The proposed use of the premises and/or machinery equipment installed must not create offensive noise so as to interfere with the amenity of the neighbouring properties.
Should an offensive noise complaint be received and verified by Council staff, an acoustic assessment is to be undertaken (by an appropriately qualified consultant) and an acoustic report is to be submitted to Council’s Manager – Environment and Health for review. Any noise attenuation measures directed by Council’s Manager - Environment and Health must be implemented.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Y D Keane
Clr R A Preston Clr Dr J N Lowe Clr Dr P J Gangemi Clr Dr M R Byrne Clr A N Haselden Clr M G Thomas Clr R M Tracey Clr A J Hay OAM Clr R K Harty OAM
VOTING AGAINST THE MOTION None
10.22pm Clr Dr Lowe left the meeting and returned at 10.23pm during Item 8.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
ITEM-8 2016/2017 STATUTORY FINANCIAL STATEMENTS &
BUDGET RESULT Proceedings in brief
Steven Martin, Assistant Auditor-General and Caroline Karakatsanis, Director Financial Services – Audit Office, NSW addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HAY OAM THAT
1. The presentation from Audit Office be received.
2. The attached Statutory Financial Statements as required by Section 413 of the Local Government Act, 1993 and the Local Government Code of Accounting Practice be adopted and signed by the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer.
3. Upon Council receiving the Auditor’s written Report:-
(a) the Financial Statements be advertised and forwarded to the NSW Office of Local Government;
(b) following advertising, be presented to the next available Meeting of Council.
4. The Capital Improvement Budget Variations, Carryover Funds and Proposed Transfers to Reserves as detailed in Attachment 1 Pages 1 to 13 be adopted.
5. The Mayor and General Manager write to the Premier, Treasurer, Minister for Finance and Minister for Local Government and cc to CEO Local Government NSW to seek their intervention in providing an industry accepted methodology which takes service potential into account, to allow Councils across NSW to determine the appropriate value of Community Land (including Land under Roads) in its financial statements.
6. Council resolves to pay the Audit Office NSW a total amount of $80,000 for FY17, which is equal to the cost of the FY16 audit.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
440 RESOLUTION
1. The presentation from Audit Office be received.
2. The attached Statutory Financial Statements as required by Section 413 of the Local Government Act, 1993 and the Local Government Code of Accounting Practice be adopted and signed by the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer.
3. Upon Council receiving the Auditor’s written Report:-
(a) the Financial Statements be advertised and forwarded to the NSW Office of Local Government;
(b) following advertising, be presented to the next available Meeting of Council.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
4. The Capital Improvement Budget Variations, Carryover Funds and Proposed Transfers to Reserves as detailed in Attachment 1 Pages 1 to 13 be adopted.
5. The Mayor and General Manager write to the Premier, Treasurer, Minister for Finance and Minister for Local Government and cc to CEO Local Government NSW to seek their intervention in providing an industry accepted methodology which takes service potential into account, to allow Councils across NSW to determine the appropriate value of Community Land (including Land under Roads) in its financial statements.
6. Council resolves to pay the Audit Office NSW a total amount of $80,000 for FY17, which is equal to the cost of the FY16 audit.
Councillors KEANE and HAY OAM rose for a Division. The result of the Division was as follows:
VOTING FOR THE MOTION Clr Y D Keane
Clr R M Tracey Clr A J Hay OAM Clr R K Harty OAM Clr R A Preston Clr Dr J N Lowe Clr Dr P J Gangemi Clr Dr M R Byrne Clr A N Haselden Clr M G Thomas
VOTING AGAINST THE MOTION None
ITEM-5 POST EXHIBITION - DRAFT AMENDMENTS TO THE HILLS SECTION 94A CONTRIBUTIONS PLAN (FP134)
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
441 RESOLUTION
1. Draft The Hills Section 94A Contributions Plan (Amendment No.3), provided as Attachment 1, be adopted.
2. Public notice of the adoption of Draft The Hills Section 94A Contributions Plan (Amendment No.3) be placed in local newspapers.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Y D Keane
Clr R M Tracey Clr A J Hay OAM Clr R K Harty OAM Clr R A Preston Clr Dr J N Lowe Clr Dr P J Gangemi Clr Dr M R Byrne Clr A N Haselden Clr M G Thomas
VOTING AGAINST THE MOTION None
10.53pm Clr Preston left the meeting during Call of the Agenda and returned at 10.57pm during Questions Without Notice.
