Agenda of Special - 24 December 2011

Description: Maranoa Logo Process

BUSINESS PAPER

Special Meeting

Saturday 24 December 2011

Roma Administration Centre, Cnr Bungil & Quintin Street, Roma

NOTICE OF MEETING

Date: 19 December 2011

Mayor: Councillor R S Loughnan

Deputy Mayor: Councillor T G Hartley

Councillors: Councillor J P Bartels

Councillor J L Chambers

Councillor R J Denton

Councillor M L Price

Councillor W M Newman

Councillor W S Wason

Councillor J S Watson

Chief Executive Officer: Mr Paul Bawden

Please find attached agenda for the Special Meeting to be held at the Roma on December 24, 2011 at 4.30pm.

Paul Bawden

Chief Executive Officer

Maranoa Regional Council

Special Meeting - 24 December 2011

TABLE OF CONTENTS

Item Subject

1 Welcome

2 Apologies

3 Presentations/Petitions and Deputations

4 Consideration of notices of business

5 Consideration of notices of motion

5.1 Roma Recreational Centre Management/ Lease Agreement

Prepared by: Jason Bartels, Councillor

5.2 PCYC Lease Arrangements

Prepared by: Jason Bartels, Councillor

6 Business

6.1 Lease of the Roma-Bungil Community Youth Recreation Centre

Prepared by: Matthew McGoldrick, Director of Corporate Services

Attachment : General Meeting - 14 December 2011 - Roma-Bungil Youth Recreation Centre - 35 Gregory Street Roma - Lease offered to PCYC

7 Confidential Items

Closure

Maranoa Regional Council

Special Meeting - 24 December 2011

Councillor Notice of Motion

Meeting: Special 24 December 2011	Date: 19 December 2011
Item Number: 5.1	File Number: D11/38221

SUBJECT HEADING: Roma Recreational Centre Management/ Lease Agreement

Classification: Open Access

Author & Councillor’s Title: Cr Jason Bartels

Executive Summary:

Councillor Notice of Motion.

Councillor’s Recommendation:

That Council extend the current leasee’s term to the 30/06/12, and IMMEDIATELY take action to

1. Draft up a management agreement and a formal lease with performance criteria and set benchmarks for performance, and a rectify or terminate clause for any under performance or problems. Have the agreement/lease drafted by a professional who deals with these type of contracts every day. Council to approve the drafted management/lease agreement, then

2. Advertise the lease of the Roma Recreational Centre to the public and call for expressions of interest from parties wanting to lease the facility under the guidelines of our management/lease agreement.

3. Any interested parties including PCYC can submit their proposals for the Roma Recreational Centre. All proposals are to be based on merit. Council award the lease to the new operator using the set criteria in the management/lease agreement and by what they consider to be the best outcome for the community.

4. The new lease is to take effect from the 1/07/12.

Background:

The current process of granting the lease of the Roma Recreational Centre to PCYC, has caused a great deal of unrest in the community and council. The proposed recommendation is to set in place a fair and equal process for the granting of a new lease agreement for the Roma Recreational Centre, and also to provide Council with a definite management and lease agreement and to allow an adequate time frame for all interested parties to present their management proposals for the Roma Recreational Centre to Council.

Supporting Documentation:

Nil

Notice prepared by: Cr. Jason Bartels

Maranoa Regional Council

Special Meeting - 24 December 2011

Councillor Notice of Rescission

Meeting: Special 24 December 2011	Date: 19 December 2011
Item Number: 5.2	File Number: D11/38223

SUBJECT HEADING: PCYC Lease Arrangements

Classification: Open Access

Author & Councillor’s Title: Cr Jason Bartels

Original Resolution Meeting Date: 19^th January, 2011

Resolution Number: GM.30.11.

Resolution:

That Council resolves to offer the Police-Citizen Youth Welfare Association (PCYC) the first refusal for the lease of Roma Recreational Centre upon expiry of the current lease;

Rescission Recommendation:

That Council rescind resolution number GM.30.11 stating:-

That Council resolves to offer the Police-Citizen Youth Welfare Association (PCYC) the first refusal for the lease of Roma Recreational Centre upon expiry of the current lease;

Councillor’s Recommendation:

That Council rescind the resolution GM.30.11 and replace with the alternative motion presented by Cr Bartels, for the calling of the open lease for the Roma Recreational Centre, that was presented and voted for and passed 6/3, at the General Meeting 14/12/11.

Supporting Documentation:

Nil

Notice prepared by: Cr. Jason Bartels

Maranoa Regional Council

Special Meeting - 24 December 2011

Officer Report

Meeting: Special 24 December 2011	Date: 19 December 2011
Item Number: 6.1	File Number: D11/38212

Subject Heading: Lease of the Roma-Bungil Community Youth Recreation Centre

Classification: Open Access

Name of Applicant:

Location: Gregory Street Roma

Author & Officer’s Title: Matthew McGoldrick, Director of Corporate Services

Executive Summary:

Due to legal advice Councillors have been requested to attend a special meeting of Council with 5 days notice to enable resolutions that relate to the lease of the Roma-Bungil Community Youth Recreation Centre.

Officer’s Recommendation:

That Council consider its position on the lease of the Roma-Bungil Community Youth Recreation Centre.

Body of Report:

The attached report was put forward to Council with a recommendation. The voting on the recommendation was 6/3 not in favour of the recommendation. Subsequent to this Councillors proposed another motion without notice. That motion in effect, seeks to repeal the motion of Council made 19^th January, 2011 to “grant PCYC the first right of refusal” to the lease of the Recreation Centre.

