MAITLAND CITY COUNCIL docume… · 8/09/2009 · equitable and competitive employment practices...

MAITLAND CITY COUNCIL

ORDINARY MEETING

MINUTES

8 SEPTEMBER 2009

ORDINARY MEETING MINUTES 8 SEPTEMBER 2009

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

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

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

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

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

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

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

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

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

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

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

8 PUBLIC ACCESS ...................................... .................................................... 2

9 GENERAL MANAGER'S REPORTS .......................... ................................... 3

9.1 OCCUPATIONAL HEALTH & SAFETY POLICY ............................... 3 9.2 BASIS OF EMPLOYMENT ................................................................ 8

10 SERVICE PLANNING AND REGULATION REPORTS ............ .................... 9

10.1 DA 06-3511 177 LOT SUBDIVISION - LOT 254 DP1092466, CANTERBURY DRIVE, RAWORTH RECOMMENDATION: APPROVAL........................................................................................ 9

10.2 DA 04-4690 MODIFICATION TO CONSENT - ALTERATION TO CONSENT CONDITIONS - LOT 1 DP1007191, 476 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL.............. 18

10.3 DA 09-1275 - TWO HORSE STABLES & STORAGE ROOM - LOT 1 DP 782596, 13 LOUTH PARK ROAD, SOUTH MAITLAND RECOMMENDATION: APPROVAL.............................. 23

10.4 WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD, THORNTON..................................................................................... 30

10.5 SMOKE FREE OUTDOOR AREA POLICY ..................................... 31 10.6 WALKA WATER WORKS PURCHASE OF A LITTLE RIVER

POND MILL...................................................................................... 33

11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS......... .............. 34


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NIL................................................................................................................ 34

12 FINANCE AND ADMINISTRATION REPORTS................. .......................... 35

12.1 MAITLAND COMMUNITY AWARDS PROGRAMME ...................... 35 12.2 HOSPITALITY TRAINING FACILITY - MAITLAND GAOL............... 36

13 CITY WORKS AND SERVICES REPORTS.................... ............................. 37

NIL................................................................................................................ 37

14 ITEMS FOR INFORMATION........................................................................ 38

14.1 2009 HOUSEHOLD CHEMICAL COLLECTION.............................. 38 14.2 LITTER PREVENTION CAMPAIGN GRANT.................................. 39 14.3 FOOD HYGIENE SEMINARS.......................................................... 40 14.4 NAIDOC WEEK CELEBRATIONS................................................... 41 14.5 HUNTER-CENTRAL RIVERS CATCHMENT MANAGEMENT

AUTHORITY COMMUNITY REFERENCE GROUP ........................ 42 14.6 STATUS REPORT ON PROJECTS ISSUED OR IN

PROGRESS..................................................................................... 43 14.7 COUNCIL'S HOMEPAGE STATISTICS .......................................... 44 14.8 PROPOSED TENDER PROCESS FOR COUNCIL'S

ELECTRICITY SUPPLY 2010/2011 TO 2012/2013......................... 45

15 NOTICES OF MOTION/RESCISSION ......................................................... 46

15.1 NEW YEAR'S EVE CELEBRATIONS.............................................. 46

16 QUESTIONS WITHOUT NOTICE ................................................................ 48

NIL................................................................................................................ 48

17 URGENT BUSINESS ................................................................................... 48

NIL................................................................................................................ 48

18 COMMITTEE OF THE WHOLE.................................................................... 49

18.1 ORGANISATION STRUCTURE ...................................................... 49

19 CLOSURE.................................................................................................... 51


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PRESENT

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

1 INVOCATION

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

2 APOLOGIES AND LEAVE OF ABSENCE

Nil

3 DECLARATIONS OF INTEREST

Nil

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 25 Au gust 2009 be confirmed. Moved Clr Casey, Seconded Clr Garnham

CARRIED 5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

7.1 Acceptance of Late Amendment to Item 10.2 – An amended Locality Plan for Lot 1 DP1007191, 476 High Street, Maitland.


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8 PUBLIC ACCESS

Lindsay Vernon representing himself and Morpeth Manor Action Group spoke against Item 10.1 – DA 06-3511 117 Lot Subdivision – Lot 254 DP1092466, Canterbury Drive, Raworth

Brett Tobias representing Wendy Penman spoke against Item 10.3 – DA 09-1275 Two Horse Stables – Lot 1 DP782596, 13 Louth Park Road, Maitland

Ian Rixon representing himself spoke against Item 10.5 – Smoke Free Outdoor Area Policy


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9 GENERAL MANAGER'S REPORTS

9.1 OCCUPATIONAL HEALTH & SAFETY POLICY

File No: 130/50

Attachments: 1. OHS Policy 2005 2. OHS Policy 2009

Responsible Officer: Clare Dunnicliff - Executive M anager Human Services David Evans - General Manager

Author: Kylie Newton - Safety and Rehabilitation Coordinato r

EXECUTIVE SUMMARY A review of Council’s Occupational Health and Safety Policy has been undertaken. The purpose of the revised policy is twofold. Firstly, it provides an overarching framework that assists the organisation to manage, guide and promote safe work practices and systems. Secondly, the policy ensures Council meets is legislative responsibilities. OFFICER’S RECOMMENDATION THAT 1. The existing Occupational Health and Safety Poli cy (Attachment No.1)

adopted by Council on 8 February 2005 be rescinded.

2. The policy in Attachment No.2 is adopted.

COUNCIL RESOLUTION THAT 1. The existing Occupational Health and Safety Poli cy (Attachment No.1)

adopted by Council on 8 February 2005 be rescinded.

2. The policy in Attachment No.2 is adopted.

Moved Clr Geoghegan, Seconded Clr Garnham

CARRIED


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9.2 BASIS OF EMPLOYMENT

File No: 130/1

Attachments: Nil

Responsible Officer: David Evans - General Manager

Author: Clare Dunnicliff - Executive Manager Human Services

EXECUTIVE SUMMARY Council remains committed to the ongoing development of fair, equitable and competitive employment practices that support the delivery of services to the community whilst meeting the needs of employees. At present the basis of employment is regulated by the Local Government (State) Award 2007. The Award is due for re-negotiation in the latter part of 2009, providing an opportunity to consider an appropriate basis of employment for Council and its employees. OFFICER’S RECOMMENDATION THAT 1. Council continue to develop in consultation with all stakeholders, fair,

equitable and competitive employment practices that support the delivery of services to the community whilst meeting the nee ds of employees;

2. Council’s primary basis of employment will be th e Local Government (State) Award (or its successor); and,

3. Council will where appropriate, negotiate Counci l agreement(s) with a view to providing enhanced flexibility and efficien cy and to meet the particular working needs of the Council and its emp loyees.

