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MINUTES OF PROCEEDINGS

The 4394 meeting of the Brisbane City Council,held at City Hall, Brisbaneon Tuesday 5 February 2013at 2pm

Prepared by: Council and Committees SupportChief Executive’s OfficeOffice of the Lord Mayor and the Chief Executive Officer

Dedicated to a better Brisbane


THE 4394 MEETING OF THE BRISBANE CITY COUNCIL,HELD AT CITY HALL, BRISBANEON TUESDAY 5 FEBRUARY 2013

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TABLE OF CONTENTS

CONSIDERATION OF MOTION OF SPECIAL APPRECIATION - COMMENDATION ON STORM EVENT RESPONSE:.............................................................................................................................................1

MINUTES:............................................................................................................................................................11

QUESTION TIME:..............................................................................................................................................11

CONSIDERATION OF RECOMMENDATIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE:.....................................................................................................................................................21

ESTABLISHMENT AND COORDINATION COMMITTEE (REPORT OF 3 DECEMBER 2012)............22A CONTRACTS AND TENDERING – REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY

DELEGATES FOR OCTOBER 2012.................................................................................................26

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL:....................................................................................................................33

ESTABLISHMENT AND COORDINATION COMMITTEE (INFORMATION REPORT).........................33A SETTLEMENT OF COMPENSATION CLAIM FOR MILTON TENNIS COURTS LAND

RESUMPTION - KS5 PTY LTD.........................................................................................................41B PRESENTATION AND NOTING OF THE CORPORATE PLAN 2008-12: 2011 UPDATE

PROGRESS REPORT FOR THE PERIOD ENDED 30 JUNE 2012.................................................44C SETTLEMENT OF CLAIM FOR COMPENSATION FOR RESUMPTION AT 120 LEMKE ROAD,

TAIGUM - MODULE 2 PTY LTD......................................................................................................45ESTABLISHMENT AND COORDINATION COMMITTEE (ADOPTION REPORT)...............................47

A CONTRACTS AND TENDERING - REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR NOVEMBER 2012..............................................................................................56

B ADOPTION OF BRISBANE INVASIVE SPECIES MANAGEMENT PLAN 2013-2017....................58C SUB-LEASE FOR STATE EMERGENCY SERVICE DEPOT AT TANGALOOMA RESORT,

MORETON ISLAND...........................................................................................................................60D YERONGA SWIMMING POOL LEASE MULTI-LEVEL SPORTS MANAGEMENT PTY LTD........62E NEWMARKET SWIMMING POOL LEASE - ROBERT MILLER AND VICKI MILLER...................64

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL:....................................................................................................................66

NEIGHBOURHOOD PLANNING AND DEVELOPMENT ASSESSMENT COMMITTEE................66A PETITION – OBJECTING TO THE PROPOSED MULTI-UNIT DEVELOPMENT AT 66

LAMINGTON AVENUE, LUTWYCHE.....................................................................73B PETITION – OBJECTING TO A PROPOSED MCDONALD’S RESTAURANT AT 69

RAINBOW STREET, SANDGATE.........................................................................75C PETITION – OBJECTING TO A PROPOSAL TO DEMOLISH A HERITAGE SHOP AND

RESIDENCE AT 52 PIER AVENUE, SHORNCLIFFE......................................................................76D PETITION – OBJECTIng TO INCREASED HEIGHT LIMITS IN THE SOUTH BRISBANE

RIVERSIDE NEIGHBOURHOOD PLAN..........................................................................................77E PETITIONS – REQUESTING THAT COUNCIL ALLOCATE FUNDING TO BEAUTIFY THE

STREETSCAPE AT PARK ROAD, MILTON.....................................................................................78ENVIRONMENT, PARKS AND SUSTAINABILITY COMMITTEE......................................................79

A PETITION – REQUESTING THAT THE AREA LEASED BY WYNNUM VIKINGS AFL CLUB AT KIANAWAH ROAD PARK, WYNNUM WEST, BE NAMED ‘WYNNUM VIKINGS AFL PARK’.....80

FIELD SERVICES COMMITTEE................................................................................................................81

[4394 (Post Recess) Meeting – 5 February 2013]




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A PETITION – REQUESTING THAT COUNCIL CONTINUE TO KEEP THE WYNNUM NORTH CYCLEWAY AND BOARDWALK OPEN TO ALL PUBLIC USERS INCLUDING CYCLISTS........84

B PETITION – CALLING ON COUNCIL TO REMOVE TWO LILLY PILLY TREES IN THE PARK ADJACENT TO THE EMILY FOORD KINDERGARTEN, STAFFORD..........................................86

C PETITION – OBJECTING TO THE CONSTRUCTION OF A FOOTPATH ACROSS PROPERTIES AT 2, 4, 6, AND 8 BRIARWOOD STREET, CARINDALE.................................................................87

BRISBANE LIFESTYLE COMMITTEE.....................................................................................................88A PETITION – REINSTATE FUNDING FOR THE WYNNUM MANLY AUSTRALIA DAY

BREAKFAST......................................................................................................................................93B PETITION – CALLING ON COUNCIL TO ADDRESS AN ALLEGED BARKING DOG NOISE

NUISANCE AT 47 ALBERT PLACE, PARKINSON..........................................................................94C PETITION – REQUESTING THAT COUNCIL ADDRESS SAFETY CONCERNS AT 19 CALISTA

CRESCENT, BRACKEN RIDGE........................................................................................................96D PETITION – REQUESTING THAT COUNCIL LEASE PARKLAND AT ANDREW STREET, LOTA,

TO THE BAYSIDE UNITED SPORTS AND RECREATION CLUB TO CONSTRUCT MORE PLAYING FIELDS.............................................................................................................................98

CONSIDERATION OF NOTIFIED MOTION RESUMED- SUPPORT REAR ANGLED PARKING IN MCCULLA STREET, SHERWOOD:...............................................................................................................99

CONSIDERATION OF MOTION UNDER SUSPENSION OF RULES OF PROCEDURE – SHERWOOD STATE SCHOOL FUNDING FOR REAR ANGLED PARKING...........................................................................................107

PRESENTATION OF PETITIONS:................................................................................................................113

GENERAL BUSINESS:....................................................................................................................................114

QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:.................................................................120

ANSWERS TO QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:.............................................123





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PRESENT:

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

LNP Councillors (and Wards) ALP Councillors (and Wards)Councillor 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) Norm WYNDHAM (McDowall)Andrew WINES (Enoggera)

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)Councillor 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.

CONSIDERATION OF MOTION OF SPECIAL APPRECIATION - Commendation on storm event response:137/220/527/126

385/2012-13The Chairman of Council, Councillor Margaret de WIT, then drew the councillors’ attention to the motion of special appreciation listed on the agenda and called on the LORD MAYOR to move the motion. Accordingly, the LORD MAYOR moved, seconded by the Leader of the Opposition, Councillor Milton DICK, that—

This Council extends its thanks to and acknowledges the hard work and dedication of Brisbane volunteers, SES, emergency personnel, Brisbane City Council staff and other external agencies who have helped Brisbane recover so quickly from the 2013 Australia Day storm event.

Chairman: Is there any debate?


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LORD MAYOR: Thanks very much, Madam Chairman. I would just like to extend my thanks on behalf of all the people of Brisbane to all those who were involved in the recovery of the last week. The event leading up to what Oswald did both in terms of the rain depression and the wind storm that was across this city, followed then by the flood events, and then I guess the water storage event. All of these required special efforts on the part of a lot of people. I thank everybody who was engaged in whatever form.

I suppose the initial effort was around sand-bagging, and I thank all of those who were involved. We did call for volunteer help out in the community, and people came forward, and I thank them for doing so, to the extent where about 150,000 sandbags were made available to the people of this city to get themselves prepared for the event to ensure damage was minimised.

But once again we saw through the Local Disaster Management Group a whole host of agencies, both professional and volunteer agencies that were engaged to make sure that we were well positioned. I want, as LORD MAYOR of this city, to thank all of the Councillors also for their local leadership in terms of the efforts that they put in in terms of making sure that the damage was minimised, that the recovery and information was swift.

Obviously there is a still long way to go, but we were on this occasion, I think, able to get some clear messaging out there. The use of social media again proved a very, very significant benefit in terms of advice to residents, as well as the more traditional means of media use to get the messaging out.

Our SES volunteers never cease to amaze me. After they had completed their efforts here, a group of 31 set off for Bundaberg last Thursday, and a further group of 31 took off for Bundaberg on Sunday. No end to the dedication of that group of people.

Whether we are talking about Queensland Police Service, Queensland Fire and Rescue, Queensland Ambulance, St John’s, Energex, QUU, SEQ Water or the Bureau of Meteorology and their updates and assistance to assist us in getting on with modelling, all of tremendous help. We thank them along with the other agencies – I have not included everybody – but all of those agencies involved, a very sincere thanks.

Chairman: Before I call for further debate, can I also acknowledge the former Councillor, David Hinchliffe, who is sitting up there behind the post. Welcome, David. Further debate; Councillor DICK.

