Sunday, 18 September 2011
Land donation & Council lease secures Otway CFA site
In February 2010 Council agreed to accept the generous offer of the donation of land in Lavers Hill, which has been used by the Otway CFA for their shed and water tanks. The land was owned privately, not by the CFA. The purpose of the donation was to secure the site for the use of the CFA for as long as it is required. The full Council report is in the Ordinary Meeting agenda of 24/2/’10 and can be accessed via the following link:
The Minutes for the meeting on 24/2/'10 can be accessed via the following link:
I was concerned to ensure that the right of the CFA to use the site had the maximum protection against any changes that may take place in Council in future years. The current Council unanimously supported a proposal to offer a 50 year lease to the CFA at a rental of $1 per year. It is necessary to have a rental figure to make the agreement legally binding on the Council.
After the title was returned from the Titles Office it was possible to arrange to sign the lease. It was necessary to advertise the intention to lease the land to comply with the Local Government Act. This added to the time taken to enter into the lease.
In the meeting on 29/6/’11 Council formally agreed to sign the lease. I was concerned that a clause in the lease could mean that a future Council could effectively charge the CFA to use the site by levying a Shire “rate” on the land. Whilst the current Council has no intention to do this, the aim is to secure the site for the CFA for the years to come. The attitude of future Councils can change whenever the Councillors change. To prevent the levy of a Council rate on the site, I moved a resolution that added words to the lease to ensure that the CFA is not required to pay Council rates on the site during the 50 year term of the lease. The relevant resolution is contained in the Ordinary meeting Minutes for 29/6/’11 on page 26. Councillors unanimously supported this resolution.
Key points are;
Land is leased to the CFA for 50 years from 1 August 2011,
The CFA is not required to pay Council rates on the site for the duration of the lease, and
The rent is $1 per year for the 50 year term.
By entering into this lease the current Council has done all we can to secure this site for the CFA as was intended when the donor generously donated the land to Council. The lease is an extra layer of protection against any changes that may occur in Council during the next 50 years. By making this matter common knowledge it will be easier to take advantage of the security the lease offers, should that need ever arise.
Please feel free to contact me on 5237-3196 if you would like to discuss this or any other Council matter.
To comply with the Councillor Code of Conduct I need to make it clear that these comments are my personal report. I am not speaking on behalf of the Council.