MAITLAND CITY COUNCIL ORDINARY MEETING AGENDA · 8/24/2004  · ORDINARY MEETING AGENDA 24 AUGUST,...

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MAITLAND CITY COUNCIL ORDINARY MEETING AGENDA 24 AUGUST, 2004

Transcript of MAITLAND CITY COUNCIL ORDINARY MEETING AGENDA · 8/24/2004  · ORDINARY MEETING AGENDA 24 AUGUST,...

MAITLAND CITY COUNCIL

ORDINARY MEETING AGENDA

24 AUGUST, 2004

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page (i)

TABLE OF CONTENTS

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

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

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

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

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

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

7 PUBLIC ACCESS ....................................................................................... 1

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

9 ITEMS FOR INFORMATION....................................................................... 2

9.1 CORRESPONDENCE ANALYSIS............................................... 2

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

9.3 MONTHLY FINANCIAL REPORT - JULY 2004 .......................... 7

9.4 50TH ANNIVERSARY OF 1955 FLOODS - "REMEMBER, COMMEMORATE AND PREPARE".......................................... 10

9.5 COUNCILLOR MOTIONS.......................................................... 14

9.6 HUNTER RIVER ESTUARY MANAGEMENT STUDY AND PLAN.......................................................................................... 19

9.7 KEY PERFORMANCE INDICATORS - JULY 2004................... 21

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS............ 33

10 OFFICERS REPORTS .............................................................................. 39

10.1 GENERAL MANAGER............................................................... 39

10.1.1 IMPLEMENTATION OF MANAGEMENT PLAN......................... 39

10.2 FINANCE AND ADMINISTRATION........................................... 41

10.2.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2004 .......... 41

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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10.2.2 ATTENDANCE BY COUNCILLORS AT TRAINING SESSIONS & CONFERENCES ................................................. 44

10.2.3 DRAFT CODE OF CONDUCT ................................................... 46

10.2.4 COUNCILLORS INTERNET USAGE FACITLITY ...................... 48

10.3 SERVICE PLANNING AND REGULATION............................... 50

10.3.1 DEVELOPMENT CONTROL PLAN NO. 27 - AMENDMENT ..... 50

10.3.2 PRELIMINARY LISTING LOWER HUNTER SPOTTED GUM IRONBARK FOREST ................................................................. 54

10.3.3 RZ 02-004 - PROPOSED AMENDMENT TO MAITLAND LEP 1993 TO REZONE PART OF LOT 1 DP 1032210, PART OF LOT 1 DP 1033332, AND PART OF LOT 1 DP 778266, NO.43 - 85 DUNMORE ROAD, LARGS AND NEW 1(D) RURAL RESIDENTIAL ZONE ................................................................. 59

10.3.4 CHANGES TO AREA HEALTH SERVICE BOUNDARIES......... 66

10.3.5 ENTRY CURFEW FOR LATE NIGHT VENUES ........................ 69

10.3.6 EXEMPTIONS FROM WASTE DISPOSAL CHARGES AT WASTE DEPOT FOR 2004/2005 ............................................... 72

10.3.7 LIBERTY SWING – MAITLAND PARK....................................... 74

10.3.8 MAITLAND GILBERT AND SULLIVAN MUSICAL SOCIETY INC - PROPOSED LEASE OF LAND......................................... 76

10.3.9 PARTICIPATION IN CLEAN UP AUSTRALIA'S 'SAY NO TO PLASTIC BAGS' CAMPAIGN..................................................... 78

10.3.10 PROPOSED PROJECTS - $200,000 ROAD FUNDING ............ 80

10.3.11 RECLASSIFICATION OF STATE AND REGIONAL ROADS - SUBMISSION TO THE NSW ROAD CLASSIFICATION REVIEW PANEL......................................................................... 85

10.3.12 MORPETH JAZZ FESTIVAL 2004 - TEMPORARY ROAD CLOSURES AND KERBSIDE RESTRICTIONS......................... 95

10.3.13 PLAYING FIELDS AND RECREATION FACILITY - SOMERSET PARK..................................................................... 98

10.4 CITY WORKS AND SERVICES................................................101

10.4.1 METFORD ROAD WORKS DEPOT ASSET MAINTENANCE & IMPROVEMENT PROPOSALS .............................................101

11 NOTICE OF MOTION/RESCISSION........................................................109

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11.1 JAMES HARDIE BUILDING PRODUCTS NOTICE OF MOTION - SUBMITTED BY CLR WENDY WHITE ...................109

12 QUESTIONS WITHOUT NOTICE ............................................................110

13 URGENT BUSINESS ...............................................................................110

14 COMMITTEE OF THE WHOLE................................................................111

14.1 TENDERS - SUPPLY AND DELIVERY OF WASTE COVER MATERIAL AND INERT COVER MATERIAL TO 30 JUNE, 2006 TO MT VINCENT ROAD WASTE DISPOSAL DEPOT....111

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...112

16 CLOSURE................................................................................................112

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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 10 August 2004 be confirmed.

5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Page 1

ORDINARY MEETING AGENDA 24 AUGUST, 2004

9 ITEMS FOR INFORMATION

9.1 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Corporate Documents Coordinator

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

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

REPORT DOCUMENT FLOW TOTAL Number of Documents Received July 2004 2397

TOTAL Number of Documents Sent July 2004 2010 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 30/6/2004 57

PLUS Actionable Items Received July 2004 26

LESS Outstanding Items Actioned July 2004 35

TOTAL Number of Outstanding Documents Over 30 Days 31/7/2004 48

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.

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

CORRESPONDENCE ANALYSIS (Cont.)

ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 12

• Customer Service Requests

• General 34

• Works/Projects 0

• Rating 2

TOTAL Outstanding Over 30 Days 31/7/2004 48 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.

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

9.2 APPROVED BORROWINGS 2004/2005

File No: 89/3/101

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

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

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

REPORT In Council’s 2004/2005 Management Plan it was proposed to fund the following projects totalling $4,000,000 from external borrowings. Project Notes Amount Construction of local roads 268,000Construction of bridges 75,000Construction of drainage 237,000Construction of access improvements 50,000Kyle St / Gardiner Rd Rutherford roadworks 1 2,150,000Drainage improvements 220,000General capital projects 1,000,000Total 4,000,000 Notes:

1. The repayments on this loan were to be partly funded through a Special Rate levy, however Council’s application to the Minister for Local Government for the Special Rate was unsuccessful. Consequently, to proceed with this loan would cost Council an additional $123,775 per year for 10 years, which was the amount that the Special Rate was to yield.

Under Section 624 of the Local Government Act, 1993 the borrowing could not commence until the Minister of Local Government had determined a borrowing limit for Council for 2004/2005. Council has now received notification from the Minister that it’s approved borrowing limit for the period 1 July 2004 to 30 June 2005 is $4,000,000.

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

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9.3 MONTHLY FINANCIAL REPORT - JULY 2004

File No: 35/53

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

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.

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

REPORT The Statement of Financial Performance shows a net surplus for the period ending 31 July 2004 of $22,561,000. This is because Council’s rates and annual charges are levied, and shown as revenue, in July each year. The Statement of Financial Position shows that Council has net assets totalling $423,921,000.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

MONTHLY FINANCIAL REPORT - JULY 2004 (Cont.)

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

MONTHLY FINANCIAL REPORT - JULY 2004 (Cont.)

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

File No: 35/21/5

Responsible Officer: Wayne Cone Group Manager City Works and Services

Author: Wayne Cone Group Manager City Works and Services

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

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

REPORT The State Emergency Service (SES) Lower Hunter Division have written to Council regarding the coordination of the 50th anniversary commemoration of the 1955 Hunter Valley floods. Copy of this correspondence follows. Council have been invited to attend the next meeting of the coordination committee on Monday 27th September at 2.00pm. The SES briefed the Mayor and General Manager in April 2004 on the proposal to hold a commemoration event around the 50th Anniversary date of the 1955 floods (Saturday 26th February 2005). Council staff have been attending coordination committee meetings since March 2004. Following the last committee meeting held on the 19th July 2004 a Task Action List was amended and circulated with the meeting minutes.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

50th Anniversary of 1955 Floods - "Remember, Commemorate and Prepare". (Cont.)

Page 9

Council commitments to date on the action list include: • Confirmation of the Maitland Town Hall bookings around Saturday 26th February

2005. • A Council staffed static display in the Town Hall on 26th February 2005, as part of

a number of displays by various organizations. • Visitors Information Centre liaison with tour operators regarding possible

packaged tours, notification of the event through tourism member newsletters, and the marketing of possible flood mitigation scheme bus tours.

• Logistic support in regard to waste services, car parking and traffic control, if needed.

• Liaison with Maitland and Morpeth business communities regarding their potential involvement.

• Discussion on the potential involvement of local schools with projects and activities.

• Contact with local media representatives. A budget allocation of $15,000 has been provided in Council’s 2004/05 management plan for support of this event.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

50th Anniversary of 1955 Floods - "Remember, Commemorate and Prepare". (Cont.)

Page 10

“Remember, Commemorate, and Prepare"

Lower Hunter Division72 Turton Street,

METFORD NSW 2323

Phone: (02) 4934-3333

Fax: (02) 02-4934-2750

[email protected]

26th July 2004 The General Manager Maitland City Council High Street MAITLAND NSW 2320 Dear Sir, The 26th of February 2005 marks the 50th anniversary of the Hunter Valley floods of 1955. These floods focused the attention of the nation on the Hunter and remain a strong memory for many older people within and outside the region. "Until a larger flood occurs, the 1955 should be remembered and commemorated, not just because of its incredible magnitude or its unparalleled destruction, but as an indication of the amount of water which will again descend on the Hunter Valley come time in the future"

(Hunter / Central Rivers Catchment Management Authority). As the lead agency in New South Wales for floods, the SES is coordinating the 50th anniversary commemoration. The theme for the commemoration is "Remember, Commemorate, and Prepare". A wide range of activities, involving the whole valley will occur in the weeks leading up to the actual commemoration date, the 26th of February, and aims to remember the 14 people who perished in the flood and the enormous devastation caused, commemorate the heroic actions of individuals and organisations, and help residents of the valley to understand that such a flood may happen again and how they can prepare and be "floodsafe". A major display by all organisations involved in the 1955 Hunter Flood will take place in the Maitland Town Hall on Saturday the 26th of February 2005. As a Council who may have experienced flooding in the 1955 flood, or are yet to experience it, your participation in this event is sought. Your participation could be by way of a display involving members of staff advising future homeowners on building requirements relating to flood prone areas etc.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

50th Anniversary of 1955 Floods - "Remember, Commemorate and Prepare". (Cont.)

Page 11

I would like to extend an invitation to your Council to attend the next meeting of the Flood ’55 Commemoration Committee on the 27th of September 2004 at the Lower Hunter Division Headquarters, 72 Turton Street Metford commencing at 2.00pm. To notify of your attendance, or to add an Agenda item for the meeting, please advise my Division Administrative Officer by the close of business on Friday the 24th of September. This letter is sent for your information and I ask that you please include it as an Agenda item at your next Council meeting for the information of Councilors and staff. Further information regarding the commemoration and plans to date can be obtained from me on Mobile 0404-828501 or Bruce Varley Local Controller Maitland SES on Mobile 0418-685053 Yours faithfully, Gregory L Perry (JP M.A.I.E.S.) Division Controller Lower Hunter Division

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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9.5 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

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

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

REPORT See attached report.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

COUNCILLOR MOTIONS (Cont.)

Page 13

Date of Meeting Item

Number Subject Council Resolution Current Status

10-Aug-04 12.3 Swan Street, Morpeth – Question without Notice by Clr Procter

Clr Procter spoke about the temporary arrangement in Swan Street, Morpeth, whereby sleepers were installed to assist with reverse parking. This has caused problems with street sweeping and drainage. Clr Procter asked if another option could be investigated to alleviate the problems. The Group Manager City Works & Services advised that he would investigate.

This matter is being investigated.

08-Jun-04 11.1 Central Maitland Development - Notice of Motion by Clr Humphery

THAT: 1. The General Manager prepare a report for consideration by Council outlining alternative strategies for the sale and/or development of Council’s land holdings between Church and Elgin Streets, Maitland; 2. The report also provide information on matters relating to the development of this area including but not limited to: a) status of existing parking facilities b) relevant development standards including height and floor space ratios: c) land use mix d) traffic management 3. Strategies assessed include council participation by way of joint venture.

Preliminary investigation in progress and the Property Advisory Panel to meet in September to discuss this matter.

28-May-02 12.1 Notice of Motion - Planting of Trees Between Proposed Development at Rutherford and Northern Railway Line

THAT: 1. Maitland City Council identify the 50 metre wide buffer zone west of northern railway line and east of the former Maitland City Council Abattoirs, Rutherford, as an area suitable for intensive tree planing; 2. Council provide the necessary trees through Maitland City Council's Native Plant Distribution Scheme for planting on council owned section of the buffer zone. 3. If the Council does not have the resources to plant the trees that approaches be made to local Landcare Groups or Greencorps to carry out this project Note: Clr Fairweather generously donated 2 000 trees to the project and has also offered to plant them.

Matter to be further considered by Council pending outcome of EOI process.

18-Nov-03 11.3 Questions without Notice - Review of Value of Development Applications that are submitted to Council.

Clr Blackmore asked if a report could be brought back to Council to review the policy on the value of development for Council approval. The General Manager stated that a review of statements of delegated authority will be carried out.

Report to be presented to Council as a component of Organisational Review of delegated authorities as required by the Local Government Act, 1993.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

COUNCILLOR MOTIONS (Cont.)

Page 14

Date of Meeting Item Number

Subject Council Resolution Current Status

24-Feb-04 13.3 Traffic Upgrades between Belmore Road and High Street, Maitland - Question without Notice by Clr Humphery

Clr Humphery enquired about the main intersection between Belmore Road, High Street intersection. Have we looked at traffic upgrades for this intersection? Group Manager Service Planning and Regulation advised that a specific report on this intersection will be reported to Council in the near future.

Draft design for upgrade complete and forwarded to traffic consultant for final review. To be presented to Central Maitland Working Group when consultant review is complete.

24-Feb-04 13.5 RTA Survey - New England Highway - Questions without Notice by Clr Dark

Clr Dark asked where is the RTA Survey on the traffic issues on the New England Highway at Rutherford during peak periods? Group Manager Service Planning and Regulation advised that a specific report on this matter will be reported to Council in the near future.

Information report to 10 August Council meeting.

