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Minutes – Ordinary Meeting 11 May 2016 - #5095654
CAIRNS REGIONAL COUNCIL
ORDINARY MEETING
11 MAY 2016
9:05 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:
P Tabulo Chief Executive Officer B Gardiner General Manager Infrastructure Services C Posgate General Manager Human Resources and Organisational
Change K Reaston General Manager Planning & Environment L Kirchner General Manager Community, Sport & Cultural Services J Andrejic Chief Financial Officer R Holmes Manager Marketing &Communications L Guy Media Coordinator N Quinn Executive Manager Mayor’s Office P Boyd Manager Strategic Planning and Approvals G Boyd Manager Regulatory Services B Spencer Manager Parks & Leisure S Foster Manager Cultural Services S Porter Manager Infrastructure S Godkin Minute Secretary
Minutes – Ordinary Meeting 11 May 2016 - #5095654
TABLE OF CONTENTS
APOLOGY ....................................................................................................................... 5 CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 5 PURPOSE OF MEETING ................................................................................................ 5
CONFIRMATION OF MINUTES OF ORDINARY MEETING 27/4/16 ............................. 6
AGENDA ITEMS AS LISTED
1. DELEGATION TO CHIEF EXECUTIVE OFFICER FOR ACQUISITIONS OF LAND ................................................................................................................ 6
C Dean | 19/3/3-133 | #5007542
2. PETITION – RELOCATE DISABLED BAYS 77 LAKE STREET CAIRNS CITY ........................................................................................................................ 7
O. Bengochea | 23/21/1-27 | #5050067
3. PROPOSED COMMUNITY GARDEN OVER PART OF MOODY CREEK PARK-MANOORA .................................................................................................. 9
Luke Jackson | 10/23/39 | #5065132
4. CANCER COUNCIL QUEENSLAND SUPPORT FOR THE HIRE OF BARLOW PARK ..................................................................................................... 9
Martin Bayliss | 19/9/25-04 | #5004021
5. PROJECT LAUNCH APPROVAL FOR MANN STREET CYCLEWAY ................. 9 Joan Crawford| 81/12/2 | #5089110
6. KEITH EDWICK PARK IMPROVEMENT PLAN- MACHANS BEACH ................ 10 Luke Jackson | 73/2/7 | #4984892
7. YORKEYS KNOB FORESHORE IMPROVEMENT PLAN AND VEGETATION MANAGEMENT PLAN ................................................................. 10
Luke Jackson | 73/2/6 | #4984513
8. TROPICAL NORTH QUEENSLAND REGIONAL MOUNTAIN BIKE STRATEGY........................................................................................................... 11
Joan Crawford | 8/23/9 |#4979968
9. FAR NORTH QUEENSLAND PRINCIPAL CYCLE NETWORK PLAN ............... 11 Chelsea Corcoran | 23/3/1-02 | #4981476
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10. ROAD SAFETY, TRAFFIC & TRANSPORT ADVISORY COMMITTEE (RSTTAC) MINUTES ............................................................................................ 12
M Ringer | 1/3/21 | #5045830
11. CITY CENTRE ALIVE – SHIELDS STREET HEART STEERING COMMITTEE MEETING MINUTES ...................................................................... 12
Sam Cottrell | 1/3/21 | #5088295
12. CAIRNS WATER SECURITY STRATEGY (CWSS) – PROGRESS REPORT ............................................................................................................... 12
S. Porter | 24/1/142-01 | #4758363V9
13. ANNUAL REPORT ADDITIONAL DISCLOSURES AND ELECTED MEMBER TRAVEL – AS AT 25 MARCH 2016 .................................................... 12
Tamas Maffey-Stumpe | 17/49/9-06 | #5071778
14. INVESTMENT HOLDINGS AS AT 25 MARCH 2016 ........................................... 13 J Richardson | 17/25/2- 11 | #5087948
15. NORTH QUEENSLAND SPORTS FOUNDATION BOARD MEETING MINUTES AND ACTIONS .................................................................................... 13
Jess Trolvi | 10/2/1-36 | #5058356
16. AMENDMENTS TO RECONCILIATION ACTION PLAN 2016 - 2020 ................. 13 Ian Chill| 1/60/3 | #5047862
17. COMMITTEE STRUCTURE .................................................................................. 14 A Agius | 1/35/6-01 | #5060776
18. COUNCILLOR APPOINTMENTS TO EXTERNAL BOARDS/BODIES ............... 16 A Agius | 1/35/6-01 | #5061045
19. COUNCILLOR APPOINTMENT TO AUDIT COMMITTEE AND INDEPENDENT RATE RELIEF TRIBUNAL ......................................................... 17
