maitland city council ordinary meeting agenda...2004/05/25 · maitland city council ordinary...

MAITLAND CITY COUNCIL

ORDINARY MEETING AGENDA

25 MAY, 2004

ORDINARY MEETING AGENDA 25 MAY, 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...................................................... 1

6 MAYORAL MINUTES ................................................................................. 2

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

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 2

9 ITEMS FOR INFORMATION....................................................................... 3

9.1 METFORD ROAD RAIL UNDERPASS ....................................... 3

9.2 KEY PERFORMANCE INDICATORS - APRIL 2004 ................... 5

9.3 CORRESPONDENCE ANALYSIS............................................. 16

9.4 CORRESPONDENCE FROM JOHN PRICE, MP ...................... 18

9.5 MONTHLY FINANCIAL REPORT - APRIL 2004....................... 19

9.6 COUNCILLOR MOTIONS.......................................................... 22

9.7 COUNCIL'S HOMEPAGE STATISTICS .................................... 27

9.8 DRUMMUSTER 2004................................................................. 28

9.9 HOUSEHOLD CHEMICAL CLEAN OUT - 2004........................ 29

9.10 STATUS REPORT ON CAPITAL WORKS PROJECTS............ 31

10 OFFICERS REPORTS .............................................................................. 35

10.1 GENERAL MANAGER............................................................... 35

10.1.1 IMPLEMENTATION OF MANAGEMENT PLAN......................... 35

10.2 FINANCE AND ADMINISTRATION........................................... 36


Page (ii)

10.2.1 STATEMENT OF INVESTMENTS HELD AS AT 30 APRIL 2004 ........................................................................................... 36

10.2.2 SANDAKAN COMMEMORATION SERVICE ............................. 39

10.3 SERVICE PLANNING AND REGULATION............................... 41

10.3.1 03-3044 DEMOLITION OF FORMER CARETAKER'S COTTAGE LOT 7001,D.P 1052969 EDWARD ST, MORPETH RECOMMENDATION: DEFERRED ........................................... 41

10.3.2 ADOPTION OF AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES ............................................................... 50

10.3.3 BROUGH HOUSE ...................................................................... 57

10.3.4 FEES & CHARGES .................................................................... 64

10.3.5 INTEGRATED FAMILY CENTRE, WOODBERRY ..................... 69

10.3.6 MYE - MAITLAND YOUTH ENTERPRISE ................................. 72

10.3.7 RECREATION SERVICES URGENT REPAIRS ........................ 76

10.3.8 REGIONAL PLASTIC BAG REDUCTION CAMPAIGN .............. 77

10.3.9 BED AND BREAKFAST ACCOMMODATION ROAD SIGNAGE ................................................................................... 80

10.3.10 BOER WAR MEMORIAL DEDICATION CEREMONY ROAD CLOSURE .................................................................................. 83

10.3.11 ROYAL FLYING DOCTORS OUTBACK TREK BASH ............... 85

10.3.12 THIRD CROSSING OF THE HUNTER RIVER........................... 87

10.3.13 WINDERS LANE LOCHINVAR .................................................. 91

10.3.14 REVIEW OF ROAD SAFETY STRATEGIC PLAN ..................... 96

11 NOTICE OF MOTION/RESCISSION......................................................... 98

11.1 CENTRAL MAITLAND PARKING NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER ............................ 98

11.2 MAITLAND LOCAL GOVERNMENT WARD BOUNDARIES NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER ........................................................................102

12 QUESTIONS WITHOUT NOTICE ............................................................104

13 URGENT BUSINESS ...............................................................................104


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14 COMMITTEE OF THE WHOLE................................................................105

14.1 MT VINCENT WASTE DEPOT LANDFILL GAS MANAGEMENT - EXPRESSIONS OF INTEREST ...................105

14.2 MAITLAND RIVER WALK PROJECT - TENDER AND PAVILIONS ...............................................................................106

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...107

16 CLOSURE................................................................................................107


PRESENT

1 INVOCATION

2 APOLOGIES

3 DECLARATIONS OF PECUNIARY INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

• The minutes of the Ordinary Meeting of Council held 11 May 2004 be confirmed.

5 BUSINESS ARISING FROM MINUTES

Page 1


6 MAYORAL MINUTES

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Page 2


9 ITEMS FOR INFORMATION

9.1 METFORD ROAD RAIL UNDERPASS

File No: 222/387

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Chris James Manager Assets & Infrastructure Planning

EXECUTIVE SUMMARY Council has been formally advised of the successful contractor and contract programme for the construction of the new rail underpass at Metford. This report provides a summary of the key dates.

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

REPORT Council has been formally advised that the Rail Infrastructure Corporation (RIC) has awarded a contract to Arenco Pty Ltd for the construction of the new rail underpass and associated roadworks on Metford Road at Metford. The proposed construction programme is as follows

• Archival recording of the old brickworks: in progress, complete by Wednesday 19 May 2004.

• Stripping out and removal of asbestos from the old brickworks buildings: commence Wednesday 19th May 2004.

• Demolition of brickworks buildings and chimneys: commence Monday 24 May 2004.

• Excavation for new road: commence in late June 2004. • Completion of all works: December 2004

RIC has arranged 3 major track possessions for the construction of the rail bridge, during which times it is proposed to close the Metford Road level crossing. The track possessions are as follows:

Page 3


Metford Road Rail Underpass (Cont.)

• Saturday 12 June (0200) to Tuesday 15 June (0200): installation of bored piles

• Saturday 19 June (0600) to Sunday 20 June (2200): installation of bored piles

• Saturday 14 June (0600) to Monday 16 June (0600): installation of precast concrete headstocks, girders and track approach slabs

Page 4


9.2 KEY PERFORMANCE INDICATORS - APRIL 2004

File No: 35/37

Responsible Officer: Leanne Harris Manager - Corporate Planning

Author: Stephen Burgess Business Support Officer

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


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

Page 5


KEY PERFORMANCE INDICATORS - APRIL 2004 (Cont.)

For the 12 (twelve) month period May 2003 to April 2004, the average monthly number of lodged Development Applications was 175 and the average monthly number of approved applications was 179. In April 2004, there were 154 Development Applications approved, this being 14% lower than the monthly average, and 152 Development Applications were lodged, this being 13% lower than the monthly average. During the 12 (twelve) month period May 2003 to April 2004, there were 50 more Development Applications approved than were lodged. This explains the decrease in the number of on-hand applications in April 2004 compared to April 2003. The Median Processing Times for Development Applications is showing an encouraging decline. The median days achieved in April 2004 was 6 days below the average median days for the 12 (twelve) month period May 2003 to April 2004. The June 2003 Estimated Value of Development Applications included the $10,000,000 Development Application for the Department of Mineral Resources building. For the 12 (twelve) month period May 2003 to April 2004, the average monthly number of lodged Construction Certificates was 154 and the average monthly number of approved Construction Certificates was 156. In April 2004, there were 145 Construction Certificates approved, this being 7% lower than the monthly average, and 135 Construction Certificates were lodged, this being 12 lower than the monthly average. During the 12 (twelve) month period May 2003 to April 2004, there were 18 more applications approved then were lodged. This explains the decrease in the number of on-hand applications in April 2004 compared to April 2003. The Median Processing Times for Construction Certificates is showing an encouraging decline. The median days achieved in April 2004 was 6 days below the average median days for the 12 (twelve) month period May 2003 to April 2004.

Page 6



DAs - On-Hand, Lodged & Approved Applications

100

120140

160180

200220

240

050100150200250300350400450

Lodged 198 163 185 161 173 218 174 154 135 171 211 152

Approved 186 214 189 182 156 211 186 165 124 164 214 154

On-Hand 383 332 328 307 324 331 319 308 319 326 323 321

M 03 J J A S O N D J 04 F M A

Trendline - Approved

DAs - Median Processing Times

0

5

10

15

20

25

30

35

40

Calendar Days 25 35 20 18 18 16 15 19 21 13 11 13


Trend Line

DAs - Estimated Value of Development

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$35,000

$40,000

$'00

0s

Estimated Value $22,097 $34,719 $16,121 $20,980 $18,869 $26,291 $22,045 $16,495 $25,566 $13,649 $21,971 $10,453


Page 7



CCs - On-Hand, Lodged & Approved Applications

0

50

100

150

200

250

0

50

100

150

200

250

Lodged 145 124 147 140 176 200 163 133 138 170 177 135

Approved 122 171 146 150 138 209 174 151 111 167 182 145

On-Hand 234 187 188 178 216 207 196 178 205 208 203 193


Trendline - Approved

CCs - Median Processing Times

0

5

10

15

20

25

30

35

40

Calendar Days 26 35 16 14 15 14 12 12 16 11 8 10


Trend Line

CCs Estimated Value of Construction

$0

$2,000

$4,000

$6,000

$8,000

$10,000

$12,000

$14,000

$16,000

$18,000

$'00

0s

Estimated Value $10,545 $10,374 $13,564 $10,627 $6,881 $15,318 $12,065 $10,502 $8,977 $11,254 $14,537 $10,196


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Page 9

Performance Indicator: Consolidated Development Services Income Actual consolidated year to date (YTD) Development Services Income for April 2004 exceeded the April YTD vote by $179,000. There have been three quarterly review adjustments this year increasing the consolidated Development Services Income YTD vote by a total of $587,000. The following graph shows actual YTD consolidated Development Services Income to April 2004, and forecasted YTD income based on the average of the last twelve (12) months actual consolidated Development Services Income.

YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME (Projection based on average monthly

income over last 12 months)

$0

$500

$1,000

$1,500

$2,000

$2,500

$ 00

0's

Actual YTD $193 $382 $563 $792 $964 $1,188 $1,325 $1,549 $1,746 $1,920

$2,109 $2,298

Vote $121 $242 $563 $684 $805 $1,188 $1,309 $1,430 $1,620 $1,741 $1,862 $1,983

J 03 A S O N D J 04 F M A M J

Forecast



Page 10

Performance Indicator: Patronage of Community Services Patronage at Council’s libraries, art gallery, visitor centre, and childhood immunisation clinics are displayed graphically below to more clearly identify trends of usage at the various facilities. Overall patronage trends at Council’s libraries for the months February to April 2004 inclusive are similar to the patronage trends for the corresponding period last year. Total patronage for all libraries for the three months February to April 2004 inclusive was 1.5% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons :- City 2% lower East Maitland 4% lower Rutherford 5% lower Thornton 32% higher

LIBRARY VISITORS

02,0004,0006,0008,000

10,00012,00014,00016,00018,00020,000

8,097 9,605 9,384 8,546 9,611 8,296

4,079 4,181 4,468 3,600 4,402 4,205

Ruth 720 925 628 643 828 690

2,436 1,682 2,117 2,991 2,898 2,330

15,332 16,393 16,597 15,780 17,739 15,521

Feb 2003 Mar 2003 Apr 2003 Feb 2004 Mar 2004 Apr 2004

Library Visitors

City

East

Thorn

Total



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The tremendous increase in the Art Gallery patronage for the month of April 2003 was due primarily to Steamfest celebrations, and this indicates the strength of Maitland’s tourism economy. The relocation of the Art Gallery to the new Cultural Precinct, however, places the Art Gallery off the Steamfest trail, resulting in a substantially lower attendance figure for April 2004 compared to April 2003. Patronage for April 2004, however, was substantially higher than the two preceding months due primarily to school holiday activities held during the month.

ART GALLERY VISITORS

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

673 447 3,533 672 494 973


Art Gallery Visitors



Page 12

The Maitland Visitor Information Centre enquiries for the month of April 2004 showed a marked growth over the previous month as a result of events such as Heritage Celebrations and more importantly Hunter Valley Steamfest with a total of 8,652 enquiries. Many of these were in person enquiries for visitors purchasing tickets on trains for Steamfest with 74.1% of tickets being sold prior to the weekend equating to 4,353 tickets. Total enquiries for 2004 to the end of April were 24,814

VISITOR INFORMATION CENTRE ENQUIRIES

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

3,793 4,018 6,327

893 1,351 1,838

Mail 637 514 487

Feb 2004 Mar 2004 Apr 2004

Personal

Telephone



Page 13

The childhood immunisation clinic attendances dropped for the month of April 2004 due to the school and Easter holiday period. These results are consistent with previous years. Attendances are expected to rise to normal levels during May.

IMMUNISATION ATTENDANCES

0

20

40

60

80

100

120

24 18 16 13 14 0

46 35 54 32 27 20

24 25 27 8 20 0

94 78 97 53 61 20


Immunisation Attendances

Thornton

Rutherford

Town Hall

Total



Page 14

Performance Indicator: Rates Collections As at 30th June 2003, 6.2% of rates levied for the 2002 / 2003 year remained uncollected. (In comparison, as at 30th June 2002, 7.74% of the rates levied for the 2001 /2002 year remained uncollected). The graph shows the reductions achieved per month in the percentage of rates in arrears. The percentage of rates in arrears at the end of April 2004 is below the percentage of rates in arrears at the end of April 2003 indicating improved efficiency in the rates recovery function. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer. Please note that arrears figures do not include current financial year rates that remain uncollected.

Percentage of 2002/2003 Rates in Arrears

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%

5.50%

6.00%

Fin Year 2002 5.95%5.22%4.57% 4.01%3.73%3.46%3.24%2.99%2.73% 2.54%2.31%2.21%

Fin Year 2003 5.03%4.47%3.92% 3.46%3.16%2.96%2.70%2.50%2.25% 2.09%

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



Page 15

Performance Indicator: Food Premises Inspections The number of Food premises inspections over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 49. April 2004 inspections were 23 above the average. For the period July 2003 to April 2004 there have been two (2) Notice Orders issued under the Local Government Act for repair and maintenance type work, and four (4) Clean Up Notices issued under the Food Act. There have been no prosecutions undertaken for this period.

FOOD PREMISES INSPECTIONS

0

10

20

30

40

50

60

70

80

90

Inspections 49 77 57 64 72 28 26 26 48 31 43 72



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9.3 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.


REPORT DOCUMENT FLOW TOTAL Number of Documents Received April 2004 1961 TOTAL Number of Documents Sent April 2004 1415 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.

ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 31/3/2004 91 PLUS Actionable Items Received April 2004 47

LESS Outstanding Items Actioned April 2004 30

TOTAL Number of Outstanding Documents Over 30 Days 30/4/2004 108

Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table.

This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.


CORRESPONDENCE ANALYSIS (Cont.)

Page 17

ACTIONABLE DOCUMENTS BY CATEGORY

• Approvals 26

• Customer Service Requests 0

• General 80

• Works/Projects 0

• Rating 2

TOTAL Outstanding Over 30 Days 30/4/2004 108 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.


