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ORDINARY MEETING MINUTES 12 NOVEMBER 2013 MAITLAND CITY COUNCIL

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Page 1: ORDINARY MEETING MINUTES docume… · 12/11/2013  · THAT . 1. Pursuant to s55 of the Environmental Planning and Assessment Act 1979, Council prepares a planning proposal to rezone

ORDINARY MEETING

MINUTES

12 NOVEMBER 2013

MAITLAND CITY COUNCIL

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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 ....................................................................................... 2 

NIL .................................................................................................................. 2 

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

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

9  GENERAL MANAGER'S REPORTS ............................................................. 2 

NIL .................................................................................................................. 2 

10  PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS ......................... 3 

10.1  PLANNING PROPOSAL TO REZONE LAND AT RYANS ROAD, GILLIESTON HEIGHTS ......................................................... 3 

10.2  REVIEW OF B6 ENTERPRISE CORRIDOR ZONE AND MELBOURNE STREET ..................................................................... 5 

10.3  POST-EXHIBITION REPORT - HOUSEKEEPING LEP 2012 ........... 7 10.4  LARGS SKATE PARK - OUTCOMES FROM COMMUNITY

MEETING .......................................................................................... 9 

11  APPEARANCE AND INFRASTRUCTURE REPORTS................................ 10 

11.1  FREEDOM OF ENTRY MARCH AND CEREMONY - TRAFFIC MANAGEMENT PLAN ..................................................................... 10 

12  CORPORATE SERVICES REPORTS ......................................................... 12 

12.1  RESCINDING OF COUNCIL POLICIES .......................................... 12 12.2  REVIEW OF COUNCIL POLICIES .................................................. 13 

13  CORPORATE PLANNING AND ENGAGEMENT REPORTS ..................... 14 

13.1  PROGRESSING DELIVERY PROGRAM 2013-17 - SIX MONTHLY REPORT ....................................................................... 14 

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14  STRATEGIC PROJECTS REPORTS .......................................................... 16 

NIL ................................................................................................................ 16 

15  PEOPLE AND PERFORMANCE REPORTS ............................................... 17 

15.1  ASBESTOS POLICY ....................................................................... 17 

16  ITEMS FOR INFORMATION ........................................................................ 18 

16.1  CODE OF CONDUCT COMPLAINT REPORTING .......................... 18 16.2  LOCAL TRAFFIC COMMITTEE MEETING OCTOBER 2013

MINUTES ......................................................................................... 19 16.3  COUNCILLOR MOTIONS ................................................................ 20 16.4  INTERNATIONAL DAY OF PEOPLE WITH DISABILITY ................ 21 

17  NOTICES OF MOTION/RESCISSION ......................................................... 22 

NIL ................................................................................................................ 22 

18  QUESTIONS WITH NOTICE ........................................................................ 22 

NIL ................................................................................................................ 22 

19  URGENT BUSINESS ................................................................................... 22 

NIL ................................................................................................................ 22 

20  COMMITTEE OF THE WHOLE .................................................................... 23 

20.1  EXPRESSIONS OF INTEREST - HEAD CONSTRUCTION CONTRACT FOR THE LEVEE PROJECT ...................................... 23 

20.2  CLAIM FOR COMPENSATION FOR AFFECTATION TO A PROPERTY DUE TO A COUNCIL ASSET ..................................... 24 

20.3  EALES FAMILY CEMETERY BERRY PARK................................... 25 

21  CLOSURE .................................................................................................... 28 

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PRESENT

Clr Robert Aitchison Clr Loretta Baker Clr Peter Blackmore Clr Brian Burke Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Henry Meskauskas Clr Nicole Penfold Clr Steve Procter Clr Ken Wethered Clr Ben Whiting

1 INVOCATION

Acting General Manager Bernie Mortomore read the customary prayer at the commencement of the meeting.

