cairns regional council ordinary meeting · 4/10/2019  · 5 minutes – ordinary meeting 10 april...

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1 Minutes Ordinary Meeting 10 April 2019 - #6044499 CAIRNS REGIONAL COUNCIL ORDINARY MEETING 10 APRIL 2019 9:00 A.M. PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr L Cooper Cr T James Cr B Moller by phone Cr B Olds Cr M O’Halloran Cr J Richardson Cr J Schilling 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 M Walkden Account Manager A Turnbull Executive Manager Mayor’s Office P Boyd Manager Strategic Planning and Approvals G Boyd Manager Regulatory Service B Spencer Manager Community Development S Godkin Minute Secretary

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Page 1: CAIRNS REGIONAL COUNCIL ORDINARY MEETING · 4/10/2019  · 5 Minutes – Ordinary Meeting 10 April 2019 - #6044499 2. Cr James declared a conflict of interest (as defined by section

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Minutes – Ordinary Meeting 10 April 2019 - #6044499

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

10 APRIL 2019

9:00 A.M.

PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr L Cooper Cr T James Cr B Moller – by phone Cr B Olds Cr M O’Halloran Cr J Richardson Cr J Schilling 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 M Walkden Account Manager A Turnbull Executive Manager Mayor’s Office P Boyd Manager Strategic Planning and Approvals G Boyd Manager Regulatory Service 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 27/3/19 ............................. 6

AGENDA ITEMS AS LISTED

1. ROAD SAFETY, TRAFFIC & TRANSPORT ADVISORY COMMITTEE (RSTTAC) MINUTES .............................................................................................. 7

M Ringer | 1/3/21 | #6012690

2. CAIRNS REGIONAL COUNCIL BIOSECURITY SURVEILLANCE AND CONTROL PROGRAMS ................................................................................ 7

J Monda | 1/3/21 | #6035041

3. PROJECT LAUNCH APPROVAL FOR PT18109 LAKE STREET CBD NORTH ON STREET PARKING .......................................................................................... 7

Joel Scott | 1/3/81 | #5994147

4. PROJECT LAUNCH APPROVAL (PLA) - MAJOR PAVEMENT REHABILITATION PROGRAMME 2018/2019. ADDITIONAL WORKS ................ 8

D Purkiss | 15/15/2-02 | #6037125

5. FIRST PEOPLES ADVISORY QUARTERLY COMMITTEE UPDATE ................... 8 Brett Spencer| 1/3/22-28 | #5965058

6. MATERIAL CHANGE OF USE FOR FUNCTION FACILITY AND SHORT- TERM ACCOMMODATION – 30-36 CARIBBEAN STREET HOLLOWAYS BEACH – DIVISION 8 .................................................................... 8

C Mariot | 8/8/1521 | #6035606v2

7. AMENDMENT TO SUBORDINATE LOCAL LAW NO.11 - SCHEDULE 1 PART (1), (2) & (7) (LOCAL GOVERNMENT CONTROLLED AREAS) 2016 - CAIRNS REGIONAL COUNCIL ................................................................ 15

Kelly Barnes | 71/3/2 | #5983864v2

8. THE ADOPTION AND COMMENCEMENT OF THE CAIRNSPLAN 2016 AMENDMENT 1 OF 2018 – LOCAL GOVERNMENT INFRASTRUCTURE PLAN INTERIM AMENDMENT, CAIRNSPLAN 2016 AMENDMENT 1 OF 2019 – ADMINISTRATIVE AND CAIRNSPLAN 2016 VERSION 1.3............................... 15

Sean Lisle | 8/26/41 | #6007350

9. CAIRNS CITY CENTRE MASTERPLAN .............................................................. 16 Debbie Wellington | 63/1/97-01 | #6038411

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CLOSED SESSION

1. PREJUDICIAL MATTER – QUEENSLAND RECONSTRUCTION AUTHORITY – 2018-19 RESILIENCE FUNDING PROGRAM .................................................. 18

Nick Masasso | 1/3/37 | #6031538

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL – PCS10411 - CONTRACT 75489 – CONSTRUCTION OF SEWAGE PUMP STATION S1 UPGRADE ........................................................................... 18

SK:PT | 63/6/61 | #5967577

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL – PCW14503 – CONTRACT 75552 – CONSTRUCTION OF YORKEYS KNOB 375DN WATER MAIN ............................................................................... 19

SK:JW | 24/20/196 | #6022793

4. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 19 Steve Crampton | 17/25/2-13 | #6012182

