MAITLAND CITY COUNCIL docume… · maitland city library .....29 10.6 aquatics family fun day.....30 10.7 thornton north area plan - draft somerset park east precinct plan.....31

MAITLAND CITY COUNCIL

ORDINARY MEETING

MINUTES

25 NOVEMBER 2008

ORDINARY MEETING MINUTES 25 NOVEMBER 2008

Page (i)

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

2 APOLOGIES AND LEAVE OF ABSENCE ....................................................1

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

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING..........................1

5 BUSINESS ARISING FROM MINUTES.........................................................1

6 MAYORAL MINUTE.......................................................................................1

NIL..................................................................................................................1

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

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

9 GENERAL MANAGER'S REPORTS .............................................................4

9.1 SEPTEMBER QUARTERLY REPORT OF 2008/2009 MANAGEMENT PLAN.......................................................................4

9.2 ANNUAL & STATE OF THE ENVIRONMENT REPORT ................... 5

10 SERVICE PLANNING AND REGULATION REPORTS ................................6

10.1 DA 08-938 DEVELOPMENT OF A 100 BED RESIDENTIAL AGED CARE FACILITY, LOT 80 DP 524028, 603 OAKHAMPTON ROAD, ABERGLASSLYN RECOMMENDATION: APPROVAL...................................................6

10.2 DA 08-1940 SECOND STOREY DWELLING ADDIITIONS - LOT 227 DP 1071934, 15 CANANGA COURT, LARGS RECOMMENDATION: APPROVAL.................................................21

10.3 DA 07-2662 CONSOLIDATE TWO EXISTING RUNWAYS INTO SINGLE RUNWAY - RUTHERFORD AERODROME - LOT 102 DP 1113319, NO. 604 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL....................... 26

10.4 FRIENDS OF MAITLAND CITY LIBRARY - EXECUTIVE COMMITTEE NOMINATIONS .........................................................28

10.5 ESTABLISHMENT OF A LIVING LIBRARY PROGRAMME - MAITLAND CITY LIBRARY .............................................................29

10.6 AQUATICS FAMILY FUN DAY........................................................30 10.7 THORNTON NORTH AREA PLAN - DRAFT SOMERSET

PARK EAST PRECINCT PLAN .......................................................31 10.8 REZONING REQUEST - VARIOUS LANDS AT WINDERS

LANE AND NEW ENGLAND HIGHWAY, LOCHINVAR .................. 33


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10.9 ADOPTION OF 2008 REVIEW MAITLAND URBAN SETTLEMENT STRATEGY.............................................................35

11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS....................... 37

11.1 PETITION - MORPETH ROAD........................................................37 11.2 PETITION AGAINST PROPOSED NO PARKING ZONES IN

BULL STREET, MAITLAND.............................................................38 11.3 ROAD MAINTENANCE AND SEALING- VALLEY VIEW ROAD ..... 40 11.4 PETITION FOR FOOTPATH CONSTRUCTION ALONG

MAIZE STREET, TENAMBIT...........................................................41 11.5 BALL IN THE MALL 2009 TEMPORARY ROAD CLOSURE........... 42 11.6 MINUTES OF LOCAL TRAFFIC COMMITTEE - NOVEMBER........ 43

12 FINANCE AND ADMINISTRATION REPORTS...........................................44

12.1 QUARTERLY BUDGET REVIEW - SEPTEMBER 2008.................. 44 12.2 STATEMENT OF INVESTMENTS AS AT 31 OCTOBER 2008.......45 12.3 FINANCIAL ASSISTANCE GRANT 2008/2009 ............................... 46 12.4 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES

TO COUNCILLORS .........................................................................47 12.5 NOMINATION FOR MAITLAND MEDAL AND MAITLAND

SERVICE AWARD...........................................................................57 12.6 THE LOCAL GOVERNMENT CONSTITUTIONAL SUMMIT ........... 59

13 CITY WORKS AND SERVICES REPORTS.................................................60

NIL................................................................................................................60

14 ITEMS FOR INFORMATION........................................................................61

14.1 MAITLAND CITY LIBRARY WINS LEGAL INFORMATION ACCESS CENTRE AWARD ............................................................61

14.2 MAITLAND RECOGNISED AT THE 2008 TIDY TOWNS AWARDS .........................................................................................62

14.3 KEY PERFORMANCE INDICATORS - OCTOBER 2008 ................63 14.4 INTERNAL RESERVE BALANCES AS AT 30 SEPTEMBER

2008.................................................................................................64 14.5 2008/09 COUNTRY PASSENGER TRANSPORT

INFRASTRUCTURE GRANTS SCHEME PROJECTS.................... 65 14.6 MONTHLY FINANCIAL REPORT - OCTOBER 2008 ...................... 66 14.7 CORRESPONDENCE ANALYSIS...................................................67 14.8 DEPARTMENT OF CONSERVATION AND CLIMATE

CHANGE WASTE LEVY INCREASE ..............................................68

15 NOTICES OF MOTION ................................................................................69

NIL................................................................................................................69

16 QUESTIONS WITHOUT NOTICE ................................................................69

17 URGENT BUSINESS ...................................................................................69


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18 COMMITTEE OF THE WHOLE....................................................................70

18.1 CONSIDERATION OF TENDERS - 2008/09 PLANT REPLACEMENT PROGRAM...........................................................70

19 CLOSURE....................................................................................................72


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PRESENT

Clr Loretta Baker Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Henry Meskauskas Clr Stephen Mudd Clr Philip Penfold Clr Steve Procter Clr Ken Wethered

1 INVOCATION

2 APOLOGIES AND LEAVE OF ABSENCE

COUNCIL RESOLUTION THAT the apology received for Clr Tiemey be accepted

Moved Clr Humphrey. Seconded Clr Casey

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Councillor Philp Penfold declared a non-pecuniary interest in Item 11.4 – Petition for Footpath Construction along Maize Street, Tenambit, due to family in law owning a property in the street.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting held 11 November 2008 be confirmed. Moved Clr Humphery, Seconded Clr Cassey

CARRIED 5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil


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7 PUBLIC ACCESS

Jennifer Schroeder representing Winders Lane spoke Against Item 10.8 – Rezoning Request – Various Lands at Winders Land and New England Highway, Lochinvar Peter Watson representing self spoke Against Item 10.8 – Rezoning Request – Various Lands at Winders Land and New England Highway, Lochinvar Garry Warnes representing Carl McLean of 56 Rockleigh Street Thornton spoke Against/For Item 10.9 – Adoption of 2008 Review of Maitland Urban Settlement Strategy.

COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to Garry Warnes. Moved Clr Humphery Seconded Clr Fairweather

CARRIED

Stephen Berry representing self spoke Against Item 10.9 – Adoption of 2008 Review of Maitland Urban Settlement Strategy.

COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to Stephen Berry. Moved Clr Procter Seconded Clr Meskauskas

CARRIED

Ralph Ward representing self spoke For Item 10.9 – Adoption of 2008 Review of Maitland Urban Settlement Strategy.

COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to Ralph Ward. Moved Clr Geoghegan Seconded Clr Mudd

CARRIED

Wayne Hopkins representing self spoke For Item 11.1 – Petition - Morpeth Road. Bob Stead representing self spoke For Item 11.1 – Petition - Morpeth Road. Norman Gressier representing self spoke Against Item 11.2 – Petition Against Proposed No. Parking Zones in Bull Street, Maitland.


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Ann Gavan representing Valley View Lane spoke For Item 11.3 – Road Maintenance and Sealing – Valley View Road. David Wilkinson representing self spoke For Item 11.4 – Petition for Footpath Construction along Maize Street, Tenambit.

COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to David Wilkinson. Moved Clr Fairweather Seconded Clr Geoghegan

CARRIED

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 Acceptance of Late Item 12.6 – The Loacal Government Constitutional Summit

8.2 Acceptance of Late Item 14.8 – Department of Conservation and

Climate Change Waste Levy Increase 8.3 Withdrawal of Item 10.3 - DA 07-2662 Consolidate Two Existing

Runways into Single Runways – Rutherford Aerodrome – Lot 102 DP 1113319, No. 604 New England Highway Rutherford Recommendation: Approval

COUNCIL RESOLUTION

THAT Council withdraw Item 10.3 - DA 07-2662 Consolidate Two Existing Runways into Single Runways – Rutherford Aerodrome – Lot 102 DP 1113319, No. 604 New England Highway Rutherford and accept Item 12.6 – The Local Government Constitutional Summit and 14.8 – Department of Conservation and Climate Change Waste Levy Increase as late items.

Moved Clr Wethered, Seconded Clr Garnham

CARRIED

ORDINARY MEETING 25 NOVEMBER 2008

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9 GENERAL MANAGER'S REPORTS

9.1 SEPTEMBER QUARTERLY REPORT OF 2008/2009 MANAGEMENT PLAN

File No: 35/33/14 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration David Evans - General Manager

Author: Graeme Tolhurst - Group Manager Finance and Administration

EXECUTIVE SUMMARY In accordance with Section 407 of the Local Government Act, 1993, this report presents the Council with the results of the September quarterly review of the adopted 2008/09 Management Plan. The Quarterly Review report provides Council with an update on the status of the principal activities and key projects from the 2008/09 Management Plan taking into consideration the original performance objectives and targets of the adopted plan. The Quarterly Review also provides Council with an update on any projects and tasks from prior management plans that are yet to be completed. OFFICER’S RECOMMENDATION THAT the report on the status of Council’s 2008/2009 Management Plan for the September quarter be received and noted.

COUNCIL RESOLUTION THAT the report on the status of Council’s 2008/2009 Management Plan for the September quarter be received and noted.

Moved Clr Humphery, Seconded Clr Casey

CARRIED


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9.2 ANNUAL & STATE OF THE ENVIRONMENT REPORT

File No: 35/36/13 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration David Evans - General Manager

Author: Graeme Tolhurst - Group Manager Finance and Administration

EXECUTIVE SUMMARY The purpose of this report is to formally submit the Annual report of the Council for 2007/2008 as required by Section 428 of the Local Government Act, 1993. OFFICER’S RECOMMENDATION THAT the Annual Report for 2007/2008, including the State of the Environment Report be received and noted.

COUNCIL RESOLUTION THAT the Annual Report for 2007/2008, including the State of the Environment Report be received and noted.

