MINUTES

 

 

Ordinary Council Meeting

 

28 September 2021

 

 

 


Ordinary Council Meeting Minutes                                                            28 September 2021

MINUTES OF COOK SHIRE COUNCIL
Ordinary Council Meeting
HELD AT THE
Council Chambers, Administration Office, 10 Furneaux Street, Cooktown
ON
Tuesday, 28 September 2021 AT 9.00am

 

1          Agenda Contents

 

2          Attendance

Mayor Peter Scott, Deputy Mayor Robyn Holmes, Councillor Peter Burns, Councillor John Dessmann, Councillor Larissa Hale, Councillor Ross Logan, Councillor Marilyn Morris

Chief Executive Officer, Linda Cardew; Director Community, Economy and Innovation, Lawrence Booth; Director Organisational Business Services, Heather Kelly; Acting Director Infrastructure, Glenn Dukes.

3          Meeting Opened

9.00am

4          Apologies

Nil

5          Acknowledgement of Country

On behalf of all Councillors, the Chair acknowledged the Waymburr Warra people, Traditional Custodians of the land on which the meeting was held today, and paid respects to all Traditional Owners, past, present and emerging throughout Cook Shire.

6          Declarations of Interest

Nil

7          Mayoral Minute

Nil

8          Notice of Bereavement

A minute’s silence was observed as a mark of respect for those residents who passed away during the previous month and a thought for those residents in hardship.

9          Leave of Absence

Mayor Peter Scott will be on leave from 11 to 12 October.

Cr Larissa Hale will be in Brisbane on other business from 13 to 18 October.

10        Confirmation of Previous Minutes

ORDINARY MONTHLY COUNCIL MEETING – 10 AUGUST 2021

Resolution  2021/199

Moved:       Councillor Larissa Hale

Seconded:   Councillor Marilyn Morris

That the minutes of the Ordinary Meeting held on 10 August 2021 be confirmed.

Carried

 

11        Business Arising

Nil

12        Notified Motions

12.1     Notice of Motion - Priority Need for Health Services in Lakeland

Resolution  2021/200

Moved:       Deputy Mayor Robyn Holmes

Seconded:   Councillor Larissa Hale

That Cook Shire Council provides endorsement for the Mayor, Cr Peter Scott, to write on behalf of Council to the Minister for Health and Ambulance Services, Hon Yvette D’Ath, requesting the provision of permanent health services in Lakeland as a government priority.

Carried

 

13        Councillors' Reports

13.1     Councillors' Monthly Reports

Resolution  2021/201

Moved:       Councillor John Dessmann

Seconded:   Councillor Peter Burns

That the activities contained in the individual Councillors’ monthly reports tabled on 28 September 2021, including future travel requirements, be noted and endorsed by Council.

Carried

 

When presenting his monthly report, Mayor Peter Scott spoke about his meetings with the Chair of Cape York Land Council and the Chair of Olkola Aboriginal Corporation. Both indicated strong support for the re-opening of the Indigenous-owned timber mill in Cooktown to facilitate secondary processing of raw timber taken from Indigenous land holdings throughout Cape York Peninsula, as a significant economic development and job creation opportunity for Traditional Owners.

 

 

 

14        Executive Services  - Reports

14.1     Chief Executive Officer's Monthly Report

Resolution  2021/202

Moved:       Councillor Marilyn Morris

Seconded:   Councillor Peter Burns

That the activities contained in the Chief Executive Officer’s monthly report tabled on 28 September 2021, be noted and endorsed by Council.

Carried

 

Linda Cardew left the meeting at 9.53am.

 

14.2     Chief Executive Officer Employment Contract

Resolution  2021/203

Moved:       Mayor Peter Scott

Seconded:   Councillor Peter Burns

That Council accept the letter of retirement from the Chief Executive Officer and agrees to extend the expiry date for her employment contract to 31 July 2022.

Carried

 

Mayor Peter Scott called a break for morning tea at 10.06am.

