2011-05-25 Corporate Governance & Finance Committee Meeting … · 2013. 4. 1. · F02/05/11 Moved: Cr G.L Engeman Seconded: Cr R.A. Gâté That the Minutes of the Corporate Governance

MINUTES

of the

CORPORATE GOVERNANCE AND FINANCE COMMITTEE MEETING

CHAIRMAN: Cr. Donna Neilson

Held in the Boardroom Gympie Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 25 May 2011 at 10.04am

For Adoption at the General Meeting to be held on

8 June 2011

Corporate Governance and Finance Committee Meeting – Wednesday 25 May 2011

Gympie Regional Council

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CORPORATE GOVERNANCE AND FINANCE COMMITTEE MEETING

Councillor D.R. Neilson (Chairman), Mayor R Dyne, Cr A.J. Perrett, Cr G.L Engeman, Cr L.J. Friske, Cr R.A. Gâté,

Cr I.T. Petersen, Cr J. Watt and Cr J.A. Walker.

Leave of Absence: Cr Perrett had a leave of absence from this meeting. Minute G21/03/11 refers.

CONTENTS

APOLOGY ........................................................................................................................................................................2

SECTION 1: CONFIRMATION OF MINUTES OF PREVIOUS CORPORATE GOVERNANCE AND FINANCE COMMITTEE MEETING ...........................................................................................................................2

SECTION 2: INSURANCE AND LEGAL MATTERS ...............................................................................................2

ITEM 2/1 REPORTS ON THEFT/SUSPECTED THEFT OR DAMAGED ITEMS .....................................................................2

SECTION 3: COUNCIL PROPERTY ..........................................................................................................................4

ITEM 3/1 REQUEST FOR CONSIDERATION OF LEASE TERM AND CONDITIONS .............................................................4 ITEM 3/2 PROPOSED FACILITIES ACCESS LICENCE AGREEMENT ON THE COOLOOLA COVE TELEVISION RE-

TRANSMISSION TOWER..............................................................................................................................10 ITEM 3/3 PROPOSED FACILITIES ACCESS LICENCE AGREEMENT ON THE COOLOOLA COVE TELEVISION RE-

TRANSMISSION TOWER..............................................................................................................................13 ITEM 3/4 PROPOSED FACILITIES ACCESS LICENCE AGREEMENT ON THE COOLOOLA COVE TELEVISION RE-

TRANSMISSION TOWER..............................................................................................................................16

SECTION 4 RATES MATTERS .................................................................................................................................19

ITEM 4/1 REQUEST FOR LOST DISCOUNT ON RATES - VARIOUS ...............................................................................19 ITEM 4/2 RESIDENTIAL WATER SUPPLY ...................................................................................................................21

SECTION 5: FINANCIAL REPORTING ..................................................................................................................23

ITEM 5/1 SUMMARISED BUDGET REPORT AS AT 30 APRIL 2011 ...............................................................................23 ITEM 5/2 PROPOSED FEES & CHARGES 2011/2012 ...................................................................................................24

SECTION 6: FINANCIAL ASSISTANCE REQUESTS ...........................................................................................26

ITEM 6/1 VARIOUS GROUPS THANKING COUNCIL ....................................................................................................26

SECTION 7: STAFF MATTERS.................................................................................................................................26

ITEM 7/1 WORKPLACE HEALTH AND SAFETY REPORT – MAY 2011.........................................................................26 ITEM 7/2 TRAINING REPORT FOR APRIL 2011...........................................................................................................28

SECTION 8: MISCELLANEOUS ITEMS .................................................................................................................29

LATE ITEM....................................................................................................................................................................30

LATE ITEM 1 CCTV SEWER CAMERA REPLACEMENT...........................................................................................30

ATTACHMENTS ...........................................................................................................................................................30

IN COMMITTEE ITEMS .............................................................................................................................................32

IN COMMITTEE ITEM 1 OUTSTANDING ACCOUNTS 3 MONTHS AND OVER SUNDRY DEBTORS – AS AT ........................ 30 APRIL 2011......................................................................................................................32 IN COMMITTEE ITEM 3 LEGAL FEES..........................................................................................................................32 IN COMMITTEE ITEM 2 NINE MONTHLY BUDGET REVIEW........................................................................................32



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The meeting opened at 10.04am.

PRESENT: Cr D.R. Neilson (Chairman), Mayor Cr R.J. Dyne, G.L Engeman, Cr L.J. Friske, Cr R.A. Gâté, Cr I.T. Petersen and Cr J. Watt. Also in attendance were Director of Financial Services (Mrs Y Oliver), Acting Chief Executive Officer, (Mr C Manson), Acting Director of Corporate Services, (Mr B. Hayes), Manager Corporate Administration, Mrs D. Jenkins and Minutes Secretary (Mrs F Baker & Mrs B. Fevre).

APOLOGY APOLOGY An apology for non-attendance was tendered on behalf of Cr J.A. Walker

F01/05/11 Moved: Cr R.A. Gâté Seconded: Mayor Cr R.J. Dyne That the apology from Cr J.A. Walker be received.

Carried

SECTION 1: CONFIRMATION OF MINUTES OF PREVIOUS CORPORATE GOVERNANCE AND FINANCE COMMITTEE MEETING

F02/05/11 Moved: Cr G.L Engeman Seconded: Cr R.A. Gâté

That the Minutes of the Corporate Governance and Finance Committee Meeting held on 27 April 2011 be taken as read and confirmed.

