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Hamilton City Council and Charn Ming Leong and Chuan Yee Leong of Hamilton

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Hamilton City Council and Charn Ming Leong and Chuan Yee Leong of Hamilton Council 24 September 2008 - OPEN Minutes of a meeting of the Council – OPEN Time and date: 7.30pm, Wednesday, 24 September 2008. Venue: Council Chamber, Garden Place, Hamilton. Council Members: His Worship the Mayor Mr R Simcock (Chairperson) Councillors D L Bell P A Bos G D Chesterman G Di Maio J R Gower R E Hennebry D G Macpherson P M Mahood A R O’Leary G M Saunders In Attendance: Chief Executive, Deputy Chief Executive, General Manager Communication & Marketing, General Manager Community Services, General Manager Environmental Services, General Manager Organisational Development and General Manager Works & Services. Committee Advisors: Mr A J Dick and Ms F M Yates Apologies: Councillors Gregory and Westphal (Crs Saunders/Di Maio) Resolved: That the apologies be accepted. 1. Confirmation of Agenda The Council to confirm the agenda. Resolved: (Crs Hennebry/Bell) That the agenda be confirmed. 2. Confirmation of Minutes The Council to confirm the open minutes of the Ordinary Council Meeting of 13 August 2008 and Extraordinary Council Meeting of 17 September 2008. COUNCIL 24 SEPTEMBER 2008 - OPEN Page 1 of 6 Council 24 September 2008 - OPEN Resolved: (His Worship the Mayor/Cr Mahood) That the open minutes of the Ordinary Council Meeting of 13 August 2008 and Extraordinary Council Meeting of 17 September 2008, the copies having been circulated, be adopted as a true and correct record. 3. 49/13/22. Confirmation of Sealed Documents The Council to confirm the schedule as follows: i) Swarbrick a) 40/7. Memorandum of Deed of Renewal of Lease in respect of Dixon property located at Masters Avenue Takeaways, 58 Masters Avenue, Hillcrest, Hamilton, between Hamilton City Council and Charn Ming Leong and Chuan Yee Leong of Hamilton. b) 40/7. Memorandum of Deed of Lease in respect of property located at Masters Avenue Pharmacy, 58 Masters Avenue, Hillcrest, Hamilton, between Hamilton City Council and Masters Avenue Pharmacy Limited. c) 40/7. Memorandum of Deed of Lease in respect of property located at 1 Ward Street, Hamilton, between Hamilton City Council and Lotus Foreign Exchange Limited, Auckland. d) 40/7. Memorandum of Deed of Lease/Lease Instrument in respect of property located at 5 Cross Roads Shopping Centre, Hamilton, between Hamilton City Council and Body Corporate S68671, Colliers International. e) 40/7. Memorandum of Deed of Lease in respect of property located at 50 Pembroke Street, Hamilton, between Hamilton City Council and Toku Mapihi Maurea Kohunga Reo. f) 40/6. Memorandum of Encumbrance Registration in respect of property located at 27 Rifle Range Road, Hamilton, between Hamilton City Council and Railside Trust. g) 40/6. Memorandum of Agreement in respect of the collection at Waikato Museum of Art & History between Hamilton City Council and the Waikato Bequests Trust. h) 40/6. Memorandum of Covenant pursuant to Section 108 of the Resource Management Act 1991 in respect of property located at 1 & 3 Clifton Road, Hamilton, between Hamilton City Council and S J Chatwin & P R Dickey, M R & G M Gregory and P D & K A Lissington. i) 40/6. Memorandum of Encumbrance Instrument in respect of property located at 14 Ruakura Road/82 Peachgrove Road, Hamilton. j) 40/6. Memorandum of Loan Extension and Repayment between Hamilton City Council and CTC Aviation NZ Limited. COUNCIL 24 SEPTEMBER 2008 - OPEN Page 2 of 6 Council 24 September 2008 - OPEN k) 40/6. Memorandum of Transfer of Lots, Discharge of Encumbrance, Easements in Gross in respect of property located at St Petersburg Subdivision – Stages 4 & 5, Hamilton, between Hamilton City Council and Featherstone Park Developments Limited. l) 40/6. Memorandum of Transfer Document in respect of property located at The Dales Subdivision, Hamilton, between Hamilton City Council and Tranz Group Limited. m) 40/6. Memorandum of Easement Instrument to Surrender Easement & Easement Instrument to Grant Easement in respect of property located at 34 Maui Street, Hamilton (Lots 1 & 2 DP 331658), between Hamilton City Council and Philip Leather Builders Limited. n) 40/6. Memorandum of Encumbrance Instrument to in respect of property located at 445-451 Te Rapa Road, Hamilton, between Hamilton City Council and Takanini Rentors Limited. o) 40/6. Memorandum of Encumbrance Registration in respect of property located at 99-101 Greenwood Street, Hamilton, between Hamilton City Council and Pragma Holdings/Rossco’s Expresso