MAITLAND CITY COUNCIL
AGENDA
NOTICE IS HEREBY GIVEN that an Ordinary Meeting of the Council will be held, on 26 March, 2002, commencing at 5:30 pm.
David Evans General Manager
COUNCIL MEETING AGENDA 26 MARCH, 2002
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES ...... 1
3 DECLARATIONS OF PECUNIARY INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTES ...... 2
7 PUBLIC ACCESS ...... 2
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 2
9 ITEMS FOR INFORMATION...... 3
9.1 MAITLAND CITY LIBRARY...... 3
9.2 STATUS REPORT ON CONSTRUCTION WORKS ...... 6
9.3 CORRESPONDENCE ANALYSIS...... 18
9.4 LETTER FROM NSW DEPT COMMUNITY SERVICES ...... 19
9.5 MAITLAND ART GALLERY ...... 21
9.6 MONTHLY FINANCIAL REPORT - FEBRUARY 2002...... 23
9.7 COUNCIL'S HOMEPAGE STATISTICS ...... 26
9.8 SAFETY SEMINAR FOR TEENAGE DRIVERS ...... 27
10 OFFICERS REPORTS ...... 29
10.1 GENERAL MANAGER...... 29
10.1.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY ...... 29
10.1.2 AUCTION OF COUNCIL SURPLUS LAND...... 31
10.2 FINANCE AND ADMINISTRATION...... 33
10.2.1 ELECTRICITY - STREET LIGHTING ...... 33
10.2.2 PUBLIC LIABILITY ...... 35
Page (i) COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.3 SPONSORSHIP - MAITLAND PRIVATE HOSPITAL BALL ...... 38
10.2.4 TELEPHONE LISTING...... 39
10.2.5 STATEMENT OF INVESTMENTS HELD AS AT 28 FEBRUARY 2002 ...... 41
10.2.6 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND EXPO 12-15 MAY 2002...... 43
10.3 SERVICE PLANNING AND REGULATION...... 44
10.3.1 ENERGY SMART HOMES...... 44
10.3.2 020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL ...... 49
10.3.3 RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS ...... 60
10.3.4 CANCER COUNCIL - RELAY FOR LIFE PROGRAM...... 65
10.3.5 SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002 ...... 67
10.3.6 ALCOHOL FREE ZONE - METFORD RECREATION RESERVE ...... 70
10.3.7 IMPLEMENTATION OF THE MAITLAND GREENING PLAN .... 73
10.3.8 ENVIRONMENTAL LEVY...... 78
10.3.9 FLOOD CONFERENCE 2002 ...... 88
10.3.10 JOINT GRAFFITI ART PROJECT ...... 90
10.3.11 MAITLAND ACCESS ADVISORY PANEL CONSTITUTION REVIEW ...... 92
10.3.12 FOOD BUSINESS NOTIFICATION...... 94
10.3.13 KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM...... 97
10.3.14 CLEAN UP AUSTRALIA DAY 2002 ...... 100
10.3.15 PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE...... 102
Page (ii) COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.16 UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA FOR THE STEAMFEST COMMITTEE - NEW ENGLAND HWY, MAITLAND ...... 106
10.3.17 F3 EXTENSION FROM SEAHAMPTON TO BRANXTON ...... 111
10.3.18 SCHOOLS ENVIRONMENT PROGRAM REVIEW ...... 116
10.3.19 "MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES...... 121
10.3.20 "STEAMFEST 2002" TEMPORARY ROAD CLOSURES...... 124
10.3.21 CYBERCAR DRIVING SIMULATOR...... 129
10.3.22 TELARAH BOWLING CLUB CARPARK ...... 131
10.3.23 CAMPBELLS BRIDGE REPLACEMENT - ALTERATION TO 2001/02 BRIDGE CONSTRUCTION ROLLING WORKS PROGRAMME...... 133
10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL ...... 135
10.3.25 REQUEST FOR COUNCIL CONTRIBUTION TO ROADWORKS - MAITLAND TOYOTA DEVELOPMENT CONSENT 960709 ...... 137
10.4 CITY WORKS AND SERVICES...... 140
10.4.1 REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY ...... 140
10.4.2 PURCHASE OF A SECOND HAND GARBAGE COLLECTION VEHICLE (PLANT NO. 4110) ...... 146
11 REFERRED COMMITTEE REPORTS ...... 148
12 NOTICE OF MOTION/RESCISSION...... 149
12.1 NOXIOUS WEEDS ACT NOTICE OF MOTION SUBMITTED BY COUNCILLOR CLR ARCH HUMPHERY...... 149
12.2 MORPETH SKATEBOARD FACILITY NOTICE OF RESCISSION – SUBMITTED BY CLR STEVE PROCTER, CLR BOB GEOGHEGAN AND CLR TED LEVERENCE ...... 151
13 QUESTIONS WITHOUT NOTICE ...... 152
14 URGENT BUSINESS ...... 152
15 COMMITTEE OF THE WHOLE...... 153
Page (iii) COUNCIL MEETING AGENDA 26 MARCH, 2002
15.1 GENERAL MANAGER...... 153
15.1.1 COUNCIL LAND - RUTHERFORD...... 153
15.1.2 SALE OF SURPLUS LANDS...... 154
15.2 SERVICE PLANNING & REGULATION...... 155
15.2.1 METFORD ROAD RAILWAY LEVEL CROSSING ...... 155
15.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS ...... 156
16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...157
17 CLOSURE...... 157
Page (iv) COUNCIL MEETING AGENDA 26 MARCH, 2002
PRESENT
1 INVOCATION
2 APOLOGIES
3 DECLARATIONS OF PECUNIARY INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
• The minutes of the Ordinary Meeting of Council held 26 February 2002 be confirmed.
5 BUSINESS ARISING FROM MINUTES
Page 1 COUNCIL MEETING AGENDA 26 MARCH, 2002
6 MAYORAL MINUTES
7 PUBLIC ACCESS
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
Page 2 COUNCIL MEETING AGENDA 26 MARCH, 2002
9 ITEMS FOR INFORMATION
9.1 MAITLAND CITY LIBRARY
File No: 35/61
Responsible Officer: Jean McBride Acting Manager Cultural & Community Services
Author: Jean McBride City Librarian
EXECUTIVE SUMMARY This report contains relevant statistical and performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT See following pages.
Page 3 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND CITY LIBRARY (Cont.)
Statistics Feb-01 City East Ruth Thorn TOTAL Items circulated at City and branches 13910 6460 886 3164 24,420 New Borrowers 170 56 7 34 267 Total Borrowers 15694 6917 1107 1663 25,381 Items added to the collection 480 174 66 134 854 Information searches 373 228 47 123 771 No. of visitors to the City Library and Branches 8556 3906 620 2088 15,170
Feb-02 City East Ruth Thorn TOTAL Items circulated at City and branches 14311 7016 1018 3094 25,439 New Borrowers 145 59 6 47 257 Total Borrowers 17345 7481 1188 2037 28,051 Items added to the collection 648 185 55 357 1,245 Information searches 318 264 33 88 703 No. of visitors to the City Library and Branches 8545 4046 831 2663 16,085
Page 4 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND CITY LIBRARY (Cont.)
Income Feb-01 City East Ruth Thorn TOTAL Photocopying $832.50 $261.05 $3.77 $57.50 $1,154.82 Interlibrary Loans $12.00 $0.00 $0.00 $0.00 $12.00 Fees and Charges $1,010.15 $195.17 $11.41 $198.81 $1,415.54 Income from Internet training $0.00 $0.00 $0.00 $0.00 $0.00 Children's Services $0.00 $0.00 $0.00 $0.00 $0.00 Community Room bookings $0.00 $0.00 $0.00 $352.00 $352.00 Income from Equipment hire $0.00 $0.00 $0.00 $0.00 $0.00 Email /Phone usage $263.45 $40.61 $0.00 $54.30 $358.36 Merchandising $68.00 $15.00 $3.00 $9.00 $95.00 Sale of books $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $2,186.10 $511.83 $18.18 $671.61 $3,387.72
Feb-02 City East Ruth Thorn TOTAL Photocopying $571.10 $190.10 $21.73 $89.29 $872.22 Interlibrary Loans $20.00 $4.00 $0.00 $0.00 $24.00 Fees and Charges $1,091.31 $370.49 $16.40 $199.49 $1,677.69 Income from Internet training $0.00 $0.00 $0.00 $0.00 $0.00 Children's Services $0.00 $0.00 $0.00 $0.00 $0.00 Community Room bookings $0.00 $0.00 $0.00 $0.00 $0.00 Income from Equipment hire $0.00 $0.00 $0.00 $0.00 $0.00 Email /Phone usage $293.76 $45.40 $0.00 $24.40 $363.56 Merchandising $88.81 $18.00 $3.00 $22.00 $131.81 Sale of books $90.90 $0.00 $0.00 $0.00 $0.00 TOTAL $2,155.88 $627.99 $41.13 $335.18 $3,069.28
Page 5 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.2 STATUS REPORT ON CONSTRUCTION WORKS
File No: 122/814
Attachments: (1) Attachment 1
Responsible Officer: Wayne Cone Group Manager – City Works & Services
Author: Ian Wakem Civil & Building Works Manager
EXECUTIVE SUMMARY A report on the status of major construction works and projects within the 2001/2002 Capital Works Program is submitted for Council’s information.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT The status of the construction projects within the 2001/2002 Rolling Works Program, as of 14th March 2002, is as follows. A copy of the works program for the period July 2001 to June 2002 is attached to this report as Attachment 1.
1. Access Priority Program
1.1 Various Access Ramps, Woodberry
Several access ramps have been constructed in Kingfisher Lane, Hawk Street and Kookaburra Parade. Work on the project commenced on 18th February and was completed by 8th March 2002. The approximate cost was $5,600.
2. Drainage Construction
2.1 Clarence Street, Tenambit
Work has re-commenced on the construction of a large stormwater pipeline from Maize Street towards the golf course. Unfortunately wet weather has considerably slowed progress on this project. However, the works should be finalised by early April. The estimated cost is $62,400.
Page 6 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 2.2 Blomfield Street, Maitland
A stormwater pipeline is to be constructed along Louth Park Road from Evans Street, then along Blomfield Street to Wallace Street. Work commenced on the project in early March and is expected to be completed by mid April, at an estimated cost of $126,000.
3. Footpath Construction
3.1 Tank Street, Morpeth
A concrete footpath is to be constructed on the eastern side of Tank Street between High Street and the Elizabeth Street. Work is now scheduled to commence in late March and be completed in early May at an estimated cost of $11,500.
4. Footpath Refurbishment
4.1 High Street, Maitland
A concrete footpath is currently being constructed on the northern side of High Street between No.36 High Street and Gilberts Garage at a cost of approximately $10,000. Work commenced on 4th March and is scheduled to be completed by mid April.
4.2 Carrington Street, Maitland
The concrete footpath on the southern side of Carrington Street between Hunter Street and Radford Street is to be refurbished. The work includes removal and replacement of large sections of the existing concrete footpath and grinding many of the slab joints to remove the trip hazard. The project is estimated to cost $15,500 and is scheduled to commence in late April and be completed by late May.
5. ‘Urban Local Roads’ Reconstruction
5.1 Aberglasslyn Road, Rutherford
The construction of the new roundabout on the intersection of Aberglasslyn Road and Alexandra Avenue is nearing completion. Once Energy Australia have installed the central light stand, Council staff can then pour the central concrete median infill. Contractors are to apply the linemarking to the road surface within the next week, weather permitting. The approximate cost of the works will be $260,000.
Page 7 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 6. New Works - Urban
6.1 Ellesmere Street, Thornton
Work is complete on the reconstruction of Ellesmere Street between Glenroy Street and Rockleigh Street. The project included the extension of the stormwater drainage system at the Glenroy Street intersection, shoulder reconstruction and new kerb and guttering on both sides of the street. The work was completed on 1st March at an estimated cost of $70,600.
7. Rehabilitations – Rural
7.1 Alnwick Road, Millers Forest
The full length of Alnwick Road and the initial 500 metres of Nalleys Creek Road from Alnwick Road is being rehabilitated with a gravel overlay and two coat bitumen seal. Work commenced on the project on 4th March and should be complete by early April at an estimated cost of $116,500.
8. Rehabilitations – Classified Roads
8.1 Trezecinski Bridge, New England Highway
The approaches to Trezecinski Bridge are currently being rehabilitated to improve rideability and safety on and off the bridge. The work includes new drainage pits, new central median and in-fills, shoulder widening and new guardrail and an asphalt overlay. The work is scheduled for completion by late April at an estimated cost of $329,000. This project is being funded by the Roads and Traffic Authority.
9. Rural Reseals
The following rural roads have now been resealed:
- Camilla Cl, Windella - Lerra Rd, Windella - Malia Cr, Windella - Milloo Cl, Windella - Station Lane, Lochinvar - Victoria Street, East Maitland - Glenarvon Road, Lorn - Luskintyre Rd, Luskintyre - Windemere Road, Luskintyre - Wollombi Road, Bishops Bridge - Oakhampaton Road, Oakhampton - Paterson Road, Bolwarra - Phoenix Park Road, Phoenix Park
Page 8 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) Preparation works for the resealing of the following rural roads is complete:
- Louth Park Road, Louth Park - Trappaud Road, South Maitland
The actual bitumen resealing of these roads will be undertaken by late March. The total value of this year’s rural reseal program is $240,000.
10. Urban Reseals
The following urban streets have now been resealed:
- Goldingham St, Tenambit - Sophia-Jane Cl, Woodberry - Thursby St, Tenambit - Ribee Cl, Tenambit - Rockleigh St, Thornton - Mumford Ave, Thornton - John Arthur Dr, Thornton - Lever Cl, Thornton - Buckingham Cl, Thornton - Abercrombie Cl, Thornton - Burley St, Tenambit - Burnham Cl, Thornton - Byng St, Tenambit - Light Cl, Thornton - Northcott Ave, East Maitland - Goodhugh St, East Maitland - Pierce St, East Maitland - Sharp St, Thornton - Booth St, East Maitland - Burg St, East Maitland - Dower Cl, Thornton - Edward St, Tenambit - Edwards Ave, Thornton - Knoll Cr, East Maitland - Rathluba Cr, East Maitland - Morton St, East Maitland - Sharp St, Thornton - Turton St, East Maitland - George St, East Maitland - Mingay Ave, East Maitland - Moss Pl, East Maitland - Thompson St, East Maitland - View St, East Maitland - Evelyn Cr, Thornton - Burns Cl, Thornton - Government Rd, Thornton - Sylvan Cr, East Maitland Page 9 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) - Ferry Pl, East Maitland - Hanson Cl, Eadst Maitland - Park St, East Maitland - O'Connell St, East Maitland - Lawson St, East Maitland - Lawes St, East Maitland - Lowe St, Metford - Marshall Ave, Metford - Stonehaven Dr, Metford - Scarlet Cl, Metford - Hunter Rd, Lochinvar - Cantwell Rd, Lochinvar - Lindeman St, Ashtonfield - Heron Cl, Ashtonfield - Daydream Cl, Ashtonfield - High St, Maitland - Torres St, Ashtonfield - Little Bourke St, Maitland - Odd St, Horseshoe Bend - Oakhampton Rd, Maitland - South St, Telarah - Dunkley St, Rutherford - Fairfax St, Rutherford
Preparation works for the resealing of the following urban streets is in progress:
- Internal Park Roads, Maitland - Second Ave, Rutherford - Clyde St, Rutherford - Capper St, Telarah - Compton St, Rutherford - Crisp Ave, Rutherford - Peter St, Rutherford - Louth Park Rd, South Maitland - Thompson St, Rutherford - Dee St, Rutherford - Pearson St, Rutherford - Brigantine St, Rutherford - Alvira Cl, Rutherford - Arthur St, Rutherford
The actual bitumen resealing of these roads will be undertaken through March.
Preparation work on the following urban reseal projects will be undertaken over the next few weeks:
- Belair Cl, Rutherford - Endeavour St, Rutherford Page 10 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) - Hollywood Cl, Rutherford - Brompton Cl, Bolwarra Heights - Hilldale Dr, Bolwarra Heights - Kensington Rd, Bolwarra - Nordland Cl, Bolwarra Heights - Largs Ave, Largs - Dunmore Rd, Largs - Melrose St, Lorn - Queen St, Lorn - Short St, Lorn - Wood St, Lorn The bitumen resealing of these streets will finalise this year’s urban reseal program. The total value of this program is $880,000.
11. Reseals – Classified Roads
11.1 Cessnock Road, Gillieston Heights & Raymond Terrace Road
Heavy patching of several sections of Cessnock Road and Raymond Terrace Road has been completed in preparation for resealing works on these roads within the next few weeks. The works, estimated to be $294,600 is being funded by the Roads and Traffic Authority.
12. Rural Reconstruction
12.1 Owl Pen Lane, Farley
The initial 800 metres of Owl Pen Lane from Wollombi Road has been reconstructed by excavating and gravelling the shoulders and adding an additional 100mm of gravel to the entire road surface, reshaping and two coat bitumen sealing. The project commenced on 14th January and was completed in early March at an approximate cost of $78,500.
13. Section 94 Projects
13.1 Cook Square Carpark Upgrade
Cook Square Carpark is to be reconstructed with improvements to the stormwater drainage system. The project is scheduled to commence on 18th March and take approximately 4 weeks to complete at an approximate cost of $48,000.
14. Council Initiatives
14.1 Woodberry Oval Carpark Upgrade
Work commenced on the reconstruction of the Woodberry Oval Carpark in late February and is scheduled for completion by early April at an approximate cost of $25,000.
Page 11 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 14.2 Maitland Park Depot Improvements
Improvements to the stormwater drainage in Maitland Park Depot commenced on 11th March and is scheduled for completion by 1st April Approximate cost of the works will be $14,000.
14.3 Don Lawrence Oval Playground Equipment Installation
The installation of new playground equipment at Don Lawrence Oval commenced in early December 2001 but work was suspended in order to enable further consultation with the Recreation Board and local residents. The project is expected to proceed in mid March. The approximate cost of the playground installation will be $40,000.
15. Loan Funded Projects
15.1 Schanck Drive, Metford
A concrete footpath has been constructed on the southern side of Schanck Drive between Willow Drive and Lowe Street. The project was completed on 22nd February at an approximate cost of $18,000.
15.2 Tenambit Community Hall
The final stage of the refurbishment of this hall, being the painting, is now being undertaken as weather permits. Anticipated completion date and cost are 1st April and $25,000 respectively.
15.3 Lorn Park Playground Equipment Installation
The installation of new playground equipment at Lorn Park was completed in late February at an approximate cost of $26,000.
15.4 Thornton Playground Equipment Installation
The installation of new playground equipment at Parkwood North was completed on 7th March at an approximate cost of $24,000.
16. Loan Funded Projects
16.1 Morpeth School of Arts
The construction of a toilet facility on the rear of the School of Arts building commenced in late January and is scheduled for completion by early April at an estimated cost of $50,000.
Page 12 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.) 16.2 Maitland Sportsground Ticket Box
The construction of a new heritage style, equal access ticket box and storage facility for Maitland Sportsground is scheduled to commence in late March and take 6 weeks to complete at an estimated cost of $50,000.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 13 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.)
Page 14 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.)
Page 15 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.)
Page 16 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATUS REPORT ON CONSTRUCTION WORKS (Cont.)
Page 17 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.3 CORRESPONDENCE ANALYSIS
File No: 35/61
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Matthew Ryan Records Officer
EXECUTIVE SUMMARY This report contains relevant statistical and performance data for Council. Besides being a valuable management tool. It is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Items of correspondence unanswered over 30 days as at March 2002 -21
Page 18 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.4 LETTER FROM NSW DEPT COMMUNITY SERVICES
File No: 130/76
Attachments: (1) Letter from DOCs Hunter area thanking Council for its donation to the Christmas 2001 Bushfire Appeal.
Responsible Officer: David Evans General Manager
Author: David Evans General Manager
EXECUTIVE SUMMARY Correspondence has been received in regard to the Christmas 2001 Bushfire Appeal from the Department of Community Services Hunter Area.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Correspondence addressed to The Mayor has been received from Anne Gleeson, Area Director, Hunter, Department of Community Services, thanking Council for its donation of $10,000 to the Christmas 2001 Bushfire Appeal.
A copy of the letter is attached to this report.
Page 19 COUNCIL MEETING AGENDA 26 MARCH, 2002
LETTER FROM NSW DEPT COMMUNITY SERVICES (Cont.)
Page 20 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.5 MAITLAND ART GALLERY
File No: 35/61
Responsible Officer: Jean McBride Acting Manager - Cultural & Community Services
Author: Margaret Sivyer Director Art Gallery
EXECUTIVE SUMMARY This report contains relevant statistical and performance data for Council. Besides being a valuable management tool it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT See following page.
Page 21 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND ART GALLERY (Cont.) Quarterly Statistics
November/December 2001, January, 2002 & November/December 2000, January 2001 Monthly Statistics - February 2002 and February 2001
No. Visitor’s to the Gallery – 2002 Local Regional Children Tourists Groups TOTAL February, 2002 263 135 46 25 327 796
No. Visitor’s to the Gallery – 2001 Local Regional Children Tourists Groups TOTAL February, 2001 184 107 23 28 298 640
Quarterly Statistics No. Visitor’s to the Gallery – 2001 - 2002 Local Regional Children Tourists Groups TOTAL November, 2001 303 116 76 16 438 949 December, 2001 156 67 8 5 191 427 January, 2002 280 101 40 22 91 534
Quarterly Statistics No. Visitor’s to the Gallery – 2000 – 2001 Local Regional Children Tourists Groups TOTAL November, 2000 203 163 23 69 296 754 December, 2000 122 61 13 13 111 320 January, 2001 90 90 22 22 35 346
Quarterly Statistics Workshops held at the Gallery – 2001 – 2002 Drawing/Watercolour Patchwork/Quilting Children November, 2001 9 2 0 December, 2001 2 1 0 January, 2002 0 1 0
Page 22 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.6 MONTHLY FINANCIAL REPORT - FEBRUARY 2002
File No: 35/53
Attachments: (2) Statement of Financial Performance Statement of Financial Position
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Phil Freeman Manager Accounting Services
EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Statement of Financial Performance shows that overall Council’s revenue is in line with budget year to date figures.
Expenses from ordinary activities are below budget year to date. This is largely because a number of projects will not commence until later in the financial year, causing expenditure on materials and contracts to be below budget at this time.
The Statement of Financial Position shows that Council has net assets totalling $383,826,000.
The financial reports are as follows:
Page 23 COUNCIL MEETING AGENDA 26 MARCH, 2002
MONTHLY FINANCIAL REPORT - FEBRUARY 2002 (Cont.)
Page 24 COUNCIL MEETING AGENDA 26 MARCH, 2002
MONTHLY FINANCIAL REPORT - FEBRUARY 2002 (Cont.)
Page 25 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.7 COUNCIL'S HOMEPAGE STATISTICS
File No: 31/15
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Jon Dundas Manager Administration & Information Technology
EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT December January February 2001 2002 2002 No. of visits to the MCC 4,771 5,372 4,916 website Web page with highest no. of Council Positions Positions visitors (not homepage) Information Vacant Vacant No. of rates paid electronically (depends on 99 14 165 instalment dates)
Page 26 COUNCIL MEETING AGENDA 26 MARCH, 2002
9.8 SAFETY SEMINAR FOR TEENAGE DRIVERS
File No: 140/16
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Chris James Infrastructure Planning Engineer
EXECUTIVE SUMMARY The purpose of this report is to advise Council of a proposed Road Safety Seminar to be held in Maitland as part of Councils Road Safety Programme. The objective of the seminar is to promote safe and responsible road user behaviour and is aimed specifically at our community’s young drivers in the 17 to 25 age group.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Councils Road Safety Strategic Plan has identified the importance of education campaigns as a means of improving road user behaviour. The purpose of this report is to inform Council of a road safety seminar to be hosted by Council at Maitland in May 2002. The seminar is part of a series of presentations that are also being held at Port Stephens and Taree Councils.