Carried

SECTION 2: INSURANCE AND LEGAL MATTERS

Item 2/1 Reports on Theft/Suspected Theft or Damaged Items Re: MINUTE F03/05/11 Reports on Theft/Suspected Theft or

Damaged Items From: Director of Financial Services – Yvonne Oliver File: 5/6/12/0001 Date: 13 May 2011 Reference: N/A



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Executive Summary: Council assets that are to be written off due to suspected theft or damage. Previous Council considerations: N/A Report: (Director of Financial Services - Mrs Y.J. Oliver) Stolen/

Suspected theft of

Damaged/ Missing Items

Brief Outline Circumstances

Approx Value

Date Police

Notified 4 x entry and exit gates

Gates removed from Tansey Waste Transfer Station on approximately 27/4/11

$700.00 29/4/11

Strategic Implications: Corporate Plan: Key Outcome 4.1 – Council is maintaining responsible

financial management Key strategy – Council continues responsible budgeting and living within its means having regard to the current economic climate.

Operational Plan: Asset Registers

- Develop and maintain property, plant and equipment registers in accordance with finance regulations and professional accounting standards.

Budget Implications: Cost of replacement of items not included in current budget. Budget Reference: All programs within Budget. Legal/Statutory: N/A Risks: Low, report only.

F03/05/11 Moved: Cr I.T. Petersen Seconded: Cr J. Watt Recommend that the information be received and lost or stolen items written off.

Carried Acting Chief Executive Officer, Craig Manson left the meeting at 10.07am.



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SECTION 3: COUNCIL PROPERTY

Item 3/1 Request for Consideration of Lease Term and Conditions

Re: MINUTE F04/05/11 Request for Consideration of Lease

Term and Conditions From: Gympie Pistol Club Inc. PO Box 341, Gympie QLD 4570 File: 3-3-03-0128 Date: 29 April 2011 Reference: G64/07/00, G10/06/02, F04/0803, F05/08/03, P25/03/10,

F06/05/10 ‘..As per the Meeting with our representative, Vice President Ron Owen on the 28th April, 2011, where your representative Debbie Jenkins agreed to amend the lease form for the following clauses

4.5- Use of Land and Improvements by Third Persons Should read “The Lessee MAY permit instead of MUST permit.

6.3- Use of Lessor Alterations Additions Should read “the lessee must only allow members and visitors or persons pursuant to Clause 6.2 to use the amenities pursuant to the Queensland Weapons Act of 1990 instead of The Lessee must permit the amenities.. to be used by the lessor’s servants and agents and used by the public or any class or section of the public nominated by the Lessor.

7.2 Entry by Lessor Should read The Council the Lessor Must give the Gympie Pistol Club the lessee 14 days clear notice before the servants or agents of the Lessor can enter the Land and Improvements at reasonable times to…

In regards to clause 7.6 (1)(2)(3) Should be removed altogether. Part 16 Should be removed altogether as Liquor Licence would be contrary to Club Rules.

The reasons why 7.6(2) and (3) should be removed As if a Lease signed and relied on by an incorporated association can be terminated on the whim of the Lessor there is no point to the lease. If a management of an incorporated body such as the Gympie Pistol Club signed such a lease with these provisions then it would place their Association in jeopardy. This action would place the office bearers in breach of their responsibilities of Management of the affairs of the incorporated body Associations Incorporation Act 1981, as it would be in breach of their duty to sign a lease that gives the power to another entity to take the property of the Gympie Pistol Club Inc. which are the improvements, refer Associations Incorporation Regulation 1999,46 General financial matters, and 22 Functions of management committee.



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As the purpose of a lease for the lessee is security of tenure. Without that security the lease has no purpose to exist. This provision should be a problem for any non profit association who goes to the trouble to read it. It is a provision which should not be in Council's standard freehold lease, as the motive of its inclusion could bring the Council into disrepute. I presume that this has been included by an office that is a third party, which is over protective of the councils position. On reading this standard lease form it seems that it has been written in a fashion where the writer received remuneration on a page basis as there are many repetitive clauses some contradictive, that would intimidate many Association from taking up the lease. If it is Council's wish to inherit Community Halls and other facilities which have been built by non profit associations and run them itself with paid staff, then it may not want to alter this standard freehold lease format. History The Gympie Pistol Club Inc was one of the first two Pistol Clubs formed in Queensland, it could have been the first as there is some dispute between days with the formation of the Brisbane Pistol Club. This occurred in 1960, when the club had its premises and range on Smerdon Road Southside. The Widgee Council asked the Club in the early 1970s to relocate to the Commonwealth Range at Veteran. At that time the range came under the Defence Act of 1903 and so every member had to take the Oath of Allegiance and was a part of the Militia. The Club Captain was authorised to call out the Militia when asked by the Defence Department. When the Widgee Council asked the Club to relocate there was no Belvedere Rd, no facilities whatsoever, but the Club was told that it would not be asked to move again. Subsequently, during the 1980s the Widgee Shire purchased this land and a lease was signed with the Cooloola Shire Council in 2001. This lease had 11 pages and the current lease standard format is 43 pages. As a sign of good faith the Gympie Pistol Club Inc is prepared to pay up the lease in full for the ten years so that Council does not have to employ staff sending correspondence out to collect a small amount...’ Executive Summary: Gympie Pistol Club currently has a lease with Council until 30th June 2011, and are requesting further consideration of some of Council’s terms included in the Standard Freehold Lease document. Previous Council considerations: G64/07/00 – Council continue negotiations with State Government to obtain secure tenure over Imbil Rifle Range. Gympie Clay Target and Gympie Pistol Club have common lease expiry date of 30th June 2011 in accordance with lease of Small Bore Rifle and Silhouette Club. Clubs continue to investigate long term options for Rifle Range. Forming of a Range Management Committee.



