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MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

24 AUGUST, 2004

MINUTES 24 AUGUST, 2004

Page (i)

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 1

2 APOLOGIES ............................................................................................... 1

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

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

5 BUSINESS ARISING FROM MINUTES...................................................... 2

6 MAYORAL MINUTE.................................................................................... 2

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

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

8.1 LATE REPORT – IN TIMES OF CRISIS – THE OFFICIAL HISTORY OF THE STATE EMERGENCY SERVICE (SES) – WILL BECOME ITEM 10.4.2........................................................ 3

8.2 LATE REPORT – ATTENDANCE BY COUNCILLOR WOODS AT CONFERENCE - WILL BECOME ITEM 10.2.5....... 3

9 ITEMS FOR INFORMATION....................................................................... 4

9.1 CORRESPONDENCE ANALYSIS............................................... 4

9.2 APPROVED BORROWINGS 2004/2005 ..................................... 5

9.3 MONTHLY FINANCIAL REPORT - JULY 2004 .......................... 6

9.4 50TH ANNIVERSARY OF 1955 FLOODS - "REMEMBER, COMMEMORATE AND PREPARE"............................................ 7

9.5 COUNCILLOR MOTIONS............................................................ 8

9.6 HUNTER RIVER ESTUARY MANAGEMENT STUDY AND PLAN............................................................................................ 9

9.7 KEY PERFORMANCE INDICATORS - JULY 2004................... 10

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS............ 11

10 OFFICERS REPORTS .............................................................................. 12

10.1 GENERAL MANAGER............................................................... 12


Page (ii)

10.1.1 IMPLEMENTATION OF MANAGEMENT PLAN......................... 12

10.2 FINANCE AND ADMINISTRATION........................................... 13

10.2.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2004 .......... 13

10.2.2 ATTENDANCE BY COUNCILLORS AT TRAINING SESSIONS & CONFERENCES ................................................. 14

10.2.3 DRAFT CODE OF CONDUCT ................................................... 15

10.2.4 COUNCILLORS INTERNET USAGE FACITLITY ...................... 16

10.2.5 LATE REPORT – ATTENDANCE BY COUNCILLOR WOODS AT CONFERENCE..................................................................... 17

10.3 SERVICE PLANNING AND REGULATION............................... 18

10.3.1 DEVELOPMENT CONTROL PLAN NO. 27 - AMENDMENT ..... 18

10.3.2 PRELIMINARY LISTING LOWER HUNTER SPOTTED GUM IRONBARK FOREST ................................................................. 20

10.3.3 RZ 02-004 - PROPOSED AMENDMENT TO MAITLAND LEP 1993 TO REZONE PART OF LOT 1 DP 1032210, PART OF LOT 1 DP 1033332, AND PART OF LOT 1 DP 778266, NO.43 - 85 DUNMORE ROAD, LARGS AND NEW 1(D) RURAL RESIDENTIAL ZONE ................................................................. 22

10.3.4 CHANGES TO AREA HEALTH SERVICE BOUNDARIES......... 24

10.3.5 ENTRY CURFEW FOR LATE NIGHT VENUES ........................ 25

10.3.6 EXEMPTIONS FROM WASTE DISPOSAL CHARGES AT WASTE DEPOT FOR 2004/2005 ............................................... 26

10.3.7 LIBERTY SWING – MAITLAND PARK....................................... 27

10.3.8 MAITLAND GILBERT AND SULLIVAN MUSICAL SOCIETY INC - PROPOSED LEASE OF LAND......................................... 28

10.3.9 PARTICIPATION IN CLEAN UP AUSTRALIA'S 'SAY NO TO PLASTIC BAGS' CAMPAIGN..................................................... 29

10.3.10 PROPOSED PROJECTS - $200,000 ROAD FUNDING ............ 30

10.3.11 RECLASSIFICATION OF STATE AND REGIONAL ROADS - SUBMISSION TO THE NSW ROAD CLASSIFICATION REVIEW PANEL......................................................................... 31

10.3.12 MORPETH JAZZ FESTIVAL 2004 - TEMPORARY ROAD CLOSURES AND KERBSIDE RESTRICTIONS......................... 33


Page (iii)

10.3.13 PLAYING FIELDS AND RECREATION FACILITY - SOMERSET PARK..................................................................... 34

10.4 CITY WORKS AND SERVICES................................................. 36

10.4.1 METFORD ROAD WORKS DEPOT ASSET MAINTENANCE & IMPROVEMENT PROPOSALS .............................................. 36

10.4.2 IN TIMES OF CRISIS - THE OFFICIAL HISTORY OF THE STATE EMERGENCY SERVICE (SES)..................................... 38

11 NOTICE OF MOTION/RESCISSION......................................................... 39

11.1 JAMES HARDIE BUILDING PRODUCTS NOTICE OF MOTION - SUBMITTED BY CLR WENDY WHITE .................... 39

12 QUESTIONS WITHOUT NOTICE ............................................................. 40

13 URGENT BUSINESS ................................................................................ 40

14 COMMITTEE OF THE WHOLE................................................................. 41

14.1 TENDERS - SUPPLY AND DELIVERY OF WASTE COVER MATERIAL AND INERT COVER MATERIAL TO 30 JUNE, 2006 TO MT VINCENT ROAD WASTE DISPOSAL DEPOT..... 41

