minutes of ordinary meeting - tuesday, 27 july 2021
TRANSCRIPT
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes Pii
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION ........................................................................... 1
2 ACKNOWLEDGEMENT OF COUNTRY ..................................... 1
3 APOLOGIES, LEAVE OF ABSENCE AND REMOTE
ATTENDANCE .......................................................................... 1
4 DECLARATIONS OF INTEREST ................................................ 1
5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....... 2
6 BUSINESS ARISING FROM MINUTES ..................................... 2
7 MAYORAL MINUTE ................................................................. 2
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE
ITEMS OF BUSINESS ................................................................ 2
9 PUBLIC ACCESS ....................................................................... 3
10 OFFICERS REPORTS ................................................................. 5
10.1 TENAMBIT FLYING FOX CAMP UPDATE ....................................... 5
10.2 RESPONSE TO MARTINS CREEK QUARRY STATE
SIGNIFICANT DEVELOPMENT ....................................................... 7
10.3 DA 2020/1124 MULTI-DWELLING HOUSING - THIRTEEN
(13) DWELLINGS, SUBDIVISION - ONE (1) INTO TWO (2)
TORRENS TITLE LOTS, RELOCATION OF GARAGE, SITE
WORKS AND PAVING - LOT 391 DP 558104, 219 MORPETH
ROAD, RAWORTH RECOMMENDATION: APPROVAL ................... 9
10.4 PROPOSED REZONING - PART LOT 141 DP 1225076
MOUNT VINCENT ROAD, EAST MAITLAND OWNER:
DENNIS WILTON ......................................................................... 11
10.5 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL
PLAN 2011 - PLANNING PROPOSAL TO REZONE LAND AT
RAYMOND TERRACE ROAD, THORNTON OWNER:
CHARLEW PTY LTD ...................................................................... 14
10.6 RETURN AND EARN - ADDITIONAL RETURN POINTS FOR
CENTRAL AND EASTERN PARTS OF THE LGA ............................. 17
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10.7 MAITLAND AROMA FESTIVAL AND LEVEE ACTIVATION
2021 - TEMPORARY ROAD CLOSURES ........................................ 19
10.8 SUBMISSION TO IPART - REVIEW OF RATE PEG TO
INCLUDE POPULATION GROWTH .............................................. 21
10.9 SUBMISSION TO OFFICE OF LOCAL GOVERNMENT -
REVIEW OF GENERAL MANAGER AND SENIOR STAFF
REMUNERATION ......................................................................... 22
10.10 MORPETH BICENTENARY SMALL GRANTS PROGRAM .............. 25
10.11 POSTPONEMENT OF NSW LOCAL GOVERNMENT
ELECTIONS TO 4 DECEMBER 2021 .............................................. 27
11 POLICY AND FINANCE COMMITTEE .................................... 30
11.1 DESIGNATED PERSONS - DUTIES OF DISCLOSURE POLICY ....... 30
11.2 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2021 ................. 32
11.3 FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE
2021.............................................................................................. 34
12 NOTICES OF MOTION/RESCISSION ..................................... 37
13 QUESTIONS WITH NOTICE ................................................... 38
13.1 DR MORSE'S INDIAN ROOT PILLS SHED - MORPETH ROAD,
EAST MAITLAND .......................................................................... 38
13.2 JAMES ST RESERVE ....................................................................... 39
13.3 FLAT TRACK MOTORCYCLING FACILITY KYLE ST,
RUTHERFORD .............................................................................. 40
14 URGENT BUSINESS................................................................ 42
15 COMMITTEE OF THE WHOLE ................................................ 43
15.1 CONSIDERATION OF TENDERS - MATTRESS COLLECTION
AND RECYCLING .......................................................................... 43
15.2 CONSIDERATION OF TENDERS - TRAFFIC CONTROL
SERVICES ...................................................................................... 45
15.3 CONSIDERATION OF TENDERS - CHURCH STREET, HIGH
STREET & JOHN STREET, LARGS FOOTPATH .............................. 47
15.4 CONSIDERATION OF TENDERS - PATERSON ROAD,
BOLWARRA HEIGHTS FOOTPATH ............................................... 49
15.5 CONSIDERATION OF TENDERS - STEAMER STREET
MORPETH SHARED PATH ............................................................ 51
15.6 LITIGATION UPDATE ................................................................... 53
15.7 ELECTRICITY PROCUREMENT AND LED STREET LIGHTING ....... 55
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15.8 PROCUREMENT OF ANIMAL MANAGEMENT SERVICES ............ 58
15.9 MAITLAND GAOL - FUNDING OPPORTUNITY ............................ 60
15.10 GENERAL MANAGER PERFORMANCE REVIEW ........................... 62
15.11 CONSIDERATION OF TENDERS - VICTORIA ROAD &
PATERSON ROAD BOLWARRA FOOTPATH ................................ 64
15.12 CONSIDERATION OF TENDERS - ROAD RECONSTRUCTION
- KYLE STREET, RUTHERFORD ..................................................... 66
16 COMMITTEE OF THE WHOLE RECOMMENDATIONS ........... 68
17 CLOSURE ................................................................................ 75
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PRESENT Cr Robert Aitchison
Cr Loretta Baker, Mayor
Cr Donald Ferris
Cr Peter Garnham
Cr Mitchell Griffin
Cr Sally Halliday
Cr Henry Meskauskas
Cr Ben Mitchell
Cr Nicole Penfold
Cr Kanchan Ranadive
Cr Ben Whiting
Cr Mike Yarrington
1 INVOCATION
The General Manager read the customary prayer at the commencement of the
meeting.
2 ACKNOWLEDGEMENT OF COUNTRY
Mayor L Baker read the Acknowledgement of Country.
3 APOLOGIES, LEAVE OF ABSENCE AND REMOTE ATTENDANCE
COUNCIL RESOLUTION
THAT the apologies received for the unavoidable absence of Cr P Penfold be
accepted and THAT the remote attendance of Cr H Meskauskas and Cr D Ferris
be noted.
Moved Cr B Whiting, Seconded Cr P Garnham
CARRIED
4 DECLARATIONS OF INTEREST
Nil.
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5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
COUNCIL RESOLUTION
THAT the minutes of the Ordinary Meeting held 13 July 2021 be confirmed.
Moved Cr B Whiting, Seconded Cr D Ferris
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
6 BUSINESS ARISING FROM MINUTES
Nil.
7 MAYORAL MINUTE
Nil.
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS
OF BUSINESS
8.1 Withdrawal of Item 11.3 – Financial Statements for the Year Ended 30 June
2021.
8.2 Acceptance of Late Items
10.3 – Postponement of the NSW Local Government Elections to
4 December 2021.
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15.11 – Consideration of Tenders – Victoria Road & Paterson Road, Bolwarra
Footpath.
15.12 – Consideration of Tenders – Road Reconstruction – Kyle Street,
Rutherford
COUNCIL RESOLUTION
THAT Council accept the withdrawal of Item 11.3 – Financial Statements for the
Year Ended 30 June 2021 and THAT Council accept the Late Items – 10.3 –
Postponement of the NSW Local Government Elections to 4 December 2021,
15.11 - Consideration of Tenders – Victoria Road & Paterson Road, Bolwarra
Footpath, and 15.12 – Consideration of Tenders – Road Reconstruction – Kyle
Street, Rutherford.
Moved Cr R Aitchison, Seconded Cr D Ferris
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
9 PUBLIC ACCESS
Rowena Jones representing herself presented a submission read by the General
Manager against Item 10.4 Proposed rezoning – Part Lot 141 DP 1225076 Mount
Vincent Road, East Maitland, Owner: Denis Wilton.
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Greg Blais representing the estate of the late Denis Thomas Wilton presented a
submission for Item 10.4 Proposed rezoning – Part Lot 141 DP 1225076 Mount
Vincent Road, East Maitland, Owner: Denis Wilton.
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10 OFFICERS REPORTS
10.1 TENAMBIT FLYING FOX CAMP UPDATE
FILE NO: 55/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Catherine Pepper - Manager Environment & Sustainability
AUTHOR: Deanne Nelson-Pritchard - Coordinator Environmental
Strategy & Programs
MAITLAND +10 Outcome 10. Our environmental footprint
COUNCIL OBJECTIVE: 10.2.1 To review, coordinate and collaborate with the
community on environmental and sustainability programs
EXECUTIVE SUMMARY
Flying fox experts from ecological consultant Ecosure have been engaged to undertake an
ecological review of the Tenambit Flying Fox Camp and have undertaken a site inspection of the
camp on 8 July 2021 and met with available residents on that day. This report provides an
overview of short term activities available to provide some relief to surrounding residents whilst
limiting impact to the habitat as a camp. A further report will be provided on completion of the
Ecosure investigation to develop the long term strategy for the camp.