DEPUTATION – ACOSS (AUSTRALIAN COUNCIL OF SOCIAL SERVICE) .............. 20

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CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST

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

Team comprising Councillors Manning, Moller, James, Bates, O’Halloran, Richardson and myself 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 – PCS10411 – Contract 75489 – Construction of Sewerage Pump Station S1 Upgrade and Item 3 Closed Session – Contractual Matter – Project Launch Approval – PCW14503 – Contract 75552 – Construction of Yorkeys Knob 375DN Water Main due to a donation to the Unity Team from D & M Moule, the amount of $1000 on the 11th of January, 2016 and from FGF Developments who donated $1000 on 27th of March 2012 and a further $400 in kind donation on 30th of March 2012. M. Moule is a Director of FGF Developments.

He has determined that these personal interests are not of sufficient significance that they will lead hims to making a decision on these matters that is contrary to the public interest

Cr Manning informed the meeting that he may have the same conflict of interests as those described by Councillor Schilling. He has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

Cr Moller informed the meeting that he may have the same conflict of interests as those described by Councillor Schilling. He has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

Cr James informed the meeting that he may have the same conflict of interests as those described by Councillor Schilling. He has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

Cr Bates informed the meeting that he may have the same conflict of interests as those described by Councillor Schilling. He has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

Cr O’Halloran informed the meeting that he may have the same conflict of interests as those described by Councillor Schilling. He has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

Cr Richardson informed the meeting that she may have the same conflict of interests as those described by Councillor Schilling. She has also determined that these personal interests are not of sufficient significance that it might lead to making decisions on these matters that are contrary to the public interest.

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2. Cr James declared 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 – PCS10411 – Contract 75489 – Construction of Sewerage Pump Station S1 Upgrade and Item 3 Closed Session – Contractual Matter – Project Launch Approval – PCW14503 – Contract 75552 – Construction of Yorkeys Knob 375DN Water Main due to a donation to the then Unity Team (preceding the current one) from Koppen Investments Pty Ltd, in the amount of $2000 on the 18th of March 2008, some 11 years ago. Koppen Investments have mutual directors in Koppen Developments and Northern Civil Earthworks. These organisations have submitted tenders for the contractual matters that these items relate to.

These donations were used by the then Unity Team in the 2008 local government elections. The then Unity Team comprised nine candidates in that election. He was unsuccessful in that election.

He has determined that these personal interests are not of sufficient significance that it will lead him to making a decision on these matters that are 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 these discussions and voting on these matters.

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

(a) Whether he has a real conflict of interest in these matters or a perceived

conflict of interest in these matters; and

(b) If so, whether: -

a. He must leave the meeting while these matters are discussed or voted on;

or

b. He may participate in the meeting in relation to the matters, including by

voting on the matters.

3. Cr Cooper declared 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 – PCS10411 – Contract 75489 – Construction of Sewerage Pump Station S1 Upgrade and Item 3 Closed Session – Contractual Matter – Project Launch Approval – PCW14503 – Contract 75552 – Construction of Yorkeys Knob 375DN Water Main due to a donation to the then Unity Team (preceding the current one) from Koppen Investments Pty Ltd, in the amount of $2000 on the 18th of March 2008. Koppen Investments have mutual directors in Koppen Developments and Northern Civil Earthworks. These organisations have submitted tenders for the contractual matters that these items relate to.

These donations were used by the then Unity Team in the 2008 local government elections. The then Unity Team comprised nine candidates in that election. She was successful in that election. She has not been a member of the Unity Team since the 2008 election.

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She has determined that these personal interests are not of sufficient significance that it will lead her to making a decision on these matters 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 discussions and voting on these matters.

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

(a) Whether she has a real conflict of interest in these matters or a perceived

conflict of interest in these matters; and

(b) If so, whether: -

a. She must leave the meeting while these matters are discussed or voted

on; or

b. She may participate in the meeting in relation to these matters, including

by voting on the matters.