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE AND SECONDED BY COUNCILLOR HARTY OAM THAT Items 6, 7, 9, 12 and 13 be moved by exception and the
recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
442 RESOLUTION
Items 6, 7, 9, 12 and 13 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-6 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
443 RESOLUTION
1. Council consent to the cancellation of an easement for services and a right of carriageway both 4 metres wide along with the release of a positive covenant and a restriction on the use of land from the title of Lot 400 DP 1165314 (62 to 70 Hezlett Road, Kellyville) and the request documents be authorised for execution under Council seal.
2. Council consent to the release of a temporary easement for public stormwater 5 metres wide from the title of Lot 115 DP 1207301 (Ross Place, Kellyville) and the Section 88B instrument associated with the final plan of subdivision for DA 1517/2015/ZD be authorised for execution under Council seal.
3. Council consent to the cancellation of an easement for public access variable width and an easement for public stormwater outlet 5 metres wide and variable from the title of the new public road (Thorpe Way) and all affected residential lots being
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
created by the subdivision of Lot 5 DP 230092, Lot 1 DP 570981 and Lot 143 DP 1210956, 7 to 9 Boundary Road and Lot 143 DP 1210956 Longerenong Avenue, Box Hill, and the request documents be authorised for execution under Council seal.
4. Council consent to the release of an easement for drainage of water 6 metres wide from the title of Lot 105 DP 1210860 (58 to 60 Arnold Avenue, Kellyville) and the Section 88B instrument associated with the final plan of subdivision for DA 313/2017/ZA be authorised for execution under Council seal.
ITEM-7 MINUTES OF AUDIT COMMITTEE MEETING - 15 AUGUST 2017
444 RESOLUTION
Council adopt the recommendations of the Audit Committee Meeting dated 15 August 2017.
ITEM-9 BUDGET REVIEW AS AT 31 JULY 2017
445 RESOLUTION
The proposed budget variations in Attachment 1, Pages 6 to 10 and the variations detailed in page 11-28 be adopted.
ITEM-12 LEASE TO RMS OF PART YATTENDEN RESERVE, BAULKHAM HILLS FOR STOCKPILE SITE
446 RESOLUTION
Council enter into a Lease Agreement with RMS over part Lot 110 DP26746, 2Z John Street, Baulkham Hills (Yattenden Reserve) on the terms and conditions detailed in this report with a lease authorised for execution under seal.
ITEM-13 INFORMATION AND STATUS REPORTS 447 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM Document Nos: 16078848, 16078855 and 16078868).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM Document Nos: 9650425, 9650435 and 10138601).
3. The Schedule of Questions and Answers at Council Meetings held in July 2017 shown in the Attachment 5 be noted (ECM Document Nos: 16020423 and 16055690).
4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM Document No: 16093216).
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (ECM Document Nos: 16121692 ).
ITEM-10 DONATION AND GRANTS PROGRAM
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
448 RESOLUTION
1. Council receive this report.
2. Council adopt the amended Policy No 3 “Community Grants and Donations Policy” – Attachment 1 (ECM No. 16105196)
3. Council endorse the draft Guidelines – Attachment 2 and 3 (ECM Nos. 16121773 and 16121894)
10.56pm Clr Dr Lowe having previously declared a non-pecuniary and less than significant conflict of interest for Item 11, left the meeting and returned at 10.57pm for Questions Without Notice.