 

Mayor Peter Scott resumed the meeting at 10.27am.

 

CEO Linda Cardew returned to the meeting at 10.27am.

 

14.3     Review of Cook Shire Local Disaster Management Plan and Associated Sub Plans

Motion  

Moved:       Councillor Peter Burns

Seconded:   Deputy Mayor Robyn Holmes

That, in accordance with the Disaster Management Act 2003 Section 57 (1), Council endorses the Cook Shire Disaster Management Plan 2021-2022 and associated sub plans.

 

Deputy Mayor Robyn Holmes moved an amendment to the motion.

Resolution  2021/204

Moved:       Deputy Mayor Robyn Holmes

Seconded:   Councillor Peter Burns

That, in accordance with the Disaster Management Act 2003 Section 57 (1), Council endorses the Cook Shire Disaster Management Plan 2021-2022 and associated sub plans, with minor wording amendments and corrections, as discussed.

Carried

The amended motion, Resolution 2021/204, was then put to the vote to become the new substantive motion.

Resolution  2021/205

Moved:       Deputy Mayor Robyn Holmes

Seconded:   Councillor Peter Burns

That, in accordance with the Disaster Management Act 2003 Section 57 (1), Council endorses the Cook Shire Disaster Management Plan 2021-2022 and associated sub plans, with minor wording amendments and corrections, as discussed.

In Favour:        Crs Peter Scott, Peter Burns, John Dessmann, Larissa Hale, Robyn Holmes, Ross Logan and Marilyn Morris

Against:           Nil

Carried

 

14.4     Cook Shire Local Disaster Management Group - Annual Report 2020/2021

Resolution  2021/206

Moved:       Councillor Ross Logan

Seconded:   Councillor John Dessmann

That Council endorses the Cook Shire Local Disaster Management Group’s Annual Report for 2020/2021.

In Favour:        Crs Peter Scott, Peter Burns, John Dessmann, Larissa Hale, Ross Logan and Marilyn Morris

Against:           Cr Robyn Holmes

Carried

 

15        Community, Economy and Innovation - Reports

15.1     Presentation of Natures Powerhouse Steering Committee meeting minutes

Resolution  2021/207

Moved:       Councillor Peter Burns

Seconded:   Councillor Larissa Hale

That Council notes the Minutes of the Nature’s Powerhouse Steering Committee Meeting held on 9 August 2021.

Carried

 

 

 

15.2     Presentation of the Barrier Reef Childcare Centre Steering Committee meeting minutes

Resolution  2021/208

Moved:       Councillor Peter Burns

Seconded:   Councillor Marilyn Morris

That Council notes the Minutes of the Barrier Reef Childcare Centre Steering Committee Meeting held on 23 August 2021.

Carried

 

15.3     Presentation of Event Centre Steering Committee meeting minutes

Resolution  2021/209

Moved:       Councillor Larissa Hale

Seconded:   Deputy Mayor Robyn Holmes

That Council notes the Minutes of the Event Centre Steering Committee Meeting held on 11 August 2021.

Carried

 

Declaration of Interest - Cr Peter Burns - Item 15.4

I, Councillor Peter Burns, inform the meeting that I have a prescribed conflict of interest in Item 15.4. The nature of my interest is that I have a relationship with one of the artists who has made a submission in this matter. The nature of my relationship is that the artist is my wife.

I will now leave and stay away from the meeting while the matter is discussed and voted upon.

 

Cr Peter Burns left the meeting at 11.02am.

 

15.4     Gateway to Cape York - Cooktown Sculpture design selection

Resolution  2021/210

Moved:       Councillor Ross Logan

Seconded:   Councillor Marilyn Morris

That Council evaluates, selects and approves concept design number seven (7) to represent Cooktown as a sculpture in the Lakeland Gateway to Cape York Tourism Information Park.

In Favour:        Crs Peter Scott, John Dessmann, Larissa Hale, Robyn Holmes, Ross Logan and Marilyn Morris

Against:           Nil

Carried

 

Cr Burns returned to the meeting at 11.10am.

