PART C - OTHER BUSINESS AND CLOSING PROCEDURES
3. CONFIDENTIAL ITEMS
RESOLVED UNANIMOUSLY that the Council meet behind closed doors, having regard to the provisions of s.5.23(2) of the Local Government Act 1995.
(Cr Kiely – Cr McNamara)
All members of the public and media left the Chamber at 8.52pm and did not return.
RESOLVED UNANIMOUSLY that the reports of Council in Part C of the Agenda not withdrawn be received and the recommendations therein adopted:
C3.1 - Compulsory Acquisition - Multiple Lots (Stock Road Upgrade and Extension)
C3.3 - Nomination for Position of Honorary Freeman of the City
C3.4 - Acquisition by Agreement - Portion Lot 66 (No.186) Park Street, Henley Brook (Henley Brook Avenue Extension)
(Cr Parry - Cr Jones)
C3.1 COMPULSORY ACQUISITION - MULTIPLE LOTS (STOCK ROAD UPGRADE AND EXTENSION)
Ward: (Pearce Ward) (Asset Management) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (h) such other matters as may be prescribed
(Regulation 4A of the Local Government (Administration) Regulations 1996 - The Determination by the local government of a price for the sale or purchase of property by the local government, and the discussion of such a matter)
RECOMMENDATION That the Council resolve to:
2) Indemnify the Minister for Lands against any claims for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request for the compulsory acquisition.
3) Authorise the CEO to accept responsibility for arranging all necessary funding required to meet any compensation payable pursuant to Parts 9 and 10 of the Land Administration Act 1997, as well as any other costs that may be payable, in relation to the acquisition of rights and interest in land.
4) Keep recommendation 1) confidential until the relevant land owners have been notified of Councils decision.
CARRIED EN BLOC
C3.2 SALE OF LAND - RATES AND CHARGES OUTSTANDING FOR MORE THAN THREE YEARS
Ward: (All Wards) (Financial Services and Rates) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(b) the personal affairs of any person
RESOLVED UNANIMOUSLY TO:
1) Defer this item to the May Ordinary Meeting of Council to give people more time to reach payment agreements with the City.
C3.3 NOMINATION FOR POSITION OF HONORARY FREEMAN OF THE CITY
Ward: (Not Applicable) (Governance and Strategy) Disclosure of Interest: Nil
Authorised Officer: (Chief Executive Officer)
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(b) the personal affairs of any person
RECOMMENDATION That the Council resolve to:
1) Support the conferral of the title of Honorary Freeman of the City of Swan on the nominee, Mrs Margaret Kidson at the Mayoral Dinner scheduled for 17 April 2021.
2) Keep this resolution confidential until the function is held.
CARRIED EN BLOC
C3.4 ACQUISITION BY AGREEMENT - PORTION LOT 66 (NO.186) PARK STREET, HENLEY BROOK (HENLEY BROOK AVENUE EXTENSION)
Ward: (Swan Valley/Gidgegannup Ward) (Asset Management) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (h) such other matter as may be prescribed
(Regulation 4A of the Local Government (Administration) Regulations 1996 - The Determination by the local government of a price for the sale or purchase of property by the local government, and the discussion of such a matter)
RECOMMENDATION That the Council resolve to:
2) Determine Part 1) of the resolution be confidential until acquisition is completed.
3) Authorise the CEO to finalise the land acquisition in accordance with section 168 of the Land Administration Act 1997.
CARRIED EN BLOC
C3.5 APPOINTMENT OF INDEPENDENT CONSULTANT - CEO PERFORMANCE REVIEW
Ward: (Not Applicable) (Governance and Strategy)
Disclosure of Interest: Mr Jeremy Edwards declared an interest in this item by virtue of him being the current incumbent of the position of CEO. Mr Edwards has confirmed that he has no personal relationship with any of the respondents.
Authorised Officer: (Manager, Governance & Strategy)
The CEO left the meeting at 8.56pm.
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting
RESOLVED (11/2) TO:
3) Keep this resolution confidential until such time as the contract has been awarded.
For: Crs Congerton, Henderson, Jones, Kiely, Lucas, McCullough, McNamara, Parry, Predovnik, Richardson and Zannino
Against: Crs Catalano and Johnson
The CEO returned to the meeting at 9.19pm.
C3.6 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF PROPOSED USE AND ASSOCIATED DEVELOPMENT FOR AN
ARTIFICIAL INSEMINATION CENTRE - LOT 1780 (NO.46) GASTON ROAD, BULLSBROOK (DA214-20)
Ward: Ward - (Pearce) (Statutory Planning) Disclosure of Interest: Nil.
Authorised Officer: (Executive Manager – Planning & Development)
Cr McCullough declared a financial interest in Item C3.6 - State Administrative Tribunal – Reconsideration of Proposed Use and Associated Development for an Artificial Insemination Centre – Lot 1780 (No.46) Gaston Road, Bullsbrook as Westpork, the owner, is a customer of her husband's business and left the meeting at 9.20pm.
Cr Congerton declared an impartiality interest in Item C3.6 - State Administrative Tribunal – Reconsideration of Proposed Use and Associated Development for an Artificial Insemination Centre – Lot 1780 (No.46) Gaston Road, Bullsbrook as Burgess Group has acted on behalf of one of his companies in the past.
Cr Congerton left the chamber at 9.19pm and returned at 9.22pm.
Cr Catalano left the chamber at 9.19pm and returned at 9.22pm
REASON FOR CONFIDENTIALITY
This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:
(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting
RESOLVED (10/2) TO:
2. The approved development must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.
3. The ‘Artificial Insemination Centre” is limited to a maximum