ordinary meeting minutes · 2017. 10. 27. · clr brian burke clr bob geoghegan clr arch humphery...
TRANSCRIPT
MAITLAND CITY COUNCIL
ORDINARY MEETING
MINUTES
12 MARCH 2013
ORDINARY MEETING MINUTES 12 MARCH 2013
Page (i)
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION ................................................................................................. 1
2 APOLOGIES AND LEAVE OF ABSENCE .................................................... 1
3 DECLARATIONS OF INTEREST .................................................................. 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .......................... 1
5 BUSINESS ARISING FROM MINUTES ......................................................... 1
6 MAYORAL MINUTE ....................................................................................... 1
NIL .................................................................................................................. 1
7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ..................................................................................................... 1
8 PUBLIC ACCESS .......................................................................................... 2
9 GENERAL MANAGER'S REPORTS ............................................................. 2
NIL .................................................................................................................. 2
10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ......................... 3
10.1 PROPOSED S96 MODIFICATION TO CONSENT/S, (INCREASE LOT THRESHOLD FOR DEDICATION OF NEIGHBOURHOOD PARK)............................................................... 3
10.2 APPOINTMENT OF COMMUNITY REPRESENTATIVES TO S355 COMMITTEES .......................................................................... 7
11 APPEARANCE AND INFRASTRUCTURE REPORTS.................................. 8
11.1 NOXIOUS WEED INSPECTION & ENFORCEMENT DELEGATIONS ................................................................................. 8
11.2 MAITLAND CITY COUNCIL PARTICIPATION IN THE NEWCASTLE ROAD FREIGHT ADVISORY GROUP ..................... 15
12 CORPORATE SERVICES REPORTS ......................................................... 16
12.1 DRAFT CEMETERY STRATEGY .................................................... 16
13 CORPORATE PLANNING AND ENGAGEMENT REPORTS ..................... 18
NIL ................................................................................................................ 18
14 STRATEGIC PROJECTS REPORTS .......................................................... 18
NIL ................................................................................................................ 18
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15 PEOPLE AND PERFORMANCE REPORTS ............................................... 18
NIL ................................................................................................................ 18
16 ITEMS FOR INFORMATION ........................................................................ 19
16.1 COUNCILLOR MOTIONS ................................................................ 19 16.2 INVESTIGATION INTO THE RELOCATION OF
ABOVEGROUND POWER TO UNDERGROUND - HIGH STREET, MAITLAND ....................................................................... 20
16.3 LOCAL GOVERNMENT ASSOCIATION OF NSW .......................... 21
16.4 LOCAL GOVERNMENT AMENDMENT (EARLY INTERVENTION) BILL 2013 ............................................................ 22
16.5 ELECTRONIC CAR PARK OCCUPANCY INDICATORS IN CENTRAL MAITLAND - STATUS UPDATE .................................... 23
17 NOTICES OF MOTION/RESCISSION ......................................................... 24
NIL ................................................................................................................ 24
18 QUESTIONS WITH NOTICE ........................................................................ 24
NIL ................................................................................................................ 24
19 URGENT BUSINESS ................................................................................... 24
20 CLOSURE .................................................................................................... 26
ORDINARY MEETING MINUTES 12 MARCH 2013
Page (1)
PRESENT
Clr Loretta Baker Clr Peter Blackmore Clr Brian Burke Clr Bob Geoghegan Clr Arch Humphery Clr Henry Meskauskas Clr Nicole Penfold Clr Philip Penfold Clr Steve Procter Clr Ken Wethered Clr Ben Whiting
1 INVOCATION
The Executive Manager Corporate Services read the customary prayer at the commencement of the meeting.
Apologies Or dinar y M eeting - 26/02/2013
2 APOLOGIES AND LEAVE OF ABSENCE
COUNCIL RESOLUTION
THAT the apologies received from Clr Garnham and Clr Aitchison be accepted. Moved Clr S Procter, Seconded Clr A Humphery
CARRIED
3 DECLARATIONS OF INTEREST Confirmati on of Minutes Ordi nar y Meeti ng - 26/02/2013
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
COUNCIL RESOLUTION
THAT the minutes of the Ordinary Meeting held 26 February 2013 be confirmed. Moved Clr S Procter, Seconded Clr L Baker
CARRIED
5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
Nil
7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS
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Page (2)
OF BUSINESS
8 PUBLIC ACCESS
Brendan O’Brien representing Stockland spoke for Item 10.1 – Proposed S96 Modification to Consent/s, (Increase Lot Threshold for Dedication of Neighbourhood Park).
