TABLE OF CONTENTS - Brisbane City Council Web viewThe 4436 meeting of the Brisbane City Council,...

MINUTES OF PROCEEDINGS

The 4436 meeting of the Brisbane City Council,held at City Hall, Brisbaneon Tuesday 27 MAY 2014at 2pm

Prepared by: Council and Committee Liaison OfficeChief Executive’s OfficeOffice of the Lord Mayor and the Chief Executive Officer

Dedicated to a better Brisbane


THE 4436 MEETING OF THE BRISBANE CITY COUNCIL,HELD AT CITY HALL, BRISBANE,

ON TUESDAY 27 MAY 2014AT 2PM

TABLE OF CONTENTS

TABLE OF CONTENTS_______________________________________________________________i

PRESENT:________________________________________________________________________1

OPENING OF MEETING:____________________________________________________________1

MINUTES:_______________________________________________________________________1

PUBLIC PARTICIPATION:____________________________________________________________1

QUESTION TIME:__________________________________________________________________4

CONSIDERATION OF COMMITTEE REPORTS:___________________________________________15ESTABLISHMENT AND COORDINATION COMMITTEE__________________________________________15

A REPORT OF THE AUDIT COMMITTEE MEETING ON 1 MAY 2014____________________________21B STORES BOARD SUBMISSION – LEASE AND OPERATION OF CITY POOLS______________________22

INFRASTRUCTURE COMMITTEE___________________________________________________________31A COMMITTEE PRESENTATION – PORTABLE SPEED WARNING SIGNS PROJECT UPDATE___________34B PETITION – REQUESTING A PEDESTRIAN SHARED ZONE IN HYNES STREET, FORTITUDE VALLEY___35

PUBLIC AND ACTIVE TRANSPORT COMMITTEE_______________________________________________36A COMMITTEE PRESENTATION – KEDRON BROOK BIKEWAY________________________________36

NEIGHBOURHOOD PLANNING AND DEVELOPMENT ASSESSMENT COMMITTEE____________________37A DEVELOPMENT APPLICATION (DISTRIBUTOR-RETAILER) UNDER SUSTAINABLE PLANNING ACT

2009 – MATERIAL CHANGE OF USE FOR CENTRE ACTIVITIES (HOTEL, MULTI-UNIT DWELLING, OFFICE, RESTAURANT, SHOP, SHORT-TERM ACCOMMODATION) – 186 WICKHAM STREET, 29 RANWELL LANE AND PART OF MEAD LANE, FORTITUDE VALLEY – FORWIN INTERNATIONAL INVESTMENTS PTY LTD AND DEPARTMENT OF NATURAL RESOURCES AND MINES_____________42

ENVIRONMENT, PARKS AND SUSTAINABILITY COMMITTEE____________________________________46A COMMITTEE PRESENTATION – WATERWAY HEALTH ENHANCEMENT_______________________46B PETITION – REQUESTING THAT A COMMUNITY NOTICEBOARD BE INSTALLED IN THE DOG OFF-

LEASH AREA AT DUNLOP PARK, CORINDA_____________________________________________47FIELD SERVICES COMMITTEE_____________________________________________________________48

A COMMITTEE PRESENTATION – RESURFACING OF CORONATION DRIVE______________________49BRISBANE LIFESTYLE COMMITTEE_________________________________________________________50

A COMMITTEE PRESENTATION – BRISBANE YOUTH WEEK__________________________________51FINANCE, ECONOMIC DEVELOPMENT AND ADMINISTRATION COMMITTEE_______________________52

A COMMITTEE PRESENTATION AND REPORT – NET BORROWINGS, CASH INVESTMENTS AND FUNDING (MARCH 2014 QUARTER)__________________________________________________53

CONSIDERATION OF NOTIFIED MOTION – Recommendations by the Queensland Ombudsman:_53

PRESENTATION OF PETITIONS:_____________________________________________________65

GENERAL BUSINESS:______________________________________________________________66

QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:__________________________________74

ANSWERS TO QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:________________________75

[4436 (Ordinary) Meeting – 27 May 2014]





[4436 (Ordinary) meeting – 27 May 2014]





PRESENT:The Right Honourable the LORD MAYOR (Councillor Graham QUIRK) – LNPThe Chairman of Council, Councillor Margaret de WIT (Pullenvale Ward) – LNP

LNP Councillors (and Wards) ALP Councillors (and Wards)Krista ADAMS (Wishart)Matthew BOURKE (Jamboree)Amanda COOPER (Bracken Ridge)Vicki HOWARD (Central)Steven HUANG (Macgregor) Fiona KING (Marchant) Geraldine KNAPP (The Gap) Kim MARX (Karawatha)Peter MATIC (Toowong)Ian McKENZIE (Holland Park)David McLACHLAN (Hamilton)Ryan MURPHY (Doboy)Angela OWEN-TAYLOR (Parkinson) (Deputy Chairman of Council)Adrian SCHRINNER (Chandler) (Deputy Mayor)Julian SIMMONDS (Walter Taylor) Andrew WINES (Enoggera)Norm WYNDHAM (McDowall)

Milton DICK (Richlands) (The Leader of the Opposition)Helen ABRAHAMS (The Gabba) (Deputy Leader of the Opposition)Peter CUMMING (Wynnum Manly)Kim FLESSER (Northgate)Steve GRIFFITHS (Moorooka)Victoria NEWTON (Deagon) Shayne SUTTON (Morningside)Independent Councillor (and Ward)Nicole JOHNSTON (Tennyson)

OPENING OF MEETING:The Chairman, Councillor Margaret de WIT, opened the meeting with prayer, and then proceeded with the business set out in the Agenda.

MINUTES: 669/2013-14

The Minutes of the 4435 meeting of Council held on 20 May 2014, copies of which had been forwarded to each councillor, were presented, taken as read and confirmed on the motion of Councillor Ryan MURPHY, seconded by Councillor Kim MARX.

PUBLIC PARTICIPATION:Mr Paul Quilliam – The building of Hummingbird House

Chairman: I would like to call on Mr Paul Quilliam who will address the Chamber on the building of Hummingbird House, Brisbane’s only children’s hospice. Orderly, would you please show Mr Quilliam in?

Mr Quilliam, you have five minutes; please proceed.

[4436 (Ordinary) Meeting – 27 May 2014]

Mr Paul Quilliam: Madam Chairman, LORD MAYOR and Councillors; my name is Paul Quilliam and I am the Managing Director of Queensland Kids. Our organisation is building the only dedicated stand-alone children’s respite and hospice facility in Queensland, to be called Hummingbird House. I take this time also to acknowledge my wife, Gabriel Quilliam, as the co-founder in the public gallery today.

When people think of palliative care or hospices, it is often synonymous with just the elderly. We represent a far different demographic of palliative care. We represent the 3,700 families in Queensland impacted by a child living with a life-limiting condition. These are children who are unlikely to make it to the age of 18 because of their illness.

It is timely that I address the Council Chamber about this exciting project for Queenslanders, given that this is National Palliative Care Week. This is a special week that celebrates the people who work in palliative care and the quality care they provide to people with a life-limiting illness, their families and their carers. These people, the nurses, GPs (general practioners), specialists, allied health professionals, volunteers and family carers are our unsung heroes supporting Queenslanders and Brisbanites through one of the most difficult moments in their lives with respect, dignity and care.

It’s an opportune week to come here and bring an update on the first Hummingbird House to be built right here in Brisbane, with the second facility to be built in the Townsville area to accommodate the State’s vast geographical expanse. At the moment Brisbane families have to travel down to Bear Cottage in Sydney, one of only two children’s hospices in Australia. There are 49 in the UK, with less than three times Australia’s population. This figure suggests that there should be three or four in Queensland. Sadly, there are none.

After two and a half years of continued advocacy for Queensland families, July last year saw State and Commonwealth Governments commit $5.5 million each over seven years for this crucial project, totalling $11 million in all, 50 per cent of the overall project build and operating costs.

The exciting news is that we are progressing well with our fundraising to match the State and Commonwealth Governments’ commitment to Hummingbird House. With this advancing well, we hope to be in a position to lodge a development application with Brisbane City Council as soon as July or August this year, with the facility opening towards the end of 2015.

While this is a tremendous outcome for State and Commonwealth Governments committing funding to Hummingbird House, to see Queensland’s only children’s hospice established, I want to express my appreciation to the many councillors here in the Chamber today whom we have personally met with to share the vision of Hummingbird House for many very special families and children in their own wards, and who have also shown us support and a willingness for Brisbane City Council to assist in some way to see this crucial project delivered.

From the moment we first met with the LORD MAYOR some years ago to talk about Hummingbird House, we have genuinely found encouragement and support from Brisbane City Council to stand by us and to be proud that this first Hummingbird House will be delivered soon to meet the needs of so many families and children here in Brisbane and Queensland.

I want to specifically thank the LORD MAYOR, Councillor WYNDHAM, Councillor MATIC, Councillor ABRAHAMS, and our own Councillor HOWARD, and Councillor OWEN-TAYLOR. While Hummingbird House values the embrace of all three levels of government support to see this vision realised, it will be the community that largely responds to seeing this first Hummingbird House built in Brisbane. I thank again Councillor OWEN-TAYLOR who more recently has been encouraging and is supporting one of her own constituents who is out there raising awareness and money for Hummingbird House.


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In conclusion, I am also pleased to announce that Hummingbird House is hosting the 24th World Congress of Children’s Hospices International at the end of 2015. A great result for the International Paediatric Palliative Care community which will also showcase this incredible city of Brisbane and a children’s hospice that Queenslanders and Brisbanites have helped build. This will be a special project, that Queenslanders will be proud of, that Brisbanites will be proud of in supporting those families that should need Hummingbird House now, and for those special kids that should ever need it. Thank you.

Response by Councillor Krista ADAMS, Chairman of the Brisbane Lifestyle Committee

Chairman: Would you like to just take a seat for a moment. Councillor ADAMS, would you like to respond?

Councillor ADAMS: Thank you, Madam Chair. Thank you, Mr Quilliam, for coming in this afternoon and updating us on the status of Hummingbird House. It is very exciting by the sounds of it, this project coming very soon to Brisbane. You and your wife as well are to be commended on your efforts through Queensland Kids.

I did a bit of research and I see that there’s 3,700 Queensland children that are affected by life-limiting disease, and I think they deserve the option of being able to access a place like Hummingbird House, respite and hospice, in Brisbane, in Queensland, rather than having to travel to Sydney. So that is a fantastic outcome from Queensland Kids.

Hummingbird House, as you said, is going to provide that comfortable surroundings, the medical care, a home away from home for our children in Brisbane, and I think more than anything that support for those volunteers and the carers and the family that need that extra work when they’re going through such a difficult time in their life. I am excited about the tailored needs that you’re going to have there, so obviously you’ll have very young children right up to the young adults as well, and I think it being linked very closely to the Royal Brisbane Hospital is a fantastic outcome for residents in Brisbane.

I also note that you mentioned National Palliative Care Week, which is actually this week, and I think it is a great opportunity for you to spread the word to our councillors so we can all Facebook it and make sure that awareness is out there, that palliative care is everybody’s business. I think we all will be touched by it, if not already, at some time in our life, whether that is as actually ourselves or as a patient, as a carer, as a family member, even your neighbours as well. We all need to take responsibility to look after those who need help in our community.

I think having just done some work on a Thankyou Day that is coming up shortly, it is time to say thank you to all those unsung heroes that do that work in that community and provide respect, dignity and care for those who are going through this difficult time as well. Obviously Hummingbird House also has some strong links with Brisbane City Council, and LORD MAYOR Graham QUIRK’s commitment to access and inclusion.

Can I suggest to you that you join Brisbane City Council through My Community Directory. Get online through that website; it is a fully accessible website where we try and make connections through networks within the community. It has special areas within that website, including health and specialist care. I think you’d get a lot out of being able to network within Brisbane and Queensland with other groups that do the same type of similar work. You may be able to connect with them and they may be able to recommend people to Hummingbird House as well.

As well as giving you a profile, it will also give you some information about events and opportunities, and possibly grants that we deliver through the Lifestyle Committee as well. So I’d love to speak to you afterwards about how to get linked on to My Community Directory. Thank you again for your work in this Hummingbird House and palliative care. We really appreciate the time you took this afternoon to share that with us.

Chairman: Thank you very much. Thank you, Orderly.


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QUESTION TIME:

Chairman: Are there any questions of the LORD MAYOR or a Chairman of any of the standing committees? Councillor WINES.

Question 1

Councillor WINES: Thank you, Madam Chairman; my question is to the LORD MAYOR. Tomorrow night we will see Brisbane host the first State of Origin game of 2014 between Queensland and New South Wales. There is a great deal of sport coming over the next five weeks, including the Rugby Union International Test between Australia and France, as well as the Reds and the Highlanders; there will also be two home games for the Broncos and three home games for the Lions. Not only is there football, but the Brisbane Winter Racing Carnival will also be occurring with the Stradbroke Handicap. Can you please outline what all this amazing sporting activity in the city will mean for our local economy?

LORD MAYOR: Well, thanks very much, Madam Chairman, and I thank Councillor WINES for the question. Today we launched the Show Your Colours campaign, and this is another opportunity for Brisbane people—and indeed visitors to our city—to get into the spirit of what winter has to offer for Brisbanites and for people not only from across the State but indeed the interstate visitors that will be here as part of the array of events that will be held over the next couple of months.

Councillor WINES has mentioned the fact that the Stradbroke Handicap will be coming up. That is true. We will also have Oaks Day as part of the winter racing festivities that are on around this time. And this morning we also had the opportunity to judge the various buses that were on display. Each of the bus depots get into the spirit of Show Your Colours .They become party to this event to give commuters to this city an opportunity to share in some of the excitement around State of Origin fever, and they have all decked their buses out in various State of Origin colours. Carina this year was the depot successful in terms of the presentations on board, but I congratulate all of the depots and the staff there for the effort that they have put in.

This is not just about sport. It is not just about colour. It is really about an opportunity for the economic dynamics of Brisbane to come to the fore again, and there are a spectacular range of events in which people can get involved. But it does mean, obviously, that it draws a significant number of visitors to our city.

I don’t know this year that we are going to exceed what happened last year. We had the great British Irish Lions event last year taking on the Wallabies. Last year we of course saw around 70,000 visitors to our city, and $17 million of investment in one month alone. That, of course, probably is going to struggle to be surpassed this year. That said, we do have two State of Origin matches that will bring a significant number of visitors to the city. The 100th game of State of Origin is being celebrated this year as well.

But on top of that, we are not just celebrating events that are held here. There will also be other events. For example, we will be using the screens in King George Square to allow people the opportunity to get engaged in the World Cup, for example. So that is something else, together with The Courier-Mail Piazza at Southbank; that will be another venue that will be opened up. Various venues around the city will be demonstrating their colours, showing their colours, getting the atmosphere set to make sure that visitors who are coming to our city can feel that spirit, can feel the liveliness and the energy in our city of Brisbane.

It all helps—when we are a city on display—to be able to show the enthusiasm that we know our people hold for sport in this city, and that they get into the spirit in the wonderful winter weather that we are able to have and willing to


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share with our southern counterparts as they go through the freezing months over the next two to three-month period.

There is a number of events. I have mentioned State of Origin. Also the Queensland Reds and the Highlanders. Councillor WINES, they will be playing there at Suncorp Stadium on 30 May. We are going to have Brisbane Lions versus Carlton on 31st, and then the Broncos and the Sea Eagles on 1 June. So there’s hardly a day goes by where there’s not something happening in this city. Then, of course, you can back up with the Oaks Day and then the following week Stradbroke Handicap as far as the winter racing carnival is concerned.

So, Madam Chairman, I just invite councillors also, and encourage them to show their colours, to get involved, as we do, and businesses right across this city. The hotel visitations last year were very, very significant. It made a great deal of difference to our city, and it will again this year, and it is important as we face this winter of sport in our city that we get all of that energy and colour demonstrated and make our visitors very welcome. May the best team win; we know that will be the Maroons in 2014.

Chairman: Councillor DICK.

Question 2

Councillor DICK: Thank you, Madam Chair; my question is to the LORD MAYOR. Your DEPUTY MAYOR ordered a yellow no-stopping line be painted outside the Banyo home of the family of Campbell Newman’s Chief of Staff against the advice of Council’s Transport Planning officers. Councillor SCHRINNER has claimed there was no political favouritism, even though all previous requests for yellow lines across driveways around the same location were rejected, and eight weeks after this one yellow line was painted, no other yellow lines have been painted across driveways for people who have since requested them at Banyo. LORD MAYOR, will you conduct an open and transparent investigation to satisfy residents that Councillor SCHRINNER hasn’t been involved with political favouritism to a person with strong LNP connections?

LORD MAYOR: Madam Chairman, I thank Councillor DICK for the question, but Councillor DICK, it was indicated last Friday night that I wouldn’t be holding an inquiry into this matter. I don’t believe that it warrants an inquiry. But I did note that Councillor FLESSER at that time indicated that, if that wasn’t to be the case, that he would be referring the matter to the CEO for an inquiry and investigation through the CMC (Crime and Misconduct Commission).

It is now Tuesday afternoon, I am assuming, given that my statement was out there on Friday night, that that has already happened, and I am assuming that that is the case, in which case it would be inappropriate for me to make further comment in relation to that matter.

Chairman: Further questions; Councillor OWEN-TAYLOR.

Question 3

Councillor OWEN-TAYLOR: Thank you, Madam Chairman; my question this afternoon is to the Chairman of Finance, Economic Development and Administration Committee, Councillor SIMMONDS. We are two years into this Administration. Can you please detail, for the benefit of the Chamber, what successes have occurred in your portfolio, and detail the benefits that have accrued for the city of Brisbane and our residents?

Councillor SIMMONDS: Thank you very much, Madam Chairman, and thank you to Councillor OWEN-TAYLOR for the broad question. I have spoken a number of times in the last couple of weeks about the need for responsible and sound financial management that this Administration pursues. So, not to neglect something that is equally important to this Administration, to Council and to the city as a whole, Councillor OWEN-TAYLOR, I take your question very kindly and would like to update the Chamber about the great strides that are being made to promote economic development in this city, thanks to this Administration’s commitment to economic development in the 2013-14 budget.


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Here, we know that this is a particular contrast between this Administration and the Labor Councillors on the other side. For once, their policy is clear, particularly on this issue, that they will abolish any funding for economic development in this city. They voted against it in the 2013-14 budget, and they made it clear that they would abolish Brisbane’s economic development agency which supports Brisbane residents. So I thought it timely that this Chamber know not only what the funding that this Administration is providing is achieving, but what wouldn’t be achieved under the Labor councillors opposite.

Firstly, to international students, which we must remember is Brisbane’s largest export industry, with the help of this Council’s investment, our city has supported more than 75,000 international students in the last calendar year, that being 2013. This injected an estimated $5.1 billion to the Brisbane economy and generated an estimated 20,000 jobs. To put that in perspective, that number of international students in Brisbane has more than doubled since 2003—Labor’s last year in Administration.

The Study Brisbane program—you’d all know that quite well—includes the Brisbane International Student Ambassador program, and this year we picked 36 international student ambassadors from over 248 applications who, combined, have a social media following of more than 25,000 people.

I can report fantastic results in conventions as well. The conventions team have already surpassed their yearly target, with over $60 million worth of conventions secured for Brisbane this year alone. These include the Public Relation Institute of Australia National Conference 2014, the Australasian Society for Psychiatric Research 2015 conference, and the Asia-Pacific Model United Nations Conference 2014.

The CBD Christmas program—a very successful program—particularly with the new introduction of the City Hall lights spectacular, delivered some $46 million in economic value, particularly to the retailers in the heart of our CBD. The Brisbane Greeters program continues to flourish. They’re on track to reach over 150 volunteer greeters by the end of this financial year, and will complete 4,000 visitor greets by the end of the financial year. This is a very perfect example of how we are welcoming visitors to our city with open arms, and how we are going above and beyond to make them feel welcome.

The Leisure Tourism team to date has achieved $38 million in economic value, with the new Give Me Brisbane Any Day campaign, coinciding with strong growth in domestic holiday visitors, which are up 14.3 per cent, and international holiday visitors up 6.2 per cent—again, an excellent result for our city.

The Digital Brisbane team have already held face-to-face sessions this year alone with over 4,529 businesses in our city. Hotel developments we know is another economic development element that in particular our Lord Mayor Graham QUIRK has given a focus to. Over the past five years, Brisbane’s trading hotels have witnessed strong growth, with 13.8 per cent and 10.2 per cent increases in average daily rates and revenue per available room respectively. But of particular note is Brisbane’s hotels have undergone more than $88.5 million worth of refurbishment and upgrades in this past financial year alone.

The Valley, likewise—Councillor HOWARD, you would be aware of this Administration’s focus on the Valley, including a $4 million upgrade of Brunswick Street Mall. Thanks to that and other measures, we now have a development pipeline for the area valued at over $1 billion.

Our investment in economic development in this city drives new investments, and it drives new jobs for the whole of our city. In contrast, we know how out of touch the Labor councillors are with Brisbane businesses. In fact, as I said, for once their policy position on this matter is clear: they don’t support this Council investing in the economic development of our city.


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With the 2014-15 budget fast approaching, this Chamber can be assured that the Administration will remain committed to supporting local businesses and the economic growth of our city.

Chairman: Councillor SIMMONDS, your time has expired; thank you. Councillor DICK.

Question 4

Councillor DICK: Thank you, Madam Chair; my second question is to the LORD MAYOR. At this morning’s Infrastructure Committee meeting, Councillor SCHRINNER said Council officers conducted an on-site inspection before the yellow line was painted at Approach Road, Banyo, the only line currently in that street. However, documents released under RTI (Right to Information) in the public arena clearly indicate that no on-site inspection occurred before the yellow line was painted.

Did Council officers really conduct an on-site meeting before the yellow line was painted outside the home at Banyo, or are the RTI documents correct which indicate the line was painted without an on-site inspection after Councillor SCHRINNER gave the order?

LORD MAYOR: Madam Chairman, I thank Councillor DICK for the question. In relation to the yellow line, firstly, can I say, having looked at the property concerned, it is my view that a yellow line is certainly very justified at this location. In relation to the issue of an inspection, my understanding is that an inspection did occur. There is, of course, more than one officer who works in the particular area around signs and lines.

I just give a little history, if I may, in relation to this issue of signs and lines in our city. The fact of the matter is we reduced our expenditure around signs and lines quite significantly during the course of the post-January 2011 flood event. There were a lot of things that we know we had to trim over that period following the $100 million hit that this city confronted. That was equivalent to around 12 per cent of rates for this city.

So, the fact of the matter is that—

Councillors interjecting.

Chairman: Order.

LORD MAYOR: —over the last couple of months, we have, as a Cabinet, in discussion decided to be a bit more relaxed in relation to our approach. We think we were being too hard in relation to saying no to yellow lines, and people will see across this city that there are more and more yellow lines now being put out there.

Councillor interjecting.

Chairman: Order. Just a moment, LORD MAYOR. Councillor FLESSER.

LORD MAYOR: Councillor FLESSER, again, I am not going to say too much about this individual property because my understanding is that Councillor FLESSER, given your statement on Channel 9 last night, where he said, ‘If the Lord Mayor is not prepared to investigate this matter properly, I’ll be referring it to the Council’s Chief Executive Officer for CMC investigation.’ Now, I indicated on Friday night that an investigation would not be occurring, so I can only assume that Councillor FLESSER—that was out there in the media last Friday—has now lodged that matter for investigation, and therefore it is inappropriate for me to say any more about it.

Chairman: Further questions; Councillor HUANG.

Councillor DICK: Point of order, Madam Chair.

Chairman: Point of order; yes, Councillor DICK.


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MOTION FOR SUSPENSION OF STANDING RULES:670/2013-14

At that time, Councillor DICK moved, seconded by Councillor FLESSER, that the Standing Rules be suspended to allow the moving of the following motion

That this Council condemns the Lord Mayor for his decision not to undertake a full, independent and transparent investigation into the serious allegation of political interference by Councillor Adrian SCHRINNER in painting a yellow line outside a home in Approach Road, Banyo.

Chairman: Councillor DICK, you have three minutes to establish urgency only.

Councillor DICK: Madam Chair, thank you for allowing me to move this motion. I move it today to remove any skerrick of doubt that there is political interference in the way that decisions are made in this organisation. We have just heard from the LORD MAYOR in responding to my questions today regarding RTI information, that information released to the public may not be accurate. It is urgent that this Council condemns the LORD MAYOR of Brisbane, Graham QUIRK, for his potential role in a cover-up on these serious allegations that have been made.

It is urgent because the ratepayers of our city, in Approach Road, in Banyo, across our whole city, deserve to know that decisions are made not for whom you know but the decisions on what they need.

Councillor WINES: Point of order, Madam Chairman.

Chairman: Point of order against you, Councillor DICK; yes, Councillor WINES.

Councillor WINES: Councillor DICK is debating the motion, not the case for urgency.

Chairman: Yes, I agree, Councillor WINES. Councillor DICK, you are supposed to be explaining why it is urgent that this be dealt with right at this moment in time.

Councillor DICK: Thank you, Madam Chair. It is urgent—

Chairman: Not the motion.

Councillor DICK: That’s fine, Madam Chair. It is urgent on the second point today—we have just heard from the LORD MAYOR there has been a change in policy and approach by the Civic Cabinet in secret that the way lines will be made outside people’s homes, a decision that is made—

Councillor WINES: Point of order, Madam Chairman.

Chairman: Point of order against you, Councillor DICK; yes, Councillor WINES.

Councillor WINES: It is the same point of order as earlier, Madam Chairman; Councillor DICK continues to defy your direction.

Chairman: Thank you, Councillor WINES. Councillor DICK, back to the urgency, please.

Councillor DICK: Yes, to conclude my point, Madam Chair, it is urgent that the ratepayers have confidence that, if there is a change of policy, that there is a directional approach by this Council that they know about it, not done in secret, to remove any doubt that there has been political interference in this yellow line that has been painted outside one property in Banyo.

Madam Chair, it is not good enough that this Council engages in some sort of cover-up or some sort of—

Councillor OWEN-TAYLOR: Point of order, Madam Chair.

Chairman: Urgency, Councillor DICK, please. Yes, point of order against you; yes, Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Madam Chairman, Councillor DICK’s comments were actually imputing motive. I seek your ruling.


