CORPORATE SERVICES STANDING COMMITTEE FINAL MINUTES · CORPORATE SERVICES STANDING COMMITTEE WEDNESDAY 7 DECEMBER 2016 MIN/07.12.2016 FOLIO 41503 Conclusion The Corporate Services

CORPORATE SERVICES

STANDING COMMITTEE

FINAL MINUTES

7 December 2016

FINAL MINUTES CORPORATE SERVICES STANDING COMMITTEE WEDNESDAY 7 DECEMBER 2016

MIN/07.12.2016 FOLIO 41500

Table of Contents

Folio Date Particulars

41501 07.12.2016 Corporate Services Standing Committee Minutes

41516 30.11.2016 Organisational Services Monthly Review - November 2016

41542 17.11.2016 Minutes - Rates Payment Tribunal Committee Report

41547 17.11.2016 Amended Terms of Reference - Independent Rate Payment

Review Tribunal

Declaration of Potential Conflict of Interest

Nil.


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CORPORATE SERVICES

STANDING COMMITTEE

MINUTES

1. COMMITTEE ATTENDANCE:

Crs R D Walker (Chairperson), M J Bella, K L May, A R Paton and Mayor G R

Williamson were in attendance at the commencement of the meeting.

2. NON-COMMITTEE ATTENDANCE:

Also present were Cr R C Gee, Cr L G Bonaventura, Cr K J Casey, Cr J F Englert, Cr F

A Mann (nee Fordham), Mr C Doyle (Chief Executive Officer), Mr A Knight (Director

Organisational Services) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 3.00 pm.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil

5. CONFLICT OF INTEREST:

Nil


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6. CONFIRMATION OF MINUTES:

6.1 CORPORATE SERVICES STANDING COMMITTEE MINUTES -

16 NOVEMBER 2016

THAT the Corporate Services Standing Committee Meeting Minutes

held on 16 November 2016 be adopted.

Moved Cr May Seconded Cr Bella

CARRIED

7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 ORGANISATIONAL SERVICES MONTHLY REVIEW -

NOVEMBER 2016

Author Director Organisational Services

Purpose

To keep the Corporate Services Committee updated on Organisational Services

activities.

Background/Discussion

All departments within MRC prepare a monthly review which identifies activities

undertaken and progress made during the specific month.

Consultation and Communication

The report contains input from each and every Program within Organisational Services.

Resource Implications

As required to compile report, which is a routine task for multiple employees.

Risk Management Implications

Nil.


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Conclusion

The Corporate Services Committee is kept informed of activities within Organisational

Services.

Officer's Recommendation

THAT the Corporate Services Standing Committee receives the Organisational

Services Monthly Review for November 2016.

The Director Organisational Services (DOS) spoke to the Report.

Cr Bella queried what the current position was for the Koumala Reserve Sporting

Group lease.

DOS advised he would take this request on notice and come back to Cr Bella.

Cr Bella queried the MECC roof audit which has been completed and if there was

anything of note in the report.

DOS advised the report is currently being reviewed with data being analysed.

The Chief Executive Officer (CEO) advised there have been additional inspections

carried out in the MECC roof and are waiting on the report to understand the full extent

is before a decision is made on the way forward.

Cr Bella queried if there was any mitigation available in preparation for the wet season.

CEO advised some siphnoic drainage repairs have been carried out while Council is

waiting on the report results.

DOS advised the report will inform future asset management plans and strategies of the

MECC and other Council buildings and facilities.

Cr May queried if the figures provided for the Procurement Services Year to Date

(YTD) Amount was the actual YTD amount or the budgeted YTD amount.

DOS advised the figures were the actual YTD amount not the budgeted YTD amount.

The Mayor advised feedback has been received from customers about Council should

be sending its rate notices out electronically. Council does have the ability to do this

and are doing so in some cases, can you provide an update on where Council is at with

the gathering of email addresses and the electronic distribution of rate notices pending

the second (2nd

) round of rates in February 2017.

