minutes of ordinary meeting - tuesday, 27 july 2021

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Maitland City Council | Ordinary Meeting Minutes ORDINARY MEETING MINUTES 27 JULY 2021

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Maitland City Council | Ordinary Meeting

Minutes

ORDINARY MEETING

MINUTES

27 JULY 2021

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes Piii

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes Piv

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P1

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P2

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P3

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P4

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P5

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P6

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P7

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P8

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P9

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P10

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P11

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).

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P12

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P13

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P14

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P15

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P16

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

27 JULY 2021

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P18

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

27 JULY 2021

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.

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P20

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

27 JULY 2021

Maitland City Council | Ordinary Meeting Minutes P75

17 CLOSURE

The meeting was declared closed at 8.03pm.

................................

Chairperson