CAIRNS REGIONAL COUNCIL ORDINARY MEETING 23 JUNE 2021 9 A.M.
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1 CAIRNS REGIONAL COUNCIL ORDINARY MEETING 23 JUNE 2021 9 A.M. PRESENT: Cr B Manning (Chairperson) Cr R Coghlan Cr A Eden Cr T James Cr B Moller Cr M O’Halloran Cr B Olds Cr R Pyne Cr K Vallely Cr C Zeiger OFFICERS: M Martin Chief Executive Officer G Everson Acting General Manager Infrastructure Services C Posgate General Manager Human Resources & Organisational Change M Garred Interim General Manager Planning & Environment M Wuth General Manager Water & Waste D Puia General Manager Community, Sport & Cultural Services L Whitton Chief Financial Officer N Masasso Executive Project Officer S Foster Manager Cultural Services R Holmes Manager Marketing &Communications P Rogato Media Coordinator A Turnbull Executive Manager Mayor’s Office K Barnes Manager Development, Planning & Property S Cottrell Minute Secretary #6680421 - Minutes – Ordinary Meeting 23 June 2021
2 TABLE OF CONTENTS PRESCRIBED CONFLICT OF INTEREST / DECLARABLE CONFLICT OF INTEREST ........................................................................................................... 5 PURPOSE OF MEETING .......................................................................................... 5 CONFIRMATION OF MINUTES OF ORDINARY MEETING 26 MAY 2021 .............. 5 AGENDA ITEMS AS LISTED: 1. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE GOVERNANCE AND ECONOMICS COMMITTEE HELD 09/06/2021 ............................................................................................. 6 S Godkin | 65/4/1 | #6676011 2. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE COMMUNITY, SPORT, EVENTS AND CULTURAL SERVICES COMMITTEE HELD 09/06/2021 ................................ 6 S Godkin | 65/4/1 | #6676023 3. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE WORKS COMMITTEE (INFRASTRUCTURE, WATER, WASTE AND WASTEWATER) HELD 09/06/2021 ............................ 6 S Godkin | 65/4/1 | #6676034 4. ANALYSIS OF QUEENSLAND STATE GOVERNMENT BUDGETED CAPITAL EXPENDITURE BY REGION ............................................................ 7 Nick Masasso | 93/1/2 | #6675143 5. SUBMISSION TO THE QUEENSLAND GOVERNMENT’S TOURISM INDUSTRY REFERENCE PANEL .................................................................... 7 S Doyle-Wiaczek | 58/6/1 | #6675738 6. RECONFIGURING A LOT (1 LOT INTO 23 LOTS) – 52 PROGRESS ROAD WHITE ROCK – DIVISION 3 ............................................................................. 8 Isabella Newman | 8/13/2340 | #6664614 7. CAIRNS POST BUILDING (22-24 ABBOTT STREET, CAIRNS) – OUTCOMES OF CONSULTATION ON THE REQUEST FOR INCLUSION ON THE QUEENSLAND HERITAGE REGISTER ................................................. 19 Debbie Wellington | 70/6/1 | #6614441 #6680421 - Minutes – Ordinary Meeting 23 June 2021
3 8. PROPOSED CAIRNSPLAN 2016 MAJOR AMENDMENT AND PROPOSED AMENDMENTS TO PLANNING SCHEME POLICIES – CONSIDERATION OF SUBMISSIONS AND REQUEST FOR MINISTER’S APPROVAL TO ADOPT ......................................................................................................................... 19 Nicole Tsakissiris | 8/26/28 | #6623055 9. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - ASPHALT OVERLAY PROGRAM .................................................................................... 20 Kiran Acharya | 50/5/10-01 | #6659598 10. TREEFORCE – RESOURCE AND PERFORMANCE AGREEMENT FOR FRESHWATER CREEK GOOMBOORA BIKE PATH............................ 21 Gary Everson | 81/1/13 | #6672569 11. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - SUBURBAN ENHANCEMENT PROGRAM (SEP) ......................................... 21 Kiran Acharya | 50/5/9 | #6660799 12. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - RESEAL PROGRAM ...................................................................................................... 22 Kiran Acharya | 50/5/10 | #6668978 13. PROJECT LAUNCH APPROVAL (PLA) – PT22004 2021/22 MAJOR PAVEMENT REHABILITATION PROGRAM .................................................. 22 K Acharya | 50/5/68 | #6660094 14. COMMUNITY GRANT POLICY REVIEW........................................................ 23 Jennifer Houston | 63/18/1 | #6670619 15. COMMUNITY GRANTS - CAIRNS JOCKEY CLUB INC AND THE GREAT PYRAMID RACE AND COUNTRY FAIR ........................................... 23 Nicole Griffiths | 63/18/1 | #6663557 16. REGIONAL ARTS DEVELOPMENT FUND (RADF) 2020/21 – OUTCOME OF MAJOR ROUND TWO AND CITY OF THE ARTS HERO PROJECT GRANT ............................................................................................................ 24 Fleur McMenamin | 79/6/5 | #6657192 17. REQUEST TO HIRE MUNRO MARTIN PARKLANDS (XAVIER RUDD) ....... 24 R Pappalardo | 79/4/1 | #6670354 18. REVENUE POLICY ......................................................................................... 25 M Wise | 63/2/9 | #6614100 19. INDEPENDENT RATE RELIEF TRIBUNAL ................................................... 25 Steve Crampton | 63/8/27-01 | #6667136v1 #6680421 - Minutes – Ordinary Meeting 23 June 2021
