I hereby give notice that an Ordinary Meeting of Council will be held on:

 

Date:

Tuesday, 9 March 2021

Time:

9.00am

Location:

Council Chambers

Administration Office

10 Furneaux Street, Cooktown

 

 

AGENDA AND BUSINESS PAPERS

 

Ordinary Council Meeting

 

9 March 2021

 

 

Linda Cardew

Chief Executive Officer

 


 


Ordinary Council Meeting Agenda                                                                      9 March 2021

Order Of Business

1          Agenda Contents. 5

2          Attendance. 5

3          Meeting Opened. 5

4          Apologies. 5

5          Acknowledgement of Country. 5

6          Declarations of Interest. 5

7          Mayoral Minute. 5

Nil

8          Notice of Bereavement. 5

9          Leave of Absence. 5

10       Confirmation of Minutes. 5

11       Business Arising. 5

12       Notified Motions. 5

Nil

13       Councillors' Reports. 6

13.1          Councillors' Monthly Reports. 6

14       Executive Services  - Reports. 8

14.1          Chief Executive Officer's Monthly Report 8

15       Community, Economy and Innovation - Reports. 9

15.1          Presentation of Cook Shire Youth Council meeting minutes. 9

15.2          Approval of mural for Blue Water Club building. 11

15.3          Cook Shire Council - Beneficial Enterprises - Establishment of Steering Committees. 13

16       Organisational Business Services - Reports. 16

16.1          Presentation of Audit and Risk Committee Minutes. 16

16.2          Risk Management Policy and Risk Management Framework. 18

16.3          Revenue Policy. 20

16.4          Councillor Investigation Policy. 22

16.5          Advertising Expenditure Policy. 24

16.6          2020/2021 Revised Budget 26

16.7          Finance Report - February 2021. 30

17       Infrastructure - Reports. 34

17.1          Bureau of Meteorology Agreements - Cooktown & Coen Airports. 34

18       Confidential Reports. 37

Nil

 


1          Agenda Contents

2          Attendance

3          Meeting Opened

4          Apologies

5          Acknowledgement of Country

On behalf of all Councillors, the Mayor acknowledges the Waymburr Warra people, Traditional Custodians of the land on which we meet today, and pay respects to all Traditional Owners, past, present and emerging throughout Cook Shire.

6          Declarations of Interest

7          Mayoral Minute

Nil

8          Notice of Bereavement

A minute’s silence will be observed as a mark of respect for those residents who passed away during the previous month.

9          Leave of Absence

10       Confirmation of Minutes

Ordinary Council Meeting held on 9 February 2021

11       Business Arising

12       Notified Motions

Nil


Ordinary Council Meeting Agenda                                                                      9 March 2021

13       Councillors' Reports

13.1     Councillors' Monthly Reports

File Number:           D21/3162

Author:                    Executive Assistant

Authoriser:              Linda Cardew, Chief Executive Officer

Attachments:          1        Mayor Peter Scott  

2        Deputy Mayor Robyn Holmes  

3        Cr Peter Burns  

4        Cr John Dessmann  

5        Cr Larissa Hale  

6        Cr Ross Logan  

7        Cr Marilyn Morris   

 

Precis

Councillors’ monthly activity reports.

Background/History

Each month Councillors report on their activities relating to their portfolios. An endorsement of the report is an endorsement of the attended and future activities. Not all activities will be listed in advance due to timing.

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 3: Develop a clear communication plan to inform the workforce, community and elected members in order to achieve greater understanding of council decision making processes, policies, legislation and compliance requirements.

Objective 3c: The community is kept informed and is generally well satisfied with the overall leadership and strategic direction undertaken by Council.

Consultation

Various groups as per individual reports.

Legal Implications (Statutory, Basis, Legal Risks)

Nil.

Policy Implications

Councillor Expense Reimbursement Policy

Financial and Resource Implications (Budgetary)

Operational Budget.

Recommendation

That the activities contained in the individual Councillors’ monthly reports and travel requirements be endorsed by Council.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

14       Executive Services  - Reports

14.1     Chief Executive Officer's Monthly Report

File Number:           D21/3163

Author:                    Executive Assistant

Authoriser:              Linda Cardew, Chief Executive Officer

Attachments:          1        Chief Executive Officer - Monthly Report - February 2021   

 

Precis

Chief Executive Officer’s monthly report.

Background/History

Each month the Chief Executive Officer reports on their external activities. An endorsement of the report is an endorsement of the attended and future activities. Not all activities will be listed in advance due to timing.

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 3: Develop a clear communication plan to inform the workforce, community and elected members in order to achieve greater understanding of council decision making processes, policies, legislation and compliance requirements.

Objective 3c: The community is kept informed and is generally well satisfied with the overall leadership and strategic direction undertaken by Council.

Consultation

Various groups and community members as indicated in the attached.

Legal Implications (Statutory, Basis, Legal Risks)

Nil

Policy Implications

Nil.

Financial and Resource Implications (Budgetary)

Recommendation

That the activities contained in the Chief Executive Officer’s monthly report be endorsed by Council.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

15       Community, Economy and Innovation - Reports

15.1     Presentation of Cook Shire Youth Council meeting minutes

File Number:           D21/4712

Author:                    Executive Assistant (CEI and OBS)

Authoriser:              Lawrence Booth, Director Community, Economy and Innovation

Attachments:          1        Youth Council Advisory Group Minutes - 4 February 2021   

 

Precis

The purpose of this report is to present to Council the Minutes from the Cook Shire Youth Council Advisory Group meeting held on 4 February 2021.

