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MINUTES OF THE ORDINARY COUNCIL MEETING OF THE DOUGLAS SHIRE
COUNCIL HELD AT THE DOUGLAS SHIRE COUNCIL CHAMBERS, 64-66 FRONT
STREET, MOSSMAN ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
PRESENT
Cr Julia Leu, Cr Abigail Noli, Cr David Carey, Cr Bruce Clarke, Linda Cardew (Chief
Executive Officer), Darryl Crees (General Manager Corporate Services), Paul Hoye (General
Manager Operations), Kerrie Hawkes (Executive Officer), Rebecca Assman (Manager
Governance), John Rehn (Manager Finance & IT), Donna Graham (Manager Development
and Environment), Neil Beck (Planning Officer) and Nicole Barton (Mayor & Councillor
Support Officer).
ACKNOWLEDGEMENT OF COUNTRY
Cr Leu acknowledged the Kuku Yalanji people who are the Traditional Custodians of the
Land and paid respect to their Elders both past and present and extended that respect to
other Indigenous Australians present.
SUSPENSION OF STANDING ORDERS
Moved Cr Clarke
Seconded Cr Carey
“That Standing Orders be suspended to allow for Agenda Item 5.1 to be considered as the
first item of the meeting.”
Carried unanimously.
5.1 CR MELCHERT TO ATTEND THE MEETING VIA TELECONFERENCE
Rebecca Assman, Manager Governance: #450811
Darryl Crees, General Manager Corporate Services
Moved Cr Clarke
Seconded Cr Noli
“That Council resolve to allow Cr Melchert to attend the Council Meeting via teleconference.”
Carried unanimously.
ATTENDANCE CR MELCHERT
Cr Melchert joined the meeting via telephone at 10.05 am.
RESUMPTION OF STANDING ORDERS
Standing Orders were resumed.
APOLOGIES
There were no apologies.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
CONFLICT OF INTEREST/MATERIAL PERSONAL INTEREST
Cr Melchert referred to the following agenda items: Item 5.3 – Request for Negotiated Decision Notice for Infrastructure Charges
Associated with a Development Permit for Operational Works- Prescribed Tidal Works
– Reef Marina Wharf Street, Port Douglas; and
 Item 5.7 - Request for Council Consent for Reef Marinas Short Term Lease of Lot 96
on SP 134234.
and advised that he has formed a view that he has a material personal interest in these
items, as prior to becoming a Councillor he provided advice to the Fuel Supply Company
(Marano Enterprises Pty Ltd) which operates the fuel supply service at the Marina and
which is associated with entities which provide Marine services in Dickson Inlet.
Cr Melchert therefore declared this interest and advised of his intention to leave the meeting
during Council consideration of Agenda Items 5.3 and 5.7. (Where there is reference to Cr
Melchert withdrawing from and re-attending the meeting in these minutes, Council staff
muted or unmuted the teleconferencing equipment ensuring compliance with the declaration
of interest was achieved).
MAYORAL MINUTE
Nil
CONFIRMATION OF MINUTES OF COUNCIL MEETINGS
ORDINARY MEETING HELD ON 3 MARCH 2015
Moved Cr Carey
Seconded Cr Noli
“That the Minutes of the Ordinary Meeting held on Tuesday 3 March 2015, be confirmed
subject to the following amendment on page 2:-
 Under the heading ‘5.1 Exhibiting Non Native Fauna on Council Parks and
Reserves’ the deletion of the first paragraph – ‘Moved Seconded That Council not
restrict circuses utilising Council Land for events subject to any applicant holding all
necessary State Government licences pertaining to exhibiting animals’.”
Carried unanimously.
SPECIAL MEETING HELD ON 6 MARCH 2015
Moved Cr Noli
Seconded Cr Carey
“That the Minutes of the Special Meeting held on Friday 6 March 2015, be confirmed.”
