new agenda template - city of cairns · 2020. 2. 27. · 6 minutes – ordinary meeting 12 february...

Minutes – Ordinary Meeting 12 February 2020 - #6299961

ORDINARY MEETING

12 FEBRUARY 2020

9:00 A.M.

PRESENT: Cr B Manning (Chairperson) Cr R Bates Cr L Cooper Cr T James Cr B Moller 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 P Rogato Media Coordinator A Turnbull Executive Manager Mayor’s Office P Boyd Manager Strategic Planning and Approvals B Spencer Manager Community Development S Godkin Minute Secretary

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TABLE OF CONTENTS

CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 5 PURPOSE OF MEETING .............................................................................................. 10

13. RESPONSE TO THE ECONOMIC IMPACTS FROM NOVEL CORONAVISUS .. 10 Nick Masasso 93/1/2 #6301189

CONFIRMATION OF MINUTES OF ORDINARY MEETING 22/2/20 ........................... 12

CONFIRMATION OF MINUTES OF STANDING COMMITTEE A 22/2/20 ................... 12

CONFIRMATION OF MINUTES OF STANDING COMMITTEE B 22/2/20 ................... 12

CONFIRMATION OF MINUTES OF STANDING COMMITTEE C 22/2/20 ................... 13

CONFIRMATION OF MINUTES OF STANDING COMMITTEE D 22/2/20 ................... 13

AGENDA ITEMS AS LISTED

1. ARNOLD AND MAGAZINE STREET UPGRADE STAGE 1 PT19053-01 ........... 13 Peter Stock | 50/5/47-01 | #6221807

2. ASBESTOS DISPOSAL GENERAL POLICY ...................................................... 14 Jacinta Ryan | 6287230-v2

3. FUNDING REQUEST – DISASTER RECOVERY FUNDING ARRANGEMENTS (COMMUNITY ASSETS PROGRAM) ................................... 14

J Ritchie | 63/8/12-03 | #6294447

4. PROPERTY MATTERS RESOLVED UNDER DELEGATIONS – 1 JULY TO 31 DECEMBER 2019 ...................................................................................... 14

Sharon Morgan | 55/2/3 | #6267069v2

5. MATERIAL CHANGE OF USE FOR A STAGED DEVELOPMENT – DWELLING HOUSE (STAGE 1) AND DUAL OCCUPANCY (STAGE 2) – 5 STRUTTON PLACE, MOOROOBOOL – DIVISION 4 .................................... 15

Michelle Henderson | 8/30/300 | #6267195

6. MATERIAL CHANGE OF USE INDOOR SPORT AND RECREATION – 2-8 TRINITY BEACH ROAD TRINITY BEACH – DIVISION 9 ........................... 15

Nastassja Lazarus | 8/8/1542 | #6252268

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7. SUPPORT FOR INNOVATION ............................................................................. 15 Belinda Hutchinson | 58/3/3 | #6185157

8. PROPOSED ARTS AND CULTURAL FACILITIES GENERAL POLICY – DRAFT AMENDMENTS CONCERNING MUNRO MARTIN PARKLANDS USAGE ................................................................................................................. 15

Linda Kirchner | 79/5/19-01 | #6162207

9. ACTIVE TRANSPORT STRATEGY FOR CAIRNS .............................................. 16 Kristy Nicolaou | 79/7/1-01 | #6275466

10. CAIRNS REGIONAL COUNCIL PUBLIC ART REVIEW 2012-2018 ................... 16 Lesley Buckley | 79/5/7-01 | #6243482

11. CHIEF EXECUTIVE OFFICER'S UPDATE .......................................................... 16 John Andrejic | 93/1/2 | #6259870V2

12. ESPLANADE DINING PRECINCT PROJECT ..................................................... 16 Deb Wellington | 63/1/97-01 | #6292156

GENERAL BUSINESS

1. CAIRNS KART CLUB .......................................................................................... 17

2. ACTIVE LIVING – SUBURBS FREE FITNESS PROGRAM ................................ 17

3. CAIRNS AGRICULTURAL, PASTORAL AND MINING ASSOCIATION ............ 17

4. AUSTRALIA DAY CELBRATIONS ...................................................................... 19

CLOSED SESSION

1. PREJUDICIAL MATTER - TOURISM TROPICAL NORTH QUEENSLAND RESOURCE AND PERFORMANCE AGREEMENT - OUTCOMES AND ACQUITTAL FOR 2018/2019 ................................................. 22

Angelo Finocchiaro | 58/1/2-01 | #6247348

2. CONTRACTUAL MATTER – SOLE SUPPLIERS ................................................ 23 Neil Singleton | 63/14/4 | #6279815