Background/History

Council’s adopted 2020 – 2021 Operational Plan includes a project to establish a Youth Council.  Council is in the process of establishing the Youth Council to provide the youth of Cook Shire with the opportunity to provide input into planning, policy development and program delivery that positively impacts on current and future generations. The Youth Council will also serve as a means of further developing the leadership skills and capacity of young people, building connections with the community and one another.

In order to drive the establishment of the Youth Council, Council formed a Youth Council Advisory Group to provide broad ranging advice about the structure, roles and functions of a potential Youth Council, as well as ways to encourage the involvement of the Shire’s youth in the initiative.

Concurrently, a Working Group was also formed as a sub-committee to develop a Terms of Reference to guide the operations of the Youth Council, as well an Application Form and Application process.  These documents were presented and adopted at the Council meeting held on 9 February 2021.

On approval of the Terms of Reference and other documents, an Expression of Interest (EOI) process has been advertised, calling for nominations from youth interested in being involved in the Youth Council.  The EOI closes at 5:00pm on 13 March 2021, after a Youth Workshop which is planned for that day to provide nominees with more information about the operation of the Youth Council.  A further report will be presented to Council to endorse the appointment of members to the Youth Council, following a meeting of an Assessment Panel.

In terms of best practice, the Minutes of the Advisory Group Meeting will be presented to Council for endorsement.

Link to Corporate Plan

Council’s 2017-2022 Corporate Plan captures the requirement for legislative compliance as follows:

Community - A sense of Common purpose, whilst retaining local diversity, with the goals and aspirations of individual communities reflected in localised strategy and planning.

Strategy 2:       Develop and build on community engagement measures to encourage inclusiveness and partnerships within communities.

Objective 2a: Community engagement measures are developed and implemented.

Strategy 3: Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community.

Objective 3a: Opportunities and partners are identified to advance services and facilities for all Shire communities through increased community capacity, leadership and self-responsibility.

Consultation

There has been extensive stakeholder consultation with the Youth Council Advisory Group and the Youth Council Working Group in the development of the Youth Council Terms of Reference, operational protocols, as well as the planned Youth Workshop.

Legal Implications (Statutory, Basis, Legal Risks)

There no identified legal or risk implications associated with the tabling of the Meeting Minutes.

Policy Implications

The development of the Youth Council is an approved initiative in Council’s 2020-2021 Operational Plan.  The Operational Plan is an annual document which establishes how the Strategies and Objectives established in Council’s Corporate Plan will be achieved each year.  The Corporate Plan is a 5-Year strategic document, which sets out how Council will deliver on the community’s aspirations as articulated in the over-arching Ten-Year Community Plan.

Financial and Resource Implications (Budgetary)

The costs associated with the management of the Youth Council Committee will be met out of Council’s approved Annual Budget 2020 – 2021.

Recommendation

That Council notes the Minutes of the Cook Shire Youth Council Advisory Group Meeting held on 4 February 2021.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

15.2     Approval of mural for Blue Water Club building

File Number:           D21/4806

Author:                    Senior Grants Officer

Authoriser:              Lawrence Booth, Director Community, Economy and Innovation

Attachments:          Nil

 

Precis

The Cooktown Blue Water Club Incorporated is seeking approval to undertake a beautification project on the Council-owned building within their waterfront lease. As required under Council’s Public Art Policy, all proposals for public art projects and monuments must be submitted to Council for assessment and approval prior to commencement.

Background/History

The main feature of this beautification project will be a mural covering the southern wall of the building, which forms the gateway to William Daku Park (see an initial artist’s impression of the proposed design below).

The club is confident the mural will be completed in time for Expo 2021 and will enhance the overall ambience of this space during and after the festival. A local artist has been commissioned to design and paint the mural.

 

 

This initiative aligns with Cook Shire Council’s Corporate Plan and Community Plan to advocate and support arts and cultural endeavours and encourage activities that promote a sense of identity for the whole shire. Additionally, the design reflects the activities of the Blue Water Club, and will improve the visual amenity of the club building and the entrance to the waterfront area.  

 

Consultation with Council Officers has shown that the mural aligns with Council’s public art policy, being an agreeable design using colours and nautical symbolism and is consistent with other public artworks on the waterfront. Additionally, from a planning perspective, the colours are sympathetic with the natural surrounds and reflect the uses seen every day along the waterfront and foreshore. The fish illustrations are compatible with Council’s waste bins which are placed along the frontage of William Daku Park and the mural will not detract aesthetically from the natural outlook to the Endeavour River or surrounding country and landscape.

Link to Corporate Plan

Key Strategic Priority: Community – A Sense of common purpose, whilst retaining local diversity, with the goals and aspirations of individual communities reflected in localised strategy and planning.

Strategy 4: Encourage vibrant and active community participation in arts, culture and national heritage activities to enrich lifestyle and encourage tourism.

Objective 4a: Visitors and locals are attracted to arts, cultural and heritage destinations within the Shire.

Consultation                

There has been comprehensive consultation with Regional Arts Officer, Manager Planning and Environment and Building and Facilities Team Leader in the preparation of this report.