4 20. FEES AND CHARGES .................................................................................... 25 J Rillstone | 63/2/9-01 | #6669418 21. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 28 MAY 2021......... 25 J Piercy | 63/17/2-01 | #6659097 22. DELEGATIONS FROM COUNCIL TO CHIEF EXECUTIVE OFFICER – STATE GOVERNMENT LEGISLATION ......................................................... 26 A Agius | 65/9/2-01 | #6656814 23. COUNCILLOR ENTERPRISE BARGAINING ADVISORY COMMITTEE TERMS OF REFERENCE ............................................................................... 26 Christine Posgate | 65/9/1-01 | #6680261 GENERAL BUSINESS 1. ESTABLISHMENT OF KIDNEY UNIT IN TOWNSVILLE................................ 27 CLOSED SESSION 1. BUDGETARY MATTER – OUTSTANDING DEBT REPORT ......................... 28 Steve Crampton | 63/8/31-01 | #6652308 2. BUDGETARY MATTER – OUTSTANDING DEBT ......................................... 29 L Whitton | 63/17/2-01 | #6670250 #6680421 - Minutes – Ordinary Meeting 23 June 2021
5 PRESCRIBED CONFLICT OF INTEREST / DECLARABLE CONFLICT OF INTEREST 1. Cr Manning informed the meeting that he may have a perceived conflict of interest in item 5 – Submission to the Queensland Government’s Tourism Industry Reference Panel. This report relates to a submission to the Queensland Government’s Tourism Industry Reference Panel. A member of the panel, Liz Savage, is a board member for Cairns Airport. He has a conflict relating to the Airport in relation to a study trip he undertook in 2019. The panel is a different entity to the Cairns Airport. Liz Savage has significant, long running aviation experience and is not on the panel specifically representing the Airport. He does not believe a reasonable person would believe he was biased. Therefore, he chose to remain in the meeting. However, he will respect the decision of his fellow Councillors on whether he can remain and participate in the decision. 2. Cr James advised the meeting that he has a conflict of Interest in relation to Clause 23 - Councillor Enterprise Bargaining Advisory Committee Terms of Reference. His step-daughter, Louise Cameron is an employee of Council. He will deal with this conflict by leaving the room and not voting on the matter. 3. Cr Olds informed the meeting that he may have a perceived conflict of interest in Item 15 – Community Grants – Cairns Jockey Club Inc and the Great Pyramid Race and Country Fair, as he attended a Cairns Jockey Club lunch. He does not believe a reasonable person would believe he is biased, therefore, he chose to remain in the meeting. However, he will respect the decision of his fellow Councillors on whether he can remain and participate in the decision. Cr Olds informed the meeting that he had a conflict of interest in Item 23 – Councillor Enterprise Bargaining Advisory Committee Terms of Reference, which relates to Council’s EBA. His wife is employed by Council and will therefore be impacted by the EBA. He will leave the room while the matter is discussed and voted on. PURPOSE OF MEETING To consider the matters listed on the agenda. #6680421 - Minutes – Ordinary Meeting 23 June 2021
6 CONFIRMATION OF MINUTES OF ORDINARY MEETING 26/05/2021 O’HALLORAN / MOLLER That the Minutes of the Ordinary Meeting held on Wednesday, 26 May 2021 be confirmed. carried unanimously 1. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE GOVERNANCE AND ECONOMICS COMMITTEE HELD 09/06/2021 ...................................................... 5 S Godkin | 65/4/1 | #6676011 COGHLAN / MOLLER That Council adopts the recommendations of the Governance and Economics Committee held Wednesday, 9 June 2021. carried unanimously 2. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE COMMUNITY, SPORT, EVENTS AND CULTURAL SERVICES COMMITTEE HELD 09/06/2021 ................. 6 S Godkin | 65/4/1 | #6676023 O’HALLORAN / EDEN That Council adopts the recommendations of the Community, Sport, Events and Cultural Services Committee held Wednesday, 9 June 2021. carried unanimously 3. CONSIDERATION OF THE RECOMMENDATIONS CONTAINED IN THE MINUTES OF THE WORKS COMMITTEE (INFRASTRUCTURE, WATER, WASTE AND WASTEWATER) HELD 09/06/2021 .............. 7 S Godkin | 65/4/1 | #6676034 VALLELY / MOLLER That Council adopts the recommendations of the Works Committee (Infrastructure, Water, Waste and Wastewater) held Wednesday, 9 June 2021. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
7 4. ANALYSIS OF QUEENSLAND STATE GOVERNMENT BUDGETED CAPITAL EXPENDITURE BY REGION ........................................... 9 Nick Masasso | 93/1/2 | #6675143 OLDS / COGHLAN That Council notes this report on the analysis of Queensland State Government budgeted capital expenditure by region. carried unanimously 5. SUBMISSION TO THE QUEENSLAND GOVERNMENT’S TOURISM INDUSTRY REFERENCE PANEL .................................................. 22 S Doyle-Wiaczek | 58/6/1 | #6675738 OLDS / MOLLER I move that it is in the public interest that Cr Manning participates and votes on the condition that the rationale outlined in his declaration being: This report relates to a submission to the Queensland Government’s Tourism Industry Reference Panel. A member of the panel, Liz Savage, is a board member for Cairns Airport. I have a conflict relating to the Airport in relation to a study trip I undertook in 2019. The panel is a different entity to the Cairns Airport. Liz Savage has significant, long running aviation experience and is not on the panel specifically representing the Airport. And therefore, a reasonable person would trust that the final decision is made in the public interest. carried with Cr Manning not participating in the vote MOLLER / COGHLAN That Council: 1. Approves the attached submission to the Queensland Government’s Tourism Industry Reference Panel; and 2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise and lodge the submission and deal with any queries or other matters arising from it. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