A Agius | 1/35/6-01 | #5060891
GENERAL BUSINESS
1. GORDONVALE HIGHWAY ROAD CROSSING ................................................... 18 2. WILCOX CLOSE, MANOORA .............................................................................. 18 3. COUNCIL STAFF ................................................................................................. 18
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CLOSED SESSION
1. PREJUDICIAL MATTER – ENDORSEMENT OF INFRASTRUCTURE AGREEMENT – THE VILLAGE EDGE – CENTENARY CLOSE, MANOORA ...................................................................... 20
Sean Lisle | 8/7/3305 | #5090734
2. PREJUDICIAL MATTER – POTENTIAL ACQUISITION OF LAND FOR COMMUNITY PURPOSES – REDLYNCH ................................................... 21
Sharon Morgan | 19/28/287-01 | #4468706v4
3. LEGAL MATTER – SUPREME COURT CLAIM NO. 34/2014 ............................. 21 Bruce Gardiner | 1/3/21-20 | #5044776
4. CONTRACTUAL MATTER – SOLE SUPPLIERS – QUARTERLY REPORT ............................................................................................................... 22
Julia Deleyev | 17/25/1-01 | #5088344
5. BUDGETARY MATTER - CAIRNS HISTORICAL SOCIETY AND MUSEUM (CHSM) AMENDMENT TO FOUR YEAR RESOURCE AND FUNDING AGREEMENT ...................................................................................... 22
Lesley Buckley 10/25/8/01: | #5068733
6. BUDGETARY MATTER - FUNDING PROPOSAL FOR COMMUNITY CAPACITY BUILDING ......................................................................................... 22
Linda Kirchner | 79/4/1 | #5084420
7. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 23 Steve Crampton | 17/25/2-11 | #5061487
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CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST Cr Moller declared a potential material personal interest in Clause 1 Closed Session, Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge Centenary Close, Manoora, due to a possible future family dealing with the applicant, left the meeting, taking no part in the debate or decision of the meeting. Cr James declared that the Unity Team, comprising Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson and himself had a perceived conflict of interest in relation to Clause 1 Closed Session, Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge Centenary Close, Manoora, due to the applicant donating to the Unity Team. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained. Cr Bates declared that a perceived conflict of interest in the following items could exist (as per Section 173 of the Local Government Act 2009),
Item 5 – Project Launch Approval for Main Street Cycleway Item 8 – Tropical North Queensland Regional Mountain Bike Strategy Item 9 – Far North Queensland Principal Cycle Network Plan
due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting. Cr Cooper declared that a perceived conflict of interest in Clause 1 Closed Session, Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge Centenary Close, Manoora, could exist (as per Section 173 of the Local Government Act 2009), due to the applicant contributing to her election campaign, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. She did not leave the meeting. As per Mr John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in Clause No. 14 Investment Holdings, due to his membership of the ECU Board, but he has considered his position and is firmly of the opinion he can participate in debate on this matter in the public interest. PURPOSE OF MEETING To consider the matters listed on the agenda. The Mayor welcomed Cr Fujisaki from Japan to the Council meeting
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CONFIRMATION OF MINUTES OF ORDINARY MEETING 27/4/16 SHILLING/ O’HALLORAN That the Minutes of the Ordinary Meeting held on Wednesday, 27 April 2016 be confirmed. carried
1. DELEGATION TO CHIEF EXECUTIVE OFFICER FOR ACQUISITIONS OF LAND ............................................................................................. 4
C Dean | 19/3/3-133 | #5007542 SCHILLING / MOLLER That Council: 1. Resolves to adopt the following delegation to apply to future acquisitions of
land. 2. Delegates authority to the Chief Executive Officer in consultation with the
Mayor and Divisional Councillor pursuant to the Local Government Act 2009 to: a. make applications under the Land Act 1994 for community purpose