DOS advised Council currently has the ability to do electronic rate notices, and

ratepayers can register for this service. However as it stands now Council does not

control the data as it is managed by the company that produces the notices on behalf of

Council. In terms of our desired future state, one aspect of Council’s ICT Strategy (that


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is under development) is a Customer Portal for Mackay Regional Council. A portal

will enable ratepayers and residents to log in and see their all their various interactions

and transactions with Council (for example rates, dog registration, etc.) in the one

place. Council has recently recruited a Chief Information Officer and the development

and enhancement of the ICT strategy will be one of the first issues addressed.

The Mayor advised he looks forward to the development of the ICT Strategy and

supported the concept of a Customer Portal.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bella Seconded Cr Paton

CARRIED

8.2 RENEWAL OF LEASE TO PUBLIC SAFETY BUSINESS AGENCY -

HABANA RURAL FIRE BRIGADE

File No 732462-008-RP

Author Manager Property Services

Purpose

To approve the renewal of lease between Mackay Regional Council (Council) and The

State of Queensland represented by Public Safety Business Agency (PSBA) for a lease

for an area of approx. 644m2 being part of Lot 8 on RP732462, 978 Yakapari-Habana

Road, Habana.


Council is the owner in freehold title of Lot 8 on RP732462 situated at 978 Yakapari-

Habana Road, Habana.

The Habana Rural Fire Brigade in its current location has serviced and supported this

community since 1996, with the existing lease expiring on 30th

November 2016.

According to Section 236(1)(b)(i) of the Local Government Regulation 2012, “a local

government may dispose of a valuable non-current asset other than by tender or auction

if – the disposal is to a government agency.” Such an exemption needs to be approved

by Council by resolution, meaning that it needs to be adopted at an Ordinary meeting of

Council. With such exemption Council is not required to call for tenders before leasing

the property.


MIN/07.12.2016 FOLIO 41505


Consultation has occurred with Lease Officer – Property Services, Manager Property

Services and legal representatives – PSBA.


All costs incurred in respect to the preparation and lodgement of the lease documents to

be borne by the Tenant.

The lease will be a standard community type lease inclusive of peppercorn rental of

$50.00 plus GST per annum and other like conditions.


The Habana Rural Fire Brigade have occupied and maintained the Lease site for many

years, should the lease not be renewed, the community would not be able to benefit

from the opportunities that arise from such a group.

Conclusion

That the renewal of the lease to PSBA represents the most advantageous outcome to

Council and the community through delivery of an essential service to the local

community of Habana and its surrounding areas.

The lease will be signed under delegation once finalised.


THAT the Committee endorses the below and recommends approval to the

Ordinary Meeting of Council -

A. THAT Council resolves that an exemption applies under Section

236(1)(b)(i) of the Local Government Regulation 2012, “a local

government may dispose of a valuable non-current asset other than by

tender or auction if – the disposal is to a government agency.”

B. FURTHER THAT Council approve a new lease for a term of ten (10)

years to The State of Queensland represented by Public Safety Business

Agency (PSBA) on behalf of the Habana Rural Fire Brigade for an area

of approx. 644m2 within Lot 8 on RP732462 located at 978 Yakapari-

Habana Road, Habana with such lease to commence from date of

signing, and be a standard ‘community’ type lease inclusive of

peppercorn rental of $50.00 plus GST per annum and other like

conditions.


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Council Resolution


Moved Cr Paton Seconded Cr May

CARRIED

8.3 HOGANS POCKET LANDFILL - LEASE AGREEMENTS

File No SP199178/49 & C124768/68


Purpose

To recommend and approve the following arrangements being entered into between

Mackay Regional Council (“Council”) and Edward Butterworth (“EB”) as relates to

Hogan’s Pocket Landfill site:-

1. Renewal of Lease from Council to EB for an eight (8) year term plus 2 x 1 year

options for an approximate area of 194.5 hectares being balance of non-required

land from Hogan’s Pocket Landfill Site for grazing purposes.

2. New Lease from EB to Mackay Regional Council for an eight (8) year term plus

2 x 1 year options for an approximate area of 12482m2 within Lot 49 on

SP199178 known as 22494 Peak Downs Highway, Hazledean for access and

construction of a communication tower purposes.