Page 18

9.4 CORRESPONDENCE FROM JOHN PRICE, MP

File No: 140/5

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Chris James Manager Assets and Infrastructure Planning

EXECUTIVE SUMMARY The Member for Maitland, Mr John Price MP, has advised that Councillor Paul Casey has agreed to act as his nominee on the Local Traffic Committee.


REPORT The Local Traffic Committee membership consists of Representative of council, Representative of Police Service, Representative of RTA, State Members of Parliament (or their representative). The Member for Maitland, Mr John Price MP, has advised that Councillor Paul Casey has agreed to act as his nominee on the Local Traffic Committee.


Page 19

9.5 MONTHLY FINANCIAL REPORT - APRIL 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.


REPORT The Statement of Financial Performance shows a net surplus for the period ending 30 April 2004 of $8,510,000. Council’s revenue from ordinary activities is generally in line with budget year to date figures. Expenses from ordinary activities are also in line with budget year to date figures, with the exception of materials and contracts, which are below year to date figures. This is mainly due to projects being programmed for May and June 2004, and a number of works that were carried over from 2002/03. The Statement of Financial Position shows that Council has net assets totalling $406,336,000.


MONTHLY FINANCIAL REPORT - APRIL 2004 (Cont.)

Page 20


MONTHLY FINANCIAL REPORT - APRIL 2004 (Cont.)

Page 21


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9.6 COUNCILLOR MOTIONS

File No: 35/61

Attachments (1): Report as at 20 May 2004

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council Officers. It is proposed that this report will be presented at the 2nd Ordinary Meeting of Council each month for information.


REPORT See attached report.


COUNCILLOR MOTIONS (Cont.)

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Page 24



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9.7 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/15

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Toni Cliff Technical Support Officer

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.


REPORT February

2004 March 2004

April 2004

No. of visits to the MCC website 8,729 12,004 9,562

Council Information

Positions Vacant

Council Information

Positions Vacant

Council Information

Positions Vacant

Planning Planning Planning City

Information City

Information City

Information

Top Five web pages with highest no. of visitors (not

homepage)

Business Library Library No. of rates paid

electronically (depends on instalment dates)

128 147 20

No. of Property Certificates paid electronically 5 2 2


Page 28

9.8 DRUMMUSTER 2004

File No: 61/35

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

EXECUTIVE SUMMARY Council has been involved with the drumMUSTER program for four years. DrumMUSTER is a national program for the collection and recycling of metal and plastic containers use in the packaging of crop protection and animal health products. Maitland once again coordinated collections in Maitland between 27th April & 9th May at Council’s Works Depot on Metford Rd, Metford. A total of 137 eligible drums were collected and recycled through this year’s collection.


REPORT DrumMUSTER is a national program for the collection and recycling of metal and plastic containers use in the packaging of crop protection and animal health products. The service is funded through a 4c levy on the sale of all DrumMUSTER drums. Maitland hosted collections at Council’s Works Depot between April 27 & May 9. A total of 137 eligible drums were collected in this time and sent on for recycling. Council provided substantial support for this project through promotion and advertising of the event, and providing a location for the collection of drums. The removal of the drums collected from the waste stream further demonstrates Maitland’s commitment to Waste reduction in the region. This national program is likely to continue with the levy continued to be charged on all DrumMUSTER drum sales. This initiative provides an excellent incentive and funding source to recycle drums used in the agricultural sector.


Page 29

9.9 HOUSEHOLD CHEMICAL CLEAN OUT - 2004

File No: 61/32



EXECUTIVE SUMMARY The Household Chemical Clean Out program took place in Maitland on Sunday 2nd May as a joint project of the Department of Environment & Conservation, Waste Services & Maitland City Council. The Household Chemical Clean Out is a free service to the local community whereby a wide range of unwanted household chemicals can be deposited free of charge for environmentally safe disposal. This year’s collection point in Maitland was Council’s Administration Building Car Park in Grant Street. More than 1.6 tonnes of chemicals were collected from 43 participants. The most common substances were oils, batteries, paints, and gas cylinders, with household cleaners, pesticides, fire extinguishers and acids also collected on the day. The program has once again been a success, however a number of suggestions have been made to the Department of Environment & Conservation to ensure that next year’s event is an even greater success. Future involvement in this program will ensure that this excellent opportunity continues to be offered to Maitland residents.


REPORT The Household Chemical Clean Out program is a Chemical Collection and disposal service coordinated by the NSW State Government through the Department of Environment & Conservation in the Hunter, Illawarra & Greater Sydney regions. The major benefit of this service is to provide for an environmentally safe method of disposing of old unwanted chemicals. This service is provided free of charge to the community and therefore is a great incentive for residents to make use of the opportunity. The Household Chemical Clean Out event in Maitland took place on Sunday 2nd May in Council’s Administration Building Car park in Grant Street. The event was a great success with more than 1.6 tonnes of chemicals being collected from 43 participants in Maitland.


Household Chemical Clean Out - 2004 (Cont.)

Page 30

Oils, batteries, paints and gas cylinders were the most commonly dropped off items, with household cleaners, pesticides, fire extinguishers and acids also collected on the day. Council’s involvement in the event included active promotion and advertising in the form of posters, brochures, media advertisements, & and the erection of a promotional banner at the entrance to the Administration Building. These materials were made available to Council through the Department of Environment & Conservation. A number of recommendations have been made by Council Officers to the Department of Environment & Conservation regarding the future success of this event in Maitland. These include the consideration of local events such as Steam Fest and Tocal Agricultural Field Days to prevent a clash of events in future. It was also noticed in the lead up to the campaign that Maitland’s collection was not included on the official website for the event, and there was a lack of regional advertising. These points have been raised with the Department and will be taken into consideration for next year’s event. Collections in various locations in the Hunter are set to continue throughout May, June, July & October. Future collections in Maitland are likely to be held in early 2005 due to the success of this program and the demand for this service by the Maitland community.


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9.10 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation Wayne Cone Group Manager City Works & Services

Author: Richard Minter Manager Consulting & Contracts

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


REPORT CONSULTING AND CONTRACTS 1. Rutherford Branch Library

The new branch library at rutherford has been completed and is open to the public. The project was constructed by RT Parker Pty Ltd with the total budget being $750,000.

2. High Street East Maitland Drainage Improvements

A tender for the construction of Stage 1 of the East Maitland drainage improvement programme works negotiated and awarded to Kerroc Constructions Pty Ltd. Gas main and water main relocations have now been completed with works underway. Construction works are due to be completed by the end of May.

3. Bus Shelters

Council has received $155,000 grant funding for the construction of new bus shelters with the Elgin Street and Maitland Post Office shelters completed by


STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 32

Ron Cant. Pre-fabricated shelters for the other locations have been delivered, with footing works and installation due to be completed by early June.

4. CBD Western Entry

Landscape improvement works at the western CBD entry have been completed with the exception of the extension to the right turn lane in High Street. Quotes for these works have been received and are currently being negotiated. The RTA has approved the trial removal of the traffic lights at the St Andrews Street intersection, with the trial to commence once public notification and right hand turn extension have been completed.

5. East Maitland Branch Library

A new branch library being constructed at East Maitland in Garnett Road. The total project budget is $1,850,000 with the project contractor being R.T. Parker Pty Ltd. Structural steel has been completed with flooring and roofing works underway. Works are due to be completed in September.

6. Highway Landscaping

A Council initiative for improved landscaping of the New England Highway has been adopted as a part of the 2003/04 Management Plan with a budget of $20,000 available. Landscape design for the highway median area near Maitland Pool has been completed with discussions underway with the RTA regarding the landscape proposal.

7. Melbourne Street Improvement Stage 3 Council has allocated $80,000 for the implementation of Stage 3 improvement

works in Melbourne Street, East Maitland. The works were proposed to include the installation of six (6) decorative street lights along the centreline of the road between the highway and Lawes Street, however the Local Traffic Committee have raised concerns in relation to components of the project. Further investigation regarding the project and the works proposed is underway.

8. Maitland Town Hall Improvements An allocation of $100,000 has been made for improvement works at Maitland

Town Hall. Works on the Paterson Room are nearing completion with only carpet outstanding, whilst the male toilets upgrade has only water proofing and tiling to complete. Supply of new curtains has been ordered and will be delivered shortly.

9. Maitland Riverside Precinct A development application has been approved for the construction of the

Maitland Riverside Precinct project. The works include paving, lighting and landscaping. A report is presented to this Council meeting to award a tender



Page 33

for the works following negotiations with the nominated tenderer for the deletion of the viewing platforms.

CITY WORKS & SERVICES The status of the construction projects within the 2003/2004 Rolling Works Program, as of 10th May 2004, is as follows. 1. Footpath Construction – Access Priority Program

1.1 Arthur Street, Rutherford

Concrete footpath construction has commenced in Arthur Street between the New England High and Woodberry Street. This project has a planned completion date of the 28th of May with an approximate cost of $16,000.

1.2 Bloomfield Street, South Maitland

Work is completed on the construction of a concrete footpath on the southern side of Bloomfield Street between Anzac Street and Wallace Street. The project was completed in early May with an approximate expenditure of $12,000.

2. ULR Construction

2.1 Maize Street, Tenambit The full width reconstruction of Maize Street between Metford Road and Goldingham Street is approximately 85% completed with an expected completion date of late May. Estimated cost $289,000.

3.2 Swan Street, Morpeth Installation of sub-soil drainage has commenced with reconstruction works planned to start at the end of May. This project is expected to take approximately three weeks. Project estimate $147,000.

3.3 Chelmsford Drive -Metford



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Full Width Road Reconstruction between Bedford Street and Schanck Drive will commence early June with a Project period of approximately 8 weeks. The project is to be funded over two financial years (2003/04 and 2004/05). Project estimate $593,000.

4. New Works - Urban

4.1 Dalveen Road, Largs The construction of 61m of rolled Kerb & Gutter and associated road works in the vicinity of Numbers 68 & 70 Dalveen Road has been programmed. This work is scheduled to commence in May with proposed completion at the end of May. Estimated cost of project $80,000.

5. Rehabilitation - Urban Roads

5.1 Maitland Park - Internal Roads Tyne, Add and sealing works for two internal roads were completed at the end of April at an estimated cost of $12,700.

6. Regional Roads Repair Program

6.1 Paterson Road, Bolwarra Heights Work is in progress on Paterson Road, between Hunterglenn Drive and Tocal Road. A sacrificial single coat bitumen seal was applied prior to the Easter weekend. The pavement is being closely monitored and a few sections need to be completed when pavement moisture allows. The final seal and linemarking will need to be done in summer when warmer weather provides better pavement temperatures for bitumen sealing. The estimated cost of the project is $210,000.

7. Classified Roads - Reseals

The programmed reseals for Raymond Terrace Road and Cessnock Road have been completed.

The estimated cost of these reseals is $491,000.


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

Author: Leanne Harris Manager Corporate Planning

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 THAT:

The report on the status of Council’s 2003 / 2004 Management Plan for the March quarter be received and noted.

REPORT In accordance with Section 407 of the Local Government Act, 1993 the General Manager must report to the Council, within two months after the end of each quarter, as to the extent to which the performance targets set by the Council’s current Management Plan have been achieved during the quarter. Accordingly, the report covering the quarter ending 31st March 2004 is tabled and copies have been provided to the Councillors.

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

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

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

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10.2 FINANCE AND ADMINISTRATION

10.2.1 STATEMENT OF INVESTMENTS HELD AS AT 30 APRIL 2004

File No: 82/2


Author: Alicia Martin Expenditure Accountant

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

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

REPORT

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Inv. No.

Institution Int. Rate

Date Invested

Term (Days)

Maturity Date

Amount $

971c Macquarie Diversified Treasury Fund++

6.110% 31/08/01 ## When required

1,536,609.61

972b Deutsche Cash Plus Fund++

5.620% 31/08/01 ## When required

2,601,618.64

1145c Taurus Funding Pty Ltd

6.635% 15/04/04 91 15/07/04 1,000,000.00

1159c Savings & Loans Credit Union

8.240% 12/03/04 94 14/06/04 1,500,000.00

1162b Investec Bank Australia Ltd

6.092% 2/03/04 92 2/06/04 500,000.00

1164b CBA Shield CDO - Alexander

6.550% 3/03/04 92 3/06/04 500,000.00

1112e The Rock Building Society

8.330% 30/04/04 91 30/07/04 500,000.00

1113e The Rock Building Society

8.330% 30/04/04 91 30/07/04 500,000.00

1131d Holiday Coast Credit Union

8.760% 17/04/04 91 17/07/04 500,000.00

1134b Bendigo Bank Ltd 7.010% 19/04/04 183 19/10/04 300,000.00

1136c Australian Central C dit U i Ltd

7.930% 30/04/04 94 2/08/04 1,000,000.00


STATEMENT OF INVESTMENTS HELD AS AT 30 APRIL 2004 (Cont.)

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Inv. No.

Institution Int. Rate

Date Invested

Term (Days)

Maturity Date

Amount $

Credit Union Ltd

1137b High Yield Fixed Interest Securities

6.935% 8/04/04 91 8/07/04 1,500,000.00

1169a Greater Building Society Limited

7.420% 27/02/04 90 27/05/04 1,000,000.00

1176a Herald Ltd – Tungsten AA-

6.987% 22/03/04 91 21/06/04 1,500,000.00

1177a Maitland Mutual Building Society**

6.547% 11/03/04 92 11/06/04 2,000,000.00

1178a Wide Bay Australia Credit Union

7.152% 15/03/04 92 15/06/04 500,000.00

1180a Northern Inland Credit Union

8.730% 23/03/04 92 23/06/04 500,000.00

1189 Illawarra Mutual Building Society

5.600% 8/03/04 58 5/05/04 500,000.00

1190 Illawarra Mutual Building Society

5.610% 8/03/04 65 12/05/04 500,000.00

1191 Maitland Mutual Building Society

5.620% 8/03/04 72 19/05/04 1,000,000.00

1192 Balmoral AA 6.682% 12/03/04 92 12/06/04 1,500,000.00

1193 Bankwest 5.440% 22/03/04 44 5/05/04 500,000.00

1194 Shield AA ~~ (Commonwealth Bank of Aust)

-0.132% 31/03/04 85 24/06/04 1,000,000.00

11am Local Government Financial Service – 11am

5.150% 19/11/03 ## When Required

1,300,000.00

TOTAL $23,738,228.25++ Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. ## These funds are not held on a fixed term. The funds are redeemed as and when required. ** Subordinate note – interest rate reviewed on the 11th of each quarter. ~~ Hedged fund’s return for April 2004 was negative, however the fund has returned approximately 10.5% year to date. As a Comparison:

Investments held as at the end of last month (i.e. 31/03/04) were $25,518,424.81 Investments held this time last year (i.e. 30/04/03) were $17,394,545.82.