areas (including applications to purchase, road actions and easements);
b. acquire land for any purpose set out in schedule 1 of the Acquisition of Land Act 1967, including easements, by private agreement or by resumption agreement;
c. undertake compulsory acquisition (resumption) of land, including easements, in accordance with the provisions of the Acquisition of Land Act 1967 for any purpose set out in schedule 1 of that Act;
d. undertake compulsory acquisition (resumption) of native and non-native title rights and interests in accordance with the provisions of the Acquisition of Land Act 1967;
e. enter into an Indigenous Land Use Agreement (ILUA) or lodge a non-claimant application in accordance with the provisions of the Native Title Act 1993 (Cwth) to address native title rights and interests for an acquisition;
f. sign and serve notices of intention to resume on Council’s behalf; g. conduct objection hearings convened pursuant to sections 7 and 8 of
the Acquisition of Land Act 1967;
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h. if no objections are received to notices of intention to resume, make application to the relevant Minister (currently the Minister for Natural Resources and Mines) for the taking of: o land or easements pursuant to section 9 of the Acquisition of Land
Act 1967; and o native and non-native title rights and interests (including resource
interests) pursuant to section 4A of the Acquisition of Land Act 1967;
i. negotiate and finalise all matters associated with Council’s applications and acquisitions, including but not limited to: o finalising offer requirements received under the Land Act 1994; o settling negotiations; o entering into resumption agreements and deeds of access and
indemnity; o finalising associated documentation, including executing
easements, survey plans, contracts of sale and forms 1 transfer; and
o determining appropriate compensation; with a report to Council every six (6) months identifying when the delegation has been used.
carried
2. PETITION – RELOCATE DISABLED BAYS 77 LAKE STREET CAIRNS CITY ................................................................................................... 9
O. Bengochea | 23/21/1-27 | #5050067 BATES / O’HALLORAN That Council advise the lead petitioner that considering the current even distribution of disabled bays in the area it is recommended that no changes occur to the two disabled bays in front of 77 Lake Street. Executive Attachment A – Locality Plan
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carried
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3. PROPOSED COMMUNITY GARDEN OVER PART OF MOODY CREEK PARK-MANOORA ............................................................................. 15
Luke Jackson | 10/23/39 | #5065132 JAMES / ZEIGER That Council offers a management agreement over part of Lot 219 on SP167731 known as ‘Moody Creek Park’ to the Manoora Community Garden (The Power of the Pallets Inc. IA41285) for a period of three years. carried
4. CANCER COUNCIL QUEENSLAND SUPPORT FOR THE HIRE OF BARLOW PARK ................................................................................ 30
Martin Bayliss | 19/9/25-04 | #5004021 O’HALLORAN / OLDS That Council renews the Resource and Performance Agreement for a term of three (3) years commencing from 1 July 2016 to the Cancer Council Queensland for ‘In-Kind’ venue hire and associated costs of Barlow Park up to a value of $24,652.60 (including GST) per annum, but subject to adopted fees and charges. carried
5. PROJECT LAUNCH APPROVAL FOR MANN STREET CYCLEWAY . 35 Joan Crawford| 81/12/2 | #5089110 Cr Bates declared that a perceived conflict of interest could exist in the following item (as per Section 173 of the Local Government Act 2009), due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting. BATES / SCHILLING That Council: 1. Approves the construction of Mann Street Cycleway project with a Project
Launch Budget of $1,351,637 and approves the end date of 30 September 2016; and
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2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to:
a. Approve expenditure up to the value of the Project Launch Budget of $1,351,637
b. enter into contracts, negotiate and finalise any and all matters relating to
this project (subject to the project remaining at all times within scope, budget and program and subject to normal procurement practices and policies).
