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Minutes

Ordinary Council Meeting

19 May 2008, 7pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 19 May 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor T. Lawson, Councillor A. Smith, Councillor F.Teirney and Councillor R. Tudge.

 

ALSO PRESENT: General Manager,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Manager – Development Assessment and and Chief Executive’s Secretary..

 

DECLARATIONS OF INTEREST: Clr Rod Tudge declared a Pecuniary Interest in Environmental Services Division Report No. 179, 2-60 Riverview Street, Riverview.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev Simon Ambler, Christian City Church.

 

SUSPENSION OF STANDING ORDERS

139

RESOLVED on the motion of Councillors Smith and Gaffney that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

  • David Vanberg, College Road South regarding Environmental Services Division Report No. 179, 2-60 Riverview Street, Riverview.
  • Rose Moore, College Road South regarding Environmental Services Division Report No. 179, 2-60 Riverview Street, Riverview.
  • Terry Jones, Bellevue Avenue regarding proposed sale and development of Nield Avenue.
  • Graham Ezzy, College Road South regarding Environmental Services Division Report No. 179, 2-60 Riverview Street, Riverview.
  • Paul Gibbs, Burns Bay Road, problems of traffic and parking in Lane Cove Village Shopping Centre.

 

Resumption of Standing Orders

140

RESOLVED on the motion of Councillors Smith and Teirney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 21

SUBJECT: Presentation by Sydney Airport Staff on the Runway Safety Enhancement Project

141

RESOLVED on the motion of Councillors Longbottom and Smith that Standing Orders be suspended to allow Sydney Airport Staff to make a presentation on the Runway Safety Enhancement Project.

 

 

The Mayor declared the motion carried unanimously.

 

Resumption of Standing Orders

142

RESOLVED on the motion of Councillors Smith and Gaffney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

 

Report Of Committees No. 2

SUBJECT: Inspection Committee - 2-60 Riverview Street, Riverview

143

RESOLVED on the motion of Councillors Longbottom and Smith that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 179

SUBJECT: 2-60 Riverview Street, Riverview

144

RESOLVED on the motion of Councillors Longbottom and Gaffney that:-

 

A.         The applicant prepare a comprehensive development plan/ master plan which would identify maximum development potential of the campus and cater to future development needs and provide the plan to Council.

 

B.        Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D375/07 for demolition of existing buildings and construction of a child care centre at 2-60 Riverview Street, Riverview subject to the following conditions.

 

1.         (20) That the development be strictly in accordance with:

·     Plan no D03 Rev A dated 10/04/08 by JDH Design Group.

·     Plan D-04 to D-08 dated 10/04/08 by JDH Design Group.

·     Plan 196.1 dated 13/11/07 by space landscape designs.

·     Plan No C09270.00-DA01 to DA04 issue C dated 16/11/07 by Costin Roe Consulting

 

2.         A photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made and submitted to the Council Library prior to demolition of the buildings.

 

3.         Three months post the opening date of the centre, a traffic study be undertaken at the expense of the applicant to assess the impacts of the development, the report to be submitted to the satisfaction of Council’s Manager Traffic.

 

4.         A Construction Management Plan to be submitted for approval, the Plan is to detail traffic movements associated with the demolition, construction works and builder’s parking and this is to be approved by Council’s Manager Traffic, prior to the issue of a Construction Certificate.

 

5.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

6.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

7.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·           Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

8.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

9.         (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

10.       (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

11.       (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

12.       (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

13.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

14.       (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

15.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

16.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

17.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

18.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

19.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

            a)         pre-commencement.

b)         The pier holes/pads before filling with concrete.

c)         All reinforcement prior to filling with concrete.

d)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

e)         Framework including roof and floor members when completed and prior to covering.

f)          Installation of steel beams and columns prior to covering

g)         Waterproofing of wet area.

h)         Stormwater drainage lines prior to backfilling

i)          Completion.

 

20.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          shade structures.

 

21.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

22.       (62) All glazing is to comply with the requirements of AS 1288.

 

23.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

24.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

a          Dampcourse level;

b          The roof framing; and

c          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

25.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

26.       (67) 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

            COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

27.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

28.       (72) The demolition works being confined within the boundaries of the site.