The seminar known as, “Stop the 4 O’Clock Knock, is directed at the Maitland community’s learner and younger drivers with the objective of making them aware of the hazards associated with driving a motor vehicle.
Young drivers under 25 years of age make up approximately 15 % of the population of Maitland however they are involved in almost 34% of the accidents. In Maitland the number of casualties (killed or injured) in the 17 – 25 age group is 29 % of the total number of casualties (52 of 179)
Stop the 4 O’Clock Knock is an initiative of a NSW parent, Mr Frank Bottomley, who has experienced the trauma of the Police knocking on his door at 4.00 am to inform him his son had been involved in a serious car accident.
The seminar involves a series of talks by local representatives from the Police, Ambulance Service, Doctors, Funeral Directors and Driver Trainers. It also includes videos and a presentation of the personal experiences of an injured driver. The seminar takes approximately two hours.
Page 27 COUNCIL MEETING AGENDA 26 MARCH, 2002
SAFETY SEMINAR FOR TEENAGE DRIVERS (Cont.) During April, Mr Bottomley and Councils Road Safety Officer will approach local businesses for sponsorship and also personally advise the local high schools of the programme. “Stop the 4 O’Clock Knock” will also be covered extensively in the local media.
This initiative is a demonstration of Councils commitment to road safety. It provides an opportunity for Maitland’s young drivers and parents to participate in an education and awareness programme that could save someone’s life.
FINANCIAL IMPLICATIONS The total cost of the seminar is estimated at $2,000. Depending upon the level of sponsorship received the final cost to Council could be considerably less than this amount. Sufficient funding is available in Council’s current budget to cover any shortfall up to a total cost of $2,000.
The proposed venue and any associated costs are yet to be determined.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 28 COUNCIL MEETING AGENDA 26 MARCH, 2002
10 OFFICERS REPORTS
10.1 GENERAL MANAGER
10.1.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY
File No: 130/50
Attachments: (1) Equal Employment Opportunity Policy (EEO) April 2002
Responsible Officer: Tony Houlcroft Executive Manager Human Resources
Author: Tony Houlcroft Executive Manager Human Resources
EXECUTIVE SUMMARY This report presents a revised Equal Employment Opportunity (EEO) Policy.
OFFICER'S RECOMMENDATION THAT
1. The Equal Employment Opportunity Policy adopted on 24 October 2000 be rescinded.
2. The Equal Employment Opportunity Policy submitted with this report be adopted.
REPORT Council is required by the Local Government Act 1993 and other legislation to eliminate and ensure the absence of discrimination and harassment in employment. Council also has an obligation to ensure that all staff are aware of their rights and responsibility in regard to EEO.
EEO Awareness training has been organised in April for all Council staff as part of Corporate Training in 2002. This training follows on from an EEO briefing to Councillors in 2000, and specialised EEO training for Managers and EEO Contact Officers in 2001. To support the EEO training for Council staff, the EEO Policy has been reviewed by Human Resources and subsequently provided to the EEO Committee for comment. This policy document is supported by revised EEO Grievance Procedures.
Page 29 COUNCIL MEETING AGENDA 26 MARCH, 2002
EQUAL EMPLOYMENT OPPORTUNITY POLICY (Cont.)
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS If adopted, the attached policy would establish clear EEO principles and objectives that specify responsibilities of managers, supervisors and employees.
STATUTORY IMPLICATIONS The attached policy has been prepared in accordance with relevant provisions of the Local Government Act 1993 and EEO/Anti-Discrimination legislation.
Page 30 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.1.2 AUCTION OF COUNCIL SURPLUS LAND
File No: 103/8
Responsible Officer: David Evans General Manager
Author: Henry Wilson Group Manager Projects
EXECUTIVE SUMMARY This report provides details of the forthcoming auction of certain Council land and seeks authority for affixing the Common Seal of Council to the Sale Transfer documents.
OFFICER'S RECOMMENDATION THAT:
1. Note the date/time of the auction;
2. Grant authority to affix the Common Seal of Council to the Transfer document in respect of the properties to be auctioned.
REPORT Council had previously determined (December 2001) that the following surplus Council lands be offered for sale by public auction: -
1. 56 Regent Street 2. 21 Allan Walsh Drive 3. 11 Carrington Street 4. 170 Elgin Street 5. 18 Smith Street 6. 60 Catherine Street 7. 15 Louth Park Road 8. 19 Rose Street
The auction will be conducted by Tony Cant Real Estate Pty Ltd, on behalf of Council, in the Maitland Room of the Town Hall, on Saturday, 13 April, 2002, commencing at 11.00 am.
Council has already determined reserve prices for the above parcels of land with the only remaining issue being Council's authority to affix the Common Seal to the Sale Transfer document.
Page 31 COUNCIL MEETING AGENDA 26 MARCH, 2002
AUCTION OF COUNCIL SURPLUS LAND (Cont.)
FINANCIAL IMPLICATIONS The funds realised from the auction have been budgeted for in the current Management Plan.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 32 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2 FINANCE AND ADMINISTRATION
10.2.1 ELECTRICITY - STREET LIGHTING
File No: 48/2
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY The two tenders for supply of street lighting to NSW Councils have now submitted their pricing options. The MAPS Group is a longer term contract but the pricing difference and the ability to stay with Council's current supplier, shows that Energy Australia should be given the electricity contract for Street Lighting.
OFFICER'S RECOMMENDATION THAT Energy Australia be given the contract for the supply of electricity for Street Lighting.
REPORT A report on the contestability of Street Lighting was presented to Council late last year. The report identified the MAPS Group and the LGSA (Local Government and Shires Association of NSW) as the two organisations who would provide competitor pricing through this process. The MAPS Group had tendered and engaged Energex as their supplier. The LGSA had engaged Energy Australia.
The prices offered for the supply of electricity are as follows:
LGSA (Energy Australia)
1/4/02 to 30/6/02 $0.03225 per kwh
1/7/02 to 30/6/03 $0.032 per kwh
The LGSA price could be as low as $0.03180 depending upon the number of Councils that join.
Page 33 COUNCIL MEETING AGENDA 26 MARCH, 2002
ELECTRICITY - STREET LIGHTING (Cont.) MAPS Group (Energex)
1/4/02 to 30/6/03 $0.03150 per kwh
or
1/4/02 to 31/12/04 $0.03295 per kwh
In addition the MAPS Group will charge a Market Administration and Data Warehousing Fee of $360 per annum.
The MAPS contract has a clause which would enable MAPS to vary the price during the contract period.
Council's current consumption is 224,000 kwh per month for street lighting, at its current rate of 4.1 cents per kilowatt. The comparison between the two tenders is as follows:
LGSA $7,224 per month
possibly $7123 per month (if 3/4 of Councils join the contract)
MAPS Group $7,086 per month
Given the LGSA contract is a 'fixed amount' whilst the MAPS Group has the opportunity to vary the price, it is recommended that Council accept the LGSA tender for supply of electricity.
The saving through the LGSA tender will be approximately $2,000 per month.
FINANCIAL IMPLICATIONS This will save Council approximately $2,000 per month on Street Lighting Charges.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 34 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.2 PUBLIC LIABILITY
File No: 81/5
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report is to inform Council of the latest developments regarding Public Liability. The impact is being felt right across the community but is having a large impact on community groups who are unable to secure public liability insurance for their event or function. STATEWIDE, the brokers for Local Government are currently in London to try and secure coverage for these groups. In addition the State Government has called an Insurance Summit to discuss the issues facing organisations within the State.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT Following the events of September 11, 2001 and the collapse of the HIH Insurance Group, there has been a dramatic change in insurance premiums throughout the world.
The ramifications have resulted in a number of events and organisations cancelling or closing down their operation. A report in the Daily Telegraph on 8 March 2002 listed a large number of organisations who have closed down or cancelled events due to the large increase in public liability insurance premiums.
An Insurance Summit was held at Port Stephens on 21 February 2002, where representations for various organisations expressed their concern for the situation and the problems they were encountering with Public Liability Insurance. From that summit a list of recommendations have been formulated to be sent to the State Government. In brief the recommendations were:
1. Risk Management – Education and Training of Operators in Risk Managements, Accredited Inspectors, Self-regulation, Operators assessed by Insurance Company’s (e.g. Leisure Net) Work Place Relations. An assumption of risk taking responsibility. Consolidate Best Practice Management, Training, Templates, and Incorporate in Articles.
2. Capping with the aim to eliminate smaller claims, while still catering for larger genuine claims. Capping the degree of disability rather than the dollars in
Page 35 COUNCIL MEETING AGENDA 26 MARCH, 2002
PUBLIC LIABILITY (Cont.) claims. Lack of ceiling – cap annuity, pension (per annum) indexed tax implications.
3. Fraudulent Claims [immediate] – Increase penalties, raise awareness (e.g. Trade Fraud). False claims within both advertising of Law Firms and Editorial cases. Cut or limit the ability for the legal profession to advertise, the boldness of fine print. Freeze on Claims.
4. Bulk buying of Insurance. Strategic alliances with peak groups e.g. Councils, Arts Hunter Industry Association – nationalise. Identify cost issues of not doing anything, credibility in arguments (social, economic, cultural).
5. Uniformity between Workers’ Compensation, Motor Vehicle Compensation and Public Liability Insurance legislation. National Compensation Scheme compatible between the states federal – investigate motor accident compensation to adopt applicable changes federally, funded by a Public Liability Levy similar to Medicare levy.
6. Media campaign to general public “What this will cost you”.
7. Payments weekly rather than bulk. Focus on rehabilitation, annuity.
8. Accredited inspectors, Operators assessed by Inspectors. Government guidelines and accreditation for assessment. Assessment of liability to be formalised. Data base of claims, cross matching.
Maitland City Council has been informed by its Insurance Brokers that its Public Liability Insurance Premium for 2002/2003 will increase between 30% - 50% in the coming year.
Council's insurance cover is for Council operations or the operations of a committee of Council. Council's Insurance cover does not cover community groups within the city who are finding it difficult to insure themselves.
Council must be aware of the active role Council is having through its Insurance Broker and State Government to address this important community issue. As a consequence of the continual discussion on the matter, the State Government have legislated that advertising by lawyers will cease in April of this year.
CONCLUSION The issue is something that will not go away but will need the co-operation of all States and the Commonwealth Government in addressing the issue.
FINANCIAL IMPLICATIONS The financial implications will be built into the Draft Management Plan 2002/03.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page 36 COUNCIL MEETING AGENDA 26 MARCH, 2002
PUBLIC LIABILITY (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 37 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.3 SPONSORSHIP - MAITLAND PRIVATE HOSPITAL BALL
File No: P33382
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY A request has been received from Maitland Private Hospital for sponsorship of its Inaugural Ball on 6 July 2002 equal to the fees for use of the Maitland Town Hall.
OFFICER'S RECOMMENDATION THAT Maitland Private Hospital be advised of the advertising of applications under Section 356 in April of this year.
REPORT Maitland private Hospital has requested sponsorship for its Inaugural Ball. Council at present does not have a policy for sponsorship of events by Council.
The only avenue available is for Council to donate under Section 356 to the Maitland Private Hospital. Given the Ball will be held in July, it is recommended that the Hospital make an application to be considered as part of the Draft Management Plan 2002/2003.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 38 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.4 TELEPHONE LISTING
File No: 136/3
Attachments: (1) Listing for White Pages
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY The listing in the ‘White Pages’ Telephone Book is being revised by Telstra. Under the heading of Maitland City Council there is an opportunity to list each of the Councillors and their mobile telephone number.
OFFICER'S RECOMMENDATION THAT all Councillors' mobile phone numbers be listed in the ‘White Pages’ of the Telephone Book as per Attachment A.
REPORT Council has been advised by Telstra that it is undertaking a review of its White Pages telephone book. This has allowed Council the opportunity to ‘revamp’ the listing under Maitland City Council but it also allows for Council to provide a list of the Councillors with their respective mobile telephone number. An example of the format is attached as ‘Attachment A’.
The provision of the mobile phone numbers in the telephone book will allow easier accessibility by the community.
BACKGROUND The cost for this service can be met within the Telecommunication budget of Council.
FINANCIAL IMPLICATIONS There are no statutory requirements.
POLICY IMPLICATIONS There are no policy for this report.
Page 39 COUNCIL MEETING AGENDA 26 MARCH, 2002
TELEPHONE LISTING (Cont.)
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 40 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.5 STATEMENT OF INVESTMENTS HELD AS AT 28 FEBRUARY 2002
File No: 82/2
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Jon Dundas Manager Administration & Information Technology
EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1993, section 19(3)(b) requires Council to report on its investments.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT Inv. Institution Int. Date Term Maturity Amount No. Rate Invested (Days) Date $ 971 Macquarie 4.81% 31/08/01 ## When 2,500,000.00 Diversified required Treasury Fund++ 972 Deutsche Cash 4.81% 31/08/01 ## When 2,529,754.90 Plus Fund++ required 980 UBS Investment 4.40% 28/09/01 ## When 2,544,957.34 Funds++ required 1013 Maitland Mutual 5.255% 11/12/01 90 11/03/02 1,500,000.00 Bld Soc.** 1018 Local Govt 4.30% 24/01/02 46 11/03/02 500,000.00 Financial Services 1019 Greater Building 4.35% 24/01/01 39 4/03/02 500,000.00 Society 1021 Illawarra Mutual 4.46% 6/02/02 43 21/03/02 1,300,000.00 Bld. Soc. 1022 Maitland Mutual 4.60% 11/02/02 31 14/03/02 1,500,000.00 Bld Soc. 1024 Suncorp Metway 4.37% 14/02/02 42 28/03/02 250,000.00 1025 Suncorp Metway 4.37% 18/02/02 45 4/04/02 600,000.00 1026 Citibank 4.35% 19/02/02 51 11/04/02 900,000.00
Page 41 COUNCIL MEETING AGENDA 26 MARCH, 2002
STATEMENT OF INVESTMENTS HELD AS AT 28 FEBRUARY 2002 (Cont.) Inv. Institution Int. Date Term Maturity Amount No. Rate Invested (Days) Date $ 1027 Bankwest 4.37% 22/02/02 55 18/04/02 450,000.00 1028 Bankwest 4.38% 25/02/02 60 26/04/02 1,000,000.00 1029 Local Govt 4.40% 20/12/01 ## When 1,350,000.00 Financial required Services – 11am
TOTAL $17,424,712.24 ** Subordinated note – interest rate reviewed on the 11th of each quarter. ++ Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. ## These funds are not held on a fixed term. The funds are redeemed as and when required.
As a Comparison:
Investments held as at the end of last month (i.e. 31-01-02) were $15,706.641.93
Investments held this time last year (i.e. 28-02-01) were $16,050,000.00
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act, 1993 • The regulations pertaining to the Local Government Act, 1993 • Council’s Investment Policies.
Page 42 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.2.6 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND EXPO 12-15 MAY 2002
File No: 35/8
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report deals with the Local Government Managers Australia (LGMA) National Congress and Expo to be held 12-15 May 2002 in Sydney.
OFFICER'S RECOMMENDATION THAT:
1. The Mayor attend the 2002 Local Government Managers Australia (LGMA) National Congress and Expo to be held 12-15 May in Sydney.
2. Council note the attendance of the General Manager at the Congress.
REPORT This year the LGMA (formerly known as IMM) National Congress is to be held at the Sydney Convention and Exhibition Centre from 12-15 May 2002.
The congress and expo is the single national forum held for local government managers in Australia, and covers a range of issues and topics relevant to local government management structure and performance.
In general, the Mayor and General Manager attend the congress. In accordance with Council policy, the Mayor’s attendance at the congress is presented for consideration by the Council. The General Manager will also be attending the congress.
FINANCIAL IMPLICATIONS There are sufficient funds in the budget to cover the costs for the Mayor and General Manager to attend as Council’s delegates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 43 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3 SERVICE PLANNING AND REGULATION
10.3.1 ENERGY SMART HOMES
FILE NO: 103/95
RESPONSIBLE OFFICER: ALISON MCGAFFIN DEVELOPMENT SERVICES MANAGER
Attachments: (1) DCP Submission Submission
Author: Eddie Love Senior Health & Building Surveyor
EXECUTIVE SUMMARY On 11th September 2001, Council resolved to place a draft Amendment to the Development Control Plan for Energy Smart Homes on public exhibition. The amendment included:
• Remove Part 1 – Subdivisions. The provisions contained in this section will be included in Council’s draft DCP - Subdivision. • Introduce additional requirements for hot water systems to be at least 3.5 stars and thus comply with minimum standards for greenhouse emissions. • Simplify Part 2 – Additions. Remove the requirement for the submission of a scorecard and requiring all additions to comply with basic deemed-to-satisfy provisions. • Amend the scorecard to be more user friendly and stand-alone. • Re-format the policy into a single document. • Minor changes to wording concurring with the changes made to the SEDA Model Policy.
The purpose of this report is to consider matters arising from the public exhibition and to seek a resolution from the Council in relation to approval of the draft Development Control Plan.
OFFICER'S RECOMMENDATION THAT:
1. Pursuant to Clause 21(1) of the Regulation, Council resolve to approve the Amended Development Control Plan No.31 – Energy Smart Homes as exhibited subject to the minor amendments outlined in this Report;
2. Council resolve to adopt the amended Development Control Plan to be effective on 5th April 2002; and
Page 44 COUNCIL MEETING AGENDA 26 MARCH, 2002
ENERGY SMART HOMES (Cont) 3. Council give public notice of the adoption of Development Control Plan No.31 in the newspaper in accordance with Clause 21(2) of the Regulation.
BACKGROUND The Energy Smart Homes DCP was adopted by Council on 18 April 2000 and became mandatory on 1st June 2000. The DCP was developed in conjunction with the Sustainable Energy Development Agency (SEDA), and aims to reduce greenhouse gas emissions by improving housing design.
Energy efficient homes are those that through their design, construction and choice of appliances, maximise the use of renewable energy sources (such as sunshine), and use less energy more efficiently. The DCP stems from a general concern about the effects of greenhouse gases generated by energy use on the environment and, in particular, global warming.
EXHIBITION OF THE DRAFT AMENDED DCP In accordance with Section 72 of the Environmental Planning and Assessment Act 1979 and Clause 18 of the Regulation 2000, the draft amended Development Control Plan was placed on public exhibition for twenty-eight (28) days from 4th February 2002 to 4th March 2002.
Two submissions were subsequently received in response to the public exhibition (See Attachments 2 & 3) and the matters raised for Council's consideration are addressed below.
Inclusion in the Deemed-to-Satisfy Provisions of the following restriction on glazing area (Submission - Attachment 2): “Area of glazing not to exceed 25% of the Gross Floor Area (excluding the Garage)”.
Comment
The comments made by the Master Builder’s Association (MBA) (Attachment 2) are relevant and well based. The MBA have a wealth of knowledge and experience in the area of sustainable development and the point made is that there is no logic in having a home with a highly insulated roof space if large expanses of glazed area are incorporated into the walls. The scorecard and NatHERS software program both have considerations of glazing within them and, by including this provision in the Deemed-to-Satisfy Provisions, will improve consistency in the document.
Application and Administration of the Rating Scheme and Limitations and Deficiencies of the NatHERS Software (Submission – Attachment 3).
Comment
This objection is to the DCP itself. The objection questions the technical basis of the DCP, the consistency of application of similar DCP’s in other Council areas, objects
Page 45 COUNCIL MEETING AGENDA 26 MARCH, 2002
ENERGY SMART HOMES (Cont) to no appeal process being in place and describes various deficiencies with the NatHERS Software program.
The technical basis and the issue of “transparency” appears to be aimed at providing an understanding to people of why their building is or is not performing. The scorecard clearly shows how the total star rating is achieved and the NatHERS software relates predicted energy consumption to the star rating. The role of explaining the results of an assessment is that of a design professional such as an energy consultant or building designer.
This policy has been introduced and implemented in conjunction with regional Councils in an attempt to ensure regional consistency. It is the nature of Local Government, though, that policies vary due to circumstance. This is neither the fault of, nor the case with, this DCP. The lack of consistency here, however, appears to be aimed at private consultants carrying out house energy ratings. These consultants are part of an accredited scheme and are audited. The scheme has been in existence for approximately 2-3 years and it is expected that the auditing process will iron out the majority of inconsistencies.
The objection that no appeal process is available is incorrect. As with any Development Approval an appeal process is available in accordance with the Environmental Planning & Assessment Act 1979.
The objection directed at the NatHERS Software program may have some substance, however, it is the only software program currently approved by PlanningNSW and a NatHERS certificate is required for Complying Development Certificate for a dwelling under State Environmental Planning Policy No.60.
The software is due for a new version aimed at eradicating certain problems and other software programs are being reviewed currently at state level with an aim of increasing the number of programs approved by PlanningNSW. It should be noted that the DCP does not restrict to NatHERS only and allows for other approved software.
Validity of data contained on “Assessment of Uneconomic Initiatives Guide Note” (Appendix 2) should be checked to ensure they relate to real life scenarios.
Comment
This request was made during and after the previous Council Meeting (11th September 2001). Since then a revised “Guide Note” has been provided by SEDA providing a worked example and updating the costs and rebates applicable. It is realised that, in relation to hot water, each individual situation may be different and the annual running costs will vary depending upon water usage, efficiency of the heater and in some circumstances the weather. These figures are based, however, upon average consumption, current models, both “traditional” and low greenhouse gas heaters (which are vastly more efficient that those installed 8-10 years ago) and average weather.
Page 46 COUNCIL MEETING AGENDA 26 MARCH, 2002
ENERGY SMART HOMES (Cont) SUMMARY OF RECOMMENDED AMENDMENTS
The amendments to the exhibited amended DCP are as follows:
♦ Inclusion in the Deemed-to-Satisfy Provisions of Part 3.2 “Single Dwellings” the following: ♦ “Area of glazing not to exceed 25% of the Gross Floor Area (excluding the Garage)”. ♦ Minor text changes to ensure the document is current
ADOPTION OF THE DRAFT AMENDED DEVELOPMENT CONTROL PLAN
Clause 21 of the Regulations to the Environmental Planning and Assessment Act states that Council, after exhibiting the draft amended DCP and considering any submissions made, may approve the plan:-
(a) in the form in which it was publicly exhibited; or,
(b) with such alterations as the council thinks fit.
Alternatively, Council may decide not to proceed with the plan.
Following consideration of the submissions received during the public exhibition period, it is recommended that Council approve the draft amended Development Control Plan with the minor alterations outlined in the section entitled "Summary of Recommended Amendments" above.
A public notice must subsequently be given of its approval and the development control plan then comes into effect on the date specified in the public notice.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS Upon adoption, the Development Control Plan will become a matter for consideration under Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, in assessment of each development application.
STATUTORY IMPLICATIONS The statutory implications under the Environment Planning & Assessment Act 1997 (as amended) have been addressed in the body of this report.
CONCLUSION The amended DCP will align this Council with the position taken by Newcastle City Council, Cessnock City Council, Lake Macquarie City Council and Dungog Shire Council who have all adopted both the building envelope and hot water provisions of the SEDA model policy. Page 47 COUNCIL MEETING AGENDA 26 MARCH, 2002
ENERGY SMART HOMES (Cont)
By adopting the hot water provisions contained in the amendment the residents of the Maitland Local Government Area become eligible for the $500.00 State rebate for selected low greenhouse gas hot water systems.
On 5th April 2002 a regional launch of the Energy Smart Hot Water Initiative takes place and Newcastle City Council are implementing the hot water provisions of their DCP.
