Minutes of Ordinary Meeting

ORDINARY MEETING

MINUTES

24 NOVEMBER 2020

Maitland City Council | Ordinary Meeting Minutes 24 NOVEMBER 2020

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 INVOCATION ...... 1

2 ACKNOWLEDGEMENT OF COUNTRY ...... 1

3 APOLOGIES AND LEAVE OF ABSENCE ...... 1

4 DECLARATIONS OF INTEREST ...... 2

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ...... 3

6 BUSINESS ARISING FROM MINUTES ...... 3

7 MAYORAL MINUTE ...... 3

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 3

9 PUBLIC ACCESS ...... 4

10 OFFICERS REPORTS ...... 5

10.1 75TH ANNIVERSARY OF MAITLAND BEING PROCLAIMED A CITY ...... 5 10.2 EXHIBITION OF DRAFT DEVELOPMENT CONTROL PLAN - ANAMBAH ROAD URBAN EXTENSION SITE (LOT 90 DP 785244 - 106 ANAMBAH ROAD, ANAMBAH) ...... 7 10.3 DA 20/558 RESIDENTIAL FLAT BUILDING (3 STOREY, 18 UNITS) - AFFORDABLE HOUSING, 15-19 FIELDSEND STREET, EAST MAITLAND (LOTS 4-6 DP35465) ...... 9 10.4 DA 2020/567 RESIDENTIAL AGED CARE FACILITY (168 BEDS INCLUDING RESPITE, DEMOLITION OF EXISTING FACILITY, TREE REMOVAL, CAR PARKING, SIGNAGE AND ASSOCIATED SITE WORKS) - 7 MARTIN CL & 42 STRONACH AVE, EAST MAITLAND (LOT 57 DP260833 &LOT 5 DP258655) ...... 12 10.5 PROPOSED AMENDMENT TO THE MAITLAND LEP 2011 - REZONING OF GILLIESTON HEIGHTS SOUTH ...... 14 10.6 ANAMBAH URBAN RELEASE AREA - LEP AMENDMENT NO. 26 ...... 17

Maitland City Council | Ordinary Meeting Minutes Pii 24 NOVEMBER 2020

10.7 MAITLAND REGIONAL SPORTS COMPLEX NAMING PROPOSAL ...... 19 10.8 CITYWIDE PLAYSPACE FOR MAITLAND LOCAL GOVERNMENT AREA ...... 22 10.9 MOBILE CCTV TRIAL FOR THE MAITLAND LGA...... 25 10.10 APPLICATION TO TEMPORARILY SUSPEND ALCOHOL FREE ZONE FOR THE LEVEE CHRISTMAS SPECIAL ...... 27

11 POLICY AND FINANCE COMMITTEE ...... 30

11.1 PRESENTATION OF THE FINANCIAL STATEMENTS AND AUDITORS REPORT FOR THE YEAR ENDED 30 JUNE 2020 ...... 30 11.2 ANNUAL REPORT 2019/20 ...... 32 11.3 FIRST QUARTER BUDGET REVIEW 2020/21 - PERIOD ENDED 30 SEPTEMBER 2020 ...... 34 11.4 STATEMENT OF INVESTMENTS AS AT 31 OCTOBER 2020 ...... 36 11.5 CODE OF CONDUCT AND PROCEDURES - DISCLOSURES RELATING TO SOCIAL MEDIA AND WEBSITE ADMINISTRATION AND UPDATE TO REQUIREMENTS OF OLG MODEL ...... 38 11.6 FORMAL ADOPTION OF BUSINESS CONTINUITY PLAN AND PANDEMIC SUBPLAN ...... 40 11.7 OUTDOOR DINING POLICY ...... 42 11.8 CHILD PROTECTION POLICY ...... 44 11.9 MAITLAND AQUATICS CENTRES - FEES & CHARGES SQUAD AND FITNESS SESSIONS ...... 46

12 NOTICES OF MOTION/RESCISSION ...... 55

13 QUESTIONS WITH NOTICE ...... 55

14 URGENT BUSINESS...... 55

15 COMMITTEE OF THE WHOLE ...... 56

15.1 ACQUISITION FOR ROAD WIDENING - 72 WOODBERRY ROAD MILLERS FOREST ...... 56 15.2 CONSIDERATION OF TENDERS - ASPHALT RESURFACING WORKS - RAILWAY AVENUE, GLENROY STREET AND HAUSSMAN DRIVE, THORNTON ...... 58 15.3 MAITLAND ADMINISTRATION CENTRE PRELIMINARY ARCHAEOLOGICAL INVESTIGATIONS ...... 60

16 COMMITTEE OF THE WHOLE RECOMMENDATIONS ...... 62

Maitland City Council | Ordinary Meeting Minutes Piii 24 NOVEMBER 2020

17 CLOSURE ...... 64

Maitland City Council | Ordinary Meeting Minutes Piv 24 NOVEMBER 2020

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 AND LEAVE OF ABSENCE

COUNCIL RESOLUTION THAT the apologies received for the unavoidable absence of Cr P Penfold be accepted and leave of absence granted.

Moved Cr P Garnham, 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

Maitland City Council | Ordinary Meeting Minutes P1 24 NOVEMBER 2020

Cr K Ranadive Cr B Whiting Cr M Yarrington

4 DECLARATIONS OF INTEREST

Cr S Halliday declared a less than significant non-pecuniary interest in Item 10.3 DA 20/558 Residential Flat Building (3 Storey, 18 Units) – affordable housing, 15- 19 Fieldsend Street, East Maitland (Lots 4-6 DP35465), due to being a member of the Hunter and Central Coast Joint Regional Planning Panel.

Cr S Halliday declared a less than significant non-pecuniary interest in Item 10.4 DA 2020/567 Residential aged care facility (168 beds including respite, demolition of existing facility, tree removal, car parking, signage and associated site works) – 7 Martin Cl & 42 Stronach Ave, East Maitland (Lot 57 DP260833 & Lot 5 DP258655), due to being a member of the Hunter and Central Coast Joint Regional Planning Panel.

Cr M Griffin declared a less than significant non-pecuniary interest in Item 10.3 DA 20/558 Residential Flat Building (3 Storey, 18 Units) – affordable housing, 15- 19 Fieldsend Street, East Maitland (Lots 4-6 DP35465), due to being an alternate member of the Hunter and Central Coast Joint Regional Planning Panel.

Cr M Griffin declared a less than significant non-pecuniary interest in Item 10.4 DA 2020/567 Residential aged care facility (168 beds including respite, demolition of existing facility, tree removal, car parking, signage and associated site works) – 7 Martin Cl & 42 Stronach Ave, East Maitland (Lot 57 DP260833 & Lot 5 DP258655), due to being an alternate member of the Hunter and Central Coast Joint Regional Planning Panel.

Cr P Garnham declared a less than significant non-pecuniary interest in Item 10.3 DA 20/558 Residential Flat Building (3 Storey, 18 Units) – affordable housing, 15- 19 Fieldsend Street, East Maitland (Lots 4-6 DP35465), due to being a member of the Hunter and Central Coast Joint Regional Planning Panel.

Cr P Garnham declared a less than significant non-pecuniary interest in Item 10.4 DA 2020/567 Residential aged care facility (168 beds including respite, demolition of existing facility, tree removal, car parking, signage and associated site works) – 7 Martin Cl & 42 Stronach Ave, East Maitland (Lot 57 DP260833 & Lot 5 DP258655), due to being a member of the Hunter and Central Coast Joint Regional Planning Panel.

