MAITLAND CITY COUNCIL · 1/27/2009 · maitland city council ordinary meeting agenda 27 january...

MAITLAND CITY COUNCIL

ORDINARY MEETING

AGENDA

27 JANUARY 2009

ORDINARY MEETING AGENDA 27 JANUARY 2009

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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 ..........................................................................................1

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .....................................................................................................1

9 GENERAL MANAGER'S REPORTS .............................................................1

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

10 SERVICE PLANNING AND REGULATION REPORTS ................................2

10.1 DA 08-2431 CHANGE OF USE TO RECREATION FACILITY, LOT 1 SP 56616, 1/4 YOUNG STREET, EAST MAITLAND RECOMMENDATION: APPROVAL...................................................2

10.2 BOLWARRA HEIGHTS INVESTIGATION AREA - PREPARATION OF LEP .................................................................19

10.3 PETITION REGARDING THORNTON RAIL BRIDGE..................... 28 10.4 NOMINATIONS FOR LOCHINVAR REFERENCE GROUP ............ 51 10.5 REFORMS TO INFRASTRUCTURE LEVIES.................................. 77 10.6 ALCOHOL FREE ZONE MAITLAND CENTRAL BUSINESS

DISTRICT ........................................................................................93

11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS..................... 100

11.1 TEMPORARY ROAD CLOSURE - GLENARVON ROAD (FOR THIRD RIVER CROSSING PROJECT) ......................................... 100

11.2 HOT ROD AND MOTORBIKE DISPLAY - JOHN STREET EAST MAITLAND TEMPORARY ROAD CLOSURE ..................... 104

11.3 DRAFT LOCAL TRAFFIC COMMITTEE MINUTES FOR DECEMBER 2008.......................................................................... 106

11.4 RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)...........................................................................................112


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12 FINANCE AND ADMINISTRATION REPORTS......................................... 120

12.1 MAITLAND TOURISM ADVISORY GROUP.................................. 120 12.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2008 ..125 12.3 DEFAULT ON MOMENTUM 2007-7 CDO INVESTMENT............. 134 12.4 PURCHASE OF LAND AT RUTHERFORD FROM ANAMBAH

HOMES PTY LTD FOR PUBLIC RECREATION ...........................136 12.5 EASEMENT IN FAVOUR OF ENERGY AUSTRALIA RE

EXTENSIONS TO MAITLAND REGIONAL ART GALLERY.......... 140 12.6 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES

TO COUNCILLORS ....................................................................... 146 12.7 REQUEST TO USE MAITLAND'S COAT OF ARMS..................... 157

13 CITY WORKS AND SERVICES REPORTS............................................... 160

13.1 CLEANING OF COMMUNITY BUILDINGS, DEPOT AND WASTE DISPOSAL OFFICES.......................................................160

14 ITEMS FOR INFORMATION......................................................................163

14.1 THE HILLS SHIRE COUNCIL - NAME CHANGE.......................... 163 14.2 DEPARTMENT OF LOCAL GOVERNMENT CIRCULAR 08/72

- CIRCULARS TO COUNCILS MAILING LIST - INCLUSION OF ELECTED MEMBERS OF COUNCILS.................................... 164

14.3 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2008 ........ 165

14.4 KEY PERFORMANCE INDICATORS - DECEMBER 2008 ........... 166 14.5 INTERNAL RESERVE BALANCES AS AT 31 DECEMBER

2008...............................................................................................184 14.6 MONTHLY FINANCIAL REPORT - DECEMBER 2008 ................. 186 14.7 DISCLOSURE OBLIGATIONS UNDER THE NSW ELECTION

FUNDING & DISCLOSURE ACT 1981.......................................... 190 14.8 CORRESPONDENCE ANALYSIS................................................. 192 14.9 STATUS REPORT ON PROJECTS ISSUED OR IN

PROGRESS...................................................................................194 14.10 SECTION 94 QUARTERLY REPORT ........................................... 199

15 NOTICES OF MOTION ..............................................................................204

15.1 SIGNAGE - PATERSON RIVER NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY.................................... 204

15.2 ADDITIONAL INFORMATION FOR THE ANNUAL REPORT NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER.............................................................................206

16 QUESTIONS WITHOUT NOTICE .............................................................. 211

17 URGENT BUSINESS .................................................................................211

18 COMMITTEE OF THE WHOLE.................................................................. 212

18.1 REQUEST TO PURCHASE COUNCIL LAND OAKHAMPTON..... 212


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18.2 CONSIDERATION OF TENDERS - MORPETH MUSEUM BUILDING REPAIRS AND MAINTENANCE.................................. 213

18.3 DA 08-1964 SMITH STREET APPEAL.......................................... 214

19 CLOSURE..................................................................................................214


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PRESENT 1 INVOCATION

2 APOLOGIES AND LEAVE OF ABSENCE

3 DECLARATIONS OF PECUNIARY INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

● The Minutes of the Ordinary Meeting held 9 December 2008 be confirmed.

5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

9 GENERAL MANAGER'S REPORTS

Nil


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10 SERVICE PLANNING AND REGULATION REPORTS

10.1 DA 08 -2431 CHANGE OF USE TO RECREATION FACILITY, LOT 1 SP 56616, 1/4 YOUNG STREET, EAST MAITLAND RECOMMENDATION: APPROVAL

File No: DA 08-2431 Attachments: 1. Locality Plan

2. Development Plans 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

Applicant: Craig Broad & Linda Bailey Owner: R & S Shamrock Investments Pty Ltd Proposal: Change of Use – Recreation Facility (Dance Centre) Location: 1/4 Young Street, East Maitland Zone: 4(b) Light Industrial

EXECUTIVE SUMMARY Development consent is sought from Council for Change of Use to Recreation Facility at 1/4 Young Street East Maitland. The subject land is zoned 4(b) Light Industrial under Maitland Local Environmental Plan, 1993 and is not subject to any environmentally sensitive factors. The proposal involves the use of Unit 1 as a dance facility run Monday – Friday from 3pm – 9pm and Saturdays from 9am-12pm. There will be two dance classes operating at the one time, with an additional room for set up and storage. A dance centre is defined as a recreation facility under the Maitland Local Environmental Plan 1993. A recreation facility is a permissible form of development in the 4(b) Light Industrial Zone with Council consent and is not inconsistent with the objectives of the zone. The proposal was advertised and notified for a period of fourteen days from 4 December 2008 to 18 December 2008. No submissions were received. This application is being put to Council as there is a deficiency of carparking on site and therefore cannot be determined by delegated authority. It is considered that the surrounding road network in this instance can support the increased use and on-street carparking will be sufficient to compliment the application. The proposal has been assessed under the heads of consideration of the Environmental Planning and Assessment Act 1979 and is recommended for approval.


DA 08-2431 CHANGE OF USE TO RECREATION FACILITY, LOT 1 SP 56616, 1/4 YOUNG STREET, EAST MAITLAND RECOMMENDATION: APPROVAL (Cont.)

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OFFICER’S RECOMMENDATION THAT DA 08-2431 for Change of Use to Recreation Facility on Lot 1, SP56616 1/4 Young Street East Maitland be approved, subject to the conditions of consent set out in the attached schedule. REPORT This report is being put to Council due to the deficiency in the carparking required for the proposed use, which means it cannot be determined under delegated authority. INTRODUCTION The subject site is located at 4 Young Street in East Maitland and has a site area of 2933 square metres. There are five industrial units located on the site with varying uses and floor areas. The subject unit has a floor area of 385 square metres and has its entrance oriented towards Alliance Street. Figure one shows the unit from the street.

Figure 1: Unit 1/4 Young Street as viewed from Alliance Street.



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Current uses of the other units on site include the following:

• Unit 2 – vacant • Unit 3 – Maitland Dint Fix • Unit 4 – Ian Challen Welding • Unit 5 – Ron Cant and Sons Builders

The site is in the vicinity of the railway line located to the north of the site, as well as industrial uses to the north and the east. Residential properties exist on the other side of Young Street to the south. BACKGROUND The six units and carparking constructed on the subject site and on the neighbouring lot to the north were approved under delegated authority in 1996 (DA 96-0489). The site was subdivided the following year, resulting in five units remaining on the subject site and further strata subdivided, and the sixth unit is now located on Lot 111 DP 875273 (SU 97-0911). The carparking on site was also divided, with 9 spaces now located on lot 111 and 12 of the approved spaces located on the subject site. PROPOSAL The proposal is for the use of Unit 1 as a dance centre. The unit will contain three rooms to allow for two classes to be run at the one time, with the third room allowing for set up and rotation of the classes. The classes will run from 3pm – 9pm Monday to Friday and 9am – 12pm on Saturday mornings and have a maximum of fifteen (15) children attending each class. PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument Local Environmental Plan The subject land is zoned 4(b) Light Industrial under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “recreation facility” which is a permissible land use in the zone with Council consent. The proposal is considered to be consistent with the zone objectives, as follows.

Objectives of the zone a) To set aside certain land for the purpose of light industry within convenient distances of the urban centres of the City. b) To allow commercial and retail development that does not undermine commercial and retail functions of existing and future urban centres.



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c) To ensure that industrial development creates areas which are pleasant to work- in and safe and efficient in terms of transportation, land utilisation and services distribution.

Although the proposal is not industrial in nature, it is compatible with the locality and it is of a semi- commercial nature which does not undermine the commercial and retail hierarchy of the city. Regional Environmental Plan The objectives of the Hunter Regional Environmental Plan, 1989 are to ensure that facilities and services related to health, education and community needs are provided to the community and designed to meet the needs of those using and accessing the services. This proposal utilises an existing building with an activity of benefit to children and teenagers. The site lies within the established urban area of East Maitland and is accessible to a large residential catchment. State Environmental Planning Policies SEPP 64 - Advertising and Signage is relevant as the proposal involves a sign. The sign can be defined as a 'business identification sign' as it will be identifying the proposed use, and that use only. The signage will have black graphics and text on a white background and will have dimensions of 2000mm x 2000mm. The sign is to be located on the Alliance Street elevation. Overall the signage is consistent with the aims and objectives of the SEPP. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not relevant. Section 79C(1)(a)(iii) any development control plan The following chapters of the Maitland Citywide Development Control Plan apply to this development:

Industrial Development Code Carparking Outdoor Advertising

Industrial Development Code This DCP is relevant for any land zoned industrial within the LGA. Standards such as the design and appearance of buildings, landscaping, parking and access, setbacks,



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drainage and fencing were considered in the parent application for the construction of the industrial units and considered satisfactory. The proposed signage is consistent with the requirements of this DCP as it is allowing for one sign only to be placed on the façade of the unit below the roof line. There is already an index board in place to advertise all the occupied units in the complex. Overall the proposal is consistent with the DCP. Carparking The DCP has no specific rates for a ‘recreation facility’ of this type. However, the ‘RTA Guide to Traffic Generating Development’ requires a minimum provision of 4.5 spaces per 100 square metres of gross floor area (or 1 space per 23 square metres of gross floor area) for recreational facilities of this type, and has been used as a basis for this assessment. The carparking calculations are as follows:

Use Floor Area Rate Spaces Required Proposed

Recreation Use (RTA Rate)

385 square metres 1 per 23 square metres

16.7 (17)

Existing Industrial Use

385 square metres 1 per 75 square metres

5.2 (6)

Using the RTA approach 17 spaces would be required for the use. The existing carparking rates for the site were assessed under the Industrial rate of 1 space per 75 square metres of floor area, which means that six (6) spaces were originally required for the unit, resulting in a deficiency of eleven (11) spaces. In this particular case, however, the surrounding road network is sufficient to deal with the overflow of parking. Alliance Street is currently a dead end street terminating at the railway corridor and will allow for on-street parking for approximately fifteen cars in front of the unit as well as vehicles on the other side of the road. The on street parking in Alliance Street will not interfere with any dwellings as there is no residential development on the opposite side of Alliance Street to the industrial units as indicated in Figure Two.



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Figure 2: View of Alliance Street to the north. The railway line is located at the end of the street.

Also, the applicant has indicated that one reason for the use of this particular site was the hours of operation from the other tenants. The other tenancies in the complex finish operations around 3pm, which means that the hours of operation, are not in line with the proposed use and therefore an overlap in parking should not occur with other spaces within the complex being vacant after 3pm. Outdoor Advertising The proposal includes one wall sign, with dimensions of 2 metres by 2 metres to be located on the wall facing Alliance Street. The sign shall contain the name of the business, the business logo and contact details for the use. The proposed sign meets the objectives for signage within industrial areas as it is permitting the business name and the activity only, it is not a sign for product display, the sign is in keeping with the scale of the building and it is consistent in size with other signage in the complex. Overall the proposal is consistent with the aims and objectives of the DCP.



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Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Division 5 of Part 9 of the Environmental Planning and Assessment Regulation 2000 applies to this proposal. The proposal fulfils the fire safety and structural adequacy requirements of the regulations and is therefore considered appropriate in accordance with the requirements of the regulation. A condition of consent is included requiring the submission of an annual fire safety statement from the applicant. Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The main potential impact of the development is related to carparking. This has been discussed in detail previously in this report under the Development Control Plan Chapter ‘Carparking’. Having considered the nature of the use, the characteristics of the location of the subject land, the nature of the surrounding road system and the type of adjoining land uses it is concluded on merit that the technical deficiency in on-site parking can be appropriately managed without significant adverse impacts. Noise is another potential impact of the development, however the building is constructed out of masonry, which absorbs sound and the applicant has indicated that the use of a commercial stereo is unsuitable for the use as it prevents the teacher from leading the class effectively. Although it should not occur, a condition of consent has been included in order to preserve the amenity for the residents across the street to limit any potentially offensive noise from the site. Section 79C(1)(c) the suitability of the site for the development The site is suited to this proposal due to its location, topography and layout of the existing building. Section 79C(1)(d) any submissions made in accordance with this act or the regulations Public Submissions The development application and accompanying information were placed on public exhibition for a period of fourteen days from 4 December 2008 to 18 December 2008. No submissions were received during this period. Submissions from public authorities The application did not trigger the need to seek comment from a public authority, nor were any submissions received by Council. Section 79C(1)(e) the public interest The proposal is in the public interest as it provides a permanent location for an activity which promotes the physical well being of children. The proposal also offers



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children the opportunity for organised activity to socialise with other children of a similar age. FINANCIAL IMPLICATIONS The matter has no financial impact upon Council’s adopted budget or forward estimates. POLICY IMPLICATIONS The matter has no policy implications for the Council. STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report. CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.



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SCHEDULE OF CONDITIONS

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

Plan Ref.

No

Sheet

No

Rev n

No

Revision

Date

Prepared by:

(consultant)

Site Plan 1 A 10.10.08 Acroplan

Office Fit Out 1 1 October 2008 Jeffkins Group

Proposed Signage 1 1 October 2008 Attitude Dance Centre

GENERAL PROVISIONS 2 The building is to comply with Part D and E of the Building Code of Australia. 3 It is the Applicants responsibility to ensure compliance with the requirements of the

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

4 A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.

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

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 The development or any portion of the development shall not be used or occupied until an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at



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the same time as the final inspection is being requested.

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

9 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that:

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

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

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

10 The use of the building shall not be changed from the classification approved of to that of another unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.

11 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.

12 The applicant is required to submit to Council Notice of Appointment of the Principal Certifying Authority at least two (2) days prior to the commencement of construction works.

13 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.

SERVICES & EQUIPMENT 14 A copy of the fire safety schedule and fire safety certificate is to be prominently

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

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



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ACCESS & EGRESS 16 Access for disabled persons must be provided in accordance with DP1, DP2, and

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

SITE CONSIDERATIONS 17 No building materials refuse or spoil is to be deposited on or be allowed to remain on

Council's footpath.

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

AMENITY 19 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.

