Late Items Agenda of General

Description: Maranoa Logo Process

Late Items

Business Paper

General Meeting

Wednesday 12 March 2014

Roma Administration Centre

NOTICE OF MEETING

Date: 11 March 2014

Mayor: Councillor R S Loughnan

Deputy Mayor: Councillor W S Wason

Councillors: Councillor J L Chambers

Councillor R J Denton

Councillor P J Flynn

Councillor W M Newman

Councillor C J O’Neil

Councillor M L Price

Councillor D J Schefe

Acting Chief Executive Officer: Mr Michael Parker

Senior Management: Mr Cameron Castles (Director Infrastructure Services)

Mr Rob Hayward (Director Development, Facilities & Environmental Services)

Ms Sharon Frank (Director Corporate, Community & Commercial Services)

Officers: Ms Jane Frith (Coordinator Corporate Communications)

Please find attached agenda for the General Meeting to be held at the Roma Administration Centre on March 12, 2014 at 9.00am.

Michael Parker

Acting Chief Executive Officer

Maranoa Regional Council

General Meeting - 12 March 2014

Officer Report

Meeting: General 12 March 2014	Date: 6 March 2014
Item Number: L.1	File Number: D14/15419

Subject Heading: Cobb & Co Coach in the Easter in the Country Parade

Classification: Open Access

Name of Applicant:

Location:

Author & Officer’s Title: Johanne(Jo) Hancock, Local Development Officer - Surat

Executive Summary:

The Cobb & Co Coach (currently based in Surat) will be repaired and roadworthy by mid- April. This would enable the Coach to be used in the Easter in the Country Parade on Saturday 19 April 2014, whether pulled by horses, or on the back of a truck.

As this Coach is the main exhibit in the Cobb & Co Store Museum in Surat, there is concern around the potential for damage and the lack of the museum’s most popular exhibit when the Coach is being used elsewhere. Opportunity exists for Council to build a replica of the Coach to be used for promotion in parades and trail rides, without depriving the Surat Museum of their main feature.

Officer’s Recommendation:

1. That Council consider whether they wish to use the Coach as their form of transport in the Easter in the Country Parade on Saturday 19 April 2014.

2. That Council develop a strategy to fund and build another coach to be used for promotion in parades, trail rides and other events.

Body of Report:

Council owns a replica of a Cobb & Co Coach, which is currently the main exhibit in the Cobb & Co Store Museum in Surat. The Coach has previously been used in parades and trail rides, and is currently undergoing repairs and maintenance to ensure it is roadworthy.

The Coach is a wonderful asset and using it in the Easter in the Country parade is a great opportunity to promote the Coach and the Museum, the Cobb & Co Changing Station and the Yuleba Anniversary Trail Ride. It has also been suggested that the Coach could also be used to transport the Councillors in the parade. There are two options for inclusion in the parade:

a) Use a horse team and coach driver. The cost of the team and driver is $7,700 plus costs for a Council staff member to transport the Coach to Roma and return on the coach trailer.

b) Have the Coach placed on the back of a truck. The cost for truck, driver and staff to assist in loading and unloading is $2650. The availability of qualified staff may be an issue as it is Easter Saturday.

The promotional value of the Coach in the parade should be weighed against the potential for the Coach to be damaged, with the resultant removal of the Surat Museum’s biggest asset. Using the Coach on Easter Saturday would also mean the Coach would be unavailable to Museum visitors in Surat on that day.

Concerns have been raised by Council and the Surat community about the potential for damage every time the Coach is used. An alternative would be to build another replica coach to be used for promotion eg trail rides, parades and displays both within the region and further afield such as the Brisbane Exhibition. An approximate cost on building a new replica would be $80,000.