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 42

15.1 TENDERS - SUPPLY AND DELIVERY OF WASTE COVER MATERIAL AND INERT COVER MATERIAL TO 30 JUNE, 2006 TO MT VINCENT ROAD WASTE DISPOSAL DEPOT..... 42

16 CLOSURE................................................................................................. 43


PRESENT Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Tony Keating Clr David Power Clr Steve Procter Clr Peter Way Clr Wendy White

1 INVOCATION

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

2 APOLOGIES

Apologies were received for the unavoidable absence of Councillors Woods and Meskauskas. COUNCIL RESOLUTION THAT the apology received for the unavoidable absence of Councillors Woods and Meskauskas be accepted and leave of absence be granted. Moved Clr Fairweather, seconded Clr Humphery

3 DECLARATIONS OF PECUNIARY INTEREST

Clr Fairweather declared a pecuniary interest in Item 10.3.3 due to the adjoining property being owned by his family. Clr Procter declared a pecuniary interest in Item 10.3.1 due to his family owning property nearby that would be affected.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 10 August 2004 be confirmed.

Moved Clr Fairweather, Seconded Clr White

CARRIED

Page 1


5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

Richard Bennett – Spoke for item 10.3.1 – Development Control Plan No 27 – Amendment. Aina Ranke – Spoke against item 10.3.2 - Preliminary Listing Lower Hunter Spotted Gum Ironbark Forest. Richard Bennett – Spoke for item 10.3.2 – Preliminary Listing Lower Hunter Spotted Gum Ironbark Forest

COUNCIL RESOLUTION THAT an extension of one minute be granted to Richard Bennett.

Moved Clr Geoghegan, Seconded Clr Procter

CARRIED Evelyn Burt – Spoke against item 10.3.3 – Proposed Amendment to Maitland LEP 1993 to rezone.43 - 85 Dunmore Road, Largs and New 1(D) Rural Residential Zone

COUNCIL RESOLUTION THAT an extension of one minute be granted to Evelyn Burt.

Moved Clr Humphery, Seconded Clr White

CARRIED Hector Lethbridge – Spoke against item 10.3.3 - Proposed Amendment to Maitland LEP 1993 to rezone.43 - 85 Dunmore Road, Largs and New 1(D) Rural Residential Zone Phil Blackley – Spoke for item 10.3.3 - Proposed Amendment to Maitland LEP 1993 to rezone.43 - 85 Dunmore Road, Largs and New 1(D) Rural Residential Zone

COUNCIL RESOLUTION THAT an extension of one minute be granted to Phil Blackley.

Moved Clr Geoghegan, Seconded Clr Procter

CARRIED

Page 2


8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8.1 LATE REPORT – IN TIMES OF CRISIS – THE OFFICIAL HISTORY OF THE STATE EMERGENCY SERVICE (SES) – WILL BECOME ITEM 10.4.2

8.2 LATE REPORT – ATTENDANCE BY COUNCILLOR WOODS AT

CONFERENCE - WILL BECOME ITEM 10.2.5

Page 3


9 ITEMS FOR INFORMATION

9.1 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Corporate Documents Coordinator

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

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

Moved Clr Garnham, Seconded Clr Casey

CARRIED

Page 4


9.2 APPROVED BORROWINGS 2004/2005

File No: 89/3/101


Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report details Council’s approved borrowing limit for 2004/2005, as determined by the Minister of Local Government.


Moved Clr Geoghegan, Seconded Clr Way

CARRIED

Page 5


Page 6

9.3 MONTHLY FINANCIAL REPORT - JULY 2004

File No: 35/53


Author: Phil Freeman Manager Accounting Services

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



CARRIED


Page 7

9.4 50TH ANNIVERSARY OF 1955 FLOODS - "REMEMBER, COMMEMORATE AND PREPARE".

File No: 35/21/5

Responsible Officer: Wayne Cone Group Manager City Works and Services

Author: Wayne Cone Group Manager City Works and Services

EXECUTIVE SUMMARY The details of a recent letter received from the State Emergency Service (SES)Lower Hunter Division in regard to the proposed event, “Remember, Commemorate and Prepare”, has been attached for Council’s information. This report provides Council with further details on the planning and preparations for commemoration of the 50th Anniversary of the 1955 Hunter Valley floods.


Moved Clr Way, Seconded Clr Humphery

CARRIED


Page 8

9.5 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council Officers.



