maitland city council ordinary meeting minutes docume… · recommendation: approval ..... 9 9.2.2...

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

23 JANUARY, 2007

ORDINARY MEETING MINUTES 23 JANUARY, 2007

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....................... 2

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

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

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 3

9 OFFICERS REPORTS ................................................................................ 4

9.1 GENERAL MANAGER................................................................. 4

9.1.1 STAFF MATTERS - RESPECT AT WORK POLICY .................... 4

9.2 PLANNING AND REGULATION ................................................. 9

9.2.1 DA 05-4003 (S96/1) BOWLING CLUB ADDITIONS LOT 1 DP529153, 23 BLIGH STREET, TELARAH RECOMMENDATION: APPROVAL ............................................. 9

9.2.2 DA 06-3104 NIGHT DINERS MARKET AND FOOTWAY DINING 422 1067891 338-340 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL ........................................... 12

9.2.3 DA06-1797 SECTION 96 MODIFICATION TO VARY CONSENT CONDITION NO 7 - INSTALLATION LOT 1 DP 198448 63 PYWELLS ROAD, LUSKINTYRE. RECOMMENDATION: APPROVAL ........................................... 16

9.2.4 DA 06-780 SECTION 96 AMENDMENT - SUPERMARKET & EIGHT SPECIALTY SHOPS - LOT 431 & 432 DP 626005 & LOT 120 DP 809483, WEST MALL, RUTHERFORD RECOMMENDATION: REFUSAL OF PROPOSED CHANGES TO CONDITIONS 11A), 11B), 11F),11H), 12 AND 17A) APPROVAL OF PROPOSED CHANGES TO CONDITIONS 10, 11E) AND 34 ................................................. 19

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9.2.5 DA 06-3293 - BULKY GOODS SHOWROOM &

WAREHOUSE, LOT 903 DP 1083789, 58 SHIPLEY DRIVE AND LOT 806 DP 1067078, 52 SHIPLEY DRIVE, RUTHERFORD RECOMMENDATION: APPROVAL ................ 22

9.2.6 ALCOHOL FREE ZONE MAITLAND CBD & RUTHERFORD MALL .......................................................................................... 30

9.2.7 EASTERN SUBURBS CRICKET CLUB SPECIAL EVENT APPLICATION FOR FIREWORKS DISPLAY............................. 32

9.2.8 AQUATIC FEASIBILITY STUDY- CURRENT STATUS AND FUTURE DIRECTIONS.............................................................. 33

9.2.9 RELOCATION OF MAITLAND BASEBALL CLUB ..................... 35

9.2.10 RUTHERFORD TENNIS COMPLEX PLAN OF MANAGEMENT.......................................................................... 37

9.2.11 WORKS IN KIND / MATERIAL PUBLIC BENEFIT POLICY....... 38

9.2.12 DUCKENFIELD PLAN OF MANAGEMENT ............................... 39

9.2.13 MAITLAND CITY COUNCIL ENERGY SAVINGS ACTION PLAN .......................................................................................... 41

9.2.14 MT VINCENT RD WASTE DEPOT- ENVIRONMENTAL PROTECTION LICENCE ANNUAL RETURN ............................ 42

9.2.15 PROPOSED REZONING OF LAND AT ABERGLASSLYN ROAD, ABERGLASSLYN........................................................... 43

9.3 ASSETS ..................................................................................... 45

9.3.1 DAY STREET EAST MAITLAND STORMWATER DRAINAGE WORKS...................................................................................... 45

9.3.2 MAITLAND CITY COUNCIL TEN YEAR INVOLVEMENT IN THE LOCAL GOVERNMENT ROAD SAFETY PROGRAM ....... 46

9.4 FINANCE AND ADMINISTRATION........................................... 47

9.4.1 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2006 ........................................................................................... 47

9.4.2 WRITING OFF OF FARMLAND RATES PURSUANT TO CLAUSE 130 OF THE LOCAL GOVERNMENT (GENERAL) REGULATION 2005 ................................................................... 48

9.4.3 COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND ................................................................................. 49

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10 ITEMS FOR INFORMATION..................................................................... 50


10.1 STATUS REPORT ON WORKS AND PROJECTS ................... 50

10.2 CORRESPONDENCE ANALYSIS............................................. 51

10.3 MONTHLY FINANCIAL REPORT - DECEMBER 2006 ............. 52

10.4 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2006 .... 53

10.5 AREA ASSISTANCE SCHEME GRANTS................................. 54

10.6 NATIONAL LAW WEEK - PARTICIPATION BY MAITLAND CITY LIBRARY .......................................................................... 55

10.7 KEY PERFORMANCE INDICATORS – DECEMBER 2006....... 56

10.8 MAITLAND ENVIRO YOUTH FORUM 2006.............................. 57

10.9 WHITE RIBBON DAY 2006 ....................................................... 58

11 NOTICE OF MOTION/RESCISSION......................................................... 59

12 QUESTIONS WITHOUT NOTICE ............................................................. 59

13 URGENT BUSINESS ................................................................................ 60

14 COMMITTEE OF THE WHOLE................................................................. 61

14.1 PROPOSAL TO LEASE RUTHERFORD TENNIS COMPLEX.. 61

14.2 ACQUISITION OF PRIVATE LAND AT MORPETH ZONED 6(C) PROPOSED RECREATION............................................... 62

14.3 CONSIDERATION OF TENDERS - SUPPLY OF ELECTRICAL MAINTENANCE SERVICES .............................. 63

14.4 CONSIDERATION OF TENDERS - PUBLIC TOILET AND BARBEQUE CLEANING ........................................................... 64

14.5 CONSIDERATION OF TENDERS - RECONSTRUCTION AND REHABILITATION OF WOODBERRY ROAD, WOODBERRY ........................................................................... 65

14.6 CONSIDERATION OF TENDERS - SUPPLY OF PLUMBING MAINTENANCE SERVICES...................................................... 66

14.7 TENDERS FOR THE SUPPLY AND DELIVERY OF INERT COVER MATERIAL FOR MT VINCENT WASTE DEPOT......... 67

14.8 TENDERS FOR THE SUPPLY AND IMPLEMENTATION OF TRAFFIC CONTROL & TRAFFIC CONTROL PLANS.............. 68

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 69

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15.1 PROPOSAL TO LEASE RUTHERFORD TENNIS COMPLEX.. 69

15.2 ACQUISITION OF PRIVATE LAND AT MORPETH ZONED 6(C) PROPOSED RECREATION............................................... 70

15.3 CONSIDERATION OF TENDERS - SUPPLY OF ELECTRICAL MAINTENANCE SERVICES .............................. 71

15.4 CONSIDERATION OF TENDERS - PUBLIC TOILET AND BARBEQUE CLEANING ........................................................... 72

15.5 CONSIDERATION OF TENDERS - RECONSTRUCTION AND REHABILITATION OF WOODBERRY ROAD, WOODBERRY ........................................................................... 73

15.6 CONSIDERATION OF TENDERS - SUPPLY OF PLUMBING MAINTENANCE SERVICES...................................................... 74

15.7 TENDERS FOR THE SUPPLY AND DELIVERY OF INERT COVER MATERIAL FOR MT VINCENT WASTE DEPOT......... 75

15.8 TENDERS FOR THE SUPPLY AND IMPLEMENTATION OF TRAFFIC CONTROL & TRAFFIC CONTROL PLANS.............. 76

16 CLOSURE................................................................................................. 76

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PRESENT Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Henry Meskauskas Clr David Power Clr Steve Procter Clr Peter Way Clr Wendy White Clr Victoria Woods

1 INVOCATION

The Acting General Manger read the customary prayer at the commencement of the meeting. OBSERVANCE OF SILENCE A minute’s silence was observed as a mark of respect for the passing away of Doug Pryor, a former employee and respected member of the community.

2 APOLOGIES

COUNCIL RESOLUTION THAT the unavoidable absence of Clr Keating be accepted by Council.

Moved Clr Fairweather. Seconded Clr Humphery

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Blackmore declared a non-pecuniary interest in Item 9.2.1 – DA 05-4003 (S96/1) Bowling Club Additions LOT 1 DP529153, 23 Bligh Street, Telarah as he is patron of the Telarah Bowling Club. Clr Blackmore declared a non-pecuniary interest in Item 9.2.5 – DA 06-3293 - Bulky Goods Showroom & Warehouse, Lot 903 DP 1083789, 58 Shipley Drive and lot 806 DP 1067078, 52 Shipley Drive, Rutherford as he received contributions to his elections campaign.

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Clr Fairweather declared a pecuniary interest in Items 14.4 - Consideration of Tenders - Public Toilet and Barbeque Cleaning and 14.6 - Consideration of Tenders - Supply of Plumbing Maintenance Services as a family member works for one of the tenderers. Clr Geoghegan declared a pecuniary interest in Item 9.2.5 - DA 06-3293 - Bulky Goods Showroom & Warehouse, Lot 903 DP 1083789, 58 Shipley Drive and lot 806 DP 1067078, 52 Shipley Drive, Rutherford as a close relative is a director of the company.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 12 December 2006 be confirmed.