Hogan’s Pocket Landfill is Council's primary waste disposal facility. The landfill is an

accelerated, stabilised, engineered landfill that incorporates water management systems,

leachate collection systems, groundwater monitoring wells, fully engineered cells,

buffer zones between the landfill and the surrounding environment and a landfill gas

recovery system. The landfill is designed with a 50 year life expectancy over 11 stages,

known as cells.

The landfill cell footprint, access road, sedimentation ponds leachate collection ponds

and working areas comprise approximately 40 hectares. This has resulted in

approximately 230 hectares of buffer land being available for grazing during the life of

the landfill operation.

The development of additional infrastructure in subsequent years will require

construction materials to be sourced from “borrow pits” located onsite, however this

will have minimal impact on the areas ability to be leased for grazing purposes.


MIN/07.12.2016 FOLIO 41507

Additionally despite ongoing investment in 3G technology, communication with this

remote site continues to be poor due to nominal communication capabilities.

Implementation of a communication solution capable of carrying data, voice and video

is critical to the ongoing management strategy for Hogan’s Pocket would result in

reduced risk, management costs and improved performance in the short, medium and

long term.

Due to the location of the facility and limited communication options a viable point to

point communication system would require construction of a communications tower

and point of access from Hogan’s Pocket Landfill site to a leased area of land owned by

EB.

EB, the adjoining property owner to the Hogan’s Pocket Landfill site, has occupied via

lease agreement, the balance of land available for grazing purposes since 1 July 2005,

which was awarded by the tender process. The recent lease expired on 31 January 2016

and has continued on a month to month basis.

In May 2016 negotiations commenced between EB and Council’s Waste Services

Program in respect to:-

1. Renewal of Lease from Council to the EB for a full term of 10 years over a

revised area to take into consideration land completed and new cells as required;

and

2. New Lease from EB to Mackay Regional Council for an eight (8) year term plus

2 x 1 year options for an approximate area of 12482m2 within Lot 49 on

SP199178 known as 22494 Peak Downs Highway, Hazledean, for access and

construction of a communication tower.

The outcome of these negotiations was that both Council and the Lessee agreed that:-

1. Nil lease rental would be payable to Council or EB, this offsetting rental to

each party.

2. The term of the lease agreements would be 10 years, being and initial term of 8

years plus 2 x 1 year options.

An exemption to the tendering of the land under Section 236 (1)(c)(iii) and (iv)of the

Local Government Regulation 2012 being “Subject to subsections (2) to (4), a local

government may dispose of a valuable non-current asset other than by tender or auction

if –”

(iii) “the disposal is for the purpose of renewing the lease of land to the existing tenant

of the land; or

(iv) the land is disposed of to a person who owns adjoining land if –


MIN/07.12.2016 FOLIO 41508

(a) the land is not suitable to be offered for disposal by tender or auction for

a particular reason, including, for example, the size of the land or the

existence of particular infrastructure on the land; and

(b) there is not another person who owns other adjoining land who wishes to

acquire the land; and

(c) it is in the public interest to dispose of the land without a tender or

auction; and

(d) the disposal is otherwise in accordance with sound contracting

principles."

The foundation for the exemption is that:-

1. Council are renewing the lease of land to EB, being the previous tenant of the

land; and

2. EB is the sole adjoining freehold property owner; and

3. EB as the sole adjoining property owner is the only party in which Council can

acquire the Lease for the access and communications tower.

Therein it is in the public interest to dispose of the land to EB in accordance with sound

contracting principles.

Such an exemption needs approval by Council resolution, meaning that it needs to be

adopted at the Ordinary meeting of Council. With such an exemption Council is not

required to call tenders before leasing of the Hogan’s Pocket Landfill site property to

EB.


Consultation has occurred between EB, Coordinator Waste Services, Manager Waste

Services, Survey Coordinator – Technical Services, Supervisor Land Operations –

Property Services and solicitors SB Wright & Wright and Condie.


Previous lease rental income received from EB of $550.00 per annum will be offset

against the new EB lease to Council for the access and communication tower lease.

Therein the rental costs both charged and received by Council will be Nil.