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G10/06/02 – Council advise Gympie Pistol Club all improvements owned by Pistol Club remain property of Pistol Club, however if improvements cannot be removed they will remain ownership of Council. Council to approve any permanent structures proposed on the site. At the end of lease no alternative sites has been located, Council will consider renewing lease at the present site on a short term basis. Council Grant’s Office available to assist in grants available at that time. F04/08/03 – Council denies request for extension to lease arrangement. F05/08/03 – Council advise Pistol Club current lease does not allow for renewal, however if at the end of lease no alternative sites has been located, Council will consider renewing lease at the present site on a short term basis. F06/05/10 – Recommend that Council enter into discussions with the Gympie Pistol Club Inc. concerning the lease period and negotiate with the Gympie Pistol Club Inc. the public liability insurance requirement with a view to its being increased to $20 million. Also, that upon identification and settlement of an alternate site in the region for a multi-purpose shooting range, the lease be surrendered and reissued for the balance of term over the new site. Report: (Manager Corporate Administration, Debbie Jenkins) Background: As per Council’s resolution, negotiations have been undertaken in respect to the lease with the Gympie Small Bore Rifle and Silhouette Club Inc. This has resulted in Council being able to further progress the leases on a similar basis with the Gympie Pistol Club. The Club is requesting Council further consider a clause contained in the standard terms of Council’s freehold lease.

Property Address: 15 Belvedere Road, Gympie, more particularly described as Lot 19 on RP 226325.

Tenure: Subject lot owned by Council, freehold.

Current Use: Rifle Range over part of the lot.



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Locality Plan:

Lease Plan:

Currently the Gympie Pistol Club has a lease arrangement with Council until 30th June 2011 and Council recently resolved that negotiations were required with respect to a new lease. As part of the negotiations there were a number of clauses which the Club has requested further clarification. Discussions were held with Council’s Solicitors, Council staff and a representative from the Club with respect to the number of concerns. As a result of this meeting some minor wording changes were requested by the Club as follows:- Clause 4.5 – the word “may” instead of “must”, Clause 6.3 – includes the words referring to the Queensland Weapons Act of 1990 Clause 7.2 – due to the nature of the use – further clarifies that fourteen (14) days notice is required for access to the land by the Lessor.



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Part 16 – Liquor Licence Requirements – this part is to be deleted due to the nature of the use It is considered that these changes will not impact on the lease to the detriment of Council in consideration of the nature of the use of this site. The Club’s main concern in regards to the terms of the lease is in respect to Clause 7.6 (2) and (3). These clauses are included in Council’s Standard Freehold lease document for all community groups. As this is a ten (10) year lease, removal of these clauses may impact on Council’s ability to further develop the community asset in the future should the need arise. (2) The Lessor may terminate the Lease by notice to the Lessee if the Lessor:

(a) requires the Land and Improvements for its own use; (b) wishes to let the Land and Improvements for a purpose that the Lessor

considers will create, or contribute to creating, community benefit greater than that created by the use the Lessee makes of the Land and Improvements;

(c) considers that the use the Lessee makes of the Land and Improvements no longer benefits the community, or no longer benefits a sufficient portion of the community to justify permitting the Lease to continue;

(d) considers that the use the Lessee makes of the Land and Improvements is disadvantaging the community more that it is benefiting the community;

(e) considers, for any other reason, that the cancellation of the lease is in the community interest or the public interest. An example of any other reason is should disputes between members of the Incorporated Association constituting the Lessee exist to such an extent that the proper running and operation of the Lease is compromised and is not in the best interests of the Lessee, community or public interest.

(3) A termination notice under Clause 7.6(2) must state:

(a) the reason the Lessor is terminating the Lease; and (b) the date upon which the lessee must vacate the Land and

Improvements (which date must not be earlier than 60 days after the date upon which the Lessor gives the notice).

Strategic Implications: Corporate Plan: Outcome 1.4 Operational Plan: Outcome 1.2(iv) Budget: Within Budget allocations Budget: Corporate Services



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Legal/Statutory: Local Government Act 2009 Local Government (Finance, Plans & Reporting) Regulation 2010 Land Act 1994 Risks: There is a high level corporate risk associated with

having community groups occupying Council land with no formal tenure arrangements. This risk is mitigated by documented formal tenure.

Consultation: Mr Terry Kitchen, Power & Cartwright Solicitors Checklist: □ Financial Services Directorate Corporate Services Directorate □ Community Services Directorate □ Engineering Services Directorate □ Planning & Development Directorate □ Office of the Chief Executive Officer



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F04/05/11 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske

Recommend that Council offers a lease to the Gympie Pistol Club Inc., over Lease Area A on SP 124322 within part of Lot 19 on RP 226325, Belvedere Road, Gympie, subject to all Planning, Building, Design and Health matters being satisfactorily resolved, in Council’s standard freehold lease format to include the following terms and conditions:

(a) Term of Lease – 10 years; (b) Special clause noting that should an alternative site not be finalised

within this timeframe, a further 10 years be considered; (c) Rental - $100.00 pa + GST + CPI; (d) Use – Sporting Shooters Facility; (e) The Lessee to hold public liability insurance in a sum not less than

$20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council;

(f) Special clauses specific to the proposed use in the operation under Weapons Licensing legislation and guidelines; and

(g) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee.

(h) Upon identification and settlement of an alternate site in the region for a multi-purpose shooting range, the lease be surrendered and reissued for the balance of term over the new site.

(i) That Council acknowledges the minor amendments to Clause 4.5 and 6.3 to the Standard Freehold Lease Format as requested.

(j) The lessee must permit the servants and agents to enter the land and improvements at all reasonable times subject to 48 hours prior written advice being forwarded.

(k) That Council acknowledges the deletion of Part 16 to the Standard Freehold Lease Format as requested.

Further, that the lessee be required to execute the lease document within three months of presentation of the document, or the lease will be of no force or effect and the lessee will vacate the subject site.