23-Mar-04 12.1 Implementation of Scheme to Recognise and Honour Long Service Volunteers - Notice of Motion by Clr Keating

THAT Council implement a scheme to recognise and honour long serving volunteers who have given distinguished service to the Maitland community. The scheme is to include, but not be limited to: 1. Awarding of Life Membership and/or a Distinguished Community Service medal of the institution, committee and/or board that the person has had a long and distinguished association. 2. That the institution, committee or board must have a strong nexus with Maitland City Council – for example Art Gallery, Library, Sports Council, Recreation Boards, Hall Committees. 3. That Council on an annual basis call for nominations. 4. That a Committee of Council be established to -determine a criteria to assess applications/nominees; - to consider and make recommendations to Council for final determination. 5. That the composition of the committee include elected representatives (Mayor, Councillors), Council Officers and members of the general community. 6. That Council construct and dedicate a Honour Board. Names of recipients are recorded along with the name of the institution, committee or board that the person provided long and distinguished service. That the Community service Honour Board be appropriately displayed.

Guidelines and protocols being developed. Report to Council 14 September 2004.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

COUNCILLOR MOTIONS (Cont.)

Page 15

Date of Meeting Item Number

Subject Council Resolution Current Status

7. On an annual basis (if required) Council formally present the Distinguished Community Service Awards. Suggest the Annual Volunteers Christmas function.

23-Mar-04 12.2 Maitland Sporting Hall of Fame - Notice of Motion by Clr Burke

THAT: 1. Council agree in principle to the establishment of a Maitland Sporting Hall of Fame; and 2. Council investigate the opportunities and any costs associated with incorporating the Hall of Fame within the Maitland Cultural Precinct.

Draft document completed; final report to September Council meeting.

23-Mar-04 12.3 Re-Surfacing of Thornton Netball Courts - Notice of Motion by Clr Keating

THAT the two (2) tar sealed netball courts at Thornton be re-surfaced as a matter or urgency because of: 1. Increasing incidence of injury being sustained due to the broken, uneven and loose surface; 2. The excessive use of the courts (25 teams train on the courts each week), with use to increase when floodlighting is installed in coming weeks; 3. Opportune time, in that the fence has been recently removed because of its dangerous condition. It would be wise and sensible to re-surface prior to the erection of new fencing and floodlighting. 4. Funding be an addition to the Management Plan.

Light poles and fencing works completed. Resurfacing works completed, however, poor subsurface conditions require additional work and surface repair. Works to be undertaken by end of August.

27-Apr-04 12.2 Maitland Shopping Centre Signage - Notice of Motion Clr Fairweather

That Council act on a previous decision of Council and remove the "High Street" from the signage at the intersection of Les Darcy Drive and High Street and insert "Maitland City Centre".

Letter forwarded to the RTA requesting funding. No response received yet.

11-May-04 11.3 Heritage Mall Traffic Matters - Notice of Motion by Clr Meskauskas

THAT Council determine that the CMAIP be listed for a comprehensive briefing in the near future.

Briefing to be conducted in August 2004.

08-Jun-04 11.3 Road Funding - Notice of Motion by Clr Humphery

That: 1. The General Manager prepare a report on the maximum cost benefit areas of expenditure for any increase in road funding; 2. A comparative example of forward programme of maintenance versus construction be outlined; and 3. Any implications of such works being carried out by Council or outsourced by Tender.

Work commenced on review of ten year strategy. Report to Council in November 2004.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

COUNCILLOR MOTIONS (Cont.)

Page 16

Date of Meeting Item Number

Subject Council Resolution Current Status

13-Jul-04 11.2 Vacant Land - 12 Frewin Avenue, Woodberry - Notice of Motion by Clr Power

THAT: 1. Council determine the status of the vacant land at 12 Frewin Avenue, Woodberry; 2. If the land is identified as Council- owned and operational land, then Council move to dispose of the property by sale; 3. If the land is identified as Council-owned and community land, then Council re-classify the land to operational and move to dispose of the property by sale; 4. Proceeds of the sale of the property to be directed towards drainage and internal road improvements at Woodberry Oval.

Investigation commenced.

27-Jul-04 11.1 Mulching Facility - Notice of Motion by Clr Humphery

That: a report be brought to Council on the following: 1. The provision of a free mulching facility at weekends for residents to recycle their green waste. 2. The preferred location of the service 3. The cost implications or savings of such an initiative 4. Whether a trial period could be conducted to establish demand.

Report to be presented to September Council Meeting.

27-Jul-04 13 Urgent Business - Letter regarding Fill

Clr Meskauskas presented a letter regarding fill and asked Mr Everett to provide a report to Council on the matter

Copy of response to be posted to Clr Meskauskas

10-Aug-04 11.2 Thornton North – Naming of New Residential Community – Notice of Motion by Clr Keating

THAT Council initiate a process to determine a place name for the new residential community at Thornton North. The process to include contributions from the public and stakeholders in the development of Thornton North

Process to commence.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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9.6 HUNTER RIVER ESTUARY MANAGEMENT STUDY AND PLAN

File No: 55/8

Responsible Officer: David Simm Manager Environmental Programs

Author: Stuart Dayman Senior Environmental Health Officer

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

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

REPORT The Hunter River Estuary Management Study and Plan represents stage two of the three stage Hunter River Estuary Management Program, a joint initiative between Maitland Council, Newcastle Council, Port Stephens Council and the NSW Government. Stage one of the program, the Estuary Processes Study, was completed in October 2003 and was received as a technical report by Council in October 2003. The committee has a number of broad and overarching goals with regard to management of the Hunter River estuary and they are in summary;

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Hunter River Estuary Management Study and Plan (Cont.)

Page 18

• To establish a shared vision, based on long term sustainability of the estuaries ecosystem, that promotes a balance between utilisation and conservation;

• Develop a plan that will engage stakeholders, provide a management framework and adaptive management process, and identify key management actions that aim to achieve a healthy, productive and attractive Hunter River estuary;

• Consider environmental, economic and social values when determining the sustainable use of resources; and

• Use ecosystem function as the basis for planning and management decisions. The development and implementation of the Estuary Management Study and Plan will provide the overall guidance and framework to achieve these goals. The development of the plan will require a review of existing data and information, promotion and publicity of the project, a comprehensive community consultation program with key stakeholders and community and the development of a set of strategies and management options for implementation. The development of the plan will occur throughout the remainder of 2004 with completion due in the second half of 2005.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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9.7 KEY PERFORMANCE INDICATORS - JULY 2004

File No: 35/37

Responsible Officer: Brad Everett Group Manager Service Planning and Regulation

Author: Leanne Harris Manager Corporate Planning

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

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

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 are also presented. For the 12 month period of August 2003 through to July 2004, the average monthly number of lodged Development Applications was 172 and the average monthly

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 20

number of applications approved was 174. In July 2004, there were 183 applications approved. There were 176 new applications lodged in July which is consistent with the twelve month average. The number of applications on-hand has continued to drop slightly. The Median Processing Times for Development Applications in July 2004 has fallen slightly to 16 days which is consistent with the average Median Days for the twelve month period which is 16.25 days. The Local Government Association of NSW recently released a publication on Local Government processing times. The findings were based on a survey of 56 Councils and concluded that 27 days to process a DA, which had been correctly submitted, seemed fair and reasonable. For the 12 (twelve) month period August 2004 to July 2004, the average monthly number of lodged Construction Certificates was 157 and the average monthly number of approved Construction Certificates was 158. In July 2004, there were 165 Construction Certificates approved, slightly higher than the monthly average, however 151 Construction Certificates were lodged, this being slightly lower than the monthly average. The number of applications currently on-hand has dropped to 176. The Median Processing Times for Construction Certificates in July 2004 has stayed at 11 days and is below the 12 month average which is 12 days.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 21

DAs - On-Hand, Lodged & Approved Applications

100

120140

160180

200220

240

270280290300310320330340350360370

Lodged 161 173 218 174 154 135 171 211 152 189 153 176

Approved 182 156 211 186 165 124 164 214 157 143 203 183

On-Hand 306 323 330 318 307 318 325 322 317 363 313 306

A 03 S O N D J04 F M A M J J

Trendline - Approved

DAs - Median Processing Times

0

5

10

15

20

25

Calendar Days 18 18 16 15 19 21 13 11 13 17 18 16

A 03 S O N D J04 F M A M J J

Trend Line

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 22

DAs - Estimated Value of Development

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$'00

0s

Est imated Value $20,980 $18,869 $26,291 $22,045 $16,557 $25,566 $13,630 $21,963 $11,991 $10,483 $24,572 $13,321

A 03 S O N D J04 F M A M J J

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

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CCs - On-Hand, Lodged & Approved Applications

0

50

100

150

200

250

0

50

100

150

200

250

Lodged 140 176 200 163 133 138 170 177 135 169 138 151

Approved 150 138 209 174 151 111 166 182 145 135 175 165

On-Hand 177 215 206 195 177 204 208 203 193 227 190 176

A 03 S O N D J04 F M A M J J

Trendline - Approved

CCs - Median Processing Times

02468

1012141618

Calendar Days 14 15 14 12 12 16 10 8 10 13 11 11

A 03 S O N D J04 F M A M J J

Trend Line

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 24

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 $10,627 $6,881 $15,318 $12,065 $10,564 $8,977 $11,235 $14,529 $10,130 $7,673 $12,926 $15,197

A 03 S O N D J04 F M A M J J

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 25

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. Libraries Overall patronage trends at Council’s libraries for the months May to July 2004 inclusive are similar to the patronage trends for the corresponding period last year. Total patronage for all libraries for the three months May to July 2004 inclusive was 4.4% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons: City 16% lower East Maitland 7% lower Rutherford 383% higher Thornton 29% higher The opening of the new branch library at Rutherford has obviously had a significant positive impact upon patronage levels and construction is now well underway on the new East Maitland library.

LIBRARY VISITORS

15,000

20,000

25,000

0

5,000

10,000

City 9,305 8,579 9,348 7,980 7,183 7,859

East

Thorn 2,915 2,746 2,808 2,687 2,693 3,620

Total

3,946 3,827 4,582 3,937 3,960 4,230

Ruth 919 775 784 1,866 2,957 3,786

17,085 15,927 17,522 16,470 16,793 19,495

May 2003 Jun 2003 Jul 2003 May 2004 Jun 2004 Jul 2004

Library Visitors

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 26

Art Gallery Patronage for the Art Gallery for the period May to July 2004 shows a continuing increase in visitation numbers to the new gallery compared to the same period last year. Several very popular activities / events were held during May 2004 which is reflected in the significant patronage for that month. During May, the gallery held a community show “Pub Culture”, which involved works by approximately 30 local artists and coincided with the launch of the book “Time Gentlemen Please”. The Gallery’s new Cultural Director Joe Eisenberg began also commenced in May and a welcome function was held, which proved to very popular. In June “Hits from the Collection” proved extremely popular, and Artist Margaret Olley was in attendance for the opening night. During July the gallery focussed on the “Tafe Art Prize, a touring show, with a state wide prize as well as school holiday activities.

ART GALLERY VISITORS

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

442 580 734 1,561 1,012 845

May 2003 Jun 2003 Jul 2003 May 2004 Jun 2004 Jul 2004

Art Gallery Visitors

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 27

Visitor Information Centre The Maitland Visitor Information Centre enquiries for the month of July reflected the quieter winter period with a total of 5,331 enquiries. During this time efforts of the Visitor Information Centre go into planning for the Morpeth Jazz Festival and the development of co-operative marketing activities. Total enquiries for 2004 to the end of July were 39,649. The figures also include the number of hits on the website www.hunterrivercountry.com.au,which included 708 visitors who made 3,727 page impressions within the site.

0

500

1,000

1,500

2,000

2,500

3,000

3,872 3,331 3,112

911 938 1,122

Mail 182 270 389

0 764 708

May 2004 Jun 2004 Jul 2004

VISITOR INFORMATION CENTRE ENQUIRIES

3,500

4,000

4,500

Personal

Telephone

Internet

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 28

Immunisation Clinics The childhood immunisation clinic pattern has decreased slightly over the last three months and is slightly lower than the same period last year.

IMMUNISATION ATTENDANCES

10

20

30

40

50

60

70

80

90

100

0

23 17 14 20 12 11

47 25 38 29 26 27

24 16 18 14 16 13

94 58 70 63 54 51

May 03 Jun 03 Jul-03 May-04 Jun-04 Jul-04

Immunisation Attendances

Thornton

Rutherford

Town Hall

Total

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 29

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 47. The 49 inspections completed in July 2004 was slightly above this average.

FOOD PREMISES INSPECTIONS

70

80

0

10

20

30

40

50

60

Number 64 72 28 26 26 48 31 43 72 49 57 49

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Key Performance Indicators - July 2004 (Cont.)

Page 30

Performance Indicator: Customer Request System The chart below shows data from 2004 for Council’s customer service request system. This system records and monitors complaints and requests from the community. The trends indicate that the number of outstanding requests are reducing over time. It should be noted however that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.

Customer Requests

0

100

200

300

400

500

600

700

800

900

1000

0

100

200

300

400

500

600

700

800

Receivedcompleted

Jan-04 Feb-04 Mar-04 Apr-04 May-04 Jun-04 Jul-04

outstanding

Received 719 740 866 667 587 554 592

completed 745 816 708 847 641 542 806

outstanding 535 533 717 645 604 626 475

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 31

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

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

Author: Richard Minter Manager Consulting and Contracts

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

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

REPORT CONSULTING AND CONTRACTS 1. Bus Shelters

The construction of new bus shelters at Elgin Street, Maitland Post Office, Maitland Hospital and Metford TAFE have been completed. A final shelter is to be installed in Mitchell Drive, Greenhills with works to commence shortly. The total project was grant funded in the amount of $155,000.

2. East Maitland Branch Library

A new branch library is 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. Framing, brickwork and windows have been completed with internal lining and fitout commenced. The project is due to be complete at the end of September.

3. Highway Landscaping

A landscape design for the New England Highway median area near Maitland Pool has been completed and forwarded to the RTA for comment on the landscape proposal and to seek any available funding from the RTA to supplement the works. The total project budget is $20,000.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 32

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

works in Melbourne Street, East Maitland. Further investigation regarding the scope of work for the project is underway along with any impact the Third River Crossing project may have on the proposed works.

5. Maitland Riverside Precinct The Maitland Riverside Precinct project includes paving, lighting and

landscaping works along the levee in Central Maitland. A tender for the project has been awarded to Scenic Art Afloat with preliminary project works and signage construction underway. Approval from DIPNR regarding the works on the levee is imminent. The total project budget is $1,500,000 with works due to be complete by December.

6. Demolition Morpeth Common Cottage Quotations have been received from demolition companies for the demolition

and removal of the Morpeth Common Cottage. An archival study of the building has commenced with demolition to follow completion of the study. Demolition works due to be complete in late August.