Moved Clr Way, Seconded Clr Procter

CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

Donna Eckford spoke for Item 9.2.7 - Eastern Suburbs Cricket Club Special Event Application for Fireworks Display Christine Brewer spoke for Item 9.2.7 - Eastern Suburbs Cricket Club Special Event Application for Fireworks Display Deb Smith representing Maitland Mavericks Baseball Club spoke for Item 9.2.9 – Relocation of the Maitland Baseball Club Michael Carmody representing Duckenfield residents spoke against Item 9.2.12 – Duckenfield Plan of Management

COUNCIL RESOLUTION THAT an extension of one minute be granted to Michael Carmody.

Moved Clr Woods, Seconded Clr Way

CARRIED

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8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 LATE ITEM - PROPOSED REZONING OF LAND AT ABERGLASSLYN ROAD, ABERGLASSLYN (WILL BECOME ITEM 9.2.15 IF ADOPTED)

8.2 ADDENDUM TO ITEM 9.2.5 - DA 06-3293 - BULKY GOODS

SHOWROOM & WAREHOUSE, LOT 903 DP 1083789, 58 SHIPLEY DRIVE AND LOT 806 DP 1067078, 52 SHIPLEY DRIVE, RUTHERFORD

COUNCIL RESOLUTION THAT the Late Item 8.1 and 8.2 be accepted and be dealt with in the Order of Business.

Moved Clr Garnham, Seconded Clr Way

CARRIED

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9 OFFICERS REPORTS

9.1 GENERAL MANAGER

9.1.1 STAFF MATTERS - RESPECT AT WORK POLICY

File No: 130/1

Responsible Officer: Tony Houlcroft Executive Manager Human Resources

Author: Clare Dunnicliff Human Resources Officer

EXECUTIVE SUMMARY A review of Council’s policy on Equal Employment Opportunity (EEO) has been carried out. The purpose of the revised policy is to provide a framework that assists the organisation to manage and promote a workplace free from discrimination, harassment and bullying.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The existing Equal Employment Opportunity Policy (Attachment No. 1) adopted by Council on 26 March 2002 be rescinded.

2. The policy in Attachment No. 2 be adopted.

3. The objectives of this policy be included into Council’s Code of Conduct policy

Moved Clr Way, Seconded Clr Garnham

CARRIED

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STAFF MATTERS - RESPECT AT WORK POLICY (Cont.)

POLICY GROUP NAME: STAFF

Policy Name: RESPECT AT WORK

File Number: 130/1

Committee Approval Date/s:

Consultative Committee - Corporate Management Team -

Date Approved: January 2007

Policy Review Date: January 2009

Business Group: Human Resources

Responsible Officer: Executive Manager Human Resources

Objective:

To provide a safe and productive workplace free from discrimination, harassment and bullying and to promote the principles of Equal Employment Opportunity, equity, respect and tolerance in all work and management practices.

POLICY STATEMENT Maitland City Council shall provide a workplace free from discrimination, harassment and bullying; promoting Equal Employment Opportunity (EEO), equity, respect and tolerance in all work and management practices, creating a harmonious, safe and productive workplace benefiting employees, the organisation and the wider community. Council considers actions or behaviours that discriminate, offend, threaten, intimidate or create a risk to health and safety as unacceptable in all circumstances. Where a breach of this policy is found on the balance of probabilities to have occurred, Council will take appropriate action. To ensure the objectives of the policy are achieved, Council will implement its EEO Management Plan and support the ongoing role of the EEO Committee. This policy should be read in conjunction with the EEO Management Plan, the EEO, Harassment and Bullying Grievance Protocol, and the Respect at Work Supporting Information and Explanatory Notes document. OBJECTIVES The objectives of Council’s Respect at Work Policy are to:

Ensure all employees have access to a non-threatening and discrimination-free workplace;

Promote appropriate standards of conduct and implement strategies to raise organisational awareness with regard to this Policy;

Ensure that in the application of all Human Resources and organisation policies, practices and procedures, no discrimination takes place and that all employees enjoy equal access to opportunities within Council;

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Create a self-monitoring culture whereby all employees acknowledge, support and champion the principles of a workplace free from discrimination, harassment and bullying;

Promote the principles of equity, respect and tolerance throughout Council to ensure every employee, at every level, is aware of, and understands his/her rights and responsibilities with respect to this policy;

Ensure a workplace free from victimisation, and Encourage the reporting of behaviour which breaches Council’s Respect at Work

Policy. SCOPE This policy applies to current and prospective employees and extends to cover apprentices, volunteers, contractors and the general public. LEGISLATIVE FRAMEWORK Anti-Discrimination Act, 1977 (NSW) Sex Discrimination Act, 1983 (Cth) Racial Discrimination Act, 1975 (Cth) Disability Discrimination Act, 1975 (Cth) Local Government Act 1993 (NSW) Occupational Health & Safety Act 2000 (NSW) Industrial Relations Act 1996 (NSW) Workplace Relations Act 1996 (Cth) Under state and commonwealth anti-discrimination legislation, it is unlawful to discriminate against an individual on the following grounds:

Race (colour, nationality, ethnic-religious background, descent or national identity); Sex (including sexual harassment); Pregnancy; Marital status; Sexual preference; Physical, intellectual or psychiatric disability or illness; Age (including forcing someone to retire); Transgender (transexuality); Carer’s responsibilities, and Personal association with a person who is identified by reference to any of the

above attributes. ASSOCIATED WORKPLACE POLICIES, PROCEDURES AND PROTOCOLS

Recruitment and Selection Protocol EEO Management Plan Workplace Violence (Chapter 8 of Occupational Health and Safety Policies and

Procedures Manual) Aggressive & Abusive Customers (Chapter 8 of Occupational Health and Safety

Policies and Procedures Manual) EEO, Harassment and Bullying Grievance Protocol

RESPONSIBILITY Maitland City Council has a legal responsibility to prevent discrimination, harassment and bullying. In meeting this obligation the following responsibilities have been identified:

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General Manager Ensure the policy framework to promote a discrimination, harassment and bullying-

free workplace at the Council level, for all persons described within the Scope of this policy;

Ensure every employee and prospective employee is treated fairly and with respect;

Ensure the behaviour of all employees complies with this policy, and Ensure Council’s EEO Management Plan is implemented.

Managers and Supervisors

Model appropriate workplace behaviours and monitor the work environment to ensure acceptable standards of conduct are observed at all times;

Ensure decisions relating to employment, promotion and training are equitable and based upon merit;

Ensure employees are aware of and understand Council’s Respect at Work Policy; Act to resolve incidences of discrimination, harassment and bullying when made

aware of a problem, even if no complaint has been made; Treat all complaints seriously, equitably and confidentially, taking immediate action

to investigate and resolve allegations of discrimination, harassment and bullying, and

Refer complaints onwards to the Human Resources Division, where the individual does not consider they are the most appropriate person to deal with the issue.

Employees

Ensure individual behaviour complies with Council’s Respect at Work Policy; Maintain confidentiality if involved with the investigation of a grievance, and Report breaches of the Policy to a Manager, Supervisor or Human Resources.

EEO Committee The EEO Committee will work with all employees towards a discrimination, harassment and bullying-free workplace and ensure that all current and prospective employees are afforded equal access to opportunities and benefits relating to employment, promotion and training. The EEO Committee is responsible for:

Informing, and consulting with, staff on EEO, harassment and bullying matters; Promoting Respect at Work throughout the organisation, and Acting as Contact Officers by advising staff with EEO, harassment and bullying

grievances on the options available to them. LODGING A COMPLAINT All complaints of discrimination, harassment and bullying will be investigated in accordance with the principles of confidentiality, timeliness, sensitivity and impartiality. To ensure these principles are upheld Council has developed a formal EEO, Harassment and Bullying Grievance Protocol. Copies are available from:

The Human Resources Division Council’s Intranet Union delegates Managers or Supervisors EEO Contact Officer

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CONSEQUENCES OF A BREACH OF THIS POLICY Where a complaint of discrimination, harassment and/or bullying is found, on the balance of probabilities to have occurred, resolution may comprise counselling, disciplinary action or dismissal depending on the nature of the breach. Sexual assault, physical violence and other acts of a criminal nature may also be reported to the police. Disciplinary action will be imposed in a fair and consistent manner across the organisation. SOURCES OF INFORMATION AND ADVICE Please refer to Council’s Respect at Work Supporting Information and Explanatory Notes document.