HOURS OF OPERATION 20 The following hours of operation apply to the use:

Monday – Friday: 3pm – 9pm

Saturday: 9am – 12pm



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Service Planning and Regulation Reports

DA 08-2431 CHANGE OF USE TO RECREATION FACILITY, LOT 1 SP 56616, 1/4 YOUNG STREET, EAST

MAITLAND RECOMMENDATION: APPROVAL

Locality Plan

Meeting Date: 27 January 2009

Attachment No: 1

Number of Pages: 1



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DA 08-2431 CHANGE OF USE TO RECREATION FACILITY, LOT 1 SP 56616, 1/4

YOUNG STREET, EAST MAITLAND RECOMMENDATION: APPROVAL

Development Plans


Attachment No: 2

Number of Pages: 3



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10.2 BOLWARRA HEIGHTS INVESTIGATION AREA - PREPARATION OF LEP

File No: RZ 07-003 Attachments: 1. Locality Plan Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Monica Gibson - Manager City Strategy

Author: Josh Ford - Strategic Town Planner

EXECUTIVE SUMMARY The purpose of this report is to present to Council a proposal to amend the Maitland Local Environmental Plan 1993 to rezone land known as the former Bolwarra Waste Water Treatment Works. This will be the second LEP for the site, with a draft Local Environmental Plan (LEP) prepared and exhibited for the southern portion of the site adjoining Bolwarra Road. This current proposal involves the rezoning of part of Lot 9 DP 1116838 from 5(a) Special Uses and 7(a) Environmental Protection Wetlands to urban residential and environmental protection land. For the rezoning to proceed, Council must first resolve to prepare a draft LEP, which will prompt further investigations of the site. These investigations will occur in the form of environmental studies, to ascertain whether the land is suitable for future urban residential development, as well as the extent of environmental conservation outcomes. The environmental studies shall be used to inform the preparation of the draft LEP, and will consider issues associated with past and present land uses. These include soil contamination, Aboriginal heritage, flooding, ecological communities, proximity to the Hunter River and bushfire. The site is shown in the Maitland Urban Settlement Strategy (as adopted) as a Category One Investigation Area. It was not proposed to alter this status in the current review of the Settlement Strategy, and it was recommended that this site form part of the land release program to be investigated for the Maitland LEP 2011. OFFICER’S RECOMMENDATION THAT

1. Pursuant to Section 54(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act 1979) Council resolve to prepare a draft Local Environmental Plan (LEP) to rezone part of Lot 9 DP1116838 from 5(a) Special Uses and 7(a) Environmental Protection Wetlands to urban residential and environmental protection land, in conjunction with the preparation of the Maitland LEP 2011.


BOLWARRA HEIGHTS INVESTIGATION AREA - PREPARATION OF LEP (Cont.)

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REPORT Background In April 2007, Council received a rezoning application which sought to rezone Lot 9 DP1116838 from 5(a) Special Uses and 7(a) Environmental Protection (Wetlands) to urban residential and environmental protection land. The land is identified as the Bolwarra Investigation Area, which is Category One Residential Land under the adopted MUSS (2006 Edition). The land was previously owned by Hunter Water Corporation, and was known as Bolwarra Waste Water Treatment Works. The plant was decommissioned in 2001 and the land has remained vacant since. The treatment plant occupied a small area of the site, with the remainder of the land utilised for grazing cattle and some environmental regeneration works. All infrastructure related to the past use as a treatment plant has now ceased and it is understood that the site has been partially remediated. SUBJECT LAND Property Description The subject site is known as Lot 9 DP1116838 Bolwarra Road, Bolwarra (see attached map). The area of the site is approximately 35.12Ha. The land incorporates cleared pasture, wetlands and regenerated vegetation (a Landcare initiative). The land falls from a ridgeline traversing north – south through the centre of the site towards wetlands within the site and the Hunter River which forms the western boundary. The land is bounded to the north and east by an existing residential subdivision (Hunter Glen), while Bolwarra Road and residential allotments adjoining Bolwarra Road border the southern boundary of the land. SITE SPECIFIC ISSUES The following matters have been identified to affect the subject site. Flooding The subject land adjoins the Hunter River and includes two (2) wetland areas that are zoned 7(a) Environmental Protection (Wetlands). While a significant portion of the land is flood prone, the developable area of the subject land has been defined by the 1 in 100 year flood level. The topography of the land, combined with existing roads and pathways upon adjoining allotments north of the site, mean that unimpeded access and evacuation routes during flood events should be possible. Indigenous Heritage Indigenous cultural heritage in NSW is protected and managed under the National Parks and Wildlife Act 1974. Located within the vicinity of the site is the presence of a burial or a memorial to a local Aboriginal identity – King Tom. The burial is marked by a headstone on land near the junction of Kensington and Bolwarra Roads. There is a high potential for other artefacts and the possibility of significant Aboriginal characteristics in this area. An Aboriginal Archaeology report will need to be prepared and considered in the preparation of the draft LEP.



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European Heritage The land is located outside of the Bolwarra Heritage Conservation Area, with the southern extent of the developable land greater than 400m from the northern boundary of the Bolwarra Heritage Conservation Area. Regardless, there is the potential for visual impacts upon the significance of buildings located within the Bolwarra Heritage Conservation Area. A visual impact assessment could trigger the need for a subsequent Heritage Impact Statement if this is the case. Site Contamination The subject land was previously used by Hunter Water Corporation as a waste water treatment works, which was decommissioned in 2001. Ancillary uses of the land involved cattle grazing. A site contamination report will be required as part of the rezoning, in order to ensure that the land is suitable for human habitation. Visual Catchments The visual catchment to the west may be impacted if development is permitted on the western side of the ridgeline. A number of large residential properties at Oakhampton Heights enjoy views across the Hunter River and the wider floodplain, these views may be interrupted by development upon the western slope of the prominent ridgeline which traverses the site. Development should also be sympathetic to the adjacent Bolwarra Heritage Conservation Area, by ensuring that the visual catchment is protected from intrusive, or intensive, residential development. As such, a Visual Impact Statement (VIS) is required to be prepared. Views from the western slope of the site will capture extractive industry (Parker’s Landscaping), the Main Northern Railway Line, the Hunter River and its associated floodplain. Traffic The development of residential land and the cumulative impact of additional traffic should be assessed in a Traffic Study, ensuring that impacts on the Third Hunter River Crossing are taken into consideration. The traffic study should be prepared as part of the environmental studies for the proposal. Existing roadways may be extended to provide access to future allotments within the given study area. Topography is consistent with that of adjoining residential land which contains roadways, residential allotments and associated pathways. Catchment The elevated position of the developable area of land, combined with naturally occurring wetland water storage areas provides excellent opportunities for stormwater management. An existing stormwater detention basin exists to the north-east of the site which extends beyond the northern and eastern lot boundaries. Any future proposal to subdivide the subject land would require a stormwater management plan to be submitted for assessment during the Development Application process for the subdivision. Vegetation & Threatened Species Based on Council’s vegetation mapping, four (4) types of vegetation - including Endangered Ecological Communities (EECs) - are predicted to occupy the site. These vegetation communities include:



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(i) Freshwater Wetland Complex (EEC) (ii) Alluvial River Oak Forest (EEC) (iii) Lower Hunter Spotted Gum Ironbark Forest (EEC) (iv) Regenerating native vegetation

A Flora and Fauna study will be required as part of the environmental studies for the site, given that the land is currently zoned 7(a) Environmental Protection Wetlands and retains EECs. The report will need to address the relevant criteria outlined under the Threatened Species Conservation Act 1995, given that the EECs mapped for the site have the potential to provide habitat to endangered species. Noise The land is located approximately 600m from the Main Northern Railway Line (MNRL). Existing residential development is located between the subject land and the MNRL. No significant acoustic issues are likely to arise given that existing residential land provides a buffer between the MNRL and the subject land. EXISTING PLANS, POLICIES AND DIRECTIONS When preparing the draft LEP, reference will be made to the following state policies and directions for local plan making. State Environmental Planning Policy No. 55 – Remediation of Land The general objectives of this policy are to provide for a state-wide planning approach to the remediation of contaminated land and to promote the remediation of contaminated land for the purposes of reducing the risk of harm to public health. A contamination report will need to be submitted as part of the proposed rezoning for the site, in order to ensure that the land is fit for human habitation associated with an urban residential zone. Direction 2.1 – Environment Protection Zones This direction applies as the Council intends to create an environmental protection zone over a portion of the subject site. The proposed environmental protection zoning will incorporate the existing 7(a) Environmental Protection (Wetlands) zone within the site. The aim of the proposed draft LEP is consistent with this direction. Direction 3.1 – Residential Zones This direction applies as the Council intends to create an urban residential zone over a portion of the subject site. The proposal to create additional residential land is consistent with the MUSS, and this direction. Direction 3.4 – Integrating Land Use and Transport This direction applies since the draft LEP proposes to rezone land for residential purposes. The proposal will create additional residential land identified under the MUSS, which is an agreed strategy. The location of the site will permit reasonable access to housing, jobs and services via public transport. The potential for the extension of cycleways and footpaths in the locality means that a range of transport options would be available to future residents. Furthermore, the land is to adjoin



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existing residential development which currently maintains access to a variety of transport options. The aim of the draft LEP is therefore consistent with this direction. Direction 4.3 – Flood Prone Land This direction applies as a portion of the subject site is flood prone, and because the draft LEP aims to permit residential development at the site. The site retains a significant area of land which is not affected by flooding according to Council’s flood standard of 1% Annual Exceedance Probability (AEP) events. This is the area of the site to be investigated for residential purposes. The characteristics of the land are such that the lower portion of the land is prone to inundation. The majority of the site will continue to incorporate an environmental protection zone. The draft LEP is consistent with this direction. Direction 4.4 – Planning for Bushfire Protection This direction applies as part of the subject land is classified as bushfire prone. The bushfire prone portion of land is constrained given that it exists beyond the waterway and flood prone land within the south-eastern portion of the site, and existing roadways separate the vegetation from existing residential development. Regardless, a bushfire report is required to be submitted with the environmental studies for the site, should further investigations proceed. Direction 5.1 – Implementation of Regional Strategies This direction applies as the LGA is included under the Lower Hunter Regional Strategy (LHRS). It is considered that the draft LEP is consistent with the LHRS. The site is classified as Category One land (Bolwarra Investigation Area) under the MUSS, which is an agreed strategy. Furthermore, the NSW Department of Planning have previously endorsed the inclusion of the Bolwarra Investigation Area under the MUSS, given the status of the land as an Urban Release Area. The draft LEP is consistent with this direction. Direction 6.2 – Reserving Land for Public Purposes This direction applies as the land was formally utilised as a waste water treatment plant by Hunter Water Corporation. Part of the land remains zoned 5(a) Special Uses to reflect this previous use, however the plant was decommissioned in 2001 and the site has remained vacant since this time. Hunter Water Corporation have confirmed that the land is no longer required for public purposes. The draft LEP therefore aims to be consistent with this direction. Hunter Regional Environmental Plan, 1989 The proposal is consistent with the HREP 1989, given that the land does not retain regionally significant wetlands. Howes Lagoon exists some distance to the south of the site, which is a regionally significant wetland, as listed under the HREP 1989. The environmental studies informing the proposed draft LEP will need to consider the objectives for land use and environmental protection, as stipulated under the HREP, 1989.



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Maitland Local Environmental Plan, 1993 The proposal involves the amendment to the Maitland LEP 1993 to rezone the subject land to urban residential and environmental protection land. It is proposed that the draft LEP shall be consistent with the objectives of urban residential and environmental protection zones. As the proposal would involve an “up-zoning” to urban residential land, the site will identified as an Urban Release Area, and the provisions of Part 12 of the Maitland LEP will apply with regard to state infrastructure and preparation of development controls. Maitland Urban Settlement Strategy The site is shown in the Maitland Urban Settlement Strategy (as adopted) as a Category One Investigation Area. It is the last parcel of land in the Central Catchment (Bolwarra/ Largs/ Central Maitland/ Gillieston Heights) to be investigated for residential purposes. It was not proposed to alter the status of the Bolwarra Investigation Area in the current review of the Settlement Strategy; hence the Category One status is considered to be endorsed by the Department of Planning. Progress towards the rezoning of this site is consistent with objectives of maintaining a 10 -15 year supply of zoned residential land, achieving a distribution of available development sites across the City and undertaking suitable environmental investigation. The aims of the draft LEP will be consistent with the purpose of the MUSS. Consultation Council intends to consult with the following public agencies in preparation of the draft LEP:

• NSW Department of Environment and Climate Change • NSW Department of Water and Energy • Hunter Water Corporation • NSW Rural Fire Service • NSW RTA • Energy Australia • Telstra

Following the preparation of the draft LEP amendment, there will also be an opportunity for community consultation. CONCLUSION Lot 9 DP1116838 is a site that is significant in terms of meeting the objectives of the MUSS, in addition to its environmental features. The proposed rezoning will enable a more suitable zone to be applied to the site, which will be more consistent with existing adjoining land uses and the environmental features of the site. The proposed urban release program outlined in a report to Council on the MUSS Review in November 2008 listed the Bolwarra Investigation Area as a site to be



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investigated in conjunction with the Maitland LEP 2011. It is therefore considered timely to recommend the preparation of a draft LEP for the Bolwarra Investigation Area. FINANCIAL IMPLICATIONS This draft amendment has no direct financial implications upon Council’s adopted budget or forward estimates. POLICY IMPLICATIONS It is considered that this amendment is primarily a zoning anomaly to rezone land in which the activities of the specified use (Bolwarra Waste Water Treatment Works) has ceased operations. The new draft zoning provision will be more consistent with the objectives of the MUSS and the environmental characteristics of the site. STATUTORY IMPLICATIONS The statutory process for preparing an amendment to the Maitland LEP 1993 is detailed in Part 3 of the EP&A Act 1979 and will be followed for the purposes of Council’s assessment of this proposal.



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BOLWARRA HEIGHTS INVESTIGATION AREA - PREPARATION OF LEP

Locality Plan


Attachment No: 1

Number of Pages: 1



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10.3 PETITION REGARDING THORNTON RAIL BRIDGE

File No: 103/106 Attachments: 1. Petition Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Author: Monica Gibson - Manager City Strategy

EXECUTIVE SUMMARY A petition has been made by Thornton residents regarding the Thornton rail bridge and local road network. In accordance with Council’s policy regarding petitions, this matter is presented to Council for their consideration prior to a response to the petitioners. The issues raised in the petition relate to the infrastructure planning for the traffic increases related to the Thornton North Urban Release Area. Matters of traffic safety, potential health risks and economic loss associated with increased traffic movements were considered by Council throughout the planning investigations. Council has adopted planning strategies and instruments that will ensure suitable infrastructure is provided in line with new residential growth at Thornton, to achieve the best environmental, social and economic outcome for existing and new residents of Maitland. OFFICER’S RECOMMENDATION THAT 1. Council receive and note the petition regarding the proposed Thornton

Rail Bridge and surrounding road modifications. 2. The petitioners be notified that Council has previously investigated and

considered various options for road infrastructure in Thornton, and has adopted a strategy for upgrading local roads in the Thornton area in line with increased traffic demand from the Thornton North Urban Release Area (Thornton North Section 94 Development Contributions Plan, 2008).

REPORT A petition has been made to Council regarding road infrastructure and traffic planning in the Thornton area. In accordance with Council’s policy regarding the receipt of petitions (dated 12 April 1988), this petition is presented to Council for consideration, prior to correspondence being forwarded to the petitioners.

This report does not specifically address the details of the rail bridge design or the consultation process for the rail bridge design as this is a separate matter for Council’s consideration; however this report does address the matters raised in the petition regarding the strategic infrastructure planning for the Thornton area, necessitated by the future development of the Thornton North Urban Release Area.


PETITION REGARDING THORNTON RAIL BRIDGE (Cont.)

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PETITION REGARDING THORNTON RAIL BRIDGE AND SURROUNDING ROAD MODIFICATIONS

Attached to this report is a copy of the petition, made by 14 households in the Thornton area, and signed by a further 202 Thornton residents. The petition was received in December 2008 following the display of concept drawings for the upgrading of Thornton Rail Bridge in November/ December 2008.

The key issues in the petition are

• Reduction in safety in Haussman Drive and adjoining streets.

• Impact on health from increases in traffic in Thornton.

• Economic loss from reduction in safety and health impacts.

• Insufficient public consultation regarding infrastructure planning in Thornton.

Two alternative options for bypass roads around the existing Thornton suburb are proposed and sketches are enclosed with the petition, and the petitioners have requested a public forum to discuss options for infrastructure improvements.

ROAD INFRASTRUCTURE PLANNING FOR THORNTON AREA

Council resolved to undertake planning studies and structure plan for the Thornton North Urban Release Area in 2002. At this time, the potential for impacts on the local and regional road network were identified and a traffic model and infrastructure plan was prepared.

Various options for traffic movements between Raymond Terrace Road and the New England Highway were considered, including rail line crossings and intersections with the New England Highway. Owing to constraints such as environmentally sensitive land, traffic flow and safety on the national highway, commitment to Weakleys Drive interchange and prohibitive costs, many options were unviable.

It was identified that Haussman Drive was historically planned to operate as a link to Raymond Terrace Road, with a wide road reserve, dwellings built on only one side, and residential access from local roads. This road has been planned for some considerable time to operate as a collector road, distributing traffic between the arterial roads (Raymond Terrace Rd/ New England Hwy) and the local street system.

