MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES 9 … docume… · council meeting minutes 09 december, 2003 page (ii) 10.2 finance and administration..... 20 10.2.1 statement of investments

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

9 DECEMBER 2003

COUNCIL MEETING MINUTES 09 DECEMBER, 2003

Page (i)

TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 4

2 APOLOGIES ............................................................................................... 4

3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 4

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

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

6 MAYORAL MINUTE.................................................................................... 5

7 PUBLIC ACCESS ....................................................................................... 5

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 5

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

9.1 KEY PERFORMANCE INDICATORS - NOVEMBER 2003 ......... 9

9.2 CORRESPONDENCE ANALYSIS............................................. 10

9.3 COUNCILLOR MOTIONS.......................................................... 11

9.4 FLOOD MANAGEMENT - DETAILS ON COUNCIL'S WEBSITE ................................................................................... 12

9.5 MAITLAND SCHOOLS ENVIRONMENT PROGRAM 2003 - 'SHOWCASE YEAR'.................................................................. 13

9.6 OUTCOME OF A.C.T. REGIONAL REVIEW REFERRED TO BOUNDARIES COMMISSION................................................... 14

9.7 STATUS REPORT ON CAPITAL WORKS PROJECTS............ 15

10 OFFICERS REPORTS .............................................................................. 16

10.1 GENERAL MANAGER............................................................... 16

10.1.1 REVIEW OF POLICIES.............................................................. 16

10.1.2 THE LAST MAITLAND INTER CITY PACE CARNIVAL............. 17

10.1.3 JOBSKILLS PROGRAM - RESTORATION OF STEAM LOCOMOTIVE............................................................................ 18

10.1.4 LOCAL GOVERNMENT AMENDMENT BILL 2003.................... 19


Page (ii)

10.2 FINANCE AND ADMINISTRATION........................................... 20

10.2.1 STATEMENT OF INVESTMENTS HELD AS AT 30 NOVEMBER 2003 ...................................................................... 20

10.2.2 SPECIAL RATE APPLICATION - RUTHERFORD INDUSTRIAL ESTATE ............................................................... 21

10.2.3 EXTENSION OF LEASE FOR MAITLAND DISTRICT MOTORCYCLE CLUB INCORPORATED.................................. 23

10.3 SERVICE PLANNING AND REGULATION............................... 24

10.3.1 RSPCA PROPOSAL TO OPERATE COUNCIL IMPOUNDING SERVICES ................................................................................. 24

10.3.2 WOLLOMBI ROAD, FARLEY. ON-SITE WASTEWATER STUDY ....................................................................................... 26

10.3.3 THORNTON NORTH MASTER PLAN ....................................... 27

10.3.4 MORPETH COMMON COTTAGE.............................................. 28

10.3.5 ANNUAL REPORT FOR MT VINCENT WASTE DEPOT ENVIRONMENTAL PROTECTION LICENCE............................ 29

10.3.6 HUNTER REGION WASTE PROJECT, PROPOSED MEMBERS AGREEMENT: HUNTER INTEGRATED RESOURCES............................................................................. 30

10.3.7 MT VINCENT LANDFILL RECYCLING AND REUSE CENTRE. 31

10.3.8 ANAMBAH LANDFILL REHABILITATION.................................. 32

10.3.9 WINDERS LANE, LOCHINVAR ................................................. 33

10.3.10 MANAGEMENT OF AGGRESSIVE NATIVE BIRDS.................. 34

10.3.11 RE-ESTABLISHMENT OF ALCOHOL FREE ZONES IN MAITLAND CENTRAL BUSINESS DISTRICT AND RUTHERFORD MALL ................................................................ 35

10.3.12 THE RTA BIG RIDE 2004........................................................... 37

10.4 CITY WORKS AND SERVICES................................................. 38

10.4.1 RURAL FIRE DISTRICT SERVICE AGREEMENT (RFDSA) ..... 38

11 REFERRED COMMITTEE REPORTS ...................................................... 39

12 NOTICE OF MOTION/RESCISSION......................................................... 40


Page (iii)

12.1 LOWER HUNTER PUBLIC TRANSPORT NOTICE OF MOTION SUBMITTED BY COUNCILLOR BOB GEOGHEGAN............................................................................ 40

13 QUESTIONS WITHOUT NOTICE ............................................................. 41

14 URGENT BUSINESS ................................................................................ 41

14.1 CLOSURE OF NEWCASTLE RAIL LINE.................................. 41

15 COMMITTEE OF THE WHOLE................................................................. 42

15.1 TENDER FOR CBD CLEANING AND MAINTENANCE............ 42

15.2 REIMBURSEMENT OF LEGAL FEES ...................................... 43

15.3 COUNCIL LAND - MAITLAND .................................................. 44

15.4 CULTURAL PRECINCT RESOURCING & OPERATIONS ....... 45

15.5 CONSIDERATION OF TENDERS EAST MAITLAND GASWORKS REMEDIATION STAGE 1.................................... 46

16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 47

16.1 TENDER FOR CBD CLEANING AND MAINTENANCE............ 47

16.2 REIMBURSEMENT OF LEGAL FEES ...................................... 48

16.3 COUNCIL LAND - MAITLAND .................................................. 49

16.4 CULTURAL PRECINCT RESOURCING & OPERATIONS ....... 50

16.5 CONSIDERATION OF TENDERS EAST MAITLAND GASWORKS REMEDIATION STAGE 1.................................... 51

17 CLOSURE................................................................................................. 52


PRESENT Clr Peter Blackmore Clr Brian Burke Clr Graham Dark Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Tony Keating Clr Ted Leverence Clr Steve Procter Clr Jennifer Rolls Clr Peter Way Clr Victoria Woods

1 INVOCATION

The General Manager read the customary prayer at the commencement of the meeting.

