cairns regional council ordinary meeting · properties, who are a party to the legal matter that...

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Minutes – Ordinary Meeting 14 August 2019 - #6153243

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

14 AUGUST 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 (by phone) Cr M O’Halloran Cr J Richardson (by phone) Cr J Schilling Cr C Zeiger (by phone) 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 T Veronese A/General Manager Water & Waste L Kirchner General Manager Community, Sport & Cultural Services J Ritchie A/Chief Financial Officer N Masasso Executive Project Officer R Holmes Manager Marketing &Communications P Rogato Media Coordinator A Turnbull Executive Manager Mayor’s Office B Spencer Manager Community Development S Foster Manager Cultural Services S Cosatto Manager Waste S Godkin Minute Secretary

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TABLE OF CONTENTS

CONFLICT OF INTEREST / MATERIAL PERSONAL INTEREST ................................. 5 PURPOSE OF MEETING ................................................................................................ 7

CONFIRMATION OF MINUTES OF ORDINARY MEETING 24/7/19 ............................. 7

AGENDA ITEMS AS LISTED

1. MEMORANDUM OF UNDERSTANDING BETWEEN CAIRNS REGIONAL COUNCIL AND JAMES COOK UNIVERSITY .................................... 8

Belinda Hutchinson | 1/8/4 | #6017723

2. FNQ & NQ MONSOON TROUGH – CATEGORY C FLEXIBLE FUNDING GRANTS PROGRAM ............................................................................................. 8

Nick Masasso | 1/3/37 | #6141289

3. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 26 JULY 2019 ............... 9 J Piercy | 17/49/9-07 | #6132004

4. INVESTMENT HOLDINGS AS AT 30 JUNE 2019 ................................................. 9 K Robertson | 17/49/9-06 | #6147795

5. MINUTES AUDIT COMMITTEE MEETING – 29 JULY 2019 ................................ 9 Christine Posgate | 65/4/1-02 | #6143692

6. CAIRNS PERFORMING ARTS CENTRE CONSTRUCTION STEERING COMMITTEE (CPACCSC) MEETING MINUTES – 17 JULY 2019 ....................................................................................................... 10

Sam Cottrell | 1/3/21 | #6142421

7. PROJECT LAUNCH APPROVAL FOR PMP9550 RAINTREES BUS STOP .................................................................................................................... 10

Martin Perkowicz | 30/8/1-01 | #6141364

8. PROPOSAL TO RENAME TENNIS CLUB PARK, FRESHWATER TO RICHMOND PARK - DIVISION 6 ......................................................................... 10

Luke Jackson | 73/2/16 | #6130792

9. COMMONWEALTH GAMES INTERPRETIVE SIGNAGE PROGRAM ................ 11 C. Stannard | 79/5/7-01 | #6113526

10. CPAC OPEN DAY ................................................................................................ 11 Roz Pappalardo | 79/5/19-01 | #6127352

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11. REGISTER OF PREQUALIFIED SUPPLIERS (ROPS) 2705 SUPPLY OF PVC PIPES AND WATER FITTINGS ................................................................... 11

Caroline Doyle-Wiaczek | 63/1/213* | #6143688

GENERAL BUSINESS

1. OPTIONS FOR SEWERAGE REFLUX VALVE SUBSIDY................................. 12

2. NULLINGA DAM ................................................................................................ 12

CLOSED SESSION

1. PREJUDICIAL MATTER - RESUMPTION OF LAND FOR DRAINAGE PURPOSES – DIVISION 8 ............................................................... 16

C Dean | 55/1/3- | #6134649

2. LEGAL MATTER - CAIRNS REGIONAL COUNCIL ATS URBAN PROPERTIES CENTENARY PTY LTD SUPREME COURT NO. 117/19 - MATTER: 181050 - 10-12 CENTENARY CLOSE, MANOORA – DIVISION 7 ..... 16

K Reaston | 8/7/3305 | #6136693

3. PREJUDICIAL MATTER - PROPOSED ACQUISITION, LOT 32 ON RP729469, 12 LESLEY STREET, SMITHFIELD KNOWN AS OLD SMITHFIELD FIRE STATION - DIVISION 8 ......................................................... 17

Sharon Morgan | 55/2/3- | #6137987 v2

4. BUDGETARY MATTER – LOCAL COMMUNITY EVENT GRANT APPLICATION ...................................................................................................... 17