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Chairman: Councillor OWEN-TAYLOR, I think a fair bit of what Councillor DICK has said has been imputing motive in relation to this Administration and Civic Cabinet. I think it is going close to the line. You are to establish urgency, Councillor DICK.

Councillor DICK: Madam Chair, I withdraw if any Councillor finds offence. However, I am offended by the fact that this Council and this LORD MAYOR won’t reveal why they made that decision. Ratepayers deserve to know exactly the process behind this.

Chairman: Urgency, Councillor DICK.

Councillor DICK: The LORD MAYOR in Question Time today refused point blank to have an investigation. Well, I call on Graham QUIRK: do the right thing—

Chairman: Councillor DICK, refer to the LORD MAYOR appropriately, please.

Councillor DICK: Sure, Madam Chair; I refer to the LORD MAYOR of this city, Councillor Graham QUIRK, to do the right thing. If they’ve got nothing to hide, have the debate now. If they’ve done nothing wrong, answer the questions. If they have not misled the people of Brisbane, now is the time to do that so any doubt can be removed. Now is the time for the LNP to put up and actually explain exactly what they want.

It is urgent because the ratepayers deserve explanations that favours aren’t done because of who you know; they’re done because of need and actual outcomes for the people of Brisbane.

Chairman: I will put the motion for the suspension of the Standing Rules to allow an urgency motion.

The Chairman submitted the motion for the suspension of the Standing Rules to the Chamber and it was declared lost on the voices.

Thereupon, Councillors ABRAHAMS and DICK immediately rose and called for a division, which resulted in the motion being declared lost.

The voting was as follows:

AYES: 8 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON, Shayne SUTTON and Nicole JOHNSTON.

NOES: 19 - The Right Honourable the LORD MAYOR, Councillor Graham QUIRK, DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, David McLACHLAN, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES and Norm WYNDHAM.

Question Time continued

Chairman: Further questions; Councillor HUANG.

Question 5

Councillor HUANG: Thank you, Madam Chair; my question is to the Chairman of the Public and Active Transport Committee, Councillor MATIC. Following from your committee presentation last week, regarding Kedron Brook Bikeway, could you please advise the approval process for bikeways; in particular, could you advise if local Councillors are consulted and whether you follow their guidance?

Councillor MATIC: Thank you, Madam Chairman, and I thank Councillor HUANG for the question. This Administration has a very clear plan about delivering bikeways across our city in an integrated way, a network that provides that connection between the suburbs and the city. Why? Because, as part of our vision, we want to make sure


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that we provide alternative choices for people to get around not only in their day-to-day activities, and for their recreation, but importantly also in their commute.

This Administration is on about a clean and green city, so we want to see more people walking; we want to see more people cycling. In order to achieve those outcomes, we have undertaken strategic work, significant work, in that space to make sure that we are planning for the future. As part of that process, we are delivering real outcomes through our Better Bikeways for Brisbane program, through our Active Communities program. There are councillors on both sides of the Chamber here today who have been part of that process.

Councillors on both sides of this Chamber have provided their input into that process, particularly, for example, in the Active Communities program. Councillors have been consulted at great length around the program, its outcomes, the consultation process through the general public, and also their thoughts around the infrastructure that eventually comes out of that consultation, and then, of course, the delivery.

Also, as part of that process, in the Better Bikeways program, there are a number of large scale projects that we have engaged with and consulted with local councillors in, to get better outcomes and get their feedback around those particular projects. That is why this program continues to be so successful, because we are working to achieve a broader outcome and obtaining the feedback from local councillors and officers in respect of that process, and ultimately local residents. Because, by being able to do that, we are providing better and better outcomes.

It is with interest that I find that there are some councillors in this Chamber who do not wish to be part of that process. It is quite disappointing that I hear, particularly from councillors opposite, and one in particular who has been very vocal in her feedback around an improvement around the Eleanor Schonell Bridge in Dutton Park, Councillor ABRAHAMS. She has said in this Chamber of that particular upgrade, to which the LORD MAYOR has made a commitment, that she does not support it. She feels that the money that is being allocated to that project is actually a waste of money.

Councillor ABRAHAMS, who stands first and foremost of all ALP councillors and opposition councillors around supporting bikeways, bikeway networks, does not support this project. Or does she? I don’t know, Madam Chairman, because the councillor isn’t being clear on the process. She has gone out publicly within her newsletter saying that she does not support the project because she thinks it’s a duplication, because she thinks it’s a waste of money.

Yet, quite clearly, the project has huge advantages for the local community. But Councillor ABRAHAMS continues to flip-flop on the issue, providing no clarity on whether she actually does, or whether she’s just playing political games on this important issue. This particular upgrade that we are talking about is an integral part of the continual upgrade along the Veloway and along the Eleanor Schonell Bridge. But Councillor ABRAHAMS continues to be non-committal on this project.

It is interesting to note that this project—of which $1 million is allocated in this budget—will provide an enormous benefit to locals, yet Councillor ABRAHAMS has come up with an alternative solution. When you talk about proper fiscal management, all you need to do is look to this side of the Chamber. Those opposite I am sure have no idea what I just mentioned, but this side of the Chamber clearly understands that point. We are prepared to invest $1 million to provide an upgrade along that key corridor for the ever-increasing number of cyclists, from the university and local residents, to get to where they want to safely along Annerley Road; Councillor ABRAHAMS doesn’t.

In fact, Councillor ABRAHAMS’ solution is not to spend $1 million; it is not to find an alternative solution within the budget that we have; it’s not even, should I say, perhaps to spend slightly more than that, because of the solution that she is seeking. No, Madam Chairman; Councillor ABRAHAMS would disregard the


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$1 million and go and spend $6 million. $6 million to build something that would suit herself, without properly reflecting on the fiscal responsibility, the affordability of it, and how we can get better bang-for-buck on the existing infrastructure that is there. That is what Councillor ABRAHAMS is doing.

At the moment, this project is on hold because of Councillor ABRAHAMS’ political game-playing. I say to Councillor ABRAHAMS in this Chamber: tell us what you really want to do. Tell us clearly in writing, to me: do you support this project going ahead or do you not, because if you do not support it, Councillor ABRAHAMS, then it will not proceed.

Chairman: Thank you, Councillor MATIC. Further questions; Councillor DICK.

Question 6

Councillor DICK: Thank you, Madam Chair; my question is to the LORD MAYOR. On 5 March last year, you said some 12 months ago, ‘I will not support privatisation of buses. I have held a consistent position that no, I do not support the privatisation of Council’s bus fleet.’ In the lead-up to the State and Council budgets, given your claimed strong views against any privatisation, will you give a guarantee to oppose any moves by the State Government to privatise or even partly privatise any of our bus services?

LORD MAYOR: Thanks very much, Madam Chairman, and I thank Councillor DICK for the question. I don’t think that I’ve ever said that I don’t support any privatisation.


Chairman: Order.

LORD MAYOR: No, no, hang on, let’s be clear; let’s be clear here.

Chairman: Councillor SUTTON.

LORD MAYOR: Councillor DICK’s question was premised around buses, and then he threw in a little line there about ‘I don’t support privatisation’, with the inference of any sort, at any time. Can I say that, with regards to the bulk of his question, around, do I support the privatisation of Brisbane buses, no I don’t. That’s always been my position. It was my position back then. I wouldn’t have said it at that time if I didn’t believe it, and I say it again today. That’s the position.

Can I just say this: all Administrations—Labor included—have at times put out parts of the Brisbane bus service for operation by private services. That has occurred, and it has occurred on the basis of making provision for expanding Brisbane Transport operations in some locations where we provide the buses and where private transport operators have provided the service. That is not something brand new. That has been happening for a long period of time, going right back through the Soorley years included.

But, in a context of: should Brisbane Transport be privatised? Absolutely not. That has always been my view. But it is our task, Councillor DICK, and this is what I will say to you: it is our task to make sure that we get the Brisbane Transport as efficient as it can be. It is not a case of an open cheque book; it never will be. That is why, in spite of all of the nonsense that was thrown at us when we undertook a review of Brisbane Transport last year, that Labor were trying to suggest that, because of service changes, there would be mayhem in the city. As we all know, the patronage went up in Councillor DICK’s own ward—in his own ward. It went up in Brisbane—


Chairman: Order.

LORD MAYOR: Well, it did, Councillor DICK. It went up—


Chairman: Councillor DICK.

LORD MAYOR: It went up, Madam Chairman, because we had a better approach in terms of the service delivery out there, and patronage rose, which meant to say that we were


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able to save money for the ratepayers of this city, and also provide what was clearly a better outcome, the fact that more people were catching buses. So, again, it’s a case of Councillor DICK being all blub and bluster, but at the end of the day, the numbers were on the board, very clear for all to see.

Again, the question is interesting in its framing. The question, through those few little words there in middle, about not being supportive of any privatisation of any sort—no, you will never get me to say that. But I have said, and I will again, as I have said today, that Brisbane Transport, as an entity—I believe it is a great entity—it has its place in Brisbane. It has served Brisbane well for a long, long time, but we will as an Administration, continue to forge as great an efficiency within that organisation as we can, understanding that it needs to be efficient. It needs to be efficient because we need to provide the best value for money to the ratepayers of this city as we possibly can. That is in stark contrast to a Labor opposition who simply want to throw more dollars at every issue, forgetting about the competition aspects of it, forgetting about the efficiency aspects of the organisation. They simply think that, by throwing more dollars at it, creating more services regardless of whether they are needed or not in a particular location, is the answer. That is why the Australian economy, the Queensland economy, is in such a mess because of that Labor approach to doing business. They cannot govern. They are great in opposition; they are hopeless in government. It always has been so, and that is why so often governments of the political persuasion of this side of the Chamber, are left to clean up Labor economic messes time and time and time again.


Chairman: Order.

LORD MAYOR: They can groan, but the history speaks for itself; the record is there to speak for itself.


Chairman: Order.

LORD MAYOR: We will always on this side try to continue to drive efficiency in relation to our expenditure.

Chairman: Further questions; Councillor HOWARD.

Question 7

Councillor HOWARD: Thank you, Madam Chairman; my question is to the Chairman of the Neighbourhood Planning and Development Assessment Committee, Councillor COOPER. The draft new City Plan has been the biggest planning exercise undertaken by this Council in more than a decade. Can you please provide an update on what the next steps are for the draft plan, including details on community and industry consultation?

Councillor COOPER: Thank you very much, Madam Chair, and thank you very much, Councillor HOWARD, for your question. There has been a huge activity on this particular front. We have seen more than 50,000 website hits on new City Plan. We have had more than 20,000 fact sheets that have been downloaded. There have been more than 80 information kiosks held across the city, and more than 30 Talk to a Planner sessions. Those have been attended by over 3,000 residents and community groups. Of course, we have had two citywide mail-outs to more than 400,000 households in Brisbane. There have, of course, been approximately 2,700 submissions that have been received. And, of course, two weeks of debate. So what is the next step for draft new City Plan?

The LORD MAYOR advised the Council Chamber last Tuesday that the Minister has now signed off on the draft plan, and has sent that back to Council to progress through to the next stages, which of course is adoption and then commencement. So I am pleased today to provide a detailed update to the Chamber on those next steps, certainly for making sure that this new City Plan is one that really is well understood by the community and particularly those who will be using it.


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Next week Council will be hosting a week of detailed information sessions for planning professionals and the industry on new City Plan. Starting on Monday 2 June, all of this information is on Council’s website for those who are great fans of draft new City Plan. The first session will be an overview of the plan. Across five sessions on Monday, topics will be discussed and detailed information provided on the strategic framework, the priority infrastructure plan, through to infrastructure design, planning scheme policy, biodiversity and waterways.


Councillor COOPER: And a great fan we have with Councillor BOURKE. Each day of next week planning professionals and members of the industry can come along to one or all of the sessions of their choice. In between sessions, there will be rooms set up with information about the plan, where planning professionals can go and find out more information about the plan, as well as other initiatives that Council has to bust red tape, such as PlumbSMART and SealSMART.

We have certainly seen a lot of interest with many RSVPs coming in very quickly for people to understand how they can seize that opportunity to reduce red tape, streamline processes and reduce holding costs. Council will also be holding Talk to a Planner sessions dedicated for residents to come along and talk to Council planners, traffic engineers, heritage officers, our waterways and environment officers to find out more about the plan.

I know Councillor ABRAHAMS is very supportive of this type of consultation, as she said on her website—and I quote: “these sessions are excellent, if you have a specific question to be answered.” So great endorsement from Councillor ABRAHAMS—


Chairman: Order.

Councillor COOPER: Unfortunately, in stark contrast, Councillor DICK talked about the consultation but did not attend one single one of the 34 Talk to a Planner sessions, even when they were actually held in his own ward. We also had them here in City Hall, for when he might be at the gym in town; he could have popped in to find out more about draft City Plan. We know he didn’t go along to that Neighbourhood Planning session that was also held in his own ward the other day—


Chairman: Order.

Councillor COOPER: So, there’s all sorts of opportunities. The first two sessions for residents will be held here in City Hall on 6 August so workers can come along during their lunch hour to ask questions or after work if that suits them best.

The first session will be from 12 to 2pm and then 5 to 7, and then we will be going out in November to Kedron Wavell Services Club. There will be a range of sessions that will be available for people to come along and find out more about draft City Plan next year as well. So, thank you very much to Councillor HOWARD about the exciting next stages of the draft New City Plan in terms of how this Administration will continue to undertake best practice industry and community consultation. Thank you very much.

Chairman: Further questions; Councillor DICK.

Question 8

Councillor DICK: Thank you, Madam Chair; my question is to the LORD MAYOR. Will you guarantee that none of the 3,000 Brisbane Transport employees would lose their job if there was partial or full privatisation of Brisbane Transport, or as you say, the non-bulk part of Brisbane Transport?

LORD MAYOR: Madam Chairman, what Councillor DICK is suggesting is that if he was LORD MAYOR, and somehow or other the operations of Brisbane Transport closed down, that he would keep on 3,000 bus drivers, doing nothing, sitting in a corner twiddling their thumbs. That is what he is proposing today. This man wants you


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to trust him with his rates into the future. That is what he is suggesting in that question. It is a ludicrous question and it deserves to be treated with the contempt in which the question is asked.

Chairman: Further questions; Councillor KING.


Chairman: Order.

Councillor KING: Thank you, Madam Chair; my question is to Councillor Bourke.

Chairman: Just a minute, Councillor KING. When there’s quiet, we will continue. Thank you, Councillor KING.

Question 9

Councillor KING: Thank you, Madam Chair; my question is to Councillor BOURKE. I understand that Council has just completed the new CBD All Abilities playground, as well as granting the Wise Foundation a new lease to operate the City Gardens Café in the City Botanic Gardens. Can you please notify the Chamber of any other important activities that are occurring across our city gardens?

Councillor BOURKE: Thanks very much, Madam Chairman, and I would like to thank Councillor KING for the question. Councillor KING, as you know, the CBD Botanic Gardens are some 18 hectares of parkland with 1.2 kilometres of river frontage. It is a unique and treasured park in our city, and it is our own Hyde Park or our own Central Park, and it serves its role in our city very well as an oasis and a place where residents and workers can go and relax and enjoy the green open spaces. Many in this Chamber probably wouldn’t know that it was established in 1828, and it was our first public garden in the State of Queensland. So it is obviously a place of great historical and heritage significance, not only to the city but indeed to the state.

The actual Botanic Gardens itself was officially opened in 1855, so that means that next year we will be celebrating a birthday in the CBD gardens, and that was the year that Walter Hill was appointed as our first Superintendent taking care of the gardens. He undertook an active and extensive planting and experimenting program, trialling crops and plants from across the world, to see how they would grow in our subtropical climate. He is credited with introducing mangoes, pineapples, paw-paws, custard apples, sugar cane, tobacco, ginger, coffee, as well as many types of nuts and grapevines to Queensland, and doing trials and tests to see how those plants responded to the growing conditions that we have here in Queensland.

On top of that, Madam Chairman, Mr Hill also undertook some of the large early plantings of ornamental plants across the parkland. In later years, there have been many redevelopments of the actual gardens, the inclusion of additional facilities, but one of the largest was actually in 1987 where we saw the building of the information centre as well as a major upgrade to paving, as well as the converting of the former curator’s residence into a restaurant. Following that, in 1989, there was the construction of Riverstage as well as significant other plantings.

So, having understood all of that history of our City Botanic Gardens, what can you do when you go to the City Botanic Gardens? I want to take this opportunity to say a very big thank you to all of the volunteer guides who run those twice-daily walks through the City Botanic Gardens, between 11 am and 1 pm, Monday to Saturday, and it is a gentle, easy walk. I encourage all councillors in your lunchtime, when you’re in here on a Tuesday or any other day, maybe to pop down to the gardens and take one of those guided walks around.

Obviously we have the new CBD All Abilities playground in the City Botanic Gardens; we have the Chairs to Share as well operating down in the CBD gardens, along with the Wise Foundation Coffee Cart. On top of that, we have the bamboo grove, the weeping fig avenue, Riverstage, as well as the ornamental ponds. I remember as a small child running around the ornamental ponds chasing the lizards and birds, and trying to catch the eels out of the ponds.


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But, all of that said, it is with great pleasure that this year we are actually starting a new master plan for the City Botanic Gardens. We will be, over the coming months, engaging with residents and stakeholders, as part of our requirements through the Land Protection Act, to continue to plan and protect this space into the future.

So, we will be engaging with various stakeholders to make sure that we capture the thoughts of the community, but also the bulk of the users of the space. So we have representatives from the volunteer guides; we have representatives from the Department of Heritage and Environment; we have representatives from the Wise Foundation as well as indigenous representatives. We are also engaging with QUT (Queensland University of Technology) and adjoining landowners and businesses.

But the exciting thing is that residents of Brisbane are able to be a part of the community reference group themselves. We are looking for four individuals who would like to be a part of the community reference group. There will be a series of meetings involved in this, and it really is an opportunity where those who have a love and affection for the CBD gardens, the City Botanic Gardens, can get on board and help us plan and protect and preserve the heritage that is the CBD gardens, but also plan the space into the future to provide for the growing needs of our city.

Anyone who is interested—and I am talking to all the councillors here, as you are going about your job, if you are talking to your community. Anyone who is interested can find the link on the Council website, and I would encourage all councillors to go out there and talk about the good work that is being done across our parks, not just the City Botanic Gardens.

Chairman: That ends Question Time.

CONSIDERATION OF COMMITTEE REPORTS:

ESTABLISHMENT AND COORDINATION COMMITTEE

The Right Honourable the LORD MAYOR (Councillor Graham QUIRK), Chairman of the Establishment and Coordination Committee, moved, seconded by the DEPUTY MAYOR (Councillor Adrian SCHRINNER), that the report of the meeting of that Committee held on 19 May 2014, be adopted.

Chairman: Is there any debate?

LORD MAYOR: Yes, thanks very much, Madam Chairman. Just before coming to the main part of the report today, there’s a number of items and events I just want to report on. Firstly, we saw during the week the National Walk Safely to School Day, run by the Pedestrian Council. It was on 23 May, and obviously anything that we can do to promote safe walking to school is something that ought to be supported, and we thank them for their participation and organisation around that event.

We also saw on 23 May Australia’s Biggest Morning Tea, an event organised to support the Cancer Council. I know from media reports that some of the councillors in this Chamber also were participating in and supporting that event, and I thank you all, from both sides of the Chamber, in regards to your involvement around that.

On 25 May, we saw Buddha Birth Day celebrated. That is the day recognised as the day of the foundation of Buddhism. In that context, it was appropriate that on 21 May, I met with Abbot Daoci, as he is known. He is the head of the largest Buddhist sector within China. They have a mantra of peace and prosperity. Based on the number of business people that joined him, there was certainly no shortage of emphasis on the elements of prosperity within that faith. Out of that meeting, whilst it was obviously a religious greeting, there are very strong elements to suggest that additional investment opportunities for the city of Brisbane will come out of that greeting.


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The other item I wanted to raise also was to acknowledge that on 25 May was Africa Day. That is, of course, an annual commemoration of the 1963 founding of the Organisation of African Unity. We have a great African community in this city. We continue to have an engagement with that community and to assist them where we can. Those engagements have been held again very recently, and much to their satisfaction and happiness. We will continue to work with that community in this city.

In relation to the Show your Colours campaign, I mentioned that earlier, so I won’t go into any more detail. The Lord Mayor’s Business Awards—this year we have opened nominations for the business awards. They will be celebrated and announced in terms of finalists in September, and then the dinner will be held on 10 October to acknowledge the winners of those events. There are several awards again, 13 categories in all, and of those, a new category which is Business in Asia. It is about recognising that part of the economic development plan for this city is the doing of business within the Asian context. That is where all of our Sister City relationships lie. We will be presenting that award as an additional award on that evening.

Brisbane during the week also was named in the top 15 per cent of world cities for innovation. We have gone from number 85 in that ranking. There are about 450 cities that are looked at in terms of ranking, and we have gone from 85 up to 60. That is a significant move. We are not ahead of Sydney or Melbourne, and that is not an unexpected position, but can I say that their position is static and ours is one which is roaring up the ladder.

As I have said, we are an emerging city; we are a city that continues to punch above our weight in terms of our innovative nature and the collaboration that occurs between businesses in this city to create new business. So that is a recognition and a congratulations is owed to all businesses in this city that are playing their part in making sure that our city continues to grow in status in that regard. That is probably about it.

In terms of the two items on the report today, we have of course the audit report of the Audit Committee. Just a couple of things to point out there. Council’s Chief Internal Auditor gave an update in terms of the progress of the Assurance Services plan; what it was in 2013-14 but also in relation to the coming plan. There was also a presentation provided around security risk issues across a range of things, infrastructure and the like.

There were presentations also around external auditing and around annual financial statements. That committee continues to undertake good work, give good advice in relation to the city on a range of fronts, and I thank them for their efforts.

Item B is the lease and operations of City Pools. The Centenary Aquatic Centre, number one, a 20-year lease for the incumbent lessee, they are adding considerable value via a $1 million capital investment. They have achieved a high value for money, so they are the recipient of that particular tender. Chermside Swimming Pool, they as the incumbent lessee have been given a two-year lease; great relationships with the local community there. They are undertaking maintenance works worth around $60,000, and so we acknowledge their great work at that pool. Ithaca Swimming Pool, again a five-year lease being awarded there, adding undercover weatherproof areas and a barbeque area.

Langlands Park Swimming Pool, a 20-year lease, adding significant value to that particular pool. Obviously again a competitive basis of tendering. The scores are there for councillors to see in relation to the outcome of that particular tender. In regards to Chermside, I didn’t mention the winner of course was BlueFit Leisure. They achieved a non-price score of 9.6 out of 10 and a value for money index of 33.75. Their nearest competitor was 30.46, Belgravia Leisure.

In relation to the Ithaca Swimming Pool, I would just like to recast on that one. The value for money there was for the non-price score for Bob and Vicki Miller was 9.2, but there were other issues surrounding that, so Tomas Hladky, I


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probably haven’t pronounced that correctly, but again a value for money index of 13.94 made that a very, very easy winner in terms of that particular area. Langlands Park Swimming Pool, the successful outcome there was with Storytime Swim Schools, a non-price score of 10, and that again achieved the best value for money at the end of the day, 182.24 against the closest competitor, BlueFit Leisure, in that instance, 172.75.

The Valley Swimming Pool, Australian Crawl were the successful tenderer here, with 87.74 value for money index, 9.6 for their non-price score, and they ran out fairly easy winners in that particular category, certainly in the value for money index. There was a deal of competition around that particular tender. The evaluation was based on a range of aspects of criteria—45 per cent around the competency of the tenderers, 50 per cent around the service quality, and 5 per cent—

Chairman: LORD MAYOR, before you continue, your time has expired.

LORD MAYOR: —around compliance. I’ve probably finished at that point, Madam Chairman; thank you.

Chairman: Okay, thank you. Further debate; Councillor DICK.

Councillor DICK: Thanks, Madam Chair. I will be brief as well. I rise to speak on the Establishment and Coordination Committee items A and B.

Seriatim - Clause ACouncillor DICK requested that Clause A, REPORT OF THE AUDIT COMMITTEE MEETING ON 1 MAY 2014, be taken seriatim for voting purposes.

Councillor DICK: Thank you, Madam Chair. The Audit Committee report, which we’re dealing with today, there’s a number of items there, and it appears by reading through these reports each time we get them that members of the Audit Committee seem to obtain and receive more information than elected councillors do to this city.

I was particularly interested in item 4 which is an update from the CEO—and I know it is something that all councillors and yourself are particular interested in, which is, and I quote from the report on page 2 on section 4, ‘The CEO also noted that work is being undertaken in response to potential policy changes foreshadowed by the Queensland Government which could affect Council’s infrastructure charging.’ Of course, this is the State Government’s plan to give a discount to developers and letting local governments across Queensland pick up the tab.

Now, if there is modelling being done by the CEO and the Chairman of Finance or Civic Cabinet or the LORD MAYOR, I think we probably need to have that information. I think it is essential that it comes to this Council Chamber for debate and discussion. This is a financial impact that is going to cripple, as I read in some reports, some smaller councils, but of course as the largest local government authority in Queensland, will have a significant impact. So, I just flag that as a particular interest I think on behalf of all councillors.

If there is information, I guess a new approach, and we are getting ready for—which I think is a very, very backward approach by the State Government—more worried about the interests of developers than the impacts on local government officials, and also the ratepayers of our city. It would be good under item 4 if, in the LORD MAYOR’s summation today, he gives a commitment to provide further information, either as a briefing to the councillors here or indeed an item that the Civic Cabinet should be looking at the options of how we are going to fill that gap, how we are going to plug that financial arrangement.

Item 5, the assurances services update—the officer advised the committee that the Continuous Assurance CEO program in relation to purchasing and accounts payable has been interrupted pending access to relevant SAP data and associated modifications to the continuous assurance routines.

We know that, wherever SAP is mentioned in the BaSE (Business and System Efficiency) program, it involves a lot of money, and we know that this Council


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has signed a blank cheque, practically, when it comes to rolling out that program. I certainly think that information could also be provided either through the committee process or indeed an item to full Council. If there are concerns or if there are issues surrounding that, it is probably timely that this Council received an update on that major rollout.