COUNCIL RESOLUTION THAT 1. Council continue to develop in consultation with all stakeholders, fair,

equitable and competitive employment practices that support the delivery of services to the community whilst meeting the nee ds of employees;

2. Council’s primary basis of employment will be th e Local Government (State) Award (or its successor); and,

3. Council will where appropriate, negotiate Counci l agreement(s) with a view to providing enhanced flexibility and efficien cy and to meet the particular working needs of the Council and its emp loyees.

Moved Clr Meskauskas, Seconded Clr Casey

CARRIED


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10 SERVICE PLANNING AND REGULATION REPORTS

10.1 DA 06-3511 177 LOT SUBDIVISION - LOT 254 DP109 2466, CANTERBURY DRIVE, RAWORTH RECOMMENDATION: APPROVAL

File No: DA 06-3511

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

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Stephen Punch - Principal Planner

Author: Belinda Barrie - Town Planner

Applicant: Wafid Pty Ltd

Owner: Wafid Pty Ltd

Proposal: 176 lot Torrens Title Subdivision

Location: Canterbury Drive, Raworth

Zone: 2(a) Residential

EXECUTIVE SUMMARY

Development consent is sought from Council for a residential subdivision creating 177 Lots at Canterbury Drive, Raworth. The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993, and is not subject to any significant environmental constraints. The proposal involves the staged subdivision of the land into 177 lots for residential purposes. The lots range in size from 500 square metres to 1000 square metres, with a public reserve located through the centre of the site. One lot of 6000m² next to Metford Road will be dedicated to Council for a future community facility as part of the Section 94 contributions plan. Residential subdivision is a permissible form of development in the 2(a) Residential Zone with Council consent and is consistent with the objectives of the zone. The proposal was notified for a period of thirty days from 21 December 2006 to 11 January 2007. In this period, four submissions were received. The issues contained in the submissions are addressed in the body of the report. It is not considered that the issues raised are sufficient to warrant refusal of the application. The development has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979 and is considered satisfactory. Accordingly, it is recommended that the application be approved subject to conditions.


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OFFICER’S RECOMMENDATION THAT DA 06-3511 for Subdivision – 177 Lots on Lot 254 DP 1092466 at Canterbury Drive, Raworth be approved, subject to the conditio ns of consent set out in the attached schedule. COUNCIL RESOLUTION THAT

1. DA 06-3511 for Subdivision – 177 Lots on Lot 254 DP 1092466 at Canterbury Drive, Raworth be approved, subject to t he conditions of consent set out in the attached schedule;

2. The detailed engineering design for the proposed subdivision is to allow

for the provision of suitable bollards at various l ocations throughout the pedestrian network to deter motorbike activity with in and through the subject land.

Moved Clr Procter, Seconded Clr Penfold

CARRIED The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 13 for and 0 against, as follows: For: Clr Baker Against: Clr Blackmore Clr Casey Clr Fairweather Clr Garnham Clr Geoghegan Clr Humphery Clr Meskauskas Clr Mudd Clr Penfold Clr Procter Clr Tierney Clr Wethered


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SCHEDULE OF CONDITIONS

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

1 a) 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 of this consent:

Plan Reference

Sheet

No

Ref

No

Rev n

Date

Prepared by:

(consultant)

Proposed Subdivision Plan 1 238.99 24.08.09 Rennie Golledge Pty Ltd

b) The development shall be carried out such that stages 6 & 7 are the final stages.

c) Prior to the issue of the Subdivision Certificate for Stage 4 , the intersection of Goldingham Street and Metford Road shall be constructed, consistent with this consent.

CONTRIBUTIONS & FEES

2 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a monetary contribution of $1,761,232 shall be paid to the Council and a minimum land area of 6,000m2, as shown as Lot 300 on the Proposed Subdivision Plan prepared by Rennie Golledge Pty Ltd and dated 24/8/09 shall be dedicated to Council suitable for the purpose of a community facility. The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner: lots Total 2006(A) Citywide Rec & Open Space 176 x $4,574 $805,024 2006(A) Citywide Road & Traffic Facilities 176 x $4,250 $748,000 2006(A) Citywide Cultural Facilities 176 x $821 $144,496 2006(A) Citywide Community Facilities 176 x $1,823 $320,848 2006(A) Citywide Cycleways/Shared Paths 176 x $188 $33,088 2006(A) Citywide Management/Admin 176 x $174 $30,624 _____

Offset for dedication of land 176 x $1,823 $320,8 48 Balance of funds to be paid by Council upon dedication of the land $29,913


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Total Land Value $350,761 TOTAL $1,761,232 The above contributions rates are indexed, at least annually, with reviewed rates to apply from 1st February each year in accordance with the provisions ofthe Maitland Section 94 Contributions Plan (Citywide) 2006. Please refer to Council's web page for the current rates applicable. Payment of the above amount shall apply to Development Applications as follows: - Subdivision only - prior to issue of the Subdivision Certificate. - Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate. - For extractive industries - annually from the date of issue of development consent. The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.

3 Prior to the issue of the Subdivision Certificate , “house numbering” and “subdivision certificate” fees, in accordance with Council’s Schedule of Fees and Charges, shall be paid to Council.

CERTIFICATES & REPORTS

4 Prior to issue of the Subdivision Certificate , original plans and/or documents of survey/title, and three copies, shall be submitted to Council.

5 Prior to issue of the Subdivision Certificate , a copy of a geotechnical report shall be submitted to Council: • classifying each lot in accordance with Australian Standard AS 2870, and • verifying lot fill (including road batters within lots) compaction as “level 1

controlled fill” in accordance with AS3798 and Council's Manual of Engineering Standards.

6 Prior to issue of the Construction Certificate , application, together with a plan, shall be made, and submitted to Council, for road names. The suggested names shall be supported with reasons for the chosen names.

UTILITY SERVICES

7 Roadway and pathway lighting shall be provided in accordance with the requirements of the power supply authority and Australian Standard AS 1158; • adopting categories P4 (collector roads) & P5 (local roads) for the appropriate

road type within the subdivision, • providing metered lighting for public pathways, • providing “cut-off” luminaries (such as “Aeroscreen” or similar) • adopting category V5 lighting along Metford Rd


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8 Prior to the issue of the Subdivision Certificate , water, sewerage (with direct connection to a Hunter Water treatment facility), telecommunications and electrical power services shall be reticulated for each lot in accordance with the service provider’s requirements.

9 Prior to issue of the Subdivision Certificate , documentary evidence from the providers of electrical power, communications and gas (if applicable), confirming that satisfactory arrangements have been made for the installation of infrastructure services, shall be submitted to Council.