Nicole Griffiths | 52/1/8 | #6139080

5. CONTRACTUAL MATTER – SYDNEY FC PRE SEASON TRIAL GAME ........... 17 Jess Hancock | 52/1/9 | # 6145481

6. PREJUDICIAL MATTER – TENANCY UPDATE AND PROPOSED TRUSTEE LEASE OFFER FOR THE SCHOOL OF ARTS, PART OF L22 C198406, 93-105 LAKE STREET, CAIRNS – DIVISION 5 ........................... 18

Sharon Morgan | 19/28/320-01 | #6145602

7. PREJUDICIAL MATTER - INFRASTRUCTURE AUSTRALIA INFRASTRUCTURE PRIORITY LIST – CAIRNS REGION WATER SECURITY ............................................................................................................ 18

Nick Masasso | 1/3/37 | #6141567

8. CONTRACTUAL MATTER - CAIRNS COURTHOUSE REFURBISHMENT PROJECT UPDATE PC17036-01 ........................................ 19

Bruce Gardiner | 1/3/21 | #6145330

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9. CONTRACTUAL MATTER – CONTRACT 2703 – PROVISION OF INTERNAL AUDIT SERVICES ............................................................................. 19

Julia Deleyev | 63/1/211* | #6131322

10. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ............................... 20 Steve Crampton | 17/25/2-13 | #6134948

11. CONTRACTUAL MATTER – VENUE HIRE PROPOSAL – CAIRNS ESPLANADE ........................................................................................................ 20

Tim Dendle | 52/8/4-01 | #6141768

12. CONTRACTUAL MATTER – POST EVENT REPORT, 2019 GREAT BARRIER REEF MASTERS GAMES ................................................................... 20

Christine Posgate | 51/2/2-01 | #6096270

13. CONTRACTUAL MATTER - CONTRACT 75563 – DESIGN AND CONSTRUCTION OF A NEW MATERIAL RECOVERY FACILITY ............ 21

S Cosatto | 63/5/11 | #6081064

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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 himself have a conflict of interest (as defined by section 175D of the Local Government Act 2009) in the following items:

a) Item 1 Open session – Memorandum of Understanding Between Cairns

Regional Council and James Cook University due to a donation to the Unity Team from Cam Charlton the amount of $1500 on 03/04/2012. Campbell Charlton is the Deputy Chancellor of James Cook University, who are the subject of the MOU that this report relates to.

b) Item 2 Closed session – Legal Matter – Cairns Regional Council ats Urban

Properties Centenary Pty Ltd Supreme Court No. 117/19 – Matter: 181050 – 10-12 Centenary Close, Manoora – Division 7 due to a donation to the Unity Team from U.P. Admin the amount of $10,000 on 03/03/2016 and from MacDonnells Law the amount of $2000 on 20/04/2012. U.P. Admin are Urban Properties, who are a party to the legal matter that this report relates to. MacDonnells Law are legal advisors involved with the matter.

c) Item 6 Closed session – Prejudicial Matter – Tenancy Update and Proposed

Trustee Lease Offer for the School of Arts, part of L22 C198406, 93-105 Lake Street, Cairns – Division 5 due to a donation to the Unity Team from Sally & John Mlikota the amount of $1350 on 03/04/2012. 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.

He has determined that these personal interests are not of sufficient significance that they will lead him 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 Schilling. 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 Moller informed the meeting that he may have the same conflicts of interest as those described by Cr Schilling. 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 Schilling. 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 Schilling. 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.

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Cr O’Halloran informed the meeting that he may have the same conflicts of interest as those described by Cr Schilling. 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 she may have the same conflicts of interest as those described by Cr Schilling. She 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 Zeiger declared a conflict of interest (as defined by section 175D of the Local

Government Act 2009) in Item 6 Closed session – Prejudicial Matter – Tenancy Update and Proposed Trustee Lease Offer for the School of Arts, part of L22 C198406, 93-105 Lake Street, Cairns – Division 5. 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. Sally Mlikota sponsors a child through Boldly I Go Inc. which is a charity she founded. 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.

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

Government Act 2009) in Item 4 Open Session – Investment Holdings as at 30 June 2019 as her son is employed by Queensland Treasury Corporation. Council has funds invested with QTC, which is the subject of this report. She has determined that this personal interest is not of sufficient significance that it will lead her to making a decision on the matter that is contrary to the public interest.