The other item I’ve got concerns about particularly that the LORD MAYOR touched on was the security risk review. The Principal Security Advisor Infrastructure outlined the 2013-14 program of security risk reviews. The LORD MAYOR particularly touched on infrastructure. If there are reports or analyses done, it would be once again very useful and I think wise for this Council to, rather than sitting on these reports, actually release this data in the public arena. We know that the officer outlined anticipated coverage and strategy for the security risk reviews in the forthcoming budget 2014-15.

I ask the LORD MAYOR today, through you, Madam Chair, to give a commitment that that sort of information will also be either released through the committee process or indeed through a decision even by information to the Civic Cabinet and brought to full Council. This information—I agree with the LORD MAYOR—that the Audit Committee undertakes is important information. It keeps us on the straight and narrow. It makes sure that Council programs, service items, financial affairs, are kept in check by experts, and I think it is only appropriate that that information then goes one step further.

We know that these reports that we receive are, I guess, a summary of the decisions of the information received. It would be great that, rather than an unelected body of officials, namely the Audit Committee, who receives this detailed information, the same courtesy is provided to elected officials as we go about our job, but also for the broader public to know in the interests of open and transparency exactly what is happening inside our organisation.

On item B, the Stores Board submission, the lease and operation of City Pools, Labor won’t be opposing this measure today. We know that the use of aquatic centres and swimming pools are well-loved and important Council assets and facilities, and are much used by the ratepayers of our city, and dare I say probably outside users of the city of Brisbane as well, which we of course encourage.

I just ask if the Chair is speaking to this item, Councillor ADAMS—even though I know it is a Stores Board submission—there was an investigation into some of the water safety issues I think back on 18 March. If it is possible, through you, Madam Chair, I ask if there has been an investigation, particularly regarding some of these pools that we’re dealing with today, that information could be provided today as a result of that investigation. Thank you.

Chairman: Further debate; Councillor HOWARD.

Councillor HOWARD: Thank you, Madam Chairman; I rise to speak on item B of the E&C Report, the Stores Board submission, lease and operation of City Pools, and specifically to the Centenary Aquatic Centre. I congratulate BlueFit Leisure as the winning tender.

Centenary Pool has proved very popular since it reopened last September after a $5.3 million refurbishment. The pool attendance from October 2013 to April 2014 was 108,819 as against 94,903 for the 10-year average for the same period. This is up 14 per cent on the long-term average, so a very popular pool, Madam Chairman.

The refurbishment was hugely important. It included a new compliant entry ramp into the venue, upgraded disability change rooms, a new access ramp into the 50-metre pool, both pools being completely refurbished including structures and associated pipe work, the installation of new pool filtration and heating systems, refurbishment of the 10-metre dive tower, treatment and repair of all the concrete cancer and rust on the structures and the fixtures, and refurbishment of the change rooms.


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These works at Centenary Pool are so important to the Spring Hill community, residents and visitors alike, and everyone is excited about the marvellous upgraded facility. The complex in Spring Hill was the Brisbane City Council’s major contribution to the Brisbane and Queensland centenary celebrations of 1959, so the conservation of this iconic Brisbane Aquatic Centre provides the community with enhanced opportunities for fun, fitness and recreation.

This local Brisbane City Council swimming pool has played an important role in the life of our inner northern suburbs community, providing for children’s lessons, family time on the weekends, school swimming carnivals and somewhere to go to relax from the hustle of the city. It is important to note that it also holds historical significance as an example of a 1950s Olympic pool and diving tower, with features like underwater floodlights and observation windows for coaches. These designs were way ahead of their time, and all of Brisbane is familiar with the Jetsons-like complex designed by prominent Queensland architect James Birrell.

The Centenary Pool complex includes a wading pool, an Olympic-size swimming pool and a separate diving pool. Centenary Pool was the only diving pool in Brisbane, and this Olympic standard pool immediately became the preeminent aquatic facility in the city. It remained so until the Sleeman Complex was completed at Chandler in 1980 for the Commonwealth Games.

Centenary Pool is home to Queensland Diving, Queensland Swimming, Water Polo Queensland, various swim squads and many eager members of the community. As the local councillor, I am very pleased that the incumbent lessee, BlueFit Leisure, has been recommended as the successful tender to add considerable value to the venue over the term of the proposed 20-year lease. The proposal includes $1 million of capital investment which includes construction of a program pool, modifications to the current gymnasium and office areas, and potential aquatic play areas.

Council has 20 swimming pools, 19 of which are leased across Brisbane offering opportunities for fun, fitness and recreation. Our City Pools team has been proactively working with lessees to ensure that Brisbane residents and visitors have access to first-class swimming and aquatic facilities. I would like to take this opportunity to thank all Council officers involved in this important evaluation. We want Brisbane to be a city where people lead active and healthy lifestyles, and these facilities at Spring Hill will offer communities in our inner northern suburbs more opportunities for fun, fitness and recreation.

Chairman: Further debate; Councillor ABRAHAMS.

Councillor ABRAHAMS: Thank you, Madam Chair; I wish to quickly speak on item B in reference to the Langlands Park Swimming Pool. I note that the current lessee, Storytime Swim Schools, has been the successful tenderer for this lease. I support this decision. I have worked with Jan Ardnt since I have represented the area that includes this pool, and I have a lot of faith, confidence and strong support for what she is doing with the local community with her Storytime Swim Schools lease. Even the name of her company I think tells you much about her approach.

Council is faring well with this contract, as there is a commitment for an investment of $1.3 million for an enclosed program school, and a substantial aquatic playground, which is a real achievement because this is one of the older pools. I can remember when it was opened, and my dad taking me to swim there. As a result of that history, it has very little room actually within the leased area. I know that every inch of that room will be put to a swimming-pool facility or if not, the plants, which is Jan’s second love.

But why Jan is exceptional is because not only does she know her community, as referred to here, she actually works with the residents across the road who do have the impact of three major trip generators in their street—that being the pool, East Leagues Club and the football that is associated with that, as well as the bus station. Jan has always been open, always been working with those residents with my support, to make sure the impact on them is minimal.


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When the busway was in place, she personally got involved in the design and assisted the designers to deliver more car parking for the pool, which I think was absolutely an amazing achievement. It was her own determination, common sense that led to that outcome. Since that time, working with the East Leagues Club, she has managed to find a very successful solution for some of the parking problems in the past. I am aware now, with the growth of this pool, that parking remains a problem that she and I—and I do believe Council—must give a lot of attention to, to make sure the success of this pool and its natural growth for an area that is in need of this excellent Council facility.

Chairman: Further debate; Councillor SIMMONDS.

Councillor SIMMONDS: Thank you very much, Madam Chairman; ever so briefly I rise to support item A, the report of the Audit Committee meeting for 1 May. As always, I thank the committee members very much for their ongoing diligence that they have provided. I always hold in my heart of hearts a hope that Labor councillors will support this item. I don’t know what they have against good financial management, but time and time again they vote against this item which is all about ensuring sound financial management practices for this Administration. It is not the only thing they vote against when it comes to ensuring sound financial management practices, but I would have thought that, in relation to the audit of our finances, we could all agree on that.

In relation to the item specifically, I will say what I always say, again, and that is that this committee relates to the accounting and financial treatments of these individual items. They do not receive project updates; they are not there to monitor the implementation of projects. They are there to deal with the accounting and financial treatments of these various items. I could give you an update regarding the progress of these items, but frankly you would pull me up because it is not to the item, simply.

I am of course always happy to receive a question from Councillor DICK or anyone else on the other side of the Chamber, for that matter, about any of these items. I am happy to receive it in committee every week. I am happy to receive it in Question Time every week. I look forward to his questions during the budget debate information sessions, and I will be happy to answer it then. I would just note for the record that, even though we get this same speech every time this item comes up, every month, from somebody on that side of the Chamber, that they would like more information on one of these projects, they have yet to follow it up with one single question, inquiry, call of file, question on notice, zippo, nil, nought, nada—nothing, Madam Chairman.

So, if there is a genuine desire on that side of the Chamber for an update on these projects, I am happy to have it asked, and I will answer. Thank you.

Chairman: Further debate; LORD MAYOR.

LORD MAYOR: Thank you very much, Madam Chairman. Well, today, in speaking to this report, I heard the Opposition Leader speak glowingly about the importance of swimming pools and how they are such a wonderful thing, and how they benefit the city and the residents contained within this city. It is true that we have, as an Administration, expanded swimming pools in this city. We saw three pools in the last term of office; we have another two in this term that we are putting in place to ensure that people are given every opportunity to enjoy our subtropical climate and have that healthy and active lifestyle that we encourage.

People are voting with their flippers. They are getting out there in droves. We are seeing the numbers of people attending swimming pools in this city expand enormously, and I am not talking 5, 10 per cent; we are talking multiples of 10 per cent. I can’t remember the exact number, but Councillor ADAMS, if you have them at your disposal, it is something you may want to give in your committee report.

That stands in complete contrast, I have to say to the words of Councillor DICK, the glowing importance of swimming pools. I hear this from Opposition, and then I cast my memory back to what they actually did when they had the


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opportunity to do things. What I saw was the Toowong Swimming Pool closed down. It was closed down and it was sold off for development. That’s what happened to the Toowong Swimming Pool, an inner city pool, a 25-metre pool that was well used. That of course was what happened under Labor.

So there is a contrast. I hear the words, but I think back and it doesn’t match the history. It’s always important that we remember it’s not what is said, it’s what is actually done, and I just remind the Chamber of that once again today.

Chairman: I will put the motion for item A.

Clause A put

Upon being submitted to the Chamber, the motion for the adoption of Clause A of the report of the Establishment and Coordination Committee was declared carried on the voices.

Thereupon, Councillors DICK and ABRAHAMS immediately rose and called for a division, which resulted in the motion being declared carried.


AYES: 20 - The Right Honourable the LORD MAYOR, Councillor Graham QUIRK, DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, David McLACHLAN, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES, Norm WYNDHAM and Nicole JOHNSTON.

NOES: 7 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON and Shayne SUTTON.

Chairman: I will put the motion for item B.

Clause B put

Upon being submitted to the Chamber, the motion for the adoption of Clause B of the report of the Establishment and Coordination Committee was declared carried on the voices.

The report read as follows

ATTENDANCE:

The Right Honourable the Lord Mayor (Councillor Graham Quirk) (Chairman); Deputy Mayor (Councillor Adrian Schrinner) (Deputy Chairman); and Councillors Krista Adams, Matthew Bourke, Amanda Cooper, Peter Matic, David McLachlan, and Julian Simmonds.

A REPORT OF THE AUDIT COMMITTEE MEETING ON 1 MAY 2014109/695/586/6

671/2013-141. The Chief Executive Officer provided the information below.

2. Section 201 of the City of Brisbane Regulation 2012 requires that, as soon as practicable after a meeting of the Audit Committee, Council must be given a written report about the matters reviewed at the meeting and the Committee’s recommendations about the matters.

3. The Chief Executive Officer is to present the report mentioned in subsection (1)(c) of section 201 at the next meeting of Council.

4. The Chief Executive Officer submits the following recommendation with which the Committee agreed.


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5. RECOMMENDATION:

THAT COUNCIL NOTE THE REPORT OF THE AUDIT COMMITTEE MEETING ON 1 MAY 2014 AS SET OUT IN ATTACHMENT A, submitted on file.

ADOPTED

B STORES BOARD SUBMISSION – LEASE AND OPERATION OF CITY POOLS165/210/179/915

672/2013-146. The Chief Executive Officer provided the information below.

7. The Chief Executive Officer and the Stores Board considered the following submission contained in Attachment A, submitted on file, on 6 May 2014.

Purpose

8. It is proposed that Council approves entering in to lease arrangements for the operation of City Pools with the following tenderers as outlined in the table below:

Venue Recommended Tenderer Period of LeaseCentenary Aquatic Centre BlueFit Leisure 20 yearsChermside Swimming Pool BlueFit Leisure 2 years

Option for annual extensions not exceeding a period of 5 years

Ithaca Swimming Pool Tomas Hladky 5 yearsLanglands Park Swimming Pool

Storytime Swim Schools 20 years

Valley Swimming Pool Australian Crawl (Goodna) 10 years

Background/Operational Impact

9. The background/operational impact is as follows:

What is being procured and why? Experienced pool operators to lease five of Council’s swimming pools

Pre-Market Approval Pre-market Approval was granted from the Goods and Services Procurement Board on Thursday 3 October 2013

Process used Request for Tenders (RFT)Closing date for responses Wednesday 23 October 2013Pre-Market approval adhered to? Yes

10. Summary of Responses – Centenary Aquatic Centre

Centenary Aquatic Centre

Name Address and ABN/ACN

Non-price score[out of 10]

Net Present Value for proposed lease term (ex GST)

Value for Money (VFM) Index

BlueFit Leisure

PO Box 1569, Burleigh Heads 4220ABN 44 140 462 862

10.0 $3,089,110 308.91

YMCA 107 Brunswick Street, Fortitude Valley 9.0 $1,833,303 165.00


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Brisbane 4006ABN 61 028 995 366

Australian Crawl

Unit 19a 142 Boundary Road, Wacol 4076ABN 21 120 208 255

9.5 $1,539,244 146.23

Belgravia Leisure

20 Longstaff Road, Bayswater 3153ABN 18 118 940 063

9.0 $1,602,615 144.24

11. The recommended lessee (BlueFit Leisure) is the incumbent lessee and will add considerable value to the venue over the term of the proposed 20 year lease.

12. The proposal includes $1 million of capital investment which includes construction of a program pool, modifications to the current gymnasium and office areas, and potential aquatic play areas. There is no rebate expected from Council for the capital contribution investment from the lessee.

13. The proposal includes 8 per cent of revenue attained from the whole site to be paid to Council as rent for the period of the lease (this is estimated at approximately $173,000 per annum). The lessee will cover the costs of all chemicals associated with water purification (estimated at $48,000 per annum) and a total capped amount of $30,000 to cover the costs of water.

14. Although the four companies that tendered all provided excellent non-financial submissions, the rent offered by Belgravia Leisure and the YMCA was fixed at $75,000 and $70,000 respectively, with Australian Crawl offering only 7 per cent of revenue, as against the 8 per cent from BlueFit Leisure.

15. The community benefits of the BlueFit Leisure investment were also higher than the other tenderers, as under their offer the venue will gain more pool space for user groups which will generate higher revenue.

16. Summary of Responses – Chermside Swimming Pool

Chermside Swimming Pool

Name Address and ABN/ACNNon-price score[out of 10]



BlueFit Leisure

PO Box 1569, Burleigh Heads 4220ABN 44 140 462 862

9.6 $351,575 33.75

Belgravia Leisure

20 Longstaff Road, Bayswater 3153ABN 18 118 940 063

9.0 $338,485 30.46

YMCA Brisbane

107 Brunswick Street, Fortitude Valley 4006ABN 61 028 995 366

8.9 $280,112 24.93

17. The recommended lessee (BlueFit Leisure) is the incumbent lessee and has held the venue for a period of four years with significant operational experience in the aquatic industry. The lessee has built a very positive relationship with the local community and has grown the attendance numbers at the venue.

18. The Chermside site is currently part of the master planning for the new Chermside Northern Regional Business Precinct and it is expected that there will be changes to the pool configuration in the next two to three years.


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19. The recommended tenderer submitted a proposal which included $60,000 of required maintenance work to the out-dated program pool at the facility. The proposed rent to be paid by the recommended tender is $108,000 per annum and they will cover the costs of chemicals associated with water purification at the venue (estimated at $42,000 per annum).

20. Belgravia Leisure and the YMCA both submitted strong non-financial proposals, but the financial benefits of the $60,000 maintenance work on the indoor pool and the community benefit of these works gave BlueFit Leisure the highest non-price score, Net Present Value for the proposed lease term and VFM index.

21. Summary of Responses – Ithaca Swimming Pool

Ithaca Swimming Pool

Name Address and ABN/ACNNon-price score[out of 10]



Tomas Hladky 131 Caxton Street, Paddington 4064ABN 44 137 930 969

8.0 $174,251 13.94

Bob and Vicki Miller

71 Alderson Street, Newmarket 4032ABN 75 101 095 354

9.2 $28,757 2.65

Dugong Leisure

6 Melaleuca Place, Carindale 4152ABN Nil

4.5 $12,653 0.57

22. The recommended lessee (Tomas Hladky) is the incumbent lessee and has held the venue for a period of approximately 10 years. The proposed lease term is for a five year period and the lessee is willing to pay rent of $20,000 per annum instead of the current operational subsidy paid to the lessee of $15,000 per annum.

23. The lessee will also cover the costs of water, chemicals, and minor maintenance at the facility (which is estimated at $13,200 per annum). The lessee will also spend $45,000 on capital improvements at the facility on undercover weather proof areas and a BBQ area.

24. Bob and Vicki Miller submitted an excellent proposal and were prepared to extend programs and initiate new activities. Unfortunately, they were unwilling to offer any rental payment and did not offer to cover the costs of chemicals and water. Dugong Leisure scored low in the non-financials as they did not provide detailed information on their Workplace Health and Safety (WHS) system and operating procedures. They also did not offer to cover the costs of chemicals and water at the venue.

25. Summary of Responses – Langlands Park Swimming Pool

Langlands Park Swimming Pool





Storytime Swim Schools

5 Panitya Street, Stones Corner 4120ABN 52 121 234 286

10 $1,822,449 182.24

BlueFit Leisure PO Box 1569, Burleigh Heads 8.5 $2,030,230 172.57


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4220ABN 44 140 462 862

Lane 4 Aquatics PO Box 2304, Yeppoon 4703ABN 70 097 139 341

7.8 $1,342,374 104.71

26. The recommended lessee (Storytime Swim Schools) is the incumbent lessee and has held the venue for approximately seven years. The current lessee is one of the strongest in the current City Pool’s portfolio and has grown the attendance figures during the period to almost capacity.

27. For the initial term of the lease (prior to funding being secured for refurbishment of the 50 metre pool) the lessee will pay Council $32,000 per annum. Once the existing 50 metre pool has been refurbished the lessee will pay Council seven per cent of the revenue attained for the entire venue. This is estimated at $103,500 per annum.

28. The recommended lessee has submitted a proposal including a capital investment of $1.3 million in total, to construct an enclosed program pool, along with a substantial aquatic playground. This upfront payment by the lessee is money which Council does not have in the current budget and certainly an investment that Council would have to make as part of the impending upgrade of the venue. The establishment of the program pool at the venue will ensure that when the remainder of the facility is upgraded. The venue will remain operational during this period. Similar to the recent arrangements established at Yeronga and Newmarket, the lessee has requested a rebate of 90 per cent of the capital value over the term of the lease – this amount will not exceed the rent payable to Council. Once construction is complete the recommended lessee will also cover the costs of water, chemicals, and minor maintenance (which is estimated to be $53,600 per annum from year six to 20).

29. Storytime Swim Schools showed a better understanding of the catchment area and requirements of the area in terms of pool space and programs than both BlueFit Leisure and Lane 4 Aquatics.

30. Although BlueFit Leisure have the highest financial offer and would be a good operator, their capital contribution of $500,000 would require a top up of approximately $800,000 by Council to achieve the same indoor heated pool and water play area that Storytime are proposing. Council does not currently have funding in forward budgets to support this expenditure.

31. Lane 4 Aquatics proposed a capital investment of $1.125 million on a heated indoor pool. They however, requested a 50 per cent rent reduction from Year 6 to Year 20 to cover this investment. They also did not offer to cover the cost of chemicals and water after the refurbishment, which is the main reason for their financial offer being substantially lower than Storytime Swim Schools and BlueFit Leisure.

32. Summary of Responses – Valley Swimming Pool

Valley Swimming Pool





Australian Crawl Unit 19a 142 Boundary Road, Wacol 4076ABN 21 120 208 255

9.6 $913,969 87.74

Lane 4 Aquatics PO Box 2304, Yeppoon 4703ABN 70 097 139 341

6.6 $976,248 63.94


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Craig Tobin Aquatics

794 Oxley Road, Corinda 4075ABN 33 149 051 696

8.4 $799,801 67.18

Belgravia Leisure 20 Longstaff Road, Bayswater 3153ABN 18 118 940 063

9.6 $595,529 57.17

Tomas Hladky 131 Caxton Street, Paddington 4064ABN 44 137 930 969

6.7 $740,088 49.59

33. The recommendation is that Australian Crawl be granted the lease for the Valley Swimming Pool.

34. Although Lane 4 Aquatics have offered the highest financial offer, their lack of experience in running large aquatic venues in addition to not providing detailed WHS policies and operational procedures lowered their non-price score. They have also estimated the revenue obtained from the venue as being almost $1.3 million per annum. Based on current attendance figures and the information provided on an annual basis from the current lessee, the actual figure is in the vicinity of $780,000 per annum. Council has normalized its projected revenue based on actuals of $910,000 per annum. Council believes there is very little scope for expansion within the current site, due to space constraints and the evaluation panel feels that the higher revenue figure is unattainable and unrealistic.

35. Australian Crawl currently holds the leases at the majority of the Ipswich City Council Pools, some of which have attendances similar to the Valley Pool. The evaluation panel have no concerns that Australian Crawl can successfully manage the operation of the Valley Swimming Pool. Australian Crawl also holds the lease at the Carole Park Swimming Pool, which is currently one of the more difficult pools to manage in the City Pool’s portfolio. In an 18-month period Australian Crawl have increased the attendance figures at the venue by 400 per cent when compared to the performance of the previous operator.

36. The recommended lessee is not the incumbent lessee. The proposal which Australian Crawl submitted for a 10 year lease at the Valley Pool includes 7 per cent of revenue payable to Council (estimated at $63,280 per annum), $100,000 in capital improvements over the term of the lease, $30,000 in chemical costs and $20,000 capped per annum to be spent on water at the venue.

37. Belgravia, who have been the incumbent lessee for 10 years, scored high in the non-financial evaluation but only offered a low fixed rent which was the lowest of the financial offers. Their offer was significantly lower than Australian Crawl over the term of the lease.

38. Craig Tobin Aquatics and Tomas Hladky are competent lessees at Dunlop Park and Ithaca respectively, but their non-price score was lower than the Australian Crawl offer as they did not demonstrate the same level of understanding of the catchment area and programs required for user groups. In addition, the Net Present Value for the proposed lease term for Craig Tobin Aquatics and Tomas Hladky was lower than Australian Crawl and did not provide the best VFM for Council.

Evaluation Criteria

39. The non-price weighted evaluation criteria was as follows:

Criteria Individual Criteria WeightingTenderers’ CompetencyTotal 45%

Previous experience in the aquatic industry (pool management/operation, service/program provision) and/or other recreation facility management and/or other business management including WHS

35%

Quality of key personnel: Qualifications, achievement 10%


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and experience of key service delivery personnelService QualityTotal 50%

Aquatic trends/best practice and local catchment understanding (demographic analysis, competitor analysis, opportunities etc.)

10%

Management approach: approach to public leisure provision, aquatic service provision, staffing and supervision, WHS, marketing and promotional strategies

15%

Quality and range of services: public leisure/recreation, support services (food and beverage, merchandise), aquatic programs and other programs.

15%

Community benefits from additional improvements. 10%ComplianceTotal 5%

Extent to which Statement of Non-Compliance meets specifications.

5%

40. The price model (used to compare a comparative price for each tender/quote) is as follows.

Evaluation Criteria

Definition

Comparative Price

A Comparative Price will be derived by calculating the Net Present Value (NPV) (the total cost to Council over the term of the lease) of the tender submission.

The NPV will be calculated using: Rental/subsidy offer in the tender Total operating costs to Council Annual value of additional improvements proposed in the tender

(where applicable)

Submissions not considered further as incomplete/ non-conforming

41. A tender submitted by Bob and Vicki Miller for the Ithaca Swimming Pool was deemed to be non-compliant as they submitted a proposal for a 10-year lease arrangement. The RFP documents clearly stated that the lease arrangements for this venue were for a period of five years.

Summarise any modification/clarification of Tenders undertaken

42.BlueFit Leisure Centenary

PoolPotential timeframes for capital improvement work. Financial capacity to deliver the capital improvements.

Belgravia Leisure

Chermside Pool

Capped costs covering chemicals and water over the term of the lease (these were previously covered by BCC)

Tomas Hladky Ithaca Pool Potential timeframes for capital improvement work. Extended operational hours over the winter period


Langlands Park Pool

Maintenance and associated costs of the existing heating units.

Lane 4 Aquatics Valley Pool NumerousAustralian Crawl

Valley Pool Numerous

Most advantageous

43. Following a thorough assessment of the tenders received the recommended tenderers were overwhelmingly agreed to be the following:


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Pool Recommended Tenderer

Non-Financial Evaluation

Financial Offer Incumbent Lessee

Centenary BlueFit Leisure Highest Highest YesChermside BlueFit Leisure Highest Highest YesIthaca Tomas Hladky Second Highest Highest YesLanglands Park Storytime Swim

SchoolsHighest Second Highest Yes

Valley Australian Crawl

Highest Second Highest No

44. Risks Associated with this contract (including mitigation strategies)

Procurement Risks Risk Rating

Risk Mitigation Risk Allocation

1. Financial Risks:a) Rental to Council or

subsidy to be paid by Council

Low Tender evaluation process. The tenderer provides a fixed price submission for any rental payable to, or subsidy payable by Council. Council approval is required for the granting of a lease/s.

Council/ Lessee

b) Operating costs

That the operating cost responsibilities for the Council and Lessee are not clearly defined.

That the Council do not have sufficient budget for the operating costs for the leased site.

Low

Low

The lease agreement defines cost responsibilities.

Council approval is required for the granting of a lease/s.

City Pool budget is submitted for approval annually.

Council/ Lessee

Council

Council

2. Operational Risks:a) Quality of service: Low Tender evaluation process and lease clause

that define Council requirements such as entry fees, public access etc.

Council/ Lessee

b) Workplace Health &Safety

Low Lease requires lessee to meet all statutory requirements.

Lessee required to implement a WHS system both accredited and audited.

Council as owner and with major maintenance responsibility shares WHS responsibility. This is addressed through Council’s planned maintenance program, audits, and site inspections.

Lessee

Lessee

Council

c) Supervision Low Lessee requirement for minimum safety qualifications (lifeguard and first aid certificates).

Lease clause for lessee to provide “adequate supervision.” Lessee WHS System will be linked to Royal Life Saving Society (RLSS) supervision guidelines.

Lessee

Lessee


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d) Maintenance Low Lease defines maintenance responsibility.

Council conducts site inspections as part of the lease management.