7. Kyle Street/Gardiner Road Improvements A review of the design for the complete Kyle Street/Gardiner Road

improvements has been completed. The project is on hold until a determination has been made by Council regarding funding for the project.

CITY WORKS & SERVICES The status of the construction projects within the 2004/2005 Rolling Works Program, as of 12th August 2004, is as follows. 1. Footpath Construction

1.1 Tank Street, Morpeth A concrete footpath has been constructed along the eastern side of Tank Street from High Street to house No.14. The project was undertaken in late July at a cost of approximately $5,500.

1.2 Thomas Coke Drive, Thornton

Work is progressing on the construction of a concrete footpath at the intersection of Thomas Coke Drive and Blakewell Road. The project will be completed in late August at an estimated cost of $13,300.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 33

1.3 Ken Tubman Drive, Maitland

Construction of a concrete footpath along the southern side of Ken Tubman Drive and in the vicinity of Church Street will commence in late August. The work is estimated to cost $3,900 and take approximately one week to complete.

2. Footpath – Access Priority Program

2.1 Hunter/High Sts, East Maitland and Glebe/South Sts, Telarah Several pram ramps are to be constructed on the intersections of Hunter and High Streets at East Maitland and also Bligh and South Streets at Telarah. The work will be undertaken in early September at an estimated cost of $2,600.

3. Roads to Recovery

3.1 Chelmsford Drive -Metford Full width road reconstruction between Bedford Street and Schanck Drive commenced in late May. The initial section from Schanck Drive is completed. Work is progressing on the second stage with an expected completion date in mid September. The total project estimate is $593,000.

4. New Works - Urban

4.1 Rous Street, East Maitland The intersection of Rous Street and Adelaide Street has been reconstructed with work being finalised in early August. The approximate cost of the project was $41,000.

4.2 Morpeth Road, Raworth

The construction of 500 metres of Morpeth Road east of Jenna Street commenced in mid July with the placement of stormwater drainage pipelines. The expected completion date is late September with the estimated cost of the project at $455,000.

5. Reseal - Rural Roads

Preparation works for resealing on the following rural roads is complete: - Hinton Rd, Phoenix Park - Anambah Rd, Anambah - Old North Rd, Farley

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 34

- Wollombi Rd, Farley

Preparation works for resealing is in progress on the following rural roads: - Allandale Rd, Lochinvar - Dunmore Rd, Largs The actual bitumen resealing will be undertaken by contractors, commencing in October when air and road surface temperatures are optimum for resealing. The expected completion date is late February. The total value of the 2004/05 rural reseal program is $236,000.

6. Reseal - Urban Roads

Preparation work for resealing is complete on the following urban roads: - Maple Rd, Ash Cl, Largs - Thomas Coke Dr, Thornton - Westerman Cl, Thornton Preparation work for resealing is in progress on the following urban roads: - Allan St, Lorn - Brunswick St, East Maitland - Chisholm Rd, Kilkenny Cl, East Maitland - Edward St, Morpeth - Ferraby Dr, Metford - Fieldsend St, East Maitland - Galway Bay Dr, Monaghan Circ, Armagh Cl, Kildare Cl, Tralee Cl,

Ashtonfield - Garrie Cl, Ingrid Cl, Thornton - Glenwood Dr, Thornton - Government Rd, Thornton - Holford Cr, Thornton - Lawson Ave, Woodberry - Lord Howe Dr, Bounty Cl, Ashtonfield - Michael Hill Ave, Bangalay Cl, Woodbine Cl, Woodberry - Moriarty Ave, Ashtonfield - Pacific Cr, Airlie St, Samoa Cl, Turtle Ave, Yasawa Cl, Ashtonfield - Paterson Rd, Bolwarra - Schank Dr, Metford - Sharkies La, Lorn - South Seas Dr, Ashtonfield - St Fagans Pde, Rutherford - Streeton Dr, Dobell Pl, Metford - Weblands St, Rutherford Preparation work for resealing will commence on the following urban roads in August:

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

Page 35

- Arnold Cr, Kirkman Cl, Singleton Ave, Bronwyn Cl, Doran Cl, Thornton - Budgeree Dr, Correa Cl, Aberglasslyn - Denton Park Dr, Turin Terr, Rebecca Cl, Robert Cl, Aberglasslyn - Devonshire St, Maitland - Grant St, East Maitland - Justine Pde, Rutherford - Ken Tubman Dr, Maitland - Melaleuca Dr, Metford - Sirius St, Rutherford - Wolstenholme St, Walsh St, Krohn St, Treasure St, Rutherford The actual resealing works will commence in October and be completed by early March. The total value of the 2004/05 urban reseal program is $915,000.

7. Rural Reconstruction

7.1 Oswald Lane, Lochinvar Work has commenced on the rehabilitation of 420 metres of Oswald Lane. The work includes the addition of 100mm of pavement material, and a two coat bitumen seal. The work is expected to take 3 weeks to complete at an estimated cost of $55,300.

8. Additional Projects

8.1 Queens Wharf Carpark and Footpath, Morpeth Work is complete on the construction of a carpark for vehicles and boat trailers adjacent to the boat ramp. The construction of a concrete footpath will commence in September and is expected to take 3 weeks to complete. The estimated cost of both projects is $56,000.

9. Building Works Projects

9.1. Brough House Repairs

General carpentry, plumbing and painting repairs are complete on Brough House in readiness for it’s handover back to the National Trust this month. The approximate cost of the repairs was $50,000.

9.2. Community & Recreation Building Repairs

Work has commenced on repairs to East Maitland Community Centre and Gillieston Heights Oval as part of a $400,000 refurbishment of Maitland’s community and recreation buildings. Work on these and other buildings will continue throughout the financial year.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 36

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 June 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 30th June 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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 37

10.2 FINANCE AND ADMINISTRATION

10.2.1 STATEMENT OF INVESTMENTS AS AT 31 JULY 2004

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration

Author: Stephen Burgess Compliance Accountant

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

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

REPORT Inv. No.

Institution Int. Rate

Date Invested

Term (Days)

Maturity Date

Amount $

971c Macquarie Diversified Treasury Fund++

5.570% 31/08/01 ## When required

1,531,014.80

972b Deutsche Cash Plus Fund++

5.670% 31/08/01 ## When required

2,558,701.54

1145d Taurus Funding Pty Ltd

6.563% 15/07/04 92 15/10/04 1,000,000.00

1159d Savings & Loans Credit Union

8.280% 15/06/04 90 13/09/04 1,500,000.00

1162c Investec Bank Australia Ltd

6.043% 2/06/04 92 2/09/04 500,000.00

1164c CBA Shield CDO - Alexander

6.478% 3/06/04 93 4/09/04 500,000.00

1112e The Rock Building Society

8.330% 30/04/04 92 31/07/04 500,000.00

1113e The Rock Building Society

8.330% 30/04/04 92 31/07/04 500,000.00

1131e Holiday Coast Credit Union

8.760% 17/07/04 92 17/10/04 500,000.00

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATEMENT OF INVESTMENTS AS AT 31 JULY 2004 (Cont.)

Page 38

Inv. No.

Institution Int. Rate

Date Invested

Term (Days)

Maturity Date

Amount $

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

1136c Australian Central Credit Union Ltd

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

1137c High Yield Fixed Interest Securities

6.865% 8/07/04 92 8/10/04 1,500,000.00

1176b Herald Ltd – Tungsten AA-

6.980% 21/06/04 91 20/09/04 1,500,000.00

1177b Maitland Mutual Building Society**

6.510% 11/06/04 92 11/09/04 2,000,000.00

1178b Wide Bay Australia Credit Union

7.180% 15/06/04 92 15/09/04 500,000.00

1180b Northern Inland Credit Union

8.730% 23/06/04 92 23/09/04 500,000.00

1192a Balmoral AA 6.775% 4/06/04 94 6/09/04 1,500,000.00

1194 Shield AA %%

(Commonwealth Bank of Aust)

3.04% 24/03/04 463 30/06/05 1,000,000.00

1202 Greater Building Society Limited

5.570% 2/07/04 68 08/09/04 500,000.00

1203 Commonwealth Bank

5.420% 08/07/04 34 11/08/04 500,000.00

TOTAL $19,889,716.34++ 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. %% The monthly return can vary substantially. Long term returns for this investment estimated at 8%. As a Comparison : Investments held at the end of last month (ie. 30/06/04) were $24,601,145.09 Investments held this time last year (ie. 31/07/03) were $17,616,191.61

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

STATEMENT OF INVESTMENTS AS AT 31 JULY 2004 (Cont.)

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.

Page 39

ORDINARY MEETING AGENDA 24 AUGUST, 2004

10.2.2 ATTENDANCE BY COUNCILLORS AT TRAINING SESSIONS & CONFERENCES

File No: 35/51

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

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

OFFICER'S RECOMMENDATION THAT:

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

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

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

REPORT Applications have been received from the following Councillors seeking approval to attend the outlined training courses and conferences: a) Councillor Humphery has made application to attend the DIPNR Local

Government Planning Reform Workshop on 30 and 31 August, 2004, to be held in Sydney. The cost is $110 (including GST) for the workshop, plus travel and accommodation expenses.

b) Councillor White has made application to attend the Regulating Land

Development and Building in NSW training course at Hunter Council’s Training Centre on 28 August, 2004 at a cost of $345 plus GST.

c) Councillor Woods has made application to attend the “Going Public”

Conference to be in Sydney on 15 and 16 September 2004 at a cost of $841.50, plus travel and accommodation expenses.

Page 40

ORDINARY MEETING AGENDA 24 AUGUST, 2004

ATTENDANCE BY COUNCILLORS AT TRAINING SESSIONS & CONFERENCES (Cont.)

Page 41

All of these Councillors have funds available within their Professional Development allowance of $3,000 to attend the training sessions or conferences. It is recommended that Council approve the attendance at the various training courses and conferences for Councillors Humphery, White and Woods.

FINANCIAL IMPLICATIONS Monies are available for the attendance of the these Councillors to the outlined training courses or conferences.

POLICY IMPLICATIONS The attendance of both Councillors is as per the Policy for Professional Development of Councillors.

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

10.2.3 DRAFT CODE OF CONDUCT

File No: 35/47

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

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

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

REPORT The Local Government Act, 1993 requires councils to prepare or adopt a Code of Conduct. In 1994 the Department of Local Government issued a Code of Conduct Practice Note to Councils as a guide for developing their codes of conduct. Over the past few months, the Department of Local Government has worked with a review group of representatives from local government and key State agencies to review this Practice Note. The review has involved updating the model code taking into account recent standards of good practice. Once finalised, the new model code of conduct and guidelines will assist Councils to review and enhance their Codes of Conduct. The guidelines will also provide guidance to councils in achieving better practice in this area. The Local Government Amendment (Discipline) Bill 2004, currently before the NSW Parliament, makes provision for prescribed model Code of Conduct applying to all Councillors and Council staff. The draft model Code will form the basis for the prescribed Code of should this Bill become law. Council is invited to lodge its comments on the draft “Model Code of Conduct and Guidelines” by 17 September, 2004. Copies of the Code of Conduct will be available from Council’s Customer Service Centre.

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

Page 42

ORDINARY MEETING AGENDA 24 AUGUST, 2004

CODE OF CONDUCT (Cont.)

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.

Page 43

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 44

10.2.4 COUNCILLORS INTERNET USAGE FACITLITY

File No: 35/7

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Jon Dundas Manager Administration & Information Technology

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

OFFICER'S RECOMMENDATION THAT:

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

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

REPORT Councillors have been provided with laptop computers for over two years to enhance communication and take advantage of Council’s electronic business papers. An Internet access facility has not been provided to Councillors in the past. Access to information is an important requirement for Councillors to make decisions and to keep abreast of issues that may affect the community. The Internet provides 24 hours a day, 7 days a week access to various information such as Government white papers, Local Government and Shires Association newsletters, legislation and much more. Dial-up access to the Internet is available for all Councillors, with Asymmetric Digital Subscriber Line (ADSL) broadband connection available to most, albeit that some Councillor telephone lines require a conversion to copper. The basic dial-up access provided by Telstra Bigpond costs $28.95 per month for an unlimited hours plan, plus dial-up charges.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

COUNCILLORS INTERNET USAGE FACITLITY (Cont.)

Page 45

Telstra Bigpond ADSL broadband plans vary between $29.95 and $149.95 per month depending on the amount of information downloaded and the access speed. ADSL also requires the purchase of an ADSL modem. A once-off purchase and installation of an ADSL modem would cost $299.00 per Councillor. Due to the cost of ADSL and the need to provide consistent services to Councillors, it is proposed that Council provide an allowance of $30.00 per month to Councillors for Internet access. This proposal provides Councillors with the flexibility to access the Internet via the Internet Service Provider (ISP) of their choice, enabling Councillors who currently have access to the Internet to continue with their selected ISP. Maintenance and support for Internet access issues will be the responsibility of the Councillor through their ISP’s support services. Whilst using Council equipment for Internet access, Councillors will need to adhere to Council’s policies in relation to the responsible use of the Internet.

FINANCIAL IMPLICATIONS The allowance will affect the current years budget and an adjustment will need to be made at the next quarterly review.

POLICY IMPLICATIONS Council’s Payment of Expenses and Provision of Facilities for Councillors Policy will need to be updated.

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 46

10.3 SERVICE PLANNING AND REGULATION

10.3.1 DEVELOPMENT CONTROL PLAN NO. 27 - AMENDMENT

File No: 103/87

Attachments: Draft DCP Public Submissions

Responsible Officer: Stephen Punch Manager Approvals and Regulatory

Author: Henry Wilson Project Officer

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

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

REPORT Council at its meeting of 8th June 2004 resolved to place an amended version of Development Control Plan No. 27 – Tenambit, on public exhibition for a period of 28 days in accordance with Section 18 (2) of the EP&A Regulation, 2000. The amendment proposed an extension of the area currently covered by the existing DCP – No. 27. The expanded area is to be bounded by Metford Road. Robert, Edward, Collinson, Goldingham and Maize Streets, Tenambit. The statutory public exhibition period closed on 13 July 2004 and resulted in fourteen (14) written submissions being received by Council from residents within the area proposed to be covered by the amended DCP. One submission was prepared by a consultant on behalf of a landowner currently seeking to develop two adjoining lots within Collinson Street for the purposes of medium density housing. A theme common in a number of submissions was the perception that the DCP amendment was to accommodate a current development application before Council

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 47

or to force the construction of the link roads between the two ‘closes’ in each of the larger urban precincts. This, of course, was not the catalyst for the proposed amendments to the DCP, which Council had resolved to undertake in 2003. The objections raised to the DCP amendment can be summarised as follows:

1. Loss of character, natural environment, quality of lifestyle, open space and views. Comment: The DCP aims to establish a framework for the development of each of the three (3) residential precincts within Tenambit. These precincts – Metford Rd/Maize/Goldingham/Collinson Streets and Metford Rd/Collinson/Goldingham/Robert Streets and Robert/Edward/Collinson /Goldingham contain very deep allotments and share the common characteristic of having a ‘close’ constructed at opposite ends thereby providing an opportunity for resubdivision of the rear of the existing lots through the construction of an internal roadway linking the two (2) cul-de-sacs. The subdivision of these lots would represent urban infill development and would mean a more efficient use of existing residential zoned land. The ultimate development on the land would result in a change in the environment as the larger open spaces to the rear of the existing lots would be developed for residential purposes. On balance however it is considered that well developed residential infill projects would not unduly impact on the quality of the residential environment.