Carried

Item 3/2 Proposed Facilities Access Licence Agreement on the Cooloola Cove Television Re-Transmission Tower

Re: MINUTE F05/05/11 Proposed Facilities Access Licence

Agreement on the Cooloola Cove Television Re-Transmission Tower

From: Manager Corporate Administration, Debbie Jenkins File: 3-2-08-0001 Date: 13 May 2011 Reference: F08/02/04 and F05/03/05



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Executive Summary: On the Cooloola Cove TV Retransmission Tower, Council currently has a number of licences for the installation of Communication equipment and associated hardware in the building. Previous Council considerations: Minute No. F06/08/03 ‘..Recommend that Council accept the offer of rental of $1,800.00 to be indexed to CPI and reviewed every 2 years, including all out goings, for space on Council’s site at Cooloola Cove for the Television Retransmission Tower and equipment storage shed. Further, that the writer be advised accordingly..’ Minute No. G97/05/03 ‘..That Council approve space for locating an antenna and supporting hardware on Council’s Television Tower site at Cooloola Cove for the Queensland Fire and Rescue Service subject to the following conditions:- (a) That the rental for the site be referred to the Mayor and Chief Executive

Officer to discuss with QFRS to determine an appropriate level; (b) That the antenna and supporting hardware be installed and maintained at

QFRS’s own cost; (c) That QFRS install a separate power meter on the site for their use; (d) That QFRS indemnify Council against any and all claims arising from

their locating at this site; (e) That approval for installation of the antenna and supporting hardware be

conditional upon their signals creating no interference to TV or other reception signals whatsoever..’

Report: (Manager Corporate Administration, Debbie Jenkins) Background: Gympie Regional Council commenced negotiations with the Department of Environment & Resource Management in late 2008 for the renewal of the current Occupational Permit. During this time Council has been advised that the subject property has been changed from Forestry to National Park which required Council to have a new type of Permit issued. Property Address: Part of the Great Sandy National Park located off Endeavour Drive, Cooloola Cove, described as; Lot 1 on Plan AP14624; Lot 1004 (excised) on Plan AP 6321; Lot 2 on Plan AP 14624; Lot 21 on Plan AP 14624; Lot 50 (excised) on Plan SP 215027; Lot 62 (excised) on Plan SP 215039;



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Lot 64 (excised) on Plan SP 215043; Lot 702 (excised) on Plan SP 129573; Lot 703 (pt) (excised) on Plan SP 129573; Lot 704 (excised) on Plan SP 129573; and Lot 706 (excised) on Plan SP 129573. Tenure: The property is gazetted as National Park owned by the Department of Environment and Resource Management. Current Use: Currently located on the site is Council’s Water Reservoir and the Cooloola Cove Re-Transmission Tower and communications building, which contains Council as well as other third-party infrastructure. As the land has now been gazetted as National Park, Council has been advised that the use of the land is controlled by the Nature Conservation Act 1992. Subsequently, Council has recently obtained a Section 35 Authority for a term of twenty (20) years, which permits Council to occupy, maintain and use the existing communication facility and water reservoir located on the site. Also included in this agreement is the ability for Council to further permit other parties to utilise this facility. Under the new arrangements the Department of Community & Safety are required to also have a Section 35 Licence from DERM to allow them to access the site through the National Park. The Department of Community Safety (formerly Queensland Fire and Rescue Services) currently has a Licence which allows them to install infrastructure on the tower as well as install equipment within the building. Council commits to the provision of the electricity supply and air-conditioning to the room. Strategic Implications: Corporate Plan: Outcome 1.4 Operational Plan: Outcome 1.2(iv) Budget: Within Budget allocations Budget: Corporate Services Legal/Statutory: Local Government Act 2009 Local Government (Finance, Plans & Reporting) Regulation 2010 Land Act 1994



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Risks: There is a high level corporate risk associated with having community groups occupying Council land and/or its facilities with no formal tenure arrangements. This risk is mitigated by documented formal tenure.

Checklist: □ Financial Services Directorate Corporate Services Directorate □ Community Services Directorate □ Engineering Services Directorate □ Planning & Development Directorate □ Office of the Chief Executive Officer

F05/05/11 Moved: Cr L.J. Friske Seconded: Cr G.L Engeman Recommend that Council offers a Facilities Access Licence Agreement to the Department of Community Safety, for the installation of infrastructure on Council’s Cooloola Cove Re-Transmission Tower site situated at Endeavour Drive, Cooloola Cove, subject to all Planning, Building, Design and Health matters being satisfactorily resolved, to include the following terms and conditions: (a) Term of Licence – 10 years; (b) Rental – $2,000.00pa + GST + CPI; (c) Use – Communications Equipment (d) The Licensee to hold public liability insurance in a sum not less than

$20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Licensee and Gympie Regional Council;

(e) All costs associated with the preparation, stamping and registration of the Licence be borne by the Licensee;

(f) That written approval is obtained by The Department of Community Safety from DERM under Section 35 of Nature Conservation Act 1992 for access to the site.

Carried




From: Manager Corporate Administration, Debbie Jenkins File: 3-2-08-0001 Date: 13 May 2011 Reference: F08/02/04 and F05/03/05



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Executive Summary: On the Cooloola Cove TV Retransmission Tower, Council currently has a number of licences for the installation of Communication equipment and associated hardware in the building. Previous Council considerations: Minute No. F07/01/06 ‘..Recommend that: 1. A heat-loading test be conducted prior to any further equipment being

installed into the Cooloola Cove Tower. Council to meet the costs of the testing.

2. The State Emergency Service be required to meet all current requirements

for the installation of equipment if the heat loading test indicates that it would be in order for more equipment to be installed within the control room.

3. A letter be forwarded to Mr Terry Clark outlining Council’s requirements

for the installation of the SES equipment if approved..’ Minute No. F13/05/06 ‘..Recommend that Council provide the site at no cost to the Cooloola Shire State Emergency Services for the installation of an S.E.S. Radio Repeater in the Cooloola Cove Television Retransmission Tower communication room..’ Report: (Manager Corporate Administration, Debbie Jenkins)

Background: Gympie Regional Council commenced negotiations with the Department of Environment & Resource Management in late 2008 for the renewal of the current Occupational Permit. During this time Council has been advised that the subject property has been changed from Forestry to National Park which required Council to have a new type of Permit issued.