Maitland City Council | Ordinary Meeting Minutes P2 24 NOVEMBER 2020

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting held 10 November 2020 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

Nil.

Maitland City Council | Ordinary Meeting Minutes P3 24 NOVEMBER 2020

9 PUBLIC ACCESS

David Hanrahan representing Fresh Hope Care presented a submission read by the General Manager for Item 10.4 DA 2020/567 Residential aged care facility (168 beds including respite, demolition of existing facility, tree removal, car parking, signage and associated site works) - 7 Martin Close & 42 Stronach Avenue, East Maitland (Lot 57 DP260833 &Lot 5 DP258655)

Maitland City Council | Ordinary Meeting Minutes P4 24 NOVEMBER 2020

10 OFFICERS REPORTS

10.1 75TH ANNIVERSARY OF MAITLAND BEING PROCLAIMED A CITY

FILE NO: 35/12 ATTACHMENTS: 1. Mayoral Report 1945 2. Proclamation Statement 3. Official Mayoral Photo RESPONSIBLE OFFICER: David Evans - General Manager Rachel MacLucas - Executive Manager Vibrant City AUTHOR: Matt vanderWall - Manager Marketing & Communications 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

On 7 December 1945 Maitland was proclaimed a city with this year being the 75th anniversary of that occasion. This report outlines some of the historical information surrounding the proclamation and the City of Maitland’s civic symbols. Information in this report has been compiled with the assistance of Maitland Library.

OFFICER’S RECOMMENDATION

THAT

1. The information contained in this Report be noted.

COUNCIL RESOLUTION

THAT

1. The information contained in this Report be noted.

Moved Cr M Griffin, Seconded Cr B Whiting

CARRIED

Maitland City Council | Ordinary Meeting Minutes P5 24 NOVEMBER 2020

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

Maitland City Council | Ordinary Meeting Minutes P6 24 NOVEMBER 2020

10.2 EXHIBITION OF DRAFT DEVELOPMENT CONTROL PLAN - ANAMBAH ROAD URBAN EXTENSION SITE (LOT 90 DP 785244 - 106 ANAMBAH ROAD, ANAMBAH)

FILE NO: 103/174 ATTACHMENTS: 1. Draft Development Control Plan RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning & Environment Andrew Neil - Manager Strategic Planning Claire Swan - Coordinator City Planning AUTHOR: Pathum Gunasekara - Senior Strategic Planner MAITLAND +10 Outcome 7. Diverse and affordable housing COUNCIL OBJECTIVE: 7.3.1 To provide a framework that will provide diverse, adaptable and affordable housing options

EXECUTIVE SUMMARY

The Anambah Road Urban Extension Site (Lot 90 DP 785244 located at 106 Anambah Road, Anambah) was rezoned for urban purposes on 12 October 2018. The site is currently zoned as part R1 General Residential and part E4 Environmental Living and mapped as an Urban Release Area under the Maitland Local Environmental Plan (LEP) 2011.

Part 6 of Maitland LEP 2011 ensures that development on land in an Urban Release Area occurs in a logical and cost-effective manner. Clause 6.3 applies to the subject land and requires a Development Control Plan (DCP) to be prepared and endorsed by Council prior to any subdivision of the land.

On 6 July 2020, the Landlink Property Group Pty Ltd lodged a draft DCP for the site. Council staff have reviewed and amended the draft DCP to address site constraints and improve development outcomes in the locality.

The purpose of this report is to present the draft DCP for the Anambah Road Urban Extension Site to Council and to seek endorsement to place the draft DCP on public exhibition.

OFFICER’S RECOMMENDATION

THAT

1. The draft Development Control Plan (November 2020) be exhibited for a minimum period of 28 days; and,

Maitland City Council | Ordinary Meeting Minutes P7 24 NOVEMBER 2020

2. A further report be submitted to Council following public exhibition of the draft Development Control Plan.

COUNCIL RESOLUTION

THAT

1. The draft Development Control Plan (November 2020) be exhibited for a minimum period of 28 days; and, 2. A further report be submitted to Council following public exhibition of the draft Development Control Plan.

Moved Cr H Meskauskas, 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

Maitland City Council | Ordinary Meeting Minutes P8 24 NOVEMBER 2020

10.3 DA 20/558 RESIDENTIAL FLAT BUILDING (3 STOREY, 18 UNITS) - AFFORDABLE HOUSING, 15-19 FIELDSEND STREET, EAST MAITLAND (LOTS 4- 6 DP35465)

FILE NO: DA 20/558 ATTACHMENTS: 1. Assessment Report 2. Development Plans (under seperate cover) RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning & Environment Cindy Littlewood - Manager Development & Compliance AUTHOR: Tegan Harris - Urban Release Area Coordinator APPLICANT: NSW Land and Housing Corporation OWNER: Department of Housing PROPOSAL: Residential Flat Building (3 storey, 18 units) – Affordable Housing LOCATION: 15-19 Fieldsend Street, East Maitland ZONE: R1 General Residential

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an assessment of Development Application (DA) 20/558 for a Three Storey Affordable Housing Residential Flat Building - 18 Units (7 x 2 bed, 11 x 1 bed) for information purposes. The proposal comprises regional development pursuant to Schedule 7 of SEPP (State and Regional Development) 2011, comprising private infrastructure and community facilities (Affordable Rental Housing) and Crown Development with a CIV over $5million, and is to be reported to the Hunter Central Coast Regional Planning Panel (HCCRPP) on 25 November 2020 for determination.

A detailed assessment of the proposal is provided in the Assessment Report attached to this report. The assessment provides consideration of the proposal under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act), the Maitland Local Environmental Plan 2011, the Maitland Development Control Plan 2011 and any other relevant legislation, guidelines and policies of the Council.

The DA was lodged on 18 June 2020 with a Capital Investment Value of works of $5,650,363. The proposal is Regional Development comprising private infrastructure and community facilities (Affordable Housing) and Crown Development with a CIV over $5 million.

The legal description of the land on which the development is to be carried out is Lots 4-6, DP35465, 15-19 Fieldsend Street, East Maitland. The site has a total area of 2,003m3 and has a total primary frontage of 44.1m to Fieldsend Street and a secondary frontage of 34.1m to Alliance Street. The site is well located for affordable housing, being approximately 1km from the East Maitland town centre, and is adequately serviced by public transport.

Maitland City Council | Ordinary Meeting Minutes P9 24 NOVEMBER 2020

The proposal is permissible within the R1 zone and is consistent with the objectives of the zone, to provide for the housing needs of the community, and to provide for a variety of housing types and densities. The proposal does not raise any issues that conflict with the relevant Environmental Planning Instruments. Further, it is generally consistent with the Maitland Development Control Plan, with the exception of minor car parking non-compliances relating to car parking numbers and dimensions. These non-compliances are considered acceptable based on the justification provided.

The proposal was advertised and notified from 1 July 2020 to 15 July 2020. Four submissions, and one petition containing 20 signatures were received objecting to the proposal. Following the receipt of amended plans the proposal was re-notified from 9 October 2020 to 23 October 2020. As a result of this process, two additional submissions were received objecting to the proposal. The issues raised during the notification period relate to: • character and visual impact; • privacy/overlooking; • overshadowing; • noise and lighting; • odour and waste bin impacts; • social problems; • impacts on property values; • traffic and car parking; and • traffic safety.