Page 48 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.2 020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL
File No: DA020372 Attachments: (2) Description and Location of Proposed Structures Public Submissions
Responsible Officer: Alison McGaffin
Manager Development Services Author: Monica Gibson Development Assessment Planner Applicant: Maitland City Council Proposal: Erection of Central Canopy Location: High Street Maitland Zone: 3(a) General Business
EXECUTIVE SUMMARY Development consent is sought from Council for the erection of a Central Canopy structure over part of the Heritage Mall, High Street Maitland. The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan, 1993.
The proposal involves the demolition of the existing bandstand and replacement with four (4) canopy structures that will provide natural light, sun protection and wet weather protection in part of the Heritage Mall. The canopies are free standing and will be of sufficient height to permit access by emergency vehicles. A central pole for each canopy will collect and direct stormwater to the street system.
An inverted umbrella design was chosen for the canopy structures, which does not strictly follow heritage guidelines, however this design was proposed to update the image of the mall. There are no items of heritage significance identified in the Maitland Local Environmental Plan 1993 adjacent to the canopy structures.
The central canopy is designed to enhance public amenity, have a simple sculptural focus and maximise public safety.
Page 49 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont)
OFFICER'S RECOMMENDATION THAT:
020372 for the Erection of a Central Canopy Structure over part of the Maitland Heritage Mall on High Street Maitland be approved, subject to the conditions of consent set out in the attached schedule.
BACKGROUND The central canopy forms part of the proposed Heritage Mall Refurbishment, which is one of the key elements of the Central Maitland Area Improvement Programme. The Heritage Mall Masterplan, adopted by Council in February 2001, clearly identified the need to establish a central visual identity for the Mall, and suggested replacement of the bandstand with a shade/ sail cover and establishment of an on-street market place in this central area to increase vitality and use of the Mall.
PROPOSAL The proposed works entail the demolition of the existing bandstand and the erection of an inverted sail canopy structure, to be located at the northern end of Bulwer Street, within the Heritage Mall. The four canopy structures will be erected over the Mall in a design indicated in Attachment 1.
The canopies have the following functions; 1. to provide a central rest area for people using and visiting the future street markets; 2. to provide shade and shelter over the Mall which together with the use of a mobile stage and platform will be able to be used for concerts and entertainment; 3. to provide an all-weather access link between the two sides of the Mall; 4. to provide summer shade for retail displays and promotions; and 5. to establish a new visual image that can be identified as a meeting place for the local community and used in marketing and promotions for Central Maitland.
As detailed in Attachment 1, the canopies are a classic inverted umbrella design of white sailcloth material. Four individual canopies are proposed, each with a centre support that will collect and drain stormwater to the existing stormwater system. The overlapping design, together with the rainwater collection system will ensure that there is an extensive area across the mall with significant weather protection. The sails will be under-lit at night and will be of sufficient height to allow emergency access at all times.
This proposal only relates to the demolition of the existing bandstand and the erection of the four canopies. The operation of the market activities and the use of a mobile platform for entertainment purposes will be the subject of separate development applications.
Page 50 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Landscaping works” which is a permissible land use in the zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives, as follows. a) To provide opportunities for the development of commercial uses which do not reduce the commercial viability of the core retail areas of the City. b) To ensure that the size and function of both retail and commercial facilities are established in accordance with Council’s preferred hierarchy of commercial centres for the City. c) To permit non-commercial development within the zone where such development is compatible with the commercial character of the locality. d) To ensure that there is adequate provision for car parking facilities within the zone. e) To minimise conflicts between pedestrians and vehicular movement systems within the zone. f) To preserve the historic character of the City by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts.
In regard to the zone objectives, the proposed development seeks to provide a compatible non-commercial development that will support the commercial character of the area and not reduce the viability of the retail areas. With respect to preserving the historic character of the City, the proposal will not damage any heritage buildings, but will create a new visual element and styling in the Mall.
Regional Environmental Plan The proposal is not inconsistent with the provisions of the Hunter Regional Environmental Plan 1989.
State Environmental Planning Policies No State Environmental Planning Policies are directly relevant to the determination of this proposal. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Maitland LEP 1993 already contains heritage provisions with respect to development within heritage conservation areas. Council may recall the exhibition of the proposed amendment to Maitland LEP 1993 – Heritage Conservation, to update the LEP based
Page 51 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) on current best practice and the recommended approach by the NSW Heritage Office. The proposed amendments to the LEP were placed on exhibition from Thursday 18th November 1999 to Monday 20th December 1999.The proposed changes to the LEP have been taken into consideration as part of Council’s assessment of this application. Section 79C(1)(a)(iii) any development control plan The proposal is generally consistent with the relevant Development Control Plans. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposal is not inconsistent with the context and setting of the surrounding land uses, and an approval under the provisions of the Roads Act 1993 has been sought for the erection of the canopy structures.
It is essential to maintain vehicular access to the Mall at all times for emergency and commercial purposes, however there will be some minor impacts on traffic in the locality on a short-term basis due to construction. These impacts include an inconvenience to mall traffic movements (loading and unloading), restricted vehicular ingress/ egress to private property and an inconvenience to pedestrian movements. A traffic control plan to be approved by Council will provide mitigation measures for these impacts and will provide a safe, continuous movement of pedestrians throughout the mall.
During construction, the work may have a short-term impact on the surrounding area by causing an increase in noise and a slight dust nuisance. The proposed mitigation measures include the use of construction equipment during daylight hours only and implementation of dust suppression measures, such as screening and water dampening, when necessary.
The subject land is located in the Central Maitland Heritage Conservation Area. The inverted sail canopy has been deliberately designed as contemporary structures, which will introduce a significantly different urban design element into the mall. Whilst the heritage significance of the Central Maitland precinct is recognised and supported, the current proposal relates to updating the image of the mall and therefore it does not follow specific heritage guidelines.
The proposed location of the canopy is not adjacent to any buildings listed as being of heritage significance in Maitland LEP 1993. The canopies have been designed so that they will be completely freestanding and will not interfere with the structural integrity, preservation or individual significance of any of the surrounding buildings.
The economic impacts of the proposal will be beneficial for the retailers in the Mall, as the canopy structures will provide an attractive and useful amenity for visitors,
Page 52 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) shoppers, workers and residents. These benefits will also have positive social impacts. Section 79C(1)(c) the suitability of the site for the development The proposed development is consistent with the Central Maitland Area Improvement Programme and the Heritage Mall Masterplan. As the site is currently partly occupied by the bandstand, the erection of canopy structures to replace this facility will create a public space that will be recognisable to the community and will further increase its usage and usability. Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of fourteen (14) days from 7 February 2002 to 25 February 2002. As a result of the notification process, a total of two (2) submissions were received and are provided as Attachment 2 this report.
The main issues raised by the objectors are summarised below and comment provided:
“Loss of views and natural light for the first floor” Planner's Comment Whilst the dimensions of the central canopy structure means that the height of the sails will extend above awning level, the design, materials used and location of the canopies have been designed to minimise the impact upon the functioning of the first floor of the adjoining buildings. The height of the canopy structures is required to maintain access to the Mall for emergency vehicles (fire brigade, ambulance) and commercial and service vehicles (delivery vans, Council’s garbage truck). The sailcloth material will also provide some natural light transmission.
“Potential for damage from water overflowing onto buildings”
Planner's Comment The design of the structures is such that all stormwater will be collected and disposed of to the existing street stormwater drainage network. The use of an inverted canopy sail was proposed on the basis that water would not ‘shed’ off the canopy, offering all-weather access from one side of High Street to the other. Potential for damage to adjoining buildings is therefore considered minimal.
“Obstruction of views of the retail areas”
Page 53 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont)
Planner's Comment The canopy structure will be large and will alter existing views into and within the Mall. The obstruction of views will generally occur for areas above the awning height, as the lowest point of the canopy is at the approximate height of the awning in this location. Views of the ground floor retail areas of buildings are unlikely to be obstructed by the proposed structures. The canopies have been designed as a focal point for the Mall and it is intended to complement and enhance the retail environment of the Mall precinct. “Unsympathetic design for a heritage area”
Planner's Comment The central canopy structure is contemporary in nature and whilst not following specific heritage guidelines, is not considered to be unsympathetic in the context of the Heritage Conservation Area. The structure has been proposed as part of an updated and co-ordinated image for the CBD shopping precinct and on this basis will introduce a significant new visual element into the City Centre.
Submissions from public authorities
Not relevant.
Section 79C(1)(e) the public interest The proposed development may not meet specific heritage guidelines, however it will provide a contemporary, updated image for the Mall and ultimately seeks to provide facilities to both the local community and tourists at an easily accessible and centrally located position in the Mall. Issues relating to the appropriateness of this development at this location have been addressed in the body of the report.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
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020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont)
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
Page 55 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont)
SCHEDULE OF CONDITIONS COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
2 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
3 A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the structure.
4 All excavations and backfilling must be executed safely, in accordance with appropriate professional standards and be properly guarded and protected to prevent them from being dangerous to life or property.
5 All demolition works are to be carried out in accordance with Australian Standard AS 2601-1991.
6 The requirements of the Hunter Water Corporation with regard to construction works over or adjacent to a sewer main are to be adhered to.
7 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
HEALTH & AMENITY Reason: The objectives of the following conditions are to ensure that a building is so designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for the occupants and adequate insulation against noise transmission is provided.
Page 56 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) 8 Roof waters from the canopy structures are to be disposed to the street gutters or approved stormwater systems/catchments, as applicable. Alternative disposal of roof waters may be permissible only in accordance with Council Policy.
SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.
9 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
10 Barricades and lights are to enclose the whole of the vehicular crossing work areas, and are to be maintained for the duration of the work. Adjacent footpath areas are to be kept clear of debris, etc at all times and be in a safe condition for pedestrian access.
11 Separate formal application should be made to Council regarding any proposals for: i) Erection of footpath hoarding and/ or scaffolding; ii) Partial footpath closure; iii) Any building construction or work associated activity, which in any way will affect pedestrian or vehicular traffic movement, safety or parking. In this regard applications for such approvals are to be submitted four (4) weeks in advance.
12 The central support pole at the northern end of Bulwer Street is to be located such that it does not interfere with the swept path of a large rigid truck, when exiting the Mall via Bulwer Street.
13 The support pole for the most easterly sail occupies the same location as an existing light pole. The light pole is to be relocated clear of the support pole.
14 The section of the Mall affected by the removal of the bandstand is to be reinstated by the installation of pavers to manufacturers specification. The pavers are to match the colour, style and pattern of the adjacent Mall pavers.
15 A sign must be erected in a prominent position on the work:
(i) stating that unauthorised entry to work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.
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020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) 16 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
17 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
18 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.
19 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.
20 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.
21 Where a lot has frontage to existing concrete foot paving or a cycle path within the footpath, the location of the proposed vehicular driveway access is to be identified and the concrete paving removed over the width of the access. Access to the site by construction traffic will only be permitted at this location. Any damage to the remainder of the footpaving/cyclepath is to be reinstated by the property owner to Council's satisfaction.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
22 The removal of the street trees, required to permit access to the development shall be subject to a separate application to Council at the time removal is required.
23 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.
DESIGN Reason: The following condition(s) have been applied to ensure that: i) Buildings are constructed in a manner which has regard for the constraints affecting the subject land.
Page 58 COUNCIL MEETING AGENDA 26 MARCH, 2002
020372 ERECTION OF CENTRAL CANOPY STRUCTURE OVER PART OF MAITLAND HERITAGE MALL, HIGH STREET MAITLAND RECOMMENDATION: APPROVAL (Cont) ii) Buildings are constructed of suitable materials with respect to their function and location and that colour schemes and restoration works are appropriate and retain the integrity of existing structures.
24 Details of materials and colour selections are to be prepared in conjunction with the Construction Certificate.
STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
25 A traffic control plan is to be submitted to and approved by Council prior to the commencement of construction. Construction within the existing road reserve must not take place without the approved traffic control plans being adhered to.
Page 59 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.3 RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS
File No: RZ 01006
Attachments: (3) Exhibited Draft LEP Amendment Authority Submissions Public Submissions Revised Draft LEP Amendment
Responsible Officer: Alison McGaffin Manager Development Services
Author: Monica Gibson Development Assessment Officer
EXECUTIVE SUMMARY On 14 August 2001, Council resolved to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 to introduce definitions for “restricted premises” and “brothels” and allow these forms of developments only in industrial zones.
In accordance with the provisions of Section 66 of the Environmental Planning and Assessment Act 1979, the proposed amendment was placed on public exhibition at Council’s Customer Service Centre and Maitland City Library from 8th November 2001 to 5th December 2001. The draft amendment was advertised in the Maitland Mercury and public notice of the amendment was given to relevant public authorities and affected property owners.
Written submissions were received from WorkCover NSW, NSW Police Service, several neighbouring local Councils and twelve (12) local residents and community groups. All the submissions received from the local residents raised objections to the proposed amendment, however no objections were received from the government authorities and local councils.
This report considers the submissions that were received in response to the exhibition, justifies some minor changes proposed to the exhibited local environmental plan to clarify terms used and recommends that the draft local environmental plan be referred to the Minister for Planning with a request to the Minister to make the plan.
Page 60 COUNCIL MEETING AGENDA 26 MARCH, 2002
RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS (Cont.)
OFFICER'S RECOMMENDATION THAT:
1. In accordance with Section 68 of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be referred to the Department of Planning, with a request that the Minister make the Plan.
BACKGROUND Council will recall considering a report at its meeting on 14 August 2001 on the implications of the Disorderly Houses Amendment Act 1995 and its effect on local government of decriminalising brothels. Council resolved at this meeting to prepare and exhibit a draft local environmental plan (LEP) and draft development control plan (DCP).
It was Council’s resolution to permit “restricted premises” and “brothels “ in industrial zones and only with development consent. The exhibited draft LEP reflected this intent and is reproduced in Attachment 1.
This report refers only to the draft LEP amendment and not the draft DCP, which will be the subject of a further report to Council, should the LEP be made as recommended.
EXHIBITION In accordance with the provisions of Section 66 of the Environmental Planning and Assessment Act 1979, the proposed amendment was placed on public exhibition at Council’s Customer Service Centre and Maitland City Library from 8th November 2001 to 5th December 2001. The draft amendment was advertised in the Maitland Mercury and public notice of the amendment was given to relevant public authorities and affected property owners.
SUBMISSIONS FROM GOVERNMENT AUTHORITIES Five (5) submissions were received from authorities during the exhibition period. They are attached in full as Attachment 2.
A submission was received from WorkCover NSW that indicated that brothels and other sex industry establishments should comply with the Occupational Health & Safety Act 2000 and the Dangerous Goods Act 1975 and should follow the Code of Practice for HIV and other blood-borne pathogens. These details are included in the draft DCP.
The Lower Hunter Local Area Command of the New South Wales Police Service commented that there was no evidence to suggest an increase in crime related matters as a result of the introduction of planning controls for brothels and sex industry establishments.
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RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS (Cont.) Each of the adjoining local councils responded to the exhibition of the draft Maitland LEP to confirm that they had no issues with the proposal.
SUBMISSIONS FROM THE PUBLIC Twelve (12) submissions from local residents and community groups were received following the exhibition of the draft LEP amendment and the draft DCP. These are attached in full as Attachment 3. The concerns raised in the submissions are summarised and discussed below:
“The teaching of scripture upholds the sanctity of marriage. The husband and wife relationship is a divinely appointed relationship.
The proposed setting up of commercial eroticism is degrading human dignity and especially to women.
Planner’s Comments
The Land and Environment Court have clearly ruled that community standards and views on the morality of brothels are issues that need not be considered in the determination of a development application. The intent of the draft LEP amendment is to clarify the manner in which the existing law concerning prostitution and brothels applies to Maitland City.
“brothels and prostitution lead to sex- related crimes and violence”
Planner’s Comments
A submission from the Lower Hunter Local Area Command of the New South Wales Police Service indicated that there was no evidence to suggest that the establishment of brothels and sex industry activities result in an increase in crime related matters.
The LEP amendment will be strongly linked to the Disorderly Houses Amendment Act and other legislation regulating the development.
The reforms to the prostitution laws have made brothels a legitimate land use. The NSW Brothels Taskforce recommends that the most effective method of reducing the number of illegal brothels and associated illegal activities, is to develop planning instruments that identify areas where brothels are compatible with other land uses and to attach appropriate conditions of development consent to address the amenity impacts.
“there will be an increase in diseases, including hepatitis and AIDS”
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RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS (Cont.) Planner’s Comments
With the adoption of the new LEP and DCP, regulations on health and wellbeing matters can be controlled. All brothels and sex industry establishments will be required to comply with the guidelines in the DCP and with WorkCover guidelines outlining disease control, hygiene and access to protective equipment.
At the last independent review of the implementation of the National HIV/ AIDS Strategy in Australia, it was determined that a HIV epidemic among sex workers had been avoided in this country. The scientific literature on sexually transmitted infections supports the findings that there are low rates of HIV transmission for sex workers.
Generally, sex workers working in brothels are usually required by brothel management to present a health certificate to their employer on a regular basis. Since the emergence of HIV infection, the brothel and sex industry in NSW has transformed to become almost entirely based on safe sex practices.
The continued marginalisation of street sex workers makes them more vulnerable to exploitation and makes access to public health prevention efforts difficult.
“habitually should be deleted from the definition of brothels”
Planner’s Comments
The Report of the Brothels Taskforce, established by the NSW Attorney General and the Minister for Urban Affairs and Planning in January 2000, is quite clear on the issue, that habitually is required in the definition of brothels to establish that there needs to be some regularity or continuity in the use of the premises for prostitution. Evidence to establish that the premise has been habitually used for prostitution can be by way of direct evidence or circumstantial evidence.
AMENDMENTS TO EXHIBITED PLAN The draft LEP amendment as exhibited is included as Attachment 1. Subsequent to the close of the exhibition period, the draft LEP was amended by a revised definition of “restricted premises” and the addition of a definition of “prostitution” to clarify the use of these terms and to comply with accepted best-practice definitions. There is no change to the intent or the area of applicability of the LEP.
The revised draft LEP amendment is included as Attachment 4.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS The amendment of Maitland LEP 1993 in the manner proposed will influence Council’s policy in relation to the regulation of brothels and other sex industry
Page 63 COUNCIL MEETING AGENDA 26 MARCH, 2002
RZ01006 - DRAFT AMENDMENT TO MAITLAND LEP 1993 REGULATION OF BROTHELS AND OTHER SEX INDUSTRY ESTABLISHMENTS (Cont.) establishments. The adoption of this plan will ultimately change the Maitland LEP 1993 to permit brothels and sex industry establishments in industrial zones, with development consent only.
STATUTORY IMPLICATIONS The statutory process for preparing an amendment to Maitland LEP 1993 is detailed in Part 3 of the Environmental Planning and Assessment Act 1979.
Page 64 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.4 CANCER COUNCIL - RELAY FOR LIFE PROGRAM
File No: P37409, P37410, P37411, P37412
Responsible Officer: Brad Everett Group Manager-Service Planning and Regulation
Author: David Bortfeld Manager - Recreation Planning
EXECUTIVE SUMMARY The Cancer Council have approached Council with regard to Maitland hosting the next Relay for Life event. These events are designed to raise money for cancer research whilst participating in a 24 hour walk-a-thon. Maitland Sports Ground has been identified as a preferred location for the event.
Council has been requested to support the program and offer assistance with administration and ground preparation. The cost is anticipated being $1,800.
This program was previously hosted at Dungog, Central Coast and Newcastle.
OFFICER'S RECOMMENDATION THAT:
1. Council give support to the program.
2. The associated costs be met from the current Management Plan and Budget.
REPORT This report deals with an approach from the Cancer Council for Maitland to host a Relay for Life event in October 2002. From the Cancer Council’s recent correspondence:
“Relay for life is an event that gives people an opportunity to activity participate and publicly recognise cancer and at the same time raise money vital funds to help us defeat cancer. It’s a 24 hour walking or running team event with ceremonies to celebrate people who have survived cancer and remember that have passed away.
Last year, three Relays were held in our region. Dungog, The Central Coast and Newcastle. They were all quiet successful and we are therefore quiet keen to have one in Maitland, possibly called the Hunter River Relay for Life.”
Page 65 COUNCIL MEETING AGENDA 26 MARCH, 2002
CANCER COUNCIL - RELAY FOR LIFE PROGRAM (Cont.) A preliminary meeting with the Cancer Council, and other stakeholders, was held on the 17th February 2002. From that meeting the Cancer Council is now seeking support from various agencies to aid in the development of the program.
Maitland Sports Ground is being flagged as the best possible location in Maitland. Representatives from the Cancer Council have viewed the site and are confident the facility can support the program. The actual booking of the Sports Ground has not been undertaken due to awaiting confirmation of Council’s support for the event.
Council’s Responsibility.
To aid in the development of the program it is anticipated the following will be requested from Council:
• Event management support • Representative on the Steering Committee • Meeting room – one room for 2 hours monthly • Ground preparation – Preparation of field, athletics track marking, floodlighting and electricity charges • Garbage bin allocation and removal – delivery and removal of bins • Assistance with administration – printing of material, distribution of flyers and mail outs
At this point Council’s commitment has not been finalised. However it is anticipated that funding will be required to support this activity. A ground hire fee will apply for the use of the Sports Ground that will meet only minimal costs associated with the event. However, it is anticipated that $1,800 will be required to aid in labour, materials, additional maintenance and sponsorship.
Hosting a Relay for life Event will offer Maitland a unique opportunity to avenues to participate and pay recognition to those who have been affected by cancer. The funding raised from this event will further enhance efforts to manage the disease. It is recommended that Council provide in principle support for the event and a further report be present once full requirements are identified.
FINANCIAL IMPLICATIONS To aid with the development of this program $1,800 is required for labour, materials and additional maintenance.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 66 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.5 SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002
File No: 122/944
Responsible Officer: Brad Everett Group Manager - Service Planning and Regulation
Author: David Bortfeld Manager - Recreation Planning
EXECUTIVE SUMMARY This report deals with the proposed “Fun Now 2002” programme scheduled for April 6 at Smyth Field, Maitland.
Council has been approached by the Maitland Ministers Association to support and assist with the development of the Fun Now program. The event is free to all those wishing to attend with an anticipated crowd of 10,000 people. A similar program was undertaken last year with an estimated 4,000 people participating. The program of activities include, carnival rides, competitions and free entertainment.
Councils involvement in this program would include event guidance, support, safety equipment and ground preparation. Funding for this support ($1,000 for labour, maintenance and materials) can be met form the existing budget allocation.
OFFICER'S RECOMMENDATION THAT:
1. Council support the “Fun Now 2002” event.
2. The associated costs be met from the current Management Plan and Budget.
REPORT The Maitland Ministers Association has approached council to host and support a second fun day scheduled for April 6th at Smyth Field, Maitland. The Ministers Association offered the first fun day at Smyth Field in April 2001 with approximately 4,000 people attending. These “Fun Days’ are offered as a free service to all those wishing to attend. The Ministers Association has anticipated a crowd of approximate 10,000 for this year’s event.
Page 67 COUNCIL MEETING AGENDA 26 MARCH, 2002
SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002 (Cont.) The 2002 program has been named “Fun Now 2002” which is a community focused initiative organised through the ministers association and the combined churches of Maitland. The day will consist of numerous free attractions and activities including:
• Amusement rides and equipment • Organise displays eg Army Reserves • Children’s activities • Competitions including wheel barrow racing and gum boot throwing. • Drink and food vans • Free sausage sizzle lunch • Motorised train rides.
The Fun Now program is a well-run event with all facets of event management considered.
Council’s Involvement
Council, as the management authority for community land, has a responsibility to ensure any event is conducted in a safe, and efficient manner with as little disruptions to the general community as possible. Last years program required Council to take part in the planning process, steering committee and ground preparation for the event.