2 APOLOGIES

COUNCIL RESOLUTION THAT the apology received for the unavoidable absence of Clr Fairweather be accepted.

Moved Clr Way, seconded Clr Dark

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

Nil

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION The minutes of the Ordinary Meeting of Council held 25 November 2003 be confirmed.

Moved Clr Way, seconded Clr Burke

CARRIED

Page 4

COUNCIL MEETING AGENDA 09 DECEMBER, 2003

5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

Mr Alan Todd – spoke against Item 10.3.3 – Thornton North Masterplan. COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to Mr Alan Todd. Moved Clr Leverence, seconded Clr Geoghegan

CARRIED Mr Trevor Simmons – spoke against Item 10.3.3 – Thornton North Masterplan COUNCIL RESOLUTION THAT an extension of one (1) minute be granted to Mr Trevor Simmons. Moved Clr Humphery, seconded Clr Rolls

CARRIED Mr Greg Thompson – representing CSR/PGH – spoke in support of Item 10.3.3 – Thornton North Masterplan.

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Nil

SUSPENSION OF STANDING ORDERS

COUNCIL RESOLUTION THAT Standing Orders be suspended to deal with Item 10.3.3 - Thornton North Masterplan.

Moved Clr Keating, seconded Clr Humphery

CARRIED

Page 5


10.3.3 THORNTON NORTH MASTER PLAN File No: 103/106

Attachments (4) Revised Master Plan Map Response to Submission from Parsons Brinckerhoff Properties Referred To In Site Specific Submissions Revised Settlement Strategy Map-Thornton North

Responsible Officer: Brad Everett Group Manager Service Planing & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY Council commissioned consultants Parsons Brinckerhoff in 2003, to produce a coordinated plan for future land use in the Thornton North area. The draft Master Plan was prepared with input from a range of professionals at PB, in cooperation with Council staff. It has included extensive input from the community at Thornton and has been prepared under the guidance of a Council Coordinating Group. The draft Master Plan was exhibited for a period of four weeks in 12 August 2003 and resulted in 45 submissions from the general public and government authorities. The purpose of this report is to present the submissions to Council and detail changes which are proposed to the draft Master Plan. Parsons Brinckerhoff have documented proposed changes to the draft Master Plan in the copies of the draft Master Plan distributed to Councillors and displayed with this agenda. A black and white copy of the amended Master Plan map is included as Attachment No. 1 with this report. It is recommended that the Master Plan be adopted as a policy of Council and that these changes be formally incorporated into the document. It is also recommended that Council facilitate investigations in accordance with the Master Plan concurrently with the preparation of a developer contributions plan for the Thornton North area. These areas coincide with the Category 1 investigation areas in Council’s Settlement Strategy. Consultation is proposed with relevant state government agencies and representatives to seek their on-going support for the implementation of the Master

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THORNTON NORTH MASTER PLAN (Cont.)

Plan and it is recommended that Council seek formal endorsement for the Master Plan from the Department of Infrastructure Planning and Natural Resources.

OFFICER'S RECOMMENDATION THAT:

1. That the Thornton North Master Plan as amended, be adopted

2. Council seek formal endorsement of the Master Plan from the Department of Infrastructure Planning and Natural Resources.

3. Council advise the RTA that issues relating to the standard of state road infrastructure and the level of contributions deemed appropriate by the development within the Master Plan area will be determined as a component of a Developer Contributions Plan for the Thornton North area.

4. The Maitland Urban Settlement Strategy continue to show land to the north and west of Timberlane Estate and land to the north of Somerset Park (east of Government Rd) as Category 1 investigation areas.

5. To facilitate commencement of development in the locality, Council accept rezoning applications in the Category 1 areas, noting that such rezoning applications will be finalised concurrently with the adoption of a Developer Contributions Plan for the Thornton North study area.

6. Council consider the inclusion of properties to the west of Government Rd as Category 1 investigation areas at the time of the 2005 biennial review of the Maitland Settlement Strategy, if there has been no resolution of the future of clay extraction on Lot 20 DP 10419, Raymond Terrace Rd. If the future of clay extraction on Lot 20 is resolved in the interim, the status of the properties will be the subject of a separate report to Council.

7. Those persons and authorities who made submissions be formally acknowledged for their contribution and advised of the Council’s decision.

COUNCIL RESOLUTION THAT:

1. That the Thornton North Master Plan as amended, be adopted

2. Council seek formal endorsement of the Master Plan from the Department of Infrastructure Planning and Natural Resources.