The main potential impacts as a result of the proposal relate to the impact of the proposal on the character of the locality given the three storey built form, and proposed variation to statutory car parking requirements. The proposal also has a direct potential to impact on the immediate two neighbouring dwellings, 13 Alliance Street and 13 Fieldsend Street. Submissions received raise concern on the basis that facilities (car parking, waste management, etc) are oriented towards the boundary and the proposal will result in privacy, odour, visual and overshadowing impacts. The assessment report acknowledges that there will be an impact to these properties, however, these have been mitigated during the assessment process to the best extent practicable. These issues are not considered significant enough to warrant refusal of the application.

The proposal is generally consistent with the relevant heads of consideration pursuant to section 4.15 of the EP&A Act. The proposal will permit the construction of a Residential Flat Building for the purposes of Affordable Housing in an appropriate location. The report concludes that the proposed development is considered acceptable in terms of the relevant matters for consideration under the Act, and approval is recommended, subject to conditions.

Maitland City Council | Ordinary Meeting Minutes P10 24 NOVEMBER 2020

OFFICER’S RECOMMENDATION

THAT

1. The report be noted; and 2. Council indicates whether the application is supported in accordance with the recommendations of Council staff included in the attached assessment report.

Cr S Halliday, Cr M Griffin and Cr P Garnham declared a non-pecuniary interest in this item. Cr S Halliday, Cr M Griffin and Cr P Garnham left the chambers at 5.41pm and did not participate in discussion or voting on the matter.

COUNCIL RESOLUTION

THAT

1. The report be noted; and 2. Council indicates whether the application is supported in accordance with the recommendations of Council staff included in the attached assessment report.

Moved Cr M Yarrington, Seconded Cr D Ferris

CARRIED

For: Cr R Aitchison Against: Cr L Baker Cr D Ferris Cr H Meskauskas Cr B Mitchell Cr N Penfold Cr K Ranadive Cr B Whiting Cr M Yarrington

Maitland City Council | Ordinary Meeting Minutes P11 24 NOVEMBER 2020

10.4 DA 2020/567 RESIDENTIAL AGED CARE FACILITY (168 BEDS INCLUDING RESPITE, DEMOLITION OF EXISTING FACILITY, TREE REMOVAL, CAR PARKING, SIGNAGE AND ASSOCIATED SITE WORKS) - 7 MARTIN CL & 42 STRONACH AVE, EAST MAITLAND (LOT 57 DP260833 &LOT 5 DP258655)

FILE NO: DA 2020/567 ATTACHMENTS: 1. Assessment Report 2. Development Plans (under separate cover) RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning & Environment Cindy Littlewood - Manager Development & Compliance AUTHOR: Kristy Cousins - Senior Development Planner APPLICANT: Churches of Christ Community Care (t/a Fresh Hope Care) OWNER: The Churches of Christ Property Trust PROPOSAL: Residential Aged Care Facility (168 beds including respite, demolition of existing facility, tree removal, car parking, signage and associated site works) LOCATION: 7 Martin Close & 42 Stronach Ave, East Maitland (Lot 57 DP260833 & Lot 5 DP258655) ZONE: R1 General Residential

EXECUTIVE SUMMARY

The purpose of this report is to brief the Council on Development Application (DA) 2020/567 for the demolition of existing Residential Aged Care Facility (RACF) and construction of a new RACF and associated infrastructure. The DA was lodged on the 19 June 2020 with a Capital Investment Value of works estimated at $36,737,968 plus GST. The DA is required to be reported to the Hunter Central Coast Regional Planning Panel (HCCRPP) for determination on the basis that the estimated value of the development exceeds the $30 million threshold.

OFFICER’S RECOMMENDATION

THAT

1. The report be noted, and 2. Council indicates whether the application is supported in accordance with the recommendations of Council staff included in the attached assessment report.

Maitland City Council | Ordinary Meeting Minutes P12 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. The report be noted, and 2. Council indicates whether the application is supported in accordance with the recommendations of Council staff included in the attached assessment report.

Moved Cr B Whiting, Seconded Cr M Yarrington

CARRIED

For: Cr R Aitchison Against: Cr L Baker Cr D Ferris Cr H Meskauskas Cr B Mitchell Cr N Penfold Cr K Ranadive Cr B Whiting Cr M Yarrington

Cr S Halliday, Cr M Griffin and Cr P Garnham returned to the chambers at 5.49pm.

Maitland City Council | Ordinary Meeting Minutes P13 24 NOVEMBER 2020

10.5 PROPOSED AMENDMENT TO THE MAITLAND LEP 2011 - REZONING OF GILLIESTON HEIGHTS SOUTH

FILE NO: RZ 14/002 ATTACHMENTS: 1. Planning Proposal (Western Precinct) (under separate cover) 2. Planning Proposal (Eastern Precinct) (under separate cover) 3. Locality Plan 4. Hydro Kurri Kurri Rezoning Master Plan 5. DPIE Letter 2.11.2020 6. Agency Consultation Tables 1 & 2 RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning & Environment Andrew Neil - Manager Strategic Planning Claire Swan - Coordinator City Planning AUTHOR: Carolyn Maginnity - 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 resolved on 24 November 2015 to progress a planning proposal for land at Gillieston Heights South. The planning proposal (the current planning proposal) sought rezoning to facilitate residential development on land east and west of Cessnock Road. It also considered land to the west of South Maitland Railway for environmental conservation purposes.

The purpose of this Council report is to provide an update regarding the current planning proposal and seek a Council resolution to submit two (2) revised planning proposals for the land east and west of Cessnock Road to the Department, seeking new Gateway determinations. This will enable the two (2) revised planning proposals to proceed to public exhibition in a timely manner. The land to the west of South Maitland Railway will no longer be included, as it is likely to be subject to a future biodiversity stewardship agreement.

Council received correspondence from the Department, on 2 October 2020, advising of a focused work program to finalise planning proposals that have been under consideration for four (4) or more years. This is part of the recently announced Planning System Acceleration Program. The current planning proposal is identified as one of these proposals and as such, is required to be finalised by 31 December 2020, consistent with the Department’s advice.

In order to finalise the current planning proposal there are outstanding matters to address, including public exhibition. It is not possible to finalise the planning proposal by 31 December 2020 due to the outstanding matters. The Department has advised Council to submit a revised

Maitland City Council | Ordinary Meeting Minutes P14 24 NOVEMBER 2020 planning proposal to the Department, seeking a new Gateway determination. The Department has assured Council that the new Gateway determination will recognise the work undertaken to address the conditions of the original and altered Gateway determination and enable the revised planning proposals to proceed to public exhibition. The Department has indicated to Council that the Minister will only discontinue the current planning proposal once new Gateway determinations have been issued. This is anticipated to occur before the 31 December 2020.

The current planning proposal includes approximately 470 hectares of land on the western side of Cessnock Road (western precinct) which is owned by Hydro Aluminium Kurri Kurri Pty Ltd (Hydro), as well as approximately 43 hectares of land on the eastern side of Cessnock Road (eastern precinct). The eastern precinct comprises five (5) separately owned land parcels.

Agency consultation for the current planning proposal identified a number of outstanding matters for resolution that are different for the eastern and western precincts. The variation in timeframes to address these outstanding matters may result in possible delays in the rezoning process. For these reasons, separating the current planning proposal into two (2) revised planning proposals is considered appropriate.