Moved Clr Geoghegan, Seconded Clr Penfold

CARRIED


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10 SERVICE PLANNING AND REGULATION REPORTS

10.1 DA 08-938 DEVELOPMENT OF A 100 BED RESIDENTIAL AGED CARE FACILITY, LOT 80 DP 524028, 603 OAKHAMPTON ROAD, ABERGLASSLYN RECOMMENDATION: APPROVAL

File No: DA 08-938 Attachment/s: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner

Author: Belinda Streeter - Graduate Town Planner

Attachments: 1. Locality Plan 2. Development Plans

Applicant: Amity Group Pty Ltd Owner: DCA Funds Management Limited Proposal: Residential Aged Care Facility (100 Beds) Location: 603 Oakhampton Road, Aberglasslyn Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for the development of a 100 bed Residential Aged Care Facility at 603 Oakhampton Road Aberglasslyn. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan, 1993 and is located within the Aberglasslyn Urban Release Area. The development is a combination of two (2) and three (3) storeys (including a basement level) and will include the following:

• 100 single person bedrooms each with an ensuite • Lounge facilities • Nursing and staffing stations • Dining areas • Activity rooms • Assisted bathing rooms • Food serveries • Gathering areas • Therapy rooms • A reception area at the entrance • Visiting consultant rooms • Administration offices


DA 08-938 DEVELOPMENT OF A 100 BED RESIDENTIAL AGED CARE FACILITY, LOT 80 DP 524028, 603 OAKHAMPTON ROAD, ABERGLASSLYN RECOMMENDATION: APPROVAL (Cont.)

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The basement will mainly contain storage and service rooms including the following: • Kitchen • Kitchen stores • Staff rooms and amenities • Education rooms • Archives storage • Waste storage areas • Laundry storage

Courtyards for varying uses including secure courtyards for dementia patients will also be provided. Housing for aged or disabled persons is a permissible form of development in the 2(a) Residential zone with Council consent and is consistent with the objectives of the zone. The proposal complies in all respects with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. The development application and accompanying information were placed on public exhibition for a period of 30 days from 22 May 2008 to 20 June 2008. No submissions were received. The application has been assessed against the requirements of Section 79C of the Environmental Planning and Assessment Act 1979 and is considered satisfactory. Accordingly, it is recommended the application be granted consent subject to conditions. The application is referred to Council on the basis that Council officers do not have delegation to determine the proposal given its estimated cost of construction exceeding $5,000,000. OFFICER’S RECOMMENDATION THAT DA 08-938 for the development of a 100 bed Residential Aged Care Facility on Lot 80, DP 524028, 603 Oakhampton Road, Aberglasslyn be approved, subject to the conditions of consent set out in the attached schedule. COUNCIL RESOLUTION THAT DA 08-938 for the development of a 100 bed Residential Aged Care Facility on Lot 80, DP 524028, 603 Oakhampton Road, Aberglasslyn be approved, subject to the conditions of consent set out in the attached schedule. Moved Clr Meskauskas, Seconded Clr Humphery

CARRIED



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The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 12 for and 0 against, as follows: For:

Clr Baker Against:

Clr Blackmore Clr Casey Clr Fairweather Clr Garnham Clr Geoghegan Clr Humphery Clr Meskauskas Clr Mudd Clr Penfold Clr Procter Clr Wethered



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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 08-938 Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken. APPROVED PLANS AND DOCUMENTATION

1 The development shall be carried out in accordance with the stamped approved

plans and documentation 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

Rev n

No

Revision

Date

Prepared by:

(consultant)

Basement Plan DA02 H 21.07.08 Suters

Ground Floor Plan/ Site Plan DA03 J 21.07.08 Suters

1st Floor Plan DA04 I 21.07.08 Suters

Roof Plan DA05 H 21.07.08 Suters

Elevations DA06 E 21.07.08 Suters

Entry Signage DA09 A 21.07.08 Suters

Coloured Elevations DA10 B 21.07.08 Suters

Colour Board DA11 B 21.07.08 Suters

Landscape Plan L01 E 23.04.08 Terras

Section Elevation 2 b 21.07.08 Terras

CONTRIBUTIONS & FEES

2 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution of $526,904 shall be paid to the Council. The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner: 1 bedroom Total 2006(A) CW Rec and Open Space per person 97 x $1,763 $171,011 2006(A) CW Road and Traffic per person 97 x $1,638 $158,886 2006(A) CW Cultural Services per person 97 x $316 $30,652 2006(A) CW Community Services per person 97 x $702 $68,094 2006(A) CW Cycleways per person 97 x $72 $6,984



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2006(A) Aberglasslyn Roadworks per person 97 x $782 $75,854 2006(A) Aberglasslyn Cycleways 97 x $79 $7,663 2006(A) Aberglasslyn Admin per person 97 x $80 $7,760 _____ $526,904 The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006. Payment of the above amount shall apply to Development Applications as follows: - Subdivision only - prior to issue of the Subdivision Certificate. - Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate. - For extractive industries - annually from the date of issue of development consent. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.

CERTIFICATES 3 Prior to the commencement of works an application for a Construction Certificate

shall be submitted to, and be approved by, the Accredited Certifier. 4 Prior to the issue of an Occupation Certificate all conditions of development

consent shall be complied with. 5 Prior to occupation of the building an Occupation Certificate shall be issued by the

Principal Certifying Authority. LANDSCAPING 6a Carparking space no. 6 located in the easternmost visitor carpark adjacent to

Oakhampton Road shall be deleted and replaced with landscaping. (Note: The site landscape plan shall be amended accordingly).

6b All landscaped areas of the development shall be maintained in accordance with the

approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, waste material, and the like.



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CARPARKING 7 Car parking for the development shall be provided in accordance with the approved

plans, with a minimum allocation for the development of twenty-seven (27) spaces. 8 All on-site driveways, parking areas and vehicles turning areas shall be constructed

with a bitumen sealed granular pavement, segmental pavers, or as reinforced concrete.

9 All parking bays shall be delineated with line-marking and signposted in accordance with AS 2890.

ROADS & DRIVEWAYS

10 A one (1) metre wide reinforced concrete footpath shall be provided along the rear of

car spaces 7-10 in the easternmost visitor carpark.

11 The configuration of the easternmost driveway, visitor carpark and associated vehicle manoeuvring area/ driveway shall be in accordance with Drawing No. DA03, Issue J, Project No. 10138 prepared by Suters and dated 21.07.08.

12 Prior to issue of the Occupation Certificate, an intersection treatment, at the junction of Aberglasslyn Rd and Oakhampton Rd, including pavement widening for a bus stop on the southbound departure side of the intersection, shall be provided based on standard drawing SD031 and in accordance with Council’s Manual of Engineering Standards 2008.

13 Prior to issue of the Construction Certificate, approved driveway design profiles

that comply with Council’s standard drawings SD007 & SD008, (based on examples SD058 Sheets 1&2), shall be submitted to the Accredited Certifier.

14 Prior to issue of the Occupation Certificate, the proposed driveway crossings, from the road pavement to the property boundary, shall be constructed in concrete, (“commercial/ industrial”) in accordance with an engineer’s design or Council’s standard drawings SD007 to SD013, with reference to Council’s information document “Footway Crossings (Driveways)”.

15 Prior to commencement of construction of the driveway, an application form –

“Application To Construct Private Works On Footway” – for the driveway crossing on the public footway verge, shall be submitted to Council, together with the appropriate fee.

16 Prior to commencement of roadworks within an existing public road reserve;



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• an engineering design, in accordance with Council's Manual Of Engineering Standards, shall be submitted to Council for approval

• consent under the Roads Act for the approved works, shall be issued by Council

• all relevant Council fees shall be paid

• a traffic control plan in accordance with the RTA publication “Traffic Control at Worksites” shall be submitted to, and be approved by, Council.

STORMWATER DRAINAGE

17 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan, providing:

i) On-Site Detention (OSD) of stormwater, and

ii) an emergency overland flow path for major storm events, that is directed to the public drainage system, and

shall be designed in accordance with Council’s Manual of Engineering Standards, and be submitted to the Accredited Certifier.

The design shall be based on the concept plan number NL080022 C02 & C03 Issue A dated 23/4/08

18 Prior to issue of the Occupation Certificate, the stormwater-control system shall be constructed in accordance with approved plans, and a copy of Work-As-Executed drawings, together with supporting verification that the “detention” system has been satisfactorily constructed, shall be submitted to Council.

EROSION CONTROLS

19 The property shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”.

SERVICES & EQUIPMENT

20 A copy of the fire safety schedule and fire safety certificate shall be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

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

22 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 shall be submitted to Council. Such certificates shall be prepared in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.



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23 At least once in each twelve month period, fire safety statements in respect of each required essential fire safety measure installed within the building shall be submitted to Council. Such certificates are to state that:

a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and

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

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

BUILDING CONSTRUCTION 24 All building work shall be carried out in accordance with the provisions of the Building

Code of Australia.

25 All excavations and backfilling shall be executed safely, in accordance with appropriate professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.

26 The applicant shall submit to Council, “Notice of Commencement” at least two days prior to the commencement of construction works.

27 Hours of Work:

Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

28 Unless otherwise approved by Council in writing; all works associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Friday and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

29 All demolition works are to be carried out in accordance with Australian Standard 2601-2001 and disposed of in line with Council’s waste management policy. Any demolition which encounters materials containing asbestos shall be managed in accordance with the provisions of the OHS Act 2000, OHS Regulation 2001 and the Australian Standard. All materials containing asbestos shall be disposed of at a licensed waste management facility and receipts kept as records.



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SITE CONSIDERATIONS 30 All excavated an/or filled areas are to be retained or battered and suitably drained so

as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

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

32 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.

i) Must preserve and protect the building/structure from damage, and

ii) If necessary, must underpin and support the building/structure in an approved manner, and

iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).

33 If the work:

i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place

a hoarding or fence must be erected between the work site and the public place.



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

34 A sign must be erected in a prominent position on the work:

(i) stating that unauthorised entry to work site is prohibited, and

(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed. This condition does not apply to:

(i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

35 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.

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

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

38 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

ACCESS AND EGRESS 39 Access for disabled persons must be provided in accordance with DP1, DP2, and

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

40 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA).