Minor maintenance – lesseeAdditional improvements – lesseeMajor Improvements – Council

Lessee/ Council

e) Construction of additional improvements

Low All approvals are the responsibility of the lessee (incorporated in the lease).

Construction is the responsibility of the lessee (Council approves designs and final approval on finished product).

Lessee

3. Contractual Risks:a) Insurances: Low Building Insurance – Council

Public Liability, property and any other business insurance – Lessee

Lessee/ Council

Contract Proposed

44. The proposed contract was as follows:

Type of Procurement Procurement of Swimming Pool Lease and operation providers

Contract type Standard swimming pool leaseAmendments to Standards NilAll non-compliances with lease conditions and specifications resolved?

Yes

45. The period of lease and key commercial terms are as follows:

Venue Recommended Lessee

Lessee Commercial Terms Period of Lease


BlueFit Leisure Rent of 8 per cent of pool revenue (estimated $173,000 per annum)

Contribution to chemical and water costs of $78,000 per annum

Capital contribution of $1,000,000

20 years


BlueFit Leisure Rent of $108,000 per annum Contribution to chemical and water

costs of $42,000 per annum Capital contribution of $60,000 (over

two year term)

2 years with 3 x 1 year optional extensions


Tomas Hladky Rent of $20,000 per annum Contribution to chemical and water

costs of $13,200 per annum Capital contribution of $45,000

5 years



Rent of $32,000 per annum for the first 5 years, then 7 per cent of pool revenue for the remaining term estimated to be $103,500 per annum)

Contribution to chemical and water costs of $53,600 per annum from year 6 to 20


20 years


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(90 per cent rebate of contribution by Council over the initial 10 years of the lease)


Australian Crawl (Goodna)

Rent of 7 per cent of pool revenue (estimated $63,280 per annum)


Capital contribution of $100,000

10 years

46. Lease revenue variation Adjusted by CPI on each anniversary of the

commencement dateCommencement Date of Lease 1 July 2014Contract Preparation Brisbane City Legal Practice

Funding

47. The allocated funding is as follows:

Financial Year 2013-14 2014-15 2015-16 2016-17$000 $000 $000 $000

Capital - - - -Expenses 7,209 8,018 8,265 8,325Revenue 445 457 468 486

48. The total savings against budget are as follows: The estimated savings as per the tender submissions are in the vicinity of $120,000 per annum across the five pools. This includes recommended lessees covering the costs of water, water purification chemicals, and some minor maintenance (differs depending on the venue and submission).

49. The Chief Executive Officer recommended as follows and the Committee agreed.

50. RECOMMENDATION:

THAT COUNCIL APPROVES:- ENTERING IN TO LEASE ARRANGEMENTS AS PER THE FOLLOWING

TABLE:




BlueFit Leisure Rent of 8 per cent of pool revenue (estimated $173,000 per annum)



20 years


BlueFit Leisure Rent of $108,000 per annum Contribution to chemical and water


(over two year term)

2 years with 3 x 1 year optional extensions


Tomas Hladky Rent of $20,000 per annum Contribution to chemical and water


5 years


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Rent of $32,000 per annum for the first 5 years, then 7 per cent of pool revenue for the remaining term estimated to be $103,500 per annum)

Contribution to chemical and water costs of $53,600 per annum from year 6 to 20

Capital contribution of $1,300,000 (90 per cent rebate of contribution by Council over the initial 10 years of the lease

20 years


Australian Crawl (Goodna)

Rent of 7 per cent of pool revenue (estimated $63,280 per annum)


Capital contribution of $100,000

10 years

- THAT THE DIVISIONAL MANAGER BRISBANE LIFESTYLE BE AUTHORISED TO EXTEND THE LEASE FOR CHERMSIDE SWIMMING POOL BEYOND THE INITIAL PERIOD OF TWO YEARS FOR THREE OPTIONAL ADDITIONAL PERIODS OF ONE YEAR.

- THAT MANAGER CITY VENUES, COMMUNITY FACILITIES AND VENUES BRANCH, BRISBANE LIFESTYLE BE THE COUNCIL’S CONTRACT AUTHORITY AND IS EMPOWERED TO SIGN FOR AND MANAGE THE CONTRACT ON COUNCIL’S BEHALF.

ADOPTED

INFRASTRUCTURE COMMITTEE

DEPUTY MAYOR, Councillor Adrian SCHRINNER, Chairman of the Infrastructure Committee, moved, seconded by Councillor Ian McKENZIE, that the report of the meeting of that Committee held on 20 May 2014, be adopted.


DEPUTY MAYOR: Yes, Madam Chair. The presentation coming through today is on the portable speed warning signs project. This is one of the projects that we promised during the last Council election, and it has been delivered. Not only has it been delivered, but it is showing absolutely excellent results, and I must say beyond what we expected. We’ve been in a position now to analyse the data, and to find out exactly how effective these signs are.

One of the great things about the signs is that they are relocatable, so they can be moved based on community feedback and councillor requests to different locations around the city where speeding is an issue, where residents have reported speeding, and the figures in this report show that they are effective in reducing speeds.

As a Council we obviously don’t have the ability to conduct speed enforcement. That is not something we are empowered to do. Obviously the police are the ones that can do that. But we can help with measures such as this, and it is helping in many local communities. So we have each councillor across the city having access to one of these signs, and they are now on rotation. There is a minimum of one month at each location. Councillors would now be receiving the data for their specific wards and their locations.

Most councillors would have received the first report already. If they haven’t, they will be coming very soon, and I am told either this afternoon or tomorrow.


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I did receive the first report for my own ward. The sign was located on Pine Mountain Road, Carindale, which is obviously a very busy corridor. From memory, there are approximately 10,000 to 15,000 vehicles a day using this particular stretch of road. The sign showed an average reduction in speed of 5.4 kilometres an hour, but most importantly it showed an average reduction in speed of 7.7 kilometres an hour for vehicles that were exceeding the speed limit. So there was a reduction for all vehicles, but for vehicles that were exceeding the speed limit, an even larger reduction of 7.7 kilometres an hour.

These type of results are being reflected right across the city. We’re seeing great outcomes as a result of these speed signs. I am looking forward to working with councillors going forward in relation to this exciting project, and one that is making a real difference out there in the suburbs.

At item B, we also have a petition requesting a pedestrian shared zone in Hynes Street, Fortitude Valley, and councillors would have no doubt read the report on that particular issue. Thank you, Madam Chairman.

Chairman: Further debate; Councillor DICK.

Councillor DICK: Thanks, Madam Chair, just briefly on this report today on items A and B.

Seriatim - Clause BCouncillor DICK requested that Clause B, PETITION – REQUESTING A PEDESTRIAN SHARED ZONE IN HYNES STREET, FORTITUDE VALLEY, be taken seriatim for voting purposes.

Councillor DICK: Just on item A, I will try my luck again. If I say anything wrong or bad against the Council, I am in trouble; if I say anything good against this Council, I am in trouble as well. But without getting an attack from the LORD MAYOR, I would like to offer my support for the portable speed warning signs.


Councillor DICK: Well, believe it or not, through you, Madam Chair, to Councillor BOURKE, road safety is not a political hot button issue. When it comes to road safety, we need to put the politics aside, Councillor BOURKE, and we need to make sure—


Councillor DICK: —that we are doing everything that we can to improve particularly safety around our schools. I want to talk about the locations where I have identified speeding, and there is a reason why, particularly around a couple of schools—Oxley State School, Durack State School, and now where there is a sign at the approach to the Richlands East State School.

These schools were identified through consultation with the community because for far too long they have been complaining about the increase—and Inala State School, I should say, in Glenala Road—about increasing vehicle speeds around these schools. We know that there are measures such as flashing lights, line markings and our Active School Travel which will help, but I do recognise that these portables are another tool in doing everything that we can to reduce speed, particularly around some of our most important residents, that is of course primary school and high school students.

The one thing I am looking forward to is reading that data and seeing that data and how we can perhaps inform the QPS (Queensland Police Service). What I would like, through you, Madam Chair, to Councillor SCHRINNER, is see if there are avenues or options for us to provide that data to the relevant law enforcement authorities.


Councillor DICK: I know I make a lot of representations to my local police where I—

Chairman: Councillor DICK, just a moment. The conversation outside is interfering within the Chamber. Can whoever that is please take it elsewhere. Thank you, Councillor DICK.


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Councillor DICK: Thank you, Madam Chair. I am making representations on an increasing basis to my local police to see if they can also assist with education and awareness around our schools, and encouraging them to visit schools and in particular, inform and make parents aware of the importance of slowing down around schools. I have taken the action with these portables to see that the priorities be in locations around primary schools. I know other councillors have taken a different view on speeding around other locations, and I respect that as well.

So it is good news that we are seeing a reduction, but I think we need to go one step further and hopefully see the police and our Council officers using this data to look at how we can improve and, more importantly, reduce speeding around our schools.

Item B is a petition that we won’t be supporting today. It doesn’t address the petitioners’ concerns. I think there are possibly some other options that should be investigated. For that reason, we won’t be supporting it today.

Chairman: Further debate; Councillor WYNDHAM.

Councillor WYNDHAM: Madam Chair, I just rise to speak briefly on item A. I congratulate Councillor DICK on opening his eyes after about 18 months of negative feedback on different issues with these things. We all knew this was going to be a very positive thing for our local electorates. Thank you.

Chairman: Councillor WYNDHAM, were you speaking, or are you finished? Further debate; DEPUTY MAYOR?

DEPUTY MAYOR: Yes, just briefly—I’ll try and be even quicker than Councillor WYNDHAM. I appreciate the support of all councillors on this issue, and I am glad to hear that the issue of road safety is now not party political. That goes to yellow lines that have been installed for safety reasons as well, no doubt. Thank you.

Chairman: I will put the motion for item A.

Clause A put

Upon being submitted to the Chamber, the motion for the adoption of Clause A of the report of the Infrastructure Committee was declared carried on the voices.

Chairman: I will put the motion for item B.

Clause B put

Upon being submitted to the Chamber, the motion for the adoption of Clause B of the report of the Infrastructure Committee was declared carried on the voices.

Thereupon, Councillors ABRAHAMS and DICK immediately rose and called for a division, which resulted in the motion being declared carried.


AYES: 19 - The Right Honourable the LORD MAYOR, Councillor Graham QUIRK, DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, David McLACHLAN, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES and Norm WYNDHAM.

NOES: 7 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON and Shayne SUTTON.


ATTENDANCE:


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Deputy Mayor, Councillor Adrian Schrinner (Chairman), Councillor Ian McKenzie (Deputy Chairman), and Councillors Margaret de Wit, Milton Dick, Victoria Newton and Norm Wyndham.

A COMMITTEE PRESENTATION – PORTABLE SPEED WARNING SIGNS PROJECT UPDATE

673/2013-141. Chris McCahon, Transport Network Operations Manager, Transport Planning and Strategy

Branch, Brisbane Infrastructure Division, attended the meeting to provide an update on the portable speed warning signs project. He provided the information below.

2. The portable speed warning signs project was part of the Lord Mayor’s commitment to making Brisbane’s suburban streets safer. The goal of this initiative is to promote safety through awareness of driver behaviour, which can be achieved through the use of a single flashing, speed warning sign installed in each Council ward. Assessment of the location of these signs will be made after consultation with the local ward councillor.

3. The signs will remain in place at one location for a period of at least one month. After this time, the feedback and data gained from the speed warning sign system will be provided to Council and motorists.

4. Council’s Transport Planning and Strategy Branch will continue to provide advice and assessment of locations of the portable speed warning signs as part of this rolling program. To date, most wards across the city have eight or more sites listed for future locations. The 100 th

site is to be installed in May 2014. The presenter reported that there has been positive feedback received from residents and motorists.

5. A number of slides showing how the data from the portable speed warning signs is collated, were displayed.

6. An example summary of the effectiveness of the portable speed warning signs was given as follows:- 2.3 per cent of motorists were over the posted speed limit when entering the speed

reading zone- 71 per cent of these vehicles slowed down to below the speed limit- average reduction was 17.5 km/h for vehicles above the speed limit- average reduction for all vehicles was six kilometres per hour.In conclusion, the presenter noted that the signs have been effective in reducing speeds on local streets.

7. Following a number of questions from the Committee, the Chairman thanked Mr McCahon for his informative presentation.

8. RECOMMENDATION:

THAT COUNCIL NOTE THE INFORMATION CONTAINED IN THE ABOVE REPORT.

ADOPTED


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B PETITION – REQUESTING A PEDESTRIAN SHARED ZONE IN HYNES STREET, FORTITUDE VALLEY CA13/521139

674/2013-149. A petition from numerous businesses along Hynes Street, Fortitude Valley, requesting a

pedestrian shared zone in the area, was presented to the meeting of Council held on 30 July 2013, by Councillor Vicki Howard, and received.

10. The Manager, Transport Planning and Strategy Branch, Brisbane Infrastructure Division, supplied the following information.

11. The petition contains 158 signatures, representing approximately 40 businesses in the local area.

12. The petitioners are requesting that Hynes Street, Fortitude Valley, between Light Street and Brookes Street, be made into a pedestrian shared zone with a reduced speed limit, zebra crossings and speed platforms.

13. An image showing the section of Hynes Street that is the subject of this petition is submitted on file.

14. Hynes Street is a local access street. Local access streets typically carry vehicle volumes of approximately 1,200 vehicles per day and have a 50km/h speed limit.

15. The land use for this section of Hynes Street is predominantly commercial premises, however there are four residential properties with frontages at the northern end of the street.

16. A seven-day traffic survey was conducted in February 2014, to determine vehicle volumes and speeds on Hynes Street. A 12-hour video survey was also conducted, utilising four camera locations along the street, to determine pedestrian utilisation of the street.

17. Analysis of the video has revealed that while a significant number of pedestrians cross Hynes Street at the Brookes Street intersection, the volume of pedestrians crossing along the remainder of the street was very low.

18. The seven-day traffic survey data recorded on Hynes Street indicated that the average daily vehicle volume was 578 vehicles. The 85 th percentile speed (the speed at which 85 per cent of vehicles were found to be traveling at, or below) was 44km/h in the northbound direction and 47km/h in the southbound direction. The average vehicle speed recorded was below 36km/h.

19. The traffic volumes and speeds recorded are well within the values considered acceptable for a local access street. Given the low pedestrian utilisation of the length of Hynes Street, between Light Street and the intersection with Brookes Street, and the acceptable vehicle volumes and speeds identified, it is not recommended that Hynes Street be made into a shared pedestrian zone with a reduced speed limit, zebra crossings, and speed humps.

Consultation

20. The Councillor for Central, Councillor Vicki Howard, has been consulted and supports the recommendation.

Customer impact

21. The recommendation does not address the petitioners concerns; however the installation of a pedestrian zone, with a reduced speed limit, zebra crossings, and speed humps, has been investigated and identified as not being an appropriate treatment at this time.


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Preferred option

22. It is the preferred option to retain the existing arrangements in Hynes Street, Fortitude Valley.

23. The Manager therefore recommends as follows and the Committee agrees with Councillors Milton Dick and Victoria Newton dissenting.

24. RECOMMENDATION:

THAT THE HEAD PETITIONERS BE ADVISED OF THE INFORMATION CONTAINED IN THIS REPORT AND THAT COUNCIL ENDORSE THE PREFERRED OPTION ABOVE.

ADOPTED

PUBLIC AND ACTIVE TRANSPORT COMMITTEE

Councillor Peter MATIC, Chairman of the Public and Active Transport Committee, moved, seconded by Councillor Steven HUANG that the report of that Committee held on 20 May 2014, be adopted.


Councillor MATIC: Thank you, Madam Chairman; just to the Committee presentation on Kedron Brook Bikeway. It was an excellent presentation by officers from CPO (City Projects Office), just outlining the work they’ve done and some of the innovations that the bikeway now has. I just want to really acknowledge the work of the officers in the planning and the implementation of this bikeway.

Kedron Brook is our longest bikeway, so it gets a significant amount of traffic. It will continue to grow in popularity and volume, particularly after the improvements that have been made, the separation of the pathways between cyclists and pedestrians, the innovative design, and the electronic survey markers just so that we keep a record or how many people are using the pathway either by cycling or walking, I think is a very innovative way of us being able to continue to monitor the growth and to stay ahead of the demand for the future.

Kedron Brook obviously will continue to evolve as further projects are rolled out, but the work done, particularly at this stage, is truly outstanding, and I just want to acknowledge the CPO and all the officers in TP&S (Transport Planning and Strategy) for the work they’ve put into this project. Thank you.

Chairman: Further debate; I will put the motion.

Upon being submitted to the Chamber, the motion for the adoption of the report of the Public and Active Transport Committee was declared carried on the voices.


ATTENDANCE:

Councillor Peter Matic (Chairman), Councillor Steven Huang (Deputy Chairman), and Councillors Nicole Johnston, Kim Marx and Ryan Murphy.

LEAVE OF ABSENCE:

Councillor Steve Griffiths.

A COMMITTEE PRESENTATION – KEDRON BROOK BIKEWAY675/2013-14

1. Carl Billingham, Project Delivery Manager – Civil Infrastructure, City Projects Office,


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Brisbane Infrastructure Division, attended the meeting to provide an update on the Kedron Brook Bikeway. Mr Billingham provided the information below.

2. The Kedron Brook Bikeway is a major east-west cycleway that runs from Arana Hills to Toombul on the northside of Brisbane. The bikeway also connects into the Kedron Bus Station and the Moreton Bay Cycleway at Toombul. An aerial picture of the Kedron Brook Bikeway was displayed.

3. The project was delivered with the Field Services Group to upgrade the existing shared pathway. An image of this shared pathway was shown.

4. The bikeway, between Uxbridge Street, Grange, and Fifth Avenue, Kedron, consists of approximately 1,800 metres of path that has been upgraded from a single 2.5 metre shared path to two segregated paths consisting of a two-metre wide pedestrian and a three-metre wide cycle path, with a central landscaping strip for separation. The project also included: upgraded intersection treatments, wayfinding and directional signage, road markings and an eco-cycle counter.

5. Construction of the bikeway commenced in October 2013 and was completed after six months. The new pedestrian and cycle facilities were physically separated to improve safety and accessibility for this busy recreational and commuter corridor. Images of the completed facility were displayed.

6. The presenter displayed an image of the latest eco-cycle counter technology that has been installed in the bikeway. He explained that over Easter 2014 the eco-cycle counter recorded approximately 1,000 users per day during the week and 1,800 per day on the weekends. The user ratio was noted as being 40 per cent of pedestrians to 60 per cent of cyclists.

7. Following a number of questions from the Committee, the Chairman thanked Mr Billingham for his informative presentation.

8. RECOMMENDATION:


ADOPTED

NEIGHBOURHOOD PLANNING AND DEVELOPMENT ASSESSMENT COMMITTEE

Councillor Amanda COOPER, Chairman of the Neighbourhood Planning and Development Assessment Committee, moved, seconded by Councillor Vicki HOWARD, that the report of the meeting of that Committee held on 20 May 2014, be adopted.


Councillor COOPER: Thank you very much, Madam Chair. We had an application at Committee last week for 186 Wickham Street, Fortitude Valley. This particular application is on a very substantial site in the Valley, just over 3,000 square metres, and has been vacant for nearly 30 years, I understand, following a fire on that site in the 1980s. Probably many people would actually remember it as a very good location for posters. It has always been rather resplendent with posters along the Wickham Street frontage.

This is a site that is actually right next to a heritage listed building, that building, the ES&A building, was initially a grocery store; it became a tea importer, then a boot manufacturer. So, like the Valley, it has gone through a lot of changes. It then became the English, Scottish and Australian Bank, so


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some very interesting history right next door, and this application will, I think, really contribute greatly to that appreciation of that building.

This is a code assessable application. It is in the MP2 (Multi-Purpose Centre) area. It is for three towers across three stages. Stage 1 is a 30-storey residential tower with 187 units and fronting onto Wickham Street. Stage 2 is a 23-storey residential tower with 137 units fronting on to Ranwell Lane, as well as a public plaza. Stage 3 is for a 25-storey hotel with 198 rooms. In stages 1 and 2, the unit breakdown will be 236 one-bedroom units and 88 two-bedroom units. For Stage 1, there is basement parking proposed across four levels with podium car parking for two levels. That, as we noted in committee, is all fully sleeved.

As the committee discussed last week, there will be a dedicated drop-off for guests and taxis via Wickham Street. The site, of course, has excellent access to public transport. It is about 170 metres to Brunswick Central Rail Station. There is a CityGlider stop approximately 200 metres on Wickham Street, as well as having other high frequency bus services right out the front.

This is a site that actually forms part of the Fortitude Valley Neighbourhood Plan. I note that this was a plan that the Australian Labor Party are on record as not supporting, disappointingly. This is a site within the special entertainment precinct core area.

Councillor WINES very appropriately pointed out in committee last week—and I note, he, of course, would be tucked up early in bed every Friday and Saturday night—but this is the special entertainment precinct, important to note. So that means we will have entertainment activities that will be happening on a very regular basis, I would suggest, in very close proximity to this site. So Council officers very carefully considered this and there has been specific conditioning put in place for noise attenuation to mitigate the effects of amplified music from both future and existing venues. I note, also, it is in very close proximity to a significant rail line also needing noise attenuation to manage that impact.

So there has been a noise impact statement provided to demonstrate how it complies with the acceptable solution to the Neighbourhood Plan as well as specific conditions to ensure compliance. This is a great outcome. It will deliver a public plaza with 24-hour access, with a cross-block link from Wickham Street to Mead and Ranwell Lanes to activate that space. There will also be retail opportunities, including a restaurant, and the plaza itself will also showcase that side of the heritage listed building, showing and continuing to show that exposed masonry wall.

There was one referral agency with DTMR (Department of transport and Main Roads), and specific conditions to ensure that railway noise and any railway construction work could be accommodated with any redevelopment. Officers have also conditioned a sustainability management plan for each stage as well as .25 per cent of the total building cost will become a contribution for public artwork.

This, Madam Chair, is a $150 million development in our city. It will deliver hundreds of construction jobs as a consequence, and we believe there will be hundreds more expected once the hotel, restaurant and café are up and running. I would like to thank the local Councillor for her support of this application. I would like to thank the team for all of their hard work and effort, and I would also particularly like to thank the officer who stepped in at the last minute to present the application as the assessment manager, fortunately for her, is on a holiday, and he stepped into the fray and presented that application at committee last week. This is a great application, and it was delightful to see that it was actually unanimously supported at committee last week, which is a rarity indeed, Madam Chair. Thank you very much.

Chairman: Further debate; Councillor ABRAHAMS.

Councillor ABRAHAMS: Thank you, Madam Chair; I rise to talk about the development application at 186 Wickham Street, Fortitude Valley, and 29 Ranwell Lane. As we have heard in the summary previously given, this is for 512 units of which 198 are for a


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hotel, on an empty site that has been empty for many, many years, and therefore I know the local community, the local councillor, and the broader community would wish to see development on this site.

As Councillor COOPER has stated, the Labor councillors will be supporting this application. That doesn’t mean, however, that we don’t have some concerns that we wish to put on the record. The chief one is the issue of above-ground or podium car parking. This proposal has six above-ground podium car parks as part of the proposal—two on Ann Street and the other four against Ranwell Lane. I am seeing in my ward a trend for podium car parking, even though both neighbourhood plans say it is preferable to have basement parking, because that truly delivers activity at the street level and at those first levels.

A solution is to sleeve, and to sleeve means a narrow lining of the car park so that there is some activity, but it is not the same as the activity of a residential use. This delivers people who know their area and are here most of the time when there is activity. I am particularly concerned that Ranwell Lane is where there is the maximum amount of podium car parking, because that is an area that currently is out of the way, dark, two dead-ends to the lane as such, and where one immediately starts being concerned about their personal safety if one is out when there is no one else in the street. So this is a trend.

It was asked in committee about: are there are other examples of podium parking, and there was a rush to say yes, yes, but today we found in committee there was only one that could be remembered in the Valley, and that was one where the slope of the land enabled a podium car park which is slightly different for one level, and at-grade car parking, which is slightly different for this proposal. So I would suggest there is a trend, and that trend is becoming more apparent.

Is this important? I have talked about the public access. But it also is important because it means those who are actually abiding by Council’s preferred planning outcome are penalised significantly in the cost, because a basement car park is a completely different cost impost on the development than if a cheaper podium is approved. In my ward, we are seeing a lot of developments now—suddenly all of them have got podium parking, apart from one of which was refused on the grounds of podium parking, and yet in this situation it is being endorsed. So there is an element of inconsistency that Labor councillors will be looking to see a greater level of consistency that I have argued today.

The other issue is the amount of activity in regards to the pedestrian access through this building. It should be as active as possible. I am aware that there is a heritage wall, but there really are three main activities—the others one would not see as one walked through Ann Street. That being the case, they may not be encouraged to go through, particularly when there is no reason for the general public to be in Ranwell Lane.

Finally, Madam Chair, Ranwell Lane, as part of this development, has not become a vibrant laneway. I am not even sure that there is going to be adequate CCTV, because I was not able to ask that question. There is a proposal for two retail activities out the back. We can’t see them at all until you get there. I would suggest to those that, unless they have a particularly strong following as a franchise, people will not see them and therefore they may struggle to survive. I don’t believe there is sufficient to say that we have activated appropriately that lane which currently has got so little activity in it.

Finally, the issue that Labor councillors will always look at is the total number of car parking. While at one level everyone says in the inner city areas they don’t need cars, that is actually not necessarily the experience where people need it for weekend activity and for social activity, even though now I am very aware they are not using it for commuter travel needs. This proposal has 30 spaces less than that is recommended under the TAPS (Transport, Access, Parking and Servicing Planning Scheme Policy) policy, and it is something that I urge the local Councillor to see what impact that may actually have on the successful wellbeing and the requests to her office for appropriate parking in the future. Thank you.


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Chairman: Further debate; Councillor HOWARD.

Councillor HOWARD: Thank you, Madam Chairman, and of course I am delighted to rise to speak to item A of the Neighbourhood Planning and Development Assessment Committee report. As I said in my first speech in this place, I stand for the future of our city, and what a future this proposal is at 186 Wickham Street promises for Fortitude Valley. It joins 23 new buildings which are either under construction or about to commence construction in the Valley, and that equates to $1 billion in investment and serves as a fantastic catalyst for development.