2. Loss of quiet cul-de-sac where children safely play. Comment: The amendments to the DCP will facilitate the extension of the cul-de-sacs being Floral to Bradbury Closes and Alpine Close to the eastern stub road off Robert Street. The traffic using these streets will increase however the streets would be designed in accordance with Councils adopted standards and will be typical of the residential streets located throughout the City of Maitland. It should be noted that the current DCP No.27 proposes the linkage of Floral and Bradbury Closes and the amendments now proposed to the DCP involve no change to this proposed linkage.

3. Increased traffic/noise and security issues. Comment: Refer to comment on 2 above.

4. Loss of part of property and privacy Comment: Council cannot force any existing landowner to subdivide or develop their property. The DCP simply identifies the planning issues associated with the development of these residential precincts and attempts to establish a framework for its orderly subdivision. The DCP only becomes relevant to an existing or future landowner when they make

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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a decision to develop the land. At such time the issues of privacy for new and existing development can be taken into account when the detailed design for the subdivision and development on the new allotments is being undertaken.

5. Reduced property values and increased rates as a result of the road frontages. Comment: It is anticipated that the DCP will have the effect of increasing property values but this increase would not be expected to be significant.

6. Belief that Council is amending the DCP and forcing road linkages to accommodate a specific development. Comment: The Council’s resolution to amend DCP 27 is not being driven to accommodate any specific development proposal. The amended DCP provides an extension of the principle contained in the existing DCP which applies to the linking of Floral and Bradbury Closes – that is, promoting the orderly development of road and drainage works to ensure the most efficient use of existing Residential 2(a) zoned land.

Copies of the comments received are attached. Comments received from the exhibition period resulted in further investigation of the proposed link road between Lavinia and Pont Closes. This precinct is different from the other two on the basis that the original subdivision pattern comprising long narrow lots off Maize and Collinson Streets is largely intact meaning that there are significantly more property owners involved (19) as compared to 11 and 13 in the other precincts where the lot sizes are larger due to previous amalgamations. It is proposed that the road link between Pont and Lavinia Closes be deleted and that an easement for stormwater drainage a least 3.0 metres wide be established in its place. Any future development of the lots (either subdivision or increase in residential densities) within the Maize/Collinson Street precinct will require the securing of the stormwater drainage easement and the placement of an appropriate sized stormwater pipe within the easement unless there is a suitable alternative to the disposal of stormwater from a new development. The draft DCP now tabled has been amended accordingly and the revised plan attached to the DCP document now shows a notional stormwater easement and overland flowpath from Lavinia Close linking with Council’s existing drainage system in Pont Close. The other amendment to the draft plan has been the exclusion of the pathway linking Lavinia Close with Goldingham Street. Part of this proposed pathway was land owned by Council and recently resolved to be sold to the adjoining owner. Further, such a pathway is now not considered necessary with the exclusion of the aforementioned link road.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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These proposed changes to the exhibited plan will address many of the objections raised by residents.

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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10.3.2 PRELIMINARY LISTING LOWER HUNTER SPOTTED GUM IRONBARK FOREST

File No: 103/76

Attachments: Preliminary Determination by the Scientific Committee

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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

REPORT

BACKGROUND A report was presented to Council in July 2004 regarding the preliminary determination of the Scientific Committee to list LHSGIF as an endangered ecological community. The Preliminary Determination is included with this report, as Attachment 1, for the information of Council. Council’s city Strategy Division has since met with representatives of the Department of Environment & Conservation regarding the impact of any listing of LHSGIF on the outcomes in the Thornton North Master Plan. Advice was received that the outcomes in the Thornton North Master Plan provide for effective conservation of the LHSGIF community in vegetation corridors, in the Thornton North area. The DEC will consider the best means to provide certainty for Council on the delivery of the conservation outcomes in the Master Plan, in conjunction with detailed planning for development and infrastructure. 1. The extent of LHSGIF in the Sydney Bioregion The preliminary determination by the Scientific Committee states that the LHSGIF community is “widespread throughout the Central to Lower Hunter Valley (NPWS 2000)”. This is confirmed in mapping undertaken for Council by Lisa Hill (2003), which shows a large number of areas of LHSGIF throughout the Maitland LGA. Mapping undertaken for the draft Regional Biodiversity Conservation Strategy (RBCS) for the Lower Hunter and Central Coast shows that the current amount of LHSGIF in the Lower Hunter and Central Coast region is approximately 31,617ha, which is approximately 48% of the total area of LHSGIF that existed in the same region prior to European settlement in 1750. This is a relatively high percentage compared to other vegetation communities in the Lower Hunter, which have not been listed as endangered or recommended for listing as endangered ecological communities. Nevertheless, the Scientific Committee conclude that, “Lower Hunter Spotted Gum Ironbark Forest in the Sydney Basin Bioregion is likely to become extinct in nature in New South Wales unless the circumstances and factors threatening its survival cease to operate, or it might already be extinct”. It is therefore recommended that Council’s submission to the Scientific Committee commence by noting the relatively high proportion of the LHSGIF community remains and that the submission include a copy of the recent mapping undertaken by Lisa Hill for the Maitland LGA.

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

2. “The factors threatening its survival” The preliminary listing notes that, “much of the remaining LHSGIF … shows evidence of disturbance”, and notes that there are “clearing pressures from rural residential and residential subdivisions, as well as for rural activities (e.g. vineyards)”. It states that these factors “continue to threaten the community, particularly in the Cessnock LGA”. It is therefore important that Council’s submission to the Scientific Committee include comments on the extent of threat to LHSGIF in the Maitland LGA, as discussed below: a) Clearing Pressures from Residential & Rural Residential Development In the Maitland LGA, there are a number of instances of residential and rural residential subdivision, which have been approved or constructed in areas of LHSGIF. These developments are almost entirely completed and are the legacy of past decisions, which have been made based on community values and the best information available at the time. In recent times, Council has adopted the Maitland Greening Plan, which identifies the significance of native vegetation in the Maitland LGA and seeks to identify means of conservation of native vegetation in public and private ownership. This clearly signals a change in community attitude towards conservation in the Maitland LGA. Following on from these principles, the Maitland Urban Settlement Strategy identifies appropriate opportunities for residential and rural residential development and almost entirely excludes development from areas of native vegetation. The most significant exception is the Thornton North area, where some loss is proposed in the context of conservation corridors. However, this landscape approach to conservation planning has been endorsed by the Department of Environment & Conservation. Council’s submission should therefore stress that residential and rural residential development pressures do not pose a significant threat to LHSGIF in the Maitland LGA. b) Clearing Pressures from Rural Activities In rural areas in the Maitland LGA, LHSGIF is largely fragmented and disturbed due to the history of rural land use, with the exception of large areas of structurally intact vegetation in the south-east of the Maitland LGA, around the Bloomfield and Donaldson Mines. Rural Development is limited due to the provisions of Maitland Local Environmental Plan 1993, including provisions, which require consent for the removal of any tree in excess of three (3) metres in height, throughout the Maitland LGA. The vegetated areas in the south-east of the LGA have been identified for conservation in the draft Thornton to Killingworth Sub-Regional Conservation & Development Strategy, which was produced by the Department of Infrastructure Planning & Natural Resources. It can therefore be concluded that there is little pressure for development in rural areas in the Maitland LGA, other than for grazing, which would continue to be

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

allowed without consent, under the threatened species regulations, if LHSGIF is listed as an endangered vegetation community. Council’s submission should therefore note that pressures from rural development are also limited in the Maitland LGA and that land use decisions are being made in the context of holistic strategies for conservation and development such as the Maitland Urban Settlement Strategy and the Lower Hunter regional Strategy, which is currently being produced by DIPNR. 3. The lack of secure reserves. The preliminary determination by the Scientific Committee notes that; “Approximately 2900 hectares of Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion is now protected within the NPWS reserve system, mainly in Werakata Park (Bell in press). This represents less than 5% of the community’s modelled pre-1750distribution (House 2003)”. The inference in the above statement is that the community needs to be more adequately protected in secure reserves to ensure its survival. Council’s submission should therefore address the potential for secure, long term conservation outcomes in the Maitland LGA. The preliminary determination notes that; “A sizeable core of the vegetation community occurs between Cessnock and Beresfield.” This area extends into the Maitland LGA in the areas surrounding Donaldson and Bloomfield Collieries and has been described as “heavily vegetated area to be retained” and as part of a “Primary Vegetation Corridor”, in the draft Thornton to Killingworth Sub-regional Strategy. This area has been identified as having high conservation value and Council resolved, in August 2003, to achieve the preservation of such areas, with the land being owned and managed by private landowners or, where there is demonstrated significant benefit, by Council. Investigations have begun to consider the scope for Council to acquire significant areas of bushland for community benefit. Whilst it is unlikely that Council will be able to acquire large areas of vegetation for conservation, it should be noted that the approval for Donaldson Colliery by the State Government includes a condition of consent, which requires the creation of a reserve area to the north of the colliery. Although the creation of this reserve has not yet occurred, it could serve as a starting point for the provision of a core conservation area of LHSGIF in the Maitland LGA. The submission to the Scientific Committee should therefore highlight the positive outcomes that are being investigated by Council and other parties to secure areas of LHSGIF for long term conservation. It should note the Council’s revegetation initiatives in areas such as Four Mile Creek and it should stress that areas of vegetation can be secured for long-term conservation through appropriate local and regional planning strategies.

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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CONCLUSION It is recommended that Council lodge a submission to the Scientific Committee, as detailed in this report, to stress that significant amounts of LHSGIF remain in the Lower Hunter and to note that LHSGIF is being effectively conserved in the Maitland LGA. The submission should highlight the positive effect of current planning strategies by Maitland City Council and the State Government and the environmental initiatives that Council is undertaking in areas such as Four Mile Creek. It should be noted that a listing will create considerable uncertainty for planning due to the widespread and fragmented distribution of LHSGIF in the Maitland LGA. It is therefore important that the degree of threat in the Maitland LGA is not overstated and that any listing is based on sound evidence that the community is under threat of extinction, as stated in the preliminary determination.

FINANCIAL IMPLICATIONS The listing of LHSGIF has the potential to impact on the certainty of landowners, including Council, in areas where LHSGIF is located. It is likely to increase expectations regarding Council ownership of remnant areas of LHSGIF for long-term conservation.

POLICY IMPLICATIONS The listing of LHSGIF as an endangered community would require a review of existing Council policy, including the Maitland Greening Plan and in the draft Maitland Rural Strategy.

STATUTORY IMPLICATIONS The listing of LHSGIF would have statutory implications for development proposals in some instances, as described in this report, including the need for a species impact statement and approval from the Director General of the Department of Environment & Conservation, where a significant impact on LHSGIF may occur.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

File No: RZ 02-004

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

Responsible Officer: Peter Cameron Manager City Strategy

Author: Bo Moshage Town Planner

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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the Minister for Infrastructure and Planning (Planning Administration) with a request that the Minister make the plan.

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

REPORT BACKGROUND On the 24 February 2004, Council resolved to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 to introduce a new Rural Residential 1(d) zone with a minimum lot size of 2000m2 and to also rezone part of Lot 1 DP 1032210, Lot 1 DP 1033332 and Lot 1 DP 778266, 43-85 Dunmore Road Largs from Rural 1(a) Prime Rural Land to the new Rural Residential 1(d) zone. This new zone and the rezoning proposal are consistent with the Maitland Urban Settlement Strategy. The subject land is located on the northeastern fringe of Largs and overlooks the Paterson River floodplain. Subdivision is proposed for the elevated western portions of the land to be rezoned. The site is surrounded by rural land with agricultural activities including cropping (hay making) and grazing. In addition, the regionally heritage significant Dunmore House is located approximately 470m to the northwest. A locality plan is shown in Attachment 1. An indicative subdivision lot layout used by Council to determine the rezoning boundary is provided in Attachment 2. The exhibited draft LEP map is reproduced in Attachment 3 and the modified LEP map in Attachment 4. EXHIBITION In accordance with the provisions of Section 66 of the Environmental Planning and Assessment Act 1979, the draft LEP was placed on public exhibition at Council’s Customer Service Centre and the Maitland City Library from 29 April 2004 to 28 May 2004. Property owners adjoining the site were also notified by mail. SUBMISSIONS FROM GOVERNMENT AUTHORITIES A submission on the draft LEP was received from NSW Agriculture and is included in Attachment 5 to this report. The relevant issues are detailed below.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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NSW Agriculture NSW Agriculture acknowledged the importance of maintaining sufficient flood free refuge for each of the farming residues that would be created by subdividing the higher land and expressed concerns were expressed about the appropriateness of development in this area and the potential land management problems as a result of residential lots adjoining the residue farmland. Comment The exhibited draft plan has been adjusted to reduce the area to be rezoned to within a proposed perimeter ring road, which will act as a buffer to future agricultural activities on the residue rural lots. This will limit the potential for conflict between future land uses and help to maintain the area’s rural amenity by reducing the intrusion of rural residential allotments and infrastructure onto residue agricultural land. It will also maintain a significant proportion of the elevated land in the farming residue for flood-free stock refuge and the siting of farm buildings. Other potential impacts such as common fencing issues will be reduced by not having rural residential allotments directly adjoining the farming residues. The applicant’s anticipated lot yield of fifty-seven (57) lots in the revised draft LEP remains unchanged from the exhibited draft LEP. SUBMISSIONS FROM THE PUBLIC Thirty-three (33) submissions were received from the public in relation to the draft Plan, all objecting to the rezoning proposal in some way. No submissions objected to the proposed new 1(d) Rural Residential zone. Of the submissions relating to land rezoning, seventeen (17) submissions were duplicated and three (3) were cosigned. The minor adjustments to the zoning boundary are considered to address the concerns raised in the submissions, as discussed below: Stock Refuge Areas “Proposed development on valuable farm land, which should not be lost” “Proposed lots 51 to 60 inclusive should be deleted due to lack of stock refuge during flood periods” “development of the high land will destroy the viability of the farming residue” Comment The rezoning proposal is limited to that part of the elevated land adjacent to Dunmore Road. This area has a land classification suitable for grazing and occasional cropping. The rezoning does not propose any changes to the prime agricultural area corresponding to the farming flats, which is suitable for regular cultivation. In addition, significant elevated land is being retained for flood stock refuge in the three