Property Address: Part of the Great Sandy National Park described off Endeavour Drive, Cooloola Cove, described as;

Lot 1 on Plan AP14624; Lot 1004 (excised) on Plan AP 6321; Lot 2 on Plan AP 14624; Lot 21 on Plan AP 14624; Lot 50 (excised) on Plan SP 215027; Lot 62 (excised) on Plan SP 215039; Lot 64 (excised) on Plan SP 215043; Lot 702 (excised) on Plan SP 129573; Lot 703 (pt) (excised) on Plan SP 129573; Lot 704 (excised) on Plan SP 129573; and Lot 706 (excised) on Plan SP 129573.



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Tenure: The property is gazetted as National Park owned by the Department of Environment and Resource Management. Current Use: Currently located on the site is Council’s Water Reservoir and the Cooloola Cove Re-Transmission Tower and communications building, which contains Council as well as other third-party infrastructure. As the land has now been gazetted as National Park, Council has been advised that the use of the land is controlled by the Nature Conservation Act 1992. Subsequently, Council has recently obtained a Section 35 Authority for a term of twenty (20) years, which permits Council to occupy, maintain and use the existing communication facility and water reservoir located on the site. Also included in this agreement is the ability for Council to further permit other parties to utilise this facility. Under the new arrangements the Department of Community & Safety are required to also have a Section 35 Licence from DERM to allow them to access the site through the National Park. Department of Emergency Management Queensland currently has a Licence which allows them to install infrastructure on the tower as well as install equipment within the building. Council commits to the provision of the electricity supply and air-conditioning to the room. Strategic Implications: Corporate Plan: Outcome 1.4 Operational Plan: Outcome 1.2(iv) Budget: Within Budget allocations Budget: Corporate Services Legal/Statutory: Local Government Act 2009 Local Government (Finance, Plans & Reporting) Regulation 2010 Land Act 1994 Risks: There is a high level corporate risk associated with

having community groups occupying Council land and/or its facilities with no formal tenure arrangements. This risk is mitigated by documented formal tenure.



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F06/05/11 Moved: Cr J. Watt Seconded: Cr R.A. Gâté Recommend that Council offers a Facilities Access Licence Agreement to the Department of Emergency Management Queensland, for the installation of infrastructure on Council’s Cooloola Cove Re-Transmission Tower site situated at Endeavour Drive, Cooloola Cove, subject to all Planning, Building, Design and Health matters being satisfactorily resolved, to include the following terms and conditions: (a) Term of Licence – 10 years; (b) Rental – $1000.00pa + GST + CPI; (c) Use – Communications Equipment (d) The Licensee to hold public liability insurance in a sum not less

than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Licensee and Gympie Regional Council;


(f) That written approval is obtained by the Department of Emergency Management Queensland from DERM under Section 35 of Nature Conservation Act 1992 for access to the site.

Carried




From: Manager Corporate Administration, Debbie Jenkins File: 3-2-08-0001 Date: 13 May 2011 Reference: F08/02/04 and F05/03/05 Executive Summary:



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On the Cooloola Cove TV Retransmission Tower, Council currently has a number of licences for the installation of Communication equipment and associated hardware in the building. Previous Council considerations: Minute No. F08/02/04 ‘..Recommend that Council approve the co-location of the Queensland Police Service Radio Equipment on Council’s Cooloola Cove Television Re-Transmission Tower at an annual rental of $1,800.00 inclusive of power costs, subject to the following conditions: 1. Broadcast Services Australia approve the siting of the antenna on the Tower. 2. A separate Environmental Protection Agency permit to occupy be obtained by Queensland Police Service at no cost to Council. 3. The Queensland Police Service equipment to be housed in rack space provided by themselves and/or the Department of Emergency Services..’

Minute No. F05/03/05 ‘..Recommend that Council advise Queensland Police Service that it approves the installation of Queensland Police Service radio equipment at Cooloola Cove Retransmission Tower and that its solicitors have been instructed to prepare the appropriate agreement for execution by the parties..’ Report: (Manager Corporate Administration, Debbie Jenkins) Background: Gympie Regional Council commenced negotiations with the Department of Environment & Resource Management in late 2008 for the renewal of the current Occupational Permit. During this time Council has been advised that the subject property has been changed from Forestry to National Park which required Council to have a new type of Permit issued. Property Address: Part of the Great Sandy National Park located off Endeavour Drive, Cooloola Cove, described as; Lot 1 on Plan AP14624; Lot 1004 (excised) on Plan AP 6321; Lot 2 on Plan AP 14624; Lot 21 on Plan AP 14624; Lot 50 (excised) on Plan SP 215027; Lot 62 (excised) on Plan SP 215039; Lot 64 (excised) on Plan SP 215043;



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Lot 702 (excised) on Plan SP 129573; Lot 703 (pt) (excised) on Plan SP 129573; Lot 704 (excised) on Plan SP 129573; and Lot 706 (excised) on Plan SP 129573. Tenure: The property is gazetted as National Park owned by the Department of Environment and Resource Management. Current Use: Currently located on the site is Council’s Water Reservoir and the Cooloola Cove Re-Transmission Tower and communications building, which contains Council as well as other third-party infrastructure. As the land has now been gazetted as National Park, Council has been advised that the use of the land is controlled by the Nature Conservation Act 1992. Subsequently, Council has recently obtained a Section 35 Authority for a term of twenty (20) years, which permits Council to occupy, maintain and use the existing communication facility and water reservoir located on the site. Also included in this agreement is the ability for Council to further permit other parties to utilise this facility. Under the new arrangements the Department of Community & Safety are required to also have a Section 35 Licence from DERM to allow them to access the site through the National Park. The Queensland Police Service currently has a Licence which allows them to install infrastructure on the tower as well as install equipment within the building. Council commits to the provision of the electricity supply and air-conditioning to the room. Strategic Implications: Corporate Plan: Outcome 1.4 Operational Plan: Outcome 1.2(iv) Budget: Within Budget allocations Budget: Corporate Services Legal/Statutory: Local Government Act 2009 Local Government (Finance, Plans & Reporting) Regulation 2010 Land Act 1994



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Risks: There is a high level corporate risk associated with having community groups occupying Council land and/or its facilities with no formal tenure arrangements. This risk is mitigated by documented formal tenure.