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Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

FOOD PREMISES 41 The premises are to be fitted out in accordance with the requirements of Australian

Standard 4674-2004, Design Construction and Fit-Out of Food Premises and any other relevant legislation.

42 If Council is the nominated 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 business. Where Council is not the nominated Principal Certifying Authority, a Certificate from a suitably qualified and practising professional is to be provided to Council confirming compliance with the above legislation and guidelines. This is to be provided prior to the issue of the Occupation Certificate.

43 Prior to the occupation and commencement of trade, the business is to be registered with Council.

BUSHFIRE CONDITIONS 44 The applicant shall comply with the following General Terms of Approval (GTA’s)

issued by the New South Wales Rural Fire Service on 1 July 2008 as follows:

• At the commencement of building works the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Service's document 'Standards for asset protection zones.'

GENERAL PROVISIONS 45 All aspects of the building design shall comply with the applicable performance

requirements of the BCA for a Class 9c building so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:

a) complying with the deemed to satisfy provisions, or

b) formulating an alternative solution which:

i) complies with the performance requirements, or

ii) is shown to be at least equivalent to the deemed to satisfy provision, or

c) a combination of a) or b).



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46 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

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

STORAGE OF FLAMMABLE LIQUIDS 48 The storage and handling of all flammable and combustible liquids must be carried

out in accordance with Australian Standard AS 1940-1993.

AMENITY 49 The potable water storage tank being constructed to the requirements of Hunter

Water Corporation and the water quality is to comply with 'Drinking Water Quality Guidelines' of the National Health and Medical Research Council.

50 There is to be no interference with the residential amenity of the area by reason of the emission of any noise, smell, smoke, vapour, fume or otherwise.

51 Vehicles being loaded or unloaded are to stand wholly 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.

52 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.

53 The signs are to be located so that they do not interfere with safe traffic movement.

TREE AND HABITAT PRESERVATION 54 The removal of the sixty-four (64) trees as indicated on page 21 of the Development

Impact Assessment and Tree Protection Report completed by Arborviews, shall be carried out by a qualified arborist.

55 The management of the tree protection zones should be conducted by a suitably qualified professional. Any pruning of trees on site is to be carried out in accordance with Australian Standard AS4373-2007 – Pruning of Amenity Trees.



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56 The applicant shall comply with the recommendations of the Species Impact Statement completed by Cumberland Ecology dated July 2008 concerning the mitigation measures (habitat preservation, augmentation and management) for the species identified within the SIS.

DESIGN

57 The materials and colour finishes used for the external building treatments shall be in accordance with the details contained within the documentation accompanying the development application. This includes the fencing detail provided by Terras Landscape Architects.

WASTE MANAGEMENT 58 Prior to the issue of the Construction Certificate, a waste management plan shall

be prepared, including the management and disposal of all medical waste. Such plan shall be prepared in consultation with the NSW Department of Health and the NSW Department of Environment and Climate Change.

59 The applicant shall enter into an agreement for the removal of all waste from the site

with a private contractor. This agreement shall be in place prior to occupation of the development. All waste collection shall occur on-site at all times. No bins are to be placed on the street frontage. The collection of the waste from the site at no times shall cause nuisance to adjoining properties.

UTILITIES PROVISION 60 Prior to the issue of the Construction Certificate, reticulated water and sewer are

to be provided for the development. Evidence shall be provided to Council to ensure that adequate arrangements have been provided.

61 Prior to issue of the Construction Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.

USE OF PREMISES

62 In accordance with Clause 18 of SEPP (Housing For Seniors or People With a Disability) 2004, occupation of the facility shall be limited to ‘seniors’ being people aged 55 years or more, or ‘people with a disability’ being people of any age who, as a result of an intellectual, physical, psychiatric or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full or active life and people who live in the same household with seniors or people with a disability.

63 Prior to the issue of the Occupation Certificate, a restriction as to user must be registered against the title of the property in accordance with section 88E of the Conveyancing Act 1919 limiting the use of any accommodation on the property to the kinds of people referred to in Condition 62.



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ADVICES A You are advised that, prior to submitting an application for an Occupation

Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.

B You are advised that in regard to potential soil erosion from the construction site,

such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.

C You are advised to notify Council in writing, of any existing damage to the street infrastructure (including landscaping) along the frontage of the property, prior to commencement of construction. The absence of such notification signifies that no damage exists. Where necessary repairs are carried out by Council, the owner of the property shall be held liable for the cost of those repairs.

D You are advised that there may be design matters in relation to the drainage concept plan that warrant further attention prior to the issue of the Construction Certificate.

E You are advised that further consent for a driveway within the road reserve must be obtained. Inspections of works (eg formwork & reinforcement MUST be carried out by Council. (See Council’s “Application To Construct Private Works On Footway”).

F You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.

G You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

H You are advised that any future additional signage is subject to a separate Development Application.

I You are advised that works within the road reserve may involve adjustments to public utilities



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J Rural Fire Service Advice: Any further development application for class 1, 2 & 3

buildings as identified by the Building Code of Australia must be subject to a separate application under section 79BA of the Environmental Protection and Assessment Act 1979 and address the requirements of Planning for Bush Fire Protection 2006.

K WorkCover recommends that those persons undertaking any tree removal or pruning

work have the following qualifications:

(i) Work carried out on the ground – a minimum of one person holds the qualification of Certificate II in Horticulture (Arboriculture);

(ii) All tree climbing works should be carried out by a person who holds a minimum Certificate II in Horticulture (Arboriculture) or be undertaking a course to obtain this qualification. All tree climbing work should be directly supervised by a person with a minimum qualification of Certificate III in Horticulture (arboriculture).

Additional information in respect to WorkCover requirements/procedures (eg. the Amenity Tree Industry Code of Practice) can be obtained from their website: www.workcover.nsw.gov.au.

L Open burning is prohibited in the Maitland Local Government Area except where permitted under the provisions of Council’s Control of Burning Policy.

M To improve access between floors of the building it is recommended that an additional stair be provided close to the main entry of the building.

N The proposed fire wall separation as shown may not be practical due to the location of the openings and the internal room layout.

O The applicant is advised to consult with the Department of Environment and Climate Change (National Parks and Wildlife Services) regarding licensing requirements under the Threatened Species Conservation Act 1995 in relation to any modification of habitat the subject of the Species Impact Statement completed by Cumberland Ecology dated July 2008.


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10.2 DA 08-1940 SECOND STOREY DWELLING ADDIITIONS - LOT 227 DP 1071934, 15 CANANGA COURT, LARGS RECOMMENDATION: APPROVAL


Regulation David Simm - Manager Development and Environment Murray Freeman - Senior Health & Building Surveyor

Author: Brett Gardiner - Health and Building Surveyor

Attachments: 1. Locality Plan 2. Development Plans 3. Submissions

Applicant: Frank and Christine Auld Owner: Frank & Christine Auld Proposal: Second Storey Dwelling Additions Location: 15 Cananga Court, Largs Zone: 2(a) Residential

EXECUTIVE SUMMARY Development consent is sought from Council for second storey dwelling additions at 15 Cananga Court, Largs. The application is referred to Council for determination as objections have been received. The subject land is zoned 2(a) under Maitland Local Environmental Plan, 1993. Additions are a permissible form of development in the 2(a) Residential zone with Council consent and are consistent with the objectives of the zone. The application is for the construction of a second storey addition over the rear portion of the existing single storey dwelling. The proposal incorporates three (3) additional bedrooms and a family room. The application was notified for a period of seven (7) days from 24 September 2008 to 2 October 2008. Two submissions were received following the notification period. One (1), in the form of a verbal submission, raised no objection to the proposed development. The other was a written objection raising issues primarily concerned with overshadowing of neighbouring properties, privacy impacts, noise impacts, and visual amenity of the development. The concerns were communicated to the applicant who subsequently lodged amended plans detailing mitigation measures to be taken. Following submission of the revised design the application was re-notified for a period of seven (7) days from 17 October 2008 to 24 October 2008. One (1) additional written objection was received from the original objector during this re-notification period, based on the same grounds and also raised issues of solar access within the proposed addition. The concerns raised were communicated to the applicant who made a further minor alteration to the building design. For this reason the development was renotified for a period of seven (7) days from 3


DA 08-1940 SECOND STOREY DWELLING ADDIITIONS - LOT 227 DP 1071934, 15 CANANGA COURT, LARGS RECOMMENDATION: APPROVAL (Cont.)

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November 2008 to 11 November 2008. The original objector lodged a further objection on the same grounds as the initial objections. It is considered that the mitigation measures proposed in the revised design address the issues raised in the objections satisfactorily, and that no further issues which warrant refusal of the application remain. OFFICER’S RECOMMENDATION THAT DA 08-1940 for Second Storey Dwelling Additions on Lot 227, DP1071937 15 Cananga Court, Largs be approved, subject to the conditions of consent set out in the attached schedule. COUNCIL RESOLUTION THAT DA 08-1940 for Second Storey Dwelling Additions on Lot 227, DP1071937 15 Cananga Court, Largs be approved, subject to the conditions of consent set out in the attached schedule. Moved Clr Fairweather, Seconded Clr 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 Baker Against:




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Schedule of Conditions DA 08-1940 Standard General Provisions – Dwelling Additions/Alterations Reason for Conditions The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 1994, Local Government Act, 1993; Regulations, Building Code of Australia and Local Policies relating to building construction and maintenance. 1 The applicant is required to submit to council, ‘Notice of Commencement’ at least two

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

2 Satisfactory inspections are required to be carried out in accordance with the Inspection Schedule as detailed in the Construction Certificate.

3 The addition, or any portion of the addition, shall not be occupied until an Occupation Certificate has been issued.

4 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

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

6 The owner should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

7 A copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.

8 (1) Building work that involves residential building work (within the meaning of the

Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act:

(i) has been informed in writing of the licensee's name and contractor licence number, and

(ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or

(b) in the case or work to be done by any other person;

(i) has been informed in writing of the person's name and owner-builder permit, or



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(ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.

HEALTH & AMENITY Reason for Conditions The objectives of the following conditions are to ensure that a building is so designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided. 9 Roof waters are to be disposed of to street gutters or approved stormwater

systems/catchments where possible. Alternative disposal of roof waters may be permissible only in accordance with Council policy.

SITE CONSIDERATIONS Reason for Conditions The objectives of the following conditions are to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.

10 A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

i) Stating that unauthorised entry to work site is prohibited, and

ii) Showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed.