10. Prior to the issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to Council.

VEGETATION & LANDSCAPING

11 A detailed “landscape plan”, in accordance with Council’s tree planting guidelines showing proposed street plantings, shall be submitted to Council for approval.

12 Prior to the issue of the Subdivision Certificat e the site shall be cleared of all trees:

• within the road reserve • along proposed lot boundaries

PUBLIC RESERVE

13 Prior to the issue of the Construction Certifica te for stage 1, a detailed “landscape plan” for the proposed public reserve (including the stormwater basins) shall be submitted to Council for approval.

The plan shall address:

a) species selection

b) removal and eradication of all environmental weeds and rubbish

c) full grass cover (with couch turf where regraded)

d) slopes and batters constructed for convenient mowing

e) interaction between the path, adjoining properties and the basins, creating a safe, convenient and low-maintenance, high amenity area.

f) The augmentation of planting consistent with the Lower Hunter Spotted Gum Ironbark Forest.

g) That material from live and dead hollow bearing trees, especially hollow limbs that are knocked down or lopped are to be placed onto the ground within the public reserve.

h) The hollow bearing trees are to be retained within the proposed public reserve.


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i) The Spotted Gum Ironbark Forest is to be retained on site as part of this public reserve.

The landscape plan is to be prepared in accordance with advice from a suitably qualified ecologist.

14 Prior to issue of the Subdivision Certificate for stage 1, the public reserve shall be enhanced in accordance with the approved landscaping plan.

FAUNA

15 Prior to commencement of works , a qualified ecologist shall inspect, supervise and report to Council regarding the removal and relocation of any threatened fauna species, which in the professional opinion of the ecologist, require such treatment.

FLOODING

16 Prior to issue of the Subdivision Certificate , any affected lots shall be filled to a finished surface level at or above the approved storm flood level for the watercourse within the public reserve.

ROADS & PATHS

17 Kerb and gutter and road construction with an asphaltic concrete wearing surface of all proposed roads (including the Metford Rd frontage), together with all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards.

18 An intersection treatment shall be provided in Metford Rd at its junction with Road 1, in accordance with Council’s Manual of Engineering Standards, incorporating:

a) a nominal 13m wide carriageway (with a 4.5m wide footway fronting Metford Rd)

b) pavement and centreline tapers on the east side of Metford Rd for an RTA type “AUR” or “CHR” layout (as determined by Council)

c) approximately 80m of kerb and gutter on the east side of Metford Rd opposite Road 1 (including relocation of the adjacent power pole to provide adequate clearance)

d) stormwater drainage along the western side of Metford Rd.

19 A shared pedestrian/cycle path 2.5m wide shall be provided in accordance with Council’s Manual of Engineering Standards:

a) along the western side of the proposed public reserve, including a connection link to Road 1 adjacent to lot 506, as part of stage 1

b) along the western footway of Goldingham St from the southern boundary of lot 254 DP 1092466 to Blackley Ave, as part of stage 1


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c) along the northern footway of Goldingham St to OHearn St via the existing pathway to the south, as part of stage 5

20 Pedestrian paths1.5m wide, shall be provided in accordance with Council’s Manual of Engineering Standards:

a) along all roads other than those with a “shared” path

b) along all pathways other than those nominated as “shared” paths

c) along the Metford Rd frontage

d) from Roads 4 & 6 to the “shared” path within the reserve

e) from Road 5, along Canterbury Dr (subject of DA 05-1010) to Goldingham St

f) from Road 2 to Metford Rd and Thursby St through the public reserve

21 Bus set-down facilities (including a “Modified Moonee Valley” shelter or similar) shall be provided in Metford Rd at or near its intersection with Road 1 as part of stage 3, in accordance with Council's Manual of Engineering Standards.

STORMWATER DRAINAGE

22 A major/minor stormwater drainage system shall be provided, in accordance with Council’s Manual of Engineering Standards, catering for discharge from contributing catchment areas in their ultimate developed state.

23 A stormwater detention system, catering for the ultimate developed catchment shall be designed, approved and constructed consistent with the SKM drainage report dated 30/8/06, for the subject subdivision to reduce post-developed discharges to pre-developed discharges, for the critical storm up to and including the 1% AEP (“100 year”) event, in accordance with Council’s Manual of Engineering Standards.

24 A stormwater retention system shall be designed, approved and constructed, consistent with the SKM drainage report dated 30/8/06, to entrap gross pollutants, nutrients and hydrocarbons generated from the contributing catchment areas in their ultimate developed state, in accordance with Council’s Manual of Engineering Standards.

25 An Inter-allotment Drainage stormwater pipeline, (including grated surface inlet pits) shall be constructed within stages 4, 5 & 7 benefitting the existing adjoining lots between Goldingham St and Thursby St along the southern boundary, in accordance with Council's Manual of Engineering Standards.

EROSION CONTROL

26 The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s Manual of Engineering Standards and the manual, “Managing Urban Stormwater” shall be submitted as part of the Construction Certificate application.


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CIVIL WORKS – Certification

27 Prior to issue of the Construction Certificate for the road and drainage works, an engineering design shall be prepared, in accordance with Council's Manual of Engineering Standards, for approval.

28 Prior to issue of the Subdivision Certificate , all necessary works shall be carried out in accordance with this consent and Council's Manual of Engineering Standards.

29 Prior to issue of the Subdivision Certificate for stage 1, road infrastructure works under DA051010 shall be completed.

LAND TITLE Lot numbers quoted in “Land Title” conditions refer to the approved plan. Any requirements

for specified lots within nominated reports must be cross-referenced with the approved plan.

30 The proposed public roads shall be dedicated to Council, at no cost to Council.

31 Prior to issue of the Subdivision Certificate for stage 1, the proposed Roads 1, 3 & 4 within stages 3 & 6 shall be created as a Right of Access from Metford Rd to lot 743 DP1097725 benefitting the same.

32 The public reserves shall be dedicated to Council, at no cost to Council, and without compensation, works-in-kind, or “section 94 contribution” offset or similar.

33 The authority empowered to release, vary or modify restrictions and covenants on the use of the land required by this consent, shall be nominated as “Maitland City Council”.

GENERAL TERMS OF APPROVAL FOR ABORIGINAL CULTURAL H ERITAGE VALUES

34. The applicant must apply for an Aboriginal Heritage Impact Permit in accordance with the National Parks and Wildlife Act 1974 (NPW Act), prior to disturbing, damaging or destroying Aboriginal objects that occur on the land which is the subject of the Development Application.

35. An application for an AHIMS Care and Control Permit must be lodged with any

application for an Aboriginal Heritage Impact Permit (issued under NPW Act). The applicant must provide evidence of the support or otherwise of all registered Aboriginal stakeholder groups with any application for a care and control agreement.