Limited. p) 40/6. Memorandum of Easement Instrument to Grant Easement in respect of property located at St James Drive, Hamilton, between Hamilton City Council and Callum Brae Tainui Limited. Resolved: (Crs Gower/Bell) That the documents be approved. ii) Deputy a) 40/6. Memorandum of Mortgage Variation Instrument in Chief Executive respect of property located at 560 Te Rapa Road, Hamilton, between Hamilton City Council and Rice Craig Barristers & Solicitors b) 40/6. Memorandum of Agreement for the Stopping & Disposal of Road in respect of property located at Karewa Place, Hamilton, between Hamilton City Council and Larkin Land Limited & Gull Holdings Limited. c) 40/6. Memorandum of Notice of Statutory Land Charge in respect of property located at 125 Peachgrove Road, Hamilton, between Hamilton City Council and T & J Holdings Limited. d) 40/6. Memorandum of Deed of Settlement and Sale and Purchase Agreement in respect of property located at Te Manatu Drive and Horsham Downs Road, Hamilton, between Hamilton City Council and A A Kleuskens & A A & C M Kleuskens. COUNCIL 24 SEPTEMBER 2008 - OPEN Page 3 of 6 Council 24 September 2008 - OPEN e) 40/6. Memorandum of Compensation Certificate in respect of property located at Horsham Downs Road, Hamilton, between Hamilton City Council and A A Kleuskens & A A & C M Kleuskens. Resolved: (Crs Gower/Bell) That the documents be approved. COUNCIL 24 SEPTEMBER 2008 - OPEN Page 4 of 6 Council 24 September 2008 - OPEN Resolution to Exclude the Public Section 48, Local Government Official Information and Meetings Act 1987 Resolved: That the public be excluded from the following parts of the proceedings of this meeting, namely consideration of the public excluded agenda. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: General subject of Reasons for passing this Ground(s) under section each matter to be resolution in relation to 48 (1) for the passing of considered each matter. this resolution 1. Variation No. 11 ) Good reason to withhold Section 48 (1) (a) Hayes Paddock Special ) information exists under Character Area ) Section 7 Local Government ) Official Information and 2. Events Sponsorship ) Meetings Act 1987 Subcommittee Public ) Excluded Minutes ) ) 3. Extension of New Ruffell ) Road ) ) 4. Purchase of Land for ) Road Upgrade ) ) 5. Purchase of Land for ) Road Widening ) ) 6. Management Strategy ) ) 7. Economic Development ) Agency Funding ) ) 8. Overdue Debtors Report ) to 31 June 2008 ) ) 9. Bad Debts Write Offs ) 2007/08 ) ) 10. Municipal Endowment ) Fund Properties ) ) 11. Approval for Bad Debt ) to be Written Off ) ) 12. Investment Structuring ) ) 13. Hamilton Area Citizens ) Advice Bureau - ) Lease Application ) ) 14. Activity Report – ) His Worship the Mayor ) COUNCIL 24 SEPTEMBER 2008 - OPEN Page 5 of 6 Council 24 September 2008 - OPEN This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as follows: Item 1. On the grounds of right of appeal lies to Section 7 (2)(a)(i) to any Court or Tribunal against the final decision of the Local Authority in this matter. Item 2 To protect the privacy of natural persons & Section 7 (2) (a) To prevent the disclosure or use of official Section 7 (2) (j) information for improper gain or improper advantage Item 3 To enable Council to carry out negotiations Section 7 (2) (i) Item 4 To enable Council to carry out negotiations Section 7 (2) (i) Item 5 To enable Council to carry out negotiations Section 7 (2) (i) Item 6 To avoid prejudice to measures protecting the health or safety of members of the public and to enable Council to carry out negotiations Section 7 (2) (i) Item 7 To enable Council to carry out negotiations Section 7 (2) (i) Item 8 To protect the privacy of natural persons Section 7 (2) (a) & and to enable Council to carry out Section 7 (2) (h) negotiations. Item 9 To protect the privacy of natural persons Section 7 (2) (a) & and prevent the disclosure or use of official Section 7 (2) (j) information for improper gain or improper advantage. Item 10 To prevent the disclosure or use of official Section 7 (2) (j) information for improper gain or improper advantage. Item 11 To protect the privacy of natural persons Section 7 (2) (a) & and prevent the disclosure or use of official Section 7 (2) (j) information for improper gain or improper advantage. Item 12 To prevent the disclosure or use of official Section 7 (2) (j) information for improper gain or improper advantage. Item 13 To enable Council to carry out negotiations Section 7 (2) (i) Item 14 To protect the privacy of natural persons Section 7 (2) (a) COUNCIL 24 SEPTEMBER 2008 - OPEN Page 6 of 6 .
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