The short term actions are predominantly aimed at actions on private land and therefore
requires Council approval to apply public funds to these works.
OFFICER’S RECOMMENDATION
THAT
1. Council approve tree trimming, weed removal on private land up to a budget of
$15,000 at no cost to the recipient landholders, subject to receipt of a threatened
species license for the works, and landholder authorisation.
2. Council approve mitigation materials up to a budget of $5,000 at no cost to the
impacted residents.
3. Officers continue to consult with affected residents
4. Report back to Council once works are completed.
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COUNCIL RESOLUTION
THAT
1. Council approve tree trimming, weed removal on private land up to a budget of
$15,000 at no cost to the recipient landholders, subject to receipt of a threatened
species license for the works, and landholder authorisation.
2. Council approve mitigation materials up to a budget of $5,000 at no cost to the
impacted residents.
3. Officers continue to consult with affected residents
4. Report back to Council once works are completed.
Moved Cr R Aitchison, Seconded Cr M Griffin
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
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10.2 RESPONSE TO MARTINS CREEK QUARRY STATE SIGNIFICANT DEVELOPMENT
FILE NO: 222/583
ATTACHMENTS: 1. Submission
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
AUTHOR: Andrew Neil - Manager Strategic Planning
MAITLAND +10 Outcome 6. Built heritage and sustainable development
COUNCIL OBJECTIVE: 6.1.1 To encourage development that respects the unique
landscape attributes and character of new and established
suburbs
EXECUTIVE SUMMARY
This report provides Council with information in relation to a proposed State Significant
development application for a proposed expansion of the Martins Creek Quarry.
The quarry is located within the Dungog Local Government Area, however given the potential
impacts on the Maitland LGA particularly from a noise and traffic perspective, this report
recommends Council prepare a submission outlining its concerns in response to the public
consultation process.
OFFICER’S RECOMMENDATION
THAT
1. Council make a formal submission (objection) to the NSW Department of Planning,
Industry and Environment. This will outline concerns over heavy vehicle
movements, traffic impacts and noise as a result of the revised Environmental
Impact Statement (EIS) for the proposed expansion of the Martins Creek Quarry.
As a result of these concerns, Council does not consider the proposal to be in the
public interest.
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COUNCIL RESOLUTION
THAT
1. Council make a formal submission (objection) to the NSW Department of Planning,
Industry and Environment. This will outline concerns over heavy vehicle
movements, traffic impacts and noise as a result of the revised Environmental
Impact Statement (EIS) for the proposed expansion of the Martins Creek Quarry.
As a result of these concerns, Council does not consider the proposal to be in the
public interest.
Moved Cr S Halliday, Seconded Cr B Whiting
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
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10.3 DA 2020/1124 MULTI-DWELLING HOUSING - THIRTEEN (13) DWELLINGS,
SUBDIVISION - ONE (1) INTO TWO (2) TORRENS TITLE LOTS, RELOCATION OF
GARAGE, SITE WORKS AND PAVING - LOT 391 DP 558104, 219 MORPETH
ROAD, RAWORTH
RECOMMENDATION: APPROVAL
FILE NO: DA 2020/1124
ATTACHMENTS: 1. Locality Plan
2. Development Plans (under separate cover)
3. Assessment Report
4. Conditions
5. Submissions
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Cindy Littlewood - Manager Development & Compliance
Kristy Cousins - Coordinator Planning & Development
AUTHOR: Adrian Quinn - Senior Development Planner
APPLICANT: Stonehill Pty Ltd
OWNER: Stonehill Pty Ltd
PROPOSAL: Multi Dwelling Housing - Thirteen (13) Dwellings, Subdivision -
One (1) into Two (2) Torrens Title Lots, Relocation of Garage,
Site Works and Paving
LOCATION: Lot 391 in DP558104, 291 Morpeth Road Raworth
ZONE: R1 General Residential
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval for development involving the erection of
Thirteen (13) new attached and detached dwellings as multi-dwelling housing, earthworks, one
into two lot Torrens Title subdivision and supporting site works including landscaping, drainage
and paving works.
The matter is reported to Council due to six (6) submissions being received during the
notification period (from 5 submitters). The submissions raise concerns including compatibility
with area character, tree loss, privacy, drainage, boundary retaining wall impacts, transport,
sustainability and loss of rural outlook as key issues of contention. As detailed in this report the
concerns raised in the submissions have either been addressed during the assessment, can be
mitigated through imposition of conditions or are not significant to warrant refusal of the
application.
The proposed dwellings are compatible with their surrounds, with the proposal employing form,
scale and landscaping to ensure that the development is in keeping with the area’s character.
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The earthworks and retaining walls are consistent with Council’s Development Control Plan C.10
Subdivision and matters surrounding site drainage, incorporation of shade trees, vehicular
access and privacy have been adequately addressed.
The proposed development is acceptable in terms of the relevant matters for consideration
under the Act and the development application is therefore recommended for approval.
OFFICER’S RECOMMENDATION
THAT
1. DA2020/1124 for Multi Dwelling Housing - Thirteen (13) Dwellings, Subdivision -
One (1) into Two (2) Torrens Title Lots, Relocation of Garage, Site Works and Paving
at 219 Morpeth Road, Raworth (Lot 391 DP558104) is approved, subject to the
conditions contained in Attachment 4 of this report.
COUNCIL RESOLUTION
THAT
1. DA2020/1124 for Multi Dwelling Housing - Thirteen (13) Dwellings, Subdivision -
One (1) into Two (2) Torrens Title Lots, Relocation of Garage, Site Works and Paving
at 219 Morpeth Road, Raworth (Lot 391 DP558104) is approved, subject to the
conditions contained in Attachment 4 of this report.
Moved Cr D Ferris, Seconded Cr P Garnham
CARRIED
For: Cr L Baker Against: Cr R Aitchison
Cr D Ferris Cr H Meskauskas
Cr P Garnham Cr B Whiting
Cr M Griffin
Cr S Halliday
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr M Yarrington
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10.4 PROPOSED REZONING - PART LOT 141 DP 1225076 MOUNT VINCENT ROAD,
EAST MAITLAND
OWNER: DENNIS WILTON
FILE NO: RZ 15/001
ATTACHMENTS: 1. Planning Proposal (under separate cover)
2. Gateway Conditions
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Andrew Neil - Manager Strategic Planning
AUTHOR: Leonie Bryson - Strategic Planner
MAITLAND +10 Outcome 7. Diverse and affordable housing
COUNCIL OBJECTIVE: 7.2.1 To ensure land and housing choice is consistent with
forecast demographic demand
EXECUTIVE SUMMARY
On 28 March 2017, Council endorsed for Gateway determination a Planning Proposal to amend
the Maitland Local Environmental Plan 2011 (MLEP 2011). The proposal sought to rezone part of
Lot 141 DP 1225076 (previously known as Lot 42 DP 846326) Mount Vincent Road, East Maitland
from residential purposes.
The site is identified in the Maitland Urban Settlement Strategy 2012 as part Category 1 and
part Category 2 – Residential Land Investigation Area and in the Maitland Local Strategic
Planning Statement 2040+ as Planned Investigation Area – Residential.
The current land use zone applicable to the site is RU2 Rural Landscape under the MLEP 2011
with an applicable minimum lot size of 40 hectares. The proposal is to amend part of the site
for R1 – General Residential uses with a minimum lot size of 450m² and to rezone the balance of
the land E3 – Environmental Management.
A Gateway determination was issued by the Minister for Planning and Public Spaces on 1st
September 2017 detailing the need for further site investigations as well as consultation and
exhibition requirements for the Planning Proposal to progress.
From October 2019 further site investigations were undertaken and provided to Council for
consideration as prescribed in the conditions of gateway. The proposal was referred to relevant
Agencies for consultation on October 2020.
In response to Agency feedback the proposal now seeks to amend the Maitland LEP 2011 by
defining the proposed R1 – General Residential boundary to respond to the constraints of the
site and by including an E3 – Environmental Management zone to the balance of the site
(inclusive of high quality ecological values and flood affected areas).