F07/05/11 Moved: Cr G.L Engeman Seconded: Mayor Cr R.J. Dyne Recommend that Council offers a Facilities Access Licence Agreement to the Queensland Police Service, for the installation of infrastructure on Council’s Cooloola Cove Re-Transmission Tower site situated at Endeavour Drive, Cooloola Cove, subject to all Planning, Building, Design and Health matters being satisfactorily resolved, to include the following terms and conditions: (a) Term of Licence – 10 years; (b) Rental – $2,000.00pa + GST + CPI; (c) Use – Communications Equipment (d) The Licensee to hold public liability insurance in a sum not less

than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Licensee and Gympie Regional Council;


(f) That written approval is obtained by Queensland Police Service from DERM under Section 35 of Nature Conservation Act 1992 for access to the site.

Carried

SECTION 4 RATES MATTERS

Item 4/1 Request For Lost Discount on Rates - Various Re: MINUTE F08/05/11 Request For Lost Discount on Rates -

Various From: Principal Finance Officer – Revenue – Russell Watson File: 5/7/05/0007 Date: 18 May 2011 Reference: N/A



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Executive Summary: A list of ratepayers who have requested a reinstatement of lost discount due to unforseen circumstances. Previous Council considerations: N/A Report: (Principal Finance Officer – Revenue - Mr R.W. Watson)

Assess No Amount Reason Recommended Action 8302 $52.55 Did not receive notice Disallow discount 8862 $65.01 Did not receive notice Disallow discount 19239 $56.42 Did not receive notice Disallow discount

Strategic Implications: Corporate Plan: 4.1 Council is maintaining responsible financial

management. Operational Plan: 1.3 (ii) Financial Accounting

Maintain a revenue base which emphasises user pays principles where appropriate. Manage the efficient issue of accounts by providing timely and accurate revenue entitlements.

Budget Implications: Loss of revenue due to a write off of discount amounts. Budget Reference: 1130101 General Rate Revenue Legal/Statutory: Local Government Act 2009 Risks: Medium, may set a precedent if discount written off Checklist: Financial Services Directorate

□ Corporate Services Directorate

□ Community Services Directorate

□ Engineering Services Directorate

□ Planning & Development Directorate

□ Office of the Chief Executive Officer

F08/05/11 Moved: Cr I.T. Petersen Seconded: Mayor Cr R.J. Dyne Recommend that Council endorse staff action.

Carried



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Item 4/2 Residential Water Supply Re: MINUTE F09/05/11 Residential Water Supply From: Resident of Gympie Region File: 5/7/07/0001 1491849 Date: 4 May 2011 Reference: F06/03/11 “Further to your letter of the 13th April 2011 (in reply to my email of the 15th March 2011) in which you state no reduction will be given on my water rates. As stated in my email of 15th March 2011, due to a rare skin disease, I am unable to shower with fluoridated water. I have had a phone call from a member of your Plumbing Department who suggested I get a rain water tank, or a reverse osmosis attachment for my shower, both of which are completely beyond my means. I am quite happy for you to install a reverse osmoses attachment to my shower, at your expense, and I look forward to your proposal to install this attachment. Furthermore, I request a written guarantee that fluoridated water will not aggravate my skin condition, if you are unable to take this action on my behalf.” Previous Council considerations: G04/04/11 That Recommendation F06/03/11 of the Recommendations of the Corporate Governance & Finance Committee Meeting held on 23 March 2011 be deleted and the following placed in its stead:- That the ratepayer be advised that State Government legislation required Council to fluoridate Gympie’s water supply and that no water rate relief can be given in this instance. Further that Council’s Director of Planning & Development be requested to arrange for staff from Council’s Plumbing section to contact the resident to explain the methods of legally connecting rainwater to urban housing.

Carried Report: (Plumbing Inspector, Bryan Thomas) On 15 April 2011 I rang and spoke to the writer regarding fluoride being added to reticulated water supply and offered possible solutions to their dilemma.



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Possible solutions discussed were the installation of rainwater tanks or installing filters to their mains water supply. The writer’s response was that they could not afford to pay for either options and requests that Council perform the work on their behalf. Strategic Implications: Corporate Plan: 4.1 Council is maintaining responsible financial

management. Operational Plan: 1.3 (ii) Financial Accounting

Maintain a revenue base which emphasises user pays principles where appropriate. Manage the efficient issue of accounts by providing timely and accurate revenue entitlements.

Budget Implications: Cost to Council for installation of equipment. Budget Reference: 1130101 General Rate Revenue Legal/Statutory: Local Government Act 2009 Risks: Medium, may set a precedent if assistance is provided Checklist: Financial Services Directorate

□ Corporate Services Directorate

□ Community Services Directorate

□ Engineering Services Directorate

Planning & Development Directorate

□ Office of the Chief Executive Officer

F09/05/11 Moved: Cr I.T. Petersen Seconded: Cr G.L Engeman Recommend that the writer be advised that Council is not in a position to provide or install a reverse osmosis attachment. Information or advice relative to fluoridated water can be obtained from the State Government which has introduced the legislation requiring Councils to fluoridate the water supply.

Carried



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SECTION 5: FINANCIAL REPORTING

Item 5/1 Summarised Budget Report as at 30 April 2011

Re: MINUTE F10/05/11 Summarised Budget Report as at

30 April 2011 From: Director of Financial Services – Yvonne Oliver File: 5/1/09/0003 Date: 17 May 2011 Reference: N/A Executive Summary: Council’s investments and current rate collections for the 2010/11 financial year as at 30 April 2011 are presented in a summarised budget report for Council’s information and consideration. Previous Council considerations: N/A Report: (Director of Financial Services - Mrs Y.J. Oliver) Refer to “Attachment 1”. The report includes interest received on Council’s investments and the current position of rate collection with a comparative for the previous year. Strategic Implications: Corporate Plan: Outcome 4.1 – Council is maintaining responsible

financial management Council continues responsible budgeting and living within its means having regard to the current economic climate. Council continues to undertake long‐term financial planning to ensure that it remains financially sustainable.