Legal Implications (Statutory, Basis, Legal Risks)

There are no identified legal implications associated with the project. 

Policy Implications

The proposed mural has been assessed as being consistent with the intent of Council’s Arts and Culture Policy.

Financial and Resource Implications (Budgetary)

The Cooktown Blue Water Club as the lessee – which has a long-term lease over the building – will be required to maintain the mural as required for the term of their lease.

 

Recommendation

That Council endorses and provides approval for a mural to be painted on the southern wall of the Cooktown Blue Water Club building.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

15.3     Cook Shire Council - Beneficial Enterprises - Establishment of Steering Committees

File Number:           D21/4897

Author:                    Director Community, Economy and Innovation

Authoriser:              Linda Cardew, Chief Executive Officer

Attachments:          1        Nature's Powerhouse Steering Committee - Terms of Reference  

2        Cooktown Events Centre Steering Committee - Terms of Reference  

3        Barrier Reef Child Care Centre Steering Committee - Terms of Reference   

 

Precis

Cook Shire Council (Council) operates 3 Beneficial Enterprises as defined by the Local Government Act (the Act) – Nature’s Powerhouse, the Cooktown Events Centre and the Barrier Reef Child Care Centre.  In order to provide proper oversight of these Enterprises, Steering Committees are to be established.  Terms of Reference of each of the Steering Committees have been developed and are presented to Council for approval.

Background/History

A Beneficial Enterprise is defined in and governed by the Act.  A Beneficial Enterprise is defined as an enterprise that a local government considers is directed to benefitting, and can reasonably be expected to benefit, the whole or part of its local government area.

Under the Act, a local government is conducting a Beneficial Enterprise if the local government is engaging in, or helping, the Beneficial Enterprise.  The Act further defines the structural and financial arrangements under which a Beneficial Enterprise may operate.  The Act requires a local government to list all of the Beneficial Enterprises which it operates in its Annual Report.

Council operates 3 Beneficial Enterprises as defined under the Act:

·    Nature’s Powerhouse;

·    Cooktown Events Centre; and

·    Barrier Reef Child Care Centre.

The overarching function of the Steering Committees is to deliberate, advise, provide strategic oversight, and to help to ensure the achievement of defined outcomes for each of the Beneficial Enterprises.  Other functions of the Steering Committees include:

·    Providing input and advice;

·    Defining and monitoring the achievement of KPIs;

·    Identifying priorities;

·    Identifying potential risks and strategies to mitigate identified risks;

·    Monitoring risks; and

·    Other functions as defined in the Steering Committees’ Terms of Reference.

The roles of individual Committee members include:

·    Ensuring any strategies developed link with the overarching aim of the Enterprise;

·    Considering how they will know if the strategies have been achieved effectively;

·    Reviewing progress against the KPIs set;

·    Considering ideas and issues raised;

·    Providing guidance to staff managing the Enterprises;

·    Helping to balance conflicting priorities and resources;

·    Foster positive communication outside of the Committee; and

·    Actively promoting each Enterprise.

Terms of Reference for each of the Steering Committees have been developed and are attached to this report.

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4:  Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4f:  Council activities comply with applicable legislation through well maintained policies, procedure and information systems that guide and facilitate good decision making.

Consultation

There has been detailed consultation with Council’s Executive Leadership Team at a Planning Workshop and with Council at an earlier workshop.

Legal Implications (Statutory, Basis, Legal Risks)

The Steering Committees are being established to:

·    Ensure that Council complies with its obligations under the Act;

·    Provide strategic oversight of the Enterprises to ensure best value is derived from Council’s investment in the Enterprises; and

·    Mitigate any risks associated with operating the Enterprises.

Policy Implications

There are no identified Policy implications from establishing Steering Committees to provide oversight of Council’s Beneficial Enterprises.

Financial and Resource Implications (Budgetary)

Operating Budgets for each of the Enterprises were established and approved by Council as part of the process of developing the 2020 – 2021 Annual Budget.  The Steering Committees are being established for the express purpose of providing strategic oversight of the operation of the Enterprises to ensure best value is achieved.

 

Recommendation

That approval be granted for the establishment of Steering Committees for each of the following Beneficial Enterprises, together with associated Terms of Reference:

1.      Nature’s Powerhouse;

2.      Cooktown Events Centre; and

3.      Barrier Reef Child Care Centre.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16       Organisational Business Services - Reports

16.1     Presentation of Audit and Risk Committee Minutes

File Number:           D21/4708

Author:                    Executive Assistant (CEI and OBS)

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Audit and Risk Committee Minutes 15 February 2021   

 

Precis

The purpose of this report is to present to Council the Minutes from the Audit and Risk Committee Meeting held 15 February 2021.

Background/History

In accordance with the Local Government Regulation 2012 (QLD) as soon as practicable after a meeting of the Audit and Risk Committee, Council must be presented with written report about matters tabled at the meeting and the associated Committee recommendations. Accordingly, the minutes from the last Committee meeting are presented for noting. 

Link to Corporate Plan

Council’s 2017-2022 Corporate Plan captures the requirement for legislative compliance as follows:

Key Strategy Priority: Governance – Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedures and information systems that guide and facilitate good decision making.

Consultation

There is no requirement for consultation in relation to this activity.

Legal Implications (Statutory, Basis, Legal Risks)

Presentation of the Audit and Risk Committee Meeting Minutes to Council ensures compliance with section 211(1)(c) of the Local Government Regulation 2012 (QLD).

