Council Minutes 15th August 2011

31.5Fleurieu Regional Aquatic Centre

Moved Cr Featherston seconded Cr Parkes:

That pursuant to Sections 90 (2) and (3) (d) 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 Manager Governance, Governance Officer, General Manager Health & Community Development, General Manager Infrastructure Planning & Design, General Manager Finance & Corporate Services, General Manager Planning & Development, General Manager Engineering Services, Communications Officer 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 34.2 and the Council is satisfied that the principle 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 on 34.2 Fleurieu Regional Aquatic Centre and associated documentation contains/involves:

(d)Commercial information of a confidential nature, the disclose of which-

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would on balance, be contrary to the public interest.

The Chief Executive provided the Council with an update in relation to the Development Agreement between the Alexandrina Council, City of Victor Harbor and Candetti Property Partners.

The Council received advice that theMayor and Chief Executive together with the Victor HarborMayor and City Managerhad met withWallmans Lawyers onFriday 12th August.

Themeeting was for the purpose of considering any potential exposure of the Councils in the circumstances where the extended Development Agreement expired, by effluxion of time, on 31 July 2011.

The Council'swill now as a matter of urgency write to Candetti Property Partners withthe clear objective of placing on the record that each Council considers the Development Agreement, as extended, to have expired and that there is no extended Agreement or new Agreement in place.

The Council resolved to receive the report and endorse the proposed actions.