SCHILLING / RICHARDSON In accordance with section 175E(6) of the Local Government Act 2009, the Chief Executive Officer be delegated under section 257(1)(b) of the Local Government Act 2009 with the authority to decide: 1. Item 2 Closed Session – Contractual Matter – Project Launch Approval –

PCS10411 – Contract 75489 – Construction of Sewerage Pump Station S1 Upgrade and

2. Item 3 Closed Session – Contractual Matter – Project Launch Approval – PCW14503 – Contract 75552 – Construction of Yorkeys Knob 375DN Water Main

carried with Councillors Olds, Cooper, Bates and Zeiger voting against the motion

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

CONFIRMATION OF MINUTES OF ORDINARY MEETING 27/3/19

RICHARDSON / SCHILLING That the Minutes of the Ordinary Meeting held on Wednesday, 27 March 2019 be confirmed.

carried unanimously

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1. ROAD SAFETY, TRAFFIC & TRANSPORT ADVISORY COMMITTEE

(RSTTAC) MINUTES ........................................................................... 4

M Ringer | 1/3/21 | #6012690

ZEIGER / OLDS That Council notes the minutes of the Road Safety Traffic and Transport Advisory Committee (RSTTAC) of 21 February 2019.

carried unanimously

2. CAIRNS REGIONAL COUNCIL BIOSECURITY SURVEILLANCE

AND CONTROL PROGRAMS ............................................................ 12

J Monda | 1/3/21 | #6035041

SCHILLING / OLDS That Council endorses the Cairns Regional Council Biosecurity Surveillance and Control Programs for 2019/20.

carried unanimously

3. PROJECT LAUNCH APPROVAL FOR PT18109 LAKE STREET CBD

NORTH ON STREET PARKING ........................................................ 95

Joel Scott | 1/3/81 | #5994147

JAMES / SCHILLING That Council: 1. Approves the Project Launch Approval (PLA) for the Lake Street CBD North

On Street Parking project with an overall Project Launch Budget (PLB) of $2,100,000.00 and Approved End Date (AED) of 30 September 2019; and

2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with or in relation to this project, subject to Council’s normal procurement practices, planning laws and policies.

carried unanimously

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4. PROJECT LAUNCH APPROVAL (PLA) - MAJOR PAVEMENT

REHABILITATION PROGRAMME 2018/2019. ADDITIONAL WORKS

....................................................................................................... 121

D Purkiss | 15/15/2-02 | #6037125

OLDS / SCHILLING That Council: 1. Approves the Project Launch Approval (PLA) for the 2018/19 Major

Pavement Rehabilitation Program - Additional Works with a Project Launch Budget (PLB) of $1.8 Million and an Approved End Date (AED) of 30 June 2019.

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

Local Government Act 2009 to enter into contracts, negotiate and finalise any and all matters relating to this program subject to Council’s procurement practices and policies.

carried unanimously

5. FIRST PEOPLES ADVISORY QUARTERLY COMMITTEE UPDATE 127

Brett Spencer| 1/3/22-28 | #5965058

O’HALLORAN / SCHILLING That Council accepts the report on First Peoples Advisory Committee Update for information.

carried unanimously

6. MATERIAL CHANGE OF USE FOR FUNCTION FACILITY AND SHORT-

TERM ACCOMMODATION – 30-36 CARIBBEAN STREET

HOLLOWAYS BEACH – DIVISION 8 ............................................... 131

C Mariot | 8/8/1521 | #6035606v2

RICHARDSON / ZEIGER That Council approves the development application for Function Facility and Short-Term Accommodation over land described as Lot 26 RP742501, located at 30-36 Caribbean Street, Holloways Beach, 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:

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Drawing or Document Reference Date

Site Plan 026CAR Sheet No. 1-4, prepared by Davies Design and Drafting Service

January 2019

Carpark 1 Site Plan 026CAR Sheet No. 2-4, prepared by Davies Design and Drafting Service

January 2019

Carpark 2 Site Plan 026CAR Sheet No. 3-4, prepared by Davies Design and Drafting Service

January 2019

Carpark 3 Site Plan 026CAR Sheet No. 4-4, prepared by Davies Design and Drafting Service

January 2019

House and Villa Floor Plan

Council Ref: #5987166 Received 31 January 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 88 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 the respective uses of the site, written notice must

be given to Council that the relevant part of the development fully complies with the relevant conditions of this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the relevant use has commenced.

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Limitation of Use – Function Facility 5. The approved use of Function Facility is limited to the following unless

otherwise authorised by the Chief Executive Officer:

a. The maximum number of patrons/guests at the site at any one time is restricted to sixty (60) people (excluding staff) unless otherwise approved by the Chief Executive Officer; and

b. The number of events held at the site is restricted to one (1) event on any

given day.