8 6. RECONFIGURING A LOT (1 LOT INTO 23 LOTS) – 52 PROGRESS ROAD WHITE ROCK – DIVISION 3 ............................................... 45 Isabella Newman | 8/13/2340 | #6664614 ZEIGER / JAMES A. RECONFIGURING A LOT That Council approves the development application for Reconfiguring a Lot (1 Lot into 23 Lots) over land described as 52 Progress Road White Rock, located at Lot 220 on NR4033, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means: Drawing or Document Reference Date Proposed Brazier Motti 08.03.2021 Reconfiguration Job No. 33657/001-01 Plan No. 33657/001 B Typical Cross Sections KFB Engineers 11.03.2021 Drainage Data and Details Job No. K-8255 Sheet SK-01 A General Arrangement KFB Engineers 11.03.2021 Water & Sewerage Job No. K-8255 Reticulation Sheet SK-02 A Concrete Paths and Driveways General Arrangement KFB Engineers 11.03.2021 Stormwater Drainage and Job No. K-8255 Lot Drainage and Waste Sheet SK-03 A Management – Lots 7 - 15 Stormwater Drainage KFB Engineers 11.03.2021 Catchment Plan and Job No. K-8255 Drainage Patterns Sheet SK-03 A ASSESSMENT MANAGER CONDITIONS 1. This approval, granted under the provisions of the Planning Act 2016, shall lapse six (6) years from the day the approval takes effect in accordance with the provisions of Section 85 of the Planning Act 2016. 2. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the application submitted to Council; #6680421 - Minutes – Ordinary Meeting 23 June 2021
9 b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 3. The conditions of the Development Permit must be satisfied prior to Council approval of the Plan of Survey, except where specified otherwise in these conditions of approval. Operational Works 4. An Operational Works approval is required for Civil Works (including Earthworks, Infrastructure Works and Landscaping) associated with the development. The Development Permit for Operational Work is required to be obtained prior to the commencement of any works on the site. Traffic Works External 5. Construct the following external works at no cost to Council: a. Croft Street is to be extended along the full length of the eastern boundary of 52 Progress Road to an Access Street standard in accordance with the FNQROC Development Manual (i.e. 6.5m sealed pavement and non-standard verge on the eastern side). b. Design a smooth transition for Croft Street as part of the Operational Works application to ensure the new section of road matches neatly to the existing Croft Street. c. The New Road to access the lots must be designed to an Access Place standard in accordance with the FNQROC Development Manual (i.e. 14.5m road reserve, 6.5m sealed pavement) and must include a footpath on a least one (1) side of the New Road. The works outlined above require a Development Permit for Operational Works. Such work must be constructed at no cost to Council, in accordance with the Operational Works approval and to the satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey. Access to Lots 6. Construct a concrete driveway (or other approved surface) extending from the back of the kerb for the full length of the access handle of Lot 13. Construction of the concrete driveway must be carried out generally in accordance with FNQROC Development Manual Standard #6680421 - Minutes – Ordinary Meeting 23 June 2021
10 Drawing S1110E (as attached) or as approved as part of a Development Permit for Operational Works. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey. Service Conduits 7. Design and construct all necessary underground service conduits, including water, electricity and telecommunications, with associated access pits, for the entire length of the access handle of Lot 13 as shown on the approved plan of development. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey. Street Lighting 8. The following arrangements for the installation of street lighting within the proposed subdivision must be provided prior to Council’s approval of the Plan of Survey: a. A Rate 2 lighting scheme is to be designed in accordance with the relevant current Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual. The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 in the FNQROC Development Manual. The lighting scheme must demonstrate that light pole locations align with common property boundaries, represent the permitted design spacing, and that there are no conflicts with vegetation to be retained, stormwater, driveways, kerb inlet pits and other services. The design must provide the applicable illumination level specified in the current Road Lighting Standard AS/NZS 1158 at the following road elements: a. Intersections; b. Pedestrian Refuges; c. Cul-de-sacs; and d. Local Area Traffic Management (LATM) Devices (Including Roundabouts) LATM Devices are to be shown on the civil layout design. The electrical services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard. #6680421 - Minutes – Ordinary Meeting 23 June 2021
