22 april 2020 9:00 a.m. - cairns.qld.gov.au · 4/22/2020 · minutes – ordinary meeting 22 april...

Minutes – Ordinary Meeting 22 April 2020 - #6352527

ORDINARY MEETING

22 APRIL 2020

9:00 A.M.

PRESENT: Cr B Manning (Chairperson) Cr R Coghlan Cr A Eden Cr T James Cr B Moller Cr M O’Halloran Cr B Olds Cr R Pyne Cr K Vallely Cr C Zeiger OFFICERS:

J Andrejic Chief Executive Officer B Gardiner General Manager Infrastructure Services C Posgate General Manager Human Resources and

Organisational Change K Reaston General Manager Planning & Environment M Wuth General Manager Water & Waste L Kirchner General Manager Community, Sport & Cultural Services L Whitton Chief Financial Officer N Masasso Executive Project Officer R Holmes Manager Marketing &Communications P Rogato Media Coordinator B Spencer Manager Community Development S Godkin Minute Secretary

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TABLE OF CONTENTS

CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 4 PURPOSE OF MEETING ................................................................................................ 6

CONFIRMATION OF MINUTES OF ORDINARY MEETING 11/3/20 ............................. 6

CONFIRMATION OF THE MINUTES OF THE POST ELECTION MEETING 16/4/20 ... 6

AGENDA ITEMS AS LISTED

1. MATERIAL CHANGE OF USE FOR BAR – 37/111-117 WILLIAMS ESPLANADE PALM COVE – DIVISION 9 ............................................................. 7

Keanu Johnston | 8/8/1546 | #6325429

2. NATIONAL CABINET MANDATORY CODE OF CONDUCT – SME COMMERCIAL LEASING PRINCIPLES DURING COVID-19 ..................... 10

Kelly Reaston | 55/2/3/-4 | #6347305

3. TRANSPORT INFRASTRUCTURE DEVELOPMENT SCHEME (TIDS) GRANT FUNDING PROJECT PROPOSALS ....................................................... 11

M Ringer | 81/1/13-01 | #6330809

4. CAPITAL WORKS PROGRAM ............................................................................ 11 Bruce Gardiner | 81/1/13-01 | #6350539

5. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 27 MARCH 2020 ........ 11 J Piercy | 63/17/2-01 | #6330240

6. RE-APPOINTMENT OF CAIRNS SISTER CITIES AMBASSADOR .................... 11 L. Kirchner | 79/4/1-01 | #6342393

7. REGIONAL ARTS DEVELOPMENT FUND (RADF) ............................................ 12 Lesley Buckley | 79/6/4-01 | #6342454 V3

8. THE COUNCIL CHAMBER FLAGS ..................................................................... 12 L. Kirchner | 79/4/1-01 | #6347194

9. CHIEF EXECUTIVE OFFICER'S UPDATE .......................................................... 12 John Andrejic | 93/1/2 | #6259870V6

10. CORONAVIRUS (COVID-19) – RESPONSE AND RECOVERY GOVERNANCE STRUCTURE ............................................................................. 13

Nick Masasso | 59/3/1 | #6349313

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11. CORONAVIRUS (COVID-19) - HUMAN AND SOCIAL SUB COMMITTEE ......... 13 Brett Spencer | 52/8/1-01 | #6346925v1

12. CORONAVIRUS (COVID-19) – ECONOMIC RESPONSE AND RECOVERY SUB-COMMITTEE ................................................................................................ 13

Nick Masasso | 59/3/1 | #6349540

13. FINANCIAL IMPACT OF COVID-19 ..................................................................... 13 L Whitton | 63/17/2-01 | #6343411

14. CLOSURE OF EXPRESSION OF INTEREST 2723 AND PROCEED TO OPEN TENDER FOR DISPOSAL OF LAND, WHOLE OR IN PART, FOR THE PURPOSES OF DEVELOPMENT OVER 20-30 HARTLEY STREET, CAIRNS CITY (OLD POST OFFICE SITE) ......................................................................... 14