Council’s requirement for this year’s program is similar. The Ministers Association have requested the following assistance.
• Event guidance and support • Ground usage – offset any damages caused by event • Ground preparation – fence removal and reinstatement, mowing and securing site • Barricades – delivery and retrieval (supply of staff) • Witches hats - delivery and retrieval (supply of staff) • Safety vests - delivery and retrieval (supply of staff) • Portable toilets – supply • Garbage bins and their removal – delivery and pickup on Sunday afternoon • Advertising assistance • Possible clean up after event
Council generally supplies this form of assistance at most special events. However, due to the anticipated crowd size and frequency of events this year the funding for this assistance places strains on current resources. It is anticipated that $1,000 will be required to support this free community event. This financial commitment is for labour, materials and additional maintenance.
The Fun Now program offers opportunities for all families in the area to enjoy an amusement style activity day free of charge. Council’s assistance for this program is recommended to ensure the activities are undertaken in the most efficient manner and to present Smyth Field in the best possible condition.
Page 68 COUNCIL MEETING AGENDA 26 MARCH, 2002
SPECIAL EVENT - "FUN NOW", SMYTH FIELD 6TH APRIL 2002 (Cont.) FINANCIAL IMPLICATIONS To aid in the development and instigation of the fun Now 2002 program financial assistance is required. This assistance has been estimated at $1,000.
POLICY IMPLICATIONS Council’s Special Events Application has been prepared and submitted for this event.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 69 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.6 ALCOHOL FREE ZONE - METFORD RECREATION RESERVE
File No: P34458
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: David Bortfeld Manager Recreation Planning
EXECUTIVE SUMMARY This report deals with the proposed alcohol free zone and curfew over the use of the skateboard facility at Metford Reserve.
Councillor Keating presented a Notice of Motion regarding the identification and dedication of the skateboard park and surrounding areas of Metford Reserve as an alcohol free zone and requested a curfew be placed preventing use between 8pm and 6am.
The proposed dedication of this area as an alcohol free zone was advertised and expressions of interest requested. At the close of this exhibition period no submissions were received.
With regard to the placement of a curfew over use of the facility between 8pm and 6am Maitland Police have been approached regarding the regular surveillance and enforcement of these restrictions. Maitland Police identified that they could not offer additional services for this request nor has it been recognised as a high priority. The use of Council’s Ordinance Officers for this responsibility would require an extension of hours and penalty rates.
It is recommended that council proceed with the installation of the appropriate signage regarding the alcohol free zone and reconsiders the placement of a curfew over the skateboard facility as vandalism has decreased at this location over the last six months.
OFFICER'S RECOMMENDATION THAT
1. Council proceed with the installation of signage identifying Metford Skate Park and the surrounding reserve an alcohol free zone.
2. Council not place a curfew over the use of the skateboard facility.
Page 70 COUNCIL MEETING AGENDA 26 MARCH, 2002
ALCOHOL FREE ZONE - METFORD RECREATION RESERVE (Cont.) REPORT This report deals with the Notice of Motion submitted by Councillor Keating and the subsequent Council resolution.
“THAT Council impose a number of restrictions on the use of the skate park facility at Metford Recreation reserve. The restrictions to include but not limited to the following: - Impose a curfew or non-use period between the hours of 8pm and 6am - Designate the skate park and surrounding recreation areas known as Metford Recreation Reserve, an alcohol free zone
Appropriate signage is erected in the vicinity of the skateboard facility to indicate these restrictions
Appropriate community notification is provided to indicate these restrictions.
That council as a matter of urgency complete the necessary repairs, replacements, removal of graffiti and painting to the amenities building and associated facilities at Metford Recreation Reserve.
On competition of this work, council advises the community that a six-month trial/assessment period will be conducted by the council to determine whether the skate park facility should be retained at Metford Recreation reserve.
If during or at completion of the trial period, council is of the view that the social and economic costs exceed the community benefits of the skate park facility then council consider whether the facility should be removed for a defined period of time and/or relocated to another more appropriate and deserving location within the City of Maitland. ”
These issues have been investigated and dealt with in the following manner.
1. Maintenance issues at the reserve. All requests for maintenance and repair have been undertaken.
2. Alcohol Free Zone Council’s intention to identify the said area as an alcohol free zone has been advertised and expressions of interest requested. At the close of this exhibition period Council received no submissions.
It is recommended that council proceed with the installation of appropriate signage for this restriction on use.
3. Curfew on Use
Council has the power to impose a restriction of use over its assets. The resolution states a curfew between 8pm and 6am. The policing of this curfew is a concern to ensure maximum benefit for the intended purpose. Maitland Police have been contacted regarding the possibility of periodic patrols of the area and the enforcement
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ALCOHOL FREE ZONE - METFORD RECREATION RESERVE (Cont.) of the curfew. Maitland Police informed that there would be no extra protocol associated with the management of the skateboard facility nor was it seen as a high priority with reference for surveillance.
Council’s ordinance inspectors have the authority to enforce restrictions on use as identified by the appropriate signage. The use Council’s resources (Ordinance Inspectors) for these activities would require extended hours of work and consequently penalty rates would apply.
It is requested Council reconsider the placement of a curfew over use as the vandalism to the skateboard area has not increased requests for maintenance. This request has been brought about by restrictions on enforcing the curfew and the apparent reduction in vandalism of the site.
Council will continue to monitor vandalism activity in the area to provide insight into trends in anti social activity at Metford Recreation Reserve
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.7 IMPLEMENTATION OF THE MAITLAND GREENING PLAN
File No: 103/76
Responsible Officer: Peter Cameron
Author: Peter Cameron Manager City Strategy
EXECUTIVE SUMMARY Council adopted the Maitland Greening Plan on 26 February 2002, following extensive consultation with the Maitland community. The Greening Plan addresses a range of environmental issues throughout the Maitland LGA, through the protection and enhancement of native vegetation.
Part of Council’s resolution on 26 February 2002 was that:
“A further report be submitted to Council detailing an implementation strategy for the Greening Plan and various recommendations”.
The implementation of an environmental levy (special rate) is the subject of a separate report to this meeting. This report is concerned with other elements of the implementation of the Plan, particularly the review of Council policy in relation to vegetation management.
In accordance with the report to Council on 26 February 2002, it is intended that Council undertake this review of policy and that these amendments be placed on public exhibition. This is expected to take place following the preparation of more detailed mapping of vegetation communities, which will enable Council to put individual proposals into a local as well as a regional perspective.
In addition to the mapping, it is recommended that a detailed report be submitted to Council regarding the formation of a Greening Plan Reference Group. At this time, it is envisaged that the Reference Group would comprise a cross-section of interests throughout the community to provide transparency and accountability in the implementation of the proposed levy and a means of consultation and input from the community.
It is proposed that more detail on the make-up and role of the proposed Group be provided in a separate report to Council following a decision by Council and the Minister for Local Government in relation to the proposed environmental levy.
In addition, it is recommended that a review of Council’s vegetation management policy be listed as a project for completion in the 2002/3 Management Plan, including consultation with the community.
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IMPLEMENTATION OF THE MAITLAND GREENING PLAN (Cont.) OFFICER'S RECOMMENDATION THAT:
1. Council proceed with the development of more detailed mapping of Maitland’s vegetation communities.
2. A separate report be submitted to Council regarding the make-up and charter of a Greening Plan Reference Group, following a decision by Council in relation to the environmental levy, as detailed in this report.
3. A review of Council’s vegetation management policy be listed as a project for completion in the 2002/3 Management Plan.
BACKGROUND The Maitland Greening Plan provides the general principles for vegetation management in the Maitland LGA, including retention targets for each of Maitland’s vegetation communities. The establishment of these principles has involved considerable investigation by Council in consultation with a Coordinating Group, due to the complexity of the issues involved.
The Greening Plan provides the broad directions for future environmental works in the Maitland LGA and the purpose of this report is to recommend to Council a process to begin the implementation of the Greening Plan.
Some of this process has already been outlined to Council at the time that the Greening Plan was adopted. For example, a proposal for an environmental levy is submitted in a separate report to this meeting of Council. In addition, Council resolved on 26 February 2002 that:
“Specialist advice be obtained on trade-offs for consideration by Council in conjunction with draft amendments to Maitland LEP 1993 in relation to vegetation management and the preparation of draft Development Control Plan”.
The purpose of this report is to provide greater detail on the anticipated process of implementation.
REPORT
Vegetation Mapping
The first step in the implementation of the Greening Plan is the preparation of more detailed mapping of Maitland’s vegetation communities. This is necessary because the mapping of vegetation communities in the Greening Plan is at a regional scale. Greater detail will be required to examine detailed proposals at the local level.
The mapping is needed to determine priorities for conservation and the locations for trade offs throughout the Maitland LGA. This will not remove the need for more
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IMPLEMENTATION OF THE MAITLAND GREENING PLAN (Cont.) detailed studies for individual sites in the future but will enable Council to put individual proposals into a local as well as a regional perspective.
The mapping will be conducted in accordance with the methodology used at the regional level by the Lower Hunter and Central Coast Regional Environmental Strategy.
Preliminary enquiries suggest that the cost of the mapping can be accommodated in this year’s budget. It is therefore recommended that Council commence with the preparation of the detailed mapping immediately.
LEP/DCP Provisions
Council has foreshadowed the preparation of a Local Environmental Plan amendment in relation to native vegetation in the Greening Plan. The review of LEP provisions is necessary because Council’s current tree preservation provisions are nearly 10 years old.
At present, consent is required for the removal of any tree, which is over 3 metres in height, throughout the Maitland LGA. This places an unnecessary burden on Council from a regulatory perspective in some areas, but does not provide enough protection of native vegetation in other areas. Accordingly, it is proposed that the LEP provisions be reviewed in consultation with the community.
It is also proposed that Council prepare a Development Control Plan (DCP) for vegetation management, providing details of Council’s policy on vegetation management and the types of trade-offs, which can be considered by Council in the different parts of the LGA. This is another critical step in the implementation of the Greening Plan, to enable a more strategic approach to decision making in the Maitland LGA.
Specialist advice will be required during the preparation of the DCP, which is likely to draw on the experiences of other Councils in NSW, to develop a policy, which is right for the circumstances of the Maitland LGA. Most notably, with around 93% of Maitland’s bushland in private ownership, there will be a need for detailed consideration of the potential for trade offs and how these trade offs would be implemented.
Effective consultation with the community will be an important element in the preparation of the DCP and will be required in accordance with relevant legislation. It is therefore recommended that a review of Council’s vegetation management policy be listed as a project for completion in the 2002/3 Management Plan.
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IMPLEMENTATION OF THE MAITLAND GREENING PLAN (Cont.)
Reference Group
The formation of a Greening Plan Reference Group is another proposal in the Greening Plan. The Reference Group would monitor the implementation of the environmental levy and may also have a role in other aspects of the Greening Plan implementation.
It is envisaged that the Reference Group would meet around three times a year and that it would comprise a cross-section of interests throughout the community. The purpose of the Group would be to provide transparency and accountability in the implementation of the proposed levy and a means of consultation and input from the community. However, at this stage, prior to any decisions in relation to the proposed levy, it is premature to determine the exact make-up and role of such a Group.
The input of the Reference group will not be required during the initial mapping phase (discussed above) as this will be of a technical nature and will be conducted in accordance with recognised regional methodologies. It is therefore proposed that a separate report be submitted to Council regarding the make-up and charter of the proposed Reference Group, following a decision by Council in relation to the proposed levy.
Regional Initiatives and Funding Assistance
There are currently two major initiatives at the regional level in relation to native vegetation. The first of these initiatives is the finalisation of regional vegetation mapping in connection with the Lower Hunter and Central Coast Regional Environmental Management Strategy (LHCCREMS).
The final stages of the LHCCREMS process will involve an assessment of regional conservation values and consultation with member Councils regarding the implementation of initiatives out of the LHCCREMS project. The fact that Council has prepared its own detailed analysis of vegetation management issues in the Maitland LGA (i.e. the Greening Plan) will be of benefit during this process.
The second major regional initiative is the preparation of Regional Vegetation Management Plan (RVMP) by the Department of Land and Water Conservation (DLWC). The Maitland LGA is one of many Council areas covered by the RVMP. Preparation of the RVMP has commenced this month but is likely to take some time to complete due to the scope of issues to be addressed.
Council does not have direct representation on the Regional Vegetation Committee, but will be kept informed by Councillor Daniel Gollenia (Singleton Shire Council) who is the local government representative on the Committee.
Council will continue to seek funding assistance from available sources in connection with the Greening Plan, irrespective of the outcome of the environmental levy proposal, which is discussed separately in another report to this meeting. It is noted, however, that matching funding from a levy will substantially increase Council’s chances of successfully obtaining grant funds. Page 76 COUNCIL MEETING AGENDA 26 MARCH, 2002
IMPLEMENTATION OF THE MAITLAND GREENING PLAN (Cont.) FINANCIAL IMPLICATIONS The costs associated with the implementation of the Greening Plan, as detailed in this report, can be accommodated within existing and projected budget allocations.
POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no statutory implications as a result of this report.
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10.3.8 ENVIRONMENTAL LEVY
File No: 55/15
Attachments: (1) Funding Options
Responsible Officer: Peter Cameron
Author: Peter Cameron Manager City Strategy
Jon Dundas Manager Administration and Information Technology
EXECUTIVE SUMMARY The Maitland Greening Plan was adopted by Council on 26 February 2002, following extensive consultation with the Maitland community. The Greening Plan aims to address a range of environmental issues throughout the Maitland LGA, through the protection and enhancement of native vegetation.
The Greening Plan also addresses the financing of environmental initiatives, concluding that substantial funding will be required and that Council should pursue a range of funding options, including the implementation of a special rate (environmental levy).
Council therefore resolved on 26 February 2002 that:
“Council proceed with the development of a detailed proposal for an environmental levy (special rate) and that extensive public consultation take place to gauge public opinion and support”.
The purpose of this report is to provide more detail and further evaluate the proposal for an environmental levy, particularly in terms of the type of works which can be undertaken with the benefit of a levy and the implications to Council and the community.
The Greening Plan includes a list of possible projects for implementation under an environmental levy. This list has been considered in the preparation of the levy proposal, which is included as Attachment 1 to this report.
The levy proposal includes a number of alternative funding options that Council can consider and seeks to clarify which actions are most likely to achieve the necessary on-the-ground outcomes arising from the Greening Plan. These options follow on directly from the Greening Plan and have been developed by a project working group within Council in consultation with other government agencies prior to detailed consultation with the community.
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ENVIRONMENTAL LEVY (Cont.) In conclusion, the proposed environmental levy would increase the capacity of Council and the community to deliver better environmental outcomes, as detailed in the Maitland Greening Plan. The levy will provide opportunities for matching funding from the state government, increasing the capacity of Council, landowners and community groups to better manage the local environment.
It is therefore recommended that the proposal for a levy in this report be placed on public exhibition as part of Council’s 2002/3 Management Plan and that an independent survey of community opinion in relation to the levy also be undertaken.
OFFICER'S RECOMMENDATION THAT:
1. Formal consultation be undertaken with the community in relation to the proposal for a special rate (environmental levy).
2. The public consultation include an independent survey to gauge public opinion on the proposed levy, as described in this report.
3. A further report be submitted to Council following consultation with the community, providing details of the outcomes of the consultation process and any amendments to the proposed levy, which may be necessary.
INTRODUCTION The Maitland Greening Plan is the most comprehensive environmental strategy, which has been produced for the Maitland LGA. The Greening Plan addresses a wide variety of environmental issues such as water quality, erosion, salinity, and biodiversity and the relative conservation value of Maitland’s vegetation communities at the local and regional levels.
In conclusion, the Greening Plan finds that the solutions for these environmental problems relate strongly to a lack of native vegetation at the local level. Accordingly, the initiatives in the Greening Plan aim to not only improve local biodiversity but also to address the symptoms of vegetation loss (e.g. erosion and water quality).
The extent of the environmental problems in the Maitland LGA is relatively high in comparison to other parts of the Hunter. This is clear in the draft Catchment Blueprint for the Hunter, which has been prepared by the Department of Land and Water Conservation. The draft Blueprint shows the extent of problems such as vegetation loss, water quality, erosion and salinity throughout the Hunter.
Maitland’s location on the valley floor, with fertile alluvial soils and close proximity to major markets has resulted in a long history of agriculture and development, which has taken its toll on the local environment. The Greening Plan therefore identifies the need for substantial action.
Put simply, there is a lot to be done and there is considerable cost associated with the necessary environmental improvements. An environmental levy is therefore
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ENVIRONMENTAL LEVY (Cont.) proposed to increase the capacity of Council and the community to deliver better environmental outcomes in the Maitland LGA.
It is hoped that an environmental levy will engender a sense of hope and optimism within the Maitland community by providing the capacity for community based solutions to Maitland’s environmental problems. It is also expected that the levy will generate substantial matching funds from state and federal governments, increasing the capacity of Council, landowners and community groups to achieve the goals in the Greening Plan.
Levy Proposal
Many other Councils in NSW have introduced a special rate (environmental levy) to fund environmental improvements. Not all of these Councils have had the benefit of a comprehensive environmental strategy such as the Greening Plan. However, all of the Councils have taken the view that an environmental levy provides an effective and equitable means of addressing environmental problems.
Council has taken some guidance from these other Councils regarding the type of projects which can be considered with an environmental levy. Nevetheless, it is important that the proposed levy be tailored to the unique circumstances, which exist in the Maitland LGA.
In the Greening Plan, it is clearly established that the vast majority (93%) of Maitland’s native vegetation is in private ownership. This means that Council must cooperate with landowners to achieve the best environmental outcomes for the City. The proposed environmental levy therefore includes an emphasis on landowner incentives.
Council has already commenced the implementation of the Greening Plan with the introduction of a Native Plant Distribution Program. This is an existing initiative, which has been funded separately in the 2001/2-management plan and therefore does not involve the expenditure of funds from the proposed levy. The Native Plant Distribution Program will operate independently of the Levy.
The proposed levy is presented in Attachment 1 to this report under the title “Maitland’s future environment”. It is broken into four sub-sections to illustrate the broad nature of the proposed expenditure. The sections are:
1. Natural Biodiversity 2. Water and Rivers 3. Priority Catchments 4. General Environmental Initiatives
Importantly, there is an emphasis on achieving on-the-ground outcomes as a result of the levy. The aim has been to achieve at least 80% expenditure of levy funds on on- the-ground outcomes.
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ENVIRONMENTAL LEVY (Cont.)
In addition, it is emphasised that the levy is to be administered independently by Council from other functions and that funds will not be absorbed into general revenue. It is proposed that a Reference Group be formed for the purpose of the levy, comprising representatives of Council, relevant state government authorities, landowners and the community. Regular reports would be provided to the Reference Group along with annual reports to Council and the community.
The costs in Attachment 1 are estimates only and may be subject to variation as the levy progresses. However, the project descriptions and cost estimates provide a useful indication of the proposed breakdown of works under the levy.
The outcomes proposed under the various sections of the levy are discussed below:
1. Natural Biodiversity
A separate report regarding the implementation of the Greening Plan is included in this evening’s agenda. The recommended implementation process in the report includes more detailed mapping of existing vegetation in the Maitland LGA and the determination of conservation values and priorities. This mapping is recommended to commence immediately.
Following this mapping, Council will be in a position to determine priorities for action in relation to existing vegetation. Council will need to actively assist landowners in priority locations including outcomes such as buffers, fencing and linkages, depending on the circumstances of the vegetation in question.
This is the approach being taken by Great lakes Council, which is in the process of establishing a system of devolved grants, with funding assistance linked to property agreements. Such an approach is considered to be compatible with the regional approach to vegetation management and would enhance Council’s and the community’s chances of successfully obtaining state government assistance.
It is therefore proposed that Council provide assistance to landowners for major works to conserve native vegetation in the long-term, with the exact nature of incentives to be determined in consultation with the DLWC.
In addition, funding is proposed for the acquisition of native bushland by Council, in instances where the circumstances are considered to warrant public ownership. This may include the conservation value of the bushland, and its location (e.g. in relation to passive recreation opportunities).
The funding of such biodiversity initiatives is considered to be a high priority for the levy due to the general lack of vegetation in the Maitland LGA and the expected high conservation status of many of our remaining vegetation communities at the local and/or regional level. Minimum allocations of $100,000 per year for acquisition and $100,000 per year for devolved grants are therefore proposed throughout the period of the proposed levy under the minimum levy proposal of $500,000 per annum.
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ENVIRONMENTAL LEVY (Cont.)
Increased allocations for acquisition are included in the $750,000 and $1 million per annum proposals, recognising that the costs associated with acquisition are substantial and that Council’s ability to conserve important areas of bushland would be enhanced under the higher levy proposals.
In addition, an extension of the Native Plant Distribution Program is proposed under the $750,000 levy option and an education program for owners of domestic animals under the $1 million levy option.
2. Water Quality and Rivers
Water quality is an issue of particular community concern, as shown in recent community surveys, which have been conducted on behalf of Council. Water and Rivers have consistently ranked in the top four community priorities during the last three years.
Council is already active in water management, in areas such as water quality monitoring and in the preparation of a draft Stormwater Management Plan. However, there is much more that Council can do with the benefit of increased revenue to try to address issues of water quality decline in the Maitland LGA. This is acknowledged in Councils State of the Environment Report 2000/1.
Accordingly, it is proposed that Council’s existing Water Quality Monitoring Program be expanded to provide better baseline data for works undertaken as a result of the levy.
Anticipated water quality improvements will include the results of works in the various catchments described in Part 3 of the levy proposal and will also include proposed works in erosion and riparian zones. The provision of assistance to owners of eroded or riparian zones is therefore an early priority of the proposed levy.
This will need to take place in a coordinated manner with priorities for assistance determined on the basis of available information and in consultation with the Reference Group. The application of such a program to target erosion would apply predominantly in the north-west of the LGA, where the majority of Maitland’s erosion problems exist. These degraded areas are currently not the focus of DLWC landowner assistance funding and Council assistance would therefore complement existing environmental initiatives.
In terms of riparian vegetation, DLWC funding assistance is limited and an assistance program by Council would also complement existing programs, with potential for matching funding to address environmental decline in these areas.
In the $750,000 and $1 million dollar per annum levy proposals, additional projects include a Wetland Management Plan and rehabilitation program and a Salinity Action Program to supplement any regional initiatives.
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ENVIRONMENTAL LEVY (Cont.) 3. Priority Catchments & Sites
Wallis and Fishery Creeks
The Wallis and Fishery Creek Total Catchment Management Strategy provides guidance for Council in relation to necessary environmental works in that catchment. In addition, a River Management Plan is being prepared by the Hunter Catchment Management trust for the lower reaches of the Wallis and Fishery Creeks, encompassing that part of the Maitland LGA in those catchments, which will provide further detail on required works.
Priorities for expenditure will include the re-establishment of native vegetation around Wentworth Swamp and fencing to protect existing riparian vegetation and avoid streambank erosion, in accordance with recommendations in the TCM strategy. Landholders would be encouraged to conserve riparian vegetation through voluntary measures in accordance with the TCM Strategy.
Priority areas for rehabilitation within the catchment would be identified in consultation with the Hunter Catchment Management Trust and the Reference Group.
Four Mile Creek
The Four Mile Creek corridor provides a major opportunity for Council and the community to provide a vegetation corridor. Opportunities in relation to the corridor include the existence of public land, active community groups and landholders and a crossing point beneath the New England Hwy. The corridor has value as a native vegetation and wildlife link and it is identified in Council’s Linkages Study as part of a major community linkage route between South Maitland and Morpeth.
This opportunity is identified in the Greening Plan and is also noted in the Catchment Management Plan (CMP) done by Landcare for the Four Mile Creek Catchment. The CMP identifies the need for planned vegetation corridors linking the large woodland areas in the south of the catchment with the Hunter River in the north.