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The Planning Proposal was placed on public exhibition for a period of 28 days, between 8th June
and 6th July. A total of 30 submissions were received during this period, raising 46 unique issues
in regard to the proposal. The majority of submissions raised concern over the provision of
road infrastructure and the environmental performance of the proposal. A full summary of
community concerns and Council response is provided in Appendix 2 of the attached planning
proposal.
After careful consideration of the issues raised by the community, it is considered that the
mitigation measures, planning controls and future development application works to be
undertaken in future staging of urban release on the site will adequately address and
ameliorate concerns raised by the community.
OFFICER’S RECOMMENDATION
THAT
1. Council endorse the attached revised Planning Proposal pursuant to Section 3.35
of the Environmental Planning and Assessment Act 1979 and forward a copy of the
revised Planning Proposal to the Minister for Planning and Public Places.
2. Request that, pursuant to Section 3.36(1) of the Environmental Planning and
Assessment Act 1979, The Planning Secretary is to make arrangements for the
drafting of any required local environmental plan to give effect to the final
proposals of the planning proposal authority.
COUNCIL RESOLUTION
THAT
1. Council endorse the attached revised Planning Proposal pursuant to Section 3.35
of the Environmental Planning and Assessment Act 1979 and forward a copy of the
revised Planning Proposal to the Minister for Planning and Public Places.
2. Request that, pursuant to Section 3.36(1) of the Environmental Planning and
Assessment Act 1979, The Planning Secretary is to make arrangements for the
drafting of any required local environmental plan to give effect to the final
proposals of the planning proposal authority.
Moved Cr P Garnham, Seconded Cr R Aitchison
CARRIED
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For: Cr R Aitchison Against: Cr D Ferris
Cr L Baker Cr M Griffin
Cr P Garnham Cr B Whiting
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr M Yarrington
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10.5 AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 2011 -
PLANNING PROPOSAL TO REZONE LAND AT RAYMOND TERRACE ROAD,
THORNTON
OWNER: CHARLEW PTY LTD
FILE NO: RZ 19/003
ATTACHMENTS: 1. Planning Proposal (under seperate cover)
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Andrew Neil - Manager Strategic Planning
AUTHOR: Leonie Bryson - Strategic Planner
MAITLAND +10 Outcome 7. Diverse and affordable housing
COUNCIL OBJECTIVE: 7.2.1 To ensure land and housing choice is consistent with
forecast demographic demand
EXECUTIVE SUMMARY
Council received a rezoning submission relating to land at 480 Raymond Terrace Road, in 2019.
The submission seeks rezoning of land to enable residential development in two areas on the
site. One to the north as an extension of Hillgate Drive and the other in the southern portion of
the site adjacent to Honey Myrtle Street.
The site is identified in the Maitland Urban Settlement Strategy 2012 as Category 1 – Residential
Land Investigation Area and in the Maitland Local Strategic Planning Statement 2040+ as
Planned Investigation Area – Residential. The site is also identified in the Maitland Greening
Plan 2002 as a future opportunity corridor for biodiversity connectivity. The current land use
zone applicable to the site is RU2 Rural Landscape under the MLEP 2011 with an applicable
minimum lot size of 40 hectares.
The proposal is to amend parts of the site, described above, for R1 – General Residential uses
with a minimum lot size of 450m² and to rezone the balance of the land E3 – Environmental
Management.
Council’s assessment of the rezoning submission and supporting site studies has informed the
Planning Proposal and recommendations within.
The site issues of access and traffic impact, biodiversity conservation, bushfire risk, Aboriginal
heritage and stormwater management require further investigation and assessment. However,
it is considered this can occur post Gateway determination.
The proposed amendment to planning controls and rezoning of land has strategic and site-
specific merit to progress to the NSW Department of Planning, Industry and Environment for a
Gateway assessment.
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The Planning Proposal – 480 Raymond Terrace Road Thornton is provided as Attachment 1 to
this report for Council’s consideration.
OFFICER’S RECOMMENDATION
THAT
1. Pursuant to Section 3.34(1) of the Environmental Planning and Assessment Act
1979, Council submit the planning proposal, to the Department of Planning,
Industry and Environment seeking a Gateway determination.
2. Following issue of a Gateway determination, Council undertake consultation
with the community and relevant government agencies in accordance with
Section 3.34 and Schedule 1 of the Environmental Planning and Assessment Act
1979 and the conditions of the Gateway determination.
3. A further report be presented to Council following the public exhibition period,
to demonstrate compliance with the Gateway determination and provide details
of any submissions received throughout that process.
COUNCIL RESOLUTION
THAT
1. Pursuant to Section 3.34(1) of the Environmental Planning and Assessment Act
1979, Council submit the planning proposal, to the Department of Planning,
Industry and Environment seeking a Gateway determination.
2. Following issue of a Gateway determination, Council undertake consultation
with the community and relevant government agencies in accordance with
Section 3.34 and Schedule 1 of the Environmental Planning and Assessment Act
1979 and the conditions of the Gateway determination.
3. A further report be presented to Council following the public exhibition period,
to demonstrate compliance with the Gateway determination and provide details
of any submissions received throughout that process.
Moved Cr M Griffin, Seconded Cr P Garnham
CARRIED
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For: Cr P Garnham Against: Cr R Aitchison
Cr M Griffin Cr L Baker
Cr S Halliday Cr D Ferris
Cr B Mitchell Cr H Meskauskas
Cr N Penfold Cr B Whiting
Cr K Ranadive
Cr M Yarrington
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Maitland City Council | Ordinary Meeting Minutes P17
10.6 RETURN AND EARN - ADDITIONAL RETURN POINTS FOR CENTRAL AND
EASTERN PARTS OF THE LGA
FILE NO: 55/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Catherine Pepper - Manager Environment & Sustainability
AUTHOR: Michelle Lindsay - Operations Manager Waste Services
MAITLAND +10 Outcome 8. Managing the environment and natural
resources
COUNCIL OBJECTIVE: 8.3.1 To implement waste management strategies for the
city designed to minimise costs and environmental
impacts
EXECUTIVE SUMMARY
At the Council meeting of 8 December 2020 Council resolved to explore suitable location/s for
additional Return and Earn facilities in central and/or eastern parts of Maitland and make
approaches to the appropriate state government ministry, authority, and (if appropriate)
contracted service provider, seeking same. Since that time Council Officers have identified six
potential sites in the eastern and central parts of the LGA and are working with TOMRA
Collection Solutions on next steps.
OFFICER’S RECOMMENDATION
THAT
1. Council continue to work with TOMRA Collection Solutions to identify suitable
sites for Return and Earn Return Points in the eastern and central parts of the
LGA.
2. Council investigate options for Return and Earn Return Points on Council owned
land if suitable locations on private land are not available.
3. Officers report back to Council once liaison with land owners has been completed
by TOMRA.
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COUNCIL RESOLUTION
THAT
1. Council continue to work with TOMRA Collection Solutions to identify suitable
sites for Return and Earn Return Points in the eastern and central parts of the
LGA.
2. Council investigate options for Return and Earn Return Points on Council owned
land if suitable locations on private land are not available.
3. Officers report back to Council once liaison with land owners has been completed
by TOMRA.
Moved Cr B Whiting, Seconded Cr S Halliday
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
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Maitland City Council | Ordinary Meeting Minutes P19
10.7 MAITLAND AROMA FESTIVAL AND LEVEE ACTIVATION 2021 -
TEMPORARY ROAD CLOSURES
FILE NO: 140/5
ATTACHMENTS: 1. Traffic Management Plans
2. High Street - Drop Off Zone
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure &
Works
Scott Henderson - Coordinator Infrastructure
Planning Engineering
AUTHOR: Kenneth Splatt - Traffic Officer
MAITLAND +10 Outcome 3. Community and iconic events
COUNCIL OBJECTIVE: 3.1.1 To create an economic, social and cultural
benefit to the community through the delivery of the
City's seven flagship events
EXECUTIVE SUMMARY
In response to COVID-19 restrictions, Maitland Aroma Coffee and Chocolate
Festival to be held on Saturday 14 and Sunday 15 August 2021 has extended its
footprint throughout Central Maitland. For the first time Maitland Aroma Coffee
and Chocolate Festival in the Riverside car park will trade into the night on
Saturday until 9.00pm and also extend into The Levee Shared Zone. The
temporary road closures proposed for this event and presented for approval are:
Riverside carpark Maitland, The Levee High Street, and sections of Bulwer Street, St
Andrews Street, Stillsbury Lane.