Carried unanimously.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
AGENDA ITEMS
5.2
COMMERCIAL OTHER SUBSIDIARY ON PREMISES LICENCE
‘BARBADOS’, REEF MARINA, WHARF STREET, PORT DOUGLAS
–
Susanna Andrews: 450237
Moved Cr Carey
Seconded Cr Clarke
“That the applicant and the Office of Liquor & Gaming Regulation, Department of Justice &
Attorney-General, be advised that Council does not object to the Application for Commercial
Other Subsidiary on Premises Licence for ‘Barbados’, Reef Marina, Wharf Street, Port
Douglas.”
Carried unanimously.
WITHDRAWAL – CR MELCHERT
Cr Melchert declared a Material Personal Interest in Item 5.3 and left the meeting at 10.15
am.
5.3 REQUEST FOR NEGOTIATED NOTICE FOR INFRASTRUCTURE
CHARGES ASSOCIATED WITH A DEVELOPMENT PERMIT FOR
OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS – REEF MARINA,
WHARF STREET, PORT DOUGLAS
Neil Beck: MCUC 449/2014: (450439)
Moved Cr Noli
Seconded Cr Clarke
“That Council, in accordance with Section 643 of the Sustainable Planning Act 2009, issue
an amended Adopted Infrastructure Charges Notice as detailed in Appendix 2 associated
with the Material Change of Use for the expansion of the existing Marina over land described
as Lot 146 on SP861, located at Wharf Street, Port Douglas.”
For:- Cr Noli
Against:- Crs Leu, Carey and Clarke.
Lost.
Moved Cr Carey
Seconded Cr Clarke
“That Council decline to issue an amended infrastructure charge notice due to there being
insufficient justifications provided to council relating to the reduction of the charge.”
Carried unanimously.
RE-ATTENDANCE CR MELCHERT
Cr Melchert re-attended the meeting at 10.27am.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
5.4 FINANCIAL REPORT FOR PERIOD ENDING 28 FEBRUARY 2015,
INCLUDING 2014/15 REVISED BUDGET FIGURES
Darryl Crees – General Manager Corporate Services
Moved Cr Carey
Seconded Cr Noli
“That Council:
1. Notes the Financial Report for the period ended 28 February 2015.
2. Adopts the 2014/15 Revised Budget figures.”
Carried unanimously.
5.5 CONVERSION OF ROLLING TERM LEASE TO FREEHOLD – LOT 242
SP154003
Robert Donovan: Property Officer #450733
Darryl Crees: General Manager Corporate Services
Moved Cr Noli
Seconded Cr Carey
“That Council resolve:
1. to advise the Department of Natural Resources and Mines (DNRM) that Council has
no objection to the application under the Land Act 1994 for the purchase of the
Unallocated State Land described as Lot 242 SP154003; and
2. to delegate authority to the Mayor and Chief Executive Officer in accordance with
section 257 of the Local Government Act 2009 to finalise all matters associated with
this matter.”
Carried unanimously.
5.6 REPORT FROM THE CHIEF EXECUTIVE OFFICER
Linda Cardew – Chief Executive Officer
Moved Cr Noli
Seconded Cr Carey
“That Council receives and notes the report.”
Carried unanimously.
WITHDRAWAL – CR MELCHERT
Cr Melchert declared a Material Personal Interest in Item 5.7 and left the meeting at 10.58
am.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
5.7 REQUEST FOR COUNCIL CONSENT FOR THE REEF MARINA - SHORT
TERM USE OF LOT 96 ON SP134234
Rebecca Assman, Manager Governance #450967
Darryl Crees, General Manager Corporate Services
Moved Cr Carey
Seconded Cr Noli
“That Council resolve to:
1. support the application to use this site for the storage of the new pontoons to be
installed and all associated equipment;
2. send a “Statement of Council Consent” to Department of Natural Resources & Mining
and the applicant subject to:
 Council having clear and unobstructed access to the water and wastewater
infrastructure and more specifically access to the waste water pump station (SP
SYC) for maintenance purposes at all times. A bond/bank guarantee lodged with
Council to the amount of $5,000 to replace any damaged infrastructure.