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 23 Steve Crampton | 63/8/31-01 | #6270938

4. PREJUDICIAL MATTER – LOCAL COMMUNITY EVENT GRANTS 2020 – APPLICATION ROUND 14 ....................................................................... 23

Nicole Griffiths | 52/1/8 | #6266446

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5. CONTRACTUAL MATTER – INFRASTRUCTURE AGREEMENT AND PROJECT LAUNCH APPROVAL – JOHANNA ROAD DEVELOPMENT – NAVIGATION DRIVE AND DRAINAGE WORKS - DIVISION 9 ....................... 26

Sean Lisle / Michael Ringer | 8/13/1980 | #6278850

6. CONTRACTUAL MATTER – INFRASTRUCTURE AGREEMENT AND PROJECT LAUNCH APPROVAL – REDLYNCH VISTA DEVELOPMENT – JUNGARA ROAD REDLYNCH INTAKE ROAD INTERSECTION WORKS - DIVISION 6 ......................................................................................................... 26


7. CONTRACTUAL MATTER – CONTRACT 2719 – PROVISION OF CCTV AND VIDEO MANAGEMENT SOFTWARE SERVICES ....................................... 26

David McAuley | 50/3/24-01 | #6245137

8. CONTRACTUAL MATTER - REEF EYE – END OF SEASON REPORT ............ 27 K Richardson | 52/8/1 | #6248346v2

9. PREJUDICIAL MATTER - REGIONAL ARTS DEVELOPMENT FUND (RADF) 2019/20 – OUTCOME OF MAJOR ROUND ONE ................................... 27

Fleur McMenamin | 79/6/4-01 | #6260307

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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

comprising Councillors Manning, Moller, James, Bates, O’Halloran, Richardson and himself have a conflict of interest (as defined by section 175D of the Local Government Act 2009) as follows:

a) Item 5 in Open Session – Material Change of Use for a Staged Development

– Dwelling House (Stage 1) and Dual Occupancy (Stage 2) – 5 Strutton Place, Mooroobool – Division 4 due to a donation of in-kind architectural services from JB Design on 26 February 2016. The in-kind donation was valued at $5,500 and was auctioned off by the Unity Team as a fundraising initiative. The services have never been redeemed. Cr James is the principal of JB Design and JB Design have provided professional services to the applicant in this matter on an arms length basis. There were 8 Unity candidates who stood for election in 2016. This amount equates to $687.50 per candidate.

b) Item 6 in Open Session – Material Change of Use Indoor Sport and Recreation

– 2-8 Trinity Beach Road Trinity Beach – Division 9 due to Electoral donations from; S&A Ricketts the amount of $500 on 06/01/2016. This amount equates to $62.50 per candidate. Stuart Ricketts is the Director of Urban Sync. Urban Sync has acted as a consultant on this matter, and

MacDonnells Law the amount of $2000 on 20/04/2012. There were 11 Unity candidates who stood for election in 2012. This amount equates to $181.80 per candidate. Luckbir Singh and Russell Beer are Partners of MacDonnells Law. They are also Directors of Vasey Esplanade Pty Ltd who are the landowner and applicant in this matter.

c) Item 7 in Open Session – Support for Innovation due to Electoral donations

from Sally & John Mlikota the amount of $1350 on 03/04/2012. This amount equates to $122.70 per candidate. Sally Mlikota is on the Management Committee of the Cairns Chamber of Commerce. The Cairns Chamber of Commerce are a stakeholder impacted by this matter, and

From Cam Charlton the amount of $1500 on 03/04/2012. This amount equates to $136.35 per candidate. Cam Charlton is the Deputy Chancellor of James Cook University. James Cook University are a stakeholder impacted by this matter.

d) Item 4F, Closed Session – Prejudicial Matter – Local Community Event Grants

2020 – Application Round 14 – Cairns Golf Club due to an electoral donation from S&A Ricketts the amount of $500 on 06/01/2016. This amount equates to $62.50 per candidate. Stuart Ricketts is a Director of the Cairns Golf Club. Cairns Golf Club are an applicant for the grant round that this report relates to.

e) Item 5 Closed Session – Contractual Matter – Infrastructure Agreement and

Project Launch Approval – Johanna Road Development – Navigation Drive and Drainage Works – Division 9 and Item 6 in Closed Session – Contractual Matter – Infrastructure Agreement and Project Launch Approval – Redlynch Vista Development – Jungara Road Redlynch Intake Road Intersection Works

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– Division 6 due to an electoral donation from Brazier Motti the amount of $500 on 10/02/2016. This amount equates to $62.50 per candidate. Brazier Motti have acted as a consultant in both of these matters.