The more I talk with and listen to the local community, I see that projects like this continue to drive the growth and investment in an area which has previously been grossly neglected. It is the vision of our LORD MAYOR, Graham QUIRK, and this Administration that Fortitude Valley be recognised as a safe, friendly and modern entertainment precinct with a strong daytime economy. It is the investment of this Administration in the fast-tracked $4 million Brunswick Street Mall rejuvenation project that is encouraging investment in the area.

The three-stage tower development sees the first stage deliver a 30-story residential tower of 187 units fronting Wickham Street with ground level retail use and a public plaza. The residential and retail use reinforces the role of the Valley heart as a key commercial, retail and entertainment centre. The public plaza will ensure activation by retail, cafes and restaurants, and will encourage public accessibility through the site.

Stage 2 will see the activation of Ranwell Lane with a 23-story, 137 residential unit tower and stage 3 will provide a 25-story tower with 198 hotel rooms providing an active sleeve to Ranwell Lane and the lobby area fronting the internal public plaza at ground level.

As I have said before in this place, Central Ward values its limited space, and I am committed to using our available spaces as best we can. It makes sense to activate this piece of land, which has been vacant for over 30 years, for more vibrant purposes. It is great to see such a blight on our community be transformed into such a fantastic design. The creation of hundreds of construction jobs will be a welcome outcome of the $150 million investment, as well as many employment opportunities following its completion.

Council officers are to be congratulated on the way they have dealt with the challenges of the site in respect to traffic access, off such a busy road as Wickham Street, and the close proximity to the Fortitude Valley Railway Station. This and the high frequency bus services of the CityGlider provide an attractive public transport solution. It gives people the chance to enjoy new entertainment, retail, employment and accommodation opportunities with a direct link into the heart of the Valley.

What is pleasing to see is that the proposed design of the development will ensure that the side masonry wall of the adjoining local heritage-listed former English, Scottish and Australian Bank building, now known as Monty’s, will be left exposed to truly blend the old with the new. I have often used the words of a previous Mayor of Dallas when people ask where I see the future of Brisbane and where I want to effect change, so I often use this statement: “I want to see a city with roads as strong as our business, parks as beautiful as our children, and a city skyline as tall as our imagination.”

While we are very early in the delivery process, the scene has been set for a building that I think is as tall as our imagination. Thank you to our Development Assessment Planning team for their hard work on this very exciting proposal.

Chairman: Further debate; Councillor COOPER.

Councillor COOPER: Thank you very much, Madam Chair. What a lot of equivocating we had from the Councillor for The Gabba Ward. It is disappointing when people who have supported a proposal then take the opportunity to come into the Chamber and actually speak against it. I didn’t hear any positive feedback. I didn’t hear any


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delight or any joy or any really positive attitude towards a site that has been laying vacant, a desolate site in our city, in our special entertainment precinct, 30 years a vacancy, and no ecstatic joy from those opposite. So that was very disappointing.

I do also note that, in committee last week—and we saw the pictures of the particular frontages that were being provided—so Councillor ABRAHAMS’ point about saying that there’s podium car parking that does not comply with Council’s requirements is fundamentally incorrect. You can see quite clearly there are specific proposals as to how to deal with both frontages. Both frontages will be active frontages, as Council requires them to be.

In this particular case, the comments made by Councillor ABRAHAMS suggesting that Ranwell Lane is a dark place that will have—and she questioned its safety—also questions that seem to have come upon her since last week.


Councillor COOPER: These issues were discussed, Madam Chair.

Chairman: Councillor ABRAHAMS. Order.

Councillor COOPER: These were discussed last week. We talked about the lighting that they had to provide. They have to provide 24-hour access through this site. There is a mid-block link that is being delivered. There is all sorts of activation that is going to occur. There will be public art. There will also be art boxes that will be delivered on that building also, so that will be fitting in very much with Council’s view about our city being a place to really focus on its art and cultural elements. So, Madam Chair, the comments made by Councillor ABRAHAMS continue to be ill-informed.

I also note there’s a number of performance solutions in this particular application. I also think it is important for the Australian Labor Party to recall—they seem to have an issue against performance solutions. But in this case, they are supporting that application. So their consistency yet again is shown to not be genuine.

In addition to that, Councillor ABRAHAMS said there would be no one in the street. Well, I would suggest to you, if there is a 30-storey residential tower of 187 units, if there is in Stage 2, 198 people who will be able to use that new hotel that will be delivered, I would suggest that it will be very active. There will be lots of people there, and the concerns of Councillor ABRAHAMS have yet again been shown to be utterly without substance.

This is an excellent application. This will see an utter transformation of a site that I think has been a blight on our city. I look forward to seeing this application come forward. I look forward to it being constructed, and certainly I think this is a great outcome for Brisbane. Thank you very much.

Chairman: I will put the motion.

Upon being submitted to the Chamber by the Chairman, the motion for the adoption of the report of the Neighbourhood Planning and Development Assessment Committee was declared carried on the voices.

The report as follows

ATTENDANCE:

Councillor Amanda Cooper (Chairman), Councillor Vicki Howard (Deputy Chairman), and Councillors Helen Abrahams, Geraldine Knapp, Shayne Sutton and Andrew Wines.


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A DEVELOPMENT APPLICATION (DISTRIBUTOR-RETAILER) UNDER SUSTAINABLE PLANNING ACT 2009 – MATERIAL CHANGE OF USE FOR CENTRE ACTIVITIES (HOTEL, MULTI-UNIT DWELLING, OFFICE, RESTAURANT, SHOP, SHORT-TERM ACCOMMODATION) – 186 WICKHAM STREET, 29 RANWELL LANE AND PART OF MEAD LANE, FORTITUDE VALLEY – FORWIN INTERNATIONAL INVESTMENTS PTY LTD AND DEPARTMENT OF NATURAL RESOURCES AND MINESA003783377

676/2013-141. The Team Manager, Planning Services North, Development Assessment Branch, reports that

a development application (distributor-retailer) has been submitted by Marvel Investments Pty Ltd (care of Urbis Pty Ltd), as follows:

Development aspects: Carry out building work (preliminary approval)Material change of use (development permit)

General description of proposal:

Building work on land adjoining a Local Heritage PlaceBuilding work for hotel, multi-unit dwelling, office, restaurant, shop, short-term accommodationMaterial change of use for hotel, multi-unit dwelling, office, restaurant, shop, short-term accommodation

Land in the ownership of: Forwin International Investments Pty Ltd and Department of Natural Resources and Mines (for part of Mead Lane)

Address of the site: 186 Wickham Street, 29 Ranwell Lane and part of Mead Lane, Fortitude Valley

Described as: Lot 1 on RP69275, lot 7 on RP9541, and part of Mead Lane

Containing an area of: 3,009 square metres.

2. The application relates to land currently included in the Multi Purpose Centre MP2 – Major Centre designation under the Brisbane City Plan 2000 (City Plan). It is within the Valley Heart Precinct (Precinct 2) in the Fortitude Valley Neighbourhood Plan. The site is currently vacant land with road frontages to both Wickham Street and Ranwell Lane.

Proposal

3. This code assessment development application was properly made on 16 January 2014 for a three stage tower development with total gross floor area of 35,558 square metres including:

Stage 1: 30-storey residential tower (187 units) fronting Wickham Street, ground level retail uses, and public plaza. Basement parking (four levels) and podium parking (two levels) providing 316 spaces for both Stage 1 and Stage 2 (Stage 1 - 165 spaces, Stage 2 - 115 spaces and Stages 1 and 2 - 36 visitor car parking). Stage 1 will also include the podium level structure fronting Ranwell Lane, which accommodates parking, service vehicle loading areas and the circulation through the site to both Ranwell and Mead Lanes for both Stages 1 and 2. The total gross floor area of Stage 1 will be 16,726 square metres

Stage 2: 23-storey residential tower (137 units) fronting Ranwell Lane and the public plaza at ground level. Access and parking for this stage is to be provided as


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part of Stage 1 with an allocation of 115 spaces. The total gross floor area of Stage 2 will be 11,227 square metres

Stage 3: 25-storey hotel/short-term accommodation tower (198 rooms) with an active sleeve to Ranwell Lane and lobby area fronting the internal public plaza at ground level. Parking will be provided in one basement level and four podium levels for a total of 67 spaces. Access, parking and servicing will be via Ranwell Lane, as well as hotel guest drop-off access via Wickham Street. The total gross floor area of Stage 3 will be 7,589 square metres.

4. Vehicle access to the development will be primarily from Ranwell Lane to the basement and podium parking levels. Secondary access via a one-way (entry-only) shared pedestrian area driveway from Wickham Street will be established for a taxi and hotel guest drop-off area to service the hotel/short-term accommodation (Stage 3). All servicing will occur via Mead Lane.

5. The proposal is consistent with the intent of City Plan, and the South East Queensland Regional Plan 2009-2031 (SEQRP) in that:- the site is within the Urban Footprint of the SEQRP - the proposal is consistent with

development principles in the Fortitude Valley Neighbourhood Plan, Centre Design Code, Centre Amenity and Performance Code, Residential Design - High Density Code, Short Term Accommodation Code and Heritage Place Code

- the development can be accommodated within the existing essential infrastructure networks.

Fortitude Valley Neighbourhood Plan

6. The proposal meets the intent of the Valley Heart Precinct in the Fortitude Valley Neighbourhood Plan in that it provides a mixed-use development exhibiting high quality architectural design and streetscape improvements along Wickham Street and Ranwell Lane.

7. The proposed uses accommodate residential and retail uses to reinforce the role of the Valley Heart as a key commercial, retail and entertainment centre. The inclusion of a public plaza ensures activation by retail, cafes and restaurants uses and encourages public accessibility through the site. Strong linkages are proposed through the site by providing a cross-block link for pedestrians from Ranwell Lane to Wickham Street. The building scale and design accords with the provisions of the Neighbourhood Plan.

Special Entertainment Precinct

8. The proposed development is located in the Fortitude Valley Special Entertainment Precinct Core Area A and is subject to a range of State and Local Government assessment tools, as well as Australian Standards. The Noise Impact Report submitted with the application demonstrates that the development will comply with the acceptable noise levels specified in this Neighbourhood Plan.

Volumetric Road Closure

9. In November 2013, approval was granted by the Department of Natural Resources and Mines for a Volumetric Road Closure above Mead Lane. The volumetric road closure provides opportunity for the significant public plaza to be developed over Mead Lane, thereby linking all the towers, whilst the Lane will continue to provide access and servicing to the rear of the adjoining lots. The volumetric closure of the airspace over Mead Lane affects only an area of 4.5 metres above the road pavement. The pavement of Mead Lane will remain unencumbered and will continue to permit unobstructed access by vehicles. Existing access to adjoining sites will be maintained via Mead Lane.


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Streetscape Dedications and Works

10. The Neighbourhood Plan highlights the streetscape requirements for the site being:- Wickham Street as an Urban Valley Street- Ranwell Lane as a Connective Landscape StreetConditions have been included in the approval package for streetscape works in accordance with the Centres Detail Design Manual.

Adjoining Heritage Building

11. The adjoining site to the northeast along Wickham Street contains a local heritage listed building referred to as the former ES&A Bank Building. A Heritage Impact Assessment and Streetscape Analysis Report has been submitted to demonstrate that the proposal development will have no impact on this building. The side masonry wall of the heritage building has been exposed for many years and the proposed design of the development will ensure that this masonry wall is left exposed.

Local councillor consultation

12. The Councillor for Central Ward, Councillor Vicki Howard, supports the proposal.

Referral agencies

13. The application was referred to the Department of State Development, Infrastructure and Planning (DSDIP) as a concurrence agency for the Department of Transport and Main Roads (DTMR) relating to the following technical matters:- Public passenger transport – Material change of use development within 25 metres of

a public passenger transport corridor (Schedule 7, Table 3, Item 14)- Public passenger transport – Material change of use development within 400 metres

of an existing or future public passenger transport facility (Schedule 7, Table 3, Item 14A)

- Railways – Material change of use development within 25 metres of a railway or future railway land (Schedule 7, Table 3, Item 15A)

- Airports – Material change of use development carried out within the obstacle limitation surface of an airport, with a height exceeding 12 metres (Schedule 7, Table 3, Item 15).

DSDIP has imposed conditions which have been included in the approval package.

14. The Team Manager, Development Assessment Planning Services North, advises that relevant reports have been obtained to address the assessment criteria and decision process prescribed by the Sustainable Planning Act 2009 outlining appropriate developmental requirements.

15. The Team Manager recommends that the application be approved subject to the approved plans and conditions included in the Development Approval Package, submitted on file and marked Attachment A. The Committee agrees unanimously.

16. RECOMMENDATION:

(i) That it be and is hereby resolved that whereas–

(a) A development application (distributor-retailer) was made on 16 January 2014 to the Council pursuant to section 260 of the Sustainable Planning Act 2009, as follows:

Development aspects: Carry out building work (preliminary approval)Material change of use (development permit)


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General description of proposal:

Building work on land adjoining a Local Heritage PlaceBuilding work for hotel, multi-unit dwelling, office, restaurant, shop, short-term accommodationMaterial change of use for hotel, multi-unit dwelling, office, restaurant, shop, short-term accommodation

Land in the ownership of:

Forwin International Investments Pty Ltd and Department of Natural Resources and Mines (for part of Mead Lane)

Address of the site: 186 Wickham Street, 29 Ranwell Lane and part of Mead Lane, Fortitude Valley

Described as: Lot 1 on RP69275, Lot 7 on RP9541, and part of Mead Lane

Containing an area of: 3,009 square metres.

(b) The Council is required to assess the application pursuant to section 260 of the Sustainable Planning Act 2009, and decide the application under section 324 of the Act;

The Council—

(c) Upon consideration of the application and those matters set forth in sections 314 and 324 of the Sustainable Planning Act 2009 relevant to the application considers that:(i) the site is within the Urban Footprint of the South East Queensland

Regional Plan 2009-2031, and the use is consistent with an Urban Activity;

(ii) the proposal is consistent the Brisbane City Plan 2000; (iii) the proposal advances the intent and development principles of the

Fortitude Valley Neighbourhood Plan in particularly the Valley Heart Precinct (Precinct 2);

(iv) the proposal will not create adverse amenity impacts on the surrounding area;

(v) the development can be accommodated within the existing essential infrastructure networks.

(d) Accordingly considers that were reasonable and relevant conditions imposed on the development, it would be appropriate that the proposed development be carried out on the subject land;

(e) Issue Brisbane City Council Adopted Infrastructure Charges Notices for the development pursuant to the Sustainable Planning Act 2009 and Brisbane Adopted Infrastructure Charges Resolution (No. 3) 2013, for the transport, community purposes and stormwater trunk infrastructure networks;

(f) Under section 755A of the Sustainable Planning Act 2009, Council on behalf of Queensland Urban Utilities as the Central SEQ Distributor Retailer Authority issue Adopted Infrastructure Charges Notices for the sewerage and water supply trunk infrastructure networks; and

(ii) whereas the Council determines as in (i) hereof, THE COUNCIL APPROVES THE DEVELOPMENT APPLICATION (DISTRIBUTOR-RETAILER) REFERRED TO ABOVE, subject to the conditions in the Development Approval Package, submitted on file and marked Attachment A, and will:


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(a) notify the applicant of this decision and issue the applicant the Adopted Infrastructure Charges Notices;

(b) notify the Central SEQ Distributor-Retailer Authority of the decision and provide the Authority with a copy of the Infrastructure Charges Notices;

(c) notify the Councillor for the Ward of Central, Councillor Howard, of this decision; and

(d) notify the Department of State Development, Infrastructure and Planning of this decision.

ADOPTED

ENVIRONMENT, PARKS AND SUSTAINABILITY COMMITTEE

Councillor Matthew BOURKE, Chairman of the Environment, Parks and Sustainability Committee, moved, seconded by Councillor Fiona KING, that the report of the meeting of that Committee held on 20 May 2014, be adopted.

Chairman: Is there any debate? No debate. I will put the motion.

Upon being submitted to the Chamber by the Chairman, the motion for the adoption of the report of the Environment, Parks and Sustainability Committee was declared carried on the voices.

The report as follows

ATTENDANCE:

Councillor Matthew Bourke (Chairman), and Councillors Peter Cumming, Kim Flesser, Geraldine Knapp and Ryan Murphy.

LEAVE OF ABSENCE:

Councillor Fiona King (Deputy Chairman).

A COMMITTEE PRESENTATION – WATERWAY HEALTH ENHANCEMENT

677/2013-141. Anne Simi, Principal Program Officer, Natural Management Integration, Parks and Natural

Resources Team, Natural Environment, Water and Sustainability Branch, City Planning and Sustainability Division, attended the meeting to provide a presentation on Council’s Waterway Health Enhancement program. She provided the information below.

2. Brisbane has 1,500 kilometres of waterways, ranging from protected headwaters in good condition to highly-modified channelised creeks.

3. Council’s existing Waterway Health Enhancement program aims to achieve improved waterway health through implementing creek and catchment enhancement. Activities undertaken as part of the enhancement program include creek rehabilitation, natural channel design and the use of stormwater quality improvement devices (SQIDs).

4. The program utilises a proactive strategic approach to deliver catchment-based solutions and improved water resource management catchment pollutant outcomes.

5. Council is developing a waterway enhancement prioritisation process. One of the key principles of the process is to protect waterways with high environmental value and concentrate on those at greatest risk of irreversible decline. Adaptive management is essential. Council will continue to improve this process as new knowledge and information, underpinned by science, become available.


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6. Benefits achieved in various areas via water health improvement were summarised as follows:Environmental—- resilient urban waterways- wildlife habitat (terrestrial and aquatic)Social—- provision of ‘breathing spaces’ for the city- promotion of an active and healthy lifestyle- delivering unique, accessible places for recreation and relaxationEconomic—- improvement in quality of life for the community- attracting residents, students and employees to Brisbane

7. Details were provided of successful enhancement projects carried out at the following locations:- Dandenong Road, Mt Ommaney- MacGregor Way, Ferny Grove- New Cleveland Road, Tingalpa- Selkirk Crescent, Ferny Hills.Improvements achieved at the above locations were listed and before and after photographs displayed.

8. The Committee asked the presenter a number of questions and the Chairman thanked her for her informative presentation.

9. RECOMMENDATION:


ADOPTED

B PETITION – REQUESTING THAT A COMMUNITY NOTICEBOARD BE INSTALLED IN THE DOG OFF-LEASH AREA AT DUNLOP PARK, CORINDACA14/197757

678/2013-1410. A petition from residents of Brisbane, requesting that a community noticeboard be installed in

the dog off-leash area at Dunlop Park, Corinda, was presented to the meeting of Council held on 11 March 2014, by Councillor Nicole Johnston, and received.

11. The Executive Manager, Field Services Group, Brisbane Infrastructure Division, supplied the following information.

12. The petition, containing 45 signatures, requested that Council install a noticeboard at the dog off-leash area in Dunlop Park, Corinda, for residents to keep in touch with community issues and events in the district. This dog off-leash area is actually located in George Scarlett Park. The petitioners state that they have seen other parks with a noticeboard in the dog off-leash area.

Funding

13. Councillor Johnston, the Councillor for Tennyson Ward, has confirmed that funding will be made available from the Tennyson Ward Footpath and Parks Trust Fund for the requested noticeboard.

Consultation


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14. Councillor Nicole Johnston, Councillor for Tennyson Ward, has been consulted and supports the recommendation below.

15. The Executive Manager therefore recommends as follows and the Committee agrees.

16. RECOMMENDATION:

THAT THE PETITIONERS BE ADVISED THAT COUNCIL WILL INSTALL A COMMUNITY NOTICEBOARD IN THE DOG OFF-LEASH AREA IN GEORGE SCARLETT PARK (D0011), WITH FUNDING FROM THE TENNYSON WARD FOOTPATH AND PARKS TRUST FUND, and a caretaker will be appointed by Tennyson Ward to keep a check on the notices, restrict commercial advertising and keep the notices neat and tidy. Council recommends a trial period of two years during which time Council can decide whether the noticeboard is appropriately used and should be kept or removed.

ADOPTED

ADJOURNMENT: 679/2013-14

At that time, 3.54pm, it was resolved on the motion of Councillor Ryan MURPHY, seconded by Councillor Kim MARX, that the meeting adjourn for a period of 15 minutes, to commence only when all councillors had vacated the chamber and the doors locked.

Council stood adjourned at 3.55pm.

UPON RESUMPTION:

FIELD SERVICES COMMITTEE

Councillor David McLACHLAN, Chairman of the Field Services Committee, moved, seconded by Councillor Norm WYNDHAM, that the report of that Committee held on 20 May 2014, be adopted.


Councillor McLACHLAN: Thank you, Madam Chairman, before I move to the report I’d just like to report to the Chamber on the commencement of the Annual Hazard Reduction Burn program which is starting today in Brisbane. There has been some smoke from other back burn operations from other areas in the last couple of days but Council’s operations are beginning this evening. So there will be smoke in various areas as a consequence in suburbs such as Mackenzie, Nathan, Coopers Plains, Robertson, Salisbury, Moorooka and Tarragindi. There will be notifications to residents about the operations that are underway but residents who live or are concerned about smoke, are encouraged to look at the Council website to get all the information. Every bit of information that is available will be up on the Council website.

As councillors will be aware there is a lot of preparation that’s done ahead of any planned burns to ensure that they mitigate risk to wildlife, and that there are areas of the forest that are left untouched to be used as a wildlife refuge. But as I say, there is information available to all residents on the Council website. I encourage councillors also to have a look at that information and to make sure they’re across this important aspect of our summer preparation to make sure that we don’t have any problems or have as few problems as possible from wild fires over the coming season as we get into summer after the winter period.

Madam Chairman, the committee presentation last week item A before us here today was on the resurfacing of Coronation Drive, very important work undertaken by the Asphalt and Aggregates Branch of Council. This was another big job and followed closely on from the excellent resurfacing work of the Story Bridge. This was work that was paid for partly out of the QRA, Queensland Flood Recovery Taskforce as a consequence of the damage that occurred to Coronation Drive during the 2011 flood. As all would be aware this is a major


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artery of the city with something like 77,000 vehicles passing at any given point on Coronation Drive.

So this is one of the major roads of the city and it needed to be attended to. As I think I said previously it was last resurfaced under the Soorley administration days. This was a resurfacing that occurred with much greater efficiency and without disruption to residents in a 33-shift program. An excellent outcome for the residents of Brisbane. We now have a roadway along Coronation Drive in excellent condition. Thank you, Madam Chair.

Chairman: Further debate? I will put the motion.

Upon being submitted to the Chamber, the motion for the adoption of the report of the Field Services Committee was declared carried on the voices.


ATTENDANCE:

Councillor David McLachlan (Chairman), Councillor Norm Wyndham (Deputy Chairman), and Councillors Peter Cumming, Nicole Johnston, Kim Marx and Ian McKenzie.

A COMMITTEE PRESENTATION – RESURFACING OF CORONATION DRIVE

680/2013-141. Jamie Hall, Acting Manager, Asphalt and Aggregates Branch, Field Services Group, Brisbane

Infrastructure Division, attended the meeting to provide an update on the resurfacing of Coronation Drive. He provided the information below.

2. The details of the project were outlined. Resurfacing occurred on approximately 1.6 kilometres of the six existing lanes between Cribb Street, Milton, and Patrick Lane, Auchenflower. The pre-construction budget estimate of the project was $2.45 million, which included funding from the Queensland Reconstruction Authority as a result of flood damage caused during the January 2011 flood event. The old Tidal Flow lighting system was also removed as part of the project.

3. An aerial image of the sections of Coronation Drive that were resurfaced was displayed.

4. The site conditions that existed prior to the resurfacing works were outlined. Coronation Drive is a heavily-trafficked arterial road leading into the Brisbane CBD from the western suburbs. The presenter noted that the road surface of Coronation Drive, before the resurfacing works, was 12 years old and had suffered extensive rutting, cracking, patches and services trenches after being affected by the flooding.

5. A number of statistics from the resurfacing project were outlined as follows:- 33,700 square metres of road resurfaced- 11,840 tonnes of asphalt used- workers completed 33 shifts- total budget expenditure was $2.42 million.

6. One of the challenges of the project included the removal of the old Tidal Flow lighting system. The presenter noted that it was encased in concrete, which presented the risk of damage and delays if profiled out as part of the works. The workers spent two nights removing and putting a temporary filling in the holes prior to the resurfacing works commencement.

7. Other challenges encountered during this project included the adjacent backflow drainage works being conducted in Lang Parade, with traffic management being required to ensure that there was no impact on the delivery of both projects.


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8. Traffic management was also a crucial challenge encountered during the resurfacing works scheduled for Coronation Drive. There were limitations on the times when the works could be conducted, so as not to impede the flow of traffic in this area. Temporary line markings were placed in the area to ensure that the initial lines could be remarked prior to the morning peak hour.

9. Following a number of questions from the Committee, the Chairman thanked Mr Hall for his informative presentation and passed on his thanks to the team for their great work during this project.

10. RECOMMENDATION:


ADOPTED

BRISBANE LIFESTYLE COMMITTEE

Councillor Krista ADAMS, Chairman of the Brisbane Lifestyle Committee, moved, seconded by Councillor Andrew WINES, that the report of that Committee held on 20 May 2014, be adopted.


Councillor ADAMS: Thank you, Madam Chair. Before I go to the report I would just like to make sure that the Chamber is aware of our brand new program that is on at the Planetarium that started last weekend which is called Dark Universe. It’s a first of a kind in Australia. It’s very, very exciting. It’s absolutely cutting edge when it comes to technology and the images that we’re seeing about dark matter within our universe. It has actually been set up by, it’s actually been done by the American Museum of Natural History and NASA.

So there’s never been seen before footage of the universe and dark matter and some of the renderings are going to be absolutely spectacular on our beautifully upgraded Planetarium. The thing to notice is it’s only on for a month so it started last weekend and it goes through to the end of June. It is also completed with the night sky tour on the Saturday night as well—not to be missed. It’s narrated by a very respected science communicator and astrophysicist. He’s the narrator of the show Cosmos on the ABC if you’re familiar with him, Dr Neil deGrasse Tyson. Again he knows his stuff as well. He’s the narrator for the program and it just shows you the type of programs and quality of programs we’re getting at our Planetarium now and this one is a very exciting one.