11 The lighting scheme must be provided by an Ergon Energy approved consultant and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Prior to Council approval of the Plan of Survey, written confirmation that the relevant capital contribution required by Ergon Energy has been paid must be submitted to ensure that the street lighting will be constructed. Electricity and Telecommunications 9. An underground electricity reticulation must be provided to the subdivision in accordance with requirements of the FNQROC Development Manual. The Applicant/owner must provide written evidence from the electricity and telecommunication authorities stating that underground services have or will be provided to each lot prior to Council approval of the Plan of Survey. Such evidence from an electricity provider (Ergon Energy) must be in the form of a “Certificate of Supply”, or alternatively a receipt for the full payment of the amount detailed under an “Offer of Supply”. Such evidence from a telecommunications provider (NBN Co.) must be in the form of a receipt for the full payment of the NBN Co. “Development Application” or alternatively provide Council with a copy of the NBN Co. “Council Letter”. 10. Where Ergon Energy requires the installation of a substation to augment their network, a padmount type is to be incorporated within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. An overhead service line and / or pole mount transformer is not permitted. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer. 11. Underground service conduits for electricity and communications must be provided adjacent to the driveway of battle axe lots from the front boundary through to the rear lot. The Development Approval condition(s) relating to the supply of electricity must be provided to Ergon Energy with the application for power supply. Drainage 12. The proposed development must not create ponding nuisances and/or a concentration of stormwater flows to adjoining properties. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding #6680421 - Minutes – Ordinary Meeting 23 June 2021
12 properties or properties downstream, in accordance with the Queensland Urban Drainage Manual, Fourth Edition (2016). 13. As per the requirements of FNQROC Section D4.13; all inter allotment drainage is to be conveyed by above ground open channel catch drains. 14. All rear allotment drainage pits and associated pipework contained within the lot boundaries of this development site shall be private infrastructure and shall not become an asset of Council. Drainage Study 15. Before the commencement of Operational Works, a local drainage study must be undertaken to determine works required to mitigate impacts to downstream properties. In particular, the study must address the following, as a minimum: a. All contributing internal and external catchment areas (being all of lot 52 and the contributing area of Lot 62. Lot 62 will be considered to be fully developed and half of the site draining to this system; b. Lawful points of discharge are to the south west corner to the Lot marked Road on SP287204. c. The extent of the 1% AEP flood event in relation to the site both pre and post development; d. Primary and secondary flow paths for the 50%, 20%, 10%, and 1% year ARI flood events; e. Identify any requirement for drainage easements through the site and the pipework required to accommodate the neighbouring development; f. Provide information on the proposed works and any impacts proposed at any drainage outlet from the proposed development g. Identify the size of the piped system to Johnson Road required to cater for a 1% AEP event. The drainage study is to be certified by an appropriately qualified and experienced engineer (RPEQ certified) and must comply, in all regards, with the requirements of the Queensland Urban Drainage Manual (QUDM) and the Council’s development manual (FNQROC). The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works, with all necessary works being undertaken prior to the issue of a Compliance Certificate for #6680421 - Minutes – Ordinary Meeting 23 June 2021
13 the Plan of Survey. Water Supply and Sewerage Master Plan 16. An updated Water Supply and Sewerage Master Plan accompanied by supporting calculations must be provided which demonstrates how the development can be serviced. Supporting information to the water supply plan is to include hydraulic analysis with boundary conditions, data and results. The Water Supply and Sewerage Master Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Water Supply and Sewerage Works External 17. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure: a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties; b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development. A plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer, prior to Council’s approval of the Plan of Survey. Water Supply and Sewerage Works Internal 18. Undertake the following water supply and sewerage works internal to the subject land: a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual; b. Extend water mains such that each allotment can be provided with a water service connection to the lot frontage; c. Existing water connections and internal plumbing must be contained within the lot it serves. If not then the connection and internal plumbing must be relocated to within the lot serviced. #6680421 - Minutes – Ordinary Meeting 23 June 2021
14 All the above works must be designed and constructed in accordance with the FNQROC Development Manual. A plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Council’s approval of the Plan of Survey. Inspection of Sewers 19. CCTV inspections of all existing and constructed sewers must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Council’s approval of the Plan of Survey. Sewer Easement 20. Create an easement in favour of Council subject to Council’s relevant standard terms document over any Council sewer within the site that is on non-standard alignment to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking Council’s approval of the Plan of Survey and must be lodged and registered with the Department of Resources in conjunction with the Plan of Survey. Waste Collection 21. A concrete hardstand must be provided at back of kerb for lots fronting onto the tee head and be located for safe and efficient collection by Council’s refuse collection vehicle. The road adjacent to the designated bin hardstand and the tee head must be free of car parking on collection days. NB: A rates notation will be added to this effect. 22. A waste bin siting, collection and management plan detailing the locations of wheelie bins within the road reserve in relation to other infrastructure, waste collection vehicle movements in and out of the proposed road and car parking is to be submitted with the application for Operational Works. #6680421 - Minutes – Ordinary Meeting 23 June 2021