He has also determined that these personal interests are not of sufficient significance that they might lead to making decisions on these matters that are contrary to the public interest.

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

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

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

2. Cr Olds declared he has a conflict of interest (as defined by section 175D of the

Local Government Act 2009) in Item 4G, Closed Session – Prejudicial Matter – Local Community Event Grants 2020 – Application Round.

North Queensland Branch Inc Surf Lifesaving Association of QLD are listed as an applicant for the grant this item relates to. He was formerly the President of the Ellis Beach Surf Life Saving Club and is currently serving on a sub-committee for the club.

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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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 now 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.

3. Cr Manning declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in Item 13 Open Session – Response to the Economic Impacts from Novel Coronaviris and Item 1 in Closed session – Prejudicial Matter – Tourism Tropical North Queensland Resource and Performance Agreement- Outcomes and Acquittal for 2018/2019 due to his life membership with TTNQ.

Also in Item 4G Closed session – Prejudicial Matter – Local Community Event Grants 2020 – Application Round due to his status as Vice Patron of Surf Life Saving Queensland. The North Queensland Branch are listed in the grant round that this item relates to.

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 now 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.

4. Cr Zeiger declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in In Item 7 Open session – Support for Innovation due to the fact that Sally Mlikota is a child sponsor of the charity she is Director of, Boldly I Go Inc.

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Sally Mlikota is on the Management Committee of the Cairns Chamber of Commerce. The Cairns Chamber of Commerce are a stakeholder impacted by this matter.

Should this matter proceed to a discussion and vote during this meeting, she will request a determination from her fellow Councillors as to how this conflict of interest should be dealt with.

5. Cr James declared that he has a material personal interest as defined by section

175B of the Local Government Act 2009 in Item 5 in Open Session – Material Change of Use for a Staged Development – Dwelling House (Stage 1) and Dual Occupancy (Stage 2) – 5 Strutton Place, Mooroobool – Division 4 due to the fact that JB Design have acted as a consultant to the applicant on this matter. He is a principal of JB Design. He will be dealing with this declared interest by leaving the meeting while this matter is discussed and voted on.

6. Cr Bates declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in Item 4 Open Session – Property Matters Resolved under Delegation – 1 July to 31 December 2019, due to his Presidency of a Not for Profit Sporting Club mentioned in the report. He will be dealing with this declared interest by leaving the meeting while this matter is discussed and voted on.

Also item 13 Open Session – Response to the Economic Impacts for Novel

Coronavirus due to his wife’s employment at Study Cairns. He will be dealing with this declared interest by leaving the meeting while this matter is discussed and voted on.

7. Cr Cooper declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in the following:

a) Item 6 Open Session Material Change of Use Indoor Sport and Recreation – 2-8 Trinity Beach Road Trinity Beach – Division 9 due to a donation from MacDonnells Law, the amount of $2000 on 05/06/2012.

Luckbir Singh and Russell Beer are Partners of MacDonnells Law. They are also Directors of Vasey Esplanade Pty Ltd who are the landowner and applicant in this matter. Should this matter proceed to a discussion and vote during this meeting, she will request a determination from her fellow Councillors as to whether she has a conflict of interest in this matter and how it should be dealt with.

b) Item 5 Closed session - Contractual Matter – Infrastructure Agreement and

Project Launch Approval – Johanna Road Development – Navigation Drive and Drainage Works – Division 9 due to a donation from Law Solutions in the amount of $500 on 19/02/2016. Ranjit Singh was a partner at Law Solutions. Ranjit Singh is currently a Partner of Holding Redlich, the legal firm representing the applicant in this matter.

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Should this matter proceed to a discussion and vote during this meeting, she will request a determination from her fellow Councillors as to whether she has a conflict of interest in this matter and how it should be dealt with.

c) Item 6 in Closed Session – Contractual Matter – Infrastructure Agreement

and Project Launch Approval – Redlynch Vista Development – Jungara Road Redlynch Intake Road Intersection Works – Division 6 due to a donation from Law Solutions in the amount of $500 on 19/02/2016. Ranjit Singh was a partner at Law Solutions. Ranjit Singh is currently a Partner of Holding Redlich, the legal firm representing the applicant in this matter.

Should this matter proceed to a discussion and vote during this meeting, she will request a determination from her fellow Councillors as to whether she has a conflict of interest in this matter and how it should be dealt with.