36. If human remains are located during the project, all works must halt in the immediate

area to prevent any further impacts to the find or finds. The local police, the Aboriginal community and DECCW are to be notified. If the remains are found to be of Aboriginal origin and the police consider the site not an investigation site for criminal activities,


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DECCW should be contacted and notified of the situation and works are not to resume in the designated area until approval in writing is provided by DECCW. In the event that a criminal investigation ensues works are not to resume in the designated area until approval in writing is provided from the Police and DECCW.

37. If Aboriginal cultural objects are uncovered due to development activities, all works

must halt in the immediate area to prevent any further impacts to the find or finds. A suitably qualified archaeologist and Aboriginal community representatives must be contacted to determine the significance of the find(s). The site is to be registered in the AHIMS (managed by DECCW) and the management outcome for the site included in the information provided to the AHIMS. It is recommended that the Aboriginal community representatives are consulted in developing and implementing management strategies for all sites, with all information required for informed consent being given to the representatives for this purpose.

38. The proponent must develop an Aboriginal Cultural Heritage Management Plan

(ACHMP) for the site to specify the policies and actions required to mitigate and manage then potential impacts of the proposal on Aboriginal cultural heritage. The ACHMP should be developed and implemented in consultation with the relevant Aboriginal stakeholders. The plan must include procedures for ongoing Aboriginal consultation and involvement, details of any proposed heritage conservation zone(s) including any proposed management strategies, management of any additional recorded sites within the project area, and identification and management of previously unrecorded sites (excluding human remains). The ACHMP should identify appropriate interim and long term custodial agreements for any Aboriginal material salvage in consultation with the local Aboriginal community and DECCW advised.

39. The applicant must continue to consult with and involve Aboriginal representatives for

the project, in the ongoing management of the Aboriginal cultural heritage values. 40. An Aboriginal Cultural Education Program must be developed for the induction of

personnel and contractors involved in the construction activities on site. The program should be developed in collaboration with the Aboriginal community.

ACOUSTIC 41. Prior to the issue of the Construction Certificate , an acoustic assessment is to be

carried out on site. This acoustic assessment is to take into account the potential impact of road noise on the proposed lots facing Metford Road. Any recommendations from this assessment are to be incorporated into the 88B instrument for those properties.

ADVICES

A You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.

B You are advised that, in accordance with the EP&A Act, (sec.109F) payment of the building industry Long Service Leave levy , where applicable, must be paid prior to issue of any Construction Certificate.


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10.2 DA 04-4690 MODIFICATION TO CONSENT - ALTERATIO N TO CONSENT CONDITIONS - LOT 1 DP1007191, 476 HIGH STREET, MAITLAND RECOMMENDATION: APPROVAL

File No: DA 04-4690

Attachments: 1. Locality Plan 2. Detailed Site Plan


Author: Greg Clayden - Senior Town Planner

Applicant: Wells Environmental Services

Owner: The Belmore Maitland Pty Ltd

Proposal: Modification to Consent Conditions to all ow the existing car park not to be accessed by vehicles between the hours of 6.00pm and 7.00am

Location: Lot 1 DP1007191, 476 High Street, Maitlan d

Zone: 3(a) General Business

EXECUTIVE SUMMARY Council, at its meeting of 11 November 2008, considered a modified development application which sought Council’s consent to reduce the car parking area at the rear of the Belmore Hotel from 12 to six (6) spaces. Council resolved to support that modified application which allowed the hotel to formalise the use of the southernmost portion of the car park for dining and related purposes. The original consent was modified through the imposition of four (4) additional conditions and amendments to two (2) existing consent conditions. Council has now received a further modified application under Section 96(2) of the Environmental Planning and Assessment Act, 1979 which seeks to amend Conditions 19 and 53 of the consent. Condition 19 currently stipulates that the remaining car parking area must not be used for any purpose other than car parking and Condition 53 specifies that “the gate leading to the car parking area is to be maintained in the open position whenever the premises are open to the public”. In summary, the modified application seeks the consent of Council to restrict vehicular access to the remaining car parking area, consisting of six spaces and the associated vehicle manoeuvring area, between the hours of 6.00pm and 7.00am. The applicant contends that the “configuration of the building and the semi-enclosed nature of the rear open section of the hotel attract those patrons who smoke to this area [along with] … patrons who utilise this area for conversation…”. The applicant further contends that the existing outdoor smoking area is not large enough to accommodate the number of smokers utilising the premises and “...crowd management and security [in particular] would function more efficiently if the gates were closed between the hours of 6.00pm to 7.00am. A car parking survey carried out for the first Section 96 application clearly demonstrated to Council that there is a


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surplus of public car parking available in the area immediately surrounding the hotel after peak business hours. Currently, the whole of the outdoor area including the car park is “licensed premises” under the Liquor Act and the hotel has the consent of the Licensing Court to use the courtyard/outdoor dining area up to 12 midnight on Monday to Saturday and up to 10.00pm on Sundays. The main portion of the premises (i.e. within the existing building) is licensed to trade from 12 midnight to 3.00am from Monday to Saturday. In parallel with this application to Council, the licensee also made an application to the Licensing Court seeking consent to allow the whole of the premises, including the car park and courtyard, to trade until 3.00am. The magistrate, sitting at the Kurri Kurri Local Court on 27 March 2009, granted the application for a trial period of six months subject to conditions. The Magistrate appears to have been satisfied by the information presented to the Court by Spectrum Acoustics in regard to noise impacts associated with the proposed use of the car park, with the trial period commencing on 1 April 2009 and due to lapse on 1 October 2009. However, the hotel operators, being reluctant to use the car parking area without the consent of Council, have only carried out the trial over the outdoor dining area at the rear of the hotel which represents only about one-third of the area available at the rear of the hotel Consequently, and following consultation with Council officers, the hotel operators have indicated to Council that they will approach the Court to seek an extension to the trial period, such that the trial period under the Liquor Act will conclude six months after the date this modified application submitted to Council is determined. This would allow both the Court and Council to monitor activities in the car park during the warmer months when the hotel is likely to be operating at its peak. Details of the Order issued by the Court on 27 March 2009 are contained within the Proposal section of this report. As a consequence of the decision by the magistrate, and following a number of subsequent meetings with Council staff, the applicant has asked Council to amend Condition 19 of the consent such that it would read as follows: 19. All six (6) parking bays, driveways and turning areas are to be maintained clear

of obstructions and under no circumstances are to be used for the storage of goods or waste materials or for any other purpose other than car parking. This condition, for a trial period of six (6) months, shall not apply between the hours of 6.00pm and 7.00am on any day the hotel trades. The trial period shall commence on the day of the determination of this application. The further consent of Council is required to extend the trial period.