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9.2 PLANNING AND REGULATION

9.2.1 DA 05-4003 (S96/1) BOWLING CLUB ADDITIONS LOT 1 DP529153, 23 BLIGH STREET, TELARAH RECOMMENDATION: APPROVAL

File No: DA 05-4003 Attachments: Locality Plan

Development Plans Submission

Responsible Officer: David Simm Manager Development & Environment Author: Terrance Stafford Trainee Town Planner Applicant: Premier Building Group Proposal: Bowling Club Additions Location: 23 Bligh Street, Telarah Zone: 6(b) Private Recreation

EXECUTIVE SUMMARY Development consent is sought from Council for a Section 96 Modification to the recently approved Bowling Club Additions at Lot 1 DP529153, 23 Bligh Street, Telarah. The subject land is zoned 6(b) Private Recreation under the provisions of the Maitland Local Environmental Plan, 1993. A Club is a permissible form of development in the 6(b) Private Recreation Zone with Council consent and is consistent with the objectives of the zone. The proposal includes the installation of a 29.5m2 walkway on the existing building’s southern elevation to combine the two smokers’ terraces approved at Council’s meeting of the 28th November 2006. Council received one (1) submission during the exhibition period. The submission however, was unrelated to the S96 Modification and referred to the original development application for ‘Bowling Club Additions’ which was approved by Council on the 28th November 2006. The proposed walkway has been considered as an extension to the Club’s gross floor area. However, the existing on-site car parking facilities have been considered acceptable due to the fact that the walkway itself will not act as an attractor for club usage or attendance.

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DA 05-4003 (S96/1) Bowling Club Additions, Lot 1, DP529153, 23 Bligh Street, Telarah (Cont)


The S96 Modification to DA 05-4003 for Bowling Club Additions on Lot 1, DP529153, 23 Bligh Street, Telarah be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED

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DA 05-4003 (S96/1) Bowling Club Additions, Lot 1, DP529153, 23 Bligh Street, Telarah (Cont)

SCHEDULE OF CONDITIONS Revised Condition No. 2 The proposed development is to be carried out strictly in accordance with the plans Job No 153, Dated 6/12/06, Revision E, by the Premier Building Group, and any documentation submitted with the application and any amendments to those plans arising through conditions of consent.

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9.2.2 DA 06-3104 NIGHT DINERS MARKET AND FOOTWAY DINING 422 1067891 338-340 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

File No: DA 06-3104 Attachment (1): Site Plan

Responsible Officer: David Simm Manager, Development & Environment Author: Anthony Calthorpe Town Planner Applicant: Maitland City Council Proposal: Night Diners Market and Footway Dining Location: 338-340 High Street, Maitland Zone: 3(a) General Business

EXECUTIVE SUMMARY Maitland City Council’s City Centre Management has applied for development consent to operate a ‘Night Diner’s Market’ on the High Street Mall, as illustrated in the application plan (Attachment 1). The proposal would involve the ‘installation of temporary food stalls’ every Thursday evening (December/ January to April each year), with the market to operate between the hours of 5pm-8.30pm, inclusive of time to shut down and clear up. The stalls would comprise of specialist items produced by stall holders, temporary food premises, coffee vendors etc. Stalls would encourage outdoor/ footpath dining. The applicant has applied for the use on a permanent basis, albeit the intention might be to operate every two weeks and only for a three-four month period of any year. Given the uncertainty about the likely success of the proposal, a permanent consent would offer sufficient flexibility to operate as frequently or infrequently within the scope of the use, without further requirements to amend or alter the conditions or terms of consent on a regular basis. The application is put before Council because the applicant, Maitland City Centre Management, is part of Maitland City Council. The report to Council offers clarity and openness in respect of Council’s decision making in respect of an activity in the public arena. In addition, the proposal was advertised to all owners of units fronting the Mall and to the general public. No objections were received. The application is part of the City Centre Management’s approach toward increasing the vitality of the City Centre in the evening and to encourage more people to visit. Consent under the Roads Act 1993 would be issued conjointly with this consent for the use of High Street.

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DA 06-3104 Night Diners Market and Footway Dining 422 1067891 338-340 High Street, Maitland (Cont)

Overall, it is considered that the scope and nature of the proposal is minor, owing to its very temporary nature. The stalls could be erected and removed within a three and a half hour period and would not adversely affect the day to day operation of the Mall as a commercial centre. Appropriate conditions would be applied to any consent in respect of aspects such as access for emergency vehicles, health and hygiene or the removal of refuse for example.


DA 06-3104, for a Night Diners Market and Footway Dining on 338-340 High Street, Maitland (Lot 422, DP1067891) be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED

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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 06-3104 Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken. APPROVED PLANS AND DOCUMENTATION 1 The development shall be carried out in accordance with the stamped

approved plans and documentation and any amendments those plans arising through conditions to this consent.

THE USE 2 The use is permitted to operate only on a Thursday evening, 52 weeks of

the year. The hours of operation shall be between approximately* 5pm and 8.30pm, including the time to set up and remove the ‘Night Diners Market’. *See advice note A

4 An approval pursuant to Section 125 of the Roads Act 1993 must be

obtained for the use to operate on High Street. 5 A minimum 3.5m wide vehicular access route shall be maintained down the

centre of High Street at all times to allow for the access of emergency service vehicles.

6 The Night Diners Market must not unduly hinder the continued use and

amenities of permanent commercial/ business premises along High Street by way of obstruction (preventing safe and convenient access to staff and customers), noise, odours or blocking of any private access lanes, passages or right of way not otherwise approved by consent under the Roads Act 1993. An adequate clear footpath not less than 1.5m shall be maintained directly in front of all permanent premises along High Street to maintain the free flow of pedestrians, with specific allowance for those with disabilities.

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7 The use of the footway is not to inhibit access to public utilities such as fire hydrants, access holes, inspections chambers, telephone and electricity underground cables, water service pipes and the like.

8 The loading and unloading of the vehicles of participating stall-holders will

be coordinated by the consent holder or coordinator of the Night Diners Market to ensure that the emergency vehicle route required by Condition 5 is kept free of obstruction at all times. In addition, the consent holder must ensure that the surrounding public road network continues to operate without obstruction from stall-holder’s vehicles loading, unloading or standing temporarily.

9 It is the consent holder’s responsibility to ensure that all refuse resulting

from the Night Diners Market is removed and appropriately disposed of from High Street at the immediate cessation of the market. No liquid waste can be discharged onto High Street. At the immediate cessation of the market, High Street must be returned to a high level of cleanliness.

FOOD SAFETY AND HYGIENE 10 Individual stall operations that involve the preparation, storage or sale of

foods are to make individual applications to Council’s Environmental Health Section for consent to operate a temporary food stall. Applications are to detail compliance of the operation with the Temporary Event Guidelines and will be individually assessed for compliance with the Food Act 2003, the food safety standards & guidelines.

11 All food stalls must operate from approved (temporary) facilities currently

registered with Council (including approved commercial kitchens or home occupations). Where the operator is located outside the Maitland Local Government Area, approval in writing verifying the operation is to be provided from the applicable Local Council or Food Authority.

12 Temporary operations may be subject to routine inspections for which a fee

may apply. ADVICE A The hours of operation detailed at Condition 2 allow for a degree of

flexibility either side of the start and finish time, on the infrequent occasions (e.g. special event) when it may be appropriate for the Night Diners Market to operate for an extended period of time. The consent holder is advised to notify Council’s Service and Regulatory Planning Section of any extended events. Regular activity outside the approved operating times is likely to require a modification of the consent conditions, pursuant to Section 96 of the Environmental Planning and Assessment Act 1993 (as amended).

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9.2.3 DA06-1797 SECTION 96 MODIFICATION TO VARY CONSENT CONDITION NO 7 - INSTALLATION LOT 1 DP 198448 63 PYWELLS ROAD, LUSKINTYRE. RECOMMENDATION: APPROVAL

File No: DA06-1797 Attachments (3): Locality Plan

Development Plans Submission

Responsible Officer: David Simm Manager Development and Environment Author: Maryanne Raines Town Planner Applicant: GK Lindsay Proposal: Installation of Tunnel Ventilation to Existing

Broiler Sheds Location: 63 Pywells Road, Luskintyre Zone: 1(a) Prime Rural Land

EXECUTIVE SUMMARY Development Consent is sought from Council for a Section 96 Modification to the Development Consent DA06-1797 for the Installation of Tunnel Ventilation to Existing Broiler Sheds at 63 Pywells Road , Luskintyre. The subject land is zoned Rural 1(a) under Maitland Local Environmental Plan, 1993. The Development Application was approved, subject to conditions, at the meeting of Council on the 28th November 2006. The applicant has submitted an application in accordance with Section 96 of the Environmental Planning and Assessment Act to vary consent condition number 7. Consent Condition 7

“Fans and the metal windbreak located at the eastern end of the shed shall be relocated to the western end of the sheds. This will require other elements of the tunnel ventilation system to be relocated. A revised plan demonstrating the proposed changes shall be submitted to Council prior to the commencement of works”.

In order for the applicant to comply with condition 7 it is estimated approximately $100,000 of additional works would be required. As part of the Section 96 application, the applicant now proposes a revised proposed arrangement of exhaust fans on the eastern end of the sheds, so that the fans on the northern and eastern sides are shielded by a 1.8 metre Colourbond fence. The applicants’ environmental consultant has reviewed the acoustic results and is satisfied that

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06-1797 Section 96 Modification to vary consent condition No 7 - Installation 1 198448 63 Pywells Road, Luskintyre. (Cont)

the proposed amendment will have a minimal impact upon the nearest residence. It is considered the proposed amendments are acceptable therefore Council raises no objection to the requested changes to the consent which are discussed in detail within the report.