This information and concept for the use of Haussman Drive has formed part of Council’s planning strategies and instruments for Thornton North since the adoption of the Thornton North Structure Plan in December 2003. Details regarding the possible design of Haussman Drive have also been exhibited for public comment. At this stage, there is no adopted construction design or construction timing for Haussman Drive. Additional travel lane capacity is not predicted to be required until approximately 2,500 new dwellings are constructed, which is likely to be a further 10 – 12 yrs away.



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CONCLUSION

Matters in the petition have been considered and addressed by Council, NSW Roads and Traffic Authority, Department of Planning, Rail Infrastructure Corporation, ARTC, Rail Corp during the preparation of the Thornton North planning instruments. Whilst the petition raises concerns about safety, health and economic impacts of road network changes, and offers possible alternatives for road and bridge locations, there is no new information in the petition that would warrant a new infrastructure model. It is considered that the alternative bypass roads are unviable for economic, environmental and social reasons and that a suitably planned and upgraded road network will result in benefits to the wider Thornton community.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993, Environmental Planning and Assessment Act 1979 or Roads Act 1993 associated with this matter.



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PETITION REGARDING THORNTON RAIL BRIDGE

Petition


Attachment No: 1

Number of Pages: 19



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10.4 NOMINATIONS FOR LOCHINVAR REFERENCE GROUP

File No: RZ 08002 Attachments: 1. Terms of Reference for Lochinvar Urban

Release Area Reference Group 2. Nomination Forms for Lochinvar Reference

Group Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Author: Monica Gibson - Manager City Strategy

EXECUTIVE SUMMARY Details for the Lochinvar Urban Release Area Reference Group have been prepared, including the scope of the Reference Group and nomination for membership. The purpose of the Reference Group is to be a point of contact between Council, landowners and the community on planning matters affecting Lochinvar. It will provide an opportunity for the decisions of the Council to be informed by the views and knowledge of the community and landowners. The Reference Group will act as an advisory committee reporting directly to Council. A membership comprising 3 residents of Lochinvar, 3 landowners/ representatives of holdings in the Lochinvar Urban Release Area and 3 Councillors is proposed in the terms of reference. Nominations for these positions have been invited and appointments are recommended. OFFICER’S RECOMMENDATION THAT 1. The Terms of Reference for the Lochinvar Urban Release Area Reference

Group be adopted. 2. The nominations of the following people be made to the Lochinvar Urban

Release Area Reference Group: Ian Higgins, Jennifer Schroeder, Edwin Airds, Alan Wells, Peter Lawrence and Craig White.

3. Three (3) Councillors be nominated to the Lochinvar Urban Release Area

Reference Group. REPORT At its meeting on 25 November 2008, Council resolved to proceed with the preparation of a local environmental plan for the Lochinvar Urban Release Area, and to seek nominations for a reference group to facilitate and advise Council on the preparation of planning studies for this area. This report proposes a scope for the Lochinvar Urban Release Area. This report puts forward Terms of Reference for the group and recommends the nomination of members to the group.


NOMINATIONS FOR LOCHINVAR REFERENCE GROUP (Cont.)

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TERMS OF REFERENCE

The purpose of the Lochinvar Urban Release Area Reference Group is to provide advice to Council on the preparation of studies and planning instruments for Lochinvar. This group would be a conduit between Council and the community to ensure that social, environmental and economic expectations of the community are identified and considered.

As outlined in the previous report to Council, the Reference Group is to comprise active community members from the Lochinvar area (including residents outside the proclaimed Lochinvar Structure Plan boundaries), owners or their representatives of land within the Lochinvar area, Councillors and council officers as ex officio (i.e. only providing advice to the Reference Group). Appointment to the Reference Group is through self – nomination.

Members of the Reference Group would be required to abide by Council’s Code of Conduct, in relation to the principles of lawfulness, honesty and the exercise of reasonable care, as well as submitting a declaration of political donations.

A copy of the proposed terms of reference is attached, and it is recommended that these be adopted by Council for the purpose of the Lochinvar Urban Release Area Reference Group.

NOMINATIONS

A written invitation to participate in the Reference Group was distributed to all households in the Lochinvar area (approximately 320 addresses) as well as notice in the local newspapers. Eleven (11) formal nominations were received. A copy of each nomination form is attached.

In accordance with the Terms of Reference, there are three categories of members for the Lochinvar Urban Release Area Reference Group:

• Three (3) Councillors

• Three (3) residents of the Lochinvar or surrounding area

• Three (3) landowners or their representatives from the Lochinvar Urban Release Area

Residents

Eight (8) nominations were received in the category of residents. To achieve a manageable and practical working group, it is proposed that three (3) members be endorsed from this group, considering the selection criteria of interest in the Lochinvar area and previous planning studies, understanding of the local community concerns and commitment to achieving positive outcomes for Lochinvar:

• Ian Higgins –145 Station Lane

• Jennifer Schroeder – 148 Winders Lane

• Edwin Aird – 801 New England Highway



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Each nominee has lived in the Lochinvar area for some time, have experience in other committees or have actively participated in the planning processes for Lochinvar. These residents represent different locations in the Lochinvar area, including the Winders Lane area.

Landowners or representatives

Three (3) nominations were received in this category. It is proposed that all nominations be accepted as they represent the interests of several landowners and the majority of land (by area) in the Lochinvar Urban Release Area.

• Alan Wells - Wells Environmental Services, representing several landowners

• Peter Lawrence – Stocklands

• Craig White – Hunter Land

CONCLUSION The Lochinvar Urban Release Area Reference Group will play be important role in preparing suitable planning instruments and guidelines, which consider community and landowner expectations, as well as necessary environmental, social and economic concerns. Nominated members will bring various skills and perspectives to the group, and advise Council on matters relating to the Lochinvar Urban Release Area.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter. This group is not proposed to be formally constituted under the Local Government Act 1993.



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NOMINATIONS FOR LOCHINVAR REFERENCE GROUP

Terms of Reference for Lochinvar Urban Release Area Reference Group


Attachment No: 1

Number of Pages: 2



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NOMINATIONS FOR LOCHINVAR REFERENCE GROUP

Nomination Forms for Lochinvar Reference Group


Attachment No: 2

Number of Pages: 19



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10.5 REFORMS TO INFRASTRUCTURE LEVIES

File No: 103/41 Attachments: 1. Department of Planning Circular PS 08-017

2. Department of Planning Infrastructure Levies - Questions and Answers

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy

Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY On 17th December 2008, the Premier announced a package of reforms to the way that contributions from development in NSW are administered for State and local infrastructure. On 23rd December the NSW Department of Planning issued advice on the implementation of the reforms through Planning Circular PS-017 and question and answer sheets. Under the reforms, councils are required to provide existing contributions plans that would allow for contributions above a $20,000 per dwelling threshold to the Government for an evaluation of the plan. If the contribution plan is not provided to the Government for evaluation, council will be limited to charging the $20,000 per dwelling from 30 April 2009 onwards. The Thornton North Section 94 Contributions Plan 2008 currently levies $31,560 in developer contributions on a residential allotment or three (or more) bedroom dwelling. As the plan is consistent with the ‘key considerations for contributions’ it is recommended that the Thornton North Plan and its supporting documentation be provided to the minister for evaluation. Neither the Maitland Section 94 Contributions Plan Citywide 2006 nor the Maitland City Council Section 94A Levy Development Contributions Plan 2006 are affected by the reforms. OFFICER’S RECOMMENDATION THAT 1. Council note the changes to the State and local infrastructure levies. 2. That Council submits the Thornton North Section 94 Contributions Plan 2008 to the Minister for Planning for evaluation.


REFORMS TO INFRASTRUCTURE LEVIES (Cont.)

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INTRODUCTION On 17 December 2008, the Premier announced a package of reforms to the way that State and Local infrastructure levies are imposed on development in NSW. The major highlights of the reforms include;

• A change to the way that State infrastructure contributions are calculated, by removing rail infrastructure and bus subsidies.

• The deferral of the point at which developers pay the state infrastructure contribution to the point of sale of a new residential lot.

• The establishment of a $20,000 threshold above which local government contributions for individual residential dwellings may not be imposed except with the approval of the Minister for Planning.

• The evaluation of all existing local government contribution plans that would, if applied to a particular development, result in a contribution exceeding the $20,000 threshold per residential dwelling.

• The immediate cessation of water infrastructure levies imposed by Sydney Water and Hunter Water.

Planning Circular PS 08-017 and question and answer sheets released by the Department of Planning on 23 December 2008 (attached) have provided some further detail on the proposed reforms. STATE GOVERNMENT INFRASTRUCTURE CONTRIBUTIONS The current State levy framework includes recovery of train, road, bus subsidies, land for education, health and emergency service facilities, conservation and planning delivery. Currently, 75 per cent of the cost of state infrastructure is recovered through state levies with the remaining 25 per cent being funded by the Government. The payment of State infrastructure levies typically occurs before a developer generates any land / property sales. Under the reform package the costs of the construction and operation of rail infrastructure, bus subsidies as well as social infrastructure facilities such as schools and TAFEs, hospitals and emergency services will be borne by the Government. The Government contribution will also be increased from 25 per cent to 50 per cent for all levies that are paid before 30 June 2011. The timing of the payment of all State levies will be moved out to typically occur before the transfer of title from the developer to the purchaser. Whilst State government infrastructure levies apply to urban release areas within the Maitland LGA, these levies are administered by state government, and there is not expected to be any significant impact on Council from the proposed reforms. CHANGES TO LOCAL GOVERNMENT INFRASTRUCTURE CONTRIBUTIONS As part of the reforms to local government infrastructure contributions councils will be limited to charging a maximum of $20,000 for a typical residential dwelling in all new plans unless they have received the approval of the Minister for Planning



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following a detailed evaluation of the contribution and council’s broader infrastructure and asset management strategy. In the case of existing contribution plans councils will be required to provide any contributions plans to Department of Planning by 1 February 2009 that allow for a contribution for a residential dwelling that is more than the $20,000 threshold. These plans will be evaluated by a review panel to determine whether the contribution, if imposed, has given due consideration to the ‘key considerations for contributions’ under section 116D of the Part 5B to the EP&A Act, which will come into effect on commencement of the relevant provisions of the Amending Act. The following are the key considerations for development contributions for the purposes of this Part;

(a) Can the public infrastructure that is proposed to be funded by a development contribution be provided within a reasonable time?

(b) What will be the impact of the proposed development contribution on the affordability of the proposed development?

(c) Is the proposed development contribution based on a reasonable apportionment between existing demand and new demand for public infrastructure to be created by the proposed development to which the contribution relates?

(d) Is the proposed development contribution based on a reasonable estimate of the cost of proposed public infrastructure?

(e) Are the estimates of demand for each item of public infrastructure to which the proposed development contribution relates reasonable?

The review panel will be required to report to the Minister of Planning by 30 April 2009. The Minister will then give Council’s directions on whether their plan and consequently the contribution, needs to be amended. Should a council not provide its existing plan to the Department for evaluation, it will be limited to charging the $20,000 per residential dwelling from 30 April 2009 onwards. Contributions levied under the Maitland Section 94 Contributions Plan City Wide 2006 for a residential dwelling currently range from $11,397 to $15,137 and are subsequently not affected by these reforms. Maitland City Council Section 94A Levy Development Contributions Plan 2006 does not apply to residential dwellings and is also not affected by these reforms. The Thornton North Section 94 Contributions Plan 2008 currently levies $31,560 for a residential dwelling. Detailed technical / background studies have been undertaken to accurately determine the range of road and traffic infrastructure that will be needed to meet the demands of the new Thornton North population over the life of the plan. As the necessary upgrades to road and traffic facilities to service the Thornton North URA include major works to Raymond Terrace Road, a state road, these costs have been done in accordance with RTA requirements and have subsequently been endorsed by the RTA. Demand for services such as community facilities and recreation and open space have been determined having regard to existing Council standards and accepted practices. Land valuations have been undertaken by Councils consultant with costing schedules of the facilities provided in Councils Citywide Contributions Plan 2006-2016 Review of Open Space and



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Recreation. Contributions levied under the Thornton North Plan are both reasonable and affordable. It is therefore recommended that council provide the Thornton North Section 94 Contributions Plan 2008 and supporting documentation to Department of Planning for evaluation.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no direct policy implication.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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REFORMS TO INFRASTRUCTURE LEVIES

Department of Planning Circular PS 08-017


Attachment No: 1

Number of Pages: 4



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REFORMS TO INFRASTRUCTURE LEVIES

Department of Planning Infrastructure Levies - Questions and Answers


Attachment No: 2

Number of Pages: 6



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10.6 ALCOHOL FREE ZONE MAITLAND CENTRAL BUSINESS DISTRICT

File No: 21/44/1 Attachments: 1. Proposed Alcohol Free Zones, Maitland

Central Business District 2. Existing Alcohol Free Zones, Maitland Central

Business District Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Lynn Morton - Manager Community and Recreation Services

Author: Nicole Bennett - Community Planner Coordinator

EXECUTIVE SUMMARY The CBD Working Party of the Maitland Liquor Accord has submitted a proposal for a revised Alcohol Free Zone within the Maitland Central Business District. This report recommends that Council commence processes, in accordance with the Ministerial Guidelines of the Local Government Act 1993, Part 4 – Street Drinking, including Public Exhibition of the proposal. A further report would then come back to Council to enable a final resolution regarding the proposed changes. OFFICER’S RECOMMENDATION THAT 1. Council commence the required processes in accordance with the

Ministerial Guidelines of the Local Government Act 1993 Part 4 Street Drinking, including Public Exhibition, of the draft Alcohol Free Zone for Central Maitland (Attachment 1).

REPORT Background Information The reinstatement of Alcohol Free Zones within the Maitland Central Business District and Rutherford Mall were endorsed by Council on 23 January 2007. These Zones are enforceable until 4 February 2010 unless a submission for review is received, whereby Council is required to carry out processes in accordance with Ministerial Guidelines of the Local Government Act 1993 Part 4 Street Drinking before a further resolution regarding any changes can be made. The existing extent of the Alcohol Free Zone in Central Maitland is indicated on Attachment 2 to this report. Legislation A Council may resolve to declare an alcohol free zone under the Local Government Act 1993, Part 4 – Street Drinking. The establishment of an alcohol free zone is a


ALCOHOL FREE ZONE MAITLAND CENTRAL BUSINESS DISTRICT (Cont.)

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means by which a Council may prescribe the locations within an area where the consumption of alcohol is not permitted. In declaring an Alcohol Free Zone, the Act and Ministerial Guidelines require from Council the following steps: 1) Preparation of a proposal in conjunction with the local Police 2) Advertisement of the proposal in a local newspaper inviting objections and representations 3) A copy of the Proposal sent to (a) NSW Police (b) liquor licensees and registered clubs whose premises border on or adjoin or are adjacent to the proposed zone inviting representations or objections within 30 days 4) A copy of the proposal sent to organisations representing identifiable aboriginal or ethnic groups inviting representations or objections within 30 days. 5) Consider submissions received and resolve whether or not to establish a zone. In addition, to ensure the wider community has opportunity for input, Council can endorse Public Exhibition of the proposal. Maitland Central Business District (CBD) Working Party The Maitland CBD Working Party is a working group of the Maitland Liquor Accord with representation from Licensees and Registered Clubs within the CBD, Maitland Business Chamber, NSW Police, Maitland City Council, Australian Hotel Association and Member of Parliament. At a CBD Working Party meeting on 21 January 2009 it was resolved to “ request Council to consider the new draft alcohol free zone for Central Maitland as per Attachment 1.”

CONCLUSION The submission from the Maitland CBD Working Party is sufficient cause for Council to commence processes under Ministerial Guidelines of the Local Government Act 1993 Part 4 Street Drinking.

In addition, Council’s endorsement of Public Exhibition of the proposal, will ensure opportunity for the wider community, to include owners of accessible private land within the proposed Zones, to have representation.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates.



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POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS If endorsed by Council, the processes implemented will be in accordance with the Ministerial Guidelines of the Local Government Act 1993 Part 4 Street Drinking.