9 GENERAL MANAGER'S REPORTS
Nil
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Page 3
Planni ng, Envir onment and Lifestyl e R eports
10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS 10.1 Pr oposed S96 Modificati on to Consent/s , (Increase Lot Threshol d for D edication of N eighbourhood Par k)
10.1 PROPOSED S96 MODIFICATION TO CONSENT/S, (INCREASE LOT THRESHOLD FOR DEDICATION OF NEIGHBOURHOOD PARK)
File No: DA 09-893, DA 09-894, DA 07-787
Attachments: Nil
Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle David Simm - Manager Development & Environment Stephen Punch - Principal Planner
Author: Ian Cunningham - Town Planner
Applicant: Stockland Residential Development NSW P/L
Owner: Stockland Residential Development NSW P/L
Proposal: S96 Modification to Consent/s (Increase Lot Threshold for Delivery of Neighbourhood Park)
Location: Aberglasslyn Urban Release Area
Zone: R1 ‘General Residential’ / RU2 ‘Rural Landscape’
EXECUTIVE SUMMARY DA’s 09-893 and 09-894 gave consent to 286 and 210 residential lots respectively in respect of the initial development of the Aberglasslyn Urban Release Area (McKeachies Run). As part of the consent conditions attached to DA 09-894, and in accordance with the Maitland Development Control Plan – Aberglasslyn Urban Release Area (URA) (Central Precinct), a neighbourhood park was required to be dedicated to Council prior to the issue of the Subdivision Certificate for Stage 5 of the approved development. In November 2010, a S96 modification to DA 09-893 and DA 09-894 was approved which included the addition of the above described condition to DA 09-893 and redefined the lot threshold for delivery of the neighbourhood park as ‘302 lots’ which included the lots approved under both DA’s. The lot threshold was increased to compensate for the delays encountered in preparation and costing of the park proposal. During the period between 2010 and 2011, Stockland and Council were involved in reworking the design of the proposed neighbourhood park due to original budget estimates being exceeded, and subsequently required extensive revision of the proposal and the scope of works. This process became protracted, whilst at the same time, approved residential lots were continuing to be brought on line. In September 2011, s96 modifications to DA 09-893 and DA 09-894 were approved to further increase the lot yield threshold to 537 lots prior to delivery of the neighbourhood park given the number of lots being developed was quickly approaching the approved threshold. Consultation, design and costing revisions in relation to the park were continuing during this time.
ORDINARY MEETING MINUTES 12 MARCH 2013
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At its meeting in April 2012 the Council granted consent for the embellishment of the neighbourhood park (DA 11-51). The Construction Certificate was later issued in November 2012. At the time of writing this report, preliminary works have commenced on site. The neighbourhood park is expected to be completed by the end of the year. Stockland have not obtained subdivision certificates for release beyond the approved threshold of 537 lots but have a number of lots ready for release which are constrained by the threshold. To address this, the proponent seeks to further increase the lot threshold so as to align the expected delivery time of the neighbourhood park with the 838th lot. By virtue of the overall number of lots exceeding the approved lot yield of DA’s 09-893 and 09-894, the condition relating to the timing of delivery of the neighbourhood park is proposed to be deleted from these consents, and carried over to the DA which encompasses the final stages of the west precinct of the Aberglasslyn URA, being DA 07-787. The new condition and subsequently the new lot threshold within DA 07-787 would be identified as the 301st lot (of DA-07-787, 343 lots) and represents the first lot in the last stage of the overall Stockland development of the Aberglasslyn URA. The proposed modification is reported to the Council given the prolonged period that has ensued in delivery of the neighbourhood park, the extent of numerical adjustment in the lots brought on line compared to the original requirement, and public expectations in terms of the provision of recreational infrastructure. Notwithstanding the circumstances that have led to the current situation, it is considered that by virtue of physical works having commenced on the neighbourhood park that a greater degree of certainty is achieved in respect of the timing of delivery of the neighbourhood park and as such there is a higher degree of comfort for the Council in increasing the lot threshold. In addition, increasing the lot release threshold to the 301st lot under DA 07-787 (which approved 343 lots in total), Council are effectively ‘holding back’ forty-two (42) lots to incentivise the completion of the park by Stockland. In broader consideration, it is noted that the s94 Plan for the Aberglasslyn URA identifies the delivery of a neighbourhood park with a threshold of 3000 people (approximately 1,200 lots). It is understood the original trigger (302 lots) was largely intended to bring the neighbourhood park online in a timely fashion. Given the delivery of the neighbourhood park will be well below the s94 Plan threshold, further modification of the threshold as proposed is considered acceptable. In terms of the physical impacts of the delayed park embellishment, stockpiled soil on site was required (under consent conditions) to be controlled in terms of erosion and dust control. The removal of the stockpile is imminent given works have commenced, and standard erosion control mechanisms will apply. OFFICER’S RECOMMENDATION THAT
ORDINARY MEETING MINUTES 12 MARCH 2013
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1. Consent conditions No.44 and No.50 of DA 09-893 as worded below be
deleted:
‘Condition No 44.