OFFICER’S RECOMMENDATION
THAT:
1. The following temporary road closures associated with the Maitland Aroma
Coffee and Chocolate Festival be approved.
Set up and presentation of Aroma stalls from 6.00am Friday 13 August to
midday Monday 16 August 2021:
a) St Andrews Street - between High Street and riverbank
b) Riverside car park
c) Stillsbury Lane - next to The Imperial between Riverside car park and
High Street
d) The Levee – High Street between Elgin Street and Bourke Street
e) Bulwer Street - north of Dransfield Lane.
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2. The installation of road closure devices and signs to effect the proposed
road closures also be approved.
3. The event is subject to Federal and State COVID-19 Public Health Orders.
COUNCIL RESOLUTION
THAT:
1. The following temporary road closures associated with the Maitland Aroma
Coffee and Chocolate Festival be approved.
Set up and presentation of Aroma stalls from 6.00am Friday 13 August to
midday Monday 16 August 2021:
a) St Andrews Street - between High Street and riverbank
b) Riverside car park
c) Stillsbury Lane - next to The Imperial between Riverside car park and
High Street
d) The Levee – High Street between Elgin Street and Bourke Street
e) Bulwer Street - north of Dransfield Lane.
2. The installation of road closure devices and signs to effect the proposed
road closures also be approved.
3. The event is subject to Federal and State COVID-19 Public Health Orders.
Moved Cr P Garnham, Seconded Cr K Ranadive
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
Cr D Ferris was not present on screen at the time the vote was taken.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P21
10.8 SUBMISSION TO IPART - REVIEW OF RATE PEG TO INCLUDE POPULATION
GROWTH
FILE NO: 117/11
ATTACHMENTS: 1. IPART Review of the rate peg to include
population growth - Draft Report
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
AUTHOR: Annette Peel - Manager Finance & Risk
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.1.1 To ensure the principles of sustainability underpin
Council's financial, economic, social, governance and
environmental decision-making
EXECUTIVE SUMMARY
On 27th April 2021, Council resolved to make a submission to the Independent Pricing and
Regulatory Tribunal of New South Wales (IPART) Issues Paper on the impact of population
growth on council costs.
IPART has now released its draft report on the review, and is seeking written comment on the
document by Friday 6th August 2021.
The draft report recognises that Councils are not adequately compensated for population
growth under the current rating system, and proposes a draft methodology that that will enable
councils to maintain per capita general income over time as their populations grow through the
incorporation of a population factor.
OFFICER’S RECOMMENDATION
THAT
1. Council make a submission to IPART in response to the questions posed in the
Draft Report ‘Review of the rate peg to include population growth’ as outlined in
this report by 6 August 2021.
PROCEEDINGS-IN-BRIEF
The Mayor called twice for a Motion in relation to this item. No motion was moved.
There being no Motion moved the matter lapsed without discussion.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P22
10.9 SUBMISSION TO OFFICE OF LOCAL GOVERNMENT - REVIEW OF GENERAL
MANAGER AND SENIOR STAFF REMUNERATION
FILE NO: 35/42
ATTACHMENTS: 1. Review of General Manager and Senior Staff
Remuneration Consultation Paper
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
AUTHOR: Leah Flint - Group Manager Strategy Performance and
Business Systems
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.3.1 To nurture a skilled and innovative workforce that
delivers optimal service
EXECUTIVE SUMMARY
In late June 2021, the Minister for Local Government in NSW announced a review of general
manager and senior staff remuneration. A consultation paper was issued by the Office of Local
Government seeking the views of the local government sector and the broader community, with
submissions to be made by 9 August 2021.
Fundamentally, the paper is seeking views of stakeholders on the retention of the status quo in
relation to remuneration paid to council general managers in NSW or alternatively whether a
level of regulation is required through amendments to the Local Government Act and, if so,
what form these amendments should take.
The topic of remuneration in local government, whether that be for mayor and councillors,
general managers or senior staff, is clearly one that attracts high levels of community interest.
It is important that the community is provided with accurate information, including
consideration of the complex operating environment for local councils as well as comparative
data within and across sectors and jurisdictions, and the potential outcomes of any change. The
consultation paper provides this detail.
Following consideration of the comparative data, exploration of issues, options and potential
consequences as presented, it is suggested that Council make a submission in support of the
maintenance of the status quo, given the flexibility it provides councils to ensure they (as the
elected body) can employ a general manager that best meets the needs of council at a
particular point in time, taking into consideration, amongst other things, the size of the LGA,
complexity of services, budget, staffing, assets and financial position.
Further, the introduction of regulation may have unintended financial and other consequences
across the sector, perhaps most notably creating a situation where individuals or bodies at
arms-length from councils would be responsible for deciding the remuneration of council staff,
rather than councils themselves.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P23
OFFICER’S RECOMMENDATION
THAT
1. Council make submission to the Office of Local Government in regard to general
manager and senior staff remuneration in support of maintaining the status quo,
as outlined in this report.
PROCEEDINGS-IN-BRIEF
A motion was moved Cr M Griffin, seconded Cr S Halliday that Council make a submission to
the Office of Local Government in regards to General Manager and senior staff remuneration
in support of regulation of their remuneration.
The motion when put to the meeting was declared LOST.
For: Cr D Ferris Against: Cr R Aitchison
Cr M Griffin Cr L Baker
Cr S Halliday Cr P Garnham
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P24
COUNCIL RESOLUTION
THAT
1. Council make submission to the Office of Local Government in regard to general
manager and senior staff remuneration in support of maintaining the status quo,
as outlined in this report.
Moved Cr K Ranadive, Seconded Cr M Yarrington
CARRIED
For: Cr R Aitchison Against: Cr D Ferris
Cr L Baker Cr M Griffin
Cr P Garnham Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P25
10.10 MORPETH BICENTENARY SMALL GRANTS PROGRAM
FILE NO: 35/87
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Shaelee Welchman - Manager City Experiences &
Economy
Rachel MacLucas - Executive Manager Vibrant City
AUTHOR: Adam Franks - Coordinator City Events & Activation
MAITLAND +10 Outcome 3. Community and iconic events
COUNCIL OBJECTIVE: 3.1.2 To support the delivery of vibrant and unique
community festivals and events
EXECUTIVE SUMMARY
This report presents to Council a recommendation for the Morpeth Bicentenary Small
Grants Program.
The Program was developed to encourage community involvement in Bicentenary
commemorations, through the delivery of projects, activities, resources, and programs
that help build the program, reach and engagement of the Bicentenary of Morpeth
OFFICER’S RECOMMENDATION
THAT
1. Council approve the allocation of funds for the Morpeth Bicentenary Small
Grants Program for the six (6) applications detailed in this report.
2. The Bicentenary Grants Program re-open and future submission be reviewed
by the panel as applications are received.
3. The General Manager be delegated authority to approve future applications,
as recommended by the grant assessment panel.
4. Should funds not be exhausted prior to 22 October 2021, any remaining funds
in the grant pool be transferred into the Bicentenary activities budget.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P26
COUNCIL RESOLUTION
THAT
1. Council approve the allocation of funds for the Morpeth Bicentenary Small
Grants Program for the six (6) applications detailed in this report.
2. The Bicentenary Grants Program re-open and future submission be reviewed
by the panel as applications are received.
3. The General Manager be delegated authority to approve future applications,
as recommended by the grant assessment panel.
4. Should funds not be exhausted prior to 22 October 2021, any remaining funds
in the grant pool be transferred into the Bicentenary activities budget.
Moved Cr M Griffin, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
Cr H Meskauskas was not present on screen at the time the vote was taken.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P27
10.11 POSTPONEMENT OF NSW LOCAL GOVERNMENT ELECTIONS TO 4 DECEMBER
2021
FILE NO: 47/24
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
Stephen McDonald - Manager Governance and Risk
AUTHOR: Tina Nay - Senior Governance Officer
MAITLAND +10 Outcome 15. Diverse, identified and connected leaders
COUNCIL OBJECTIVE: 15.2.1 To consolidate Council's position as a strong leader
and champion for the Maitland community
EXECUTIVE SUMMARY
The NSW Minister for Local Government has published an order in the Gazette under section
318C of the Local Government Act 1993 postponing all council elections to 4 December 2021.
The decision to postpone all council elections that were to be held on 4 September 2021 has
been made in response to the escalating outbreak of the Delta variant of the COVID-19 virus in
Greater Sydney and the potential for further outbreaks in regional areas.