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ALCOHOL FREE ZONE MAITLAND CENTRAL BUSINESS DISTRICT

Proposed Alcohol Free Zones, Maitland Central Business District


Attachment No: 1

Number of Pages: 1



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ALCOHOL FREE ZONE MAITLAND CENTRAL BUSINESS DISTRICT

Existing Alcohol Free Zones, Maitland Central Business District


Attachment No: 2

Number of Pages: 1



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ORDINARY MEETING 27 JANUARY 2009

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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS

11.1 TEMPORARY ROAD CLOSURE - GLENARVON ROAD (FOR THIRD RIVER CROSSING PROJECT)

File No: 122/940 Attachment/s: 1. Temporary Road Closure Detail Plan 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 The RTA proposes a temporary road closure of Glenarvon Road during the construction phase of the Third River Crossing project. The extent of the temporary road closure planned is from 299 Glenarvon Road Lorn to 394 Glenarvon Road Largs, as shown in the attachment. The report details traffic management and administration of traffic during the construction phase of the project. OFFICER’S RECOMMENDATION THAT the temporary road closure be approved as proposed by the Roads and Traffic Authority, and Council request the RTA to: 1. undertake all public consultation associated with temporary closure of

roads, proposed detour route, and maintaining local access arrangements, and

2. organise for all traffic control signage and traffic control devices associated with temporary closure of roads, proposed detour route, and maintaining local access arrangements for residents and businesses.

REPORT

The RTA proposes a temporary road closure of Glenarvon Road during the construction phase of the Third River Crossing project. The extent of the temporary road closure planned is from property number, 299 Glenarvon Road, to property number, 394 Glenarvon Road, as shown in the attachment. The detour route associated with the proposal will direct traffic from Largs and beyond to use Paterson Road. Local access for local residents and businesses directly affected will be maintained, and consultation for the proposed closure will occur prior to the works. Access for the contractor would be via Paterson Road and Flat Road on the northern side, and Melbourne Street and Pitnacree Road on the southern side. Access to the site using Glenarvon Road north and south of the project will be prohibited.


TEMPORARY ROAD CLOSURE - GLENARVON ROAD (FOR THIRD RIVER CROSSING PROJECT) (Cont.)

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From Council’s perspective it is considered appropriate that the RTA manage the following:

1. undertake all public consultation associated with temporary closure of roads, proposed detour route, and maintaining local access arrangements

2. organise for all traffic control signage and traffic control devices associated

with temporary closure of roads, proposed detour route, and maintaining local access arrangements for residents and businesses

As part of the project management the request would also include management of the following Council requirements:

3. require the contractor to undertake a dilapidation report survey including a

video record of the condition of Pitnacree Road through the village prior to the works.

4. the contractor being responsible for rectifying all damage that can be

demonstrated to be caused by the works. Tenders close for the Hunter River Crossing project in February 2009.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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Assets and Infrastructure Planning Reports

TEMPORARY ROAD CLOSURE - GLENARVON ROAD (FOR THIRD

RIVER CROSSING PROJECT)

Temporary Road Closure Detail Plan


Attachment No: 1

Number of Pages: 1



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11.2 HOT ROD AND MOTORBIKE DISPLAY - JOHN STREET EAST MAITLAND TEMPORARY ROAD CLOSURE

File No: 140/5 Attachments: 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 The local Gladiators motorbike club are seeking Council approval for a temporary road closure of a section of John Street East Maitland to vehicular traffic during a hot rod and motorbike display to be held on 28 February 2009 in front of Maitland Gaol. OFFICER’S RECOMMENDATION THAT John Street East Maitland be temporarily closed to vehicular traffic only between the Morpeth Road roundabout and the eastern access road of the car park south of John Street. The temporary road closure will be in effect from 10.00am to 6.00pm on Saturday 28 February 2009. REPORT The event ‘Gaolbreak 2009’ proposed is for a hot rod and motorbike display on John Street, and event activities within Maitland Gaol. Maitland Gaol tourism office has also received a request to hold activities within the gaol grounds. John Street, a local access street, has the gaol to the north and Anzac Park to the east. This street has recently been used to hold the Bitter and Twisted Beer Festival on 1-2 November this year. A temporary closure of John Street, directly past the main entrance to the gaol, is necessary to enable safe pedestrian movement between on-street event activities and the gaol activities. Parking for the event will be provided on John Street and within the Maitland Gaol car park. Car parking should generally be adequate to accommodate the event participants as many will travel by motorbike. Entry and exit access to these parking areas will be via the entry point at the southern end of King Street.

The traffic management measures will include detour signage and directions for off-street car parking on the adjacent main road (Morpeth Rd/Melbourne Street), and barricades on the local access street (John Street).


HOT ROD AND MOTORBIKE DISPLAY - JOHN STREET EAST MAITLAND TEMPORARY ROAD CLOSURE (Cont.)

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It is proposed to temporarily close John Street East Maitland to vehicular traffic from 10.00am to 6.00pm on Saturday 28 February 2009. The temporary closure will extend from the Morpeth Road roundabout to the eastern access road of the car park south of John Street. The standard newspaper advert inviting public comment regarding the special event and temporary road closures was printed in the Maitland Mercury on 6 and 10 November 2008. Closing date for submissions was 5 December 2008. No submissions were received. CONCLUSION This event is over one day only and is located on a local access street in the area. The traffic management measures will include detour signage and directions for off-street car parking on main roads (Morpeth Road/Melbourne Street), and barricades on the local access street (John Street).



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11.3 DRAFT LOCAL TRAFFIC COMMITTEE MINUTES FOR DECEMBER 2008

File No: 140/5 Attachments: 1. Local Traffic Committee Minutes 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 Draft minutes of Maitland City Council’s Local Traffic Committee meeting held Thursday 4 December 2008 are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee meeting to be held Thursday 5 February 2009. OFFICER’S RECOMMENDATION THAT the information contained in this report be noted. REPORT The draft minutes of Maitland City Council’s Local Traffic Committee meeting held Thursday 4 December 2008 are attached for Council’s information. These draft minutes will be adopted at the next Local Traffic Committee meeting to be held Thursday 5 February 2009. The matter of making representation to the Minister regarding the upgrading of the Maitland Railway Station carpark (Agenda Item 2.1) will be the subject of a separate report to Council. FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.


DRAFT LOCAL TRAFFIC COMMITTEE MINUTES FOR DECEMBER 2008 (Cont.)

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DRAFT LOCAL TRAFFIC COMMITTEE MINUTES FOR DECEMBER 2008

Local Traffic Committee Minutes


Attachment No: 1

Number of Pages: 4



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11.4 RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)

File No: 48/2 Attachments: 1. Existing Retail Charges

2. Proposed Retail Charges Responsible Officer: Chris James - Acting General Manager Author: Chris James - Acting General Manager

EXECUTIVE SUMMARY Council is a customer of the NSW Governments Electricity Contract 777 due to expire on 30th June 2009. The NSW Procurement Department of Commerce (State Contracts Board) has elected to extend the contract. Council has been given an opportunity to sign up for this new contract. This report recommends that the Council accept the offer. OFFICER’S RECOMMENDATION THAT 1. Council enter into a new Electricity Supply Agreement Contract No

069/777 with Energy Australia for the supply of Large Sites Electricity to June 2010 as detailed in this report.

REPORT The purpose of this report is advise Council that the NSW Procurement Department of Commerce (State Contracts Board) has elected to extend the current contractual agreement for Contract 777 – Large Sites Electricity to June 2010. Council has been given the opportunity to extend its current contract for a further twelve months. The subscription for this extension is only open till 30 January 2009.

Council’s current energy arrangements are as follows

1. Contract 777 for Large Sites consuming energy greater than 160 MWh per annum made of the following

• Contract for large sites, being Councils Administration Building, Council Depot, Maitland Library, Maitland Park and Maitland Gaol with an energy consumption of approximately 1100 MWh pa

• Contract for street lighting with an energy consumption of approximately 3,400 MWh

2. Councils small sites consuming energy less than 160 MWh per annum. There are approximately 100 small sites with an energy consumption of approximately 850 MWh pa


RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA) (Cont.)

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BACKGROUND

Council has considered a number of reports on electricity supply and resolved at its meeting of 11 December 2007 that

Council include the small sites electricity supply in the large site electricity supply tender when tenders are called in June 2009.

This decision was principally based on the premise that it is considered more advantageous to combine the tender for small sites with the large sites (when the large site tender expires) to obtain the best value for money from any prospective supplier

At the time Council considered the above report it was assumed that the uncertainty surrounding the electricity industry in NSW would have been resolved and it was planned that a report would be brought back to Council early in 2009 confirming or otherwise that competitive tendering for all of Councils energy needs was still appropriate course of action. The strategy was for Council to be better informed customer by seeking prices for all Councils energy needs from the market by June 2009. Council could then compare these rates against the State Procurement Contract rates and other spot market rates or offers.

The extension offer from Energy Australia has added a layer of complexity to the issue that needs to be addressed.

In summary the position is

• The current contract is for a three (3) year period, 1/07/06 to 30/06/09.

• The extension to the contract is for a one (1) year period 1/07/09 to 30/06/10

• The opportunity to take advantage of the extension offer has to be made by 30th January 2009. The contract carries a limited load and after this date Council will not be able to secure the rates under this contract

• Should Council fail to enter into another contract by 30th June 2009 it may have to pay default rates, which in some cases could be more expensive.

• It is understood that one of the reasons for an extension of the contract for a one year period is because of the uncertainty of the cost of the proposed Carbon Emissions charges being introduced by the Federal Government on the 1st July 2010 and how they will be applied.

• Council can continue to seek alternative prices in the market place for a 3 year period from 30th June 2009, however it is virtually impossible to predict the market interest and potential rates due to the volatility and uncertainty that currently exists in the industry.

Electricity Charge Rate Comparisons

An electricity account for a large site is made up of a total of 4 charges, namely energy, network, market and other. The contract rates apply only to the energy charges. In a street lighting account for example energy comprises about 50 % of



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the total. The following tables are provided to show the approximate cost impacts of the rates increase and to assist in quantifying the amount at potential risk.

Conventional Energy

Time Period

Existing c/kWh

Proposed c/Kwh

% Increase

Existing Energy Cost $ based on

1100 MWh pa and assumed split of 40% Peak 60%

Shoulder

Proposed Energy Cost $ based on

1100 MWh pa and assumed split of 40% Peak 60%

Shoulder

Peak 5.936 8.6532 46 26118 38074

Shoulder 5.5 8.6532 57 36300 57111

Off Peak 2.725 3.3793 24

$62418 $95185

Increase of $32767

Street Lighting

Time Period

Existing c/kWh

Proposed c/Kwh

% Increase

Existing Energy Cost $ based on 3400 MWh pa (See note)

Proposed Energy Cost $ based on 3400 MWh pa (see note)

Peak 3.316 8.6532 61 13421 35024

Shoulder 3.316 8.6532 61 13421 35024

Off Peak 3.316 3.3793 2 85900 87540

$112742 $157588

Increase of $44846

Note: assumed weekly split of 10 hrs Peak, 10 hrs Shoulder and 64 hours Off peak

The total increase is of the order of $80,000. Essentially the options for Council are the choice between a known and unknown cost. The rates Council may be able to secure through a tender process before June 2009 are unknown however it is safe to assume that they will be more than our current contract rates. NSW Procurement also points out in documentation regarding the proposal that “whilst this arrangement will see some increased costs, they will be significantly less than those expected to be paid outside of this contract”



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If Council does not take up the offer then it is exposed to the market for 2009/2010 without the ability to access State Contracts rates. Given the negotiating power of the State Contracts Board it is considered highly unlikely that Council could obtain a better rate for the next twelve months. And Furthermore because of the uncertainty surrounding impacts of pricing after 2010 it is difficult to be assured that longer term contracts will be available. Accordingly is considered an appropriate course of action in the interim is to

1. Accept the contract extension for assured of supply at a known rate for 1 year;

2. Continue with calling of tenders for supply of electricity with supply to be from 2010. This will ensure Council has an indication the market pricing before June 2010.

CONCLUSION The national electricity market continues to be affected by volatile prices resulting from high demand and uncertainty over the future cost implications of Carbon Emission charges. This is highlighted by the short term contracts that are being offered instead of the customary 3 year contracts. The recommended course of action still allows Council to test the electricity market with the ability to budget accurately for the next 12 months.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget. The impact on forward estimates can be considered as part of the preparation of the 2009/10 Management. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)

Existing Retail Charges


Attachment No: 1

Number of Pages: 1



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RENEWAL OF RETAIL ELECTRICITY SUPPLY AGREEMENT (RESA)

Proposed Retail Charges


Attachment No: 2

Number of Pages: 1



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12 FINANCE AND ADMINISTRATION REPORTS

12.1 MAITLAND TOURISM ADVISORY GROUP

File No: 139/15 Attachment/s: 1. Advertisement for Nominations for the

Maitland Tourism Advisory Group Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Rachel MacLucas - Manager Tourism

EXECUTIVE SUMMARY The purpose of this report is to inform Council of nominations received in relation to membership of the Maitland Tourism Advisory Group. OFFICER’S RECOMMENDATION THAT 1. That the Maitland Tourism Advisory Group meet on a bi-monthly basis to

inform the progress of tourism strategy for the City 2. Membership of the Advisory Group as detailed in the report be confirmed REPORT The Maitland Tourism Advisory Group was created to inform the development and implementation of tourism strategy for the City. Membership of the Group is for the term of the Council.

The role of MTAG

The role of the advisory group is to provide input to and feedback on strategies and initiatives relating to tourism strategy and product development for the City. Its role is unambiguously about the “big picture” of tourism not day to day operational matters or individual decisions about resource allocations. These latter matters are properly the role of staff who operate within the accountability mechanisms and management planning structures of Council. Such an approach maximises the contribution of the group and helps – given the commercial interest of the majority of members – provide a buffer between business involvement and strategic input. Membership At the Council meeting of 26 April 2005 membership of the advisory group was amended from being granted to an individual to being granted to a company or organisation. This change in structure facilitated the ongoing attendance of members at meetings by providing them with the capacity to rotate personnel involved should the demands of business preclude an individual’s attendance.


MAITLAND TOURISM ADVISORY GROUP (Cont.)

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During November 2008, nominations were called for the Maitland Tourism Advisory Group. The advertisement was in the Maitland Mercury and all tourism operators in Maitland were emailed on the 18th November 2008 and a newsletter on the 27th November 2008, seeking nominations to the Group. A copy of the advertisement is attached. Six nominations were received. They were:

• Jennifer Aitchison – Northern Highland Travel • Vicki Woods – Bushrangers Bar & Brasserie / Largs Hotel • Graeme Levick – Morpeth Wine Cellars • Lisa Webb – Princess Bazaar • Graham Farish – The Bradford • Lee Bennett – Quest Apartments

These nominations represent a diverse range of backgrounds and would – if confirmed – ensure input from the accommodation, attraction, retail, dining and touring sectors with business representation from across the City as a whole. It is therefore suggested that the following comprise membership of the Maitland Tourism Advisory Group for the term of the Council:

• Councillor Stephen Mudd, Mayor’s representative • Cr Peter Garnham, Hunter Valley Steamfest • Maitland Chamber of Commerce • A representative of:

- Northern Highland Travel - Bushrangers Bar & Brasserie / Largs Hotel - Morpeth Wine Cellars - Princess Bazaar - The Bradford - Quest Apartments

• Rachel MacLucas, Manager Tourism and Graeme Tolhurst, Group Manager, Finance and Administration, as ex-officio members

CONCLUSION The Maitland Tourism Strategic Plan Framework 2010 – 2012 will be developed in the first half of 2009. The Maitland Tourism Advisory Group will have an important role to play in advising the development and implementation of this Plan and as such confirmation of the above membership is strongly recommended.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council.



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Finance and Administration Reports

MAITLAND TOURISM ADVISORY GROUP

Advertisement for Nominations for the Maitland Tourism Advisory Group


Attachment No: 1

Number of Pages: 1



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12.2 STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2008

File No: 82/2 Attachments: 1. Investment Summary - 31 December 08 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. REPORT There was little optimism in the financial markets to close out 2008 and little sign of improvement in the credit market despite monumental handouts and bailouts by governments around the world. This ongoing uncertainty continues to affect the market valuations of Council’s investments. Council’s investments are purchased as buy and hold investments. As such there is no realised loss, regardless of any changes to the market value, unless Council were to sell the investment or the investment were to default.

During December, Council was directly impacted by the credit crisis with the default of its Momentum Europe 2007-7 CDO and subsequent loss of capital in the amount of $500,000. This issue has been addressed in a separate report to Council at this meeting.

If the current market trends continue, it should be anticipated that there will be further credit rating downgrades of some of Council’s investments, with further declines in current valuations and the likely default of the Credit Linked Asset Prepackagings (CLEAR) PLC Series 34 CDO in the amount of $500,000. At this stage, however, this investment continues to pay interest in excess of the current cash rate.

Council should also be aware that on 12 October 2008, the Commonwealth Government commenced a scheme to protect depositors in authorised deposit-taking institutions (ADI’s). Up until the 28 November 2008, all deposits carrying the government guarantee were free of charge. From this date, the Commonwealth Government has issued a guarantee of deposits at ADIs up to $1 million per depositor in any one ADI. The guarantee will remain until 12 October 2011. Depositors with more than $1 million in deposits at a particular ADI will be able to access the guarantee by paying the applicable fee, ranging from 0.7% to 1.5%, depending on the rating of the ADI involved. The guarantee applies to a wide range


STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2008 (Cont.)