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

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

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

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

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

voting on the matter.

Also Item 2 Closed Session – Legal Matter – Cairns Regional Council ats Urban Properties Centenary Pty Ltd Supreme Court No. 117/19 – Matter: 181050 – 10-12 Centenary Close, Manoora – Division 7 due to a donation from U.P. Admin, the amount of $5000 on 19/2/2016 and from MacDonnells Law, the amount of $2000 on 05/06/2012.

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U.P. Admin are Urban Properties, who are a party to the legal matter that this report relates to. MacDonnells Law are legal advisors involved with the matter.

She will be dealing with this interest be excluding herself from the meeting while this matter is discussed and voted on.

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

Government Act 2009) in Item 6 Closed session – Prejudicial Matter – Tenancy Update and Proposed Trustee Lease Offer for the School of Arts, part of L22 C198406, 93-105 Lake Street, Cairns – Division 5 due to his wife being employed by Study Cairns. He will leave the meeting while this matter is discussed and voted on.

SCHILLING / O’HALLORAN 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 1 Open session – Memorandum of Understanding Between Cairns

Regional Council and James Cook University; 2. Item 2, Closed Session – Legal Matter – Cairns Regional Council ats Urban

Properties Centenary Pty Ltd Supreme Court No. 117/19 – Matter: 181050 – 10-12 Centenary Close, Manoora – Division 7; and

3. Item 6 Closed session – Prejudicial Matter – Tenancy Update and Proposed Trustee Lease Offer for the School of Arts, part of L22 C198406, 93-105 Lake Street, Cairns – Division 5

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 24/7/19

O’HALLORAN / COOPER That the Minutes of the Ordinary Meeting held on Wednesday, 24 July 2019 be confirmed.

carried unanimously

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1. MEMORANDUM OF UNDERSTANDING BETWEEN CAIRNS

REGIONAL COUNCIL AND JAMES COOK UNIVERSITY ................... 4

Belinda Hutchinson | 1/8/4 | #6017723

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. Notes the projects and outcomes that have been delivered under the former

Memorandum of Understanding between Cairns Regional Council and James Cook University from 1 November 2017 to 30 June 2019;

2. Approves a new five-year Memorandum of Understanding between Cairns

Regional Council and James Cook University; and 3. Delegates authority to the Mayor and Chief Executive Officer in accordance

with the Local Government Act 2009 to finalise and execute the new five-year Memorandum of Understanding between Cairns Regional Council and James Cook University.

2. FNQ & NQ MONSOON TROUGH – CATEGORY C FLEXIBLE FUNDING

GRANTS PROGRAM ......................................................................... 17

Nick Masasso | 1/3/37 | #6141289

JAMES / SCHILLING That Council: 1. Endorses the submission of applications for funding under the FNQ and NQ

Monsoon Trough – Category C Flexible Funding Grants Program for the following projects:

a. Disaster resilience and recovery in the Cairns business sector b. Protective abilities and resilience capabilities of local ecosystems c. Building community economic capacity through understanding

insurance levels in the Cairns region d. Cairns resilient communications for disaster response and recovery

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

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

carried unanimously

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3. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 26 JULY 2019

......................................................................................................... 25

J Piercy | 17/49/9-07 | #6132004

SCHILLING / COOPER

That Council notes the financial statements for the period ended 26 July 2019.

carried unanimously

4. INVESTMENT HOLDINGS AS AT 30 JUNE 2019 ............................. 43

K Robertson | 17/49/9-06 | #6147795

SCHILLING / BATES That Councillors note the conflict of interest declaration of Cr Cooper and resolve that this represents a perceived conflict of interest in this matter and Cr Cooper is able to participate in discussion and vote on this matter.

carried unanimously with Cr Cooper not participating in the vote.