Council officers recommend reinstating the second meeting of August 2021, and are further
assessing the implications of the delay, with subsequent report/s to be brought to Council once
full considerations are made.
OFFICER’S RECOMMENDATION
THAT
1. Council note the postponement of the NSW local government elections to 4th
December 2021;
2. As Council will no longer in in caretaker mode at the time, the Council meeting of
the 24th of August 2021 is reinstated;
3. Further report/s are brought to Council following consideration of implications on
meeting and planning timeframes.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P28
COUNCIL RESOLUTION
THAT
1. Council note the postponement of the NSW local government elections to 4th
December 2021;
2. As Council will no longer in in caretaker mode at the time, the Council meeting of
the 24th of August 2021 is reinstated;
3. Further report/s are brought to Council following consideration of implications on
meeting and planning timeframes.
Moved Cr D Ferris, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
Council moved into Policy & Finance Committee at 6.47pm.
Moved Cr D Ferris, Seconded Cr S Halliday
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P29
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P30
11 POLICY AND FINANCE COMMITTEE
11.1 DESIGNATED PERSONS - DUTIES OF DISCLOSURE POLICY
FILE NO: 35/1/2 and 35/1/3
ATTACHMENTS: 1. Designated Persons - Duties of Disclosure Policy
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
Stephen McDonald - Manager Governance and Risk
AUTHOR: Tina Nay - Senior Governance Officer
MAITLAND +10 Outcome 17. An efficient and effective Council
COUNCIL OBJECTIVE: 17.2.1 To maintain effective and appropriate systems to
ensure decision-making is transparent, accessible and
accountable
EXECUTIVE SUMMARY
The Designated Persons – Duties of Disclosure Policy is required to be reviewed annually. All
staff positions are reviewed annually against the criteria. The current policy was adopted in
August 2020. The policy has been reviewed and is being reported to Council.
The purpose of the Designated Persons Duties of Disclosure Policy is to identify all staff
including the General Manager who hold a position in which exercising the functions of the
position could give rise to a conflict between a person’s duty as a member of staff and the
person’s private interest.
OFFICER’S RECOMMENDATION
THAT
1. The Designated Persons Duties of Disclosure Policy 2021 (attachment 1) be
adopted.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P31
COUNCIL RESOLUTION
THAT
1. The Designated Persons Duties of Disclosure Policy 2021 (attachment 1) be
adopted.
Moved Cr K Ranadive, Seconded Cr M Griffin
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P32
11.2 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2021
FILE NO: 82/2
ATTACHMENTS: 1. Council's holdings as at 30 June 2021 (Attachment
A)
2. Investment Portfolio at a glance (Attachment B)
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
Annette Peel - Manager Finance & Risk
AUTHOR: Emily Lasky - Compliance Accountant
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.1.1 To ensure the principles of sustainability underpin
Council's financial, economic, social, governance and
environmental decision-making
EXECUTIVE SUMMARY
Clause 212 of the Local Government (General) Regulation 2005 requires Council to report on its
investments.
OFFICER’S RECOMMENDATION
THAT
1. The report indicating Council’s Funds Management position be received and
noted.
2. The certification of the Responsible Accounting Officer be noted and the report
adopted.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P33
COUNCIL RESOLUTION
THAT
1. The report indicating Council’s Funds Management position be received and
noted.
2. The certification of the Responsible Accounting Officer be noted and the report
adopted.
Moved Cr K Ranadive, Seconded Cr S Halliday
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P34
11.3 FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2021
FILE NO: 2/8/24
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and
Business Systems
AUTHOR: Michael Burfitt - Chief Financial Officer
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.1.1 To ensure the principles of sustainability underpin
Council's financial, economic, social, governance and
environmental decision-making
AGENDA ITEM WITHDRAWN
Council resumed into Ordinary Council at 6.53pm.
Moved Cr R Aitchison, Seconded Cr B Mitchell
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P35
The General Manager read the recommendations from the Policy & Finance Committee.
11.1 DESIGNATED PERSONS - DUTIES OF DISCLOSURE POLICY
COMMITTEE RECOMMENDATION
THAT
1. The Designated Persons Duties of Disclosure Policy 2021 (attachment 1) be adopted.
Moved Cr K Ranadive, Seconded Cr M Griffin
CARRIED
11.2 STATEMENT OF INVESTMENTS AS AT 30 JUNE 2021
THAT
1. The report indicating Council’s Funds Management position be received and noted.
2. The certification of the Responsible Accounting Officer be noted and the report adopted.
Moved Cr K Ranadive , Seconded Cr S Halliday
CARRIED
A motion was moved that the Committee’s recommendations be adopted.
Moved Cr Ferris , Seconded Cr Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P36
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P37
12 NOTICES OF MOTION/RESCISSION
Nil.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P38
13 QUESTIONS WITH NOTICE
13.1 DR MORSE'S INDIAN ROOT PILLS SHED - MORPETH ROAD, EAST MAITLAND
SUBMITTED BY CR PHILIP PENFOLD
FILE NO: 35/7/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: David Evans - General Manager
Matthew Prendergast - Group Manager Planning &
Environment
Cr Philip Penfold has asked the following Question With Notice for the Council Meeting
being held on Tuesday, 27 July 2021:
What, if any, engagement does/have council had regarding the Dr Morse’s Indian Root Pills shed
on Morpeth Rd East Maitland?
What has/can council done/do to assist in the maintenance of this landmark?
What other opportunities external to council are known to exist for the property to be
maintained or protected?
RESPONSE BY GROUP MANAGER PLANNING & ENVIRONMENT
The Indian Root Pill Building is not currently a listed Heritage Item under the Maitland Local
Environmental Plan. However, it has been included as an item for heritage listing
consideration under the Maitland Aboriginal and Rural Heritage Study which is currently
underway. Given the building’s heritage value and iconic status, funding assistance would be
available for repairs to the structure through Council’s annual Local Heritage Fund. The next
round of applications are due to be called May 2022.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P39
13.2 JAMES ST RESERVE
SUBMITTED BY CR MITCHELL GRIFFIN
FILE NO: 35/7/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: David Evans - General Manager
Judy Jaeger - Group Manager Culture, Community &
Recreation
Cr Mitchell Griffin has asked the following Question With Notice for the Council Meeting
being held on Tuesday, 27 July 2021:
On 12 November 2019 Councillors resolved for council officers to investigate options for the
future use of the James Street Reserve as part of the Maitland Recreation and Open Space
Strategy 2004 Review. This resolution also noted a petition received from members of the
Morpeth community.
Can council officers provide an update on progress made in relation to the investigating options
for the James Street Reserve, Morpeth since the 12 November 2019 resolution, including any
potential future options for the reserve.
RESPONSE BY GROUP MANAGER CULTURE, COMMUNITY AND RECREATION
The identification of James Street Reserve as valuable open space has been identified in the
draft Community Infrastructure Strategy that is currently being reviewed internally. The draft
Strategy identifies that there are sufficient play spaces within the Eastern Planning Precinct
(includes Morpeth) and therefore James Street Reserve would not hold a play purpose in the
future. However, the Strategy does outline that our existing open spaces need to identify
more options for passive recreation such as contemplation and relaxation and also locations
for community gardens. James Street reserve would be a potential valuable location for these
purposes. It is proposed that a report be prepared for councils consideration once the
internal review has been completed and a specific purpose is identified.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P40
13.3 FLAT TRACK MOTORCYCLING FACILITY KYLE ST, RUTHERFORD
SUBMITTED BY CR PHILIP PENFOLD
FILE NO: 35/7/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: David Evans - General Manager
Judy Jaeger - Group Manager Culture, Community &
Recreation
Cr Philip Penfold has asked the following Question With Notice for the Council Meeting
being held on Tuesday, 27 July 2021:
Eight years have passed since this council resolved to take action to get the flat track
motorcycling facility in Kyle Street reopened.
Over 2 years ago council resolved to (in part) “make contact with Motorcycling NSW (MNSW) to
confirm their intention to not seek to enter into a lease/licence with council to lease the Kyle
Street Rutherford flat track motorcycling site.”
While I acknowledge a report has since returned a while ago, it appears we are making little to
no progress to reopen the facility for the benefit of our motorcycling community.
What is the status of the flat track motorcycling facility on Kyle Street, Rutherford?
What legal options exist to no longer proceed with a lease to MNSW presuming they aren’t
progressing in a timely manner?
What is the cost estimate to fulfil the DA requirements to operate the facility?