Section 96 application with respect to DA 06-1797 for the Installation of tunnel ventilation to existing broiler sheds Lot 1 DP 198448, 63 Pywells Road, Luskintyre be approved, subject to the conditions of consent set out in the attached schedule.


CARRIED

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06-1797 Section 96 Modification to vary consent condition No 7 - Installation 1 198448 63 Pywells Road, Luskintyre. (Cont)

SCHEDULE OF CONDITIONS Revised Condition No.1 The proposed development is to be carried out in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions of consent. The amended plans include the plans titled Indicative plan of proposed alterations to broiler sheds. Condition No. 7 shall be deleted. Condition No 22 Fans located on the northern, southern and eastern walls of the broiler sheds shall be installed below the height of the proposed 1.8 metre Colourbond fence.

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9.2.4 DA 06-780 SECTION 96 AMENDMENT - SUPERMARKET & EIGHT SPECIALTY SHOPS - LOT 431 & 432 DP 626005 & LOT 120 DP 809483, WEST MALL, RUTHERFORD RECOMMENDATION: REFUSAL OF PROPOSED CHANGES TO CONDITIONS 11A), 11B), 11F),11H), 12 AND 17A) APPROVAL OF PROPOSED CHANGES TO CONDITIONS 10, 11E) AND 34

File No: 06-780 Attachments (4): Locality Plan

Application Section 96 Assessment Table Submissions

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Fabcot Pty Ltd Proposal: S96 Amendment Location: Rutherford Zone: 3(a) General Business

EXECUTIVE SUMMARY Development consent is sought from Council for a Section 96 Amendment to Development Consent DA 06-780 for a Supermarket (Woolworths) & Eight Specialty Shops at Lot 431& 432 DP 626005 & Lot 120 DP 809483, West Mall, Rutherford. The subject land is zoned 3(a) General Business under the provisions of the Maitland Local Environmental Plan, 1993. The proposed Section 96 Application is seeking to delete consent conditions No. 6 and 34, and amend consent conditions No. 10, 11, 12 and 17a. The significant issues relating to the Section 96 Application relate to the proposal to delete the requirements for traffic signals at the intersection of the New England Highway and Alexandra Ave (and associated conditions) and the deletion of the requirement to pay Section 94A Contributions. Development Application 06-780 was referred to both the Roads & Traffic Authority (RTA) and the Regional Development Committee (RDC) as “Traffic Generating Development” under the provisions of State Environmental Planning Policy No. 11 (SEPP 11). As such, the proposed Section 96 Application was

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S96 Amendment to DA 06-780 Supermarket & Eight Specialty Shops Lot 431 & 432 DP 626005 & Lot 120 DP 809483, West Mall, Rutherford (Cont)

referred to both the RTA and the RDC for comment. The RTA and RDC raised objection to the proposed Section 96 Application. Council has considered the proposed Section 96 Application and considers the proposed changes to the Consent Conditions relating to the payment of Section 94A Contributions and the installation of traffic signals are unjustified and unsupported. Council raises no objection to the proposal to amend Consent Condition No 10, Consent Condition No. 11e) and to delete Consent Condition No. 34. On the 22nd December Council received notification that the Applicant has lodged an Appeal in the Land & Environment Court over deemed refusal of the Application. The court proceedings will be the subject of a future report to the Council.


The Section 96 Amendment to DA 06-780 for Supermarket & Eight Specialty Shops on Lot 431 & 432 DP 626005 and Lot 120 DP 809483, West Mall, Rutherford be:

1. Refused with regard to the proposed changes to conditions 6, 11(a), 11(b), 11(c), 11(d), 11(f),11(h), 12 AND 17(a) for the reasons stated in the attached schedule

2. Approved for the proposed changes to Conditions 10, 11(e) and 34 in accordance with the attached schedule

Moved Clr Fairweather, Seconded Clr Meskauskas

CARRIED

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S96 Amendment to DA 06-780 Supermarket & Eight Specialty Shops Lot 431 & 432 DP 626005 & Lot 120 DP 809483, West Mall, Rutherford (Cont)

REASONS FOR REFUSAL/SCHEDULE OF CONDITIONS

Refuse the proposed changes to conditions 11(a), 11(b), 11(c), 11(d),11(h), 12 and 17(a) for the following reasons:

a) The proposed development is inconsistent with Section 79C(1)(a)(i) having regard to State Environmental Planning Policy No. 11 - Traffic Generating Developments. b) The proposed development is inconsistent with Section 79C(1)(a)(i) having regard to the Maitland Local Environmental Plan 1993 and the objectives of the zone. c) The proposed amendments are inconsistent with Section 79C(1)(b) having regard to the likely impacts on access, transport & traffic management in the locality. d) The proposed amendments are inconsistent with Section 79C(1)(b) having regard to the negative impact the proposed amendments will have on the public domain.

Approve the proposed changes to Conditions 10, 11(e) and 34 to read:

Consent Condition No. 10 All driveways, parking areas and vehicle turning areas, (excluding the undercroft carpark), shall be constructed with reinforced concrete, and all parking and loading bays and vehicle manoeuvring areas shall be delineated. As a minimum treatment, the undercroft carpark shall be constructed as an asphalt-sealed flexible pavement. Consent Condition No 11(e) Provide an off-road pedestrian/cycle path 2.5m wide (and including median island refuges in Alexandra Ave) from Bunning St at the northern corner of the intersection with Alexandra Ave:

i. to the loading dock access point in Hillview St, and ii. to the intersection of Alexandra Ave and West Mall (at its southern

corner), and iii. making connection each side of the underground vehicle access point.

Foot paving from the intersection of Alexandra Ave and West Mall shall be provided as full width concrete (of variable width between the road kerb and the property boundary) along the frontage of the development to the building entry (subject to design requirements of the West Mall shared-zone). Delete Condition No. 34

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Clr Geoghegan left the chambers at 6.00pm as he had declared a pecuniary interest in this item. 9.2.5 DA 06-3293 - BULKY GOODS SHOWROOM & WAREHOUSE, LOT 903

DP 1083789, 58 SHIPLEY DRIVE AND LOT 806 DP 1067078, 52 SHIPLEY DRIVE, RUTHERFORD RECOMMENDATION: APPROVAL

File No: 06-3293 Attachments (2): Locality Plan

Development Plans

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Drayton Building & Construction Company Proposal: Bulky Goods Showroom & Warehouse Location: Rutherford Zone: 4(a) General Industrial

EXECUTIVE SUMMARY Development consent is sought from Council for Bulky Goods Showroom & Warehouse at Lot 903 DP 1083789, 58 Shipley Drive and Lot 806 DP 1067078, 52 Shipley Drive, Rutherford. The subject land is zoned 4(a) General Industry under the provisions of the Maitland Local Environmental Plan, 1993. Bulky Goods Showroom & Warehouse is a permissible form of development in the 4(a) General Industrial Zone with Council consent and is not inconsistent with the objectives of the zone. The application is consistent with relevant planning policy and is considered to provide a positive impact to the built environment as it will provide a ‘bookend’ affect to the intersection of Shipley Drive and the New England Highway. The application is forwarded to Council for determination as the estimated value of the proposal exceeds officer delegations for determination.

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DA 06-3293 Bulky Goods Showroom & Warehouse Lot 903 DP 1083789, 58 Shipley Drive and Lot 806 DP 1067078, 52 Shipley Drive, Rutherford (Cont)


DA 06-3293 for Bulky Goods Showroom & Warehouse on Lot 903 DP 1083789, 58 Shipley Drive and Lot 806 DP 1067078, 52 Shipley Drive, Rutherford be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Fairweather, Seconded Clr White

CARRIED

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

Council’s Approval. 1 The applicant shall comply with all conditions within this schedule prior to

occupancy of the proposed development.

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

CONTRIBUTIONS/FEES 3 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act

1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $39,000 shall be paid to the Council. The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006. The time of the above payment shall be as follows: - Development applications involving building work - prior to release of the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.

CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate

parking facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.

Page 24



4 The provision of on-site parking in accordance with Council's Car Parking

Policy adopted 24th January, 2006. For the subject application the required car parking has been assessed at a minimum of 170 spaces.

5 All parking and loading bays shall be permanently marked out on the pavement surface, with loading bays being clearly indicated by means of appropriate signage.

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

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

6 The landscaped area of the development is to be maintained at all times in

accordance with the approved landscape plans.

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

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

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

7 All service pipes and vents shall be concealed within the external walls of

the development. Access panels are to be provided as per the requirements of the relevant authorities.

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

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

8 It is the Applicants responsibility to ensure compliance with the

requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

9 All aspects of the building design shall comply with the applicable performance requirements of the BCA so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety),

Page 25



health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: a) complying with the deemed to satisfy provisions, or b) formulating an alternative solution which:

i) complies with the performance requirements, or ii) is shown to be at least equivalent to the deemed to satisfy

provision, or c) a combination of a) or b).

10 All building work must be carried out in accordance with the provisions of

the Building Code of Australia.