 that the activities will not adversely interfere with the operation of the Closehaven
Marina
 the Permit issued by DNRM be from 1 May 2015 and expire 30 June 2015
 the site to be returned to the trustee in a clean and tidy state by the expiration of the
temporary permit being 30 June 2015
 the operations do not degrade the seawall
 a dilapidation report is prepared by Reef Marina in conjunction with Council staff
and a copy provided to Council and DNRM prior to occupation.
 to be cost neutral to Council.
3. delegate authority to the Mayor and Chief Executive Officer in accordance with Section
257 of the Local Government Act 2009 to negotiate, determine and finalise any and all
matters associated with the request from Planz Town Planning Pty Ltd regarding the
irregular use of the reserve being Lot 96 on SP134234.”
Carried unanimously.
RE-ATTENDANCE – CR MELCHERT
Cr Melchert re-attended the meeting at 11.00am.
6.
NOTICES OF MOTION
Nil.
7.
URGENT BUSINESS
Nil.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
8.
CLOSED SESSION
Moved Cr Noli
Seconded Cr Clarke
“That Council resolves to move into Closed Session to discuss the following matters:
 8.1 - Prejudicial Matter S275 (1)(H) Local Government Regulation 2012 – Regional
Arts Development Fund (RADF) Funding Recommendations 2014-15 Round Two;
 8.2 - Contractual Matter – Contract FNQ004 Collection & Removal of Ferrous Metal &
Used Lead Acid Batteries;
 8.3 - Prejudicial Matter S275(1)(H) Local Government Regulation 2012 – Application to
Purchase Unallocated State Land – Lot 202 SP222765;
 8.4 - Contractual Matter S275(I)(E) Local Government Regulation 2012 – Daintree
Gateway and Ferry Artwork and Signage;
 8.5 - Prejudicial Matter – Paws and Claws Kennels Port Douglas; and
 8.6 - Contractual Matter S275(1)(E) Local Government Regulation 2012 – Bloomfield
Track Interpretive Signage Project – Appointment of Prescribed Body Corporate”
Carried unanimously.
OUT OF CLOSED SESSION
Moved Cr Clarke
Seconded Cr Carey
“That Council resolves to move out of Closed Session.”
Carried unanimously.
8.1 PREJUDICIAL MATTER S275 (1) (H) LOCAL GOVERNMENT
REGULATION 2012 – REGIONAL ARTS DEVELOPMENT FUND (RADF)
FUNDING RECOMMENDATIONS 2014-2015 ROUND TWO
Helen Coulthard: Community & Economic Development Officer (#449948)
Kerrie Hawkes: Executive Officer
Moved Cr Noli
Seconded Cr Carey
“That Council:
1. approves funding of three Regional Arts Development Fund (RADF) 2014-2015 Round
Two projects totalling $8,770 detailed in Attachment One of this report;
2. delegates authority to the Mayor and Chief Executive Officer in accordance with the
Local Government Act 2009 to finalise any minor amendments in relation to
administering the Regional Arts Development Fund applications 2014-2015.”
Carried unanimously.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
8.2 CONTRACTUAL MATTER – CONTRACT FNQ004 COLLECTION
REMOVAL OF FERROUS METAL & USED LEAD ACID BATTERIES
&
Donna Graham: Manager Development & Environment
Moved Cr Carey
Seconded Cr Clarke
“That Council resolves to:1. Award Contract FNQ004, separable portion 1, Collection & Removal of Ferrous Scrap
Metal to Sims Metal Management Ltd based on the schedule of rates provided for 12
months from 1 May 2015 to 30 April 2016 with the option for a further 12 month
extension.
2. Award Contract FNQ004, separable portion 2, Collection & Removal of Used Lead
Acid Batteries (ULABs) to Sims Metal Management Ltd based on the schedule of rates
provided for 12 months from 1 May 2015 to 30 April 2016 with the option for a further
12 month extension.