carried
6. KEITH EDWICK PARK IMPROVEMENT PLAN- MACHANS BEACH . 40 Luke Jackson | 73/2/7 | #4984892 RICHARDSON / OLDS That Council endorses the Keith Edwick Park Improvement Plan. carried
7. YORKEYS KNOB FORESHORE IMPROVEMENT PLAN AND VEGETATION MANAGEMENT PLAN................................................ 53
Luke Jackson | 73/2/6 | #4984513 RICHARDSON / OLDS That Council endorses the Yorkeys Knob Foreshore Improvement Plan and Vegetation Management Plan. The project to be completed over the current 4 year term of Council. carried
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8. TROPICAL NORTH QUEENSLAND REGIONAL MOUNTAIN BIKE STRATEGY ....................................................................................... 73
Joan Crawford | 8/23/9 |#4979968 Cr Bates declared that a perceived conflict of interest could exist in the following item (as per Section 173 of the Local Government Act 2009), due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting. O’HALLORAN / MOLLER That Council: 1. Endorses the Draft Tropical North Queensland Regional Mountain Bike
Strategy; 2. Identifies and prioritises future trail development for which Council is
responsible for consideration in future capital programs; and 3. Commences discussions with the State Government and Douglas Shire
Council about the potential for a feasibility study of the Wangetti Trail which was identified as a major priority in the Strategy.
carried
9. FAR NORTH QUEENSLAND PRINCIPAL CYCLE NETWORK PLAN . 86 Chelsea Corcoran | 23/3/1-02 | #4981476 Cr Bates declared that a perceived conflict of interest could exist in the following item (as per Section 173 of the Local Government Act 2009), due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting. OLDS / COOPER That Council notes the updated Far North Queensland Principal Cycle Network Plan prepared by the State Government through the Department of Transport and Main Roads. carried
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10. ROAD SAFETY, TRAFFIC & TRANSPORT ADVISORY COMMITTEE (RSTTAC) MINUTES ......................................................................... 94
M Ringer | 1/3/21 | #5045830 MOLLER / SCHILLING That Council notes the minutes of the Road Safety Traffic and Transport Advisory Committee (RSTTAC) of 14 March 2016. carried
11. CITY CENTRE ALIVE – SHIELDS STREET HEART STEERING COMMITTEE MEETING MINUTES .................................................. 101
Sam Cottrell | 1/3/21 | #5088295 BATES / JAMES That Council notes the minutes of the City Centre Alive Steering Committee meeting of 26 April 2016. carried
12. CAIRNS WATER SECURITY STRATEGY (CWSS) – PROGRESS REPORT .......................................................................................... 106
S. Porter | 24/1/142-01 | #4758363V9 BATES / SCHILLING That Council notes the progress of the Cairns Water Security Strategy (CWSS) implementation for the period to date. carried
13. ANNUAL REPORT ADDITIONAL DISCLOSURES AND ELECTED MEMBER TRAVEL – AS AT 25 MARCH 2016 ................................. 112
Tamas Maffey-Stumpe | 17/49/9-06 | #5071778 COOPER / O’HALLORAN That Council notes the Annual Report Additional Disclosures and Elected Member Travel for the period 1 July 2015 to 25 March 2016. carried
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14. INVESTMENT HOLDINGS AS AT 25 MARCH 2016 ....................... 118 J Richardson | 17/25/2- 11 | #5087948 As per Mr John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in the following clause, due to his membership of the ECU Board, but he has considered his position and is firmly of the opinion he can participate in debate on this matter in the public interest.. COOPER / RICHARDSON That Council notes the performance of invested funds with various financial institutions as at 25 March 2016. carried
15. NORTH QUEENSLAND SPORTS FOUNDATION BOARD MEETING MINUTES AND ACTIONS ............................................................... 123
Jess Trolvi | 10/2/1-36 | #5058356 RICHARDSON / OLDS That Council notes the meeting minutes and actions arising from the North Queensland Sports Foundation meeting/s including: a. Board Meeting of 11 December 2015 b. Forum Meeting of 11 December 2015 c. Board Meeting of 26 February 2016 carried
16. AMENDMENTS TO RECONCILIATION ACTION PLAN 2016 - 2020 ....................................................................................................... 139
Ian Chill| 1/60/3 | #5047862 O’HALLORAN / SCHILLING That Council notes and endorses amendments to the Reconciliation Action Plan (RAP) 2016 – 2020. carried
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17. COMMITTEE STRUCTURE ............................................................. 164 A Agius | 1/35/6-01 | #5060776 JAMES / ZEIGER That Council 1. In accordance with the provisions of Section 264 of the Local Government
Regulation 2012 and until determined otherwise, Council adopts the following Standing Committees: • Planning and Environment Committee • Cultural Services Committee • Sport and Community Services Committee • Governance Committee • Infrastructure Services Committee • Water and Waste Committee
and delegates power to such Committees under the provisions of Section 257 of the Local Government Act 2009 (with the exception of the Planning & Environment Committee) to make recommendations.