11 The building must comply with the Category 1 fire safety provisions applicable to the proposed new use.

12 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings.

13 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

14 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by

the owner of the building) who is competent to carry out such inspection and test; and

b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building).

Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

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

16 The proposed building works are to be constructed clear of the existing easement. No fill or structures that would normally require the consent of

Page 26



Council are permitted within the easement.

SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt and external

fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and/or initiate automatic counter measures and to provide for on-going maintenance of all active services.

17 A copy of the fire safety schedule and fire safety certificate is to be

prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

18 A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

19 Fire safety notices of a size and kind prescribed by the Environmental Planning and Assessment Regulations are to be displayed at all times in a conspicuous position adjacent to, but not within, any fire isolated passageway, fire isolated ramp or a fire isolated stairway.

ACCESS & EGRESS Reason: The objectives of the following conditions are to ensure that a building is designed and

constructed to provide adequate means of escape in the case of fire or other emergency, exits are constructed to provide safe passage from a building and to provide reasonable provision to facilitate access and circulation by people with disabilities.

20 Access for disabled persons must be provided in accordance with DP1,

DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".

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

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

21 All excavated an/or filled areas are to be retained or battered and suitably

drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.

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Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

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

23 If the work: i) is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

24 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and (ii) showing the name of the person in charge of the work site and a

telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed. This condition does not apply to: (i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied

continuously (both during and outside working hours) while the work

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is being carried out.

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

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

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

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

29 Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

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Clr Geoghegan returned to the chambers at 6.02pm 9.2.6 ALCOHOL FREE ZONE MAITLAND CBD & RUTHERFORD MALL

File No: 21/44/1

Attachments: Map of Alcohol Free Zones Application for Alcohol Free Zone from NSW Police Service Memo of Support Council's Community Planner - Safety & Youth

Responsible Officer: Leanne Harris Group Manager Planning & Regulation

Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY An application was received from the NSW Police Service, requesting the reinstating of the Alcohol Free Zones in Maitland Central Business District and Rutherford Mall in accordance with the Local Government Act 1993, Part 4 – Street Drinking. The alcohol free zones shall comprise the following streets. 1. High Street Maitland between Church Street and Ken Tubman Drive (east)

including the Maitland Heritage Mall. 2. Rutherford Mall Rutherford. From East Mall to West Mall including public

pathway areas. 3. Maitland Central Business Districts streets; a) Ken Tubman Drive (east) from High St to Church Street b) Church Street from Ken Tubman Drive to High Street c) High Street from Church Street to Little Hunter Street d) Elgin Street from High Street to Ken Tubman Drive e) Bulwer Street from High Street to Ken Tubman Drive f) Bourke Street from High Street to Ken Tubman Drive 4. Council leased Uniting Church car park in Ken Tubman Drive. This report describes the procedures undertaken to process this application and recommends that Council formally resolve to re-establish the alcohol free zones.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

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ALCOHOL FREE ZONE MAITLAND CBD & RUTHERFORD MALL (Cont.)

1. An Alcohol Free Zone in the undermentioned streets and car parks in Maitland Central Business District and Rutherford Mall be declared to operate from 5 February 2007 to 4 February 2010.

1.1. High Street Maitland between Church Street and Ken Tubman Drive (east) including the Maitland Heritage Mall.

1.2. Rutherford Mall Rutherford. From East Mall to West Mall including public pathway areas.

1.3. Maitland Central Business Districts streets;

a) Ken Tubman Drive (east) from High St to Church Street

b) Church Street from Ken Tubman Drive to High Street

c) High Street from Church Street to Little Hunter Street

d) Elgin Street from high Street to Ken Tubman Drive

e) Bulwer Street from High Street to Ken Tubman Drive

f) Bourke Street from High Street to Ken Tubman Drive

1.4. Council leased Uniting Church car park in Ken Tubman Drive.

2. The starting date of the alcohol free zone to be advertised.

3. Existing signage be amended indicating the starting and finishing dates of the operation of the zones.


CARRIED

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9.2.7 EASTERN SUBURBS CRICKET CLUB SPECIAL EVENT APPLICATION FOR FIREWORKS DISPLAY

File No: 150/5

Attachments (3): Locality Map Submissions Special Event Policy

Responsible Officer: David Simm Manager Development & Environment

Author: Juliet Kauter Environmental Health Officer

EXECUTIVE SUMMARY In accordance with Council’s Special Event Policy Eastern Suburbs Cricket Club submitted an application to Council to obtain approval to hold their annual cricket match and fireworks display at King Edward Park at the corner of Lawes, Grant and Banks Streets East Maitland. The club propose to hold the event between 4pm and 10pm and the fireworks display between 8.30pm and 8.45pm on Thursday February 22nd 2007. In accordance with Council’s Special Event Policy the proposed event was advertised in the Mercury and Council is in receipt of three submissions from the public concerning the need for the fireworks display and the impact this display may have on their horses.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council approve the use of King Edward Park for the event however, prevent the club from holding the fireworks display.

Moved Clr Garnham, Seconded Clr Geoghegan

CARRIED

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9.2.8 AQUATIC FEASIBILITY STUDY- CURRENT STATUS AND FUTURE DIRECTIONS

File No: 129/12

Responsible Officer: Leanne Harris Group Manager, Planning and Regulation

Author: Lynn Morton Manager Community and Recreation Services

EXECUTIVE SUMMARY This report provides the Council with an update on the status of investigations into a proposed aquatic centre and makes recommendations on the next stages in the process. Various work has been completed to date, including Stage 1 of a feasibility study detailing the economic and social benefits of a year round aquatic facility, condition and technical assessments of the current facilities, an assessment of market trends and their implications, catchment and demographic analysis of existing users and attitude and opinion surveys. As a result of these investigations it is apparent that there are various opportunities for Council to pursue in terms of best meeting the aquatic needs of the City including redevelopment of the existing centres or provision of a new or upgraded facility. In order to progress the matter, this report recommends that Council commission the preparation of a Development Options Study and that the current Councillor / Council Officer Aquatic Working Party be charged with the responsibility for overseeing the delivery of the project.


1. Council undertake the preparation of a Development Options Study to guide Council in its decision making process regarding future:

a) redevelopment and upgrading opportunities, and

b) the operation, management and programming of each venue.

2. Up to $30,000 be allocated from the administrative component of Council’s existing Section 94 contributions to complete the required works.

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Aquatic Feasibility Study- Current Status and Future Directions (Cont.)

3. Council’s Sport and Recreation Advisory Board be advised of Council’s decision.

Moved Clr Geoghegan, Seconded Clr Woods

CARRIED

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9.2.9 RELOCATION OF MAITLAND BASEBALL CLUB

File No: 101/30

Attachment (1): Correspondence from Clubs


Author: Leanne Harris Group Manager Planning & Regulation

EXECUTIVE SUMMARY On the 28th November Council resolved to proceed with a proposed synthetic hockey facility within Maitland Park, and in order to accommodate this facility, relocate Maitland Baseball to another location within the Park. Representation from Maitland Mavericks Baseball and other user groups of the Park has been received highlighting concerns with this decision and the potential impacts on the Park users. Whilst Council was previously informed of many of the concerns, particularly the inability to provide lighting currently enjoyed by the Baseball Club, alternative options that appeared acceptable to Baseball were limited and would add significantly to the overall project costs. Subsequent discussions with Baseball representatives suggest that under the circumstances, relocation to Gillieston Heights Oval may be a more suitable outcome. Preliminary investigations have been undertaken with a view to identifying practicalities and costs associated with this option. As detailed in this report, whilst some additional work and costs will be required these are not considered excessive and would result in a better outcome for existing user groups as well as assisting in the delivery of the synthetic hockey facility. If Council is of a view to support this course of action, negotiations should continue with Baseball and other existing users of the site regarding detailed design and implementation strategies.

OFFICER'S RECOMMENDATION THAT:

1. In conjunction with the delivery of the Synthetic Hockey Facility, Council relocate Maitland Mavericks Baseball to Gillieston Heights Oval rather than within Maitland Park.

2. Council Officers continue to negotiate with representatives of Baseball and other existing users regarding an agreed design and implementation strategy for the required works.

3. Council advise Maitland Park Recreation Board of its decision

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Relocation of Maitland Baseball Club (Cont.)

4. Council advise the City United and Northern Suburbs Cricket Clubs of its decision.

PROCEEDINGS IN BRIEF Clr Humphery moved the following motion: THAT: 1. This item be deferred 2. Any issues raised including the relocation of Maitland Mavericks Baseball

be dealt with at the same time. (Moved Clr Humphery/Seconded Clr White) An amendment was moved by Clr Meskauskas to adopt the Officer’s Recommendation. (Moved Clr Meskauskas, Seconded Clr Procter) The amendment when put to the meeting was declared carried and on becoming the motion was also declared carried.

COUNCIL RESOLUTION THAT:

5. In conjunction with the delivery of the Synthetic Hockey Facility, Council relocate Maitland Mavericks Baseball to Gillieston Heights Oval rather than within Maitland Park.