STATEMENT OF INVESTMENTS HELD AS AT 30 APRIL 2004 (Cont.)

All funds invested in accordance with Council’s Investment Policy.



STATUTORY IMPLICATIONS The above sums have been invested in accordance with:

• Section 625 of the Local Government Act 1993. • The regulations pertaining to the Local Government Act 1993. • Council’s Investment Policies.

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10.2.2 SANDAKAN COMMEMORATION SERVICE

File No: 35/20

Responsible Officer: Graeme Tolhurst Group Manager Finance & Adminstration

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY Council has received an approach from Community Council of Sandakan Memorials encouraging the City of Maitland to hold a Commemoration Service to mark the 60th Anniversary of the Sandakan military tragedy. Maitland is asked to hold a service to coincide with one to be held in Canberra on 29 May, 2005.


1. Maitland City Council hold a Commemoration Service to mark the 60th Anniversary of the Sandakan military tragedy.

2. Council form a working group with representation from the RSL and community organisations

3. An amount of $2,000 be allocated towards the cost of conducting the Service and be included in the 2004/2005 Management Plan.

REPORT Maitland City Council has received an approach from Community Council of Sandakan Memorials who with the support of the National RSL are encouraging Council’s with a Sandakan Memorial to conduct a service to mark the 60th anniversary of the tragedy. The City of Maitland is one of only twelve (12) areas in Australia with a Sandakan Monument. Council approved the erection of a monument by the Sandakan Memorial Foundation in Maitland Park at the meeting of Council held on 22 November 1994. The memorial is to honour the Australians who died as prisoners of war in Borneo. There were 150 men who originated from the Hunter Region. To mark this occasion it is recommended that Council form a working group with representation from the local RSL and community organisations to organise an appropriate service on 29 May, 2005. Council will also need to support this service financially with an allocation in the 2004/2005 Management Plan.


SANDAKAN COMMEMORATION SERVICE (Cont.)

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FINANCIAL IMPLICATIONS An amount of $2,000 be allocated in the 2004/2005 Management Plan for this event.




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10.3 SERVICE PLANNING AND REGULATION

10.3.1 03-3044 DEMOLITION OF FORMER CARETAKER'S COTTAGE LOT 7001,D.P 1052969 EDWARD ST, MORPETH RECOMMENDATION: DEFERRED

File No: 03-3044 Attachments Locality Plan

Proposal Submission Statement of Heritage Impact Public Submissions Schedule of Conditions

Responsible Officer: Stephen Punch Manager, Approvals & Regulation Author: Richard Forbes Senior Town Planner Applicant: Maitland City Council Proposal: Demolition of former Caretaker's Cottage Location: Morpeth Common, Edward Street, Morpeth Zone: 6(a) Public Recreation

EXECUTIVE SUMMARY Council resolved in April, 2003 to seek to demolish the former Caretaker’s Cottage located in Morpeth Common subject to the Department Lands (DLWC) having no objections. Morpeth Common, which includes the Cottage, is Crown land under the care and control of Maitland City Council as Trustee. The cottage is in a poor state of repair, the verandah has collapsed and unsympathetic additions to the rear of the main structure require demolition. The Department of Lands have advised that no objection is held to the demolition where the condition of the Cottage poses a risk to public health and safety. (June 2003) A development application has subsequently been lodged for Demolition of the former Caretaker's Cottage at Lot 7001,D.P 1052969, Edward St, Morpeth. The subject land is zoned 6(a) “Public Recreation” under the Maitland Local Environmental Plan, 1993 and the demolition is a permissible form of development where the purpose is associated with the care ,control and management of public recreation space. The Cottage is subject to Council’s adopted Conservation guidelines (Development Control Plan No 34 – Maitland Conservation and Design Guidelines (August 2000) which discourages the demolition of any pre-1949 structure in the Morpeth Conservation Area. The building is identified by the Morpeth Management Plan


03-3044 Demolition of former Caretaker's Cottage Lot 7001,D.P 1052969 Edward St, Morpeth (Cont)

(2000) as a building associated with the life of the town as a rural centre and as a type of community building which is becoming increasingly rare. In order to determine what heritage value the Cottage may have, Council has obtained an independent Statement of Heritage Impact & an Assessment of Heritage Significance specifically examining the proposed demolition of the building. The consultants Statement of Heritage Impact concludes that the Cottage should be conserved with further investigation of possible uses for the Cottage being under taken. The reuse of the building has cost and associated implications for Council if the recommendation is pursued. The building would initially need to be stabilised and secured to prevent further damage. The work required comprises the erection of a suitable security fence and stabilization of the main building to prevent its further deterioration. The future use of the building would rely upon the historically significant portions of the building being restored by Council to a standard permitting the premises to be satisfactorily leased or occupied. In considering the future reuse of the building, Council is advised that whilst it is Trustee over the building, the land is classified as Community land and is held by the Crown, as such, any prospective use of the site is subject to the statutory requirements for the commercial use of community land and requires the concurrence of the Department of Lands. A ‘plan of management’ would be required to be prepared and exhibited to facilitate the use of the building. It is recommended that Council defers the determination of the development application for a period of three (3) months to provide opportunity to further investigate options for the reuse of the building under the heritage conservation incentives of the Maitland Local Environmental Plan, 1993.(clause 37) and statutory requirements for the use of community land. In addition, it is recommended that Council secures the site against further deterioration and undertakes works to maintain the integrity of the building.


1. Council secure the site by the erection of temporary construction fencing and undertake works to stabilise the building against further deterioration.

2. Development Application No 03-3044 for Demolition of former Caretaker's Cottage on Lot 7001,D.P 1052969 Edward St, Morpeth be deferred for a period of three (3) months to enable the investigation of options for appropriate reuse of the cottage and associated cost implications to be determined and presented to the Council.

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REPORT

INTRODUCTION The Cottage, originally constructed in 1887 is in a significant state of disrepair. The building has not been occupied for the past ten years and has been subject to ongoing deterioration and vandalism. The building is clearly visible from Edward Street and adjoins the site of the Morpeth Bowling Club. The poor condition of the building and its current visual impact on the Bowling Club and playing fields car park are the principle reasons for seeking its demolition. The Cottage is located within the Morpeth Conservation Area, and is a contributory item of local heritage significance. The Morpeth Conservation Area has been identified as having a State level of heritage significance, and is listed on the Register of the National Estate. The building is identified by the Morpeth Management Plan (2000) as an example of the sort of minor buildings that are often lost but which contribute to the history of Morpeth as a rural centre. Council’s adopted Development Control Plan No 34 – Maitland Conservation & Design Guidelines reflects the heritage value of the location and adopts the provisions of the Morpeth Management Plan (Section 4.3.1) in recommending that no pre-1949 structures should be demolished including the Cottage (Appendix D). Where demolition of a pre-1949 structure is to be considered, Section 4.8 of Council’s DCP requires the preparation of a Statement of Heritage Impact which; 1) Details the contribution of the item to the value of the Conservation Area. 2) Provides evidence that options for retention and reuse have been explored 3) Identifies the impact that the demolition would have on the value of the

Conservation Area 4) Provides a rational assessment of the demolition in compliance with

assessment guidelines provided by the NSW Heritage Office and Section 4.12 of DCP 34.

The application has been supplemented in April 2004 by the submission of an independently prepared Statement of Heritage Impact, which complies with the assessment requirements contained in Council’s Guidelines. The determination made by this report is based on the assessment of the consultants report and recommendations.

PROPOSAL The proposal is to remove the building and any remnants from the site. The details of the proposal and justification are provided as attachment No 2.

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PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan The Caretakers Cottage is not an individually listed heritage item under the provisions of the Maitland Local Environmental Plan, 1993 however it is situated within the Morpeth Conservation Area. The cottage is listed by the Morpeth Management Plan (2000) as a place worthy of inclusion in the Schedule of Heritage Items under the planning instrument. The subject land is zoned 6(a) Public Recreation under Maitland Local Environmental Plan, 1993. The proposed development is permissible with consent in a Heritage Conservation Area only where the activity is consistent with Council’s adopted Conservation Guidelines and where it is further justified for the proper management of a public recreation area. The application has been supplemented to include the required Heritage impact assessment prepared by Heritas Architecture (April 2004) on Council’s behalf which concludes that the proposal is not consistent with Council’s adopted Conservation Guidelines. A copy of the assessment undertaken by Heritas Architecture is included as Attachment No 3. It is recommended that the Cottage be retained and further investigations be made into its potential reuse. With respect to its reuse, Clause 37 of the Maitland Local Environmental Plan, 1993 provides incentives for heritage conservation with the opportunity to consider a wide range of uses for the building which would not commonly be permissible on land zoned 6(a) Public Recreation. Clause 37 (1) states;

“ Nothing in this plan prevents the Council from granting consent to an application for; b) the use, for any purpose, of a building…that is within a heritage conservation area.

It is suggested that the heritage incentives provided by Council’s planning instrument have not been fully explored as an option for retention of the building. It is important in any consideration of a future commercial use of the land to consider the status of the site as community land and as such the requirements of the Local Government Act (1993) with respect to Council leasing the building as Trustee. The provisions of the Local Government Act (1993) would require the preparation, exhibition and adoption of a Plan of Management for the prospective commercial use

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of the site as community land. Council may grant a lease or licence by tender for a term of five (5) years in accordance with Division 1 of part 3 of the Act. An extended lease or licence may be granted subject to public exhibition for a period of up to but not exceeding twenty-one (21) years under the provisions of Section 46 (3) of the Local Government Act, (1993).

Regional Environmental Plan The provisions of the Hunter Regional Environmental Plan (Heritage) 1989 support the implementation of Council’s adopted heritage conservation guidelines in the locality given that Morpeth is considered to have State significance as a conservation area. The proposal is therefore inconsistent with the objectives of the Hunter Regional Environmental Plan (Heritage) 1989. Section 79C(1)(a)(iii) any development control plan Council’s adopted Development Control Plan No 34 – Maitland Conservation and Design Guidelines discourages the demolition of any pre-1949 structure and requires the submission of a Statement of Heritage Impact for consideration of an application to demolish a pre-1949 building. The application complies with the submission requirements of the plan however insufficient justification is provided for the proposal to be considered consistent with the objectives of the DCP. The proposal is considered to be inconsistent with the provisions of the Morpeth Management Plan. The Morpeth Management Plan provided specific recommendations with regard to the Cottage which were determined through community consultation. The objective of the plan is clear in seeking to retain all buildings of heritage value constructed prior to 1949 as such buildings are considered to be a “non renewable resource that requires careful consideration in all aspects of the management of the Town” (2000) Discussion of Heritage Significance The Heritage Impact Statement prepared by Heritas Architecture stated; “For fifty years, the Morpeth Common caretaker’s cottage residence served as a home for the caretaker of the Common, then as a residence for a number of local families. The history of the house is closely linked to the provision of sporting and recreational facilities in town, and to the pastoral industry through its use as an agistment area. Its construction by Morpeth Council in 1887 indicates the community’s pride in its recreation ground, and the Council’s desire to properly manage the site.” The cottage has important an important association with the historical and social significance of Morpeth Common.

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The Heritage Impact Statement goes further to conclude that demolition of the building would likely have the following effects;

1) The Caretakers Cottage has been assessed as being a rare item of local significance, therefore its removal would have a permanent detrimental affect on the overall cultural heritage of Morpeth.

2) The cottage contributes to the interpretive value of the former use of the

park. Its removal would destroy this interpretive value almost entirely.

3) The conservation area within which the Cottage sits is enhanced by the existence of the park, being easily interpreted as the social gathering spot for the early residents of Morpeth, due largely to early structures such as the cottage and the adjacent grandstand.

In terms of the heritage significance of the Cottage to the value of the Morpeth Conservation Area, the Statement of Heritage Significance prepared by Heritas Architecture concludes that;

1) The Cottage indicates a former way of life – that of caretaking of public recreation spaces.

2) The place has a connection with the creation of public recreation space

in Morpeth.

3) The Cottage should be considered rare as there are very few caretaker’s cottages remaining in NSW.

4) The Cottage has strong links to the social and sporting history of the

use of Morpeth Common.

5) The value of the conservation area in which the cottage is located is enhanced by the cottage remaining. The Statement of Heritage Significance concludes that to remove the cottage would be to remove part of the broader story of the village of Morpeth.

Having made a full assessment of the heritage significance of the cottage and the predicted impact of its removal, the following recommendations are made by Heritas Architecture for the future management of the site;

1) The presence of the cottage adds to the greater historical interpretation of Morpeth. This should be valued as a piece of Morpeth fabric which demonstrates early aspects of the development of the town.

2) The cottage should be conserved, particularly the original four rooms.

3) An investigation of possible uses for the cottage should be undertaken.

4) The rear additions could be demolished, if desired, however new uses

may require the kitchen and bathroom facilities.

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5) Interpretive signage for the benefit of the public should be installed,

whatever the eventual use.

6) Any further development of the bowling green/club should be accompanied by a Statement of Heritage Impact.

On the basis of the assessment of the value of the cottage, the building should remain and options for its reuse should be fully explored, however, If Council were of a view to consent to demolition of the cottage, suitable conditions of consent are included with this report as an attachment Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The present condition of the cottage has an adverse visual impact on the streetscape of the locality particularly by virtue of the building’s proximity to Morpeth Bowling Club and Public Carpark. An inspection of the building undertaken by Heritas Architecture reported that the physical state of the cottage is poor, with the front verandah partially demolished and most of the interior fittings vandalised. The interior floors are failing and lie close to the natural ground due to the settlement of the timber stumps supporting the cottage. The roofing is rusted and most original details such as the fireplace are now lost, however a few remnants and the principle form of the four room building remain and could be restored. The current condition of the building is capable of rectification which would overcome the adverse impact of the cottage on the operation of the Bowling Club. Where an appropriate reuse is found, there would likely be a positive impact on the operation of the Bowling Club. The Heritage incentives provided by Clause 37 of the Maitland Local Environmental Plan enable Council to consider a range of land uses for the building which would contribute to the locality and adjoining properties. Council is advised that there has been a sustained interest from a member of the Community seeking to reuse the building. The proponent for retention of the Cottage has continued to express interest in the site throughout the assessment period and has indicated a willingness to pursue further options once some certainty over the future of the Cottage is established. Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was required to be advertised and notified under the provisions of Council’s Development Control Plan No. 37 – Advertising/Notification of Development Applications or the Environmental Planning and Assessment Act 1979.