RESPONSE BY GROUP MANAGER, CULTURE COMMUNITY AND RECREATION
The status of the flat track motorcycling facility on Kyle Street, Rutherford is that development
consent was granted to Motorcycling NSW (MNSW) in March 2018 for the use of the property
as a Recreation Facility – Outdoor for motorcycling training and recreational use only. MNSW
have contacted Councils Strategic Planning area to discuss the requirements of a planning
proposal to allow for competitive racing. They have also advised council officers that an
application to vary the current development consent will be forthcoming following the
outcome of the planning proposal. At least two clubs have advised MNSW of their interest to
use the facility if competitive racing is permissible. The legal advice reported to Council in
confidential session on 22 October 2019 is that both parties have an agreement in place to
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P41
progress this matter and council not proceed with calling for Expressions of Interest (EOI)
regarding the property at this time. 27 JULY 2021 FLAT TRACK MOTORCYCLING FACILITY KYLE
ST, RUTHERFORD (Cont.) Maitland City Council | Ordinary Meeting Agenda P212 The cost
estimate to fulfil the current development consent to operate the facility has been estimated
by MNSW to be in excess of $250,000. However, the submission of a planning proposal to
allow for competition and a modification to the current development consent would change
the scope of works required.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P42
14 URGENT BUSINESS
Nil.
Council moved into Committee of the Whole at 6.55pm.
Moved Cr M Griffin, Seconded Cr B Mitchell
CARRIED
Council moved into Closed Session of the Committee of the Whole for the reasons
specified in the Agenda, and closed the meeting to the public at 6.57pm.
Moved Cr M Griffin, Seconded Cr B Mitchell
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P43
15 COMMITTEE OF THE WHOLE
15.1 CONSIDERATION OF TENDERS - MATTRESS COLLECTION AND RECYCLING
FILE NO: 55/2
ATTACHMENTS: 1. Evaluation of Regional Mattress Tender
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Catherine Pepper - Manager Environment & Sustainability
AUTHOR: Michelle Lindsay - Operations Manager Waste Services
MAITLAND +10 Outcome 8. Managing the environment and natural
resources
COUNCIL OBJECTIVE: 8.3.1 To implement waste management strategies for the
city designed to minimise costs and environmental
impacts
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
This report provides information on the evaluation process undertaken for regional tenders
received for collection and recycling of mattresses.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P44
COUNCIL RESOLUTION
THAT
1. Council enter into contract with Soft Landing for the collection and recycling of
mattresses for a term of three years with two one-year options to extend based
on satisfactory contractor performance, commencing 1 August 2021 at a rate of
$26 per mattress (exclusive of GST) for 2021-22.
Moved Cr R Aitchison, Seconded Cr P Garnham
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P45
15.2 CONSIDERATION OF TENDERS - TRAFFIC CONTROL SERVICES
FILE NO: 137/1965
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure & Works
Ashley Kavanagh - Manager Works
AUTHOR: Kynan Lindus - Civil Engineer
MAITLAND +10 Outcome 17. An efficient and effective Council
COUNCIL OBJECTIVE: 17.2.1 To maintain effective and appropriate systems to
ensure decision-making is transparent, accessible and
accountable
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Tenders have been called for the provision of traffic control services for Council works and are
presented for Council’s consideration and determination. The proposed contract is for a two
year period commencing 1 August 2021, with an option for a one year extension.
The tenders are being presented to the Committee of the Whole as they contain confidential
commercial information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P46
COUNCIL RESOLUTION
THAT
1) Council accept all conforming tenderers from the tender assessment
process to make up the traffic control panel. These tenderers include
(listed in alphabetical order):
i) Altus Traffic
ii) Gateshead Traffic Solutions
iii) Go Traffic
iv) Guardian Traffic Services
v) Link Traffic Management and Training
vi) NSW Traffic Control
vii) TrafficPOWER
viii) Workforce Road Services
2) Tenderers who have submitted a non-conforming tender will be given the
option to re-submit a tender and be placed on a supplementary tenders
list.
3) The contract is awarded for the period 1 August 2021 to 31 July 2023 with
the option for a one year extension.
4) The Common Seal of Council be affixed to the contract documents.
Moved Cr P Garnham, Seconded Cr K Ranadive
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P47
15.3 CONSIDERATION OF TENDERS - CHURCH STREET, HIGH STREET & JOHN
STREET, LARGS FOOTPATH
FILE NO: 2021/137/1973
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure & Works
Ashley Kavanagh - Manager Works
AUTHOR: Jacob Montgomery - Civil Engineer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.2.1 To plan and improve our existing footpath network
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Council has been awarded funding through the Local Roads and Community Infrastructure
Program Phase 2 for the construction of approximately 800m of 1.5m wide concrete footpath at
Church Street, High Street & John Street, Largs.
Tenderers have been called for these works and are presented for Council’s consideration and
determination. Eight tenders were received and assessed by a tender review panel. This report
provides details of the tender assessment and a recommendation to award a contract for the
works. The report is being presented to the Committee of the Whole as it contains confidential
information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P48
COUNCIL RESOLUTION
THAT
1. Council accept the tender of Planet Civil Pty Ltd for footpath construction at
Church Street, High Street & John Street, Largs for the schedule of rates and
contract sum of $195,239.00 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr B Whiting, Seconded Cr S Halliday
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P49
15.4 CONSIDERATION OF TENDERS - PATERSON ROAD, BOLWARRA HEIGHTS
FOOTPATH
FILE NO: 2021/137/1975
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure & Works
Ashley Kavanagh - Manager Works
AUTHOR: Jacob Montgomery - Civil Engineer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.2.1 To plan and improve our existing footpath network
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Council has been awarded funding through the Local Roads and Community Infrastructure
Program Phase 2 for the construction of approximately 150m of concrete footpath and
pedestrian refuge at Paterson Road, Bolwarra.
Tenderers have been called for these works and are presented for Council’s consideration and
determination. Nine tenders were received and assessed by a tender review panel. This report
provides details of the tender assessment and a recommendation to award a contract for the
works. The report is being presented to the Committee of the Whole as it contains confidential
information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P50
COUNCIL RESOLUTION
THAT
1. Council accept the tender of Planet Civil Pty Ltd for footpath and pedestrian
refuge construction at Paterson Road, Bolwarra for the schedule of rates and
contract sum of $78,611.50 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr S Halliday, Seconded Cr K Ranadive
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P51
15.5 CONSIDERATION OF TENDERS - STEAMER STREET MORPETH SHARED PATH
FILE NO: 2021/137/1974
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure & Works
Ashley Kavanagh - Manager Works
AUTHOR: Jacob Montgomery - Civil Engineer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.1.1 To develop a long term program for the delivery of
new and maintained local roads and related infrastructure
based on sound asset management principles
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Council has been awarded funding through the Local Roads and Community Infrastructure
Program Phase 1 for the construction of approximately 650m of concrete shared path at
Steamer Street, Morpeth.
Tenderers have been called for these works and are presented for Council’s consideration and
determination. Thirteen tenders were received and assessed by a tender review panel. This
report provides details of the tender assessment and a recommendation to award a contract
for the works. The report is being presented to the Committee of the Whole as it contains
confidential information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P52
COUNCIL RESOLUTION
THAT
1. Council accept the tender of Gotrala Pty Ltd trading as Bolla Contracting for
shared path construction at Steamer Street, Morpeth for the schedule of rates
and contract sum of $400,027.25 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr M Griffin, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P53
15.6 LITIGATION UPDATE
FILE NO: 85/43
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
AUTHOR: Louise Rampling - Legal Counsel
MAITLAND +10 Outcome 17. An efficient and effective Council
COUNCIL OBJECTIVE: 17.2.1 To maintain effective and appropriate systems to
ensure decision-making is transparent, accessible and
accountable
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (g) advice concerning litigation, or advice as
comprises a discussion of this matter, that would otherwise be privileged from production in
legal proceedings on the ground of legal professional privilege.