Policy Implications

There are no policy implications in relation to this activity.

Financial and Resource Implications (Budgetary)

All costs pertaining to the Audit and Risk Committee are included in Council’s annual budget.

Recommendation

That Council note the minutes of the Audit and Risk Committee Meeting held 15 February 2021.

 

 

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.2     Risk Management Policy and Risk Management Framework

File Number:           D21/4703

Author:                    Audit and Risk Advisor

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Risk Management Policy  

2        Risk Management Framework   

 

Precis

Councillors and staff have a statutory obligation to ensure all facets of Council’s operations are undertaken within the best interest of the community.  Therefore, there is a need to foster a risk management culture throughout the organisation to identify and document mitigating strategies for risks that have the potential to adversely impact on the effectiveness/efficiency on service delivery.

Council’s risk registers are currently being reviewed and part of that process incorporates the review of the Risk Management Policy and Risk Management Framework.  The policy and framework have been reviewed and are presented to Council for adoption.

Background/History

The Risk Management Policy and Risk Management Framework are the overarching documents that guide Council’s risk management practices.  There are many benefits in maintaining and improving risk management processes/procedures throughout the organisation and these benefits include:

·    increased community confidence in Council through informed decision-making

·    enhancing organisational reputation through sound governance frameworks and prioritising corporate objectives in a systematic manner

·    ability to take advantage of and act on opportunities not previously identified

·    integrates risk as a process and practice throughout Council, leading to efficiencies

·    promotes continual improvement

·    assists with legislative compliance and fulfilling audit requirements

·    assists with core business activities by addressing any relevant potential impacts

·    encourages proactive management and empowers employees to take responsibility for risks

A key element in the risk management process is the continual monitoring and reviewing of risks and in this regard a project plan has been developed and endorsed by the Audit and Risk Committee for the review of Council’s risk management documentation and risk registers.  One of the initial steps undertaken was the review of Council’s Risk Management Policy and Risk Management Framework.

The reviewed policy and framework has been presented to the Audit and Risk Committee and they endorse these documents to Council for adoption.

Link to Corporate Plan

Corporate Values and Principles: 2 –Adopting honest and progressive systems of accountability and reporting.

Key Strategy Priority: Governance – Accountable, responsible and appropriate governance and management reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4d: The provision of core Council services are underpinned by appropriate and accessible information, communication and technology systems.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedure and information systems that guide and facilitate good decision-making.

Consultation

In undertaking the review of the Risk Management Policy and Framework, consultation has occurred with LGMS Regional Risk Management coordinator and the Executive Leadership Team.  In addition, the reviewed policy and framework have been presented to the Audit and Risk Committee at their meeting on 15 February 2021 and they have endorsed these documents to Council.

Legal Implications (Statutory, Basis, Legal Risks)

Whilst it is industry best practice to have a robust risk management culture within Council, there is a legislative requirement being section164 (1) of the Local Government Regulation 2012 which states:

(1) A local government must keep a written record stating the following—

(a) the risks the local government’s operations are exposed to; to the extent they are relevant to financial management;

(b) the control measures adopted to manage the risks.

Risks that are relevant to financial management are identified in Council’s risk registers.

Policy Implications

The Risk Management Policy and Risk Management Framework are the overarching documents to guide risk management practices throughout the organisation.

Financial and Resource Implications (Budgetary)

Risk management forms part of everyday operations within Council therefor there are no financial or resource implications associated with the adoption of these documents. 

Recommendation

That Council adopts the Risk Management Policy and the Risk Management Framework dated 9 March 2021.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.3     Revenue Policy

File Number:           D21/2847

Author:                    Audit and Risk Advisor

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Revenue Policy   

 

Precis

Council is required to review its Revenue Policy on an annual basis and this review is to be completed in sufficient time to inform the budget for the forthcoming year.  This review has now been completed and the revised policy is presented to Council for adoption.

Background/History

As part of its Financial Management System, Council must have a Revenue Policy.  Section 193 of the Local Government Regulation 2012 provides further detail as to the legislative requirements of this policy and this information follows:

“(1) A local government’s revenue policy for a financial year must state—

(a) the principles that the local government intends to apply in the financial year for—

(i) levying rates and charges; and

(ii) granting concessions for rates and charges; and

(iii) recovering overdue rates and charges; and

(iv) cost-recovery methods; and

(b) if the local government intends to grant concessions for rates and charges—the purpose for the concessions; and

(c) the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.

(2) The revenue policy may state guidelines that may be used for preparing the local government’s revenue statement.

(3) A local government must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.”

The purpose of the policy is to outline the principles Council will apply when considering revenue raising options which will be included in budget deliberations for the forthcoming 2021/2022 annual budget.

As required by legislation, the Revenue Policy must be reviewed annually and this review has now been completed.  It is confirmed that the policy content conforms to all statutory requirements.

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedure and information systems that guide and facilitate good decision making.

Consultation

In reviewing the Revenue Policy consultation has been undertaken with Council’s Rates Officer and the Executive Leadership Team.

Legal Implications (Statutory, Basis, Legal Risks)

In accordance with section 104 of the Local Government Act 2009, Council must have a Revenue Policy as part of its Financial Management System.  Although the Revenue Policy must be included with the budget documentation when Council is adopting the annual budget, section 193 of the Local Government Regulation 2012 states:

            “A local government must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.”