This approach is generally considered to be reasonable. Sole responsibility for determining the impact of the modified development would not be left with the Court (or similar authority) and Council would be given an opportunity to ensure that the amenity of the area is not unduly affected by the hotel’s operations. To potentially negate the need for a further Section 96 application, it is considered that the suggested condition, along with Condition 53, be further modified to enable the access gate to remain closed between the hours of 6.00pm and 7.00am on a permanent basis - subject to Council being satisfied that resident amenity is not unreasonably affected by the land use during the trial period. The main “test” in determining whether the trial period is successful would be whether Council receives


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a justified complaint, or becomes aware of any justified complaints lodged with the Licensing Police or the Office of Liquor and Gaming which specifically relate to the use of the car park by patrons. Should Council not be satisfied that the land use has been carried out satisfactorily during the trial period, the wording of the subject consent conditions would revert to that contained within the modified consent issued by Council on 11 November, 2008. Refer to the Officer’s Recommendation below for details.

The modified proposal was notified and advertised for a period of 14 days ending on 12 March 2009. No submissions were received as a result of the exhibition process. The modified development application has been considered under the heads of consideration of section 79C(1) of the Environmental Planning and Assessment Act, 1979 and it is considered the amended proposal is satisfactory, subject to compliance with conditions.

OFFICER’S RECOMMENDATION

THAT

1. The modified application associated with DA 04-4 690 be approved subject to the amendments to Conditions 19 and 53 a s follows:

Condition 19

(i) All six parking bays, driveways and turning are as are to be maintained clear of obstructions and under no circu mstances are to be used for the storage of goods or waste ma terial or for any purpose other than car parking. This condition , for a trial period of six (6) months, shall not apply between t he hours of 6.00pm and 7.00am on any day the hotel trades. The trial period shall commence on the date of determination of this modified application. The further consent of Council is req uired to extend the trial period.

(ii) On completion of the trial period, and subject to Council not receiving justified complaints, vehicular access to the car park may, at the hotel operator’s discretion, be restric ted on a permanent basis between the hours of 6.00pm and 7.0 0am on any day the hotel trades. Should Council not be sa tisfied that the use of the car park has been carried out satisf actorily during the trial period, the wording of Condition 1 9 shall revert to that contained within the modified consent issue d on 11 November 2008.

Condition 53

(i) In accordance with the six (6) month trial peri od described in Condition 19, the gate leading to the car parking a rea is to be maintained in the open position from 7.00am to 6.00 pm when the premises are open to the public. The further c onsent of Council is required to extend the six (6) month tri al period.

(ii) On completion of the trial period, and subject to Council not receiving justified complaints, vehicular access to the car park may, at the hotel operator’s discretion, be restric ted on a permanent basis between the hours of 6.00pm and 7.0 0am on


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any day the hotel trades. Should Council not be sa tisfied that the use of the car park has been carried out satisf actorily during the trial period, the wording of Condition 5 3 shall revert to that contained within the modified consent issue d on 11 November 2008.

COUNCIL RESOLUTION

THAT

1. The modified application associated with DA 04-4 690 be approved subject to the amendments to Conditions 19 and 53 a s follows:

Condition 19

(i) All six parking bays, driveways and turning are as are to be maintained clear of obstructions and under no circu mstances are to be used for the storage of goods or waste ma terial or for any purpose other than car parking. This condition , for a trial period of six (6) months, shall not apply between t he hours of 6.00pm and 7.00am on any day the hotel trades. The trial period shall commence on the date of determination of this modified application. The further consent of Council is req uired to extend the trial period.


Condition 53

(i) In accordance with the six (6) month trial peri od described in Condition 19, the gate leading to the car parking a rea is to be maintained in the open position from 7.00am to 6.00 pm when the premises are open to the public. The further c onsent of Council is required to extend the six (6) month tri al period.


Moved Clr Garnham, Seconded Clr Baker

CARRIED


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The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 12 for and 1 against, as follows: For: Clr Baker Against: Clr Meskauskas Clr Blackmore Clr Casey Clr Fairweather Clr Garnham Clr Geoghegan Clr Humphery Clr Mudd Clr Penfold Clr Procter Clr Tierney Clr Wethered


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10.3 DA 09-1275 - TWO HORSE STABLES & STORAGE ROOM - LOT 1 DP 782596, 13 LOUTH PARK ROAD, SOUTH MAITLAND RECOMMENDATION: APPROVAL

File No: DA 09-1275

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


Author: Anne Humphries - Team Leader/Town Planning Assistant

Applicant: Ty Robson & Jodie Robards

Owner: Ty Robson & Jodie Robards

Proposal: Animal Establishment – Two Horse Stables

Location: 13 Louth Park Road, South Maitland

Zone: 2(b) Flood Liable Residential

EXECUTIVE SUMMARY Development consent is sought from Council for two horse stables and a storage shed, at 13 Louth Park Road, South Maitland (See Attachment 1 – Location Plan). The subject site is zoned 2(b) flood Liable Residential under the Maitland Local Environmental Plan, 1993 and is also located within the Central Maitland Heritage Conservation Area. The proposal is defined as an “Animal Establishment” in accordance with the Maitland Local Environmental Plan 1993, which is a permissible form of development in the 2(b) Flood Liable Residential zone with Council consent. The development proposes stabling for two horses and the construction of a storage shed connected to the stables under the same roofline. It is also proposed to remove an existing aviary and garage from the site. The original proposal was notified and advertised in accordance with Council policy and attracted five submissions – 3 against and 2 in support of the proposal. It is considered that conditions of consent will adequately address the concerns expressed in the submissions and that they are insufficient to warrant refusal of the application. These matters are further dealt with in the body of this report. OFFICER’S RECOMMENDATION THAT DA 09-1375 for two horse stables and store roo m on Lot 1 DP 782596, 13 Louth Park Road, South Maitland be approved subject to conditions of consent set out in the attached schedule.


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COUNCIL RESOLUTION THAT DA 09-1375 for two horse stables and store roo m on Lot 1 DP 782596, 13 Louth Park Road, South Maitland be approved subject to conditions of consent set out in the attached schedule. Moved Clr Wethered, Seconded Clr Humphery

CARRIED The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 13 for and 0 against, as follows: For: Clr Baker Against: Clr Blackmore Clr Casey Clr Fairweather Clr Garnham Clr Geoghegan Clr Humphery Clr Meskauskas Clr Mudd Clr Penfold Clr Procter Clr Tierney Clr Wethered


Page (25)

SCHEDULE OF CONDITIONS

Reason for Conditions The following conditions 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 proposed development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, and any amendments to those plans arising through conditions of this consent.