3. Council advise the RTA that issues relating to the standard of state road infrastructure and the level of contributions deemed appropriate by the development within the Master Plan area will be determined as a component of a Developer Contributions Plan for the Thornton North area.

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THORNTON NORTH MASTER PLAN (Cont.)

4. The Maitland Urban Settlement Strategy continue to show land to the north and west of Timberlane Estate and land to the north of Somerset Park (east of Government Rd) as Category 1 investigation areas.

5. To facilitate commencement of development in the locality, Council accept rezoning applications in the Category 1 areas, noting that such rezoning applications will be finalised concurrently with the adoption of a Developer Contributions Plan for the Thornton North study area.

6. A further report be submitted to Council by March 2004 which provides a review of the status of properties to the west of Government Road as potential Category 1 investigation areas on the basis that there has been resolution of the future of clay extraction on Lot 20 DP 10419, Raymond Terrace Road. If the future of clay extraction on Lot 20 is resolved In the interim, the status of the properties will be the subject of a separate report to Council.

7. Those persons and authorities who made submissions be formally acknowledged for their contribution and advised of the Council’s decision.

8. The large lot buffer on the northern and western boundaries of Timberlane be amended to increase the size of lots immediately adjoining Timberlane to a minimum of 1500 m2. The remainder of the buffer is to be set aside for medium lots and all lots are to be subject to appropriate design controls in a DCP, in consultation with the community, to limit the visual impact of new development.

Moved Clr Keating, seconded Clr Procter

CARRIED

RESUMPTION OF STANDING ORDERS

COUNCIL RESOLUTION THAT Council resume Standing Orders to deal with the remainder of the Agenda.

Moved Clr Way, seconded Clr Garnham

CARRIED

Page 8


9 ITEMS FOR INFORMATION

9.1 KEY PERFORMANCE INDICATORS - NOVEMBER 2003

File No: 35/37

Responsible Officer: Brad Everett Group Manager - Service Planning & Regulation

Author: Stephen Burgess Business Support Officer

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

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

Moved Clr Procter , seconded Clr Dark

CARRIED

Page 9


9.2 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Records Officer

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



CARRIED

Page 10


Page 11

9.3 COUNCILLOR MOTIONS

File No: 35/61

Attachment Councillor Motions Report

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council officers. It is proposed that this report will be presented to the Ordinary Meeting of Council each month for information.


Moved Clr Garnham, seconded Clr Dark

CARRIED


Page 12

9.4 FLOOD MANAGEMENT - DETAILS ON COUNCIL'S WEBSITE

File No: 57/4

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Chris McGrath Assets Engineer

EXECUTIVE SUMMARY This report updates the progress of Council resolution 12.1 from the Council meeting 26 August 2003. The Council resolved: a) That Council include on its web site details of the flood study, Displan and

operational model of the Maitland Flood Mitigation Scheme. b) That interested organisations eg – the Hunter Catchment Management Trust

the SES and the Flood Mitigation Authority of NSW be invited to contribute material to the site.

c) That a legal opinion is sought as to whether such a Council web site addresses Council’s duty of care with respect to flooding.

d) That contributions to site be asked to share in the establishment and legal cost.

Council is currently preparing a revision of its current web site. The Flood Study, and Displan will be made available under the revision of the website. Links to other interested organisation websites will also be provided. The model of the Maitland Flood Mitigation Scheme exhibition on the website is a lot more involved and may take on several formats. The DIPNR video can be used for this purpose. Specifications of a map based website have been given to IT for consideration. The Floodplain Management Authority of NSW is sourcing legal opinion with respect to duty of care and has set up a working group. Web based exhibition of flood information will be a consideration for this working group.



CARRIED


Page 13

9.5 MAITLAND SCHOOLS ENVIRONMENT PROGRAM 2003 - 'SHOWCASE YEAR'

File No: 55/5

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY This report provides information on the 2003 Maitland Schools Environment Program. This year’s program was the inaugural ‘Showcase Year’ as outlined in the comprehensive review at the end of the 2001 program. The current format consists of alternating ‘Outreach’ and ‘Showcase’ years to provide schools with a wide range of opportunities to further environmental education initiatives in the school.



CARRIED


Page 14

9.6 OUTCOME OF A.C.T. REGIONAL REVIEW REFERRED TO BOUNDARIES COMMISSION

File No: 35/65


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The Minister for Local Government has announced the outcomes of his Regional Review for Council's adjoining the A.C.T.. The Minister has referred two proposals to the Boundaries Commission for two regional Councils to replace eight existing Councils in the Queenbeyan and Goulburn areas.



CARRIED


Page 15

9.7 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups. A report on the status of major construction works and projects within the 2003/2004 Capital Works Program and the final projects in the 2002/2003 program are submitted for Council's information.