Councillor DICK: Thank you, Madam Chair, I rise to offer my support for this motion which is, of course, important because during times of disaster and times of particularly natural disaster, more than ever people turn to their local authorities and they turn to, particularly in Brisbane obviously, hard-working and dedicated Council employees.

I want to start first of all by acknowledging the leadership from the top down, and I want to thank the LORD MAYOR for his support in working across the political divide and supporting Councillors in their request. I also acknowledge the CEO and the work that he does and his team for their support. I know, unfortunately from the lessons from 2011, the one and only good thing out of that natural disaster was that there were new processes and new procedures that we all learnt from, and that we were all able to look at during the recent times of last week.

The employees in Brisbane City Council do an outstanding job, not just in natural disasters but around the clock. I know I speak on behalf of all Councillors on the Labor team, that we pay tribute to their hard work and dedication. I want to acknowledge a couple of them, particularly those who work in our transfer stations. One of the outcomes of the disasters was the extreme amount of debris that was littered across the city, across our parks, across our streets, and I want to thank those officers who worked around the clock in clearing some of our streets, particularly with getting back to school. I don’t


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think you could probably find a worse time than families preparing for back-to-school, but also battling with the potentials of a natural disaster.

I know that those employees did an extremely difficult job in removing that debris, and I know that there is still a way to go in cleaning some of our public assets and clearing some of our open spaces. But I note most services were back on line by 2 February, which is an outstanding job, due to their hard work and dedication.

Volunteers also deserve special appreciation, because Volunteer Queensland activated very quickly, not just here in Brisbane but also indeed across the state. At this time I want to acknowledge the hardship and devastation across the rest of Queensland, particularly in the Bundaberg and Burnett regions where they are going through I think some of the most traumatic times that our state has ever seen. I want to acknowledge the local council up there as well, particularly the Mayor, Mal Forman, I know who is doing an outstanding job battling against extreme difficulties.

The call centre staff I know I was dealing with practically on an hour by hour basis, and I know that their hard work and dedication also needs to be acknowledged, and I would appreciate it if the CEO could advise on behalf of myself and my local residents their great work during this time as well.

The LORD MAYOR touched on sand bags. I think if we’ve got anything right, it is a machine that we have now got well and truly up and running here in Brisbane regarding our sand bag deployment. I know the centre at Darra worked overtime and particularly in some very difficult circumstances, and all of those officers who work at those depots, a very big thank you for all of the work that you did in preparation for the disaster. As we have read and heard before, I think it is safe to say in some parts of Brisbane we did dodge a bullet. But we cannot forget that there were parts of Brisbane that were inundated, that families particularly were stressed, and the mental stress that went around the disaster.

I know speaking to local residents in my own area, it was that anticipation that fear, that feeling that: could this be happening again? Will this happen again? But the positive out of it was to see the community once again coming together, working as a team, evacuating, lifting furniture, lifting their belongings to higher ground very quickly. We just didn’t’ see it here in Brisbane; we saw it in places like Logan, Goodna, the surrounding areas. Thank heavens that we did not experience the severe damage that we saw in 2011, but nonetheless I do want to place on record my thanks to all those volunteers across the city who came to the aid of their neighbours, in some cases to strangers as well, to help them deal with a very, very stressful time.

I also want to thank all of the Council officers that are going to continue to keep working hard as we rebuild and get the city back up on its feet. I know we have got a long way to go ahead, but looking at the efforts and looking at their hard work that they did during the last week, I have every confidence that our city will continue to grow, continue to rebuild, and prepare; hopefully we will not see any more future disasters, but if we have, and if we do, I know that the city is in great shape with our Council officers at the helm.

Chairman: Further debate; Councillor BOURKE.

Councillor BOURKE: Thanks very much, Madam Chair. I just want to rise briefly to speak to the motion that is before us today in acknowledging the hard work that all of the volunteers and, indeed, the Council officers, put in over that very, I guess, tumultuous time, the Australia Day long weekend. It was ironic that it was on Australia Day, a day that we come together as a nation to celebrate what makes us quintessentially Australian. Quite often on Australia Day you talk about mateship, you talk about that volunteering spirit, and we saw that once again come to the fore this year in a tangible way out on the ground.

The Jamboree Ward was in the firing line once again, but as Councillor DICK said, some parts of the city did dodge a bullet. While there was no flooding into habitable floor areas in the Jamboree Ward, there was damage to community


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facilities, there was concern in the community, and obviously there was some damage from the storm event to some of our other assets in the ward. But importantly, we were prepared, and we were prepared because of the leadership of this organisation and a number of organisations around the city, and the time and the hard work that was put in by the volunteers, by the LORD MAYOR, by the CEO of Council, by all of the Council officers, and all the volunteers from the SES and other emergency services.

I want to put on record my thanks to the LDCC, to the Council call centre, some of the operators that I spoke to a number of times over those four or five days as I was logging jobs and reporting incidents across the ward, to the tree crews who went out all night in many cases cleaning the streets, making them safe so that people could get around, so that we could get around as Councillors and still do our job in terms of servicing our wards during their time of need.

Can I thank the team in Water Resources who at very short notice were able to come in and prepare and get the information the residents of Brisbane needed around the potential flood risks? There was a lot of work done over the weekend to make sure that our flood maps, so that we could go out to the residents of Brisbane and make them aware of what the flooding risks were going to be, was done by the Council officers who came in on the weekend to make sure we had that information.

Can I thank the Asset Services Branch, particularly Asset Services West, but also the Asset Services team in town who were deployed to the frontline to help with that clean-up, to help with the assessment, but also to help obviously with the ongoing recovery? Can I also thank the staff at our transfer stations? There has been a phenomenal amount of waste created from the storm event, but also from the flooding event, and as always, the Council officers have risen to the challenge and gone above and beyond in terms of servicing and supporting the residents of Brisbane.

It is quite humbling to be back in this place, but also to be a Councillor and to be part of an organisation that services the people of this city in their hour of need so well.

Chairman: Further debate; Councillor NEWTON.

Councillor NEWTON: Thanks very much, Madam Chair. I rise to speak in support of this Special Motion of Appreciation. As other speakers have mentioned this afternoon, the Australia Day long weekend was indeed quite a significant one for various parts of the city. Deagon Ward unfortunately did cop it this time. We had areas during the last major event in 2011 that were spared from flooding. However, this time around it was completely different. Talking to a lot of older people in the area, they paint a picture of it being worse than the preceding events to the 1974 floods where we had a similar situation with a cyclone coming down the coast, lifting sea levels, and creating localised flooding through the area.

Throughout Deagon Ward, there were various amounts of damage done. We saw, as I said, the sea rises. On Sunday morning when I went out to observe the high tide, I think many people were shocked to see the extent of the tidal surge, where the sea wall through Sandgate and Brighton was overtopped significantly, and locals experienced flooding for the first time in many, many years.

While these areas weren’t necessarily always dedicated as habitable flood areas, people of course over time have built in under homes and stored stuff underneath. In particular, I have been making sure we are keeping close eye on some Housing Commission residents who had water through their flats. It wasn’t just the non-habitable floor areas for those residents.

So as the tide peaked on Sunday morning, there was lots of great nervousness about what might happen with the Sunday night tides and the following high tides over coming days. So people really did spring into action in terms of sand-bagging and making sure that their neighbours were looked after and taken care of, checking in on relatives and friends through the streets, which was terrific to see.


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Sunday night brought with it another very, very high tide and flooded local streets but not to the extent of Sunday morning, which was also accompanied by those very strong winds. Then, of course, Monday morning we had the highest tidal surge of all, where most streets – Flinders Parade and The Avenues – were completely under water, as you have probably observed from reports. But that was only one particular part of the flooding that occurred in Deagon Ward. A number of people have sprung into action. So that was our salt water inundation throughout the Sandgate Brighton area.

But also we saw areas like Zillman waterholes where the water levels rose, I was wading through the streets with some of the local residents who were there volunteering to try and stop traffic from driving down their streets, Because so many streets were going under water, there were simply not enough people to assist with that. At the Zillman waterholes at Boondall, people were particularly concerned about additional flooding from wave action from vehicles going through their streets and causing additional flooding.

I must say how proud I am of the residents living around the Zillman waterholes who sadly are much more experienced in dealing with flooding, given that it happens to them once a year, twice a year or once every couple of years at the very least. So they had their sand bags in place, and older residents like Kev Morgan, who has lived in the area for more than 40 years, went around the community warning people to move their cars to safety. It is great having local residents with that long-term knowledge, and it just shows the resilience of that community.

People living around Cabbage Tree Creek also experienced flooding because they had the tidal surge at one end of Cabbage Tree Creek and the stormwater rising and meeting through places like Deagon and Taigum where it slowed up and caused flooding around those areas. Moreton Island was not spared, either, with damage to Middle Road and the track. So, across the areas, there was some significant flooding.