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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(3) residue farms. Together these outcomes will assist in maintaining the ongoing viability of agricultural activities in this area. Continued Farming Viability “proposed lots 59 and 60 are too close and will have an adverse affect on adjoining livestock handling areas and should be deleted” “potential impact on working farms” Comment The physical separation of the perimeter ring road will form a buffer between the rural residential receptors and the farming residues. In addition, by not having rural residential allotments directly adjoining the agricultural land, common fencing issues will be removed. It is considered that this compromise will strike a balance between development opportunities on the higher land and the farming residue. Loss of Rural Amenity “Visual and scenic character will suffer” “Concerned with the prospect for the use of colourbond or similar fencing” Comment A significant proportion of the elevated land will be retained for agricultural purposes, offsetting the visual impact of rural residential development. In addition, the proposed introduction of view corridors within the future subdivision will also help to maintain rural vista to and from this area. The experience in other similar rural residential areas is that perimeter fencing within the subdivision will be rural in nature (i.e. post and rail), with colourbond or similar fencing limited to the dwelling house and immediate surrounding yard areas. Detailed assessment of this issue will be required with the subdivision and subsequent development applications for dwelling houses. Size of Proposed Lots “decrease the number of lots and increase overall lot size, particularly for those adjacent to the farm residue” “development of this scale will adversely impact on the semi-rural nature of the area, suggest 4000m2 allotments as better suited to maintain rural amenity” “Consider the minimum 4000m2 allotment size as better suited to this area”

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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Comment The site provides an opportunity for new rural living and also a transition between existing rural zones to the north and east, and areas of closer urban settlement on the western side of Dunmore Road. In identifying this area for rural residential development in the Settlement Strategy, Council has paid particular attention to the proximity of the site to the existing urban area of Largs and the availability of water and sewerage infrastructure in this area. The objectives of the 1(d) Rural Residential zone are to provide a suitable lot size within a fully serviced locality, and as the subject land will be serviced, the use of larger lots (4,000m2) would be an under-utilisation of the land. Stormwater and Drainage “The area has significant stormwater drainage problems” Comment The issue of stormwater drainage will be considered in detail at the development assessment stage. However, it is considered that there is sufficient area on the subject land to provide for stormwater management. Services “upgrade of Council services and infrastructure required to facilitate proposed development” Comment Preliminary advice from utility service providers is that the subject land is capable of being adequately serviced. This is an essential zoning objective and key requirement for development in the new Rural Residential 1(d) zone as identified by the Settlement Strategy. Access and Increased Traffic on Dunmore Road “Increase traffic on road system that cannot cope” “No more development until the third river crossing is completed” Comment Council has sought to ensure that future conflicts with adjoining farmland is minimized by way of the incorporation of a perimeter road into the indicative subdivision design. This has required the reconfiguration of lots within the indicative subdivision design and will be achieved at the expense of the developer by way of reduced lot yield. The alteration to the internal road layout has resulted in an increase in the number of lots accessing Dunmore Rd from five (5) to ten (10). However, on balance this is

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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considered to be acceptable, bearing in mind the number of existing lots, which directly access Dunmore Rd and the current 60 km/h zone. More detailed traffic design will be undertaken at the DA stage to ensure that satisfactory access arrangements exist for these lots and that safe and effective traffic movement is maintained on Dunmore Rd. Demand for Land “Proposed development not needed as already sufficient land in the locality” Comment Council’s Settlement Strategy provides a limited number of opportunities for rural residential investigations in areas, which are considered to be most suited to lower density residential development in the long-term. The subject land is one such area and is expected to provide for logical urban growth in the Largs area. In identifying development in this area, Council has paid particular attention to the proximity of the site to existing urban areas and the logical sequencing of water and sewerage infrastructure. Habitat Destruction “oppose development as many species of fauna inhabit the area and will be affected by the destruction of their habitat” Comment A flora and fauna assessment was submitted with the rezoning application and given the highly disturbed nature of the site no threatened flora and fauna species were identified on the subject land. Where possible vegetation on site will be retained and supplemented by screen planting, particularly on the northern boundaries. Development conditions can be applied to the northern facing lots to help filter views of future rural residential development from the heritage significant Dunmore House.

CONCLUSION The new Rural Residential 1(d) zone and the proposed rezoning of the subject land are in accordance with the Maitland Urban Settlement Strategy and represent an opportunity in Largs to create new rural residential land near to a variety of services and existing infrastructure. Having regard to the key issues, the new Rural Residential 1(d) zone and the rezoning proposal are considered to have planning merit. It is therefore recommended that the draft LEP be referred to DIPNR with a request for the Minister to make the plan.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

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

POLICY IMPLICATIONS The adoption of this amendment to the Maitland LEP 1993 will introduce a new Rural Residential 1(d) zoning requirement and change the existing zoning provision for this site to a 2000m2 (minimum) rural residential area.

STATUTORY IMPLICATIONS The statutory process for preparing an amendment to the Maitland LEP 1993 is detailed in Part 3 of the Environmental Planning and Assessment Act 1979.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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10.3.4 CHANGES TO AREA HEALTH SERVICE BOUNDARIES

File No: 68/1

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation Services

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

OFFICER'S RECOMMENDATION THAT:

1. The information be received and noted.

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

REPORT On 27 July 2004, the Minister for Health, the Hon Morris Iemma, announced changes to Area Health Service boundaries effectively immediately. The number of area health services has been reduced from seventeen (17) to eight (8) with Hunter Health now being part of a new organisation called the Hunter-New England Area Health Service. It covers the former Hunter and New England area health services as well as the Great Lakes, Greater Taree and Gloucester local government areas. The Hunter-New England Area Health Service headquarters will be in Newcastle with a regional office in Tamworth. Boards no longer govern area health services. Mrs Terry Clout, who was the Mid North Coast Area Health Services CEO has been appointed as acting administrator of Hunter-New England Area Health Service. The CEO of New England Area Health Service, Fergus Fitzsimons and Dr Nigel Lyons from Hunter Health have been appointed as Mr Clout’s deputies. Over the next six (6) months, the new organisation will be established and during this time the position of a permanent CEO will be advertised and the new governance structure finalised. In the Minister’s news release, it was announced that the reform plan for the NSW health system would direct an estimated $100 million into frontline health services.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Changes to Area Health Service Boundaries (Cont.)

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“Phase one of the plan involves consolidating the existing 17 Area Health Services into 8 larger regions. The Minister said the new structure would create a new forward looking health system that will be better equipped to address the current and emerging challenges confronting the health system.” Mr Iemma stated that the reforms were guided by three principles.

1. Creating a more efficient health system by reducing administrative duplication and inefficiencies – by amalgamating the existing seventeen (17) area health services into eight (8) larger areas.

2. Improving the distribution of the health workforce by linking areas well served by specialist medical workforce with areas of workforce shortage to enhance community access to medical services

3. Ensuring a strong voice for communities by creating Area Health Advisory Councils which will provide direct advice and input to the new area chief executives and develop five (5) and ten (10) year clinical services plans for individual areas. A new peak body called the Health Care Advisory Council will also be formed to develop five (5) and ten (10) year plans for health.

Whilst the NSW Government have identified the following benefits for local health services, the changes and affects on our communities will not be specifically known for some months. It is envisaged that the restructure will result in a reduction in administrative positions over a period of approximately two (2) years in consultation with health service unions. Benefits

• Additional resources for frontline clinical services, creating Area Clinical Services Plans to map future service delivery.

• The partnering of population growth centres with existing centres of excellence and specialist medical expertise.

• Improved access to services and capacity in teaching hospitals. • Enhanced linkages between hospitals to allow for greater spread of specialist

services e.g. Tamworth and Armidale hospitals will have greater access to specialists from Hunter hospitals.

• Improved academic and teaching links between hospitals. Changes to the Health Services Act will be made to include the role of new Area Health Care Advisory Councils in legislation. The Health Care Advisory Council (HCAC) will be guided in its work by thirteen (13) new Health Priority Taskforces (HPT), which will focus on the following disciplines:

• Acute care • Aboriginal health • Children’s health • Chronic, aged and community health care • Critical care • Models of care and sustainable access • Information management and technology • Maternal and perinatal health • Mental health

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Changes to Area Health Service Boundaries (Cont.)

Page 64

• Metropolitan clinical taskforce • Public health • Rural health • Workforce development

Mr Ian Sinclair and Ms Wendy McCarthy will conduct a statewide consultation process on the creation of the new Area Health Care Advisory Councils. This consultation process is designed to create a clearer picture of community expectations, and desires for current and future health services.

FINANCIAL IMPLICATIONS There are no financial implications associated with this report.

POLICY IMPLICATIONS There are no policy implications associated with this report.

STATUTORY IMPLICATIONS There are no statutory implications associated with this report.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 65

10.3.5 ENTRY CURFEW FOR LATE NIGHT VENUES

File No: 29/30

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Frances Holz Community Safety Officer

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

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

REPORT Introduction: A trial 1am entry restriction was introduced last year at the behest of Maitland Council as a measure to help curb anti-social behaviour by patrons migrating between the Clubhouse Hotel and the Valley Brewery, the two late trading venues in the CBD. A 1am entry restriction was imposed by Council on the Valley Brewery as a condition of consent to its development application for a 12-month trial extension of trading hours from 2am to 5am on Saturday and Sunday mornings. Although deferred commencement consent was granted in September 2003, the Brewery did not begin its trial extended trading until 23 January 2004 after required noise abatement and other conditions had been completed. As a result, the 1am entry restriction at the Brewery is mandatory, at least until January 2005. The Clubhouse Hotel introduced its own 1am restriction in September 2003 for a trial three-month period, and following discussions with Council officers eventually agreed to implement the curfew for a 12-month trial period, although the venue would review the situation “on a monthly basis to ensure its effectiveness”. The restriction was lifted by the venue in February. As indicated in a report to Council in April, Police have, since the lifting of the Clubhouse entry restriction, successfully sought reintroduction of joint street security

ORDINARY MEETING AGENDA 24 AUGUST, 2004

ENTRY CURFEW FOR LATE NIGHT VENUES (Cont.)

Page 66

patrols between the two venues, which have now been in place for several months. Informally police have advised that they have not received any complaints from residents since. As a result of reintroduction of the street patrols, and following discussions with resident complainants, a S104 complaint previously lodged with the Liquor Administration Board (LAB) regarding the Valley Brewery has been withdrawn and a LAB conference scheduled for May 6 was subsequently cancelled. The matter was listed for review on July 26, however Council has not yet been advised of the outcome. Current status: After some delays, the Clubhouse Hotel has since been sold, and new owners and licensees took over in June. Council resolved at its April 27 meeting that:

1. Council as a matter of urgency urge the owners of the Clubhouse Hotel to reintroduce the 1am entry restriction, with a clause that it be reviewed by Council in three (3) months as to the effectiveness; and

2. In the event the owners fail to introduce a 1am curfew, Council seek a s104

injunction in the Licensing Court. In line with Council’s resolution, a number of letters were sent to the former licensee and owner but without formal response. A meeting to discuss the issue and outline Council’s position was held at the end of June between Council officers and the new owner, who stated she had been unaware of the Council’s curfew request. The meeting was followed in July by a letter requesting that she advise Council within 7 days of her intention regarding Council’s resolution (see Attachment 1 below). A letter from solicitors representing the new proprietors is also attached for Council’s information (see Attachment 2 below). The letter indicates that the new proprietor:

Opposes a 1am curfew for the Clubhouse Hotel, and •

• Will oppose any application for an injunction pursuant to Section 104 of the Liquor Act 1982.

It also states that on short notice there was not time to fully prepare a submission in support of its position against the curfew, that the hotel was purchased in good faith and without prior knowledge of Council’s attempt to impose a 1am curfew, and that the new owner’s interest would be severely prejudiced if the curfew was imposed. The letter concludes that: “unless a settlement can be reached which does not prejudice our client’s interest in respect of its commercial and business operations, then the commencement of any proceedings by Council will necessarily involve significant expense for all parties”.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

ENTRY CURFEW FOR LATE NIGHT VENUES (Cont.)

Page 67

CONCLUSION: It is apparent that at this stage at least, Council’s attempt to achieve a voluntary reintroduction of a trial 1am entry restriction for patrons of the Clubhouse Hotel reviewable by Council after three months has failed. The second part of Council’s resolution is to take action pursuant to Section 104 of the Liquor Act 1982. This would involve lodging a complaint with the Liquor Administration Board (LAB) alleging undue disturbance of the quiet and good order of the neighbourhood, and may result in a conference to hear submissions relating to the complaint. While prohibiting the admission of patrons after a certain time is one of the permissible conditions that may be imposed by the LAB, that outcome must be proved warranted in the eyes of the Board. Possible outcomes are that the Board may:

Impose, vary or revoke conditions of the licence, •

Adjourn the conference subject to implementation and continuation of undertakings given by the licensee,

Issue a warning to the licensee, or

Take no action.

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 68

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

File No: 10/5

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation Services

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

OFFICER'S RECOMMENDATION THAT:

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

St Vincent De Paul Society (East Maitland) $ 750.00

Salvation Army $2,000.00

Maitland Gospel Trust $ 200.00

Anglican parish of East Maitland $ 200.00

St Vincent De Paul Society (Maitland) $ 750.00

Mai-Wel Industries $2,000.00

REPORT Six (6) applications have been received for exemption from waste disposal charges at the Mount Vincent Waste Depot for the 2004/2005 financial year. In 2003/2004 an exemption of $400.00 was granted to The Society of St. Vincent De Paul (East Maitland) and they have requested an exemption of $750.00 for the 2004/2005 financial year. Both the Salvation Army and Mai-Wel Industries received a grant of $2,000.00 for 2003/2004 and have requested an exemption of $2,000 for 2004/2005. Maitland Gospel Trust and the Anglican Parish of East Maitland have requested the same exemption as last year in the amount of $200.00. St Vincent De Paul Society (Maitland) received an exemption of $600 in the last financial year and have requested $750.00 for 2004/2005.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Exemptions from waste disposal charges at waste depot for 2004/2005 (Cont.)

