Agenda - Byron Shire Council - NSW Government

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BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (76) Attachments: 5 CONFIDENTIAL Summary of Issues and Recommendations #DM1261257 [29 pages].....Annexure 16(a) CONFIDENTIAL Participation Agreement and Lease – Revised documents from PCYC #E2013/21534 [13 pages] .................................................................................................... Annexure 16(b) CONFIDENTIAL Legal Advice #DM1259041, #S2013/5078 [19 pages]..............................Annexure 16(c) Ordinary Meeting Agenda 09/05/13
BYRON SHIRE COUNCIL ORDINARY MEETING 9 MAY 2013 (77) Background 5 10 15 20 25 30 At the Ordinary meeting on 28 June 2012 Council received a Confidential report on the management of the Multi Purpose Facility at the Byron Regional Sport and Cultural Complex (BRSCC) and resolved (12-544): 1. That Council note the report and the assessment of the submissions received in relation to the management of the Multi Purpose Facility at the Byron Regional Sport and Cultural Complex. 2. That Council defer consideration of entering into contractual arrangements for the multi purpose facility until the 9 August 2012 Ordinary Meeting to allow for written notification of the outcome of the expression of interest with the PCYC NSW. 3. That Council seek advice of the outcome of the expression of interest from the PCYC by 20 July 2012 including financial implications. 4. That if no written notification is received from the PCYC by 20 July 2012 in relation to the outcome of the Council's expression of interest that: a) enter into contractual negotiations with the YMCA Brisbane as the candidate considered to be the most advantageous to Council and that draft contracts be tabled at the 9 August 2012 Ordinary Meeting for consideration. b) write to the PCYC and the Minister of Police and Emergency Services to retract Council's expression of interest. On 13 July 2012, Council received a response from the PCYC NSW which included a letter of acceptance for the Council’s expression of interest, a draft Memorandum of Understanding, a draft Participation Agreement and a draft Lease to cover the centre operations. At the Ordinary meeting on 9 August 2012 Council resolved (12-636) 35 40 45 50 55 1. That in relation to the Management of the Byron Regional Sport and Cultural Complex (BRSCC) Multi Purpose Facility that; (i) Council as per s178 of the NSW Local Government (General) Regulation 2005, resolve to decline to accept the negotiated offers from Brisbane YMCA and The Consortium and that they are advised accordingly (ii) Council make public its decision in accordance with Clause 179(b) of the Local Government (General) Regulation 2005 2. That in relation to the PCYC NSW offer, Council delegate to the General Manager to: (a) settle the terms of the Memorandum of Understanding (MOU) between Council and the PCYC NSW with the intent to enter into a ‘Participation Agreement’ and ‘Lease’ of the Byron Regional Sport and Cultural Complex Multi Purpose Facility for the purpose of “providing a facility that is open to the community for use, including sports groups, cultural activities, events, meetings and festivals”; and (b) That the MOU provide for additional income to be paid to Council for special events that may be held in accordance with Council’s business plan for the facility Ordinary Meeting Agenda 09/05/13
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Agenda - Byron Shire Council - NSW Government

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