FINAL MINUTES 5 November 2014 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 Table of Contents Folio Date Particulars 35215 05.11.2014 Ordinary Meeting Minutes 35258 08.09.2014 - 05.10.2014 Community and Client Services Monthly Review for the Period 8 September to 5 October 2014 35296 31.10.2014 Economic Development Monthly Review - October 2014 35304 14.10.2014 Minutes - Fields of Dreams Advisory Committee 35306 07.10.2014 Minutes - Natural Environment Advisory Committee 35308 13.10.2014 Minutes - Sustainable Futures Advisory Committee Declaration of Perceived Conflict of Interest Item 9.5 - Cr Casey MIN/05.11.2011 FOLIO 35214 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary). The meeting commenced at 10.04 am. 2. OPENING PRAYER: Pastor Reno Klashorst led those present in Prayer. 3. ABSENT ON COUNCIL BUSINESS: Nil 4. APOLOGIES: Nil 5. CONDOLENCES: Council expressed their condolences on the passing of Mrs Sue Whitehead to her husband John and their family. Sue was an active member of the Road Accident Awareness Group (RAAG) and worked tireless to improve the conditions for her community. MIN/05.11.2011 FOLIO 35215 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 6. CONFIRMATION OF MINUTES: 6.1 ORDINARY MEETING MINUTES - 22 OCTOBER 2014 THAT the Ordinary Meeting Minutes held on 22 October 2014 be confirmed. Moved Cr Casey Seconded Cr Perkins CARRIED 7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING: Nil 8. MAYORAL MINUTES: Nil 9. CORRESPONDENCE AND OFFICERS’ REPORTS: 9.1 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW FOR THE PERIOD 8 SEPTEMBER TO 5 OCTOBER 2014 Author Director Community and Client Services Purpose Attached is a copy of the Community and Client Services Monthly Review for the period 8 September to 5 October 2014 for information purposes. Officer's Recommendation THAT the Community and Client Services Monthly Review covering the period 8 September to 5 October 2014 be received. Council Resolution THAT the Officer's Recommendation be adopted. Moved Cr Jones Seconded Cr Bonanno CARRIED MIN/05.11.2011 FOLIO 35216 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 9.2 LEASE OF LAND: LEAP-YAKAPARI DISTRICT DEVELOPMENT ASSOCIATION INC File No 732120-007-RP Author Manager Property Services Purpose To approve a request from the Leap-Yakapari District Development Association Inc for a lease over Council Freehold land and Community Hall at 10 Westlake Drive The Leap described as Lot 7 on RP732120. Background/Discussion In line with on-going reviews of Council facilities and in particular the 2011 Service Level Review recommendation that Council further investigate the leasing of The Leap Community Hall, Property Services officers have been negotiating with representatives from groups in the Leap-Yakapari area to facilitate such goal being achieved. The Leap Community Hall began as a community-owned facility. Residents in that area raised funds, sought grants, and negotiated with government agencies to build the hall. When a shortfall in funds meant the building couldn’t be completed, an approach was made to (then) Mackay City Council to “take over” the completion of the project. An agreement was reached that the hall would become the property of Council. Residents in the Leap-Yakapari area have supported the ongoing functioning and operation of the hall by fund-raising initially under the umbrella of the Leap Community Hall Committee and more recently a newly established organisation – the Leap-Yakapari District Development Association Inc. (LYDDA) which has a broader scope to support the development of the social and community fabric of the area. The Association has taken a keen interest in the use of the Hall and is now ready to expand its role into the management and growth of the hall as a community meeting- place. Consultation and Communication Establishment of the lease has been discussed with LYDDA, Community Development Officers, Asset & Lease Officer, Planning Officers, Central Area Maintenance Coordinator, Manager Waste Services, Manager Technical Services, Sport and Recreation Coordinator and Manager Parks & Environment. It was agreed that the lease should be established subject to the hall remaining as a community facility and that the oval remain accessible for community and sporting/recreation groups to utilise. MIN/05.11.2011 FOLIO 35217 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 Resource Implications All costs incurred in respect to the preparation and lodgement of the lease document will be borne by the lessee. The lease will be a standard “community” type lease inclusive of peppercorn rental of $50.00 per annum and other like conditions. Risk Management Implications If approved, the lease to LYDDA will include clauses that hand over the