EB, the adjoining property owner to the Hogan’s Pocket Landfill site has occupied and

maintained the Lease site since 2005. Should the lease not be renewed, Council would

be required to maintain the balance of land which contains the Hogan’s Pocket Landfill

Site. This agreement with our immediate neighbour contributes to the ongoing positive


MIN/07.12.2016 FOLIO 41509

relationship Council has with the sites most sensitive receptor. Granting of a lease to a

new party as a standalone lease when Council has a very successful long term

established relationship with EB may impede Council’s ability in dealing in the future

with the proposed Leased land.

Despite ongoing investment in 3G technology, communication with this remote site

continues to be poor. Steps to improve the performance of the site are constrained by

poor communication capabilities. Implementation of a small footprint communication

tower solution capable of carrying data, voice and video is critical to the ongoing

management strategy for Hogan’s Pocket and would result in reduced environmental

risks, improved site performance outcomes and anticipated financial efficiencies.

Conclusion

That the granting of a renewed lease to EB, the adjoining land owner, who has shown a

long term commitment to the land is the most advantageous outcome to Council.

That receipt of a new lease from EB for construction of a communication tower and

access to the communication tower from the Hogan’s Pocket Landfill site provides

Council with a significant opportunity to support planned and proposed technology

initiatives and reduce risk, management costs and improve performance outcomes in

the short, medium and long term.


THAT the Committee endorses the below and recommends approval to the

Ordinary Meeting of Council:-

A. THAT Council approve an exemption under Section 236 (1)(c)(iii) of

the Local Government Regulation 2012 “Subject to subsections (2) to

(4), a local government may dispose of a valuable non-current asset

other than by tender or auction if ”– “the disposal is for the purpose of

renewing the lease of land to the existing tenant of the land;”

B. FURTHER THAT Council approve a renewed lease for an initial term

of eight (8) years with 2 x 1 year options to Edward Butterworth over

parts of Lot 1414 on C124329, Lot 68 on C124768 and Lot 1602 on

C124429 being the Hogan’s Pocket Landfill site for a total

approximate area of 194.5 hectares for grazing purposes.

C. ALSO THAT Council approve a new lease for an initial term of eight

(8) years with 2 x 1 year options from Edward Butterworth to Mackay

Regional Council for part of Lot 49 on SP199178, as shown on

Drawing A3-9116 for an approximate area of 12482m2 being for

access and construction of a communication tower.


MIN/07.12.2016 FOLIO 41510

Cr Bonaventura queried if maintenance of Mr Butterworth's parcel of land had been

included in the lease agreement to ensure the noxious weeds are controlled to

appropriate levels.

The Director of Organisational Services (DOS) advised he would take that request on

notice and come back to the Committee.

Council Resolution


Moved Cr Paton Seconded Cr Bella

CARRIED

8.4 PERMANENT ROAD CLOSURE APPLICATION: BIRKETTS

ROAD, BENHOLME

File No RP735880/2


Purpose

To approve the Applicant making the following Permanent Road Closure Applications

with the Department of Natural Resources and Mines (“DNRM”);-

Area A. Closure of the approximate area of 36778m2 of Birketts Road for

amalgamation with the adjoining Lot 18 on C124529, which would

include area of Road Licence 5442.

Area B. Closure of the approximate 8947m2 of Birketts Road for amalgamation

with the adjoining Lot 17 on C124511.


Mackay Regional Council (‘Council’) received a Permanent Road Closure request from

RPS Australia (RPS) on behalf of the owner (“Applicant”) seeking Council consent to

the permanent road closures of areas A and B as identified on the attached image and

total approximately 45,725m2.

The road closure areas provide legal access to the lots related to this Application and

are owned by the Applicant. Therein permanent road closure of the areas does not

impact any other property.


MIN/07.12.2016 FOLIO 41511

The matter was considered by the Land and Road Use Committee on 10 November

2016 with the following comments being made:-

1. No objections raised by Development Assessment to either permanent or

temporary road closure. All affected lots will continue to have legal and

practical access if closure occurs.