CARRIED


Page 9

9.6 HUNTER RIVER ESTUARY MANAGEMENT STUDY AND PLAN

File No: 55/8

Responsible Officer: David Simm Manager Environmental Programs

Author: Stuart Dayman Senior Environmental Health Officer

EXECUTIVE SUMMARY The Hunter River Estuary Management Study and Plan represents the second stage of a three stage process of the Hunter River Estuary Management Program. The program is a collaborative initiative between Maitland City Council, Newcastle City Council, Port Stephens Council and the NSW Government that will lead to improved management and sustainable use of the Hunter River Estuary. The previously completed Hunter Estuary Process Study provides essential data and information that will be utilised in the development of the management plan. The study area for the project is defined by the tidal limits of the Hunter River and its tributaries extending from the mouth of the river to the Seaham weir on the Williams River, to Gostwyck on the Paterson River and Oakhampton on the Hunter River. The plan will be carried out by consulting group WBM Oceanics and will involve the review of existing data, comprehensive consultations with stakeholders and the community and the preparation of a plan that reflects the outcomes of these investigations. The plan will present a shared vision of the estuary’s long-term management that promotes a balance between utilisation and conservation and will provide strategies and prioritisations for works and management practices.



CARRIED


Page 10

9.7 KEY PERFORMANCE INDICATORS - JULY 2004

File No: 35/37

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Leanne Harris Manager Corporate Planning

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


Moved Clr Way, Seconded Clr White

CARRIED


Page 11

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

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

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups. A report on the status of major construction works and projects within the 2004/2005 Capital Works Program and the final projects in the 2003/2004 program are submitted for Council's information.



CARRIED


Page 12

10 OFFICERS REPORTS

10.1 GENERAL MANAGER

10.1.1 IMPLEMENTATION OF MANAGEMENT PLAN

File No: 35/33/9

Responsible Officer: David Evans General Manager


EXECUTIVE SUMMARY This report facilitates compliance with Section 407 of the Local Government Act, 1993 in reporting on the implementation of the adopted 2003/04 Management Plan.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the report on the status of Council’s 2003 / 2004 Management Plan for the June quarter be received and noted.


CARRIED


10.2 FINANCE AND ADMINISTRATION

10.2.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2004

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration

Author: Stephen Burgess Compliance Accountant

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

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

Moved Clr Fairweather, Seconded Clr Way

CARRIED

Page 13


10.2.2 ATTENDANCE BY COUNCILLORS AT TRAINING SESSIONS & CONFERENCES

File No: 35/51


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report is to authorise the attendance, conference/course costs and where necessary accommodation costs for three Councillors who wish to attend training courses and conferences as part of the Professional Development programme.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Councillor Arch Humphery attend the DIPNR Local Government Planning Reform Workshop on 30 and 31 August, 2004 with costs to be funded from Councillor Humphery’s allocation for Professional Development.

2. Councillor Wendy White attend the Regulating Land Development & Building in NSW training session on 28 August, 2004 with costs to be funded from Councillor White’s allocation for Professional Development.

3. Councillor Vicki Woods attend the Going Public Conference on 15 and 16 September, 2004 with costs to be funded from Councillor Woods’ allocation for Professional Development.


CARRIED

Page 14


Page 15

10.2.3 DRAFT CODE OF CONDUCT

File No: 35/47



EXECUTIVE SUMMARY The Department of Local Government have issued a circular to Councils with a Draft Model Code of Conduct. Once finalised the new model Code of Conduct and Guidelines will assist Council’s to review and enhance their Codes of Conduct. Council is invited to lodge its comments by 17 September, 2004.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Councillors who wish to comment on this Draft Code, must have their comments to Council’s office for submission by 15 September, 2004.


CARRIED


10.2.4 COUNCILLORS INTERNET USAGE FACITLITY

File No: 35/7


Author: Jon Dundas Manager Administration & Information Technology

EXECUTIVE SUMMARY Councillors have an increasing need to access information over the Internet. Access to the Internet is not currently available as a facility for the Councillors. This report looks at establishing an allowance as a contribution towards an Internet access facility for Councillors.


1. Council’s Payment of Expenses and Provision of Facilities for Councillors Policy be updated to reflect an Internet allowance and associated responsibilities to enable formal adoption by Council

2. The Payment of Expenses and Provision of Facilities for Councillors Policy include the provision of an allowance of $30.00 per month as a contribution towards Internet access and usage.


CARRIED

Page 16


Page 17

10.2.5 LATE REPORT – ATTENDANCE BY COUNCILLOR WOODS AT

CONFERENCE

File No: 35/51



EXECUTIVE SUMMARY This report is to authorise the attendance of Councillor Woods at the Tourism Focus Conference at Hunter Valley Gardens on 2nd and 3rd September, 2004.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Councillor Woods attend the Tourism Focus Conference on 2nd and 3rd September, 2004 with costs to be funded from Councillor Woods’ allocation for Professional Development.


CARRIED


Page 18

10.3 SERVICE PLANNING AND REGULATION

Clr Procter left the Chambers at 6.09pm 10.3.1 DEVELOPMENT CONTROL PLAN NO. 27 - AMENDMENT

File No: 103/87

Attachments: Draft DCP Public Submissions

Responsible Officer: Stephen Punch Manager Approvals and Regulatory

Author: Henry Wilson Project Officer

EXECUTIVE SUMMARY This report follows on from the exhibition of the proposed amendments to DCP No. 27 of Tenambit. The amended DCP No.27 was placed on public exhibition for a period of 28 days. The DCP has been modified having regard to the comments raised during the exhibition period by deleting the proposed road connection between Lavinia and Pont Closes.