I know there are still plenty of people here that have not been to the Planetarium that need to get there to recognise what a fantastic venue it actually is. As I said don’t miss out. It’s Saturdays, Sundays and Wednesday sessions through to the end of June. So come and learn all about black holes and cosmic collisions.

In the committee report last week, Madam Chair, we looked at Brisbane Youth Week, a huge success from 13 to 14 April which was actually the first week of the Easter school holidays. There was a program of many free events and activities for young people right throughout the city and suburbs to get involved in. This is an initiative that is held right across the country for National Youth Week. But for our Brisbane Youth Week as I said—the first week of the Easter holidays—we launched it on 4 April in Reddacliff Place. We had over 5,000 that lined up for the artists that were there that night, including our own youthful Councillor MURPHY and Councillor WINES that were there to take on the entertainment.

Great to see we had some of our really new up and coming artists performing at that event too, such as Asta who was the Triple J Unearthed winner for 2012, Academy of Brothers who were on Australia’s Got Talent along with


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Swagamama so something that all of the young people could actually relate to. They’re our modern type of TISM Councillor BOURKE if you knew Swagamama. TISM might be a little bit before your time though. The beauty of Youth Week is that it actually is run by young volunteers and they use that experience as work experience on running programs and putting on the events.

We partnered with Headspace, 4ZZZ, QPASTT (Queensland Program of Assistance to Survivors of Torture and Trauma), MDA (Multicultural Development Association). We had functions in the Deagon Ward that had information stalls, Visible Ink had features on as well. Our libraries held programs of discussion around important youth issues. We had Vibrant Voices which was held at the Wynnum Bandstand which is an event that brought together local young people to share their ideas and showcase their creative talents. LMYAC (Lord Mayor’s Youth Advisory Committee) Youth Team, last year’s LMYAC presented to this year’s LMYAC on the work that they did, and how they could get involved and carry on with the LMYAC alumni, and talk about some of the projects that they could work on themselves this year.

Walk in our Shoes was held in West End and produced by Youth Voice Brisbane. That was with QPASST and MDA and talking about young refugees in Brisbane and getting some young people in Brisbane to realise the backgrounds of those that have come to live here from other countries and the trauma that they may have experienced. So it was a really story sharing activity, mini cultural festival, live music. I’m sure Councillor DICK was aware of the one at DJ Sherrington Park. So they had skating and BMX and scooter workshops and over 300 people went along to get involved in that which was fantastic to see as well.

So much to do in Youth Week, another very successful year and I recommend the report to the chamber.


Upon being submitted to the Chamber by the Chairman, the motion for the adoption of the report of the Brisbane Lifestyle Committee was declared carried on the voices.


ATTENDANCE:

Councillor Krista Adams (Chairman), Councillor Andrew Wines (Deputy Chairman), and Councillors Vicki Howard, Steven Huang, and Victoria Newton.

LEAVE OF ABSENCE:

Councillor Steve Griffiths.

A COMMITTEE PRESENTATION – BRISBANE YOUTH WEEK681/2013-14

1. Vanessa Fabre, Inclusive Communities Manager, Connected Communities, Brisbane Lifestyle Division, attended the meeting to provide a presentation on Brisbane Youth Week. She provided the information below.

2. Brisbane Youth Week this year was held between 4 and 13 April 2014. Brisbane Youth Week is an event that is part of National Youth Week that celebrates and recognises young people aged between 12 and 25.

3. There are more than 200,000 young people in Brisbane aged 12 to 25 and they represent 20.5 per cent of the Brisbane population. Forty-one thousand and seventeen (25 per cent) of these young people were born overseas.

4. In 2014, Council released the Youth Strategy 2014-19 which is an integrated, whole-of-


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Council plan to support the engagement, recognition and development of Brisbane’s young people. The strategy vision is of a city where young people are healthy and valued, resilient and confident young citizens, and actively contribute to a better Brisbane.

5. Youth Week is an important opportunity to realise these elements of the Youth Strategy and it delivers on a number of the strategy initiatives, including:- addressing the lack of all ages events- celebrating Aboriginal and Torres Strait Islander culture- collaborating with youth and community organisations- increasing use of youth spaces, libraries, parks and public spaces- mentoring, volunteering and development opportunities.

6. The Brisbane Youth Week program included a number of events. Some of the week’s events were:- Youth Week launch event - Walk In Our Shoes- LMYAC (Lord Mayor’s Youth Advisory Committee) Alumni Forum - Inala Youth Service event- Vibrant Voices- 4ZZZ Street Soundzzz- Activ8 Multicultural Youth Empowerment Leadership Forum- Youth Homeless Matters Day Exhibition- Queeriosity Festival- Mt Gravatt PCYC (Police Citizens Youth Club) and BABI (Bayside Adolescent

Boarding Incorporated) event- Ferny Grove and Deagon Day Out- Chill Out and Council library events.

7. The launch event was held on Friday 4 April 2014 at Reddacliff Place in the CBD. Sixty-six young established and emerging artists attended the event and 17 young volunteers assisted. Over 3,000 people attended and the feedback from the young people in attendance was very positive.

8. The presenter then went on to describe and discuss with the Committee a few of the events held during the week.

9. Following a number of questions from the Committee, the Chairman thanked Ms Fabre for her informative presentation.

10. RECOMMENDATION:


ADOPTED

FINANCE, ECONOMIC DEVELOPMENT AND ADMINISTRATION COMMITTEE

Councillor Julian SIMMONDS, Chairman of the Finance, Economic Development and Administration Committee, moved, seconded by Councillor Angela OWEN-TAYLOR, that the report of that Committee held on 20 May 2014, be adopted.


Councillor SIMMONDS: Just quickly, Madam Chairman, to thank our Council’s Corporate Treasurer very much for his quarterly presentation that he gives. They are always very informative. We hope that he enjoyed his holiday. We are happy to have him


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back and I hope he enjoyed it because we’re not going to let him go away again in the near too distant future.

Madam Chairman, also just to inform the Chamber that Chris Kelly has had a baby girl, him and his wife have had a baby girl, a baby girl, Adelaide. I’m sure the Chamber extends their thoughts and congratulations to them. Thank you.


Upon being submitted to the Chamber, the motion for the adoption of the Finance, Economic Development and Administration Committee was declared carried on the voices.


ATTENDANCE:

Councillor Julian Simmonds (Chairman) Councillor Angela Owen-Taylor (Deputy Chairman), and Councillors Ryan Murphy, Shayne Sutton and Kim Flesser.

LEAVE OF ABSENCE:

Councillor Fiona King.

A COMMITTEE PRESENTATION AND REPORT – NET BORROWINGS, CASH INVESTMENTS AND FUNDING (MARCH 2014 QUARTER)109/800/148/1

682/2013-141. Jiri Arnost, Corporate Treasurer, Corporate Finance, Organisational Services Division,

presented a report to the Committee on Council’s net borrowings for the quarter ended March 2014. The report details the corporate cash holdings invested and the status of Council’s funding activities.

2. The presentation provided a market and economic review, and a summary of the following issues in relation to Council’s investments:- cash position- cash activity review- earnings on investments- funding capability- borrowings- facility performance- leasing exposure.

3. The Chairman thanked the Corporate Treasurer for his informative presentation. The report is presented for noting by Council.

4. RECOMMENDATION:

THAT THE INFORMATION CONTAINED IN THE REPORT BE TABLED AND NOTED.

ADOPTED

CONSIDERATION OF NOTIFIED MOTION – Recommendations by the Queensland Ombudsman:(Notified motions are printed as supplied and are not edited)

683/2013-14The Chairman of Council (Councillor Margaret de WIT) then drew the Councillors’ attention to the notified motion was listed on the agenda as follows:


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‘That this Council:a) Respects the role of the Ombudsman as an independent agency responsible for

investigating complaints about the actions and decisions of Queensland public agencies and their staff that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong.

b) Formally notes the Queensland Ombudsman’s recommendations in relation to its May 2014 investigation of a complaint about councillor access to information which were:- Recommendation 1: The Council without delay provide the councillor with

access to the entire draft report as it existed at the time of the Councillor’s request pursuant to s172 of the COBA.

- Recommendation 2: The Council i) immediately review its practices and procedures to ensure responses to questions on note comply with s34 of MLL2001 or ii) within six months of this report take steps to amend MLL2001 to reflect timeframe requirements that are capable of being met for answering questions on notice.

c) Formally notes the Ombudsman’s opinion contained in its May 2014 investigation of a complaint about councillor access to information that: In purporting to restrict the access of councillors to certain categories of records, the interpretation of s 172 of the COBA adopted by Council does not advance accountability. Nor does it, in my view reflect the local government principles of democratic representation, ethical and legal behaviour of councillors (which is given effect by offence provisions protecting against the misuse of information).

d) In the interests of good governance, openness and transparency this council resolves to fully comply with the Ombudsman’s recommendation for all councillors particularly Recommendation 1: The Council without delay provide the councillor with access to the entire draft report as it existed at the time of the Councillor’s request pursuant to s172 of the COBA.

e) Formally recognises and agrees to adhere to the definition of a record as defined by the Public Records Act 2002 which in Schedule 2 defines a record as:

Record means recorded information created or received by an entity in the transaction of business or the conduct of affairs that provides evidence of the business or affairs and includes—(a) anything on which there is writing; or(b) anything on which there are marks, figures, symbols or perforations having a

meaning for persons, including persons qualified to interpret them; or(c) anything from which sounds, images or writings can be reproduced with or

without the aid of anything else; or(d) a map, plan, drawing or photograph.’

(Clause e) of the motion was subsequently ruled out of order by the Chairman)

The motion was moved by Councillor SUTTON and seconded by Councillor DICK.

Chairman: Councillor SUTTON, debate?

Councillor SUTTON: Thank you, Madam Chair, and I appreciate that it is a long motion. But I drafted this motion as result of the discussion and debate that was had in this place last week on the Ombudsman’s report into an investigation of a complaint about a councillor’s access to information. I guess the issue for me is that there’s the common misconception that democracy just is. It just happens, just because we have elections, that’s democracy. That is not the case. Our democracy is only as good as those who act to preserve it.

When the former State Labor government introduced the City of Brisbane Act in 2010 I issued a press release as Leader of the Opposition condemning that legislation. The title of the press release was, “The end of democracy at City Hall”. I did that and I made those statements because that was fundamentally what I believed this City of Brisbane Act legislation would do, because for the first time ever, it legislatively enabled Brisbane City Council to become the most secretive council in Australia.


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I was then aghast that one of the first priorities of the Newman State Government was to make that legislation even worse—

Chairman: Councillor SUTTON can we get to the content of the motion please.

Councillor SUTTON: Yes, Madam Chair, and this motion does quote section 172 of the City of Brisbane Act in dot point C.

Chairman: Well that really doesn’t justify a history lesson on—

Councillor SUTTON: No all I’m saying, Madam Chair, is, and I’m only going to finish my sentence if you permit me to, and then I will move on, because what the Newman State Government did do was that they put in place even more secrecy provisions that restricted councillors’ access to records to issues in their own wards only. We could no longer access records on citywide issues in other wards. So for me it’s no surprise that we find ourselves here today dealing with an Ombudsman’s report regarding the LNP Administration’s refusal to grant access to Council records to non-Administration councillors.

LORD MAYOR Graham QUIRK’s unwillingness to adopt the Ombudsman’s recommendations in full in relation to allowing local councillors access to files, in my view shows that his LNP council is no longer acting in the public interest but is solely acting in its own political interest. To me it also shows that this LNP Council Administration has become an administration drunk on power and secrecy, and that this is what having a massive majority does. In the words of Lord Acton: “power corrupts and absolute power corrupts absolutely.”

How else do you explain the denial of information to councillors in this place? We are democratically elected by residents to represent them on issues of importance to our local communities in our wards but also on citywide issues. So I say to the LNP councillors here today if you have nothing to hide you have nothing to worry about. All local councillors want to be across the issues that are affecting people in their wards. It is our job to do that. You are denying us the ability to act in that way. The custodians of our political institutions must be prepared to accept findings of independent agents set up to review their performance. To do otherwise is to diminish the operation of our democracy.

The Ombudsman has a very clear role. It is as noted in dot point A of this motion, it is an independent agency responsible for investigating complaints about the actions and decisions of Queensland public agencies, including councils and their staff that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong. That is their brief. It is also important to note that the Queensland Ombudsman is the oversight agent for the Public Interest Disclosure Act 2010. That means the Ombudsman has a role to monitor and review the management of public interest disclosures and provide education and advice about these public interest disclosures.

The State Ombudsman is an important check and balance for our public agencies, including our representative forums such as this Brisbane City Council and the Chamber in which we meet. Therefore this Administration should be ashamed and embarrassed by the Ombudsman’s opinion which clearly states that in the Ombudsman’s view, Council’s actions in purporting to restrict the access of councillors to certain categories of records, the interpretation of section 172 of the City of Brisbane Act adopted by Council, does not advance accountability.

This is what the independent umpire says about you and the organisation that you are running. Nor does it, in my view, reflect the local government principles of democratic representation, ethical and legal behaviour of councillors and, Madam Chair, the LORD MAYOR thinks that’s okay. He thinks that is okay that the independent umpire, the State Ombudsman, finds that his Administration is not acting in a way to advance accountability, is fine. He has got no issue with that. He’s not ashamed or embarrassed. They aren’t jumping to correct their behaviour. Instead in the secretive arrogant way they have simply said we disagree, case closed.

Madam Chair, that is not good enough. This Council should fully comply with the independent umpire. We have an obligation if we are to purport to running


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this Administration under the principles of good governance and good local government. Madam Chair, you as chairperson or president of the Local Government Association of Queensland must deal with good governance principles for local government you surely must agree with this point. We should be adhering to the independent umpire’s decision. But they’ve already made up their mind.

Do you know what? What’s really concerning to me with regards to the LNP’s way of complying with recommendation 2 which was to immediately review our practices and procedures of ensuring questions on notice are appropriately answered in accordance with the local law, I’m really concerned about how the LNP has decided to adopt this recommendation. Because if you look at the answers to the questions on notice on today’s notice paper, you hear this sentence over and over and over again: “The information could not be provided within the timeframe for responses required for the Meetings Local Law 2001.”

I have a question to the LORD MAYOR if he dares to lower himself to enter this Chamber because he refuses to—

Chairman: Councillor SUTTON.

Councillor SUTTON: Well, Madam Chair, he refuses to participate in any debate on any Notice of Motion moved by the councillors in this place. He always absents himself for these Notices of Motion—

Chairman: Councillor SUTTON, get back to the motion.

Councillor SUTTON: Well, Madam Chair, I would like the LORD MAYOR to come into this Chamber and answer my question in relation to how he has chosen to allow his Administration to respond and appropriately implement recommendation 2. Do these sentences on the notice paper today where it specifically says that the information could not be provided within timeframes, does that mean we’re not getting the answers at all? Is that what that means or will those answers be provided to us at a later date? I want the LORD MAYOR in here to answer that question for me as part of this debate.

Madam Chair, this motion also asks the Council to formally recognise and agree to adhere to the definition of a record as defined by the Public Records Act 2002, which, and I’ve listed the definition of record there. Madam Chair, the Public Records Act binds the State and the State only. But as the biggest local government in the State and the nation we should be striving to meet these standards. As I say, I asked for a copy of Council’s record-keeping policy as the LORD MAYOR got up and spoke about them, I asked for a copy of what our record-keeping policies are for my own reference so I knew exactly what we were keeping as a record and what we weren’t.

Chairman: Councillor SUTTON your time has expired.

Councillor SUTTON: I haven’t got them.

Clause e) ruled out of order

Chairman: Before we continue, an omission on my part. When the motion was moved I should have pointed out that Clause E is actually incompetent in this motion, because clause E is calling on the Council to adhere to the definition of a record as defined by the Public Records Act and that cannot be done through a motion in this Chamber. It requires a change to the Local Government Act so that cannot be done in this place. So clause E is struck out. It is incompetent.

Councillor SUTTON: Point of order, Madam Chair. Can I just seek your clarification on that?

Chairman: I just explained it. Section 172 of the City of Brisbane Act already has a definition of records specific to that section. To legally adopt the record definition in the Public Records Act 2002 (Queensland) a formal amendment of the City of Brisbane Act is required. Council has no power to amend State legislation by Council resolution—don’t interrupt. Council cannot legally adopt


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the definition while the definition of record remains in section 172 of the City of Brisbane Act and that is legal advice.

Councillor SUTTON: Madam Chair, I’m sorry. I’m just somewhat confused because I was told that we do have record-keeping policies. How can we have record-keeping policies that are inconsistent with the City of Brisbane Act I guess is the point that I was trying to make at the end of my speech. So I don’t quite understand how you’re ruling that as incompetent.

Chairman: Well I will read it again. Paragraph E is legally incompetent because (a) section 172 of the City of Brisbane Act already has a definition of record specific to that section. Now point (b), to legally adopt the record definition in the Public Records Act 2002 a formal amendment of the City of Brisbane Act is required. Part c, Council has no power to amend State legislation that being the City of Brisbane Act by Council resolution which is what would have to happen if clause E were to be considered competent. Also Council cannot legally adopt the definition while the definition of record remains as it is in section 172 of the City of Brisbane Act.

Councillor DICK: Just a point of order, Madam Chair.

Chairman: Yes Councillor DICK?

Councillor DICK: Would you be happy to table that advice for all councillors?

Chairman: I can’t table it as it is because it’s part of another letter but it’s—

Councillor DICK: Are you able to provide it subsequent to the meeting?

Chairman: I can—

The Motion before Council therefore read as follows:

‘That this Council:a) Respects the role of the Ombudsman as an independent agency responsible for

investigating complaints about the actions and decisions of Queensland public agencies and their staff that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong.

b) Formally notes the Queensland Ombudsman’s recommendations in relation to its May 2014 investigation of a complaint about councillor access to information which were:- Recommendation 1: The Council without delay provide the councillor with

access to the entire draft report as it existed at the time of the Councillor’s request pursuant to s172 of the COBA.

- Recommendation 2: The Council i) immediately review its practices and procedures to ensure responses to questions on note comply with s34 of MLL2001 or ii) within six months of this report take steps to amend MLL2001 to reflect timeframe requirements that are capable of being met for answering questions on notice.

c) Formally notes the Ombudsman’s opinion contained in its May 2014 investigation of a complaint about councillor access to information that: In purporting to restrict the access of councillors to certain categories of records, the interpretation of s 172 of the COBA adopted by Council does not advance accountability. Nor does it, in my view reflect the local government principles of democratic representation, ethical and legal behaviour of councillors (which is given effect by offence provisions protecting against the misuse of information).

d) In the interests of good governance, openness and transparency this council resolves to fully comply with the Ombudsman’s recommendation for all councillors particularly Recommendation 1: The Council without delay provide the councillor with access to the entire draft report as it existed at the time of the Councillor’s request pursuant to s172 of the COBA.’

Councillor MURPHY: Point of order, Madam Chairman.

Chairman: Yes Councillor MURPHY.


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Councillor MURPHY: Madam Chairman, given your ruling that clause E is incompetent I’d like to request that Items A, B, C and D be taken in seriatim for voting purposes.

Seriatim – Clauses a), b), c) and d) Councillor MURPHY requested that Clauses a), b), c) and d), be taken seriatim for voting purposes.

Chairman: Further debate? Councillor HOWARD.

Councillor HOWARD: Thank you, Madam Chairman. Madam Chairman, I rise to speak on this motion—

Councillor JOHNSTON: Point of order, Madam Chairman.

Chairman: Yes point of order Councillor JOHNSTON.

Councillor JOHNSTON: Just to check you have previously ruled that you cannot, where there are sections like this that are not separate recommendations, you previously ruled in this place that you cannot take them seriatim when I’ve asked you to do that before. I would just ask for some consistency in your ruling about this matter. It’s only a few months ago that you refused to allow me to do this as well.

Chairman: Councillor JOHNSTON you get up here and you make these broad sweeping verballing statements. Councillor JOHNSTON I will refer you to section 44 of the Meetings Local Law which I thought you would know. Point 1 says, when a motion consists of more than one statement, action or concept such statements, actions or concepts shall be put seriatim if any councillor so requests. If you were denied seriatim it would be because—listen to what I say or leave this place. If you were denied seriatim it would be because the motion did not meet the requirements of 44(2) or (3).

So don’t come in here just giving broad statements like that, accusing me of not applying the rules appropriately. You do it week after week—

Councillor JOHNSTON: I just asked—

Chairman: Just don’t answer back. Councillor HOWARD.

Councillor HOWARD: Thank you, Madam Chairman. Madam Chairman, I rise to speak on this motion and would like to make very clear the fact—

Councillor JOHNSTON: Point of order, Madam Chairman.

Chairman: Yes Councillor JOHNSTON.

Councillor JOHNSTON: I dissent in your ruling.

Chairman: Councillor HOWARD.

Councillor HOWARD: Thank you, Madam Chairman. I rise to speak on this motion again and would like to make it very clear the fact that this Council respects the role of the Ombudsman as an independent agency responsible for investigating complaints about the actions and decisions of Queensland public agencies and their staff that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong. Nonetheless the LORD MAYOR made his position very clear last week during Question Time when he was asked for his viewpoint by the leader of the Opposition.

The LORD MAYOR indicated that we as the Administration disagreed with the Ombudsman’s recommendation regarding the release of certain draft documents. We believe that there are very clear interpretations relative to the City of Brisbane Act which support this view. I also note that the CEO wrote to all councillors last week providing a more detailed explanation on this matter. As is apparent from the LORD MAYOR’s advice to the Chamber last week, the Administration supports these views and our position has not changed.

Chairman: Further debate? Councillor JOHNSTON.


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Councillor JOHNSTON: Yes I rise to speak on the motion before us today submitted by Councillor SUTTON and Councillor FLESSER. I note, Madam Chairman, that this motion seeks to confirm a number of things that we should take for granted in this place that are being recklessly ignored by the LNP Administration and senior Council officers including the CEO and the chief city solicitor. I am extremely concerned now that on two occasions the Queensland Ombudsman has made extremely adverse findings about the actions of this Council, in particular the actions of the CEO of this Council and the chief city solicitor.

In both of those matters including the current report from the Queensland Ombudsman he has found that this Council has acted contrary to law. Now this is not me saying I’m not happy with something Council is doing. This is the Queensland Ombudsman who has been empowered by this State to be the independent arbiter about whether or not public servants, councillors and other units of public administration are acting unfairly, unreasonably, illegally or in an otherwise wrong manner. What concerns me with the actions of this administration and the CEO and the chief legal solicitor is these are the people who are responsible for enforcing the City of Brisbane Act.

The CEO has extraordinary powers that have been specifically given to him in the legislation and he has twice been found acting contrary to those provisions. This Administration has done nothing about it. It is clear that he is relying on the bad legal advice from the chief city solicitor. The Ombudsman has made it clear in this report and the previous report that his advice is not supported by Council policy and is not supported by the City of Brisbane Act.

I specifically refer all councillors in this place to Council’s own policy document that the Ombudsman relied on which is a part of the City of Brisbane Act , which is approved policy in this place that says that all documents, whether they have been subject to internal or external consultation are records as part of this Council’s record-keeping processes. Now the Ombudsman has quoted Council’s own policy with respect to this matter. It is clear that documents that have been developed for consultation purposes are records under the City of Brisbane Act, the same section that’s been quoted here today, and therefore are part of the file request that councillors can make.

The fact that this Council has ignored its own policy and is ignoring its statutory obligations under the City of Brisbane Act is disgraceful. The fact that this Administration is excusing the improper behaviour of the CEO of this Council and the chief legal solicitor is wrong. Those are the Ombudsman’s words, Madam Chairman—

Chairman: Councillor JOHNSTON, Councillor JOHNSTON I find that language quite inappropriate and I would ask you to withdraw those comments in relation to the CEO and the chief legal counsel.

Councillor JOHNSTON: Madam Chairman, the Queensland Ombudsman has been very clear—

Chairman: Councillor JOHNSTON do not argue with me. I have just asked you to withdraw the comments you are making about the CEO and the chief legal counsel of this place.

Councillor JOHNSTON: Fine, Madam Chairman, I’ll quote the Ombudsman’s—

Chairman: I have asked you to withdraw the comment.

Councillor JOHNSTON: I withdraw. Now, Madam Chairman, I’ll quote the CEO. He says it in much worse terms than I just have that the CEO of this Council and the chief legal officer have been acting contrary to law, contrary to law. Now, Madam Chairman, that’s disgraceful. These are the people who are placed in the highest levels of responsibility and accountability in our Council and they are breaching the City of Brisbane Act based on this Ombudsman’s findings. This is the second time that they have done it and it is wrong. These are the people who stand up week after week and basically are supposed to sit here in judgement of us as councillors and yet they are not following their own requirements under the City of Brisbane Act.


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The Ombudsman has been very clear about where the fault lies here. It’s a simple report, it’s a straightforward report and the CEO of Council has withheld documents that are vitally critical for people I represent. The worst part of all of this is it’s taken three years to get to this point. That’s how long I have been fighting to get access to information about a road upgrade in Tennyson ward, three years. It took over a year before this Council agreed to let me have access to the files. It became clear to me on viewing the files that there were documents referred to that weren’t in there. I did an RTI (Right to Information) and Council fought me tooth and nail through the RTI process. No we’re not giving it to you. Finally the Ombudsman agreed to—

Councillor MURPHY: Point of order, Madam Chairman.

Chairman: Point of order against you Councillor JOHNSTON. Yes Councillor MURPHY?

Councillor MURPHY: Madam Chairman, I’m just wondering when we can get back to actually debating the motion rather than the councillor’s personal experiences.

Chairman: Thank you, Councillor MURPHY. Yes to the motion please Councillor JOHNSTON.

Councillor JOHNSTON: Madam Chairman, it’s documented in black and white in the Ombudsman’s report which clearly Councillor MURPHY hasn’t read. He couldn’t be bothered to read the process that’s been involved here. Now, Madam Chairman, three years I’ve been fighting to get information about a local project in my ward and for three years, the senior leaders of this Administration and this Council have been trying to stop me from getting it. The City of Brisbane Act is crystal clear about this and it was amended only recently by this administration on the request of the CEO. It is clear under section 171 of the City of Brisbane Act that councillors have the right to access all records about matters in their ward.

