construction of a Replacement Bridge at McFarlanes Road. 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 RESOLUTION THAT Council resolve to replace McFarlanes Road Bridge in this financial year, and accept the lump sum tender of Waeger Constructions Pty. Ltd. for the construction of the Replacement Bridge in the amount of $240,900.


CARRIED


Page 62


17.3.3 THORNTON TENNIS COMPLEX - PROPOSED LEASE

FILE NO: P.16370


Author: David Bortfeld Recreation Planning Co-ordinator

EXECUTIVE SUMMARY This report deals with the intention to lease the Thornton Park Tennis Complex. COUNCIL RESOLUTION THAT as the hour had now reached 9.00pm, an extension of time be granted for another 20 minutes. Moved Clr Fairweather Seconded Clr Way

CARRIED

COMMITTEE RESOLUTION

THAT Council offers the lease to Thornton Park Tennis Club Inc subject to leasee entering into a satisfactory negotiation with Council over conditions of the leasing arrangements. Moved Clr Keating Seconded Clr Fairweather

CARRIED


Page 63


17.3.4 (PREVIOUSLY 11.5.4) PROPOSED LEASE OF CARPARK - 373 HIGH STREET MAITLAND

FILE NO: P17283



EXECUTIVE SUMMARY In 1999 investigations into a proposal to lease the existing carpark at 373 High Street, Maitland (old Westpac Bank carpark) were initiated. Negotiations with the owner progressed through this period to November 2000 at which time the owner advised that she is reluctant to commit to a long term lease. Given the amount of money required to bring the carpark to a standard acceptable for public use ($32,500) the owner was advised that the present offer – an eight year lease period with rental commencing at $5,085 per annum increasing annually with CPI - was available up until 31st March 2001. This date has passed with no response from the owner and the proposal has not been pursued further.

COMMITTEE RESOLUTION THAT Council make enquiries as to the possible purchase of the carpark at 373 High St, Maitland.

Moved Clr Fairweather Seconded Clr Burke

CARRIED


Page 64


COUNCIL RESOLUTION THAT the recommendations of the Committee of the Whole, being Items 17.1.1 to 17.3.4 be adopted Moved Clr Rolls Seconded Clr Leverence

CARRIED

18 17.4.1 QUESTION WITHOUT NOTICE SUBMITTED BY CLR PROCTER

Clr Procter asked about possible legal actions relating to contaminated water in Bolwarra. The Group Manager Planning and Environment advised that he would investigate the matter. A minute's silence was observed to commemorate ANZAC day.

19 CLOSURE

The chairperson declared the meeting closed at 9.25pm

Confirmed this 24th day of April 2001

. . . . . . . . . . . . . . . . CHAIRPERSON

maitland city council minutes 24 april 2001 · 11.2.1 hobart street, east maitland - claim by...

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