MOLLER / OLDS In accordance with section 175E(6) of the Local Government Act 2009, the following items be delegated under section 257(1)(b) of the Local Government Act 2009 with the authority to decide as follows: Standing Committee A 1. Item 5 in Open Session – Material Change of Use for a Staged Development

– Dwelling House (Stage 1) and Dual Occupancy (Stage 2) – 5 Strutton Place, Mooroobool – Division 4

2. Item 4F, Closed Session – Prejudicial Matter – Local Community Event Grants 2020 – Application Round 14 – Cairns Golf Club

Standing Committee C 1. Item 7 Open session – Support for Innovation Standing Committee D 1. Item 6 in Open Session – Material Change of Use Indoor Sport and

Recreation – 2-8 Trinity Beach Road Trinity Beach – Division 9 2. Item 5 Closed Session – Contractual Matter – Infrastructure Agreement and

Project Launch Approval – Johanna Road Development – Navigation Drive and Drainage Works – Division 9, and

3. Item 6 in Closed Session – Contractual Matter – Infrastructure Agreement and Project Launch Approval – Redlynch Vista Development – Jungara Road Redlynch Intake Road Intersection Works – Division 6

carried with Councillor Bates voting against the motion

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

13. RESPONSE TO THE ECONOMIC IMPACTS FROM NOVEL

CORONAVIRUS

Nick Masasso | 93/1/2 | #6301189

Cr Bates left the meeting 9.19 a.m.

MOLLER / SCHILLING 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 Cr Manning not participating in the vote

MANNING / JAMES That Council: 1. Formally acknowledges and expresses its condolences for the loss of life in

China from the Novel Coronavirus and also acknowledges the broader social and economic impacts the virus is having in China;

2. Writes to Cairns’ Sister City in China, Zhanjiang, expressing Council’s empathy and support at this time;

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3. Implements the following initiatives as an interim response to the impacts of the Novel Coronavirus on the Cairns economy:

a. Approves the extension of the due date for the half year rates issue,

1 January 2020 to 30 June 2020, from 27 February 2020 to 27 May 2020 for all ratepayers;

b. Approves the immediate payment of $2,057,000 (including GST) to Tourism Tropical North Queensland (TTNQ) representing the remaining Resource and Performance Agreement and project funding budgeted to be paid to TTNQ between 12 February 2020 and 30 June 2020;

c. Approves the reallocation of $150,000 (excluding GST) in TTNQ project funding previously allocated to the Aviation Attraction Program project (which is no longer proceeding) to other destination marketing activities as determined by TTNQ;

d. Develops and distributes, through Council’s existing social media channels, two videos aimed at driving visitation to Cairns with implementation of this initiative to be undertaken in consultation with TTNQ;

e. Approves a one year extension of Council’s current Resource and Performance Agreement with Study Cairns Inc for the period 1 July 2020 to 30 June 2021 and immediately makes a payment of $165,000 (including GST) to Study Cairns Inc representing all remaining Resource and Performance Agreement funding payable to Study Cairns Inc for the period 12 February 2020 to 30 June 2021;

f. Works with other regional economic development agencies including TTNQ and the Cairns Chamber of Commerce to develop and promote a Stay Local - Buy Local campaign and allocates $40,000 (excluding GST) in funding to support this initiative;

g. Advocates to the Queensland and Federal Governments for specific policy and funding to assist businesses and individuals adversely impacted by the Coronavirus. Such initiatives should include payroll tax, GST and taxation payment relief as well as support funding for affected businesses and industries, in particular tourism, education and the seafood export sector;

h. Continues to work with the Queensland Government, Cairns Airport and other stakeholders to ensure the $150,000 (excluding GST) in funding previously committed by Council to support air freight services between Cairns and Hong Kong continues to be effective including restructuring the timing and nature of this funding if and as required;

i. Reemphasises its commitment to local procurement as evidenced by the results outlined in Council’s State of Procurement Report for 2018/19;

4. Continues to monitor the economic impacts of the Novel Coronavirus on an

ongoing basis with Council Officers to provide further reports and recommendations to Council if and when required; and

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5. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise any and all matters relating to the implementation of the above matters.

carried unanimously

Cr Bates returned 9:35 a.m.

CONFIRMATION OF MINUTES OF ORDINARY MEETING 22/1/20

OLDS / O’HALLORAN That the Minutes of the Ordinary Meeting held on Wednesday, 22 January 2020 be confirmed.

carried unanimously

CONFIRMATION OF MINUTES OF STANDING COMMITTEE A MEETING

22/1/20

COOPER / MOLLER That the Minutes of Standing Committee A Meeting held on Wednesday, 22 January 2020 be confirmed.