Page 69

It is recommended that for the 2004/2005 financial year, the following exemptions be granted: The Society of St. Vincent De Paul (East Maitland) $ 750.00 The Salvation Army $2,000.00 Maitland Gospel Trust $ 200.00 Anglican Parish of East Maitland $ 200.00 St Vincent De Paul Society (Maitland) $ 750.00 Mai-Wel Industries $2,000.00 TOTAL $5,900.00

FINANCIAL IMPLICATIONS The recommended allocations for assistance under Section 356 are within the provisions of the 2004/2005 budget.

POLICY IMPLICATIONS Approval of this exemption is in accordance with Council policy relating to Section 356 Donations.

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 70

10.3.7 LIBERTY SWING – MAITLAND PARK

File No: P22377

Responsible Officer: Judy Jaeger Manager Community & Recreation Services

Author: Brian Teare Recreation & Community Facilities Coordinator

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

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

REPORT On the 22nd May 2004, Variety, The Children’s Charity, “Bash”, terminated in Maitland. On this occasion Mayor Peter Blackmore accepted, a “Liberty Swing”, as a gift to the city from Variety, The Children’s Charity. The swing has been especially designed for children who use wheelchairs and will provide increased opportunities for play, for children with a disability. The swing has now been installed, in accordance with universal design principles, in Maitland Park adjacent to the existing accessible playground. The swing is surrounded by rubber surfacing and is enclosed. The cost of supplying and installing the swing, the rubber surfacing and the surrounding fence, is estimated to have exceeded $33,000. This cost has been met entirely by Variety, The Children’s Charity. The Maitland Park playground is very popular and the inclusion of the “Liberty Swing” will further promote the park as a premier venue.

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

LIBERTY SWING (Cont.)

Page 71

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 72

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

File No: P24104

Attachment: Plan of Land

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation

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

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

REPORT In 1998, Maitland Gilbert & Sullivan Musical Society Inc. approached Council regarding the possible lease of Council owned land in Rose Street, Maitland, for the erection of a facility for the storage of props and other Society activities. The resolution of Council in January (13/99) 1999 was that Council:

1. “Agree to lease that part of the Lot 38 Rose Street not required for trunk drainage works to Maitland Gilbert & Sullivan and Musical Society for twenty-one (21) years at an annual rental of ten percent (10%) of the Society’s net takings from annual productions, with a minimum annual lease payment, in advance to $500 which shall be indexed annually to the Sydney CPI;

2. Grant authority to affix the Common Seal of Council to the lease document; 3. Execute the lease upon issue of development consent.”

The site the Society is seeking to lease is Lot 38 in Rose Street (plan attached). The site is zoned 2(b) flood liable residential under the Maitland L.E.P but a storage facility of the nature proposed by the society is a permissible development with consent of Council. Part of the site is required for trunk drainage extensions but the balance of the site is suitable for the Society’s needs. For reasons unknown, the Society did not proceed with this project at that time but would now like to pursue this option and the original resolution of the Council. In correspondence received from the Society they wish to confirm the Council proposal and lodge a development application for the construction of a storage facility, at their

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Maitland Gilbert and Sullivan Musical Society Inc - Proposed lease of land (Cont.)

Page 73

cost. In this regard, a formal lease should not be executed until the Society has obtained the relevant statutory approvals. At present, the Society use storage space within the Maitland Gaol complex and this is a short-term option, given the decision of the Council for future use of the Gaol. Maitland Gilbert & Sullivan Musical Society Inc. would continue to hire the Maitland Town Hall for its annual productions and see the benefits of storing their props and equipment close by in Rose Street. The Society have also offered space within this proposed facility to other community groups. This is of assistance to Council given that a number of community organisations approach Council to provide storage or meeting space.

FINANCIAL IMPLICATIONS Lease arrangements will provide additional income on otherwise non-revenue producing land.

POLICY IMPLICATIONS This matter has no policy implications associated with this report.

STATUTORY IMPLICATIONS There a no statutory implications associated with this report.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 74

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

File No: 61/32/2

Responsible Officer: David Simm Manager Environmental Programs

Author: Duncan Jinks Trainee Environmental Health Officer

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

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

REPORT Clean Up Australia is a community environmental organisation whose primary focus has been on the annual Clean Up Australia Day event. Maitland Council has been a proud supporter of Clean Up Australia since 1990. Clean Up Australia has recently developed and commenced implementing the Nationwide campaign ‘ Say No to

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Participation in Clean Up Australia's 'Say No to Plastic Bags' campaign (Cont.)

Page 75

Plastic Bags’. This campaign focuses on raising community awareness of the serious environmental harm that plastic bags cause to the environment. In the Hunter alone 207 million shopping bags are taken home each year, many of which are only used once, and for a very short period of time. Council’s recent local efforts in conjunction with the Hunter Waste Educators Group (HWEG) to raise awareness about the issues surrounding plastic bag use have been working towards similar goals as the “Say No To Plastic Bags” campaign. Through this campaign a number of educational resources beneficial for the local promotion of this serious waste issue, are available to Local Council’s and community groups that register as Ambassadors to the campaign. The “Say No To Plastic Bags” campaign is focussed on a reduction and not a ban on the use of plastic bags with a focus on encouraging the community to use alternatives. Evidence of the participation of the larger retailers in the city can already be seen through advertising and the sale of alternative bags. Becoming an Ambassador to the ‘Say No to Plastic Bags’ campaign involves promoting the campaign in the local area using promotional material available to Ambassadors through Clean Up Australia. Supporting an existing national campaign with support from many of the major retailing companies, and widespread media coverage, is an excellent way to become involved in the promotion of a reduction in plastic bag use in Maitland. Council, by becoming an ambassador of “Say No To Plastic Bags” has the opportunity to assist in this worthwhile campaign while not calling on the resources of Council to provide material or financial assistance. By becoming an Ambassador to the ‘Say No to Plastic Bags’ campaign, Council will be furthering its support already given to the Clean Up Australia organisation through the annual Clean Up Australia Day event.

FINANCIAL IMPLICATIONS Participating in this campaign can be contained within current budgetary allocations. Additional funding opportunities can and will be sought to support the implementation and promotion of the ‘Say No to Plastic bags’ campaign from external sources.

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 76

10.3.10 PROPOSED PROJECTS - $200,000 ROAD FUNDING

File No: 35/33/10

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

Author: Chris McGrath Asset Engineer

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

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

REPORT At the 22 June 2004 Council meeting, Council resolved that an extra $200,000 be adopted for road works. There are a number of options for the allocation of this funding.

1. Select a project from Councils 2005/06 rolling works programme for roads eg additional reseals

2. Allocate to a separate project that currently has funding issues eg Kyle Street/Gardiner Road

3. Adopt a second tier programming approach by selecting projects that have merit (particularly amenity) but because of the factors used to develop the works programme struggle to make the priority list.

Background to Existing Programme. 3-Year Rolling Works Program Formulation In the formulation of Councils rolling works program, many factors are taken into consideration including: prioritisation, strategic plans, cost benefit analysis, safety, level of service. These factors are based on industry best practice and have various sub elements and levels of complexities that need to be determined each year. The rolling works program is divided into asset categories and sub categories. In the case of roads, -which is an asset category – the sub categories include:

• Urban Local Roads (ULR- Grant)) – Major Reconstruction • Roads to Recovery (Grant)- Major Reconstruction

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Extra $200,000 Road Funding (Cont.)

Page 77

• New Urban (MCC) – Completion of urban roads with no kerb • Reseal Program (Urban and Rural) – Treat sealed road before serious

deterioration starts • Rehabilitation Program – A form of economic and environmentally friendly

reconstruction of road pavement. • Rural reconstruction – Road of rural nature that need reconstruction • Other special projects such as Section 94 works and • Routine Maintenance

In effect, this categorisation is a form of tiering the available funding such that all areas are not neglected or at least some progress is being made in each category. When a cost benefit is performed for roadwork citywide, the high use roads intrinsically get the funding. Having funding split into sub categories enables the cost benefit to be done citywide, but only for those roads in each category. For example, all rural roads grouped together under the rural reconstruction program or all urban roads with no kerb under the new works urban program. Unsealed Roads In the case of unsealed roads, there is not a dedicated program to progressively seal the roads. To date, the initial sealing has been undertaken under the rural reconstruction program or small sections sealed under routine maintenance. The usage, length and current condition of the sealed rural network is such that few unsealed road “win” a vote of funding. Typically, the unsealed road network is not classed as a rural collector or rural distributor. Many are “no through roads” or access to a small number of residences. To date there is 35km of unsealed roads citywide. To seal all of these roads would cost in the order of $1.5Million. Routine Maintenance Routine Road Maintenance repairs defects that occur across the network on a day to day basis. This maintenance is essential so that increased deterioration is arrested and that the network is kept in a safe condition. Typically, jobs under routine maintenance are not more than $5,000 and are more likely well under $1,000. If routine maintenance is used for larger works, network coverage is reduced and hence the function of routine maintenance is compromised. Recommended Project Prioritisation for Additional Funding Council has a 10-year strategy for road construction and maintenance. This strategy is listed for review in the 2004/2005 Management Plan. Council is currently progressing well with its road works programming with clear benefits in road pavement condition being achieved. Notwithstanding this progress it has been estimated that approximately $22 million is required to bring the road network up to a satisfactory condition. The $200,000 injection of funding will provide tangible benefits to the road network on a site-specific basis. It should be noted however that with the mid to long-term nature

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Extra $200,000 Road Funding (Cont.)

Page 78

of road deterioration and the funds ($6Mill.) needed each year to maintain the current level of service, the additional funding will only have a very limited effect on network condition as a whole. It is recommended that the funding be allocated to specific locations outside the current rolling works programme. It is valid for this funding allocation to create a tier of funding for rural and urban projects that need a lift in level of service or have health and safety concerns and are likely to miss funding over the mid to long term. Furthermore the projects below solve specific problems that almost annually re-appear on Council’s Customer Request System. Projects Second Tier Funding – Possible Project Item Project Treatment Estimate Comments

1 Brush Farms Road, Pitnacree Initial Seal $45,000

Low use, regular seal/cycleway requests

2 Cultivation Lane, South Maitland Initial Seal $15,000 Low use. 3 Foster's Lane, East Maitland Initial Seal $7,500 Low use. 4

Lawrence Lane, East Maitland Initial Seal $10,000Low use, urban lane, regular seal request

5 Turners Lane, Millers Forrest Initial Seal (Part) $10,000

Low use Rural lane, regular request for sealing

6 Winders Lane, Lochinvar Initial Seal $35,000

Low use, Rural road, Regular request

7

City-wide Roundabouts (4) Large Heavy Patch $20,000

Not likely to be listed on the next three year works program.

8 Luskintyre Road Large Heavy Patch $15,000

Sections that are not on the next three year program

9 Maitland Vale Road Large Heavy Patch $35,000

Sections that are not on the next three year program

10 Melville Ford Road Large Heavy Patch $10,000

Sections that are not on the next three year program

11 Woodberry Road Large Heavy Patch $15,000

Sections that are not on the next three year program

12 Brisbanefield Road, Morpeth Light Rehabilitation $7,500

Sections that are not on the next three year program

13 City- wide intersections (Pavement) Mini Rehabilitation $35,000

Sections that are not on the next three year program

14 Government Road, Thornton (750 m from Raymond Terrace Rd.) Light Rehabilitation $110,000

Rural Road linking to urban areas. High Request. Needs reconstruction, but will be delayed.

15 Mannering/Edithville Rd, Millers Forest Light Rehabilitation $35,000

Sections that are not on the next three year program

16 Phoenix Park Road Light Rehabilitation $30,000

Total $435,000

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Extra $200,000 Road Funding (Cont.)

Page 79

From the above list the following projects have been selected. All have a regular customer service request history and the proposed improvement works would reduce Councils routine maintenance burden. Council, through the 2004/07 Management Plan consultation, received a petition from the residents of Winders Lane requesting the sealing of the road. The 23 June 2004 Council report on the Draft Management Plan indicated that the sealing works would be assessed in the 2005 review of the capital works programme. The sealing of Winders Lane will complete the sealing work required and result in improved resident amenity and reduced road maintenance costs. The provision of the additional funding in conjunction with the proposed closure of the rail crossing, result in Winders Lane being brought forward for consideration and recommended as a suitable project. Government Road Thornton has been listed because of concerns regarding safety and its ability to provide an adequate trafficable road surface over the next 2 to 3 years. To date Council has endeavoured to maintain Government Road to a minimum standard because of the future development of Thornton North and the requirement for the road to be upgraded as part of the development. The timeframe for the necessary rezonings and staging of the development of Thornton North is still being developed. The road is in a condition such that an interim treatment is required to maintain a satisfactory level of service. Recommendation (Total $200,000)

Project Treatment Estimate Comments 1

Winders Lane, Lochinvar Initial Seal $30,000

Regular request, Rail level crossing due for closure. Completes work at this location

2

Brush Farms Road, Pitnacree Initial Seal $40,000

Regular request for sealing. Potential for cycleway plus amenity improvements. 4 metre seal only and cycle

3 Turners Lane, Millers Forrest Initial Seal (Part) $10,000

Regular request, Seal near intersections (MR 104 and Woodbury Rd). Safety Merit.

4 Morpeth Street/Phoenix Park Road Largs Light Rehabilitation $30,000

Road in poor condition in vicinity of school and entrance to Largs

5 Government Road, Thornton (750 m from Raymond Terrace Rd) Light Rehabilitation $90,000

Rural Road linking to urban areas. Very High Request. High profile improvement, while waiting for reconstruction.

CONCLUSION The proposed works will allow Council to address specific road condition problems without compromising the integrity of the current rolling works programme and 10 year roads strategy. The works will deliver clear benefits to road users and residents alike.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Extra $200,000 Road Funding (Cont.)