SCHILLING / O’HALLORAN That Council notes the performance of invested funds for the year ended 30 June 2019.

carried unanimously

5. MINUTES AUDIT COMMITTEE MEETING – 29 JULY 2019 ............ 47


SCHILLING / COOPER That Council accepts the minutes of the Audit Committee meeting held on 29 July 2019.

carried unanimously

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6. CAIRNS PERFORMING ARTS CENTRE CONSTRUCTION

STEERING COMMITTEE (CPACCSC) MEETING MINUTES –

17 JULY 2019 .................................................................................. 54

Sam Cottrell | 1/3/21 | #6142421

SCHILLING / O’HALLORAN That Council notes the agreements and actions of the Cairns Performing Arts Centre Construction Steering Committee (CPACCSC) of 17 July 2019.

carried unanimously

7. PROJECT LAUNCH APPROVAL FOR PMP9550 RAINTREES BUS

STOP ................................................................................................ 59

Martin Perkowicz | 30/8/1-01 | #6141364

JAMES / SCHILLING That Council: 1. Approves the Raintrees Bus Stop Project Launch Approval (PLA) with an

overall Project Launch Budget (PLB) of $2.05M and an Approved End Date (AED) of 30 June 2020; 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 procurement practices and policies.

carried unanimously

8. PROPOSAL TO RENAME TENNIS CLUB PARK, FRESHWATER TO

RICHMOND PARK - DIVISION 6 ....................................................... 67

Luke Jackson | 73/2/16 | #6130792

COOPER / SCHILLING

That Council resolves to rename Tennis Club Park at Old Smithfield, Lavis and Kamerunga Roads, Freshwater to Richmond Park.

carried unanimously

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9. COMMONWEALTH GAMES INTERPRETIVE SIGNAGE PROGRAM .. 72

C. Stannard | 79/5/7-01 | #6113526

COOPER / SCHILLING That Council notes the completion of the ‘Embracing Our Stories’ Indigenous Interpretive Signage Project.

carried unanimously

10. CPAC OPEN DAY .............................................................................. 87

Roz Pappalardo | 79/5/19-01 | #6127352

SCHILLING / O’HALLORAN That Council acknowledges the success of CPAC Open Day for the community.

carried unanimously

11. REGISTER OF PREQUALIFIED SUPPLIERS (ROPS) 2705 SUPPLY OF

PVC PIPES AND WATER FITTINGS ................................................. 94

Caroline Doyle-Wiaczek | 63/1/213* | #6143688

SCHILLING / O’HALLORAN That Council:

1. Awards Register of Prequalified Suppliers (ROPS) 2705 Supply of PVC Pipes and Water Fittings to the list of Suppliers in Attachment 1, for a period of two years commencing 22 August 2019, with an extension option of up to 12 months available at Council’s discretion.

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

1. OPTIONS FOR SEWERAGE REFLUX VALVE SUBSIDY

BATES / SCHILLING That council officers report back on options for a sewerage reflux valve subsidy that would be available to residents affected by sewerage surcharge caused by councils sewerage network.

carried unanimously

2. NULLINGA DAM

On August 2nd, the Queensland Government released the business case for the Nullinga Dam project. The business case concludes the project is ‘not financially or economically viable’ and the Queensland Government indicated they will look at other water supply options. Long term water security and development is a key priority for our region. As well as supporting urban population growth in Cairns and the broader FNQ region, water also underpins the significant economic benefits and employment delivered by the region’s agricultural sector, a sector which contributes over $1 billion per annum to our regional GRP (Gross Regional Product). We only need to look to Tinaroo Dam to see the long term social and economic impacts that investment in nation building water infrastructure projects can deliver. Nullinga Dam is another project that would unlock the enormous potential of our region’s agriculture industry and also provide a critical part of our long term urban water security needs. For our region to grow and prosper, investment in enabling infrastructure such as Nullinga simply must be made. I understand our officers have undertaken a preliminary review business case and have a number of significant concerns with it. These include:

The business case adopts a 30 year appraisal period (from construction to

completion) to 2060 so only 25 years of agricultural benefits from the project are

taken into account. Dams are long term infrastructure projects that deliver

multigenerational benefits. Tinaroo Dam (as a direct example - that dam

constructed over 60 years ago), has delivered significant benefits since

construction and is expected to contribute further and growing benefits for

decades to come. Assuming Nullinga dam would not deliver any agricultural

benefit beyond 25 years of operation is clearly flawed.

The business case assumes the project delivers no urban benefit as it

concludes the dam would not be needed to support Cairns’ urban water supply

within the appraisal period. Again, this is a reflection of a short (and

inappropriate for long term infrastructure) 30 year appraisal period being used.

There are clear benefits to Cairns’ long term water security from the dam and no

value has been placed on these.