6. Council Officers continue to negotiate with representatives of Baseball and other existing users regarding an agreed design and implementation strategy for the required works.

7. Council advise Maitland Park Recreation Board of its decision

8. Council advise the City United and Northern Suburbs Cricket Clubs of its decision.

Moved Clr Meskauskas, Seconded Clr Procter

CARRIED

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9.2.10 RUTHERFORD TENNIS COMPLEX PLAN OF MANAGEMENT

File No: P21774

Attachments (1): Draft Plan of Management

Responsible Officer: Lynn Morton Manager Community and Recreation Services

Author: Luke Erskine Recreation Planning Coordinator

EXECUTIVE SUMMARY On 12 September 2006, Council resolved to amend the Rutherford Tennis Complex Plan of Management to formalise the management and hiring of the facility. A Draft Plan of Management has been prepared and exhibited for the site. No submissions were received in relation to the Plan of Management.


1. Council adopt the attached Plan of Management for the Rutherford Tennis Complex, Fairfax Street, Rutherford.

2. Council advise the Maitland Sports and Recreation Advisory Board and the Rutherford Recreation Board of the decision.


CARRIED

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9.2.11 WORKS IN KIND / MATERIAL PUBLIC BENEFIT POLICY

File No: 103/41

Attachment (1): Policy

Responsible Officer: Leanne Harris Manager Planning and Regulation

Author: Amanda McMahon Development Contributions Coordinator

EXECUTIVE SUMMARY At its Ordinary Meeting on the 14 November 2006, Council resolved to proceed with the exhibition of the Draft Works in Kind / Material Public Benefits Policy. Exhibition of the policy subsequently took place from 20th November, 2006 through until the 22nd December, 2006. Whilst there were no external submissions received in relation to the exhibition, various comments have been made by Council’s officers, some of which have resulted in amendments to the Policy. These changes are not considered to significantly alter the content or operation of the draft Policy to that originally exhibited. Accordingly the draft Works in Kind / Material Public Benefits Policy is now presented to Council with a recommendation that Council formally adopt the Policy and thus provide a standard procedure and criteria for the assessment of offers of a Works in Kind or other Material Public Benefits in the Maitland LGA..

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT The Works in Kind / Material Public Benefits Policy 2006 be adopted by the Council.


CARRIED

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9.2.12 DUCKENFIELD PLAN OF MANAGEMENT

File No: PR35277

Attachments (3): Plan of Management - Duckenfield Flood Refuge Paddock Submissions Public Hearing - Minutes

Responsible Officer: Leanne Harris Manager Planning and Regulation

Author: Debbie Gordon Project Planner

EXECUTIVE SUMMARY A draft Plan of Management has been prepared in accordance with the requirements of the Local Government Act 1993 for Council owned land at Duckenfield. The land is identified as Lot 42 DP 874894, No. 528 Duckenfield Road, Duckenfield. Council considered a report on the use of the land as a proposed flood refuge paddock at the Ordinary Meeting of 11 July 2006. It was resolved to approve the Development Application for the use of the land during emergency periods subject to conditions of consent, to publicly exhibit the draft Plan of Management (POM) and hold a public meeting, and that the Councillors inspect the site. A number of submissions were received during the public exhibition period and the concerns were further debated at the combined public meeting and Councillor inspection held on site. The matters of concern primarily relate to the temporary use of the land as a flood refuge paddock and the management of such a use. The land was vested in Council in 1998 for the purpose of providing a publicly available flood free stock refuge for the local residents of Duckenfield and Millers Forest. As such, the land is classified as community land under the Local Government Act 1993. The POM outlines obligations for Council to care for and manage the land for use by the general public. It is a requirement of the Act for Council to prepare a Plan of Management for all Council owned land classified as “community” land. The primary use proposed to be permitted by this POM is for agriculture and a farm forestry project which is currently established on the land. The land is also identified for use as a refuge paddock in times of emergency when required. There have been no significant changes to the draft Plan made following public consultation as the concerns raised relate to the temporary use of the land in an

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Duckenfield Plan of Management (Cont.)

emergency which is to be managed in accordance with Local or State direction. The draft POM is now referred to Council for adoption.


1. The Plan of Management for the Duckenfield Flood Refuge Paddock as contained in Attachment 1 be adopted.

2. That the physical works required by Development Consent DA 05-2605 relating to the access road, gates, water service connection, and fill material, be satisfied prior to the leasing of the land in accordance with the Plan of Management.

3. Funds of $18,000 to be allocated towards the physical works required to be undertaken as an addition to the 2006/07 Management Plan.

4. The Maitland Displan be amended to incorporate the use of the Duckenfield Flood Refuge Paddock into the emergency procedure operations.


CARRIED

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9.2.13 MAITLAND CITY COUNCIL ENERGY SAVINGS ACTION PLAN

File No: 148/1

Responsible Officer: Leanne Harris / Chris James Group Manager Planning & Regulation / Group Manager Assets

Author: Deanne Nelson-Pritchard / Chris McGrath Senior Environmental Health Officer / Asset Engineer

EXECUTIVE SUMMARY The Department of Energy, Utilities and Sustainability (DEUS) implements the Energy Administration Amendment (Water and Energy Savings) Bill 2005. Through this Bill the Minister for Utilities has designated by a gazetted savings order that; all businesses and government agencies with high energy use at a site, and large local councils, are required to submit an energy savings action plan. Failure to submit would result in a penalty. The Maitland City Council developed their Energy Savings Action Plan and provided this to DEUS as a draft in December to meet the agreed deadlines for this project. The plan is now submitted to Council for endorsement and sign off by the General Manager. Maitland City Council is using this as an opportunity to undertake a staged review of each of the Council sites to ensure that energy efficiencies are located and resources are spent in the most appropriate areas.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the plan be endorsed and signed by the General Manager

Moved Clr Geoghegan, Seconded Clr White

CARRIED

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9.2.14 MT VINCENT RD WASTE DEPOT- ENVIRONMENTAL PROTECTION LICENCE ANNUAL RETURN

File No: P44197

Attachment (1): Annual Return

Responsible Officer: David Simm Manager Development and Environment

Author: Fiona Scanes Environmental Health Officer

EXECUTIVE SUMMARY This report has been prepared to seek authority to fix the Common Seal of Council to the Environmental Protection Licence Annual Return for the Mt Vincent Rd Waste Depot for the period 4th December 2005 to 3rd December 2006. Preparation and submission of this Annual Return to the NSW Department of Environment and Conservation by February 2nd 2007 is a statutory requirement of Council under the Protection of the Environment Operations Act 1997.

OFFICER’S RECOMMENDATIONS/COUNCIL RESOLUTION THAT:

1. Authority is granted to affix the Common Seal of Council to the Environmental Protection Licence Annual Return for the period 4th December 2005 to 3rd December 2006.

2. Council note the applicable annual licence fee for the operation of the Mt Vincent Rd Waste Depot of $3420.00.


CARRIED

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9.2.15 PROPOSED REZONING OF LAND AT ABERGLASSLYN ROAD, ABERGLASSLYN

File No: RZ 04017

Attachments Map

Submissions

Responsible Officer: Monica Gibson City Strategist

Author: Gary Hamer Town Planner

EXECUTIVE SUMMARY Council considered a report on 12 July 2005 for the rezoning of land located along Aberglasslyn Road, Aberglasslyn, to allow for residential development. Council resolved at this meeting to prepare a draft Local Environmental Plan, consult with public authorities, and place the draft Plan on public exhibition. The land is currently zoned 1 (b) Secondary Rural Land under the provisions of Maitland LEP 1993. The draft plan aims to rezone part of the land to 2 (a) Residential to allow the land to be developed for residential purposes. An environmental assessment of the proposal has been submitted and assessed. Some development design controls will be necessary to address flooding and noise constraints. These matters are considered to be reasonable for the development of new urban land. In accordance with Clause 66 of the Environmental Planning and Assessment Act 1979 the proposal was advertised for a period of twenty-eight days from 12 January 2006 until 10 February 2006. Two (2) submissions were received during the exhibition process in support of the proposal. The subject land is included as Category 1- Residential within the Maitland Urban Settlement Strategy (MUSS) and will form part of the Aberglasslyn Urban Release Area. The rezoning request is now referred to Council for further consideration, recommending that the draft plan to allow the land to be developed for residential purposes be supported and referred to the Minister of Planning to be legally made.

OFFICERS RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The amendment to the draft Local Environmental Plan referred to in this report be accepted, and that due to minor nature of the amendments, the plan not be re-exhibited in accordance with Section

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Proposed Rezoning of Land at Aberglasslyn Road, Aberglasslyn(Cont.)

68(3B) of the Environmental Planning and Assessment Act 1979 (the Act).

2. Pursuant to Section 68(4) of the Act, the draft Local Environmental Plan to rezone Lots 1,2 and 3 in DP 1015170 and Lot 1 in DP 577474, 117 – 149 Aberglasslyn Road, Aberglasslyn to 2(a) Residential under the provisions of the Maitland Local Environmental Plan 1993, be submitted to the Department of Planning with a request that the Minister makes the plan.