The Neighbourhood Park shall be embellished and dedicated to Council prior to the issue of the subdivision certificate for the 537th residential lot within the ‘Central Precinct’ as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan.
Condition No 50
All earthworks and soil stockpiling within the site allocated to the neighbourhood park/playing fields (Lot 527 DP1149062) shall be adequately protected and contained against the effects of soil erosion. Surrounding property shall be protected from wind borne dust emanating from the site.’
2. Consent conditions No.3 and No.43 of DA 09-894 as worded below be deleted:
Condition No. 3
‘The Neighbourhood Park shall be embellished and dedicated to Council prior to the issue of the subdivision certificate for the 537th residential lot within the ‘Central Precinct’ as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan.* this lot threshold does
not include the 31 lots included within the exhibition village as approved under DA 07-2188.
Condition No. 43
All earthworks and soil stockpiling within the site allocated to the neighbourhood park/playing fields (Lot 527 DP1149062) shall be adequately protected and contained against the effects of soil erosion. Surrounding property shall be protected from wind borne dust emanating from the site.’
3. Additional Consent No. 46 as worded below be applied to DA 07-787.
‘The Neighbourhood Park shall be embellished and dedicated to Council prior to the issue of the subdivision certificate for the 301st residential lot under DA 07-787 within the ‘Central Precinct’ or the 838th lot within the Aberglasslyn Urban Release Area, as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan. * this lot
threshold does not include the 31 lots included within the exhibition village as approved under DA 07-2188.
COUNCIL RESOLUTION THAT 1. Consent conditions No.44 and No.50 of DA 09-893 as worded below be
deleted:
‘Condition No 44.
The Neighbourhood Park shall be embellished and dedicated to Council
ORDINARY MEETING MINUTES 12 MARCH 2013
Page (6)
prior to the issue of the subdivision certificate for the 537th residential lot within the ‘Central Precinct’ as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan.
Condition No 50
All earthworks and soil stockpiling within the site allocated to the neighbourhood park/playing fields (Lot 527 DP1149062) shall be adequately protected and contained against the effects of soil erosion. Surrounding property shall be protected from wind borne dust emanating from the site.’
2. Consent conditions No.3 and No.43 of DA 09-894 as worded below be deleted:
Condition No. 3
‘The Neighbourhood Park shall be embellished and dedicated to Council prior to the issue of the subdivision certificate for the 537th residential lot within the ‘Central Precinct’ as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan.* this lot threshold does
not include the 31 lots included within the exhibition village as approved under DA 07-2188.
Condition No. 43
All earthworks and soil stockpiling within the site allocated to the neighbourhood park/playing fields (Lot 527 DP1149062) shall be adequately protected and contained against the effects of soil erosion. Surrounding property shall be protected from wind borne dust emanating from the site.’