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The business case estimates the value of agricultural benefit from the

project based purely on what it considers users would be prepared to pay

for the water. This is simplistic and underestimates the wide ranging benefits

such a project would deliver. A more appropriate approach is to look at what

economic value and jobs (both direct and indirect) the additional agricultural

production the dam supports could deliver. It not only benefits the farmers and

other users directly but also the businesses in our regional cities and towns that

supply and support those users.

The business case is premised on a ‘full cost recovery’ model i.e.

government not putting any money into the project with project costs to be

fully recovered from upfront and ongoing payments from operators. Compare

this to the approach for other items of economic enabling infrastructure such as

roads where governments regularly invest significant funds without recovery from

users. Governments benefit indirectly from such projects through the additional

economic value they generate which ultimately results in additional tax

revenue. It is truly the role of government to invest in nation building

infrastructure projects such as Nullinga Dam to secure the long term prosperity of

our future generations.

Feedback from our officers’ engagement with other project stakeholders indicates they share similar concerns with the business case. Now is not the time for the Queensland Government to walk away from investing in a key regional infrastructure project like Nullinga Dam on the basis of a flawed business case. Cairns, FNQ and indeed regional Queensland more broadly needs and deserves investment in capacity building infrastructure projects and what infrastructure could be more critical than that which secures our long term water needs – after all, water is the very essence of life itself. We need true leadership, vision and commitment on projects like Nullinga, not decisions based on a number spat out of an excel spreadsheet operated by the bean counters in Brisbane. All the ‘spreadsheet’ approach does is result in more and more investment being made in our nation’s metropolitan capitals at the expense of our regions. Investment in regional infrastructure demands and deserves a different approach. I am proposing a general business motion that we work with our regional colleagues to continue to hold the Queensland Government to account on Nullinga.

SCHILLING / BATES That Council Officers engage with FNQROC, Mareeba Shire Council and other stakeholders to develop a joint and coordinated response to the Nullinga Dam business case and the decision of the Queensland Government not to proceed with this critical region building infrastructure project.

carried unanimously

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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 - RESUMPTION OF LAND FOR

DRAINAGE PURPOSES – DIVISION 8 ................................................ 4

C Dean | 55/1/3- | #6134649

2. LEGAL MATTER - CAIRNS REGIONAL COUNCIL ATS URBAN

PROPERTIES CENTENARY PTY LTD SUPREME COURT NO. 117/19 -

MATTER: 181050 - 10-12 CENTENARY CLOSE, MANOORA –

DIVISION 7 ....................................................................................... 13

K Reaston | 8/7/3305 | #6136693

3. PREJUDICIAL MATTER - PROPOSED ACQUISITION, LOT 32 ON

RP729469, 12 LESLEY STREET, SMITHFIELD KNOWN AS OLD

SMITHFIELD FIRE STATION - DIVISION 8 ...................................... 27

Sharon Morgan | 55/2/3- | #6137987 v2

4. BUDGETARY MATTER – LOCAL COMMUNITY EVENT GRANT

APPLICATION .................................................................................. 32


5. CONTRACTUAL MATTER – SYDNEY FC PRE SEASON TRIAL GAME

......................................................................................................... 43

Jess Hancock | 52/1/9 | # 6145481

6. PREJUDICIAL MATTER – TENANCY UPDATE AND PROPOSED

TRUSTEE LEASE OFFER FOR THE SCHOOL OF ARTS, PART OF

L22 C198406, 93-105 LAKE STREET, CAIRNS – DIVISION 5 ......... 52

Sharon Morgan | 19/28/320-01 | #6145602

7. PREJUDICIAL MATTER - INFRASTRUCTURE AUSTRALIA

INFRASTRUCTURE PRIORITY LIST – CAIRNS REGION WATER

SECURITY ........................................................................................ 60

Nick Masasso | 1/3/37 | #6141567

8. CONTRACTUAL MATTER - CAIRNS COURTHOUSE

REFURBISHMENT PROJECT UPDATE PC17036-01 ........................ 67

Bruce Gardiner | 1/3/21 | #6145330

15


9. CONTRACTUAL MATTER – CONTRACT 2703 – PROVISION OF

INTERNAL AUDIT SERVICES .......................................................... 77

Julia Deleyev | 63/1/211* | #6131322

10. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 84

Steve Crampton | 17/25/2-13 | #6134948

11. CONTRACTUAL MATTER – VENUE HIRE PROPOSAL – CAIRNS

ESPLANADE ................................................................................... 118

Tim Dendle | 52/8/4-01 | #6141768

12. CONTRACTUAL MATTER – POST EVENT REPORT, 2019 GREAT

BARRIER REEF MASTERS GAMES ................................................ 124


13. CONTRACTUAL MATTER - CONTRACT 75563 – DESIGN

AND CONSTRUCTION OF A NEW MATERIAL RECOVERY FACILITY

....................................................................................................... 139

S Cosatto | 63/5/11 | #6081064

carried unanimously Cr Schilling left the meeting 9:53 a.m. Cr Schilling returned 9:54 a.m.