6. The hours of operation of the Function Facility is limited to the following unless otherwise authorised by the Chief Executive Officer:

a. Friday and Saturday from 10am until midnight; and b. Sunday and Public Holidays from 10am until 10pm. Limitation of Use – Short Term Accommodation 7. The approved use of Short Term Accommodation is limited to the following

unless otherwise authorised by the Chief Executive Officer:

a. A maximum number of sixteen (16) guests; b. The maximum duration of stay of patrons must not exceed three (3)

consecutive months; and c. The Short Term Accommodation component can operate 24-hours a day,

Monday to Sunday. Noise 8. The use of loudspeakers and amplified devices, including amplified music is

not permitted after 10:30pm Friday and Saturday and 9pm on Sunday and Public Holidays.

9. Prepare a Noise Management Plan that demonstrates how the noise

associated within the approved Function Facility use can be appropriately managed. The Management Plan must include, but not be limited to the following:

a. Maintain a complaints register which must be made available to Council

upon request. The complaints register must detail the nature of the complaint, the time it was made and the action taken to rectify the complaint;

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b. Provide notification of any events occurring after 10:30pm Friday or Saturday Night to neighbouring properties prior to each event with details of the event organiser included for the process of lodging noise complaints; and

c. Provide further details of how the events will be managed to ensure

compliance with the relevant requirements. The Noise Management Plan must be submitted to Council prior to the

Commencement of use. The Noise Management Plan must be implemented for every event with the requirements made known to all event organisers.

10. A Noise Compliance Report is to be submitted to Council within six (6) months

of the Commencement of the Function Facility Use, demonstrating events in that period complied with the following:

a. Condition 8 of this Development Permit restricting loudspeakers or

amplified music; b. The recommendations of the Noise Management Plan; and

c. Inclusion of any other relevant conditions included in this Development

Permit. The Noise Compliance Report must detail the nature of the non-compliance

and provide recommendations to achieve compliance. Site Based Operational Plan (SBOP)

11. Prepare a Site Based Operational Plan (SBOP) for the management of the

activities associated with the Function Facility authorised under this approval. The SBOP must be made known to all event organisers and must include the following details: a. Details of the Noise Management Plan; b. Detail of on-site carparking being provided to event organisers, staff,

guests and patrons; c. Details of traffic control methods; and d. Details of the Hours of Operation and Maximum Patronage. The SBOP must be submitted to Council prior to the Commencement of Use. The Applicant / Owner must acknowledge in writing that all potential event organisers will be advised of the requirements of the Site Based Operational Procedure.

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Vehicle Parking & Access 12. Provide a minimum of twenty-five (25) carparking spaces being twenty (20)

carparking spaces for the Function Facility and five (5) spaces for the Short Term Accommodation as identified on the approved plans of development. Provision of space must be provided on site for vehicles to turn around so that all vehicles, including service vehicles, can enter and exit in a forward direction.

Service Vehicles 13. Deliveries to the site must not be made prior to 7:00am or after 6:00pm,

Monday to Sunday, including public holidays. External Works 14. Undertake the following works external to the land at no cost to Council:

a. Provision of a concrete crossover (or other approved surface) and aprons for the new crossover located at the ‘second gate entrance’ and upgrade of existing crossover for the service vehicle entry and ‘main gate’ entry must be in accordance with FNQROC Development Manual Drawing S1015C.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the Commencement of Use.

Parking Signage 15. Erect permanent parking signage located at the Caribbean Street frontage

advising of the location of off-street visitor parking area and access to the site. The sign(s) must be erected prior to the commencement of use and must be maintained at all times.

Drainage Conditions 16. The proposed development must not create ponding nuisances and/or a

concentration of stormwater flows to adjoining properties. 17. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer.

Advertising Signage 18. Advertising Signage is limited to one (1) sign no greater than 1 metre in length

and 0.3 metres in height and must not be illuminated.

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Refuse Collection 19. General waste and recycling generated by the approved use, must be

collected and disposed of by regulated waste contractors. Vegetation Clearing 20. Existing vegetation on the subject land must be retained in all areas. Any

further clearing requires an Operational Works Approval. Damage to Council Infrastructure 21. In the event that any part of Council’s existing stormwater or road

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to: mobilisation of heavy construction equipment; stripping and grubbing; the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developers/owners/builders cost, prior to the Commencement of Use.

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. 3. Should the provisions of Shared Facility Accommodation be provided to

holiday makers or travellers a Shared Facilities Accommodation Local Law Permit may be required to obtained from Council.

Health 4. The provision of serving or handling of food on the site may also require the

need for a Food License to be obtained from Council. Please refer to Council’s Website for more information. 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.