Page 80

FINANCIAL IMPLICATIONS There are no financial implications for Council

POLICY IMPLICATIONS There are no policy implications for Council

STATUTORY IMPLICATIONS There are no statutory implications for Council

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Page 81

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

File No: 92/2

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

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

Author: Chris McGrath Asset Engineer

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

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

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

OFFICER'S RECOMMENDATION THAT:

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

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

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

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 82

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

REPORT Background The State Government classifies the State’s more important roads as either State or Regional for the purpose of allocation funding and responsibility between the RTA and Councils. The review of the classification of State and Regional Roads was announced last year as an initiative of the State Government. The review is intended to adjust the State networks to ensure that State resources are targeted to the most important set of roads that best meets the social and economic needs across New South Wales. The government has appointed a three-person panel to undertake the review. This panel has invited submissions for road reclassification from Councils and the RTA for consideration. The closing date for submission is 31 August 2004. The Significance of the Classification The reclassification review can have a direct financial implication for Council. If any of the existing State and Regional roads are reclassified to local, then the maintenance responsibility lies completely with Council. Roads reclassified from State to Regional will typically receive less funding and may need a contribution from Council. Conversely, if roads are classified to higher level it can alleviate the financial responsibility upon Council. This is particularly so as the roads in question need to be of a high standard or service level which translates into greater expense. It is important to get the classifications right. Current Classified Road in Maitland LGA:

Route Route Description Current Classification Route Funding

New England Highway (28 Km)

From Thornton to Lochinvar (LGA limits)

National Highway/ Sate Road

New England Highway

100% State and Federal

Raymond Terrace Road (15.5KM)

From Raymond Terrace to East Maitland

State Road Raymond Terrace Road 100% State

Cessnock Road (5.5Km)

From Cessnock Boundary to New England Highway

State Road Cessnock Road 100% State

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 83

Route Route Description Current Classification Route Funding

Morpeth Road (5.2Km)

From New England Highway to Morpeth Bridge

Regional RoadMorpeth Road

Block Grant & RTA Repair Program

High/Belmore/Maitland/Paterson/Tocal Roads (14.5Km)

From New England Highway (near Maitland Hospital) to Dungog Shire Boundary

Regional Road

High/Belmore/Maitland/Paterson/Tocal Roads

Block Grant & RTA Repair Program

Classification Guide Lines The State Government review panel has released road classification guidelines to assist in the preparation of submissions and determining the viability of roads changing classification. While there are ultimately no rigorous methods for classifying roads due the wide diversity of situations, the guideline offers definitions and tests for the determination of road classification. Definitions State Road (from the Road Classification Guidelines) The State Road network (including the National Highways) is formed by the primary network of principal traffic carrying and linking routes for the movement of people and goods within the urban centres of Sydney, Newcastle, Wollongong and the Central Coast and throughout the State. Criteria A road may be a State Road if its primary function meets at least one of the following criteria:

1. Links major commercial, industrial and residential areas and distribution centre and port within the Sydney, Newcastle, Wollongong and Central Coast urban centre.

2a. Links these major NSW towns with Sydney, Newcastle, Central Coast

and Wollongong.

2b. Links these major NSW towns with each other where there is significant interaction.

3. Links major regions throughout the State with each other

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 84

Regional Road (from the Road Classification Guidelines) Regional roads comprise the secondary network that together with State Roads provide for travel between smaller towns and districts and performs a sub arterial function within major urban centres. Criteria A road may be a Regional Road if its primary function meets at least one of the following Criteria:

• Links smaller towns with the State Road network • Connects smaller towns with each other • Performs a sub arterial function in major urban centres by:

- Supplementing the State Road network for significant intra-urban flows - Providing access for significant flows to other commercial and

industrial centres

• Provides access from the State Road network to major recreation and tourist areas of State significance

• Provides a town or suburban centre relief route for significant flows of through traffic, especially freight vehicles

• Provides access for significant flows of freight vehicles to major rural intermodal interchanges and urban distribution areas.

Councils Submission Based on the above criteria, the existing Regional and State Roads network in the Maitland LGA should remain the same. To ensure this, the submission will include evidence to support the current classification. The submission to the Classification Review Panel will include:

• A list of growth factors such as population, infrastructure, commercial,

industrial and tourism • Development scenarios • Latest traffic counts • A general rationale for the preservation of existing classification and the

inclusion of two major link roads as State Roads, as above. Further to the existing classified network, two other sections of road currently classed as ”local” have a strong case to be reclassified as State or Regional Road. These being:

• New route Chelmsford/Metford Roads - From New England Highway to Raymond Terrace Road

• New route Church/Allan Walsh/ Ken Tubman Drive

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 85

The submission is summarised as follows: 1.Existing New England Highway (28 Km) - From Thornton to Lochinvar (LGA limits) This road is obviously apart of the National Highway and needs no supporting evidence from Council to remain a “State” road. 2. Existing Raymond Terrace Road (15.5KM) - From Raymond Terrace to East Maitland This road is currently classed as a State Road. It connects two significant population areas of Maitland and Raymond Terrace as a primary link. It is also used as an alternative link from the New England Highway to the Pacific Highway, north of Raymond Terrace. Traffic volumes are significant and have a steady growth pattern. The development of Greenhills Shopping Centre contributes to this growth. 3. Existing Cessnock Road (5.5Km) - From Cessnock Boundary to New England Highway This road is currently classed as a State Road. It connects two significant population areas of Maitland and Cessnock. Traffic Volumes are significant and have a steadily grown. This road will be a feeder into the Extension of the F Freeway announced by Auslink. 4. Existing Morpeth Road (5.2Km) - From New England Highway to Morpeth Bridge This Road was previously classed as a State Road and was relegated to a special Regional Road as it leads to a significant tourist destination. Traffic volumes are significant and have steadily grown. The road originates from the New England Highway. 5. Existing High/Belmore/Maitland/Paterson/Tocal Roads (14.5Km) - From New England Highway (near Maitland Hospital) to Dungog Shire Boundary This Road was previously classed as a State Road and was re-classed as Regional Road in 1995/1996. Traffic volumes are significant and have been steadily grown. The Road links Maitland to Patterson and Dungog. 6. New route Church/Allan Walsh/ Ken Tubman Drive - From the crossroad of the New England Highway and Cessnock Road to Belmore Bridge (Regional Road). - See location plans below. This is a significant and essential supplementary route for through traffic, parallel to a primary route and in a critical and strategic location. Significant volumes of traffic AADT>10,000. Links major commercial area with State and existing Regional Road network. Cessnock Road in effect, has been stopped short of a direct route to the regional road and does no fully arrive at the Maitland CBD.

ENDA 24 AUGUST, 2004

Page 86

Table of Additional Roads for Reclassification Submission – To be submitted

Route Route Description Current Classification Fitting Criteria Submitted

Classification Comments

Church/Allan Walsh/ Ken Tubman Drive

From the crossroad of the New England Highway and Cessnock Road to Belmore Bridge (Regional Road)

Local Road

Significant and essential supplementary route for through traffic parallel to a primary route in a critical and strategic location. Significant volumes of traffic AADT>10,000. Links major commercial area with State and existing Regional Road network.

State Road

Connects through traffic from the existing State Road, Cessnock Road and the National Highway to Maitland and existing Regional Road, Tocal Road. Links to Strategic Hunter River Crossing (Belmore Bridge)

ORDINARY MEETING AG

ORDINARY MEETING AGENDA 24 AUGUST, 2004

Locations Proposed State Road Connection Allan Walsh and Ken Tubman Drive

Page 87

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

CONCLUSION The significance of the re-classification has a direct financial implication to Council in that if any of the roads is reclassified to local, then the maintenance responsibility lies completely with Council. The given criteria, while only a guide, gives Council and the State the opportunity to share more equitable funding arrangements and potentially, lessen the burden on Maitland rate payers for the use of through traffic on “local roads”. It is anticipated however, that while local authorities attempt to classify roads to a higher level, the State Government will attempt to lower the classification in the Maitland LGA. The submissions are a first step in the process. Further discussion subsequent reports to Council on progress will be forthcoming.

FINANCIAL IMPLICATIONS The re-classification of roads will add, remove or keep particular roads as candidates for funding from the State Government

POLICY IMPLICATIONS There are no policy implications for Council

STATUTORY IMPLICATIONS There are no statutory implications for Council

Page 88

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

File No: 122/944/3

Responsible Officer: Brad Everett Group Manager SP&R

Author: Ken Splatt Traffic Officer

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

OFFICER'S RECOMMENDATION

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

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

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

2. The conditions and kerbside restrictions recommended by the Local Traffic

Committee be approved.

REPORT The "Morpeth Jazz Festival 2004" will be held on the weekend of the 11th and 12th September 2004 (inclusive) necessitating the above temporary road closures and kerbside restrictions. The proposed event was advertised in the Maitland Mercury from 28th June 2004 to 30th July 2004, and flyers were delivered across the Morpeth postcode area. No submissions were received.

Page 89

Access for the Fire Brigade will be necessary and can be arranged via the barricades in Swan Street. All other vehicle movements can be accommodated by using Tank Street, High Street and Northumberland Street to bypass the closure area in Swan Street.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

MORPETH JAZZ FESTIVAL 2004 - TEMPORARY ROAD CLOSURES AND KERBSIDE RESTRICTIONS (Cont.)

A bus shuttle service will be in operation during the festival, transporting people from the Morpeth Common parking area and from remote locations such as Stocklands shopping complex at Green Hills, East Maitland. Local Traffic Committee Recommendations The application for temporary road closures was considered by Council’s Local Traffic Committee at the meeting held on 5 August 2004, with the following decision being recommended to Council: That the following temporary road closures, traffic conditions and kerbside restrictions be approved for the "Morpeth Jazz Festival 2004": - 1. Temporary road closures (for vehicular traffic only) be effected in the following streets from

7:00am Saturday 11th September 2004 to 6:00pm Sunday 12th September 2004: -

• Swan Street - Tank Street to Northumberland Street; • Berkley Street - Swan Street to Close Street; • Green Street - Swan Street to Close Street. • Elizabeth Street – Tank Street to Green Street.

2. Barricades be installed at the following locations: -

• Swan Street on the east side of Tank Street; • Swan Street on the west side of Northumberland Street; • Berkley Street on the north side of Close Street; • Green Street on the north side of Close Street. • Elizabeth Street on east side of Tank street

3. Detour signs be installed at the following locations: -

• Swan Street at Tank Street; • Tank Street at High Street; • Northumberland Street at High Street; • Swan Street at Northumberland Street.

4. The barricades be easily removable to allow Fire Service vehicles and other emergency

vehicles to enter / exit without excessive loss of time;

5. The organisers liaise with Lower Hunter Traffic Services prior to the event and comply with all Police requirements;

6. After completion of the festival, the area be cleaned of excessive rubbish and debris;

7. Temporary "45º Angle Parking" kerbside restrictions be installed in Swan Street, on the northern side, from George Street to 175.4m west of George Street;

8. Temporary "45º Angle Parking" kerbside restrictions be installed in James Street, on the

northern side, between Northumberland Street and Edward Street;

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ORDINARY MEETING AG

MORPET

ENDA 24 AUGUST, 2004

H JAZZ FESTIVAL 2004 - TEMPORARY ROAD CLOSURES AND KERBSIDE RESTRICTIONS (Cont.)

Page 91

9. Temporary "No Stopping” kerbside restrictions be installed in Tank Street, on the western

side, between High Street and Swan Street;

10. All temporary parking restrictions be supervised by the event organisers and all intermediate signposting be spaced at intervals of approximately 80m;

11. Suitably trained and accredited personnel be stationed at all barricade locations to assist with access for emergency vehicles.

Since Northumberland Street is part of the detour route through Morpeth, the festival organisers will be required to install weldmesh security fencing, combined with large, water-filled traffic barriers to act as a temporary road narrowing at the intersection with Swan Street. This will assist in controlling the pedestrian movements across this intersection.

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.

ORDINARY MEETING AG

ENDA 24 AUGUST, 2004

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10.3.13 PLAYING FIELDS AND RECREATION FACILITY - SOMERSET PARK

File No: 103/41

Attachments: Correspondence

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Leanne Harris Manager Corporate Planning

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

OFFICER'S RECOMMENDATION THAT

1. The contents of this report be received and noted

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

REPORT Works In Kind Since the commencement of the residential development in Somerset Park, Council has collected contributions from the developer under Section 94 of the Environmental Planning and Assessment Act, 1979. A specific Section 94 Plan applies to the Somerset Park development area and contributions have been collected for local works including open space, a community facility, road infrastructure and trunk drainage as well as contributions towards city wide facilities such as cycleways, open space and libraries. To date, the developer has completed the trunk drainage works progressively with the development and several of the road infrastructure works have been undertaken by the Council, as demand has arisen. Provision remains in the plan for the community facility and augmentation of the local open space areas, where it has been agreed that to meet demand, playing fields and a playground are required.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 93

Given the estate is nearing completion, and the majority of contributions have now been collected, Council made provision in the 2004/05 management plan for the following works: a) Construction of a multipurpose recreation facility ($460,000) – local level community /

recreation facility, fully funded from s.94 contributions b) Construction of sporting fields, playground, carparking area and landscaping works

($390,000), fully funded from s.94 contributions Council is holding the money for these works, in trust, as a result of progressive contributions from the developer in conjunction with the staged completion of the subdivision. Council has received a written request from the developer (see attachment 1), seeking approval for the construction of the sporting fields and recreation facility to be considered as works in kind. As Council is already holding the section 94 contributions, the developer has offered to physically construct / project manage the works, utilising those funds. To date the developer has retained the open space network within their ownership and has therefore been responsible for the maintenance and appearance of these areas. This has obviously played a role in the marketing of the Estate, and the developers have indicated that they are eager to be involved in the completion of the open space augmentation, including the playing fields and associated facilities, to finalise their obligations and facilitate completion of the Estate to a suitable standard. Any such arrangement would need to be subject to a formal, legally binding, deed of agreement between the Council and the developer, subject to specific details being clarified and agreed upon, including for example:

• Entire scope of works involved (detailed specifications) • Value of works compared with contributions collected • Timing of works • Standard contractual arrangements – warranty, insurances, defects, indemnity etc

Following extensive consultation with Council Officers, the developer is currently preparing a development application to cover both the open space augmentation works and the recreation facility, and it is understood that this application will be lodged with Council in the near future. This will provide significant detail on the proposed works and can form the basis of further negotiations surrounding a formal Works In Kind agreement. The purpose of this report is to inform the Council of the request and recommend that Council grant approval ‘in principle’ for the works to be considered ‘in kind’, subject to further negotiations and details, as discussed in this report, being clarified. Dedication of Land In March 1995 the Council of the time was presented with a report concerning the proposed dedication of open space, archaeological reserves and wetlands at Somerset Park. The report recommended that Council pursue options for ‘private’ ownership (via community title) of the land as the amount of land involved was significantly in excess of Council’s requirements and would have significant long term financial implications for Council, in terms of maintenance and future management. Council however, formally resolved to accept dedication of all of the land proposed by the developer.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 94

To date, the developer has retained ownership of all of the open space areas within the estate and has been responsible for the ongoing maintenance of the land, which forms an integral part of the overall marketing of the estate. As indicated in the most recent correspondence however, given the estate in nearing completion, the developer is now seeking to start formally handing over the land involved. Given the previous resolution of the Council, this is a relatively routine matter and will be subject to liaison with Council staff to ensure that the open space network is in an acceptable condition when dedicated. Council should however be aware that future maintenance of the land is likely to be less intensive than that routinely undertaken by the developer to date and will have longer term measuring implications for Council. Convenience Store The Development Control Plan that applies to the Somerset Park Estate, suggests a possible site for a ‘convenience store’ within the development, to cater for localised shopping needs. The land involved is zoned 2(a) residential and a convenience store is a permissible form of development within this zone. As indicated in the correspondence however, shopping facilities in Thornton have changed somewhat since the DCP was originally prepared and the need for such a facility is therefore questionable. The developer has suggested a formal amendment to the DCP, however as the landuses shown in any DCP are indicative only, and the lot involved is of standard residential dimensions and character, no formal amendment of the DCP is considered necessary. A development application for a future house could be assessed on its merits.