When I started on this process it was all matters in the city of Brisbane. What is this Administration trying to hide? What is it that is so secret and so dangerous that they don’t want me, an elected representative in this place to know about? Why is it that the bad behaviour of the senior leadership of this Council is being excused by this Administration? This Council should be standing up and saying we will abide by the Ombudsman’s decision. We will make sure that we comply with the City of Brisbane Act. Instead they say no, we don’t agree with you. We’re not going to do anything about it.

Council’s own policy directly disputes the LORD MAYOR’s pathetic excuse that we don’t hand out draft documents. That is untrue. That is contrary to this Council’s own policy which is clear in the Ombudsman’s report. This Council has so lost its way it is failing the residents of the city of Brisbane when it will not respect the own, enabling legislation, the City of Brisbane Act, that is there to serve councillors and to serve the residents of this city. It is a shameful thing that you are ignoring the Ombudsman’s report. It is in my view a complete failure of governance and integrity and transparency, and worse than that, the residents out my way that I’ve been seeking information for, still have not been given it.

Today I’ve even asked another question about it and guess what, still no information about it. It is not good enough that this Administration is choosing to hide local information about big projects and big initiatives that are happening in councillors’ wards. I call on the Administration to immediately release the report to me. It’s as simple as that. The Ombudsman has asked you to do it. They have said you are acting contrary to law. I’ve got zero respect for you people who stand up and say I do the wrong thing in here when you do the wrong the thing and excuse it.

It says that every single person in this place who will not abide by the Ombudsman’s report you are acting contrary to law by failing to uphold the provisions of the City of Brisbane Act. It is not good enough. You cannot have any integrity when you make a decision like this to refuse to uphold the independent umpire’s call and then stand around and basically accuse me of every sin under the sun in this place. It smacks of hypocrisy and it lacks integrity. It is absolutely appalling, appalling that this Council will not release


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the report that the Queensland Ombudsman says I am legally entitled to have and that Council is acting contrary to law in refusing to provide.

Now they are the basic facts of this. What’s worse is we see the Council saying that they will abide by recommendation 2 about the answers to question on notice and then refusing to answer the questions at the very first week afterwards. I hear the DEPUTY MAYOR and Councillor SIMMONDS laughing. I hear them laughing. It’s not funny.

DEPUTY MAYOR: Point of order, Madam Chairman.

Chairman: Yes point of order against you Councillor JOHNSTON. Yes DEPUTY MAYOR?

DEPUTY MAYOR: I wasn’t laughing at her.

Chairman: Thank you DEPUTY MAYOR that wasn’t really a point of order either.

Councillor JOHNSTON: I didn’t say he was laughing at me, Madam Chairman, he was chuckling it up over there.

Chairman: Councillor JOHNSTON, get on with it.

Councillor JOHNSTON: Yes, yes I’m sure you would warn him because he’s just breached the rules but anyway. Madam Chairman, so what I would say is this Council is not acting in accordance with its legislation—

Chairman: Your time has expired Councillor JOHNSTON. Further debate? Councillor DICK.

Councillor DICK: Look thank you, Madam Chair, and I want to make some remarks tonight regarding this Notice of Motion and I thank Councillor SUTTON for placing it on the notice paper. For some time I have been raising through the media and councillors would know in this chamber about the growing culture of secrecy that we are seeing under LNP administrations. I spoke last week of the LNP experiment which is clearly unravelling at all levels of government but particularly here in the Brisbane City Council. Tonight is the opportunity for the LNP to get up and defend why they operate under a culture of secrecy.

We’ve heard from Councillor HOWARD, who I respect, give a short prepared statement to say that, to be read into the Hansard, that the Administration will not adhere to the Ombudsman’s request. There are reasons why we are in this position due to the actions of this Council. What I find most concerning is that the LNP don’t even want to justify, apart from saying we disagree with the Ombudsman. So I want to go through the Ombudsman’s report because the fact that the Queensland Ombudsman, who we know is an independent officer of the parliament and this is to point A, we know that the Ombudsman is empowered to deal with complaints about the administrative actions of government departments, public authorities, and local governments.

Now I’m unaware and I’m happy to be corrected by the Administration tonight, that under a direction from the Ombudsman in the City of Brisbane’s history if we haven’t accepted or acted on that response. Now previous administrations on both sides may have done so. I’m not justifying those. But I would like to know that if this is a precedent that the first time that we’re seeing this city ignore critical information, critical directions by the state Ombudsman. Now if it is good enough for the State Government it should be good enough for us as well.

We are not above the law in this chamber. We are privileged and we have the honour to serve the citizens of this city but with honour comes responsibility. So the Ombudsman Act 2001 gives the Ombudsman the authority to investigate relevant administration, make recommendations to an agency being investigated, and consider the administrative practice of agencies generally and make recommendations, or provide information or other assistance to improve practices and procedures. Madam Chair, I am of the school of thought good government respects independent views and a fresh set of eyes.


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The decision we take tonight is the LNP thumbing their nose at independence and oversight of their actions. I can’t see it any other way, Madam Chair. I would understand if the Council had firm legal advice that had been circulated to all councillors, if there had been legal opinion as to why their interpretations were different to the Ombudsman and also the Right to Information Commissioner. So one hand we’re seeing the Ombudsman rule in favour of the complainant and we’re seeing the Right to Information (RTI) Commissioner saying that the Council has got it wrong.

But all we’ve heard from the LORD MAYOR of this city who is absent from this debate and just about every other Notice of Motion debate that we deal with, is to say well we simply disagree. We simply disagree. Madam Chair, going through and I want to spend some time on the Ombudsman’s report and I bring to the chamber’s attention and all councillors page 9, to the interpretation of record under section 172. The Ombudsman goes on to say, nothing in the explanatory notes for the City of Brisbane 2010 or the second reading speech lends support to the Council’s interpretation of section 172.

It goes onto the next point to say dictionary meanings of records do not exclude drafts. I quote the draft report was created by a Council officer in the course of an apparently appropriate authorised project. It is also kept by Council and is therefore a Council record for the purpose of section 172. On 2.5 the opinion and recommendation in response to the Council, in response to the CEO, we have from the Ombudsman saying, the recommendation now places Council in a position whereby non-release of exempt material as agreed upon by the Information Commissioner and Council will now be overridden by this office.

Now I understand by reading through the report on page 11 where it says, the CEO indicated that notwithstanding the view of the section of the provisions of 172 of the City of Brisbane Act Council requests that this offers opinion and recommendation to reflect the outcome achieved in this matter with the office of the Information Commissioner. I agree with the CEO that the Ombudsman and RTI Commissioner operate under separate legislative instruments. However the RTI Commissioner’s decision rejects the Council’s view that the definition of a record under section 172 of the City of Brisbane Act precludes draft documents.

I consider that the councillor having to apply for release under the RTI Act was only necessary because of the position that Council took on the interpretation. Had the Council correctly interpreted section 172 of the City of Brisbane Act at the time of the councillor’s request the councillor would have been given access to the draft report in full. Yes this is an argument and a debate over one record. But it goes to the whole crux of how the LNP and the LORD MAYOR operate. Now, Madam Chair, I don’t know why they are afraid of open and transparent government. I do not know.

But what we’re seeing after 10 long years of the LNP in charge of this city, 2014 marks 10 years, that the LNP have set the budget, that they have had control of the city’s finances and the direction and policy of our city, why they are taking this approach. If there is good reasoning why, apart from as we heard from Councillor HOWARD and the LORD MAYOR, well we just disagree. I’m sorry, out in the court of public opinion that does not cut it, that simply does not cut it. Just because you don’t like people knowing what you’re up to or the decisions that you’re doing and it may cause you embarrassment is not good enough.

Let me be very clear on this through you, Madam Chair. This will come back to haunt the LNP. This decision will ultimately haunt and hurt the LNP because the ratepayers of our city every day are waking up to more and more. Look at the media reports after our Council meetings. Just about every week there is a media report about the secrecy that you are involved with. I don’t make that up. The media are covering this—the cloak of secrecy, why records are being kept in secrecy, why you’re ignoring the Ombudsman’s report, why you’re not releasing information when enquiries are made about things like yellow lines.

What we want to know on behalf of the ratepayers is we want to give them a fair go and the access to the information that’s affecting them. The report that we’re


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asking to look at not only affects Councillor JOHNSTON’s ward. It impacts my ward. It impacts Councillor BOURKE’s ward. Madam Chair, I believe this is the tip of the iceberg, that this is the tip of the iceberg where we’re seeing—what other records are being locked up? We know when they had the opportunity as Councillor SUTTON indicated that the City of Brisbane Act was changed so that we can’t access as much information as we once could.

Now we’re seeing a direct defiance of the Ombudsman and the Right to Information Commissioner’s views and opinions which says that Council is acting contrary to law. Madam Chair, I am really hopeful that when we vote on this tonight those members with a conscience on that side of the chamber will do the right thing. They will stand up and actually support good government and open and transparent procedures.

If you don’t vote this tonight on all of these recommendations you are thumbing your nose not only at the Ombudsman, not only the Right to Information Commissioner but also the ratepayers of this city. It’s not good enough and it’s got to change.

Chairman: Further debate? Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Thank you, Madam Chairman, I rise in support of the view of this administration as has already been put by my colleague, the Councillor for Central Ward tonight. I’d like to reaffirm her statements and note that the LORD MAYOR was quite specific and very clear in his position last week in this very chamber. Of course we on this side of the chamber respect the role of the Ombudsman and of course we on this side of the chamber—

Chairman: Councillor ABRAHAMS.

Councillor OWEN-TAYLOR: —take note of his recommendations. We also take note of his opinions. Nonetheless this administration’s position remains firm and united. We disagree with the Ombudsman’s recommendation regarding the release of certain draft documents. Yet again the Opposition in this place has brought forward a motion riddled with incompetence and bungled it into this chamber which is surprising given the legal qualifications that a number of those on the other side of the chamber have.

Yet again we have another instance of political grandstanding for no avail and no purpose rather than to continue to waste the time of this chamber.

684/2013-14Motion be now putCouncillor OWEN-TAYLOR moved, seconded by Councillor MURPHY, that the motion be now put and upon being submitted to the Chamber, the motion was declared carried on the voices.

Thereupon, Councillors DICK and SUTTON immediately rose and called for a division, which resulted in the motion being declared carried.


AYES: 17 - The DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES and Norm WYNDHAM.

NOES: 8 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON, Shayne SUTTON and Nicole JOHNSTON.

Chairman: Councillor SUTTON, to sum up.

Councillor SUTTON: Thank you, Madam Chair, well doesn’t that just say it all? Here we have an LNP Council that insists on no transparency, no accountability and no debate. This


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clearly shows that this is an LNP Council administration that is drunk on power and arrogant in the extreme. This Council is not above the law. You have got the state Ombudsman and the Right to Information Commissioner clearly on record saying this Council’s interpretation of what is a record is wrong in law. You are so arrogant to stand in this place and refuse to debate it.

You are in denial when you are saying that you respect the role of the Ombudsman. That is folly. You will give lip service to what the Ombudsman’s report says.

Chairman: Councillor SUTTON, Councillor SUTTON before you go on I’m finding it a bit offensive the way in which you and other councillors on that side are referring to everything as you. It’s through the chair but I would ask you to not have it in the first person. Thank you.

Councillor SUTTON: Sorry. Okay the LNP councillors in this place are drunk on their own power and arrogant in the extreme. The LNP councillors will stand in this place and say that they respect the Ombudsman. That is folly. They pay lip service to the Ombudsman and they ignore his recommendations entirely. If you had respect, if this Council, if LORD MAYOR Graham QUIRK had respect for the Ombudsman he would be standing in this Council right now being prepared to debate the motion before us and to explain why it is he has adopted, his Council has adopted, the definition of a record.

Madam Chair, the definition of a Council record as per section 172 of the City of Brisbane Act says it includes documents created by or kept by the Council about its operations, whether or not the records must be available to be viewed by the public. Then there are a couple of exclusions with relation to the code of conduct review and legal issues or the statutory committee which is the E&C committee. Madam Chair, that is a very, very wide-ranging definition. It is fact that in addition to this section of the City of Brisbane Act Council does, has its own record-keeping policies. However they are yet to share those Council record-keeping policies with me.

I have asked to see a copy of those record-keeping policies. I have not been provided with it. Maybe they’re not a true record. Maybe it’s a draft policy that’s never been ratified, who knows? But, Madam Chair, the second thing I’ve asked for advice on is when these record-keeping policies were last updated? I’d be really interested to know because can I tell you the content of the files in terms of what we see these days compared to what we used to see when we pulled the files back in 2004, 2008 even up to 2010, has changed immensely. That is a point of real concern.

It is really clear by this debate that this LNP Council is no longer acting in the public interest. It is solely, solely interested in acting in its own political interest. I said in my opening statements, and I quoted from Lord Acton, that power corrupts and absolute power corrupts absolutely. I think we are seeing a demonstration of that here in this Council, not just tonight but every single day, every single time a Brisbane City councillor is denied access to an issue of relevance and importance to the people of Brisbane. This is an assault on our city’s democratic practices. This needs to be taken further.

Nobody is above the law, not LORD MAYOR Graham QUIRK, not anyone of the LNP councillors that are sitting opposite, the CEO, not anybody. When you have two statutory authorities, the State Ombudsman and the Right to Information Commissioner—both of them saying we are acting, this Council is acting contrary to law—we have an issue. Not according to the LNP but I think any reasonable person would see that that is a fundamental issue that goes to the heart of the way in which this Council operates in secrecy and it cannot be trusted.

Chairman: Councillor SUTTON, your time has expired.

I will put the motion for each section, each clause of this motion separately with the exception of E which has been struck out. I put the motion for clause A.

Clause a) put


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Upon being submitted to the Chamber, Clause a) of the motion was declared carried on the voices.

Thereupon, Councillors SUTTON and NEWTON immediately rose and called for a division, which resulted in the motion being declared carried.


AYES: 25 - The DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES, and Norm WYNDHAM, and the Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON, Shayne SUTTON and Nicole JOHNSTON.

NOES: Nil.

Chairman: I will put the motion for clause number B.

Clause b) put

Upon being submitted to the Chamber, Clause b) of the motion was declared carried on the voices.

Chairman: I'll put the motion for clause C.

Clause c) put

Upon being submitted to the Chamber, Clause c) of the motion was declared carried on the voices.

Chairman: I'll put the motion for clause D.

Clause d) put

Upon being submitted to the Chamber Clause d) of the motion was declared lost on the voices.

Thereupon, Councillors DICK and ABRAHAMS immediately rose and called for a division, which resulted in the motion being declared lost.


AYES: 8 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON, Shayne SUTTON and Nicole JOHNSTON.

NOES: 17 - The DEPUTY MAYOR, Councillor Adrian SCHRINNER, and Councillors Krista ADAMS, Matthew BOURKE, Amanda COOPER, Margaret de WIT, Vicki HOWARD, Steven HUANG, Fiona KING, Geraldine KNAPP, Kim MARX, Peter MATIC, Ian McKENZIE, Ryan MURPHY, Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES and Norm WYNDHAM.

PRESENTATION OF PETITIONS:

Chairman: Councillors are there any petitions? Councillor ABRAHAMS.

Councillor ABRAHAMS: Madam Chair, thank you very much for the indulgence, I apologise. I have got two ePetitions, one relates to a new park on 405 Montague Road and the second ePetition relates to the objection to a development application at 28-32 Wharf


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Street. I previously presented one time and they wish to make an objection. Thank you.

Chairman: Thank you. Further petitions? 685/2013-14

It was resolved on the motion of Councillor Ryan MURPHY, seconded by Councillor NEWTON, that the petitions as presented be received and referred to the Committee concerned for consideration and report.

The petitions were summarised as follows:

File No. Councillor TopicCA14/405984 Helen Abrahams Opposing any proposal to resume residential homes in Rogers

and Raven Streets, West End, for new public parkland and calling on the Lord Mayor to deliver a new public park on the one hectare site at 405 Montague Road, West End

CA14/405984 Helen Abrahams Requesting that Council reject the proposed development at 28 to 32 Wharf Street, Brisbane

GENERAL BUSINESS:Chairman: Councillors are there any statements required as a result of Councillor Conduct

Review Panel Order? Are there any matters of general business? Councillor MARX.

Councillor MARX: Thank you, Madam Chairman. I rise to speak to two items, one's the Karawatha Family Fun Day Festival funding and also the sad news of a passing of one of my local residents.

I want to start off with the good news, so thank you to the LORD MAYOR for increasing the festival funding which allowed me to run the Karawatha Family Fun Day on an annual basis.

It was the coldest and windiest weekend for the last three years, but there was no rain so that was good. It was a good turnout—there was lots of people. People were very happy to attend. Councillor ADAMS came along with the LORD MAYOR. Yes there was a group there, the Southside Community Craft Circle, which I think they go through a number of our different wards, so different councillors here will be very familiar with them.

They asked me if they could come along on the day and I said absolutely—and they sold over $200 worth of scarves and hats and mittens so, yes, they were very impressed. They're completely a charity organisation and stuff like that, so they were very happy with that day.

Yes it was cold but it was a good day and the coffee van was kept extremely busy, so that was good. I look forward to next year's.

On the sad note, one of my local residents passed on Sunday 25 May at 2.15am. It's kind of interesting; she was in the Canossa Hospice which is in the Oxley Ward in Councillor BOURKE's ward and I'm pretty sure he might have been there with the local State member on Sunday or Saturday with the Palliative Care Week that's been going on, so it was kind of ironic that she was there and they were there.

But look Sophie was 30 when she was diagnosed with incurable cancer. She'd gone into hospital to have an emergency appendectomy and the doctor rang her sort of within half an hour of her coming home with the news that she had terminal cancer and there was no cure. The actual day that that happened was actually her son's Luke's sixth birthday as well, so it was pretty tragic.

She was, like I said, young. She's left behind a loving husband, Hamish, and her son, Jack, who's 11, Luke who's now eight and Amy who is now six—so extremely young children.


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I met her for the first time at a fundraiser event that she held for another local family in the Drewvale area who had lost everything to a house fire. So, being one of those sorts of people, she organised this event in the local park, raised all this money for this family and that's when I met her for the first time and then we met over subsequent months for various other things.

One of the next times I met her and spoke to her was when she was awarded the winner for the 2012 Southern Star/South East Advertiser Business Achiever Awards for her home business, Sophisticated Hair and Beauty. She didn't mention that that was one of her bucket list items, if you like, and she was so pleased to be able to be awarded that, but obviously not long after that, the diagnosis came through and basically her life started to fall apart.

She did create a blog which is entitled “what i did for my kids when i found out i was dying” and it's very sad. She also had a Facebook page with over 6000 followers. Her funeral is on Thursday. I know it's going to be a massive event. I know she's going to be sorely missed by many people, both family, friends and strangers. She was one of those sorts of people that touched everyone's lives. She was just such a beautiful, beautiful person.

So, look, I just want to say on behalf of the residents of Drewvale, her family and her friends, may she rest in peace. Thank you.

Chairman: Further general business? Councillor ABRAHAMS?

Councillor ABRAHAMS: Thank you, Madam Chair. I wish to speak on two items, one is the V1 bikeway and the second one is a CPTED (Crime Prevention through Environmental Design) analysis of public safety at Fleet Lane and Jolly Place, South Brisbane.

Madam Chair, Councillor MATIC today gave me a challenge in that he was concerned about lack of support for a project which is the link from the V1 bikeway to Eleanor Schonell Bridge.

I'm delighted he was able to critique my position on this because I've been unable to get any information on this project in spite of asking on 9 April for all of the strategic files, the business case for this project, the estimated costs, but I didn't request the construction files, just so it was quite clear what I'm seeking.

Madam Chair, I have not had access to those files, so instead I have watched this project proceed. In the comments that I put on my website and what I have given to people coming in and asking me what is happening, I have been very clear. That is, there is a new traffic light that crosses Annerley Road at the South Brisbane Cemetery. Most people will know this location.

Prior to that new traffic light going in, cyclists had to use two traffic lights to get across two roads. I certainly support that traffic light. I think anything that gives pedestrians one crossing rather than two is to be commended. But, Madam Chair, what the project also does on a very narrow road that has very little volume, is install traffic light for the bikes.

I have lived in this area all my life and there was no justification for traffic lights to go in that lane with no traffic down it. Anyone, whether they're on bikes or walking, can see the few cars and cross safely.

Madam Chair, the two areas of this project I don't support and wish to look at the file to see if they stack up in a business case, is the fact that cyclists coming off the bikeway that's along O'Keefe Street, over up to the bus station of the PA (Princess Alexandra) Hospital over Ipswich Road, drop down into right at the rail bridge in Annerley Road.

The footpath on that rail bridge may just make 1.8 metres wide. That means that any cyclist has to watch like mad for any oncoming traffic, but that is the only pathway into the Dutton Park Railway Station and therefore it is highly hazardous. It has a significant drop in the kerb, not a normal one, to the road where there is constant flow of traffic. It is the most hazardous footpath I ride on, and that has not been addressed at all.

So, any project is as weak as the weakest point on it and that was my comment of why, with all the other investment, that was not addressed.


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The last one really is what I want information about because I don't believe you can justify it and I have gone to my community, is the fact along past the cemetery and up to Dutton Park the footpath has been widened. It is now three metres or even wider. It is one of the broadest shared footpaths for bikes and pedestrians. It goes up on the western side along the park till it gets to the busway going to Eleanor Schonell Bridge, and as a cyclist you can turn left safely, no vehicle traffic anywhere, and make your way to the university.

Madam Chair, that has been deemed unsafe. Well if that's unsafe and needs to have an alternative route. If that is unsafe, I can't believe the rest of my ward isn't instantly declared unsafe for cyclists. It is a wide designated footpath, it goes onto a solo designated route for bikes, but this Council has gone through a DA (development application) because it's a heritage park, and they're taking some of the trees from the cemetery to put a bikeway through the park, which will need to have retaining walls because it's going down a slope to get to that area.

I do not support that and I will be proud. No I will re-word. I will be at every venue saying I do not support that duplication of the safest part of the bikeway using money that could be better spent.

I have, and I'm making, a plea now again to Councillor ADAMS for the CPTED audit that has been requested by the business community and the residential community in Fleet Lane and Jolly Place. People may not know of this area, but it is the little park opposite the State Library where Peel Street meets Grey Street and there are two parks on either side.

Madam Chair, the vegetation is designed so you can't see anything in that park and, as a consequence, it is become an area for park dwellers. It is an area for drug deals. The police are trying their best but there are so many hiding spots in that area. There is such poor lighting along Fleet Lane that it is now a hotspot. It is a hotspot right beside the hotspot where we've had a death of an overseas student.

Those businesses are concerned and rightly so as they tell me this is a walking path for many people from Melbourne Street, from Boundary Street, through over the Grey Street Bridge to where many of them are living, as was the case with that student.

So, Madam Chair, I do believe this needs some urgent attention. I know the staff are busy with the Kurilpa Point area, but they have identified this as part of how people got to the Kurilpa Point as being a hotspot in terms of personal safety hazard, and I do request that that audit is undertaken.

I have already had all the vegetation moved as much as one can, but it actually requires a redesign of the park so that there is increased safety. No Councillor BOURKE, I'm not talking about the trees, it is the shrub vegetation and the design of the park. If you are going to respond in that way to something that's serious, I fear that is the arrogance that this side of the chamber has been talking about all night.

Councillor ADAMS I don't believe you're arrogant and I seek your support for the safety of the community that is in South Brisbane and the visitors to our city which is very important as we all know.

Chairman: Further general business? Councillor JOHNSTON?

Councillor JOHNSTON: Yes, thank you, Madam Chairman. I rise to speak on a couple of items this evening, firstly, questions on notice and, secondly, this administration's approach to community noticeboards.

Firstly, I would just like to read into the record one of the answers to the questions on notice that appear before us today, that clearly outlines the incompetence of this administration.

On the last page of the Council agenda today we have the following: “submitted by Councillor JOHNSTON from the meeting of 11 February 2014” and in it I've asked for the number of appeals lodged against Brisbane City Council decisions to refuse development applications in four years.


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Now the answer provided by Councillor COOPER—and we know that it's Councillor COOPER now because the relevant chairperson is responsible for answering questions—is, this information could not be manually reviewed within the timeframe for responses required by the Meetings Local Law 2001. Now remember the question on notice was submitted on 11 February. That's 11 weeks ago. So this question on notice has been with Councillor COOPER for 11 weeks and her response to my question is the information could not manually be reviewed within the timeframe for responses required by the Meetings Local Law.

Well that's one week. Councillor COOPER’s had 11 weeks to answer the question and couldn't do so. Does this look like respecting the Ombudsman's report? This is supposed to be the recommendation that this Council agrees with and agreed to implement. Eleven weeks and this Council still couldn't answer basic questions about how many times there have been appeals against decisions to refuse DAs.

Madam Chairman, it makes a mockery—a mockery, if we didn't know it already from the previous debate—of their decision to say they will carry out recommendation 2. Eleven weeks and it's still too hard for them to give me answer within an 11-week timeframe. What a joke.

That leads me to the next joke of the evening which, Madam Chairman, is this Council's approach to community noticeboards.

Now it's come to my attention that there's been a bit of a change in Council policy with respect to community noticeboards and it's also a policy that has not been communicated broadly to other councillors, and I'll be interested if any other councillor has heard of this policy or has had these conditions implemented on them. But I made a request last year—yes, last year, in October 2013—for a community noticeboard to be installed in the dog-off-leash area at Dunlop Park in Corinda.

That request was made for a resident of my ward—a resident who is, I might say, an active member of the LNP and gee whiz aren't they coming out of the woodwork talking to me in recent weeks. I'll tell you, Madam Chairman, and I made the request that we have a noticeboard installed. I told Council in October last year that I'd be happy to pay for it out of the trust.

Council's answer to me from parks officers was, “Council cannot support (the resident's) request to install a noticeboard in Dunlop Park dog-off-leash area. Noticeboards are generally installed where they are to share information with the entire community not just off-leash users.”

Now, Madam Chairman, if it was only going to benefit one little person I'd agree with that statement, but this dog-off-leash area is located in a very big district park, it's right next to a school and it's at a very popular local dog-off-leash area. It was something that the residents wanted and that I supported.

Now I've heard Councillor OWEN-TAYLOR here stand up week after week and shout across the chamber at me that I should just get on with doing parks projects out in my ward. Well that's what I do. I put these suggestions up, I say I'll fund them, and I'm told, no, I can't have them.