K Reaston | 83/4/2-01 | #6353982

GENERAL BUSINESS

1. BABINDA BOULDERS ........................................................................................ 14

2. CAIRNS AREA FISH STOCKING GROUP ......................................................... 15

STAY/GO VOTE FOR CONFLICT OF INTEREST – ITEM 2 CLOSED SESSION CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL – PCW14507 – CONTRACT 75553 – CONSTRUCTION OF KAMERUNGA DN600 TRUNK WATER MAIN1 ........................................................................................................................... 15

CLOSED SESSION

1. CONTRACTUAL MATTER - TENDER 2738 - DISPOSAL OF LAND, WHOLE OR IN PART, FOR THE PURPOSES OF DEVELOPMENT OVER 20-30 HARTLEY STREET, CAIRNS CITY (OLD POST OFFICE SITE) – ITEM WITHDRAWN ....................................................................................................... 18

G Boyd | 83/4/2-01 | #6344781

2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL – PCW14507 – CONTRACT 75553 – CONSTRUCTION OF KAMERUNGA DN600 TRUNK WATER MAIN ......................................................................................... 18

SK:PT | 87/13/3 | #6323756

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 19 Steve Crampton | 63/8/31-01 | #6324615

4. CONTRACTUAL MATTER - CAIRNS COURTHOUSE REFURBISHMENT PROJECT ............................................................................. 19

Bruce Gardiner | 81/1/13-01 | #6342447

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CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST

1. Cr Moller declared that that those Councillors elected as members of the Unity

Team in the 2012 and/or 2016 terms comprising Councillors Manning, James, O’Halloran and himself, have a conflict of interest (as defined by section 175D of the Local Government Act 2009) in Item 2 Closed Session – Contractual Matter – Project Launch Approval – PCW14507 – Contract 75553 – Construction of Kamerunga DN600 Trunk Water Main due to electoral donations from D&M Moule in the amount of $1000 on 11/01/2016 and FGF Developments, $1000 on 27/03/2012 and an in-kind donation valued at $400 on 30/03/2012.

D. Moule is Director of FGF Developments. FGF Developments are a tenderer listed in the contractual matter that this item relates to. There were 11 Unity candidates who stood for election in 2012 and 8 Unity candidates who stood for election in 2016. These amounts equate to $125, $91 and $36 per candidate respectively.

He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on the matter that is contrary to the public interest.

He will best perform his responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter.

However, he acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether he has a real conflict of interest in this matter or a perceived conflict

of interest in this matter; and (b) If so, whether: -

a. He must leave the meeting while this matter is discussed or voted on; or b. He may participate in the meeting in relation to the matter, including by

voting on the matter.

Cr Manning informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on the matter that is contrary to the public interest.





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Cr James informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on the matter that is contrary to the public interest.






voting on the matter. Cr O’Halloran informed the meeting that he may have the same conflict of interest as that described by Councillor Moller. He has determined that this personal interest is not of sufficient significance that it will lead him to making a decision on the matter that is contrary to the public interest.






voting on the matter. 2. Cr Zeiger declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in Item 2 – Open Session National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 due to The Code offers lessees suffering financial hardship proportional reductions up to 100% in rent due to the COVID-19 conditions enforced upon certain businesses.

One of the businesses who would be eligible to receive consideration is Hospitality North Pty Ltd. Hospitality North Pty Ltd sponsors 2 children in Kenya through

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Australian registered charity; Boldlyigo Inc. of which she is the founding Director. She did not receive any income personally from this.

Therefore, she has determined that this personal interest is not of sufficient significance that it will lead her to making a decision on the matter that is contrary to the public interest.

She will best perform her responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter.