2. Reconfirms the existence of the following Special Purpose Committees: • The Precinct Steering Committee • City Centre Alive Shield Street Heart Steering Committee • School of Arts Steering Committee
and delegates to such Special Purpose Committees under the provisions of the Local Government Act 2009 the power to: • make decisions subject to such decisions keeping the project within
scope, budget and program and subject to normal procurement practices and policies, and
• otherwise to make recommendations to the full Council. 3. Appoints chairs and members of each Committee and Special Purpose
Steering Committees in accordance with Schedule 1 (below). 4. Copies of agenda papers and reports and minutes of Standing and Special
Purpose Committee meetings shall be distributed to all Councillors in accordance with normal practice.
5. Adopt the schedule of meetings for Standing Committees for the period of
June to December 2016 to the full Council. 6. Notify the public accordingly of the meeting dates and venue.
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Schedule 1 Proposed Committee Membership and Structure 2016-2020
Governance Infrastructure Services
Planning & Environment
Cultural Services
Sports & Community Services
Water & Waste
Manning Ex-Officio Ex-Officio Member Ex-Officio Ex-Officio Ex-Officio James Member Chair Cooper Member Member Chair Schilling Member Chair Member O’Halloran Member Member Member Bates Member Member Chair Moller Chair Member Member Member Zeiger Member Member Member Chair Richardson Member Member Member Member Olds Member Member Member Total 5 5 10 5 5 5
The Precinct Steering Committee
City Centre Alive Shields Street Heart Steering Committee
School of Arts Steering Committee
Cr Schilling (Chair) Cr James (Chair) Cr James (Chair) Cr James Cr Schilling Cr Schilling Cr Cooper Cr Bates Cr Cooper Cr Manning (Ex-Officio) Cr Manning (Ex-Officio) Cr Manning (Ex-Officio)
carried
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18. COUNCILLOR APPOINTMENTS TO EXTERNAL BOARDS/BODIES 169 A Agius | 1/35/6-01 | #5061045 O’HALLORAN / OLDS That Council determines its representation on the External Bodies listed in this report and shall be in accordance with Schedule 1 of the report. SCHEDULE 1
Councillor Representative (by position)
Nominated
Advance Cairns Mayor Mayor Bob Manning
Cairns Local Marine Advisory Committee
One (1) Councillor Cr Olds
Cairns Regional Gallery Board
Mayor and two (2) Councillors
Mayor Bob Manning Cr Cooper Cr Moller
Cairns Regional Gallery Finance Committee
Two (2) Councillors Cr Cooper Cr Moller
Cairns River Improvement Trust
Two (2) Councillors (Div 1 Cr + Div 2 Cr)
Cr Schilling Cr Moller
Cairns Townsville Mackay Water Alliance
One (1) Councillor Cr Bates
Community Supporting Police Committee
One (1) Councillor Cr Richardson
District Disaster Management Group
Two (2) Councillors Cr James Cr Schilling
District Disaster Recovery Committee
Mayor and two (2) Councillors
Mayor Bob Manning Cr James Cr Schilling
FNQ Organisation of Councils Board (FNQROC) (only have one (1) Councillor attend. Cr James as alternate)
Mayor and one (1) Councillor
Mayor Bob Manning (Cr James – alternate)
FNQ Regional Road Group One (1) Councillor Officer nominee (CEO to appoint)
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Councillor Representative (by position)
Nominated
Local Authority Waste Management Advisory Committee
One (1) Councillor Cr Bates
North Queensland Games Foundation
One (1) Councillor Cr Richardson
Road Safety, Traffic & Transport Advisory Committee
Two (2) Councillors Cr Bates Cr Olds
carried
19. COUNCILLOR APPOINTMENT TO AUDIT COMMITTEE AND INDEPENDENT RATE RELIEF TRIBUNAL ..................................... 172
A Agius | 1/35/6-01 | #5060891 RICHARDSON / SCHILLING That Council 1. Nominate the following Councillor representatives on Council’s Audit
Committee in accordance with the intent of the Audit Committee Charter:
1) Mayor 2) Chair of the Governance Committee 3) Cr Cooper - alternative
2. Councillor representatives appointed to the Independent Rate Relief Tribunal are Cr Cooper and Cr Richardson.
carried
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GENERAL BUSINESS
1. GORDONVALE HIGHWAY ROAD CROSSING MOLLER / SCHILLING That the Department of Transport and Main Roads be requested to provide an update on planning to address road safety issues involving pedestrian crossings on the Bruce Highway at and adjacent to Draper Road at Gordonvale. carried
2. WILCOX CLOSE, MANOORA JAMES / BATES That petition (#5086288) from residents of Wilcox Close Manoora, requesting action be taken to compel residents of premises in Wilcox Close to remove all abandoned cars, rubbish and general decries from the surrounding premises, be received and referred to officers for actioning. carried 3. COUNCIL STAFF MANNING / SCHILLING That this Council has full confidence in its staff and their professionalism and acknowledges their contribution to the success of this Council. carried CLOSED SESSION SCHILLING / O’HALLORAN COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:
1. PREJUDICIAL MATTER – ENDORSEMENT OF INFRASTRUCTURE AGREEMENT – THE VILLAGE EDGE – CENTENARY CLOSE, MANOORA .......................................................................................... 3
Sean Lisle | 8/7/3305 | #5090734
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2. PREJUDICIAL MATTER – POTENTIAL ACQUISITION OF LAND FOR COMMUNITY PURPOSES – REDLYNCH ............................................ 9
Sharon Morgan | 19/28/287-01 | #4468706v4
3. LEGAL MATTER – SUPREME COURT CLAIM NO. 34/2014 ............. 18 Bruce Gardiner | 1/3/21-20 | #5044776
4. CONTRACTUAL MATTER – SOLE SUPPLIERS – QUARTERLY REPORT ............................................................................................ 27
Julia Deleyev | 17/25/1-01 | #5088344
5. BUDGETARY MATTER - CAIRNS HISTORICAL SOCIETY AND MUSEUM (CHSM) AMENDMENT TO FOUR YEAR RESOURCE AND FUNDING AGREEMENT ................................................................... 37
Lesley Buckley 10/25/8/01: | #5068733
6. BUDGETARY MATTER - FUNDING PROPOSAL FOR COMMUNITY CAPACITY BUILDING ...................................................................... 68
Linda Kirchner | 79/4/1 | #5084420
7. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............... 70 Steve Crampton | 17/25/2-11 | #5061487 carried Cr Moller left the meeting 10:08 a.m. Cr Moller returned 10:09 am OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION BATES / O’HALLORAN carried
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RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION. Cr Moller left the meeting 10:46 a.m.