Planning Proposal (Western Precinct) and Planning Proposal (Eastern Precinct) are provided as Attachments 1 and 2 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 two (2) revised planning proposals, Gillieston Heights South Planning Proposal (Western Precinct) and Planning Proposal (Eastern Precinct), to the Department of Planning, Industry and Environment, seeking new Gateway determinations. 2. Following issue of the new Gateway determinations, 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 determinations. 3. A further report be presented to Council following public exhibition of Planning Proposal (Western Precinct) and Planning Proposal (Eastern Precinct) to consider any submissions received during the community consultation process.

Maitland City Council | Ordinary Meeting Minutes P15 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT:

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

Maitland City Council | Ordinary Meeting Minutes P16 24 NOVEMBER 2020

10.6 ANAMBAH URBAN RELEASE AREA - LEP AMENDMENT NO. 26

FILE NO: RZ 12/001 ATTACHMENTS: 1. DPIE Letter RESPONSIBLE OFFICER: Matthew Prendergast - Group Manager Planning & Environment Andrew Neil - Manager Strategic Planning Claire Swan - Coordinator City Planning AUTHOR: Mark Roser - Strategic Town Planner MAITLAND +10 Outcome 7. Diverse and affordable housing COUNCIL OBJECTIVE: 7.2.1 To ensure land and housing choice is consistent with forecast demographic demand

EXECUTIVE SUMMARY

The following report is for Council information and provides a summary and update on the progress of the Anambah Urban Release Area (AURA) Planning Proposal as it relates to recent correspondence from the Department of Planning Industry and Environment (the Department) regarding the Planning System Acceleration Program.

OFFICER’S RECOMMENDATION

THAT

1. The information contained in this report be noted.

COUNCIL RESOLUTION

THAT

1. The information contained in this report be noted.

Moved Cr H Meskauskas, Seconded Cr B Mitchell

CARRIED

Maitland City Council | Ordinary Meeting Minutes P17 24 NOVEMBER 2020

For: Cr R Aitchison Against: Cr D Ferris 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

Maitland City Council | Ordinary Meeting Minutes P18 24 NOVEMBER 2020

10.7 MAITLAND REGIONAL SPORTS COMPLEX NAMING PROPOSAL

FILE NO: 37412 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Judy Jaeger - Group Manager Culture, Community & Recreation Laurie D'Angelo-Edmonds - Manager Community and Recreation AUTHOR: Kelly Baldwin - Coordinator Major Venues & Facilities MAITLAND +10 Outcome 2. Community and recreation services and facilities COUNCIL OBJECTIVE: 2.1.1 To plan for a broad range of community, recreation and leisure infrastructure and services that meets the needs of a growing community

EXECUTIVE SUMMARY

In line with Council’s Naming and Renaming of Buildings, Parks and Reserves policy, and due to the significant investment made to the sportsground and athletics centre located at Lot 7007 DP1126284, Lot 1 DP329996, Lot 1 DP722550, Lot 7006 DP1126284, Lot 7306 DP1154271 and Lot 7307 DP115427, a review of the naming hierarchy of each facility and the broader precinct currently referred to as the 'Maitland Regional Sports Hub' located in Central Maitland was presented to Council on 12 May 2020.

The review highlighted the need for a consistent identification of each facility and the broader precinct at both a local and regional level. In addition, recognition of both Paul Critchley and Mr Smyth's contributions to the precinct need to be considered as part of the naming hierarchy.

All seven (7) recommendations presented in the report were adopted and the recommended names were placed on public exhibition for 28 days. No submissions or comments were received during the public exhibition period. As such, Council officers proceeded to forward the naming proposals to the GNB for their consideration.

This report details the outcome of the geographical naming applications submitted to the GNB for Maitland Regional Sportsground, Maitland Regional Athletics Centre and the broader precinct and recommended next steps to implement the formal naming of each facility. and the broader precinct.

Maitland City Council | Ordinary Meeting Minutes P19 24 NOVEMBER 2020

OFFICER’S RECOMMENDATION

THAT

1. Council officers proceed with signage to be installed at Maitland Regional Sportsground, Maitland Regional Athletics Centre and Harold Gregson Park in line with the geographic naming approved by the Geographical Names Board. 2. Council officers proceed with signage to be installed at the entry points of the precinct to support identification of the broader precinct Maitland Regional Sports Complex and relevant marketing and promotional content to be updated to reflect this. 3. Council officers proceed to install signage for the 'Paul Critchley Meeting Room' in the Maitland Regional Athletics Centre to recognize Paul Critchley's contribution to the Athletics in the Maitland community. 4. The new entry to the precinct off High St, be named Smyth Entry in order to recognise the transfer of land ownership from the late Mr Smyth to Maitland City Council and Council officers proceed with signage to be installed at the High St entrance to reflect the same.

Maitland City Council | Ordinary Meeting Minutes P20 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

Moved Cr B Whiting, 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

Maitland City Council | Ordinary Meeting Minutes P21 24 NOVEMBER 2020

10.8 CITYWIDE PLAYSPACE FOR MAITLAND LOCAL GOVERNMENT AREA

FILE NO: 101/28 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Judy Jaeger - Group Manager Culture, Community & Recreation Laurie D'Angelo-Edmonds - Manager Community and Recreation AUTHOR: Emily Livens - Coordinator Recreation & Community Planning MAITLAND +10 Outcome 2. Community and recreation services and facilities COUNCIL OBJECTIVE: 2.1.1 To plan for a broad range of community, recreation and leisure infrastructure and services that meets the needs of a growing community

EXECUTIVE SUMMARY

At its meeting on 14 July 2020 a notice of motion was submitted for the prospect of constructing a large, fenced playground of significance catering for all abilities and ages in the Maitland Local Government Area. Investigations have taken place into the costings and potential location for a large playground.

OFFICER’S RECOMMENDATION

THAT

1. That the contents of this report be noted.

PROCEDINGS IN BRIEF

Cr M Yarrington moved the following motion:

1. That the contents of this report be noted; 2. Production of concept plans and cost estimates for a playspace of significance progress to consideration in the next delivery program; 3. Consideration be given to funding options, including grant applications.

Moved Cr M Yarrington, Seconded Cr P Garnham

Maitland City Council | Ordinary Meeting Minutes P22 24 NOVEMBER 2020

Cr H Meskauskas moved an amendment:

AMENDMENT

THAT

1. That the contents of this report be noted.

Moved Cr H Meskauskas, Seconded Cr R Aitchison

The amendment when put to the meeting was declared lost.

For: Cr R Aitchison Against: Cr D Ferris Cr L Baker Cr P Garnham Cr H Meskauskas Cr M Griffin Cr K Ranadive Cr S Halliday Cr B Whiting Cr B Mitchell Cr N Penfold Cr M Yarrington

The original motion was then put to the meeting and declared carried.