However, she acknowledged that the remaining councillors must determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether she has a real conflict of interest in this matter or a perceived

conflict of interest in this matter; and (b) If so, whether: -

a. She must leave the meeting while this matter is discussed or voted on; or b. She may participate in the meeting in relation to the matter, including by


PURPOSE OF MEETING To consider the matters listed on the agenda.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 11/3/20

MOLLER / ZEIGER That the Minutes of the Ordinary Meeting held on Wednesday, 11 March 2020 be confirmed.

carried unanimously

CONFIRMATION OF MINUTES OF THE POST ELECTION MEETING

16/4/20

OLDS / COGHLAN That the Minutes of Post Election Meeting held on Thursday, 16 April 2020 be confirmed with the following amendment – the Election of Deputy Mayor was Moved by Councillor Moller and Seconded by Councillor O’Halloran.

carried unanimously

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1. MATERIAL CHANGE OF USE FOR BAR – 37/111-117 WILLIAMS

ESPLANADE PALM COVE – DIVISION 9 ............................................ 4

Keanu Johnston | 8/8/1546 | #6325429

OLDS / ZEIGER That Council approves the Development Application for a Material Change of Use (Development Permit) for a Bar over land described as 37/111-117 Williams Esplanade, Palm Cove, formally described as Lot 37 on BUP71223, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date

Floor Plan 8/8/1546 19/12/2019

ASSESSMENT MANAGER CONDITIONS 1. This approval, granted under the provisions of the Planning Act 2016, shall

lapse six (6) years from the day the approval takes effect in accordance with the provisions of Section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the application

submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 3. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use 4. Prior to Commencement of Use, written notice must be given to Council that

the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced (attached at Appendix 2).

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Limitation of Use 5. The approved use of a Bar is limited to the following, unless authorised by

the Chief Executive Officer: a. Consumption of liquor is to take place entirely on the premises; b. A maximum capacity to seat sixty (60) persons at any one time; and c. Storage, preparation, handling, packing and/or service of food must

remain ancillary to the approved use of a Bar, with the consumption of food taking place entirely on the premises. No outdoor dining is permitted as part of this approval.

Hours of Operation 6. The approved use of a Bar is limited to the following hours of operation,

unless authorised by the Chief Executive Officer: a. Monday to Sunday – 11:00am to 11:00pm. Refuse Collection 7. The development must be serviced by bulk bin collection for both waste and

re-cycling to sufficient size, collection method and frequency so as not to create nuisance to surrounding premises and residents, to Council’s satisfaction and waste contractor’s requirements.

Trade Waste 8. Trade waste discharge to sewer must meet the requirements of Cairns Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans accompanied by a report that demonstrates that the facility complies with the TWEMP may be required to be submitted to Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

Damage to Council Infrastructure 9. In the event that any part of Council’s existing infrastructure is damaged as a

result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the Applicant /Owner/Developer must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the Applicant/Owner/Developer cost, prior to the Commencement of Use.

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FURTHER ADVICE

1. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

2. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. Advertising Signage 3. Signage on the site must conform to the relevant provisions of Local Law

No. 4 (Advertising Devices) 2019. The local law requirements are located on Council’s website www.cairns.qld.gov.au.

Food Premises 4. Premises intended to be used for the storage, preparation, handling, packing

and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code. Prior to construction or alteration of any premises used for storage, preparation, handling, packing and/or service of food, application for such must be made with Council’s Licensing & Approvals Unit.

All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

5. For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

LAND USE DEFINITIONS*

In accordance with CairnsPlan 2016 the approved land use of Bar is defined as*:

“Premises used primarily to sell liquor for consumption on the premises and that provides for a maximum capacity to seat sixty persons at any one time. The use may include ancillary sale of food for consumption on the premises and entertainment activities.”

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

carried unanimously

http://www.cairns.qld.gov.au/

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2. NATIONAL CABINET MANDATORY CODE OF CONDUCT –

SME COMMERCIAL LEASING PRINCIPLES DURING COVID-19 ..... 20

Kelly Reaston | 55/2/3/-4 | #6347305

OLDS / MOLLER 1. Cr Zeiger is able to participate in the discussion and vote on this matter.