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Public Submissions The development application and accompanying information were placed on public exhibition. As a result of the notification process, a total of seven (7) submissions were received. Six (6) submissions comprise objections with one (1) in support and are provided as Attachment No 4 to this report. The main issues raised by the objectors are summarised below and comment provided:

Proposal is inconsistent with Morpeth Management Plan.

Comment; The Statement of Heritage Impact has assessed the impact of the removal of the Cottage and has concluded that it would be inconsistent with the Morpeth Management Plan to remove it.

Proposal is inconsistent with the plan objective of retaining pre-1949 buildings

Comment; The Statement of Heritage Impact confirms that there is insufficient justification for the removal of a pre-1949 building in this instance.

The Cottage has an unsightly, negative impact on the Morpeth Bowling Club.

Comment; Should Council pursue the appropriate reuse of the building, the result would be a positive contribution to the operation of the Bowling Club. The reuse of the building would create the opportunity to reinstate the presence of the Cottage at the site and remove the unsympathetic additions and site remnants which currently adversely impact on the Bowling Club.

The current impact of the visual condition of the Cottage on the Bowling Club is recognised, however given the heritage significance of the Cottage now established, the appearance of the Cottage is insufficient justification for its permanent removal.

Section 79C(1)(e) the public interest Having considered Council’s adopted heritage conservation provisions and the recommendations of the Heritage Impact Statement, the proposal is not considered to in the public interest.

FINANCIAL IMPLICATIONS Pursuing the reuse of the building would have financial implications for Council. In resolving to pursue the retention of the cottage costs would result from the following; 1) The need to provide suitable security fencing to the site to prevent further

damage to the cottage and limit the potential for unauthorised entry to the site.

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2) The building requires works to stabilise the main building comprising four (4) rooms. This would entail removal of the derelict additions to the rear of the building and the reinstatement of the wall. In addition, work is required to re-instate or remove the verandah and weatherproof and secure the roof sheeting.

If the building is to be leased commercially, additional works would be required To provide toilet facilities and possibly provision being made for the installation of a commercial kitchen. It is intended to provide Council with costings for the scope of works where the proposal is deferred for further investigation.

POLICY IMPLICATIONS The demolition of the Cottage without adequate justification would have an adverse impact on the validity of Council’s adopted Morpeth Management Plan (May 2000) The Morpeth Management Plan was developed in close consultation with the community. The Plan states as a policy objective (Section 4.1.1 – Conservation of Heritage) that pre-1949 buildings should be retained and enhanced as contributing to the character of Morpeth. One of the key community concerns expressed by the Plan is the loss of heritage over time from the demolition of many buildings considered on face value to be derelict or ordinary buildings such as sheds and small dwellings. The submissions received from the community suggest that the proposal is contrary to the stated objectives of the Morpeth Management Plan with respect to the retention of pre-1949 buildings therefore the value of the Morpeth Management Plan would be enhanced where the objectives of the Plan are upheld by retention of the cottage.

STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is not considered acceptable in terms of the relevant matters for consideration under the Act and Council’s adopted Conservation Management Plans. it is recommended that the development application be deferred by Council for a period of three (3) months to enable the options for the reuse of the site be explored further in accordance with the recommendations of the Statement of Heritage Impact prepared by Heritas Architects (April 2004).

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10.3.2 ADOPTION OF AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES

File No: 103/80

Attachments: Submission 1 Proposed Amendments to Development Control Plan 34


Author: Clare James Heritage Officer

EXECUTIVE SUMMARY The purpose of this report is to present draft amendments to Development Control Plan 34 Maitland Conservation and Design Guidelines (DCP 34) to Council in order to draw all relevant development control policies relating to the Morpeth township into the one document. The proposed amendments will result in the repeal of Development Control Plan 14 Morpeth (DCP 14). The amendments have been placed on public exhibition for a period of six weeks and one submission from the community was received. The proposed amendments primarily relate to the improved integration of recommendations made in the 2000 Morpeth Management Plan into DCP 34. A small number of amendments to Morpeth Management Plan policies have been made where they have been found to require further clarification or review. The changes are identified in a table included in this report. The proposed amendments aim to ensure that the intent and objectives of the Morpeth Management Plan are practically and clearly incorporated into a formal legislative framework. The amendments have been made in accordance with Project 6 of the Morpeth Management Plan which relates to the amendment of the Maitland Local Environmental Plan 1993 and existing Council DCP's to incorporate updated policy guidelines. In addition, changes to setback requirements for new development across the Local Government Area and a small number of minor corrections and amendments to other existing policies are proposed. These changes are also summarised in the table provided. In adopting the amendments to DCP 34, the Council are setting the planning and design framework which will form the basis of assessing all development applications involving either proposals within heritage conservation areas or individual buildings with specific heritage listings. The DCP will have greater standing in both the eyes of


Adoption of Amendments to Development Control Plan 34 Maitland Conservation and Design Guidelines (Cont.)

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the community and the Land and Environment Court if it is applied consistently to the assessment of development applications.


1. Development Control Plan 14 Morpeth be repealed, in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

2. That Council adopt the amendments to Development Control Plan 34, Maitland Conservation and Design Guidelines as outlined in attachment, in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

REPORT A report was provided to Council at the meeting of 25 November, 2003 outlining in detail the proposed amendments to Development Control Plan 34. A summary of the proposed amendments is outlined below which include amendments to the policies resulting from the public exhibition of the document (see notations in italics). Summary of Proposed Amendments to Development Control Plan 34 Section

Existing DCP policies Proposed changes

Morpeth Conservation Policies 2.10.1

Demolition 2.10.1 Retention of buildings constructed prior to 1949.

Additional information is provided including a map showing pre 1949 buildings; exemptions for some small sheds and garages are identified; Development Application requirements are identified.

New Residential Development 2.10.2

Descriptions of appropriate building styles; appropriate scale of buildings; use of roof areas.

New policy stating that garage openings should not form part of the main street elevation of a building; expansion on likely changes required for project homes; dormer windows not to front primary street elevations.

Alterations and Additions 2.10.3

Use of attic spaces; scale of additions; style of additions; setbacks and verandah additions.

Attic spaces may be allowed in existing buildings, but only within the existing roof form without alteration to the roof pitch. Skylights must be in scale with the roof and be located on rear roof planes. Dormer windows shall generally be positioned on rear elevations unless



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reinstating original openings; or where it can be shown that the use of dormer windows on side and front elevations is consistent with the original period of the building. Dormer windows shall be of a scale so as to not dominate the size of the roof area. Retention of authentic single fronted verandahs.

Setbacks 2.10.4 Setting of buildings in relation to pre 1949 buildings; standard front setback requirements for new buildings in all streets; side setback requirements.

Change from 7m to 6m setback for major through and cross streets; 5m setback requirement for all garages, carports and sheds; specific requirements for Close Street.

New Development in the Business Zone and Carparking 2.10.5

Location of verandahs and additions; form and scale of new additions and buildings, parking requirements; no expansion of existing business zones.

No changes

Dual Occupancies and medium Density Housing 2.10.6

Maintaining the detached house as the principal residential form in Morpeth; dual occupancies not considered appropriate in Morpeth, however the Morpeth Management provided limited opportunity for this type of development in the minor streets such as Close and Princess and described suitable forms.

Dual occupancy development considered if not located on main through or cross streets; if, where applicable, the dual occupancy includes an existing residence fronting a main street; where the total site coverage is no more than 40 % of the site area. Dual occupancy development of a suitable design may be considered on corner blocks where proposals meet the requirements outlined in 2.10.6 of the DCP.

Fences 2.10.7 Retention of significant existing fencing; new front, side and rear fencing

Additional detail provided regarding fencing styles

Garages, Carports and Sheds 2.10.8

Siting of garages; general style requirements

More detailed siting requirements for garages, carports and sheds; size limitations and material guidelines; addition of habitable or storage areas above garages not considered appropriate where attic windows are visible from the street.

Subdivisions and Amalgamations 2.10.9

Limiting subdivisions to allotments only where no new sandstone kerb crossings are required. Suitable frontage dimensions.

Preference for Torrens Title subdivision over dual occupancy or medium density development for the purposes of single detached residences; areas considered suitable for subdivision; requirements for subdivision to include a development application for new construction.

Non Residential uses in Residential Zones, Industrial Zone 2.10.10

Identification of non residential structures in residential areas suitable for non residential uses. Maintaining existing industrial

No changes



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zonings, and avoiding tourist uses in these areas.

Views and Rural surrounds 2.10.11

Identification and preservation of views from within the township through to rural surrounds; and the identification and preservation of views towards the township from approach roads.

A map identifying view corridors is provided in the amended DCP.

Carparking 2.10.12 Retention of land fronting Close Street at rear of Swan Street premises for service access and carparking; commercial development carparking requirements.

No change.

Development Application Information Requirements 2.10.13

Development applications for new buildings accompanied by an assessment of the sites context.

Additional detail provided regarding application requirements for new buildings.

Bolwarra Conservation Policies

2.13 Bolwarra Conservation Policies

What to Avoid: Medium Density development and detached dual occupancies which are appropriate because of their scale, design, size of allotment etc

Typographical error corrected to read What to Avoid: Medium Density development and detached dual occupancies which are inappropriate because of their scale, design, size of allotment etc

Lorn Conservation Policies

2.16 Lorn Conservation Policies

What to Keep: Lorn’s predominantly single storey street frontage. Roof conversions should be located to the rear of the existing house.

Proposed new policy stating that attic space can be accommodated in the existing roof space where there is no substantial change to the existing roof form and where new openings are not located on the street elevation.

Siting, Setback and Orientation

3.2 Siting, Setback and Orientation

New additional policies proposed

Where an existing residential building in a Conservation Area is located within 900mm of a side boundary (boundary line to fascia), new additions shall be permitted to be constructed at the same setback as the principal building only where: - they are small in scale and no longer than 20% of the existing building length; - the addition is fire rated in accordance with the Building Code of Australia; - there is no overhang of any part of the addition over the adjoining property; - there are no significant impacts on solar access to the adjoining property - access for maintenance of the side wall of the addition within 900mm of the side boundary can be provided.



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Carports shall be setback a minimum of 500mm from the side boundary (boundary line to fascia).

Garages, Carports and Sheds

3.14 Garages, Carports and Sheds

Garages should preferably be located at the rear or set well back at the side of a building behind the rear building line The pitch of a double garage roof should be lower than that of the main building. The pitch of a single garage roof should in most cases be comparable or slightly lower than that of the main building – generally 25-30 degrees

Include carports and sheds in this policy. Delete this policy Change to read: ‘The pitch of a garage or carport roof should in most cases be comparable or slightly lower than that of the main building – generally 25-30 degrees

Public Exhibition of the Draft Amendments The proposed amendments to Development Control Plan 34 were publically exhibited for a period of six weeks from December 8th to January 19th, 2003. Venues included Maitland City Library, the Morpeth museum and the draft plan was available on Council’s website. In addition, community groups were notified and a notice was posted in the Morpeth Community noticeboard. As a result of the exhibition, one submission was received which is Attachment 2 of this report. The issues raised in this submission are discussed below: Issue That an overall policy permitting dormer windows only at the rear of the property is unnecessarily restrictive and that the use of dormer windows on the front elevations of mid nineteenth century buildings did occur. Comment It is recognised that dormer windows were used in some early forms of traditional building forms, and that in some circumstances, the addition of a suitably designed dormer window may be quite acceptable. It is important to note, however, that this will not apply in all circumstances. The policy has therefore been amended to allow for Council to consider the use of dormer windows on front elevations where this is shown to be consistent with the original design of the building, and meets the relevant Building Code of Australia standards relating to use of roof space. Issue That as Morpeth is a mix of one and two storey buildings, proposals for two storey development should be considered on the basis of detail design, and in the context of each case. Comment The purpose of the proposed policy is to maintain the predominantly single storey cottage character of Morpeth. In recent times, new two storey development tends to be of a much larger scale than the traditional two storey buildings in the Morpeth



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township which would have the effect of changing the traditional character and form of the township. Policies included in the draft amendments allow for the use of upper floor areas within roof spaces, which is considered to be a compromise between buildings of a single and two storey scale. Applicants can apply to Council to vary this policy as part of a Development Application, but this would only be considered on an individual, merits assessment basis. Amendments to the policy are not recommended. Issue An additional matter which has come to the attention of Council regarding new development is the suitability of corner sites for dual occupancy development, where a building can have a frontage to two separate streets. Comment It is considered by Council that an appropriately designed scheme can successfully, with minimal impact be accommodated on some corner sites, particularly where one of the streets is a laneway. An additional clause is therefore proposed which allows for dual occupancies to be considered on corner block sites, providing the other requirements as outlined in 2.10.6 are adequately addressed

BACKGROUND The Development Control Plan 34, Maitland Conservation and Design Guidelines was adopted by Council in June 2000 and aims to provide guidelines for the management, maintenance and conservation of heritage items and places. When originally adopted by Council, DCP 34 included the majority of policies contained in the Morpeth Management Plan (also adopted by Council in 2000), however as a result of applying the policies over the past three years, the need for a revision was identified in order to make it a more accessible and workable document. Development Control Plan 14 Morpeth has also found to be redundant as a result of the far greater policy detail provided in the Morpeth Management Plan and DCP 34, and is no longer relevant. The proposed amendments to DCP 34 have been publically exhibited for a period of six weeks with one submission received.

FINANCIAL IMPLICATIONS This matter has no specific financial implications for Council.

POLICY IMPLICATIONS The proposed amendments will be incorporated into the existing Development Control Plan 34, Maitland Conservation and Design Guidelines. This report recommends the repeal of Development Control Plan 14 following the adoption of the amended DCP 34.



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In adopting the amendments to DCP 34, the Council are setting the planning and design framework which will form the basis of assessing all development applications involving either proposals within heritage conservation areas or individual buildings with specific heritage listings. The DCP will have greater standing in both the eyes of the community and the Land and Environment Court if it is applied consistently to the assessment of development applications.

STATUTORY IMPLICATIONS Council has met all statutory requirements in the preparation of the amendments to Draft DCP 34.


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10.3.3 BROUGH HOUSE

File No: P17391 & 11/5

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

Author: Judy Jaeger Manager Community and Recreation Services

EXECUTIVE SUMMARY The purpose of this report is to advise Council of the status of Brough House and the arrangement that Council has with the National Trust regarding the "hand over" back to the Trust. The report also lists comprehensive maintenance works required to the building before termination of the lease.