Plan Description

Sheet No

Rev nNo

Revision Date

Prepared by: (consultant)

Site Plan & Elevations 1 of 1 T Robson & J Robards

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

3 The number of horses to be kept on the premises at any one time is to be limited to a maximum of two (2).

4 Delivery, pick up and other works associated with the keeping of horses on the premises shall only be carried out between the following times:

7:00am to 8:00pm Monday to Fridays

8:00am to 8:00pm Saturdays, Sundays and Public Holidays.

LANDSCAPING

5 Prior to the issue of the Construction Certificate, a detailed landscape plan shall be prepared and submitted to Council addressing the provision of screen landscaping to the stables, yards and storage shed along the northern and eastern property boundaries. The plan shall nominate the mature height and branch spread of the tree/shrub species selected. The landscape plan shall be


Page (26)

implemented prior to the issue of an Occupation Certificate for the yards, stables and storage shed.

GENERAL PROVISIONS

6 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.

7 The stables and shed shall be constructed using custom orb profile roof and wall sheeting of a mid to dark colour, with quad profile guttering.

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

9 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.

10 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 the same time as the final inspection is being requested.

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.


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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.

SITE CONSIDERATIONS

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

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

16 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.

STRUCTURAL PROVISIONS

17 Structural plans and details depicting slab and/or footing design are to be provided with the Construction Certificate Application.

HEALTH & AMENITY

18 That part of the stables contained under the roofline is to be hard paved, graded and drained to a sewer connection in accordance with the requirements of the Hunter Water Corporation.


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19 Roof waters shall be piped to a holding tank for re-use, and the overflow shall be discharged to the street gutter.

20 A sign is to be provided on site containing emergency contact information for the person(s) responsible for the care and maintenance of the site and the included horses. The sign is to be erected in a prominent position at the front of the residence visible to Louth Park Road and shall show the name of the person(s) responsible for the site/horses and a telephone number at which the person(s) can be contacted.

21 Horse yards, enclosures and access areas to the stables are to be kept clean and the surface graded to prevent the accumulation of liquids and water run-off to adjacent premises.

22 The horses are to be kept within the stables or yard area and not allowed unlimited access to the remainder of the allotment. (The stable and yard space is to be enclosed so as to prevent the escape of the horses and to prevent them from coming within the required distance of any dwelling etc).

23 The horses and yards/stables are to be managed at all times to minimise and mitigate nuisance impacts on the immediate locality.

24 The horse stables and yards are to be constructed and maintained so that a dust nuisance is not created.

25 A large metal bin or receptacle shall be maintained with a flanged close fitting metal lid for the daily reception of all manure and waste including damp stable bedding and feed waste.

26 All manure and refuse shall be removed from the subject premises daily.

27 Suitable ammonia absorbing products (e.g. containing diatomaceous earth and clay) shall be added on a regular basis to the open pen stabling to control odours associated with urine.


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28 Animal feeds shall be stored in an approved metal receptacle provided with a fitting metal lid, so as to provide effective protection against rats and vermin.

29 All necessary measures shall be taken for the control of insect, rodent and vermin and all stables, horse yards, feed rooms, enclosures and other buildings shall be kept free from rodents, insects and vermin and from any condition likely to attract or harbour rodents, insects or vermin.

30 The operation of the site shall be carried out so as to minimise the impact of noise on the surrounding area. This shall include loading and unloading of horses and related equipment, the training and feeding of horses and any required maintenance activities.

31 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.

SCHEDULE OF ADVICE

A Council reserves the right to direct the removal of any horse from the premises, or serve a notice under the Local Government Act or the Protection of the Environment Operations Act if the horse, or horses, and premises are not maintained in accordance with these conditions.

B The proposed development has been identified as having the potential to discharge trade waste into Hunter Water’s sewerage system. You are therefore required to consult with the Hunter Water Corporation and meet any relevant requirements in relation to the disposal of trade waste into the system.


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10.4 WORKS IN KIND AGREEMENT FOR GOVERNMENT ROAD, T HORNTON

File No: 103/401/12

Attachments: 1. Letter requesting Works in Kind Agreement

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

Author: Amanda McMahon - Development Contributions Coordinator

EXECUTIVE SUMMARY

Council has received an application for a Works In Kind (WIK) Agreement for the provision of roadworks, including a roundabout along Government Road that are required as a result of proposed residential development in the Thornton North catchment area.

Development consent was issued for DA 07-3189 Government Road Thornton for the subdivision creating 41 lots, including 39 residential lots, in the April 2009. The construction of the roundabout and ancillary works is a condition of development consent for the subdivision.

This subdivision is located within the catchment area of the Thornton North Section 94 Contributions Plan 2008 and will gain access from Government Road, Thornton.

OFFICER’S RECOMMENDATION THAT 1. Council proceed with the preparation of a Works in Kind Agreement for

the provision of roadworks along Government Road, T hornton.

2. In accordance with Council’s Material Public Ben efit / Works in Kind Policy a further report be presented to Council pro viding details of the Draft Works in Kind Agreement once it has been prep ared.

COUNCIL RESOLUTION THAT 1. Council proceed with the preparation of a Works in Kind Agreement for

the provision of roadworks along Government Road, T hornton.

2. In accordance with Council’s Material Public Ben efit / Works in Kind Policy a further report be presented to Council pro viding details of the Draft Works in Kind Agreement once it has been prep ared.

Moved Clr Meskauskas, Seconded Clr Casey

CARRIED


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10.5 SMOKE FREE OUTDOOR AREA POLICY

File No: 129/1

Attachments: 1. Submissions Received 2. Draft Policy 9th June 2009 3. Amended Policy 4. Example of Regulatory Signage

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

Author: Lynn Morton - Manager Community and Recreation Services

EXECUTIVE SUMMARY The purpose of this report is to recommend adoption of a Smoke Free Outdoor Area Policy for phased implementation across the Maitland Local Government Area. OFFICER’S RECOMMENDATION THAT 1. The Smoke Free Outdoor Area Policy be adopted fo r phased

implementation with:

a. Stage 1: With effect from January 2010:

i. Within 10 metres of all children’s playgrounds u nder Council’s care and control;

ii. Within the boundaries of all sports grounds, sw imming centres and sporting facilities (excluding car park areas and access roads);

iii. Within 10 metres of Maitland Hospital entrance s located on the Maitland Hospital boundary abutting High Street ;

b. Stage 2: With effect from July 2011

i. Within 10 metres of the entrances to Council own ed or managed buildings and covered areas of those buildi ngs;

ii. Alfresco dining areas on public land, where Cou ncil has conditioned such approvals to occupy the land;