3. Additional Consent No. 46 as worded below be applied to DA 07-787.
‘The Neighbourhood Park shall be embellished and dedicated to Council prior to the issue of the subdivision certificate for the 301st residential lot under DA 07-787 within the ‘Central Precinct’ or the 838th lot within the Aberglasslyn Urban Release Area, as identified within the Maitland Citywide Development Control Plan-Aberglasslyn Area Plan. * this lot
threshold does not include the 31 lots included within the exhibition village as approved under DA 07-2188.
Moved Clr S Procter, Seconded Clr B Geoghegan
CARRIED The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 7 for and 4 against, as follows: For: Clr L Baker Against: Clr H Meskauskas Clr P Blackmore Clr N Penfold Clr B Burke Clr P Penfold Clr B Geoghegan Clr B Whiting Clr A Humphery Clr S Procter Clr K Wethered
ORDINARY MEETING MINUTES 12 MARCH 2013
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10.2 APPOINTM ENT OF COMMUN ITY REPRESEN TAT IVES TO S355 C OMMITTEES
10.2 APPOINTMENT OF COMMUNITY REPRESENTATIVES TO S355 COMMITTEES
File No: 86/20, 129/2, 11/10 & 30/1
Attachments: Nil
Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services
Author: Kelly Baldwin - Administration and Facilities Officer
Maitland 2021 Outcome 2: Community and recreation services and facilities
Council Objective: 2.1.2 To promote increased participation in social, sporting and recreational activities
EXECUTIVE SUMMARY This report presents to Council the nominations received for Community representation on Maitland City Councils Section 355 Volunteer Management Groups within the LGA. The Management groups are located at various Community Centres, Walka Water Works, Maitland City Library, Maitland Regional Art Gallery and Maitland Sports & Recreation Advisory Board. These Management Groups require community representatives as per the constitutions with Councillor delegates appointed to each committee. OFFICER’S RECOMMENDATION THAT
1. Council appoint the community representatives listed in this report to the Bruce Street Community Hall, Morpeth Museum, Rutherford Community Centre, Walka Water Works, Friends of Maitland Library, Maitland Regional Art Gallery and Maitland Sports & Recreation Advisory Board.
2. Council acknowledge the valuable contribution that each volunteer provide to the Section 355 Management Groups.
COUNCIL RESOLUTION THAT
1. Council appoint the community representatives listed in this report to the Bruce Street Community Hall, Morpeth Museum, Rutherford Community Centre, Walka Water Works, Friends of Maitland Library, Maitland Regional Art Gallery and Maitland Sports & Recreation Advisory Board.
2. Council acknowledge the valuable contribution that each volunteer provide to the Section 355 Management Groups.
Moved Clr K Wethered, Seconded Clr H Meskauskas
CARRIED
ORDINARY MEETING MINUTES 12 MARCH 2013
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Appear ance and Infras truc tur e R eports
11 APPEARANCE AND INFRASTRUCTURE REPORTS 11.1 Noxi ous Weed Inspection & Enforcement Del egations
11.1 NOXIOUS WEED INSPECTION & ENFORCEMENT DELEGATIONS
File No: 99/3/1 & 40/1
Attachments: Nil
Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure
Author: Ashley Kavanagh - Manager Infrastructure Construction & Maintenance
Maitland 2021 Outcome 8: Managing the environment and natural resources
Council Objective: 8.1.1 To enhance the quality, amenity and integrity of the natural environment
EXECUTIVE SUMMARY Maitland City Council, as the local control authority, has various functions in relation to the control of Noxious Weeds under the Noxious Weeds Act 1993. To enforce the provisions of the Act, the Local Control Authority (LCA) needs to delegate authority and this authority needs to be delegated by resolution of Council specifically to individual staff. The recommendations in this report include appropriate delegations to Council staff. OFFICER’S RECOMMENDATION THAT 1. Council rescind the 13 October 2009 delegations to Council staff.
2. Council, as the local control authority, delegate to David Evans, General Manager, its functions under the Noxious Weeds Act 1993, other than the power to sub-delegate Council’s functions under this Act.
3. Council delegate, to Chris James, Executive Manager Appearance & Infrastructure, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 41 – The authority to appoint an “inspector” in David Evans’ absence.
ii. Section 50 – The authority to issue Certificates of Authority for “inspectors” in David Evans’ absence.
iii. Section 42 – The power to appoint “authorised officers” to exercise some or all of the functions of an inspector in David Evans’ absence.
iv. Section 42, 43 and 44 – The authority to act as an “authorised officer”.
v. Section 45 – The authority to give occupiers notice prior to entry.