Apologies Ordinary Meeting

2 APOLOGIES AND LEAVE OF ABSENCE - 22/10/2013

COUNCIL RESOLUTION

THAT the apologies received from Clr Penfold be accepted. Moved Clr S Procter, Seconded Clr K Wethered

CARRIED 3 DECLARATIONS OF INTEREST

Nil

Confirmation of Minutes Ord

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING inary Meeting - 22/10/2013

COUNCIL RESOLUTION

THAT the minutes of the Ordinary Meeting held 22 October 2013 be confirmed. Moved Clr R Aitchison, Seconded Clr B Whiting

CARRIED 5 BUSINESS ARISING FROM MINUTES

Nil

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6 MAYORAL MINUTE

Nil

7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Nil

8 PUBLIC ACCESS

Nil

9 GENERAL MANAGER'S REPORTS

Nil

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Planning, Environment and Lifestyle Reports

10 PLANNING, ENVIRONMENT AND LIFESTYLE REPORTS 10.1 Planning proposal to rezone land at Ryans Road, Gillies

10.1 PLANNING PROPOSAL TO REZONE LAND AT RYANS ROAD, GILLIESTON HEIGHTS

ton Heights

File No: RZ13/001

Attachments: 1. Locality Plan 2. Planning Proposal

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth

Author: Rob Corken - Strategic Town Planner

Maitland +10 Outcome 7. Diverse and affordable housing

Council Objective: 7.2.1 To ensure land and housing choice is consistent with forecast demographic demand

EXECUTIVE SUMMARY Lot 1 DP1119043 and Lots 17 and 18 DP263196 Ryans Road, Gillieston Heights are within the Gillieston Heights Stage 3 Investigation Area as identified in the Maitland Urban Settlement Strategy 2012. The eastern part of the lots is identified as Category 1. Council has received a request from the landowners of Lot 1 DP1119043 to prepare a planning proposal to investigate the suitability of the site (in part) for residential purposes. A locality plan is appended to this report as attachment 1. A resolution of Council is required to initiate the planning proposal process. This is the purpose of this report. The next steps are to submit a planning proposal to the Department of Planning and Infrastructure for a Gateway Determination and on receipt of the determination, fulfil any requirements and undertake public consultation. OFFICER’S RECOMMENDATION THAT

1. Pursuant to s55 of the Environmental Planning and Assessment Act 1979, Council prepares a planning proposal to rezone land (in part) at Ryans Road, Gillieston Heights and described as Lot 1 DP1119043 and Lots 17 and 18 DP263196 from RU2 Rural Landscape to R1 General Residential.

2. On receipt of the Gateway Determination, exhibit the planning proposal in accordance with the consultation requirements.

3. A report is brought back to Council outlining submissions received during the exhibition period.

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COUNCIL RESOLUTION THAT

1. Pursuant to s55 of the Environmental Planning and Assessment Act 1979, Council prepares a planning proposal to rezone land (in part) at Ryans Road, Gillieston Heights and described as Lot 1 DP1119043 and Lots 17 and 18 DP263196 from RU2 Rural Landscape to R1 General Residential.

2. On receipt of the Gateway Determination, exhibit the planning proposal in accordance with the consultation requirements.

3. A report is brought back to Council outlining submissions received during the exhibition period.

Moved Clr A Humphery, Seconded Clr B Burke

CARRIED

The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 12 for and 0 against, as follows: For: Clr R Aitchison Against: Clr L Baker Clr P Blackmore Clr B Burke Clr P Garnham Clr B Geoghegan Clr A Humphery Clr H Meskauskas Clr N Penfold Clr S Procter Clr K Wethered Clr B Whiting

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10.2 Review of B6 Enterprise Corridor Zone and Melbourne S

10.2 REVIEW OF B6 ENTERPRISE CORRIDOR ZONE AND MELBOURNE STREET

treet

File No: 103/155

Attachments: 1. Planning Proposal

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth

Author: Rob Corken - Strategic Town Planner

Maitland +10 Outcome 11. Our transport and telecommunications infrastructure

Council Objective: 11.2.1 To connect land use and transport decisions that affect employment areas

Previous Items: 10.8 - Review of B6 Enterprise Corridor Zone and Melbourne Street - Ordinary Council - 13 August 2013

EXECUTIVE SUMMARY Council resolved at its meeting on 13 August 2013 to prepare a planning proposal to rezone the Melbourne Street precinct from B6 Enterprise Corridor to B4 Mixed Use. The planning proposal has been exhibited in accordance with the Gateway Determination. One (1) submission in support of the proposal was received during the exhibition period and the Roads and Maritime Services did not object. It is now proposed to request that the Minister make the local environmental plan pursuant to s59 of the Environmental Planning and Assessment Act 1979. OFFICER’S RECOMMENDATION THAT 1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979

Council request that the Minister make the local environmental plan.