This condition does not apply to:

i) Building work carried out inside an existing building, or



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ii) Building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

11 Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, 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.

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

13 No building materials, refuse or spoil are to be deposited, or be allowed to remain, on Council’s footpath.

14 Soil erosion and sediment controls are to be provided in accordance with Council’s policy prior to, and at all times during, the construction of the proposed development.

15 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

ANCILLARY PROVISIONS Reason for Conditions The objectives of the following conditions are to provide more specific requirements for particular points of building or structures and to compliment provisions of related legislation.

16 The applicant shall comply with all conditions within this schedule prior to occupancy of the proposed development.

17 Hours of Work:

Unless otherwise approved by Council in writing; all building work that may cause offensive noise associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.


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10.3 DA 07-2662 CONSOLIDATE TWO EXISTING RUNWAYS INTO SINGLE RUNWAY - RUTHERFORD AERODROME - LOT 102 DP 1113319, NO. 604 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL


Regulation David Simm - Manager Development and Environment

Author: Stephen Punch - Principal Planner

Attachments: 1. Locality Plan 2. Development Application Plans 3. Revised ANEC Modelling (Existing Runways) 4. Revised ANEC Modelling (Proposed Single Grassed Runway) 5. Submissions

Applicant: Pulver Cooper and Blackley Owner: Royal Newcastle Aero Club Proposal: Consolidate Two Existing Runways into Single

Runway Location: Lot 102 DP 1113319, No. 604 New England Highway,

Rutherford Zone: 5(a) Special Uses

EXECUTIVE SUMMARY Development consent is sought from Council for the consolidation of two (2) existing grassed runways into a single grassed runway at Lot 102, DP 1113319, No.604 New England Highway, Rutherford. The subject land is zoned 5(a) Special Uses Aerodrome under the Maitland Local Environmental Plan, 1993. An ‘aerodrome’ is a permissible form of development in the 5(a) Special Uses Aerodrome Zone with Council consent. The Royal Newcastle Aero Club (RNAC) have quantified the maximum number of movements for the proposed grassed runway at 500 per year. These movements will be limited to planes with a take-off weight of generally less than 2000 kilograms which cannot operate from the main east/west sealed runways under stronger north/south crosswind conditions. The proposed runway will also be used from time to time for emergency landing training. The RNAC have indicated that they will accept a maximum daily movement of 20 aircraft on the proposed runway to demonstrate its commitment to minimising the impact of its operations. Consideration has been given to

• revised noise modelling (resulting in new ANEC maps) for the Rutherford Aerodrome in order to determine the additional impact that the replacement


DA 07-2662 CONSOLIDATE TWO EXISTING RUNWAYS INTO SINGLE RUNWAY - RUTHERFORD AERODROME - LOT 102 DP 1113319, NO. 604 NEW ENGLAND HIGHWAY, RUTHERFORD RECOMMENDATION: APPROVAL (Cont.)

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runway proposal would have above and beyond the impacts associated with the use of the existing two grassed runways;

• the impact on adjoining properties with respect to the runway approach and departure paths associated with the replacement runway;

• the minor physical works (filling) and mowing required to establish and define the proposed replacement runway

Seven (7) submissions were received in response to the exhibition and notification of the development application. The objections raised related to acoustic impact, flight path location, concern over number of aircraft movements and aircraft operations (direction of banking after take-off and circuits) and potential impact on future development potential of adjoining land. The objections raised have been discussed in detail within the report and the issues are not such as to warrant refusal of the development application. The development application and revised noise modelling for the Rutherford Aerodrome have been considered by the Rutherford Aerodrome Community Consultative Panel and its comments taken into consideration. The report concludes that the environmental and amenity impacts of the proposal are not significant and that the development should be approved with conditions. Further, the revised ANEC mapping undertaken by Rehbein AOS Airport Consulting should be adopted by Council as the basis for future strategic planning decisions in the west of the Local Government Area. OFFICER’S RECOMMENDATION THAT 1. DA 07-2662 for Consolidation of Two Existing Grassed Runways into a

Single Grassed Runway on Lot 102, DP 1113319, No.604 New England Highway, Rutherford be approved, subject to the conditions of consent set out in the attached schedule.

2. The revised ANEC contour map, No.A08014A008 prepared by Rehbein AOS Airport Consulting dated 20 October, 2008, be adopted as Council’s “Strategic Planning Noise Contour Map” with the 15 ANEC contour being retained to define the aerodrome buffer.

This item has been withdrawn from the Business Paper as stated in Item 8.3 on page 3.


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10.4 FRIENDS OF MAITLAND CITY LIBRARY - EXECUTIVE COMMITTEE NOMINATIONS

File No: 86/20 Attachment/s: 1. Annual Report Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Lynn Morton - Manager Community and Recreation Services

Author: Keryl Collard - City Librarian

EXECUTIVE SUMMARY The Friends of Maitland City Library are a delegated committee under Section 355 of the Local Government Act 1993. The purpose of this report is to seek endorsement of the nominations received for membership of the Friends of Maitland City Library Committee Executive and to provide a copy of the Committee’s 2007/08 annual report. OFFICER’S RECOMMENDATION THAT

1. Council nominate one (1) Councillor for membership of the Executive.

2. Nominations from the following citizens for membership of the Friends of Maitland City Library Executive Committee be endorsed: Nanoya Barrett, Lorraine Beveridge, John Brown, Sue Brown, Leone Clifton, Barbara Gow, Samy Korbi and Wendy White.

3. Information in the Friends of Maitland City Library 2007/08 annual report be noted.

COUNCIL RESOLUTION THAT

1. Council nominated Councillor Baker for membership of the Executive.

2. Nominations from the following citizens for membership of the Friends of Maitland City Library Executive Committee be endorsed: Nanoya Barrett, Lorraine Beveridge, John Brown, Sue Brown, Leone Clifton, Barbara Gow, Samy Korbi and Wendy White.

3. Information in the Friends of Maitland City Library 2007/08 annual report be noted.

Moved Clr Meskauskas, Seconded Clr Garnham

CARRIED


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10.5 ESTABLISHMENT OF A LIVING LIBRARY PROGRAMME - MAITLAND CITY LIBRARY

File No: 86/20 Attachment/s: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and



EXECUTIVE SUMMARY The purpose of this report is to advise Council of Maitland City Library’s plans to establish a Living Library in 2009. The report outlines the Living Library concept and summarises the Library’s plans for local implementation. OFFICER’S RECOMMENDATION THAT 1. Councillors note the information contained in this report and endorse the

local implementation of a Living Library programme by Maitland City Library.

COUNCIL RESOLUTION THAT 1. Councillors note the information contained in this report and endorse the

local implementation of a Living Library programme by Maitland City Library.

Moved Clr Procter, Seconded Clr Baker

CARRIED


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10.6 AQUATICS FAMILY FUN DAY



Author: Jocelyn Palmer - Recreation Planning Coordinator

EXECUTIVE SUMMARY The purpose of this report is to provide an overview of the Swim and Survive Active Family Fun Day organised by Maitland City Council Aquatic staff in partnership with the Royal Life Saving Society. The event is scheduled to be held at Maitland Aquatic Centre on Saturday 20th December 2008. It is proposed that Council waive family pool admissions at the Maitland Aquatic Centre for the event. OFFICER’S RECOMMENDATION THAT 1. The Swim and Survive Active Family Fun Day proceed at the Maitland

Aquatic Centre on Saturday 20 December 2008. 2. Pool admission fees for families using the Maitland Aquatic Centre be

waived between 10am and 4pm for the Swim and Survive Active Family Fun Day.

COUNCIL RESOLUTION THAT 1. The Swim and Survive Active Family Fun Day proceed at the Maitland

Aquatic Centre on Saturday 20 December 2008. 2. Pool admission fees for families using the Maitland Aquatic Centre be

waived between 10am and 4pm for the Swim and Survive Active Family Fun Day.

Moved Clr Fairweather, Seconded Clr Garnham

CARRIED


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10.7 THORNTON NORTH AREA PLAN - DRAFT SOMERSET PARK EAST PRECINCT PLAN

File No: 103/115 Attachment/s: Nil Responsible Officer: Monica Gibson - Manager City Strategy

Leanne Harris - Group Manager Service Planning and Regulation

Author: Mark Roser - Strategic Town Planner

EXECUTIVE SUMMARY At its meeting of 26 February 2008, Council adopted the Thornton North Area Plan (TNAP) and Thornton North Section 94 Contributions Plan for the Thornton North Urban Release Area (TNURA). The TNAP is consistent with the provisions of Clause 57 (2) of the Maitland Local Environmental Plan 1993. The majority of land identified in Stage 1 of the TNAP has been rezoned to allow residential development and conservation of environmentally sensitive land. The TNURA is characterised by a number of precincts or catchments due to site constraints, infrastructure provisions, existing development and land ownership. In accordance with the TNAP, prior to the determination of any application for residential subdivision, a precinct plan must be adopted by Council for the given precinct. The purpose of this report is to present to Council the draft precinct plan for the Somerset Park East Precinct of the TNURA and it is recommended that the draft Somerset Park East Precinct Plan be placed on public exhibition for an extended period during December/January. OFFICER’S RECOMMENDATION THAT 1. Pursuant to Clause 18 of the Environmental Planning and Assessment

Regulation 2000, the Draft Somerset Park East Precinct Plan be exhibited as an amendment to the Thornton North Area Plan being a chapter of the Maitland Citywide Development Control Plan

2. At the completion of the exhibition period the matter be reported back to Council with any submissions made during this time. COUNCIL RESOLUTION THAT 1. Pursuant to Clause 18 of the Environmental Planning and Assessment

Regulation 2000, the Draft Somerset Park East Precinct Plan be exhibited as an amendment to the Thornton North Area Plan being a chapter of the Maitland Citywide Development Control Plan


THORNTON NORTH AREA PLAN - DRAFT SOMERSET PARK EAST PRECINCT PLAN (Cont.)

