ordinary meeting minutes 13 december 2016

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Maitland City Council I Ordinary Meeting Minutes ORDINARY MEETING MINUTES 13 DECEMBER 2016

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Page 1: ORDINARY MEETING MINUTES 13 DECEMBER 2016

Maitland City Council I Ordinary Meeting Minutes

ORDINARY MEETING

MINUTES

13 DECEMBER 2016

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13 DECEMBER 2016

Maitland City Council | Ordinary Meeting Minutes Pii

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

2 ACKNOWLEDGEMENT OF COUNTRY ..................................... 1

3 APOLOGIES AND LEAVE OF ABSENCE ................................... 1

4 DECLARATIONS OF INTEREST ................................................ 1

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 1

6 BUSINESS ARISING FROM MINUTES ..................................... 2

7 MAYORAL MINUTE ................................................................. 2

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE

ITEMS OF BUSINESS ................................................................ 2

9 PUBLIC ACCESS ....................................................................... 2

10 GENERAL MANAGER'S REPORTS ........................................... 3

10.1 COUNCIL ADMINISTRATION FACILITIES ...................................... 3

11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ....... 5

11.1 DA 16-2384 MULTIPURPOSE COMMUNITY CENTRE - LOT 1

DP1220061, 25 REDWOOD DRIVE, GILLIESTON HEIGHTS

RECOMMENDATION: APPROVAL ................................................. 5

11.2 ADOPTION OF AMENDMENTS TO MAITLAND CITY WIDE

SECTION 94 CONTRIBUTIONS PLAN 2016 ................................. 15

11.3 AMENDMENT TO MAITLAND CITY WIDE SECTION 94

CONTRIBUTIONS PLAN 2016 TO INCLUDE A CATCHMENT

FOR LOUTH PARK ........................................................................ 16

11.4 REVIEW OF LAND USES IN THE R5 LARGE LOT

RESIDENTIAL ZONE IN THE MAITLAND LOCAL

ENVIRONMENTAL PLAN 2011 .................................................... 18

11.5 CERTIFICATION OF THE HUNTER ESTUARY COASTAL ZONE

MANAGEMENT PLAN .................................................................. 20

11.6 RIVERLIGHTS MULTICULTURAL FESTIVAL ................................. 21

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11.7 MAITLAND PLACE ACTIVATION STRATEGY ............................... 22

12 INFRASTRUCTURE AND WORKS REPORTS .......................... 24

12.1 2016 / 2017 PLANT REPLACEMENT PROGRAM .......................... 24

13 ADMINISTRATION AND GOVERNANCE REPORTS .............. 25

13.1 REQUEST FOR EASEMENT OVER COUNCIL LAND AT EAST

MAITLAND ................................................................................... 25

13.2 DELEGATION FOR ACCEPTANCE OF TENDERS ........................... 26

13.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS

STREET, ABERGLASSLYN - DRAINAGE AND FENCING

ISSUES .......................................................................................... 27

13.4 LEASE OF COUNCIL LAND AT TELARAH FOR

TELECOMMUNICATIONS FACILITY ............................................. 28

13.5 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2016 ...... 30

14 STRATEGY AND PERFORMANCE REPORTS .......................... 31

14.1 NEW COUNCIL BROCHURE - 'MAKING IT EASY - OUR

COMMITMENT TO YOU' .............................................................. 31

15 MAJOR PROJECTS REPORTS .................................................. 32

16 HUMAN RESOURCES REPORTS ............................................ 32

17 ITEMS FOR INFORMATION ................................................... 33

17.1 ELECTION TIMING AND CYCLE OF COUNCIL ............................. 33

17.2 LOCAL TRAFFIC COMMITTEE MEETING - OCTOBER 2016 &

NOVEMBER 2016 MINUTES ......................................................... 34

17.3 STREET EATS - MOBILE FOOD PILOT PROGRAM ........................ 35

17.4 2016 NEWCASTLE SCIENCE AND ENGINEERING

CHALLENGE SPONSOR REPORT ................................................. 36

17.5 NSW TOURISM AWARDS - HUNTER VALLEY STEAMFEST .......... 37

18 NOTICES OF MOTION/RESCISSION ..................................... 38

18.1 GRAVE RESTORATION ................................................................. 38

19 QUESTIONS WITH NOTICE ................................................... 40

20 URGENT BUSINESS ............................................................... 40

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21 COMMITTEE OF THE WHOLE ................................................ 41

21.1 TENDER EVALUATION REPORT ON THE RECEIVAL AND

TREATMENT AND OR DISPOSAL OF MIXED DOMESTIC

WASTE .......................................................................................... 41

21.2 CONSIDERATION OF TENDERS - CORPORATE WEBSITE

REDEVELOPMENT ........................................................................ 43

21.3 MAITLAND NO. 1 SPORTSGROUND - EXTENSION OF LEASE

- TELECOMMUNICATIONS TOWER ............................................. 45

21.4 PROPOSED ROAD WIDENING - LOT 1, DP 733766,102

ALLANDALE ROAD, ALLANDALE ................................................ 46

21.5 CONSIDERATION OF TENDERS - SCOUR PROTECTION &

BRIDGE ABUTMENT REPAIRS - WOLLOMBI ROAD,

BISHOPS BRIDGE ......................................................................... 48

21.6 CONSIDERATION OF TENDERS - 2015/2016 PLANT

REPLACEMENT PROGRAM - PURCHASE OF TWO TIPPER

BODIES AND TWO CAB CHASSIS ................................................ 50

21.7 CONSIDERATION OF TENDERS - 2015 / 2016 PLANT

REPLACEMENT PROGRAM - PURCHASE OF TWO 100HP

TRACTORS .................................................................................... 52

21.8 CONSIDERATION OF TENDERS - PLANT & EQUIPMENT

HIRE ............................................................................................. 54

21.9 CONSIDERATION OF TENDERS - CENTRAL MAITLAND

CLEANING SERVICES ................................................................... 56

21.10 CONSIDERATION OF TENDERS - SUPPLY & DELIVERY OF

BULK FUEL ................................................................................... 58

22 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 60

23 CLOSURE ................................................................................ 65

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Maitland City Council | Ordinary Meeting Minutes P1

PRESENT Clr Robert Aitchison

Clr Loretta Baker

Clr Peter Blackmore

Clr Brian Burke

Clr Peter Garnham

Clr Bob Geoghegan

Clr Arch Humphery

Clr Nicole Penfold

Clr Philip Penfold

Clr Steve Procter

Clr Ken Wethered

Clr Ben Whiting

1 INVOCATION

Mr Scott Wilmott of the Hinton Baptist Church read the customary prayer at

the commencement of the meeting.

2 ACKNOWLEDGEMENT OF COUNTRY

Clr Ken Wethered read the Acknowledgement of Country.

3 APOLOGIES AND LEAVE OF ABSENCE

COUNCIL RESOLUTION

THAT the apologies received from Clr Meskauskas be accepted.

Moved Clr R Aitchison, Seconded Clr B Burke

CARRIED

4 DECLARATIONS OF INTEREST

Nil

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 22 November 2016 be

confirmed.

Moved Clr A Humphery, Seconded Clr N Penfold

CARRIED

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6 BUSINESS ARISING FROM MINUTES

Nil

7 MAYORAL MINUTE

Nil

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS

OF BUSINESS

8.1 Withdrawal of Item 11.2 - Adoption of Amendments to Maitland City Wide

Section 94 Contributions Plan 2016.

COUNCIL RESOLUTION

THAT Council accept the withdrawal of Item 11.2 - Adoption of

Amendments to Maitland City Wide Section 94 Contributions Plan 2016.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED

9 PUBLIC ACCESS

Nil

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10 GENERAL MANAGER'S REPORTS

10.1 COUNCIL ADMINISTRATION FACILITIES

FILE NO: 103/4/23

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: David Evans - General Manager

AUTHOR: David Evans - General Manager

MAITLAND +10 Outcome 15. Central Maitland, vibrant heart of our

City

COUNCIL OBJECTIVE: 15.2.3 To reinforce Central Maitland as the focal point

for governing and civic leadership through improved

Council administration facilities

EXECUTIVE SUMMARY

This report is to provide an update on progress of investigations into the construction of a

new fit for purpose Administration Centre for Maitland City Council and the City.

OFFICER’S RECOMMENDATION

THAT

1. Council accept and adopt the ‘Site Planning Principles’ and ‘Building Design

Principles’ as presented in this report in relation to the proposed

development of a new Administration Centre for Council and the City at the

corner of High and Devonshire Streets;

2. Council endorse the continued development of concept designs for the

proposed Administration Centre based on the adopted principles;

3. Council proceed with the preparation and refining of a Capital Expenditure

Review for the proposed Administration Centre;

4. Council continue to investigate procurement options for the delivery of the

proposed Administration Centre; and

5. Further reports continue to be provided to Council as project planning, the

Capital Expenditure Review and procurement options are progressed.