1. Council allocate funds as outlined in the report to undertake rectification work at Brough House, Church Street, Maitland

2. The allocation be an addition to the 2003/2004 Management Plan and budget

REPORT Brough House is owned by the Department of Education and managed by the National Trust and has been registered as having State significance. In 1974, Brough House was leased by Maitland City Council from the National Trust, which occupies and manages the adjacent Grossman House as a house museum restored to its 1871 form. Council has utilised Brough House as a Regional Gallery since this time and a rental amount has not been paid over the twenty nine (29) year period. However, Council undertook alteration works and refurbishments to adapt the building for use as the City's Regional Art Gallery and maintained the building over this twenty nine (29) year period. Prior to 1974, the gallery had been housed in a number of Council-owned venues, including the Library, Town Hall and Cultural Centre. Adaptations to Brough House to accommodate the gallery included the replacement and/or plaster boarding of ceilings, cornices and chimney pipes, alterations to toilets and bathrooms, provision of roller blinds, fluorescent, circuit track and incandescent display lighting, reverse cycle air conditioning in one space, smoke detectors, fire evacuation provisions and 24 hour electronic surveillance. Following these improvements, the art gallery opened in 1975 and has operated from this location until November, 2003.


BROUGH HOUSE (Cont.)

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Whilst Council has vacated Brough House, negotiations have commenced regarding the "hand over" back to the Trust. A basis for this dialogue is the Brough House Conservation Management Plan, which was prepared by consultants for the National Trust in 2001 and considered the following: • History and social context of the buildings and cultural landscape; • Physical assessment of the buildings and other items; • Physical assessment of the landscape; • A statement of significance for the place and identification of significant

elements; • Conservation management policies and guidelines for implementing those

policies. Discussions have been held with Debra Schleger, Director Museums and Properties at the Trust and the key point is the physical aspects of the building and what is considered "fair and reasonable" wear and tear. A physical assessment of the buildings and other items was undertaken by the consultant in 2000 to include in the Conservation Management and it was deemed appropriate to update this assessment to determine "fair and reasonable" wear and tear of the building. The Trust have undertaken an assessment and provided Council officers with a comprehensive physical assessment document (attached). A similar assessment was also undertaken by Council’s Contracts & Consulting division and it is considered that comprehensive works need to be undertaken to return Brough House to a ‘fair and reasonable’ condition as specified in the lease. In preparing the scope of works, the Trust have taken the following into consideration:

• Site visit • Earlier inspections of the property • Terms of the agreement between the Trust and the Council • Length of tenure • The Trust’s responsibilities as Trustee under the Crown Lands Act • The Conservation Management Plan • Future uses of the property (yet to be determined)

The indicative scope of works include maintenance to the roof, eaves, gutters & downpipes , masonry, joinery, timber including the replacement of interior walls damaged by termites, and painting. It is estimated that the works required would cost between $40,000 and $50,000. If approved, Councils’ Building Services section can undertake and complete the work throughout July/August, enabling the ‘hand over’ back to the National Trust in August/September 2004. As an indicator, Council has expended some $33,150 on maintenance over the past eleven (11) years and expended $55,608 on capital improvements to the building for gallery purposes. Whilst Council has expended funds on maintenance, a lease amount has not been paid to the Trust over the past 29 years. Brough House is a well-known and loved historic property in the local cultural landscape, and a property listed on Council’s LEP and the State Heritage Register.



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It is in Council’s best interest to undertake this rectification work urgently and ‘hand’ Brough House back to the Trust. This will enable the Trust to proceed with any plans they may have with the building and more importantly, is one less building for Council to maintain and manage. Allocating a budget for the rectification work will allow Council officers to continue negotiations with the Trust to ensure that the future of this important property and precinct is secured.

FINANCIAL IMPLICATIONS An addition to the 2003/2004 budget will be required if the recommendation is adopted.





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10.3.4 FEES & CHARGES

File No: P25621, P26392, P18901, 129/2, P16387, 12/2

Attachments (2) Public Submissions Operating Expenditure Report


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report recommends changes to the fees and charges structure for those community and civic facilities that Council owns and manages.

OFFICER'S RECOMMENDATION THAT the fees and charges printed within the report be adopted as part of Council’s Schedule of Fees & Charges for 2004/2005.

REPORT Background In August last year, a report was presented to Council revising its schedule of fees and charges for some of its civic and community buildings. Council resolved to place the draft fees and charges schedule on public exhibition for twenty eight (28) days. Following the exhibition period, a total of seven (7) submissions were received, all from dance groups within the City. Based on these submissions, the category for dance groups was re-instated into the fees and charges schedule. However, the matter was deferred for one month pending further information to be included in a comprehensive report. The review for Council’s civic and community buildings was prompted by the pending installation of a new automated booking system which ensures that times and fees charges are equitable and maximise the use of Council’s facilities. The system currently in place is not equitable and is in need of review. The proposed booking system allows for precise booking times, generates confirmation letters, prepares invoices and tracks cancellations or any changes in room/hall bookings and allows time(s) for room set up. To ensure that this system and Council’s facilities are used efficiently, changes are required to Council’s fee structure and hours of room availability. For example, all day hire needs to be prescriptive and state that all day means eight (8) hours, not twenty four (24) hours. The booking hierarchy includes an hourly rate, a half-day (4


Fees & Charges (Cont.)

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hours) rate and a full day (8 hours) rate. The proposed rates support Council’s policy of partial cost recovery on its community and civic facilities. Following the meeting in October 2003, Councillors requested that the following information be provided and included in a comprehensive report:

1. copies of the submissions 2. tables with % changes in cost 3. impacts on regular users 4. annual operating costs for the Town Hall 5. comments regarding risk management and public liability 6. history of usage 7. capital improvements over 3-5 years 8. audited statements from dance groups 9. number of tickets sold and cost of tickets for the dance event

Dance groups were asked to provide information on points, 3, 8 and 9, but unfortunately only two (2) groups replied but would not provide audited statements nor information about the number of tickets sold. Current status A report was also presented to the April meeting of Council advising the current status and that due to the poor response, a further letter would be sent to all dance groups seeking the information as a matter of urgency. The closing date for this information was Friday 7 May 2004. At the time of writing this report, Council officers have not received any information from dance groups. It is difficult to determine the reasons why responses have not been forthcoming but an assumption could be made that since Council has re-instated the $380 category, but limited it to eight (8) hours, dance groups are satisfied. Copies of submissions are attached but relate to the original fee proposal of $550 and are now some nine (9) months old. Council has not received any further correspondence from dance groups commenting on the $380 fee re-instatement nor highlighting any impact the eight (8) hours timeframe may have. Tables with proposed changes in cost If hirers book for the same times as they did last year, the following costs would apply if the fees and charges were increased as recommended within this report. HIRER LAST YEAR PROPOSED

FEES INCREASE

Newcastle Danz Worx $ 583 $ 1276 $ 693 Simply Jazz $ 1349 $ 2376 $ 1027 Diane Greedy $ 666 $1298 $ 632 Shane’s Tap’n’Groove $ 550 $ 758 $ 258 M & J All the Jazz $ 583 $ 1176 $ 594



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NOTE: Once time limits are established, the hirer may be more specific in their booking times, thus reducing the above proposed fees and increase. Impacts on regular users Each dance group will experience an increase in fees if they book for the same times as in previous years and if the proposed fee structure is adopted, which may lead to an increase in entry fees for their event. Whilst concerts from dance groups make a significant contribution to the community, they are also run as a business. It is important to note that the fees and charges for the Town Hall have not increased since 1999. Annual Operating Costs, Capital improvements & Usage Appendix 2 identifies the revenue, operating expenditure and capital expenditure on the Town Hall over a 3-5 year period. Council invests a significant recurrent amount each year in the operation of the Town Hall. Over the past four (4) years particularly, Council has allocated significant funds to improve the structure, aesthetics and infrastructure within the complex. At the moment, Council does not have a booking system that reliably collects usage data. The only measurement, given that the charges have not increase since 1999, is income received and that the increase in revenue has not been significant. The installation of a new booking system, which has required the review of charges and booking times, will collect reliable usage data and track the use of Council’s facilities that are booked through the Customer Service Centre. Information from Dance Groups Letters were sent to each of the dance groups who lodged objections to the proposed increase in fees seeking information about the number of tickets sold for each of their concerts, also the cost of those tickets and audited statements from each group. This information was requested because it would provide Council with a clearer picture of the financial position of each of these businesses. Unfortunately, the only group that provided the requested information was Diane Greedy in September 2003. Some information was provided by the Easter Parade Dance Eisteddfod and they were contacted by telephone seeking additional information but have not returned the Council officers call as requested. As an example, Diane Greedy provided the following information regarding cost and sale of tickets for one concert:

• 300 tickets @ $15 • 20 tickets @ $10 • 16 tickets @ $6

A total of 336 tickets with $4796 income received. The Easter Parade Dance Eisteddfod provided information regarding their competition entry fees but declined to provide the number and cost of tickets sold for entry to the venue. Competition entry fees are:



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• 720 entrants @ 4.00 • 230 entrants @ $2.50 • 45 entrants @ 7.00 • 15 entrants @ $30.00

A total of 1010 entrants to the Eisteddfod with $4220 income received. It should be noted that this income does not include the tickets sold at the door for entry nor does it include any income received from canteen sales or sponsorship. Allocating specific booking times will ensure that the facilities are used effectively and not just booked for long periods of time and remain vacant. This system of booking will make these community facilities available for more hours and more users.

THORNTON HALL Rate Charge Cost plus GST Hours Hourly $8 Hour ½ Day $30 Up to 4 Hours Full Day $50 Up to 8 Hours Function $150 Up to 8 Hours Function – Community Disco

$120 Up to 8 Hours

Bond $100 Excl GST Functions Only Hourly, Additional cleaning fee

$15 Per Hour

TENAMBIT HALL

Rate Charge Cost plus GST Hours Hourly $5 Hour ½ Day $15 Up to 4 Hours Full Day $20 Up to 8 Hours Function $80 Up to 8 Hours Bond $100 Excl GST Functions Only

WOODBERRY HALL


TOWN HALL

Rate Charge Cost plus GST Hours Hourly $75 Hour ½ Day $290 Up to 4 Hours Full Day $550 Up to 8 Hours Function $550 Up to 8 Hours Dance Groups $50 Hour



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$200 $380

Up to 4 Hours Up to 8 Hours

Bond $300 Excl GST Functions Only Caretaker Sat/Sun – Hourly

$75 Saturday & Sunday Only

SENIOR CITIZENS


FINANCIAL IMPLICATIONS Subject to the resolution of the Council the proposed fees will be adopted as a component of the 2004/05 Management Plan and Budget.

POLICY IMPLICATIONS The recommended fees and charges support Council’s policy on partial cost recovery on its community and civic facilities.

STATUTORY IMPLICATIONS As a requirement under the Local Government Act, the draft schedule of fees and charges were placed on public exhibition for a twenty eight (28) day period and is now reported back to Council for adoption.


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10.3.5 INTEGRATED FAMILY CENTRE, WOODBERRY

File No: 27/2

Responsible Officer: Judy Jaeger Manager, Community and Recreation Services

Author: Rob Kerr Community Development Officer

EXECUTIVE SUMMARY On the 6th May 2004 the Member for Maitland, Mr John Price, announced the funding of $1,132,992 for projects to be delivered under the NSW Department of Community Services strategies Early Intervention and Vulnerable Families. Of this funding, $691,750 was allocated for the construction of an integrated family centre to be located at Woodberry. Under the strategies, the remaining funding of $441,242 is for projects that service the local community. In recognising Council’s support for the Woodberry community, it was agreed in principle, that Council would project manage the construction of the new centre and auspice the project funding. During negotiations with the Department, it was further agreed that the ‘in principle’ agreement is subject to a formal decision of Council.

OFFICER’S RECOMMENDATION THAT:

1. Council accept and auspice the project funding,

2. Council project manage the construction of the new Integrated Family Centre, and

3. Council authorise affixing of the Common Seal in acceptance of the Deed of Funding.

REPORT The Vulnerable Families and Early Intervention strategies funded through the NSW Department of Community Services will see the development and re-current funding of a number of programs to be delivered in service area covered by the Maitland Office of the Department over the next five years. The first round of funding of $1,132,992 for Maitland includes and allocation of $691,750 for the construction of an Integrated Family Centre at Woodberry. The centre will enable a range of local services providing assistance to vulnerable families and those who are at risk to co-locate and better coordinate early intervention services. The Integrated Family Centre, the subject of this report, is to be located at Woodberry and will service neighbouring areas such as Thornton and the Woodberry Public School and Francis Greenway High School catchment areas. The location of the


Integrated Family Centre, Woodberry (Cont.)

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Centre and services to be included have not been decided and will be subject to further negotiations between Council and the Department, consultation with the Community Services Sector and consultation with the community. Preliminary concepts for the centre include; 30 place long-day childcare centre, pre-school options, community activity areas, counselling and office spaces, and housing of the Schools as Community Centres project and early childhood health services. Maitland City Council’s role in this project includes: 1. Project management of the construction of the Integrated Family Centre by

Council’s Contract and Consulting Division, and 2. The auspicing of project funding that will include receipting and holding of project

funds, and disbursement of those funds as works are completed. On completion of the Centre, it is envisaged that ongoing management, staffing and responsibility for the Centre will become the responsibility of an incorporated management committee that reports to the Department of Community Services. Woodberry and surrounding areas have been identified as areas with young populations compared to the remainder of Maitland and the State. The table below provides age cohort data and is sourced from the ABS Census of Housing and Population 2001. Age Cohort Distribution Population Group

Children 0-11 yrs % of population

Youth 12-24 yrs % of population

Aged 65 yrs plus % of population

Woodberry 24.65% 20.32% 5.04%Thornton 23.32% 20.03% 4.58%Maitland LGA 19.20% 18.95% 11.06%NSW 16.47% 17.41% 13.08% In addition to the young population, Woodberry has also been identified as area of socio-economic disadvantage, where a number of socio-economic indicators including; income, housing, employment, education, community safety and health indicate a strong need for additional family support and children’s services, and facilities that foster family focused community processes such as relationship and social capital building. For Council information, other services funded under the strategies include: • Maitland Family Day Care Scheme - $105,923 for the improvement of parenting

skills of first time mothers and disadvantaged families. The service will provide flexible childcare options and supported playgroup activities for families with children 0-12 years. The service will also provide training to 12 family day care mothers as well as 24-48 childcare places per week.