Accordingly, the Revenue Policy is presented to Council at this meeting to coincide with the commencement of budget deliberations for the 2021/2022 annual budget.

Policy Implications

Council is statutorily required to have a Revenue Policy and to review this policy on an annual basis.

Financial and Resource Implications (Budgetary)

The review of the policy forms part of normal business operations therefore there are no additional financial and resource implications associated with this matter.

Recommendation

That Council adopts the Revenue Policy dated 9 March 2021 for the 2021/2022 financial year.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.4     Councillor Investigation Policy

File Number:           D21/4627

Author:                    Audit and Risk Advisor

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Councillor Investigation Policy   

 

Precis

With the local government reforms in 2018, the Department of Local Government, Racing and Multicultural Affairs (DLGRMA) developed a variety of template documents for local government to utilise.  One of these documents was an example Investigation Policy and there is a legislative requirement for Council to adopt an Investigation Policy.

Using the example policy provided by DLGRMA, Council originally adopted the Councillor Investigation Policy in December 2018.  DLGRMA updated their example Investigation Policy in September 2020 and these changes have now been incorporated into Council’s policy which is presented for adoption.

Background/History

Pursuant to section 150AE (1) of the Local Government Act 2009, Council is required to adopt an investigation policy about how it will deal with suspected inappropriate conduct of Councillors referred to Council by the Independent Assessor.  Furthermore, subsection (2) states certain matters that must be included and these are:

a)   include a procedure for investigating the suspected inappropriate conduct of councillors; and

b)   state the circumstances in which another entity may investigate the conduct; and

c)   be consistent with the principles of natural justice; and

d)   require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of the investigations.

These matters are included in the Councillors Investigation Policy and therefore is legislatively complaint.

Link to Corporate Plan

Corporate Values and principles: 2 – Adopting honest and progressive systems of accountability and reporting.

Key Strategy Priority: Governance – Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4a: Council’s workforce and culture reflect and promote Council values.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedures and information systems that guide and facilitate good decision making.

Consultation

The Executive Leadership Team have reviewed the changes incorporated in this policy and endorse adoption of the policy to Council.

Legal Implications (Statutory, Basis, Legal Risks)

In accordance with section 150AE (1) of the Local Government Act 2009, Council has a legislative obligation to adopt an investigation policy about how it will deal with suspected inappropriate conduct of Councillors referred to Council by the Independent Assessor.  Once adopted this policy must be published on Council’s website.

Policy Implications

As part of the local government reforms in 2018, the DLGRMA developed an example Investigation Policy.  Council utilised this example policy and originally adopted the Councillor Investigation Policy in December 2018.  DLGRMA updated the example policy in September 2020 and this revised policy, presented to Council for adoption, incorporates these changes.

Financial and Resource Implications (Budgetary)

There are no financial or resource implications with review of Council policies as this forms part of normal business operations.

Recommendation

That Council adopts the Councillor Investigation Policy dated 9 March 2021.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.5     Advertising Expenditure Policy

File Number:           D21/4628

Author:                    Audit and Risk Advisor

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Advertising Expenditure Policy   

 

Precis

Council has a legislative obligation to have an Advertising Expenditure Policy and a review of this policy has recently been completed and is presented to Council for adoption.

Background/History

As part of the its Internal Audit Plan, Council had engaged Internal Auditors to review Laws and Regulations Compliance which included a review of the numerous policies, registers and minutes that are required to be displayed on Council’s website.

This review established that Council was significantly compliant with statutory requirements but did find one medium risk finding.  This finding related to the Advertising Expenditure Policy, although legislatively complaint, was overdue for review.  This review has now been undertaken.

The key matters that are required to be addressed in the policy are detailed in section 197(2) of the Local Government Regulation 2012, which states:

 (2) A local government may spend money on advertising only—

(a) if—

(i) the advertising is to provide information or education to the public; and

(ii) the information or education is provided in the public interest; and

(b) in a way that is consistent with the local government’s advertising spending policy.

Accordingly the policy specifies:

·    the types of advertising that is deemed appropriate and in the public interest to be undertaken; and

·    the criteria approving officers must satisfy before the expenditure is incurred.

In addition it also details restrictions relating to advertising during periods leading up to local government elections and by-elections.

Link to Corporate Plan

Corporate Values and principles: 2 – Adopting honest and progressive systems of accountability and reporting.

Key Strategy Priority: Governance – Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work management systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4a: Council’s workforce and culture reflect and promote Council values.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedures and information systems that guide and facilitate good decision making.

Consultation

In undertaking a review on this policy, consultation with Council’s Senior Digital Media and Communications Officer and the Executive Leadership Team has occurred.

Legal Implications (Statutory, Basis, Legal Risks)

There is a statutory requirement for Council to prepare and adopt a policy on incurring expenditure for advertising.  The reviewed policy presented to Council conforms to legislative requirements.

Policy Implications

There are no implications associated with the review of Council’s Advertising Expenditure Policy.

Financial and Resource Implications (Budgetary)

There are no financial or resource implications as policy reviews from part of Council’s normal operations.