2. Responder’s to the public exhibition period be t hanked for their submission and advised of Council’s decision.

COUNCIL RESOLUTION THAT 1. The Smoke Free Outdoor Area Policy be adopted fo r phased

implementation with:


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a. Stage 1: With effect from January 2010:

i. Within 10 metres of all children’s playgrounds u nder Council’s care and control;

ii. Within the boundaries of all sports grounds, sw imming centres and sporting facilities (excluding car park areas and access roads);

iii. Within 10 metres of Maitland Hospital entrance s located on the Maitland Hospital boundary abutting High Street ;

b. Stage 2: With effect from July 2011

i. Within 10 metres of the entrances to Council own ed or managed buildings and covered areas of those buildi ngs;

ii. Alfresco dining areas on public land, where Cou ncil has conditioned such approvals to occupy the land;

2. Responder’s to the public exhibition period be t hanked for their submission and advised of Council’s decision.

Moved Clr Garnham, Seconded Clr Baker

CARRIED


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10.6 WALKA WATER WORKS PURCHASE OF A LITTLE RIVER P OND MILL

File No: PT29133

Attachments: 1. Little River Pond Mill Warabrook Lagoon 2. Algal Bloom - Walka Water Works

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

Author: Lynn Morton - Manager Community and Recreation Services

EXECUTIVE SUMMARY The purpose of this report is to recommend the purchase of a Little River Pond Mill to be installed at the Walka Water Works aimed at improving the water quality of the dam. OFFICER’S RECOMMENDATION THAT

1. Council approve the expenditure of $7,150.00 for th e purchase of a Little River Pond Mill as detailed in the report with fund s required being sourced from grant funds received from Hunter Water Corpor ation through its Community Grants Program

2. Council’s Walka Water Works Reserve Management Comm ittee be advised of its decision.

COUNCIL RESOLUTION THAT

1. Council approve the expenditure of $7,150.00 for th e purchase of a Little River Pond Mill as detailed in the report with fund s required being sourced from grant funds received from Hunter Water Corpor ation through its Community Grants Program

2. Council’s Walka Water Works Reserve Management Comm ittee be advised of its decision.

Moved Clr Garnham, Seconded Clr Penfold

CARRIED


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11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS

Nil


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12 FINANCE AND ADMINISTRATION REPORTS

12.1 MAITLAND COMMUNITY AWARDS PROGRAMME

File No: 35/44

Attachments: 1. Maitland Community Awards Programme Guidelines

Responsible Officer: Graeme Tolhurst - Group Manage r Finance and Administration

Author: Graeme Tolhurst - Group Manager Finance and Administration

EXECUTIVE SUMMARY Each year, Council holds a function in late November to honour the volunteers who serve the City of Maitland. As part of that occasion, Council calls for nominations for the City of Maitland Medal and the City of Maitland Service Award. This report is to delegate to that Committee the ownership of selecting the recipients of those Awards. OFFICER’S RECOMMENDATION THAT 1. The “Maitland Community Awards Programme Committ ee” be

established.

2. Council nominate a Councillor from each ward on the selection committee.

3. Council nominate Heather Russell-McLaren, Greg Farr ow, Margaret Sivyer to the committee.

COUNCIL RESOLUTION THAT 1. The “Maitland Community Awards Programme Committ ee” be

established with delegation to that Committee the o wnership of selecting the recipients of those Awards.

2. Council nominate Councillors Garnham, Procter, C asey, and Meskauskas, as representatives from each ward, to be on the sel ection committee.

3. Council nominate Heather Russell-McLaren, Greg Farr ow, Margaret Sivyer to the committee.


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12.2 HOSPITALITY TRAINING FACILITY - MAITLAND GAOL

File No: 60/2

Attachments: Nil


Author: Graeme Tolhurst - Group Manager Finance and Administration

EXECUTIVE SUMMARY Maitland Grossmann High School has approached Council for the establishment of a partnership in the provision of hospitality training facilities for students in Year 10 to 12. The training facility would be located in the main kitchen of Maitland Gaol. The school would provide the capital equipment of ovens, hotplates and other equipment to the value of $65,000. The kitchen at the Gaol would require some refurbishment and connection of gas, which is estimated at $15,000. This report is to request that Council fund the $15,000 from the Economic Development Reserve. OFFICER’S RECOMMENDATION THAT 1. Maitland City Council agree to a licence agreeme nt with Maitland

Grossmann High School for a hospitality training fa cility in the main kitchen at Maitland Gaol.

2. An amount of $15,000 be allocated from the Econo mic Development Reserve to fund the connection of gas and refurbish ment of the kitchen to meet Australian Standards for a hospitality trainin g facility.

COUNCIL RESOLUTION THAT 1. Maitland City Council agree to a licence agreeme nt with Maitland

Grossmann High School for a hospitality training fa cility in the main kitchen at Maitland Gaol.

2. An amount of $15,000 be allocated from the Econo mic Development Reserve to fund the connection of gas and refurbish ment of the kitchen to meet Australian Standards for a hospitality trainin g facility.

Moved Clr Tierney, Seconded Clr Fairweather

CARRIED


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13 CITY WORKS AND SERVICES REPORTS

Nil


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14 ITEMS FOR INFORMATION

14.1 2009 HOUSEHOLD CHEMICAL COLLECTION

File No: 61/32

Attachments: Nil

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer

Author: Fiona Rowan - Environmental Officer

EXECUTIVE SUMMARY The Household Chemical Collection is a FREE service offered to the local community whereby a range of unwanted household chemicals can be disposed of in an environmentally safe manner. The program is coordinated by the NSW Department of Environment, Climate Change and Water. The Maitland Household Chemical Cleanout will take place on Saturday September 12, 2009 at the Transpacific Depot at Rutherford. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.2 LITTER PREVENTION CAMPAIGN GRANT

File No: 55/17

Attachments: Nil

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Deanne Nelson-Pritchard - Senior Environmental Health Officer

Author: Michael Tinlin - Environmental Health Officer

EXECUTIVE SUMMARY Maitland City Council along with Singleton Council recently received a grant of $30,000 from the Department of Environment, Climate Change and Water. The grant will see awareness raising activities undertaken to discourage littering on the New England Highway and a blitz in the Maitland City Centre to encourage appropriate cigarette butt disposal. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Mudd, Seconded Clr Wethered

CARRIED


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14.3 FOOD HYGIENE SEMINARS

File No: 150/2

Attachments: Nil

Responsible Officer: Leanne Harris - Group Manager Service Planning and Regulation David Simm - Manager Development and Environment Murray Freeman - Senior Health & Building Surveyor