COUNCIL RESOLUTION THAT 1. Pursuant to s59 of the Environmental Planning and Assessment Act 1979

Council request that the Minister make the local environmental plan.

Moved Clr P Garnham, Seconded Clr B Geoghegan

CARRIED

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The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 12 for and 0 against, as follows: For: Clr R Aitchison Against: Clr L Baker Clr P Blackmore Clr B Burke Clr P Garnham Clr B Geoghegan Clr A Humphery Clr H Meskauskas Clr N Penfold Clr S Procter Clr K Wethered Clr B Whiting

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10.3 Post-exhibition Report - Housekeeping LEP 2012

10.3 POST-EXHIBITION REPORT - HOUSEKEEPING LEP 2012

File No: 103/149

Attachments: 1. Planning Proposal 2. Gateway Determination 3. Submissions & Response to Submissions

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Ian Shillington - Manager Urban Growth

Author: Josh Ford - Strategic Town Planner

Maitland +10 Outcome 7. Diverse and affordable housing

Council Objective: 7.2.1 To ensure land and housing choice is consistent with forecast demographic demand

EXECUTIVE SUMMARY On 11 June 2013 Council resolved to submit a planning proposal to the Department of Planning and Infrastructure, seeking an amendment to the Maitland LEP 2011. The draft Local Environmental Plan (LEP), known as the Housekeeping LEP 2012, was prepared in order to rectify the noted anomalies contained within the current Maitland Local Environmental Plan 2011 (MLEP 2011). The Department of Planning made a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. The Gateway Determination stated that the planning proposal was to be exhibited for a minimum period of fourteen (14) days, in accordance with the provisions of Section 57 of the Environmental Planning and Assessment Act, 1979.The Council resolution from 11 June 2013 stated that a further report would be presented to Council following the public consultation process. Following that particular report being presented to Council on 10 September 2013, re-exhibition of the plan was undertaken for a period of 14 days, given consideration to the submissions received, the need to amend some existing items in the draft LEP, and the need to add some other items of minor significance to the draft LEP. The planning proposal (as exhibited and re-exhibited) is included in this report under Attachment 1. This report has the purpose of summarising and providing a response to all of the submissions received during both rounds of the public consultation process. OFFICER’S RECOMMENDATION THAT 1. In accordance with Section 57 & 58 of the Environmental Planning and

Assessment Act 1979, Council note the submissions received during the exhibition and re-exhibition periods, and the responses to those submissions.

2. Council note the changes that were made to the proposed LEP

amendment following the initial exhibition period and note that no further changes were made following the re-exhibition period.

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3. In accordance with section 59 of the Environmental Planning &

Assessment Act 1979, Council submit the planning proposal to the Department of Planning & Infrastructure requesting that the Minister make the LEP.

COUNCIL RESOLUTION THAT 1. In accordance with Section 57 & 58 of the Environmental Planning and

Assessment Act 1979, Council note the submissions received during the exhibition and re-exhibition periods, and the responses to those submissions.

2. Council note the changes that were made to the proposed LEP

amendment following the initial exhibition period and note that no further changes were made following the re-exhibition period.

3. In accordance with section 59 of the Environmental Planning &

Assessment Act 1979, Council submit the planning proposal to the Department of Planning & Infrastructure requesting that the Minister make the LEP.

Moved Clr P Garnham, Seconded Clr K Wethered

CARRIED The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a division. The division resulted in 12 for and 0 against, as follows: For: Clr R Aitchison Against: Clr L Baker Clr P Blackmore Clr B Burke Clr P Garnham Clr B Geoghegan Clr A Humphery Clr H Meskauskas Clr N Penfold Clr S Procter Clr K Wethered Clr B Whiting

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10.4 Largs Skate Park - Outcomes from Community Meeting

10.4 LARGS SKATE PARK - OUTCOMES FROM COMMUNITY MEETING

File No: 129/2

Attachments: 1. Petition

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services

Author: Kate Harris - Recreation Planning Coordinator

Maitland +10 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 Council received a community petition regarding the condition of the skatepark at Largs requesting improvements be made. Council has now consulted with the head petitioner (via a site meeting) and the purpose of this report is to advise of the actions that developed from this meeting. OFFICER’S RECOMMENDATION THAT 1. Following the completion of a Tennis Facility Strategy for the Maitland

area, a Masterplan for the Largs Skatepark site and surrounding areas (including tennis area) be developed.

