Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (78)
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(c) enter into negotiations to develop the ‘Participation Agreement’ and the
‘Lease’ documentation, incorporating the inclusion of amendments/
recommendations as provided in Annexure 5(h); and
(d) that a revised ‘Participation Agreement’ and ‘Lease’ be reported to Council
for further consideration.
3. That this report and annexures of the closed part of the meeting remain
confidential until the lease is executed.
4. That Council note in Table 1 of Management Cost Comparison of the report the
word “offer” in column 2 is changed to read “cost to Council” and relates to detail
contained in annexure 5(i) being Debt Servicing, Indirect Costs and Insurance
and Rates and Charges.
Negotiations
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Council’s Acting General Manager, Executive Manager Community Infrastructure, Executive
Manager Corporate Management and Acting Executive Manager Society and Culture met with the
Chief Executive Officer of Police and Community Youth Club NSW (PCYC) on 26 July 2012 at
Council’s Administration Building to commence negotiations over on the documents. A site visit of
the facility was also undertaken at that time. Since then Council has continued with negotiations but
so far has been unable to reach agreement on terms that would be likely to be acceptable.
On 20 February 2013 Council received revised draft documents from the PCYC. Council staff
cross checked the revised documents and a summary table of items which had not been included
in the draft documents is attached at Confidential Annexures 16(a) and (b). There are still
significant differences which have not been able to be resolved.
Some of the key components of the draft proposed PCYC Lease document included:
1. Term – 20 years (10+10).
2. Exercise of Option – Entirely at discretion of PCYC with no performance criteria or choice on
Council’s behalf.
3. Rent - $1 for the term of the Lease.
4. No profit incentives or profit sharing proposed.
5. Premises – the whole of the Multi Purpose Facility and the outdoor hardcourts at the Byron
Regional Sport and Cultural Complex.
6. Proposed Use – Operation as a Police Citizens Youth Club including activities associated
with the promotion of youth development, promotion of individual and community
participation in sport and the promotion and development of programs to reduce crime, the
providing of a centre for community groups sporting, cultural and community activities and
events and other forms of not for profit public entertainment and any other activities required
to meet the objectives of the PCYC.
7. Expenses – the PCYC would have been responsible for electricity, gas, water, telephone and
other services.
8. Emergency Use of the Premises – it was proposed that the facility would be made available
for evacuation and accommodation services during times of natural disaster; and for use in
the case of the loss of Council’s main offices.
9. The minimum operating hours were proposed between 9.00 to 21.00 Monday to Friday, and
between 9.00 to 17.00 on Saturday and Sundays.
10. Maintenance and Repairs – the PCYC were to be responsible for keeping the premises in
good repair and condition, tidy, clean and free of rubbish, free from pests and replace glass if
damaged.
Ordinary Meeting Agenda 09/05/13