Council Meeting 15 June 2015
15.3
Loan Variation - Goolwa Aquatic Club (Confidential)
ACM15252
Moved Cr Brazzalotto seconded Cr Gartrell:
That pursuant to Sections 90 (2) and (3) (b) (i) (ii) 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, 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 15.3 Loan Variation – Goolwa Aquatic Club, 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:
(3) (b) information the disclosure of which –
(i) could reasonably be expected to confer a commercial advantage
on a person with whom the council is conducting, or proposing
to conduct, business, or to prejudice the commercial position of
the council; and
(ii) would, on balance, be contrary to the public interest;
Substantiation:
To allow confidential evaluation of a variation of the loan agreement between
Alexandrina Council and the Goolwa Aquatic Club Inc.
CARRIED UNANIMOUSLY
ACM15253
Moved Cr Davis seconded Cr Featherston:
1.
That the Council enters into a Deed of Variation to the loan agreement
between the Council and the Goolwa Aquatic Club Incorporated executed
April 2012 and varied by a Deed of Variation executed in January 2013 on
substantially the terms and conditions of the draft Deed forming Attachment
15.3 to this report and including the following terms:
To reduce the loan amount to $160,011 and the terms included to enable the
loan to retain its character as a principal and interest loan.
CARRIED
ACM15254
Moved Cr Brazzalotto seconded Cr Woolford:
2.
That the Mayor and Chief Executive be authorised to sign and affix the
Council’s Common Seal (where necessary) to the Deed described in
paragraph 1 of this Resolution and all documents related to, or required to
give effect to that Deed.
3.
That pursuant to Sections 91(7) and (9) of the Local Government Act
1999 (SA) (Act), the Council orders that the report, minutes, attachments and
Council Meeting 15 June 2015
associated documents of the Council meeting held on 15 June 2015 in relation to
confidential item number 15.3 and titled Loan Variation - Goolwa Aquatic Club,
having been considered and dealt with by the Council on a confidential basis
under Part 3 of the Act, are to be kept confidential and not available to the public
for a period of twelve months from the date of this confidentiality order, or unless
revoked earlier by the Chief Executive in accordance with paragraph 2 of this
resolution, on the basis that they contain the following information or matter:
3.1 information the disclosure of which would involve the unreasonable
disclosure of information concerning the person affairs of any
person (living or dead);
3.2 confidential information of a confidential nature (not being a trade
secret) the disclosure of which 3.2.1 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
3.2.2 would, on balance, be contrary to the public interest;
as these documents contain information relating to the confidential
evaluation of a variation of the loan agreement between
Alexandrina Council and the Goolwa Aquatic Club Inc; and
3.3 legal advice.
4.
That pursuant to section 91(9)(c) of the Act the Council delegates to the
Chief Executive the power to revoke the order made in paragraph 1 of this
resolution at any time.
CARRIED UNANIMOUSLY