Moved Clr Burke, seconded Clr Way

CARRIED


Page 16

10 OFFICERS REPORTS

10.1 GENERAL MANAGER

10.1.1 REVIEW OF POLICIES

File No: 103/1

Responsible Officer: Tony Houlcroft Executive Manager Human Resources

Author: Tony Houlcroft Executive Manager Human Resources

EXECUTIVE SUMMARY The existing guidelines in relation to the lodgement of Building Applications for Councillors and staff have been reviewed to ensure that the guidelines are consistent with current terminology and standards.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The existing policy contained in Attachment No.1 be rescinded.

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

Moved Clr Humphery, seconded Clr Burke

CARRIED


10.1.2 THE LAST MAITLAND INTER CITY PACE CARNIVAL

File No: P11286


Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of proposed sponsorship by Maitland City Council of the last Maitland Inter City Pace Carnival.


1. The proposed sponsorship of the “Maitland City Council Inter City Pace Carnival” be endorsed

2. Funding for the sponsorship be derived from additional allocation via budget review to Council’s Marketing vote

Moved Clr Leverence, seconded Clr Procter

CARRIED

Page 17


10.1.3 JOBSKILLS PROGRAM - RESTORATION OF STEAM LOCOMOTIVE

File No: 141/23



EXECUTIVE SUMMARY The purpose of this report is to inform Council of the outcomes of an investigation into issues surrounding the JobSkills program assisted restoration of a steam locomotive.

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


CARRIED

Page 18


Page 19

10.1.4 LOCAL GOVERNMENT AMENDMENT BILL 2003

File No: 35/1


Author: David Evans General Manager

EXECUTIVE SUMMARY The Local Government Amendment (Structural Reform) Bill 2003 is currently before the State Parliament and was the subject of the Minister for Local Government's 2nd Reading speech on 20 November 2003. This report provides an overview of the Bill and action taken in response to the Bill.


1. Council note the content of the report in relation to the Local Government Amendment (Structural Reform) Bill 2003; and

2. Council endorse the action of the Mayor and the representations to the Member for Maitland, The Hon John Price MP.


CARRIED


Page 20

10.2 FINANCE AND ADMINISTRATION

10.2.1 STATEMENT OF INVESTMENTS HELD AS AT 30 NOVEMBER 2003

File No: 82/2


Author: Annette Peel Revenue Accountant

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

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

Moved Clr Rolls, seconded Clr Garnham

CARRIED


Page 21

10.2.2 SPECIAL RATE APPLICATION - RUTHERFORD INDUSTRIAL ESTATE

File No: 117/41/1

Attachments: (1) Site Map


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY At the Council Meeting of 28 October 2003, Council resolved to place on public exhibition a proposed Special Rate for Kyle Street and Gardiner Road, Rutherford. The attached map (Attachment 1) shows the area affected by the proposed rate. All landowners were invited to another meeting on 13 November 2003 to discuss the proposed Special Rate. The attendance at that meeting was 15 landowners and the facts concerning the proposed rate was presented to those at the meeting. It was emphasised at the meeting the need for all landowners to make a submission by 1 December 2003, the closing date for submissions to Council. At the meeting, it was also agreed by those present that the works were needed but there were different views on how the works would be paid for, whether all or part by Council and owners of properties within the subject area. There are a total of 53 properties affected by the proposed rate and at the close of submissions there have been 12 submissions, 4 (four) in favour and 8 (eight) opposing and a petition from the owners fronting the New England Highway who are serviced by a concrete access road opposing the proposed Special Rate. On balance, and having regard to the current position of the State Government in relation to Rate Pegging, it is recommended that council make application for the special rate in a modified form.

OFFICER'S RECOMMENDATION THAT Council make application to the Minister for Local Government for a Special Rate for 10 years for the Kyle Street and Gardiner Road, Rutherford area and for this Special Rate to form part of the Management Plan for 2004/05.


SPECIAL RATE APPLICATION - RUTHERFORD INDUSTRIAL ESTATE (Cont.)

Page 22

COUNCIL RESOLUTION THAT

1. Council make application to the Minister for Local Government for a Special Rate for 10 years for the Kyle Street and Gardiner Road, Rutherford area and for this Special Rate to form part of the Management Plan for 2004/05.

2. Council contribute 60% and landowners contribute 40% to the upgrading of the Kyle Street and Gardiner Road Rutherford roadworks.

Moved Clr Procter, seconded Clr Geoghegan

CARRIED


10.2.3 EXTENSION OF LEASE FOR MAITLAND DISTRICT MOTORCYCLE CLUB INCORPORATED

File No: P19011


Author: Jon Dundas Manager Administration & Information Technology

EXECUTIVE SUMMARY The Maitland District Motorcycle Club Incorporated has written to Council requesting an extension of their current lease of Council owned land off Kyle Street in the Rutherford Industrial Area. The lease is a five (5) year lease, which expires on 30 June 2004, but contains an option for a further five (5) years. There are a number of issues relating to this land, which need to be considered before adhering to such a request. These include community benefit, environmental and economic issues.


1. The extension of the lease to the Maitland District Motorcycle Club Incorporated not be extended beyond the current agreement.

2. Approval be granted for the Maitland District Motorcycle Club Incorporated to connect a permanent water supply to the leased property.

3. The Maitland District Motorcycle Club Incorporated be invited to discuss the outcomes of the Rutherford Industrial Study.