• Hunter Division of General Practice - $76,000 for improving relationships between general practitioners and service providers working with vulnerable families.

• Hunter Home-Start - $2,236 to be used to expand home visiting services.


Integrated Family Centre, Woodberry (Cont.)

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• St John of God Family Services - $244,583 to provide specialist support for post-natal depression, drug and alcohol abuse and family violence. The service will provide support to families in their homes as well as centre-based activities.

• Uniting Church in Australia Property Trust - $12,500 to provide continuous home visiting to first time parents with low support in the Dungog area.

FINANCIAL IMPLICATIONS Auspicing and project management costs will be managed within Council's adopted budget or forward estimates.




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10.3.6 MYE - MAITLAND YOUTH ENTERPRISE

File No: P35688, P35689, P18101

Attachments: (1) Information from Maitland Youth Enterprise


Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report presents to Council strategies for a partnership approach with Maitland Youth Enterprise Inc. (MYE) and the Department of Community Services to ensure that one of the City’s Youth Centres remains viable and operational. The recommended approach is consistent with the roles and responsibilities of each tier of government as well as non-government organisations such as MYE.


1. Council re-negotiate the lease with Maitland Youth Enterprise Inc. (MYE) for a five (5) year period and that the rental amount be $12 per year with water and electricity charges covered by Maitland City Council.

2. That MYE be encouraged to develop a five (5) year financial strategy to ensure that the service is sustainable.

3. That MYE provide a copy of its financial strategy and an annual financial report to Council.

REPORT Background Maitland Youth Enterprise Inc. (MYE) has leased the Council owned property at 73 Elgin Street since April 1997 to 30 June 2002 for a rental of $1.00 per month ($12 p.a.). In August 2001, MYE were successful in receiving additional funding from the Department of Community Services for the positions of Youth Development Officer and Youth Counsellor. Both of these projects receive rental components as part of their funding, therefore it was deemed appropriate to re-visit the amount of rent paid by MYE and determine the lease period for the property at 73 Elgin Street. Since 1 July 2002, MYE have paid a rental amount of $150 per week ($7800 p.a.) It was acknowledged that Council has a community service obligation to provide a location for youth services at a subsidised rate and the amount reflected this strategy. Council were advised in 2001 that the potential rental on the property was $26,000 p.a.


MYE - Maitland Youth Enterprise (Cont.)

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Council has requested a report regarding MYE that looks at the ramifications of its closure and suggested ways that the Council could provide more assistance. The MYE Committee has provided information and a copy of their correspondence is attached. Consideration of this matter cannot be undertaken in isolation, that is, it must be considered as part of an overall community service and youth service provision strategy taking into account other services provided within the City and responsibilities of each tier of government. Youth Service provision – bigger picture Community Service provision in Australia is structured around a three level model: Commonwealth Government, State Government and Local Government. At the top level, the Commonwealth Government’s role can be seen as reaching across the entire community. The programs for which it has responsibility, such as income support, are aimed at delivering benefits to entire classes of people (unemployed, pensioners, frail aged) across the entire community. Whilst these clearly deliver benefits to individuals, the government focus is on achieving a social outcome which is desired by the community; for example, people receive sufficient income to live on, the unemployment rate is not too high, the frail aged and sick are cared for. At a State level, the focus shifts to dealing with individuals who have problems. The way state governments generally operate, and certainly in NSW, is to set up departments to deal with problem target groups: so we see Departments for Women, Aboriginal Affairs, Ageing and Disability, Juvenile Justice, Families and Children and Ethnic Affairs, Youth and in addition general “community problem” departments such as the Department of Community Services (DOCS). New initiatives such as “Families First” have been driven out of the Cabinet Office to deal with problems across departments to deal holistically with communities. In November 2003, Maitland City Council supported the Better Futures Hunter Region Youth Plan 2003, which presents a range of strategies to address the identified issues within the region. At the Local Government level, we operate horizontally, across the entire community, to holistically address the issues which face our communities, because we are the only level of government which can do so. Maitland City Council’s role in community services is not at a direct service provision level; this is performed much more effectively at a non-government agency (NGO) and service provider point. Council focuses on strategic planning, community development, advocacy, support and consultation. This model has been used effectively in Maitland with the provision of children’s services, whereby Council provides facilities and management committees or NGO’s provide service. It would be feasible for this model to continue into the provision of youth services within the City. The danger of ‘stepping’ outside this model is that Council takes on the responsibility of State Governments in providing a ‘social welfare model’. Maitland City Council community services is not a deliverer of social welfare but a facilitator and advocator of it. Council simply does not have the resources to carry out welfare work and nor is this its role. Council provides significant infrastructure for young people within the city through the provision of recreation, sporting, cultural and community facilities.



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To this end, it is recommended in the report that Council provide a model for youth services that is both consistent and equitable with other target groups, for example, children services and takes on a broader role more appropriate to its charter, ensuring that other tiers of government maintain and fund their areas of responsibilities. Youth Services provision – local level At present, Maitland Youth Enterprise Inc. operates a youth centre in Elgin Street on Friday and Saturday nights and during school holidays. Both Mindaribba Local Aboriginal Land Council and Maitland PCYC provide youth facilities within the city and an integrated centre for Woodberry is proposed in the next financial year. Specific youth centres, such as those listed above, are supported by a number of NGO’s such as Maitland Neighbourhood and Information Centre Inc., Maitland Youth Development Officer, Woodberry Community Development Project, Youth Counsellor, Youth Refuge, Samaritans, Youth Court Support and Families First to name a few, and of course Maitland City Council at a government level. It should be highlighted that MYE has contributed significantly in providing services for young people and attracted funding to develop programs that operate from the current youth centre. Successful programs have included:

• Youth leaders program • Dance and drama classes • Life skills classes • Anger management programs • Arts and craft activities • Young mothers program

It is fair to say, that MYE has always experienced financial difficulty, as funding for a youth worker position was time limited and recurrent funding has not been secured. Council can lobby State Government departments for funding for a youth worker position in Maitland but it would not be advisable for Council to fund such a position. This potentially could be viewed by other service providers as inequitable and has already been trialled and failed between 1998-mid 2001. An approach that subsidises facilities is a much clearer model that ensures roles and responsibilities are consistent not only with the responsibilities of other levels of government but also with other service provision that Maitland City Council is responsible for, e.g. children’s services. MYE have requested Council’s support in the following areas: 1. Employment of full time or part time Youth Workers 2. Lease amount be $12 p.a. 3. 5 year lease 4. Operational costs; electricity, water, sewerage, telephone, security, public

liability and insurances 5. Provision for sub-letting of areas within the centre



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Council does not provide funding for NGO’s to employ staff. It is specifically the responsibility of service providers. A joint approach has been trialled in the past and employment relations, OHS requirements and difference in the legal responsibilities made this approach impractical and unworkable. Points 2, 3 & 5 can be provided for in the lease including electricity, water and sewerage. An indicative subsidised cost is between $13,000-$16,000 p.a. depending on utility usage. It would not be appropriate nor equitable or consistent to fund telephone, security, insurance or public liability. These operational costs sit quite properly with the organisation. It is therefore recommended that Maitland City Council prepare a lease agreement on the premises at 73 Elgin Street that offers a five (5) year lease at $1 per month ($12 p.a.) with the operational costs of water, sewerage and electricity being paid by Council. This approach will ‘free up’ $150 p.w. for MYE, which can be utilised to employ a part-time youth worker whilst the centre is open. Parts 2 & 3 of the recommendation are intended to encourage the Committee to prepare a financial plan ensuring that the service is sustainable and to monitor the financial position of MYE.

FINANCIAL IMPLICATIONS Council foregoes the rental component of $26,000 per annum plus an allocation of $16,000 will be required for utility costs. Total cost to council is $42,000 per annum. Financial implications for the draft 2004/05 Management Plan include a reduction of $7,800 in income for rental and an increase of $16,000 for utility costs. $23,800 will need to be funded by reducing the projected surplus in the draft Management Plan by $23,800.

POLICY IMPLICATIONS The recommendation is consistent with Councils policy on partial cost recovery for community services.


CONCLUSION The Department of Community Services (DOCS) have recommended to MYE that a key stakeholder meeting be scheduled that includes representatives from Mindarribba Local Aboriginal Land Council, Chamber of Commerce, Youth Service providers, DOCS, PCYC and Maitland City Council. Following that meeting, a further report will be presented to Council for information.


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10.3.7 RECREATION SERVICES URGENT REPAIRS

File No: 101/5/11, 101/13/2, 101/12/6

Responsible Officer: Judy Jaeger Manager Community and Recreation Services

Author: Brian Teare Recreation & Community Facilities Co-ordinator

EXECUTIVE SUMMARY This report presents to Council the need for additional funding to the Recreation Services budget to meet unplanned expenditure required to maintain recreation facilities. The works identified in the report are urgent and require immediate attention.

OFFICER'S RECOMMENDATION THAT Council allocate $17,000 plus GST, as an addition to the budget, to fund the cost of three hot water systems and sewage works at various recreation facilities identified within the report.

REPORT During the 2003-04 financial year Council has been obliged to replace three hot water serves, at Fieldsend Oval, Coronation Oval and Norm Chapman Oval. The total cost of these replacements was approximately $9,000. In addition to those works the sewage piping from Robins Oval has been identified as requiring extensive replacement. A quotation of $7,920 has been received for this work. The budget for the maintenance of recreation buildings does not allow for unexpected expenses of this magnitude. The provision for this expenditure cannot be accommodated without significant reduction in Council’s services to the user groups.

FINANCIAL IMPLICATIONS The current allocation for recreation buildings, contract costs, has been fully expended. Accordingly funding for these works as an addition to the current management plan is recommended




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10.3.8 REGIONAL PLASTIC BAG REDUCTION CAMPAIGN

File No: 61/32/2



EXECUTIVE SUMMARY The Hunter Waste Educators Group (HWEG) comprises environmental officers of Newcastle, Lake Macquarie, Port Stephens, Cessnock, & Maitland Councils, Hunter Resource Recovery and the Department of Environment & Conservation. The plastic bag issue is currently a priority of HWEG. Over the past year, the group has actively campaigned for the reduction of plastic shopping bags through radio and print media, shopper’s surveys, competitions, displays and community events and calico bag giveaways. To expand these sustainability education activities, HWEG is seeking support from individual councils to get involved with the Clean Up Australia ‘Say NO to Plastic Bags’ campaign and apply for joint funding of up to $60 000 from the Department of Environment & Conservation’s Our Environment – It’s a Living Thing Grants, closing in June 2004. The campaign has been and is proposed to remain targeted towards plastic bag reduction in the region.


1. That Council support the Hunter Waste Educators Group’s involvement in the Clean Up Australia ‘Say NO to Plastic Bags’ campaign focused on a reduction in the use of plastic bags.

2. That Council endorse the Hunter Waste Educator’s joint funding application for the Department of Environment & Conservation’s Our Environment – It’s a Living Thing Grants Program to continue and expand upon the group’s existing plastic bag reduction campaign.

REPORT The Hunter Waste Educators Group (HWEG) formed in 1998 in order to provide a regional front for waste education issues in the Lower Hunter. The group comprises permanent representatives from the Department of Environment & Conservation (DEC), Hunter Resource Recovery (HRR), Lake Macquarie, Newcastle, Port Stephens, Cessnock and Maitland Councils with officers from Upper Hunter Council’s and Hunter Water Corporation participating occasionally.


Regional Plastic Bag Reduction Campaign (Cont.)

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HWEG meets quarterly and currently reports on their activities through their respective organisations and at WMAA meetings. It is anticipated that HWEG will also supply updates on activities to Hunter Councils and GMAC. During National Recycling Week 2003, HWEG ran a plastic bag reduction campaign across the Lower Hunter council areas. The idea of ‘plastic bag free shopping’ was delivered through informative displays, radio and print media; a competition carried out in conjunction with KOFM/NXFM and calico bag giveaways in exchange for completed surveys. Over 5500 shoppers were surveyed on their attitudes towards plastic bags. The survey results showed a strong community awareness of the undesirability and environmental hazard of plastic shopping bags and a willingness to change to reusable bags. Over 80% of respondents indicated they would use calico bags all the time or in conjunction with plastic bags if a levy were introduced. These results were reported by NBN Television, ABC and 2HD radio, Port Stephens Examiner and the Newcastle Herald during April 2004. Following on from the survey results, HWEG called for Expressions of Interest from suppliers/manufacturers of plastic bag alternatives. A list of suppliers is being collated for inclusion in an information package for Hunter Business Centres and Chambers of Commerce. The aim of HWEG’s plastic bag campaign is to reduce plastic bag usage across the Lower Hunter Region. This will be achieved through educating retailers and the community on ways to minimise plastic bag use and promoting the use of reusable shopping bags. Clean Up Australia, a national environmental organisation responsible for the national coordination of the annual Clean Up Australia Day campaign, has recently announced a nationwide campaign to target plastic bag use with a slogan ‘Say NO to Plastic Bags’. This campaign, similarly with the existing HWEG campaign, involves the development of a kit to assist retailers in promoting plastic bag alternatives & recycling of plastic bags. There now exists a great opportunity to link in with a nationwide campaign to share resources and reduce the ‘double up effect’ of repeating the same work. A number of factors support the expansion of HWEG’s plastic bag campaign, namely: • The success of last year’s calico bag giveaways and the positive feedback

received from the community; • Results from the plastic bag surveys show the community appear willing to

change to reusable shopping bags; • The topical nature of plastic bags guarantees good media coverage and greater

promotion of Council’s involvement in the campaign; • The proactive nature of linking with Clean Up Australia and utilising their

resources and promotional materials will see national coverage of HWEG’s campaign;

• Funding for the campaign can be applied for through DEC’s Our Environment – It’s a Living Thing grants program. Application for this grant will ensure HWEG’s


Regional Plastic Bag Reduction Campaign (Cont.)

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continued participation in the Clean Up Program, while reducing financial impacts on Councils.

FINANCIAL IMPLICATIONS Sourcing funding through the Department of Environment & Conservation to support the plastic bag campaign would strengthen the local campaign and ensure significant regional participation in the nationally focussed Clean Up Program. Involvement in this campaign can be contained within current budgetary allocations.




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10.3.9 BED AND BREAKFAST ACCOMMODATION ROAD SIGNAGE

File No: 140/5


Author: Grant Wood Infrastructure Planning Engineer

EXECUTIVE SUMMARY This report is to adopt a standard for signage in the local road network, identifying the location of “Bed and Breakfast” (B&B) style accommodation. Typically the signage is located on the nearest intersection to the B&B establishment.