Moved Clr Fairweather, Seconded Clr Way

CARRIED

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9.3 ASSETS

9.3.1 DAY STREET EAST MAITLAND STORMWATER DRAINAGE WORKS

File No: 222/149

Responsible Officer: Chris James Group Manager Assets

Author: Scott Henderson Infrastructure Planning Engineer

EXECUTIVE SUMMARY The purpose of this report is to propose changes to the drainage construction programme. Since the adoption of the 2006/2009 Management Plan further information from the design process and a recently completed catchment study require that changes be made to the drainage construction program.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the drainage capital works program be amended to include the drainage works on Day Street East Maitland funded from the exclusion of Parkes Street, Rutherford.

Moved Clr Humphery, Seconded Clr Way

CARRIED

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9.3.2 MAITLAND CITY COUNCIL TEN YEAR INVOLVEMENT IN THE LOCAL GOVERNMENT ROAD SAFETY PROGRAM

File No: 140/16

Attachments: Letter of Invitation to Accept Award at 8th Local Government Road Safety Conference

Responsible Officer: Chris James Group Manager Assets

Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY Maitland City Council joined the Local Government Road Safety Program in 1995. The Local Government Road Safety Program Steering Committee would like to formally recognise the commitment to road safety that Local Government has played by awarding a commemorative plaque to each Council that has achieved the ten year milestone. An invitation to accept this award, to be presented at a gala dinner forming part of the 8th Local Government Road Safety Conference 31 January 2007, is being extended to the General Manager or an elected member of Council. Further an invitation is being extended to the General Manager or elected member of Council to accept one free registration to attend the full conference to be held at the Powerhouse Museum 31 January 2007 to 1 February 2007.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Council nominate the Mayor or his representative to:

i. Attend the gala dinner forming part of the 8th Local Government Road Safety Conference 31 January 2007 to accept the ten year commemorative plaque in recognition of Council’s commitment to road safety

ii. Accept the free conference registration and attend the full conference to be held at the Powerhouse Museum 31 January 2007 to 1 February 2007.

Moved Clr Fairweather, Seconded Clr Casey

CARRIED

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9.4 FINANCE AND ADMINISTRATION

9.4.1 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2006

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Kristy Bragg Compliance Accountant

EXECUTIVE SUMMARY The Local Government (General) Regulation 2005, Section 212 requires Council to report its investments.

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

Moved Clr Garnham, Seconded Clr Fairweather

CARRIED

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9.4.2 WRITING OFF OF FARMLAND RATES PURSUANT TO CLAUSE 130 OF THE LOCAL GOVERNMENT (GENERAL) REGULATION 2005

File No: 117/11

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Annette Peel Revenue Accountant

EXECUTIVE SUMMARY Clause 84 of Schedule 8 of the Local Government Act 1993 precludes Council from levying ordinary rates on any parcel of land in the farmland rating category that are more than 20 per cent above the amount levied as an ordinary rate for that parcel of land for the previous financial year. All amounts levied that are above the 20 per cent limit are to be written off pursuant to Clause 130 of the Local Government (General) Regulation 2005.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the total amount of $115,429.87 be written off various farmland properties where the ordinary rates levied for 2006/2007 are more than 20 per cent above the amount levied on the same properties for 2005/2006.


CARRIED

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9.4.3 COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND

File No: P40679

Attachments: Location Plan


Author: Frank Shrimpton Property and Risk Management Coordinator

EXECUTIVE SUMMARY Council has completed acquisition of this land and can now consider the classification of the land under the Local Government Act.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council give public notice of the proposal to classify the land Lot 2 DP 1047287 Sempill Street Maitland as operational land.


CARRIED

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10 ITEMS FOR INFORMATION

10.1 STATUS REPORT ON WORKS AND PROJECTS

File No: 122/814

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Richard Minter Manager Projects & Emergency Services

Ian Wakem Manager Civil Works

EXECUTIVE SUMMARY A report of the status of emergency services, major construction works and projects within the 2005/2006 and 2006/2007 Capital Works Programs undertaken by the City Works and Services Group is submitted for Council’s information.

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

Moved Clr Humphery, Seconded Clr Garnham

CARRIED

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10.2 CORRESPONDENCE ANALYSIS

File No: 35/61


Author: Matthew Ryan Corporate Documents Coordinator

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



CARRIED

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10.3 MONTHLY FINANCIAL REPORT - DECEMBER 2006

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

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10.4 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2006

File No: 2/8/12 & 2/10


Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report is to address any written public submissions received by Council with respect to Council’s financial reports and auditor’s reports for the year ended 30 June 2006.



CARRIED

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10.5 AREA ASSISTANCE SCHEME GRANTS

File No: 29/13

Responsible Officer: Lynn Morton Manager Community and Recreation Service

Author: Cathy Hurst Acting Community Development Officer

EXECUTIVE SUMMARY This report provides Council with an update of the State Government funded Area Assistance Scheme Grants programme and advises that Maitland has been successful in having a project picked up by the Department of Community Services for long term funding.



CARRIED

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10.6 NATIONAL LAW WEEK - PARTICIPATION BY MAITLAND CITY LIBRARY

File No: 86/20

Responsible Officer: Lynn Morton Manager Community & Recreation Services

Author: Keryl Collard City Librarian

EXECUTIVE SUMMARY Maitland City Library has a range of events planned for National Law Week 25 -31 March 2007. The events will provide opportunities for the community to gain a greater understanding of the law and an appreciation of the positive role law plays in our diverse and democratic society. Events include talks by local legal practitioners and a proposed debate between high school students and representatives from local law firms and/or the Law Society.



CARRIED

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10.7 KEY PERFORMANCE INDICATORS – DECEMBER 2006

File No: 35/57


Author: Melissa Allen Corporate Business Assistant

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



CARRIED

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10.8 MAITLAND ENVIRO YOUTH FORUM 2006

File No: 55/7

Responsible Officer: David Simm Manager Development and Environment

Author: Fiona Scanes Environmental Health Officer

EXECUTIVE SUMMARY The ninth Maitland Enviro Youth Forum was held at Walka Water Works on November 29th, 2006. Around seventy participants attending the event. Participants engaged in a range of information and practical environmental workshops and enjoyed presentations by the Australian Reptile Park and a representative of the local aboriginal community. The 2006 Maitland Enviro Youth Forum was funded by Council and through financial grant assistance provided by the Hunter-Central Rivers Catchment Management Authority. This report provides an overview of the event.

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


CARRIED

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10.9 WHITE RIBBON DAY 2006

File No: 27/2

Responsible Officer: Lynn Morton Manager Community and Recreation Services

Author: Kristen Swan Community Planner - Safety and Youth

EXECUTIVE SUMMARY White Ribbon day events were formally held on December 1st 2006 in the Maitland Mall. International day for the elimination of violence against women is officially recognised worldwide on November 25 each year. The White Ribbon has come to be the symbol for this day and cause. In Australia, this event is held in conjunction with 16 days of activism, to which Maitland City Council took part. A free breakfast, guest speakers, presentations from interested parties as well as the handing out of free white ribbons marked the day.


Moved Clr White, Seconded Clr Woods

CARRIED

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11 NOTICE OF MOTION/RESCISSION

12 QUESTIONS WITHOUT NOTICE

12.1 FOREST RIDGE ESTATE, BOLWARRA HEIGHTS – FILE NO. PA063498

Clr Woods asked whether Council has responded to the

correspondence regarding covenants on the development received by Council and Councillors on this matter.

The Group Manager Planning & Regulation stated that an

acknowledgment letter has been sent and a copy of the response will be circulated to Councillors.

12.2 EAST MAITLAND GASWORKS SITE – FILE NO. P36140 Clr Fairweather enquired if Council has received a response from the

Department of Lands in relation to this matter. The Group Manager Planning & Regulation will take on notice. 12.3 TELARAH LAGOON – FILE NO. RZ04018 Clr White asked if there was any progress on the development of

Heritage Holden site adjacent to Telarah Lagoon. The Group Manager Planning & Regulation stated that the land

has been rezoned but that no development application has been received.

12.4 RUTHERFORD SHOPPING CENTRE – FILE NO. DA 02-4229 Clr Meskauskas asked whether after hours construction works could

be carried out at the Rutherford Shopping Centre as the businesses are loosing revenue.

The Group Manager Planning & Regulation will investigate

however there is limited funding available. 12.5 MULCHING FACILITY – FILE NO. P28976 & 55/17

Clr Humphery asked when the provision of free mulch would be available for residents

The Group Manager Planning & Regulation stated that the mulching has been completed and the mulch will be available in the next couple of weeks.