CONFIRMATION OF MINUTES OF STANDING COMMITTEE B MEETING

22/1/20

ZEIGER / JAMES That the Minutes of Standing Committee B Meeting held on Wednesday, 22 January 2020 be confirmed.


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CONFIRMATION OF MINUTES OF STANDING COMMITTEE C MEETING

22/1/20

OLDS / JAMES That the Minutes of Standing Committee C Meeting held on Wednesday, 22 January 2020 be confirmed.


CONFIRMATION OF MINUTES OF STANDING COMMITTEE D MEETING

22/1/20

OLDS / JAMES That the Minutes of Standing Committee D Meeting held on Wednesday, 22 January 2020 be confirmed.


1. ARNOLD AND MAGAZINE STREET UPGRADE STAGE 1 PT19053-01

........................................................................................................... 4

Peter Stock | 50/5/47-01 | #6221807

COOPER / SCHILLING That Council: 1. Approves the construction of the Arnold and Magazine Street Upgrade Stage

1 project with an overall Project Launch Budget (Stage 1) of $2,100,000 (excluding GST) extending over the 2019/20 and 2020/21 financial years with an Approved End Date of 30 September 2020.

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 including land acquisition, subject to Council’s normal procurement policies and practices.

carried unanimously

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2. ASBESTOS DISPOSAL GENERAL POLICY ...................................... 11

Jacinta Ryan | 6287230-v2

MOLLER / SCHILLING That Council adopts the updated Asbestos Disposal Policy.

carried unanimously

3. FUNDING REQUEST – DISASTER RECOVERY FUNDING

ARRANGEMENTS (COMMUNITY ASSETS PROGRAM) .................... 18

J Ritchie | 63/8/12-03 | #6294447

ZEIGER / SCHILLING That Council: 1. Supports the application for funding from the Disaster Recovery Funding

Arrangements (Community Assets Program) for the costs incurred during the repair of the Mt Whitfield Conservation Park emergency access; and


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

carried unanimously

4. PROPERTY MATTERS RESOLVED UNDER DELEGATIONS – 1 JULY

TO 31 DECEMBER 2019 ................................................................... 20

Sharon Morgan | 55/2/3 | #6267069v2

Cr Bates left the meeting 9:42 a.m.

SCHILLING / MOLLER That Council notes the property matters considered under delegation in the six months from 1 July 2019 until 31 December 2019.

carried unanimously

Cr Bates returned 9:42 a.m.

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5. MATERIAL CHANGE OF USE FOR A STAGED DEVELOPMENT –

DWELLING HOUSE (STAGE 1) AND DUAL OCCUPANCY (STAGE 2)

– 5 STRUTTON PLACE, MOOROOBOOL – DIVISION 4 .................... 24

Michelle Henderson | 8/30/300 | #6267195

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 Standing Committee A under section 257(1)(c) of the Local Government Act 2009.

6. MATERIAL CHANGE OF USE INDOOR SPORT AND RECREATION

– 2-8 TRINITY BEACH ROAD TRINITY BEACH – DIVISION 9 .......... 76

Nastassja Lazarus | 8/8/1542 | #6252268

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 Standing Committee D under section 257(1)(c) of the Local Government Act 2009.

7. SUPPORT FOR INNOVATION ........................................................ 101

Belinda Hutchinson | 58/3/3 | #6185157

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 Standing Committee C under section 257(1)(c) of the Local Government Act 2009.

8. PROPOSED ARTS AND CULTURAL FACILITIES GENERAL POLICY –

DRAFT AMENDMENTS CONCERNING MUNRO MARTIN PARKLANDS

USAGE ............................................................................................ 109

Linda Kirchner | 79/5/19-01 | #6162207

BATES / COOPER That Council: 1. Endorse the amendments to the attached Cultural Facilities General Policy in

relation to provisions for the operation of Munro Martin Parklands; 2. Adopts the fees and charges for the hire of Munro Martin Parklands as

proposed in Attachment 2 of this report; 3. Notes that a report will be tabled in September 2020 as to the impact on the

nature and volume of third party hire in the six month period; and

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4. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise all matters in relation to the Policy.

carried unanimously

9. ACTIVE TRANSPORT STRATEGY FOR CAIRNS ............................ 116

Kristy Nicolaou | 79/7/1-01 | #6275466

COOPER / OLDS That Council endorses the Active Transport Strategy subject to a period of public notification on Council’s website with a subsequent report to Council to adopt the Strategy.