COUNCIL RESOLUTION

THAT

Moved Cr M Yarrington, Seconded Cr P Garnham

CARRIED

Maitland City Council | Ordinary Meeting Minutes P23 24 NOVEMBER 2020

For: Cr L Baker Against: Cr R Aitchison 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

Maitland City Council | Ordinary Meeting Minutes P24 24 NOVEMBER 2020

10.9 MOBILE CCTV TRIAL FOR THE MAITLAND LGA

FILE NO: 35/7/4 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Judy Jaeger - Group Manager Culture, Community & Recreation Laurie D'Angelo-Edmonds - Manager Community and Recreation AUTHOR: April Phillips - Community Planner MAITLAND +10 Outcome 1. Sense of place and pride COUNCIL OBJECTIVE: 1.4.1 To provide public spaces where people feel safe and connected

EXECUTIVE SUMMARY

Research has been undertaken on Ryde City Council’s trial of mobile CCTV and similar product costings to assist in determining the financial and practical viability of a mobile CCTV trial in Woodberry and Rutherford, in response to the Notice of Motion at Council's ordinary meeting held on Tuesday 14 July 2020.

Outcomes of this research include information on Ryde City Council’s trial and considerations identified as a result of this case study. Costings for the hire and purchase of a similar mobile CCTV trailer unit has been included as an example.

To determine if mobile CCTV is a viable option for Council in addressing crimes including anti- social behavior and vandalism at hotspot areas across Maitland, further research and stakeholder consultation is required.

OFFICER’S RECOMMENDATION

THAT

1. Council note that the Mobile CCTV trial adopted by Ryde City Council was used to address the issue of illegal dumping of waste. 2. Council Officer undertake further investigation into the use and outcomes of mobile CCTV to address issues of anti-social behaviour and vandalism by other Councils and report back to Council by April 2021.

Maitland City Council | Ordinary Meeting Minutes P25 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

Moved Cr H Meskauskas, 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

Maitland City Council | Ordinary Meeting Minutes P26 24 NOVEMBER 2020

10.10 APPLICATION TO TEMPORARILY SUSPEND ALCOHOL FREE ZONE FOR THE LEVEE CHRISTMAS SPECIAL

FILE NO: 139/57 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Adam Franks - Coordinator Events Rachel MacLucas - Executive Manager Vibrant City AUTHOR: Kara Stonestreet - Events Team Leader MAITLAND +10 Outcome 14. Central Maitland, vibrant heart of our City COUNCIL OBJECTIVE: 14.2.1 To continue the establishment of The Levee as a lifestyle precinct

EXECUTIVE SUMMARY

Council’s Marketing Team has applied to temporarily suspend the Alcohol Free Zone (AFZ) in High Street between Bulwer Street and Elgin Street, Central Maitland for The Levee Christmas Special.

The purpose of this report is to inform Council that the 28 day public exhibition period has concluded and that no public submissions were received. In addition to the public exhibition, correspondence was sent to the NSW Police – Hunter Local Area Command seeking comment who responded with no objection to the proposed temporary suspension.

The date and time of the proposed temporary suspension is:

• Thursday 3 December 2020, 4.00pm to 8.00pm

OFFICER’S RECOMMENDATION

THAT

1. Council approve the application to temporarily suspend the AFZ in High Street between Bulwer Street and Elgin Street.

2. The period of suspension be restricted to Thursday 3 December from 4.00pm to 8.00pm.

3. The cost of covering and uncovering the signs is to be met by the applicant.

Maitland City Council | Ordinary Meeting Minutes P27 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Council approve the application to temporarily suspend the AFZ in High Street between Bulwer Street and Elgin Street.

2. The period of suspension be restricted to Thursday 3 December from 4.00pm to 8.00pm.

3. The cost of covering and uncovering the signs is to be met by the applicant.

Moved Cr P Garnham, 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

Maitland City Council | Ordinary Meeting Minutes P28 24 NOVEMBER 2020

Council moved into Policy & Finance Committee at 6.41pm

Moved Cr B Mitchell, 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

Cr H Meskauskas left the chambers at 6.41pm.

Cr M Griffin left the chambers at 6.43pm.

Cr M Griffin returned to the chambers at 6.44pm

Cr H Meskauskas returned to the chambers at 6.45pm.

Maitland City Council | Ordinary Meeting Minutes P29 24 NOVEMBER 2020

11 POLICY AND FINANCE COMMITTEE

11.1 PRESENTATION OF THE FINANCIAL STATEMENTS AND AUDITORS REPORT FOR THE YEAR ENDED 30 JUNE 2020

FILE NO: 2/8/24 ATTACHMENTS: 1. Financial Statements 30 June 2020 - Under Separate Cover 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

EXECUTIVE SUMMARY

Section 419 of the Local Government Act, 1993 (NSW) requires Council to present its financial reports, together with the auditor’s reports, to the public.

OFFICER’S RECOMMENDATION

THAT

1. The financial reports, together with the auditor’s reports, for the year ended 30 June 2020 be presented to the public.

COUNCIL RESOLUTION

THAT

1. The financial reports, together with the auditor’s reports, for the year ended 30 June 2020 be presented to the public.

Moved Cr R Aitchison, Seconded Cr K Ranadive

CARRIED

Maitland City Council | Ordinary Meeting Minutes P30 24 NOVEMBER 2020

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

Maitland City Council | Ordinary Meeting Minutes P31 24 NOVEMBER 2020

11.2 ANNUAL REPORT 2019/20

FILE NO: 35/36/26 ATTACHMENTS: 1. Annual Report 2019/20 - Under Separate Cover RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and Business Systems AUTHOR: Kath Andersen - Manager Integrated Planning and Reporting MAITLAND +10 Outcome 17. An efficient and effective Council COUNCIL OBJECTIVE: 17.1.1 To see Council's integrated planning and reporting recognised by the community, Council and the NSW State Government

EXECUTIVE SUMMARY

Council’s Annual Report 2019/20 provides an overview of the activities and achievements of Council in providing services and projects to our community over the last financial year.

The report is community focused and provides open and transparent reporting on budgetary and operational performance and in meeting a range of legislated governance standards.

Included are performance highlights, operational activities within the themes of Maitland +10, our community strategic plan, infrastructure works delivered under our capital works program and financial statements.

OFFICER’S RECOMMENDATION

THAT

1. Council adopt the Annual Report 2019/20; 2. The Annual Report 2019/20 is published on Council’s website; 3. The Office of Local Government is advised and sent a website link to the Annual Report by 31 December 2020.

Maitland City Council | Ordinary Meeting Minutes P32 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Council adopt the Annual Report 2019/20;

2. The Annual Report 2019/20 is published on Council’s website;

3. The Office of Local Government is advised and sent a website link to the Annual Report by 31 December 2020.

Moved Cr B Whiting, 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

Maitland City Council | Ordinary Meeting Minutes P33 24 NOVEMBER 2020

11.3 FIRST QUARTER BUDGET REVIEW 2020/21 - PERIOD ENDED 30 SEPTEMBER 2020

FILE NO: 2/8 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

EXECUTIVE SUMMARY

The Quarterly Budget Review Statement (QBRS) presents a summary of Council’s financial position at the end of each quarter. It is a mechanism whereby Councillors and the community are informed of Council’s progress against the Operational Plan (original budget) and the last revised budget, along with recommended changes and reasons for major variances.

OFFICER’S RECOMMENDATION

THAT

1. The variations for the 30 September 2020 quarter be approved and form part of the Operational Plan for 2020/21.

Maitland City Council | Ordinary Meeting Minutes P34 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. The variations for the 30 September 2020 quarter be approved and form part of the Operational Plan for 2020/21.