Recommendation

That Council adopts the Advertising Expenditure Policy dated 9 March 2021.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.6     2020/2021 Revised Budget

File Number:           D21/4188

Author:                    Finance Manager

Authoriser:              Allison Dakin, Land Tenure and Native Title Coordinator

Attachments:          1        Statement of Comprehensive Income  

2        Statement of Financial Position  

3        Statement of Cash Flows  

4        Statement of Changes in Equity  

5        Operational Initiatives  

6        Capital Expenditure Report  

7        Long Term Forecast Statement of Comprehensive Income  

8        Long Term Forecast Statement of Financial Position  

9        Long Term Forecast Statement of Changes in Equity  

10      Long Term Forecast Statement of Cash Flows  

11      Financial Ratios   

 

Precis

A Revised Budget for the 2020/21 financial year has been prepared and presented for adoption as there have been a number of changes to both capital and operational programs.

Background/History

The budget revision enables Council to accommodate changing circumstances and adjust the budget for factors that were unknown at the time of the budget’s original adoption, thus providing more meaningful results.

There have been changes to Council’s operational and capital programs since the adoption of the 2020/21 Original Budget at the Special meeting in June 2020, including:

·    Changes to operational and capital revenue and expenditure, resulting in decrease of $279,000 to Council’s Deficit compared to the Original Budget

·    Inclusion of any items approved by Council since the adoption of the Original Budget

·    Inclusion of carried forward capital items, not included in the Original Budget

·    Inclusion of new capital projects, both in respect of reactive maintenance and confirmed grants

Key Points:

The following provides explanatory notes to the attached reports.

Statement of Comprehensive Income

Recurrent Revenue

The proposed revised budget identifies an increase in the total recurrent revenue for Council from $43m to $65m mostly due to the reclassification of DRFA (flood damage items) from capital to operational.

·    The increase in gross rates and charges is mostly due the decrease in developer discounts provided, reconfiguration of lots, and water consumption charges.  Water consumption, and excess water charges were budgeted conservatively at the original budget, and are now reflected in the revised budget.

·    The increase in sales revenue mostly relates to sales made at Natures Powerhouse, a facility planned to be operated by Council until 30 June 2021.

·    The increase in grants, subsidies, contributions and donations from $34m to $55m is mostly due to the increase in flood damage (DRFA). This is offset, the increase in recurrent expenditure (materials and services). 

Recurrent Expenses

Overall recurrent expenses are estimated to increase from $53m to $75m due to an increase in the materials and services relating to flood damage expenses. 

Materials and services have also increased by $21m.  This increase is mostly attributed to flood damage expenditure.  Expenses for flood damage are offset by revenue (funding from DRFA) for the project and do not necessarily represent an increased cost to Council. The projection of flood damage revenue and expenses is difficult as the size of a wet season and the quantum of damage are difficult to estimate.

Net Operating Result

After the above changes have been made the change to Council’s net result is a decrease in Council’s deficit position of $279,000.

Capital Revenue

Capital revenue has increased by $3.9m and relates to sourcing of additional grants.  These additional grants have been included in the Capital Expenditure Report (attached).

Statement of Financial Position and Cash Flows

The statement of financial position and the statement of cash flows have seen an increase of $4m in the expected cash on hand at the end of the financial year to $17m.

Operational Initiatives

The operational initiatives report includes operational items that are grant funded and/or are included in Council’s Operational Plan.  The main project is the Cooktown Expo 2021.  The Council contribution to the project is $793,276 and the project budget is $2,431,962.  Additional grants and sponsorship have been sourced since the adoption of the original budget, however it should be noted Council’s contribution has not changed.  A summary of changes to the project are shown below:

Capital Expenditure

Officers have conducted a detailed review of Council’s 2020/21 capital expenditure budget and the changes are presented in the attached capital expenditure report. 

There has been an increase in capital grants expenditure of $4.3m, which is mostly offset by an increase in grants of $3.8m.  The difference is Council’s contribution which mostly relates to carried forward capital jobs ($243,000) and the Depot Machinery Shed ($205,000).

Typically, the capital budget would include expected expenditure for the financial year, however to be clear a total project cost has been included to identify the whole of project cost, where the associated expenditure may be incurred over multiple years. 

A detailed list of the capital budget adjustments is presented in the attached report.

Long Term Financial Forecast

A review of the QTC long term financial forecasts has also been conducted as part of this budget review, with the primary aim of incorporating last year’s final results and recognising some large capital projects to be completed over more than one year. The amended financial forecast is attached with this report. 

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 4: Work Management Systems and procedures are reviewed and adjusted to support improved organisational service provision, compliance and efficiency.

Objective 4f: Council activities comply with applicable legislation through well maintained policies, procedure and information systems that guide and facilitate good decision making.

Consultation

Directors and Managers.  In respect of large projects there has been much wider consultation.

Legal Implications (Statutory, Basis, Legal Risks)

Local Government Act                                     Section 107A Approval of budget

Local Government Regulation 2012   Section 169 & 170 Adoption and amendment of budget

Policy Implications

Council officers are establishing a number of policies and procedures to provide a framework and place transparency and controls on expenditure to gain efficiencies in the coming and future budgets.  Some of these changes include:

·    Budget Framework and compliance reporting

·    Procurement Strategies, Framework and compliance reporting

·    Training and Reimbursement Policies

Financial and Resource Implications (Budgetary)

Significant time has been spent developing adequate reporting for managers to better manage their budgets.  A number of savings initiatives are being considered including:

·    Procurement processes to achieve economies to scale, capital projects are adequately scoped and effective contract management

·    Overheads review to ensure Council recovers adequate overheads, particularly when resources are utilised on external projects

·    Budgetary restrictions ensuring materials and services do not increase by more than a % declared by Council

·    Increased accountability of management and improved internal controls.