3. Adopt the Register of Pre-Qualified Suppliers in accordance with the attached supplier
listing for 24 months from 1 May 2015 to 30 April 2017, with the option for a further 12
month extension.
4. Delegate authority to the Chief Executive Officer in accordance with the Local
Government Act 2009 to negotiate, finalise and execute any and all matters associated
with these arrangements.”
Carried unanimously.
8.3 PREJUDICIAL MATTER S275 (1) (H) LOCAL GOVERNMENT
REGULATION 2012 APPLICATION TO PURCHASE UNALLOCATED
STATE LAND - LOT202 SP222765
Robert Donovan: Property Officer #450738
Darryl Crees: General Manager Corporate Services
Moved Cr Noli
Seconded Cr Carey
“That Council resolves:
1. to advise the Department of Natural Resources and Mines (DNRM) that Council has
no objection to the application under the Land Act 1994 for the purchase of part of the
Unallocated State Land described as Lot 202 SP222765; and
2. to delegate authority to the Mayor and Chief Executive Officer in accordance with
section 257 of the Local Government Act 2009 to finalise all matters associated with
this matter.”
Carried unanimously.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
8.4 CONTRACTUAL MATTER - DAINTREE GATEWAY FERRY ARTWORK
AND SIGNAGE
Kerrie Hawkes: Executive Officer (Doc # 450865)
Linda Cardew: Chief Executive Officer
Moved Cr Carey
Seconded Cr Noli
“That Council resolves:
1. to purchase the ferry artwork submitted to Council by Lenice Shchonenberger, Loretta
Pierce and Ronald ‘Bama’ Bamboo;
2. to implement the last image in attachment three as the signage for the Daintree River
Ferry turnoff; and
3. to delegate authority to the Mayor and Chief Executive Officer in accordance with the
Local Government Act 2009 to finalise any and all matters associated with this artwork
and signage.”
Carried unanimously.
8.5 PREJUDICIAL
DOUGLAS
MATTER
–
PAWS
AND
CLAWS
KENNELS
PORT
Darryl Crees: General Manager Corporate Services #450568
Moved Cr Noli
Seconded Cr Carey
“That Council:1. resolves to release remaining funds held on behalf of Paws and Claws Kennels Port
Douglas in the following manner:
 $10,000 to provide assistance for operational requirements.
 $30,000 to purchase and install a caretaker’s cottage subject to Paws and Claws
Kennels providing a full acquittal of funds expended for this purpose.
2. delegates authority to the Mayor and the Chief Executive Officer in accordance with
the Local Government Act 2009 to finalise any and all matters associated with this
resolution.”
Carried unanimously.
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MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON TUESDAY, 24 MARCH 2015, COMMENCING AT 10.00 AM
8.6 CONTRACTUAL
MATTER
S275
(1)(E)
LOCAL
GOVERNMENT
REGULATION
BLOOMFIELD
TRACK
INTERPRETIVE
SIGNAGE
PROJECT – APPOINTMENT OF PRESCRIBED BODY CORPORATE
Linda Cardew: Chief Executive Officer
Moved Cr Carey
Seconded Cr Clarke
“That Council resolves:
1. that in accordance with Section 235(b) of the Local Government Regulation 2012,
Council is satisfied that because of the specialised or confidential nature of the
services that are sought, it would be impractical or disadvantageous for the local
government to invite quotes or tenders; and
2. that in its capacity as the Prescribed Body Corporate, Council appoints Jabalbina
Yalanji Aboriginal Corporation RNTBC as the supplier of Traditional Owner
consultancy services to the Bloomfield Track Interpretive Signage project.”
Carried unanimously.
CLOSURE OF MEETING
The meeting closed at 11.55 am.
CONFIRMED THIS
DAY OF
2015
……………………………………
MAYOR/CHAIR
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