Author: Robyn Platt - Health and Building Surveyor

EXECUTIVE SUMMARY This report provides Council with information in respect of recent free Food Hygiene seminars which were attended by over 120 workers in the food industry. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.4 NAIDOC WEEK CELEBRATIONS

File No: 35/5/1 & 29/22

Attachments: 1. Thank You letter from Mindaribba Local Aboriginal Land Council


Author: Matthew Ryan - Corporate Documents Coordinator

EXECUTIVE SUMMARY The Mayor has received a thank you letter from the Mindaribba Local Aboriginal Land Council for the contributions and support towards the NAIDOC Week 2009 celebrations on behalf of the Councillors, General Manager and Council staff involved. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.5 HUNTER-CENTRAL RIVERS CATCHMENT MANAGEMENT AUT HORITY COMMUNITY REFERENCE GROUP

File No: 76/1 & 35/5/1

Attachments: 1. Letter from Hunter-Central Rivers Catchment Management Authority


Author: Matthew Ryan - Corporate Documents Coordinator

EXECUTIVE SUMMARY Council has received a letter dated 16 July 2009 from the Hunter-Central Rivers Catchment Management Authority regarding the formation of a Community Reference Group. The group will advise the Hunter-Central Rivers Catchment Management Authority on a wide range of issues concerning natural resource management. A selection process was undertaken in order to appoint representatives to the group. Clr Arch Humphrey was appointed to the group being one (1) of four (4) local government representatives appointed. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.6 STATUS REPORT ON PROJECTS ISSUED OR IN PROGRESS

File No: 122/814

Attachments: Nil

Responsible Officer: Wayne Cone - Group Manager Cit y Works and Services Ian Wakem - Manager Civil and Recreation Works Richard Minter - Manager Projects and City Services

Author: Ashley Kavanagh - Projects & Waste Services Coordinator Chandra Kasturi - Civil Works Engineer

EXECUTIVE SUMMARY A report on the status of works and projects 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 no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.7 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Attachments: Nil


Author: Adam McCarthy - Systems Administrator

EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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14.8 PROPOSED TENDER PROCESS FOR COUNCIL'S ELECTRIC ITY SUPPLY 2010/2011 TO 2012/2013

File No: 48/2

Attachments: 1. Regional Procurement Tender Proposal 2. Tender Process

Responsible Officer: Chris James - Group Manager As sets & Infrastructure Planning

Author: Stephen Hawes - Manager Infrastructure Planning and Administration

EXECUTIVE SUMMARY Hunter Councils Procurement Division - Regional Procurement - has proposed to undertake a tender process to secure contracts for Council’s Large Sites and street lighting energy supply. The proposal by Regional Procurement, in association with its partner EnergyAction, is to conduct a Reverse Tender for the provision of electricity. The proposal is consistent with Council’s resolution of 27 January 2009, to call tenders for Council’s electricity supply for all its energy needs and not just the large sites. EnergyAction has successfully undertaken many Reverse Auction tenders. OFFICER’S RECOMMENDATION THAT the information contained in this Report be no ted. COUNCIL RESOLUTION THAT the information contained in this Report be no ted. Moved Clr Casey, Seconded Clr Baker

CARRIED


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15 NOTICES OF MOTION/RESCISSION

15.1 NEW YEAR'S EVE CELEBRATIONS

NOTICE OF MOTION SUBMITTED BY CLR PHILIP PENFOLD

File No: 69/5

Attachments: Nil


Clr Philip Penfold has indicated his/her intention to move the following Notice of Motion at the next Ordinary Council Meeting, as follows:

THAT:

1. New Year’s Eve event fees identified in the Management Plan for 2009/2010 be waived on the basis of the event being a community celebration of New Year’s Eve;

2. Council notify its decision to waive the fee for a period of 28 days.

PROCEEDINGS IN BRIEF

The motion was moved:

THAT

1. New Year’s Eve event fees identified in the Management Plan for 2009/2010 be waived on the basis of the event being a community celebration of New Year’s Eve;

2. Council notify its decision to waive the fee for a period of 28 days.

(Clr Penfold/Clr Tierney) An amendment was moved: THAT 1. New Year’s Eve event fees identified in the Management Plan for 2009/2010

be waived on the basis of the event being a community celebration of New Year’s Eve;

2. Council notify its intent to waive the fee for a period of 28 days; 3. Following the 28 days notification of the waiving of the fee, a report be

presented to Council which includes the New Year’s Eve Budget, and the outcome of the public exhibition process.

(Clr Garnham/Clr Humphery The amendment when put to the meeting was declared carried and on becoming the motion was also declared carried.


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COUNCIL RESOLUTION THAT 1. New Year’s Eve event fees identified in the Mana gement Plan for

2009/2010 be waived on the basis of the event being a community celebration of New Year’s Eve;

2. Council notify its intent to waive the fee for a period of 28 days; 3. Following the 28 days notification of the waivin g of the fee, a report be

presented to Council which includes the New Year’s Eve Budget, and the outcome of the public exhibition process.

Moved Clr Garnham, Seconded Clr Humphery

CARRIED


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16 QUESTIONS WITHOUT NOTICE

Nil

17 URGENT BUSINESS

Nil


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18 COMMITTEE OF THE WHOLE

18.1 ORGANISATION STRUCTURE

File No: 130/69

Attachments: 1. ANNEXURE 1 - CURRENT ORGANISATION STRUCTURE

2. ANNEXURE 2 - PROPOSED ORGANISATION STRUCTURE


Author: David Evans - General Manager

THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (a) personnel matters concerning particular individuals (other than councillors).

EXECUTIVE SUMMARY In accordance with Section 333 of the NSW Local Government Act, the Council must review and determine the Council’s Organisation Structure within the first year of the term of the Council. This report presents a review of the structure and makes recommendations on determination of the structure for consideration by Council. OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to disc uss this item under the terms of the Local Government Act 1993 Section 10A( 2), as follows:

(a) personnel matters concerning particular individuals (other than councillors).

Moved Clr Mudd, Seconded Clr Meskauskas

CARRIED COUNCIL RESOLUTION THAT 1. Council, in accordance with Section 333 of NSW L ocal Government Act,

1993, adopt the revised Organisation Structure as s hown in Annexure 2 of this report;

2. For the purposes of S.332 of the NSW Local Governme nt Act, 1993, Council confirm the Group Manager positions within the structure to be ‘senior staff positions’.

Moved Clr Humphery, Seconded Clr Tierney

CARRIED


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ANNEXURE 2 – PROPOSED ORGANISATION STRUCTURE


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19 CLOSURE

The meeting was declared closed at 7.15 pm. ................................ ................................ General Manager Chairperson

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