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COUNCIL RESOLUTION

THAT

1. Council accept and adopt the ‘Site Planning Principles’ and ‘Building Design

Principles’ as presented in this report in relation to the proposed

development of a new Administration Centre for Council and the City at the

corner of High and Devonshire Streets;

2. Council endorse the continued development of concept designs for the

proposed Administration Centre based on the adopted principles;

3. Council proceed with the preparation and refining of a Capital Expenditure

Review for the proposed Administration Centre;

4. Council continue to investigate procurement options for the delivery of the

proposed Administration Centre; and

5. Further reports continue to be provided to Council as project planning, the

Capital Expenditure Review and procurement options are progressed.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED

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11 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS

11.1 DA 16-2384 MULTIPURPOSE COMMUNITY CENTRE - LOT 1 DP1220061,

25 REDWOOD DRIVE, GILLIESTON HEIGHTS

RECOMMENDATION: APPROVAL

FILE NO: DA 16-2384

ATTACHMENTS: 1. Locality Plan

2. Development Plans

3. Submisson

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Leanne Harris - Development Assessment Coordinator

AUTHOR: Belinda Martin - Town Planner

APPLICANT: Maitland City Council

OWNER: Maitland City Council

PROPOSAL: Multipurpose Community Centre

LOCATION: 25 Redwood Drive, Gillieston Heights – Lot 1, DP 1220061

ZONE: R1 General Residential

EXECUTIVE SUMMARY

Council proposes construction of a Multipurpose Community Centre in Gillieston Heights

(within the existing approved subdivision Urban Release Area of ‘Wallis Creek Estate’).

The site is located at 25 Redwood Drive, Gillieston Heights. The land is not flood prone

however is within close proximity to a drainage reserve to the north and Wallis Creek is

situated approximately 800m to the east of the site. The lot is currently undeveloped but

lies in close proximity to existing residential development and the established children’s

playground area. The site is mapped as containing Acid Sulfate soils Class 5.

The application was lodged with Council on 14 October 2016 and was placed on public

exhibition for a period of 14 days from 31 October 2016 until 14 November 2016. As a

result of this process only one submission in support of the development was received and

no objections.

Whilst the proposal will have some minor impact on the area (noting the land is currently

vacant), the proposal provides a positive social and economic benefit for the growing

Community of Gillieston Heights through the provision of a Multipurpose Community

Centre. The facility will cater for a wide variety of activities such as meetings, functions,

sporting events, care facilities and workshops. It is considered the proposal is in the public

interest as it will provide an overall benefit to the Community of Gillieston Heights and the

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Maitland City Council | Ordinary Meeting Minutes P6

Maitland area by maximising positive social outcomes and ensuring that the needs of the

Community are met in an equitable and inclusive way, whilst ensuring environmental,

social and economic qualities are enhanced.

The development application has been assessed against the relevant heads of

consideration under the Environmental Planning and Assessment Act 1979 and is found to

be satisfactory.

OFFICER’S RECOMMENDATION

THAT

1. Development Application No. 16-2384 for a Multipurpose Community Facility

on Lot 1, DP 1220061, No 25 Redwood Drive, Gillieston Heights, be approved

subject to the schedule of conditions contained within the report.

COUNCIL RESOLUTION

THAT

1. Development Application No. 16-2384 for a Multipurpose Community Facility

on Lot 1, DP 1220061, No 25 Redwood Drive, Gillieston Heights, be approved

subject to the schedule of conditions contained within the report.

Moved Clr B Whiting, Seconded Clr P Penfold

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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SCHEDULE OF CONDITIONS

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.

Schedule of Conditions DA 16-2384

1. Development Consent is granted for a Multipurpose Community Centre at

25 Redwood Drive, Gillieston Heights (Lot 1, DP 1220061).

2. The development shall be carried out in accordance with the stamped

approved plans and documentation as detailed in the following schedule and

any amendments arising through conditions to this consent or as shown in red

colour on the plans:

Plan Ref No. Sheet

No.

Revision

No.

Revision

Date

Prepared by:

(consultant)

Plan of Subdivision

N/A

Registered 11.5.2016 –

Brett Douglas Kittel

Surveyor.

Partial detail survey Sheet 1 20.4.2016 Pulver Cooper and

Blackley

Cover sheet and Site

analysis 0201 D 26.9.2016 Webber Architects

Site Plan 0203 F 19.4.2016 Webber Architects

Landscape Plan 0204 E 26.9.2016 Webber Architects

Ground Floor Plan 0301 G 29.8.2016 Webber Architects

Elevations 1 and 2 0401 E 26.9.2016 Webber Architects

Elevations 3 and 4 0402 E 26.9.2016 Webber Architects

Sections A & B 0501 D 26.9.2016 Webber Architects

Stormwater

Management Plan C001 A 27.9.2016 GHD

Sediment and

Erosion Control Plan C002 A 27.9.2016 GHD

Sediment and

Erosion Control

details

C003 A 27.9.2016 GHD

Entrance Perspective SK28 C 26.9.2016 Webber Architects

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Lighting Layout L01 B 22.9.2016 Electrical Projects

Australia

Indicative Materials 10_01 B 16.9.2016 Webber Architects

Acoustic Report Sept 2016 Spectrum Acoustics

Landscape Report 19.9.2016 Terra Aqua

Sustainable Solutions

3. Prior to the issue of the Construction Certificate, a compliance Certificate

under Section 50 of the Hunter Water Act for this development, shall be

submitted to the Accredited Certifier.

4. A Construction Certificate is to be obtained prior to commencing

construction works. The construction certificate application is to include

detailed plans and specifications for the construction of the

building/structure.

5. The applicant shall submit to Council a “Notice of Commencement” form at

least two (2) days prior to the commencement of construction works.

6. The person having the benefit of the consent shall ensure that critical stage

inspections are carried out and notify the Principal Certifying Authority giving

adequate notice of the time that each stage of the building/development is

ready for inspection.

7. Hours of operation of the Facility will be restricted to the following times:

Sunday to Thursday – 8am to 10pm; and

Friday and Saturday – 8am to 12pm (midnight).

Any change to the above hours of operation requires approval from Maitland

Council. Other internal operations such as cleaning, preparation and office

administration may be undertaken outside of the above hours provided no

disturbance to the amenity of the neighbourhood occurs.

8. A public art feature shall be designed for the site to be located near the apex

of Redwood Drive and Pine Street. The public art feature shall provide visual

interest for pedestrians, interpret or reflect the local setting, landscape

character and/or cultural setting of the Gillieston Heights area and Maitland

area generally. The feature shall be designed to ensure long-term durability

and be resistant to vandalism such as rough surfaces, steel murals or tiles

with spaces between which make it difficult to ‘tag’ with graffiti. Details shall

be approved by Council Planning staff prior to installation of any public art

feature and prior to the issue of any Interim or final Occupation

Certificate.

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9. All equipment, fixtures and fittings must comply with the requirements of The

Food Act 2003, Food Regulation 2004, Food Standards Code and Australian

Standard AS 4674 for the Design, Construction and Fit out of Food Premises.

10. If Council is nominated as the Principal Certifying Authority, details of

compliance are to be included in the plans and specifications for the

Construction Certificate. Council’s Environmental Health Officer is to be given

48 hours notice to inspect the premises prior to the commencement of the

business.

11. Prior to commencement of works evidence that a Trade Waste Application

has been approved by Hunter Water for the commercial kitchen is to be

provided to the Principal Certifying Authority.

12. A garbage storage area is to be provided as indicated on the approved plans.

Storage and collection should be managed within the loading dock area as

identified on the plan and serviceable by Council waste collector from the

adjoining road. Waste and recyclable material, generated by the premises,

must not be collected between the hours of 10pm and 6am on any day.

13. That provision be made for cigarette butt receptacles on the site to minimise

littering. Cigarette butt receptacles must be provided during building works

on the site, and be permanently provided to the Facility of the development

after construction in appropriate outdoor locations.

14. Any advertisement shall relate to the approved development or premises

situated on that land. The advertisement must be maintained in a

presentable and satisfactory state of repair. Any proposed illumination of

signage must maintain a low halo illumination at all times. Signage on the site

shall not include flashing lights, electronically changeable messages, animated

displays or complex displays that holds drivers’ attention beyond ‘glance

appreciation’. Final details of the graphic design for the signage shall be

provided to Council for approval prior to the installation of any signage.

15. Landscaping shall be implemented/installed in accordance with the approved

landscape plans and documentation. Additional medium sized canopy trees

for shade should be included in the breakout areas to the north and east of

the development to ensure the provision of shade. Some taller native shrubs

should also be incorporated into the proposed landscaping in the area

immediately to the south of the car park to screen it from the streetscape.

Additional double flowering plums should be included along the western

elevation of the breakout area to Activity room 2 to screen it from view.

Palisade fencing should also continue around the perimeter of this breakout

area and be combined with landscaping to ensure visual impacts are mitigated

to the surrounding residences. A revised landscape plan prepared by an

Accredited Landscape Consultant is to be provided to Council for approval

prior to the issue of the Construction Certificate.

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16. All landscape works are to be undertaken prior to the issue of any Interim

of Final Occupation Certificate. Upon completion of landscape works the

Certifying Authority shall establish and certify the satisfactory completion of

landscaping works approved by this consent. All landscaping shall be

permanently maintained to a high standard at all times.

17. The development shall provide thirty six (36) on site car parking spaces,

including two (2) disabled spaces in accordance with the approved plans.

These spaces shall be separately accessible, clearly line marked with disabled

spaces clearly signposted and adequately paved and drained.

18. All driveways parking areas and vehicle turning areas shall be constructed

with a segmental paver surface (on a concrete sub-base), bitumen surface (on

road base) or as reinforced concrete.

19. All parking bays and access corridors shall be designed in accordance with

AS2890 and delineated with line-marking and/or signposting.