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vi. Section 18A – The authority to issue prior notice of “weed control notice”.
vii. Section 18 – The authority to issue a “weed control notice”.
viii. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
ix. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
x. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
xi. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
xii. Section 46 – The power to authorise force for the purpose of gaining entry to any premises in David Evans’ absence.
xiii. Section 47 – The authority to notify an occupier of the use of force for the purpose of gaining entry to any premises.
xiv. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
xv. Section 63 – The authority to issue penalty notices for certain offences.
xvi. Sections 12, 19, 28, 29, 30, 32, 54 and 55 – The authority to initiate prosecutions in David Evans’ absence.
4. Council delegate, to Ashley Kavanagh, Manager Infrastructure Construction & Maintenance, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 42, 43 and 44 – The authority to act as an “authorised officer”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
ORDINARY MEETING MINUTES 12 MARCH 2013
Page (10)
viii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
ix. Section 47 – The authority to notify an occupier of the use of force for the purpose of gaining entry to any premises.
x. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
xi. Section 63 – The authority to issue penalty notices for certain offences.
5. Council delegate, to Brian Worboys, Weed Control Team Leader, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Sections 39, 40, 41, 43 and 44 – The authority to act as an “inspector”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
viii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
ix. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
x. Section 63 – The authority to issue penalty notices for certain offences.
6. Council delegate, to the Brad Shultz, Weeds Officer, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Sections 39, 40, 41, 43 and 44 – The authority to act as an “inspector”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
ORDINARY MEETING MINUTES 12 MARCH 2013
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iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
viii. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
ix. Section 63 – The authority to issue penalty notices for certain offences.
7. Council delegate, to Chris Broadfoot, Weed Control Assistant, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice;
ii. Section 39, 40, 41, 43 and 44 – The authority to act as an ‘inspector’.
COUNCIL RESOLUTION THAT 1. Council rescind the 13 October 2009 delegations to Council staff.
2. Council, as the local control authority, delegate to David Evans, General Manager, its functions under the Noxious Weeds Act 1993, other than the power to sub-delegate Council’s functions under this Act.
3. Council delegate, to Chris James, Executive Manager Appearance & Infrastructure, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 41 – The authority to appoint an “inspector” in David Evans’ absence.
ii. Section 50 – The authority to issue Certificates of Authority for “inspectors” in David Evans’ absence.
iii. Section 42 – The power to appoint “authorised officers” to exercise some or all of the functions of an inspector in David Evans’ absence.
iv. Section 42, 43 and 44 – The authority to act as an “authorised officer”.
v. Section 45 – The authority to give occupiers notice prior to entry.
ORDINARY MEETING MINUTES 12 MARCH 2013
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vi. Section 18A – The authority to issue prior notice of “weed control notice”.
vii. Section 18 – The authority to issue a “weed control notice”.
viii. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
ix. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
x. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
xi. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
xii. Section 46 – The power to authorise force for the purpose of gaining entry to any premises in David Evans’ absence.
xiii. Section 47 – The authority to notify an occupier of the use of force for the purpose of gaining entry to any premises.
xiv. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
xv. Section 63 – The authority to issue penalty notices for certain offences.
xvi. Sections 12, 19, 28, 29, 30, 32, 54 and 55 – The authority to initiate prosecutions in David Evans’ absence.
4. Council delegate, to Ashley Kavanagh, Manager Infrastructure Construction & Maintenance, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 42, 43 and 44 – The authority to act as an “authorised officer”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
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Page (13)
viii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
ix. Section 47 – The authority to notify an occupier of the use of force for the purpose of gaining entry to any premises.
x. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
xi. Section 63 – The authority to issue penalty notices for certain offences.
5. Council delegate, to Brian Worboys, Weed Control Team Leader, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Sections 39, 40, 41, 43 and 44 – The authority to act as an “inspector”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 20(3) – The authority to issue notice of proposed work to control noxious weeds on land subject to a non-compliance of a weed control notice.
viii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
ix. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
x. Section 63 – The authority to issue penalty notices for certain offences.