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2. At the completion of the exhibition period the matter be reported back to Council with any submissions made during this time. Moved Clr Fairweather, Seconded Clr Meskauskas

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 Baker Against:



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10.8 REZONING REQUEST - VARIOUS LANDS AT WINDERS LANE AND NEW ENGLAND HIGHWAY, LOCHINVAR

File No: RZ08002 Attachment/s: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Monica Gibson - Manager City Strategy

Author: Deborah Gordon - Strategic Town Planner

EXECUTIVE SUMMARY Further to the adoption of the Lochinvar Structure Plan which provides a framework for the future growth and development of the Lochinvar area, two rezoning requests have been received by Council for consideration. It is requested that land in the south eastern part of the study area surrounding and including the ‘Airds of Lochinvar’ site, and land on the corner of Robert Road and Christopher Road be investigated for future urban development. The subject land is mostly located within the boundaries of the Structure Plan. Whilst individual background planning studies have been prepared for both rezoning proposals, the cumulative impacts of the development of the study area are to be assessed. As such, a Local Environmental Study is now required to be prepared for the whole of the study area to provide the next level of detail including possible zone boundaries, road hierarchies, development precincts and infrastructure needs. Due to the size of the Lochinvar study area and the number of individual landowners, it is recommended that a reference group be established to progress the preparation of the LES and negotiate funding arrangements for the studies required. The scope of the study will be determined in consultation with Council, Government Agencies and the landholder reference group, with the LES to be prepared and submitted to Council for assessment by the reference group or representative. The LES will then be referred to the Government Agencies for their review and placed on public exhibition for consideration. The LES will provide the detailed framework for a strategic Master Plan and contribute towards the development of precinct plans for the future staged release of land. It is intended that the land will be identified as an Urban Release Area with some land identified for immediate rezoning in conjunction with the implementation of the Comprehensive Maitland LEP 2011. A staging plan will identify the potential rezoning and release of the remaining development precincts. This report is referred to Council to receive the information regarding the commencement of rezoning studies for the Lochinvar area and to resolve to proceed with the assessment of the rezoning and consultation processes and seek nominations for a reference group. The progression of the statutory rezoning process will be incorporated into the development of the Maitland LEP 2011.


REZONING REQUEST - VARIOUS LANDS AT WINDERS LANE AND NEW ENGLAND HIGHWAY, LOCHINVAR (Cont.)

Page 34

OFFICER’S RECOMMENDATION THAT 1. Council receive and note the rezoning request for land identified as

“Lochinvar Estate” and “Lochinvar Green” and resolve to proceed with the rezoning of lands within the Lochinvar Structure Plan in conjunction with the preparation of the Maitland LEP 2011.

2. Council resolve to seek nominations for the establishment of a reference group to represent the landholders to guide the preparation of the LES, with a further report to Council to accept the nominations to the group and endorse the terms of reference for that group.

COUNCIL RESOLUTION THAT 1. Council receive and note the rezoning request for land identified as

“Lochinvar Estate” and “Lochinvar Green” and resolve to proceed with the rezoning of lands within the Lochinvar Structure Plan in conjunction with the preparation of the Maitland LEP 2011.

2. Council resolve to seek nominations for the establishment of a reference group to represent the landholders to guide the preparation of the LES, with a further report to Council to accept the nominations to the group and endorse the terms of reference for that group.

Moved Clr Geoghegan, Seconded Clr Procter

CARRIED The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 11 for and 1 against, as follows: For: Clr Baker Against: Clr Meskauskas

Clr Blackmore Clr Casey Clr Fairweather Clr Garnham Clr Geoghegan Clr Humphery Clr Mudd Clr Penfold Clr Procter Clr Wethered


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10.9 ADOPTION OF 2008 REVIEW MAITLAND URBAN SETTLEMENT STRATEGY

File No: 103/77/4 Attachment/s: Nil Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Monica Gibson - Manager City Strategy

Author: April McCabe - Strategic Town Planner

EXECUTIVE SUMMARY The Maitland Urban Settlement Strategy 2001-2020 (MUSS) is reviewed biennially to ensure that a 10-15 year supply of zoned land is maintained across the Maitland local government area. The review also amends the strategy to reflect policy changes made by Council and other levels of government and to keep the strategy relevant to current economic and urban development issues. Consultation on the draft 2008 edition of the MUSS was held for an extended period of six weeks, consulting specifically with relevant government departments and agencies, adjoining local councils and residents within all of the investigation areas. A total of sixty (60) written submissions were received, which ranged from requests for inclusion of land to the identification of local issues for consideration. A review of all submissions has been made and where appropriate amendments to the 2008 edition of the Maitland Urban Settlement Strategy have been made. These amendments include:

• Inclusion of a new Preliminary Investigation Area at Metford for future employment land;

• Removal of the Royal Newcastle Aero club site from the Rutherford Industrial Investigation Area;

• Removal of the Shamrock Hill Investigation Area from the strategy; • No additional land included at Farley from what was exhibited; • Anambah to remain as two (2) separate areas – as Category 2 Investigation

Area and as a Preliminary Investigation Area; • The Preliminary Investigation Areas at Lochinvar Fringe and Anambah be

investigated as future rural transition areas; and • Investigation Areas identified in the MUSS is subject to a Land Rezoning

Program to correspond with the preparation of the Maitland LEP 2011. The 2008 review of the MUSS establishes that with the current supply and demand for land in the LGA, regular monitoring of the actual supply and demand figures and clear directions provided by the land rezoning program a 10-15 year supply of zoned land will be maintained.


ADOPTION OF 2008 REVIEW MAITLAND URBAN SETTLEMENT STRATEGY (Cont.)

Page 36

OFFICER’S RECOMMENDATION THAT 1. Council adopt the Maitland Urban Settlement Strategy 2008 and to

forward the strategy to the Department of Planning for endorsement; 2. Council resolve to adopt the Land Release Program as outlined in the

report; 3. A monitoring report on land supply and demand be presented to Council

on an annual basis. COUNCIL RESOLUTION THAT The report on the 2008 Review of the Maitland Urban Settlement Strategy be deferred to enable a further briefing of the Council to: A) Provide the Council with further information in respect of the Council

report and revised Strategy. B) Provide the Council with additional information in respect of the new

representations that have been received since publication of the revised Strategy.

C) Discuss the opportunities for further input and involvement form the

development industry as part of the process of finalising the Strategy. Moved Clr Procter, Seconded Clr Humphery

CARRIED


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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS

11.1 PETITION - MORPETH ROAD

File No: 222/398 Attachment/s: Nil Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Author: Kevin Stein - Manager Design and Technical Support

EXECUTIVE SUMMARY Council has received a petition requesting the construction of a retaining wall over the frontage of a number of properties in the vicinity of recently completed roadwork at the intersection of Morpeth Road and Raworth. The works were undertaken as part of the Regional Roads Repair Program funded by the RTA. The project is principally roadworks and the retaining of the footpath embankment is not considered warranted at this time. This report recommends that the installation of a retaining wall or footpath upgrades be listed for consideration in a future capital works program OFFICER’S RECOMMENDATION THAT 1. Footpath upgrade works along Morpeth Road be investigated and if

appropriate listed for consideration in a future capital works program. 2. Ongoing monitoring on the stability of the bank be undertaken 3. The principle petition signatory be notified of Councils resolution. COUNCIL RESOLUTION THAT 1. Footpath upgrade works along Morpeth Road be investigated and if

appropriate listed for consideration in a future capital works program. 2. Ongoing monitoring on the stability of the bank be undertaken 3. The principle petition signatory be notified of Councils resolution. Moved Clr Procter, Seconded Clr Garnham

CARRIED


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11.2 PETITION AGAINST PROPOSED NO PARKING ZONES IN BULL STREET, MAITLAND

File No: 140/5 Attachment/s: Nil Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Scott Henderson - Infrastructure Planning Engineer

Author: Kenneth Splatt - Traffic Officer

EXECUTIVE SUMMARY Council has received a petition from residents of Bull Street Maitland requesting a solution to the access and parking problems currently being experienced on this narrow street. Following consultation with the residents a report was submitted to the Local Traffic Committee, and it was recommended that NO PARKING zones be installed to alleviate the access problem. A report was being prepared for Council when a second petition was received from the residents of Bull Street expressing their opposition to the NO PARKING proposal presented to them and repeating their request for a Residential Parking Scheme for the Bull Street residents. Such a scheme does not give exclusive parking to residents, and cannot be installed on this public road, as the necessary RTA pre-conditions are not present. The Local Traffic Committee’s original recommendation is considered to be a more appropriate solution to the access problem. OFFICER’S RECOMMENDATION THAT NO PARKING zones be installed on Bull Street:

1) on the eastern side, from the existing NO STOPPING zone at Anlaby Street to the north side of the driveway access at House No. 25, approximately 23 metres in length;

2) on the eastern side, across the frontage of House No’s 39 and 43 approximately 33 metres in length, and;

3) on the western side, from near the northern property boundary of House No. 24 to the driveway of No. 42, approximately 100 metres in length.

COUNCIL RESOLUTION THAT NO PARKING zones be installed on Bull Street:

1) on the eastern side, from the existing NO STOPPING zone at Anlaby Street to the north side of the driveway access at House No. 25,


PETITION AGAINST PROPOSED NO PARKING ZONES IN BULL STREET, MAITLAND (Cont.)

Page 39

approximately 23 metres in length;

2) on the eastern side, across the frontage of House No’s 39 and 43 approximately 33 metres in length, and;

3) on the western side, from near the northern property boundary of House No. 24 to the driveway of No. 42, approximately 100 metres in length.