 

29.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

30.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

31.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

32.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

33.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

34.       Provide a report by a suitably qualified fire safety consultant (with the appropriate level of certification) to show how the proposed works can comply with the Building Code of Australia and submit to the Principal Certifying Authority (PCA) prior to issue of Construction Certificate (CC). Furthermore the CC plans i.e. Architectural, Structural, Mechanical, Electrical, Hydraulic & associated specifications must demonstrate compliance with the above report and fully comply with the BCA.

 

35.       Submit a disability access report from a suitably qualified consultant to demonstrate how the development can comply with parts D3 & F2.4 of the BCA and submit to Council and the PCA prior to issue of CC. Furthermore the CC plans must demonstrate compliance with the above report and fully comply with the BCA.

 

36.       Submit a report by a suitably qualified Structural Engineer &/or Geo tech Engineer to the PCA’s satisfaction prior to issue of CC which addresses the following :-

 

a)   Carry out a dilapidation survey of the adjacent properties, being the existing Town Houses to the north west of the subject site.

b)   Carry out an assessment of the footing system of the properties adjacent to the excavation to establish an appropriate system of underpinning.

c)   Provide details of an appropriate system of temporary support for the exposed face of excavation associated with the construction of the retaining wall along the north western boundary of the subject site.

 

37.       (300) A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

38.       (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

 

39.       (302) The protection on site, without damage, of all existing trees. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

40.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

41.       (305) All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

42.       (306) All materials brought onto the site must be weed free.

 

 

43.       (308) Rubbish must be stored in a sealed locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected around the six (6) street trees encompassing a radial distance of not less than 3m from the trunk of the six (6) trees to be protected. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

45.       A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

46.       (327)  A bond of $6000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the six (6) street trees to be retained. This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 18 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

47.       All tree protective measures must be in place before the commencement of any works including demolition and PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

48.       (366)  There must be no soil disturbance within the tree protection areas, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained. All activity within the Tree Protection Area must be undertaken with hand tools and under the supervision of the site arborist.

 

General Engineering Conditions

49.       Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant Development Control Plans except as amended by other conditions.

 

50.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to an on-site detention system. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

51.       Pedestrian Access Maintained. Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’

 

52.       Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

53.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan C09270.00-DA01 to DA04 issue C prepared by Costin Roe Consulting dated 16/11/07

 

In this project the above engineering plans are satisfactory as Concept plans. The Principle Certifying Authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

54.       Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

55.       Excavation greater than 1m

            Where there are structures on adjoining properties including all council infrastructures, located within five metres of the proposed excavation.

 

The applicant shall:-

 

(a)        seek independent advice from a suitably qualified Structural Engineer on the impact of the proposed excavations on the adjoining properties

(b)        detail what measures are to be taken to protect those properties from undermining  during construction

(c)        provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure including the adjoining roadway. The dilapidation survey must be conducted prior to any site work. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a practicing engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works.  

 

The above matters are to be completed and documentation submitted to Councill PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

All recommendations of the Structural Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

56.       Council Inspections.  A Council engineer must inspect the stormwater connection to the existing Council stormwater pit. Council shall be notified when the connection has been made. An application for an inspection shall be made to Council and relevant fees paid prior to the issue of the construction certificate. 

 

57.       Footpath Damage Bond. The applicant shall lodge with Council $5000 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

58.       Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the on-site stormwater detention system. Lodgement of this bond is required prior to the issue of the construction certificate.

 

59.       Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices shall be maintained during the construction works and replaced where considered necessary.

 

The following details are to be included in drawings accompanying the Erosion and 

Sediment Control Plan:

 

·     Location and design criteria of erosion and sediment control structures,

·     Site access point/s and means of limiting material leaving the site

·     Means of diversion of uncontaminated upper catchment around disturbed areas

·     Procedures for maintenance of erosion and sediment controls

·     Details and procedures for dust control.