Recommendation

That Council adopt as tabled:

Pursuant to the Local Government Act, section 107A and the Local Government Regulation 2012, Sections 169 and 170, Council’s Revised Budget for the 2020/2021 financial year, incorporating:

1.      The Statement of Comprehensive Income;

2.      The Statement of Financial Position;

3.      The Statement of Cash Flows;

4.      The Statement of Changes in Equity;

5.      The Long-Term Financial Forecast; and

6.      The Relevant Measures of Financial Sustainability.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

16.7     Finance Report - February 2021

File Number:           D21/4680

Author:                    Finance Manager

Authoriser:              Heather Kelly, Director Organisational Business Services

Attachments:          1        Statement of Comprehensive Income - February 2021  

2        Statement of Financial Position - February 2021  

3        Statement of Cash Flows - February 2021  

4        Statement of Changes in Equity - February 2021  

5        Operational Initiatives - February 2021  

6        Capital Expenditure - February 2021   

 

Precis

Presentation of the financial report for February 2021 as required under section 204 of the Local Government Regulation 2012 (QLD). The report is presented for noting and indicates that Council is progressing satisfactorily against its current budget.

Background/History

These reports were prepared on 23 February 2021. 

 

Statement of Comprehensive Income (P & L)

 

Gross rates, levies and charges for the year of $8.15m represent the second rate levy has been raised, and will be due for payment on 27th April 2021.  The discount of $217 will increase when ratepayers pay by the due date.

 

The budget for fees and charges has been set higher than the previous and the increase mostly relates to refuse disposal fees at the Cooktown transfer station.  Fees and charges mostly relate to waste operations, airports, but also include:

                                                                                                Actual $

·    Market Stall Fees                                                      $  7,387

·    Pool                                                                           $34,025

·    Library                                                                       $  4,771

·    Natures Powerhouse                                                 $39,828

·    Community Centres & Halls                                     $  8,045

·    Regulatory Services 

o Wharfage Fees                                              $  5,486

o Cemetery                                                      $  3,432

o Town Planning                                              $18,839

o Building                                                         $45,543

o Local Laws & Animal Control                        $19,699

o Plumbing                                                       $17,166

o Water Applications                                       $11,411

o Sewer Connections                                       $  4,677

o Sewer Statutory Charges                              $22,894

 

Grants received in advance are recognised as a contract liability on receipt and then as grant revenue on a progressive basis, as the works are completed.  Total operating grant revenue of $36m comprises $33.2m which relates to flood damage or Disaster Recovery Funding Arrangements (DRFA). 

 

Of the $10.9m budget for financial assistance grants only $2.5m has been received.  The remainder of this grant will be paid later in the year with a large payment expected in June.

 

The budget for flood damage grant revenue is $21.3m.  When the original budget was set Council had not yet completed all flood damage submissions.  The budget for flood damage is expected to be greater than $40m and both revenue and expenditure will be updated at the revised budget to reflect this change.  This large deviation from the original budget is not concerning as the expenditure closely monitored on a regular basis to ensure it is eligible within the funding guidelines and is offset by grant revenue expected to be received.  There is a risk Council would not receive grant funding for any ineligible works, found not to be within the funding agreement when the program is audited. 

 

Materials and services expenditure includes $36.5m of flood damage expenditure, less $3.59m in gravel sales revenue.  Flood damage expenditure as mentioned above is expected to exceed $40m and this will be adjusted during the revised budget process.  At a high level Council’s budget is tracking against actual expenditure.  Whilst some individual areas may exceed budget, there is likely to be savings in other areas, so overall Council expects actual expenditure to be reasonably close to budget by year end.

 

The Net Operating Result is operating revenue less operating expenses.  The Net Operating Result is currently sitting at a deficit of $7.2m.  Whilst this is significant it large deficit mostly results from the timing of grant revenue, because there is still at least $8m of recurrent grants to be received.  At a high level Council’s budget is on track and not expected to exceed the budgeted deficit at this time.

 

Cash Flow

The statement of cash flows shows Council’s net loss from operating activities is $5.7m.  This large decrease in cash mostly relates to the timing of receipts of grant expenditure and is expected to smooth out by year end with a small cash surplus of $826,000.

 

Operational Initiatives

Operational initiatives reflect grant and Council funded operational projects that are in addition to the ‘business as usual’ operational expenditure.  Operational initiatives are included in the revenue and expenditure budget, and have been highlighted in a separate report so they can be more easily identified.

 

The project to complete a community mural at the Cooktown Skate Park was initially to be completed by Council subject to grant funding.  However, Council was unable to source funding, so the project was delivered by the PCYC and supported by Council.


 

Capital Expenditure Report

Council has a capital budget of $25.1m, with $22.8m expected to be grant funded and $1.3m from cash reserves (previously drawn loan). 

 

For capital works that are externally funded, work shall not commence, other than preliminary costs, until the funding agreements have been executed.  It is noted that any works completed prior to grant approval are not allowable grant expenses, meaning the cost of these works is the responsibility of Council. 