2. The reasons Cr Zeiger is able to participate in the discussion and vote on this matter are as follows:

a. Cr Zeiger has informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr Zeiger has a [perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr Zeiger in this matter is not considered to be significant enough to warrant a decision requiring Cr Zeiger to leave the meeting and not participate in the decision.

carried unanimously with Councillor Zeiger not participating in the vote

MOLLER / O’HALLORAN That Council: 1. Waive all rental payments (and applicable outgoings) for lessees of Council

owned and/or managed facilities that are negatively impacted by the COVID-19 Pandemic for the period of the COVID-19 Pandemic from 1 April 2020 with a review to occur at 30 June 2020 to determine a “reasonable subsequent recovery period”; and

2. Advise no concession is provided for lessees who receive the majority of their

income from a Government Entity as this income remains largely unaffected as a result of the COVID-19 Pandemic and they would not qualify for the Commonwealth Government’s JobKeeper Programme.

carried unanimously

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3. TRANSPORT INFRASTRUCTURE DEVELOPMENT SCHEME (TIDS)

GRANT FUNDING PROJECT PROPOSALS ...................................... 26

M Ringer | 81/1/13-01 | #6330809

OLDS / O’HALLORAN That Council submits applications for funding for $2,504,000 under the State Government Transport Infrastructure Development Scheme (TIDS) Program.

carried unanimously

4. CAPITAL WORKS PROGRAM ........................................................... 31

Bruce Gardiner | 81/1/13-01 | #6350539

JAMES / MOLLER That Council endorses the bringing forward of CBD capital projects identified in table 2 of the report, subject to best endeavours and contractor availability.

carried unanimously

5. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 27 MARCH 2020

......................................................................................................... 36

J Piercy | 63/17/2-01 | #6330240

OLDS / COGHLAN

That Council notes the financial statements for the period ended 27 March 2020.

carried unanimously

6. RE-APPOINTMENT OF CAIRNS SISTER CITIES AMBASSADOR ..... 54

L. Kirchner | 79/4/1-01 | #6342393

ZEIGER / O’HALLORAN That Council:

1. reappoints Mrs Sim Hayward as the Sister Cities Ambassador for Cairns for the term of this Council; and

2. readopts the Sister Cities policy with no amendments required.

carried unanimously

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7. REGIONAL ARTS DEVELOPMENT FUND (RADF) ............................ 57

Lesley Buckley | 79/6/4-01 | #6342454 V3

MOLLER / EDEN That Council: 1. Approves the continuation of the 2019/20 Regional Arts Fund (RADF) program

as per the current Agreement with Arts Queensland, 2. Approves amendments to the Regional Arts Fund Advisory Committee Terms

of Reference General Policy delegating endorsement of Committee recommendations to Council;

3. Approves the reappointment of the current RADF Advisory Committee for the

term of this Council; 4. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to finalise all matters arising from this report.

carried unanimously

8. THE COUNCIL CHAMBER FLAGS .................................................... 65

L. Kirchner | 79/4/1-01 | #6347194

OLDS / MOLLER That Council endorse the proposed changes to the flags in the Council Chamber in due recognition of our First Peoples.

carried with Councillor O’Halloran voting against the motion.

9. CHIEF EXECUTIVE OFFICER'S UPDATE ......................................... 69

John Andrejic | 93/1/2 | #6259870V6

MOLLER / ZEIGER

That Council notes the report.

carried unanimously

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10. CORONAVIRUS (COVID-19) – RESPONSE AND RECOVERY

GOVERNANCE STRUCTURE ............................................................ 93

Nick Masasso | 59/3/1 | #6349313

MOLLER / JAMES That Council notes the governance structure established to oversee COVID-19 response and recovery within the Cairns Local Government Area.

carried unanimously

11. CORONAVIRUS (COVID-19) - HUMAN AND SOCIAL SUB COMMITTEE

....................................................................................................... 100

Brett Spencer | 52/8/1-01 | #6346925v1

OLDS / COGHLAN That Council notes the establishment and activities to date of the Human and Social Sub-Committee (HSSC) in response to the social impacts caused by COVID-19.

carried unanimously

12. CORONAVIRUS (COVID-19) – ECONOMIC RESPONSE AND

RECOVERY SUB-COMMITTEE ....................................................... 104

Nick Masasso | 59/3/1 | #6349540

ZEIGER / VALLELY That Council notes this report on the purpose and activities of the Economic Response and Recovery Sub-Committee including its role in supporting and helping coordinate the economic recovery of the Cairns region in response to the impacts of COVID-19.