20. Vehicles being loaded or unloaded are to stand within the premises and within

loading bays designated on the approved plans. Vehicles are not to be loaded

or unloaded at the kerbside or across the public footpath.

21. Prior to commencement of construction of the driveway crossing on the public

footway verge, the works shall have been approved by Council. An application

form, “Application to Construction Private Works on Footway” shall be submitted

to Council, together with the appropriate fee (for each driveway).

22. Prior to the issue of the Occupation Certificate the driveway layout and profile

shall be constructed in concrete (heavy duty), in accordance with Council’s

Manual of Engineering Standards, which include the retention of (or if

damaged reconstruction as plain concrete of) any existing footpath, and with

reference to Council’s information document “Footway Crossings (Driveways)”:

(a) Install ‘Entry only” and “Exit only” signs at driveways facing traffic

approaching or departing from the development.

23. Prior to the issue of the Construction Certificate, the construction details

in accordance with Council’s Manual of Engineering Standards shall be

provided for the following storm water requirements:

(a) an emergency overland flow path for major storm events, that is directed

to the public drainage system, and

(b) entrapment of gross pollutants, nutrients and hydrocarbons generated

from the catchments, (including roads and adjoining properties).

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24. Prior to the issue of the Occupation Certificate, the storm water-control

system shall be constructed in accordance with the approved storm water

drainage plan.

25. The proposed development shall be provided with access and facilities for the

disabled. The facilities are to cater for persons with disabilities as per

Australian Standard AS 1428.1 and the relevant provisions of the Building

Code of Australia. Clear signage, symbols and tactile indicators should

delineate access within the site and pathways are to be constructed to the

provisions of the Australian Standard AS 1428.1.

26. All lighting is required to meet the minimum Australian and New Zealand

Standards. Lighting should be low glare, vandal resistant and free from

obstructions. Security and sensor lighting is to be provided within the

proposed car park and around the building in accordance with AS1158 – Public

Lighting Code for streets, car parks and pedestrian areas. A well lit line of sight

from the car park to the amenity building shall ensure no entrapment areas

and should be maintained by the Operator at all times.

27. No amplified sound systems, music systems or the like are allowable without

prior approval from Council.

28. The development shall be constructed in accordance with the

recommendations contained in the Acoustic report prepared by Spectrum

Acoustics dated September 2016, including provision of acoustic louvres for

the proposed plant as identified in the Acoustic report.

29. Prior to the issue of an Interim or Final Occupation Certificate, written

advice shall be provided to the Principal Certifying Authority from the Acoustic

consultant to certify that the works have been completed and that the

acoustic performance meets the requirements and recommendations of the

acoustic report approved as part of this Development.

30. The use and occupation of the premises including all plant and equipment

installed therein, shall not give rise to any offensive noise as defined under the

Protection of the Environment Operations Act 1997.

31. All building work shall be carried out in accordance with the provisions of the

Building Code of Australia.

32. Prior to any works commencing containment of the building waste

materials shall be provided within the boundaries of the site, above natural

ground level, by a screened area of silt stop fabric or shade cloth. The

enclosure or bin shall be regularly cleaned to ensure proper containment of

the demolition wastes generated on the site. Appropriate provision is to be

made to prevent windblown rubbish escaping from the containment.

Removal of materials is to occur to a Licensed Landfill Authority.

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33. Unless otherwise approved by Council in writing, all general building work

shall be carried out between the hours of:

(a) 7.00am to 6.00pm Monday to Friday; and

(b) 7.00am to 5.00pm Saturday.

Any work performed on Sunday’s or Public Holidays that may cause offensive

noise, as defined under the Protection of the Environment Operations Act, is

prohibited. Minor works (such as hand sanding, painting, digging and the like)

is permitted between the hours of 9.00am to 5.00pm. Power operated tools

are not permitted to be used.

34. Only retaining walls indicated on the approved plans shall be constructed

under this consent. No additional excavation/fill is to occur outside of the

area as shown on the approved plans. No fill or retaining walls shall be

located within any drainage easement located upon the property. Retaining

walls, footings and associated drainage works shall be located wholly within

the subject property boundaries and shall be connected to the existing storm

water system or other approved storm water system on the subject property.

35. Building materials shall not be placed on Council’s footpaths, roadways, parks

or grass verges and a suitable sign to this effect shall be erected adjacent to

the street alignment. No construction or demolition work shall obstruct

pedestrian or vehicular traffic in a public place, a hoarding or fence must be

erected between the construction site and the public place.

36. All plant and equipment used in the erection of the building, including

concrete pumps, wagons, lifts, mobile cranes, etc., shall be situated within the

boundaries of the site and so placed that all concrete slurry, water, debris and

the like shall be discharged onto the building site, and is to be contained

within the site boundaries.

37. The property shall be protected against soil erosion, such that sediment is not

carried from the construction site by the action of storm water, wind or

“vehicle tracking”. Should any soil or sediment escape from the building site it

shall be cleaned off the roadway to ensure it cannot enter the drainage

system.

38. 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.

39. During the extraction, removal and transportation of material associated with

the works the person having the benefit of the consent shall ensure that

airborne dust is contained within the work site or transport vehicles, and does

not impact on the amenity of the surrounding environment. Management

controls and practises shall be maintained to the satisfaction of Council and

the Principal Certifying Authority.

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40. 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.

41. 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.

42. 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 and the NSW Fire Commissioner. 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.

Statements to the NSW Fire Commissioner are to be submitted electronically

to [email protected].

43. 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.

44. A Fire Safety Statement in respect of each required essential and/or critical

fire safety measure installed within the building shall be submitted to Council

and the NSW Fire Commissioner annually (or at a more frequent interval for

supplementary statements).

Statements shall be prepared and issued in accordance with Division 5 of

Part 9 of the Environmental Planning and Assessment Regulation, 2000. Note

that monetary penalties may apply for failure to lodge a fire safety statement

within the prescribed timeframe.

Statements to the NSW Fire Commissioner are to be submitted electronically

to [email protected].

Standard forms and further information for lodging Fire Safety Statements

may be downloaded from Councils website

45. Prior to the issue of an Occupation Certificate all conditions of

development consent shall be complied with.

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13 DECEMBER 2016

Maitland City Council | Ordinary Meeting Minutes P14

46. Prior to occupation of the building an Occupation Certificate shall be

issued by the Principal Certifying Authority but only when the building has

been constructed in accordance with the approved plans, specifications and

conditions of consent.

ADVICES

(a) Should any aboriginal site or relic be disturbed or uncovered during the

construction of this development, all work shall cease and the National Parks

and Wildlife Service shall be consulted. Any person who knowingly disturbs an

Aboriginal site or relic is liable to prosecution under the National Parks and

Wildlife Act 1974.

(b) It is the responsibility of the Applicant to erect a PCA sign. The Applicant is to

ensure that the PCA sign remains in position for the duration of the works.

(c) Prior to commencement of work, the free national community service “Dial

Before You Dig” shall be contacted on 1100 regarding the location of

underground services in order to prevent injury, personal liability and even

death. Enquiries should provide the property details and the nearest cross

street/road.

(d) The reflectivity index (expressed as a percentum of the reflected light falling

upon any surface) of external glazing for windows, walls or roof finishes of the

proposed development should be referenced on any building plans and

specifications submitted by the Applicant.

(e) Noise emissions and vibration must be minimised where possible and work is

to be carried out in accordance with Environment Protection Guidelines for

noise emissions from construction works and must also comply wit6h the

provisions of the Protection of the Environment Operations Act 1997.

(f) Where underground works within the road reserve are required for necessary

supply of services (such as water, sewer, electricity, gas) further consent for a

“Road Opening” must be obtained from Council. Refer to Council’s form –

Application for Registration to open Roads/Footpaths”.

(g) Note: there may be design matters in relation to the drainage concept plan

that warrant further attention prior to the issue of the Construction

Certificate.

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11.2 ADOPTION OF AMENDMENTS TO MAITLAND CITY WIDE SECTION 94

CONTRIBUTIONS PLAN 2016

FILE NO: 103/157

ATTACHMENTS: 1. Maitland City Wide Section 94 Contributions

Plan 2016

2. Submissions

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Stephen Punch - Principal Planner

AUTHOR: Anne Humphries - Development Contributions

Administrator

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.2.2 To provide new and existing residents of

Maitland with access to community, recreation and

transport infrastructure

EXECUTIVE SUMMARY

Council at its meeting of 14 June 2016 resolved to exhibit an amendment to the Maitland

City Wide Section 94 Contributions Plan 2016 to clarify transitional arrangements and how

existing consents would be dealt with once the Plan became effective. During the

exhibition of the amendments further legal advice was sought with a view to tightening

the transitional arrangements to ensure contributions levied under the 2006 Plan were

collected in order to fund the line items required to support the predicted population

planned for under that Plan. Council subsequently resolved at its meeting of 11 October

2016 to re-exhibit the amendments.

Exhibition of the Plan took place from 20 October until 17 November 2016 with 2

submissions received in response. The issues raised in the submissions are addressed in

the body of this report. There are no proposed changes to the exhibited draft plan as a

result of the submissions.

It is therefore recommended that the draft amended plan as presented in Attachment 1 to

this report be adopted.