CARRIED

Page 23


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10.3 SERVICE PLANNING AND REGULATION

10.3.1 RSPCA PROPOSAL TO OPERATE COUNCIL IMPOUNDING SERVICES

File No: 25/1

Attachments: (1) RSPCA Proposal to Operate Maitland Council Animal Shelter

Responsible Officer: Stephen Punch Manager Approvals & Regulatory

Author: Scott McGufficke Senior Health & Building Surveyor

EXECUTIVE SUMMARY The Royal Society for the Prevention of Cruelty of Animals (RSPCA) is currently developing an extensive Animal Shelter at Racecourse Road, Rutherford. The shelter will include dog and cat, as well as livestock pens and facilities to accommodate a large number of abandoned and impounded animals. The shelter will be staffed 24 hours a day, 7 days per week and includes an animal hospital and veterinary services. NSW RSPCA currently operate three fully equipped veterinary hospitals, eight shelters and have 26 Inspectors across NSW to care for animals. They also currently provide pound and impounding services for and on behalf of five NSW Councils. To this end, the RSPCA have prepared a proposal to provide pound services for and on behalf of Maitland City Council at the new Rutherford RSPCA Animal Shelter. The purpose of this report is to outline the detail of this proposal and to provide recommendations as to Council’s preferred response. Council is asked to consider the standard of current pound services offered to the Maitland community and the significant improvements to both animal care and community service that this proposal entails. The RSPCA report, albeit somewhat optimistically, that they hope to open the shelter for business by February 2004. Council are providing a satisfactory level of care for impounded animals but the overall level of service to a community now approaching 60 000 people needs addressing in terms of opening hours to the public and upgrading of pound facilities. The establishment of the new RSPCA facility at Rutherford represents a significant opportunity for Council to hand over its pound function to an organisation that specialises in animal care and is able to provide a significantly enhanced service to the community. It is therefore recommended that Council enter into a formal agreement with the RSPCA.


RSPCA PROPOSAL TO OPERATE COUNCIL IMPOUNDING SERVICES (Cont.)

Page 25

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Council accept the terms and conditions of the RSPCA proposal to operate the Maitland City Council impounding services with the exception that no services be provided for cats.

2. That the additional funding of $43 000 for the enhanced service provision be incorporated in the 2004/2005 Management Plan and Budget.

3. That the Common Seal of the Council be affixed to the necessary legal documentation.

Moved Clr Humphery, seconded Clr Geoghegan

CARRIED


Page 26

10.3.2 WOLLOMBI ROAD, FARLEY. ON-SITE WASTEWATER STUDY

File No: 152/1

Attachments: (1) Report prepared by Whitehead & Associates, Environmental Consultants.

Responsible Officer: Stephen Punch Manager Approvals & Regulatory

Author: Scott McGufficke Senior Health & Building Surveyor

EXECUTIVE SUMMARY In response to numerous complaints relating to wastewater management from 12 unsewered properties on the southern side of Wollombi Road Farley, Council commissioned a study of the area by Whitehead & Associates, Environmental Consultants. The purpose of this report is to provide a summary of the results of this study and to outline recommendations as to possible remedial actions.


1. Council make suitable representations to the State Government and the Hunter Water Corporation relating to the provision of reticulated sewerage to this area.

2. Council issue appropriate Notices and Orders to effect site-specific improvements to on-site wastewater management within the study area.

Moved Clr Leverence, seconded Clr Garnham

CARRIED


10.3.3 THORNTON NORTH MASTER PLAN

File No: 103/106

Attachments (4) Revised Master Plan Map Response to Submission from Parsons Brinckerhoff Properties Referred To In Site Specific Submissions Revised Settlement Strategy Map-Thornton North

Responsible Officer: Brad Everett Group Manager Service Planing & Regulation

Author: Peter Cameron Manager City Strategy

REFER TO PAGE 5 FOR SUSPENSION OF STANDING ORDERS AND COUNCIL RESOLUTION.

Page 27


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10.3.4 MORPETH COMMON COTTAGE

File No: P14579

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report presents to Council an update on a resolution to write to the Department of Lands seeking their support for the demolition for the Morpeth Common Cottage.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. The report be received and noted.

2. A Heritage Assessment of Morpeth Common Cottage be undertaken, such to be funded as an addition to the Management Plan and Budget.

Moved Clr Dark, seconded Clr Leverence

CARRIED


Page 29

10.3.5 ANNUAL REPORT FOR MT VINCENT WASTE DEPOT ENVIRONMENTAL PROTECTION LICENCE

File No: P28976


Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY This report seeks approval to fix the Common Seal of Council to the Environment Protection Licence Annual return for the Mt Vincent Waste Facility. The annual return is a requirement of the licence that is held by Council to operate the waste disposal facility and must be submitted to the Environment Protection Authority (EPA) within sixty (60) days of 3 December 2003.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Authority be granted to affix the Common Seal of Council to the Environment Protection Licence Annual Return for the Period 4 December 2002 to 3 December 2003.