2. The proposed closures are outside Council’s maintained road network and

would have no effect on legal access to the lots so offer no objection to

proposal.

Therein the committee supported the permanent road closure as the areas for closure

contained no identified infrastructure or identified future need.


Consultation with the Land and Road Use Committee occurred on 10 November 2016.

The committee consists of Manager Technical Services, Manager Strategic Planning,

Planning Officer, Central Area Maintenance Coordinator, Manager Planning and

Sustainability, Project Manager Water Infrastructure Delivery, Legal Counsel, Manager

Development Engineering, Manager Parks, Environment & Sustainability and Senior

Planner - RPS Australia.


Nil. All costs borne by applicants.


Should the areas of road not be permanently closed Council may need to maintain the

section of unformed road and accept all current and future liability associated with such

maintenance.

Conclusion

That the applications for proposed permanent road closure for areas A and B of Birketts

Road, Benhome have no adverse impacts on Council’s current or future road reserve

requirements.


MIN/07.12.2016 FOLIO 41512


THAT the Committee offer no objection to the Applicant making application to

the Department of Natural Resources and Mines for closure of areas A and B as

identified on the attached Birketts Road Closure Image and as detailed below:-

A. Closure of Area A for approximately 36778m2 of Birketts Road for

amalgamation with the adjoining Lot 18 on C124529 which would

include area of Road Licence 5442; and

B. Closure of Area B for approximately 89472m2 of Birketts Road for

amalgamation with the adjoining Lot 17 on C124511.

Council Resolution


Moved Cr May Seconded Cr Paton

CARRIED

8.5 RATES PAYMENT TRIBUNAL COMMITTEE REPORT

File No Rates Payment Review Tribunal Committee Report

Author Revenue Coordinator

Purpose

The Rates Payment Review Tribunal is an independent advisory committee, delegated

by Council to review applications for rate relief.

The Tribunal is seeking confirmation of Tribunal members and endorsement of Minutes

and associated actions of the meeting held 17 November 2016.


The Tribunal met on 17 November 2016 to consider one application (Applicant 14) for

review.

The Tribunal recommended an amount of $752.29, being the amount of costs incurred

on the legal action commenced in January 2015, be credited to the applicant's rate

assessment against current arrears.

The Tribunal also recommended amendments to the Terms of Reference of the

Tribunal to allow telephone attendance at meetings by tribunal members.


MIN/07.12.2016 FOLIO 41513


Rate Payment Review Tribunal members.


A budget of $50,000 per annum has been allocated to fund the recommendations of the

tribunal.


Nil.

Conclusion

Following the fourth meeting of the Tribunal, the endorsement of the minutes of the

meeting needs to be addressed.


THAT the minutes of the Rates Payment Review Tribunal meeting of 17

November 2016 be received.

AND THAT the Tribunal's recommendation with regards to Applicant 14 be

confirmed.

FURTHER THAT the Committee endorses the amendments to the Terms of

Reference of the Rate Payment Review Tribunal and recommends approval to the

Ordinary Meeting of Council.

Committee Resolution


Moved Cr Bella Seconded Cr Paton

CARRIED

9. TENDERS:

Nil

10. CONSIDERATION OF NOTIFIED MOTIONS:

Nil


MIN/07.12.2016 FOLIO 41514

11. PUBLIC PARTICIPATION:

Nil

12. LATE BUSINESS:

Nil

13. CONFIDENTIAL REPORTS:

Nil

14. MEETING CLOSURE:

The Chairperson thanked the Director Organisational Services and his team for all their

efforts during 2016 and wished them all a Happy Holiday Period and a Merry

Christmas.

The meeting closed at 3.19 pm.

15. FOR INFORMATION ONLY:

Nil

Confirmed on Wednesday 15 February 2017

………………………………………

CHAIRPERSON


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APPENDIX / ATTACHMENTS


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Documents

CORPORATE SERVICES STANDING COMMITTEE FINAL MINUTES · CORPORATE SERVICES STANDING COMMITTEE WEDNESDAY 7 DECEMBER 2016 MIN/07.12.2016 FOLIO 41503 Conclusion The Corporate Services