Accordingly, it is proposed that the levy include environmental works in the Four Mile Creek corridor during the period of the proposed levy. Works would initially focus on the restoration of public land and the provision of passive recreation linkages but would ultimately be expanded to include environmental improvements on all land in the corridor, with the aim of providing a continuous corridor to the Hunter River in the longer term.
Other Projects for Specific Catchments
The $750,000 and $1 million per year levy proposals provide greater scope for Council to consider the rehabilitation of other catchments and sites. In these instances, Lochinvar Creek is recommended as an important site for rehabilitation along with specific sites nominated by the Greening Plan Coordinating Group during the preparation of the Greening Plan.
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ENVIRONMENTAL LEVY (Cont.) 4. General Environmental Initiatives
This section is in relation to the actual implementation of the levy. It is proposed that an Environmental Project Officer be appointed to oversee the implementation of levy projects, including the operation of the Reference Group, because Council does not have the capacity to implement all projects within existing staff levels.
The Project officer will have many functions, including advice and education on environmental matters and applications to seek matching grant funding from the state and federal government. The position will ensure that a reasonable level of expertise is available within Council and will maximise the positive outcomes arising from the levy. The amount of the levy proposed for this position has been limited to $70,000, including all on-costs associated with the Project Officer’s position.
The levy would generally be administered in conjunction with other functions of the Service Planning and Regulation Group, as detailed in Council’s annual management plans.
In the event that the $1 million per annum levy is introduced, a further allocation for coordination will be required and has therefore been included to increase Council’s capacity to successfully implement a broader range of projects.
In addition, given the need to support community initiatives, an allocation to support community groups is included with the $1 million per annum levy proposal.
Exhibition
It is recommended that Council proceed to exhibition of the proposed levy shown in Attachment 1 to this report. The exhibition should aim to raise the level of understanding of the key issues behind the need for the levy as well as ascertaining the community’s attitude to the levy itself.
The consultation is proposed to include an independent survey of community opinion. Initial enquiries with the firm responsible for Council’s annual community survey have indicated that a suitable survey can be devised to gain a representative sample of community opinion throughout the Maitland LGA.
It is recommended that the survey comprise a random sample of 400 residents by telephone, lasting seven to eight minutes per call. The research would be conducted by a fully trained and supervised survey team, and a report containing the full findings of the research would be prepared for the information of Council.
The survey can be undertaken within the timeframe required by Council for consideration of the levy in conjunction with this year’s Management Plan and the cost of the survey is able to be accommodated in this year’s strategic projects budget.
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ENVIRONMENTAL LEVY (Cont.)
In addition, Council staff would be active in bringing the levy to the attention of the community. This is proposed to be done through ads and press releases in local newspapers, displays at Council’s offices and at community libraries and via the internet. A community forum will be held for the Management Plan at which the levy proposal will be considered.
In conclusion, the survey and associated exhibition by Council is expected to provide an effective and cost efficient indication of community opinion in relation to the proposed levy and associated environmental issues. It is therefore recommended that the Levy be exhibited in the manner described above.
Submission to the Minister
Following exhibition of the proposed environmental levy, a report will be submitted back to Council with the results of the exhibition. Should Council wish to proceed with the levy at that time, a submission will need to be made to the Local Government Minister, seeking approval for the proposed levy. The Minister will consider public opinion on the matter and the case put by Council regarding the need for the levy.
Many Councils in NSW have already introduced an environmental levy. A few of the more longstanding levies are permanent. However, recent indications are that the Minister will require that any levy be for a fixed period only. A maximum of 5 years has been granted in recent times.
Therefore, despite the long-term nature of the proposals in the Greening Plan, a fixed period of 5 years is proposed for the environmental levy, with the intention that the levy be reviewed by Council and the Minister at the end of the 5 year period.
Special rate
As mentioned above, a special rate can only be implemented with the consent of the Minister for Local Government. The process involves the following:
a. A Special Rate will form part of the Draft Management Plan which is adopted by Council and placed on public exhibition for 28 days. b. During the public exhibition period, the community are invited to make submissions on the proposed special rate. Council may conduct a community meeting during this time to outline the special rate and how the special rate will benefit the area. c. Whilst the public exhibition period is being undertaken, an application will be made to the Minister for Local Government for the special rate. The Minister will not make a decision on the application until the exhibition has closed. d. Once the exhibition has closed, the Minister for Local Government will make a decision.
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ENVIRONMENTAL LEVY (Cont.)
In determining whether to apply for a special variation, it is essential that Council consider the effects of prevailing economic conditions. The Department of Local Government expect that applications will relate to significant initiatives of a specific nature, demonstrating broad community support and which cannot be funded by other means.
Where Ministerial approval is granted for a special variation it will be on the understanding that the Council will regularly provide specific details concerning expenditure and progress towards the completion of the project(s) associated with the variation to the Department of Local Government.
Amongst the issues to be considered by Council is the question of how the money will be raised. The financial affect of the environmental levy on rates has been calculated using the current distribution of the rate burden. There has been no allowance for the Minister’s permissible increase and therefore these figures may change slightly.
Calculations of the environmental levy have included works valued at $500K, $750K, and $1M. To raise an extra $500,000 would require an average rate increase of 2.9%, $750,000 would require an average rate increase of 4.4%, and $1,000,000 would require an average rate increase of 5.8%.
The increase for individual ratepayers will be determined by the rating category and their rateable land value. A table providing an indication of approximate rate increases for different categories and individual rates is included in Attachment 1.
Conclusion
The initiatives proposed in the environmental levy with this report are very important for the successful implementation of the Greening Plan. They provide for action on a range of environmental matters, above and beyond what Council could hope to achieve under current budgetary parameters.
The levy is presented as three separate options to enable community discussion on the total amount of the proposed levy. It is important that Council determine the level of community support for each option and not decide on the amount of the levy before exhibition. For this reason, there is no recommended total for the levy in this report.
The works proposed in the levy are aimed at providing for the restoration and long- term protection of areas of high conservation value. Works arising from the levy focus on areas which are most in need of attention and are distributed throughout the LGA. The initial focus of the levy is on the protection of bushland of high conservation value and value to the community. It is also intended to provide assistance to landowners given the high percentage of vegetation in private ownership in the Maitland LGA.
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ENVIRONMENTAL LEVY (Cont.)
The proposed implementation of the levy is intended to be transparent and accountable to the community. A Reference Group is proposed to be formed to regularly review the progress of individual projects. Funding for the levy would be administered independently of general Council revenue and Council would be accountable to the Minister for Local Government, as detailed in the report.
It is therefore recommended that the proposal for a levy in this report be placed on public exhibition as part of Council’s 2002/3 Management Plan and that an independent survey of community opinion in relation to the levy also be undertaken.
FINANCIAL IMPLICATIONS Council is unable to fund the proposed environmental works other than through the introduction of an environmental levy. The financial implications for Council and ratepayers as a result of the proposed environmental levy are detailed throughout this report.
POLICY IMPLICATIONS The proposed levy is in accordance with existing Council policy, most notably the Maitland Greening Plan, which was adopted by Council on 26 February 2002.
STATUTORY IMPLICATIONS The statutory implications in this report relate principally to the approval of the Minister for Local Government. A summary of the process of obtaining the Minister’s approval is detailed in the report.
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10.3.9 FLOOD CONFERENCE 2002
File No: 103/64
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Leanne Harris Environmental Strategist
EXECUTIVE SUMMARY This year, the annual Floodplain Management Authority Conference will be hosted by Kempsey Shire Council from 30th April to 3rd May 2002. This report recommends that Council determine if one (1) Councillor should be nominated to attend the conference on behalf of Maitland City Council.
OFFICER'S RECOMMENDATION THAT
Council resolve to nominate (1) Councillor to attend the annual Floodplain Management Conference over the 30th April to 3rd May 2002 in Kempsey
REPORT The NSW Floodplain Management Authorities were established over 40 years ago to promote sound and responsible floodplain management. Its 65 members include all local Council’s in NSW with significant flooding problems, the two flood mitigation County Councils and the Catchment Management Trusts. The Authorities are accepted by State and Federal Government agencies as representing the interests of floodplain communities in NSW and the local authorities responsible for managing the floodplains to reduce future flood losses.
The 42nd Conference will be held this year in Kempsey over the 30th April through to the 3rd May 2002. A conference programme is available from the Service Planning and Regulation Group for interested Councillors.
FINANCIAL IMPLICATIONS The cost of full registration to attend the conference is $600 per person with transport and accommodation costs extra. Funds are available within the Delegates Expenses Budget for one (1) Councillor to attend.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page 88 COUNCIL MEETING AGENDA 26 MARCH, 2002
FLOOD CONFERENCE 2002 (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.10 JOINT GRAFFITI ART PROJECT
File No: 29/31
Responsible Officer: Jean McBride Acting Manager, Cultural & Community Services
Author: Frances Holz Community Safety Officer
EXECUTIVE SUMMARY Council has been successful in its application to the NSW Attorney General’s Department (Crime Prevention Division) for a$14,953 grant under the Beat Graffiti Scheme to implement a youth art project in the Woodberry-Beresfield area. The ‘One Community Youth Art Project’ is a joint initiative between Maitland City Council and Newcastle City Council, with the two councils working together to plan and deliver the project for the benefit of their adjoining communities.
The One Community Youth Art Project has been in part modelled on the successful ‘Aerosol Art 2001 – a youth odyssey’ project, stage 1 of which was run at Maitland Skate Park in October. An aerosol art program planned for the Fred Harvey Sports Complex at Woodberry, and adopted by Maitland City Council in January, can be incorporated into the broader One Community project.
Although this is a partnership project with Newcastle City Council, the grant application was submitted by Maitland City Council and it is therefore necessary for this Council to accept the Beat Graffiti Scheme funds.
OFFICER'S RECOMMENDATION THAT:
1. That Maitland City Council accept the $14,953 One Community Youth Art Project grant from the NSW Attorney General’s Department, in accordance with the department’s standard conditions.
REPORT A lack of youth programs and activities in the Woodberry-Beresfield area has been identified via a number of forums, including a joint community consultation conducted by crime prevention staff from both Maitland and Newcastle Councils.
Page 90 COUNCIL MEETING AGENDA 26 MARCH, 2002
JOINT GRAFFITI ART PROJECT (Cont.)
Community services staff from Maitland and Newcastle met last year to discuss youth issues common to both councils, and to formulate an application for funding under the Beat Graffiti Scheme for the One Community Youth Art Project. Formal notification of the application’s success was received late last month.
Graffiti vandalism is an ongoing problem in the Woodberry area. Council resolved at its meeting in January to support the development of an aerosol art program centred on the Fred Harvey Sports Complex in an bid to manage graffiti on the amenities buildings.
This Recreation Services program was to be in part modelled on the Aerosol Art 2001 – a youth odyssey project, which was run by the Council at Maitland Skate Park last September and October. It was also hoped to utilise the skills of local aerosol artists who attended the September workshops, and who were identified and encouraged then to become informal mentors for future programs.
It is envisaged that the Recreation Services program will be incorporated into the broader One Community project.
Like Aerosol Art, the One Community Youth Art Project will be conducted in two (2) stages incorporating workshops to teach art/aerosol skills and legal responsibilities. It will also adopt a mentor/trainee model to mentor emerging local artists, and will involve spraying art works on identified legal walls.
Maitland City Council will administer the project, which will be directed by a reference group comprising representatives from both councils as well as the local communities. The project will be primarily funded by the Beat Graffiti Scheme grant with in-kind contributions and supplementary funding from each council, and from within current budget allocations. The project is in line with identified objectives and strategies in the Maitland Community Crime Prevention Plan and the Maitland Social Plan.
FINANCIAL IMPLICATIONS The One Community Youth Art Project would be primarily funded from external sources, with supplementary funds contributed from within Council’s current budget allocations, including $2,000 from Recreation Services.
POLICY IMPLICATIONS There are no policy implications.
STATUTORY IMPLICATIONS There are no statutory implications.
Page 91 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.11 MAITLAND ACCESS ADVISORY PANEL CONSTITUTION REVIEW
File No: 29/19
Attachments: (3) Constitution - Updated 15/10/99 Constitution - Reviewed 05/02/02 Constitution - Code of Conduct Policy Statement
Responsible Officer: Jean McBride Acting Manager Cultural and Community Services
Author: Mary Dallow Disability Project Officer
EXECUTIVE SUMMARY This report presents Council with the updated version of the Maitland Access Advisory Panel Constitution and attachments.
OFFICER'S RECOMMENDATION
THAT:
1. The revised Maitland Access Advisory Panel (MAAP) Constitution be adopted by Council.
REPORT Background
In October last year while preparing for the Annual General Meeting, it became apparent that the current Constitution lacked guidance on the selection of Community members. The constitution also lacked provision for public access to the MAAP.
Changes to the Constitution
The following amendments have been added to address the aforementioned deficits.
Page 92 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND ACCESS ADVISORY PANEL CONSTITUTION REVIEW (Cont.)
• Part 4 MEMBERSHIP OF THE PANEL
4.1 The Panel members shall consist of two (2) Councillors, the General Manager of Maitland City Council or his or her nominee and up to eight (8) community members selected by public nomination. Eligible community members include people with a disability, personal advocates of these people and representatives of community organisation’s. Applications need to be supported by two (2) referees. References shall be checked by the panel. The panel would call on others including Council Officers in an advisory capacity.
• Part 9 PUBLIC ACCESS
9.1 Members of the public can access the panel when required.
9.2 A person wishing to address the panel should notify the Chairperson or Secretary at least 10 days prior to the next panel meeting.
9.3 The application to speak at Public Access must, where possible clearly indicate the Item of the Agenda that the member of the public wishes to address.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS If adopted, the attached Maitland Access Advisory Panel Constitution will be policy of Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 93 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.12 FOOD BUSINESS NOTIFICATION
File No: 150/2
Responsible Officer: David Simm Manager Environmental Programs
Author: Juliet Kauter Environmental Health Officer
EXECUTIVE SUMMARY This report provides information on the requirements for food businesses under Standard 3.2.2 of the Food Regulation 2001, to notify certain details to the appropriate enforcement agency. The appropriate enforcement agency in this instance is NSW councils or NSW Health.
The notification database will provide councils and other government bodies with contact details and other specific food business details, which will assist authorities, investigate food poisoning outbreaks, and trace product recalls.
NSW Health has developed a State Internet database for food business notification data. NSW councils are required to make a decision as to whether they will or will not take part in entering data on the State Internet database.
OFFICER'S RECOMMENDATION THAT:
1. Council respond to the Director General of NSW Health, advising that for businesses who choose to notify via Council, that Council will accept and enter food business notification data on the Internet database;
2. Council advertise the fees and charges associated with notification, in accordance with Section 612 of the Local Government Act, 1993 for a period of 28 days; and
3. Council seek available funding from the Local Government and Shires Association to support this new function.
REPORT The Food Safety Standards set out a framework for controlling potential threats to food safety. Under Standard 3.2.2 all food businesses will be required to notify certain details to the relevant authority. These details include the proprietor’s name and address, the nature of the food business, and the location of all food premises used by the business.
Page 94 COUNCIL MEETING AGENDA 26 MARCH, 2002
FOOD BUSINESS NOTIFICATION (Cont.) The notification database will provide councils and other government bodies with contact details and other specific food business details, which will assist authorities, investigate food poisoning outbreaks, and trace product recalls.
The notification requirements began on February 24, 2002 for new businesses and existing businesses will have a further three months to comply. NSW Health has developed a state wide Internet database system to manage the notification process. The notification Internet system provides the means for businesses to enter the required information themselves on line. For the first 12 months it will be free for businesses to notify on line. The option is also given to businesses to notify via a written application, which would require some data entry into the database system by councils or NSW Health.
Discussions between NSW Health and the Local Government and Shires Association have resulted in an agreement in principle that local government has an important role to play in the process of notification of food businesses.
NSW Health is providing councils with an option to take part in the entry of notification data on the database system. An arrangement between the Director General and Council is required if Maitland City Council are to be involved in this role.
An amendment to the Food Regulation 2001 is to be gazetted to enable councils to levy a fee for any written notification received from businesses. The fee, to be based on cost recovery, will set a maximum one off fee of $50 to be charged to each business. For larger businesses (>5 premises) a $10 per premises fee may also be charged. Councils will be entitled to charge this fee for entering the business data on the Internet from the hard copy forms that are lodged by businesses.
NSW Health propose to offer the following assistance to councils for the implementation of the notification system:
A publicity campaign for food businesses to be made aware of the new requirements; and Training for database users.
The Local Government and Shires Association (LGSA) propose to provide funding to councils on a population basis. Maitland Council is likely to be provided with approximately $3,000.00.
The funding may be used for the following purposes:
Casual/ temporary staff data entry; Computer equipment upgrades; Non routine efforts to recruit new businesses to register (by Environmental Health Officers); Staff training time and costs; and Additional copying and phone costs.
Page 95 COUNCIL MEETING AGENDA 26 MARCH, 2002
FOOD BUSINESS NOTIFICATION (Cont.) FINANCIAL IMPLICATIONS The notification procedure will place additional pressures on Council’s administration support officers, however funding is available for NSW Councils to use to manage the notification role. Council is likely to receive approximately $3000.00 for costs associated in implementing and managing the notification database.
In addition, Council will receive a minimum of $50 per notification they add to the Internet database. This is a one off fee, as updates to the details of a particular business do not incur further costs to the proprietor.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS If Council resolves to take part in accepting notification forms and entering the data on the Internet database, Council is required under Section 405 and 612 of the Local Government Act, 1993 to advertise the notification fees for a period of 28 days.
Page 96 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.13 KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM
File No: 83/3
Responsible Officer: David Simm Manager Environmental Programs
Author: Juliet Kauter Environmental Health Officer
EXECUTIVE SUMMARY Keep Australia Beautiful (KAB) has approached Council with an invitation to take part in a relatively new program titled ‘Action Stations’.
Action Stations is a community initiative that provides local communities, businesses and councils with the opportunity to work together to improve City Rail stations and enhance the local environment.
KAB has identified Maitland Station as an appropriate station to take part in the Action Stations Program.
OFFICER'S RECOMMENDATION THAT:
1. Council take part in KAB’s Action Stations Program.
2. Council seek involvement from community groups such as Steamfest and local schools’ to assist with clean up, maintenance and planting days.
3. Council work within the confines of KAB’s budget and aim for undertaking stage one works prior to the end of the 2001/ 2002 financial period.
REPORT Action Stations is a new program delivered by KAB, designed to improve and beautify the appearance of rail stations and surrounding areas. Action Stations aims to foster community support for and participation in environmental improvement projects through a partnership between KAB, Countrylink, local councils and participating community groups.
The overall aim of Action Stations is to provide opportunities and support for local communities and councils to work in partnership to beautify and enhance the environment of local railway stations.
The benefits of the Action Stations program include:
A reduction in litter and illegal waste deposits in and around Maitland Station;
Page 97 COUNCIL MEETING AGENDA 26 MARCH, 2002
KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM (Cont.) A measurable improvement in the cleanliness and the quality of the local environment; Increased profile for community groups and other organisations involved in Action Stations; Greater community involvement, ownership and pride; A co-operative approach to environmental problems by creating partnerships between local authorities and communities; Increased media opportunities to promote local environmental issues to the public; and Strengthened links between Council and Countrylink.
Maitland Station is owned by City Rail and the car park and surrounds by Council. Both the station and the surrounds are within the heritage conservation area. The area owned by City Rail is heritage listed therefore any signage and landscaping are subject to an integrated development application. For this reason and time constraints, KAB are proposing to undertake landscaping works on City Rail land in future stages of the program.
Stage one of the program will focus on litter collection, planting and maintenance works on Council owned land in the area of the station car park. Plantings will be in keeping with the theme developed for the Maitland CBD and undertaken within the garden beds on the southern perimeter of the car park.
For budget reasons, KAB are requesting that if Council consents to taking part in the program that Council work with them to ensure that stage one works are undertaken prior to the end of the current financial period.
The Hunter Valley Steamfest panel have been identified as a perfect community group for taking part in this venture. The Group have been approached in order to seek their interest and support for the venture. The Group has indicated that with Council’s support for the program that they will be interested in taking part in the venture.
The Action Stations program qualifies for entry in KAB’s 2002 Tidy Towns Program.
BACKGROUND Established in 1976, the KAB Council (NSW) is New South Wales’ longest standing service organisation helping people to take responsibility for their community environment.
KAB’s programs motivate people from primary school age through to the elderly, to enhance the quality of their environment through personal initiative and community action. Litter abatement, resource conservation, reafforestation, land care, general beautification and increased environmental awareness are the natural outcomes of KAB’s programs. Social outcomes include good citizenship, pride and empowerment.
Page 98 COUNCIL MEETING AGENDA 26 MARCH, 2002
KEEP AUSTRALIA BEAUTIFUL ACTION STATIONS PROGRAM (Cont.)
Through a broad network of local governments, businesses, community groups and committed individuals, KAB involves a state-wide network of volunteers working to deliver better resource management, beautification and preservation of the environment.
KAB’s core programs Tidy Towns, Metropride and Waste Watchers are competitive based programs that motivate and recognise community commitment and resourcefulness in making a positive difference to the environment.
FINANCIAL IMPLICATIONS KAB is proposing to financially assist with the following costs for stage one of the program: provision of signage, plants, public liability insurance for volunteers and costs associated with the launch.
KAB have asked Council to agree to covering the costs associated with the removal of waste associated with the program, provide gloves, litter bags and sharps containers, and to assist with the provision of materials used on Council owned land such as mulch. Council’s Tidy Towns budget may cover the costs associated with the provision of material such as mulch. The provision of Council’s left over Clean Up Australia Day material will minimise costs to Council.
KAB are proposing to provide additional resources for stage two projects in the 2002/ 2003 financial period. Resources may include the costs associated with heritage impact studies and integrated development application fees.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS This matter has no specific statutory Implications for Council.
Page 99 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.14 CLEAN UP AUSTRALIA DAY 2002
File No: 61/6
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Tim Crosdale Trainee Environmental Health and Building Surveyor
EXECUTIVE SUMMARY Maitland City Council co-ordinated a successful Clean up Australia Day campaign in Maitland on Sunday, 3 march 2002. Council has been involved with the program since 1990.
A total of twenty six (26) sites were registered with approximately 2000 volunteers participating in the clean up. Local Schools, Service Groups and businesses supervised the sites.
In addition to this, Council staff and local businesses participated in a Hunter riverbank clean up to launch Maitland’s clean up campaign on 11 February 2002. The clean up coincided with a visit from the founder of Clean up Australia Day, Ian Keirnan AO.
Over 6 tonnes of rubbish was collected from the clean up sites in Maitland. A large proportion of the waste, by volume, was made up of drink containers, food wrappers, cigarette butts and green waste.
OFFICER'S RECOMMENDATION THAT Council continue to co-ordinate and support the Clean up Australia Day program in Maitland and Council congratulates all sponsors and participants for their efforts in cleaning up the Maitland Local Government Area.
REPORT Clean Up Australia Day is a national event that occurs annually on the first Sunday in March. It is a community event that was founded in 1989 to clean up litter and other dumped material from the local environment.
The program aims to: • educate the community of the need to clean up the Australian environment; • educate the community in sustainable environmental practices and encourage all individuals to take responsibility for environmental problems and solutions;
Page 100 COUNCIL MEETING AGENDA 26 MARCH, 2002
CLEAN UP AUSTRALIA DAY 2002 (Cont.) • organise a national clean up that demonstrates that all Australians can help rid our roadsides, bushland, parks and waterways of unsightly and potentially damaging rubbish; and • develop partnerships with government bodies, industry and the community to identify and rectify problems.