Businesses, of course, lost power for a few days, including my own ward office, so we were not able to function and assist people because we could not take phone calls, we had no light and we had no computer access for a couple of days. Can I say a particular tribute to a few local businesses? A couple of them had power for a few days, which was fantastic. Mel Grace, from Billycart, the store near Sandgate Railway Station, became central base for baked relief, where businesses and people from across Brisbane cooked food, because of course there were people without power for a few days. They were delivering food to pensioners who hadn’t eaten in two days, and it was just fantastic to see people’s hearts poured out. But I think for many of those people it was more than the nourishment of the food, but the fact that someone took time to care about them.

I would also like to name Wes Thompson as a local businessperson and a local resident. He runs Just Coffee. He, along with Mel, helped coordinate coffee runs for SES volunteers and food runs for people in the community. We had Jane Agostini whose business, Il Forno, lost power, so she decided instead of letting the food go to waste, that it would get turned into hot toasted sandwiches to help keep people fed in the community. Snap Fitness snapped to it and provided free hot showers for people who had lost power with their electric hot water systems being flooded.

I would like to also pay huge thanks to all the other volunteers, our SES who I met out in the streets who were helping to secure roofs and meeting particularly with a lot of our elderly people in the area to make sure that they were okay. I would also like to thank all the Council officers. I must say, not having had to deal with the LDCC last time, I had not really had much experience, but can I say thanks to the teams. I do not know if lessons were learnt from last time, but I found the officers very helpful, very efficient, and I found that that system worked very well. So I am really pleased to see that.

I would also like to thank the street cleansing teams who got out very quickly trying to restore a sense of normality. During the foreshore flooding, we had


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eels, jellyfish, turtles and prawns swimming through the streets and through people’s backyards. One person found a Bluebottle in their garage. So this cleansing effort was a little bit different. We had a lot of debris, but also some different kinds of saltwater inundation and some different things to have to try and deal with.

We had a number of trees come down, roughly 50 trees in Deagon Ward, and I know it is breaking the arborists’ hearts in Council to have to go around and assess these magnificent trees that have toppled over under the severe conditions. The contact centre staff that probably got sick of me ringing them to report different problems into them, everything from problems where the sea wall has crumbled along the foreshore, just through to fallen trees that were hazards. It was very helpful to have their help and support, and they were grace under fire, I believe, because they would have been receiving thousands of phone calls from across the city at the time.

I would also like to say thank you in anticipation of other restoration of our assets as well, because I know that that is going to be a big job. The saltwater inundation particularly along the foreshore has played havoc with our assets. We need to be conducting audits of the electric barbeques, checking the whole of the sea wall. Thankfully the Shorncliffe pier did not wash away in the conditions, but there needs to be a number of audits to establish a way forward.

In closing, I would also like to thank everyone for their help and support for the Deagon Ward community. The outpouring of support has been fantastic. Community members have remarked how quickly Council has stepped up to restore things to normality, and I think that is important for communities to be able to recover. I would also like to thank Patrick Lu from Tzu Chi Buddhist Foundation who has made contact with me to help identify our locals who might need support, so people who are pensioners, for example, who might not have the insurance to replace some of the items that they have lost during the flooding.

It is with my absolute pleasure today to stand here and acknowledge the hard work of everyone, Brisbane City Council officers, SES, local residents and business people who have helped Deagon Ward residents get back on their feet so quickly.

Chairman: Further debate; Councillor HOWARD.

Councillor HOWARD: Madam Chairman, I rise to speak briefly to the special motion as well and to add my thanks to the wonderful efforts of the many people who worked tirelessly to ensure the safety of the residents of Brisbane during the recent flood and storm events. I have been out and about the neighbourhood listening and talking to people throughout the ward over the past few days, and of course the inner north of Brisbane, as you all know, is very special to me, so I was pleased to visit, at one of my first stops, the hard workers at the Newmarket depot of SES. I think Councillor DICK mentioned the good work that they were doing.

It was interesting also that the federal member for Brisbane, Teresa Gambaro, was there with Tony Abbott filling sandbags as well. It is great to see everyone pitching in to give a hand. We know that it is you, the SES, and the other groups of hard-working volunteers who were on the ground delivering the results we needed.

Indeed, I was pleased to know that, together in those days after the rain and the wind, that we saw the mountains of mess that had been created by the aftermath of flooding quickly removed from the streets. I would particularly like to thank the LORD MAYOR for visiting Northey Street with me very early in the process, and it was good to talk to the local residents. There were some power lines down, and everyone was working very quickly to restore normality. So Northey Street, Cullen and Nicholas Street, which is close by, were very badly affected, as they often are.

It was also good to see that a lot of our residents had taken the precautions that everybody was putting out to them, so again I think that pre-warning was a


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wonderful thing for our residents of Brisbane. Assisting residents and businesses in times of trouble was top of our mind, because we know that, even though the tidal flood in our area is not a new occurrence, it is difficult to rebuild and repair. So, thank you to all our amazing Central Ward teams who have been criss-crossing our area. I want you to know that residents, small business people and others are all saying to me that they are very happy with the job that you and your colleagues have been doing since it was safe to enter our affected neighbourhoods, and start the clean-up. So thank you.

Chairman: Further debate; Councillor JOHNSTON.

Councillor JOHNSTON: Yes, Madam Chairman, I rise to speak on the motion as it has been made here today. Firstly, I would like to put on the record how lucky I think the residents of Tennyson Ward feel. That is the overwhelming feedback that I have had about the storm and flood event that occurred last weekend. Residents in my ward were very hard hit by 2011 floods, and it was extremely traumatic for many of them, particularly on the Sunday night when the storm was very wild and the anticipation of flooding became a reality for those people. They were extremely distressed and upset, and everyone I spoke to on Sunday night in quite wild weather were really worried about what was going to happen. Would they flood the next day?

That, as it turned out, was probably the worst of the water in our area on the Sunday and the Monday. It certainly continued into the Tuesday as well, but this event I think was very different to the last one in the sense that it was the storm largely rather than the floods that have caused the significant damage around Tennyson Ward.

We have not emerged unscathed in the sense of flooding either. There are about 16 houses across a number of suburbs, including Rocklea, Graceville, Sherwood and Chelmer that were flood affected. That included water underneath their houses, so into their downstairs areas, but thankfully not upstairs. I think it is a hallmark of the way in which our community responded to these floods, but most people were prepared. They had a plan of action in mind; they knew what they were going to do, and either on the Sunday night or the Monday first thing many people who had been flooded in 2011 made plans to evacuate their homes, and they moved out with friends, or they moved all their belongings upstairs.

I just want to thank and commend residents in Tennyson Ward for their planning and their foresight. I think it is a great thing that they have recognised the impacts of those floods in January 2011, and they made informed, early decisions to prepare for what we were advised could be quite a significant flooding event.

So, firstly, I want to thank all of the residents of my ward for being so prepared and so pragmatic in the face of what looked like it would be another very bad disaster. That leads me to the information that Council was providing to residents, which I have to agree with Councillor DICK here, was much better than two years ago, just as a learning,

I would say that clearly the Council website was not coping with the volume of traffic at certain times, and that might be something that we have to look at. Once, I believe, the Premier made the announcement that the street-by-street flood maps were available on the Council website, it was very, very difficult to get access to those initially. I presume that is simply due to the volume of people that were trying to access that information. But that might be a lesson out of this event to assist Council to meet that high level of demand at very peak times during the storms. But otherwise, certainly the information being sent out publicly was excellent, and I thank Council for that information.

I, too, noticed a huge difference between the disaster advice being provided by Council through the LDCC. Our questions were answered when they were put forward. Just as a piece of feedback, as the CEO is present, I would just say that seems to have been stopped a bit early. I understand that disaster recovery information is still being compiled and prepared, but as of Friday when that


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system was shut down, we no longer have access to the situational reports that are being prepared within Council.

The disaster recovery phase is almost as important to our residents as the disaster itself. Residents want to know when their parks will be reopened, when it is safe to go back into certain areas and so forth. They also would like to have a realistic timeframe, I guess, of when the flood recovery will happen. That kind of information is important, because it helps us as Councillors, as well as Council, manage the community’s expectation about how flood recovery will occur through the city. Certainly the residents know that all of the trees down, hundreds and hundreds of trees down in my ward and certainly I know throughout the city, are not going to be cleaned up overnight. It is going to take some weeks. But having that information on an ongoing basis from a recovery point of view would be very helpful so that we can give the community the most up to date information.

As was the case in 2011, it was a very strong community and neighbourhood response that marked my ward’s response to this disaster event. I would particularly like to place on the record my thanks to the Moorooka Lions Club who again offered their support immediately in terms of assisting residents who were undergoing hardship. I would like to thank the Yeronga Community Centre. Those ladies were prepared as always to assist the community by opening up a relief centre if it was needed. Thank goodness it was not.

I would like to thank all the sporting club volunteers. The Tennyson Ward sporting clubs were so hard hit in 2011, and the first thing they did was move all of their equipment to higher ground, to seek alternative venues to store rollers for cricket pitches and all of that kind of thing. Thank you to those clubs who assisted them, and thank you to those volunteers who pitched in to ensure that this sporting season was not going to be disrupted in the same way.