Consultation (internal/external):

Steve Ralph – Coachbuilder and driver – Glass House Mountain

Bob Edwards – Coach Driver – Toowoomba

Loren Clanchy – Acting Coordinator of Roads and Drainage South

Jo Weinert – Surat Library & Cultural Services Officer

Megan Swords – Tourism Coordinator

Ed Sims – Manager

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

Legal – Public Liability and risk associated with the use of Animals in Public areas

Legal – Public Liability and risk associated with using the Horse Drawn cart on a Public Road

Financial Risk – Potential damage to the Coach.

Policy Implications:

Nil

Financial Resource Implications:

– The $7700(inc) cost of Horses and Driver and the extra cost of wages and fuel to transport the Coach to and from Roma.

– The $2650 cost of a Council truck, driver & Labourer on Easter Saturday.

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.4.2(b) To operate and maintain Council’s regional tourism facilities in an efficient manner and to an acceptable standard for the enjoyment of residents and visitors.

Supporting Documentation:

Nil

Report authorised by:

Susan (Sue) Sands, (Acting) Coordinator - Local Development & Council Events

Edward Sims, Manager - Economic & Community Development

Maranoa Regional Council

General Meeting - 12 March 2014

Officer Report

Meeting: General 12 March 2014	Date: 10 March 2014
Item Number: L.2	File Number: D14/16423

Subject Heading: Santos Pipeline Easement - GLNG CRWP Loop

Classification: Open Access

Name of Applicant:

Location:

Author & Officer’s Title: Tanya Mansfield, Manager - Facilities

Executive Summary:

Santos has requested Council approve the relinquishment of Easement 713689441, and consider and sign a Deed of Easement in respect to Council owned freehold land known as Lot 3 on RP58256, County of Westgrove, Parish of Mt Hutton with Title Reference 13978189.

Council is asked to consider this matter.

Officer’s Recommendation:

That Council authorise its Chief Executive Officer to:-

1. Execute the Surrender of Easement number 13978189 being Easement CB on SP225707.

2. Sign the Deed of Easement between Maranoa Regional Council and Total GLNG Australia, PAPL Downstream Pty Ltd, KGLNG Liquefaction Pty Ltd and Santos GLNG Pty Ltd subject to the successful resolution of the following:-

(a) Council be paid an annual compensation amount;

(b) Santos pay Council’s legal fees in accordance with the provisions of the Petroleum and Gas (Product and Safety) Act 2004.

Body of Report:

Santos has requested Council agree to a Deed of Easement in respect to Lot 3 on RP58256. This land is vacant, freehold land adjacent to forestry reserve.

Santos currently has an easement in place over this land. Santos agrees to surrender Easement 713689441 entered into on 28 September 2009 (the current easement) in lieu of a New Easement being agreed to for the Existing and Additional Pipeline.

Santos seeks Council’s consent to enter the Easement Area to construct and operate the additional pipeline. Santos has amended its Pipeline Licence to provide for construction, operation and maintenance of the Additional Pipeline. The attached plan identified where Santos intends the Additional Pipeline to run.

If Council decides to execute the deed, Council agrees to:-

(a) Allow Santos to enter the Easement Area to construct and operate the Additional Pipeline (Council’s cannot object to Santos constructing the additional pipeline, but can negotiate the terms of the easement and/or the consideration payable; and

(b) Grant Santos the easement for the existing pipeline and the additional pipeline.

Consideration

Santos has offered to pay Council $500 plus GST (if applicable) as consideration for the new easement.

Compensation

Santos has offered to pay Council $2,600 plus GST (if applicable) as compensation (in addition to the consideration) for:

· The exercise of any rights under the Deed;

· The exercise of any rights under the new Easement; and

· The exercise of any rights pursuant to the Pipeline Licence.

The New Easement constitutes a conduct and compensation agreement in respect of the whole of Santos’s Compensation Liability to Council under the Petroleum and Gas (Product and Safety) Act 2004 for the activities in the Deed, the Easement and the Pipeline Licence regardless of whether the easement is registered.