OFFICER'S RECOMMENDATION THAT

1. Council adopt a standardised style of sign as detailed in this report to identify the location of a “Bed and Breakfast” establishment.

2. Council to be responsible for placement of the sign at the cost of the “B & B” establishment.

REPORT The City of Maitland is experiencing rapid growth in tourist related activities. Similarly the surrounding local government areas are also experiencing significant growth. This economic growth is driving a demand for more small scale tourist accommodation. This style of accommodation usually has a lower profile in the community than typical tourist accommodation. It is with this in mind that it is recommended that a uniform approach be taken to directional signage for Bed and Breakfast accommodation. Australian Standard 1742.6-1990, Manual of Uniform Traffic Control Devices Part 6: Service and Tourist Signs for Motorists details the requirements for tourist based road signage. In particular, specifies a number of standard sign symbols for use of services signs. Symbol S6 from Appendix A of AS1742.6 (Attachment 1) is for accommodation, hotel, motel and guest house. This symbol is of a bed indicating the accommodation component of the above facilities. Other local government areas in the Lower Hunter also use symbols from AS1742.6 as a basis for tourist accommodation. Lake Macquarie City Council uses a sign that contains Symbol 6 from AS1742.6, the letters “B & B” as well as the name of the establishment in a smaller font.


Bed and Breakfast Accommodation Road Signage (Cont.)

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It is proposed that Maitland City Council adopt a similar approach in the establishment of tourist accommodation signage. The recommended sign would be composed of white text and image on a blue background. The text is simply the letters “B & B” with symbol of a bed (S6, AS1742.6). The sign blade also contains a white arrow head to indicate the direction of the establishment. Typically the sign blade would located at the nearest intersection to the establishment. It is important to note that the signage must be placed on local roads. The RTA forbids this type of signage on State roads. Placement of the sign will be the responsibility of Council with all costs to met by the B & B establishment. Future replacement of the blades is also to be at the B &B establishment’s expense.





Bed and Breakfast Accommodation Road Signage (Cont.)

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10.3.10 BOER WAR MEMORIAL DEDICATION CEREMONY ROAD CLOSURE

File No: 59/4

Attachments: Location of Barricades



EXECUTIVE SUMMARY The Maitland RSL Sub Branch has lodged an application with Council to hold a Dedication Ceremony for the recently refurbished Boer War Memorial located in Maitland Park on Sunday 30 May, 2004 between 8.30am and 2pm. This application is specifically for the road closure of roads leading to the memorial within Maitland Park. With the late timing of the application and the fact that these roads are not public roads, the standard road closure procedure has not been adhered to.

OFFICER'S RECOMMENDATION THAT Council grant approval to temporarily close the access roads at the locations shown on the map in Attachment 1 between 8.30am and 2.00pm on Sunday 30 May, 2004.

REPORT The Maitland RSL Sub Branch has lodged an application with Council to hold a Dedication Ceremony for the recently refurbished Boer War Memorial located in Maitland Park on Sunday 30 May, 2004 between 8.30am and 2pm. This application is specifically for the road closure of roads leading to the memorial within Maitland Park. The applicant has suggested that up to 1000 people may attend the dedication. This is seen as being an overestimate on the numbers attending. This application is a late application and as such the proposal has not been advertised, nor has it been considered by the Local Traffic Committee. These roads are not public roads, however as they are publicly accessed thoroughfares it is deemed appropriate that Council consider the impacts of closure and how best to manage them.


Boer War Memorial Dedication Ceremony Road Closure (Cont.)

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Generally the Local Traffic Committee may impose conditions on this type of road closure application. These conditions may include:

• The applicant liaises with Maitland Traffic Services Unit of the NSW Police Service at Maitland Police Station.

• The applicant provide Council with a copy of their public liability coverage for this event to a minimum value of $10 million.

• Manned barricades be placed over the entrances to the memorial as shown on the attached plan (Attachment 1) separating the event area from the general public.

• Any damage to the Park Infrastructure / fittings / furniture as a result of the Dedication Ceremony are the responsibility of the applicant to repair or replace to Council’s satisfaction.

FINANCIAL IMPLICATIONS The application fee has been waived.


STATUTORY IMPLICATIONS There are no statutory implications arising from this report. Typically road closures fall under Division 2, Part 8 of the Roads Act, 1993, and the terms of the delegation of Authority to Councils by the Roads and Traffic Authority in relation to temporary road closures. However as this application is for roads not located within road reserves this section of the Roads Act does not apply,


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10.3.11 ROYAL FLYING DOCTORS OUTBACK TREK BASH

File No: 140/5



EXECUTIVE SUMMARY The Royal Flying Doctor Service is holding the Telstra Flying Doctor Outback Trek which is a fund raising event involving 140 vehicles. It will start from the Maitland Heritage Mall and travel to a variety of townships throughout outback New South Wales. The start of the event will require road closure of the mall. Temporary road closure details: High Street Maitland, between Elgin Street and Bourke Street (Heritage Mall), from 4.00am to 9.30am Sunday 6th June 2004.

OFFICER'S RECOMMENDATION THAT Council approve the temporary road closure of High Street Maitland between Elgin Street and Bourke Street between 4.00am and 9.30am on Sunday 6 June 2004 for the purposes of the Telstra Flying Doctor Outback Trek.

REPORT The Royal Flying Doctor Service is holding the Telstra Flying Doctor Outback Trek which is a fund raising event involving 140 vehicles. It will start from the Maitland Heritage Mall and travel to a variety of townships throughout outback New South Wales. The start of the event will require road closure of the mall. Temporary road closure details: High Street Maitland, between Elgin Street and Bourke Street (Heritage Mall), from 4.00am to 9.30am Sunday 6th June 2004. The Local Traffic Committee has approved the road closure for the event at its meeting on 6 May, 2004. It is recommended the following conditions be applied to the event. 1. The applicant liaise with Maitland Traffic Services Unit of the NSW Police Service at Maitland Police Station; 2. The applicant provide Council with a copy of their public liability coverage for the event to a minimum value of $10 million; 3. Barricades be placed over the entrances to the Mall in High Street and Bulwer Street separating the event area from the general public;


Royal Flying Doctors Outback Trek Bash (Cont.)

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4. The applicant ensure that the barricades are manned by trained personnel to ensure legitimate egress by local business proprietors and emergency services.

FINANCIAL IMPLICATIONS This matter has no financial implications for Council.


STATUTORY IMPLICATIONS Road closures fall under Division 2, Part 8 of the Roads Act, 1993, and the terms of the delegation of Authority to Councils by the Roads and Traffic Authority in relation to temporary road closures. This application has been advertised and no submissions were received.


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10.3.12 THIRD CROSSING OF THE HUNTER RIVER

File No: 122/940

Attachments: Route Options



EXECUTIVE SUMMARY This RTA has placed on public exhibition the four bridge crossing options for the Hunter River in the Maitland area. This report recommends that Council support the proposal to construct a third crossing of the Hunter River and identifies the key principles the RTA should consider in determining the most appropriate option.


1. The RTA be advised that Council supports the proposal to construct a third crossing of the Hunter River

2. A submission to the RTA on the third river crossing proposal be made following the RTA briefing of Council

REPORT The Roads and Traffic Authority have developed four (4) bridge crossing options for the Hunter River in the Maitland /Morpeth area. These short listed options have been placed on public exhibition with comment to be received by 28th May 2004. At the time of the preparation of this report the Value Management Study (VMS) has not been conducted and the RTA has not briefed Council. The RTA have informally advised that it will brief Council on the proposal and that Council can have up to an additional 2 weeks to comment. This would allow the outcomes of the VMS and the Council briefing to be taken into account in any submission. In light of this it is recommended that Council defer its submission until the RTA briefing has taken place. The purpose of this report is to identify for Council the key principles that the RTA should consider in determining the most appropriate option. Project Objectives


Third Crossing of the Hunter River (Cont.)

Page 88

The project objectives for a third crossing of the Hunter River are

• To alleviate traffic congestion both present and future on the Belmore Bridge and through the Maitland CBD

• To provide an alternative crossing to the heritage listed Morpeth Bridge that is subject on going maintenance issues.

Route Options The four bridge crossing options developed by the RTA are as follows. (see also Annexure for details) Western route options

• WR1 – Maitland to Bolwarra via Horseshoe Bend, Hicks Road and Flat Road • WR2 – Maitland to Bolwarra Heights via Horseshoe Bend, Hicks Road north to

Tocal Road Eastern route options

• ER1 – East Maitland to Bolwarra via Pitnacree, Glenarvon Road and Flat Road

• ER2 – East Maitland to Bolwarra Heights via Pitnacree and Glenarvon Road north to Tocal Road

Strategic Planning All four options are compatible with Councils strategic planning direction. Council’s urban settlement strategy recognises the long-term problems with both Belmore Bridge and Morpeth Bridge. This has implications on the capacity for new residential development in the central and north of the Maitland LGA and will be a consideration for new development in the southern districts of the Dungog and Port Stephens Shires. At the present time there are no long term plans for urban growth in the central and northern areas of the Maitland LGA however given the current population growth and demands for urban release areas, Maitland is likely to experience increasing pressure to expand to the north. Maitland is a regional service centre for areas outside our LGA and the ability to fund major infrastructure to cater for this external demand is limited. The provision of an additional river crossing funded by the State Government is an opportunity to have infrastructure that will alleviate current problems being experienced and provide for future planned expansion of the city.



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Key Principles As noted above there is a lack of background information and detail on the various route options. Accordingly it is difficult to address specific concerns relating to each option. The following principles generally apply to all options. Where appropriate specific reference is made where the issue applies to one option only. Agriculture A large proportion of the land is of high agricultural value. The route should avoid or limit the adverse impact on agricultural land and landholders, taking into account viability of holdings, sterilisation of land and landholder amenity. Flooding All the options cross the floodplain. The hydraulic impact of any development on the surrounding floodplain and associated properties, watercourses and drainage patterns should be addressed. The selection and design of the various routes must take into account the principles of sound floodplain risk management and the requirements of the New South Wales Floodplain Management Manual. Traffic impacts The benefits to Belmore Bridge and Morpeth Bridge are obvious and have been quantified. In achieving these positive outcomes the potential traffic impacts on residential areas and road network areas external to the works will need to be addressed. This in particular applies to the locations where the proposed route connects with the existing road network at Bolwarra, High Street and East Maitland. There are existing traffic issues remote to the proposed routes that should be taken into consideration such as the Melbourne Street / New England Highway intersection. Environment The degree of environmental impact will have a bearing on which corridor is selected. Environmental assessments of all options should be undertaken as part of the overall assessment process. Under Part V of the Environmental Planning and Assessment Act the RTA as the determining authority has an obligation to take into account all matters affecting the environment. Economic impact on Commercial Areas The impact on the commercial areas of High Street and the Maitland CBD and East Maitland should be addressed. There are potential positive/negative outcomes for commercial areas arising from the various route options. These need to be assessed and considered in the route selection. Conclusion



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The Council and the community recognise that a third river crossing is necessary. There is broad community support for a third river crossing however Council is mindful of the impact issues raised by individuals who are potentially affected by various route corridors. Council will work closely with the RTA to ensure the impact on the Maitland community is kept to a minimum whilst ensuring that the overall community benefits are achieved. Any of the four proposals fulfills the project objectives and results in a viable bridge crossing. Notwithstanding which route is eventually selected it must be recognised that this is a decision with long-term ramifications. The proposed bridge will have a life of at least 100 years. The best route for the community is the one that eases the current traffic congestion, maximises the long-term benefits for a growing area and minimises the impact on the existing population Unfortunately it is not possible to construct such a crossing without some negative impacts. However in the context of the net community benefit of the additional bridge crossing these impacts are considered to be acceptable provided all necessary mitigation measures, consultation, compensation and suchlike are carried out. Based on the information available to date it is not possible or reasonable for Council to indicate its preferred route at this time. It is recommended that the RTA be advised of the key principles above and that Council will be forwarding a further submission following the RTA briefing. It is recognised that there is a considerable amount of community concern over the selection of the final route and it is imperative that the RTA finalise the route corridor to remove the current state of uncertainty. However it is also important that Council comments be made from an informed position to ensure a successful outcome.





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10.3.13 WINDERS LANE LOCHINVAR

File No: 222/631

Attachments: Locality Plan Rail Infrastructure Correspondence regarding Public Comment on Winders Lane Rail Level Crossing



EXECUTIVE SUMMARY This report details the outcome of the public comment process undertaken by the Rail Infrastructure Corporation regarding the proposed closure of the Winders Lane rail level crossing.


1. Council advise the Rail Infrastructure Corporation that it has no objection to the closure of the Winders Lane rail level crossing subject to access to Property No 206 Winders Lane and Property No 176 Old North Road being achieved as detailed in this report

2. Council commence discussions with the owners of Property No 206 Winders Lane and 176 Old North Road regarding property access.

3. A further report be submitted to Council on the outcome of the access negotiations.

REPORT The matter of the closure of the Winders Lane level crossing has been the subject of a number of reports to Council. On 3rd December 2003 Council resolved that in conjunction with the Rail Infrastructure Corporation (RIC) public comment be sought on the crossing closure. RIC have forwarded the results and copies of the public comment for Council comment ( Annexure 1) Seven e-mails and two letters were received in response to the advertisement. In summary the concerns raised are

• Safety concerns regarding motor vehicle driver behaviour


Winders Lane Lochinvar (Cont.)

Page 92

• Safety concerns with children • Crossing is a shortcut to Kurri Kurri, Cessnock and surrounding areas • Emergency service access • Access to Old North Road to exercise horses • Alternate access when Station Lane crossing is being maintained • Access to property No 206 Winders Lane

Site Background Information Winders Lane Winders Lane comprises two sections. 1. New England Highway to the Main Northern Railway, a length of

approximately 1.7 kilometres of which 1.1 kilometres is sealed 2. Main Northern railway to Old North Road. This section has no constructed

pavement and is generally a track that is only accessible by 4 wheel drive vehicles. Council does not maintain this section of the lane.