EXECUTIVE SUMMARY
This report provides an update to Council on the status of its litigated matters.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(g) advice concerning litigation, or advice as comprises a discussion of this matter, that
would otherwise be privileged from production in legal proceedings on the ground of
legal professional privilege.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P54
COUNCIL RESOLUTION
THAT
1. Council notes the status of its litigated matters as outlined in this Report.
Moved Cr R Aitchison, Seconded Cr M Yarrington
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
Cr D Ferris was not present on screen at the time the vote was taken.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P55
15.7 ELECTRICITY PROCUREMENT AND LED STREET LIGHTING
FILE NO: 55/2
ATTACHMENTS: 1. Technical Report (under separate cover)
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
Catherine Pepper - Manager Environment & Sustainability
AUTHOR: Ben Maddox - Principal Sustainability Officer
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.1.1 To ensure the principles of sustainability underpin
Council's financial, economic, social, governance and
environmental decision-making
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Council’s is required to enter into a new electricity contract by 1 January 2022 for its large sites
and street lighting. Council officers have undertaken a comprehensive energy review for Council
operations, focusing on energy procurement, street lighting, building energy consumption and
vehicle energy.
The review aims to deliver improved financial outcomes in the following ways:
• Reduce energy spend compared to 2018-2021 levels;
• Reduce exposure to unfavorable market conditions and provide long term price
stability;
• Deliver energy efficiency gains with a simple payback of 10 years or the life of the
asset, whichever is less.
This report outlines the findings of this strategic review of Council’s large sites and street
lighting. The report recommends that Council continue participation in the multi-council
electricity procurement process for sourcing electricity for its large sites and street lighting for a
period of up to 10 years.
The report also recommends proceeding with investigating an accelerated street lighting LED
replacement program that would reduce street lighting energy consumption by approximately
40% in total.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P56
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
COUNCIL RESOLUTION
THAT
1. Council participate in the multi-council electricity procurement process for
sourcing its electricity for its large sites and street lighting for a period of up to 10
years;
2. A further report be provided to Council on the outcomes of the electricity
procurement process in October 2021;
3. Council endorse participation in an accelerated LED replacement program for
residential and main road lighting;
4. The accelerated LED replacement program be funded from borrowings from
existing internal reserve funds over a two year period from commencement of the
program, with subsequent savings from this initiative being utilised to replenish
the reserve;
5. A further report be provided to Council on the confirmation of pricing from
Ausgrid that reflects the recent tender process and approved AER pricing models
prior to commencement of the acceleration LED replacement program.
Moved Cr B Whiting, Seconded Cr M Yarrington
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P57
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P58
15.8 PROCUREMENT OF ANIMAL MANAGEMENT SERVICES
FILE NO: 22/4
ATTACHMENTS: 1. Draft Contract - Animal Management Facility
RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning &
Environment
AUTHOR: Cindy Littlewood - Manager Development & Compliance
MAITLAND +10 Outcome 2. Community and recreation services and
facilities
COUNCIL OBJECTIVE: 2.3.1 To ensure Council’s community, health and regulatory
responsibilities are responsive and directed toward
identified and anticipated needs
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
The RSPCA have confirmed their intention to progressively cease the provision of impound
services to Council’s within the Hunter Region and as a result Council’s existing animal facility
located at 11 Metford Road, East Maitland is being re-furbished and upgraded to operate as
Council’s primary animal impound facility. The RSPCA have given Council an extension of the
existing contract until October 2021 to finalise the transition of the services.
In order to operate the animal facility a service provider is required to undertake the
management of Council’s upgraded facility. In late 2020, Maitland City Council were involved in
a multi-Council Expression of Interest (EOI) process seeking interest from suitably qualified
service providers for animal management services. Submissions were received from four service
providers, with one of those submissions (RSPCA) being subsequently withdrawn. The three
remaining submissions were evaluated, with detailed information provided. It is recommended
that Council proceed to entering into a contract with the preferred provider Central Coast
Animal Care Facility due to their extensive experience in operating a Council impound facility,
excellent results in returning animals to home and competitive contract pricing.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P59
COUNCIL RESOLUTION
THAT
1. Council resolve, in accordance with s55(3)(i) of the Local Government Act 1993, that
due to the unavailability of competitive tenderers, a satisfactory result would not
be achieved by inviting formal tenders for the management of Council’s Animal
Management Facility;
2. A 12 month contract be entered into with Central Coast Animal Care Facility for
the management of Council’s Animal Management Facility; and
3. Competitive tenders be invited for the management of Council’s Animal
Management Facility in early 2022 (to manage the facility after the initial 12
month contract period).
Moved Cr M Griffin, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P60
15.9 MAITLAND GAOL - FUNDING OPPORTUNITY
FILE NO: 60/2
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Shaelee Welchman - Manager City Experiences & Economy
Rachel MacLucas - Executive Manager Vibrant City
AUTHOR: Caroline Booth - Coordinator City & Visitor Economy
MAITLAND +10 Outcome 6. Built heritage and sustainable development
COUNCIL OBJECTIVE: 6.2.1 To promote and support the adaptive reuse of
Maitland Gaol
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
On 8 September 2020, following a 20 year journey, Council adopted the Maitland Gaol
Development Plan and Site Master Plan, signaling a commitment to drive the future
development of the facility. The Plans provide a clear staged implementation strategy to
ensure the facility’s long term sustainability and reaffirm its position as one of the most
iconic and unique tourism attractions in regional New South Wales.
Since its adoption, there has been progress with the implementation of the Plan,
including the establishment of the new Maitland Gaol management team structure and
planning for activities to enhance public access and progress the Guard Tower
Experience.
This report provides an overview of Council’s involvement with the facility, provides an
update on the implementation plan and recommends submission of a funding
application under the Regional Tourism Activation Fund that, if successful, would help
cement the future of Maitland Gaol as an iconic tourism destination, driven by its
unique heritage, connection to community, and innovative experiences.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P61
COUNCIL RESOLUTION
THAT
1. Council submit an application for development works at Maitland Gaol
under the Regional Tourism Activation Fund as outlined in this report.
Moved Cr P Garnham, Seconded Cr B Whiting
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P62
15.10 GENERAL MANAGER PERFORMANCE REVIEW
FILE NO: E10430
ATTACHMENTS: 1. General Manager's Performance Review
2019/2020
RESPONSIBLE OFFICER: Loretta Baker - Mayor
AUTHOR: Loretta Baker - Mayor
Ben Mitchell - Cr
Peter Garnham - Cr
Kanchan Ranadive - Cr
MAITLAND +10 Outcome 18. A Council for now and future generations
COUNCIL OBJECTIVE: 18.3.1 To nurture a skilled and innovative workforce that
delivers optimal service
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (a) personnel matters concerning particular
individuals (other than councillors).
EXECUTIVE SUMMARY
The nominated Performance Review Panel met with the General Manager on Monday, 10 May
2021 to conduct the General Manager’s annual performance review. This report presents the
outcomes of the review for discussion and endorsement by Council.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(a) personnel matters concerning particular individuals (other than councillors).
A motion was moved that:
1. Council express its continued high level of satisfaction with the leadership, direction and
guidance provided by the General Manager, and
2. Council recognise the better than satisfactory performance of the General Manager as
determined by the Performance Review Panel.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P63
PROCEEDINGS-IN-BRIEF
After a number of speakers in favour of the Motion, a Procedural Motion that the matter be
put to the vote was moved by Cr P. Garnham.
The Procedural Motion when put to the meeting was carried unanimously.
Following the Procedural Motion, the Mayor put the original motion to the vote.
COUNCIL RESOLUTION
THAT
3. Council express its continued high level of satisfaction with the leadership, direction
and guidance provided by the General Manager, and
4. Council recognise the better than satisfactory performance of the General Manager
as determined by the Performance Review Panel.
Moved Cr P Garnham, Seconded Cr B Whiting
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P64
15.11 CONSIDERATION OF TENDERS - VICTORIA ROAD & PATERSON ROAD
BOLWARRA FOOTPATH
FILE NO: 2021/137/1976
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure &
Works
Ashley Kavanagh - Manager Works
AUTHOR: Jacob Montgomery - Civil Engineer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.2.1 To plan and improve our existing footpath
network
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a
confidential nature that would, if disclosed prejudice the commercial position of the
person who supplied it.
EXECUTIVE SUMMARY
Council has been awarded funding through the Local Roads and Community
Infrastructure Program Phase 2 for the construction of approximately 760m of concrete
footpath at Victoria Road, Bolwarra.
Tenderers have been called for these works and are presented for Council’s consideration
and determination. Eleven tenders were received and assessed by a tender review panel.