A total of twenty six (26) sites were registered with approximately 2 000 volunteers participating in the clean up. Local Schools, Service groups and businesses supervised the sites and Council provided co-ordination of clean up materials, advertising and rubbish collection.
In addition to this, Council staff and local businesses participated in a Hunter riverbank clean up to launch Maitland’s Clean Up campaign on 11 February 2002. The clean up coincided with a visit from the founder of Clean up Australia Day, Ian Keirnan AO. Over fifteen (15) volunteers were involved in the clean up between the Belmore Bridge and the Colonial Centre, which resulted in eighteen (18) bags of rubbish and one (1) trolley being removed from the area.
Over 6 tonnes of rubbish was collected from the clean up sites in Maitland. A large proportion of this waste, by volume, were drink containers, food wrappers, cigarette butts and green waste. Additional waste collected by individuals was not included in this total as it was included in normal garbage services.
Resource NSW and Rutherford McDonalds made donations to Maitland’s Clean Up Australia Day campaign in the form of ‘environmentally friendly’ cleaning products and vouchers. These donations were awarded to people participating in the clean up.
All site co-ordinators / organisations and sponsors have received a certificate of appreciation for their assistance in making this years Clean Up Australia Day successful.
FINANCIAL IMPLICATIONS The cost of the program is contained within the current budgetary allocation.
POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
Page 101 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.15 PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE
File No: 222/495
Attachments: (1) Petition Locality Plan
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY Council has received a petition bearing 27 signatures from residents of Rutherford Park Estate, Rutherford wishing to express their concerns regarding the use of motorbikes and other vehicles on privately and Council owned land off Regiment Road, Rutherford. The residents also raised concern about other issues of a social nature.
Council officers undertook an inspection of the area on 20 February. The inspection occurred to inspect the extent of the problem in the area and determine what (if any) action Council was able to take to improve the area.
OFFICER'S RECOMMENDATION THAT:
1. The petition regarding the use of motorbikes and other vehicles using land off Regiment Road, Rutherford be noted for Council’s information;
2. Council act within its jurisdictional powers under the Protection of the Environment Operations Act, 1997, in respect to relevant matters contained within the petition;
3. Council arrange for a joint meeting with the local Police and the landowner to discuss long-term solutions to the issues raised in the petition.
REPORT A petition was submitted to Council on 26 November 2001 containing 27 signatures from residents of Rutherford Park Estate, Rutherford. The petition was supported by a detailed submission, outlining the concerns of residents including:
Page 102 COUNCIL MEETING AGENDA 26 MARCH, 2002
PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE (Cont.) “We, the signatories to the attached petition, being residents of Rutherford Park Estate, hereby voice our concern, anguish and annoyance over the continued abuse of property and neighbourhood rights of ourselves and others by the ongoing riding of motorcycles, many of them unregistered, up and down Regiment Road between the Reserve and Wollombi Road and up through the vacant blocks adjacent to 162 Regiment Road including the Reserve itself. This occurs at any time of the day and night…through the bushland which is the property of greater Newcastle Land Developments Pty Limited and part of which is a designated Public Reserve unde r the control of the local Council.”
“We also call on Council to erect effective barriers to block the use of tracks created by vehicles from the Reserve end of Regiment road to the other end of Regiment Road and up through the bush to Brigantine Street and adjoining streets…”
The specific concerns include:
1. The threat of injury thru the use of vehicles on the public streets, on footpaths, and in the surrounding land; 2. Anti-social behaviour by some persons in the area; 3. The disruption of the peaceful lifestyle; and 4. The effect of these activities on property values.
The petition was also forwarded to State and Federal Members, NSW Police Service and Premier Land Sales, seeking a response to the issues raised.
The majority of the land in question is zoned 2(a) for future residential development. There are currently no applications before Council to subdivide the land.
As a result of the petition, previous complaints and subsequent inspection of the land, a number of issues, raised in the petition, that are most directly related to Councils operations, are discussed below:
Barriers The land subject of the petition is over 15.45 Ha in size with only 2359 square metres being in Council ownership (see attached mapped). There are at least twelve (12) access points to the area and attempts have been made in the past to barricade the main areas of concern. These obstacles have been overcome by them being removed or new tracks being made around them.
It would not be feasible to provide effective barriers or fencing to the entire area. There is also the possibility that taking such action in limited areas i.e. Regiment Road, will displace unauthorised vehicular entry and access to other access points and require additional barriers. However, the placement of barriers at some access points may not be viable.
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PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE (Cont.) Signposting The erection of signs on the land owned by Council property may provide some deterrent to persons using the land, however this is only a very small portion of the land and is likely to be ignored. Council has made previous recommendations to the property owner of the remainder of the site to install appropriate signs, but there are currently only ‘No Dumping’ signs on the site.
Enforcement The majority of the land is privately owned and therefore Council Rangers are unable to lawfully patrol the area pursuant to the Local Government Act, 1993. However there are provisions within the Protection of the Environment Operations Act, 1997 to address ‘offensive noise’ from motor vehicles on land other than roads (s14, POEO (Noise Control) Regulation, 2000).
The legislation allows authorised officers (both Council Officers and Police Officers) to issue ‘Noise Abatement Directions’ (Direction) when offensive noise has occurred to either the person causing the noise or the owner of the land. Given the nature of the site, it would be most appropriate to take action against the person causing the noise.
In order to take action, an authorised officer needs to be present at the time of the offence to properly determine the ‘offensiveness’ of the noise. Any action will therefore depend on a) residents notifying Council and/or the Police as soon as the offence occurs and b) the ability of Council, or the Police, to respond within an appropriate timeframe to make an assessment of the noise and obtain details of the persons to issue the direction to. The response time will depend on the workload at the time, which is highly variable.
It is important to note that any Direction that may be issued is only in force for twenty- eight (28) days after issue, therefore long-term solutions to the problems are required.
Powers regarding the use of motor vehicles on roads is in the hands of the Police Department.
Liaison Given the nature of the problems being experienced in the area, appropriate liaison with local police and the property owner is required to attempt to address some of the relevant issues in the long-term.
BACKGROUND Maitland City Council has been addressing issues with the management of this land with the owners on an ongoing basis. The majority of the concerns have been regarding overgrown grass and these matters have been dealt with.
FINANCIAL IMPLICATIONS There are no specific financial implications as a result of this report.
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PETITION REGARDING USE OF MOTORCYCLES ON PRIVATE AND PUBLIC LAND SUBMITTED BY RESIDENTS OF RUTHERFORD PARK ESTATE (Cont.) POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
Page 105 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.16 UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA FOR THE STEAMFEST COMMITTEE - NEW ENGLAND HWY, MAITLAND
File No: 103/64
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: David Simm Manager Environmental Programs
EXECUTIVE SUMMARY This report provides an update of preliminary findings into the feasibility of establishing, constructing and maintaining a rally site for Hunter Valley Steamfest and its strategic partners on land owned by Council between Maitland Railway Station and Trezinski Bridge.
This investigation has been undertaken as a result of a decision of Council at its meeting of the 23.10.01 following consideration of a notice of motion submitted by Councillor Garnham.
OFFICER'S RECOMMENDATION THAT
1. Council give in principle support to the investigation of access.
2. Council note funding to progress the establishment of this site is listed for consideration in the draft 2002/03 Management Plan.
REPORT The proposal under investigation is to prepare the site, owned by Council, for the purpose of providing an area of land on which large steam driven machinery can be displayed and worked for the benefit of the public attending Maitland’s popular Steamfest event. The land has been suggested as being suitable for this purpose given its relationship to the traditional siting of the event, its high visibility frontage to the New England Hwy and the Main Northern Rail line and the desire to visually improve this gateway site.
In concept it is envisaged that four distinct areas could be created on the site, which would allow for the static and working display of machinery associated with the annual festival. Each area could be created by simple clearing, reshaping and placement of suitable material that will allow the use of steam driven machinery in an environment that causes little damage to existing road infrastructure whilst showcasing their unique purpose in a highly visible and practical way. The four areas naturally lend themselves as a result of existing natural watercourses on site and Page 106 COUNCIL MEETING AGENDA 26 MARCH, 2002
UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA NEW ENGLAND HWY,MAITLAND (Cont.) allow for the visual delineation of the natural formation of the site with little physical disturbance. Further opportunity exists to enhance the visual amenity of this high profile site-by-landscape improvements, including artificial wetlands, low-density plantings and regular site cleaning and maintenance.
However, the land brings with it a number of development constraints that make such a proposal more complicated. It is these matters that have been identified and initially investigated to determine the viability of further consideration of the land for the intended purpose.
Council owns the land as previously indicated. It is zoned 1(a) Prime Rural Land under Maitland Local Environmental Plan 1993. Development of a recreation area as defined is permissible with consent. The property also falls within the Proclaimed Floodway. Natural watercourses and easements traverse the site for the purposes of gas, water, sewer, power and telecommunications. The site has frontage to the New England Hwy to the south and the Main Northern Railway to the north. Whilst not land locked vehicular access to the site is prohibited from the highway and hence this becomes a constraint on its functionality for development.
In investigating this idea initial comments have been sought in relation to some of the identified constraints. Council should be aware that at this stage all comments have been based on simple concept ideas and that all responses to date are indicative only. Any formalised agreements or approvals that may be required can only be properly considered and determined on preparing and lodgement of a formal Development Application.
For the purposes of this report the following comments have been obtained.
FLOODING
Preliminary concept plans and information were considered by the Floodplain Management Committee on the 1.2.02.Comments from this meeting were as follows
“The general consensus of the committee was:
1 The proposal would be considered acceptable if the finished ground level of the hard stand area was the same as the existing ground level and provided that there was no interference with the operation/maintenance of the existing flood gates across the railway line adjacent to the site (this will therefore necessitate excavation of the site prior to construction of the hardstand area)
2 If the proposal was to entail only importation of fill to create the hardstand and hence the ground level was to be higher than existing, hydraulic modelling of the site would be required.”
Page 107 COUNCIL MEETING AGENDA 26 MARCH, 2002
UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA NEW ENGLAND HWY,MAITLAND (Cont.) COMMENT
The construction of a hardstand area is integral to the concept being proposed. It is the desire of Steamfest to have suitable areas to work the various steam driven implements. At present many of the machines cannot be operated as they cause significant damage to the road pavements due to their design and their original use and purpose. It is however not necessary that the hardstand areas be built up above natural ground levels and in fact it was always proposed that the construction of the dedicated areas would be undertaken using the machines that would eventually be on display. If that necessitates the excavation of natural materials before placement of inert hard fill then this can be accommodated as part of the voluntary work of the Steamfest partners.
ACCESS and TRAFFIC MATTERS
Councils Infrastructure Planning Engineer has provided the following comments and guidance on these matters.
1 Any proposal will require referral to the RTA and to the Local Traffic Committee.
2 There will be traffic issues associated with the position of the access including: A: Proximity and effect on highway roundabout vehicle movements with regard to vehicles entering the site from the New England Highway B: Right turn movements on entry and exit to the facility from Church Street are a hazard. C: Provision for safe pedestrian movements to the area. There is no pedestrian path on the western side of the railway bridge and all visitors to the site from the Maitland side would have to cross Church Street between the bridge and the highway D: I assume the Steamfest vehicles are unregistered and would be transported by means ranging from car trailer to semi trailers. Any access would have to be constructed to allow the turning movements to cater for this range of vehicle.
3 Parking for visitors would be an issue with the possibility of vehicles being parked adjacent to the New England Highway.
4 Some construction issues that should be considered are A: The difference in level between Church Street and the hardstand area at this location is in excess of 8 meters and considerable earthworks would be required to construct an access road. B: The road batters would have to be maintainable (say 4:1) which will result in a wide road formation C: The road access, connection to Church Street and internal roads would have to be designed to cater for the size of vehicle associated with the activities proposed. D: Flooding impact
Page 108 COUNCIL MEETING AGENDA 26 MARCH, 2002
UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA NEW ENGLAND HWY,MAITLAND (Cont.) 5 Consideration should be given to the possibility that if a facility is constructed at this location it will attract users other than Steamfest and result in a increased traffic and road safety impact.”
COMMENT
The matters raised in respect to traffic and access are issues that have a considerable bearing on this proposal. Some of the machinery that it is anticipated will use the site would need to be transported to the venue and unloaded. Whilst it is normal for the access to central Maitland to be closed off during Steamfest such road closure would need to be properly coordinated in respect to the timing of machine delivery. It is not reasonable to expect that road closure can be affected earlier than it is currently without significant inconvenience to other central Maitland residents or patrons. The alternative access off the Highway in not considered to be acceptable to the RTA, albeit the question has not been formally put at this stage. It is probable that a traffic study may be called for as part of seeking formal approval.
OTHER CONSIDERATIONS
To advance this proposal further it will be necessary to develop and prepare a formal Development Application for consideration. In this respect, fully documented plans and statements of environmental effect will be necessary. Matters of further consideration include potential flora and fauna impact, proximity of site to designated wetlands, and determination as to whether the proposal constitutes integrated development for the purposes of the Environmental Planning and Assessment Act. Matters of environmental protection in respect to air, water and noise, operational management and on going maintenance of the site, together with other prescribed heads of consideration under the E P and A Act all must be addressed as part of the development assessment process.
In considering whether alternative options exist a review of Councils property register has been undertaken. Whilst there is land to the North of this site that would meet some of the needs of the Committee, particularly in terms of proximity to the event, none has been found to be in Council ownership or suitably available.
The proposal to establish this site has merit on a number of fronts. It clearly provides a parcel of land large enough for the activities envisaged by the proponents. It is highly visible, ideally located and would allow the Steamfest event to showcase a larger range of traditional machinery and implements. The idea also would provide impetus to the clearing and beautification of this gateway site of Maitland.
Notwithstanding that, it is not possible for Council to consent to this activity without assessing a properly prepared Development Application that identifies, characterises and resolves the significant matters that unfortunately constrain the usefulness of this site for any permitted development.
Page 109 COUNCIL MEETING AGENDA 26 MARCH, 2002
UPDATE ON PRELIMINARY INVESTIGATIONS INTO THE ESTABLISHMENT OF A HARDSTAND DISPLAY AREA NEW ENGLAND HWY,MAITLAND (Cont.) FINANCIAL IMPLICATIONS Whilst significant voluntary man-hours, and equipment is on offer for this project, costs will be incurred in the approval process, material supply and testing, environmental protection measures and on going maintenance of the site. No budget vote currently exists, however it is anticipated that some funding consideration will be submitted as part of the 2002/03 Management Plan deliberations
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 110 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.17 F3 EXTENSION FROM SEAHAMPTON TO BRANXTON
File No: 122/SH9/18
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: Warwick Randall Manager Assets & Infrastructure Planning
EXECUTIVE SUMMARY The purpose of this report is to present the current status of the proposed highway link from the F3 Freeway at Seahampton to Branxton.
OFFICER'S RECOMMENDATION THAT:
1. Council note the information in the report, and
2. Council seek the support of the Member for Paterson, the Honourable Bob Baldwin for allocation of funding to:
a) As the first priority, complete designs and construction of the Weakleys Drive Interchange, and
b) As the second priority, complete preconstruction activities for, and construction of the proposed highway link from the F3 Freeway at Seahampton to Branxton in the next Federal Government budget.
BACKGROUND The Environmental Impact Statement (EIS) for the Proposed Highway Link from F3 Freeway to Branxton was placed on public exhibition from August 2, 1995 to September 29, 1995. A number of modifications were made to the proposal as a result of representations made in response to the EIS exhibition and other information, which became available since the exhibition.
These modifications were documented in a “Preferred Activity Report”, which summarises and justifies the differences between the current proposed activity and the activity described in the EIS. This “Preferred Activity Report” was available for reference from October 15 to October 20, 2001.
A copy of the locality plan for the “Proposed Highway Link F3 Freeway to Branxton is on display in the Council chambers at the this Council meeting.
REPORT ORIGINAL EIS PROPOSAL
Page 111 COUNCIL MEETING AGENDA 26 MARCH, 2002
F3 EXTENSION FROM SEAHAMPTON TO BRANXTON (Cont.) The original EIS proposal involves the construction of a 39.5 km four-lane dual carriageway highway from the F3 freeway east of Seahampton to the New England Highway at Black Creek west of Branxton.
Land acquisition would be required for the entire length of the route as there is no existing reservation. Any future requirements for additional lane capacity would be from the median. A concept design was not completed at the stage of determining the EIS with a result that details of land acquisition could not be determined at that stage.
The existing grade-separated interchange at the intersection of the Newcastle Link road and the F3 freeway north of Seahampton was proposed to be modified to accommodate the connection of the proposed highway. Two full interchanges were proposed provided at John Renshaw Drive and MR 195 (Cessnock Road) near Kurri Kurri Meatworks, with half interchanges provided for Hart Road and Allandale Road.
An interim connection to Greta during the construction phase was proposed, with the connection to be removed on completion.
PLANNING CONSENT FOR THE PROJECT
On 7 November 2001 the State Minister for Urban Affairs and Planning granted conditional approval to the construction of the Highway link from the F3 Freeway at Seahampton to Branxton.
The conditional approval included 129 conditions, which can be viewed in the documents on display in Council.
The full set of documentation was advertised and placed on display for public information at a number of locations, including Council offices, during November and December 2001.
MODIFICATIONS
In the period after the initial EIS development, and as a result of the approval process, a number of modifications are proposed to the EIS. The most significant of these is as follows:
• Substantial horizontal alignment change (Allandale to Illalong 27km – 32 km) – new alignment has significantly less impact on proposed Greta Camp tourist development, although additional property and flora and fauna impact. • Minor horizontal alignment changes: • In the Surveyors Creek area south of John Renshaw Drive (7.5 km – 9.0 km) – reduced impact on ridge top vegetation • Hart Road towards Sawyers Gully (16.6 km – 19.6 km) – reduced impact on Kurri Sand Swamp Woodland between Hart Road and smelter property • North of Old Maitland Road towards Allandale (21.9 km – 23.9 km) – impacts on property owner not previously affected, leading to additional acquisition costs partially offset by savings in route length and construction costs.
Page 112 COUNCIL MEETING AGENDA 26 MARCH, 2002
F3 EXTENSION FROM SEAHAMPTON TO BRANXTON (Cont.) • North of Illalong towards Branxton (33 km – 36 km) – minimizes the amount of land between proposed road and existing railway alignment would facilitate a reduction in expected native vegetation clearing. • Minor vertical alignment changes (general) – route alignment now more blended into the natural surface along the route to reduce overall earthworks quantities and visual impact in key areas – reduction in “footprint“ width would mitigate impacts on native vegetation. • Provision for a cut and cover tunnel rather than an overbridge at Stockrington Road – substantially reduces road footprint and potential scarring and facilitates more natural fauna movement across the highway. • Reconfiguration of Buchanan Road from an underpass to an overpass– increased visual exposure for localised section of Buchanan Road is diminished by reduced height of main highway embankment across Wallis Creek over a distance of 1.5 km. • Changes to batter slopes and berm configurations – all cut and fill batters previously set at 2H:1V, now series of rock cuttings have batters up to 0.5H:1V in deeper cuttings and 0.75H:1V in intermediate cuttings to provide a general reduction in the road footprint over the road length resulting in reduced flora and fauna impacts, significant reductions in vegetation clearing and potential scarring. • Additional property impacts/acquisition requirements at 5 properties – approximately 47 properties impacted, additional 5 properties (one subsequently acquired by RTA in full), – RTA advises all outstanding negotiations proceeding amicably. • A more definitive noise strategy – reduced operational noise impacts on residents, particularly in the built-up and higher density areas.
DISCUSSION
There is no change to the level of access to the Highway link for residents of Maitland LGA, with interchanges at the following locations:
• Full interchange at Buchanan Road. • Full interchange at Buchanan Road. • Allandale Road – partial interchange with access ramps for movements to and from the south-east. • Greta connection comprising a two lane single carriageway joining the route at chainage 33.0 km (providing southbound on load and northbound off load). This is an enhancement as the original proposal provided an interim connection to Greta during the construction phase which was to be removed on completion; and
Of particular note in the Minister for Urban Affairs and Planning’s approval is Condition 2 which states
“This approval relates to the construction of the proposal in its entirety”.
Page 113 COUNCIL MEETING AGENDA 26 MARCH, 2002
F3 EXTENSION FROM SEAHAMPTON TO BRANXTON (Cont.)
Should the Federal Government require construction in stages, with resultant temporary connections, the EIS would have to be redrafted and resubmitted. This is due to recognition that such interim connections would have potential major impacts on traffic flows, particularly on Cessnock City Council State and Local Roads, such as MR 588 John Renshaw Drive, MR 195, Lovedale Road and MR 220.
FUTURE STEPS
The RTA are in the process of commissioning the additional flora, fauna and archaeological studies required by the conditional approval, and anticipate commencing them in the near future.
Beyond this there are no further funds allocated to the project. The estimate for preconstruction activities including land acquisition and utility adjustments is $36.4 million, and the estimated total project cost is $332 million.
The shortest time frame for progression of each phase of the project is 2 to 3 years for preconstruction, and 4 years for construction of the project in its entirety (ie not staged).
Council has also resolved in its March 2001 meeting that it:
“forward correspondence to the Federal and State Governments through the local members of Parliament, bringing their attention to the increasing impact of the New England Highway Traffic on the residents from East Maitland to Rutherford, and seeking a commitment to the construction of the Weakleys Drive Interchange firstly and then the F3 highway extension.”
Since that time the traffic situation has progressively become worse on the highway, especially in the vicinity of the Weakleys Drive intersection, with backups of traffic frequently extending along the highway for distances of up to half a kilometre on either side of the grouping of intersections in this area in the a.m. and p.m. peaks.
RECOMMENDATION
As the project is entirely federally funded, it is recommended that Council approach the local member for Paterson , the Honourable Bob Baldwin to seek his support for urgent allocation of funds for the preconstruction phase of the project, and commitment of funds for the construction of the project following immediately on from this, in the Federal budget for 2002/03.
Council should also reiterate its previously stated desire to have funding for design and construction of the Weakleys Drive interchange allocated as the first priority for this area ahead of the commencement of the Highway link from the F3 to Branxton.
FINANCIAL IMPLICATIONS This report has no financial implication in relation to the current budget.
Page 114 COUNCIL MEETING AGENDA 26 MARCH, 2002
F3 EXTENSION FROM SEAHAMPTON TO BRANXTON (Cont.) POLICY IMPLICATIONS This report has no policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications associated with the Local Government Act arising out of this report.
Page 115 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.18 SCHOOLS ENVIRONMENT PROGRAM REVIEW
File No: 55/5
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY The Schools Environment Program has been in operation for a number of years. The program has largely focussed on annual awards to schools for their achievements in promoting environmental education and action.
A review of the program was commissioned late last year. The report recommends a number of changes to the program that offer significant benefits to Council including: • An increase in the level of school participation; • More effective and efficient address of the needs of local schools; • Extension of the achievements of the program; • Establishing Council as a leading example of local government support for environmental education • Visible and practical contribution towards the implementation of the principles of Ecologically Sustainable Development (ESD).
This report recommends amending the annual ‘Awards’ component of the Schools Environmental Program to biennial ‘Showcase’ and biennial ‘Outreach’ components to limit resource demands on Council staff whilst providing broader support to all schools within Maitland.
OFFICER'S RECOMMENDATION THAT Council support the recommendations of the review to modify the existing Schools Environment Program to a biennial Environmental Education Showcase and biennial Environmental Education Outreach Program.
REPORT The schools environment program has been operating for five years and has been made available to all 32 schools within the Maitland Local Government Area.
Council commissioned a review to assess whether the needs of schools were being met by the program, particularly in light of the Department of Educations introduction of the ‘Environmental Education Policy for Schools’.