ITEM-11 TENDER T17/45 - PROJECTS OVER $127,000, ASPHALT & CONCRETE WORKS 2017-2018
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
449 RESOLUTION
1. Council accept the tender from Bitupave Ltd trading as Boral Asphalt for asphalt works in Blackett Drive, Baulkham Hills and approve expenditure up to $263,740.59 (ex GST) for the Tender amount including contingency.
2. Council accept the tender from Bernipave Pty Ltd for asphalt works in Olive Street, Baulkham Hills and approve expenditure up to $188,091.27 (ex GST) for the Tender amount including contingency.
3. Council accept the tender from J&E Asphalt & Civil Pty Ltd for asphalt works in Seven Hills Road, Baulkham Hills and approve expenditure up to $664,026.40 (ex GST) for the Tender amount including contingency.
4. Council accept the tender from Bitupave Ltd trading as Boral Asphalt for asphalt works in Sherwin Avenue, Castle Hill and approve expenditure up to $271,159.35 (ex GST) for the Tender amount including contingency.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
5. Council accept the tender from Awada Civil Engineering Pty Ltd for concrete works in First Farm Drive, Castle Hill and approve expenditure up to $143,330.00 (ex GST) for the Tender amount including contingency.
6. Council authorise the General Manager to issue projects, or parts of projects, from the above recommendations numbered 1 to 5 to one of the alternate contractors if the successful contractor’s availability or performance of work is not satisfactory.
7. A further report be brought to Council upon establishment of the new Council to consider the remaining project from this tender.
QUESTIONS WITHOUT NOTICE
450 PEDESTRIAN SAFETY - CNR HEZLETT AND WITHERS ROAD, NORTH KELLYVILLE Councillor Dr Lowe noted that the intersection of Hezlett and Withers Road, North Kellyville will be signalised in the future and in the interim a temporary roundabout will be installed. Councillor Dr Lowe enquired whether there was a short term solution to the safe crossing of pedestrians from the north side to the south side.
The General Manager confirmed the temporary roundabouts will be trialled and Council is looking at adjustments to the traffic facilities that lead up to the roundabouts that might facilitate pedestrian access or a refuge, however it is currently under review.
The Acting Group Manager – Strategic Planning confirmed it was proposed with the temporary roundabouts to have pedestrian refuges to assist people crossing the road until a full signalised intersection was installed.
451 RODENT PROBLEM AT COUNCIL RESERVE IN MAROOTA
Councillor Preston tabled an email from Mr Muscat of Maroota detailing his concerns regarding a rodent infestation problem at the Council Reserve on Wisemans Ferry Road, Maroota and requested Council undertake an inspection.
452 SOROPOTIMIST PUBLIC SPEAKING
Councillor Preston wished to advise that she and Councillor Dr Byrne were privy to attend the Soroptimist Public Speaking contest on the weekend as part of the Orange Blossom Festival and noted it was the largest number of participants and a fantastic event.
453 SAMANTHA RILEY DRIVE UPGRADE TIMELINE
Councillor Dr Gangemi requested a timeline for the delivery of the upgrade of Samantha Riley Drive to four (4) lanes and the relocation of the remaining utilities, noting the road conditions are getting poorer by the day.
The General Manager advised he would take the matter on notice but noted it was the subject of a Council Workshop briefing. The General Manager acknowledged there were land acquisition issues as well as utility approval issues and hopefully Council would be back on site early in the New Year.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 August 2017
454 KENTHURST PARK LIGHTING
Councillor Dr Gangemi advised he had received correspondence from residents surrounding Kenthurst Park regarding the spill of floodlights into their homes when the fields were in use and also from the carpark lighting.
The General Manager and Acting Group Manager – Strategic Planning both confirmed this matter was currently under investigation.
455 ROTARY CROSS COUNTRY CHALLENGE – ORANGE BLOSSOM FESTIVAL
Councillor Dr Gangemi noted the Rotary Cross Country Challenge had 3 races next weekend - 10km, 6.8km and 3.4km. Councillor Dr Gangemi encouraged everyone to participate as long as they promised not to beat him. Councillor Dr Gangemi thanked the President of Hills District Little Athletics for encouraging all their members to enter the race.