OFFICER’S RECOMMENDATION

WITHDRAWN

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11.3 AMENDMENT TO MAITLAND CITY WIDE SECTION 94 CONTRIBUTIONS

PLAN 2016 TO INCLUDE A CATCHMENT FOR LOUTH PARK

FILE NO: 103/157

ATTACHMENTS: 1. Maitland City Wide Section 94 Contributions

Plan 2016

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

Stephen Punch - Principal Planner

AUTHOR: Anne Humphries - Development Contributions

Administrator

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.2.2 To provide new and existing residents of

Maitland with access to community, recreation and

transport infrastructure

EXECUTIVE SUMMARY

This report deals with a proposed amendment to the Maitland City Wide Section 94

Contributions Plan 2016 to include a catchment for specific development within the Louth

Park Urban Release Area. The amendment proposes the inclusion of a local playground

and traffic management works required to cater for the increased demand created by the

incoming population at Louth Park.

The proposed amended plan will seek contributions from development within the Louth

Park catchment towards the specific aforementioned items as well as contributions

towards the wider 2016 work schedule.

As required by the Environmental Planning and Assessment Act, the draft amendments

will require exhibition for a minimum of 28 days. Given the timing of the exhibition over

the Christmas/New Year period, it is recommended that it take place over 6 weeks from

mid December to the end of January.

OFFICER’S RECOMMENDATION

THAT

1. Council exhibit the draft Maitland City Wide Section 94 Contributions Plan

2016 for a period of 42 days.

2. A further report be presented to Council outlining the results of the

exhibition process.

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COUNCIL RESOLUTION

THAT

1. Council exhibit the draft Maitland City Wide Section 94 Contributions Plan

2016 for a period of 42 days.

2. A further report be presented to Council outlining the results of the

exhibition process.

Moved Clr R Aitchison, Seconded Clr L Baker

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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11.4 REVIEW OF LAND USES IN THE R5 LARGE LOT RESIDENTIAL ZONE IN

THE MAITLAND LOCAL ENVIRONMENTAL PLAN 2011

FILE NO: RZ16002

ATTACHMENTS: 1. Planning Proposal

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

AUTHOR: Ian Shillington - Manager Urban Growth

MAITLAND +10 Outcome 6. Built heritage and sustainable

development

COUNCIL OBJECTIVE: 6.1.1 To encourage orderly, feasible and equitable

development whilst safeguarding the community’s

interests, environmentally sensitive areas and

residential amenity.

EXECUTIVE SUMMARY

At its meeting on 14 June 2016, Council refused an application for a place of public

worship on land at 486 Louth Park Road, Louth Park. The grounds for the refusal were

that the proposed use was inconsistent with the objectives of the R5 Large Lot Residential

zone and incompatible with the character and amenity of the surrounding residential

area.

Following a review of the appropriateness of this use in the R5 Large Lot Residential zone,

this report seeks to remove place of public worship from the R5 Large Lot Residential zone

of the Maitland Local Environmental Plan 2011 (MLEP2011). A planning proposal is

required to affect these changes.

OFFICER’S RECOMMENDATION

THAT

1. Pursuant to s56 of the Environmental Planning and Assessment Act 1979,

Council forward the attached planning proposal to the Minister for Planning

requesting a gateway determination.

2. Council undertakes community consultation in accordance with the gateway

determination.

3. If no submissions are received during the exhibition period, a request is sent

to the Minister for Planning to make the amendment in accordance with s59

of the Environmental Planning and Assessment Act 1979.

4. If submissions are received during the exhibition period a report is presented

back to Council for consideration.

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COUNCIL RESOLUTION

THAT

1. Pursuant to s56 of the Environmental Planning and Assessment Act 1979,

Council forward the attached planning proposal to the Minister for Planning

requesting a gateway determination.

2. Council undertakes community consultation in accordance with the gateway

determination.

3. If no submissions are received during the exhibition period, a request is sent

to the Minister for Planning to make the amendment in accordance with s59

of the Environmental Planning and Assessment Act 1979.

4. If submissions are received during the exhibition period a report is presented

back to Council for consideration.

Moved Clr B Burke, Seconded Clr L Baker

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

Page 24: ORDINARY MEETING MINUTES 13 DECEMBER 2016

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11.5 CERTIFICATION OF THE HUNTER ESTUARY COASTAL ZONE

MANAGEMENT PLAN

FILE NO: 55/8

ATTACHMENTS: 1. Summary of Public Authority Responses

2. Draft Hunter Estuary Coastal Zone

Management Plan

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

AUTHOR: Deanne Nelson-Pritchard - Coordinator

Environmental Strategy & Programs

MAITLAND +10 Outcome 9. Our local rivers and floodplains

COUNCIL OBJECTIVE: 9.3.1 To contribute to the reestablishment of native

vegetation on river banks and plains

EXECUTIVE SUMMARY

Maitland City Council placed the Hunter Estuary Coastal Zone Management Plan on public

exhibition for a period of 21 days. During this time no public submissions were received

and a number of State Agencies provided comments resulting in minor amendments. The

Plan and its associated Hunter Estuary Management Study can now be provided to the

Minister for Planning for certification following endorsement by Council.

OFFICER’S RECOMMENDATION

THAT

1. Council endorses providing the Draft Hunter Estuary Coastal Zone

Management Plan and its associated Hunter Estuary Management Study to

the Minister for Planning for the purposes of certification under the Act.

COUNCIL RESOLUTION

THAT

1. Council endorses providing the Draft Hunter Estuary Coastal Zone

Management Plan and its associated Hunter Estuary Management Study to

the Minister for Planning for the purposes of certification under the Act.

Moved Clr A Humphery, Seconded Clr R Aitchison

CARRIED

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11.6 RIVERLIGHTS MULTICULTURAL FESTIVAL

FILE NO: 29/44

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

Martin Payne - Coordinator City and Visitor Economy

AUTHOR: Rachel MacLucas - Manager Marketing and

Communications

Adam Franks - Coordinator Events

Amber Herrmann - Place Activation Officer

Richard Hershman - Community Planner - Capacity

Building

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the outcome of the 5th Riverlights

Multicultural Festival which was held in The Levee, Central Maitland on Saturday

8 October 2016. Riverlights celebrates the cultural diversity of our region through food,

performance, music and language.

OFFICER’S RECOMMENDATION

THAT

1. That the report be received and noted.

2. Council acknowledges the generous support of event sponsors, community

partners, cultural groups and volunteers.

COUNCIL RESOLUTION

THAT

1. That the report be received and noted.

2. Council acknowledges the generous support of event sponsors, community

partners, cultural groups and volunteers.

Moved Clr L Baker, Seconded Clr N Penfold

CARRIED

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11.7 MAITLAND PLACE ACTIVATION STRATEGY

FILE NO: 139/97

ATTACHMENTS: 1. Engagement Report

2. Maitland Place Activation Strategy

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

Martin Payne - Coordinator City and Visitor Economy

AUTHOR: Amber Herrmann - Place Activation Officer

MAITLAND +10 Outcome 1. Sense of place and pride

COUNCIL OBJECTIVE: 1.2.2 To activate key public spaces across the City,

increasing usage

EXECUTIVE SUMMARY

The purpose of this report is to present Council with the draft Maitland Place Activation

Strategy (MPAS) and Engagement Report. The report details the background to

establishing a strategic framework for place activation, the engagement process and a

summary of key priorities and themes identified in the Strategy.

The aim of the Maitland Place Activation Strategy is to guide Council’s decision making

around place activation practices providing social, cultural and economic benefits to the

city. Three objectives were identified in order to meet the aims of the project:

Provide a statement of Council’s position on place activation in line with the

broader vision for the City

Undertake consultation and research to identify and prioritise sites,

stakeholders and opportunities

Provide a strategic framework presenting key themes and priorities for place

activation

OFFICER’S RECOMMENDATION

THAT

1. Council adopt the Draft Maitland Place Activation Strategy.

2. Council receive and note the Maitland Place Activation Engagement Report.

Page 27: ORDINARY MEETING MINUTES 13 DECEMBER 2016

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COUNCIL RESOLUTION

THAT

1. Council adopt the Draft Maitland Place Activation Strategy.

2. Council receive and note the Maitland Place Activation Engagement Report.

Moved Clr R Aitchison, Seconded Clr B Geoghegan

CARRIED

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12 INFRASTRUCTURE AND WORKS REPORTS

12.1 2016 / 2017 PLANT REPLACEMENT PROGRAM

FILE NO: 12/6

ATTACHMENTS: 1. 15 Year Plant Replacement Program

2. Annual Plant Replacement Program

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

AUTHOR: Manny Kallis - Coordinator Mechanical Services

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.2.1 To maintain a contemporary asset policy, asset

strategy, and management plans for all Council assets

EXECUTIVE SUMMARY

This report provides Council with the outcome of the review of the 15 Year Plant

Replacement Program for the year commencing 2016/2017. It also provides further

details on the major items of plant to be replaced within the annual program for

2016/2017.

These programs are an integral part of the process of updating Council’s plant and

equipment for the effective and efficient completion of works. The reviewed programs are

presented to Council for consideration.

OFFICER’S RECOMMENDATION

THAT

1. The 15 Year Plant Replacement Program contained in this report as

Attachment 1 be adopted;

2. The 2016/2017 Annual Plant Replacement Program and estimated

changeover costs as presented in Attachment 2 be adopted.

COUNCIL RESOLUTION

THAT

1. The 15 Year Plant Replacement Program contained in this report as

Attachment 1 be adopted;

2. The 2016/2017 Annual Plant Replacement Program and estimated

changeover costs as presented in Attachment 2 be adopted.