This means that Santos’ entire obligation to compensate for the duration of the New Easement will be met by the one-off payment of $2,600. There is no ongoing compensation. Council may wish to consider imposing an additional annual compensation amount.

Compensation by Occupiers

The compensation paid to Council under this Deed includes compensation for any occupier of the Property. The Deed provides that Council agrees to indemnify Santos against any claim by an occupier in regard to compensation.

Other Payments

(a) The deed provides that Santos must pay any reasonable fees for producing the certificate of title, all registration fees, any reasonable fees payable for obtaining any necessary consents and any duty that is payable on or in relation to the deed, the easement, the surrender or the final easement plan.

(b) The deed does not specifically state that Santos is responsible for Council’s legal costs in connection with the granting of the easement. However under the Petroleum and Gas (Product and Safety) Act 2004 Santos is responsible for Council’s reasonable legal costs and such it is recommended that the deed is amended to reflect this.

Restrictions on Council as a Result of the Deed

As per the terms of the current easement, Council must not:

(a) Sell the property without first notifying Santos in writing;

(b) Subdivide the property or make any other application under the Sustainable Planning Act without first obtaining Santos’ consent, which must not be unreasonably held or delayed; and

(c) Carry out or permit others to carry out activities in relation to the Easement Area which would affect Santos’ ability to exercise its rights under the deed.

No Challenges to Approvals

The Deed provides that:

(a) Council must not object to, question, challenge, or make submissions in relation to, or commence any claim, proceedings or actions to object to, question or challenge, the issue of or exercise of rights under any Approvals; and

(b) Council must procure consent of the holders of any other Encumbrances, other than Santos, to the New Easement.

Consultation (internal/external):

Brendan McGrath, McInnes Wilson Lawyers

Santos

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

There is an existing easement on site, which will be replacement by the proposed new easement.

Policy Implications:

Santos and other entities currently have easements on Council land.

Financial Resource Implications:

Council will receive some compensation from Santos for the easement.

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.2.3(a) To implement Council’s governance policies and procedures in an evolving organisational environment whilst ensuring legislative relevance, consistency and fairness in application.

Supporting Documentation:

1 View	Deed of Easement	D14/16559
2 View	Map Showing Easement Area	D14/16561

Report authorised by:

Robert Hayward, Director - Development, Facilities & Environmental Services

Maranoa Regional Council

General Meeting - 12 March 2014

Councillor Report

Meeting: General 12 March 2014	Date: 10 March 2014
Item Number: L.3	File Number: D14/16518

SUBJECT HEADING: Drink vending machine - Roma Airport

Classification: Open Access

Author & Councillor’s Title: Cr Joy Denton

Councillor’s Recommendation:

That Council consider one of the following two options:

1. Advertise the sale of the Council owned vending machine in line Section 224 of the Local Government Regulation 2012 and Council’s Procurement Policy to dispose of the drink vending machine;

2. Authorise the Chief Executive Officer to negotiate sale of the drink vending machine directly with the Roma Aero Club on the basis of the club being defined as a ‘Community Organisation.’

Background:

At the Airport Advisory Committee meeting on 5 February 2014, a request was put forward by the committee that Council give consideration to selling a Council owned drinks vending machine, previously located at the former Roma Airport Terminal.

The vending machine is not currently in use at the new airport terminal, and is in storage. Council’s need for the vending machine at the Roma Airport has now diminished with the Kiosk operating at the Roma Airport Terminal.

The Roma Aero Club, via the Airport Advisory Committee, has indicated an interest to purchase the vending machine.

The club currently leases a vending machine from a supplier, drawing profit from the sale of purchased drinks for the benefit of the club. The machine is located opposite the check-in counter at the Roma Airport. This machine is now of an age where service and repairs are more frequently required, rendering the machine often ‘out of service.’ There are no local contractors authorized to service the vending machine locally under current arrangements contained within the lease.

