Council Minutes 16 December 2013
21.2 Building Modification Works: Allotment 101 Kirkham Road, Ashbourne (Confidential)
Moved Cr Oliver seconded Cr Gartrell:
That pursuant to Sections 90 (2) and (3) (a) and (h) of the Local Government Act 1999, the Council orders that the public be excluded from the meeting with the exception of the Chief Executive, General Managers, Governance Administration Officer, Communications Officer, Minute Taker and the officer responsible for the report, on the basis that the Council considers it necessary and appropriate to act in a manner closed to the public in order to receive, discuss and consider information by way of a report and associated documents in relation to agenda item 21.2 Confidential Item for Review - Building Modification Works : Allotment 101 Kirkham Road, Ashbourne and the Council is satisfied that the meeting should be conducted in a place open to the public is outweighed in relation to the matter because receiving, considering and discussing the report and associated documentation contains/involves:
[a] information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)
[h] legal advice
Substantiation:
Dwelling Modification: Allotment 101 Kirkham Road, Ashbourne has not proceeded at this stage. Information should not be made public until such time that this matter has settled or agreement has been achieved between both parties.
CARRIED
Officer Resp. for Report: Stewart Ratcliff (Infrastructure Manager)
Mayor McHugh left the Chambers at 7.29pm
Cr Woolford took the Chair at 7.29pm
Mayor McHugh returned to the Chambers at 7.32 and resumed the Chair
ACM13469 Moved Cr Davis seconded Cr Gardner:
1. That Council authorise the Mayor and Chief Executive to sign and seal the tabled legal Agreement with Mr Peter Kane / Ms Raechel Lee Smith as the property owner, for the building modification works upon Allotment 101 (#7) Kirkham Road, Ashbourne.
2. That subject to Recommendation 1 being approved, the Council authorise the General Manager, Environment and Infrastructure Division to make a total payment of one hundred and eleven thousand, one hundred and ninety four dollars ($111, 194 Inc. GST) to the owner of Allotment 101 (#7) Kirkham Road, Ashbourne in strict accordance with the terms documented within the legal Agreement.
3. That Council authorise the Mayor and Chief Executive to sign and seal the Grant of Easement documentation associated with the creation of the drainage easement upon Allotment 101 (#7) Kirkham Road, Ashbourne.
4. That Council does not authorise payment for the property owner’s request for an additional financial sum of eight thousand, five hundred and three dollars ($ 8, 503 Inc. GST).
5. That pursuant to Sections 91 (7) and (9) of the Local Government Act 1999, the Council orders that the minutes of the Council meeting held on 16 December 2013 in relation to Building Modification Works – Allotment 101 Kirkham Road, Ashbourne (Confidential) and the information by way of a report and any associated attachments thereto remain confidential and not available for public inspection for a period of twelve months from the date of this meeting or a lessor period as determined by the Chief Executive.
That Stewart Ratcliff be the responsible officer to review this Item at the end of the Confidential period.
CARRIED UNANIMOUSLY