Moved Clr A Humphery, Seconded Clr P Garnham

CARRIED

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13 ADMINISTRATION AND GOVERNANCE REPORTS

13.1 REQUEST FOR EASEMENT OVER COUNCIL LAND AT EAST MAITLAND

FILE NO: P32242

ATTACHMENTS: 1. Location Plan

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Frank Shrimpton - Coordinator Professional Services

MAITLAND +10 Outcome 4. Well-planned and integrated

infrastructure

COUNCIL OBJECTIVE: 4.2.2 To ensure that public utility infrastructure is

delivered to meet essential needs

EXECUTIVE SUMMARY

A development consent for a redevelopment project in East Maitland contains a condition

that stormwater be appropriately managed. The site is adjacent to Council land which

contains an inter-allotment stormwater drainage system suitable to drain water from the

site. The provision of a drainage easement on Council land for the benefit of the project

will satisfy a required condition of consent to provide adequate storm water drainage.

OFFICER’S RECOMMENDATION

THAT

1. Council approve the registration of an easement over Lot 2 DP7822 at East

Maitland for the benefit of Lot 44 DP556444 for drainage.

2. Council accept compensation in the amount of $3,000 for the provision of

the easement.

3. The Common Seal of Council be affixed to the easement registration

documents as required.

COUNCIL RESOLUTION

THAT

1. Council approve the registration of an easement over Lot 2 DP7822 at East

Maitland for the benefit of Lot 44 DP556444 for drainage.

2. Council accept compensation in the amount of $3,000 for the provision of the

easement.

3. The Common Seal of Council be affixed to the easement registration

documents as required.

Moved Clr N Penfold, Seconded Clr L Baker

CARRIED

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13.2 DELEGATION FOR ACCEPTANCE OF TENDERS

FILE NO: 40/1

ATTACHMENTS: 1. General Manager & Mayor Delegations

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Amanda Hillman - Coordinator Governance

MAITLAND +10 Outcome 18. An efficient and effective Council

COUNCIL OBJECTIVE: 18.2.1 To maintain effective and appropriate systems

to ensure decision-making is transparent, accessible

and accountable

EXECUTIVE SUMMARY

Recent changes to Section 377 of the Local Government Act 1993 have allowed the

acceptance of tenders to be delegated to the General Manager where these services are

not currently provided by Council staff. This report proposes to delegate authority to the

General Manager in limited tender situations.

OFFICER’S RECOMMENDATION

THAT

1. Council delegate to the General Manager the authority to accept tenders to

the value of $500,000 excluding GST for services not currently provided by

Council staff.

2. A quarterly report be presented to Council outlining any tenders accepted

under delegated authority during that period.

COUNCIL RESOLUTION

THAT

1. Council delegate to the General Manager the authority to accept tenders to

the value of $500,000 excluding GST for services not currently provided by

Council staff.

2. A quarterly report be presented to Council outlining any tenders accepted

under delegated authority during that period.

Moved Clr B Burke, Seconded Clr S Procter

CARRIED

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13.3 LOT 1490 DP 1005639 AND LOT 14 DP 730416 WEBLANDS STREET,

ABERGLASSLYN - DRAINAGE AND FENCING ISSUES

FILE NO: P37626

ATTACHMENTS: 1. Weblands Street Reserve Map

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Graeme Tolhurst - Group Manager Administration &

Governance

MAITLAND +10 Outcome 4. Well-planned and integrated

infrastructure

COUNCIL OBJECTIVE: 4.3.1 To complete the alignment of Council's

infrastructure planning with its community,

corporate, land use, asset and environmental

strategies

EXECUTIVE SUMMARY

This report follows Council’s request for a report to Council on drainage and fencing issues

on Council land being Lot 1490 DP 1005639 and Lot 14 DP 730416 Weblands Street,

Aberglasslyn.

OFFICER’S RECOMMENDATION

THAT

1. Council allocate $30,000 from economic development fund to undertake

drainage works on Lot 1490 DP 1005639 and Lot 14 DP 730416 Weblands

Street, Aberglasslyn.

2. Council not proceed to undertake fencing works on Lot 1490 DP 1005639 and

Lot 14 DP 730416 Weblands Street, Aberglasslyn.

COUNCIL RESOLUTION

THAT

1. Council allocate $30,000 from economic development fund to undertake

drainage works on Lot 1490 DP 1005639 and Lot 14 DP 730416 Weblands

Street, Aberglasslyn.

2. Council not proceed to undertake fencing works on Lot 1490 DP 1005639 and

Lot 14 DP 730416 Weblands Street, Aberglasslyn.

Moved Clr P Garnham, Seconded Clr L Baker

CARRIED

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13.4 LEASE OF COUNCIL LAND AT TELARAH FOR TELECOMMUNICATIONS

FACILITY

FILE NO: P34725

ATTACHMENTS: 1. Location Plan

2. Telstra Site Plan

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Frank Shrimpton - Coordinator Professional Services

MAITLAND +10 Outcome 4. Well-planned and integrated

infrastructure

COUNCIL OBJECTIVE: 4.2.2 To ensure that public utility infrastructure is

delivered to meet essential needs

EXECUTIVE SUMMARY

Council has received a request from Telstra for a lease of Council land at Telarah for a

mobile phone telecommunications facility.

OFFICER’S RECOMMENDATION

THAT

1. Council approve a lease to Telstra Corporation Limited over Lot 7 DP 588003

at Coronation Oval Telarah for a term ending 30 June 2020, for a mobile

phone base station and associated cabling.

2. Council accept a commencement rental of $5,150.00 per annum gross

(inclusive of GST) with annual increases of 3% compounded during the lease

term.

3. Council approve the registration of the lease on Council’s land title.

4. The General Manager is authorised to finalise the lease terms and conditions.

5. The Common Seal of Council be applied to the lease, licence and registration

documents as required.

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COUNCIL RESOLUTION

THAT

1. Council approve a lease to Telstra Corporation Limited over Lot 7 DP 588003

at Coronation Oval Telarah for a term ending 30 June 2020, for a mobile

phone base station and associated cabling.

2. Council accept a commencement rental of $5,150.00 per annum gross

(inclusive of GST) with annual increases of 3% compounded during the lease

term.

3. Council approve the registration of the lease on Council’s land title.

4. The General Manager is authorised to finalise the lease terms and conditions.

5. The Common Seal of Council be applied to the lease, licence and registration

documents as required.

Moved Clr R Aitchison, Seconded Clr K Wethered

CARRIED

Page 34: ORDINARY MEETING MINUTES 13 DECEMBER 2016

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13.5 STATEMENT OF INVESTMENTS AS AT 30 NOVEMBER 2016

FILE NO: 82/2

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Mark Ackland - Compliance Accountant

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.1.1 To ensure the principles of sustainability

underpin Council’s financial, economic, social and

environmental decision-making

EXECUTIVE SUMMARY

Clause 212 of the Local Government (General) Regulation 2005 requires Council to report

on its investments.

OFFICER’S RECOMMENDATION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

COUNCIL RESOLUTION

THAT

1. The report indicating Council’s Funds Management position be received and

noted.

2. The certificate of the Responsible Accounting Officer be noted and the report

adopted.

Moved Clr B Burke, Seconded Clr B Whiting

CARRIED

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14 STRATEGY AND PERFORMANCE REPORTS

14.1 NEW COUNCIL BROCHURE - 'MAKING IT EASY - OUR COMMITMENT TO

YOU'

FILE NO: 130/64

ATTACHMENTS: 1. Making it easy - Our commitment to you

RESPONSIBLE OFFICER: Leah Flint - Executive Manager Strategy &

Performance

AUTHOR: Emily Livens - Coordinator Engagement & Customer

Relations

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.3.2 To ensure workplace systems and processes are

efficient and effective

EXECUTIVE SUMMARY

In line with Council’s adopted new approach to citizen services, a brochure ‘Making it easy

– our commitment to you’ has been prepared to outline what citizens can expect when

contacting Council or requesting any of Council’s most frequently requested services.

The document lists the most commonly used contact channels and service request types,

and indicates a targeted response time.

The brochure will be printed and made available to citizens at all Council touchpoints and

online, and performance against targets monitored and reported over time.