Consultation:

Airport Advisory Committee

MRC Manager Airports (Roma, Injune & Surat)

MRC Acting Chief Executive Officer – Michael Parker

Manager – Finance – Alan Marchant

Coordinator – Elected Members & Community Engagement – Kelly Rogers

Policy Implications:

Under Section 224 (Division 2) of the Local government Regulation 2012, a local government must undertake a number of steps before it can enter into a ‘valuable non-current asset contract,’ A valuable non-current asset in this context, is defined as an asset that has an apparent value that is equal to or more than a limit set by the local government.

A limit set by the local government can not be more than $5,000 for plant or equipment.

Under Council’s Procurement Policy, all obsolete or surplus goods to be disposed of that are valued over $5,000, are to be reported to Council with a recommendation from the appropriate Director in accordance with Section 224 of the Local Government Regulation 2012, as to how the goods should be dealt with. Council will only need to seek tenders for the disposal of an asset where the value of the asset exceeds $5,000 for plant & equipment.

Exceptions for valuable non-current assets disposal other than by tender or auction is in the instance of the valuable non-current asset being disposed of to a community organization.

A representative of the Roma Aero Club has advised that the club is incorporated club and a ‘Not for Profit’ organisation. Documentation in confirmation of this status has been provided by the Roma Aero Club.

To define a ‘Community Organisation,’ the Local Government Regulation 2012 Section 195 refers to the definition being clarified in Council’s Community Grants Policy, and includes the criteria for a community organization to be eligible for a grant.

The organization must meet one of a number of criteria, the first being that the organization must be a ‘not for profit’ legal entity.

Financial Resource Implications:

The vending machine is owned by Council and its value is subject to depreciation from normal use, wear and tear. Sale of the vending machine would partially cover the purchase price of the machine.

Supporting Documentation:

Nil

Maranoa Regional Council

General Meeting - 12 March 2014

Councillor Report

Meeting: General 12 March 2014	Date: 10 March 2014
Item Number: L.4	File Number: D14/16560

SUBJECT HEADING: Passenger Tax application - Injune Airport

Classification: Open Access

Author & Councillor’s Title: Cr Joy Denton

Councillor’s Recommendation:

That Council considers the committee’s recommendation to introduce a ‘per passenger’ charge for charter flights landing at the Injune Airport, in line with the current charges applied at the Roma Airport.

Background:

Members of the Airport Advisory Committee enquired on the application of passenger tax at the Injune Airport, requesting that Council give consideration to initiating a ‘per passenger’ charge in line with the current charge applied at the Roma Airport, for the Injune Airport. This request specifically relates to charter operations.

The committee did not discuss the remaining airports operating in the region (Mitchell & Surat).

The current charges specified under Council’s Fees & Charges Register (Page 4) are as follows, and apply per passenger

Roma Airport:

Passenger tax for Charter and Regular Public Transport:

Adult $25.30

Child $12.65

Security Screening for Charter and Regular Public Transport:

Adult $17.60

Child $ 8.80

Landing Charge per ton of maximum take off weight:

$16.00*

Aircraft parking charge per day:

$8.00*

*there are several options for an annual fee to be paid, amounts vary depending of aircraft type and commercial/Private owned.

Injune, Surat and Mitchell Airports:

Landing Charge per ton of maximum take off weight:

$16.00

Note: There is No option for an annual fee.

Consultation:

MRC Airport Advisory Committee

Manager Airports (Roma, Injune, Surat &Mitchell)

Coordinator – Elected Members & Community Engagement

Policy Implications:

Nil

Financial Resource Implications:

If the proposed fee is not applied to Injune Council could loose revenue, this assumption is on the basis that the aircraft landing at Injune would have landed at Roma.

Council does not currently have historical passenger numbers and aircraft movements at the Injune Airport. A study would need to be conducted to further firm up the estimated loss of revenue.

It is estimated that there could be a potential loss of revenue up to the value of $50,000.

Supporting Documentation:

Nil