15 Services/Street Tree Master Plan 23. A Services/Street Tree Master Plan must be submitted to Council in conjunction with the application for Operational Works. The plan must include the locations of all civil infrastructure such as water, sewer, stormwater, street lighting, proposed driveway locations, street trees and any other essential infrastructure. All elements must achieve the appropriate clearances from other infrastructure as required in the FNQROC Development Manual and/or relevant Australian Standards. The Masterplan must demonstrate the location and species for the proposed street trees in accordance with the FNQROC Development Manual and the FNQROC CRC Specific Landscaping Requirements. Species diversity must be achieved by a change of species within at an intersection, or at a regular nominated interval in considering the verge layout, infrastructure and services. No more than 20 street trees of the same species must be planted consecutively in an avenue without a species change. Street Trees 24. Undertake landscaping of the site and street frontages of new roads generally in accordance an endorsed Masterplan pursuant to condition 22 (Services/Street Tree Master Plan) and in accordance with the FNQROC Development Manual and FNQROC CRC Specific Landscaping Requirements a minimum of 13 weeks prior to the Final Works Acceptance. Street tree planting must include: a. Root barrier must be installed adjacent to the kerb and on both sides of the tree where foot paths or services are adjacent, in accordance with Standard Drawing S4210 of the FNQROC Development Manual. b. The specified trees must be well established at the time of planting and a minimum of 1.5m high from the finished ground. All trees must be formatively pruned at the Final Works Acceptance Inspection. c. Any changes to the endorsed street tree species and locations as noted on the Masterplan must be approved in writing by Councils Development Services via Planningadmin@cairns.qld.gov.au. Contact the Development Services team to arrange for a Practical Completion Inspection to commence the minimum 13-week establishment period required prior o the Final Works Acceptance. #6680421 - Minutes – Ordinary Meeting 23 June 2021
16 Sediment and Erosion Control 25. A sediment and erosion control plan must be submitted prior the issue of a Development Permit for Operational Works. Such plans must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual). Stockpiling and Transportation of Fill Material 26. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works, except where approved in a Development Permit for Operational Works. Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; or b. before 7:00 am or after 6:00 pm Monday to Friday; or c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. Storage of Machinery and Plant 27. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer. Existing Services 28. Written confirmation of the location of existing services for the land must be provided. In any instance where existing services are contained within another lot, the following applies, either: a. Relocate the services to comply with this requirement; or b. Arrange registration of necessary easements over services located within another lot prior to, or in conjunction with, the lodgement of a Compliance Certificate for the Plan of Survey creating the lot. Acid Sulphate Soils 29. If any excavation is proposed that may result in disturbance of potential acid sulfate soils (PASS), an acid sulfate soils investigation must be undertaken prior to excavation. #6680421 - Minutes – Ordinary Meeting 23 June 2021
17 NB: Planning Scheme Policy – Acid Sulfate Soils provides guidance on preparing an acid sulfate soils investigation. Damage to Infrastructure 30. In the event that any part of Council’s existing infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the Applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the developer’s cost, prior to the approval of the plan of survey. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency Concurrence Date Council Electronic Agency Reference Reference Department of State 2011-19780 SRA 15 December 6558767 Development, 2020 Infrastructure, Local Government and Planning Refer to Appendix 2: Referral Agency Response. (Please note that these conditions/requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER ADVICE 1. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works. 2. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 3. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter. The amount in the Infrastructure Charges Notice has been calculated according to Council’s Infrastructure Charges Resolution. #6680421 - Minutes – Ordinary Meeting 23 June 2021