15.5     RFQ Q7120 - Gateway to Cape York - Landscape Works

Resolution  2021/211

Moved:       Councillor Marilyn Morris

Seconded:   Councillor Larissa Hale

That Council:

1.       Approve the variation of the contract with AAA PLAYSCAPES for landscape works as detailed in this report at the Gateway to Cape York in the amount of $51,042.83 (excluding GST); and

2.       Delegate authority to the Chief Executive Officer, under section 257 of the Local Government Act 2009, the ability to execute the contract variation, negotiate and finalise administrative or financial amendments and approve payments.

Carried

 

15.6     NBNCo and Cook Shire Council - Two Way Confidentiality Agreement

Resolution  2021/212

Moved:       Deputy Mayor Robyn Holmes

Seconded:   Councillor Peter Burns

That Council:

(i)      Notes the capacity limitations of the broadband services in the Lakeland area;

(ii)     Provides approval for Cook Shire Council to enter into a Two Way Confidentiality Agreement with NBNCo;

(iii)    Approves the formation of a consortium comprised of Cook Shire Council, NBNCo and the Lakeland Progress Association Inc. to progress the upgrade project; and

(iv)    Delegates authority to the Chief Executive Officer under S. 257 of the Local Government Act 2009 to execute relevant documentation to give effect to this resolution.

Carried

 

16        Organisational Business Services - Reports

16.1     Monthly Financial Report

Resolution  2021/213

Moved:       Councillor John Dessmann

Seconded:   Councillor Peter Burns

That Council resolves to note the financial report, as required under section 204 of the Local Government Regulation 2012, for the period to 14 September 2021.

Carried

 

 

 

 

16.2     Related Parties Disclosure Policy

Resolution  2021/214

Moved:       Councillor John Dessmann

Seconded:   Deputy Mayor Robyn Holmes

That Council adopts the Related Party Disclosure Policy dated 28 September 2021.

Carried

 

16.3     Councillor Expense Reimbursement Policy

Resolution  2021/215

Moved:       Councillor Marilyn Morris

Seconded:   Councillor Peter Burns

That Council adopts the Councillor Expense Reimbursement Policy dated 28 September 2021.

Carried

 

16.4     Sole Suppliers - Stores

Resolution  2021/216

Moved:       Councillor Larissa Hale

Seconded:   Councillor John Dessmann

That Council resolves that, because of the specialised nature of the goods and services that are sought it is impractical to invite quotes from other suppliers and the following suppliers are approved as sole suppliers for a period of twelve (12) months:

·    ROADSIDE PRODUCTS PTY LTD for the supply and delivery of guide posts; and

·    BORAL CONSTRUCTION for the supply and delivery of pre-mix asphalt and emulsion

Carried

 

16.5     Application for a Development Permit DA/4370 - Reconfiguring a Lot (1 into 6 los) 2 Stages - 2 Ironwood Avenue, Cooktown - Formally described as Lot 3 on SP297331

Resolution  2021/217

Moved:       Councillor Marilyn Morris

Seconded:   Councillor Ross Logan

1.       That the application by John Hay C/- Brazier Motti Pty Ltd for Reconfiguring a Lot (one (1) Lot into six (6) Lots) over Lot 3 on SP297331, located at 2 Ironwood Avenue, Cooktown, be approved subject to reasonable and relevant conditions listed below.

2.       That the following reasons for the decision be included on the notice on Council’s website (as required by section 63(4) of the Planning Act 2016) in the event that Council decides to approve the application.

(a)     An assessment was made against the applicable assessment benchmarks and the proposed development demonstrated compliance.

(b)     The proposed development will have no detrimental impact on the property, surrounding properties, or the environment itself.

