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Late Agenda

Ordinary Council Meeting

2 November 2009

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 2 November 2009 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Win Gaffney. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 2 November 2009

 

TABLE OF CONTENTS

 

 

 

 

 

 

General Managers Reports

 

2.       General Managers Report No. 30

SUBJECT: Delegations with respect to to the Lane Cove Market Square  

 

 

 

 

                  


Ordinary Council Meeting 2 November 2009

 

General Managers Report No. 30

 

 

 

 

 

Reference:    General Managers Report No. 30

Subject:          Delegations with respect to to the Lane Cove Market Square    

Record No:    SU1460 - 43712/09

Author(s):       Peter Brown 

 

 

Executive Summary

 

This report deals with the execution of documents associated with the registration of the Stratum Plan of subdivision, Building Management Plan, S88B Instrument and related matters.

 

Background

 

At the ordinary Meeting of 24 June 2004, Council resolved to enter into a Deed with Woolworths Limited and Fabcot P/L and it authorised the Mayor and General Manager to execute the deed and attach the seal. 

 

The Deed was signed on 6 July 2004.

 

The parties agreed to be bound by the terms of the Deed and to the context of the strata plan, strata management statement and S88 B instrument.

 

At its ordinary meeting on 2/10/2007 Council authorised the General Manager to vary the commercial terms in the development deed to replace the residential component with a gymnasium.

 

Discussion

 

To remove any doubt in respect of my ability to act on behalf of Council in determining that the Stratum Plan, Building Management Statement, and S88B instrument are in order, it is recommended that a specific delegation be made in respect of acting on behalf of Council.

 

While Council has agreed to be bound by the provisions of the deed, the 2 Leases (supermarket and retail, and gymnasium) and the Building Management Statement require execution with the seal of Council being affixed.

 

A review of the delegations associated with this project revealed that for abundant caution, clarification of authorizations will better enable the necessary documents to be executed as intended.

 

It is therefore recommended that the Mayor and General Manager be authorized to execute and affix the seal of Council to the leases, Stratum Plan, building management statement, S88B instrument and other documents associated necessary to be registered in relation to the stratum subdivision of the Lane Cove Market Square and leases with Woolworths as contemplated in the varied development deed


 

Recommendation

 

 

RECOMMENDATION

 

That:-

 

1.   The General Manager be delegated authority to act on behalf of Council in approving the Stratum Plan, Building Management Statement, S88B instrument and related documents prior to registration; and

 

2.   Council authorise the Mayor and General Manager to execute and affix the seal of Council to the leases, Stratum Plan, building management statement, S88B instrument and related documents necessary to be registered in relation to the stratum subdivision of the Lane Cove Market Square and leases with Woolworths as contemplated in the varied development deed.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.