 

60.       Car Parking A plan detailing the parking arrangements both near the Child Care Centre and elsewhere on the site of the proposed development shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS 2890 Series. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

            The plan is to show the location of the 7 staff parking spaces for the child care centre.  These spaces are to be clearly designated “Childcare Staff Parking”on the site.  The pathway from the designated staff parking and resident accommodation to the child care centre is also to be delineated on the plan.

 

61.       Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

62.       Proposed Vehicular Crossing. The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

63.       Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved. 

 

64.       Works on Council Property. Separate application shall be made to Council's Urban Services Division for approval to complete, to Council's standards and specifications, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

65.       Public Utility Relocation. If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

66.       Sediment and Erosion Control. The applicant shall install appropriate sediment control devices prior to any disturbance of the existing site. The devices are to be installed in accordance with an approved plan. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

 

Engineering Conditions to be complied with prior to Occupation Certificate

 

67.       Stormwater connection 

Prior to the issue of the occupational certificate a certificate of satisfactory connection to the council pit must be obtained from council’s urban services division. 

 

68.       Stormwater System Certified

Prior to the issue of the occupational certificate a charted professional engineer shall certify that the stormwater system has been constructed in accordance with the approved plans. A copy of the certificate and works as executed plans shall be supplied to the Certifying Authority.

 

69.       Work-as-Executed Plan. A Work-as-Executed plan is to be submitted to the Principal Certifying Authority (PCA) and to Lane Cove Council if Council is not the nominated PCA.

 

The Work as Executed plan:

 

(a)        Shall be signed by a Registered Surveyor, &

(b)        Shall clearly show the surveyor’s name and the date of signature, &

(c)       Shall be in accordance with Council’s standards and specifications for

           stormwater drainage.

(d)        Is to include details of the storm water drainage system

 

70.       On-site Stormwater Detention Certification. The submission of certification by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to prior to the issue of the Occupation Certificate.

 

71.       On-Site Stormwater Detention System - Marker Plate.  Each on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s ‘standards and specifications for stormwater drainage’. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed Lane Cove OSD certification form.

 

72.       Positive Covenant - (OSD).  Documents giving effect to the creation of a Positive Covenant over the on-site stormwater detention system shall be registered on the title of the property. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The wording of the terms of the Positive Covenant shall be in accordance with Council’s standards and specifications for stormwater drainage and On-site Detention Systems. The documents prepared shall be submitted to Council prior to registration with the Land and Property Information and prior to the issue of the Occupation Certificate.

 

 

The Mayor declared the motion carried unamiously.

 

Adjournment

145

RESOLVED on the motion of Councillors Longbottom and Gaffney that the Council Meeting be adjourned at 8.20pm, to allow the commencement of the Planning and Building and Services Committee meetings.

 

The Mayor declared the motion carried unamiously.

 

Resumption

 

The meeting resumed at 8.21pm.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 5 MAY 2008

146

RESOLVED on the motion of Smith and Teirney that the minutes of the Ordinary Council meeting held on the 5 May 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

147

RESOLVED on the motion of Smith and Teirney that the minutes of the Ordinary Council meeting held on the 5 May 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 27

SUBJECT: Council and Committee Meeting Schedule - June 2008

148

RESOLVED on the motion of Councillors Longbottom and D'Amico that the Council and Committee Meeting Schedule for June 2008 be adopted with the addition of an Inspection Committee on the 31 May and the following apploligies for the meetings be received and accepted:-

  • Councillor Smith - 31 May, 2 June and 16 June
  • Councillor Tudge - 16 June
  • Councillor Freedman – 31 May
  • Councillor Teirney – 31 May

 

 

The Mayor declared the motion carried unamiously.

 

Matter of Urgency

149

RESOLVED on the motion of Councillors Longbottom and Freedman that Council consider a motion in relation to the means-testing of Solar Panel Rebates.

 

 

The Mayor declared the motion carried unamiously.

 

The Mayor ruled the motion to be a matter of urgency.