CARRIED


Page 30

10.3.6 HUNTER REGION WASTE PROJECT, PROPOSED MEMBERS AGREEMENT: HUNTER INTEGRATED RESOURCES

File No: 61/36/1

Attachments: (1) Draft Members Agreement


Author: David Simm Manager Environmental Programs

EXECUTIVE SUMMARY This report recommends that Council resolve to enter into a Members Agreement of the management company, Hunter Integrated Resources, which replaces the Contributions Agreement previously entered into by Council by resolution at its meeting of 27th March 2001. The replacement of the Contributions Agreement with the Members Agreement clarifies the obligations of Council under the proposed Hunter Integrated Resources Contract for a regional waste processing and marketing service and will assist in the negotiation of the service with the preferred tenderer, currently Thiess Services Pty Ltd.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council execute the Members Agreement under seal of Council.


CARRIED


Page 31

10.3.7 MT VINCENT LANDFILL RECYCLING AND REUSE CENTRE

File No: P28976


Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY This report provides information on the outcomes and the recommendations of the feasibility study into the establishment of a recycling and reuse centre at Mt Vincent Landfill. The study was completed by GHD Pty Ltd in March 2003. Based on the consideration of the quality and quantity of materials entering the landfill, market conditions and operational feasibility, the study concluded that the establishment of a reuse and recycling centre at Mt Vincent Landfill is a feasible option. To establish a worthwhile enterprise, a considerable amount of capital will be required, with initial estimates indicating an outlay of approximately $182,000. In response to this, the preferred option of Council is call for open Expressions of Interest from private companies for the establishment and long-term operation of the recycling and reuse facility at the Mt Vincent Landfill site.


1. Council discuss regional alternatives and funding options for the establishment of a Recycling and Reuse Facility with the Department of Environment and Conservation (Sustainability Programs Division).

2. Council call for Expressions of Interest from private companies for the establishment and operation of the Recycling and Reuse Facility at Mt Vincent Landfill and report back to Council.


CARRIED


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10.3.8 ANAMBAH LANDFILL REHABILITATION

File No: P21594


Author: Stuart Dayman Environmental Project Support Officer

EXECUTIVE SUMMARY The former Anambah Landfill is located on the Western outskirts of Rutherford and was used by Council as a waste emplacement facility from 1976 to 1993. The site was not and is not licensed with the Environment Protection Authority and upon closure was capped and fenced. A number of reports have been prepared for the rehabilitation of the site, including a remediation action plan. Acceptable standards and scientific understanding have changed since the reports were prepared and a review of documentation has identified some deficiencies in the original proposals. This report outlines the current status of the project and recommends an implementation strategy to progress the rehabilitation of the site.


1. Council retain the current zoning for the former Anambah landfill as 6(a) Public Recreation and work towards remediation of the site to standards where it can be used for passive recreation.

2. The project be carried out in two stages. Stage 1 to comprise site security, environmental monitoring, design planning and project costing. Stage two to comprise the physical works component and sign off of the site for final use.

3. Council carry out the necessary preliminary work to update previous data and negotiations as stage one of the rehabilitation.

4. Tenders be called for the construction works associated with the rehabilitation as outlined within stage 2 of the project

5. A separate report will be presented for consideration of Council following the closure of the tendering process.

Moved Clr Garnham, seconded Clr Way

CARRIED


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10.3.9 WINDERS LANE, LOCHINVAR

File No: 222/631


Author: Chris James Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY This report details the current status of the investigation into the closure of the Winders Lane rail level crossing.


1. Council in conjunction with Rail Infrastructure Corporation seek public comment on the closure of the Winders Lane rail level crossing through public advertisement.

2. A further report be submitted to Council on the matter


CARRIED


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10.3.10 MANAGEMENT OF AGGRESSIVE NATIVE BIRDS

File No: 95/2


Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report provides details of revised NSW National Parks & Wildlife Service policy on the management of aggressive native birds and the implications for Councils.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council adopt the protocol, outlined in this report, for the management of aggressive native birds on Council land.


CARRIED


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10.3.11 RE-ESTABLISHMENT OF ALCOHOL FREE ZONES IN MAITLAND CENTRAL BUSINESS DISTRICT AND RUTHERFORD MALL

File No: 21/44/1

Attachments: (5) Map of Proposed Alcohol Free Zones Maitland CBD and Rutherford Mall Facsimile Shenanigans at the Imperial Letter Australia Day Ball in the Mall Committee Letter of Support from Maitland Liquor Accord Memo of Support from Council’s Community Safety Officer

Responsible Officer: Chris James Manager Assets & Infrastructure

Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY An application was received from the NSW Police Service requesting the reinstating of the Alcohol Free Zones in Maitland Central Business District and Rutherford Mall in accordance with the Local Government Act 1993, Part 4 – Street Drinking. The alcohol free zones shall comprise the following streets. 1. High Street Maitland between Church Street and Ken Tubman Drive (east) including the Maitland Heritage Mall. 2. Rutherford Mall Rutherford. From East Mall to West Mall including public pathway areas. 3. Maitland Central Business Districts streets; a) Ken Tubman Drive (east) from High St to Church Street b) Church Street from Ken Tubman Drive to High Street c) High Street from Church Street to Little Hunter Street d) Elgin Street from High Street to Ken Tubman Drive e) Bulwer Street from High Street to Ken Tubman Drive f) Bourke Street from High Street to Ken Tubman Drive 4. Council leased Uniting Church car park in Ken Tubman Drive. This report describes the procedures undertaken to process this application and recommends that Council formally resolve to re-establish the alcohol free zones.