carried unanimously

13. FINANCIAL IMPACT OF COVID-19 ................................................ 119

L Whitton | 63/17/2-01 | #6343411

O’HALLORAN / OLDS That Council note the financial impact of the initiatives implemented to date in response to COVID-19.

carried unanimously

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14. CLOSURE OF EXPRESSION OF INTEREST 2723 AND PROCEED TO

OPEN TENDER FOR DISPOSAL OF LAND, WHOLE OR IN PART, FOR

THE PURPOSES OF DEVELOPMENT OVER 20-30 HARTLEY STREET,

CAIRNS CITY (OLD POST OFFICE SITE) ....................................... 123

K Reaston | 83/4/2-01 | #6353982

OLDS / VALLELY That Council: 1. Closes Expression of Interest 2723 and advises the respondents; 2. Commences a public open tender process for the disposal of land, in whole

or in part, on the basis of a development proposal over land described as Lot 10 RP889748 and situated at 20-30 Hartley Street, Cairns City (Old Post Office Site);

3. Delegates 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 the publication and assessment of this Tender subject to Council’s normal procurement practices and policies and the Local Government Regulation 2012; and

4. Notes that a report will be provided to Council to make a decision on the

outcomes of the Tender following officer assessment.

carried unanimously

GENERAL BUSINESS

1. BABINDA BOULDERS

MOLLER / JAMES That Council :-

1. Offers its sincere condolences to the family, relatives and loved ones of

White Rock, teenager, Madison Tam whose life was tragically taken

accidentally recently at the Babinda Boulders;

2. Requests a report by officers on the safety measures and responses that

have been implemented at Babinda Boulders since 2008, with the report to

be provided within three months of today’s meeting;

3. In due course, receives a supplementary report on the coroner’s findings

and the subsequent responses in respect to any additional safety

improvements arising.

carried unanimously

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2. CAIRNS AREA FISH STOCKING GROUP

MOLLER / O’HALLORAN That Council: 1. Approves the extension of the current Resource and Performance

Agreement with Cairns Area Fish Stocking Group, for one year (2020/2021) to provide for immediate financial support of $10,000; and

2. Delegates authority to the Chief Executive Officer in accordance with the

Local Government Act 2009 to finalise any and all matters associated with the Resource and Performance Agreement.

carried unanimously

The meeting was suspended at 10:34 a.m. Meeting resumed 10:47 a.m.

STAY/GO VOTE FOR CONFLICT OF INTEREST – ITEM 2 CLOSED SESSION CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL – PCW14507 – CONTRACT 75553 – CONSTRUCTION OF KAMERUNGA DN600 TRUNK WATER MAIN

OLDS / ZEIGER 1. Cr Manning is able to participate in the discussion and vote on this matter.

2. The reasons Cr Manning is able to participate in the discussion and vote on this matter are as follows:

a. Cr Manning has informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr Manning has a perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr Manning in this matter is not considered to be significant enough to warrant a decision requiring Cr Manning to leave the meeting and not participate in the decision.

carried unanimously with Councillors Manning, Moller, James and O’Halloran not participating in the vote

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ZEIGER / OLDS 1. Cr Moller is able to participate in the discussion and vote on this matter.

2. The reasons Cr Moller is able to participate in the discussion and vote on this matter are as follows:

a. Cr Moller has informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr Moller has a perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr Moller in this matter is not considered to be significant enough to warrant a decision requiring Cr Moller to leave the meeting and not participate in the decision.


OLDS / COGHLAN 1. Cr James is able to participate in the discussion and vote on this matter.

2. The reasons Cr James is able to participate in the discussion and vote on this matter are as follows:

a. Cr James has informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr James has a perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr James in this matter is not considered to be significant enough to warrant a decision requiring Cr James to leave the meeting and not participate in the decision.


17


VALLELY / OLDS 1. Cr O’Halloran is able to participate in the discussion and vote on this matter.