18 Please note that this Decision Notice and the Infrastructure Charges Notice are stand-alone documents. The Planning Act 2016 (Qld) confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately. The amount in the Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment. The time when payment is due is contained in the Infrastructure Charges Notice. Further Approvals Required to Carry out the Development 4. The following further approvals are required prior to carrying out the development: a. Operational Work; and b. Plumbing and Drainage Work. 5. For information relating to the Planning Act 2016 (Qld) log on to https://planning.dsdmip.qld.gov.au. To access FNQROC Manual Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au. 6. Council will be implementing “smart” water meters during the currency period of this development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what the type of water metre should be installed. B. INFRASTRUCTURE CHARGES 1. That an Infrastructure Charges Notice be given for the development. C. RATES NOTATION 1. That the following attributes are notated to Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15 as follows: a. No car parking is permitted in the tee head or in front of the bin location on waste collection days. Failure to provide unobstructed access may result in non-collection of bins. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
19 7. CAIRNS POST BUILDING (22-24 ABBOTT STREET, CAIRNS) – OUTCOMES OF CONSULTATION ON THE REQUEST FOR INCLUSION ON THE QUEENSLAND HERITAGE REGISTER ........ 79 Debbie Wellington | 70/6/1 | #6614441 JAMES / OLDS That Council: 1. Notes the report, which outlines the outcomes of the consultation; and 2. Does not pursue an application to enter the Cairns Post Building (22-24 Abbott Street, Cairns) in the Queensland Heritage Register, in accordance with the requirements of the Queensland Heritage Act 1992. carried with Cr Pyne voting against the motion 8. PROPOSED CAIRNSPLAN 2016 MAJOR AMENDMENT AND PROPOSED AMENDMENTS TO PLANNING SCHEME POLICIES – CONSIDERATION OF SUBMISSIONS AND REQUEST FOR MINISTER’S APPROVAL TO ADOPT ............................................ 84 Nicole Tsakissiris | 8/26/28 | #6623055 JAMES / VALLELY That Council: 1. Notes the Consultation Report and considers the submissions received during the public consultation period on the proposed CairnsPlan 2016 Major Amendment and the proposed amendments to: a. Planning Scheme Policy – Natural hazards; b. Planning Scheme Policy – Neighbourhood character; c. Planning Scheme Policy – Places of significance; d. Planning Scheme Policy – Tropical urbanism. 2. Endorses the changes made to the proposed CairnsPlan 2016 Major Amendment in response to the submissions received as outlined in the Consultation Report; 3. Endorses the changes made to the proposed amendments to the following Planning Scheme Policies in response to submissions received as outlined in the Consultation Report: a. Planning Scheme Policy – Natural hazards; b. Planning Scheme Policy – Neighbourhood character; c. Planning Scheme Policy – Places of significance; #6680421 - Minutes – Ordinary Meeting 23 June 2021
20 d. Planning Scheme Policy – Tropical urbanism. 4. Notes the Consultation Report includes the matters addressed within the Report to Council on 28 April 2021 relating to submissions on the Explosive facility area of the Hazardous and explosive facilities overlay; 5. Writes to each submitter about how their submission was considered and addressed; 6. Gives a notice requesting to adopt the proposed CairnsPlan 2016 Major Amendment to the Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning; 7. Writes to the Department of State Development, Infrastructure, Local Government and Planning requesting confirmation of the State interests appropriately reflected within the CairnsPlan 2016 Planning Scheme incorporating the proposed CairnsPlan 2016 Major Amendment; 8. Notes that a report to adopt the proposed CairnsPlan 2016 Major Amendment and proposed amendments to the Planning Scheme Policies will be subject to a future report to Council; and 9. Delegates authority to the Chief Executive Officer pursuant to the Local Government Act 2009 to finalise any and all matters associated with public consultation and the Ministers consideration of the proposed amendment to the CairnsPlan 2016 Planning Scheme and the proposed amendments to the Planning Scheme Policies. carried unanimously Cr Pyne left the meeting 10am 9. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - ASPHALT OVERLAY PROGRAM ................................................................... 95 Kiran Acharya | 50/5/10-01 | #6659598 OLDS / O’HALLORAN That Council: 1. Approves the Project Launch Approval (PLA) for the 2021/22 W4Q4 - Asphalt Overlay Program with a Project Launch Budget (PLB) of $3,000,000 and an Approved End Date (AED) of 30 June 2022; and #6680421 - Minutes – Ordinary Meeting 23 June 2021
21 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 relating to this program subject to Council’s procurement practices and policies. carried unanimously 10. TREEFORCE – RESOURCE AND PERFORMANCE AGREEMENT FOR FRESHWATER CREEK GOOMBOORA BIKE PATH ............. 102 Gary Everson | 81/1/13 | #6672569 VALLELY / EDEN That Council: 1. Approves the Resource and Performance Agreement between Treeforce and Cairns Regional Council to the value of $12,000 excl. GST for vegetation works for the Freshwater Creek Goomboora Bike Path for the period 1 June 2021 to 30 July 2022. 2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to finalise any and all matters associated with the Resource and Performance Agreements. carried unanimously 11. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - SUBURBAN ENHANCEMENT PROGRAM (SEP) ......................... 106 Kiran Acharya | 50/5/9 | #6660799 EDEN / MOLLER That Council: 1. Approves the Project Launch Approval (PLA) for the 2021/22 W4Q4 - Suburban Enhancement Program with a Project Launch Budget (PLB) of $2,400,000 and an Approved End Date (AED) of 30 June 2022. 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 program, subject to Council’s normal procurement policies and practices. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