carried unanimously

10. CAIRNS REGIONAL COUNCIL PUBLIC ART REVIEW 2012-2018 . 126

Lesley Buckley | 79/5/7-01 | #6243482

COOPER / O’HALLORAN That Council receives and notes the 2012-2018 Cairns Regional Council Public Art Review.

carried unanimously

11. CHIEF EXECUTIVE OFFICER'S UPDATE ....................................... 145

John Andrejic | 93/1/2 | #6259870V2

SCHILLING / OLDS

That Council notes the report.

carried unanimously

12. ESPLANADE DINING PRECINCT PROJECT ................................... 161

Deb Wellington | 63/1/97-01 | #6292156

BATES / O’HALLORAN That Council: 1. Endorses the Esplanade Dining Precinct Concept Design for the purpose of

community engagement; and

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2. Commences engagement on the Esplanade Dining Precinct Concept Design.

carried unanimously

GENERAL BUSINESS

1. CAIRNS KART CLUB

MOLLER / SCHILLING That Council supports the Cairns Kart Club in its grant funding application for their plan to develop part of Thompson Road Sporting Precinct for karting, cycling and driver education activities which is subject to future consideration by Council.

carried unanimously

2. ACTIVE LIVING – SUBURBS FREE FITNESS PROGRAM

COOPER / OLDS 1. The Council fund the remaining Active Living Suburbs program for the

remainder of this financial year at an approximate cost of $10,000. 2. That Council officers write to the Qld Government requesting that they

continue to partner Council to fund the Active Living program in the 2020/21 financial year; and

3. That officers provide a report to the March round of Council meetings on the costs and associated benefits of continuing the Active Living Suburbs program in the 20/21 financial year to assist with deliberations to be held regarding the upcoming budget.

carried unanimously

3. CAIRNS AGRICULTURAL, PASTORAL AND MINING ASSOCIATION

BATES / OLDS That this Council support the Cairns Agricultural, Pastoral and Mining Association by providing security of tenure and approving a 30 year lease with a 5 year conditional timeline. The Cairns Agricultural Pastoral and Mining Association will commit to meeting the Cairns Regional Council requirements within the first 5 years of the lease. Cr Moller declared that that those Councillors elected as members of the Unity Team comprising Councillors Manning, Moller, James, Bates, O’Halloran, Richardson and himself have a conflict of interest (as defined by section 175D of the Local Government Act 2009) in this item due to an electoral donation from D Tong, the amount of $250 on

05/04/2012. There were 11 Unity candidates in the 2012 election. This amount equates to

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$22.70 per candidate. D Tong is on the Cairns Show Association Management Committee. The Cairns Show Association are the subject of the general business item. Cr Manning informed the meeting that he may have the same conflict of interest as those described by Cr Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making decisions on this matter that is contrary to the public interest. Cr Schilling informed the meeting that he may have the same conflict of interest as those described by Cr Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making decisions on this matter that is contrary to the public interest. Cr James informed the meeting that he may have the same conflict of interest as those described by Cr Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making decisions on this matter that is contrary to the public interest. Cr Bates informed the meeting he has received formal advice from the Office of Independent Assessor that he does not have a conflict of interest in this matter. Cr Bates also advised that Cr Moller has made a declaration that has included his name within that declaration and that it should be withdrawn, Cr Bates has made it clear he has not declared a conflict of interest in this matter. Cr O’Halloran informed the meeting that he may have the same conflict of interest as those described by Cr Moller. He has also determined that this personal interest is not of sufficient significance that it might lead to making decisions on this matter that is contrary to the public interest. Cr Richardson informed the meeting that he may have the same conflict of interest as those described by Cr Moller. She has also determined that this personal interest is not of sufficient significance that it might lead to making decisions on this matter that is contrary to the public interest.

MOLLER / SCHILLING In accordance with section 175E(6) of the Local Government Act 2009, the current item be delegated under section 257(1)(b) of the Local Government Act 2009 with the authority to decide to Standing Committee A.


Unsuitable Meeting Conduct

The Chair issued Councillor Bates with a caution that if his behaviour were to continue a warning would be issued. In response to Cr Bates’ continued behaviour, the Chair issued Cr Bates with a formal warning advising it was the last time the behaviour would be tolerated.

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In response to Cr Bates’ continued behaviour the Chair issued Cr Bates with a formal order reprimanding him for his behaviour and advised if the behaviour were to continue he would be required to leave the meeting room.

