ordinary meeting minutes 13 december 2016
TRANSCRIPT
Maitland City Council I Ordinary Meeting Minutes
ORDINARY MEETING
MINUTES
13 DECEMBER 2016
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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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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 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
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
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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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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P15
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P16
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P17
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P18
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P19
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P20
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P21
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P22
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P23
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P24
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P25
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P26
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P27
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P28
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P29
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P30
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P31
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P32
15 MAJOR PROJECTS REPORTS
Nil
16 HUMAN RESOURCES REPORTS
Nil
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P33
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P34
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P35
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P36
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P42
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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
13 DECEMBER 2016
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P46
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P47
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P48
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P49
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
13 DECEMBER 2016
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.
13 DECEMBER 2016
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
13 DECEMBER 2016
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P53
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P54
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
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
13 DECEMBER 2016
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.
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P57
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
8 NOVEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P58
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
8 NOVEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P59
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P60
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P61
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P62
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P63
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P64
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
13 DECEMBER 2016
Maitland City Council | Ordinary Meeting Minutes P65
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