OUT OF CLOSED SESSION

COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION

SCHILLING / O’HALLORAN

carried unanimously

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

16


1. PREJUDICIAL MATTER - RESUMPTION OF LAND FOR

DRAINAGE PURPOSES – DIVISION 8 ................................................ 4

C Dean | 55/1/3- | #6134649

SCHILLING / BATES That Council:

1. Notes the landowners’ objection to the proposed resumption; 2. Advises the landowner that Council will be making an application under the

Acquisition of Land Act 1967 for the taking of land over the subject area;

3. Proceeds to make a formal application to the Minister administering the Acquisition of Land Act 1967 for the taking of an area of 406m2 for drainage purposes from lot 25 on SP222744 marked as resumption area on SP222744 shown at attachment 1; and

4. Delegates authority to the Chief Executive Officer under the provisions of the Local Government Act 2009 to finalise any and all matters associated with this acquisition.

carried unanimously

2. LEGAL MATTER - CAIRNS REGIONAL COUNCIL ATS URBAN

PROPERTIES CENTENARY PTY LTD SUPREME COURT NO. 117/19 -

MATTER: 181050 - 10-12 CENTENARY CLOSE, MANOORA –

DIVISION 7 ....................................................................................... 13

K Reaston | 8/7/3305 | #6136693


OFFICERS RECOMMENDATION: It is recommended that Council: 1. Endorse the Deed of Settlement on the terms proposed in full and final

satisfaction of this matter; and 2. Delegates authority to the Chief Executive Officer under the provisions of the

Local Government Act 2009 to finalise any and all matters associated with this settlement.

17


3. PREJUDICIAL MATTER - PROPOSED ACQUISITION, LOT 32 ON

RP729469, 12 LESLEY STREET, SMITHFIELD KNOWN AS OLD

SMITHFIELD FIRE STATION - DIVISION 8 ...................................... 27

Sharon Morgan | 55/2/3- | #6137987 v2

BATES / SCHILLING That Council does not progress with an Expression of Interest for the Old Smithfield Fire Station located on Lot 32 on RP729469, 12 Lesley Street, Smithfield.

carried unanimously

4. BUDGETARY MATTER – LOCAL COMMUNITY EVENT GRANT

APPLICATION .................................................................................. 32


COOPER / O’HALLORAN That Council: 1. Supports the application received from InkMasters Cairns Inc. for InkFest

2020 to the value of $10,500 (cash and In-kind support); and 2. Delegates authority to the Chief Executive Officer in accordance with the

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

carried unanimously

5. CONTRACTUAL MATTER – SYDNEY FC PRE SEASON TRIAL GAME

......................................................................................................... 43

Jess Hancock | 52/1/9 | # 6145481

SCHILLING / O’HALLORAN That Council: 1. Supports the request from Sydney FC to the value of $25,000 Cash and in-kind

for Venue Hire for a pre-season training camp and potential pre-season A-League fixture;

2. Delegates authority to the Chief Executive Officer under the Local

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

carried unanimously

18


6. PREJUDICIAL MATTER – TENANCY UPDATE AND PROPOSED

TRUSTEE LEASE OFFER FOR THE SCHOOL OF ARTS, PART OF

L22 C198406, 93-105 LAKE STREET, CAIRNS – DIVISION 5 ......... 52

Sharon Morgan | 19/28/320-01 | #6145602


OFFICERS RECOMMENDATION: It is recommended that Council: 1. Finalises negotiations with the Cairns Chamber of Commerce for a trustee

lease for part of Lot 22 on C198406, 93-105 Lake Street, Cairns; 2. Enters into a Resource and Performance Agreement with the Cairns Chamber

of Commerce for the initial term of the Trustee Lease; 3. Grants a three (3) month trial to the Roti Shack to allow trade to 3am on Friday

and Saturday nights under the advice of Queensland Police Service (QPS) and terms and conditions contained in this report;

4. Notes and supports the updates and proposals on current and potential

tenancies contained within this report; and 5. Delegates authority to the Mayor and Chief Executive Officer under the

provisions of the Local Government Act 2009 to finalise all matters associated with the trustee lease, current and potential tenancies in accordance with Council’s ‘General Policy for tenure arrangements and disposal of Council property’ (‘tenure and disposal policy’) and subject but not limited to the terms and conditions herein.