COUNCIL RESOLUTION THAT 1. Following the completion of a Tennis Facility Strategy for the Maitland

area, a Masterplan for the Largs Skatepark site and surrounding areas (including tennis area) be developed.

Moved Clr B Whiting, Seconded Clr L Baker

CARRIED

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Appearance and Infrastructure Reports

11 APPEARANCE AND INFRASTRUCTURE REPORTS 11.1 Freedom of Entry March and Ceremony - Traffic Manage

11.1 FREEDOM OF ENTRY MARCH AND CEREMONY - TRAFFIC MANAGEMENT PLAN

ment Plan

File No: 140/5

Attachments: 1. Traffic Management Plan 2. Traffic Control Plan

Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Craig Parsons - Acting Manager Infrastructure Planning and Development Engineering Scott Henderson - Infrastructure Planning Engineer

Author: Kenneth Splatt - Traffic Officer

Maitland +10 Outcome 1. Sense of place and pride

Council Objective: 1.1.2 To enhance and promote the city’s rich heritage

EXECUTIVE SUMMARY Following a decision of Council at its meeting of 29 January 2013, a Freedom of Entry Ceremony will take place on Saturday 16 November 2013 for the Australian Air Force Cadets (AAFC) of 308 (City of Maitland) Squadron. This will involve a street march under police escort along High Street, Maitland from Bourke Street to the Town Hall where the ceremony will take place. Traffic detours and temporary street closure of a section of High Street and intersecting streets will be implemented during this event. OFFICER’S RECOMMENDATION That Council approve the following temporary road and lane closures associated with the Freedom of Entry Ceremony in Maitland on Saturday 16 November 2013 from 9.30 am to 12.00 noon: a) High Street - temporary closure from Victoria Street / Hunter Street intersection to James Street; b) Victoria Street - temporary closure of northbound lane from Nicholson Street to High Street. Traffic control, as detailed in the attached Transport Management Plan and Traffic Control Plan, includes details of rolling closure under police escort on High Street from Bourke Street to the Hunter Street / Victoria Street intersection. COUNCIL RESOLUTION That Council approve the following temporary road and lane closures associated with the Freedom of Entry Ceremony in Maitland on Saturday 16

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November 2013 from 9.30 am to 12.00 noon: a) High Street - temporary closure from Victoria Street / Hunter Street intersection to James Street; b) Victoria Street - temporary closure of northbound lane from Nicholson Street to High Street. Traffic control, as detailed in the attached Transport Management Plan and Traffic Control Plan, includes details of rolling closure under police escort on High Street from Bourke Street to the Hunter Street / Victoria Street intersection. Moved Clr B Geoghegan, Seconded Clr H Meskauskas

CARRIED

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Corporate Services Reports

12 CORPORATE SERVICES REPORTS 12.1 Rescinding of Council Policies

12.1 RESCINDING OF COUNCIL POLICIES

File No: 130/1

Attachments: 1. Policies to be Rescinded

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Sharlone Graham - Governance Officer

Maitland +10 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 A review of Council’s existing policies has been undertaken to ensure that the policies are consistent with current legislation and Council practice. A number of policies have been identified as being no longer required for various reasons and these are recommended to be rescinded. OFFICER’S RECOMMENDATION THAT the policies contained in Attachment No. 1 be rescinded. COUNCIL RESOLUTION THAT the policies contained in Attachment No. 1 be rescinded. Moved Clr K Wethered, Seconded Clr B Geoghegan

CARRIED

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12.2 Review of Council Policies

12.2 REVIEW OF COUNCIL POLICIES

File No: 130/1

Attachments: 1. Existing Version of Policies to be Rescinded 2. Amended Version of Policies to be Adopted

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Sharlone Graham - Governance Officer

Maitland +10 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 A review of Council’s Policy Register has been undertaken to ensure that all policies are consistent with current legislation and Council practice. A number of these policies were identified as requiring review. These revised policies are presented to Council for adoption. OFFICER’S RECOMMENDATION THAT 1. Council rescind the existing versions of the policies in Attachment 1.

2. Council adopt the amended versions of the policies in Attachment 2.

COUNCIL RESOLUTION THAT 1. Council rescind the existing versions of the policies in Attachment 1.

