Byron Shire Reserve Trust Committee Meeting
Thursday, 5 February 2015
Byron Shire Reserve Trust Committee Minutes
The following items are listed in the order in which they were dealt with.
Byron Shire Reserve Trust Committee Minutes 5 February 2015
S Richardson (Mayor), Cr C Cubis, Cr D Dey, Cr A Hunter,
Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and Cr D Woods
Staff: Mark Arnold (Acting General Manager)
Trish Kirkland (Acting Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Shannon McKelvey (Executive Manager Organisation Development)
Kylie Grainey (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
There was no public access
There were no apologies.
There were no Declarations of Interest.
File No: I2014/161
(a) that Crown Lands (as Lessor) has not provided its consent to the calling of tenders to establish a new lease/management agreement;
(b) the specialised nature of pool management means that there are limited persons with sufficient experience and skill; and
(c) a tenure of twenty-four (24) months would be unlikely to result in commercially acceptable tenders.
2. Delegate the General Manager to negotiate and finalise a new lease/management agreement for the Complex with the current lessees/managers (Fishheads@Byron Pty Ltd) on a “without admission”, “without prejudice” and “without obligation” basis and subject always to all necessary approvals from external agencies being obtained.
3. Endorse the proposed lease/management agreement for the Complex on the same basis of the current deed of agreement with the following changes:
(a) 24 month term, commencing 1 July 2015 and terminating on 30 June 2017,
(b) Rent determined via market valuation and indexed where necessary,
(c) Management Fee will be indexed where necessary.
subject to meeting all statutory requirements relating to any new lease including public notice and public consultation processes, obtaining approval of the Minister of Lands, as well as the Minister for Local Government if necessary.
4. That the lease/management agreement be subject to the following:
a) the lessees releasing Council, as Reserve Trust Manager, from all (real or perceived) claims, damages, liability, actions or the like, arising from anything to do with the tender of the Complex, leases or generally their occupation of the Byron Bay War Memorial Swimming Pool Complex at any time, such release to be in writing to the satisfaction of the General Manager and Council’s solicitors; and
b) the lessees personally guaranteeing that they will vacate the premises by the end date of the proposed new lease, namely 30 June 2017, and indemnifying Council as the Reserve Trust Manager, from all claims, damages, actions, liability or the like in the event that they do not so vacate the premises.
The motion was put to the vote and declared carried.
There being no further business the meeting concluded at 2.15pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on .
Mayor Simon Richardson