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of deposits, including call accounts, transaction accounts, cash management accounts and term deposits, but does not apply to more complex investments such as collateralised debt obligations (CDO’s) and floating rate notes (FRN’s). It was decided at Council’s Investment Strategy Group meeting on 28 November 2008, in conjunction with Council’s investment advisors, that at this present time the investment strategy will be to invest in term deposits or bank bills with the major Australian authorised deposit-taking institutions, namely; the Commonwealth Bank of Australia (CBA), ANZ Banking Group, the National Australia Bank, Westpac Banking Corporation, Bank of Western Australia (Bankwest) and St George Bank.

Given the changes and uncertainty in the current investment market the Investment Strategy group will look at reviewing Council’s current investment policy and prepare a report to be presented in Council.

It was also decided that by taking this conservative approach and investing with highly regarded and recognised institutions, Council will not need to obtain the government guarantee on such deposits. The Australian financial institutions named above are heavily regulated by The Australian Prudential Regulation Authority (APRA) and as such Council’s investment advisors feel comfortable with Council placing short term deposits with these institutions without opting to pay for the government guarantee. If Council were to invest with an institution not named above then it would endeavour to ensure the deposit was government guaranteed.

Council’s investment advisors continue to indicate the following:

(a) Categories 1 – 3: (Asset Backed Securities, Credit Linked Note Investment Group (Stock Exchange) and Credit Linked Note Investment Group) Given the current market, selling these investments is not a viable option as this would crystallise losses which otherwise may be avoided if the investments are held to maturity.

(b) Categories 4-7: (Floating Rate Note Investment Group, Pooled Managed Investment Group, Term Investment Group and On-call Account) Although the market valuations will continue to fluctuate on a month to month basis, it is expected that all of Council’s capital will be returned on maturity.

In these continuing times of market decline, Council will maintain a conservative and prudent investment strategy aimed at protecting its capital as opposed to generating high interest revenue.

Council’s investment portfolio is being monitored closely during these uncertain times, with all relevant information being disclosed to Council as it unfolds.

Please find attached:

• Summary of Investments as at 31 December 2008 - Table




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POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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STATEMENT OF INVESTMENTS AS AT 31 DECEMBER 2008

Investment Summary - 31 December 08


Attachment No: 1

Number of Pages: 5



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Summary of Investments: 1. Asset Backed Securities

Investment Purchase Date

Maturity Date

Original Standard & Poors Rating

Current Standard &

Poors Rating

Face Value Market

Value as at December

2008

Reset / Coupon

Date

Current Coupon Interest

Rate

See Note

Credit Linked Asset Prepackagings PLC Series 34

2 Apr 07 21 Mar 12

AA CCC- 500,000 4,471 20 Dec 08 4.31% 2 & 6

TOTAL 500,000 4,471 2. Credit Linked Note Investment Group (Stock Exchange) (CDOs)


Maturity Date


Current Standard &

Poors Rating

Face Value Market


2008

Reset / Coupon

Date


Rate

See Note

Generator Income Note

8 Apr 05 10 Oct 11 AAA AAA 1,000,000 200,000 8 Jan 09 2.02% 2 & 5

TOTAL 1,000,000 200,000



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3. Credit Linked Note Investment Group (CDOs)


Maturity Date


Current Standard &

Poors Rating

Face Value Market


2008

Reset / Coupon

Date


Rate

See Note

Thunderbird Investments PLC Series 3 Class B

12 Mar 04 4 Mar 09 AA AA 1,500,000 1,490,655 4 Mar 09 5.88% 2

Select Access Investments 2005-4

14 Jun 05 14 Oct 10 AAA AAA 500,000 416,175 16 Mar 09 5.31% 2

Magnolia Finance PLC 2005-14

27 Jun 05 20 Mar 12

AA AA 1,500,000 1,030,174 20 Mar 09 5.7467% 2

TOTAL 3,500,000 2,937,004



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4. Floating Rate Note Investment Group


Maturity Date


Current Standard &

Poors Rating

Face Value Market


2008

Reset / Coupon

Date


Rate

See Note

Westpac Banking Corporation Subordinated Debt

13 Nov 07 16 Nov 10

AA- AA- 2,000,000 1,882,880 16 Feb 09 4.8633% 2

Bendigo Bank Subordinated Debt

14 Nov 07 9 Nov 12 BBB+ BBB 900,000 728,964 9 Feb 09 6.1483% 2

Maitland Mutual Building Society Subordinated Debt

31 Dec 07 31 Dec 12

N/A N/A 2,000,000 1,482,652 31 Mar 09 5.15% 2 &4

Westpac Banking Corporation Subordinated Debt

7 Mar 08 24 Jan 12 AA- AA- 1,000,000 906,725 27 Jan 09 6.16% 2

HSBC Bank Australia Sub Debt

14 Mar 08 15 Mar 13 AA- AA- 1,000,000 906,750 16 Mar 09 6.71% 2

ANZ Banking Group

22 Apr 08 22 Apr 13 AA AA 500,000 494,737 22 Jan 09 7.13% 2

Holiday Coast Credit Union Sub Debt

26 May 03 16 Apr 13 N/A N/A 500,000 410,870 16 Jan 09 9.45% 2 & 4

Commonwealth Bank of Australia

24 Jun 08 24 Jun 11 AA AA 500,000 492,380 24 Mar 09 4.915% 1

TOTAL 8,400,000 7,305,958



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5. Pooled Managed Investment Group


Maturity Date


Current Standard &

Poors Rating

Face Value Market


2008

Reset / Coupon

Date


Rate

See Note

LGFS Fixed Out-Performance Cash Fund

N/A N/A AA- AA- 4,300,394 4,300,394 N/A 5.64% 1

TOTAL 4,300,394 4,300,394 6. Term Investment Group


Maturity / Rollover

Date


Current Standard &

Poors Rating

Face Value Market


2008

Maturity / Rollover

Date


Rate

See Note

Bank of Western Australia

29 Aug 08 25 Feb 09

A-1 A-1+ 500,000 515,834 25 Feb 09 7.80% 3

Maitland Mutual Building Society

3 Nov 08 2 Feb 09 N/A N/A 400,000 405,585 2 Feb 09 7.20% 3 & 4

Maitland Mutual Building Society

27 Nov 08 27 Feb 09

N/A N/A 1,000,000 1,010,738 27 Feb 09 7.00% 3 & 4

Bank of Western Australia

1 Dec 08 4 Mar 09 A-1+ A-1+ 1,000,000 1,007,213 4 Mar 09 5.75% 3

Macquarie Bank Limited

8 Dec 08 9 Mar 09 A-1 A-1 2,500,000 2,517,435 9 Mar 09 6.00% 3

Westpac Banking Corporation

11 Nov 08 11 Feb 09

A-1+ A-1+ 1,000,000 1,011,353 11 Feb 09 6.50% 3

TOTAL 6,400,000 6,468,158



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7. On-call Account


Maturity Date


Current Standard &

Poors Rating

Face Value Market


2008

Reset / Coupon

Date


Rate

See Note

Commonwealth Bank Cash Deposit Account

N/A N/A AA- AA- 5,932,000 5,932,000 N/A N/A 1

TOTAL 5,932,000 5,932,000

GRAND TOTAL $30,032,394 $27,147,985 Notes: 1. These funds are not held on a fixed term. The funds are redeemed as and when required. Hence these investments do not have a market value that differs from the face value invested. Council would receive all of its capital back if it was to completely redeem these investments. 2. The interest rate shown applies for the period ending on the current coupon reset date. The interest rate will then reset for the next term based on current BBSW (Bank Bill Swap Rate). These investments can be sold within 3 days at prevailing market prices. The market price can fluctuate on the face value of the investment. Therefore regardless of any changes to market value, there is no realised loss as Council continues to hold the investment to maturity. Given the current market values it would be unwise to crystallise the loss by selling these investments. 3. Term deposit required to be held to maturity. 4. Building Societies and Credit Unions are not rated by Standard & Poor’s, however these investments are issued by authorised deposit-taking institutions (ADIs) as defined by the Banking Act 1959 (Cwth). As such these investments are made in accordance with the order of the Minister regarding investments for the purpose of Section 625 (2), subsection (d) of the Local Government Act 1993. 5. Generator Note – The interest rate shown reflects the reduced rate of 2.02% as a direct result of the Lehman Brothers credit event and subsequent further credit events affecting the income component of this security. This is a reduction from the original interest rate of 9.7% (for the quarter ended October 08). 6. If current market trends continue, this investment is at risk of default. Currently this investment continues to deliver a high, consistent income stream in line with Council’s original investment objectives.


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12.3 DEFAULT ON MOMENTUM 2007-7 CDO INVESTMENT

File No: 82/2 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and


EXECUTIVE SUMMARY Council has received notification that one of its CDO investments, being the Momentum Europe 2007-7 CDO in the amount of $500,000, has defaulted as a consequence of the global credit crisis. OFFICER’S RECOMMENDATION THAT 1. The report be received and noted. 2. A reduction in interest income of $15,000 be addressed as part of the

2008/09 Quarterly Budget Review process. REPORT As Council has previously been advised in the monthly Statement of Investments reports, there was significant risk of default on both the Momentum Europe 2007-7 CDO and the Credit Linked Asset Prepackagings (CLEAR) PLC Series 34 CDO investments if the current market conditions were to continue. Council has now received notification that the Momentum Europe 2007-7 CDO security, in the amount of $500,000, defaulted on 23 December 2008 as a result of multiple credit events within the portfolio as a consequence of the global financial crisis.

The level of subordination on this security was affected by a number of credit events that occurred with the underlying entities. The recovery rates on the underlying credit events, particularly Lehman Brothers and Washington Mutual Inc, were quite low, causing rapid erosion of the subordination on this security.

On 23 December 2008, Council received its final quarterly interest coupon payment on the Momentum Europe 2007-7 security. The default has now resulted in Council losing its capital of $500,000. Given that this investment was not due to mature until 30 June 2012, at which time the principal of $500,000 would have been returned to Council, the only financial implication for the 2008/09 financial year is the loss of interest revenue for the remainder of the financial year, amounting to approximately $15,000.

FINANCIAL IMPLICATIONS Due to the default of the Momentum Europe 2007-7 CDO security, interest income in the amount of approximately $15,000 will be forgone in the 2008/09 financial year. This will be addressed as part of the Quarterly Budget Review process.


DEFAULT ON MOMENTUM 2007-7 CDO INVESTMENT (Cont.)

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An adjustment will be made in Council’s financial statements in 2008/09 to reflect the default of this investment, however, the full impact of the loss of capital, in the amount of $500,000, will not be felt until the 2011/12 financial year. This being the year that the investment was to mature and be redeemed by Council. The loss will also result in a reduction of interest revenue which will be taken into account when preparing future budgets. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.


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12.4 PURCHASE OF LAND AT RUTHERFORD FROM ANAMBAH HOMES PTY LTD FOR PUBLIC RECREATION

File No: P44890 Attachments: 1. Location Plan Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Frank Shrimpton - Property/Risk Coordinator

EXECUTIVE SUMMARY Council entered into a Planning Agreement with Anambah Homes Pty Ltd on 7 August 2008 to give effect to planning requirements, specific works and the provision of public recreation land within Precinct 19 of the Anambah View Estate at Rutherford. The Planning Agreement provides for the acquisition by Council of 3.866 hectares of land for public recreation by way of purchase from Anambah Homes Pty Ltd for $260,000 plus GST. OFFICER’S RECOMMENDATION THAT 1. Council acquire the proposed Lot 1915 off Denton Park Drive Rutherford

for $260,000 plus GST. 2. The acquisition costs be provided from funds held under section 94 of the

Environmental Planning and Assessment Act 1979. 3. On acquisition the land be classified “community land” under section 31

(2) of the Local Government Act 1993. 4. The Common Seal of Council be affixed to the purchase and land transfer

documents as required. REPORT On 27 November 2007 Council resolved to approve a Development Application (DA06-3605) for a 14 lot subdivision off Denton Park Drive Rutherford, subject to deferred consent, and subject to Anambah Homes Pty Ltd entering into a draft Planning Agreement with Council to give effect to certain conditions of consent.

The Planning Agreement was executed on 7 August 2008 and as well as requiring specific works, it also provided for the sale to Council of 3.866 hectares of land off Denton Park Drive Rutherford for public recreation at a price of $260,000 plus GST. The purchase price is described in the Planning Agreement as “considerably below the current market value of the Designated Land”.

The land to be acquired provides for a path/cycleway linking Joshua Close, Adam Avenue and Denton Park Drive. The path/cycleway has been constructed and the land to be acquired will be described in a new plan of subdivision as Lot 1915.


PURCHASE OF LAND AT RUTHERFORD FROM ANAMBAH HOMES PTY LTD FOR PUBLIC RECREATION (Cont.)

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The Planning Agreement did not remove any obligations under section 94 of the Environmental Planning and Assessment Act, 1979 and it is therefore appropriate to fund the purchase of the land from funds held under section 94.

Section 31 (2) of the Local Government Act 1993 provides that a Council may classify land being acquired as either “operational land” or “community land”. As the land is being purchased for public recreation purposes Council should resolve to classify the land as “community land” under the provision of section 31

CONCLUSION The purchase of the subject land is an obligation on Council by virtue of the Planning Agreement entered into to give effect to the conditions of consent of the Development Application. The purchase of the land and the related resolutions are therefore recommended to Council.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The funding for this purchase is available in funds reserved from section 94 contributions. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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PURCHASE OF LAND AT RUTHERFORD FROM ANAMBAH

HOMES PTY LTD FOR PUBLIC RECREATION

Location Plan


Attachment No: 1

Number of Pages: 1



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12.5 EASEMENT IN FAVOUR OF ENERGY AUSTRALIA RE EXTENSIONS TO MAITLAND REGIONAL ART GALLERY

File No: P17391 Attachments: 1. Location Plan

2. Energy Australia Plan showing location of easement.

Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration

Author: Frank Shrimpton - Property/Risk Coordinator

EXECUTIVE SUMMARY The extensions to the Maitland Regional Art Gallery require the provision of a new electricity substation and associated cabling. Energy Australia requires an easement and a right of access to protect the infrastructure and to permit access for servicing the equipment. OFFICER’S RECOMMENDATION THAT 1. Council approve the provision of a registered easement in favour of

Energy Australia over Lot 1 DP 581007 for the location of underground electricity cabling.

2. Council authorise Energy Australia to use the existing right of way from James Street behind Lot 1 DP 581007 to access the substation for any purpose associated with the provision of the electricity supply and with the construction and maintenance of the substation.

3. Council execute the required Deed of Agreement for Easement with Energy Australia.

4. The Common Seal of Council be applied to the Deed of Agreement and easement registration documents as required.

REPORT An upgraded electricity supply has been included in the planned extensions currently being built for the Maitland Regional Art Gallery (MRAG) on Lot 1 DP581007.

The new supply will include underground cabling from the existing service in James Street to a new substation to be built in the grounds of the MRAG.

In order to provide the supply and maintain the infrastructure, Energy Australia (EA) requires an easement to protect the cabling location and a permanent access to the substation for maintenance and monitoring of supply.

The design for the new supply permits the cabling and substation to be installed without disturbance to any existing structures and therefore the provision of the


EASEMENT IN FAVOUR OF ENERGY AUSTRALIA RE EXTENSIONS TO MAITLAND REGIONAL ART GALLERY (Cont.)

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easement does not present any site difficulties and will not inhibit the planned functions of the site.

Subject to a final survey the easement off James Street will be between 2 and 4 metres wide and an area of 3.5 metres by 5.3 metres will be provided for the substation.

Energy Australia has a standard Deed of Agreement in regard to the provision of easements and Council will be required to enter into such Deed. The terms of the Deed will provide Energy Australia with the required protection of their assets and the right to construct, maintain and inspect the assets on Council land.

An existing right of carriageway runs from James Street on private land behind the MRAG. The transfer of title creating the right of way permits the use of the carriageway by any person authorised by Council.

Therefore, full use of the right of carriageway can be given to EA by written approval from Council. The right of way provides vehicle access to the MRAG grounds and will satisfy Energy Australia’s access requirements.

As this is a private supply of electricity Council will have to meet all costs.

CONCLUSION The electricity upgrade is a necessary part of the building programme and the provision of the easement and access is the usual course of action taken by Energy Australia when underground cabling and a substation is required.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council's adopted budget or forward estimates. The building works and associated services have been provided for in the current Management Plan. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.