6. Council delegate, to the Brad Shultz, Weeds Officer, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Sections 39, 40, 41, 43 and 44 – The authority to act as an “inspector”.
ii. Section 45 – The authority to give occupiers notice prior to entry.
ORDINARY MEETING MINUTES 12 MARCH 2013
Page (14)
iii. Section 18A – The authority to issue prior notice of “weed control notice”.
iv. Section 18 – The authority to issue a “weed control notice”.
v. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice.
vi. Section 20(2) – The power to authorise work to control noxious weeds on land subject to a non-compliance of a weed control notice.
vii. Section 36(A) – The authority to impose temporary restrictions to:
a) enable control measures for noxious weeds to be undertaken;
b) protect people and animals from risks to health and safety arising from noxious weed control.
viii. Section 64 – The authority to issue certificates relating to weed control notices, expenses and charges on land.
ix. Section 63 – The authority to issue penalty notices for certain offences.
7. Council delegate, to Chris Broadfoot, Weed Control Assistant, the local control authority powers, duties and responsibilities under the following sections of the Noxious Weeds Act 1993:
i. Section 20(1) – The authority to control noxious weeds on land subject to non-compliance of a weed control notice;
ii. Section 39, 40, 41, 43 and 44 – The authority to act as an ‘inspector’.
Moved Clr A Humphery, Seconded Clr S Procter
CARRIED
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Page 15
11.2 MAITLAND CITY C OUNCIL PART ICIPAT ION IN TH E N EWC ASTLE R OAD FREIGHT AD VISORY GR OUP
11.2 MAITLAND CITY COUNCIL PARTICIPATION IN THE NEWCASTLE ROAD FREIGHT ADVISORY GROUP
File No: 140/5
Attachments: Nil
Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Stephen Hawes - Manager Infrastructure Planning and Development Engineering
Author: Scott Henderson - Infrastructure Planning Engineer
Maitland 2021 Outcome 11: Our transport and telecommunications infrastructure
Council Objective: 11.1.1 To ensure contemporary infrastructure is available to support the economic growth of our city through investigation, planning, advocacy and delivery
EXECUTIVE SUMMARY Newcastle Road Freight Advisory Group is seeking confirmation of its representatives in the Group for 2013.
The Newcastle Road Freight Advisory Group is a consultative group consisting of representatives from the road freight industry, police, councils and Roads and Maritime Services. Its purpose is to provide liaison between the Road Freight Industry and government agencies on road freight issues.
The Group has regular meetings in Newcastle and surrounding areas, and is well supported by industry and local councils. Council’s representation in the Group consists of a councillor and a council transportation officer from each council.
OFFICER’S RECOMMENDATION THAT Council continue to participate in the Newcastle Road Freight Group and nominate a Councillor representative for the group. COUNCIL RESOLUTION THAT Council continue to participate in the Newcastle Road Freight Group and Councillor Geoghegan be nominated as a representative for the group. Moved Clr L Baker, Seconded Clr S Procter
CARRIED
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Corporate Ser vices Reports
12 CORPORATE SERVICES REPORTS 12.1 Draft C emeter y Str ategy
12.1 DRAFT CEMETERY STRATEGY
File No: 26/1
Attachments: 1. Draft Cemetery Strategy (Under Separate Cover)
Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services
Author: Teressa Chadwick - Coordinator Information & Business Services
Maitland 2021 Outcome 19: A Council for now and future generations
Council Objective: 19.3.2 To ensure workplace systems and processes are efficient and effective
EXECUTIVE SUMMARY As part of Council’s commitment to ensure effective service provision and management of Council’s Cemeteries, Lantz Marshall have been engaged to undertake a review of Council’s service provision and management of its cemeteries to ensure that it is in keeping with community expectations and legislative requirements. The review of Councils cemetery management and service provision, coupled with research into best practice, has seen the development of a Cemetery Strategy aimed at assisting the organisation to implement contemporary cemetery management practices. OFFICER’S Recommendation THAT
1. The Cemetery Strategy be endorsed and supported by Council
2. The Cemetery Strategy be exhibited for public comment for a period of
28 days.