4) There be a three month trial and report back to council. Moved Clr Casey, Seconded Clr Humphery

CARRIED


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11.3 ROAD MAINTENANCE AND SEALING- VALLEY VIEW ROAD

File No: 222/1005

Attachment/ } Nil Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Author: Chris McGrath - Manager Assets

EXECUTIVE SUMMARY Requests to seal Valley View Road have been received on numerous occasions over the last ten years. Much of the road is unsealed and requires regular grading. Due to low traffic use, the road is unlikely to rate high enough for a full reconstruction, given current priorities. The general approach on low traffic gravel roads is to apply periodic grading and gravel re-sheeting. The location of Valley View Road has an added maintenance burden as crews need to travel several kilometres outside the LGA to enter the road and importantly with no other gravel road in the vicinity, is a costly process. To reduce ongoing maintenance costs a seal over the existing gravel would significantly reduce the return time of crews. While a maintenance seal is not the ultimate standard, it represents a cost saving to Council and an improved service for the road user. OFFICER’S RECOMMENDATION THAT 1. Subject to the availability of cost savings in the 2008/09 Reseal Program,

Valley View Road be bitumen sealed as detailed in this report or if savings are not available then the works be listed for consideration in the 2009/10 Management Plan;

2. A contribution be sought from Cessnock City Council to assist with funding of the works.

COUNCIL RESOLUTION THAT 1. Subject to the availability of cost savings in the 2008/09 Reseal Program,

Valley View Road be bitumen sealed as detailed in this report or if savings are not available then the works be listed for consideration in the 2009/10 Management Plan;

2. A contribution be sought from Cessnock City Council to assist with funding of the works.

Moved Clr Fairweather, Seconded Clr Meskauskas

CARRIED


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11.4 PETITION FOR FOOTPATH CONSTRUCTION ALONG MAIZE STREET, TENAMBIT

File No: 222/364 Attachment/s: 1. Petition Request for Footpath Construction

along Maize Street, Tenambit 2. Plan

Responsible Officer: Chris McGrath - Manager Assets Chris James - Group Manager Assets and Infrastructure Planning

Author: Steven Lane - Assets Engineering Officer

EXECUTIVE SUMMARY This report details a petition received by Council requesting that a concrete footpath be constructed along Maize Street, Tenambit. The petition raises the issues of public access and safety for pedestrians in the area. Council currently has over 200 locations requested for footpath construction. To construct all these projects would cost several million dollars. Council’s current footpath construction budget is $101,787 for the 2008-2009 financial year and projects are therefore listed using a priority system. With respect to Maize Street, currently, other locations have been calculated with a higher priority. However, the request has merit and the project should be considered each year, for inclusion in the construction program. OFFICER’S RECOMMENDATION THAT the petitioners request for footpath be listed for consideration in the 2009/10 rolling works program for footpath construction.

Prior to the commencement of this item Clr Penfold left at 7.05pm as he declared a non-pecuniary interest in this item. COUNCIL RESOLUTION THAT the petitioners request for footpath be listed for consideration in the 2009/10 rolling works program for footpath construction.

Moved Clr Fairweather, Seconded Clr Geoghegan

CARRIED

Clr Penfold returned to the Chambers at 7.10pm.


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11.5 BALL IN THE MALL 2009 TEMPORARY ROAD CLOSURE

File No: 122/944/1 Attachment/s: Nil Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Scott Henderson - Infrastructure Planning Engineer


EXECUTIVE SUMMARY The Secretary of the Lions and Lioness Australia Day “Ball in the Mall” Committee has lodged its annual application to temporarily close part of High Street Maitland between Elgin Street and Bourke Street on the evening of Saturday 24 January 2009 for the annual charity Ball in the Mall. The Local Traffic Committee recommends approval of the closure, subject to conditions. This proposal is now referred to Council for final approval in accordance with the terms of the Delegation of Authority by the Roads and Traffic Authority in respect to temporary road closures. OFFICER’S RECOMMENDATION THAT THAT permission be granted for the Lions and Lioness Australia Day “Ball in the Mall” Committee to temporarily close High Street Maitland between Elgin and Bourke Streets to vehicular traffic only, subject to the schedule of conditions for this event. The temporary road closure will be in effect from 1.00pm Saturday 24 January 2009 to 3.00am Sunday 25 January 2009. COUNCIL RESOLUTION THAT THAT permission be granted for the Lions and Lioness Australia Day “Ball in the Mall” Committee to temporarily close High Street Maitland between Elgin and Bourke Streets to vehicular traffic only, subject to the schedule of conditions for this event. The temporary road closure will be in effect from 1.00pm Saturday 24 January 2009 to 3.00am Sunday 25 January 2009. Moved Clr Humphery, Seconded Clr Garnham

CARRIED


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11.6 MINUTES OF LOCAL TRAFFIC COMMITTEE - NOVEMBER

File No: 140/5 Attachment/s: 1. Local Traffic Committee Minutes Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Scott Henderson - Infrastructure Planning Engineer


EXECUTIVE SUMMARY Draft minutes of Maitland City Council’s Local Traffic Committee meeting held Thursday 6 November 2008 are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee meeting to be held Thursday 4 December 2008. 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 Garnham, Seconded Clr Geoghegan

CARRIED


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12 FINANCE AND ADMINISTRATION REPORTS

12.1 QUARTERLY BUDGET REVIEW - SEPTEMBER 2008

File No: 2/8 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Alicia Perry - Expenditure Accountant

EXECUTIVE SUMMARY This report reviews Council’s Financial Position as at 30 September 2008. Council on 24 June 2008 adopted the Management Plan 2008/2009. The Management Plan for 2008/2009 included the budget, which provided a surplus of $8,355. Following the changes provided in this report, the projected surplus as at 30 September 2008 is $562. OFFICER’S RECOMMENDATION THAT 1. The variations for the September 2008 quarter by approved and form part

of the Management Plan 2008/2009. COUNCIL RESOLUTION THAT 1. The variations for the September 2008 quarter by approved and form part

of the Management Plan 2008/2009. Moved Clr Fairweather, Seconded Clr Geoghegan

CARRIED Clr Wethered left the Council Meeting at 7.20pm.


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12.2 STATEMENT OF INVESTMENTS AS AT 31 OCTOBER 2008

File No: 82/2 Attachment/s: 1. Statement of Investments as at 31 October

2008 - Table Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Kristy Bragg - Compliance Accountant

EXECUTIVE SUMMARY The Local Government (General) Regulation 2005, Section 212 requires Council to report its investments. OFFICER’S RECOMMENDATION THAT 1. The report be received and noted. COUNCIL RESOLUTION THAT 1. The report be received and noted. Moved Clr Penfold, Seconded Clr Mudd

CARRIED


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12.3 FINANCIAL ASSISTANCE GRANT 2008/2009


Administration Author: Kristy Bragg - Compliance Accountant

EXECUTIVE SUMMARY Maitland City Council has been advised of the Financial Assistance Grant it will receive for 2008/2009. The grant comprises the following components: (a) General Purpose $4,926,846 (Budget $4,800,000) (b) Local Roads $990,455 (Budget $848,000) OFFICER’S RECOMMENDATION THAT

1. The Financial Assistance Grant be accepted by Maitland City Council

2. The additional local roads component be allocated to local roads expenditure.

3. The additional general purpose component form part of the September 2008 Quarterly budget review.


1. The Financial Assistance Grant be accepted by Maitland City Council

2. The additional local roads component be allocated to local roads expenditure.

3. The additional general purpose component form part of the September 2008 Quarterly budget review.

Moved Clr Fairweather, Seconded Clr Geoghegan

CARRIED


PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.)

Page (47)

12.4 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

File No: 35/1 & 35/7 Attachment/s: 1. Draft Policy Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Graeme Tolhurst - Group Manager Finance and

Administration

EXECUTIVE SUMMARY A review has been undertaken of the Payment of Expenses and Provision of Facilities to Councillors. This report is to place this policy on public exhibition for 28 days. OFFICER’S RECOMMENDATION THAT the draft policy “Payment of Expenses and Provision of Facilities to Councillors” be placed on public exhibition for 28 days. COUNCIL RESOLUTION THAT the draft policy “Payment of Expenses and Provision of Facilities to Councillors” be placed on public exhibition for 28 days. Moved Clr Geoghegan, Seconded Clr Mudd

CARRIED



Page (48)

Finance and Administration Reports

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO

COUNCILLORS

Draft Policy

Meeting Date: 25 November 2008

Attachment No: 1

Number of Pages: 8


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POLICY GROUP NAME - COUNCIL MATTERS

Policy Name: PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

File Number: 35/1 & 35/7

Date Created: 12 November 2008

Committee Approval Date/s: N/A

Date Approved: 11 September 2007

Policy Review Date: As needed

Business Group: Finance & Administration

Responsible Officer: Group Manager Finance & Administration

Further Information:

Objective:

To comply with the provisions of Section 252 of the Local Government Act, 1993 and provide for the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor and Councillors in relation to discharging the functions of civic office.

PURPOSE OF THE POLICY

The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors. The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.

1 EXPENSES

1.1 Official Engagement and Functions within the City

Council will be responsible for the expenses of the Mayor and his or her partner/spouse/accompanying person to attend official engagements where the Mayor has been invested as a representative of the Council. This will also include the Deputy Mayor or any Councillor who are deputising for the Mayor or have been authorised by the Council. Where the Mayor is a patron of any organisation, the Council will donate up to $50 a year to that organisation.

1.2 Councillor Professional Development & Industry Participation

Councillors will be allocated an amount annually, subject to review by Council

in conjunction with the Annual Management Plan, to specifically provide for the professional development of Councillors and/or participation in any of the following:

• Conference (including the Annual LGA Conference) and seminars



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• Councillor professional development and training programs • Elected member courses • Local Government and Shires Association Industry Working Groups

The amount allowable is as follows: Mayor $7000 Councillor $4000

It will be necessary for the Council to authorise the participation of Councillors

at Conferences by way of a resolution of an Ordinary Meeting of the Council. Attendance by Councillors at Training Sessions or Seminars will be authorised by the General Manager. All expenses in connection with these Conferences and Seminars will be met from their Professional Development Allocation. The costs will include registration, travel, meals and accommodation, any extra costs such as tours will be met by the Councillor.

Amounts remaining unexpended as at 30 June each year will expire and any unexpended amounts will not be carried over or available for expenditure in successive years.

After returning from a conference, Councillors or a member of staff

accompanying the Councillors will provide a written report to Council on the aspects of the conference relevant to Council business and/or the community. No written report is required for the Annual Conference of the Local Government & Shires Association.

1.3 Section 355 Committees

Councillors elected or appointed to Section 355 committees and who wish to attend the Annual Conference associated with the function exercised by the Committee may do so from the resources allocated under Clause 1.2.

Subject to authorisation by Council, Council will be responsible for the

payment of expenses of persons, excluding Councillors, who are members of Committees established under Section 355 of the Local Government Act 1993 attending the annual Conference associated with the function exercised by the Committee, subject to the provision of an annual budget allocation for this purpose and in accordance with the Committee’s adopted Constitution.

2 FACILITIES

2.1 Stationery

Council will provide, upon request, the following stationery to Councillors to be used only on Council business:

• Writing pads • Envelopes • Box of Manilla Folders • Writing pens • Diary • Educational and promotional material and gifts



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2.2 Postage Council will provide Councillors with postage facilities where the

communication being posted is in discharge of the Councillor’s functions of civic office.