OFFICER'S RECOMMENDATION THAT the draft amended Development Control Plan No. 27 for Tenambit, as tabled, be adopted.

PROCEEDINGS IN BRIEF

A motion was moved to adopt the Officer’s Recommendation. (Moved Clr Geoghegan, Seconded Clr Way)

Clr Geoghegan withdrew his motion.

COUNCIL RESOLUTION THAT Item 10.3.1 be recommitted.

Moved Clr Geoghegan, seconded Clr Way

CARRIED


Development Control Plan NO. 27 - Amendment (Cont.)

Page 19

COUNCIL RESOLUTION THAT the draft amended Development Control Plan No. 27 for Tenambit, as tabled be adopted, with an amendment to item 21 (d) ‘Height and Appearance’ to clarify that two storey townhouses, semi-attached and detached dwellings will only be considered if the applicant demonstrates to Council’s satisfaction that adequate consideration has been given to items (i), (ii), (iii) and (iv).


CARRIED


Page 20

Clr Procter re-entered the Chambers at 6.13pm. 10.3.2 PRELIMINARY LISTING LOWER HUNTER SPOTTED GUM IRONBARK

FOREST

File No: 103/76

Attachments: Preliminary Determination by the Scientific Committee

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY The purpose of this report is to determine the nature of any submission from Council to the NSW Scientific Committee regarding the preliminary listing of Lower Hunter Spotted Gum Ironbark Forest as an endangered ecological community under the Threatened Species Conservation Act 1995. In summary, the southernmost parts of the Maitland LGA are contained within the Sydney Bioregion, where the listing is proposed to apply. Predictive mapping of vegetation by Council (Lisa Hill 2003) shows that there are a large number of LHSGIF remnants in this area. The vegetation is of variable quality and exists almost exclusively on privately owned land. Council’s strategic planners have met with representatives of the Department of Environment and Conservation in relation to LHSGIF in the Thornton North area. It was agreed at that meeting, that the conservation of LHSGIF in the proposed corridors in the Master Plan will generally be sufficient in the Thornton North area and that the DEC will therefore support the development of policy to implement the recommendations in the Master Plan. The listing would, nevertheless, create considerable uncertainty for planning in the Maitland LGA due to the potential need for Species Impact Statements and the approval of the Director General of the Department of Environment & Conservation, on a site by site basis, where changes in land use are proposed. It is therefore important that the degree of threat in the Maitland LGA is not overstated and that any listing is based on sound evidence that the community is under threat of extinction, as stated in the preliminary determination. It is recommended that Council lodge a submission to the Scientific Committee, as detailed in this report, to stress that significant amounts of LHSGIF remain in the Lower Hunter and to note that LHSGIF is being effectively conserved in the Maitland LGA. The submission should highlight the positive effect of current planning


Preliminary Listing Lower Hunter Spotted Gum Ironbark Forest (Cont.)

Page 21

strategies by Maitland City Council and the State Government and the environmental initiatives that Council is undertaking in areas such as Four Mile Creek.

COUNCIL RESOLUTION THAT Council write to the Scientific Committee to express concern regarding the proposed listing Lower Hunter Spotted Gum Ironbark Forest as an endangered ecological community, for the reasons described in this report.

Moved Clr Procter, Seconded Clr Way

CARRIED Note Clr White recorded her vote against the Council Resolution.


Clr Fairweather left the Chambers at 6.27pm 10.3.3 RZ 02-004 - PROPOSED AMENDMENT TO MAITLAND LEP 1993 TO

REZONE PART OF LOT 1 DP 1032210, PART OF LOT 1 DP 1033332, AND PART OF LOT 1 DP 778266, NO.43 - 85 DUNMORE ROAD, LARGS AND NEW 1(D) RURAL RESIDENTIAL ZONE

File No: RZ 02-004

Attachments: (6) Locality Plan Indicative Subdivision Layout Exhibited Plan Modified Plan NSW Agriculture Submission Draft 1(d) Rural Residential Zone Submissions

Responsible Officer: Peter Cameron Manager City Strategy

Author: Bo Moshage Town Planner

EXECUTIVE SUMMARY On the 24 February 2004, Council resolved to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 to introduce a new Rural Residential 1(d) zone and to rezone part of the above land from Rural 1(a) Prime Rural Land to the new Rural 1(d) zone. The new zone and the rezoning proposal are consistent with the Maitland Urban Settlement Strategy. A total of thirty-three (33) submissions were received in response to the public exhibition. Following issues raised by Council after the exhibition period, the draft LEP has been altered with the area to be rezoned being modified. It is considered that these changes address the concerns raised in the submissions and better manage the intrusion of rural residential allotments and associated infrastructure onto surrounding farming land. The changes to the exhibited zone boundaries provide the opportunity to limit residential development to the south-west of a perimeter road, thereby separating residential development from future agricultural land uses on the other side of the perimeter road. The changes do not alter the intent of the proposed amendment or Council’s earlier resolution in this matter, particularly in relation to the introduction of the new Rural Residential 1(d) zone or the anticipated lot yield from the subject properties.