RE-ESTABLISHMENT OF ALCOHOL FREE ZONES IN MAITLAND CENTRAL BUSINESS DISTRICT AND RUTHERFORD MALL (Cont.)

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1. An Alcohol Free Zone in the undermentioned streets and car parks in Maitland Central Business District and Rutherford Mall be declared to operate from 10 December 2003 to 30 November 2006.

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

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

1.3. Maitland Central Business Districts streets;

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

b) Church Street from Ken Tubman Drive to High Street

c) High Street from Church Street to Little Hunter Street

d) Elgin Street from high Street to Ken Tubman Drive

e) Bulwer Street from High Street to Ken Tubman Drive

f) Bourke Street from High Street to Ken Tubman Drive

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

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

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

4. Australia Day Ball in the Mall Committee be granted an exemption from the Alcohol Free Zone in the Heritage Mall from 7pm Saturday 24 January 2004 to 2am Sunday 25 January 2004.


CARRIED


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10.3.12 THE RTA BIG RIDE 2004

File No: 122/944

Attachment Bicycle New South Wales Proposal


Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY Bicycle New South Wales, a not-for-profit community organisation, are currently organising the annual RTA Big Ride for 2004, to be held from Saturday 20th March 2004 to Sunday 28th March 2004. The ride will start in Gloucester and end in Berowra, travelling through parts of Maitland LGA. Bicycle New South Wales seek “in principle” approval for the event and “in-kind” support in conducting the event.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT “in principle” approval be granted to Bicycle New South Wales to conduct the RTA Big Ride on various Maitland roads between 20th March and 28th March 2004, subject to the recommendation of Council’s Local Traffic Committee.


CARRIED


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10.4 CITY WORKS AND SERVICES

10.4.1 RURAL FIRE DISTRICT SERVICE AGREEMENT (RFDSA)

File No: 20/1 & 20/26

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Wayne Cone Group Manager City Works & Services

EXECUTIVE SUMMARY This report outlines the revised Rural Fire District Service Agreement (RFDSA) between Council and the Commissioner of the Rural Fire Service. Council’s endorsement of the Rural Fire District Service Agreement is recommended, and approval is sought to affix the common seal of Council to the agreement documents.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

THAT:

1. Council endorses the provisions of the Rural Fire District Service Agreement (RFDSA) between Council and the Commissioner of the RFS as detailed in this report.

2. The common seal of Council be affixed to the Rural Fire District Service Agreement.


CARRIED


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11 REFERRED COMMITTEE REPORTS

Nil


12 NOTICE OF MOTION/RESCISSION

12.1 LOWER HUNTER PUBLIC TRANSPORT NOTICE OF MOTION SUBMITTED BY COUNCILLOR BOB GEOGHEGAN

FILE NO: 143/11


Author: Bob Geoghegan Councillor

Clr Bob Geoghegan has indicated his intention to move the following Notice of Motion at the next Ordinary of Council on 9th December 2003, as follows: That: 1. A report be presented to Council regarding the reports by the Lower Hunter

Transport Working Group reports on public transport in the Lower Hunter with particular emphasis on the Maitland area

2. Council note the adverse effect for Maitland train travellers of closing the

Newcastle rail corridor.

COUNCIL RESOLUTION THAT:

1. A report be presented to Council regarding the reports by the Lower Hunter Transport Working Group reports on public transport in the Lower Hunter with particular emphasis on the Maitland area.

2. Council note the adverse effect for Maitland train travellers of closing the Newcastle rail corridor.

Moved Clr Geoghegan, seconded Clr Way CARRIED

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13 QUESTIONS WITHOUT NOTICE

13.1 CUSTOMER SERVICE REPORT

Clr Rolls enquired as to the Customer Service Reports that Councillors receive monthly and in particular to a request she lodged on 6 November in respect to a missing Heritage sign. The Group Manager Service Planning & Regulation advised that the reports are distributed on a monthly basis however due to an oversight October's report had to be distributed with the November one. He also advised that the report on the Heritage Sign had been acknowledged and would be acted upon as expediently as possible to replace the sign.

13.2 UNSWORTH BUS ENQUIRY SUBMISSION

Clr Geoghegan enquired as to the whether Council was going to put in a submission in regard to the Unsworth Bus Inquiry.

Chris James, Manager Assets & Infrastructure, advised that Council was

not intending to put in a submission.

14 URGENT BUSINESS

14.1 CLOSURE OF NEWCASTLE RAIL LINE

Clr Geoghegan moved that Council write to the Lower Hunter Transport Working Group expressing its opposition to the closure of the Newcastle Rail Line. Due to the lack of a seconder, the motion lapsed.