3. A further report be presented to Council for the adoption of the
Cemetery Strategy at the conclusion of the exhibition period.
COUNCIL RESOLUTION OFFICER’S Recommendation THAT
1. The Cemetery Strategy be endorsed and supported by Council
2. The Cemetery Strategy be exhibited for public comment for a period of
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Page (17)
28 days.
3. A further report be presented to Council for the adoption of the
Cemetery Strategy at the conclusion of the exhibition period.
Moved Clr K Wethered, Seconded Clr B Geoghegan
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13 CORPORATE PLANNING AND ENGAGEMENT REPORTS
Nil
14 STRATEGIC PROJECTS REPORTS
Nil
15 PEOPLE AND PERFORMANCE REPORTS
Nil
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Items for Informati on
16 ITEMS FOR INFORMATION 16.1 Councillor Motions
16.1 COUNCILLOR MOTIONS
File No: 35/61
Attachments: Nil
Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services
Author: Nicole Kelly - Team Leader Information Services
Maitland 2021 Outcome 18: An efficient and effective Council
Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable
EXECUTIVE SUMMARY The following report details the current status of Councillor motions which are currently being actioned by Council Officers. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. COUNCIL RESOLUTION THAT the information contained in this Report be noted. Moved Clr A Humphery, Seconded Clr B Whiting
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16.2 Inves tigati on into the R elocation of Aboveground Power to U nderground - Hig h Street, Maitl and
16.2 INVESTIGATION INTO THE RELOCATION OF ABOVEGROUND POWER TO UNDERGROUND - HIGH STREET, MAITLAND
File No: 222/273
Attachments: 1. Ausgrid Policy - Network Asset Relocation & Undergrounding Policy Guidelines
Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure
Author: Stephen Hawes - Manager Infrastructure Planning and Development Engineering
Maitland 2021 Outcome 4: Well-planned and integrated infrastructure
Council Objective: 4.2.2 To ensure that public utility infrastructure is delivered to meet essential needs
EXECUTIVE SUMMARY An investigation carried out by Council indicates the whole cost of relocating the aboveground power lines in High Street, Maitland to underground would have to be borne by Council.
A strategic estimate prepared by Council from information from Ausgrid and other Councils, puts the cost to relocate the power to underground at between $6M - $8M.
Consultants undertaking the High Street Master Plan investigation have not seen the existence of power poles in the main street as being detrimental to the streetscape and have not included the removal in their preliminary assessment and vision for High Street.
Accordingly, there appears to be no pressing need, at this stage, to commit funds to the relocation of the power lines from aboveground to underground in High Street, Maitland.
OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. COUNCIL RESOLUTION THAT the information contained in this Report be noted. Moved Clr L Baker, Seconded Clr B Burke
CARRIED
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16.3 Local Government Associati on of N SW
16.3 LOCAL GOVERNMENT ASSOCIATION OF NSW
File No: 32/8
Attachments: Nil
Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services
Author: Mairead Quinn - Executive Assistant
Maitland 2021 Outcome 18: An efficient and effective Council
Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable
EXECUTIVE SUMMARY Council has been notified that all legal formalities have been completed to form the new One Association to represent the combined Local Government Association of NSW and the Shires Association of NSW. The One Association came into being on the 01 March 2013. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. COUNCIL RESOLUTION THAT the information contained in this Report be noted. Moved Clr N Penfold, Seconded Clr B Whiting
CARRIED
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16.4 Local Government Amendment ( Earl y Inter vention) Bill 2013
16.4 LOCAL GOVERNMENT AMENDMENT (EARLY INTERVENTION) BILL 2013
File No: 35/31/1
Attachments: 1. Media Release
Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services
Author: Graeme Tolhurst - Executive Manager Corporate Services
Maitland 2021 Outcome 18: An efficient and effective Council
Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable
EXECUTIVE SUMMARY Council has received notice that the Local Government Amendment (Early Intervention) Bill 2013 was introduced into the Legislative Assembly on 26 February 2013. If passed, this Bill will give the Minister stronger information gathering powers to identify dysfunctional councils and allow the Minister to issue a ‘Performance Improvement Order’ (PIO). If the PIO is not adhered to, the Minister then has the power to suspend that council for up to three months, with a possible extension of a further three months. A key change is that councils will now be accountable to the Minister, as well as residents and ratepayers. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. COUNCIL RESOLUTION THAT the information contained in this Report be noted. Moved Clr S Procter, Seconded Clr K Wethered
CARRIED
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16.5 ELECTR ONIC CAR PARK OCCU PANC Y IND ICATORS IN C ENTR AL MAITLAND - STATU S U PD ATE
16.5 ELECTRONIC CAR PARK OCCUPANCY INDICATORS IN CENTRAL MAITLAND - STATUS UPDATE
File No: 103/4
Attachments: Nil
Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure
Author: Stephen Hawes - Manager Infrastructure Planning and Development Engineering
Maitland 2021 Outcome 15: Central Maitland, vibrant heart of our City
Council Objective: 15.1.1 To improve visitor experience and movement throughout Central Maitland
EXECUTIVE SUMMARY A motion was moved at Council’s meeting of 10 April 2012 for Council to instigate moves to have selected car parks in Central Maitland display electronic vacancy numbers and discuss the advantage of real time indicators to their business. Council officers have contacted a number of Maitland business owners and this report is to inform Council on the progress of these communications. OFFICER’S RECOMMENDATION THAT the information contained in this Report be noted. COUNCIL RESOLUTION THAT the information contained in this Report be noted. Moved Clr A Humphery, Seconded Clr B Whiting
CARRIED
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17 NOTICES OF MOTION/RESCISSION
Nil
18 QUESTIONS WITH NOTICE
Nil Urgent Business ( 19.1) Upgrade of C essnock R oad to reduce floodi ng
19 URGENT BUSINESS
19.1 UPGRADE OF CESSNOCK ROAD TO REDUCE FLOODING - FILE NO 222/361
COUNCIL RESOLUTION
THAT 1. Council write to the RMS requesting that they urgently consider upgrading Cessnock Road to reduce the impact of flooding resulting in the closure of the road for extended periods. Council ask that they consider:- a the function of Cessnock Road as a key connection between the F3 extension and Maitland. b. the frequency of flooding events. c. the proposed increased population of the North, Central and Western areas of Maitland, Cliftleigh and Heddon Greta. d. the safety implications of the traffic levels expected to use Cessnock road when the F3 extension opens, instead using Louth Park Road if Cessnock Road is closed. e. the likelihood of Buchanan Road, Wollombi Road, and Allandale Road also being closed in a medium flood event. 2. A copy of the letter be sent to:- a. Minister for Road; b. Member for Maitland; c. Member for Cessnock Moved Clr B Geoghegan, Seconded Clr K Wethered
CARRIED Urgent Business ( 19.2) Raisi ng the appr oach to D unmore Bridg e
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19.2 RAISING THE APPROACH TO DUNMORE BRIDGE - FILE NO 222/451
Clr Arch Humphery enquired about the following:- The southern approach to the Dunmore Bridge is the lowest point on Paterson Road that prevents residents and emergency vehicles direct access to Maitland. The road was closed for five days. A large quantity of ballast and gravel is situated at the Dunmore Bridge site used for hard standing during reconstruction. Would it be feasible and/or cost effective to use that material to raise the road?
COUNCIL RESOLUTION
THAT a report be brought back to Council on the issues relating to the approach to Dunmore bridge Moved Clr A Humphery, Seconded Clr B Geoghegan
CARRIED Urgent Business ( 19.3) NSW Fir e Brigades
19.3 NSW FIRE BRIGADES - FILE NO 20/1, 20/4, 20/24, & 20/27
Clr Henry Meskauskas enquired about an incident at Aberglasslyn, apparently there was some confusion as to whether it was a RFS or NSW Fire Brigade responsibility. Does Council notify NSWFB of new subdivisions and how frequently, or whether they are responsible for keeping track of urban growth. General Manager to investigate with Fire Service and report.
COUNCIL RESOLUTION
THAT a report be brought back to Council on the jurisdictions for the NSW Fire Brigade and the NSW Rural Fire Service Moved Clr H Meskauskas, Seconded Clr P Penfold
CARRIED
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20 CLOSURE
The meeting was declared closed at 6.17pm. ................................ ................................ General Manager Chairperson