Page 22


RZ 02-004 - PROPOSED AMENDMENT TO MAITLAND LEP 1993 TO REZONE PART OF LOT 1 DP 1032210, PART OF LOT 1 DP 1033332, AND part of LOT 1 DP 778266, NO.43 - 85 DUNMORE ROAD, LARGS AND NEW 1(D) RURAL RESIDENTIAL ZONE (Cont.)

Page 23

This report provides an overview of the submissions that were received during public exhibition and recommends that the draft LEP be referred to the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) with a request that the Minister make the plan.

OFFICER'S RECOMMENDATION THAT in accordance with Section 68 of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be referred to the Department of Infrastructure, Planning and Natural Resources with a request that the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) make the Plan.

PROCEEDINGS IN BRIEF

A motion was moved to adopt the Officer’s Recommendation. (Moved Clr Procter, Seconded Clr Way)

An amendment was made by Clr Humphery as follows:

THAT Council defers requesting the Minister assisting the Minister for Infrastructure and Planning to make the plan until:

1. Council develops a set of guide lines for the subdivision of agricultural land for urban development where the subdivision alienates flood free land from flood liable land,

2. Consultation on the guidelines involve Councillors, the Regional Director of Agriculture, the Principal of Tocal Agricultural College and the Public.

3. Council completes the Rural Land Study.

(Moved Clr Humphery, Seconded Clr White)

The amendment when put to the meeting was declared lost The motion was then put to the meeting and declared carried.

COUNCIL RESOLUTION THAT in accordance with Section 68 of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be referred to the Department of Infrastructure, Planning and Natural Resources with a request that the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) make the Plan.

Moved Clr Procter, Seconded Way

CARRIED


Page 24

Clr Fairweather re-entered the Chambers at 6.55pm. 10.3.4 CHANGES TO AREA HEALTH SERVICE BOUNDARIES

File No: 68/1


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report provides information to Council regarding the changes to Area Health Service Boundaries effective from 27 July 2004. The number of area health services has been reduced from seventeen (17) to eight (8) with Hunter Health now being part of a new organisation called the Hunter-New England Area Health Service. Furthermore, Boards no longer govern area health services and the State Government has appointed acting administrators.


1. The information be received and noted.

2. Council write to the Minister for Health, the Hon Morris Iemma, seeking assurances that the levels of Health Care Services in the Maitland District will be maintained.

Moved Clr Geoghegan, Seconded Clr Humphery

CARRIED


Page 25

10.3.5 ENTRY CURFEW FOR LATE NIGHT VENUES

File No: 29/30

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Frances Holz Community Safety Officer

EXECUTIVE SUMMARY Discussions have been held with the new owners of the Clubhouse Hotel in line with Council’s current resolution to seek the voluntary reintroduction by the venue of a trial 1am entry restriction on patrons, reviewable by Council after three months. Solicitors have formally indicated that at this stage the new proprietors oppose a 1am curfew for the Clubhouse and will oppose any legal action pursuant to S104 of the Liquor Act 1982. This report appraises Council of discussions and correspondence, and outlines possible outcomes of a S104 complaint to the Liquor Administration Board.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT in line with its current resolution, Council proceed with a complaint pursuant to Section 104 of the Liquor Act 1982 through the Liquor Administration Board.

Moved Clr Keating, Seconded Clr Garnham

CARRIED


Page 26

10.3.6 EXEMPTIONS FROM WASTE DISPOSAL CHARGES AT WASTE DEPOT FOR 2004/2005

File No: 10/5


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY Under its Section 356 Donations Policy, Council can provide exemptions from Waste disposal charges at the Mount Vincent Waste Depot to charitable organisations. In line with Council’s policy all applicants must have an Australian Business Number.


1. Council grant the following organisations an exemption from waste disposal charges for 2004/2005 financial year under Section 356 of the Local Government Act;

St Vincent De Paul Society (East Maitland) $ 750.00

Salvation Army $2,000.00

Maitland Gospel Trust $ 200.00

Anglican parish of East Maitland $ 200.00

St Vincent De Paul Society (Maitland) $ 750.00

Mai-Wel Industries $2,000.00


CARRIED


Page 27

10.3.7 LIBERTY SWING – MAITLAND PARK

File No: P22377

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Brian Teare Recreation & Community Facilities Coordinator

EXECUTIVE SUMMARY This report presents to Council information regarding the donation of a “Liberty Swing”, from Variety, The Children’s Charity to be installed in Maitland Park.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council acknowledge the generous donation of the Liberty Swing by Variety, The Children’s Charity.