22 12. PROJECT LAUNCH APPROVAL (PLA) – 2021/22 W4Q4 - RESEAL PROGRAM .................................................................................. 113 Kiran Acharya | 50/5/10 | #6668978 COGHLAN / OLDS That Council: 1. Approves the Project Launch Approval (PLA) for the 2021/22 W4Q4 - Reseal Program with a Project Launch Budget (PLB) of $2,000,000 and an Approved End Date (AED) of 30 June 2022; 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 relating to this program subject to Council’s procurement practices and policies. carried unanimously 13. PROJECT LAUNCH APPROVAL (PLA) – PT22004 2021/22 MAJOR PAVEMENT REHABILITATION PROGRAM ................................ 124 K Acharya | 50/5/68 | #6660094 OLDS / EDEN That Council: 1. Approves the Project Launch Approval (PLA) for the 2021/22 Major Pavement Rehabilitation Program with a Project Launch Budget (PLB) of $4,500,000 and an Approved End Date (AED) of 30 June 2022. 2. Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contracts, negotiate and finalise any and all matters relating to this program subject to Council’s procurement practices and policies. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
23 14. COMMUNITY GRANT POLICY REVIEW ..................................... 131 Jennifer Houston | 63/18/1 | #6670619 ZEIGER / O’HALLORAN That Council: 1. Approves the proposed amendments to the Community Grant Policy and associated grant streams as outlined in this report. 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 amendments. carried unanimously 15. COMMUNITY GRANTS - CAIRNS JOCKEY CLUB INC AND THE GREAT PYRAMID RACE AND COUNTRY FAIR .......................... 196 Nicole Griffiths | 63/18/1 | #6663557 MOLLER / COGHLAN I move that it is in the public interest that Cr Olds participates and votes on this item, on the condition that rationale outlined in his declaration, being: He attended a Cairns Jockey Club lunch, and therefore a reasonable person would trust that the final decision is made in the public interest carried with Cr Olds not participating in the vote MOLLER / COGHLAN That Council: 1. Enters into a funding agreement with Cairns Jockey Club Inc. for the Red Beret Hotel Cairns Cup Carnival to the value of $15,000 (ex GST). 2. Enters into a funding agreement with The Great Pyramid Race and Country Fair for The Great Pyramid Race to the value of $20,000 (ex GST). 3. 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 arrangement. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
24 16. REGIONAL ARTS DEVELOPMENT FUND (RADF) 2020/21 – OUTCOME OF MAJOR ROUND TWO AND CITY OF THE ARTS HERO PROJECT GRANT ............................................................ 200 Fleur McMenamin | 79/6/5 | #6657192 ZEIGER / EDEN That Council: 1. Approves the establishment of RADF funding agreements for a total of $60,919 (ex GST) from the 2020/21 RADF Major Round Two to: a. The Historical Society Cairns North Queensland Inc. (Cairns Museum) - $9,980 b. Gondwana Choirs - $6,811 c. Velvet Eldred - $7,811 d. Amber Farnan - $6,884 e. Marilyn Susanne Marsh-Booth - $9,920 f. Clare Kuolga Meere - $9,000 g. Evan Richard Le Comte - $3,500 h. Georgia Byrne - $7,013 2. Approves the establishment of a RADF funding agreement for $25,000 (ex GST) from the 2020/21 RADF City of the Arts Hero Project grant to Cairns Writers Festival Inc. 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 agreements. carried unanimously 17. REQUEST TO HIRE MUNRO MARTIN PARKLANDS (XAVIER RUDD) ................................................................................................... 212 R Pappalardo | 79/4/1 | #6670354 EDEN / OLDS That Council approves the application for third party hire of Munro Martin Parklands for a ticketed music performance by artist Xavier Rudd. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
25 18. REVENUE POLICY ..................................................................... 217 M Wise | 63/2/9 | #6614100 COGHLAN / OLDS That Council adopts the Revenue Policy. carried unanimously 19. INDEPENDENT RATE RELIEF TRIBUNAL.................................. 223 Steve Crampton | 63/8/27-01 | #6667136v1 VALLELY / COGHLAN That Council Endorses the recommendations of the Independent Rate Relief Tribunal (IRRT) as contained in the minutes of the Tribunal meeting held on 3 June 2021. carried unanimously 20. FEES AND CHARGES ................................................................. 236 J Rillstone | 63/2/9-01 | #6669418 OLDS / COGHLAN That Council: 1. Adopts the 2021/22 Fees and Charges Schedule, effective from 1 July 2021 by: a. Fixing the cost-recovery fees as indicated in the 2021/22 Fees and Charges Schedule in accordance with section 97(1) of the Local Government Act 2009. b. Fixing all other fees and charges contained in the 2021/22 Fees and Charges Schedule. 2. Adopts the Financial Assistance for Not for Profit Organisations – Fees & Charges policy. 3. Delegates authority to the Chief Executive Officer to set or vary any fee or charge, other than those that are cost-recovery fees, in accordance with section 257(1)(b) of the Local Government Act 2009. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