2. Council adopt the amended versions of the policies in Attachment 2.

Moved Clr P Garnham, Seconded Clr N Penfold

CARRIED

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Corporate Planning and Engagement Reports

13 CORPORATE PLANNING AND ENGAGEMENT REPORTS

13.1 Progressing Delivery Program 2013-17 - Six Monthly Report

13.1 PROGRESSING DELIVERY PROGRAM 2013-17 - SIX MONTHLY REPORT

File No: 35/33/18

Attachments: 1. On The Move - Progressing Delivery Program 2013-17

Responsible Officer: Leah Flint - Executive Manager Corporate Planning and Engagement

Author: Rhonda Skelton - Coordinator Organisational Integration & Performance

Maitland +10 Outcome 18. An efficient and effective Council

Council Objective: 18.1.1 To ensure Council’s integrated planning and reporting meets expectations of the community, Council and the NSW State Government

EXECUTIVE SUMMARY As part of its continued commitment to reporting in a contemporary and meaningful way, Council generates a magazine-style publication every six months to disseminate across the City. The latest edition highlights work toward progressing the goals outlined in the 2013-2017 Delivery Program, and gives information on the progress, achievements and challenges for the six months from April 2013- September 2013. The report On the Move – Progressing Delivery Program 2013-17 Issue 5 edition, also reflects Council’s new branding strategy, providing vibrancy and completing alignment of our suite of corporate reporting documents. Council reviewed and adopted a revised Community Strategic Plan, Maitland+10, and the new four year Delivery Program 2013-17, after a period of public exhibition in June 2013. As such, this six monthly report bridges and reports from both the end of one delivery program and the beginning of another. The timing of the review and adoption was in compliance with the Integrated Planning and Reporting (IP&R) framework following the election of a new Council. As the Community had only two years prior collaborated and endorsed the goals and themes of Maitland’s initial Community Strategic Plan, Maitland 2021, no significant changes, apart from extending the life of the plan, were made. The Maitland community indicated approval of the direction of the original plans. This six monthly report provides details of the achievements spanning both periods.

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OFFICER’S RECOMMENDATION THAT

1. Council endorse the attached progress report on the Delivery Program 2013-2017, On the Move – Progressing Delivery Program 2013-17, with the report be made available to the community on-line and in hard copy through Council facilities and activities.

PROCEEDINGS IN BRIEF A motion was moved as follows: (Clr B Geoghegan / Clr S Proctor) THAT

1. Council endorse the attached progress report on the Delivery Program 2013-2017, On the Move – Progressing Delivery Program 2013-17, with the report be made available to the community on-line and in hard copy through Council facilities and activities.

2. A further report be brought to Council outlining options for increased promotion and community awareness of Council’s performance in meeting the objectives of its Delivery Program

3. This and future editions of ‘On the Move’ promote projects funded by the 2011/2012 Special Rate Variation.

The motion when put to the meeting was declared carried.

COUNCIL RESOLUTION THAT

1. Council endorse the attached progress report on the Delivery Program 2013-2017, On the Move – Progressing Delivery Program 2013-17, with the report be made available to the community on-line and in hard copy through Council facilities and activities.

2. A further report be brought to Council outlining options for increased promotion and community awareness of Council’s performance in meeting the objectives of its Delivery Program

3. This and future editions of ‘On the Move’ promote projects funded by the 2011/2012 Special Rate Variation.

Moved Clr B Geoghegan, Seconded Clr S Procter

CARRIED

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14 STRATEGIC PROJECTS REPORTS

Nil

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People and Performance Reports

15 PEOPLE AND PERFORMANCE REPORTS 15.1 Asbestos Policy

15.1 ASBESTOS POLICY

File No: 130/67/1

Attachments: 1. Asbestos Policy

Responsible Officer: Clare Dunnicliff - Executive Manager People and Performance

Author: Phillip Giakoumatos - Coordinator Work Health & Safety

Maitland +10 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 This report contains general outline on the Model Asbestos Policy for NSW Councils released by the Division of Local Government Department of Premier and Cabinet. This document was reviewed by representatives from the following departments Appearance & Infrastructure (Assets), Development & Environment, and People & Performance in consultation with relevant Council staff. This Model Policy was amended to reflect Maitland City Council’s requirements. OFFICER’S RECOMMENDATION THAT 1. Council adopt the Model Asbestos Policy with a review to be undertaken

on the policy twelve months after implementation to assist in determining further adjustments that may be required.