4. AUSTRALIA DAY CELEBRATIONS

Cr Richardson acknowledged the success of the Australia Day celebrations and thanked staff for their efforts. Unsuitable Meeting Conduct Cr Bates again attempted to pursue General Business Item 3. The Chair advised Cr Bates the matter was closed and warned him to cease his behaviour or he would be required to leave the meeting room. In response to Cr Bates’ continued behaviour the Chair issued a formal order requiring the Chief Executive Officer (CEO) to remove Cr Bates from the meeting room. Cr Bates left the meeting 10:34 a.m. The meeting was adjourned and will recommence at 3:00 p.m. The meeting reconvened at 3:00 p.m.

1. PREJUDICIAL MATTER - TOURISM TROPICAL NORTH

QUEENSLAND RESOURCE AND PERFORMANCE AGREEMENT -

OUTCOMES AND ACQUITTAL FOR 2018/2019

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



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

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carried unanimously with Cr Manning not participating in the vote

4. PREJUDICIAL MATTER – LOCAL COMMUNITY EVENT GRANTS 2020

– APPLICATION ROUND 14 –SURF LIFE SAVING QUEENSLAND

NORTH QUEENSLAND BRANCH

SCHILLING / COOPER 1. Cr Olds is able to participate in the discussion and vote on this matter.

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

a. Cr Olds 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 Olds 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 Olds in this matter is not considered to be significant enough to warrant a decision requiring Cr Olds to leave the meeting and not participate in the decision.

carried unanimously with Cr Manning and Cr Olds not participating in the vote

MOLLER / O’HALLORAN 1. Cr Manning is able to participate in the discussion and vote on this matter.



b. Councillors present and able to vote on this matter are satisfied that, based

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on the above disclosure and representations made, Cr Manning has a perceived conflict of interest in the matter; and


carried unanimously with Cr Manning and Cr Olds not participating in the vote

CLOSED SESSION

COOPER / O’HALLORAN

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



OUTCOMES AND ACQUITTAL FOR 2018/2019 ................................. 4


2. CONTRACTUAL MATTER – SOLE SUPPLIERS ................................ 37

Neil Singleton | 63/14/4 | #6279815

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 51

Steve Crampton | 63/8/31-01 | #6270938

4. PREJUDICIAL MATTER – LOCAL COMMUNITY EVENT GRANTS

2020 – APPLICATION ROUND 14 .................................................... 68


5. CONTRACTUAL MATTER – INFRASTRUCTURE AGREEMENT AND

PROJECT LAUNCH APPROVAL – JOHANNA ROAD DEVELOPMENT

– NAVIGATION DRIVE AND DRAINAGE WORKS - DIVISION 9 ....... 94


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PROJECT LAUNCH APPROVAL – REDLYNCH VISTA DEVELOPMENT

– JUNGARA ROAD REDLYNCH INTAKE ROAD INTERSECTION

WORKS - DIVISION 6 ..................................................................... 102


7. CONTRACTUAL MATTER – CONTRACT 2719 – PROVISION OF CCTV

AND VIDEO MANAGEMENT SOFTWARE SERVICES ..................... 110

David McAuley | 50/3/24-01 | #6245137

8. CONTRACTUAL MATTER - REEF EYE – END OF SEASON REPORT

....................................................................................................... 124

K Richardson | 52/8/1 | #6248346v2

9. PREJUDICIAL MATTER - REGIONAL ARTS DEVELOPMENT FUND

(RADF) 2019/20 – OUTCOME OF MAJOR ROUND ONE ................. 129

Fleur McMenamin | 79/6/4-01 | #6260307

carried unanimously

OUT OF CLOSED SESSION

COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION

MOLLER / OLDS

carried unanimously

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.



OUTCOMES AND ACQUITTAL FOR 2018/2019 ................................. 4


MOLLER / OLDS That Council notes this report, which outlines the activities and performance of Tourism Tropical North Queensland (TTNQ) for 2018/2019 having regard to the reporting provided by TTNQ pursuant to its 2017-2020 Resource and Performance Agreement with Council.

carried unanimously

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2. CONTRACTUAL MATTER – SOLE SUPPLIERS ................................ 37

Neil Singleton | 63/14/4 | #6279815

SCHILLING / 0’HALLORAN That Council: 1. Notes this report on Sole Supplier expenditure for the period 1 July 2019 to 31

December 2019. 2. Resolves in accordance with section 235(a) of the Local Government

Regulation 2012 that it is satisfied that the nominated suppliers listed in Attachment 1 are Sole Suppliers and that they remain on the Sole Supplier Register for the 2019/20 financial year.

carried unanimously

3. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 51

Steve Crampton | 63/8/31-01 | #6270938

JAMES / ZEIGER That Council notes the status of the outstanding debt owed to Council as at 31 January 2020.