This report provides details of the tender assessment and a recommendation to award a
contract for the works. The report is being presented to the Committee of the Whole as it
contains confidential information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the
Local Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed
prejudice the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P65
COUNCIL RESOLUTION
THAT
1. Council accept the tender of Gotrala Pty Ltd trading as Bolla Contracting for
footpath construction at Victoria Road, Bolwarra for the schedule of rates
and contract sum of $ 299,762.05 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr S Halliday, Seconded Cr P Garnham
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
Cr D Ferris was not present on screen at the time the vote was taken.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P66
15.12 CONSIDERATION OF TENDERS - ROAD RECONSTRUCTION - KYLE STREET,
RUTHERFORD
FILE NO: 2021/137/1977
ATTACHMENTS: Nil
RESPONSIBLE OFFICER: Kevin Stein - Acting Group Manager Infrastructure & Works
Ashley Kavanagh - Manager Works
Paul Bucan - Operations Manager Civil Construction
AUTHOR: Joshua Dever - Civil Engineer
MAITLAND +10 Outcome 5. Moving around our City
COUNCIL OBJECTIVE: 5.1.2 To deliver improved safety, quality and amenity of
local roads through increased road construction and
maintenance programs
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows: (d) (i) commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person who supplied it.
EXECUTIVE SUMMARY
Tenders were called to engage a suitably qualified and experienced contractor to complete the
reconstruction of 460m of Kyle Street, Rutherford running in a southerly direction from the
intersection at the New England Highway. The existing road has reached the end of its useful
life and was included in the 2020/21 Capital Works Program.
Eight tenders were received and assessed by a tender review panel. This report provides details
of the tender assessment and a recommendation to award a contract for the works. This report
is being presented to the Committee of the Whole as it contains confidential information.
OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION
THAT Council move into Confidential Session to discuss this item under the terms of the Local
Government Act 1993 Section 10A(2), as follows:
(d) (i) commercial information of a confidential nature that would, if disclosed prejudice
the commercial position of the person who supplied it.
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P67
COUNCIL RESOLUTION
THAT
1. Council accept the tender of KCE Pty Ltd for the reconstruction of Kyle Street,
Rutherford in the amount of $745,500 Excl. GST.
2. The common seal of Council be affixed to the contract documents.
Moved Cr P Garnham, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P68
Council resumed into Ordinary Council at 7.54 pm.
Moved Cr B Mitchell, Seconded Cr M Griffin
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr H Meskauskas
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington
16 COMMITTEE OF THE WHOLE RECOMMENDATIONS
The General Manager read the Recommendation from the Committee of the
Whole/Closed Session as follows:
15.1 CONSIDERATION OF TENDERS - MATTRESS COLLECTION AND
RECYCLING
THAT
1. Council enter into contract with Soft Landing for the collection and recycling of
mattresses for a term of three years with two one-year options to extend based on
satisfactory contractor performance, commencing 1 August 2021 at a rate of $26
per mattress (exclusive of GST) for 2021-22.
Moved Cr R Aitchison, Seconded Cr P Garnham
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P69
15.2 CONSIDERATION OF TENDERS - TRAFFIC CONTROL SERVICES
THAT
1) Council accept all conforming tenderers from the tender assessment
process to make up the traffic control panel. These tenderers include
(listed in alphabetical order):
i) Altus Traffic
ii) Gateshead Traffic Solutions
iii) Go Traffic
iv) Guardian Traffic Services
v) Link Traffic Management and Training
vi) NSW Traffic Control
vii) TrafficPOWER
viii) Workforce Road Services
2) Tenderers who have submitted a non-conforming tender will be given the
option to re-submit a tender and be placed on a supplementary tenders
list.
3) The contract is awarded for the period 1 August 2021 to 31 July 2023 with
the option for a one year extension.
4) The Common Seal of Council be affixed to the contract documents.
Moved Cr P Garnham, Seconded Cr K Ranadive
CARRIED
15.3 CONSIDERATION OF TENDERS - CHURCH STREET, HIGH STREET & JOHN
STREET, LARGS FOOTPATH
THAT
1. Council accept the tender of Planet Civil Pty Ltd for footpath construction at
Church Street, High Street & John Street, Largs for the schedule of rates and
contract sum of $195,239.00 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr B Whiting, Seconded Cr S Halliday
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P70
15.4 CONSIDERATION OF TENDERS - PATERSON ROAD, BOLWARRA HEIGHTS
FOOTPATH
THAT
1. Council accept the tender of Planet Civil Pty Ltd for footpath and pedestrian refuge
construction at Paterson Road, Bolwarra for the schedule of rates and contract
sum of $78,611.50 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr B Whiting, Seconded Cr K Ranadive
CARRIED
15.5 CONSIDERATION OF TENDERS - STEAMER STREET MORPETH SHARED
PATH
THAT
1. Council accept the tender of Gotrala Pty Ltd trading as Bolla Contracting for
shared path construction at Steamer Street, Morpeth for the schedule of rates
and contract sum of $400,027.25 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr M Griffin, Seconded Cr R Aitchison
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P71
15.6 LITIGATION UPDATE
THAT
1. Council notes the status of its litigated matters as outlined in this Report.
Moved Cr R Aitchison, Seconded Cr M Yarrington
CARRIED
15.7 ELECTRICITY PROCUREMENT AND LED STREET LIGHTING
THAT
1. Council participate in the multi-council electricity procurement process for
sourcing its electricity for its large sites and street lighting for a period of up to 10
years;
2. A further report be provided to Council on the outcomes of the electricity
procurement process in October 2021;
3. Council endorse participation in an accelerated LED replacement program for
residential and main road lighting;
4. The accelerated LED replacement program be funded from borrowings from
existing internal reserve funds over a two year period from commencement of the
program, with subsequent savings from this initiative being utilised to replenish
the reserve;
5. A further report be provided to Council on the confirmation of pricing from
Ausgrid that reflects the recent tender process and approved AER pricing models
prior to commencement of the acceleration LED replacement program.
Moved Cr B Whiting, Seconded Cr M Yarrington
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P72
15.8 PROCUREMENT OF ANIMAL MANAGEMENT SERVICES
THAT
1. Council resolve, in accordance with s55(3)(i) of the Local Government Act 1993, that
due to the unavailability of competitive tenderers, a satisfactory result would not
be achieved by inviting formal tenders for the management of Council’s Animal
Management Facility;
2. A 12 month contract be entered into with Central Coast Animal Care Facility for the
management of Council’s Animal Management Facility; and
3. Competitive tenders be invited for the management of Council’s Animal
Management Facility in early 2022 (to manage the facility after the initial 12 month
contract period).
Moved Cr M Griffin, Seconded Cr R Aitchison
CARRIED
15.9 MAITLAND GAOL - FUNDING OPPORTUNITY
THAT
1. Council submit an application for development works at Maitland Gaol under the
Regional Tourism Activation Fund as outlined in this report.
Moved Cr P Garnham, Seconded Cr B Whiting
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P73
15.10 GENERAL MANAGER PERFORMANCE REVIEW
THAT
1. Council express its continued high level of satisfaction with the leadership,
direction and guidance provided by the General Manager, and
2. Council recognise the better than satisfactory performance of the General
Manager as determined by the Performance Review Panel.
Moved Cr P Garnham, Seconded Cr B Whiting
CARRIED
15.11 CONSIDERATION OF TENDERS - VICTORIA ROAD & PATERSON ROAD
BOLWARRA FOOTPATH
THAT
1. Council accept the tender of Gotrala Pty Ltd trading as Bolla Contracting for
footpath construction at Victoria Road, Bolwarra for the schedule of rates and
contract sum of $ 299,762.05 (GST inclusive).
2. The common seal of Council be affixed to the contract documents.
Moved Cr S Halliday, Seconded Cr P Garnham
CARRIED
27 JULY 2021
Maitland City Council | Ordinary Meeting Minutes P74
15.12 CONSIDERATION OF TENDERS - ROAD RECONSTRUCTION - KYLE
STREET, RUTHERFORD
THAT
1. Council accept the tender of KCE Pty Ltd for the reconstruction of Kyle Street,
Rutherford in the amount of $745,500 Excl. GST.
2. The common seal of Council be affixed to the contract documents.
Moved Cr P Garnham, Seconded Cr R Aitchison
CARRIED
Council resolved that the recommendations of the Closed Session of the Committee of
the Whole be adopted.
Moved Cr Garnham, Seconded Cr R Aitchison
CARRIED
For: Cr R Aitchison Against:
Cr L Baker
Cr D Ferris
Cr P Garnham
Cr M Griffin
Cr S Halliday
Cr B Mitchell
Cr N Penfold
Cr K Ranadive
Cr B Whiting
Cr M Yarrington