COUNCIL RESOLUTION THAT 1. Council adopt the Model Asbestos Policy with a review to be undertaken

on the policy twelve months after implementation to assist in determining further adjustments that may be required.

Moved Clr H Meskauskas, Seconded Clr R Aitchison

CARRIED

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Items for Information

16 ITEMS FOR INFORMATION 16.1 Code of Conduct Complaint Reporting

16.1 CODE OF CONDUCT COMPLAINT REPORTING

File No: 35/47

Attachments: Nil

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Sharlone Graham - Governance Officer

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 In accordance with clause 12.1 of Council’s Code of Conduct this information report is to inform Council of the number, nature and outcome of any Code of Conduct complaints received by Council for the reporting period 01 September 2012 – 31 August 2013. It should be noted that there were no code of conduct complaints received by Council for this reporting period. 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 R Aitchison, Seconded Clr B Whiting

CARRIED

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16.2 Local Traffic Committee Meeting October 2013 Minutes

16.2 LOCAL TRAFFIC COMMITTEE MEETING OCTOBER 2013 MINUTES

File No: 140/5

Attachments: 1. Local Traffic Committee Meeting October 2013 Minutes

Responsible Officer: Chris James - Executive Manager Appearance and Infrastructure Craig Parsons - Acting Manager Infrastructure Planning and Development Engineering Scott Henderson - Infrastructure Planning Engineer

Author: Kenneth Splatt - Traffic Officer

Maitland +10 Outcome 5. Moving around our City

Council Objective: 5.1.3 To provide safe and effective transport infrastructure

EXECUTIVE SUMMARY The minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday 3 October 2013 are attached for Council’s information. 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 B Geoghegan, Seconded Clr B Burke

CARRIED

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16.3 Councillor Motions

16.3 COUNCILLOR MOTIONS

File No: 35/61

Attachments: Nil

Responsible Officer: Graeme Tolhurst - Executive Manager Corporate Services

Author: Amanda Hillman - Officer Governance

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 P Garnham

CARRIED

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16.4 International Day of People with Disability

16.4 INTERNATIONAL DAY OF PEOPLE WITH DISABILITY

File No: 29/19

Attachments: Nil

Responsible Officer: Bernie Mortomore - Executive Manager Planning, Environment and Lifestyle Lynn Morton - Manager Community and Recreation Services Mary Dallow - Community Planning Coordinator

Author: John Roberts - Community Planner

Maitland +10 Outcome 1. Sense of place and pride

Council Objective: 1.4.1 To establish and maintain a city environment where people feel safe and connected

EXECUTIVE SUMMARY International day of People with Disabilities will be held on 3 December 2013. Council in partnership with community organisations will hold a performance and expo event. 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 B Whiting, Seconded Clr N Penfold

CARRIED

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17 NOTICES OF MOTION/RESCISSION

Nil

18 QUESTIONS WITH NOTICE

Nil

19 URGENT BUSINESS

Nil

Council moved into Committee of the Whole at 5.48pm Moved Clr B Whiting, Seconded Clr B Burke

CARRIED Council moved into Closed Session of Committee of the Whole at 5.48pm Moved Clr R Aitchison, Seconded Clr N Penfold

CARRIED

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Committee of the Whole

20 COMMITTEE OF THE WHOLE 20.1 EXPRESSIONS OF INTEREST - HEAD CONSTRUCTIO R THE LEVEE PROJECT

20.1 EXPRESSIONS OF INTEREST - HEAD CONSTRUCTION CONTRACT FOR THE LEVEE PROJECT

N CONTRACT FO

File No: 137/1/87

Attachments: Nil

Responsible Officer: Wayne Cone - Executive Manager Strategic Projects

Author: Greg Blaze - Civil Engineering Project Manager

Maitland +10 Outcome 15. Central Maitland, vibrant heart of our City

Council Objective: 15.2.1 To contribute to the establishment of ‘The Levee’ as a lifestyle precinct

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

EXECUTIVE SUMMARY Council called for Expressions of Interest (EOI’s) for the construction contract for the Levee Project Component 1: High Street Maitland Shared Zone. A tender Evaluation Panel has assessed all submissions in accordance with a tender Evaluation Plan and proposes a shortlist of respondents to be invited to tender as recommended in this report. OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

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

COUNCIL RESOLUTION THAT The following Expression of Interest (EOI) respondents be invited to tender for the construction contract for the Levee Project Component 1.