OFFICER’S RECOMMENDATION

THAT

1. Council adopts ‘Making it easy – our commitment to you’.

2. The brochure is made available at all Council touchpoints and online.

COUNCIL RESOLUTION

THAT

1. Council adopts ‘Making it easy – our commitment to you’.

2. The brochure is made available at all Council touchpoints and online.

Moved Clr L Baker, Seconded Clr P Garnham

CARRIED

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15 MAJOR PROJECTS REPORTS

Nil

16 HUMAN RESOURCES REPORTS

Nil

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17 ITEMS FOR INFORMATION

17.1 ELECTION TIMING AND CYCLE OF COUNCIL

FILE NO: 28/7

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Graeme Tolhurst - Group Manager Administration &

Governance

MAITLAND +10 Outcome 18. An efficient and effective Council

COUNCIL OBJECTIVE: 18.3.1 To establish an organisational culture that

supports continual improvement, innovation and

change to meet community needs

EXECUTIVE SUMMARY

The office of Local Government have issued a circular regarding the timing of Local

Government elections over the next few years, depending upon whether a Council is

merged, possibly merging or a standalone Council.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr P Garnham, Seconded Clr L Baker

CARRIED

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17.2 LOCAL TRAFFIC COMMITTEE MEETING - OCTOBER 2016 & NOVEMBER

2016 MINUTES

FILE NO: 140/5

ATTACHMENTS: 1. LTC Meeting Minutes - October 2016

2. LTC Minutes - November 2016

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Stephen Hawes - Manager Infrastructure Planning

and Development Engineering

AUTHOR: Kenneth Splatt - Traffic Officer

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.3 To optimise the connectivity of the transport

network

EXECUTIVE SUMMARY

The minutes of Maitland City Council’s Local Traffic Committee Meetings held Thursday

6 October 2016 and Thursday 3 November 2016, are attached for Council’s information.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr B Geoghegan, Seconded Clr A Humphery

CARRIED

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17.3 STREET EATS - MOBILE FOOD PILOT PROGRAM

FILE NO: 139/97

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

AUTHOR: Rachel MacLucas - Manager Marketing and

Communications

MAITLAND +10 Outcome 1. Sense of place and pride

COUNCIL OBJECTIVE: 1.2.2 To activate key public spaces across the City,

increasing usage

EXECUTIVE SUMMARY

The Maitland Place Activation Strategy identifies the use of food, and specifically mobile

or pop up food, as a way to activate spaces and places across the city. Food was a

recurring theme throughout the engagement process and a number of potential initiatives

that address this theme have been identified throughout the Strategy. As a first step

towards implementing the Strategy a Mobile Food Pilot Program, Street Eats, is being

developed to operate in Maitland between February and April 2017. Following the pilot, an

assessment of the program will be undertaken to inform the development of a Mobile

Food Vending in Public Places Policy will be developed.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr P Garnham, Seconded Clr B Geoghegan

CARRIED

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17.4 2016 NEWCASTLE SCIENCE AND ENGINEERING CHALLENGE SPONSOR

REPORT

FILE NO: 35/76

ATTACHMENTS: 1. 2016 Newcastle Science and Engineering

Challenge Program Report

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

AUTHOR: Matt vanderWall - Coordinator Marketing

MAITLAND +10 Outcome 18. An efficient and effective Council

COUNCIL OBJECTIVE: 18.3.3 To explore and maintain innovative corporate

sponsorships and partnerships to assist in funding

Council activities and services to the community

EXECUTIVE SUMMARY

Council was an ‘Iron Level’ sponsor of the 2016 Newcastle Science and Engineering

Challenge, held at The Forum Sports and Aquatic Centre at The University of Newcastle

from 1 to 5 August.

Forty three High Schools participated with eight from the Maitland area.

All Saints College St Peter’s Campus was the winner of day three and went on to also win

day three of the 2016 NSW Super Challenge Series, held in the same location from

30 August to 1 September.

This report provides further information about the Challenge, participants and an

attachment containing the Challenge Report provided to sponsors.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be received and noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be received and noted.

Moved Clr P Garnham, Seconded Clr S Procter

CARRIED

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Maitland City Council | Ordinary Meeting Minutes P37

17.5 NSW TOURISM AWARDS - HUNTER VALLEY STEAMFEST

FILE NO: 35/21/1

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

AUTHOR: Rachel MacLucas - Manager Marketing and

Communications

MAITLAND +10 Outcome 3. Iconic events and local festivals

COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural

benefit to the community through the presentation

of a series of sustainable flagship events

EXECUTIVE SUMMARY

The 30th anniversary of Maitland Toyota Hunter Valley Steamfest was held in April 2016

and was entered into the NSW Tourism Awards in the category of Major Festivals and

Events.

This report provides an update on the outcome of the Awards.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

COUNCIL RESOLUTION

THAT the information contained in this Report be noted.

Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED

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Maitland City Council | Ordinary Meeting Minutes P38

18 NOTICES OF MOTION/RESCISSION

18.1 GRAVE RESTORATION

NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY

FILE NO: 103/8/1/6

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Clr Arch Humphery has indicated his/her intention to move the following Notice of

Motion at the next Council Meeting being held on Tuesday, 13 December 2016:

THAT Maitland Council investigate the possibility of acquiring a small parcel of land

containing the graves of the original settlers of the Dunmore Langs.

Note:

The historical significance of the settlement of the Largs and Woodville areas, the

construction of Dunmore House, the convict water supply and construction of the

Dunmore Bridge needs to be preserved. Some interpretive signage would enhance the

site’s history.

I have spoken to the new owners of the property and they are happy to talk to Council to

achieve a suitable outcome to any proposal.

The Dunmore Lang graves are in very poor condition and need restoration.

It is sad to see such prominent original settlers and their history forgotten and future

generations unaware of such a valuable contribution to our past.

RESPONSE BY GROUP MANAGER PLANNING ENVIRONMENT & LIFESTYLE

The property in question is privately owned and at present Council is considering a

number of applications for development of the site.

The gravesite is located to the east of Dunmore House and bears the inscription:

Sacred to the Memory of

Mary Dunmore Lang

Isabella Ninian Muir

Robert Muir

Infant Child of Emily and Andrew Lang

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Maitland City Council | Ordinary Meeting Minutes P39

These family members formed part of the Lang Family at the time of the

establishment of the Dunmore estate and as such the gravesite has historical

significance, and provides physical evidence of directed association with Dunmore

House (1833). The gravesite would require further assessment to determine its

overall heritage significance. Dunmore House has State heritage significance and is

listed on the NSW State Heritage Register.

Provided the assessment of the applications for development are kept separate from

this issue regarding this grave site, there should not be a problem carrying out an

investigation as recommended.

COUNCIL RESOLUTION

THAT

Maitland Council investigate the possibility of acquiring a small parcel of land

containing the graves of the original settlers of the Dunmore Langs.

Moved Clr A Humphery, Seconded Clr K Wethered

CARRIED

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Maitland City Council | Ordinary Meeting Minutes P40

19 QUESTIONS WITH NOTICE

Nil

20 URGENT BUSINESS

Nil

Council moved into the Committee of the Whole at 6.04 pm.

Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

Council moved into Closed Session the Committee of the Whole at 6.05 pm.

Moved Clr N Penfold, Seconded Clr L Baker

CARRIED

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Maitland City Council | Ordinary Meeting Minutes P41

21 COMMITTEE OF THE WHOLE

21.1 TENDER EVALUATION REPORT ON THE RECEIVAL AND TREATMENT

AND OR DISPOSAL OF MIXED DOMESTIC WASTE

FILE NO: 137/1376

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

David Simm - Manager Development & Environment

AUTHOR: Elfi Blackburn - Waste Services Coordinator

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.3.3 To continue to deliver contemporary waste and

recycling services, meeting both legislative

requirements and community needs

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

This report provides information on the evaluation process undertaken for tenders

received for Contract 137/1376 Receival and Treatment and/or Disposal of Mixed

Domestic Waste.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

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COUNCIL RESOLUTION

THAT

1. Council decline to accept the non-conforming tender received from

Newcastle City Council for the Receival and Treatment and/or Disposal of

Mixed Domestic Waste

2. Council enter into a Waste Disposal Agreement with Newcastle City Council

for a term of eighteen months commencing on 1 January 2017.

Moved Clr P Garnham, Seconded Clr R Aitchison

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Maitland City Council | Ordinary Meeting Minutes P43

21.2 CONSIDERATION OF TENDERS - CORPORATE WEBSITE

REDEVELOPMENT

FILE NO: 137/1359

ATTACHMENTS: 1. Shortlisting Assessment Matrix

2. Final Assessment Matrix

3. Final Assessment Comparison

RESPONSIBLE OFFICER: Bernie Mortomore - Group Manager Planning,

Environment & Lifestyle

Rachel MacLucas - Manager Marketing and

Communications

AUTHOR: Rachel MacLucas - Manager Marketing and

Communications

William Stuart - Digital & Online Communications

Officer

MAITLAND +10 Outcome 17. Community participation in decision-

making

COUNCIL OBJECTIVE: 17.3.1 To ensure that Council’s communications and

engagement strategies are relevant and effective

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

In October 2016, Council requested tenders to develop a contemporary corporate website

and content management system that’s modern, user centric and meets the needs of the

community. The tender included design, build and ongoing support of the new content

management system and associated websites including maitland.nsw.gov.au,

maitland.nsw.gov.au/library, maitlandgaol.com.au and maitlandyoursay.com.au.

This report outlines the tender process, pricing (including estimated seven year costs), the

assessment process and a recommendation on the preferred tenderer.

The tenders are being presented to the Committee of the Whole as they contain

confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

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Maitland City Council | Ordinary Meeting Minutes P44

prejudice the commercial position of the person who supplied it.

COUNCIL RESOLUTION

THAT

1. Council accepts the tender of ‘Feel Creative Pty Ltd’ in the amount of

$316,756 (GST inclusive).

2. Council allocate from the 2017/18 financial year an annual budget of $65,040

(GST inclusive) for maintenance, upgrades, continuous development and

hosting of the new websites.