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13 URGENT BUSINESS

Nil

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14 COMMITTEE OF THE WHOLE

14.1 PROPOSAL TO LEASE RUTHERFORD TENNIS COMPLEX

File No: P21774

Responsible Officer: Lynn Morton Manager, Community & Recreation Services


EXECUTIVE SUMMARY On 12 September 2006, Council resolved to endorse the calling for Expressions of Interest (EOI) from suitably qualified individuals and community organisations for the occupation of the Rutherford Tennis Courts and Clubhouse. EOI for the lease of the Rutherford Tennis Complex at Rutherford were called and closed on 17 November 2006. The EOI was called due to the termination of the previous lease of the Rutherford Tennis Complex by the Rutherford Tennis Club. This report provides details of the EOI process, Expressions received and EOI evaluation criteria. This report seeks Council’s endorsement of the lease of this complex. EOI evaluation information is provided, based on the EOI submissions received, subsequent Expression queries and reference checks and the financial return to Council.

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

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


CARRIED

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14.2 ACQUISITION OF PRIVATE LAND AT MORPETH ZONED 6(C) PROPOSED RECREATION.

File No: P25446 P23891 P44049 P44196



EXECUTIVE SUMMARY Council has received an offer to purchase three allotments of land at Morpeth and a portion of a fourth lot, all of which are partially or fully zoned 6(c)Proposed Recreation.


(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

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14.3 CONSIDERATION OF TENDERS - SUPPLY OF ELECTRICAL MAINTENANCE SERVICES

File No: 137/1095

Responsible Officer: Richard Minter Manager Projects & Emergency Services

Author: Brian Teare Recreation Projects Co-ordinator

EXECUTIVE SUMMARY The provision of electrical maintenance services to Council are undertaken by external contract, with the most recent contract now expired. As such tenders have been called for this service 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.


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


CARRIED

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14.4 CONSIDERATION OF TENDERS - PUBLIC TOILET AND BARBEQUE CLEANING

File No: 137/1094



EXECUTIVE SUMMARY The cleaning of Council’s public toilets and barbeques has been undertaken by contract since 1999. The existing contract for this service has expired. Tenders have been called for the cleaning of these facilities 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.




CARRIED

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14.5 CONSIDERATION OF TENDERS - RECONSTRUCTION AND REHABILITATION OF WOODBERRY ROAD, WOODBERRY

File No: 137/1097


Author: Ashley Kavanagh Project Engineer

EXECUTIVE SUMMARY Council’s Rolling Works Program includes the reconstruction and rehabilitation of Woodberry Road in Woodberry. The extent of works is from the end of Lawson Avenue to Homebush Drive. 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.




CARRIED

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14.6 CONSIDERATION OF TENDERS - SUPPLY OF PLUMBING MAINTENANCE SERVICES

File No: 137/1096



EXECUTIVE SUMMARY The provision of plumbing maintenance services to Council are undertaken by external contract, with the most recent contract now expired. Tenders have been called for this service 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.




CARRIED

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14.7 TENDERS FOR THE SUPPLY AND DELIVERY OF INERT COVER MATERIAL FOR MT VINCENT WASTE DEPOT

File No: 137/1093



EXECUTIVE SUMMARY This project involves the supply and delivery of inert cover material that is to be used to cover areas of placed waste at the Mt. Vincent Waste Depot. The contract is for the period 1st February 2007 to 30th June 2009. Tenders have been called for this supply 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.




CARRIED

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14.8 TENDERS FOR THE SUPPLY AND IMPLEMENTATION OF TRAFFIC CONTROL & TRAFFIC CONTROL PLANS

File No: 137/1099



EXECUTIVE SUMMARY This project involves the supply and implementation of traffic control and traffic control plans for Council works. The contract is for the period 1st February 2007 to 30th June 2012. Tenders have been called for this service 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.




CARRIED Clr Fairweather left the chambers during Committee of the Whole at 7.14pm for Items 14.4 and 14.6 as he had declared a pecuniary interest in these items. Clr Fairweather returned to the chambers at 7.25pm for the remainder of the Items for Committee of the Whole

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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 PROPOSAL TO LEASE RUTHERFORD TENNIS COMPLEX

File No: P21774

Attachment (1): General Lease Conditions

Responsible Officer: Lynn Morton Manager, Community & Recreation Services


EXECUTIVE SUMMARY On 12 September 2006, Council resolved to endorse the calling for Expressions of Interest (EOI) from suitably qualified individuals and community organisations for the occupation of the Rutherford Tennis Courts and Clubhouse. EOI for the lease of the Rutherford Tennis Complex at Rutherford were called and closed on 17 November 2006. The EOI was called due to the termination of the previous lease of the Rutherford Tennis Complex by the Rutherford Tennis Club. This report provides details of the EOI process, Expressions received and EOI evaluation criteria. This report seeks Council’s endorsement of the lease of this complex. EOI evaluation information is provided, based on the EOI submissions received, subsequent Expression queries and reference checks and the financial return to Council.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council resolve to enter into negotiations for an appropriate lease with the Maitland Tennis Centre to occupy Council land described as Lot 346 DP817435, Lot 41 DP 813269, Lot 28 DP 809354 and part Lot 30 DP 262217 Rutherford, for a period of five (5) years from the date of execution of the lease.

2. Council’s General Manager be delegated authority to negotiate the lease agreement between the Maitland Tennis Centre and Maitland City Council and approve the affixing of the Common Seal of Council to the executed lease documents.

Moved Clr Meskauskas, Seconded Clr Garnham

CARRIED

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15.2 ACQUISITION OF PRIVATE LAND AT MORPETH ZONED 6(C) PROPOSED

RECREATION.

File No: P25446 P23891 P44049 P44196



EXECUTIVE SUMMARY Council has received an offer to purchase three allotments of land at Morpeth and a portion of a fourth lot, all of which are partially or fully zoned 6(c)Proposed Recreation.


1. Council decline the offer to purchase the subject land for $300,000.

2. Council reconfirm its offer to purchase Lot 63 DP668683 for the amount and terms contained in this report.

3. Council reconfirm its offer to purchase Lot 63 DP663806 for the amount and terms contained in this report.

4. Council offer to purchase Lot 1 DP1092756 for the amount and terms contained in this report.

5. Council offer to purchase part of Lot 120 DP1090673 for the amount and terms contained in this report.

6. Council authorise the General Manager to negotiate on behalf of Council within the terms contained in this report.

7. Council resolve that the Common Seal may be affixed to the Contract of sale and transfer documents as required.


CARRIED

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15.3 CONSIDERATION OF TENDERS - SUPPLY OF ELECTRICAL

MAINTENANCE SERVICES

File No: 137/1095



EXECUTIVE SUMMARY The provision of electrical maintenance services to Council are undertaken by external contract, with the most recent contract now expired. As such tenders have been called for this service 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.


1. Council accept the tender of Penman Electrics Pty Ltd;

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


CARRIED

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15.4 CONSIDERATION OF TENDERS - PUBLIC TOILET AND BARBEQUE CLEANING

File No: 137/1094



EXECUTIVE SUMMARY The cleaning of Council’s public toilets and barbeques has been undertaken by contract since 1999. The existing contract for this service has expired. Tenders have been called for the cleaning of these facilities 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.


1. Council accept the tender of Transfield Services Pty Ltd in the amount of $126,467 (GST inclusive);



CARRIED

Note: Clr Woods requested that her name be recorded against the decision.

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15.5 CONSIDERATION OF TENDERS - RECONSTRUCTION AND REHABILITATION OF WOODBERRY ROAD, WOODBERRY

File No: 137/1097



EXECUTIVE SUMMARY Council’s Rolling Works Program includes the reconstruction and rehabilitation of Woodberry Road in Woodberry. The extent of works is from the end of Lawson Avenue to Homebush Drive. 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.


1. Council accept the tender of Woodbury’s Haulage and Earthmoving in the amount of $429,750.00 (GST inclusive);



CARRIED

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15.6 CONSIDERATION OF TENDERS - SUPPLY OF PLUMBING MAINTENANCE SERVICES

File No: 137/1096



EXECUTIVE SUMMARY The provision of plumbing maintenance services to Council are undertaken by external contract, with the most recent contract now expired. Tenders have been called for this service 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.


1. Council accept the tender of Darren O’Brien Plumbing Pty Ltd;



CARRIED

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15.7 TENDERS FOR THE SUPPLY AND DELIVERY OF INERT COVER MATERIAL FOR MT VINCENT WASTE DEPOT

File No: 137/1093



EXECUTIVE SUMMARY This project involves the supply and delivery of inert cover material that is to be used to cover areas of placed waste at the Mt. Vincent Waste Depot. The contract is for the period 1st February 2007 to 30th June 2009. Tenders have been called for this supply 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.


1. Council accept the tender of Gosforth Quarries Pty Ltd in the amount of $7.00 per tonne (G.S.T. Inclusive)



CARRIED

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15.8 TENDERS FOR THE SUPPLY AND IMPLEMENTATION OF TRAFFIC CONTROL & TRAFFIC CONTROL PLANS

File No: 137/1099



EXECUTIVE SUMMARY This project involves the supply and implementation of traffic control and traffic control plans for Council works. The contract is for the period 1st February 2007 to 30th June 2012. Tenders have been called for this service 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.


1. Council accept the tender of Professional Traffic Solutions



CARRIED

16 CLOSURE

The meeting was declared closed at 7.27 pm. ....................……............ ......……......................... Acting General Manager Chairperson

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