456 TRAFFIC LIGHTS – ARTHUR STREET AND SEVEN HILLS ROAD, BAULKHAM HILLS Councillor Dr Byrne has been contacted by residents in relation to the traffic lights due to be installed at the intersection of Arthur Street and Seven Hills Road, Baulkham Hills.
Was Council able to put pressure on Optus and Sydney Water to relocate these services to speed up installation of the lights?
The General Manager confirmed Council was doing all it could to speed up the process and observed that this issue is replicated across the network. The General Manager noted that the process of moving utilities and telecommunications was circular, long, frustrating and expensive.
457 BUS INTERCHANGE – OAKLAND AVENUE AND WINDSOR ROAD, BAULKHAM HILLS
Councillor Haselden noted the bus interchange at Oakland Avenue/Windsor Road was very busy and asked if additional paving could be applied to the standing area at the bus stop. Councillor Haselden also noted the footpath/nature strip at the western end of the northern side of Oakland Avenue was used constantly as a footway and requested remedial work be carried out.
The General Manager advised he would take the matter on notice.
The Minutes of the above Meeting were confirmed at the Extraordinary Meeting of the Council held on 5 September 2017.
MAYOR GENERAL MANAGER
EXTRAORDINARY MEETING OF COUNCIL 05 SEPTEMBER, 2017
ITEM-3 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 5 SEPTEMBER 2017 EXTRAORDINARY MEETING
GROUP: ENVIRONMENT AND PLANNING
AUTHOR:
PRINCIPAL SUBDIVISION AND DEVELOPMENT COORDINATOR
BEN HAWKINS
RESPONSIBLE OFFICER:
MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION
ANDREW BROOKS
EXECUTIVE SUMMARY
The purpose of this report is to seek approval for:
1. The release of a right of access 6 metres wide, an easement to drain water 5 metres wide, two restrictions on the use of land and a positive covenant from the title of Lots 17, 18, 36 and 37 DP 1202715 (32 and 34 Kinglake Street, 17 Mebbin Road and 38Z Springbrook Boulevard, Kellyville). Work is currently being finalised that will render these property title affectations redundant.
2. The release of a positive covenant from the title of Lot 641 DP 1202060 Roland Garros Crescent, Kellyville. The positive covenant requires that the land be managed as an asset protection zone for bushfire protection purposes. Further subdivision has now occurred making the positive covenant redundant.
3. The cancellation of an easement to drain water 2.5 metres wide from the title of Lot E DP 380511 (3 Withers Road, Kellyville). The easement is no longer required as the land is being developed including a new public road and drainage network that renders the easement redundant.
4. The release of a positive covenant and restriction on the use of land from the title of a new road (Thorpe Way) and residential lots being created by the development and subdivision of Lot 5 DP 230092, Lot 1 DP 570981 and Lot 143 DP 1210956 (7 to 9 Boundary Road and Lot 143 DP 1210956 Longerenong Avenue, Box Hill). The positive covenant and restriction on the use of land are no longer required as the subject land has been developed including a new public road and drainage network that renders the positive covenant and restriction on the use of land redundant.
EXTRAORDINARY MEETING OF COUNCIL 05 SEPTEMBER, 2017
5. The removal of a record of a Planning Agreement from the title of the residential lots being created by the subdivision of Lot 1100 DP 1210518, Lot 4 DP 253552, Lot 1368 DP 121108 and Lot 201 DP 1217254 (Cataract Road, Mariposa Road, Fontana Drive and 121 Old Pitt Town Road, Box Hill). Compliance with the Planning Agreement will have been achieved for the residential lots following registration of the subdivision and the removal of the record of the Planning Agreement from those lots is supported.
REPORT
1. Lots 17, 18, 36 and 37 DP 1202715 (32 and 34 Kinglake Street, 17 Mebbin