Moved Cr D Ferris, 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

Maitland City Council | Ordinary Meeting Minutes P35 24 NOVEMBER 2020

11.4 STATEMENT OF INVESTMENTS AS AT 31 OCTOBER 2020

FILE NO: 82/2 ATTACHMENTS: 1. Council's holdings as at 31 October 2020 (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.

Due to timing of monthly reports issued from Prudential Investment Services and upcoming Council meeting dates, Councils is advised that Statement of Investment reports for November, December and January will be presented to Council in February 2021.

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; 3. Council note that the Statement of Investment reports for November, December and January will be presented in February 2021.

Maitland City Council | Ordinary Meeting Minutes P36 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

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

Maitland City Council | Ordinary Meeting Minutes P37 24 NOVEMBER 2020

11.5 CODE OF CONDUCT AND PROCEDURES - DISCLOSURES RELATING TO SOCIAL MEDIA AND WEBSITE ADMINISTRATION AND UPDATE TO REQUIREMENTS OF OLG MODEL

FILE NO: 35/7/4 ATTACHMENTS: 1. Code of Conduct 2020 2. Procedures for the Administration of the Code of Conduct 2020 3. Submissions RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and Business Systems AUTHOR: Jon Dundas - Manager Business Systems Property & Governance 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

At its meeting of the 25th August 2020, Council resolved to amend its Code of Conduct and Procedures to require that the administrative interests of councillors in relation to social media pages and websites be disclosed in the form of a public ‘Social Media and Websites Disclosures Register'.

Given the extent of the changes proposed, the revised Code was placed on public exhibition from 1st to 30th October 2020. The exhibition was supported by an active engagement plan, incorporating a range of tactics from social media, electronic direct mail and static displays. Twenty two (22) submissions were received, the majority of which were in support of the changes.

Whilst this process was underway, the Office of Local Government (OLG) made amendments to the Model Code of Conduct for Local Councils in NSW and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW. The opportunity has been taken to incorporate these changes in the 2020 edition and to separate the code and procedures into two separate documents to correspond with the OLG documents (attached).

In light of the broad alignment of the changes with the community's expectations of elected officials, it is recommended that Council proceed with the changes pertaining to social media and website disclosures and adopt the revised Code of Conduct 2020 and the Procedures for the Administration of the Code of Conduct 2020.

Maitland City Council | Ordinary Meeting Minutes P38 24 NOVEMBER 2020

OFFICER’S RECOMMENDATION

THAT 1. Council notes 22 submissions were received during the public exhibition period; 2. Council adopts the revised Code of Conduct 2020 and the Procedures for the Administration of the Code of Conduct 2020 (attached), incorporating Part 5A changes as exhibited, as well as changes aligned to the reissued Model Code of Conduct and Procedures from OLG; 3. Council notes the subsequent requirement for the initial disclosure to be made for the year ending 30 June 2020, in line with the resolution of 25th August 2020.

COUNCIL RESOLUTION

Moved Cr B Mitchell, Seconded Cr K Ranadive

CARRIED

For: Cr R Aitchison Against: Cr M Griffin Cr L Baker Cr S Halliday Cr D Ferris Cr P Garnham Cr H Meskauskas Cr B Mitchell Cr N Penfold Cr K Ranadive Cr B Whiting Cr M Yarrington

Maitland City Council | Ordinary Meeting Minutes P39 24 NOVEMBER 2020

11.6 FORMAL ADOPTION OF BUSINESS CONTINUITY PLAN AND PANDEMIC SUBPLAN

FILE NO: 35/33/20 ATTACHMENTS: 1. Business Continuity Plan and Pandemic Subplan RESPONSIBLE OFFICER: David Evans - General Manager AUTHOR: Leah Flint - Group Manager Strategy Performance and Business Systems Jon Dundas - Manager Business Systems Property & Governance Annette Peel - Manager Finance & Risk MAITLAND +10 Outcome 18. A Council for now and future generations COUNCIL OBJECTIVE: 18.3.3 To contribute to emergency planning and management for the City of Maitland

EXECUTIVE SUMMARY

As evidenced over the course of 2020, Maitland City Council has the demonstrated ability to adapt and deliver services to the community in a period of disruption.

Council's outward facing response to the COVID-19 coronavirus pandemic has been documented in Council briefings and reports, most comprehensively in the report presented to Council on 14th April 2020 and via an update report on the 26th May 2020.

However, in addition to mechanisms designed to assist our community to respond to and recover from the pandemic, Council officers have worked through a range of processes to meet and comply with all relevant public health orders relating to both its operations as an employer and as a provider of essential services to the community.

Whilst the pandemic circumstance has not abated in full, the opportunity has been taken to finalise and formally present Council's Business Continuity Plan and Pandemic Sub Plan for adoption. This will give greater visibility to this work and a public assurance of Council's approach when facing an event that disrupts our normal operational environment.

OFFICER’S RECOMMENDATION

THAT

1. Council adopts the Business Continuity Plan (2020); 2. Council adopts the Pandemic Sub Plan (2020).

Maitland City Council | Ordinary Meeting Minutes P40 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Council adopts the Business Continuity Plan (2020); 2. Council adopts the Pandemic Sub Plan (2020).

Moved Cr B Whiting, 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

Maitland City Council | Ordinary Meeting Minutes P41 24 NOVEMBER 2020

11.7 OUTDOOR DINING POLICY

FILE NO: 103/75 ATTACHMENTS: 1. NSW Outdoor Dining Policy RESPONSIBLE OFFICER: Rachel MacLucas - Executive Manager Vibrant City AUTHOR: Caroline Booth - City Economy Officer MAITLAND +10 Outcome 14. Central Maitland, vibrant heart of our City COUNCIL OBJECTIVE: 14.2.1 To continue the establishment of The Levee as a lifestyle precinct

EXECUTIVE SUMMARY

The NSW Government has adopted a policy to encourage the establishment of outdoor dining areas across the state to create vibrant local communities and additional opportunities for food based businesses.

In developing the NSW Outdoor Dining Policy, the Small Business Commission consulted with many small businesses and worked closely with Maitland City Council together with six other councils, these being the City of Parramatta, Canterbury-Bankstown, Snowy Valleys, Liverpool Plains Shire, Queanbeyan-Palerang Regional and Port Stephens councils in a 12 month trial.

The purpose of this report is to seek to adopt and implement the NSW Outdoor Dining Policy 2019, and participate in a new trial that expands the policy to include small bars and pubs.

OFFICER’S RECOMMENDATION

THAT

1. Council note the Outdoor Dining Policy established by the NSWSBC to encourage businesses to provide outdoor dining by removing barriers to entry, consequently increasing city vibrancy and growth.

2. Council resolve to adopt the NSW Outdoor Dining Policy for the Maitland Local Government Area (LGA).

3. Council continues to waive the fees and charges for current and new outdoor dining approvals.

4. Council extends the Policy temporarily to include existing small bars and pubs as part of the NSW Government Trial with Liquor & Gaming NSW.

Maitland City Council | Ordinary Meeting Minutes P42 24 NOVEMBER 2020

5. The General Manager be authorised to amend the Policy as required to align it with any subsequent modification of the model policy updated by the NSWSBC.

COUNCIL RESOLUTION

THAT

1. Council note the Outdoor Dining Policy established by the NSWSBC to encourage businesses to provide outdoor dining by removing barriers to entry, consequently increasing city vibrancy and growth.