responsibility of maintenance of the facility and grounds to LYDDA, which currently falls under Council’s responsibility. The group will be required to hold all appropriate insurances and has prepared a plan of management to ensure the hall and surroundings are managed in a safe and prudent manner. Conclusion Given that LYDDA has a long standing association with the community hall and have an interest in developing community involvement, approving a ten year lease would be the most advantageous outcome to Mackay Regional Council and the regional community. Officer's Recommendation THAT Council approve a new lease for a term of ten (10) years in the name of Leap-Yakapari District Development Association Inc. over Lot 7 on RP732120, 10 Westlake Drive The Leap with such lease to be a standard community lease inclusive of peppercorn rental and other like conditions. Council Resolution THAT the Officer's Recommendation be adopted. Moved Cr Steindl Seconded Cr Bonanno CARRIED MIN/05.11.2011 FOLIO 35218 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 9.3 NOTICE OF MOTION - RECISION OF THE MOTION REGARDING THE LEASE OF LAND PIONEER POTTERS MACKAY INC Author Manager Property Services Motion THAT Council rescind the motion below, as adopted at the Ordinary Council Meeting of 2 October 2013 with regard to the Lease of Land – Pioneer Potters Mackay:- 9.6 Lease of Land- Pioneer Potters Mackay Inc. THAT Council approve a renewed lease for a term of ten (10) years in the name of Pioneer Potters Mackay Inc. over Lot 1 on RP702773, 8 Loughnane Court, North Mackay with such lease to be a standard “community” type lease inclusive of peppercorn rental and other like conditions. Council Resolution THAT the Motion be adopted. Moved Cr Steindl Seconded Cr Gilbert CARRIED 9.4 LEASE OF LAND: PIONEER POTTERS MACKAY INC. File No 702773-001-RP Author Manager Property Services Purpose To approve the renewal of the Pioneer Potters Mackay Inc. lease for an area of approximately 389m2 being part of Lot 1 on SP262693, 8 Loughnane Court, North Mackay. Background/Discussion Mackay Regional Council is the owner of Lot 1 on SP262693 located on the northern end of Loughnane Court, North Mackay. MIN/05.11.2011 FOLIO 35219 FINAL MINUTES WEDNESDAY 5 NOVEMBER 2014 Pioneer Shire Council established a 30 year lease with the Pioneer Potters Mackay Inc. on the site in 1991, and such lease expired on 3 March 2011. Property Services and Sport and Recreation staff entered into lease negotiations with the club to ensure all requirements were met resulting in the completion of a Land Management Plan and agreement being reached on lease conditions. It is the club’s desire to remain on their current site with a renewed lease to allow them to be able to carry on as a well-respected recreational organisation for their members and the wider community. Council has experienced no major issues with the club over the last 30 year period in regards to their compliance with lease conditions with both the site and facilities being well maintained. The previous lease contains a clause guaranteeing that if the club has been compliant with the conditions of the lease a new 30 year lease will be issued to the club on completion of the first lease. The club has complied with the conditions and legal advice was sought on Councils ability to reduce the new term to 10 years to bring the lease in line with our current lease periods, however our legal advice confirms the club should be given another 30 year term. The new lease will be on the current documentation with today’s standard clause, excepting the term. Consultation and Communication Committee Members Pioneer Potters Mackay Inc, Asset and Lease Officer, Property Services and Sport and Recreation Coordinator, Community Lifestyle. Solicitors SB Wright & Wright and Condie confirmed as compliance had been met by the Lessees in respect to the previous lease Council is required to also meet compliance by granting a new lease for the 30 year term. Resource Implications All costs incurred in respect of the preparation and lodgement of the lease document to be borne by the lessee. The lease will be a standard ‘community’ type lease inclusive of peppercorn rental of $50.00 per annum and other like conditions. Risk Management Implications The Pioneer Potters Mackay Inc. have been in existence on the site for the past 30 years helping people from across the region’s various communities to learn pottery. Should the lease not be renewed, both our community and region would not be able to benefit from the opportunities that arise from such a community group. The group will be required to develop a plan of management ensuring the facility is managed in a safe and prudent manner and the group also holds all appropriate insurances.