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15 COMMITTEE OF THE WHOLE

15.1 TENDER FOR CBD CLEANING AND MAINTENANCE

File No: 137/816



EXECUTIVE SUMMARY The purpose of this report is to inform Council of the progress to date in development of a tender for the cleaning and maintenance of Council’s assets within the Central Business District including the future boardwalk and associated areas fronting the Hunter River.

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 Burke, seconded Clr Dark

CARRIED

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15.2 REIMBURSEMENT OF LEGAL FEES

File No: P17264



EXECUTIVE SUMMARY This report deals with the reimbursement of legal fees for a ratepayer. This matter has been investigated and it is recommended that the legal fees be reimbursed to the ratepayer.


(b) the personal hardship of any resident or ratepayer Moved Clr Burke, seconded Clr Dark

CARRIED

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15.3 COUNCIL LAND - MAITLAND

File No: P24939



EXECUTIVE SUMMARY This report deals with the potential sale of Council land in Maitland.


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


CARRIED

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15.4 CULTURAL PRECINCT RESOURCING & OPERATIONS

File No: P29130 & 11/5



EXECUTIVE SUMMARY The Council is committed to enhancing the level and range of cultural services provided to the Maitland community, and has commenced implementation through the recent relocation of the Regional Gallery to the new “Cultural Precinct” site in High Street, Maitland. This report provides the Council with an overview of the proposed resourcing and strategic management of the precinct in a holistic manner.


(a) personnel matters concerning particular individuals Moved Clr Burke, seconded Clr Dark

CARRIED

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15.5 CONSIDERATION OF TENDERS EAST MAITLAND GASWORKS REMEDIATION STAGE 1

File No: 137/972

Responsible Officer: Richard Minter Manager Consulting & Contracts

Author: Warick Schroder Special Projects

EXECUTIVE SUMMARY Council is proposing to undertake Stage 1 of the remediation works for the East Maitland Gasworks site as detailed in the report to council 23 September 2003 Tenders were called for this work and are presented for Council’s consideration and determination


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


CARRIED

Page 46


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16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16.1 TENDER FOR CBD CLEANING AND MAINTENANCE

File No: 137/816



EXECUTIVE SUMMARY The purpose of this report is to inform Council of the progress to date in development of a tender for the cleaning and maintenance of Council’s assets within the Central Business District including the future boardwalk and associated areas fronting the Hunter River.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. The report be received and noted

2. Funding provision be included in the Draft Budget 2004/2005 of Council to cover expected contract costs for CBD cleaning and maintenance

3. A further $50,000 allocation be provided to enable CBD Cleaning and Maintenance in the period up to awarding of a future tender(s) for the works described within this report

4. A report be provided to the January 2004 Ordinary Meeting of Council on opportunities in relation to the purchase of appropriate mechanised street sweeping machinery

Moved Clr Leverence, seconded Clr Woods

CARRIED


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16.2 REIMBURSEMENT OF LEGAL FEES

File No: P17264



EXECUTIVE SUMMARY This report deals with the reimbursement of legal fees for a ratepayer. This matter has been investigated and it is recommended that the legal fees be reimbursed to the ratepayer.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council reimburse the legal fees as per this report.

Moved Clr Leverence, seconded Clr Woods CARRIED


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16.3 COUNCIL LAND - MAITLAND

File No: P24939



EXECUTIVE SUMMARY This report deals with an offer to purchase Council owned land in Maitland being Lot 4 DP 719004.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council offer Ms Catherine E. Blanch the purchase of Lot 4 DP 719004 for $1,000 plus legal costs.

2. The Council Seal be attached to relevant documentation.


CARRIED


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16.4 CULTURAL PRECINCT RESOURCING & OPERATIONS

File No: P29130 & 11/5



EXECUTIVE SUMMARY The Council is committed to enhancing the level and range of cultural services provided to the Maitland community, and has commenced implementation through the recent relocation of the Regional Gallery to the new “Cultural Precinct” site in High Street, Maitland. This report provides the Council with an overview of the proposed resourcing and strategic management of the precinct in a holistic manner.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT the proposed resourcing of the Regional Gallery and Cultural Precinct be noted and endorsed by Council.


CARRIED


16.5 CONSIDERATION OF TENDERS EAST MAITLAND GASWORKS REMEDIATION STAGE 1

File No: 137/972

Responsible Officer: Richard Minter Manager Consulting & Contracts

Author: Warick Schroder Special Projects

EXECUTIVE SUMMARY Council is proposing to undertake Stage 1 of the remediation works for the East Maitland Gasworks site as detailed in the report to council 23 September 2003 Tenders were called for this work and are presented for Council’s consideration and determination

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council accept the tender of Conaghan Civil Pty Ltd in the amount of $75,350.00(GST inclusive).


CARRIED

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CULTURAL PRECINCT RESOURCING & OPERATIONS (Cont.)

17 CLOSURE

The meeting was declared closed at 7.50 pm.

....................……............ ......……......................... General Manager Chairperson

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Documents

MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES 9 … docume… · council meeting minutes 09 december, 2003 page (ii) 10.2 finance and administration..... 20 10.2.1 statement of investments