Moved Clr Way, Seconded Clr Geoghegan

CARRIED


Page 28

10.3.8 MAITLAND GILBERT AND SULLIVAN MUSICAL SOCIETY INC - PROPOSED LEASE OF LAND

File No: P24104

Attachment: Plan of Land


Author: Judy Jaeger Manager Community & Recreation

EXECUTIVE SUMMARY This report provides an update on a proposal from Maitland Gilbert & Sullivan Musical Society Inc. in 1999 to lease part of Lot 38 Rose Street, Maitland for the erection of a facility for the storage of props and other Society activities.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council confirm the arrangements as per the Council Resolution 13/99 and advise Maitland Gilbert & Sullivan Musical Society Inc. accordingly, subject to DA consent being obtained prior to the proposed lease being finalised.


CARRIED


Page 29

10.3.9 PARTICIPATION IN CLEAN UP AUSTRALIA'S 'SAY NO TO PLASTIC BAGS' CAMPAIGN

File No: 61/32/2

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY The nationally recognised community environmental organisation, Clean Up Australia, recently released the campaign ‘Say No to Plastic Bags’. This campaign has received strong national media coverage and has equally received strong support and participation by large retail orgaisations such as Woolworth’s, Coles and Stocklands. The campaign is essentially directed at reducing the use of plastic bags through education and sale of alternative bags. It does not call for a ban on the use of plastic bags. As part of the campaign organisations can nominate to become ambassadors of the program. Clean Up Australia has a range of promotional material available to Local Councils and community groups that become an Ambassador to their campaign, reducing the need to duplicate efforts to achieve the same goal, a reduction in the number of plastic bags used throughout Australia Council’s participation and endorsement of the ‘Say No to Plastic Bags’ campaign is an effective way to become more involved in the promotion of this issue, while limiting to demand on Councils resources, and maintaining consistency with the national approach to this issue. The “Say No To Plastic Bags” campaign is consistent with the Hunter Waste Educators Group’s recent efforts to promote a plastic bag reduction project in the Lower Hunter. Council is a member of this group.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council endorse Clean Up Australia’s ‘Say No to Plastic Bag’ campaign and become an Ambassador for the project.

Moved Clr White, Seconded Clr Way

CARRIED


Page 30

10.3.10 PROPOSED PROJECTS - $200,000 ROAD FUNDING

File No: 35/33/10


Author: Chris McGrath Asset Engineer

EXECUTIVE SUMMARY At the 22 June 2004 Council meeting, Council resolved that an additional $200,000 be adopted for road works throughout the City. This report highlights the possible projects for the extra funding

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council adopt the projects listed in this report for the expenditure of the additional $200,000 allocated for road works at the 22 June 2004 Council Meeting (Item 10.1.1)

Moved Clr Fairweather, Seconded Clr Procter

CARRIED


10.3.11 RECLASSIFICATION OF STATE AND REGIONAL ROADS - SUBMISSION TO THE NSW ROAD CLASSIFICATION REVIEW PANEL

File No: 92/2

Attachments: Current NSW Road Management Arrangements Frequently Asked Question Regarding the Review Panel


Author: Chris McGrath Asset Engineer

EXECUTIVE SUMMARY A review of the classification of State and Regional Roads was announced last year as an initiative of the State Government. The State Government classifies the State’s more important roads as either State or Regional for the purpose of allocation of funding and responsibility between the RTA and Councils.

The review is intended to adjust the State networks to ensure that State resources are targeted to the most important set of roads that best meets the social and economic needs across New South Wales. The government has appointed a three-person panel to undertake the review. This panel has invited submissions for road reclassification from Councils and the RTA for consideration.

The reclassification review can have a direct financial implication for Council in that if any of the roads is reclassified to local, then the maintenance responsibility lies completely with Council. Likewise, if a road is classified upwards then State government funding would be available for that road. The successful classification of any additional roads submitted will place these particular roads as candidates for funding from the State Government.

OFFICER'S RECOMMENDATION THAT:

The submission to the NSW Road Classification Review Panel include the:

• The existing State and Regional Road classification of Councils roads as detailed in the report remain the same

• That the connection from the crossroads of the New England Highway and Cessnock Road Roundabout and the Belmore Bridge along parts of

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Reclassification of State and Regional Roads - Submission to the NSW Road Classification Review Panel (Cont.)

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KenTubman Drive, Allan Walsh Drive and Church Street, Maitland be reclassified as a State Road.

PROCEEDINGS IN BRIEF As advised by the General Manager, following advice received from Dungog Shire Council, an amendment has been made to the Officers Recommendation to read as follows:

THAT:

The submission to the NSW Road Classification Review Panel include:

• The existing State and Regional Road classification of Council’s roads (with the exception of Main Road 101) as detailed in the report remain the same.

• The existing MR 101 (High Street/Belmore Road/Maitland Road/Paterson Road and Tocal Road) from the New England Highway to the Maitland/Dungog Council boundary be reclassified as a State Road.

• The connection from the crossroads of the New England Highway and Cessnock road roundabout and the Belmore Bridge along parts of Ken Tubman Drive, Allan Walsh Drive and Church Street, Maitland be reclassified as a State Road.