1. Ford Civil Pty Ltd 2. Landscape Solutions 3. Urban Contractors Pty Ltd 4. Lahey Constructions

Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

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20.2 Claim for Compensation for Affectation to a Property due t

20.2 CLAIM FOR COMPENSATION FOR AFFECTATION TO A PROPERTY DUE TO A COUNCIL ASSET

to a Council Asse

File No: P16550

Attachments: 1. Location Plan 2. Drainage Plan

Responsible Officer: Jon Dundas - Manager Administration and IT Graeme Tolhurst - Executive Manager Corporate Services

Author: Frank Shrimpton - Coordinator Professional Services

Maitland +10 Outcome 4. Well-planned and integrated infrastructure

Council Objective: 4.2.2 To ensure that public utility infrastructure is delivered to meet essential needs

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

EXECUTIVE SUMMARY Council has received a request for payment of compensation in regard to the diminished use of land due to the location of a Council owned asset.

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

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

COUNCIL RESOLUTION

THAT

1. Payment of Compensation is approved as per the recommendations of this report.

2. The General Manager be authorised to complete the Contract of Sale and to sign relevant documents on behalf of Council.

3. The Common Seal of Council to be affixed to transfer documents if required.

4. That funds required for the compensation be voted to the 2013/2014 operational budget.

Moved Clr P Garnham, Seconded Clr B Whiting

CARRIED

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20.3 EALES FAMILY CEMETERY BERRY PARK

20.3 EALES FAMILY CEMETERY BERRY PARK

File No: P45098

Attachments: 1. Location Plan

Responsible Officer: Jon Dundas - Manager Administration and IT Graeme Tolhurst - Executive Manager Corporate Services

Author: Frank Shrimpton - Coordinator Professional Services

Maitland +10 Outcome 19. A Council for now and future generations

Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

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

EXECUTIVE SUMMARY Council has previously determined an action plan for the long term sustainability of the private burial ground created by the Eales Family at Berry Park. This report provides details of the progress of the plan and seeks resolution of final matters which were directed to be reported back to Council. OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

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

COUNCIL RESOLUTION THAT 1. Council adopt the recommendation of this report and confirm that the

Contract price for the sale of the land to Hilton and Clare Beverley Grugeon will be $1,010.

Moved Clr S Procter, Seconded Clr A Humphery

CARRIED

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Council resumed into Open Session at 6.00 pm Moved Clr A Humphery, Seconded Clr B Geoghegan

CARRIED RECOMMENDATIONS FROM COMMITTEE OF THE WHOLE / CLOSED SESSION The following resolutions that were made whilst Council was closed to the public and press were read to the meeting by the Acting General Manager. 20.1 EXPRESSIONS OF INTEREST - HEAD CONSTRUCTION CONTRACT FOR THE LEVEE PROJECT COUNCIL RESOLUTION THAT The following Expression of Interest (EOI) respondents be invited to tender for the construction contract for the Levee Project Component 1. 1. Ford Civil Pty Ltd 2. Landscape Solutions 3. Urban Contractors Pty Ltd 4. Lahey Constructions Moved Clr P Garnham, Seconded Clr B Burke

CARRIED

20.2 CLAIM FOR COMPENSATION FOR AFFECTATION TO A PROPERTY DUE TO A COUNCIL ASSET COUNCIL RESOLUTION

THAT

1. Payment of Compensation is approved as per the recommendations of this report. 2. The General Manager be authorised to complete the Contract of Sale and to sign relevant documents on behalf of Council. 3. The Common Seal of Council to be affixed to transfer documents if required. 4. That funds required for the compensation be voted to the 2013/2014 operational budget. Moved Clr P Garnham, Seconded Clr B Whiting

CARRIED

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20.3 EALES FAMILY CEMETERY BERRY PARK COUNCIL RESOLUTION THAT 1. Council adopt the recommendation of this report and confirm that the Contract price for the sale of the land to Hilton and Clare Beverley Grugeon will be $1,010. Moved Clr S Procter, Seconded Clr A Humphery

CARRIED Council resolved that the recommendations of the Closed Session of Committee of the Whole be adopted. Moved Clr K Wethered, Seconded Clr B Burke

CARRIED

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21 CLOSURE

The meeting was declared closed at 6.00 pm. ................................ ................................ Acting General Manager Chairperson