1. PREJUDICIAL MATTER – ENDORSEMENT OF INFRASTRUCTURE AGREEMENT – THE VILLAGE EDGE – CENTENARY CLOSE, MANOORA .......................................................................................... 3
Sean Lisle | 8/7/3305 | #5090734 Cr Moller declared a potential material personal interest in the following matter, due to a possible future family dealing with the applicant, he left the meeting, taking no part in the debate or decision of the meeting. Cr James declared that the Unity Team, comprising Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson and himself had a perceived conflict of interest in relation to the following matter, due to the applicant donating to the Unity Team. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained. Cr Moller left the meeting. Cr Cooper declared that a perceived conflict of interest in the following matter, could exist (as per Section 173 of the Local Government Act 2009), due to the applicant contributing to her election campaign, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. She did not leave the meeting. SCHILLING / O’HALLORAN That Council: 1. Approves the variation to Council’s Infrastructure Charges Incentive
Program completion date to 28 February 2018 for the development. 2. Enters into an Infrastructure Agreement between Cairns Regional Council
and Urban Properties Centenary Pty Ltd for the Village Edge Drainage Infrastructure.
carried Cr Moller returned 10:47 a.m.
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2. PREJUDICIAL MATTER – POTENTIAL ACQUISITION OF LAND FOR COMMUNITY PURPOSES – REDLYNCH ..................................... 9
Sharon Morgan | 19/28/287-01 | #4468706v4 COOPER / MOLLER That Council: 1. Proceeds to purchase part of lot 119 on C157213, lot 3 on RP703129, and lot
4 on SP100467 Redlynch Connector Road for community purposes utilising funds allocated in the 2016/2017 capital works budget;
2. Delegates authority to the Chief Executive Officer in consultation with the
Mayor and Divisional Councillor in accordance with the Local Government Act 2009 to negotiate and finalise all matters relevant to the formation, conditions and administration of any contract arising from the proposal to purchase including final contract price, settlement, and to negotiate and agree on any variations to conditions, including time and resolve disputes (whether by legal proceedings or otherwise) about the contract and all matters relating to interim tenure arrangements over the sites after settlement; and
3. Notes that a further report will be tabled at the Ordinary Meeting immediately
following settlement to report on the finalisation of the contract. carried
3. LEGAL MATTER – SUPREME COURT CLAIM NO. 34/2014 ............. 18 Bruce Gardiner | 1/3/21-20 | #5044776 SCHILLING / ZEIGER That Council delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate and finalise any and all matters in relation to these proceedings. carried
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4. CONTRACTUAL MATTER – SOLE SUPPLIERS – QUARTERLY REPORT ............................................................................................ 27
Julia Deleyev | 17/25/1-01 | #5088344 ZEIGER / RICHARDSON That Council: 1. Notes this quarterly report on sole supplier expenditure for the January to
March 2016 quarter. 2. Resolves in accordance with the Local Government Regulation 2012 that it is
satisfied the suppliers listed in Attachment 1 are sole suppliers and that they be added to the Sole Supplier Register for the 2015/2016 year.
carried
5. BUDGETARY MATTER - CAIRNS HISTORICAL SOCIETY AND MUSEUM (CHSM) AMENDMENT TO FOUR YEAR RESOURCE AND FUNDING AGREEMENT ................................................................... 37
Lesley Buckley 10/25/8/01: | #5068733 RICHARDSON / BATES Item deferred for further discussion. carried Cr Olds left the meeting 10:41 a.m. Cr Olds returned 10:42 a.m.
6. BUDGETARY MATTER - FUNDING PROPOSAL FOR COMMUNITY CAPACITY BUILDING ...................................................................... 68
Linda Kirchner | 79/4/1 | #5084420 ZEIGER / SCHILLING That Council provides in principle support for community capacity building program subject to matching State and Federal funding. Subject to Council in consultation with the Sports and Community Services Chair Cr Zeiger and the Chief Executive Officer being satisfied of the real and tangible outcomes of the program and the manner in which those outcomes will be measured. carried
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7. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............... 70 Steve Crampton | 17/25/2-11 | #5061487 JAMES / COOPER
That Council notes the status of the outstanding debt owed to Council as at 29 April 2016. carried THE MEETING CLOSED AT 10:51 AM CONFIRMED THIS 25th DAY OF MAY 2016 ……………………………………. MAYOR
…………………………………… CHIEF EXECUTIVE OFFICER