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EASEMENT IN FAVOUR OF ENERGY AUSTRALIA RE EXTENSIONS TO

MAITLAND REGIONAL ART GALLERY

Location Plan


Attachment No: 1

Number of Pages: 1



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EASEMENT IN FAVOUR OF ENERGY AUSTRALIA RE EXTENSIONS TO MAITLAND

REGIONAL ART GALLERY

Energy Australia Plan showing location of easement.


Attachment No: 2

Number of Pages: 1



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12.6 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

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

Administration Author: Matthew Ryan - Corporate Documents Coordinator

EXECUTIVE SUMMARY A review has been undertaken of the Payment of Expenses and Provision of Facilities to Councillors. Council resolved at its meeting held on 25 November 2008 to place the draft policy on public exhibition for a period of 28 days to allow the public to comment. OFFICER’S RECOMMENDATION THAT 1. The current policy be rescinded. 2. The draft amended policy “Payment of Expenses and Provision of

Facilities to Councillors” be adopted and placed in Council’s Policy Register.

3. The Policy becomes effective from 1 February 2009. REPORT A review has been undertaken of the Payment of Expenses and Provision of Facilities to Councillors. The amendments to the current policy are described as follows;

• Provision of Equipment

(v) A telephone/facsimile transmission device (FAX) with installation (at your 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 (previously $90 per month) Deputy Mayor: Up to $90 per month (previously $80 per month) Councillor: Up to $80 per month (previously $70 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 $80 per month (previously $60 per month).


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

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Council resolved at its meeting held on 25 November 2008 to place the draft policy on public exhibition for a period of 28 days to allow the public to comment. Council did not receive any submissions in relation to the draft policy.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS The draft policy will be adopted by Council and included into Council’s Policy Register. STATUTORY IMPLICATIONS The Payment of Expenses and Provision of Facilities to Councillors policy has been amended in accordance with the provisions of Section 252 (4) of the NSW Local Government Act 1993.



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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO

COUNCILLORS

Draft Policy


Attachment No: 1

Number of Pages:



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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:

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:



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• Conference (including the Annual LGA Conference) and seminars • 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



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• Educational and promotional material and gifts

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;



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

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 $80 per month. Where a Councillor opts to utilise his/her own personal mobile telephone for Council business, Council will meet such costs up to $100 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.



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(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.

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’



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or ‘agreed insurance value’ of the motor vehicle. Generally this will be the amount of any unrecoverable insurance policy excess.

(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;



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(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. 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.



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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.

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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12.7 REQUEST TO USE MAITLAND'S COAT OF ARMS

File No: 35/8 Attachments: 1. Letter from Lioness Club of Rutherford re Use

of Coat of Arms for Cover of their Program for Northern District Seminar on 210209.

Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration

Author: Graeme Tolhurst - Group Manager Finance and Administration

EXECUTIVE SUMMARY Council has received a letter from the Lioness Club of Rutherford seeking Council’s permission to use the Maitland Coat of Arms on the Cover of their program for the Northern Districts Seminar which is being hosted by the Lioness Club of Rutherford at Rutherford Community Centre on Saturday, 21 February, 2009. OFFICER’S RECOMMENDATION THAT Council give permission for the Maitland Coat of Arms to be used on the cover of the Program for the Northern Districts Seminar hosted by the Lioness Club of Rutherford on Saturday, 21 February, 2009, at Rutherford Community Centre. REPORT Council has received the attached letter from the Lioness Club of Rutherford seeking Council’s permission to use the Maitland Coat of Arms for an upcoming Northern Districts Seminar being hosted by the Lioness Club of Rutherford on Saturday 21 February 2009 at the Rutherford Community Centre. The Coat of Arms is to be used on the cover of the program for the Seminar.



REQUEST TO USE MAITLAND'S COAT OF ARMS (Cont.)

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REQUEST TO USE MAITLAND'S COAT OF ARMS

Letter from Lioness Club of Rutherford re Use of Coat of Arms for Cover of their Program for Northern District

Seminar on 210209.


Attachment No: 1

Number of Pages: 1


REQUEST TO USE MAITLAND'S COAT OF ARMS (Cont.)

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13 CITY WORKS AND SERVICES REPORTS

13.1 CLEANING OF COMMUNITY BUILDINGS, DEPOT AND WASTE DISPOSAL OFFICES

File No: 137/1137 Attachments: Nil Responsible Officer: Wayne Cone - Group Manager City Works and

Services Richard Minter - Manager Projects and City Services

Author: Kevin Baker - Project Engineer

EXECUTIVE SUMMARY In June 2008, Council awarded a contract for the cleaning of four (4) areas that included Community Buildings, Council Works Depot, libraries and the Mt Vincent Waste Facility buildings. This report deals with the termination of the contract for the cleaning of areas 2, 3, and 4, temporary cleaning arrangements put in place until 30th June, 2009, and the calling of fresh tenders. OFFICER’S RECOMMENDATION THAT 1. Council notes the details contained within the report.

REPORT In June 2008, Council called tenders for the cleaning of four (4) areas for a three (3) year period with a two (2) year option. These cleaning work areas include Community Buildings, Council Works Depot, libraries and the Mt Vincent Waste Facility buildings, in order to maintain the amenity of these Council facilities for all users. The works include but are not limited to the cleaning of hard surfaced areas, windows, vacuuming of carpeted areas, removal of cobwebs, and the emptying of garbage bins. Council resolved at its meeting of 10th June 2008 to accept the tender of Coverall NSW Pty. Ltd. for Areas 2, 3, and 4. These areas covered the following buildings:

Area 2 Building Name Location Cleaning Frequency

Shamrock Hill Multi-Purpose Centre

19 Galway Bay Drive, Ashtonfield

Five (5) times a week

Metford Community Centre Cnr Ingall and Lowe Streets, Metford

Five (5) times a week

Tenambit Community Hall Tyrell Street, Tenambit Five (5) times a week Morpeth School of Arts 110 High Street, Morpeth Five (5) times a week East Maitland Library Garnett Road, East Maitland Six (6) times a week


CLEANING OF COMMUNITY BUILDINGS, DEPOT AND WASTE DISPOSAL OFFICES (Cont.)

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Area 3

Building Name Location Cleaning Frequency Rutherford Community Centre Arthur Street, Rutherford Five (5) times a week Maitland City Library 480 High Street, Maitland Six (6) times a week Rutherford Library Arthur Street, Rutherford Six (6) times a week

Area 4 Building Name Location Cleaning Frequency

City Works & Services Depot Metford Road, East Maitland Varies Mt. Vincent Waste Disposal Mt. Vincent Road, East Maitland Weekly Coverall NSW Pty. Ltd. began their service on 1st July 2008, and subsequent inspections by Council officers found the service delivered did not meet the contract specification. Subsequent performance management meetings were held, ultimately resulting in the issuing of a formal written warning in November 2008, and two additional written warnings in December 2008. Following each warning, meetings were held with Coverall NSW’s representatives to further explain where their service was failing to meet the contract specification. The service that was being provided by Coverall NSW also resulted in several written complaints, and many more verbal complaints, from tenants, hirers, and users of the facilities. As a result of Coverall NSW Pty. Ltd. being given three (3) formal written warnings, and still not meeting their contractual obligations, their contract was terminated, effective from Wednesday 14th January 2009. Strike Force Services Pty. Ltd. was ranked highly in the original tender assessment for Areas 2, 3, and 4, and as such has been engaged on a temporary basis until 30th June 2009 to rectify the condition of the facilities, and provide routine cleaning. Strike Force has provided, and continues to provide, exemplary service to Council, and is currently contracted to clean Area 1 (Noel Unicomb Hall, Pat Hughes Hall & Thornton Library), as well as the cleaning of the Maitland CBD. The company has the expertise and manpower to effectively repair and maintain the cleanliness of the facilities in Area 2, 3, and 4, whilst fulfilling their other contractual obligations. Fresh tenders will be called for the cleaning of Areas 2, 3, and 4 for a period of two (2) years, with a two (2) year option period (to align this new tender with the other current cleaning tenders), with the contract period to start on 1st July 2009. FINANCIAL IMPLICATIONS As the contract cleaning rates for Strike Force are slightly higher than those for Coverall NSW, additional costs, estimated at $13,000, will be incurred for the remainder of the 2008/09 financial year to clean Council’s buildings in Areas 2, 3, and 4. These additional costs can be met from current cleaning budget allocations. POLICY IMPLICATIONS This matter has no specific policy implications for Council.


CLEANING OF COMMUNITY BUILDINGS, DEPOT AND WASTE DISPOSAL OFFICES (Cont.)

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STATUTORY IMPLICATIONS The proposed course of action has been undertaken in accordance with the General Conditions of Contract that govern the contract for cleaning of community buildings, Depot and waste disposal offices. The contract has been terminated under Clause 29.1(a)(i) Termination by the Principal – Default of the Service Provider where the service provider has committed a substantial breach of the contract agreement by failing to carry out the agreement at a reasonable quality.


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14 ITEMS FOR INFORMATION

14.1 THE HILLS SHIRE COUNCIL - NAME CHANGE

File No: 35/8 & 35/5/1 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and


EXECUTIVE SUMMARY The Local Government area previously known as Baulkham Hills Shire has received a name change and will now be known as the Hills Shire Council as published in the Government Gazette on the 14 November 2008. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT

On the 10th June 2008 Baulkham Hills Shire Council considered a report regarding the renaming of the ‘Baulkham Hills Shire’ to ‘The Hills Shire’. Subsequently, a submission was forwarded to the Department of Local Government for recommendation to the Minister and the Governor. The name was proclaimed by the Lieutenant Governor on 20th October 2008 and was published in the Government Gazette on 14 November 2008. Therefore, effective from 14 November 2008, the Local Government area of the ‘Shire of Baulkham Hills’ has officially been renamed ‘The Hills Shire’. As a consequence, all references to ‘Baulkham Hills Shire Council’ should now be ‘The Hills Shire Council’.


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14.2 DEPARTMENT OF LOCAL GOVERNMENT CIRCULAR 08/72 - CIRCULARS TO COUNCILS MAILING LIST - INCLUSION OF ELECTED MEMBERS OF COUNCILS

File No: 35/51 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and


EXECUTIVE SUMMARY On Friday 28th December 2008 the Department of Local Government issued a Circular to Councils 08/72 which invites NSW Councillors to subscribe to the email distribution list for the issue of Circulars. Councils have been requested to bring this service to the attention of Councillors. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT

The Department of Local Government issues circulars to Councils on significant matters requiring Council’s attention. In addition to instructing Councils, the circulars are used by Local Government stakeholders to stay informed about issues of importance to Local Government in NSW. To ensure circulars to Councils reach recipients quickly and efficiently, the Department operates an email distribution service. Following the recent Local Government elections, the distribution list is now open to NSW Councillors who can elect to receive the Department’s circulars to Councils by email. Any Councillor wishing to subscribe to the circulars mailing list should send an email to [email protected] and provide their name, Council and email address for receipt of Circulars. Requests will remain valid until the next Local Government general election, following which Councillors will need to resubscribe.

mailto:[email protected]�


Page 165

14.3 PUBLIC SUBMISSIONS - FINANCIAL REPORTS AND AUDITOR'S REPORTS FOR YEAR ENDED 30 JUNE 2008

File No: 2/8/14 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Phil Freeman - Manager Accounting Services

EXECUTIVE SUMMARY This report is to address any written public submissions received by Council with respect to Council’s financial reports and auditor’s reports for the year ended 30 June 2008. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT Council’s financial reports, together with the auditor’s reports, for the year ended 30 June 2008 were available at Council’s administration building for inspection from 20 October 2008 to 12 November 2008. Written public submissions were invited up until 18 November 2008. Council did not receive any submissions in relation to the financial reports or auditor’s reports for the year ended 30 June 2008.


Page 166

14.4 KEY PERFORMANCE INDICATORS - DECEMBER 2008

File No: 35/57 Attachment/s: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and

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. REPORT

This report provides regular monthly data against a set of core key performance indicators. These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area. The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council. Performance Indicator: Approval Statistics Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems. Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented. For the 12 month period of January 2008 through to December 2008, the average monthly number of lodged Development Applications was 90 and the average monthly number of applications approved was 95. In December 2008, there were 65 applications lodged and 83 applications approved. The number of applications on-hand has decreased to 176.


KEY PERFORMANCE INDICATORS - DECEMBER 2008 (Cont.)

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The Median Processing Times for Development Applications in December 2008 has increased to 23 days. The average Median Days for the twelve month period is 21 days. For the 12 (twelve) month period January 2008 through to December 2008, the average monthly number of lodged Construction Certificates was 55 and the average monthly number of approved Construction Certificates was 57. In December 2008, there were 38 Construction Certificates lodged and 46 approved. There are currently 100 applications on-hand. The Median Processing Times for Construction Certificates in December 2008 has remained at 15 days. The twelve month period is 14 days. For the 12 (twelve) month period January 2008 through to December 2008, the average monthly number of lodged DA S96 Applications was 11 and the average monthly number of determined DA S96 Applications was 11. In December 2008, there were 8 DA S96 Applications lodged and 6 determined. There are currently 36 applications on-hand.



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DAs - On-Hand, Lodged & Approved Applications

60

80

100

120

140

0

50

100

150

200

250

300

Lodged 90 106 109 93 105 90 79 89 85 85 83 65

Approved 91 118 93 108 107 79 114 97 99 68 83 83

On-Hand 243 231 247 232 228 239 203 195 177 193 194 176

Jan-08 Feb-08 M ar-08 Apr-08 M ay-08 Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08

DAs - Median Processing Times

0

5

10

15

20

25

30

Calendar Days 27 18 22 23 23 24 27 18 15 19 18 23


DAs - Estimated Value of Development

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

$'00

0s

Estimated Value $8,663 $13,655 $13,161 $6,641 $55,029 $20,823 $17,369 $19,130 $8,339 $8,464 $26,700 $23,202




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CCs - On-Hand, Lodged & Approved Applications

0

20

40

60

80

100

020406080100120140160

Lodged 58 67 61 53 57 55 47 52 58 58 53 38

Approved 48 79 54 74 55 48 67 53 59 48 52 46

On-Hand 137 125 132 112 114 121 100 99 97 107 108 100


Trendline - Approved

CCs - Median Processing Times

02468

101214161820

Calendar Days 18 16 17 15 16 19 17 10 12 13 15 15


CCs Estimated Value of Construction

$0

$1,000

$2,000$3,000

$4,000

$5,000

$6,000$7,000

$8,000

$9,000

$'00

0s

Estimated Value $5,847 $7,752 $4,838 $8,096 $4,376 $6,304 $8,238 $4,994 $4,159 $3,662 $3,750 $3,381




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DA S96 Applications - On-Hand, Lodged & Determined Applications

0

10

20

30

40

0

10

20

30

40

50

60

70

S96 Applications Lodged 7 6 10 14 10 14 11 13 12 16 9 8

S96 Applications Determined 14 9 8 13 11 11 10 10 11 16 13 6

S96 Applications On Hand 32 29 30 32 30 34 35 37 38 38 34 36




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Performance Indicator: Consolidated Development Services Income The following graph shows actual YTD consolidated Development Services income to December 2008.

YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME 2008/2009

$0

$250,000

$500,000

$750,000

$1,000,000

$1,250,000

$1,500,000

$1,750,000

$2,000,000

$2,250,000

Org Vote $172,375 $344,750 $517,125 $689,500 $861,875 $1,034,250 $1,206,625 $1,379,000 $1,551,375 $1,723,750 $1,896,125 $2,068,500

YTD $94,653.14 $318,246.3 $441,481.0 $535,125.96 $616,868.8 $744,671.3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Adj Vote $172,375 $344,750 $517,125 $629,167 $786,458 $943,750 $1,101,042 $1,258,333 $1,415,625 $1,572,917 $1,730,208 $1,887,500

J 08 A 08 S 08 O 08 N 08 D 08 J 09 F 09 M 09 A 09 M 09 J 09

Actual income is shown below.