2. Council resolve to adopt the NSW Outdoor Dining Policy for the Maitland Local Government Area (LGA).

3. Council continues to waive the fees and charges for current and new outdoor dining approvals.

4. Council extends the Policy temporarily to include existing small bars and pubs as part of the NSW Government Trial with Liquor & Gaming NSW.

5. The General Manager be authorised to amend the Policy as required to align it with any subsequent modification of the model policy updated by the NSWSBC.

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 Cr K Ranadive Cr B Whiting Cr M Yarrington

Maitland City Council | Ordinary Meeting Minutes P43 24 NOVEMBER 2020

11.8 CHILD PROTECTION POLICY

FILE NO: 130/75 ATTACHMENTS: 1. Child Protection Policy 2020 RESPONSIBLE OFFICER: Tiffany Allen - Executive Manager Workplace Culture and Safety AUTHOR: Emma Thomas - Manager Human Resources MAITLAND +10 Outcome 17. An efficient and effective Council COUNCIL OBJECTIVE: 17.3.1 To maintain an organisational culture that supports continual improvement, innovation and change to meet community needs

EXECUTIVE SUMMARY

The overall objective of this Policy is to ensure compliance with current State and Federal Government Child Protection Legislation and to protect children and young people in the workplace.

OFFICER’S RECOMMENDATION

THAT

1. The Child Protection Policy 2016 be rescinded. 2. The Child Protection Policy 2020 be adopted.

COUNCIL RESOLUTION

THAT

1. The Child Protection Policy 2016 be rescinded. 2. The Child Protection Policy 2020 be adopted.

Moved Cr B Whiting, Seconded Cr K Ranadive

CARRIED

Maitland City Council | Ordinary Meeting Minutes P44 24 NOVEMBER 2020

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

Maitland City Council | Ordinary Meeting Minutes P45 24 NOVEMBER 2020

11.9 MAITLAND AQUATICS CENTRES - FEES & CHARGES SQUAD AND FITNESS SESSIONS

FILE NO: 12/58 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Judy Jaeger - Group Manager Culture, Community & Recreation AUTHOR: Laurie D'Angelo-Edmonds - Manager Community and Recreation Suellen Goyne - Coordinator Aquatics Centres MAITLAND +10 Outcome 2. Community and recreation services and facilities COUNCIL OBJECTIVE: 2.1.3 To maintain community, recreation and leisure facilities to meet user needs

EXECUTIVE SUMMARY

The proposal of additional fees & charges for a professional squad program at Maitland Aquatics. It is anticipated that this Squad Program will be a significant regional asset to our current swimming pathway.

In the development of the additional draft 2020/21 Fees and Charges Schedule, Council staff conducted research on like facilities and their squad program models across the region. In addition, key stakeholders including local swim clubs, relevant peak sporting bodies along with industry trends were reviewed to ensure the fee structure is fit for purpose and will encourage both local and regional use of the venue.

The Draft 2020/21 Fees and Charges Schedule for Maitland Aquatic Centre's Squad and Fitness Sessions were placed on public exhibition Monday 19 October 2020 to Monday 16 November 2020. During the exhibition period no submissions were received. As such, this report recommends the adoption of the Draft 2020/21 Fees and Charges Schedule for Maitland Aquatic Centre's Squad and Fitness Programs.

OFFICER’S RECOMMENDATION

THAT

1. The Draft 2020/21 Fees and Charges for Maitland Aquatic Centre's Squad and Fitness Sessions are adopted. 2. The current 2020/21 Fees and Charges Schedule be amended to include the Maitland Aquatic Centre's Squad and Fitness Sessions.

Maitland City Council | Ordinary Meeting Minutes P46 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

Moved Cr H Meskauskas, 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

Maitland City Council | Ordinary Meeting Minutes P47 24 NOVEMBER 2020

Council resumed into Ordinary Council at 7.28pm.

Moved Cr B Whiting, 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

Maitland City Council | Ordinary Meeting Minutes P48 24 NOVEMBER 2020

The General Manager read the recommendations from the Policy & Finance Committee.

11.1 PRESENTATION OF THE FINANCIAL STATEMENTS AND AUDITORS REPORT FOR THE YEAR ENDED 30 JUNE 2020

COMMITTEE RECOMMENDATION

THAT

1. The financial reports, together with the auditor’s reports, for the year ended 30 June 2020 be presented to the public.

Moved Cr R Aitchison, Seconded Cr K Ranadive

CARRIED

11.2 ANNUAL REPORT 2019/20

COMMITTEE RECOMMENDATION

THAT

1. Council adopt the Annual Report 2019/20;

2. The Annual Report 2019/20 is published on Council’s website;

3. The Office of Local Government is advised and sent a website link to the Annual Report by 31 December 2020.

Moved Cr B Whiting, Seconded Cr P Garnham

CARRIED

Maitland City Council | Ordinary Meeting Minutes P49 24 NOVEMBER 2020

11.3 FIRST QUARTER BUDGET REVIEW 2020/21 - PERIOD ENDED 30 SEPTEMBER 2020

COMMITTEE RECOMMENDATION

THAT

Moved Cr D Ferris, Seconded Cr B Whiting

CARRIED

11.4 STATEMENT OF INVESTMENTS AS AT 31 OCTOBER 2020

COMMITTEE RECOMMENDATION

THAT

Moved Cr S Halliday, Seconded Cr B Whiting

CARRIED

Maitland City Council | Ordinary Meeting Minutes P50 24 NOVEMBER 2020

11.5 CODE OF CONDUCT AND PROCEDURES - DISCLOSURES RELATING TO SOCIAL MEDIA AND WEBSITE ADMINISTRATION AND UPDATE TO REQUIREMENTS OF OLG MODEL

COMMITTEE RECOMMENDATION

THAT

1. Council notes 22 submissions were received during the public exhibition period; 2. Council adopts the revised Code of Conduct 2020 and the Procedures for the Administration of the Code of Conduct 2020 (attached), incorporating Part 5A changes as exhibited, as well as changes aligned to the reissued Model Code of Conduct and Procedures from OLG; 3. Council notes the subsequent requirement for the initial disclosure to be made for the year ending 30 June 2020, in line with the resolution of 25th August 2020.

Moved Cr B Mitchell, Seconded Cr K Ranadive

CARRIED

11.6 FORMAL ADOPTION OF BUSINESS CONTINUITY PLAN AND PANDEMIC SUBPLAN

COMMITTEE RECOMMENDATION

THAT

1. Council adopts the Business Continuity Plan (2020); 2. Council adopts the Pandemic Sub Plan (2020).

Moved Cr B Whiting, Seconded Cr K Ranadive

CARRIED

Maitland City Council | Ordinary Meeting Minutes P51 24 NOVEMBER 2020

11.7 OUTDOOR DINING POLICY

COMMITTEE RECOMMENDATION

THAT

1. Council note the Outdoor Dining Policy established by the NSWSBC to encourage businesses to provide outdoor dining by removing barriers to entry, consequently increasing city vibrancy and growth.

2. Council resolve to adopt the NSW Outdoor Dining Policy for the Maitland Local Government Area (LGA).

3. Council continues to waive the fees and charges for current and new outdoor dining approvals.

4. Council extends the Policy temporarily to include existing small bars and pubs as part of the NSW Government Trial with Liquor & Gaming NSW.

5. The General Manager be authorised to amend the Policy as required to align it with any subsequent modification of the model policy updated by the NSWSBC.