So that was in October last year, Madam Chairman. So as I do I don't give up easily on these matters like with reports people won't give me. I'll spend three years trying to get it and I'm not going to stop now either just quietly. I didn't stop with respect to this noticeboard.

So I said to the resident, look, this is a silly decision. He described it as—oh it's a word that can't be repeated in this chamber, Madam Chairman. He described it in a very colloquial way shall we say, in an Australian way, and I agreed with him it was a rubbish decision.

What I will say is that I said, well, let’s try a petition. So he went out and he gathered signatures for a petition which was presented to this place and there's been an outcome to that petition which was approved here earlier today. So Council is going to put the noticeboard up and I am going to pay for it. It's taken


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another eight months from when the original request was made, a petition, a massive waste of Council officers' time and we now have a good community outcome.

But the thing that's of interest to me is the policy that Councillor BOURKE is implementing on behalf of this administration. It's the following. I was sent the parks recommendation and asked to comment on it, as is sometimes the usual process, and basically I was told this: the Chairman has approved the draft for installation of a noticeboard for George Scarlett Park. Please see below.

Now the interesting part of this is it does say Council will install the noticeboard and it will only do this if Tennyson Ward nominates a caretaker to keep a check on the notices. It restricts commercial advertising and keeps notices neat and tidy and there's a trial period of two years, during which time Council can decide whether the noticeboard is appropriately used and should be kept or removed.

Now let's see, this Council's about to outlay thousands of dollars to install a noticeboard and it might take it down if it feels like it at some point in the future. This is Councillor BOURKE's approach to putting up community assets in our parks.

Now, Madam Chairman, I want to put on the record what I said back to the Council officers and I'm going to table that. I'll table the advice from the resident and Councillor BOURKE's approach to this matter.

I'm going to table my response to the officers and it's pretty clear. I've talked to the resident about this. He's agreed to supervise the noticeboard but will raise the ridiculous—my word, his word was bull, dot, dot, dot, dot—conditions with the LORD MAYOR directly. If this noticeboard is removed, presumably Council will be wasting thousands of dollars. I don't appreciate the stupid conditions being put on community noticeboards which don't apply anywhere else in the ward or the city.

Please, Councillor BOURKE, stand up and tell me that those ridiculous conditions are on other noticeboards, because they're not on any others in my ward. I've got noticeboards in the dog-off-leash area at Faulkner Park at Chelmer and Graceville I've got the community noticeboard up at the shops at Corinda, I've got a community noticeboard at Nosworthy Park in Corinda, I've got a community noticeboard over in Yeronga Memorial Park at Yeronga. There's no caretaker for any of those community noticeboards. There is no enforcement by Council. There's been no threat to remove them after two years. Why is it that a different standard is now being applied to Corinda residents—that's what I'd like to know.

But anyway, I said the following: “I don't appreciate the stupid conditions being put on a community noticeboard which don't apply anywhere else in the ward or the city. I do not support removal of the noticeboard once installed. That would be a waste of public funds and I am surprised it is being suggested. My suggestion to you and this administration is stop making things harder than they need to be for our local community and get on doing the right thing and support a genuine and good community request for a noticeboard.”

My comments for the Council papers are as follows—and this is the bit you might like to follow on in your own guide, because if you read the Council papers from earlier today you would think that I fully supported that stupid recommendation that I've just outlined to you all.

This is what I said:” I fully support the noticeboard and am happy to fund it from the parks trust fund, but the conditions suggested by Council are silly and unnecessary.”

So number one, Madam Chairman, we've got this ridiculous approach where this administration is now requiring residents to enforce—there is no bylaw because again I asked a number of questions on notice about this and the answer is sort of in here and it's very interesting. When I asked Council how many other noticeboards were there in parks, yes well it doesn't really keep any records of that, Madam Chairman, at all so it couldn't answer. That'd be too hard to answer.


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It said how many noticeboards have been removed from Council parks or dog-off-leash areas for misuse, regarding the posting of inappropriate or commercial notices in the past five years because this must be a big problem if we're conditioning that we're going to take this noticeboard down if someone puts up the wrong notice. Council doesn't keep a database of noticeboards that have been removed from parks for the purposes described in the question.

So this Council is imposing a ridiculous condition on Corinda residents, which it openly admits it doesn't keep track of. It gets better. How many infringement notices has Council issued for the inappropriate or commercial use of noticeboards? None.

Chairman: Councillor JOHNSTON your time has expired, thank you. Further general business? Councillor WINES?

Councillor WINES: Thank you, Madam Chairman. I rise to speak on two issues, the first one being the Mayne Tigers Football Club 90th birthday and the second one being the announcement of the Alderley SCIP (Suburban Centre Improvement Project).

So on Saturday the Mayne Tigers Football Club they had their 90 th birthday where I was invited to toss the coin in celebration of this event. They also had a collection of all premiership winning sides over the last 90 years of which there was 15 sides come to the club in Gaythorne, on the corner of Gaythorne and Enoggera Memorial Park, to celebrate this fantastic event.

My contribution was I did toss the coin and Mayne won the toss. That was my contribution to their team.

Later in the day, I left about halfway through the third quarter and Mayne had 24 goals, 15 behinds, 159 to Caboolture's zero, zero, zero. So Mayne rang it in in a big way that day, so congratulations to the team and congratulations to that club for 90 years of existence.

I'd also like to the talk about the Alderley SCIP. Firstly I'd like to begin by thanking the LORD MAYOR for his vision in identifying this location for the skip process. The Suburban Centre Improvement Program is a wonderful program designed at improving and beautifying suburban shopping centres. I'd also like to thank Councillor COOPER and all the team who assisted in getting it over the line. It was supported by more than 50 per cent of respondents which is a fantastic outcome.

The whole program, the Suburban Centre Improvement Program was designed, in my opinion, specifically for centres like Alderley. To be polite, to call it tired is polite. It is an older centre. To give you some context, Alderley, this site where these shops are now, one of the shops is heritage-listed and it was the final frontier point before you reached out into the actual genuine rural areas from about 1880. So this was the little set of shops that you would stop at before you got to the vineyards and dairy farms of Mitchelton and Ferny Grove and as you went further west through what is now Brisbane Downs.

This was the frontier town and these shops have been the way they are for many, many decades. Now because of disjointed ownership, the common areas have lagged somewhat, particularly in comparison to closed-in shopping centres or shopping malls that are so familiar to us in this modern age.

By identifying this place for a SCIP and placing this sort of investment in the area is going to transform not only the shopping centre, but the whole suburb. I am confident of this. It is a fantastic outcome for the suburb of Alderley, our suburb of Alderley.

The program would include a series of beautifications including upgraded footpaths, gardens, chairs, bins and bike racks and will include public art and public collection points to encourage people to come to the centre and stay in the centre shopping and enjoying themselves, and for it to be a true north-western community point and it will be the gateway to the north-west Brisbane.

I am very confident this is going to be a fantastic outcome for the community, and I am very grateful to have been able to be here to deliver it for them.


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Chairman: Further general business? Councillor GRIFFITHS?

Councillor GRIFFITHS: Yes, thank you, Madam Chair. I want to talk on two issues today. The first issue is I want to respond to allegations made by Councillor McLACHLAN last week and the second thing is I want to talk about the issues in relation to Mortimer Road, Acacia Ridge.

First of all I want to put on the record a response to the serious allegations raised by Councillor McLACHLAN last week, and I note while I was absent from the chamber. Firstly, I reject any claim that I or Councillor JOHNSTON have acted inappropriately in relation to Councillor McLACHLAN’s claims.

For the record, the facts are the footpath in front of my home at Yeronga Street was constructed in 2013. I had lodged a DA which was approved on 15 January 2014, which means the footpath that I am alleged to have had inappropriately built, had already been built when it was made as a condition of a sub-development I am undertaking at the rear of my home.

I regard this as nothing more than gutter politics at its worst and it's to distract us from the real issues facing Council. I just want to reinstate that I reject any claims that I have acted inappropriately and I am considering my legal and other options in relation to this matter and these allegations.

I'll leave that where it is. Secondly, I'd like to get back to talking about Council issues and real Council issues, and that is the issue of trucks and heavy vehicles using Mortimer Road, Acacia Ridge. For those of you who don't know Mortimer Road, Acacia Ridge, it is a road that runs on the edge of the suburb and it has along it Our Lady of Fatima Catholic School, it has a community centre, it has residential homes, it has a very large sporting precinct with a number of clubs in it, it has one of the famed LORD MAYOR's disabled playgrounds—mind you it doesn't have a loo, Councillor BOURKE—and this is an area that is well used by the community.

But this road is also a B-double route for large trucks that often speed. There's lots of noise and the road is in very poor condition. In the future, Council is planning on the growth of industry with the current plan they're undertaking in the adjoining suburb. This road currently acts as a major divide between the recreational uses and home uses of this area, and the fact that it's carrying such large heavy vehicles. I believe that there are alternatives to these heavy vehicles and that we as a Council need to be implementing these alternatives to get these trucks and B-doubles off Mortimer Road.

To have trucks and to have B-doubles running past a school, past a community centre, past homes and sporting precincts, past a disabled playground, can I say wouldn't be accepted in the western suburbs—certainly not in Pullenvale, I can't imagine it happening in St Lucia, Hamilton, or any other suburb really around Brisbane. So I don't know why it's happening in a working suburb like Acacia Ridge.

Madam Chair, we have alternatives that can be achieved so that the people in Acacia Ridge can be safe in using their roads and using their recreational facilities. I will be working with our local State candidate to have this made safe for our community and that means no B-doubles on the road, having safety initiatives undertaken outside the school including flashing signs, getting more safety crossings on the road, and using parallel roads to get the trucks to run through industry rather than through residential areas.

We can achieve a good outcome for this working suburb in Brisbane, and we should be doing that, and it's about time they had a representative at the Council level as well as the state level who are working to achieve good results for the people of Acacia Ridge and Archerfield and that's what I intend to do. Thank you.

Chairman: Further general business?

Councillor DICK: Yes, Madam Chair.

Chairman: Yes Councillor DICK?


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Councillor DICK: Thank you, Madam Chair, I'll be very brief tonight and I do want to respond tonight to what Councillor SIMMONDS said last week during Question Time, and this goes to the theme of LNP hypocrisy.

Now I, as everyone does as I'm sure yourself, reads the Hansard each week to check records, to check information, and reading to question 7 it was last week—and I'll just refresh everyone's memory. This was the allegation that apparently myself and Labor councillors were lodging huge amounts of money when it came to their Budget requests. Remember that one and this quote, Madam Chair? It says about me: in his Budget submission this year alone Councillor DICK asked for $38.5 million for his ward.

No, no, no, Madam Chair, to be fair I went back and I checked my documents and I did put a lengthy submission in and you know why? Because of the neglect of the last 10 years. Of course there’s a backlog.

But when I checked the records I realised it was for critical essential infrastructure, for park upgrades, for roads, improvements, a whole lot of range of portfolio areas. No yellow lines listed, but, but, but, but, Madam Chair, I looked at it and during the debate I jumped up and I said will Councillor SIMMONDS table all councillors' requests for this year's financial budget. I mean if he's requested to do that and he said, I'm reading from my notes at this point, I don't have them to table. So he hasn't tabled them as yet.

So I'm still waiting but I think I'll be waiting for a long time. So I thought, well, I'm listing $38.5 million and Councillor SIMMONDS says that itself would lead to a 4.23 per cent increase in rates. So I thought well I'd better go and check, so I was digging around the files and you know what I found, I found—oh disappointingly Councillor COOPER's going because I'll come to that—I was going through the files and I found something. I found LNP Budget requests, so, so, so, all careful what you wish for as they say.

You know that old saying that everyone uses in the Council chamber: don't look at what they say listen to what they do, remember all that? Well this one I reckon is a 10 out of 10. This is a 10 out of 10 on they look at what they do listen to what they say scale right.

So let's start from the bottom. So I looked at the most proficient LNP councillors doing the right thing. The McDowall Ward costings of $540,000 so everything's under control out in McDowall Ward, nothing needs to be improved there. Holland Park Ward, I know Councillor McKENZIE would be having his eye on the ball, $2.757 million, so in that theme that Councillor SIMMONDS was talking about. But then I went to some other councillors, I went and had a good look at these, and the bronze medal goes to Jamboree Ward, $30.2 million. Now what is that? I wonder what does that mean for responsible rates and responsible management.

Well then I went to the next one, Madam Chair, and I realised the Pullenvale Ward, yourself, as chair, but not as bad, not as bad, $21.229 million. Now the gold medal, the absolute gold medal—and you've got to remember what Councillor SIMMONDS said—his own word—and it says a rate increase of over 10 per cent and then he goes on to say—you'll like this Councillor COOPER—who has the most expensive list of any councillor—


Councillor DICK: —wait, wait, $203 million, $203 million—


Chairman: Order, order.

Councillor DICK: Madam Chair, I'll control myself, but when I see hypocrisy and it smacks you in the face, it just is breathtaking, but that is what you expect with the LNP. So I don't want any more lectures, any more lectures from the LNP—oh Councillor SIMMONDS is looking coy, looking coy—isn't it little wonder, Madam Chair, he wouldn't table the submissions.


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So my challenge now is can he table it next week. A quarter-of-a-billion dollar councillor has just returned, Councillor COOPER. Now what we need to do, Madam Chair, to get this up to speed, next week Councillor SIMMONDS needs to table the whole councillors' requests in the interests of open and transparency.

So, Madam Chair, we know with a $200 million request we're probably looking at about a 30 per cent rate rise under Councillor SIMMONDS's voodoo economics. So I simply say this: don't ever listen to what they say, look at exactly what they do.

Chairman: Further general business? I declare the meeting closed.

QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:(Questions of which due notice has been given are printed as supplied and are not edited)

Submitted by Councillor Nicole Johnston (received on 20 May 2014)Q1. Will Council provide a list of organisations that have received funding assistance

from The Lord Mayor's City Hall Community Service Obligation Fund and the value of that assistance since City Hall reopened in 2013?

Q2. Will Council please provide a list of organisations that were refused funding assistance from The Lord Mayor's City Hall Community Service Obligation Fund since City Hall reopened in 2013?

Submitted by Councillor Nicole Johnston (received on 22 May 2014)Q1. What is the owner percentage contribution towards the Alderley SCIP along South

Pine and Samford Roads?

Q2. How many property owners were surveyed and how many replied in support of the Alderley SCIP along South Pine and Samford Roads?

Q3. How many streets are listed for resurfacing in Tennyson Ward by Local Asset Services South that have not been funded in the 2013-14 Budget?

Q4. How many footpaths have been identified and listed for repairs or replacement in Tennyson Ward by Local Asset Services that are not currently funded?

Submitted by Councillor Victoria Newton (received on 22 May 2014)Q1. Can the CEO please advise what is the annual budget for the provision of free WiFi in

the “CBD Wifi Project” for 2013/14 for:-1. Infrastructure for all the hotspots2. Internet access

Q2. Can the CEO please advise how many households currently receive a pensioner rates remission (part)?

Q3. Can the CEO please advise how many ratepayers currently receive a pensioner rates remission (part)?

Q4. Can the CEO please advise how many households currently receive a pensioner rates remission (full)?

Q5. Can the CEO please advise how many ratepayers currently receive a pensioner rates remission (full)?

Q6. Can the CEO please advise how many permits have been issued by Council for street tree trimming since the NALL was amended?

Q7. Can the CEO please advise how much funding the Brisbane City Council received in Federal Assistance Grants for the following financial years:-


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- 2008/09- 2009/10- 2010/11- 2011/12- 2012/13- 2013/14

Q8. Can the CEO please advise how much money Council has waived under the moratorium on Infrastructure Charges for four and five star hotel developments in the following financial years:-- 2011/12- 2012/13- 2013/14 (year to date)

ANSWERS TO QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:(Answers to questions of which due notice has been given are printed as supplied and are not edited)

Submitted by Councillor Victoria Newton (from meeting on 20 May 2014)Q1. Can the CEO please advise how any litres of fuel were consumed by vehicles in Field

Services in the following financial years? Please provide a breakdown by fuel type eg, petrol, LPG - 2013/2014 (year to date)- 2012/2013- 2011/2012- 2010/2011

A1. Due to an organisational restructure in financial year 2010/11, the statistics for this year are not readily available. As a consequence, not all aspects of this question could be answered within the timeframe for responses required by the Meetings Local Law 2001.

Unleaded Litres Diesel Litres2013/14 YTD 364,733 2,802,1532012/13 573,466 3,491,5862011/12 706,129 3,531,338

Q2. Can the CEO please advise how much money was allocated for fuel consumption by vehicles in Field Services in the following financial years? Please provide a breakdown by fuel type eg, petrol, LPG- 2013/2014 (year to date)- 2012/2013- 2011/2012- 2010/2011

A2. Due to an organisational restructure in financial year 2010/11, the statistics for this year are not readily available. As a consequence, not all aspects of this question could be answered within the timeframe for responses required by the Meetings Local Law 2001.

Unleaded Cost $ Diesel Cost $2013/14 YTD 797,088 5,674,9722012/13 997,200 5,191,7762011/12 1,002,197 4,186,978

Q3. Can the CEO please advise how any litres of fuel were consumed by vehicles in Brisbane Transport in the following financial years? Please provide a breakdown by fuel type eg, petrol, LPG- 2013/2014 (year to date)


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- 2012/2013- 2011/2012- 2010/2011

A3. Note: It is assumed this question refers to how many litres of fuel were consumed as opposed to ‘how any’ litres of fuel were consumed.

Also, many of Council’s buses run on CNG. This is not measured in litres but by m3.

Year Diesel litres CNG m32013/14 (Year to date as at 2 May)

14,204,847 16,729,723

2012/13 18,082,401 20,170,3992011/12 16,374,399 20,497,2682010/11 12,301,143 20,900,037

Q4. Can the CEO please advise how much money was allocated for fuel consumption by vehicles in Brisbane Transport in the following financial years? Please provide a breakdown by fuel type eg, petrol, LPG- 2013/2014 (year to date)- 2012/2013- 2011/2012- 2010/2011

A4. Fuel consumption varies between the several different service operation models in use. As a consequence, this question could not be answered within the timeframe for responses required by the Meetings Local Law 2001.

Q5. Can the CEO provide the list of facilities and the work undertaken which has/is having asbestos removed in the 2013/14 Council Budget: 4.5.2.1: Community Halls: Asbestos Management

A5. Chelmer Graceville KindyEverton Park Kindy and PreschoolSandgate Brighton Childcare and Kindy

Q6. Can the CEO advise how much funding was spent on the Green Heart program in the following financial years:- 2013/2014 (year to date)- 2012/2013- 2011/2012- 2010/2011

A6. The information can be found by consulting the relevant financial year’s budget book and final financial review, both of which are publicly available and have been adopted by full Council.

Q7. Can the CEO please advise the total amount of funding allocated to building Council’s bikeway infrastructure NET of funding (grant or otherwise) received from State or Federal governments (ie how much funding is allocated towards bikeway infrastructure excluding funds received from other levels of government).

A7. The information can be found by consulting the relevant financial year’s budget book and final financial review, both of which are publicly available and have been adopted by full Council.

Q8. Can the CEO please advise what was the total annual cost of Council’s Ibis Control Program in Parks in the 2012/13 financial year?

A8. $14,786.00


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Q9. Can the CEO please advise what is the total budget for Council’s Ibis Control Program in Parks in the 2013/14 financial year?

A9. $24,477.00

Q10. Can the CEO please advise what was the total maintenance cost for Council’s 2 million trees program in the 2012/13 financial year?

A10. $1,708,000

Q11. Can the CEO please advise what is the total budget for maintenance for Council’s 2 Million Trees Program in the 2013/14 financial year?

A11. $1,925,000.

Submitted by Councillor Nicole Johnston (from meeting on 13 May 2014)Q1. How many notice boards are there in Council parks or dog off-leash areas?

A1. While Council keeps records on facilities in Council parks, it does not keep the specific information requested in a readily available format. The answer would require manual review of records which cannot be accurately verified within the timeframe for responses required by the Meetings Local Law 2001.

Q2. How many notice boards have been removed from Council parks or dog off leash areas for misuse regarding the posting of inappropriate or commercial notices in the past five years?

A2. Council does not keep a database of noticeboards that have been removed from parks for the purpose described in the question.

Q3. How many infringement notices has Council issued for the inappropriate or commercial use of notice boards in Council parks of dog off-leash areas?

A3. There is no specific infringement for this matter. Infringements which may fall into this category could not be manually reviewed within the timeframe for responses required by the Meetings Local Law 2001.

Q4. Has the South-west Corridor Study transport study regarding Oxley Road been completed? If not, when is it expected to be completed?

A4. No. A date for its completion is not known at this time.

Q5. Will Council reconsider its decision to refuse community use of the southern pylon of the Walter Taylor Bridge, should further submissions from the community be proposed?

A5. Works on the southern pylon have been deemed cost prohibitive; however, Council may consider the project in a future Council budget in line with City-wide priorities.

Q6. How many grass cuts in Council parks are proposed or were delivered for the following years:- 2010-11- 2011-12- 2012-13- 2013-14


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A6. The answer below is based on general parkland in urban area.

2010-11 18All other year requested 17

Q7. How many grass cuts along Council footpaths and road verges are proposed or were delivered for the following years:- 2010-11- 2011-12- 2012-13- 2013-14

A7. Depending on the classification of the road (verge) grass cuts vary from 14 to 17 cuts

per financial year.

Submitted by Councillor Victoria Newton (from meeting on 13 May 2014)Q1. Can the CEO advise how many Development Applications were received in the

2012/13 Financial Year?

A1. 3187.

Q2. Can the CEO advise how many Development Applications were approved in the 2012/13 Financial Year?

A2. 3023.

Q3. Can the CEO advise how many Development Applications were refused in the 2012/13 Financial Year?

A3. 72.

Q4. Can the CEO advise how many Development Applications have been received (to date) in the 2013/14 Financial year?

A4. 3548 as at 20 May 2014.

Q5. Can the CEO advise how many Development Applications have been approved (to date) in the 2013/14 Financial year?

A5. 3037 as at 20 May 2014.

Q6. Can the CEO advise how many Development Applications have been refused (to date) in the 2013/14 Financial year?

A6. 70 as at 20 May.

Submitted by Councillor Victoria Newton (from meeting on 1 April 2014)Q1. Can the CEO please advise how many buses are at each depot and are not being used

during weekday peak hours?- Carina- Upper Mt Gravatt- Sherwood- Eagle Farm- Virginia- Willawong- Toowong.


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A1. For operational reasons, each depot allocates a small number of ‘operational spare’ vehicles during peak hour to cater for unforeseen circumstances and to assist in management of the overall requirements of routine maintenance. Of these vehicles, some which are able to be deployed during peak hour are also involved in refurbishment. This is essential for a fleet the size of Brisbane Transport. The figures below exclude the number of operational spares which are required to manage these overall requirements.

Carina 2Upper Mt Gravatt 6 Sherwood 2Eagle Farm 4 Virginia 1Willawong 0Toowong 6

Q2. Can the CEO please advise how many river ferries are not used during weekday peak times?

A2. Two. One vessel is generally under refit or routine maintenance, while another is used for fuelling in the afternoon and kept spare in the morning to be swapped into service if required.

Q3. Can the CEO please advise how many CityCats are not being used during weekday peak hours?

A3. Four. Generally two are under refit or routine maintenance, while the other two are kept as spare for use as required.

Submitted by Councillor Victoria Newton (from meeting on 25 March 2014)Q1. Can the CEO please advise of the year-to-date amount of parking revenue for 2013/14

year?

A1. The information can be found by consulting the relevant financial year’s budget book and third budget review, both of which are publically available and have been adopted by full Council.

Q2. Can the CEO please advise of the year-to-date amount of revenue from parking infringements in 2013/14 financial year?

A2. $22,808,338

Q3. Can the CEO please advise of the number of parking infringement officers in Full-Time Equivalent numbers for each of the following financial years:- 2008/09- 2009/10- 2010/11- 2011/12- 2012/13- 2013/14

A3. The 2008/09 figure could not be answered within the timeframe for responses required by the Meetings Local Law 2001 due to a different organisational structure during this time.

The 2013/14 figure relates to funded positions as the year has not yet completed.

2009/10 - 512010/11 - 462011/12 - 46


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2012/13 - 492013/14 - 48

Q4. Can the CEO provide a list of Council properties sold in 2013/14 financial year to date?

A4.401 Hurworth Street Unit Bowen Hills17 Princess Street Paddington20 Princess Street Paddington182 Lutwyche Rd Windsor22a Girraween Grove Ashgrove48a Cranleigh Street Wynnum West27-29 Bunya Street Eagle Farm164 Knapp Street Fortitude Valley50 Pine Road Richlands23 Buller Street Everton Park

The properties listed above primarily consist of land resumed for road or drainage projects that have been completed with the land now no longer required by Council.

Q5. Can the CEO provide a list of any Council properties sold to the City of Brisbane Investment Corporation in 2013/14 financial year to date?

A5. 0.

Submitted by Councillor Nicole Johnston (from meeting on 11 February 2014)Q4. Please provide the number of appeals lodged against Brisbane City Council decisions

to refuse development applications in:a) 2010b) 2011c) 2012d) 2013?

A4. This information could not be manually reviewed within the timeframe for responses required by the Meetings Local Law 2001.

However, this information is publically available by reviewing court documents lodged with the Planning and Environment Court.

Q5. Please provide the number of appeals against Brisbane City Council that were a) upheld and b) overturned in:1) 20102) 20113) 20134) 2014?

A5. This information could not be manually reviewed within the timeframe for responses required by the Meetings Local Law 2001.

However, this information is publically available by reviewing court documents lodged with the Planning and Environment Court.

Q6. Please provide a list by ward of the number of development applications lodged in 2013?

A6. This information is not readily available in the form requested ie. by ward. For the total number of development application lodged in a financial year refer to Answer 1 on page 6 question above.


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However, every development application lodged in a ward results in an email to the relevant ward councillor. This information could be obtained in the form requested through the ward councillor compiling a list of all of these emails resulting in an overall number for their ward.

RISING OF COUNCIL: 5.53pm.

PRESENTED: and CONFIRMED

CHAIRMAN

Council officers in attendance:

Angela Holmes (Team Leader, Council and Committees Support)David Redding (Council and Committee Liaison Officer)Stephanie Thompson (Council and Committee Liaison Officer)Billy Peers (Personal Support Officer to the Lord Mayor and Council Orderly)


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