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

Moved Clr R Aitchison, Seconded Clr B Burke

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Maitland City Council | Ordinary Meeting Minutes P45

21.3 MAITLAND NO. 1 SPORTSGROUND - EXTENSION OF LEASE -

TELECOMMUNICATIONS TOWER

FILE NO: P23301, P37411

ATTACHMENTS: 1. Plan - Adjoining Land, No. 1 Sportsground

Maitland

2. 3000633 Maitland (bass) - Lease Plan

3. 3000633 Maitland (ground) - Lease Plan

RESPONSIBLE OFFICER: Graeme Tolhurst - Group Manager Administration &

Governance

AUTHOR: Graeme Tolhurst - Group Manager Administration &

Governance

MAITLAND +10 Outcome 2. Community and recreation services and

facilities

COUNCIL OBJECTIVE: 2.1.1 To provide a broad range of active and passive

recreation services and community facilities that

meet the needs of the growing community

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.

EXECUTIVE SUMMARY

Maitland City Council has a lease with Axicom for the telecommunications tower located

at No. 1 Sportsground Maitland. This report is for a new extended lease and also for the

lessee to relocate the tower after 10 years if Council were to increase the size of the

playing field.

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.

COUNCIL RESOLUTION

THAT

1. Council grant a lease to Axicom Pty Ltd for 4 x 5 years as per the attached lease.

2. Common Seal of Council be affixed to the relevant documents.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED

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21.4 PROPOSED ROAD WIDENING - LOT 1, DP 733766,102 ALLANDALE

ROAD, ALLANDALE

FILE NO: 222/15, P21699

ATTACHMENTS: 1. Concept Plan - Allandale Road

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Kevin Stein - Manager Infrastructure Design

AUTHOR: Chris Pinchen - Developmental & Subdivision Engineer

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.1 To provide and maintain local roads and related

infrastructure based on sound asset management

principles

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.

EXECUTIVE SUMMARY

Council has resolved to undertake investigation, acquisition and drainage works adjacent

to Lot 1, DP 733766, 102 Allandale Road, Allandale. Design assessment has identified that

road widening will be required from the adjacent land parcel.

This report deals with the proposed road widening at Lot 1, DP 733766, 102 Allandale

Road, Allandale and are reported to Council for acceptance.

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.

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COUNCIL RESOLUTION

THAT

1. Council acquire land with the intention to dedicate the acquired land to the

public as road (approx. 1,868m2) over Lot 1 DP 733766;

2. Council pay, to the affected property owner, compensation as outlined in this

report;

3. Council pay all reasonable survey and legal costs which are necessary to

acquire the land with the intention to dedicate the acquired land to the

public as road;

4. The common seal be affixed to those documents required for the acquisition

of land and dedication of public road.

Moved Clr K Wethered, Seconded Clr L Baker

CARRIED

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21.5 CONSIDERATION OF TENDERS - SCOUR PROTECTION & BRIDGE

ABUTMENT REPAIRS - WOLLOMBI ROAD, BISHOPS BRIDGE

FILE NO: 137/1375

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

Kevin Stein - Manager Infrastructure Design

AUTHOR: Kynan Lindus - Graduate Civil Engineer

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.1 To provide and maintain local roads and related

infrastructure based on sound asset management

principles

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

The scour protection and bridge abutments at Bishops Creek Bridge, Wollombi Road,

Bishops Bridge were damaged in the storms and flooding of April 2015. Council has called

tenders to engage a suitably experienced and qualified civil construction contractor to

undertake scour protection repair works on the bridge abutments on behalf of Council.

Five complying tender submissions and two alternative proposals were received in

response to the calling of tenders to undertake the repairs. This report outlines the

received submissions and tender assessment process associated with identifying a

recommended civil construction contractor which is presented for Council’s consideration

and determination.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

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COUNCIL RESOLUTION

THAT

1. A contract be awarded to Bolla Contracting Pty Ltd in an amount of

$146,417.26 (GST inclusive) for the Bishops Creek Bridge abutment and scour

protection repair works.

2. The Mayor and General Manager sign the contract documents and affix the

common seal of Council to the contract documents.

Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Maitland City Council | Ordinary Meeting Minutes P50

21.6 CONSIDERATION OF TENDERS - 2015/2016 PLANT REPLACEMENT

PROGRAM - PURCHASE OF TWO TIPPER BODIES AND TWO CAB CHASSIS

FILE NO: 137/1372 & 137/1373

ATTACHMENTS: 1. Cab Chassis Tender Evaluation Summary

2. Tipper Body Tender Evaluation Summary

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

AUTHOR: Manny Kallis - Coordinator Mechanical Services

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.2.1 To maintain a contemporary asset policy, asset

strategy, and management plans for all Council assets

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Tenders have been called for the purchase of two tipper bodies and two cab chassis to be

delivered as two 12 tonne tippers for Council Plant in accordance with the adopted Plant

Replacement Program for 2015 / 2016.

The item of plant to be replaced is a Mitsubishi Tipper, Plant No: 5482. The second unit

proposed to be purchased is to replace one long term hire unit.

Tenders were called for:

Purchase only

Trade only

Purchase and Trade.

The tenders are presented for Council’s consideration and are reported to Committee of

the Whole as they contain confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

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Maitland City Council | Ordinary Meeting Minutes P51

COUNCIL RESOLUTION

THAT

1. Council accept the tender of Autopool Pty Ltd, trading as Gilbert and Roach

for the supply only of Two Isuzu Giga CXY455 cab chassis at a total purchase

only price of $272,709.10 (excl GST).

2. Council accept the tender of Berry Howe Industries Pty Ltd for the supply

only of two custom made 12 tonne tipper bodies at a total purchase only

price of $90,600.00 (excl GST).

3. Council accept the tender of Valley Motor Auctions for the trade only of

tipper truck (Plant No: 5482) for the amount $55,719.10 (excl GST).

4. The common seal of Council be affixed to the Gilbert and Roach, and Berry

Howe Industries tender documents.

Moved Clr B Burke, Seconded Clr R Aitchison

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Maitland City Council | Ordinary Meeting Minutes P52

21.7 CONSIDERATION OF TENDERS - 2015 / 2016 PLANT REPLACEMENT

PROGRAM - PURCHASE OF TWO 100HP TRACTORS

FILE NO: 137/1357

ATTACHMENTS: 1. Tender Evaluation Summary

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

AUTHOR: Manny Kallis - Coordinator Mechanical Services

MAITLAND +10 Outcome 19. A sustainable Council for a sustainable

City

COUNCIL OBJECTIVE: 19.2.1 To maintain a contemporary asset policy, asset

strategy, and management plans for all Council assets

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Tenders have been called for the purchase of two 100hp Tractors for Council Plant in

accordance with the adopted Plant Replacement Program for 2015 / 2016. The items of

plant to be replaced include a John Deere Tractor (Plant No 5608) and a New Holland

Tractor (Plant No 5792).

The tenders are presented for Council’s consideration and are reported to Committee of

the Whole as they contain confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

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COUNCIL RESOLUTION

THAT

1. Council accept the tender of Kentan Machinery PTY LTD for the supply only of

two Kubota M100GX Tractors, at a price per tractor of $83,690.91 (excl GST)

including one with flotation tyre option at a price of $1,300.00 (excl GST) for a

total purchase price of $168,681.82 (excl GST)

2. Council dispose of Plant No: 5608 and Plant No: 5792 via auction to Pickles

Auctions at a reserve price for Plant No: 5608 set at $21,818.18 (excl GST) and

a reserve price for Plant No: 5762 set at $18,181.81 (excl GST).

3. The common seal of Council be affixed to the Kentan Machinery supply only

contract document.

Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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21.8 CONSIDERATION OF TENDERS - PLANT & EQUIPMENT HIRE

FILE NO: 137/1378

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

AUTHOR: Joshua Dever - Graduate Civil Engineer

MAITLAND +10 Outcome 5. Moving around our City

COUNCIL OBJECTIVE: 5.1.1 To provide and maintain local roads and related

infrastructure based on sound asset management

principles

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Tenders have been called for the supply of plant and equipment hire services to Council.

This report is presented to Council for approval of plant and equipment hire rates

tendered by 71 companies for the period 1 January 2017 to 30 June 2019 with the option

for a one year extension.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

COUNCIL RESOLUTION

THAT

1. Council accept all conforming tenders for plant and equipment hire for the

period 1 January 2017 to 30 June 2019

2. The selection of plant and equipment, as required, is made based on price,

availability and suitability for Council’s needs.

Moved Clr A Humphery, Seconded Clr B Whiting

CARRIED

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13 DECEMBER 2016

Maitland City Council | Ordinary Meeting Minutes P55

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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Maitland City Council | Ordinary Meeting Minutes P56

21.9 CONSIDERATION OF TENDERS - CENTRAL MAITLAND CLEANING

SERVICES

FILE NO: 137/1341

ATTACHMENTS: 1. Cleaning Services CBD Plans

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

Graeme Matthews - Manager Infrastructure Projects

& Building Services

AUTHOR: Joshua Dever - Graduate Civil Engineer

MAITLAND +10 Outcome 1. Sense of place and pride

COUNCIL OBJECTIVE: 1.1.3 To maintain the appearance and presentation of

the City, fostering a sense of community pride

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Tenders have been called for cleaning services within Central Maitland and are presented

for Council’s consideration and determination.

The tenders are being presented to the Committee of the Whole as they contain

confidential commercial information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

COUNCIL RESOLUTION

THAT

1. Council accept the tender of Griffin Property Maintenance Pty Ltd in the

amount of $148,379.44 per annum (GST inclusive) for Central Maitland

Cleaning Services for a two year period commencing 9 January 2017 with an

option for a one year extension.