Moved Cr B Whiting, Seconded Cr M Yarrington

CARRIED

11.8 CHILD PROTECTION POLICY

COMMITTEE RECOMMENDATION

THAT

1. The Child Protection Policy 2016 be rescinded. 2. The Child Protection Policy 2020 be adopted.

Moved Cr B Whiting, Seconded Cr K Ranadive

CARRIED

Maitland City Council | Ordinary Meeting Minutes P52 24 NOVEMBER 2020

11.9 MAITLAND AQUATICS CENTRES - FEES & CHARGES SQUAD AND FITNESS SESSIONS

COMMITTEE RECOMMENDATION

THAT

Moved Cr H Meskauskas, Seconded Cr B Whiting

CARRIED

Maitland City Council | Ordinary Meeting Minutes P53 24 NOVEMBER 2020

A motion was moved that the Committee’s recommendations be adopted.

Moved Cr B Mitchell, 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

Maitland City Council | Ordinary Meeting Minutes P54 24 NOVEMBER 2020

12 NOTICES OF MOTION/RESCISSION Nil

13 QUESTIONS WITH NOTICE Nil

14 URGENT BUSINESS Nil

Council moved into the Committee of the Whole at 7.33pm.

Moved Cr M Griffin, Seconded Cr Ranadive

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 7.34pm.

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

Maitland City Council | Ordinary Meeting Minutes P55 24 NOVEMBER 2020

15 COMMITTEE OF THE WHOLE

15.1 ACQUISITION FOR ROAD WIDENING - 72 WOODBERRY ROAD MILLERS FOREST

FILE NO: PRP28315 ATTACHMENTS: 1. Locality Plan 72 Woodberry Road 2. Plan of Subdivision 72 Woodberry Road RESPONSIBLE OFFICER: Leah Flint - Group Manager Strategy Performance and Business Systems AUTHOR: Barbara Thomson - Senior Property Advisor, Business Systems, Property & Governance 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: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

EXECUTIVE SUMMARY

Council is undertaking road widening on Woodberry Road Millers Forest for the purpose of road safety upgrades. This report deals with the proposed land acquisition for road widening across the frontage of 72 Woodberry Road. Voluntary agreement has been reached with the property owners with this dealing reported to Council for acceptance.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION

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

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

Maitland City Council | Ordinary Meeting Minutes P56 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Council acquire land with the intention to dedicate the acquired land to the public as road consisting of 1376m² over Lot 3A DP197, 72 Woodberry Road Millers Forest. 2. Upon acquisition of the land, the land is classified as operational. 3. Council pays to the affected property owner, compensation as outlined within this report. 4. Council pays all reasonable survey, legal and ancillary costs which are necessary to acquire the land. 5. The Common Seal of Council be affixed to all survey plans as required by section 195D of the Conveyancing Act 1919 (NSW). 6. The General Manager be authorised to execute any documentation relevant to affect these works.

Moved Cr M Griffin, 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

Maitland City Council | Ordinary Meeting Minutes P57 24 NOVEMBER 2020

15.2 CONSIDERATION OF TENDERS - ASPHALT RESURFACING WORKS - RAILWAY AVENUE, GLENROY STREET AND HAUSSMAN DRIVE, THORNTON

FILE NO: 2020/137/1944 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works Ashley Kavanagh - Manager Works AUTHOR: Kynan Lindus - Civil Engineer MAITLAND +10 Outcome 5. Moving around our City COUNCIL OBJECTIVE: 5.1.3 To continue to improve road safety for residents of the City 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 is currently undertaking road reconstruction and upgrade works at Haussman Drive, Glenroy Street and Railway Avenue, Thornton as part of Stage 1 of the Haussman Drive upgrade project.

Tenders have been called for the asphalt portion of the works and are presented for Council’s consideration and determination. The tenders are being reported to 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.

Maitland City Council | Ordinary Meeting Minutes P58 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Council decline to accept any of the tenders submitted, based on no cost savings presented compared to the existing Local Government Procurement panel contract for Road Resurfacing Works. 2. Council cancel the proposal for the contract and undertakes the procurement of these services for the project under the Regional Procurement panel contract for Provision of Road Resurfacing Works.

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

Maitland City Council | Ordinary Meeting Minutes P59 24 NOVEMBER 2020

15.3 MAITLAND ADMINISTRATION CENTRE PRELIMINARY ARCHAEOLOGICAL INVESTIGATIONS

FILE NO: 2020/000004 ATTACHMENTS: Nil RESPONSIBLE OFFICER: Chris James - Group Manager Infrastructure & Works Graeme Matthews - Manager Projects & Services AUTHOR: Aaron Cook - Senior Project Architect MAITLAND +10 Outcome 18. A Council for now and future generations COUNCIL OBJECTIVE: 18.3.4 To develop an activity based workplace that supports collaboration, wellbeing and a focus on citizen 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: (d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

EXECUTIVE SUMMARY

Preliminary archaeological investigations are proposed at the Maitland Administration Centre (MAC) project site prior to the commencement of the construction contract. This report considers a schedule rates for archaeological services and provides a recommendation for the appointment of an archaeologist to provide the services.

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.

Maitland City Council | Ordinary Meeting Minutes P60 24 NOVEMBER 2020

COUNCIL RESOLUTION

THAT

1. Casey & Lowe Pty Ltd be appointed to provide archaeological services in accordance with a schedule of rates during preliminary archaeological investigations for the Maitland Administration Centre project.

Moved Cr B Whiting, 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

Council resumed into Ordinary Council at 7.39pm.

Moved Cr M Griffin, 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

Maitland City Council | Ordinary Meeting Minutes P61 24 NOVEMBER 2020

16 COMMITTEE OF THE WHOLE RECOMMENDATIONS

The General Manager read the Recommendation from the Committee of the Whole/Closed Session as follows:

15.1 ACQUISITION FOR ROAD WIDENING - 72 WOODBERRY ROAD MILLERS FOREST

COMMITTEE RECOMMENDATION

THAT

Moved Cr M Griffin, Seconded Cr P Garnham

CARRIED

15.2 CONSIDERATION OF TENDERS - ASPHALT RESURFACING WORKS - RAILWAY AVENUE, GLENROY STREET AND HAUSSMAN DRIVE, THORNTON

COMMITTEE RECOMMENDATION

THAT

1. Council decline to accept any of the tenders submitted, based on no cost savings presented compared to the existing Local Government Procurement panel contract for Road Resurfacing Works.

Maitland City Council | Ordinary Meeting Minutes P62 24 NOVEMBER 2020

2. Council cancel the proposal for the contract and undertakes the procurement of these services for the project under the Regional Procurement panel contract for Provision of Road Resurfacing Works.

Moved Cr R Aitchison, Seconded Cr P Garnham

CARRIED

15.3 MAITLAND ADMINISTRATION CENTRE PRELIMINARY ARCHAEOLOGICAL INVESTIGATIONS

COMMITTEE RECOMMENDATION

THAT

Moved Cr B Whiting, Seconded Cr P Garnham

CARRIED

A motion was moved that the Committee’s recommendations be adopted.

Moved Cr M Griffin, 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

Maitland City Council | Ordinary Meeting Minutes P63 24 NOVEMBER 2020

17 CLOSURE

The meeting was declared closed at 7.41pm.

...... Chairperson

Maitland City Council | Ordinary Meeting Minutes P64