 

MEANS-TESTING OF SOLAR PANEL REBATES

150

RESOLVED on the motion of Councillors Freedman and Tudge that Council:-

 

1.         Write to the Prime Minister, Mr Kevin Rudd, the Treasurer Mr Wayne Swan, Senator Penny Wong, and the Minister for the Environment, Mr Peter Garrett in the following terms:-

 

            While Council acknowledges the budget allocations to address climate change matters, Council condemns the government’s decision to means test the rebate on solar panels and requests that the means test be abolished immediately for the following reasons:-

 

1.      Solar Panels are very expensive, and even in the more affluent communities incentives are required to encourage take up as the upfront cost is high and the pay back period from the panels is lengthy.

2.      Councils have undertaken various 'Green Initiatives' and the rebates are part of the overall package to encourage the community to improve its sustainability.

3.      Generating momentum to have the community invest in improving sustainability requires many small steps, the means-testing of the rebate counteracts the impetus for change in this relatively early period of their use.

4.      Every additional solar panel increases community awareness of their value and raises the general peer pressure to utilise them. It is important they become accepted as an everyday item, not the exception,  and there needs to be incentives for early adopters.

5.      The photovoltaic industry needs to be supported as it is still in its infancy.There is the opportunity to establish domestic expertise in the industry to be leaders in the field and generate a significant market to encourage competition to reduce prices and product development.

 

2.         Write to the Local Member, Mr Joe Hockey and the Leader of the Opposition Dr Brendan Nelson, enclosing copies of the letter outlined in 1 above, acknowledging the Opposition’s objection to the means test and seeking their support to have the means-test dropped.

 

3.         Seek the support of NSROC on this matter.

 

 

The Mayor declared the motion carried unamiously.

 

 

 

 

 

 

 

 

Corporate Services Division Report No. 29

SUBJECT: Policy Manual Review - Stage 2

151

RESOLVED on the motion of Councillors Tudge and Smith that Council:-

 

1.   Amend the policies in the Policy Manual that are listed in attachment AT-1 – Lane Cove Council Policy Manual Review 2008 Stage 2 dated 14 May 2008 as shown in that Attachment, subject to policy D03012 beind amended to retain the limit of $5 million before a model is required.

2.   In relation to Policy No. D01006, use of Council’s logo, delete parts 2 and 4.

 

 

The Mayor declared the motion carried unamiously.

 

Corporate Services Division Report No. 30

SUBJECT: 3rd Quarter Review of 2007-2010 Management Plan

152

RESOLVED on the motion of Councillors Smith and Tudge that the Third Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

The Mayor declared the motion carried unamiously.

 

Corporate Services Division Report No. 32

SUBJECT: 3rd Quarter 2007-2008 Budget Review

153

RESOLVED on the motion of Councillors Tudge and Smith that the 2007 - 2008 Budget be varied in terms of this report.

 

 

The Mayor declared the motion carried unamiously.

 

Corporate Services Division Report No. 34

SUBJECT: Goods and Services Tax Certificate of Compliance

154

RESOLVED on the motion of Councillors Smith and Gaffney that a Certificate of Compliance for Council’s GST obligations be signed by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer for the period 1 May 2007 to 30 April 2008.

 

 

The Mayor declared the motion carried unamiously.

 

Human Services Division Reports

 

Human Services Division Report No. 8

SUBJECT: Public Libraries NSW - Country (PLC) 2008 Conference

155

RESOLVED on the motion of Councillors Longbottom and Gaffney that Councillor Win Gaffney attend the Public Libraries NSW – Country Association Conference, The Power of Place to be held at Tamworth 29 July to 1 August 2008.

 

 

The Mayor declared the motion carried unamiously.

 

Mayoral Minute No. 2

SUBJECT: Thanking Don Fearon for 25 years of service to Pottery Gardens Retirement Units.

156

RESOLVED on the motion of Councillors Longbottom and Tudge that Council receive and note this report and that a letter be sent to Mr Fearon with thanks for his very valued service to our community.

 

 

The Mayor declared the motion carried unamiously.

Question Without Notice

 

Could the General Manager please provide a report regarding the Air Quality Monitoirng Stations put in place to trace air quality before the opening of the tunnel and the after. What have been the results to date?

 

 

CLOSE

 

The meeting closed at 8.53pm.

 

Confirmed at the Ordinary Council Meeting of 2 June, 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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