Page 116 COUNCIL MEETING AGENDA 26 MARCH, 2002
SCHOOLS ENVIRONMENT PROGRAM REVIEW (Cont.) The objectives of the review were: • To review the existing schools environment program • To describe existing programs available to schools • To identify the needs of local schools • To assess the success of the current programs • To identify the gaps in the current programs and • To identify and recommend opportunities to modify the existing program.
As a result of the review, six key recommendations were developed to ensure that the program continues to meet the needs of local schools. Some of the recommendations are able to be addressed through the existing resource allocations, whilst some can be addressed, at least in part, by Maitland LandCare’s ‘Sense of Place’ project. The recommendations are:
1. Adjust program format and content to engage a higher level of school participation and be more responsive to local schools’ environmental education needs. • Replace the focus on an “Awards” format with a biennial program cycle of ‘Outreach’ and ‘Showcase and Assessment’. 2. Improve the effectiveness and efficiency of communication and promotion associated with the Program. • Update and promote the use of Council’s website as a resource for environmental information and guidance. 3. Improve the quality and relevance of environmental education support resources to local schools • Promote databases that summarise resources available to schools. • Progressively develop a Local Environmental Resource Kit , including local case studies • In conjunction with Council’s priorities, develop a series of topics for guest presentations and associated support material that may be offered to schools. 4. Develop training and networking opportunities to build capacity across the schools and Council staff to implement environmental education effectively. • Continue to work collaboratively within Council and with adjoining Councils to establish networking and resource sharing amongst all parties. 5. Enhance the funding opportunities available to support school environmental education. • Allocate $100 for environmental resources for each school annually. • Allocate $2000 annually to present an alternating Outreach and Showcase and Assessment Program. Commence additional funding in 2003/04. • Maintain and distribute information on Funding and Award Opportunities to all local schools. 6. Evaluate the Program to ensure the commitment to high quality and responsive support to school environmental education and consistent address of Program objectives. • Collect and evaluate information and feedback from schools to progressively refine and improve the Program.
Page 117 COUNCIL MEETING AGENDA 26 MARCH, 2002
SCHOOLS ENVIRONMENT PROGRAM REVIEW (Cont.) The main change to the existing program would be to replace the annual ‘Awards Scheme’ with a biennial Environmental Education Showcase and biennial outreach program. These are discussed below:
Environmental Education Showcase The review found that the current ‘Awards’ Program appeared to suit those schools that do well in environmental education. Those schools that were not able to put in the same effort (for various reasons) did not feel that the program provided the type of support that they needed to either start environmental projects or continue them. A biennial Environmental Education Showcase that provides an open forum for schools to present their achievements and plans for the future will assist in developing links between schools whilst still promoting achievement in environmental education.
Environmental Education Outreach The review found that schools often needed additional support in the form of resource materials, project ideas and guest speakers (amongst other things) that the current ‘Awards’ program does not provide. In order to address this need, the modification of the program to include a biennial Outreach component was suggested as part of the review. There are a number of existing resources available that could be better promoted to schools, along with the development of presentations and support materials for guest speakers.
Local Information and Resources The varied resource kits and other material that is available for schools often lacks enough local information to develop a full understanding of issues. The progressive development of more localised resources will assist students in developing a greater awareness of their local environment.
The development of such resources would be progressive throughout the ‘Outreach’ component of the revised schools environment program, whilst some can be met thru the Sense of Place project that Maitland Landcare are operating over the remainder of this year.
Summary It is proposed that the modified Schools Environment Program be introduced progressively over a number of years to limit the demand for additional Council resources and ensure that appropriate and effective material be developed for schools.
BACKGROUND Schools Environment Program Council introduced the schools environment program in 1996 to recognise and reward the achievements of local schools in the environmental field. Other councils in the hunter region operate similar programs. These programs are essentially similar and have the following goal and aims:
Page 118 COUNCIL MEETING AGENDA 26 MARCH, 2002
SCHOOLS ENVIRONMENT PROGRAM REVIEW (Cont.) Goal To achieve an environmentally aware community that participated in the conservation of the local environment and for schools to integrate environmental education into school programs and activities.
Aims • Promote and encourage student participation in environmental education and related projects; • Recognise the work of schools in environmental conservation improvement; • Strengthen partnerships between schools, the local community, local business and Council within the local government areas; and • Increase awareness of environmental issues facing Australia for the benefit of this generation and future generations.
Essentially the program operated on an awards basis with schools recognised for achievement in the field of environmental education and action.
The Department of Education has released the Environmental Education Policy for Schools. The release of this policy and the accompanying requirement to develop a EMP have placed additional demands on teachers.
The schools environment program award categories were modified in 2001 to reflect the changes in the syllabus.
Our Sense of Place Project Maitland Region Landcare has been successful in securing funding through the NSW Environmental Trust to pilot and environmental education project in six local (Maitland) schools. The project is titled Our Sense of Place: improving environmental attitudes & behaviours. Maitland Council is one of the main project partners and as such has committed to the contribution of cash and in-kind support towards the project’s implementation.
The project provides the opportunity to extend the benefits and achievement of the Maitland Schools Environment Program through: • Trialling and environmental education program with students and teachers that utilises the local landscape and community as a grounds for learning; • Channelling resources into schools to assist them to embrace and develop environmental education initiatives; • The development of knowledge and skills in Council staff and local teachers to improve the quality and relevance of environmental education and to work more collaboratively towards this goal; • The development of local resources to support environmental education.
Our Sense of Place does not take the place of Council’s program as its objectives are more narrow and focused on the participation of six of Maitland’s thirty-two schools. The project will channel information and resources towards achieving many of the recommendations arising from the review of the Maitland Schools Environmental Program. This may provide the opportunity for Council to redistribute their resources towards meeting other priority areas highlighted in the review.
Page 119 COUNCIL MEETING AGENDA 26 MARCH, 2002
SCHOOLS ENVIRONMENT PROGRAM REVIEW (Cont.) FINANCIAL IMPLICATIONS Modifying the schools environment program to assist schools further may require additional resources from Council. This may particularly be the case if all 32 schools nominated to be part of the program and requested financial or in-kind resources from Council. The current budgetary allocation only allows for $100 per school. If all schools participate in the revised Schools Environment Program there will be no additional funding to promote the program or provide and produce additional resources i.e. brochures, information packages etc.
The changes to the Schools Environmental Program will be phased in over a number of years in recognition of the existing budgetary and other resource limitations. Additional financial resources of approximately $2000 may be sought in the 2003/2004 budgetary allocations to assist in the implementation of the recommendations of the review.
The current budgetary allocation is $3500. The implementation of the recommendations of the review would require an increase of $1700 should all thirty- two schools participate in the program.
POLICY IMPLICATIONS The modification of the schools environment program provides more useful support for schools in Maitland.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
Page 120 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.19 "MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES
File No: 122/944
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: John Carey Senior Traffic Officer
EXECUTIVE SUMMARY This report details an application made by Campbells Store and Craft Centre to temporarily close Elizabeth Street Morpeth for two days during the “Morpeth Honey Festival 2002”. The application was advertised for comments and submitted to the Local Traffic Committee (LTC) for consideration and the LTC has recommended that the closure proceed.
OFFICER'S RECOMMENDATION THAT
The following temporary road closure be approved for the “Morpeth Honey Festival 2002” in accordance with the recommendations of the Local Traffic Committee:
9.00am Saturday 6 April 2002 to 5.00pm Sunday 7 April 2002
• Elizabeth Street Morpeth – Green Street to 50m west of Green Street.
REPORT Although the “Morpeth Honey Festival 2002” is to be held over several days, Campbells Store and Craft Centre has applied for the following road closure to be effected for two of the days of the festival:
9.00am Saturday 6 April 2002 to 5.00pm Sunday 7 April 2002
• Elizabeth Street Morpeth – Green Street to 50m west of Green Street
This event was advertised for public comment on the 28 January 2002 for the statutory 28 day period with no submissions being received. Faxes were also sent to public transport, public utility and emergency services authorities and flyers delivered to the residents and businesses immediately affected by the proposed closure.
The Local Traffic Committee considered the proposed closure at the meeting of 7 March 2002 and the Committee’s recommendations are: Page 121 COUNCIL MEETING AGENDA 26 MARCH, 2002
"MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES (Cont.)
That the following temporary road closure (and associated conditions relating to the temporary road closure) be approved in Elizabeth Street Morpeth for the “Morpeth Honey Festival 2002”:
1. Elizabeth Street Morpeth, from Green Street to 50m west of Green Street, be temporarily closed to vehicular traffic from 9.00am Saturday 6 April, 2002 to 5.00pm Sunday 7 April, 2002;
2. Access through the closure area for emergency vehicles be available via Tank Street at all times;
3. The temporary road closure be effected be easily movable/removable barricades;
4. Barricades be installed in Elizabeth Street at Green Street and at 50m west of Green Street;
5. A “Detour” sign be installed in Elizabeth Street at Green Street;
6. The organisers liaise with Lower Hunter Traffic Services prior to the event and comply with all Police requirements, including the completion of a Public Assembly Form to allow the running of a special event in a public place;
7. On completion of the closure, the area be cleaned of all rubbish and debris;
8. Public Liability Insurance (with a co-insured clause) in the minimum amount of $10 million be taken out for the event, with the policy to be received by Council before the closures become effective.
Issues relating to the temporary closure of streets (the subject of this report) require Council approval.
FINANCIAL IMPLICATIONS There are no financial implications arising out of this report as the charges associated with administration and advertising of temporary road closures are recovered by Council in fees payable by the applicant on application to Council.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The contents of this report are in accordance with Part 8, Division 1 of the Roads Act, 1993 and the Roads & Traffic Authority’s delegation to Council, in relation thereto.
CONCLUSION This report details the proposed road closure that requires Council’s formal approval.
Page 122 COUNCIL MEETING AGENDA 26 MARCH, 2002
"MORPETH HONEY FESTIVAL 2002" TEMPORARY ROAD CLOSURES (Cont.) Council has received no submissions relating to the proposed road closure, indicating that the public is generally satisfied with the temporary arrangements. As the closure involves a short section of Elizabeth Street and access for the sole resident will be maintained, the closure is not expected to impact on traffic flow and road safety in and around the road closure.
Page 123 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.20 "STEAMFEST 2002" TEMPORARY ROAD CLOSURES
File No: 122/944/2
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: John Carey Senior Traffic Officer
EXECUTIVE SUMMARY This report details and application made by the Hunter Valley Steamfest Panel to temporarily close various road in Maitland for “Steamfest 2002”. The application was advertised for comments and submitted to the Local Traffic Committee (LTC) for consideration and the LTC has recommended that the closures proceed.
OFFICER’S RECOMMENDATION THAT:
1. The following road closures apply on:
a) Saturday 27 and Sunday 28 April, 2002 – 7.00am to 5.00pm daily
i) Church Street between Ken Tubman Drive and Les Darcy Drive
ii) Elgin Street between Olive Street and railway line (buses/taxis excepted)
iii) Olive Street between Church Street and Elgin Street
iv) Railway Street between Church Street and Elgin Street (buses excepted)
v) Station Street between Elgin Street and cul-de-sac (taxis excepted)
vi) Athol D’Ombrain Drive between Elgin Street and Victoria Street
vii) Allan Walsh Drive between Ken Tubman Drive and Church Street (buses/taxis excepted)
viii) Ballard Street between Steam Street and Church Street
ix) Fran Dawson Road between Ballard Street and end
x) Steam Street between Elgin Street and cul-de-sac
b) 5.00pm Saturday 27 April, 2002 to 2.00am Sunday 28 April, 2002
Page 124 COUNCIL MEETING AGENDA 26 MARCH, 2002
"STEAMFEST 2002" TEMPORARY ROAD CLOSURES (Cont.) i) Railway Street between Church Street and Elgin Street (no exceptions)
ii) Elgin Street between Steam Street and railway line (no exceptions)
iii) Station Street between Elgin Street and cul-de-sac (taxis excepted – entry via Athol D’Ombrain Drive only)
c) 7.00am Saturday 27 April, 2002 to 5.00pm Sunday 28 April, 2002
i) Junction Street, Telarah – Simpsons Lane to Mt Dee road
d) Sunday 28 April 2002 – 8.00am to 12.30pm (Cycling Criterium)
i) Athol D’Ombrain Drive between Bent Street and Victoria Street
ii) Bent Street between Athol D’Ombrain Drive and Grant Street
iii) Grant Street between Bent Street and High Street
iv) High Street (half road closure south side) between Grant Street and Victoria Street
v) Victoria Street between High Street and Athol D’Ombrain Drive
e) Sunday 28 April 2002 – 7.00am to 5.00pm
i) Maitland Park access road between Elgin Street and Maitland Park Bowling Club car park
REPORT “Steamfest 2002” is to be held on the 27 and 28 April 2002 and the Hunter Valley Steamfest Panel has applied for the following road closures to be effected between the following days and hours:
Saturday 27 and Sunday 28 April 2002 – 7.00am to 5.00pm daily
• Church Street between Ken Tubman Drive and Les Darcy Drive • Elgin Street between Olive Street and railway line (buses/taxis excepted) • Olive Street between Church Street and Elgin Street • Railway Street between Church Street and Elgin Street (buses excepted) • Station Street between Elgin Street and cul-de-sac (taxis excepted) • Athol D’Ombrain Drive between Elgin Street and Victoria Street • Allan Walsh Drive between Ken Tubman Drive and Church Street (buses/taxis excepted) • Ballard Street between Steam Street and Church Street • Fran Dawson Road between Ballard Street and end • Steam Street between Elgin Street and cul-de-sac
Page 125 COUNCIL MEETING AGENDA 26 MARCH, 2002
"STEAMFEST 2002" TEMPORARY ROAD CLOSURES (Cont.)
5.00pm Sautrday 27 April 2002 to 2.00am Sunday 28 April 2002
• Railway Street between Church Street and Elgin Street (no exceptions) • Elgin Street between Steam Street and railway line (no exceptions) • Station Street between Elgin Street and cul-de-sac (taxis excepted – entry via Athol D’Ombrain Drive only)
7.00am Saturday 27 April 2002 to 5.00pm Sunday 28 April 2002
• Junction Street, Telarah – Simpsons Lane to Mt Dee Road
Sunday 28 April 2002 – 8.00am to 12.30pm (Cycling Criterium)
• Athol D’Ombrain Drive between Bent Street and Victoria Street • Bent Street between Athol D’Ombrain Drive and Grant Street • Grant Street between Bent Street and High Street • High Street (half road closure south side) between Grant Street and Victoria Street • Victoria Street between High Street and Athol D’Ombrain Drive
Sunday 28 April 2002 – 7.00am to 5.00pm
• Maitland Park access road between Elgin Street and Maitland Park Bowling Club car park.
The event was advertised for public comment on the 11 February 2002 for the statutory 28 day period with no submissions being received.
The Local Traffic Committee considered the proposed closure locations and kerbside restrictions in various streets on the 7 March 2002 and the Committee’s recommendations are as follows:
Subject to Council consideration of public comments, the following temporary road closure arrangements for “Steamfest” be endorsed:
1. “No Parking” restrictions be installed in Olive Street, both sides, from Elgin Street to Catherine Street;
2. “No Parking” restrictions be installed in Church Street, both sides, from Ken Tubman Drive to Steam Street;
3. “No Parking” restrictions be installed in Walker Street, on both sides, from Les Darcy Drive to Eglin Street;
4. “Bus Zone” restrictions be installed in Allan Walsh Drive, southern side, from Church Street to Steam Street;
5. “Taxi Zone” restrictions be installed in Allan Walsh Drive, north side, just west of the Church Street roundabout; Page 126 COUNCIL MEETING AGENDA 26 MARCH, 2002
"STEAMFEST 2002" TEMPORARY ROAD CLOSURES (Cont.) 6. “No Parking” restrictions be installed in Allan Walsh Drive, both sides, from the “Taxi Zone” (north side, at Church Street) and “Bus Zone” (south side at Church Street) to Ken Tubman Drive;
7. “No Parking” restrictions be installed across the frontage of No. 87 Elgin Street;
8. “No Stopping” restrictions be placed in Les Darcy Drive from Church Street to 200m west of Church Street and Cessnock Road for a distance of 100m from Les Darcy Drive for the period of the “Steamfest 2002” event;
9. Access for emergency vehicles be available via all closure points at all times;
10. All temporary road closures be effected by easily movable/removable barricades;
11. Maitland Police be requested to patrol the closure area to ensure that public safety and emergency access is maintained;
12. Suitable signs be placed in Les Darcy Drive and Cessnock Road on the approaches to the Church Street roundabout and in Les Darcy Drive on the approaches to the High Street intersection to inform motorists of the altered traffic conditions;
13. Suitable signs be placed at Maitland Railway Station showing the direction to the “Taxi Zone” and “Bus Zone”;
14. Public Liability insurance (with a co-insured clause) in the minimum amount of $10 million to be taken out for the event, with the policy to be sighted prior to the closures coming into effect;
15. On request by Blue Ribbon Coaches, additional temporary “Bus Zones” be installed at appropriate locations (approved by Council), including Steam Street, on the south side, between Elgin Street and Church Street, from 5.00pm Saturday 27 April 2002 to 2.00am Sunday 28 April 2002;
16. Access to Maitland Railway Station for State Rail passengers be via the Cessnock Road/Les Darcy Drive/Church Street roundabout. Motorists wishing to enter, for set-down purposes only, are to present a valid rail passenger ticket to closure supervisors at the roundabout;
17. Rail Services Australia works staff be permitted access to the RSA works yard at the southern end of Elgin Street during emergency call-outs only.
The General Manger approved items 1 to 15 on 13 March 2002 in accordance with his delegation from Council.
Issues relating to the temporary closure of streets (the subject of this report) require Council approval.
Page 127 COUNCIL MEETING AGENDA 26 MARCH, 2002
"STEAMFEST 2002" TEMPORARY ROAD CLOSURES (Cont.) FINANCIAL IMPLICATIONS The charges associated with administration and advertising of road closures are included in Council’s “in-kind” contribution to Steamfest.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The contents of this report are in accordance with Part 8, Division 1 of the Roads Act, 1993 and the Roads & Traffic Authority’s delegation to Council, in relation thereto.
CONCLUSION Council has received no submission relating to this year’s proposed event, indicating that the general public are generally satisfied with the temporary arrangements.
In accordance with delegated authority, matters relating to the installation of signposting were referred to the General Manager and subsequently approved on 13 March 2002.
This report details the proposed road closures that require Council approval before they can be implemented for the event.
Page 128 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.21 CYBERCAR DRIVING SIMULATOR
File No: 140/16
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: Warwick Randall Manager Assets & Infrastructure Planning
EXECUTIVE SUMMARY This report presents the status of the proposal for HROC to sponsor purchase and operation of a Cybercar driving simulator as a regional project.
The general response from the majority of the 7 Councils that responded was that whilst the project was a worthy one, they generally were not able to allocate the necessary funds to the project.
OFFICER'S RECOMMENDATION THAT Council write to HROC and the respondent Councils and thank them for their participation in the promotion of the project, and inform them that due to lack of support, the project will not proceed at this stage.
REPORT At its meeting of 24 July 2001, Council resolved to approach HROC to determine whether financial support from the constituent councils was available for purchase and operation of the Cybercar driving simulator as a road safety initiative across the whole or part of the region.
The HROC board were subsequently briefed and letters sent to each of the constituent Councils seeking their support for the project.
Replies have been received from 7 councils with 5 of these indicating that although they generally thought that the project was meritorious, it was not of sufficient priority to enable them to provide the financial support requested. One council indicated support for the project and one sought substantial additional information to enable them to further consider the proposal.
It is considered that support from at least half the councils in the region would be required to enable the programme to be worthwhile.
It is therefore recommended that Council write to HROC and the respondent Councils and thank them for their participation in the promotion of the project, and inform them that due to lack of support, the project will not proceed at this stage.
Page 129 COUNCIL MEETING AGENDA 26 MARCH, 2002
CYBERCAR DRIVING SIMULATOR (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 130 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.22 TELARAH BOWLING CLUB CARPARK
File No: P11269
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY Council previously resolved to investigate lighting improvements for the Telarah Bowling Club carpark and raised concerns regarding a truck using the carpark and the condition of the carpark. The lighting and heavy vehicle usage issues have been resolved.
Improvement works for the carpark pavement have been investigated, with significant works required, and have been listed for future consideration as a part of Council’s Rolling Works Carpark Maintenance program.
OFFICER'S RECOMMENDATION THAT
The reconstruction of Telarah Bowling Club carpark be listed for consideration as a part of Council’s Carpark Maintenance Program.
REPORT Council at its meeting of 23rd May, 2000 resolved to investigate lighting improvements for the Telarah Bowling Club carpark near Coronation Oval. Other issues regarding this carpark were also raised at the time. These involved a heavy vehicle using the carpark and the overall condition of the carpark pavement.
Since this time, the following works have been undertaken:
• Lighting improvements have been investigated, implemented and completed • The carpark is no longer being used by the heavy vehicle.
Improvements to the overall condition of the carpark pavement have been investigated, however, would involve significant reconstruction and kerb replacement works. These works are necessary due to the long established nature of the carpark, rather than the heavy vehicle usage of the carpark. The estimated cost of these works is $90,000, whilst the annual rolling works carpark maintenance allocation is $31,000. On a cost/benefit basis, other carparks in the local government area have been ranked higher than this one, and as such, these works have been listed for future consideration as a part of the carpark maintenance program.
Page 131 COUNCIL MEETING AGENDA 26 MARCH, 2002
TELARAH BOWLING CLUB CARPARK (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 132 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.23 CAMPBELLS BRIDGE REPLACEMENT - ALTERATION TO 2001/02 BRIDGE CONSTRUCTION ROLLING WORKS PROGRAMME
File No: 222/363
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY The 2001/02 Rolling Works Bridge Construction Programme consists of five projects. Investigations for one of these projects, Campbells Bridge, has identified additional works that would require the closure of Maitland Vale Road for a significant period, and the construction of a side track. Given the large expense involved in a side track, it is considered that a better use of the available funds would be to use the full bridge construction programme allocation to replace Campbells Bridge and defer the remainder of the projects to 2002/03.
OFFICER'S RECOMMENDATION THAT
The 2001/02 Bridge Construction Rolling Works Programme be altered such that all funds be committed to the Campbells Bridge project, and the remaining projects be listed for Construction in the 2002/03 Bridge Construction Rolling Works Programme.
REPORT The 2001/02 Bridge Construction Rolling Works Programme consists of the following projects:
Victoria Bridge $10,000 Campbells Bridge $15,000 Trappaud Road Bridge $10,000 Mount Dee Road Bridge $24,000 Louth Park Road Bridge $ 5,000
The Campbells Bridge project was to involve improvement works to the timber wing walls, deck and rails, however, further investigations also identified repair works to the bridge abutments as being necessary. These abutments works would have necessitated the closure of Maitland Vale Road for a significant period of time. Given the nature of the location, the operations of adjacent quarry and the significant detour routes, a side track would be necessary to maintain access. Preliminary estimates for this track were $35,000-40,000.
Page 133 COUNCIL MEETING AGENDA 26 MARCH, 2002
CAMPBELLS BRIDGE REPLACEMENT - ALTERATION TO 2001/02 BRIDGE CONSTRUCTION ROLLING WORKS PROGRAMME (Cont.) As a result, based on a whole of life cost analysis, it is considered that a better use of the funds available would be to commit the entire rolling works bridge construction programme allocation to the replacement of Campbells Bridge with a culvert-type structure, and defer the remainder of the programme to 2002/03. None of the remaining projects require immediate attention, and can therefore, be deferred.