carried unanimously

4. PREJUDICIAL MATTER – LOCAL COMMUNITY EVENT GRANTS

2020 – APPLICATION ROUND 14 .................................................... 68


O’HALLORAN / OLDS A. That Council:

1. Approves establishing a funding agreement with Cairns Indonesian Australia Association Inc. for the Indonesian Festival to the value of $7,000; and


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

carried unanimously

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RICHARDSON / OLDS B. That Council:

1. Approves establishing a funding agreement with Marlin Coast Neighbourhood Centre for the Marlin Coast Neighbourhood Centre Community Fun Day to the value of $2,000; and



carried unanimously

SCHILLING / JAMES C. That Council:

1. Approves establishing a funding agreement with German Austrian Swiss Association FNQ for Oktoberfest to the value of $4,000; and



carried with Councillors Cooper and Zeiger voting against the motion

COOPER / OLDS D. That Council:

1. Approves establishing a funding agreement with Bats and Trees Society of Cairns for the Bats and Trees Festival 2020 to the value of $4,000; and



carried unanimously

ZEIGER / MOLLER E. That Council:

1. Approves establishing a funding agreement with Committee for Waste Reduction for the Tropical Steampunk Upcycled Workshops to the value of $6,500; and

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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 agreement.

carried unanimously

F. Cairns Golf Club - 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 Standing Committee A under section 257(1)(c) of the Local Government Act 2009.

MOLLER / RICHARDSON G. That Council:

1. Approves establishing a funding agreement with Surf Life Saving Queensland North Queensland Branch for the Surf Life Saving 70th Anniversary Exhibition to the value of $2,800; and



carried unanimously

OLDS / O’HALLORAN H. That Council:

1. Approves establishing a funding agreement with FNQ Taiwanese Friendship Association for the Taiwanese Festival 2020 to the value of $5,500; and



carried unanimously

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PROJECT LAUNCH APPROVAL – JOHANNA ROAD DEVELOPMENT

– NAVIGATION DRIVE AND DRAINAGE WORKS - DIVISION 9 ....... 94




PROJECT LAUNCH APPROVAL – REDLYNCH VISTA DEVELOPMENT

– JUNGARA ROAD REDLYNCH INTAKE ROAD INTERSECTION

WORKS - DIVISION 6 ..................................................................... 102



7. CONTRACTUAL MATTER – CONTRACT 2719 – PROVISION OF CCTV

AND VIDEO MANAGEMENT SOFTWARE SERVICES ..................... 110

David McAuley | 50/3/24-01 | #6245137

OLDS / SCHILLING That Council: 1. Approves Contract 2719 – Provision of CCTV and Video Management

Software Services to ECS Services Pty Ltd for Separable Portion 1 and ECS Services Pty Ltd for Separable Portion 2, commencing 24 March 2020 for a period of three years with two further extension options of up to 12 months each at Council’s sole discretion; and

2. Approves the Project Launch Approval for project PV19162-01 with a Project

Launch Budget (PLB) of $1,118,550 and an Approved End Date (AED) of 30 June 2020; and


Local Government Act 2009 to enter into contract, negotiate, finalise and execute any and all matters associated with or in relation to this contract subject to Council’s normal procurement policies and practices.

carried unanimously

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8. CONTRACTUAL MATTER - REEF EYE – END OF SEASON REPORT

....................................................................................................... 124

K Richardson | 52/8/1 | #6248346v2

JAMES / ZEIGER That Council: 1. Notes the performance of the Reef Eye Ferris Wheel during its three month

placement at the Cairns Esplanade; 2. Endorses a further hire agreement with Westshell Pty Ltd for the return of the

Reef Eye Ferris Wheel commencing in June 2020 on a date to be determined until the end of January 2021; and


Local Government Act 2009 to negotiate and finalise any and all matters relating to any future arrangement or hire agreement.

carried unanimously

9. PREJUDICIAL MATTER - REGIONAL ARTS DEVELOPMENT FUND

(RADF) 2019/20 – OUTCOME OF MAJOR ROUND ONE ................. 129

Fleur McMenamin | 79/6/4-01 | #6260307

COOPER / SCHILLING That Council receives and notes the outcome of the Regional Arts Development Fund (RADF) Round One 2019-20 Assessment process.

carried unanimously

THE MEETING CLOSED AT 3:32 AM

CONFIRMED THIS 26th DAY OF February 2020

……………………………………. MAYOR

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

new agenda template - city of cairns · 2020. 2. 27. · 6 minutes – ordinary meeting 12 february...

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