Subsequent to the Council meeting advice was obtained from James Neilson at King and Company. That advice is attached. Based on that advice Council’s only option is to move as quickly as possible and seek to ratify that decision of Council.

The relevant Section of the Local Government Act and Regulations is:

Local Government (Operations) Regulation 2010

Section 59 Repeal or amendment of resolutions

A resolution of a local government may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made.

The timing of the meeting and of the repeal resolution are not the same within the Local Government Act. The repeal resolution notice is 5 days but the Special meeting of Council is only 2 days, however to permit the required notice of the repealing resolution 5 days was allowed for this meeting.

Local Government (Operations) Regulation 2010

Section 55 Notice of meetings

(1) Written notice of each meeting or adjourned meeting of a local government must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to

give the notice.

(2) The written notice must state—

(a) the day and time of the meeting; and

(b) for a special meeting—the object of the meeting.

(3) A special meeting is a meeting at which the only business that may be conducted is the business stated in the notice of meeting.

(4) Despite subsection (1), the written notice must be given to each councillor of an indigenous regional council at least 4 days before the day of the meeting unless it is impracticable to give the notice.

Consultation (internal/external):

Chief Executive Officer and Directors

James Neilson, King and Company Solicitors

Risk Assessment (Legal, Financial, Political etc.):

That Council proceed to act based on a resolution that is “ultra vires”.

Any subsequent action of this resolution may be invalid if it is not made

properly.

Policy Implications:

Compliance with the Local Government Act 2009 and Regulations

Financial Resource Implications:

Potential for legal action from Council’s unauthorised actions.

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.2.4(a) To maintain and present Council’s community facilities in a manner appropriate to the standard expected by users for each respective facility within budgetary constraints whilst considering organisational sustainability.

Supporting Documentation:

1 View

General Meeting - 14 December 2011 - Roma-Bungil Youth Recreation Centre - 35 Gregory Street Roma - Lease offered to PCYC

D11/35995

Report authorised by:

Paul Bawden, Chief Executive Officer

Body of Report:

On the 19^th January, 2011 Council resolved to give the PCYC the first right of refusal over the lease of the Recreation Centre when the current lease ends on the 17^th February 2012. Since the January date the PCYC have met with Council on three separate occasions to discuss PCYC’s requirements and to determine what arrangements needed to be put in place for the transition to be as smooth as possible.

A community meeting was held on the 13^th October 2011 to gather the interest from the community of any group who may want to be on the Committee that would organise activities at the Centre.

Negotiations are at the point where the current lease could be used as a base for the final draft of the lease. The responsibilities on the lessee and the lessor would be the same or similar to the current operations of the Centre.

The current lessee has leased or renewed the lease since 2004. The arrangements have varied little between each of the leases. The only change has been the payment arrangements.

- The 2004 to 2006 lease document could not be located. The 2007 to 2009 lease indicates that Council paid the lessee a management fee of $15,760 per annum for the three years of the lease. During this time Council could have received a $1 peppercorn rent per annum.

- The 2009 to 2012 lease indicates that Council was not required to pay any management fee. During this time Council could have received a $1 peppercorn rent per annum.

The rent and management fee proposal from the PCYC was the same as the last three years of the lease to Novecove Pty Ltd.

The advice from the PCYC Chief Executive is attached to this report. The significant issue for the PCYC is accommodation and getting the approval to create the position.

Council has been requested to consider contributing to the cost of renting a house for the new Manager/Police Sergeant. The request from the PCYC is the equivalent of half a year’s rent for a 4 bedroom house in Roma.

While the minimum opening hours are quoted in the current lease Council could in impose other conditions consistent with operations of the existing centre. The Council has previously been offered the opportunity to appoint three members to the Steering Committee (and later Management Committee). There has been ongoing dialogue between PCYC and existing staff on their retention. Once agreement to the lease has been reached the lease can be finalised and if no more conditions are applied it is not necessary that the proposal be referred to the PCYC Board.

Timing

In terms of the changeover of lessee on the 18^th February, PCYC/Council will have to notify the public generally and if possible to members direct, more likely by posters and flyers that the Centre will be shut for a short period. PCYC have been advised that we are seeking a plan that indicates how long the Centre would not be able to be used.

Consultation (internal/external):

Director Community Services Tony Klein, Manager Community Development Noela Ward, Chief Executive Officer Paul Bawden

Rob Fiedler, Graeme Cottam and Garry Penny from PCYC

Risk Assessment (Legal, Financial, Political etc.):

The financial issues for Council are that funds will need to be spent to prepare the facility for the new lessee.

There may be a period of time while the lessees change over that the facility is closed and not able to be used.

Policy Implications:

The lease of the Facility does not have any Policy Implications for Council.

Financial Resource Implications:

The repair costs are within Budget, the costs of electricity are within Budget. The costs limited to the proposal put forward by the PCYC would be able to be accommodated within Budget through the Budget review to be done in January 2012.

Meeting: General 24 December 2011	Date: 5 December 2011
Item Number: L.2	File Number: D11/35995

1	Lease of Roma Bungil Community Youth and Recreation Centre between Roma Regional Council and Novecove - Expiry Date17/02/2012	S11/18380
2	Letter to Mayor re PCYC Board issues	D11/36465
3	e-mail from Rob Fiedler CEO - PCYC	D11/36629