A.      Assessment Manager (Council) Conditions

 

Approved Plans

1.       The development must be carried out generally in accordance with the following plans/specialist reporting submitted with the application, except for any variations required to comply with the conditions of this approval:

·     Proposed Reconfiguration Lots 31-36 – Cancelling Lot 3 on SP297331 – Job No: 35278/1-1 – Plan No: 35278/002 C – Date: 17 September 2021 – Prepared by: Brazier Motti Pty Ltd.

Staged Development – Timing

2.       The development must be undertaken in accordance with the sequence of staging as indicated on the approved plans and documents, with the stages to be developed in chronological order of each stage as identified on the approved plans. Unless otherwise expressly stated, the conditions must be read as being applicable to all stages.  

Water Supply and Effluent Disposal

3.       A separate source of water supply must be provided to each proposed lot at the time of construction of a dwelling house. This would be satisfied by the provision of a rainwater tank with a minimum capacity of 50,000 litres. Where an alternative source of supply is available within the allotment, the applicant can provide certified evidence as to the flow rates and water quality of the bore water or other supply to eliminate or reduce the requirement of on-site water storage.

4.       On-site septic systems must be provided to each proposed lot at the time of construction of a dwelling house. Any application for wastewater treatment and disposal must include details of the proposed wastewater disposal systems and calculation demonstrating compliance with the Queensland Plumbing and Wastewater Code and AS/NZS 1547:2000 – ‘On-site domestic wastewater management’. Details are to be provided at the time of lodgement of a plumbing and building application.

5.       The developer must design and construct all sewerage and water works in accordance with the FNQROC Development Manual, Water Supply (Safety and Reliability) Act and the Plumbing and Drainage Act.

Access

6.       Approved access driveways, must be constructed prior to the issue of a Certificate of Classification, for any structure built on proposed Lots 31-36.

7.       Access to Lots 31-33 (Stage 1) must be from Ironwood Avenue and be designed and constructed in accordance with the requirements of the FNQROC Development Manual; Drawing numbers S1015 and S1105, and Design Manual D1, Road Geometry. The access crossovers are to be to the satisfaction of Council’s Director Infrastructure.

8.       Access to Lots 34-36 (Stage 2) must be from Oaky Creek Road and constructed in accordance with the requirements of the FNQROC Development Manual; Drawing numbers S1015 and S1105, and Design Manual D1, Road Geometry, section D1.17. The access crossovers are to be to the satisfaction of Council’s Director Infrastructure.

9.       The crossovers shall be designed and constructed to the requirements of Australian Standard AS2890.1:2004, Section 3: Access Facilities to Off-Street Parking Areas and Queuing Areas.

Vegetation Clearing

10.     Vegetation clearing must be limited to that required for firebreaks, dwelling houses, and associated infrastructure. Any regulated vegetation not required for building works or bushfire management purposes must be retained.

Services

11.     Each proposed lot must be provided with a reliable electricity and telecommunications supply at the time of construction of a dwelling house in accordance with the standards and requirements of the relevant service provider.

Stormwater

12.     Stormwater drainage must be directed to a legal point of discharge.

13.     Site works must not adversely affect flooding or drainage characterises of properties that are upstream, downstream, or adjacent to the development site.

Sediment Control

14.     The developer must ensure that effective measures are put in place to ensure construction activity does not cause erosion.

15.     The developer must ensure that no soil or silt runoff occurs from the site during the construction and operational phase of the development.

Fire Management

16.     The development must be maintained at all times to a standard so as not to create a fire hazard.

17.     Prior to Council endorsement of the Survey Plan, the applicant must submit a Bushfire Hazard Management Plan prepared by a suitably qualified person and to the satisfaction of Council’s Manager Planning and Environment which identifies firebreaks along the property boundaries and details the water storage for fire-fighting purposes for each allotment. The works contained within the Bushfire Management Plan for each allotment is to be carried out at the time of building application.

18.     Any new building (other than a class 10a) erected on any of the proposed lots shall:

·    Ensure that a fire break from hazardous vegetation 1.5 times the predominant mature canopy tree height or ten (10) metres, which ever greater, is maintained at all times.