FINANCIAL IMPLICATIONS This matter is recommending that Council consider an ‘in principle’ approval for the recreation and open space works at Somerset Park Estate to be completed by the developer of the Estate as Works In Kind. The works are fully funded by Section 94 contributions and therefore have no impact upon Council’s adopted budget. The works are listed in Council’s 2004/05 Management Plan and are therefore scheduled for completion this financial year. The formal dedication of all of the open space lands within the Somerset Park Estate as previously agreed to by Council will have longer term financial implications dependent upon the standard of future maintenance which will be less than that currently provided by the developer

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.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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10.4 CITY WORKS AND SERVICES

10.4.1 METFORD ROAD WORKS DEPOT ASSET MAINTENANCE & IMPROVEMENT PROPOSALS

File No: 137/625 & 12/10

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Ashley Kavanagh Trainee Engineer

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

OFFICER'S RECOMMENDATION THAT:

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

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

REPORT Background: A number of reports have been prepared for management and Council over the last ten (10) years in regard to the Metford Road Works Depot location, maintenance and improvement proposals. This report provides details of maintenance and improvement works undertaken since 1999, after the decision was made to consolidate on the existing site for the present time.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 96

Recommended asset maintenance and improvement works, estimates of costs, benefits, proposed staging of the works and funding sources are also detailed in the report. Land Title and Ownership: The Metford Roads Works depot is located on Lot 265 DP 755237 Parish of Maitland, County of Northumberland, having an area of 3.296 hectares. The land is Crown land, being wholly covered by reserve R84737 for Local Government Purposes, as notified in the NSW Government Gazette 7th February 1964, folio 373. As there is no formal reserve trust appointed on behalf of the Crown, trusteeship devolves upon Maitland City Council. Permitted uses include Council’s operational activities, such as a works depot, but do not include community uses such as swimming pools and public halls. Council is empowered to sign a development application (DA) as owner, after giving 14 days notice to the Department of Lands of Council’s intention to do so. Council Works Depot Location Suitability Study (1996): A major report on the Metford Road Works Depot was finalised by Gutteridge Haskins and Davey (GHD) in February 1996. The report concluded that Council’s works depot should be located in the eastern sector of the City. The economic evaluation showed that staying at the Metford Road site was the most desirable option in the short term (ten (10) years). The recommendation to consider relocating the depot after ten (10) years was partly based on an expected market value for the Metford depot, including the land. This resale value will not be realised as Council does not have freehold title to the land. The cost to develop a new depot, in 1995 dollars, was estimated at around $3 million. The estimated remaining lives of infrastructure at the depot in 1995 included; brick buildings – 15 years, metal clad buildings – 25 years, and lighting, hardstand areas, fencing and fuel tanks – 10 years. Various maintenance works carried out since 1995, has extended the life of some of these items. The GHD report highlighted four (4) key management problems with the existing Metford Road Works Depot. These were; 1. Adequacy of amenities and work environment. 2. Separation of personnel with related functions. 3. Traffic Movements. 4. Potential Pollution to watercourses.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 97

Metford Road Works Depot Improvements 1999 / 2000: Reports were provided to the General Manager on 1st March 1999 and to Council on 23rd March 1999. One outcome of these reports was to confirm the position to consolidate the Works Depot at the Metford Road site. This was due to the central location, making it ideal for undertaking future works in the Council area, and the economic evaluation that took into account the land value, which would not be realised. As a result of Council not owning the land it is more economically feasible to stay at the present site for well beyond the timeframe recommended in the 1996 consultant’s report. On 23 March 1999, Council adopted a recommendation to allocate $108,100 to replace existing portable staff amenities buildings with a new permanent structure (men’s and women’s toilets, showers and locker room), construct a new Building Services shed, upgrade the workshop amenities (toilet, shower and locker room), and carry out repairs and improvements to the brick first aid building amenities (men’s toilets, shower and locker room). These works were completed in 1999 / 2000 at a total cost of $112,688.37.

rd

Depot Works Completed 2000 / 2001 and 2001 / 2002: Items on the long-term development and improvement list for the Works Depot that were completed, in 2000/2001 include; (i) Erection of a centralised storage shed for the Rural Fire Service bus and equipment.

Expenditure $57,500. (ii) Repairing and improving the Depot. (Budget $53,500):

• Main perimeter fence mesh replaced. • New Carpenters shed concrete floors, retaining wall and drainage constructed. • Grated pits and drainage for Plant shed No. 1 installed. • Bunding of bottom workshop bays and connection of drainage to oil separator. • Installation of electronic perimeter security beams.

Maintenance works completed in 2001 / 2002 include; (i) Lower yard fence repairs. (ii) Painting in the workshop. (iii) Repairs to failures in bitumen sealed sections of the yard. (iv) Provision of kerb, footpath and drainage connection to the lower amenities block.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 98

Depot Works Completed 2003/2004 A report was provided to Council in April 2003, detailing a five-stage approach for future maintenance and improvement of the works depot assets. The five-stage plan was adopted at the Council meeting on the 22nd April 2003. Council allocated $220,000 for stage 1 of the works plus $17,000 for bitumen resealing in the 2003/04 management plan (Total $237,000). These works were completed in 2003/2004 at a total cost of $241, 466.77, and included the following;

• Erection of secure Civil Works vehicle storage shed with concrete flooring and

drainage of site. Expenditure $113, 077. • Bitumen seal yard around new plant shed through to sealed section in front of

painters/carpenters shed. Expenditure $21, 303.

• Install dust extractors in carpenter’s workshop. Expenditure $18, 823.

• Extension and improvements of store building. $88, 264 expended on the following;

- Erection of additional bay on store building - Removal of asbestos cement roofing from store and replacement with

colorbond - Installation of new ceiling - Removal of old loading platform - Additional shelving - Upgrade lighting - Electric motors on roller doors

Works Depot Location: The existing Metford Road Works Depot should stay in its present location for a period of not less then twenty (20) years due to economic and practical reasons. Expenditure on, and properly planned maintenance and improvement of, infrastructure in the depot, should ensure that a period in excess of twenty (20) years becomes a reality. This will however, require replacement of some assets during the period. Some of the major benefits of the current site include; • Central location to carry out work in the Council area. • Proximity to the major road network, and accessibility in major flood events. • The area is appropriately zoned for the purpose. • The area of land is adequate, but could be better utilised. It is not envisaged that there

will be a major long-term increase in works carried out by the City Works & Services Group, that will require a major expansion of the site. If needed, the area can be expanded by installing culverts in the creek between the main yard and the lower yard.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 99

• The depot is on land which is currently a gazetted Crown reserve under the trustee-ship of Council for Local Government purposes (as a works depot). This tenure is considered to be secure.

Stage 2 to Stage 5 - Maintenance and Improvement Work The following stages and estimates were reported to Council on 22nd April 2003 when the 5 stage Maintenance and Improvement works program was adopted. (ii) Stage Two (2) - $408,000:

• Construct store office and fit out plant shed No.1 for store space including phones, electrical, security, storage systems and racks. (Majority of this work was completed in 2003/2004 using the existing store building).

• Install new fuel bowsers and pumps (away from entrance) under cover near new store location. (Relocation now not a high priority after checking ages of underground fuel tanks)

• Bitumen reseal on section of the yard. • Construct a dangerous goods storage shed. (Completed in 2003/2004) • Widen access to lower yard. (Now programmed to be partly done in 2004/2005

from maintenance funds).

(iii) Stage Three (3) - $479,000:

• Convert current store building and extend to provide a more modern and efficient administration office for staff.

• Remove existing house (offices), construct staff and visitor car park, and landscape.

• Convert Civil Co-ordinators office to a training room. • Amend Depot traffic Management Plan. • Reseal section of yard.

(iv) Stage Four (4) - $219,000:

• Replace asbestos cement sheet roofs on remainder of depot yard buildings. • Reseal section of yard. • Erect roof to cover tractor fleet. • Widen main entrance. • Landscaping along Metford Road frontage (car parks) and around perimeter. • Install gantry crane in lower workshop. • Erect storage shed for Council organised community groups (Landcare and

Road Safety).

(v) Stage Five (5) - $112,000:

• Reseal remaining sections of yard.

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 100

• Erect vehicle and plant storage shed No. 2. The estimated total cost of all the above five (5) stages of works without any allowance for contingencies is $1,455,000. A recent review of the needs and priorities for the improvement works plan, outlined in the discussion paper for Councils Strategic Workshop 24 – 25 July 2004, identified the need for some modifications to the staging in which work is to be completed. The revised stages are proposed as follows;

(ii) Stage Two (2) - $288,130:

• Completion of store refurbishment • Covered area over store loading zone • Covered signs storage area • Fuel Bowser covered area and bunding • Triscan software upgrade • Reseal section of yard • Security fence and gates, including widening of front access • Design and approval for new administration building

Benefits of Stage 2 include;

- Maintaining the original position of the store allows for improved safety with regard to vehicle movements, easier accessibility for deliveries and minimises traffic flow disruption in the yard

- Increased storage in the store due to the store extension and better management and organisation of stock on new shelving.

- Environmental protection of surrounding creeks through better management of run-off water from fuel bowser area.

- Fuel bowsers to remain in the same position due to the quantities of fuel needed to be stored and the good condition of the existing tanks needed to store this amount.

- Greater efficiencies with the fuel recording system using up to date software, (this was moved from stage 1 of the program due to the latest version of the software not being released until this financial year).

- Greater security of the yard and a reduction in OH&S risk. - Widening the access (creating easier access for trucks entering and leaving the yard). - Planning and approvals carried out in stage 2 will allow work to commence on stage 3

in 2005. It is envisaged that this work will take a number of months to complete after a contract is let for the work.

(ii) Stage Three (3) - $843,860:

• Construct administration building • Reseal section of depot yard • Review depot traffic management plan

Benefits of the above stage of works include;

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

Page 101

- Six (6) separate supervisory, management, administrative areas would be combined into one area resulting in better team work, communication, use of office equipment, and operational efficiencies through better co-ordination of plant, materials and staff resources.

- Improved control of access to managers and co-ordinators.

- Reduction in office equipment; with estimated savings of $8,000 per year, plus an initial

one off saving of $7,000 for equipment not needed.

- Provides a centralised telephone answering and customer service area. More efficient use of administrative staff and less productive work time lost while walking between offices in the yard.

- Improved depot security, reduced safety hazards, improved presentation at front of

depot, and extra car parking spaces for staff and visitors.

(iii) Stage Four (4) - $195,300:

• Car park Upgrade • Reseal section of depot yard • Landscape perimeter of depot • Convert Civil Co-ordinators office to training room • Erect covered area for tractor parking • Gantry crane in workshop • Electric roller doors on carpenters workshop and truck shed

- Benefits of the above stage of works include; less travel for works staff to attend training sessions, protection of council plant fleet assets, improved efficiency and safety in the workshop.

(iv) Stage Five (5) - $179,700:

• Replace asbestos cement sheet roofs on buildings • Reseal section of depot yard • Renovate amenities block and kitchen in lunchroom

- Benefits of above stage of works include; reduced safety risk to employees, extension of life of bitumen yard surface and improved facilities for works staff. Asbestos roof replacement was moved to stage 5 as inspections and reports completed by Workplace Safety & Training Services on 30th May 2003 and J.A. Crockett Pty. Ltd. on 20th October 2003 stated that the asbestos cement sheet roofs at the council works depot “were in a sound condition” and that “ the roof area is made up of a very small percentage of asbestos material but it is mainly a cement based product. This is in the very low risk category” provided the sheeting was not broken in dry conditions. Following the risk assessments,

ORDINARY MEETING AGENDA 24 AUGUST, 2004

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

appropriate staff were advised of the risks and how these should be managed at tool box meetings. The estimated cost of revised stages 2 to stage 5 including an allowance for contingencies is $1,506,990. It is noted that the revised estimated cost for Stage 2 works has reduced from $408,000 to $288,130, however Stage 3 estimated costs have increased over the previous estimate. This has eventuated due to the timing of discreet items of work in the various stages.

FINANCIAL IMPLICATIONS The report to Council on 22nd April 2003 recommended the use of funds from revenue, asset sales and/or loans for the staged improvement program at the Metford Road Works Depot. Stage 1 ($220,000) was provided for in the 2003/04 management plan from loans, and the bitumen sealing works ($17,000) from asset management reserves. The adoption of this report will result in the allocation of funds ($288,130) previously received for land sales by Council, to the Stage 2 asset maintenance and improvement works at Council’s Metford Road Works Depot. Sufficient funds from land sales are currently held in reserve to cover the Stage 2 works. The total amount of completed land asset sales to date held in reserve is $2,747,123.13. Stage 3 works will be listed for funding consideration by Council as part of the 2005/06 Management Plan process.

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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ORDINARY MEETING AGENDA 24 AUGUST, 2004

11 NOTICE OF MOTION/RESCISSION

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

File No: 130/50/3

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

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

COMMENT BY GENERAL MANAGER It is noted that recent media reports indicate that the position of James Hardie Industries on this issue has now changed, and that it is likely that a provision for adequate compensation will be made. Regardless, and in the event that the Council wishes to carry the Notice of Motion, advice will need to be taken prior to acting on the Notice of Motion to ensure that any agreement sought by Council is not in breach of the Trade Practices Act and any related legislation.

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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ORDINARY MEETING AGENDA 24 AUGUST, 2004

12 QUESTIONS WITHOUT NOTICE

13 URGENT BUSINESS

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ORDINARY MEETING AGENDA 24 AUGUST, 2004

14 COMMITTEE OF THE WHOLE

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

File No: 137/1003

Responsible Officer: Richard Minter Manager Consulting and Contracts

Author: Ross Aquilina Survey Design Officer

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

OFFICER'S RECOMMENDATION 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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ORDINARY MEETING AGENDA 24 AUGUST, 2004

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

16 CLOSURE

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