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3.2. TRUSTEE LEASE TO PUBLIC SAFETY BUSINESS AGENCY ON BEHALF OF KIMBERLEY RURAL FIRE BRIGADE - LOT 85 SP 219631 FOREST CREEK ROAD

REPORT AUTHOR Robert Donovan, Team Leader Property

MANAGER Terry, Farrelly, Manager People and Community Services

DEPARTMENT People and Community Services RECOMMENDATION

That Council:

1. Offer a Trustee Lease to Public Safety Business Agency on behalf of Kimberley Rural Fire Service over part of Lot 85 SP219631 Forest Creek Road

i. For a term of 10 years from date of execution

ii. Utilising the terms and conditions of the Standard Terms and conditions document registered under dealing number 717940164 and also the States mandatory Terms Document registered under number 711932933

iii. Lease payments to be $150 per annum plus GST with annual CPI increases as per lease

iv. Pay all reasonable costs associated with the lodgment of lease documents with the title's office

2. Delegates authority under section 257 of the Local Government Act 2009 to the Chief Executive Officer to determine and finalise any matters associated with the execution of the Trustee Lease.

EXECUTIVE SUMMARY

The Public Safety Business Agency (PSBA) is applying on behalf of the Kimberley Rural Fire Brigade (KRFB) seeking Councils approval to secure a 10 year trustee lease on part of Lot 85 SP219631 Forest Creek Road for the provision of fire emergency service.

A shed exists on this allotment and had been used by the State Emergency Services (SES) for many years. In May 2018 SES advised Council that they do not have any requirements for this facility and supports the request by the Rural Fire Service to enter into an arrangement with Douglas Shire Council to continue and use and develop the facility.

Lot 85 SP 219631 is Council controlled trustee land with the Purpose of Recreation. As the proposed use of the facility is inconsistent with the Purpose of the land, a Land Management Plan is being developed by Council Officers which will be submitted to the Department of Natural Resources, Mines and Energy concurrently with the proposed trustee lease for lodgment on the title.

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BACKGROUND

The building was previously occupied by the now disbanded Kimberely State Emergency Service Group and was also used as an SES headquarters. As the SES have no requirements to this facility, they have relinquished all use of the building and fully supports the Kimberley Rural Fire Service to enter into an arrangement with Council to lease the premises.

The Forest Creek and Kimberley Fire Brigade (KRFB) have amalgamated into one body known as the Kimberly Rural Fire Brigade and are attracting new members.

KRFB are also keen to purchase new equipment, hold fund raisers and apply for grants to upgrade the existing facility, unfortunately this is very difficult without a permanent place of occupation.

The KRFB approached PSBA to act on behalf of the KRFB to secure a 10 year trustee lease with council on part of Lot 85 RP219631. Council Officers have been working with PSBA to achieve this goal.

COMMENT

The KRFB is highly desirous of leasing this disused facility for use as a volunteer fire station and headquarters and enter into a lease as the Rural Fire Brigade policy does not allow the KRFB to apply for grants until a lease has been secured.

PROPOSAL

This report is prepared in order to obtain Council approval to enter into a 10 year trustee lease with the PSBA on behalf of KRFB. The leased area will be approximately 1,000M2 on which the existing shed is located.

FINANCIAL/RESOURCE IMPLICATIONS

To be consistent with other leases Council has with PSBA. It is recommended the annual lease payment will be $150.00 plus GST per annum.

The lessees to pay for all fees associated with lodgment of survey plans and leases.

RISK MANAGEMENT IMPLICATIONS

Granting a lease to PSBA will have no impact on Council’s liability exposure. Council’s Property Unit undertakes annual lease compliance inspections and at the time of the inspections, facilities are inspected from a health and safety perspective and the Lessees current insurances.

SUSTAINABILITY IMPLICATIONS

Economic: Nil

Environmental: This service will be a very important part of the community and deliver a much needed service to the area.

Social: Granting tenure of the premises will allow the brigade to share the use of the building to encourage the local community to become involved and raise funds for the brigade.

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CORPORATE/OPERATIONAL PLAN, POLICY REFERENCE

This report has been prepared in accordance with the following:

Corporate Plan 2014-2019 Initiatives:

Theme 1 - Celebrating Our Communities

Douglas Shire Council embraces the diversity of our communities and values the contribution that all people make to the Shire. We recognise that it is a core strength of the region. We acknowledge our past so that it may guide us in the future. We recognise the wrongs done to our Indigenous community and we actively seek to reconcile so that we may all benefit from and enjoy our Shire. We acknowledge early European settlers who forged an agricultural base for our economy and we welcome all new arrivals as part of our broader community.

Goal 1 - We will celebrate the diversity of our community and ensure that all infrastructure, programs, and services are underpinned with inclusiveness and accessibility.

Goal 2 - We will deliver programs and services that protect and enhance the liveability of our beautiful Shire.

Goal 3 - We will develop programs that promote health, well-being and safety in the community.

COUNCIL’S ROLE

Council can play a number of different roles in certain circumstances and it is important to be clear about which role is appropriate for a specific purpose or circumstance. The implementation of actions will be a collective effort and Council’s involvement will vary from information only through to full responsibility for delivery. The following areas outline where Council has a clear responsibility to act:

Custodian Council owns and manages infrastructure, facilities, reserves, resources and natural areas. In fulfilling its role as custodian, Council will be mindful of the community, the economy, the environment, and good governance.

Facilitator Council often brings stakeholders together on important issues, projects or for service delivery. In this role, Council can act as a mediator, connector, collaborator or initiator.

CONSULTATION

Internal: Council Staff

External: Department of Natural Resources, Mines and EnergyPublic Safety Business Agency

ATTACHMENTS

1. Proposed lease area [3.2.1 - 1 page]2. Advice form SES [3.2.2 - 1 page]

Attachment 3.2.1 14 of 31

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Attachment 3.2.2 15 of 31

Special Council Meeting - 10 August 2020