2019-02-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                     12 FEBRUARY 2019


All other aspects of the proposal remain as previously reported. The new recommendation
above is drafted to rescind the previous resolution and notes Council is applying the exception to
the need for a tender process, in accordance with Local Government Regulation provisions for
telecommunications towers. The exemption for leases for telecommunication towers was not
noted in the previous report but should have been, hence the repeal of the previous resolution
and the inclusion of the relevant reference to the exemption in the recommendation above. The
relevant provision of the Local Government Regulation is below.
Extract from Local Government Regulation
236 Exceptions for valuable non-current asset contracts
    (1) Subject to subsections (2) to (4), a local government may dispose of a valuable non-
        current asset other than by tender or auction if—
        (c) for the disposal of land or an interest in land—
        (vi) the disposal is for the purpose of a lease for a telecommunication tower;
Previous Council Consideration
Ordinary Meeting Minutes, 17 January 2019, Item 4, Page 6
That Council note the report by the Property Advisor to the General Committee Meeting dated 14
January 2019 regarding the telecommunications lease on Council premises at Cooyar Street,
Noosa Heads and agree to enter a commercial lease of the premises to Optus Mobile Pty Ltd as
outlined in the report.
Finance
The financial return posed by the new lease is as detailed above. Some legal and transaction
costs will be incurred in the order of $2,500. Lease revenue will be incorporated in the 2019/20
budget.
Risks & Opportunities
The proposed lease poses minimal risk because it relates to co-location with an existing
telecommunications tower and is only 24m2 in area. The lease presents an opportunity to
improve servicer provision by Optus to residents in addition to providing a revenue stream to
ratepayers.
Consultation
External Consultation
 Argon Law Solicitors
Internal Consultation
 Property Officer
Departments/Sections Consulted:
   Chief Executive Officer        Community Services                          X   Corporate Services
   Executive Officer              Director                                        Director
   Executive Support              Community Development                           Financial Services
                                  Community Facilities                            ICT
                                  Libraries & Galleries                           Procurement & Fleet
                                  Local Laws                                  x   Property
                                  Waste & Environmental Health                    Revenue Services

   Executive Services             Environment & Sustainable Development           Infrastructure Services
   Director                       Director                                        Director
   Community Engagement           Building & Plumbing Services                    Asset Management
   Customer Service               Development Assessment                          Buildings and Facilities
   Governance                     Economic Development                            Civil Operations
   People and Culture             Environmental Services                          Disaster Management
                                  Strategic Land Use Planning                     Infrastructure Planning,
                                                                                  Design and Delivery



                                                                                               Page 4 of 130