2.3 Training

Council will conduct training programs for Councillors as is appropriate for the

effective discharge of functions of civic office. Such training programs will be conducted by Council’s own staff and external service providers will be engaged when and where required.

2.4 Resource Centre and Office Accommodation

The Councillor’s Room will be available to Councillors as a Resource Centre

and to meet with residents and use telephone facilities where multiple calls may be necessary in the discharge of Councillors’ functions of civic office. The following resources will be provided in the Councillor's Room to enable Councillors to undertake individual research:

• Local Government Act 1993 and related legislation. • Environmental Planning and Assessment Act 1979. • Maitland City Council Code of Conduct. • Code of Meeting Practice • Council Policy on communication between Councillors and Staff

Access to the Resource Centre will be available during normal office hours

and special arrangements will be made for access outside normal office hours.

2.5 Access and Use of Facilities/Equipment

(i) A liquor cabinet located in or near the Councillor’s room maintained and stocked by Council for use in connection with Council meetings, official ceremonies or entertaining guests of the City;

(ii) Three (3) car parking spaces in the Council carpark at the rear of the Administration Centre;

(iii) Use of Council photocopiers, telephones or computers in the course of the Councillor undertaking official business.

In addition to those facilities/equipment listed above, the Mayor will be provided with the following: 1. An office suitably furnished; 2. A car parking space underneath the Administration Building 285-287

High Street, Maitland; 3. Mayoral robes and chains;

4. A corporate credit card to meet expenses connected with the exercising of the role of Mayor in accordance with the Local government Act.



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2.6 Use of Other Community Facilities

(i) If a Councillor were to use a meeting room other than a Council facility to meet with local ward residents, the Councillors would book the facility and then seek reimbursement back from Council.

(ii) Use of the facilities would have to be on an availability basis and not be used for Committee meetings, political meetings or any other purposes.

(iii) Councillors be allowed reimbursement for accessing Council facilities to enable the Councillor to meet with local ward residents up to a maximum of $200 per financial year.

3 PROVISION OF EQUIPMENT

Each Councillor will be provided with the following:

(i) Business cards subject to a maximum of 500 pa. Business cards of the Deputy Mayor will be appropriately titled;

(ii) Councillor letterhead subject to a maximum of 500 pa and 1 box of compact

discs pa; (iii) A name badge; (iv) A laptop computer for the purposes of communication with Council and

Council-related business. (v) A telephone/facsimile transmission device (FAX) with installation (at the

principal place of residence), rental, call and stationery costs (maximum of four (4) reams of copy paper and four (4) fax cartridges per annum) to be met by Council. In relation to rental, call and other costs charged by the telecommunication provider, the following will be met by Council: Mayor Up to $100 per month Deputy Mayor Up to $90 per month Councillor Up to $80 per month A mobile telephone to be provided for each Councillor to a standard equivalent to that of the Group Managers which includes a car kit or personal hands free equipment and the allowance, including call and other costs, be capped at $100 per month. Where a Councillor opts to utilise his/her own personal mobile telephone for Council business, Council will meet such costs up to $120 per month. Where a Councillor provides their own telephone fax line for the Council fax machine, Council will reimburse the rental of that line equivalent to the amount charged to Council for the fax line to other Councillors homes. This rental must be claimed by the Councillor within the specific period of three months.

(vi) A contribution of $80.00 per month per Councillor for the provision of Internet Access at their home address. Also Council pay for any modem or other communication facility to allow the transmission of the internet to the Councillors’ home, in accordance with Council’s Internet Protocol.



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In addition to the equipment listed above the Mayor will be provided with the following: (i) A prestige motor vehicle for his/her civic duties and personal use. In the

absence of the vehicle, and while in the course of his/her civic duties, the Mayor is to be entitled to a travelling allowance equal to the Local Government Award. Other than in the case of an emergency the vehicle may only be driven by the Mayor, an authorised officer of the Council, or the Mayor’s partner or spouse;

(ii) A mobile phone with rental and call charges to be met by Council;

(iii) Business cards subject to a maximum of 750 per annum.

Provided always that the equipment mentioned above remains the property of

Council and is to be returned to Council upon a Councillor or the Mayor ceasing to hold office.

Where the Deputy Mayor or another Councillor officially represents the Mayor or Civic Duties, the attendance costs of such representation shall be met by Council. The option will be available to Councillors, that at the cessation of their duties, the Councillor may purchase any equipment previously allotted to them at an agreed fair market price or written down value.

4. ADMINISTRATIVE SUPPORT

The Mayor will be provided with a suitably qualified and experienced full-time Executive Assistant. Councillors will be provided with word processing support in relation to official correspondence through the Executive Assistants to the General Manager and Mayor.

5. INSURANCE Council will provide for the insurance of a Councillor against personal injury, whether

fatal or not, arising out of, or in the course of carrying out duties as a Councillor, or from the attendance by a Councillor at functions in, his/her capacity as a member of Council.

Council will meet the cost of loss or damage (subject to the provisions below) to a motor vehicle belonging to a Councillor whilst such motor vehicle is being used by the Councillor attending meetings of the Council or a Committee of the Council. Also, where a Councillor is in attendance at any function or conference where Council has authorised the attendance of the Councillor by resolution, the provisions of this policy will apply; Provided that: (i) Councillors are responsible for comprehensive insurance of their motor

vehicle to a value commensurate with the ‘market value’ or ‘agreed insurance value’ of the motor vehicle. Council will pay a Councillor compensation for any amount not paid by the motor vehicle insurer for loss or damage up to the ‘market value’ or ‘agreed insurance value’ of the motor vehicle. Generally this will be the amount of any unrecoverable insurance policy excess.



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(ii) The motor vehicle covered by this policy must have been under the control of the Councillor at the time of the loss or damage.

(iii) Details of the loss or damage and the circumstances that gave rise to the loss or damage must be reported to the General Manager as soon as possible.

Council will pay the cost of a hire vehicle, of similar type and size, to replace a Councillor’s motor vehicle, (that has suffered loss or damage while engaged on official business as described above), while such motor vehicle is unusable due to the loss or damage, until the Councillor takes delivery of his/her repaired or replacement motor vehicle; Provided that::

(i) Council will meet the cost of the hire motor vehicle for a maximum period of three weeks. Any request for an extension to this period of time will be considered and determined for approval or disapproval by the General Manager.

6. SUSTENANCE/MEALS

Councillors are entitled to a meal and sustenance on Council Meeting evenings or at any official ceremony authorised by Council or the Mayor.

7. LEGAL In the event of:

(a) any inquiry, investigation or hearing by any of:

(i) the Independent Commission Against Corruption; (ii) the Office of the Ombudsman; (iii) the Department of Local Government and co-operatives; (iv) the Police Prosecutions; (v) the Local Government Pecuniary Interest Tribunal; (vi) Administrative Decisions Tribunal

into the conduct of a Councillor; or

(b) legal proceedings being taken against a Councillor, arising out of or in

connection with the Councillor’s performance of his or her civic duties or exercise of his or her functions as a Councillor,

Council will reimburse such Councillor, after the conclusion of the inquiry, investigation, hearing or proceeding, for all legal expenses properly and reasonably incurred, given the nature of the inquiry, investigation, hearing or proceeding, on a solicitor/client basis, provided that:

(i) the amount of such reimbursement is to be reduced by the amount of

any moneys that may be or are recouped by the Councillor on any basis;

(ii) in the opinion of the Council the inquiry, investigation, hearing or

proceeding results in a finding substantially favourable to the Councillor; and

(iii) the Council authorising the reimbursement by resolution.



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8. CORPORATE WARDROBE

Councillors will be paid the following amount to assist in the purchase of approved Council corporate wardrobe: Up to 50% of the cost of the wardrobe purchased capped at:

Mayor - $495 per annum (includes GST) Councillors - $385 per annum (includes GST)

The balance of cost of selected corporate wardrobe shall be met by each Councillor. All councillors will be supplied with two Maitland City Council neck ties or scarves.

9. EXPENSE ALLOWANCES

Councillors will be paid travelling and childcare for expenses incurred in the relation to:

(a) attendance at meetings of the Council; (b) attendance at other meetings duly authorised by the Council; (c) inspections within or outside the area in compliance with a Council resolution.

Travelling

The allowance paid is to be calculated as follows: (i) Where the mode of transport is by Council motor vehicle all fuel and other

running expenses incurred by the Councillor. (ii) Where the mode of transport is by the Councillor’s own vehicle, a per

kilometre allowance in accordance with the Local Government (State) Award. (iii) Where the mode of transport is by air, an economy class airfare both intra

and inter-state. For any international travel the airfare will be business class. (iv) Where the mode of transport is by rail, a first-class fare both intra and inter-

state. A driver is personally responsible for all traffic and parking fines incurred whilst travelling in private or Council vehicles on Council business.

Childcare and Carer Reimbursement

A Councillor is to be entitled to the reimbursement of childcare or carer expenses in an amount of $25.00 per hour subject to: (i) maximum entitlement of $1,500 per annum; (ii) documentary evidence of the expense being submitted to the General

Manager. Note: A carer entitlement would be for the care of elderly, disabled and/or sick

immediate family members of the Councillor. The reimbursement would be for the payment of a carer whilst a Councillor undertakes their Council obligations.



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Overseas and Interstate Travel Where Councillors travel interstate or overseas, Councillors are to ensure compliance with Council’s adopted policy for Interstate and Overseas travel. Frequent Flyer Points Frequent flyer points that accrue to a councillor as a result of undertaking Council business at ratepayers expense, are to be accrued to the benefit of Council and can only be redeemed to secure tickets for further official travel on behalf of Council.

Note 1: Any claim by a Councillor for reimbursement of any expense (eg travelling, phone, childcare etc) must be claimed within 3 months of the expense being incurred.

For example: If a Councillor has travelling expenses in August 2008, the Councillor can only submit a claim for reimbursement by 30 November 2008. A claim submitted after this date, being three months, will be ineligible for payment.