MONTHLY CONSOLIDATED DEVELOPMENT SERVICES INCOME 2008/2009

$0.00

$25,000.00

$50,000.00

$75,000.00

$100,000.00

$125,000.00

$150,000.00

$175,000.00

$200,000.00

$225,000.00

$250,000.00

Actual $94,653.14 $223,593. $123,234.6 $93,644.9 $81,742.89 $127,802.5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

AV M onthly $172,375 $172,375 $172,375 $157,292 $157,292 $157,292 $157,292 $157,292 $157,292 $157,292 $157,292 $157,292

J 08 A 08 S 08 O 08 N 08 D 08 J 09 F 09 M 09 A 09 M 09 J 09



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Performance Indicator: Patronage of Community Services Patronage at Council’s libraries, art gallery and childhood immunisation clinics are displayed graphically below to more clearly identify trends of usage at the various facilities. Libraries Overall patronage trends at Council’s libraries for the months October to December 2008 inclusive are higher to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 12.16% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons: City 5.51% higher East Maitland 6.50% higher Rutherford 19.67% higher Thornton 22.87% higher

LIBRARY VISITORS

0

5,000

10,000

15,000

20,000

25,000

City 5,362 4,616 3,176 5,313 4,749 3,817

East 6,742 6,368 4,426 7,470 6,094 5,112

Ruth 3,666 3,476 2,600 4,096 4,291 3,271

Thorn 3,896 3,892 2,834 4,702 4,403 3,946

Total 19,666 18,352 13,036 21,581 19,537 16,146

Oct 2007 Nov 2007 Dec 2007 Oct 2008 Nov 2008 Dec 2008

Library Visitors



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Art Gallery MRAG closed its doors to the public 11 May 2008. From then until the art gallery reopens staff are working towards implementing the strategic plan for the direction of the gallery in preparation of the reopening mid 2009. EDUCATION PROGRAMMING MRAG Woodberry Free Art Workshops Series 16.10.08 – 04.12.08 This 8 week term of FREE workshops was provided for community workers and teachers in the Woodberry area. The class had 13 students in it, and also benefits the students by giving them free art supplies for each of the art mediums covered. The last class for this workshop was held on the 4th December. In this class feedback forms were collected from 6 class members, which will inform future possible programs. Art Tuesdays Term 4 classes 21.10.08 – 09.12.08 The classes took place at Rutherford Community Centre, there are 13 students in this term’s classes, and the class did receive occasional one-off students. Weeks 7 and 8 of this term’s classes fell in December. The children aged 6-12 made pop-up books based on Australian animals. Pirate Day visit to Hunter Valley Grammar School 01.12.08 MRAG was involved in Pirate Day, which informs high school students of the community organizations and programs that are available to them. Over 120 year 10 students were involved in the session. Woodberry Public School Free Outreach visit: years 1,2,3,& 4 03.12.08 With additional funding remaining from MRAG and MCC’s successful Circus Project held out at Francis Greenway High School, MRAG Education was able to run additional capacity building projects in the Woodberry area. The free Outreach visit to Woodberry Public school aimed to develop better understanding in primary school teachers of what MRAG can provide for their students in terms of educational opportunities, and also to demonstrate the successful integration of an artwork from the MRAG collection into the classes current unit of work. MRAG education met with years 1,2,3 and 4 and showcased two artworks from the MRAG collection. The students from years 1 and 2 made cardboard and collage houses that when finished stood on a support, creating a miniature town of little houses. The students from years 3 and 4 were taken outside to do plein air landscape drawing with charcoal. Over 100 students were involved in the visit. Francis Greenway High School Free Outreach visit: Year 12 Visual Art 09.12.08 With additional funding remaining from MRAG and MCC’s successful Circus Project held out at Francis Greenway High School, MRAG Education was able to run additional capacity building projects in the Woodberry area. The free 2 hour Outreach visit to FGHS’s year 12 Visual Art Class, aimed to encourage interaction between the visual art staff and the gallery staff, as well as to inform senior students



Page (174)

of the MRAG collection and some of the artworks it contains. 9 year 12 students met with MRAG staff and were introduced to some aspects of professional practice connected with Visual Arts. Major artworks from the MRAG collection such as John Coburn’s Legend (1965) were highlighted, and the upcoming exhibition Undertow by Hanna Kay, which will be one of the feature exhibitions in June when MRAG re-opens was discussed, and the students and their teacher were invited to visit the gallery at that time. Francis Greenway High School Free Outreach visit: Year 9 Photography 10.12.08 With additional funding remaining from MRAG and MCC’s successful Circus Project held out at Francis Greenway High School, MRAG Education was able to run additional capacity building projects in the Woodberry area. The free 1 hour Outreach visit to FGHS’s year 9 photography class aimed to introduce junior high school students to the art gallery, critically engage them with a photographic work from the MRAG collection and teach them a unique skill they would probably not have experienced before. 18 students were involved in the lesson that introduced students to basic scratch-back techniques that can be utilized creatively in alternative photomedia practices. PUBLIC PROGRAMS ADULT WORKSHOPS AND ART CLASSES During the closure, MRAG has continued to present practical art making workshops and classes off site. Gwendolyn Lewis popular series of art classes have been held on Monday mornings at Buchanan Gallery just out of Maitland and Tuesday evenings at the senior citizens hall. MAITLAND REGIONAL ART GALLERY MEMBERS (MRAGM) The last meeting of MRAGM Members for 2009 was held on the 10th December. To coincide with the rebranding of MRAG and the redevelopment a new MRAGM logo was selected. It was also decided that MRAGM should begin redrafting its existing constitution and setting in place Position Descriptions for each of the Executive positions. MAITLAND REGIONAL ART GALLERY VOLUNTEERS Although MRAG is closed MRAG is still working with volunteers although on a small scale. Volunteers are working with the collection assisting with photography and collection data. Volunteers are also working on off site activities such as local schools with the Education coordinator. Volunteer assistance is also received from a local ‘Masters’ student assisting in the administration of the two new MRAG touring exhibitions Hanna Kay - Undertow and Salvatore Zofrea – Days of Summer. Currently there are over 40 volunteers registered and approved to work at or for MRAG and MCC. MRAG COLLECTION AND SHOP MRAG Collection New Accessions for December 2008 In November MRAG accepted delivery of two Clara Feltham photographs. These were photographed and accessioned into the Collection in December.



Page (175)

In December MRAG acquired two prints by Graham Fransella and two drawings by Chris Gentle which have also been photographed and accessioned into the Collection. MRAG also acquired a drawing by Ken Whisson, which is yet to be accessioned into the Collection. MRAG also acquired a large sculpture by the artist John Turier. Due to its size, the sculpture has been delivered to the building site and will not be accessioned until staff has access to the area. Cultural Gifts Program The paperwork for the Ken Done donation Parrot Fish, Black Sky, 1981, has been sent to the donor and to the two valuers for completion. Once this paperwork is returned to MRAG the final summary can be completed and sent to the Department of the Environment, Water, Heritage and the Arts in Canberra for the next committee meeting in February 2009.



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Immunisation Clinics Immunisation attendances which increased since the introduction of the national Childhood Pneumococcal Vaccination Program in January 2005, have plateaued and remained stable in recent months. As an immunisation provider, Maitland City Council will continue to administer this expanded program for the children of Maitland.

IMMUNISATION ATTENDANCES

0

10

20

30

40

50

60

70

80

90

Thornton 10 14 16 14 23 18

Rutherford 32 31 24 34 29 41

Town Hall 20 18 23 26 24 18

Total 62 63 63 74 76 77

Oct-07 Nov-07 Dec-07 Oct 08 Nov 08 Dec 08

Immunisation Attendances



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Swimming Pool Attendance Total attendance for the Maitland and East Maitland Aquatic Centres for December 2008 was 16,813 with Maitland Aquatic Centre having a total patronage of 10,843 and East Maitland Aquatic Centre having a total patronage of 5,970. Statistics from the Bureau of Meteorology for the Month of December for Weather Conditions: Temperatures Min Max Lowest 00.0 21.0 Highest 24.8 34.0 Stats from the Bureau of Meteorology for the Month of December for Weather Conditions had 69.6mm of rain recorded. East Maitland Aquatic Centre opened 11th October 2008 and Maitland Aquatic Centre opened 27th September 2008.

Swimming Pool Attendance

0

2000

4000

6000

8000

10000

12000

14000

0

5000

10000

15000

20000

25000

M ait land Pool 1128 11043 7600 10921 12067 6198 1298 378 10056 12674 10843

East M ait land Pool 9465 9845 7472 7414 6943 3255 293 0 4549 7234 5970

Total At tendance 10593 20888 15072 18335 19010 9453 1591 378 14605 19908 16813

Oct 07

Nov-07

Dec-07

Jan-08

Feb-08

M ar-08

Apr-08

Sep 08

Oct-08

Nov-08

Dec-08



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Performance Indicator: Marketing and Business Strategy Visitor Information Centre Enquiries through the Maitland Visitor Information Centre for December 2008 totalled 24,805 bringing the total number of enquiries for 2008 to 378,761. This represents an increase of 56,011 over the same period in 2007. Many of these enquiries would be a result of an increase in visitation to the Maitland, Hunter Valley website. Throughout December Maitland Tourism has been redeveloping the Partnership Program and Marketing Prospectus for 2009/10 as well as undertaking initial preparations for the organisation of Hunter Valley Steamfest, which will be held from 19 – 20 April 2009. The Maitland, Hunter Valley website www.maitlandhuntervalley.com.au attracted 20,917 visitors who visited 81,301 pages.

VISITOR INFORMATION CENTRE ENQUIRIES

-200

4,800

9,800

14,800

19,800

24,800

29,800

Personal 3,042 3,262 3,555 3,632 3,218 2,976

Telephone 2,293 1,566 1,215 2,293 1,566 801

Mail 534 264 253 460 398 111

Internet 23,181 22,589 20,191 25,486 24,102 20,917

Oct 2007 Nov 2007 Dec 2007 Oct 2008 Nov 2008 Dec 2008

Maitland Reservations through the on line system that operates in conjunction with the website secured 43 for the month of December totalling $6,916 of instantly confirmed and paid bookings. The Maitland Visitor Information Centre receives 11% commission in income from these bookings. The graph below displays the total number of bookings taken for the month of December 2008 along with total number of nights and total cost. The Centre booked a total of 43 bookings totalling 55 nights.



Page (179)

VISITOR INFORMATION CENTRE ACCOMMODATION BOOKINGS

0

20

40

60

80

100

120

$0

$2,000

$4,000

$6,000

$8,000

$10,000

$12,000

$14,000

Number of Nights 93 94 64 86 61 68 42 65 94 107 62 55Bookings 50 62 46 66 47 53 29 48 61 73 51 43Total Cost $9,653 $9,445 $8,060 $9,887 $7,454 $7,327 $4,346 $7,792 $10,792 $11,977 $6,611 $6,916

Jan-08 Feb-08 Mar-08 Apr-08 May-08 Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08



Page (180)

Maitland Gaol Tour figures for December 2008, while strong, showed evidence of the economic slowdown with function attendances down on the same period for 2007 and an indication that general end of year activities were reduced with a resultant downward effect on group tours, especially daytime tours. However, audio and night tours were up on the same period and the result for combined tours showed a 7.7% increase on 2007. This strong result meant that the whole of the first half of 2008/2009 has exhibited above average tour numbers for each of the six months. Laser Skirmish figures were again good in December and helped to push the total visitation to the site well over 2000 at 2322, a record for December and for the first half of the financial year. Total site attendance for the six months reached 19,812 people, helped considerably by the Bitter and Twisted event held in November. The effect of the economic deterioration is as yet unknown but it is expected that January will likely be slower than previous years and this may continue into the first half of 2009. Marketing and promotion of the site for functions and events is to be stepped up in early 2009 to increase awareness of the site as a unique and attractive function venue, attempting to put an additional major income stream under the total site revenue base and thereby assist in spreading the reliance on tour income to cover site costs.

Maitland Gaol Visitation Numbers

0

2000

4000

6000

8000

Visitors 2461 2087 2121 3681 6907 2442

Oct-07 Nov-07 Dec-07 Oct-08 Nov-08 Dec-08

Visitors



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Performance Indicator: Food Premises Inspections The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 26. During the month of December there were 0 Improvement Notices issued and 0 Penalty Infringement Notice issued.

FOOD PREMISES INSPECTIONS

0

10

20

30

40

50

Inspections 30 34 22 6 38 46 11 14 31 41 32 5

Jan-08

Feb-08

Mar-08

Apr-08

May-08

Jun-08

Jul-08Aug-08

Sep-08

Oct-08

Nov-08

Dec-08



Page (182)

Performance Indicator: Customer Request System The chart below shows data from 2007/2008 for Council’s customer service request system. This system records and monitors complaints and requests from the community. It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.

Customer Request System

0

200

400

600

800

1000

1200

1400

0

200

400

600

800

1000

1200

1400

Receivedcompletedoutstanding

Received 1103 1220 924 886 910 739 913 729 950 892 835 832

completed 936 1012 972 993 1005 744 1068 823 884 961 791 790

outstanding 975 1173 1117 1003 904 891 713 619 679 605 640 659

Jan-08

Feb-08

Mar-08

Apr-08

May-08

Jun-08

Jul-08

Aug-08

Sep-08

Oct-08

Nov-08

Dec-08



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Performance Indicator: Rates Collections As at 30th June 2007, 5.41% of rates levied for the 2006 / 2007 year remained uncollected. (In comparison, as at 30th June 2006, 5.02% of the rates levied for the 2005 /2006 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.

Percentage of Rates in Arrears

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

Fin Year 2006/07 5.02 4.28 3.87 3.24 2.98 2.67 2.42 2.27 2.06 1.89 1.79 1.64 1.55

Fin Year 2007/08 5.41 4.61 3.97 3.57 2.64 2.32 2.16 1.96 1.75 1.63 1.52 1.36 1.22

Fin Year 2008/09 5.30 3.76 3.13 2.70 2.22 1.99 1.76

Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June


Page 184

14.5 INTERNAL RESERVE BALANCES AS AT 31 DECEMBER 2008



EXECUTIVE SUMMARY This report contains the balances of Council’s internal reserves based upon budgeted income and expenditure contained in Council’s 2008/2009 Management Plan, including reserve funded works carried over from 2007/2008. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT The internal reserve balances as at 31 December 2008 were as follows:

Reserve

Opening Balance 1/7/2008

$’000

Budgeted transfers

to reserves 2008/09 $’000

Budgeted transfers

from reserves 2008/09 $’000

Estimated Balance

30/6/2009 $’000

Employee leave entitlement 1,500 0 0 1,500

Economic development 1575 0 421 1,154

Waste disposal site construction 1,542 1,000 2,542 0

Computer replacement 1,045 150 603 592

Carry over works 4,474 0 4,474 0

Environmental works 302 0 278 24

Workers compensation 530 0 0 530

Competencies 34 0 0 34

Asset management 846 0 446 400

CBD/Mall construction 339 0 339 0

Year end creditors 1,869 0 1,869 0

Compensatory habitat 199 0 25 174

Waste disposal site rehabilitation 1,046 400 0 1,446


INTERNAL RESERVE BALANCES AS AT 31 DECEMBER 2008 (Cont.)

Page (185)

Reserve

Opening Balance 1/7/2008

$’000

Budgeted transfers

to reserves 2008/09 $’000

Budgeted transfers

from reserves 2008/09 $’000

Estimated Balance

30/6/2009 $’000

Transfer station construction 0 250 0 250

Unexpended loans 2,322 1,000 3,322 0

Total 17,623 2,800 14,319 6,104


Page 186

14.6 MONTHLY FINANCIAL REPORT - DECEMBER 2008

File No: 35/53 Attachments: 1. Monthly Financial Report Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Alicia Perry - Expenditure Accountant

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. REPORT The Income Statement shows a surplus to the end of December 2008 of $23,249,000. Income is generally in line with budget year to date figures, with the exception of Grants and Contributions provided for Capital Purposes, which are under budget by $1 million. The shortfall is due to Section 94 developer contributions being below budget, but as all Section 94 funds are restricted, this shortfall has no direct impact upon Council’s current operations. Further to this, Interest on Investment Revenue is below budget, as a result of one of Council’s CDO investments, in the amount of $500,000, defaulting in December 2008. Full details of this are included in a separate report to Council. Expenses are generally in line with budget year to date figures, with the exception of Materials and Contracts, which are below budget by $1.4 million, as a number of projects have been scheduled for later in the financial year. The Balance Sheet shows that Council has net assets totalling $604,580,000.


MONTHLY FINANCIAL REPORT - DECEMBER 2008 (Cont.)

