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Notice of General Meeting NOTICE OF GENERAL MEETING Dear Councillors, Notice is hereby given of a General Meeting of the Charters Towers Regional Council to be held Wednesday 19 February 2020 at 9.00am at the CTRC Board Room, 12 Mosman Street, Charters Towers. A Johansson Chief Executive Officer Local Government Regulation 2012, Chapter 8 Administration Part 2 Local government meetings and committees “274 Meetings in public unless otherwise resolved A meeting is open to the public unless the local government or committee has resolved that the meeting is to be closed under section 275. 275 Closed meetings (1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government’s budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving the local government; or (g) any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage. (2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed. (3) A local government or committee must not make a resolution (other than a procedural resolution) in a closed meeting.” GENERAL MEETING TO BE HELD WEDNESDAY, 19 FEBRUARY 2020 AT 9.00AM CTRC BOARD ROOM, 12 MOSMAN STREET, CHARTERS TOWERS MEETING AGENDA 1. Opening of meeting ........................................................................................................................ 1 2. Attendance/apologies .................................................................................................................... 1 3. Prayer ............................................................................................................................................. 1 4. Condolences .................................................................................................................................. 1 5. Declarations of Interest ...................................................................................................................1 6. Deputations .....................................................................................................................................1 7. Confirmation of minutes ................................................................................................................. 1 8. Mayor’s and councillors’ reports .................................................................................................... 2 9. Business arising from previous meeting minutes .......................................................................... 2 10. Reports for consideration – Infrastructure Services ...................................................................... 2 11. Reports for consideration – Corporate and Community Services ................................................10 12. Reports for consideration – Office of the Chief Executive Officer ................................................ 53 13. Reports for consideration - Confidential ......................................................................................218 Close of Meeting for Confidential Reports .......................................................................................218 The meeting will be opened for the taking of resolutions. ................................................................220 14. Mayoral minute .............................................................................................................................220 15. Close of meeting……………………………………………………………………………………….221 Attachment 'A" Unconfirmed Minutes from General Meeting held 29 January 2020 1. OPENING OF MEETING 2. ATTENDANCE/APOLOGIES 3. PRAYER 4. CONDOLENCES 5. DECLARATIONS OF INTEREST 6. DEPUTATIONS 7. CONFIRMATION OF MINUTES ❖ Minutes of General Meeting held 29 January 2020 1 8. MAYOR’S AND COUNCILLORS’ REPORTS 9. BUSINESS ARISING FROM PREVIOUS MEETING MINUTES 10. REPORTS FOR CONSIDERATION – INFRASTRUCTURE SERVICES 10.1 Trustee Leases for Lot 9 and Lot 11 on GF108 EXECUTIVE SUMMARY This report seeks approval to offer a new five (5) year lease to the existing tenant for reserve land described as Lot 9 and 11 on GF108, located at Glen Houghton Road. The current lease holder requires both lots for property access and has leased both parcels historically. The current Trustee Lease expires on 30 April 2020. OFFICER’S RECOMMENDATION That Council: ➢ Offer the first right to lease Lot 9 and 11 on GF108 to the current tenant of the said land for a new term of five (5) years, conditional upon consent of the Minister, and subject to the legal considerations outlined in this report. BUDGET & RESOURCE IMPLICATIONS No expenditure will be required on Council’s part. Council will receive income from lease fees payable. The costs of registration of the trustee lease with the Department of Natural Resources, Mines and Energy (DNRME) will be the responsibility of the trustee lessee. There is no cost for preparation of a lease agreement as Council has a standard lease document registered with DRNME. BACKGROUND Council is the trustee of the road reserve described as Lot 9 and 11 on plan GF108, locality plan attached. Previously the area was leased by Council under a similar Trustee Lease ending April 2020. An inspection of the reserve area has been undertaken and the following noted: Reserve is in fair condition or ‘B’ grade land condition based on stock route grazing resource monitoring program developed with Department Agriculture and Fisheries Grazing Land Management and in accordance with Council standards for land grading (see Appendix 1 of Charters Towers Stock Route Network Management Plan) and is suitable for leasing with minimal weed control required. The reserve has two adjoining landowners, the current lessee who resides on Lot 7 and 8 GF77 and an adjoining larger property (L2 SP206851). Section 236(1)(C)(iii) of the Local Government Regulation 2012 states that council may dispose of an asset, by tender or auction if, the disposal of the land or an interest in the land, is for the purpose of renewing the lease of the land, to the existing tenant of the land. In summary, this means Council can offer a new lease to the existing tenant. The relevance of this provision was confirmed by the Local Government Association Queensland (LGAQ). Given the location of the lease area and the total area involved, the current lease holder may be impacted, if these small parcels were to be offered and taken up by the much larger adjoining landholder as Lot 9 and Lot 11 on GF108 are required for property access and were previously held by State leases prior to changes in the State policy. LINK TO CORPORATE PLAN The recommendation links to the priority focus area of “Infrastructure and Sustainability” in Council’s Corporate Plan (2018-2023). CONSULTATION (Internal/External) 2 External: Department of Natural Resources, Mines and Energy Local Government Association Internal: Environmental Services Coordinator - Mic Langburne LEGAL CONSIDERATIONS Local Government Regulation 2012 Section 236(1)(c)(iii) states that a Trustee Lease can be offered to the existing tenant of the land, provided various conditions are met. Section 236(2) states that disposal of land under this section can only be decided by Council Resolution. Section 236(3) states that a Local Government may only dispose of the land under this section, if the disposal would be equal to or greater than market value. Section 236(5) states “ For subsection (3), a written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land or the interest in land. Land Act 1994 Section 57 trustee leases provides the framework for leases, trustee permits. A Land Officer from State Land Asset Management - Department of Natural Resources, Mines and Energy reviewed Council’s intended actions and had no concerns, as long as Local Government requirements were met. POLICY IMPLICATIONS There are no policy implications that warrant the recommendation being declined. RISK IMPLICATIONS There are no political, public relations, financial, workplace health and safety risk implications that warrant the recommendations being declined. Report Prepared by: Report Authorised by: ASHLEY BLOKLAND CAMERON SCOTT Infrastructure Services Manager Operations Director Infrastructure Services Date: 22 January 2020 ATTACHMENTS • Attachment A – Glen Houghton Road Reserve Area Map. REFERENCE DOCUMENT • Standard Lease Conditions Doc No. 846320 • Officer’s Report Document No. 1320254 _________________________________________________________________________________ 3 Attachment A 4 10.2 Environmental Policy Statement EXECUTIVE SUMMARY To improve Council’s management process, it has been recommended to combine Council’s safety, quality and environmental systems into a single integrated system. This report aims to amend Statutory Policy S0059/PSD – Environmental Management System, endorse the Environmental Policy Statement contained within the report and enable
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