There were two sporting clubs that were pretty hard hit. I thank those volunteers. I know they feel they’re quite self-sufficient, having spoken to both of them, but the Oxley Sailing Club and the Corinda Pony Club were both fairly significantly impacted by the flood event. I know this just says storm, but there was a flood event. The mud was all back over the boatsheds at the Oxley Sailing Club at Chelmer, and the horse paddocks were completely inundated again down at Corinda.

I know those volunteers are working hard to restore their clubs, and I thank all of them, their friends, and the fellow community people who are helping with that. Thank you very much.

I, too, would like to thank the Tzu Chi Foundation who, like the Moorooka Lions Club, were very quickly on the phone to offer their assistance, as too were many of the churches not only in my ward but the larger churches from around Brisbane who assisted in 2011. I thank you so much for making contact offering your support, and where it was provided, we thank you very, very much for your very civic-minded support of Tennyson Ward residents.

I would particularly also like to thank the SES, the police – that is the Annerley, the Sherwood Police and, more broadly, the Queensland Police. We did have some concerns about an elderly resident in Sherwood, and I would like to particularly thank the Sherwood Police, the Acting Sergeant in charge there, who I think quite at some peril to himself swam through some pretty ugly water to go and check on this elderly resident. I do thank him very much, because we weren’t sure where he was or whether he was okay. So a big thank you to our local police, our local SES volunteers in the south western region.

Finally, I will conclude by thanking the Local Asset Services Council officers for South Region, under the leadership of Luke Riley, the Manager of that area. It is a huge event to have to recover. Tennyson is one of those beautiful historic wards. It is very old. Most of the parks and so forth have been there for a very, very long time. This storm event has been characterised by the number of very significant mature trees that have been lost. Many of them are down across


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roads, power lines, parks, just everywhere. It was quite catastrophic to see the number of trees down.

I would like to thank them for coordinating the clean-up of the damage to Tennyson Ward. All of the waste teams that are supporting them in that clean-up, and all of those who have been manning the tips as the extended hours and so forth to help those people who are taking through their green waste to the tips as well. I was chatting to an older gentleman who is about 70 and lives in Corinda, and he insisted he was going to take all of his green waste to the tip, not put it on the kerb because he could do that. So I know that our residents are very conscious of assisting Council where they can.

Certainly I note that many residents were out on the Council verges or the Council roads after the floods with their chainsaws cleaning up. That is something I think that this Council hopefully will acknowledge, that the residents here did assist us greatly in the initial days after this event to undertake the initial stages of that clean-up.

There are three parks that are still closed in Tennyson Ward, and I certainly look forward—

Chairman: Councillor JOHNSTON, your time has expired. Further debate; Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Thank you, Madam Chairman. It gives me great pleasure to rise in support of this motion today. I spent a significant portion of Sunday and Monday of the storm event with the SES South Western group, and I know first-hand exactly how hard all of those volunteers worked. There wasn’t just the storm event; there was also the Oxley Creek breaking its banks through the back of Pallara, and fortunately we did not have any home inundation.

Yesterday I went down to the Oxley Creek, and it looks like a nice sandy creek now, but the pipeline that you see in the background was completely almost inundated with water during the event. I have seen so many instances across my ward of trees that were uprooted, and we are not talking small trees. We are talking 90-foot gum trees and iron barks where their root ball has come out of the ground and they have crashed through trees. One tree, a big eucalyptus, went through the roof of a family’s home, and that happened at 2.20 a.m., and they had only just taken their five-day-old baby home from hospital that lunchtime. I know that they have been sincerely appreciative of the assistance that they have received from Council in removing that tree from their roof, and they also do extend their thanks to the LORD MAYOR for coming and personally visiting them, to see how they were doing post the event.

Trees have just been one aspect of this storm event. There were a lot of items that were outside in people’s backyards that were becoming airborne missiles as well, and this is something that we need to be cognisant of in the future. These are some of the items that cause damage.

I know that the Council officers were working extremely hard behind the scenes. One of the important aspects that we must reflect on now is the importance of the work that the Council officers have put in over a longer period of time in establishing the early warning alert system, because in many cases that was the trigger for most residents to start their self-evacuation. It was that pre-emptive knowledge that allowed residents across this city to undertake action where necessary.

Madam Chairman, there were a lot of downed power lines through my area, and there were a lot of police who put themselves into precarious positions to try to stop people driving near those power lines, and to make sure people were safe. I do commend them on their efforts. They were also out there in the depths of darkness, particularly on Beaudesert Road managing traffic when the traffic lights at about four major intersections were down for an extended period of time.

There has also been a very different aspect to this event and the flooding of Paradise Road than previous events. Given that the transport area of Council has


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had floodgates installed on Paradise Road, this in itself prevented a number of people from going down Paradise Road and getting themselves into difficulties. However, that said, there were still a number of people who deliberately chose to ignore the floodgates and drove into the flooded areas of Paradise Road, putting themselves and emergency services at risk, as we have sort of been assessing with some of the swift water rescues in the past. I do say to those people: please do not put our emergency services personnel at risk, because they are out there doing an extremely tough job for the whole of our city and community, and they do not need any additional work because people choose to disregard proper marking on roads.

This week has seen the power come back on and phone lines be reinstated in parts of Algester and Parkinson. There has been a lot of work going on behind the scenes by many personnel to ensure this has happened. That is not something that can happen in five seconds; it does take a long period of time, and it has to be done safely. I think that is one of the most important things that we have to recognise in these types of events. Safety is the priority for all of these personnel who go out in the conditions.

We had significant wind gusts going through Parkinson Ward. We had many large trees splitting through the centre, and many of these crews were out there trying to clean up in the immediate time straight after that. We have seen particularly the SES on that Saturday and Sunday, the South Western group and Southern group, working tirelessly. Those crews have to be commended for every effort that they put in, because it is second to none. Knowing many of them personally, I applaud each and every one of them, because they do a great job for our city.

To all of our Council officers who have been out there on the ground, particularly cleaning up from the trees and the debris, they are doing a fantastic job. In fact, I know that in one particular street, they were out removing four trees which were an imminent safety danger from 8 p.m. to 3 a.m. in the morning. They have been working around the clock, and no words can really express the appreciation that residents have for the efforts that the Council officers have undertaken in making their homes and streets safe.

Madam Chairman, there are so many people involved in a recovery and a response to a circumstance like this, and to name them all would probably take a week. But to each and every one of you, on behalf of all the residents of Parkinson Ward, I extend a very big thank you for those who not only volunteer but also those who work for our Council and emergency services personnel. Thank you, Madam Chairman.

Chairman: Further debate; Councillor CUMMING.

Councillor CUMMING: Thanks, Madam Chair. I would like to thank the community volunteers and the Council staff who worked to clean up in the Wynnum Manly Ward. On the Monday morning, I put out a little call for assistance through email and on the radio, and within 15 minutes I had people out helping with sand-bagging to try to minimise the damage to the fish and chips shops along the esplanade. There were 20 to 30 volunteers who assisted with filling sandbags at the Lota depot on Monday and ensured there was a plentiful supply.

Also, thanks to the Council staff and contractors who promptly worked on clearly trees away from across roads, across footpaths, and in three cases off houses. Also, to the contact centre for its usual courteous and considerate response under what must have been extreme work load over the weekend.

Finally I would like to thank a group called Baked Relief. A lot of the people who suffered losses in my area were people who lost their power for anything from two to four days, and Baked Relief were able to bring out home-cooked products and also Brumbies at Birkdale provided bread, and the Brisbane Coffee Catering, a Wynnum business, also provided coffee for some of those people who had lost all of their food out of their freezers and fridges.


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Thanks also to the SES for their great efforts. I know a lot of the volunteers live around Wynnum Manly, and they already look forward to a depot being built at Lota. So thanks very much to all these groups and the individuals for their efforts. Thank you.

Chairman: Further debate; LORD MAYOR, would you like to close the debate?

LORD MAYOR: Thanks very much, Madam Chairman. I thank all Councillors for their contribution. I absolutely understand that many other Councillors probably would like to have added to the debate today, but in the interests of time, we have had a good spread from across the Chamber, and I thank all of those who contributed in doing so, I am sure, on behalf of all Councillors.

One of the great ironies of the event, and the people that we thank in this motion, was that we had all rehearsed extensively for bushfires. That was the expectation coming into the summer season. Ironically also was New South Wales, Victoria, South Australia to some extent, and Tasmania copped those bushfire events in a significant way. But the same learnings I suppose were put to the test in relation to this event, and I want to thank again all of those, particularly within our own organisation, who really stood the test.

It was also an opportunity – and I thank the CEO for this initiative – to utilise this event to have personnel, new personnel, trained in disaster management, standing alongside those who were experienced from previous events. So that has further enhanced our organisation in terms of the skill base that we have before us with regard to disaster response and recovery.

We will continue to learn, and I look forward in the days ahead to any suggestions that Councillors might have, or their communities might have. There are ways we can improve even further. Each event—and let us hope we do not have too many of them – but each event allows an opportunity to fine-tune and to learn from the previous event. This event was of a much smaller scale. That did allow, obviously, the response effort to be, I suppose, better on an individual basis.