Page (187)

Items for Information

MONTHLY FINANCIAL REPORT - DECEMBER 2008

Monthly Financial Report


Attachment No: 1

Number of Pages: 2



Page (188)



Page (189)


Page 190

14.7 DISCLOSURE OBLIGATIONS UNDER THE NSW ELECTION FUNDING & DISCLOSURE ACT 1981

File No: 35/7 & 35/47 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and


EXECUTIVE SUMMARY Councillors’ obligations in relation to their electoral funding disclosure under the NSW Election Funding and Disclosure Act 1981, with respect to bi-annual reporting are now due. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT The disclosure of political donations and gifts in the role of an elected Councillor is regulated by the NSW Election Funding and Disclosures Act 1981, the NSW Election Funding and Disclosures Regulations 2004, the NSW Local Government and Planning Legislation Amendment (Political Donations) Act 2008 and the NSW Local Government Act 1993. The Election Funding Authority of NSW administers the compliance and reporting requirements of the legislation. The main purpose of the legislation is to provide for the compulsory disclosure of the source of political donations and gifts received. The provision of this compulsory disclosure provides transparency and accountability in decision-making processes to the public. The disclosure periods are bi-annual. On the 31 December 2008 the disclosure period ended for any person who was an elected member of a Council at any time between 1 July 2008 and 31 December 2008. Declarations are now due to be lodged with the Election Funding Authority of NSW for the 1 July – 31 December 2008 time period. Declarations must be lodged prior to Wednesday 25 February 2009. The declaration must be lodged with the Authority with the use of the prescribed form which is available from the Authority’s website www.efa.nsw.gov.au or by contacting the Authority on 1300 135736. FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

http://www.efa.nsw.gov.au/�


DISCLOSURE OBLIGATIONS UNDER THE NSW ELECTION FUNDING & DISCLOSURE ACT 1981 (Cont.)

Page (191)

POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS Completing the Declaration of Political Donations and Electoral Expenditure forms is a requirement to comply with Section 88 of the NSW Election Funding and Disclosures Act 1981.


Page 192

14.8 CORRESPONDENCE ANALYSIS



EXECUTIVE SUMMARY This report contains valuable information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation and provides information in relation to the guidelines for replying to correspondence. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT TOTAL Number of Documents Received Nov & Dec 2008 7514

TOTAL Number of Documents Sent Nov & Dec 2008 5420 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.

ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 31/10/2008 28

PLUS Actionable Items Received Nov & Dec 2008 42

LESS Outstanding Items Actioned Nov & Dec 2008 11

TOTAL Number of Outstanding Documents Over 30 Days 31/12/2008 59

Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.


CORRESPONDENCE ANALYSIS (Cont.)

Page (193)

ACTIONABLE DOCUMENTS BY CATEGORY

• Approvals 3

• Customer Service Requests 2

• General 29

• Works/Projects -

• Rating 25

TOTAL Outstanding Over 30 Days 31/12/2008 59 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.



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14.9 STATUS REPORT ON PROJECTS ISSUED OR IN PROGRESS


Services Richard Minter - Manager Projects and City Services Ian Wakem - Manager Civil and Recreation Works

Author: Richard Minter - Manager Projects and City Services Chandra Kasturi - Civil Works Engineer

EXECUTIVE SUMMARY A report on the status of emergency services, major construction works and projects within the Capital Works Programs that have been issued to, or are being progressed by, the City Works & Services Group, is submitted for Council’s information. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT

1. EMERGENCY SERVICES

1.1 Emergency Management

The next Local Emergency Management Committee meeting will be held on 3rd February, 2009 at the Rutherford Community Centre. This venue is Council’s second nominated Emergency Operations Centre (EOC), after the Works Depot. The principal items for discussion will include a review of Council’s Displan and Standard Operating Procedures, training and test exercises.

2. PROJECTS

The status of projects issued to, or in progress by, the Projects and City Services Division, as at 14th January, 2009, is as follows:

2.1 Maitland Regional Art Gallery – Stage 2

The construction of alterations and additions to the Art Gallery are well underway by Brisland Pty Ltd. Block work walls have been completed with electrical upgrades, air conditioning installation and roofing works currently underway. The project is scheduled for completion by May, 2009.


STATUS REPORT ON PROJECTS ISSUED OR IN PROGRESS (Cont.)

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2.2 Somerset Park Amenities Facility

Construction of the Somerset Park Amenities Facility has been completed by John Proctor Master Builder.

2.3 Fred Harvey Oval, Woodberry

Construction of Stage 1 of a new amenities block at Fred Harvey Oval, Woodberry has been completed by Ron Cant & Sons.

2.4 Tocal Road Reconstruction

Works by Woodbury’s Haulage & Earthmoving have been completed. Some drainage rectification works caused by significant rainfall have also been completed by City Works and Services.

2.5 BMX Starting Gates

The new BMX starting gates at Beryl Humble Sporting Complex have been completed by Ezy Flow Fabrications.

2.6 Maitland Park Floodlights

Installation of floodlights is complete. An upgrade of the power supply is required with the scope of these works currently being determined.

2.7 Day Street Drainage

An upgrade of the drainage system in Day Street and William Street, East Maitland is being constructed by Woodbury’s Haulage & Earthmoving. The drainage and kerb and gutter work in Day and William Streets is complete. Re-sealing of the roads is currently underway with the project due for completion in late January.

2.8 Floodlight Improvement Program (Various sporting fields)

Works by Southern Lighting began in late September, 2008, with works being undertaken at Lorn Park, Tenambit Oval, Fieldsend Oval, Woodberry Oval, Thornton Park, Vi Denny-Bowtell netball courts and Maitland Park Croquet Field. New poles have been installed with only the removal of old poles to be completed. Works at Norm Chapman Oval are due to be undertaken through January.

2.9 Morpeth Museum (Building Repairs and Maintenance)

Tenders have been advertised for the project which involves repairs to roof, timber and drainage components of the building. Tenders have closed and a report is presented to this Council meeting based on the tenders received.



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2.10 Rutherford Youth Space Facility

The Rutherford Youth Space project has been funded as a part of the Federal Government local government infrastructure grant received by Council. The project will involve the provision of a youth facility catering for skateboards and bikes. An allocation of $600,000 has been made for the project with quotes currently being received from Consultants to design the project. Construction of the project must be completed by September.

2.11 Racecourse Road Reconstruction

Tenders will be called shortly for the reconstruction of Mackay Close and a section of Racecourse Road, Rutherford. Works involve the reconstruction of 630m of road and 170m of stabilisation commencing from the New England Highway.

2.12 Mt Vincent Road Reconstruction

A tender has been awarded to Woodbury’s Haulage & Earthmoving for the reconstruction of a 1.65km section of Mt Vincent Road. The works involve shoulder widening and an overlay, with a contract value of $550,000. An 800m section has been completed, with the remainder of the works due to be completed in March.

3. CIVIL WORKS

The status of civil construction projects as at 15 January, 2009 is as follows:

3.1 Reseal Program for 2008/09

The reseal program for 2008/09 was completed in mid January at an approximate cost of $875,000.

3.2 New Works Urban

3.2.1 Turton Street, East Maitland

The rehabilitation work on a 260m section of Turton Street between Chifley Street and Fieldsend Street was completed in December 2008 at an approximate cost of $75,000.

3.2.2 Lindsay Street, East Maitland

Rehabilitation work on the section of Lindsay Street between Victoria Street and the main Northern Railway line, commenced in December 2008. The estimated cost of the project is $73,700 and is expected to be completed in February 2009.



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3.2.3 Olive Street, Maitland

Rehabilitation work on the section of Olive Street between Church Street and Elgin Street (130m) commenced in January. The work involves the reconstruction of the road pavement, and drainage and footpath improvements. The estimated cost of the project is $74, 200.

3.2.4 Maitland Vale Road, west of North Coast Railway Line

Rehabilitation of a 990m section of Maitland Vale Road west of the Railway Bridge commenced in mid December 2008. The work involves reconstruction of the road pavement to a width of 8m, extending existing culverts and improvement work to the drainage system. The estimated cost of the project is $301, 000. The work is programmed to be completed in March 2009.

3.3 Rehabilitation – Urban

3.3.1 Stabilisation

The stabilisation of sections of urban roads at various locations commenced in mid January and is programmed to be completed in February 2009. This work, done as part of the 2008/09 urban rehabilitation program, is estimated to cost $1.9m.

3.4 Rural Reconstruction

3.4.1 Maitland Vale Road, Rosebrook

Pavement reconstruction work on a 600m section of Maitland Vale Road was completed in late December at an approximate cost of $200,000.

3.5 Major Construction Works – ULR

3.5.1 Church Street, Maitland

Reconstruction work on the section of Church Street between Ken Tubman Drive and the Railway Street roundabout commenced in early December. The work includes construction of subsoil drainage, pavement reconstruction, and renewal of the pedestrian crossing and kerb blisters. The estimated cost of the project is $248,300 and is programmed to be completed in March 2009.

3.6 Section 94 Projects

3.6.1 Carpark Improvement in Grant St, East Maitland

The improvement work to the carpark adjacent to King Edward Park was completed at the end of December at a cost of $34,500.



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3.7 Traffic Management & Facilities

3.7.1 Victoria Street, East Maitland

Work on the closure of the northern leg of Victoria Street at Raymond Terrace road, commenced in mid December 2008. The project was completed in early January at a cost of $30,000.

3.8 RTA Ordered Work

3.8.1 In Situ Stabilisation work on Raymond Terrace Road at Millers Forest

The pavement rehabilitation work on a 320m section of Raymond Terrace Road at Millers Forest commenced on 10 January. The work involves in situ stabilisation of the road pavement and re-vegetation of the road shoulders. The estimated cost of the project is $126,250. The work is programmed to be completed in February.


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14.10 SECTION 94 QUARTERLY REPORT

File No: 103/41 Attachments: 1. Budget Summaries for the 1995 Maitland

Section 94 Contributions Plan and the Maitland Section 94 Contributions Plan (Citywide) 2006

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation Monica Gibson - Manager City Strategy

Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY This report provides the Council with information in relation to Section 94 contributions, including fund balances and commitments as of 31 December 2008. This information is based upon the projects adopted as part of the 2008/2009 Management Plan, income received from September to December 2008, and Council resolutions and decisions in relation to Section 94 projects OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. REPORT Introduction Section 94 contributions that are currently received by Council have been levied through one of three Section 94 Contributions Plans;

• The (Repealed) 1995 Maitland Section 94 Contributions Plan

• The Maitland Section 94 Contributions Plan (City Wide) 2006

• The S94A Levy Contributions Plan 2006 and must be expended in accordance with the requirements of the relevant plan. The Thornton North Section 94 Contributions Plan 2008 was made effective in March 2008. To date no contributions have been received into this plan. The purpose of this report is to provide Council with an overview of current section 94 fund balances and commitments for each of these plans. The 1995 Maitland Section 94 Contributions Plan As at 31 December 2008, the balance of funds held by the Council from the 1995 Maitland Section 94 Contributions Plan was $6,325,399 including income for the September quarter of $214,966 and interest of $114,069.


SECTION 94 QUARTERLY REPORT (Cont.)

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Current Council commitments from this plan total $5,576,884. Total uncommitted funds remaining at 31 December 2008 are $748,514 and a break down of these is shown in the attachment to this report. The Maitland Section 94 Contributions Plan (CityWide) 2006 As at 31 December 2008, the balance of funds held by the Council from the Maitland Section 94 Contributions Plan (CityWide) 2006 was $1,413,149 including income for the September quarter of $151,143 and interest of $22,754. Council commitments from this plan total $832,010. Total uncommitted funds remaining at 31 December 2008 were $581,138 and a break down of these is shown in the attachment to this report. The S94A Levy Contributions Plan 2006 As at 31 December 2008, the balance of funds held by the Council from the S94A Levy Contributions Plan 2006 was $40,377 including income for the December quarter of $56,741 and interest of $1,046. Current Council commitments from this plan total $538,366. Total uncommitted funds remaining at 31 December 2008 were -$492,745. Whilst the uncommitted funds are negative adequate contributions will need to be received by Council prior to the transfer of funds to the adopted projects.


POLICY IMPLICATIONS This matter has no specific policy implications for Council.




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Items for Information

SECTION 94 QUARTERLY REPORT

Budget Summaries for the 1995 Maitland Section 94 Contributions Plan

and the Maitland Section 94 Contributions Plan (Citywide) 2006


Attachment No: 1

Number of Pages: 2



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15 NOTICES OF MOTION

15.1 SIGNAGE - PATERSON RIVER NOTICE OF MOTION SUBMITTED BY CLR ARCH HUMPHERY

File No: 140/17 Attachments: Nil Responsible Officer: Chris James - Acting General Manager

Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Council Meeting, as follows: THAT : 1. Council contact the appropriate authority and the Member for Maitland for

appropriate signage to restrict boat speed on the Paterson River; 2. Council request the support from the adjoining Councils of Port Stephens and

Dungog to the initiative as we share a common boundary. COMMENT BY COUNCILLOR

Over the Christmas break, a boat containing people fishing in the vicinity of the Woodville Bridge was overturned by the wake of speeding craft. No one was injured but the fishermen lost their fishing gear, mobile phone, purses, etc.

COMMENT BY ACTING GENERAL MANAGER

NSW Maritime is the regulatory authority in relation to vessels in navigable waters. The Authority is responsible for safety, regulation, compliance, and education for boating including maintaining a state-wide system of navigation aids and signs.

In regard to the Notice of Motion it is suggested that the appropriate course of action in the first instance is to advise NSW Maritime of the incident and request that an assessment be undertaken of the need for boating traffic management measures on the Paterson River.

Speed is but one of many factors in ensuring the safe use of rivers by boats, and the Authority is the body which should determine the course of action to be taken.



SIGNAGE - PATERSON RIVER (Cont.)

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15.2 ADDITIONAL INFORMATION FOR THE ANNUAL REPORT NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 35/36/14 Attachments: 1. Extract from another Lower Hunter Annual

Report Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Council meeting, as follows: THAT Maitland City Council incorporate in the Council’s Annual Report to the Council and Ratepayers the layout of the attached pages extracted from another Lower Hunter Council’s Annual Report. COMMENT BY COUNCILLOR FAIRWEATHER

It would provide greater clarity and transparency for the Councillors and Ratepayers of Maitland.

It would also give Councillors and Ratepayers more detailed information in a simple format on exactly where their funds are expended.

COMMENT BY ACTING GENERAL MANAGER

Council’s annual reporting requirements are set out in the Local Government Act 1993 (section 428) and the Local Government (General) Regulation 2005 (clauses 132, 217, and 224).

The Department of Local Government does not prescribe a format other than the required information must be available to the public in a form that is clearly identifiable and accessible.

The suggested layouts in the Notice of Motion obviously address only a small part of the Annual Report. If Council was of a view that the reporting format should change, it is recommended that this be undertaken in the context of the whole report to ensure consistency. It should be noted that there are standard report formats required for items such as the audited financial reports and the like, however, this could be addressed in the document review.



ADDITIONAL INFORMATION FOR THE ANNUAL REPORT (Cont.)

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Notices of Motion

ADDITIONAL INFORMATION FOR THE ANNUAL REPORT

Extract from another Lower Hunter Annual Report


Attachment No: 1

Number of Pages: 2



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16 QUESTIONS WITHOUT NOTICE

17 URGENT BUSINESS


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18 COMMITTEE OF THE WHOLE

18.1 REQUEST TO PURCHASE COUNCIL LAND OAKHAMPTON

File No: P22052 Attachments: 1. Location Plan Responsible Officer: Graeme Tolhurst - Group Manager Finance and

Administration Author: Frank Shrimpton - Property/Risk Coordinator THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

EXECUTIVE SUMMARY Council has received a request from an adjoining owner to purchase a small vacant land lot in Oakhampton Road Oakhampton from Council.


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18.2 CONSIDERATION OF TENDERS - MORPETH MUSEUM BUILDING REPAIRS AND MAINTENANCE


Services Richard Minter - Manager Projects and City Services

Author: Kylie Bray - Project Engineer THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

EXECUTIVE SUMMARY Council’s Building Capital Works Program includes carrying out building repairs and maintenance works at Morpeth Museum, formerly known as Morpeth Court House. Tenders have been called for these works and are presented for Council's consideration and determination. The tenders are being reported to Committee of the Whole as they contain confidential commercial information.


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18.3 DA 08-1964 SMITH STREET APPEAL

File No: DA 08-1964 Attachments: 1. Legal Advice

2. Background Information Responsible Officer: Leanne Harris - Group Manager Service Planning and

Regulation Author: Leanne Harris - Group Manager Service Planning and

Regulation THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

EXECUTIVE SUMMARY The purpose of this report is to inform the Council of an Appeal to the NSW Land and Environment Court against the Council’s decision of the 11th November 2008 to refuse Development Application 08-1964 for an “Art Studio, Garage and Storage” at 42 Smith Street Maitland. Upon receipt of Notice of the Appeal in late December 2008, Council Officers engaged Thompson Norrie Solicitors to handle the matter and provide the Council with legal advice in respect of the Appeal. This report provides the Council with the details of that legal advice and sets out a recommended course of action for the Council to follow. 19 CLOSURE

MAITLAND CITY COUNCIL · 1/27/2009 · maitland city council ordinary meeting agenda 27 january...

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