·    Be provided with a source of water for fire-fighting purposes of not less than 10,000 litres. This must be satisfied by the provision of an accessible dam, swimming pool, or water tank. In the case of a tank supply, delivery of the water should be provided through a 50mm male Camlock fitting. The outlet from the tank water supply or the dam/pool shall be located within an accessible position within forty (40) metres from the habitable buildings. Details are to be provided as part of the Bushfire Hazard Management Plan (Condition 17).

B.      Assessment Manager (Council) Advice

1.       A development permit is required for carrying out Building Works, and a Plumbing and Drainage Approval/compliance permit is required for Plumbing and Drainage Works prior to construction of any buildings associated with this development.

2.       The applicant/owner is to ensure compliance with the requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes on all landowners.

3.       The reconfiguring a lot approval authorised under this Development Permit must be completed and the Plan of Survey submitted to Council for endorsement within four (4) years from the commencement of this approval or the approval will lapse.

Carried

 

17        Infrastructure - Reports

17.1     Memoranda of Understanding - Roads Maintenance

Resolution  2021/218

Moved:       Councillor Peter Burns

Seconded:   Deputy Mayor Robyn Holmes

That Council:

1.       Authorises the maintenance of the sections of roads listed in the table below to be undertaken by the relevant Councils until further notice conditional upon those Councils accepting responsibility for the roads and indemnifying Cook Shire Council against any and all claims relating to the road maintenance; and

2.       Delegates authority to the Chief Executive Officer pursuant to s257 of the Local
Government Act
2009 to progress and finalise formal road management agreements or Memoranda of Understanding with relevant Councils, in Cook Shire Council’s best interests and generally in accordance with the table below.

 

Shire/Road

From

To

length

Northern Peninsular Area Regional Council

Bamaga Road

To be maintained by NPARC

 

Ch 178,105

E 142.373009

S -11.095987

Ch 185,238

E 142.365881

S -11.042992

7.133 km

Ussher Point Road

 

E 142.381873

S -11.076054

Ch 0

E 142.796629

S -11.172983

Ch 60,034

60 km

Hope Vale Aboriginal Shire Council

Cameron Creek Road

To be maintained by CSC

 

Ch 1121

E 145.155043

S -15.414920

&

Ch 2640

E 145.155432

S -15.401898

Ch 2200

E 145.155277

S -15.405570

&

Ch 3090

E 145.151328

S -15.401512

1.529 km

Barretts Creek Road

To be maintained by CSC

 

Ch 3218

E 145.188197

S -15.416417

Ch 4350

E 145.190012

S -15.407278

1.132 km

Napranum Aboriginal Shire Council

Napranum Road

PDR

Ch 0

E 141.8941487

S -12.67250227

Napranum Aboriginal Shire boundary

Ch 900

E 141.8917674

S -12.68007117

900 m

Billys Lagoon Road

Ch 50794

E 142.298823

S -12.661792

Ch 53284

E 142.311696

S -12.645655

2.477 km

Pennefather Road

Ch 8656

E 141.839762

S -12.331794

Ch 11595

E 141.82834

S -12.314147

2.939 km

Red Beach Road section 1

Ch 0

E 141.871732

S -12.558288

Ch 3729

E 141.869363

S -12.588844

3.729 km

Red Beach Road section 2

Ch 4140

E 141.873047

S -12.589755

Ch 4289

E 141.872391

S -12.590243

149 m

Twenty Mile Outstation Road

Ch 0

E 142.112946

S -12.649121

Ch 2735

E 142.111421

S -12.673416

2.735 km

Bee Ning Road

E 141.899329

S -12.6894182

E 141.913066

S -12.7060891

2.790 km

Weipa Town Authority

Kerr Point Road

Ch 0

E 141.8521190

S -12.64066838

Ch 5494

E 141.8460197

S -12.66459965

5.494 km

Florence Hibberd Drive

 

Ch 0

E 141.857729

S -12.659966

Ch 1967

E 141.865928

S -12.666776

1.967 km

 

 

Carried

 

At 12.08 pm, Councillor Ross Logan left the meeting.   