I want to just recap to some extent on the comments that Councillor OWEN-TAYLOR made from my own visual experience down in Councillor NEWTON’s ward and looking at the sea wall and the massive chunks of concrete on that sea wall that were moved. If ever there was any doubt about the force of water, and not much depth of water, then the evidence of what that water did to that concrete was of itself a really telling story. Anybody who tries to go through water across roads does so at their own peril. We have seen that over and over again with very unfortunately outcomes.

But again, Madam Chairman, I just want in wrapping up to thank all of those people who have contributed to the debate today, but importantly, all of those, our own Council staff and all of those other entities, both professional and volunteer, who assisted in our efforts. Thank you one and all.

Chairman: I will now put the motion.

As there were no further speakers, the Chairman restated the motion of special appreciation, which resulted in it being declared carried unanimously.

MINUTES:386/2012-13

The Minutes of the 4391(special) meeting held on 23 November 2012 and the 4393 (ordinary) meeting held on 4 December 2012, 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.


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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 MARX.

Question 1

Councillor MARX: Thank you, Madam Chairman; my question is to the LORD MAYOR. I understand that restoring and consolidating confidence is critical to recovery after any type of incident such as our recent Australia Day storm event. What are you doing to restore confidence to Brisbane’s residents and businesses?

LORD MAYOR: Well, I thank Councillor MARX for the question. Madam Chairman, it is true that, following events of this sort, apart from those people within our own city who can see for themselves, there is a task to, if you like, put the record straight in regards to people from outside of our city, people interstate, people internationally, as to the position that we are in as a city. We know, as local people, that the city has recovered very quickly. For all intents and purposes, it is business as normal, even those restaurants in the lower tier of the Eagle Street pier.

By Thursday of last week, a couple of them were back up and operating as per normal, which was great to see. So, it will be a job which rests on all of us, and in the same way that we have taken on the task last week of working as one across political lines to make sure our city recovers quickly. I am sure also that Councillors across the board will do what they can in their own ways to get the message out there that Brisbane is very much open for business and is recovered. Sure, we have things to do in terms of a little bit of clean-up around the streets of the city, but for all intents and purposes, we are operating as per normal.

Madam Chairman, through you to Councillor MARX, it was certainly the case that during the event we had some significant loads. People earlier have given some credit to the contact centre. There were some 25,350 calls received by that contact centre. That was an outstanding effort to respond to those calls during that period of time. We have mentioned the 150,000 plus sandbags that were produced.

All of our transport operations are back to normal. This is a message that we can get out there. So river transport, which was an issue for some time, we are now back and operating as per normal. I know that Brisbane Marketing, through its communications and publications, are reassuring businesses both interstate and overseas that we are certainly back to normal.

I had the opportunity last Sunday – Macca on Sundays, on the ABC, was in town. It was fortunate timing. It allowed an opportunity to get out there on that national program to sell that message and to give an account of the things that were back to normal within our city. As a city, while there are costs – and I will talk about this perhaps a little later in the E&C Report – it is important that we do keep going in terms of the important projects in our city. Legacy Way, restoration of this building – it is still a construction site in spite of us being here today, the Chinese New Year celebrations that will be coming up over the coming week or two, focusing around those festivities in the city, and getting back to business as normal within the operations of this Council as quickly as possible.

That is why the LDCC has been stood down, but there are provisions as Councillors will know from correspondence for them to continue to engage with a contact point there to assist with any outstanding jobs out in the suburbs of this city that we need to get back to normal. To that extent, we will see the green waste kerbside collection task completed in about two weeks. Normally, of course, our kerbside collections that are done on an annual basis take many months to do. We have geared up with additional resources through the private sector to make sure that we can get these streets of our city cleaned as quickly as we can. I thank all residents for their cooperation in that regard.


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So, Councillor MARX, it is back to normal. It is business as normal, and it is time to invite everybody to come and enjoy all that we have to offer in our great city of Brisbane.

Chairman: Further questions; Councillor DICK.

Question 2

Councillor DICK: Thanks Madam Chair; my question is to the LORD MAYOR. Your cutbacks to Council’s tree operations are seeing longer and longer waiting times for street trees to be trimmed and maintained. In the wake of the recent storm damage, will you reverse your cutbacks and increase funding for tree maintenance in the next Council budget?

LORD MAYOR: I thank Councillor DICK for the question. The reality is that we have a very strong tree maintenance program in this city. Obviously I am not going to be stating today what might or might not be in the Council budget. Suffice to say that we, a number of years ago, engaged on a process of proactive tree maintenance. Before that time there was a reactive program to tree maintenance. In other words, tree maintenance would occur only on a complaint basis, and we had people running all across the city. They would be going here, there, all over the place. These days we do our tree maintenance on a quarterly program basis, taking into account requests for tree maintenance. That is a cost effective system. It is a way in which we drive value for money for ratepayers, and it is a way also that all streets in this city get examined in terms of tree maintenance.

So, Madam Chairman, I can understand the question in light of the events of last week. I can understand that. The wind gusts following the days of rain depression that we had on the back of the cyclone, were obviously the cause for many trees to come down. Some very stable trees, some very healthy trees came down. So I can understand in light of the event the question. But again I say this: we need to address the issue of trees cautiously. There will be, I know, strong moves in this city to knock more trees down. This is always a fine balance, always a fine balance.

I remember the incident at Windsor where some trees needed to be removed, and then all hell broke loose. So there is always going to be –

Councillors interjecting.

Chairman: Order! Order! Councillor ABRAHAMS! Order!

LORD MAYOR: There is always going to be a balance to be met. We have arborists that regularly inspect trees in terms of their health, if there are questions around a tree’s health, in terms of those arborists’ reports, then they need to come down. I am the first one to admit that. We do take that action. But equally, there would be widespread community criticism if we clear-felled significant numbers of trees within this city as well.

So, in terms of maintenance, we will continue the program. As for the budget, that will be revealed in June of this year.

Chairman: Further questions; Councillor WINES.

Question 3

Councillor WINES: Thank you, Madam Chairman; my question is to Councillor ADAMS, the Chairman of the Brisbane Lifestyle Committee. Can you please detail initiatives undertaken in your portfolio to assist residents during this critical time?

Councillor ADAMS: Thank you, Madam Chair, and I thank Councillor WINES for the question. Yes, Brisbane Lifestyle portfolio has been very busy in the last 10 days, and I have to say that we did actually swing into action well before the events of last weekend. In our call centre, for example, we proactively carried out our resourcing and planning on the Friday before the long weekend, knowing that there was possibly going to be a storm incident over the weekend. We had 12 staff on that Friday planning and resourcing, making sure that we had those extra people there available if required during that day.


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On Sunday 27 January, we see that the contact centre had 58 staff working from 5 a.m. until 11 p.m.; that is 38 above our usual 20 staff that work in that same period, making sure that we could reflect the situation in a timely manner, making sure that we could get to the calls, and making sure that our scripting was regularly updated as information came to hand.

We also activated our Chermside call centre in conjunction with Yeerongpilly, and that made it easier for our staff on the north side to get into work as well. Our accelerated event response was activated, which did allow some of our call centre team to work from home.

It is hard to image that back in 1974 there was actually no contact centre, and in contrast we have looked at receiving 35,000 calls from Friday 25 January to 1 February, and I would like to commend all of our contact centre staff on the job well done over that week.

In addition to that, once the Brisbane Local Disaster Coordination Centre was activated on that Sunday morning, we quickly started planning for the evacuation centre. So the Sleeman Centre at Chandler was open from 5.30 pm on that Sunday. It was operated by the Australian Red Cross with our staff on hand to assist, and thank you to Tzu Chi that also came along for support there. We only had 16 people and one dog, as the LORD MAYOR likes to mention, that came to the evacuation centre that night, so it was only needed for that one evening before they were right to head home again.

It was mainly established to make sure that it was ready in case we did need to house many people, and we immediately had 110 beds there for dormitories, but once we realised that we only needed it for the 24 hours, we chose to close down that site and actually then worked with the State Government with their Department of Community Services in setting up the recovery centres at Jindalee and then further on at Clayfield and Yeronga.

Our local community volunteer response also swung into action once we got the LDCC up and running, and we started thinking about how we would help those people that had difficulty helping themselves, particularly when we had such large trees coming down in backyards. So we initiated a two-phase local community volunteer response to help our affected Brisbane residents. Initially it was about preparing and then cleaning up the trees and the debris.

So, to set the wheels in motion, obviously we started with the call out for the sandbagging on Monday 28 January, and we had the help of staff and over 160 community volunteers that came out to help with those sandbagging. As we heard in the motion, it was greatly appreciated by those people who were in fear of inundation. We continued with our work through Volunteering Queensland. They did swing into action quickly, and we worked very well with Volunteering Queensland, and we started to commence matching volunteers with residents requiring assistance for clean-up. So we developed fact sheets for the volunteers and residents who wanted to volunteer their assistance, which clearly articulated what we required them to do, and the terms of working for safety for themselves and for the residents as they worked on those properties.