COUNCIL RESOLUTION THAT:

The submission to the NSW Road Classification Review Panel include:

• The existing State and Regional Road classification of Council’s roads (with the exception of Main Road 101) as detailed in the report remain the same.

• The existing MR 101 (High Street/Belmore Road/Maitland Road/Paterson Road and Tocal Road) from the New England Highway to the Maitland/Dungog Council boundary be reclassified as a State Road.

• The connection from the crossroads of the New England Highway and Cessnock road roundabout and the Belmore Bridge along parts of Ken Tubman Drive, Allan Walsh Drive and Church Street, Maitland be reclassified as a State Road.

• The connection from Melbourne Street intersection at New England Highway, continuing on Melbourne Street, Morpeth Road and Swan Street, to the intersection with the Morpeth Bridge, be reclassified as a State Road.


CARRIED


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10.3.12 MORPETH JAZZ FESTIVAL 2004 - TEMPORARY ROAD CLOSURES AND KERBSIDE RESTRICTIONS

File No: 122/944/3

Responsible Officer: Brad Everett Group Manager SP&R

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY This report details an application made by Hunter River Country Tourism to temporarily close various streets in Morpeth for the “Morpeth Jazz Festival 2004”. The application was advertised for comment and submitted to the Local Traffic Committee (LTC) on 5 August 2004 for consideration. The LTC has recommended that the temporary closures proceed and that certain traffic management and parking arrangements be implemented along with the closures.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

1. Permission to temporarily close various streets in Morpeth (to vehicular traffic only), for the purposes of conducting the “Morpeth Jazz Festival 2004” be granted as follows: -

7.00 am Saturday 11th September 2004 to 6.00 pm Sunday 12th September 2004

• Swan Street – Tank Street to Northumberland Street • Berkley Street – Swan Street to Close Street • Green Street – Swan Street to Close Street • Elizabeth Street – Tank Street to Green Street

2. The conditions and kerbside restrictions recommended by the Local

Traffic Committee be approved.

Moved Clr Garnham, Seconded Clr Way

CARRIED


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10.3.13 PLAYING FIELDS AND RECREATION FACILITY - SOMERSET PARK

File No: 103/41

Attachments: Correspondence



EXECUTIVE SUMMARY This report provides Council with information relating to the proposed playing fields and recreation facility in Somerset Park Estate and discusses an offer from the developer for Council to consider allowing the developer to construct the facilities as “works in kind” using section 94 contributions already collected for this purpose. The report also details proposed land dedication in the estate and clarifies issues associated with a site originally proposed as a ‘convenience store’ under the provisions of the Development Control Plan that applies to the area.

OFFICER'S RECOMMENDATION THAT

1. The contents of this report be received and noted

2. Council grant approval ‘in principle’ for the sporting fields, recreation facility and associated works to be considered ‘in kind’, subject to further negotiations and details, such as value and timing of works as well as contractual arrangements being clarified.

PROCEEDINGS IN BRIEF A motion was moved to adopt the Officer’s Recommendation with the inclusion of a third item to the recommendation as follows:

That Council seek expressions of interest from community groups, sporting and recreation groups and those seeking use of these facilities.

(Moved Clr Keating, Seconded Clr Power)

COUNCIL RESOLUTION THAT

1. The contents of this report be received and noted


Playing Field and Recreation Facility - Somerset Park (Cont.)

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2. Council grant approval ‘in principle’ for the sporting fields, recreation facility and associated works to be considered ‘in kind’, subject to further negotiations and details, such as value and timing of works as well as contractual arrangements being clarified.

3. That Council seek expressions of interest from community groups, sporting and recreation groups and those seeking use of these facilities.

Moved Clr Keating, Seconded Clr Power

CARRIED


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10.4 CITY WORKS AND SERVICES

10.4.1 METFORD ROAD WORKS DEPOT ASSET MAINTENANCE & IMPROVEMENT PROPOSALS

File No: 137/625 & 12/10

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Ashley Kavanagh Trainee Engineer

EXECUTIVE SUMMARY This report on Council’s Metford Road Works Depot provides information in regard to the land title and ownership, discusses the suitability of the current location and the reasons for staying at this location, and provides details on improvement works carried out at the depot over recent years. The report details a review of the remaining four (4) stages of the Council approved five (5) stage program for maintenance and improvement of the works depot assets, provides estimates of cost, and indicates some of the benefits of carrying out these works. The report recommends adoption of the revised staged asset maintenance and improvement proposal, with funding to be sourced from land sales, held in reserve, to complete stage 2 in 2004/05.

OFFICER'S RECOMMENDATION THAT:

1. Council adopt the revised forward program of asset maintenance and improvement works presented in this report for the Metford Road Works Depot, and the staging of these works.

2. Funding for Stage 2 of the above works in 2004/05 be sourced from land sales funds, currently held in reserve.

COUNCIL RESOLUTION THAT:

1. Council adopt the revised forward program of asset maintenance and improvement works presented in this report for the Metford Road Works Depot, and the staging of these works.