2. The reasons Cr O’Halloran is able to participate in the discussion and vote on this matter are as follows:

a. Cr O’Halloran has informed the meeting of personal interests in the matter in accordance with section 174E(2) of the Local Government Act 2009 (Qld) (LGA);

b. Councillors present and able to vote on this matter are satisfied that, based on the above disclosure and representations made, Cr O’Halloran has a perceived conflict of interest in the matter; and

c. Councillors present and able to vote on this matter are also satisfied that, based on the above disclosure and representations made and in balancing the ‘local government principles’ stated in section 4(2) of the LGA, the conflict of interest for Cr O’Halloran in this matter is not considered to be significant enough to warrant a decision requiring Cr O’Halloran to leave the meeting and not participate in the decision.


CLOSED SESSION

O’HALLORAN / OLDS

COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

1. CONTRACTUAL MATTER - TENDER 2738 - DISPOSAL OF LAND,

WHOLE OR IN PART, FOR THE PURPOSES OF DEVELOPMENT OVER

20-30 HARTLEY STREET, CAIRNS CITY (OLD POST OFFICE SITE)

(ITEM WITHDRAWN) ......................................................................... 3

G Boyd | 83/4/2-01 | #6344781

2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL –

PCW14507 – CONTRACT 75553 – CONSTRUCTION OF KAMERUNGA

DN600 TRUNK WATER MAIN .......................................................... 11

SK:PT | 87/13/3 | #6323756

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 23

Steve Crampton | 63/8/31-01 | #6324615

18


4. CONTRACTUAL MATTER - CAIRNS COURTHOUSE

REFURBISHMENT PROJECT ........................................................... 42

Bruce Gardiner | 81/1/13-01 | #6342447

carried unanimously

OUT OF CLOSED SESSION

COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION

OLDS / VALLELY

carried unanimously

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. CONTRACTUAL MATTER - TENDER 2738 - DISPOSAL OF LAND,

WHOLE OR IN PART, FOR THE PURPOSES OF DEVELOPMENT OVER

20-30 HARTLEY STREET, CAIRNS CITY (OLD POST OFFICE SITE) . 3

G Boyd | 83/4/2-01 | #6344781

ITEM WITHDRAWN

2. CONTRACTUAL MATTER – PROJECT LAUNCH APPROVAL –

PCW14507 – CONTRACT 75553 – CONSTRUCTION OF KAMERUNGA

DN600 TRUNK WATER MAIN .......................................................... 11

SK:PT | 87/13/3 | #6323756

VALLELY / OLDS That Council:

1 Approves the award of Contract 75553 – Construction of Kamerunga DN600 Trunk Water Main, to FGF Developments Pty Ltd for the total lump sum of $5,077,244.64 excluding GST;

2 Approves the Project Launch Approval for project PCW14507 as listed in the report with a Project Launch Budget (PLB) of $6,016,013 and an Approved End Date (AED) of 31 March 2021; and

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3 Delegates authority to the CEO in accordance with the Local Government Act 2009 to enter into contracts, finalise and negotiate any and all matters relating to this project subject to normal procurement practices and policies.

carried unanimously

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 23

Steve Crampton | 63/8/31-01 | #6324615

MOLLER / O’HALLORAN That Council notes the status of the outstanding debt owed to Council as of 27 March 2020.

carried unanimously

4. CONTRACTUAL MATTER - CAIRNS COURTHOUSE

REFURBISHMENT PROJECT ........................................................... 42

Bruce Gardiner | 81/1/13-01 | #6342447

JAMES / MOLLER That Council approves the project scope change to remove the existing kitchen from the Barristers/Bailiffs room, convert the room to gallery space, and install pop-up kitchen facilities in the adjacent storeroom.

carried unanimously

THE MEETING CLOSED AT 11:35 AM

CONFIRMED THIS 13TH DAY OF MAY 2020

……………………………………. MAYOR

…………………………………… CHIEF EXECUTIVE OFFICER

22 april 2020 9:00 a.m. - cairns.qld.gov.au · 4/22/2020 · minutes – ordinary meeting 22 april...

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