 

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management, reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Strategy 1:       Develop an achievable long term financial, resource and infrastructure plan to ensure ongoing capacity to fund operations and capital works programs that underpin council’s long-term strategy to achieve financial sustainability.

Objective 1a: Council’s long-term financial plan is compiled and linked to Council’s Corporate and Operational Plans.

Consultation

Executive Leadership Team, Managers and relevant Operational Staff.

Legal Implications (Statutory, Basis, Legal Risks)

Local Government Regulation 2012 (QLD) in particular section 204, which states:

 

(1)        The local government must prepare a financial report.

(2)        The chief executive officer must present the financial report—

 

(a)     if the local government meets less frequently than monthly—at each meeting of the local government; or

(b)          otherwise — at a meeting of the local government once a month.

 

(3)     The financial report must state the progress that has been made in relation to the local government’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.

 

Local Government Act 2009

Policy Implications

The following Council policies are relevant to the financial reports:

·    Investment Policy

·    Debt Policy

·    Revenue Policy

Financial and Resource Implications (Budgetary)

The report identifies how Council is tracking against the adopted operational and capital budgets for the financial year. The report identifies that Council is tracking satisfactorily against the adopted budget.

Recommendation

That Council resolves to note the financial report, as required under section 204 of the Local Government Regulation 2012 (QLD), for February 2021.

 


Ordinary Council Meeting Agenda                                                                      9 March 2021

17       Infrastructure - Reports

17.1     Bureau of Meteorology Agreements - Cooktown & Coen Airports

File Number:           D21/4154

Author:                    Land Tenure and Native Title Coordinator

Authoriser:              David Klye, Director Infrastructure

Attachments:          1        Cooktown Airport - Draft Lease Agreement  

2        Example/draft BOM agreement for Cooktown Airport   

 

Precis

The Bureau of Meteorology is seeking to enter into agreements with Cook Shire Council for the ongoing maintenance of their Automatic Weather Station and associated equipment which is located at Coen Airport and to enter into a lease to regularise the Automatic Weather Station and associated equipment located at Coen Airport.  This report seeks Council approval to enter into those agreements.

Background/History

At the 9 December 2020 Ordinary Council Meeting, Council carried a resolution resolving to enter into the following agreements with the Commonwealth Bureau of Meteorology:

1.   Maintenance Agreement – Cooktown Airport

2.   Lease – Coen Airport.

Due to successful further negotiations, the Commonwealth Bureau of Meteorology has offered the following further agreements:

1.   Lease – Cooktown Airport

2.   Maintenance Agreement – Coen Airport.

COEN

The Bureau of Meteorology has installed at Cooktown and Coen airports multiple pieces of equipment which are used to record and report on weather. This equipment was installed by BOM but requires regular maintenance for consistent use and accurate recordings. BOM is seeking to enter into agreements with Council to enable Council to be paid for the maintenance services at Coen Airport. The agreement is for an initial period of 12 months with 3 x 1 year options to renew.

Works required under the agreement are a mix of regular and sporadic with the main job being of mowing around the recording equipment.

Proposed payment to Council under this agreement is as follows:

April – September

$50.00 per month (ex GST)

October – March

$100.00 per month (ex GST)

 

There is a proposed payment review be built into the agreement of CPI increase up to a maximum of 2.5% on the anniversary of the start date.

The final document has not yet been prepared however it will be in similar terms to the Cooktown maintenance Agreement which is attached to this report.

COOKTOWN

Currently, there is no tenure in place for the Automatic Weather Station (“AWS”) located at the Cooktown Airport.  BOM would like to enter into a formal Lease with Council for an area approximately 256 square metres which comprises of the AWS and surrounding other meteorology facilities.

This proposed Lease is for a term of 10 years (terminable on 12 months’ notice) with 2 x 5 options to renew.

The Lease rent is a nominal $1.00 (ex GST) per annum.  BOM is required to maintain their own equipment.

Council will receive revenue under both agreements.  That revenue is consistent with the time which Council officers would undertake to fulfil Council obligations under the Agreements.

A copy of the proposed lease is attached to this report.

Link to Corporate Plan

Key Strategy Priority: Governance - Accountable, responsible and appropriate governance and management reflected in responsible long-term financial sustainability and clear strategic direction built around core local government business and affordable levels of service.

Consultation

Consultation has been undertaken with:

·    Director Infrastructure

·    Director Organisational Business Services

·    Airport Operations Manager

·    Land Tenure & Native Title Coordinator

Legal Implications (Statutory, Basis, Legal Risks)

These agreements once executed are legally binding.

Policy Implications

There are no policy implications.

Financial and Resource Implications (Budgetary)

Council will receive minimal revenue under both agreements. 

Recommendation

That Council;

1.   Resolve to enter into an agreement with the Commonwealth Bureau of Meteorology generally in the terms specified in the draft agreement in Attachment 1 for ongoing maintenance of equipment located at the Coen Airport.

2.   Resolve to enter into a lease agreement with the Commonwealth Bureau of Meteorology generally in the terms specified in the draft agreement in Attachment 2 for the Automatic Weather Station at Cooktown Airport.

3.   Delegate authority to the Chief Executive Officer pursuant to s 257 of the Local Government Act to progress and finalise the Agreements in Council’s interests and to make any further administrative changes necessary.

    


Ordinary Council Meeting Agenda                                                                      9 March 2021

18       Confidential Reports

Nil