METFORD ROAD WORKS DEPOT ASSET MAINTENANCE & IMPROVEMENT PROPOSALS (Cont.)

2. Funding for Stage 2 of the above works in 2004/05 be sourced from the Asset Reserve.

Moved Clr Fairweather, Seconded Clr Procter CARRIED

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10.4.2 IN TIMES OF CRISIS - THE OFFICIAL HISTORY OF THE STATE EMERGENCY SERVICE (SES)

File No: 110/10

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Wayne Cone Group Manager City Works & Services

EXECUTIVE SUMMARY This report deals with an invitation from Focus Publishing Pty Ltd and the NSW State Emergency Service (SES) to contribute, as a Project Partner, to the “In Times of Crisis” – the official history of the SES, publishing project. The report details how the publisher believes Council can benefit from participation in the project, how the book will be marketed, and recommends Council contribute $3,000 for a consortium package, funded from Councils current Marketing budget.

OFFICER’S RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council participate as a project partner in the “In Times of Crisis” – the official history of the SES, publishing project.

2. Council contribute $3,000 for a Council Consortium package, to be funded from Council’s 2004/05 marketing budget.

Moved Clr Way, Seconded Clr Fairweather

CARRIED


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11 NOTICE OF MOTION/RESCISSION

11.1 JAMES HARDIE BUILDING PRODUCTS NOTICE OF MOTION - SUBMITTED BY CLR WENDY WHITE

File No: 130/50/3


Clr Wendy White has indicated her intention to move the following Notice of Motion at the next Ordinary Council Meeting of Council on 24 August 2004, as follows: That in view of the failure of James Hardie to make provision for adequate compensation for existing and future victims of asbestos related diseases this Council declares that – it will prohibit the use of James Hardie projects until such time as the company takes steps to ensure that full compensation is guaranteed to existing and future victims. To this end Council requires all building contractors and their subcontractors engaged on capital works and/or maintenance projects for Council to enter into a binding agreement with Council not to use James Hardie products until such time as existing and future victims of asbestos related diseases are guaranteed full compensation.

COUNCIL RESOLUTION THAT in view of the failure of James Hardie to make provision for adequate compensation for existing and future victims of asbestos related diseases this Council declares that – it will prohibit the use of James Hardie projects until such time as the company takes steps to ensure that full compensation is guaranteed to existing and future victims. To this end Council requires all building contractors and their subcontractors engaged on capital works and/or maintenance projects for Council to enter into a binding agreement with Council not to use James Hardie products until such time as existing and future victims of asbestos related diseases are guaranteed full compensation.

Moved Clr White, Seconded Clr Power

CARRIED


12 QUESTIONS WITHOUT NOTICE

Councillor Fairweather commented that he had noticed surveyors in the carpark in Sempill Street, behind the Courthouse. He queried whether some arrangement could be made with the Department of Mineral Resources for the employees of the Infringement Processing Bureau to use their carpark until the works on the IPB carpark have been completed. The General Manager advised that they are currently following this up.

13 URGENT BUSINESS

Nil

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14 COMMITTEE OF THE WHOLE

14.1 TENDERS - SUPPLY AND DELIVERY OF WASTE COVER MATERIAL AND INERT COVER MATERIAL TO 30 JUNE, 2006 TO MT VINCENT ROAD WASTE DISPOSAL DEPOT

File No: 137/1003

Responsible Officer: Richard Minter Manager Consulting and Contracts

Author: Ross Aquilina Survey Design Officer

EXECUTIVE SUMMARY Tenders for the supply and delivery of suitable waste cover material and inert cover material to 30 June, 2006 to Mt Vincent Road Waste Disposal Depot are submitted for Council's determination. This report is submitted to Committee of the Whole as it contains confidential information.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

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

Moved Clr Humphery, Seconded Clr Procter

CARRIED


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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 TENDERS - SUPPLY AND DELIVERY OF WASTE COVER MATERIAL AND INERT COVER MATERIAL TO 30 JUNE, 2006 TO MT VINCENT ROAD WASTE DISPOSAL DEPOT

File No: 137/1003

Responsible Officer: Richard Minter Manager Consulting and Contracts

Author: Ross Aquilina Survey Design Officer

EXECUTIVE SUMMARY Tenders for the supply and delivery of suitable waste cover material and inert cover material to 30 June, 2006 to Mt Vincent Road Waste Disposal Depot are submitted for Council's determination. This report is submitted to Committee of the Whole as it contains confidential information.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council accept the tender of Gosforth Quarries for the supply and delivery of suitable waste cover material and inert cover material to 30 June, 2006 to Mt Vincent Road Waste Disposal Depot at the price of $6.90 per tonne (GST inclusive);

2. The Common Seal of Council be affixed to the contract documents

Moved Clr Way, Seconded Clr White

CARRIED


16 CLOSURE

The meeting was declared closed at 7.53pm. ....................……............ ......……......................... General Manager Chairperson

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