5. Prior to operation of the food business, the operator must hold a current Food

Licence issued by Council’s Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

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Liquor License 6. The sale of alcohol may also require a liquor license to be obtained from the

Office of Liquor and Gaming Regulation. Please refer to the State Government, Department of Liquor and Gaming for more information.

Infrastructure Charges Notice 7. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter. The amount in the Infrastructure Charges Notice has been calculated according to Council’s Infrastructure Charges Resolution.

Please note that this Decision Notice and the Infrastructure Charges Notice

are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment. The time when payment is due is contained in the Infrastructure Charges Notice.

8. 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 2016v1.2 the approved land use of Function Facility and Short Term Accommodation is defined as: ‘Function Facility - Premises used for conducting receptions or functions that may include the preparation and provision of food and liquor for consumption on site.’ ‘Short-Term Accommodation - Premises used to provide short-term accommodation for tourists or travellers for a temporary period of time (typically not exceeding three consecutive months) and may be self-contained. The use may include a manager’s residence and office and the provision of recreation facilities for the exclusive use of visitors.’ *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

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7. AMENDMENT TO SUBORDINATE LOCAL LAW NO.11 - SCHEDULE 1

PART (1), (2) & (7) (LOCAL GOVERNMENT CONTROLLED AREAS)

2016 - CAIRNS REGIONAL COUNCIL ............................................ 157

Kelly Barnes | 71/3/2 | #5983864v2

RICHARSON / SCHILLING That Council resolves to adopt the amendments to subordinate Local Law 11 (Local Government Controlled Areas and Roads) pursuant to s 29(2) of the Local Government Act 2009, and under Cairns Regional Council Local Law Making Process adopted by Council 27 January 2016.

carried unanimously

8. THE ADOPTION AND COMMENCEMENT OF THE CAIRNSPLAN 2016

AMENDMENT 1 OF 2018 – LOCAL GOVERNMENT INFRASTRUCTURE

PLAN INTERIM AMENDMENT, CAIRNSPLAN 2016 AMENDMENT 1 OF

2019 – ADMINISTRATIVE AND CAIRNSPLAN 2016 VERSION 1.3 263

Sean Lisle | 8/26/41 | #6007350

SCHILLING / JAMES That Council: 1. Considers the matters raised, and resolves to proceed with changes

proposed, in the Submission Review Report in relation to CairnsPlan 2016 Amendment 1 of 2018 – Local Government Infrastructure Plan Interim Amendment; and

2. Resolves to adopt the CairnsPlan 2016 Amendment 1 of 2018 – Local

Government Infrastructure Plan Interim Amendment; and 3. Sets 15 April 2019 as the commencement date for the CairnsPlan 2016

Amendment 1 of 2018 – Local Government Infrastructure Plan Interim Amendment; and

4. Resolves to decide to make CairnsPlan 2016 Amendment 1 of 2019 –

Administrative to make necessary administrative amendments relating to the integration of the CairnsPlan 2016 Amendment 1 of 2018 – Local Government Infrastructure Plan Interim Amendment in accordance with the requirements of the Planning Act 2016; and

5. Resolves to adopt CairnsPlan 2016 Amendment 1 of 2019 – Administrative in

accordance with the requirements of the Planning Act 2016; and 6. Sets 15 April 2019 as the commencement date for the ‘CairnsPlan 2016

Amendment 1 of 2019 – Administrative’; and

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7. Resolves to adopt CairnsPlan 2016 Version 1.3 (incorporating CairnsPlan 2016 Amendment 1 of 2018 – Local Government Infrastructure Plan Interim Amendment and CairnsPlan 2016 Amendment 1 of 2019 – Administrative); and

8. Sets 15 April 2019 as the commencement date for the CairnsPlan 2016 Version

1.3; and 9. Places a notice in the Queensland Government Gazette, a local newspaper

and on Council’s website advising of the adoption and commencement of the following:

a. CairnsPlan 2016 Amendment 1 of 2018 – Local Government Infrastructure

Plan Interim Amendment; and b. CairnsPlan 2016 Amendment 1 of 2019 – Administrative; and c. CairnsPlan 2016 Version 1.3.

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

Local Government Act 2009 and the Planning Act 2016 to finalise all matters in relation to the adoption and commencement of the CairnsPlan 2016 Amendment 1 of 2018 – Local Government Infrastructure Plan Interim Amendment and associated CairnsPlan 2016 amendments.

carried unanimously

9. CAIRNS CITY CENTRE MASTERPLAN .......................................... 296

Debbie Wellington | 63/1/97-01 | #6038411

JAMES / OLDS That Council adopts the Cairns City Centre Master Plan as set out in Attachment 1 to this report.

carried with Cr Bates voting against the motion.