Operational Plan: 1.3 Financial Services - To achieve effective and

efficient management of Council’s financial assets and economic resources.

Budget Implications: Budget allocation set at the commencement of the

budget year may change as a result of variances occurring throughout the year.



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Financial institution deposits at call and term deposits maturing in less than 12 months, which can be immediately accessed without penalty, are treated as cash equivalents

Budget Reference: Budget 2010/11 Legal/Statutory: Local Government Act 2009, Local Government

Finance Standard 2005, Statutory Bodies Financial Arrangements Act (SBFA) 1982 9 as amended) Part 6, Division 3 (Duties of Statutory Body when investing Council Funds); SBFA Regulation 2007

Risks: Medium - Low Checklist: Financial Services Directorate Corporate Services Directorate Community Services Directorate Engineering Services Directorate Planning & Development Directorate Office of the Chief Executive Officer Cr I.T. Petersen left the meeting at 10.26am.

F10/05/11 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske Recommend that the information be noted.

Carried

Item 5/2 Proposed Fees & Charges 2011/2012

Re: MINUTE F11/05/11 Proposed Fees & Charges 2011/2012 From: Director of Financial Services – Yvonne Oliver File: 5/3/09/0003 Date: 17 May 2011 Reference: N/A Executive Summary: Annual review of Council’s Fees & Charges to be incorporated in the 2011/12 Budget. Previous Council considerations: N/A



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Report: (Director of Financial Services - Mrs Y.J. Oliver) Refer to “Attachment 2” for the proposed Fees & Charges for 2011/12. Strategic Implications: Corporate Plan: Key Outcome 4.1 – Council is maintaining

responsible financial management Operational Plan: 1.3 (ii) Financial Accounting

Fees and Charges - Ensure that fees and charges are levied in accordance with the adopted budget.

Budget Implications: Adoption of the Fees & Charges has a direct impact

on the Budget for 2011/12. Budget Reference: All programs within Budget. Legal/Statutory: Local Government Act 2009 Risks: Nil, report only. Consultation: All Directors & General Managers Checklist: Financial Services Directorate

Corporate Services Directorate

Community Services Directorate

Engineering Services Directorate

Planning & Development Directorate

□ Office of the Chief Executive Officer Cr I.T. Petersen returned to the meeting at 10.31am.

F11/05/11 Moved: Mayor Cr R.J. Dyne Seconded: Cr G.L Engeman Recommend that the Proposed 2011/2012 Fees & Charges be adopted as outlined in the attachment with the following amendments: Supervision of Clearing Overgrown Allotments (Non-compliance Fee) $150.00

Carried



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SECTION 6: FINANCIAL ASSISTANCE REQUESTS

Item 6/1 Various Groups Thanking Council

Re: MINUTE F12/05/11 Various Groups Thanking Council From: Director of Financial Services – Yvonne Oliver File: 3/2/07/0001 Date: 13 May 2011 Reference: N/A Report: (Director of Financial Services - Mrs Y.J. Oliver) The following individuals and organisations have forwarded correspondence thanking Council for financial assistance/sponsorship.

Organisation/Group/ Individual

Event/Purpose Amount Date of Event

Lake Borumba Fish Stocking Assoc Inc

2010/2011 Financial Assistance Grant

$6,000 N/A

Tin Can Bay Yacht Club Inc

2011 Bay to Bay Yacht Race $500 Not advised

F12/05/11 Moved: Cr G.L Engeman Seconded: Cr R.A. Gâté

Recommend that the information be received.

Carried

SECTION 7: STAFF MATTERS

Item 7/1 Workplace Health and Safety Report – May 2011

Re: MINUTE F13/05/11 Workplace Health and Safety

Report – May 2011 From: Workplace Health & Safety Officer – Les Latemore File: 3/7/19/0001 Date: 18 May 2011 Reference: N/A



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Executive Summary: This report summarises all incidents reports that are received since the last meeting. These reports include. Lost time Injuries, First Aid/Medical Treatment Injuries and Near Miss incidents where no injury was sustained. Previous Council considerations: Nil. Report: (Workplace Health & Safety Coordinator – Les Latemore)

Codes Totals for 18/04/11

– 18/05/11

NM – Near Miss Incident 1

A - Accidents (damage to property/no injury) 1

FA - First Aid / Medical Treatment Injury 5

LTI – Time Lost Injury 1

E – Electrical Incident 0

Total Days Lost 13

Strategic Implications: Corporate Plan: Key Outcome 4.4 - Provide a safe, healthy and injury

free work environment for Council staff. Operational Plan: 1.2 Corporate Services. Aim 1.2(v) – Human

Resources Management and Training. Workplace Health and Safety – Ensure continued compliance with the WH&S Act and Regulations.

Budget: Nil. Budget: Nil Legal/Statutory: Workplace Health and Safety Regulation 2008 Risks: Nil, report only. Consultation: Supervisors.

F13/05/11 Moved: Cr L.J. Friske Seconded: Mayor Cr R.J. Dyne Recommend that the report be received.

Carried



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Item 7/2 Training Report for April 2011

Re: MINUTE F14/05/11 Training Report for April 2011 From: Training & Development Co-ordinator – Mrs R. McCormack File: 7-10-02 Date: 18 May 2011 Reference: N/A Executive Summary: A total of $16,648.05 spent for the month. Again a very quiet month due to continuing flood work. Report: (Mrs R. McCormack – Training & Development Co-ordinator) With urgent floodwork coming to an end training has again been scheduled for coming months. Worthy of note this month is the first use of online training for Fire Safety training. All internal staff based in offices were required to complete the General Occupancy Fire Training on line. This allowed staff to complete the compulsory training when their work load allowed with minimal disruption. Feedback was positive and it is hoped that further such compulsory training can be approached in a similar manner to lessen disruption to normal work flow.