 

17.2     Sole Suppliers - Water and Wastewater Services

Resolution  2021/219

Moved:       Deputy Mayor Robyn Holmes

Seconded:   Councillor Peter Burns

That Council resolves that, because of the specialised nature of the goods and services that are sought it is impractical to invite quotes from other suppliers, the following suppliers are approved as sole suppliers for a period of twelve (12) months:

·    WATER TREATMENT SERVICES (WTS) for the supply of WTS8-CE80409BF polymer

·    GRENOF for the supply of magnesium hydroxide liquid

·    PUMPING IRRIGATION & MACHINERY SERVICES (PIMS) for repairs of pumps

·    COOGEE CHEMICALS for the supply of Soda Ash and Caustic Soda

·    REDOX for the supply of Fluoride

·    ELSTER METERING for the supply of water meters.

In Favour:        Crs Peter Scott, Peter Burns, John Dessmann, Larissa Hale, Robyn Holmes and Marilyn Morris

Against:           Nil

Carried

 

At 12:10 pm, Deputy Mayor Robyn Holmes left the meeting.

At 12:10 pm, Councillor Larissa Hale left the meeting.

At 12:10 pm, Councillor Ross Logan returned to the meeting.

 

 

 

 

 

 

 

 

 

18        Confidential Reports

CONSIDERATION OF CONFIDENTIAL REPORTS

Resolution  2021/220

Moved:       Councillor Peter Burns

Seconded:   Councillor John Dessmann

That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 275 of the Local Government Regulation 2012:

18.1     Sole Supplier - Provision of governance, audit and risk compliance services

This matter is considered to be confidential under Section 254J(b) of the Local Government Regulation 2012, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with industrial matters affecting employees.

18.2     Deed of Settlement for outstanding gravel and rates

This matter is considered to be confidential under Section 254J(d) and (e) of the Local Government Regulation 2012, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with rating concessions and legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government.

In Favour:        Crs Peter Scott, Peter Burns, John Dessmann, Ross Logan and Marilyn Morris

Against:           Nil

Carried

 

MOVING INTO CLOSED SESSION

Resolution  2021/221

Moved:       Councillor Peter Burns

Seconded:   Councillor John Dessmann

That Council moves into Closed Session.

In Favour:        Crs Peter Scott, Peter Burns, John Dessmann, Ross Logan and Marilyn Morris

Against:           Nil

Carried

 

At 12:11 pm, Councillor Larissa Hale returned to the meeting.

At 12:13 pm, Deputy Mayor Robyn Holmes returned to the meeting.

 

 

 

 

MOVING OUT OF CLOSED SESSION AND INTO OPEN SESSION

Resolution  2021/222

Moved:       Councillor John Dessmann

Seconded:   Councillor Marilyn Morris

That Council moves out of Closed Session and into Open Session.

Carried

 

18.1     Sole Supplier - Provision of governance, audit and risk compliance services

Resolution  2021/223

Moved:       Councillor Peter Burns

Seconded:   Councillor Marilyn Morris

That Council resolves that, because of the specialised nature of the services, that it would be disadvantageous to Council to invite quotes from other providers and approves the award of a contract to CREES CONSULTING; for a period of twelve (12) months with an option to extend for a further twelve (12) months; based on an hourly rate for the required services, as and when required.

Carried

 

18.2     Deed of Settlement for outstanding gravel and rates

Resolution  2021/224

Moved:       Councillor Larissa Hale

Seconded:   Councillor Peter Burns

That Council resolve to:

1.       Enter into the Deed of Settlement for Assessment 10033546.

2.       Delegate authority to the Chief Executive Officer pursuant to s 257 of the Local Government Act to progress negotiations and enter into all required agreements in Council’s interests.

Carried

 

The Meeting closed at 12.44pm.

 

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 19 October 2021.

 

...................................................

CHAIRPERSON