Then, phase 2, last Friday started with our community volunteer response, which is a more designated response with our SES team leaders and going out to our more severely affected areas over the weekend. Madam Chair, I would like to take this opportunity to acknowledge and thank the community and business groups that worked with us on our business matching for the volunteers – that is Hillsong, Nexus Care, Tenrikyo Oceania Centre, the Muslim Charitable Foundation, Energy Drilling, Jindalee Rotary Club, St Catherine’s Anglican Church at Jindalee, Bernie Bray, [Shed Wes], and of course our SES volunteers that led some of those volunteer groups. So thank you very much for that work.

Our sport and recreation teams are out there assessing the extent of the damage to our community facilities. We have heard that a lot of facilities are getting back on their feet themselves, but we are making sure that we can get out there and help them how we can. We have spoken to over 50 per cent, focused on the suburbs that have been hardest hit at the moment, but we will get through


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touching base with them in the next week and making sure we have our list of priorities there.

Finally, our compliance and regulatory services officers were at the forefront again of our immediate operational response. They made sure they went out there, looked at our infrastructure, our car parks, our depots, against our flood mapping that we had. Our schedule and despatch teams were staffed and running 18-hour daily shifts by Monday. So many officers came off leave to ensure that our critical function was active and working.

Chairman: Thank you, Councillor ADAMS.

Councillor ADAMS: So, the feedback from all our residents is—

Chairman: Your time has expired. Thank you.

Councillor ADAMS: —thank you very much.

Chairman: Further questions; Councillor DICK.

Question 4

Councillor DICK: Thank you, Madam Chair; my question is to the LORD MAYOR. Will you release and update to the Chamber the details of the deal under way with the Queensland Investment Corporation (QIC) that you claim will save ratepayers $650 million, which conversely means it will cost QIC $650 million? Surely the giving away of tolling rights for the most expensive toll tunnel a local government has ever undertaken requires a fully transparent process so ratepayers can judge for themselves whether they are going to be better or worse off?

LORD MAYOR: Thanks very much, Madam Chairman, and thank you Councillor DICK for the question. This Council had an approach by QIC last year in relation to the potential purchase of tolling rights around the Legacy Way tunnel under construction and the Go Between Bridge, which is obviously currently operating. Soon after that approach – well, actually, it was at the same time, there was a report that came out from the Federal Government. It was via the Minister for Infrastructure, the Hon. Anthony Albanese, which was suggesting that Australian governments, as in not just the Federal Government but indeed state governments and government entities, needed to look to ways in which to utilise existing assets to be able to develop further assets within our nation.

On the back of that report and on the basis that there needed to be some discussions held with QIC to see whether or not there was anything in this, those discussions continued. In January this year, a point had been reached where it became clear that a formal negotiation could occur, but I made it very clear in announcing that a negotiation would commence with QIC (Queensland Investment Corporation) that there was no certainty around a deal being done, but that negotiations ought to take place.

I said at the time—and Councillor DICK, your figure is absolutely correct – that the undertaking of such an arrangement which would be the leasing of the tolling rights of those two facilities would mean that this Council would not have to pay some $650 million in costs over the period from now through to the year 2021. I have obviously written to the federal minister, Anthony Albanese, now on two occasions around this issue. Firstly back in October when the matter was first raised by QIC, and subsequently when I announced that we would be entering into formal negotiation. I, in fact, rang the minister out of courtesy and advised him that we had now reached a point where negotiations would formally commence. Then I formalised that by way of a letter to him.

Clearly the Federal Government has significant funds in the game as well. They contributed $500 million towards Legacy Way. I have in the past, and do so again today, thanked them for that contribution in assisting that project to fly. So, Madam Chairman, it is appropriate that they be a part of that decision also. They require, and as I have total respect for, that they need to have a say in that matter.


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But equally it is in line, very much in line, with the infrastructure report. If an outcome can be reached, it will allow this Council to proceed clearly with a timeline, an announced timeline, around Kingsford Smith Drive, and certainly stage 1 of the Wynnum Road upgrade. So, that is the benefit if you like, of such an outcome.

What will be in it? Well, I do not know. If I did know, I would be very happy to tell people. If an arrangement is stuck in the end, obviously all of those details will be made public to the people of this city. They are entitled to know what it will involve. But let me give a flavour, if you like, to the sorts of things that it can involve. There is $650 million that consists of operating payments, it consists of depreciation, it consists of interest in relation to that period from now until 2021. That is money we do not have to find as a Council in that period.

On top of that, there will obviously be moneys that would come to Council for the taking on of this tolling right. The assets will remain in the ownership of the people of Brisbane, and they will get those assets back at a time into the future. But it means that the costs of operating are taking from this Council and the ratepayers of this city.

Councillor DICK: And we get all the risks.

LORD MAYOR: So, Madam Chairman, in terms of risk, let me talk about risk. We continue to undertake the development of this project. Do we take that risk? Yes. Am I comfortable with that? Yes, I am. Because the project is well advanced, we have a significant contingency within the risk component of that project. So, Madam Chairman, I see my time is up.

Chairman: Thank you LORD MAYOR. Further questions; Councillor WYNDHAM.

Question 5

Councillor WYNDHAM: Thank you, Madam Chairman; my question is to Councillor McLACHLAN, the Chair of Field Services Committee. You successfully prepared Brisbane for the recent storm and flood event and worked hard to ensure a speedy recovery for Brisbane residents. Can you please provide the Chamber with further updates?

Councillor McLACHLAN: Thank you, Madam Chair, and I would like to thank Councillor WYNDHAM for the question. Before I turn to the issue of the impact of ex-cyclone Oswald on Brisbane over the Australia Day long weekend, I would just like to reflect briefly on those cities and towns in Queensland that got whacked a whole lot harder than Brisbane did. All those towns along the coast and inland from the coast, from Gladstone down, did not escape the wrath of this event that has been called a rain and wind event. If it was not officially a cyclone as it crossed the coast, it was damn close to being one.

The residents of Bundaberg, where my father grew up, will take months, if not years, to recover, and some may never call Bundy home again. So, if anyone is listening to this or if it gets reported by the media, please give to the Premier’s Flood Recovery Appeal. There are people who are desperate for support.

Summer weather events in Brisbane are constantly throwing up challenges, and over the last several years the store of information and resources about how to deal with them before, during and after is growing, as has been talked about earlier. I recall reflecting on this in an answer to a question in the temporary Chamber just before Christmas discussing disaster preparedness and, in particular, of the Field Services Group. It is a pity that we do have to have this capability, but fantastic that we do.

The type and intensity of the event never follows a pre-determined script. The Gap storm, those who recall, was a fierce but very localised event. Most people in Brisbane did not even know about it until the next day. The 2011 flood was clearly more widespread and devastating for those who had inundated homes. But as the flooding was from the river, there were areas that were totally unaffected with no flooding down the creeks.

So, ahead of this particular event, and anticipating a re-run of 2011, a mammoth sandbagging exercise was initiated, as has been previously discussed. As the


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LORD MAYOR said, about 150,000 sandbags were made, and I understand some 104,000 of those were picked up from four regular and five temporary locations. The Field Services staff were on high alert ahead of this storm getting those sandbags filled and the tools ready, as outdoor Australia Day events were postponed or cancelled. Thankfully, the floodwaters did not reach anywhere near the 2011 heights, and the sandbagging this time was put to the test in only a few locations.

But the 2013 storm event resulted in calls for assistance from virtually every suburb in Brisbane. Requests for assistance or reports of storm damage came in from 175 of Brisbane’s 189 suburbs. As many know and experienced firsthand, tens of thousands of households were without power. Streets all across Brisbane could not be traversed due to fallen trees or power lines. Creek side parks like Kalinga Park in my ward were once again completely trashed. Once the storm moved into and over Brisbane, the task of storm preparedness turned to storm recovery.

It was clear immediately that there would be a need for a number of parallel tasks to be undertaken across the city in virtually every suburb if the city was to get back to business as quickly as it did. Field Services were out in the field assessing damage for themselves as well as prioritising those jobs that were logged with the call centre from residents or via the LDCC from Councillors. Thanks to all Councillors for their efforts in reporting damage from their wards.

Simultaneous priorities were to get the roads open again, to shift fallen trees to the verges, and to provide the means for residents to dispose of spoiled foods from refrigerators and freezers. Working with Energex, Waste Services staff with the assistance of the waste and recycling industry of Brisbane – and I thank the industry for coming to the party once again – were able to despatch skip bins to over 90 locations in those suburbs without power for food waste.

At one stage following the storm, Energex reported over 56,000 households in Brisbane without power, and at that stage, no indications about how long restoration might take. Thankfully, all suburbs now have power returned and restored, and the food waste bins are being picked up by our contractors. The green waste task has been a huge logistical exercise and will continue to be so for the next several days. The first priority was to clear debris from the roads. A measure of road clearing is that our regular waste service trucks were able to get in on their regular runs within 48 hours of the event, and all credit to those who were involved in clearing the roads so that regular traffic could get through them.

Clearly as has been talked about, there was a lot of tree debris on private property, and the transfer station opening hours were extended with free disposal until 9 p.m. this Sunday just past. Since 27 January, over 18,000 vehicles have been processed through the transfer stations, disposing of over 5,000 tonnes of storm related green waste.

Chairman: Councillor McLACHLAN, your time has expired.