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2. Council accept all conforming tenders for additional cleaning services,

including pressure cleaning, for a two year period commencing 9 January

2017 with an option for a one year extension.

3. The selection of contractor for additional cleaning services, as required, is

made based on price, availability and suitability for Council’s needs.

4. In the event that any of the tenderers withdraw or perform unacceptably

during the tender period, the next ranked tenderer be appointed.

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

Moved Clr L Baker, Seconded Clr P Penfold

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

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21.10 CONSIDERATION OF TENDERS - SUPPLY & DELIVERY OF BULK FUEL

FILE NO: 77/1 & 12/10/1

ATTACHMENTS: Nil

RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works

AUTHOR: Graeme Matthews - Manager Infrastructure Projects

& Building Services

MAITLAND +10 Outcome 18. An efficient and effective Council

COUNCIL OBJECTIVE: 18.3.2 To optimise collaboration with other regional

councils to maximise service provision and benefits to

Council and the Hunter Region

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a

confidential nature that would, if disclosed prejudice the commercial position of the

person who supplied it.

EXECUTIVE SUMMARY

Regional Procurement has called tenders for the supply and delivery of bulk fuels as an

agent for participating member Councils. This report provides Council with information in

relation to the tender and seeks Council’s approval to purchase bulk fuel utilising these

tenders from 1 January 2017.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT Council move into Confidential Session to discuss this item under the terms of the

Local Government Act 1993 Section 10A(2), as follows:

(d) (i) commercial information of a confidential nature that would, if disclosed

prejudice the commercial position of the person who supplied it.

COUNCIL RESOLUTION

THAT

1. The tender be awarded to Hastings Co-operative Ltd for the supply of bulk

fuels to Council through Regional Procurement’s tender for the period

1 January 2017 to 30 September 2018.

2. A provision be allowed for a 12 month extension, based on satisfactory

supplier performance, which may extend the tender period to 30 September

2019.

3. In the event that Hastings Co-operative withdraw or perform unacceptably

during the tender period, the next ranked tenderer be appointed.

Moved Clr A Humphery, Seconded Clr K Wethered

CARRIED

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The Mayor in accordance with Section 375A of the Local Government Act 1993 called

for a division.

The division resulted in 12 for and 0 against, as follows:

For: Clr R Aitchison Against:

Clr L Baker

Clr P Blackmore

Clr B Burke

Clr P Garnham

Clr B Geoghegan

Clr A Humphery

Clr N Penfold

Clr P Penfold

Clr S Procter

Clr K Wethered

Clr B Whiting

Council resumed into the Open Session at 6.17 pm.

Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED

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22 COMMITTEE OF THE WHOLE RECOMMENDATIONS

The following resolutions made whilst Council was closed to the public and press

were read to the meeting by the General Manager.

21.1 TENDER EVALUATION REPORT ON THE RECEIVAL AND TREATMENT

AND OR DISPOSAL OF MIXED DOMESTIC WASTE

COUNCIL RESOLUTION

THAT

1. Council decline to accept the non-conforming tender received from Newcastle City

Council for the Receival and Treatment and/or Disposal of Mixed Domestic Waste

2. Council enter into a Waste Disposal Agreement with Newcastle City Council for a

term of eighteen months commencing on 1 January 2017.

Moved Clr P Garnham, Seconded Clr R Aitchison

CARRIED

21.2 CONSIDERATION OF TENDERS - CORPORATE WEBSITE REDEVELOPMENT

COUNCIL RESOLUTION

THAT

1. Council accepts the tender of ‘Feel Creative Pty Ltd’ in the amount of $316,756 (GST

inclusive).

2. Council allocate from the 2017/18 financial year an annual budget of $65,040 (GST

inclusive) for maintenance, upgrades, continuous development and hosting of the

new websites.

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

Moved Clr R Aitchison, Seconded Clr B Burke

CARRIED

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21.3 MAITLAND NO. 1 SPORTSGROUND - EXTENSION OF LEASE -

TELECOMMUNICATIONS TOWER

COUNCIL RESOLUTION

THAT

1. Council grant a lease to Axicom Pty Ltd for 4 x 5 years as per the attached lease.

2. Common Seal of Council be affixed to the relevant documents.

Moved Clr S Procter, Seconded Clr B Burke

CARRIED

21.4 PROPOSED ROAD WIDENING - LOT 1, DP 733766,102 ALLANDALE ROAD,

ALLANDALE

COUNCIL RESOLUTION

THAT

1. Council acquire land with the intention to dedicate the acquired land to the public

as road (approx. 1,868m2) over Lot 1 DP 733766;

2. Council pay, to the affected property owner, compensation as outlined in this

report;

3. Council pay all reasonable survey and legal costs which are necessary to acquire

the land with the intention to dedicate the acquired land to the public as road;

4. The common seal be affixed to those documents required for the acquisition of

land and dedication of public road.

Moved Clr K Wethered, Seconded Clr L Baker

CARRIED

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21.5 CONSIDERATION OF TENDERS - SCOUR PROTECTION & BRIDGE

ABUTMENT REPAIRS - WOLLOMBI ROAD, BISHOPS BRIDGE

COUNCIL RESOLUTION

THAT

1. A contract be awarded to Bolla Contracting Pty Ltd in an amount of $146,417.26

(GST inclusive) for the Bishops Creek Bridge abutment and scour protection repair

works.

2. The Mayor and General Manager sign the contract documents and affix the

common seal of Council to the contract documents.

Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

21.6 CONSIDERATION OF TENDERS - 2015/2016 PLANT REPLACEMENT

PROGRAM - PURCHASE OF TWO TIPPER BODIES AND TWO CAB CHASSIS

COUNCIL RESOLUTION

THAT

1. Council accept the tender of Autopool Pty Ltd, trading as Gilbert and Roach for the

supply only of Two Isuzu Giga CXY455 cab chassis at a total purchase only price of

$272,709.10 (excl GST).

2. Council accept the tender of Berry Howe Industries Pty Ltd for the supply only of

two custom made 12 tonne tipper bodies at a total purchase only price of

$90,600.00 (excl GST).

3. Council accept the tender of Valley Motor Auctions for the trade only of tipper

truck (Plant No: 5482) for the amount $55,719.10 (excl GST).

4. The common seal of Council be affixed to the Gilbert and Roach, and Berry Howe

Industries tender documents.

Moved Clr B Burke, Seconded Clr R Aitchison

CARRIED

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21.7 CONSIDERATION OF TENDERS - 2015 / 2016 PLANT REPLACEMENT

PROGRAM - PURCHASE OF TWO 100HP TRACTORS

COUNCIL RESOLUTION

THAT

1. Council accept the tender of Kentan Machinery PTY LTD for the supply only of two

Kubota M100GX Tractors, at a price per tractor of $83,690.91 (excl GST) including

one with flotation tyre option at a price of $1,300.00 (excl GST) for a total purchase

price of $168,681.82 (excl GST)

2. Council dispose of Plant No: 5608 and Plant No: 5792 via auction to Pickles Auctions

at a reserve price for Plant No: 5608 set at $21,818.18 (excl GST) and a reserve

price for Plant No: 5762 set at $18,181.81 (excl GST).

3. The common seal of Council be affixed to the Kentan Machinery supply only

contract document.

Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED

21.8 CONSIDERATION OF TENDERS - PLANT & EQUIPMENT HIRE

COUNCIL RESOLUTION

THAT

1. Council accept all conforming tenders for plant and equipment hire for the period

1 January 2017 to 30 June 2019

2. The selection of plant and equipment, as required, is made based on price,

availability and suitability for Council’s needs.

Moved Clr A Humphery, Seconded Clr B Whiting

CARRIED

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21.9 CONSIDERATION OF TENDERS - CENTRAL MAITLAND CLEANING

SERVICES

COUNCIL RESOLUTION

THAT

1. Council accept the tender of Griffin Property Maintenance Pty Ltd in the amount of

$148,379.44 per annum (GST inclusive) for Central Maitland Cleaning Services for a

two year period commencing 9 January 2017 with an option for a one year

extension.

2. Council accept all conforming tenders for additional cleaning services, including

pressure cleaning, for a two year period commencing 9 January 2017 with an

option for a one year extension.

3. The selection of contractor for additional cleaning services, as required, is made

based on price, availability and suitability for Council’s needs.

4. In the event that any of the tenderers withdraw or perform unacceptably during

the tender period, the next ranked tenderer be appointed.

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

Moved Clr L Baker, Seconded Clr P Penfold

CARRIED

21.10 CONSIDERATION OF TENDERS - SUPPLY & DELIVERY OF BULK FUEL

COUNCIL RESOLUTION

THAT

1. The tender be awarded to Hastings Co-operative Ltd for the supply of bulk fuels to

Council through Regional Procurement’s tender for the period 1 January 2017 to

30 September 2018.

2. A provision be allowed for a 12 month extension, based on satisfactory supplier

performance, which may extend the tender period to 30 September 2019.

3. In the event that Hastings Co-operative withdraw or perform unacceptably during

the tender period, the next ranked tenderer be appointed.

Moved Clr A Humphery, Seconded Clr K Wethered

CARRIED

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Council resolved that the recommendations of the Closed Session of Committee of

the Whole be adopted.

Moved Clr B Burke, Seconded Clr N Penfold

CARRIED

23 CLOSURE

The meeting was declared closed at 6.19 pm.

................................

Chairperson