26 21. FINANCIAL STATEMENTS FOR THE PERIOD ENDED 28 MAY 2021 ................................................................................................... 245 J Piercy | 63/17/2-01 | #6659097 COGHLAN / O’HALLORAN That Council notes the financial statements for the period ended 28 May 2021. carried unanimously 22. DELEGATIONS FROM COUNCIL TO CHIEF EXECUTIVE OFFICER – STATE GOVERNMENT LEGISLATION ....................................... 266 A Agius | 65/9/2-01 | #6656814 MOLLER / O’HALLORAN That all powers, referred to in this report, are hereby delegated by Council to the Chief Executive Officer of Cairns Regional Council pursuant to section 257 of the Local Government Act 2009. carried with Cr Eden & Cr Zeiger voting against the motion 23. COUNCILLOR ENTERPRISE BARGAINING ADVISORY COMMITTEE TERMS OF REFERENCE ....................................... 385 Christine Posgate | 65/9/1-01 | #6680261 Cr Olds and Cr James left the meeting at 10.40 am MOLLER / O’HALLORAN That Council: 1. Approves the establishment of a Councillor Enterprise Bargaining Advisory Committee (CEBAC) to provide advice and direction to management during the negotiation phase of Council’s Certified Agreement; 2. Approves the Terms of Reference for the CEBAC; and 3. Appoints the following Councillors to the CEBAC: Mayor (Chair) Cr Vallely member of Governance & Economics Chair of Governance & Economics Deputy Chair of Governance & Economics carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
27 Cr Olds and Cr James returned to the meeting at 10.44 am GENERAL BUSINESS 1. ESTABLISHMENT OF KIDNEY UNIT IN TOWNSVILLE The decision by the Queensland Government to establish a new Kidney Transplant Unit in Townsville ahead of Cairns was labelled as “despicable and appalling” by Mayor Bob Manning. We were originally told that Cairns had been slated to get this unit, but then we were told that people from the State Government got involved who were in favour of it being in Townsville – it became political. We took up the matter in support of a number of Indigenous councils and communities who indicated they found it hard to take the matter forward. As part of that, we did an analysis with clinicians from within the hospital and we were given assurances that the right place for this facility was in Cairns. Cr Manning said he was shocked to learn this morning of the decision to establish the kidney unit in Townsville. This decision is despite that clearly the greatest need is in this region – the facts support this. The facts: Cairns has the highest number of patients on dialysis in regional Queensland. The rate of growth of new patients requiring dialysis in Cairns is twice the national average. In 2018/2019, there were 56 transplant referrals from Cairns (one third of these were Indigenous patients). In 2019, Cairns patients had nearly triple the transplants than Townsville patients Cairns’ catchment is much larger than Townsville and includes the Cape and Torres Strait. Cairns Airport allows for quick and easy connectivity, including from PNG, with direct and frequent flights from most locations in Australia. The rate of chronic kidney disease among Indigenous Australians is seven times higher than for non-Indigenous Australians. CLOSED SESSION There are two items in closed session. These item relates to budgetary matters. Can I please have a mover and a seconder to move into Closed Session under Section 254J(3)(c) of the Local Government Regulations 2012. OLDS / O’HALLORAN #6680421 - Minutes – Ordinary Meeting 23 June 2021
28 COUNCIL RESOLVED TO GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA: 1. BUDGETARY MATTER – OUTSTANDING DEBT REPORT .............. 3 Steve Crampton | 63/8/31-01 | #6652308 2. BUDGETARY MATTER – OUTSTANDING DEBT........................... 22 L Whitton | 63/17/2-01 | #6670250 carried unanimously OUT OF CLOSED SESSION COUNCIL RESOLVED TO MOVE OUT OF CLOSED SESSION MOLLER / O’HALLORAN carried unanimously RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION. 1. BUDGETARY MATTER – OUTSTANDING DEBT REPORT .............. 3 Steve Crampton | 63/8/31-01 | #6652308 COGHLAN / MOLLER That: 1. Council notes the status of the outstanding debt owed to Council as of 28 May 2021; and 2. Delegates authority to the Chief Executive Officer to resolve all matters relevant to assessment 226753; and 3. Approves the write-off of: a. $69,199.00 for Regulated Parking Infringement Notice fines issued to 8 April 2021 that are considered unrecoverable; and b. $53,829.84 for Regulated Parking Infringement Notice fines that have been issued prior to 30 June 2016 and sent to the State Penalties Enforcement Registry and now considered unlikely to be recovered. carried unanimously #6680421 - Minutes – Ordinary Meeting 23 June 2021
29 2. BUDGETARY MATTER – OUTSTANDING DEBT........................... 22 L Whitton | 63/17/2-01 | #6670250 OLDS / O’HALLORAN That Council delegates authority to the Chief Executive Officer, in consultation with the Chair of Governance and Economics, in accordance with the Local Government Act 2009 to finalise any and all matters relating to the debts outstanding for the assessments listed subject to a contract for sale of the associated properties being settled prior to 30 June 2022 and demonstrates significant progress in the interim with three monthly progress reports back to Council. carried unanimously THE MEETING CLOSED AT 11.30 AM CONFIRMED THIS DAY OF 2021 ………………………… ………………………………………. MAYOR/CHAIR CHIEF EXECUTIVE OFFICER #6680421 - Minutes – Ordinary Meeting 23 June 2021
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