7. PREJUDICIAL MATTER - INFRASTRUCTURE AUSTRALIA

INFRASTRUCTURE PRIORITY LIST – CAIRNS REGION WATER

SECURITY ........................................................................................ 60

Nick Masasso | 1/3/37 | #6141567

BATES / SCHILLING That Council: 1. Notes this report in relation to the Infrastructure Australia Infrastructure

Priority List and supports the recommendation of Council Officers that a Stage 1 Application be submitted to Infrastructure Australia in respect of Cairns Region Water Security.

19


2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to negotiate, finalise and submit the Stage 1 Problem Identification and Prioritisation Application to Infrastructure Australia.

carried unanimously

8. CONTRACTUAL MATTER - CAIRNS COURTHOUSE

REFURBISHMENT PROJECT UPDATE PC17036-01 ........................ 67

Bruce Gardiner | 1/3/21 | #6145330

JAMES / COOPER That Council: 1. Notes the pre-tender estimated project budget 2. Endorses the external colour scheme option 3b 3. Approves moving to public tender for the construction phase of the

Courthouse refurbishment project 4. 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 relating to this project subject to Council’s procurement practices and policies.

carried unanimously

9. CONTRACTUAL MATTER – CONTRACT 2703 – PROVISION OF

INTERNAL AUDIT SERVICES .......................................................... 77

Julia Deleyev | 63/1/211* | #6131322

COOPER / SCHILLING That Council: 1. Approves Contract 2703 – Provision of Internal Audit Services to Pacifica Pty

Ltd, commencing 1 September 2019. 2. Delegates authority to the Chief Executive Officer in accordance with the

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

20


10. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ................ 84

Steve Crampton | 17/25/2-13 | #6134948

SCHILLING / O’HALLORAN That Council notes the status of the outstanding debt owed to Council as of 26 July 2019.

carried unanimously

11. CONTRACTUAL MATTER – VENUE HIRE PROPOSAL – CAIRNS

ESPLANADE ................................................................................... 118

Tim Dendle | 52/8/4-01 | #6141768

SCHILLING / O’HALLORAN That Council: 1. Approves the commercial hire of the Cairns Esplanade subject to certain

terms and conditions; 2. Approves entering into a suitable agreement with the proponent regarding the

use of the venue and Council’s associated support; and 3. 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.

carried unanimously

12. CONTRACTUAL MATTER – POST EVENT REPORT, 2019 GREAT

BARRIER REEF MASTERS GAMES ................................................ 124


SCHILLING / COOPER That Council notes the outcomes of the 2019 Great Barrier Reef Masters Games.

carried unanimously

21


13. CONTRACTUAL MATTER - CONTRACT 75563 – DESIGN

AND CONSTRUCTION OF A NEW MATERIAL RECOVERY FACILITY

....................................................................................................... 139

S Cosatto | 63/5/11 | #6081064

BATES / SCHILLING That Council: 1. Approves the award of Contract 75563 – Design and Construction of a new

Material Recovery Facility(MRF) to Re.Group Pty Ltd on a lump sum basis for the value of $7,968,209 excluding GST; and

2. Approves the Project Launch Approval for project PCE18102 as listed in the report with a Project Launch Budget (PLB) of $9,746,433 and an Approved End Date (AED) of 30 September 2020; and

3. Approve to proceed to tender for the design and construction for a new shed with a further Project Launch Approval and report to Council before progressing with the construction; and

4. Delegates authority to the CEO in accordance with the Local Government Act to finalise and negotiate any and all matters relating to this contract subject to normal procurement practices and policies.

carried unanimously

THE MEETING CLOSED AT 10:28 AM

CONFIRMED THIS 28th DAY OF AUGUST 2019

……………………………………. MAYOR

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

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