Councillor McLACHLAN: Thank you, Madam Chair.

Chairman: Councillor DICK.

Question 6

Councillor DICK: Thank you, Madam Chair; my question is to the LORD MAYOR. You are exposing ratepayers to a debt of $1.3 billion for your Legacy Way tunnel, claiming all along that the tunnel would be paid off through revenue from motorists who will gladly cough up toll revenue to use the tunnel. The latest QTC financial report says that based on your toll revenue forecasts, rates revenue and debt levels, the Council has maxed out its credit card borrowing limit. If you sell off the future toll revenue for Legacy Way, how will we pay off the already crippling toll tunnel debts without placing even further upwards pressure on rate increases impacting on family budgets?


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LORD MAYOR: Thanks very much, Madam Chair. Well, it is amazing how the tide turns. Just before we went to the Christmas break, Councillor DICK was challenging me as to when I was going to get on and do the projects of Kingsford Smith Drive and Wynnum Road. In fact, at that time we had an assurance from Councillor SUTTON that she would support unconditionally the Wynnum Road project.


Chairman: Order!

LORD MAYOR: So here is the big opportunity, Madam Chairman. This is the opportunity to fall into line with what the Federal Government is seeking, that we utilise the assets that we have to get on and create new projects, new jobs within our city, at the same time we retain in ownership those assets for the people of this city into the future. So, what we have done is to act as a catalyst. We have the Legacy Way project which will be a major facility, doing it with some funding that we came up with, some loan borrowings and some contribution from the Federal Government, the trio of financial opportunities to create that significant project in our city. It will be in the ground and it will be there. It means, of course, that there will be an opportunity to go from the Ipswich Motorway to the Brisbane Airport without a traffic light, a great result.

The fact of the matter is that the QIC is not a done deal. It is not a done deal. It is an opportunity, and if it becomes a reality, then I think there are some very positive things that will flow from that. It will mean that Legacy Way will be completed. It will mean that we can get on with some of those fresh projects.

It is interesting, the questioning from Councillor DICK, because it is not that long ago that I can recall that they wanted to do a sole deal with Leighton Properties under a PPP arrangement. We know that that would have cost this Council not the $1.5 billion of this particular project under resign and construct; it would have cost $2.2 billion. Where were they going to come up with the extra $700 million in relation to that?


Chairman: Order!

LORD MAYOR: How would they have funded the interest around that? So let’s be fair dinkum; let’s be fair dinkum here.


Chairman: Order!

LORD MAYOR: What we have is a situation where Legacy Way is in the ground. It is part of that group of projects which set this city and this region up in terms of the mobility function. Beyond that, this will give an opportunity for us to get on and do some other projects as well.

This Council does not have a borrowing problem.

A Councillor: Ohh!

LORD MAYOR: And they say ohh! But if we had a borrowing problem, would not the Queensland Treasury Corporation have reflected that by downgrading our credit rating? No. No, they did not. In fact, they improved our credit rating last year, and the second year in a row that they did it. Let me just say this in summary: what we have is a strong financial base in this Council, reflected by the Queensland Treasury Corporation’s own decisions in the last two years. We have borrowings which are within the scope of this Council and much, much less per capita than what was the case under Labor during their term in Administration.

The third point I would make is that this is in line with the Federal Labor Government’s own position on using assets to try and create more jobs and more productive assets for this city.

Chairman: Further questions; Councillor HUANG.


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Question 7

Councillor HUANG: Thank you, Madam Chairman; my question is to the Chairman of the Public and Active Transport Committee, Councillor MATIC. Could you please advise this Chamber on how this Administration responded to public and active transport issues during this recent flood event?

Councillor MATIC; Thank you, Madam Chairman, and I thank Councillor HUANG for the question and the opportunity to outline to the Chamber the enormous amount of work that this Council undertook in getting our public transport services back and running as quickly as possible. As we saw the rain event pass, the priority became to immediately get on with the business of investigating how to get our CityCat services up and running as quickly as possible, as they are an important part of our transport service that we offer.

So, the officers undertook an inspection of the various terminals, and importantly inspecting the large amounts of debris that do collect around those terminals. We saw an enormous amount of work being undertaken by TransDev and by Council officers in addressing that issue of debris. As we all know, there is a lot of water that came down the river, and as part of that, there was an enormous amount of debris, a large variety of debris that came with it.

For example, we saw a number of pontoons and other such rubbish coming through, and it was the task of TransDev and Council officers and also Marine Safety Queensland to get about and remove that. That is a challenging task. Depending on the size and the amount of debris, that can take quite an amount of effort and resourcing to do that. For example, we saw pontoons at various locations, such as the University of Queensland, and at North Quay, working their way down the river and lodging within our terminals themselves that had to be removed. Large amounts of debris, approximately 40 cubic metres of debris was removed by hand alone, not incorporating also the large amounts that were done by various tugs and ferries.

So, we can see that just with TransDev’s involvement, 120 man hours put into that particular task, all of these things collectively making sure that we provide a safe access for our Cats to and from our terminals throughout our city. But we also saw logs and trees, plastic, gas bottles and different types of backyard debris, if you like, working their way down as well.

But what we have seen in a very short period of time, once we were able to get that debris moved, was our services incrementally being introduced. We saw as early as Friday last week the re-installation, if you like, of our services downstream from Riverside to Brett’s Wharf, and then progressively growing from there on Saturday the services upstream coming in as well, with daytime operations. Of course we were quite conscious of the fact that there was still at that time quite a significant amount of debris in the river, so the operations were moving at a steady pace. But also, we saw certainly by Sunday full time daytime services, and by yesterday and today, the reintroduction of not only the daytime but also the night time services.

So, we can see that, through our hard work and commitment, planning and organisation, we have got our services back and running in a very short period of time. The night time services are still erring on the side of caution with respect to the river and what still might be coming down there, travelling at 10 knots, but clearly indicating that our services are back and running as they should be.

What is interesting to note is that, through our public transport service, we also saw the tremendous efforts of Brisbane Transport in addressing their concerns throughout the flooding period. The services of Brisbane Transport continued uninterrupted throughout that whole time. Even when they had to address a large number of road closures in different suburbs because of the flood event, they were able to put the plans in place to provide the necessary detours to continue to provide the service. Also, to the credit of BT, they were able to provide bus shuttles to cater for cancelled ferry and also QR services throughout that period.


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What we have seen is the coming together of our officers and our suppliers being able to address these issues, to continue to provide that important network service in getting our CityCats back on line. I really have to acknowledge the tremendous amount of effort and work and commitment by all of our officers in getting those outcomes, getting our services back on line quickly, and providing as much as we can an uninterrupted service during the difficult times and, of course, back to normal services now as we address the recovery process.

Chairman: Further questions; Councillor JOHNSTON.

Question 8

Councillor JOHNSTON: Yes, Madam Chairman, my question is to the LORD MAYOR. I refer you to the glossy January 2011 Flood Action Plan Report that you published last year. In that report, on page 18, there is a recommendation there that Council installs flood markers on key roads throughout the city to complement public awareness and safety campaigns. In the report you published last year, you stamped a big ‘completed’ stamp on this item. As you know, last year these flood markers were not completed. I asked you a question about Cliveden Avenue and Pratten Street, Corinda. You have not come back to me, and you have not answered the question.

Again during the latest storm and flood disaster that has hit our city, Cliveden Avenue and Pratten Street and numerous other streets around the ward, including at Yeerongpilly and Rocklea, went under water. No flood markers, as you have publicly stated, were in place. LORD MAYOR, why are you telling Brisbane residents that you have completed the flood markers around our city when they are not in place, in places like Corinda and Yeerongpilly, years after you said they have been done?

LORD MAYOR: Thanks very much, Madam Chairman, and to Councillor JOHNSTON. I think you would be referring to the January 2011 Flood Action Plan where it refers, I think, in recommendation 10.1, as part of the Council plan, to identify marker installation locations, design and document markers, manage the manufacture and installation of markers. In terms of the outcome of that report, in terms of ‘completed’, what are installed are water over road signage.

A determination was made not to place the level of the depth of water in relation to those points. Those signs are installed. I understand you have a question on notice which has been responded to, but those markers are there. That is the way they look. So, that is the outcome. That is the answer to Councillor JOHNSTON’s question. There is not much more that I can add to it other than that, but the sites relative to the report are done in that way.

Chairman: Further questions; Councillor McKENZIE.

Question 9

Councillor McKENZIE; Thanks, Madam Chairman; my question is to Councillor SCHRINNER, Chairman of the Infrastructure Committee. Can you please update the Chamber on portfolio initiatives that are creating strong levels of confidence in this Administration’s ability to manage our city?

DEPUTY MAYOR: Thank you, Councillor McKENZIE. Well, the immediate challenge is obviously continuing the recovery process and repair of infrastructure assets that have been damaged. The long term challenge for our city is very much the same as it was a few weeks ago, before this event happened, and that is infrastructure, and delivering the infrastructure that our growing city needs. We have not lost focus on that point.