Training Report April 2011

Directorate Training Description Program Cost

Total for Period

Total for Year

Finance $1,600.00 $6,301.06 Contract Management $1,600.00 Corporate Services $4,241.02 $21,992.74 Fire Safety Training $1,876.02 Records Management $2,200.00 Privacy Act Training $165.00 Planning & Development $340.10 $5,044.63 Dip Local Govt $340.10 Community $0.00 $2,917.61 Engineering $0.00 $213,481.25 Individuals $1,072.07 $55,798.09 Hecs Payments $0.00 $0.00



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Training Report April 2011

Directorate Training Description Program Cost

Total for Period

Total for Year

Study Leave $1,454.90 $1,454.90 $20,164.11Training Resources $99.65 $99.65 $3,194.32Training Officer - wages $7,840.31 $7,840.31 $67,279.67 $0.00 $0.00

Total for period $16,648.05

Total YTD $396,173.48

Strategic Implications: Corporate Plan: Complies with Outcome 4.4 Operational Plan: Sub Program 1.2 Corporate Services 1.2(v) Budget: Spending remains within budget forecast. Budget: Corporate Services – HR – Training, WH&S,

General. Legal/Statutory: Training provided is largely a result of compulsory

training required to meet WH&S legislative requirements.

Risks: Report Only. Consultation: Acting Director of Corporate Services. Manager Human Resources.

F14/05/11 Moved: Cr R.A. Gâté Seconded: Cr G.L Engeman Recommend that the information be received.

Carried

SECTION 8: MISCELLANEOUS ITEMS NIL



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LATE ITEM

Late Item 1 CCTV Sewer Camera Replacement

Re: MINUTE F15/05/11 CCTV Sewer Camera Replacement From: General Manager – Water & Sewerage – Mr Ian Schiefelbein File: 4-9-08-0001 Date: 23 May 2011 Reference: N/A Report: (General Manager Water & Sewerage– I Schiefelbein) Council’s CCTV camera has been broken and cannot be repaired. This camera is a key component of Council’s Mains Assessment Program, is used to assess blockages and needs replacement. Quotations have been obtained for replacement equipment. The most cost effective and appropriate equipment is considered to be an Austek T804 System. The cost of this equipment is $22,865.00. While the other quotations are lower, the equipment is not waterproof and experience has shown that it is not well serviced. Funding for the equipment can be obtained from the plant budget ($10,279.00) and the Mains Assessment Program budget ($12,568.00). The equipment will be charged to projects to recover costs.

F15/05/11 Moved: Cr R.A. Gâté Seconded: Mayor Cr R.J. Dyne Recommend that Council accepts the quotation of $22,865.00 (excl GST) from Austek for a T804 CCTV Inspection Camera System and funds reallocated as per the above report.

Carried

ATTACHMENTS Attachment 1 Item 5/1 Summarised Budget Report as at 30 April 2011 Attachment 2 Item 5/2 Proposed Fees & Charges 2011/2012



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COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee” to discuss: 1. Outstanding Accounts 3 Months and Over Sundry Debtors – as at 30 April

2011 2. Nine Monthly Budget Review 3. Legal Fees

F16/05/11 Moved: Cr R.A. Gâté Seconded: Cr I.T. Petersen That pursuant to the provisions of Section 72 of the Local Government (Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Outstanding Accounts 3 Months and Over Sundry Debtors – as at 30

April 2011 2. Nine Monthly Budget Review 3. Legal Fees Further, that in relation to the provisions of Section 171 of the Local Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried Mayor Cr R.J. Dyne left the meeting at 10.49am and returned to the meeting at 10.54am. Acting Director of Corporate Services, Mr B. Hayes left the meeting at 11.11am.

COUNCIL OUT OF COMMITTEE

F17/05/11 Moved: Cr R.A. Gâté Seconded: Cr I.T. Petersen That proceedings be resumed in Open Council.

Carried



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IN COMMITTEE ITEMS

In Committee Item 1 Outstanding Accounts 3 Months and Over Sundry Debtors – as at 30 April 2011

Re: MINUTE F18/05/11 Outstanding Accounts 3 Months and Over

Sundry Debtors – as at 30 April 2011 File: 5/03/08/0002 Date: 18 May 2011 Reference: N/A

F18/05/11 Moved: Cr L.J. Friske Seconded: Cr I.T. Petersen Recommend that the list of Outstanding Sundry Debtors (3 months and over) be noted and the recommended action be taken.

Carried

In Committee Item 3 Legal Fees

Re: MINUTE F19/05/11 Legal Fees File: 3/3/03/0027 Date: 28 April 2011 Reference: N/A

F19/05/11 Moved: Cr R.A. Gâté Seconded: Cr J. Watt Recommend that Council advises the Australian Institute of Country Music Inc. that the lease preparation and registration fee of $1,117.90 is payable.

Carried

In Committee Item 2 Nine Monthly Budget Review

Re: MINUTE F20/05/11 Nine Monthly Budget Review File: 5/1/09/0003 Date: 17 May 2011 Reference: N/A



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F20/05/11 Moved: Cr G.L Engeman Seconded: Cr R.A. Gâté Recommend that the report be noted and budget allocations adopted.

Carried

There being no further business the meeting closed at 11.28am.

Confirmed this EIGHTH day of JUNE 2011.

Cr. D.R. Neilson CHAIRMAN

Documents

2011-05-25 Corporate Governance & Finance Committee Meeting … · 2013. 4. 1. · F02/05/11 Moved: Cr G.L Engeman Seconded: Cr R.A. Gâté That the Minutes of the Corporate Governance