GENERAL BUSINESS The Chief Executive Officer gave an update on the evacuation of CPAC at the weekend.

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CLOSED SESSION

OLDS / O’HALLORAN

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

1. PREJUDICIAL MATTER – QUEENSLAND RECONSTRUCTION

AUTHORITY – 2018-19 RESILIENCE FUNDING PROGRAM .............. 3

Nick Masasso | 1/3/37 | #6031538

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –

PCS10411 - CONTRACT 75489 – CONSTRUCTION OF SEWAGE

PUMP STATION S1 UPGRADE ......................................................... 10

SK:PT | 63/6/61 | #5967577

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –

PCW14503 – CONTRACT 75552 – CONSTRUCTION OF YORKEYS

KNOB 375DN WATER MAIN ............................................................ 21

SK:JW | 24/20/196 | #6022793

4. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 32

Steve Crampton | 17/25/2-13 | #6012182

carried unanimously

OUT OF CLOSED SESSION

COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION

OLDS / BATES

carried unanimously

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RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

1. PREJUDICIAL MATTER – QUEENSLAND RECONSTRUCTION

AUTHORITY – 2018-19 RESILIENCE FUNDING PROGRAM .............. 3

Nick Masasso | 1/3/37 | #6031538

SCHILLING / RICHARDSON That Council: 1. Approves the submission of applications for funding under the Queensland

Reconstruction Authority 2018-19 Resilience Funding Program for the following projects (in priority order):

a. Holloways Beach Erosion Prevention (storm surge protection) b. CCTV Inspection of Drainage Infrastructure

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

Local Government Act 2009 to finalise any and all matters relating to the above applications.

carried unanimously

2. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –

PCS10411 - CONTRACT 75489 – CONSTRUCTION OF SEWAGE

PUMP STATION S1 UPGRADE ......................................................... 10

SK:PT | 63/6/61 | #5967577

Under section 175E(6) of the Local Government Act 2009 due to a majority of the councillors present at the meeting informing the meeting of their personal interests in this matter, the matter is delegated to the Chief Executive Officer under section 257 of the Local Government Act 2009.

OFFICERS RECOMMENDATION: It is recommended that Council:

1. Approves the award of Contract 75489 - Construction of Sewage Pump Station S1 Upgrade to Koppen Developments Pty Ltd for the total lump sum of $1,334,064.25 excluding GST;

2. Approves the Project Launch Approval for project PCS10411 as listed in the report with a Project Launch Budget (PLB) of $2,000,099 and an Approved End Date (AED) of 18 September 2019; and

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

3. CONTRACTUAL MATTER - PROJECT LAUNCH APPROVAL –

PCW14503 – CONTRACT 75552 – CONSTRUCTION OF YORKEYS

KNOB 375DN WATER MAIN ............................................................ 21

SK:JW | 24/20/196 | #6022793

Under section 175E(6) of the Local Government Act 2009 due to a majority of the councillors present at the meeting informing the meeting of their personal interests in this matter, the matter is delegated to the Chief Executive Officer under section 257 of the Local Government Act 2009.

OFFICERS RECOMMENDATION: It is recommended that Council:

1. Approves the award of Contract 75552 - Construction of Yorkeys Knob DN375 Water Main to Northern Civil Earthworks Pty Ltd for the total lump sum of $1,352,387.50 excluding GST;

2. Approves the Project Launch Approval for project PCW14503 as listed in the report with a Project Launch Budget (PLB) of $2,075,084 and an Approved End Date (AED) of 31 December 2019; and

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

4. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 32

Steve Crampton | 17/25/2-13 | #6012182

JAMES / OLDS That Council notes the status of the outstanding debt owed to Council as at 29 March 2019.

carried unanimously

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DEPUTATION – ACOSS (AUSTRALIAN COUNCIL OF SOCIAL SERVICE)

ACOSS (Australian Council of Social Service) presented to Council on the low rate of Newstart and other income support payments, the impacts on local residents who are unemployed, and how an increase to payments would benefit the Cairns Local Government Area.

THE MEETING CLOSED AT 10:23 AM

CONFIRMED THIS 24th DAY OF APRIL 2019

……………………………………. MAYOR

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