FINANCIAL IMPLICATIONS The costs involved in the replacement of Campbells Bridge will be contained with the budget allocation for the Rolling Works Bridge Construction Programme.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 134 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.24 CONSIDERATION OF TENDERS - CONSTRUCTION OF AMENITIES BUILDING AT MORPETH OVAL
File No: 137/902
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Warick Shroder Contract And Projects Management Co- Ordinator
EXECUTIVE SUMMARY Tenders were invited for the construction of an Amenities Building at Morpeth oval. On closing, tenders were received and have been assessed on various criteria. This report is submitted for Council's consideration and is submitted to Committee of the Whole as it contains commercial information.
OFFICER'S RECOMMENDATION THAT Council accept the lump sum tender of C&W Constructions Pty. Ltd. for the construction of the Morpeth Oval Amenities Building in the amount of $173,663.
REPORT Tenders were called for the construction of an Amenities Building at Morpeth Oval to replace the existing structure. Three (3) tenders were received on closing. Details of the tenders received are as follows:
COMPANY TENDERING TENDERED PRICE C&W Constructions Pty. Ltd. $173,663 J&J Killalea Pty. Ltd. $174,900 Frank Pollicino $176,826 Note: all prices GST inclusive.
Tenders have been assessed based on the following criteria: • Conformance to tender documents • Tender price • Previous experience • Referees • Insurances • Occupational Health and Safety • Industrial Relations • Financial capacity • Contract Program
Page 135 COUNCIL MEETING AGENDA 26 MARCH, 2002
CONSIDERATION OF TENDERS - CONSTRUCTION OF NEW AMENITIES BUILDING AT MORPETH OVAL Investigations indicate that C&W Constructions Pty Ltd, are capable of carrying out the work satisfactorily, and based on the above tender assessment criteria, the lowest tender of C&W Constructions offers the best value for money to Council.
Demolition of the existing amenities building is to be done under a separate contract, with an estimated value of $5,000 - $10,000, and the brickwork for the building is to be done by the Oval’s Recreation Board with bricks to be supplied by council at an estimated cost of $20,000. The total cost of the works, therefore, is as follows (excl. GST):
• Amenities Building $157,875 • Demolition $ 10,000 • Brickwork $ 20,000
Total $187,875
The number of tenders received is considered satisfactory.
FINANCIAL IMPLICATIONS The new Morpeth Oval Amenities building is being funded through Council’s Loan Borrowing Programme. The total funding available for this project is $210,000 and therefore, there are sufficient funds available for the project.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The course of action recommended is in accordance with the Local Government (Tendering) Regulation, 1999.
Page 136 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.3.25 REQUEST FOR COUNCIL CONTRIBUTION TO ROADWORKS - MAITLAND TOYOTA DEVELOPMENT CONSENT 960709
File No: 960709
Attachments: (2) Locality Plan Applicant's submission
Responsible Officer: Alison McGaffin Development Services Manager
Author: Rolf Olsson Subdivision and Development Engineer
EXECUTIVE SUMMARY The proponents for the redevelopment of the Maitland Toyota site have requested Council contribute towards the costs of roadwork improvements on the public roadways adjacent to their new development.
Council has previously contributed towards the cost of construction of private works, where they have had a direct benefit on, or were affected by, adjacent Council infrastructure.
Part of this work is of direct benefit to Council as an improvement in the adjacent road infrastructure.
OFFICER'S RECOMMENDATION THAT council contribute $4,788 towards the costs of upgrading the public roadways adjacent to the redevelopment of the Maitland Toyota site.
REPORT The proponents for the Maitland Toyota redevelopment, under development consent 960709, have requested Council contribute towards the cost of the external roadworks, in Tyrell Street and the laneway, that are to be carried out in conjunction with the site development works.
A minor portion of these works are of direct benefit to Council as an improvement in Council’s asset infrastructure for the City and not directly related to the needs of the Toyota dealership development.
Page 137 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND TOYOTA DEVELOPMENT CONSENT 960709 (Cont.)
Condition 22 of the Development Approval requires the Applicant to construct kerb and guttering along the southern alignment of Tyrell Street and also to construct the road pavement in Tyrell Street, northerly to the new entrance into the development. There are also additional road, concrete and drainage works required but these are generally attributable to the development’s effect on the adjacent roadway levels and obstruction to natural overland flow paths by the construction of the building.
The additional works above and beyond those relevant to the development generally comprise, construction of kerb and guttering and reconstruction of the road shoulder along the adjacent laneway. In this instance, Council is advised that there is no direct vehicular or pedestrian access to the new building from the laneway. Therefore it is not appropriate for this work to be carried out as a condition of the Development Approval.
In addition, additional drainage works are needed to intercept the stormwater flow before it enters the new development, given that the applicant has incorporated the lower part of the Tyrell Street roadway into the new site development. Previously this stormwater was dispersed over the adjacent properties and along the roadway as natural overland flow.
Council has previously contributed towards the cost of construction of private construction works where those works were of benefit to council as well as to the developer.
Whilst this section of roadway has a very low priority in the overall needs of the City, it is opportune to have the works completed whilst a major contract is being undertaken on the adjoining land.
For the development of Maitland Toyota, most of the external construction works on public roadways are required as either conditions of consent for the development or directly attributable to adjustments caused by the final design levels of the internal construction. However there are several areas where council will receive a direct benefit of adjacent road and drainage infrastructure improvements as a result of the development. The works considered as being of benefit to Council are reconstruction and road repair along the laneway at the intersection of Tyrell Street and kerbing, guttering and vehicular crossing works along the northern edge of Tyrell Street. The benefit to Council is in reduced future maintenance requirements and maintaining the structural integrity of the new road pavement by completion of the kerb and gutter works and all weather access driveways to the rear of Melbourne Street properties that presently gain access from Tyrell Street.
The applicant has submitted contract estimates totalling $32,255 for the construction of the entire external works. Council’s staff have estimated that the cost of work that could be considered as being of benefit to Council totals $4,788.
FINANCIAL IMPLICATIONS The Budget provides for minor contributions to infrastructure works in such circumstances.
Page 138 COUNCIL MEETING AGENDA 26 MARCH, 2002
MAITLAND TOYOTA DEVELOPMENT CONSENT 960709 (Cont.) POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 139 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.4 CITY WORKS AND SERVICES
10.4.1 REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY
File No: 99/3/1
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Brian Worboys Senior Noxious Weeds Officer
EXECUTIVE SUMMARY This report recommends Council support the work that property owners of the Oakhampton Water Body have undertaken to date in the removal of noxious weeds, by providing funds to assist in the removal of salvinia and water hyacinth on the downstream end of the water body that were washed into that section during a storm flow in early February, 2002.
OFFICER'S RECOMMENDATION THAT:
1. Council continue to actively pursue landholders, under the Noxious Weeds Act if necessary, to fully and continuously suppress and destroy Salvinia and prevent Water Hyacinth from spreading, and its numbers and distribution reduced, on the Oakhampton Water Body.
2. Council assist the landholders by adopting option 2 in this report to fund and arrange treatment of noxious weeds in the downstream section (below the railway line) of the Oakhampton water body, at an estimated cost of between $10,000 and $15,500, with the funding provided in future quarterly budget reviews.
BACKGROUND Over the last three (3) years Council’s Senior Noxious Weeds Officer has been working with the property owners of the Oakhampton Water Body, a Zone 7(a) Environmental Protection Wetland under the Maitland LEP 1993. During this time Council has been negotiating with the property owners to have the Salvinia eradicated and Water Hyacinth reduced in the water body.
Page 140 COUNCIL MEETING AGENDA 26 MARCH, 2002
REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY (Cont.)
REPORT
1. Control of Noxious Weeds to February 2002
1.1 Lower Section of Water Body
During the current growing season Council inspections have shown there had been an estimated 90% reduction in noxious weeds on the downstream side of the railway line on the Oakhampton Water Body. This has been due to the property owners on this side working together to treat the noxious weeds. The property owners have purchased a boat, spray equipment and chemicals to treat the noxious weeds and outlayed a large amount of money and time (over 280 man hours) to control the Water Hyacinth and Salvinia. The total value of this work is estimated at $9,000.
To help prevent contamination from upstream, Council installed a temporary boom across the railway viaduct, to stop the noxious weeds from floating downstream. Verbal approval was obtained from the Department of Land and Water Conservation (DLWC) and Rail Access Corporation (RAC) to erect temporary booms.
1.2 Mid Section of Water Body
On the mid section of the water body the three (3) property owners were issued Section 18 Notices in October 2001. One (1) property owner organised a contractor to treat the noxious weeds. The other two (2) property owners have been treating the noxious weeds by themselves. All had varying degrees of success with control of the weeds.
1.3 Upper Section of Water Body
Until December 2001 the upper section of the water body had a small quantity of Salvinia and Water Hyacinth floating around on the water. During January 2002, due to the rapid growth of the weeds, Council issued two (2) Section 18 Notices to two (2) of the upper section property owners.
1.4 Action under the Noxious Weeds Act
During the month of January, 2002 the Salvinia and Water Hyacinth on the upper and mid sections of the water body covered significant amounts of the five (5) properties. On expiry of the Section 18 Notices in mid February, Council intended to issue Section 20 Notices to the five (5) property owners if satisfactory treatment and control had not been carried out.
Page 141 COUNCIL MEETING AGENDA 26 MARCH, 2002
REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY (Cont.) Until early February 2002 the booms installed by Council had been working well and the property owners on the downstream side had removed 90% of the noxious weeds from the water. The residents were regularly entering the water in their boat to control the weeds, as well as carrying out control work from the edge of the water body. Further action against the downstream landowners, under the Noxious Weeds Act, was not considered due to the amount of work being undertaken.
2. Storm Flow - February 2002
Wet weather in February increased the quantity of water entering the water body significantly. Due to the increase in water quantity, the water level rose in the water body, causing the Salvinia and Water Hyacinth to flow over the booms, resulting in a large amount of noxious weeds entering the downstream side of the water body.
On the upstream side of the railway line, in both mid and upper sections, there was now 10% of the original infestation floating in the water and another 10% on the edges which would be deposited once the water recedes. The upstream side landowners were still required to control these aquatic weeds in accordance with the Noxious Weeds Act notices issued to them. The other 80% of the noxious weeds were now floating in the down stream side of the water body. The responsibility for control of these weeds now rests with the landowners upon which the weeds are located. The difficulty of issuing weed control notices due to the continued movement of the floating weed mass remains a problem for Council.
3. Discussion with Landholders
A meeting was held on Wednesday 13th March 2002 at the Maitland Town Hall with eight (8) of the eleven (11) property owners, Councillors Garnham and Humphery, and Council staff. The meeting was organised to discuss with the property owners what has been occurring in regard to recent control of the noxious weeds, the effect the February rain has had on the control program and options for further treatment and control.
Recent treatment and control has been carried out satisfactorily in the upper section of the water body and it is expected that this work will continue. This section is separated from the mid section by a boom at the pipes under the access across the water body, which prevents the weeds floating between the two sections, unless further storm flow occurs. Two (2) of the three (3) landholders were present at the meeting.
Some treatment has occurred in the mid section of the water body, but much more work needs to be done. This is being pursued by Council's Senior Noxious Weeds Officer. One (1) of the three (3) mid section landholders was present at the meeting.
Page 142 COUNCIL MEETING AGENDA 26 MARCH, 2002
REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY (Cont.)
Six (6) of the seven (7) landholders from the downstream section of the water body were present at the meeting. The group believed Council should assist by organising and financing treatment of the noxious weeds that have ended up on the their properties from upstream as a result of the storm flow. They considered that it was unreasonable to expect them to make another major contribution of finance and labour to treat noxious weeds that should have been treated upstream and that the previous work they had done to treat 95% of the weeds downstream should be a major factor for Council to consider in regard to this matter.
4. Control Methods
Control methods for Salvinia and Water Hyacinth include spraying, which can only be done during the growth season, and removal, which can be done all year round. Mechanical removal can be done by tractor with a suitable implement attached, long reach excavator and/or weed harvester.
The landholders have used a combination of some of the above control methods for treatment of the noxious weeds to date.
Those landholders present at the 13th March 2002 meeting supported the use of temporary booms to contain the floating noxious weeds into three (3) sections of the Oakhampton Water Body. It is intended that the use of temporary booms will continue. This is permitted in accordance with Section 36A of the Noxious Weeds Act 1993.
5. Treatment and Control Options for Council
Two options for Council to consider include:
1. Continue with property inspections and monitoring, and enforce the Noxious Weeds Act 1993, when appropriate.
2. Council contributes one off financial assistance and arrange work to aid the landholders impacted upon by the February 2002 storm flow to treat the noxious weeds in the downstream section (below the railway line) of the water body. Prior to this work being carried out, 90% or better of the mid section of the water body must have been treated by the mid section landholders and for the upper section, that has been treated, the weeds are maintained at a 90% or better treatment level by the upper section landholders. This will ensure that a future storm water flow does not impact significantly on the downstream properties after the downstream section weeds are treated.
The downstream landholders present at the meeting on 13 March 2002 offered to continue control and treatment of any remaining weeds, or subsequent weed growth, after Council has treated the weeds that washed downstream in February 2002.
Page 143 COUNCIL MEETING AGENDA 26 MARCH, 2002
REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY (Cont.) The estimated cost to carry out option 2 is between $10,000 and $15,500.
The lower cost of $10,000 is expected if treatment is done by spraying, with some mechanical removal. This treatment may or may not be able to be done prior to winter 2002, depending upon the amount of treatment done by the landholders in mid section of the water body, and continued work by the upper section landholders over the next month. Council’s Senior Noxious Weeds Officer is pursuing these landholders to get this work done as quickly as possible.
If the opportunity is lost before winter, spraying could be done in spring or early summer. However, it would be better to have the work completed before the next growing season commences.
The higher estimated cost of $15,500 is based on mechanical removal, mostly by a weed harvester. This work can be done during all seasons, and would allow work to proceed in winter if the opportunity for spraying is lost, and Council does not wish to delay treatment until spring or early summer.
Option 2 has been recommended in this report for the following reasons:
a) Shows Council’s support for landholders who have acted in good faith in their attempts to comply with the Noxious Weeds Act1993.
b) Lessens the cost to Council for further consultation, negotiations and enforcement of the Noxious Weeds Act 1993 in the future. These costs could include the recovery of expenses as a result of action taken after a section 20 notice or any other legal costs.
c) The recommendation is consistent with the general consensus of landholders present at the meeting on 12 March 2003.
FINANCIAL IMPLICATIONS If Council adopts the recommendation in this report a budget adjustment, totalling between $10,000 and $15,500, will be required at future quarterly budget reviews.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page 144 COUNCIL MEETING AGENDA 26 MARCH, 2002
REMOVAL OF AQUATIC WEED FROM OAKHAMPTON WATER BODY (Cont.) STATUTORY IMPLICATIONS The Noxious Weeds Act 1993 provides the statutory framework for the treatment and control of aquatic weeds and the issuing of notices to eradicate and/or suppress various categories of noxious weeds. Work on private land by Council at Council cost is also permitted under the Noxious Weeds Act.
The Maitland LEP 1993 allows for noxious weeds to be removed from a zone 7(a) Environmental protection Wetland such as the Oakhampton Water Body.
Page 145 COUNCIL MEETING AGENDA 26 MARCH, 2002
10.4.2 PURCHASE OF A SECOND HAND GARBAGE COLLECTION VEHICLE (PLANT NO. 4110)
File No: 12/6
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Kelvin O'Brien Manager Waste & Recreation Services
EXECUTIVE SUMMARY This report deals with the proposed purchase of one (1) second hand side loading mobile garbage bin (MGB) collection truck.
OFFICER'S RECOMMENDATION THAT Council purchase Plant No. 4110 from the National Australia Bank (NAB) at the termination of the extended lease at 27th March, 2002 for the sum of $52,000 (GST inclusive) with part of the purchase price being offset by the sale of Plant No. 130.
REPORT On the 27th March, 2001 Council adopted a recommendation to alter the configuration of Council’s MGB collection vehicle fleet.
The configuration of the fleet is to alter from three (3) side loading one man trucks and two (2) rear loading trucks, to four (4) side loading trucks for domestic waste collection, and one (1) rear loading truck for commercial purposes. This configuration allows for the estimated increase in collection services, and allows a safer, more efficient method of delivery of these services. There has been an increase in the number of weekly collection services from 18,077 in 1995 to 21,154 in March, 2002 an increase of 440 bins per year, which is expected to continue at the same rate for the next few years.
Council also adopted on 27th March, 2002 to sell Plant No. 130, the oldest one of the rear loading garbage trucks, by quotation.
Part of the report to Council on the 27th March, 2001 stated:
“If circumstances permit and the opportunity arises in the future, it is proposed that Council consider purchasing a second hand side loading truck as a back up vehicle in case of breakdown, warranty repairs, use for servicing special events, and to cover any extra ordinary increase in future services. This will be reported to Council when the opportunity arises”.
Page 146 COUNCIL MEETING AGENDA 26 MARCH, 2002
PURCHASE OF A SECOND HAND GARBAGE COLLECTION VEHICLE (PLANT NO. 4110) (Cont.) Plant No. 4110 is a seven (7) year old side loading mobile garbage bin (MGB) collection truck that is currently operated by Council. The truck is on extended lease to Council through the National Australia Bank until 27th March, 2002.
Council now has the opportunity to purchase Plant No. 4110 for a back up MGB collection vehicle.
Comparison costs for a similar type of vehicle configuration and model available on the second hand truck market are:
♦ Bogie axle 1995 Freightliner FL80 with 22 metre MacDonald $89,500.00 Johnston Compaction Unit.
♦ Bogie axle 1996 International with 22 metre McDonald Johnston $95,000.00 Compaction Unit.
Comparison prices have been obtained from the June, 2001 and March, 2002 issue of “Deals on Wheels”.
An advantage of purchasing Plant No. 4110 over other second hand vehicles is that Council staff know the full service, repair and performance history of Plan No. 4110 over the past seven (7) years.
Further advantages of having a backup MGB collection are:
♦ Reduced manual handling when attending to missed services. ♦ Less need to provide staff from other sections of the City Works & Services Group to assist to complete collection service when a truck breakdown occurs or repairs are required. ♦ Enhanced ability to complete collections on the nominated day when necessary. ♦ Greater flexibility with operator and driver training within the Waste Services section.
The acquisition of Plant No. 4110 is considered appropriate, to provide a backup vehicle for the fleet.
FINANCIAL IMPLICATIONS The purchase of Plant No. 4110 can be funded from the Waste Services Budget for collection vehicles.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 147 COUNCIL MEETING AGENDA 26 MARCH, 2002
11 REFERRED COMMITTEE REPORTS
Page 148 COUNCIL MEETING AGENDA 26 MARCH, 2002
12 NOTICE OF MOTION/RESCISSION
12.1 NOXIOUS WEEDS ACT NOTICE OF MOTION SUBMITTED BY COUNCILLOR CLR ARCH HUMPHERY
FILE NO: 99/2
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Arch Humphery Councillor
Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Council of Council on 26 March 2002, as follows:
That Maitland City Council makes representations to the State Government through Mr John Price MP on the section of the Noxious Weeds Act relating to the issuing of Section 18 and 20 notices, issued to landholders for the eradication of noxious weeds where it relates to infestation on an enclosed body of water:
1. Where a water body is owned by a number of owners.
2. The noxious weeds are floating and move after the issuing of any notice relating to a prescribed period;
3. The unfair imposition on landholders who fulfil their obligation under the Act and whose land is immediately reinfested by the action of wind or water."
COMMENT BY GROUP MANAGER CITY WORKS & SERVICES Council staff have encountered problems in regard to the Noxious Weeds Act 1993 when dealing with aquatic weed infestations on a water body at Oakhampton over the past three years. On this water body, both Salvinia and Water Hyacinth float, and are moved about by wind and storm water flow.
A section 18 notice under the Noxious Weeds Act can be issued to a landholder when a noxious weed is on the property. Care has to be exercised to make sure that floating aquatic weeds do not move between the time of inspection and issue of the notice.
Page 149 COUNCIL MEETING AGENDA 26 MARCH, 2002
NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Arch Humphery (Cont.)
A much greater problem arises when a section 18 notice is issued, then the aquatic weeds move before treatment is carried out and before the notice expires. This makes it difficult for Council to take further action through a Section 20 notice. The Section 20 notice permits Council to arrange the treatment and charge the landholder for it.
A further issue can arise when proportioning costs for the landholders where a section 20 has been issued and work carried out. The Act provides little guidance on how to charge landholders for treating floating aquatic weeds that may have moved between the time the notice is issued and when the weeds are treated.
In addition to the above, the Act does not specifically address the issue related to landholders, on jointly owned water bodies with floating aquatic weeds, that treat the weeds in accordance with their responsibilities under the Act and then due to wind or water have their properties reinfested with floating aquatic weeds from properties who have been slower to act in treating the weeds, or not acted at all.
There is a need for the legislation to be changed to address the above issues, to assist Council to better administer the Noxious Weeds Act, help protect those landholders who accept and show genuine commitment in regard to their responsibilities under the Act, and provide mechanisms to deal with those landholders who do not.
Page 150 COUNCIL MEETING AGENDA 26 MARCH, 2002
12.2 MORPETH SKATEBOARD FACILITY NOTICE OF RESCISSION – SUBMITTED BY CLR STEVE PROCTER, CLR BOB GEOGHEGAN AND CLR TED LEVERENCE
FILE NO: P35062
Attachments: (1) Report of 22 January 2002
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Clr Steve Procter, Clr Bob Geoghegan and Clr Ted Leverence have submitted the following Notice of Rescission:
“We, Councillors Steve Procter, Bob Geoghegan and Ted Leverence give Notice of Rescission of the following resolution of Council passed on 22 January 2002:
COUNCIL RESOLUTION THAT
Council identify Queens Wharf as the preferred location for the development of a skateboard facility in Morpeth and support the lodgement of a Development Application for the site.
Moved Clr Galea, seconded Clr Procter
CARRIED” NOTE: After consultation with members of the community it has become obvious that this is not the correct location. In fact I wonder if the people of Morpeth really want a skate park for the children of Morpeth at Morpeth.
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13 QUESTIONS WITHOUT NOTICE
14 URGENT BUSINESS
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15 COMMITTEE OF THE WHOLE
15.1 GENERAL MANAGER
15.1.1 COUNCIL LAND - RUTHERFORD
File No: P21759
Responsible Officer: David Evans General Manager
Author: Henry Wilson Group Manager Projects
EXECUTIVE SUMMARY This report relates to interest expressed in Council land at Rutherford.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
Page 153 COUNCIL MEETING AGENDA 26 MARCH, 2002
15.1.2 SALE OF SURPLUS LANDS
File No: 103/8
Responsible Officer: David Evans General Manager
Author: Henry Wilson Group Manager Projects
EXECUTIVE SUMMARY This report proposes the fixing of reserve prices for certain parcels of surplus lands Council has determined to auction.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
• (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
Page 154 COUNCIL MEETING AGENDA 26 MARCH, 2002
15.2 SERVICE PLANNING & REGULATION
15.2.1 METFORD ROAD RAILWAY LEVEL CROSSING
File No: 222/387
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Warwick Randall Manager Assets and Infrastructure Planning
EXECUTIVE SUMMARY This report presents the status of the proposed Metford Road Railway Crossing upgrade by the Rail Infrastructure Corporation.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
• (d)(iii) commercial information of a confidential nature that would, if disclosed: reveal a trade secret
Page 155 COUNCIL MEETING AGENDA 26 MARCH, 2002
15.2.2 CONSIDERATION OF TENDERS - RECONSTRUCTION OF BELMORE ROAD LORN - BETWEEN BELMORE BRIDGE AND BRISBANE STREETS
File No: 137/889
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Stephen Hawes Survey Design Co-ordinator
EXECUTIVE SUMMARY
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
• (a) personnel matters concerning particular individuals
Page 156 COUNCIL MEETING AGENDA 26 MARCH, 2002
16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
17 CLOSURE
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