Councillors will be provided with claim forms for each month and it is the responsibility of the Councillors to submit the claim form by the relevant date to either the Group Manager Finance & Administration or the Executive Assistant to the Mayor or the Executive Assistant to the General Manager. Note 2: Reasonable out of pocket or incidental expenses associated with attending conferences, seminars or training courses that Councillors incur may be reimbursed upon the presentation of official receipts and the completion of the necessary claim forms. Incidental expenses would include but not be limited to telephone and facsimile calls, refreshments, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees. There would be a limit of $50 per day per Councillor for these expenses to be claimed from Council on the necessary form. In addition the cost of meals not included in the registration fees for conferences, seminars or similar functions will be reimbursed after being claimed from Council on the necessary form. All claims for reimbursement must have a Tax Invoice attached. In cases of claims for travel by public transport a written claim by the Councillor would be sufficient when a ticket has been issued but surrendered at the destination.


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12.5 NOMINATION FOR MAITLAND MEDAL AND MAITLAND SERVICE AWARD



Administration

EXECUTIVE SUMMARY Nominations for City of Maitland Medal and City of Maitland Service Award were advertised in the Maitland Mercury from 20 October 2008 to 3 November 2008. Nominations were received up to 7 November 2008. At 7 November 2008 there were only two nominations received at Council. Council staff then sent letters to all of the groups within the city asking for nominations for the above awards. Council received two nominations for the Maitland Medal and seven nominations for the Maitland Service Award. The report sets out the nominees for each category. Given that this report is in ordinary council, a recommendation from the Community Awards Panel will be presented at the Council meeting. OFFICER’S RECOMMENDATION THAT Council determine the successful nominees of the above awards.

Proceedings in Brief

Clr Garnham moved a motion that:

• Shane Nulty, Robert Bullen, Janet Goodwin and The Maitland Hospital Pink Ladies/Men Volunteers receive the City of Maitland Service Award.

• A review of procedures for selecting recipients of Cidy of Maitland Medal and City of Maitland Service Award should be undertaken.

(Clr Garnham/Clr Mudd)

Clr Procter moved an amendment that:

• All City of Maitland Service Nominees that were submitted be given a certificate,


(Clr Procter/ Clr Fairweather)

The amendment when put the meeting was declared lost.

The motion when put to the meeting was declared carried.


NOMINATION FOR MAITLAND MEDAL AND MAITLAND SERVICE AWARD (Cont.)

Page 58


• Shane Nulty, Robert Bullen, Janet Goodwin and The Maitland Hospital Pink Ladies/Men Volunteers receive the City of Maitland Service Award.


Moved Clr Garnham, Seconded Clr Mudd

CARRIED


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12.6 THE LOCAL GOVERNMENT CONSTITUTIONAL SUMMIT

File No: 35/5/12 & 35/7 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and


Administration

EXECUTIVE SUMMARY The Local Government Constitutional Summit will be held in Melbourne from 8 December to 11 December 2008. The advancement of the issue of Constitutional Recognition of Local Government was highlighted by the Prime Minister’s announcement that it would be on the agenda for the first meeting of the newly established Australian Council of Local Government. The Australian Local Government Association is convening the Local Government Constitutional Summit – a special National General Assembly to bring local government together to discuss and debate formal recognition and local government’s place in the Constitution. The summit will come to reach an agreement on a preferred option for a Constitutional Amendment. OFFICER’S RECOMMENDATION THAT 1. Interested Councillors be nominated for this conference. 2. Any costs incurred with this conference be funded from the individual

Councillor’s Professional Development allocation. COUNCIL RESOLUTION THAT no Councillors will be attending this Conference. Moved Clr Garnham, Seconded Clr Procter

CARRIED


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13 CITY WORKS AND SERVICES REPORTS

Nil


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14 ITEMS FOR INFORMATION

14.1 MAITLAND CITY LIBRARY WINS LEGAL INFORMATION ACCESS CENTRE AWARD




EXECUTIVE SUMMARY Maitland City Library has received the 2008 Centre of Excellence Award from the State Library of New South Wales’ Legal Information Access Centre. The award was given in recognition of the Library’s innovative Law Week programme. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.2 MAITLAND RECOGNISED AT THE 2008 TIDY TOWNS AWARDS


Regulation David Simm - Manager Development and Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer

Author: Michael Tinlin - Environmental Health Officer

EXECUTIVE SUMMARY The 2008 Tidy Towns Awards weekend was held in Dorrigo over the weekend of October 31 – November 2 2008. Maitland was recognised with awards in the Waste Management and Litter Reduction, Schools Environment and Wildlife Corridors and Habitats Conservation categories. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.3 KEY PERFORMANCE INDICATORS - OCTOBER 2008


Administration Author: Melissa Allen - Executive Assistant Marketing and

Business Services

EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.4 INTERNAL RESERVE BALANCES AS AT 30 SEPTEMBER 2008


Administration Author: Phil Freeman - Manager Accounting Services

EXECUTIVE SUMMARY This report contains the balances of Council’s internal reserves based upon budgeted income and expenditure contained in Council’s 2008/09 Management Plan, including reserve funded works carried over from 2007/08. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.5 2008/09 COUNTRY PASSENGER TRANSPORT INFRASTRUCTURE GRANTS SCHEME PROJECTS

File No: 143/6 Attachment/s: 1. Copy of Plinth Responsible Officer: Chris James - Group Manager Assets and

Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration

Author: Scott Henderson - Infrastructure Planning Engineer

EXECUTIVE SUMMARY Council has been successful in receiving grant funding of $131,820 for a bus stop facilities project in the 2008/09 Country Passenger Transport Infrastructure Grants Scheme. The bus stop facilities being funded by this grant forms part of the Bus Stop Access Project that Council is implementing through the Capital Works Program. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.6 MONTHLY FINANCIAL REPORT - OCTOBER 2008

File No: 35/53 Attachment/s: 1. Income Statement

2. Balance Sheet Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Phil Freeman - Manager Accounting Services

EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community. 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 Humphery, Seconded Clr Garnham

CARRIED


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14.7 CORRESPONDENCE ANALYSIS


Administration Jon Dundas - Manager Administration and IT

Author: Meg Vile - Acting Corporate Documents Coordinator

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

CARRIED


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14.8 DEPARTMENT OF CONSERVATION AND CLIMATE CHANGE WASTE LEVY INCREASE

File No: 103/2 Attachment/s: 1. Letter of Advice Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Author: David Simm - Manager Development and Environment

EXECUTIVE SUMMARY This report is presented to advise Council that the Minister for Climate Change and Environment has announced that as part of the State mini budget of the 11th November, that the Waste Levy currently applying to our Landfill operations will increase as at the 1st July 2009. This increase will be at a rate of $10.00 per tonne per year for the next seven years and replaces the currently scheduled increases of up to $7.00 per tonne per year till 2012/13. The Minister has also advised that the Government remains committed to its partnership sharing with Local Government and will be seeking to upgrade the current agreement with the Local Government and Shires Association to ensure that 50% of the increases attributable to householders waste are returned to 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 Fairweather, Seconded Clr Geoghegan

CARRIED


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15 NOTICES OF MOTION

Nil

16 QUESTIONS WITHOUT NOTICE

16.1 WOMEN IN LOCAL GOVERNMENT CONFERENCE - FILE NO 35/8 Clr Steve Procter enquired if Maitland could host Women in Local

Government Conference in 2010.

The General Manager would investigate this matter. 17 URGENT BUSINESS

Nil


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18 COMMITTEE OF THE WHOLE

18.1 CONSIDERATION OF TENDERS - 2008/09 PLANT REPLACEMENT PROGRAM

File No: 137/1153, 137/1154, 137/1157 and 137/1159 Attachment/s: Nil Responsible Officer: Wayne Cone - Group Manager City Works and

Services Richard Minter - Manager Projects and City Services

Author: Ashley Kavanagh - Projects & Waste Services Coordinator

EXECUTIVE SUMMARY Tenders have been called for the replacement of Council plant in accordance with the adopted plant replacement program for 2008/09. 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.

Moved Clr Humphery, Seconded Clr Meskauskas

CARRIED COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT 1. Council accept the tender of CJD Equipment for a Volvo G930 road grader

with trade in on P4222 Caterpillar 120H road grader for a total changeover cost of $162,000.00 (Excl. GST).

2. Council accept the tender of Bradstreet Fleet for the supply of a Holden Colorado DX along with their trade-in offer for P5341 for a total changeover cost of $9,659.31 (Excl. GST).

3. Council accept the tender of Highway Ford for the supply of a Ford Ranger XL Single cab with a Dutch body along with their trade-in offer for P5205 for a total changeover cost of $8,868.19 (Excl. GST).

4. Council accept the tender of Nepean Motor Group for the supply of a Ford Ranger along with their trade-in offer for P5207 for a total changeover cost of $19,823.92 (Excl. GST).

5. Council accept the tender of Bradstreet Fleet for the supply of a Holden


CONSIDERATION OF TENDERS - 2008/09 PLANT REPLACEMENT PROGRAM (Cont.)

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Colorado along with their trade-in offer for P5342 for a total changeover cost of $14,539.00 (Excl. GST).

6. Council accept the tender of Bradstreet Fleet for the supply of a Holden Colorado along with their trade-in offer for P5262 for a total changeover cost of $15,732.48 (Excl. GST).

7. Council accept the tender of Pneumatic Equipment for the supply of a Compare compressor with rotary screw tank along with their offer for removal of the existing compressor P848 and installation/fitting of new compressor for a total changeover cost of $13,700 (Excl. GST).

8. Council accept the tender of Quik Corp for the supply of a Quick Spray QSM3-400 for a purchase only cost of $6,548.00 (Excl. GST) with P5044 to be sold at auction.

9. Council accept the tender of Kentan Machinery for the supply of a Howard Stealth folding wing mower for a purchase only cost of $19,045.00 (Excl. GST) with P4707 to be sold at auction.

10. (a) Council declines to accept any of the tenders for Tender 137/1153 Replacement of Dual Cab Chassis with Flocon body.

(b) Council Enter into negotiations with Flocon Engineering Pty. Ltd., with a view to entering into a contract for the refurbishment of the existing body and change over onto a new truck chassis.

(c) Fresh tenders not be invited, and Council only negotiate with Flocon Engineering Pty Ltd., as this company is the only one able to undertake a refurbishment of the existing Flocon body.

(d) Plant No 4829 (Cab Chassis) be sold at auction. Moved Clr Mudd, Seconded Clr Casey

CARRIED


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19 CLOSURE

The meeting was declared closed at 8.20 PM ................................ ................................ General Manager Chairperson