There is an uncontrolled (ie. no boom gates or lights) dual track rail level crossing linking the two sections of Winders lane. Access to Winders Lane properties south of the Railway Two properties abut Winders lane south of the railway. The eastern property No 176 Old North road (42.88 hectares) is undeveloped and has frontage and access to Old North Road. Property is zoned 1(b) To the west, No. 206 Winders Lane (12.75 hectares) with frontage to Old North Road however utilises the rail crossing and Winders Lane to the north for access. Property 1(b). The residence is located approximately 300 metres south of the railway and 350 metres north of Old North Road. The Council garbage collection pickup point is located on the north side of the rail line Rail Infrastructure Corporation (RIC) RIC is currently managing a major level crossing review program in NSW. The NSW Level Crossing Strategy Council whose representatives include RIC, RTA, Local Government and Shires Association and the Police determines priorities for spending on level crossing safety. RIC s preference with regard to Winders Lane is that the crossing be closed. The Winders Lane correspondence dated 9th March 2004 states:



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At this stage RIC in view of the comments received and as there are safety concerns such as passive protection of the crossing, high speed lines, dual tracks-risk of hidden trains, high volume of trains and a practical alternative route is available via Station Lane cannot see justification for the crossing to remain open. RIC have previously advised that

• Of approximately 4000 private and public crossings in NSW Winders Lane is the sixty seventh (67) worst public crossing.

• The rail corridor is one of the busiest in NSW with approximately 143 trains a day

• The subject section of rail line is high speed rail corridor with a track speed of 130 km/hr

• The cost of active protection measures such as lights, bells and boom gates would be in excess of $250,000 with continued environmental (bell noise) and maintenance costs

It is obviously difficult to justify any upgrade at this location from a rail perspective. The site is high risk however there is very limited vehicle usage and a number of alternative access options are available that do not require expenditure of rail funds. Options for Council Level crossings are not the direct responsibility of Council, however the safety considerations and impact on the road network require that Council actively participate in discussions on any level crossing upgrades or closures. There are a number of aspects to be considered in the development of options for Winders Lane however fundamentally they all hinge on whether there is a need for a public road connecting Old North Road and the New England Highway at this location. The key issues and concerns for Council are

1. Safety 2. Access to local properties 3. New England Highway and Old North Road linkages

These issues are expanded as follows Safety There is obviously potential for a serious accident at this location. The rail corridor is high volume and can be high speed. The RIC assessment of the crossing as high risk ensures that measures will be taken to reduce the risk to an acceptable level. Closing the crossing would be the most cost effective solution for the Corporation.



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Residents have petitioned Council to have the remaining unsealed section of Winders Lane north of the railway bitumen sealed. This will encourage higher vehicle speeds approaching the railway with increased chance of an accident. Link between New England Highway and Old North Road In addition to the Winders Lane level crossing, the other connecting road links between Old North Road and the New England Highway to the west of Maitland are located at Wollombi Road, Farley and Station Lane, Lochinvar. At Farley an underpass is used to cross the railway corridor. The rail crossing at Lochinvar is an at grade level crossing controlled by boom gates and lights. Whilst these two crossing points in terms of infrastructure are not ideal they provide a safe and generally satisfactory level of service. Old North Road does cross the rail line at a brick/concrete bridge approximately 800 metres east of Allandale Road. This section of Old North Road however is currently not open to traffic. The bridge is utilised in the undertaking of rail maintenance activities. The Winders Lane traffic volume demand does not exist now or in the foreseeable future to justify a level crossing at this location. Controlled rail crossing facilities at Wollombi Road and Station Lane are adequate to cater for the road network. Any traffic associated with possible future development of land to the south of the railway would be required to use Old North Road for access. From a long term planning perspective it is desirable for Council to leave the road corridor south of the railway open with the condition that the road is not maintained by Council and is returned to an unformed state. Access to local properties Property access to N0 176 Old North from Winders Lane north of the railway is not considered an issue however it is proposed that the owner be consulted regarding any changes to the current situation. Property access to No 206 Winders Lane is the major issue to be resolved. Options in this regard include providing internal access or Council upgrading the section of road south of the railway to a sufficient standard for property access. The cost of each of these options is approximately the same. To provide a 3 metre gravel access with a piped culvert at the low point adjacent to the dam is estimated to cost $12,000. The internal access road would be a one off cost. The upgrading of Winders Lane will commit Council to on going maintenance. It should be noted that the majority of properties fronting Old North Road are set back with accesses in excess of 200 metres. Conclusion



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With the objectives of safety, vehicle access and best value the preferred course of action for Council is that

• The Winders Lane rail level crossing be closed • Access to No 206 Winders Lane be from Old North Road with a suitable

internal access to be provided by Rail Infrastructure Corporation to the owner and Councils satisfaction.

• Winders Lane south of the railway remain open as a “no through road” with the condition that the road is not maintained by Council and is returned to an unformed state

It is recommended that Council advise the Rail Infrastructure Corporation in the above terms with the condition that the closure of the rail crossing be subject to the successful negotiation of property access with the owners of No 176 and No 206 as detailed in the report.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. The closing of the level crossing has benefits for the Rail Infrastructure Corporation. RIC have indicated that an agreeable outcome between the Corporation and Council can be achieved for access to No 206 Winders Lane property. On completion of consultation with the owners of No 175 and 206 Old North Road and discussions with the Rail Infrastructure Corporation regarding costs a report will be brought back to Council.




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10.3.14 REVIEW OF ROAD SAFETY STRATEGIC PLAN

File No: 140/16

Attachments: (1) Road Safety Strategic Plan Revised 2003


Author: Alison Marshall Road Safety Officer

EXECUTIVE SUMMARY A review and update of Council’s Road Safety Strategic Plan has been completed as per the Management Plan requirements. The document was placed on public exhibition from 15 March 04 for a period of one month. No comments or submissions were received during this time.

OFFICER'S RECOMMENDATION THAT Council adopt the 2003 Revised Road Safety Strategic Plan.

REPORT The Road Safety Strategic Plan outlines a co-ordinated approach to making roads safer and reducing the costs of crashes to the community. The Plan is intended to be a flexible document that can be updated and changed as road safety issues and priorities within the community change. Council adopted the current Road Safety Strategic Plan in 2001. As per the requirements of Councils Management Pan, the Road Safety Strategic Plan was reviewed and updated. As a significant consultation was undertaken in 2001 with the development of the Plan, the 2003 review has been conducted to reflect more recent statistics and has not been altered significantly from the plan adopted in 2001. The 2003 Revised Road Safety Strategic Plan was placed on public exhibition from 15 March 04 for a period of one month and advertised in Maitland City Council news section of the Maitland Mercury and Lower Hunter Star week beginning 15 March 04 and 22 March 04. During this time no comments or submissions were received. The Lower Hunter Police Command and the Hunter Region Roads and Traffic Authority, as stakeholders in road safety, were also consulted.

FINANCIAL IMPLICATIONS This matter has no financial implications for Council.


Review of Road Safety Strategic Plan (Cont.)

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11 NOTICE OF MOTION/RESCISSION

11.1 CENTRAL MAITLAND PARKING NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 103/4/7


Author: Ray Fairweather Councillor

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 25 May 2004, as follows: That: 1. Council construct the additional 64 car parking spaces as per the detailed

design, as developed from the concept plan, adopted at the Council meeting of 22 July, 2003 item number 10.3.15 (see page 144).

2. The cost of the works be funded from the Central Maitland Car Parking

Reserve Funds. Note: In the report to Council in July 2003, Review of Parking – Central Maitland a concept plan for 24 car parking spaces in the existing car park behind the Maitland Courthouse and a further 40 car parking spaces in a new Sempill Street car park. Council resolved that the concept plan be developed in a detailed design to provide additional parking within a short timeframe (see page 144). I recommend to Councillors to refer to the 22 July 2003 Council meeting agenda item 10.3.15 and the resolution of council in the minutes of that meeting.

COMMENT BY GROUP MANAGER Council at its meeting of 22nd July 2003 resolved with respect to Agenda Item 10.3.15 – Review of Parking – Central Maitland, that 1. Council implement the short term actions as detailed in this report with funding

of $35,000 for the implementation of these actions to be voted from the Central Maitland Area Improvement Programme

2. A review of car parking in the Central Maitland area as detailed in this report

be undertaken and reported to Council by February 2004 with such review to

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NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Peter Blackmore (Cont.)

include a draft Car Park Strategy and associated capital project budget initiatives for consideration in Councils 2004/05 Budget.

The subject Council report included the following recommended actions. The current status is detailed in italics 1. Short Term – 3 Months

• Renew car park leases. Estimated Cost - $2,500 The renewal of car park leases commenced in 2003 and is nearing finalisation. Note: Updating of the leases has required legal input.

• Formally request that the K-Mart boom gate be removed and negotiate the

resolution of any issues associated with pre-paid parking fees. Estimated Cost - $1,500

Completed

• Engage a security firm to provide car park surveillance for 3 months. Estimated Cost - $10,000

Preliminary investigations were commenced in relation to the Council providing security services with the CBD. However on or about the same period, both CBD Limited and K-Mart engaged security patrols within the CBD precinct and it was therefore a duplication of services provided. On this basis, expenditure on additional security was deferred.

• Review the number of signs in the CBD car parks and increase as appropriate

to clearly define the extent of restrictions. Estimated Cost - $17,500 This is being undertaken as part of the Car Park Review

• Prepare a parking brochure for distribution to CBD commercial premises.

Estimated Cost $3,500 In July 2003 Maitland City Centre prepared a City Centre Directory that provided car park locations together with business identification. Council subsidised the production of this brochure. This brochure is a well-structured, easy to read guide.

• Initiate a business community consultation programme through the Maitland

Chamber of Commerce on solutions to parking problems. As part of the Car Parking Review a comprehensive Maitland CBD business car parking survey was carried out. A reply paid survey was sent to approximately 300 businesses with a 40 % response. The results of the survey form part of the review.

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• Prepare a detailed design and cost estimate for the upgrade of the Courthouse

car park and construction of a new car park in Sempill Street. Courthouse car park design and estimate completed. Sempill Street car park design and estimate completed.

• Prepare a detailed design and cost estimate for the removal of planter boxes

and provision of additional parking in the Council car park in Dransfield Lane adjacent to Maitland Plaza

Completed

• Undertake Parking Review as detailed in this report. Estimated Cost $40,000 Draft report currently being reviewed with final report to be available June 2004

• Assess options to form partnerships utilising existing privately owned car parks

within the CBD. A thorough assessment of this action is proposed upon the completion and adoption by Council of the parking review. This will ensure that options considered align with the identified priority areas.

Medium Term – 6 Months

• Complete parking review and report to Council Draft report prepared and currently being reviewed with final report to be available June 2004

Long Term – 12 Months

• Prepare Car Park Strategy and associated capital project budget initiatives for consideration in Councils 2004/05 Budget.

Draft report prepared and currently being reviewed with final report to be available June 2004

The project has been managed with the key objective of completing the parking review. With some of the short-term tasks it has become apparent, as the project has progressed that a better outcome can be achieved by waiting until the review was completed.

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The actions outlined in the July 2003 report commenced immediately following the Council meeting. The timeframes in the report were indicative only and in hindsight with the resources available were optimistic. The review was completed by February 2004 and accordingly, could not be reported to Council. As part of the parking data collection two car park surveys were conducted over the Christmas period. One of the periods was the week before Christmas that was used to establish peak demand and the second in January to determine normal demand. Accordingly the data review and analysis was delayed with a corresponding delay in the project timeframe. The Draft Car Parking Review has been prepared and is being reviewed with a final report to be submitted to Council in June 2004. Detailed concepts have also been developed for the construction of a public car park in Sempill Street at the rear of the new Mineral Resources Department. These concepts will be displayed at the Council meeting. One of the key aims of the review is to look at the car park issue from an overall CBD view point. It is recommended that a decision on any interim capital works be considered with the benefit of the information and recommendations in the Parking Review. Presentation to the Council of the outcomes of the review is imminent (mid June 2004). It is requested that any particular action in regard to this Notice of Motion be deferred pending a detailed report at the 22 June 2004 Council meeting.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. Funding for the construction of the car park as proposed is derived from the Section 94 Reserve, which can be drawn on by resolution of the Council at the appropriate time.



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11.2 MAITLAND LOCAL GOVERNMENT WARD BOUNDARIES NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 19/4


Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next Ordinary Council Meeting of Council on 25 May 2004, as follows: That the General Manager review the current Maitland Local Government Ward boundaries with a view to simplifying the existing situation that was a complete fiasco at the recent local government elections. The review should seriously look at the “No Wards” option for the following reasons: 1. The geographical make-up of Maitland City, with Maitland divided into a

number of residential precincts by floodplains and the requirement for equalisation of voters in each ward makes it extremely difficult, if not impossible, to have clearly defined ward boundaries;

2. The frustration of voters at not knowing which ward they were residing in, in

order to cast their vote, with some becoming quite irate (possibly the reason for the large number of informal votes);

3. Would estimate that 80% of voters at Tenambit Polling Booth did not know if

they had to vote for candidates in East, North or Central Ward. I would presume the same situation was evident at all shared polling booths;

4. Of approximately 140 Local Government Councils in NSW, 78 do not have

wards.

COMMENT BY GROUP MANAGER The Local Government Act requires a Council to revisit its Ward boundaries up to 12 months before the next Local Government election. Given the Notice of Motion put forward by Councillor Fairweather, there is an opportunity for a working party to assess the various options available and report back to Council.


NOTICE OF MOTION SUBMITTED BY COUNCILLOR FAIRWEATHER (Cont.)

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12 QUESTIONS WITHOUT NOTICE

13 URGENT BUSINESS

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14 COMMITTEE OF THE WHOLE

14.1 MT VINCENT WASTE DEPOT LANDFILL GAS MANAGEMENT - EXPRESSIONS OF INTEREST

File No: 137/989


Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY Expressions of Interest have been called from suitably qualified companies to actively manage all aspects of the Mt Vincent Waste Depot landfill gas stream. The Expressions of Interest are being reported to Committee of the Whole as they contain confidential commercial information.

OFFICER'S RECOMMENDATION 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

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14.2 MAITLAND RIVER WALK PROJECT - TENDER AND PAVILIONS

File No: 137/981 & 103/4 & DA 03-4176


Author: Warwick Schroder Civil Contracts & Project Management Coordinator

Leanne Harris Manager Corporate Planning

EXECUTIVE SUMMARY On the 10th February 2004, Council approved the development application for the river walk project but called for further information and options for the proposed pavilions at either end of the walkway. On the 27th April 2004, after being presented with 3 alternative options, Council resolved to delete the pavilions altogether and called for a further report in respect of improving access to the river bank itself. At the same meeting Council resolved to not accept any of the tenders received for the project and to negotiate with the lowest tenderer, prior to entering into a contract for the works. This report presents further information to Council in respect of both these matters and as it covers confidential commercial information it is reported to Council in Committee of the Whole.

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

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

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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16 CLOSURE