The fact is that over the next 20 years our population as a local government area will grow by around 20 per cent. That is significant growth, growth that also means obviously increased demand for road use, increased demand for public transport, increased demand for active transport as well. The estimate is that over that period of growth, the traffic on our roads will grow by double the population growth almost. So we are expecting a 20 per cent growth in population, but a 38 per cent growth in traffic on our roads.


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So, the reality is, if we do not take action, we will see absolute gridlock in the future. Many Brisbane residents will comment on the traffic getting worse every year. The reality is congestion costs our city a lot, and that is why we have been getting on with the major infrastructure projects, not only in the inner city areas, the big road and tunnel projects, but also right across the city with the Road Action Program in different suburbs across Brisbane.

The estimated cost of congestion to our city will rise to $3 billion a year over the next decade unless we continue to take action. So that is a big challenge for our city and what we are well and truly focused on. While the Opposition can try and score petty points over proposals such as the QIC negotiations that are going on, if that turns out to be something this city pursues, as the LORD MAYOR has indicated, it will allow us to get on with the next round of major projects that our city needs. That, as I said, is something we are well and truly focused on.

As I say, the Opposition can try and score petty political points and talk about all types of reasons why things cannot be done, but we are focused on getting things done. If you look at the progress in recent years, the Go Between Bridge, completed. We promised we would build it; we built it. Clem7 tunnel, completed. Airport Link tunnel, which is a project that was originally started by this Council and then taken over by the State Government, completed.

The interesting thing is that, if you believe certain reports that you might have read in the media, you would think that all of these projects are abject failures. The reality is that these projects right now are assisting our city in reducing congestion. If you want to determine the benefit that these projects have had, then all you would have to do is close those roads down for a day or two and see what effect it had on the city. If the Go Between Bridge was closed, the Clem7 tunnel was closed, the Airport Link tunnel was closed, can you imagine the absolute chaos that would be seen around our city?

So, Madam Chairman, the point is that these projects are benefiting Brisbane and Brisbane motorists regardless of whether they are using them or not, because the people that pay the toll and go through the tunnel are taking the pressure off the surface roads. In Clem7, for example—

A Councillor interjecting.

Chairman: Order!

DEPUTY MAYOR: —we have seen reductions on surface roads of up to 30 per cent. So even the people that do not pay the toll and use the surface roads are benefiting from these projects. Unlike other cities, we are not funnelling. We are not using means to force people into these tunnels. We are giving people the choice, and that is an important point to make.

But as I said, we are well and truly focused on the next round of projects, the way that we can improve our infrastructure going forward. Kingsford Smith Drive is a major priority, one that we are keen to get on with, a key strategic transport route for our city, one that carries a lot of freight and one that has a lot of economic benefit to our city and economic importance. Wynnum Road, another example of a road corridor that needs attention. We would like to get on with it, but as we have shown, we want to maintain our strong credit rating, and we do things as we can afford to do them, in a responsible manner, and we will continue that approach going forward. So, if we have the funding available, we will get on with those projects.

Chairman: Thank you, Councillor SCHRINNER. That ends Question Time.

CONSIDERATION OF RECOMMENDATIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE:


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ESTABLISHMENT AND COORDINATION COMMITTEE (Report of 3 December 2012)

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 Establishment and Coordination Committee held on 3 December 2012, be adopted.


Councillor JOHNSTON; Point of order, Madam Chairman.

Chairman: Yes, Councillor JOHNSTON?

Declaration of real or perceived Conflict of Interest in Clause A – CONTRACTS AND TENDERING – REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR DECEMBER 2012- Councillor Nicole JOHNSTON

Councillor JOHNSTON: I just rise to place a matter of a perceived material personal interest on the record. I will state it and then say why I do not believe it applies. The report before us today includes a number of contracts which have come before Council, specifically with respect to a contract awarded to Siganto and Stacey. A member of the Siganto family relevant to this company was a donor to my campaign in the election last year. I do not believe this prevents me from participating in the debate today for a number of reasons. Firstly, I believe Siganto and Stacey have donated also to Forward Brisbane Leadership, which is the LNP’s fundraising vehicle—

Chairman: Councillor JOHNSTON, please—

Councillor JOHNSTON: So therefore, I don’t—

Chairman: —state the conflict in relation to yourself only.

Councillor JOHNSTON: Yes, Madam Chairman, and as I said, my understanding of the new rules is that we then, if my interest is no greater than anybody else’s, then I no longer have a conflict of interest. So, as others are under the same thing, I believe that it is not a material personal interest.

Also, we are noting these contracts; we are not deciding on them. So in that respect, I believe I will continue to participate in the debate.

Chairman: Councillor JOHNSTON, you answered your own question, which we have mentioned before. These are contracts that have already been approved by the managers, and it comes to this Chamber purely for noting. LORD MAYOR.

LORD MAYOR: Thanks very much, Madam Chairman. Prior to coming to the formal item, there has been obviously a considerable period between the last Council meeting and this one, and I do want to make some comments on a range of issues prior to coming to the formal report.

Firstly, I thought I should obviously thank the work men and women both within Council and within the private sector organisations that are working on this building. It is certainly great to be back in the home of city government, the people’s place, the only City Hall in Australia. It is great that we again resume our debate on the important matters of this city within our City Hall.

As to the issue of the event of the last week, I would like at this stage to give an update to the Chamber in relation to where we are. Seemingly we were just dealing with the January 2011 event, where again an update from that event, so far we have spent $183 million. We have received $145 million. At the completion of the full spend, which again is expected to be around $400 million, we expect the gap will be at $100 million.

In terms of this event, the estimated cost of the event of the last week – and again these are preliminary figures, but they are our best estimate at this time – is $60.5 million. Of that, Council expects to receive around $37 million in the


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NDRRA recovery arrangements. The gap of $23 million is either ineligible or unclear at this time. I say unclear, because there seems to be some debate going on in the media over the last several hours around arrangements.

I will give a breakdown if I may to the Chamber firstly in terms of the costs. Again, they are a first cut, and I do not want people to be coming back in a month and say, but you said it was this, because we are only a week into this event, and these are early estimates. It is $16.4 million around the road network, $13 million on parks. We are looking at approximately $10 million on structures, and that of course includes the significant damage to the sea walls in Shorncliffe and Sandgate. Stormwater infrastructure, we had around 62 kilometres of enclosed drainage network inundated. By comparison, in January 2011, it was 450 kilometres of stormwater drains. So the cost of that is $8.4 million.

The Brisbane City Council Disaster Operations and emergent work, $11.2 million, and that included other assets – ferry terminals and the like, where we had to undertake clean-up, inspections, some minor electrical repairs on a couple of the terminals, but then community facilities – the clubs and associations out there – the cost around those we estimate at around $845,000. So, in some of those clubs, there are things like leaking roofs and the like and other storm related damage that we need to work on.

So, Madam Chairman, I do want to draw to the attention of the Chamber also that there was a letter received by this Council just a couple of days ago, late last week I think, from the Queensland Reconstruction Authority. I will read the letter, because it does capture really some of the changes. It says, ‘Given the recent tropical cyclone Oswald and associated rainfall and flooding event, it is timely and imperative you are aware of the Commonwealth Government’s revised Natural Disaster Relief and Recovery Arrangements determination 2012. The Commonwealth has sought to provide greater clarification of natural disaster relief and recovery arrangements (NDRRA) requirements resulting in a number of key policy changes which are particularly relevant to local government authorities.

The Commonwealth’s determination, 2012, sets out terms and conditions for the provision of financial assistance by the Commonwealth Government to state and territory governments for the purposes of natural disaster relief and recovery. The soon to be released 2013 Queensland Disaster Relief and Recovery Guidelines will incorporate changes made by the Commonwealth, and will be amended to ensure alignment with Commonwealth requirements.

Changes have been made to the definition of an essential public asset which now becomes ‘is an integral and necessary part of the state’s infrastructure which is associated with health, education, transport, justice or welfare.’ As part of this, sporting, community facilities and parks and playgrounds are now excluded by the Australian Government. The Australian Government has added a clause to reflect that they reserve the right to refuse reimbursement if it does not agree that the asset being restored or replaced is an essential public asset.’

I note there has been a bit of argy bargy in the media earlier today around those matters. This letter is signed off by the Queensland Reconstruction Authority head, Mr Graham Newton. I will update the Chamber obviously if there are any changes to that, but those changes clearly now exclude those important issues of parks –

Councillor DICK: Point of order, Madam Chair.

Chairman: Yes, point of order Councillor DICK.

Councillor DICK: I am sorry to interrupt the LORD MAYOR. Would the LORD MAYOR be able to table that letter for all Councillors?

LORD MAYOR: Yes, absolutely. I might just get a copy, because this is the only copy I have got, but I am happy to table that for the advice for all Councillors.

Anyway, to capture all of that, $60.5 million is our expected cost to date. I will certainly advise the Chamber as we refine those estimates, either up or down. So,


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about $23 million at this stage looks like the bill that we will have as a Council out of the event.

Madam Chairman, we recently noted that someone who had served this Council for a long, long time as the Chief Legal Officer in this Council, Mr Paul O’Brien, passed away during the recess. Paul had served several Lord Mayors during his time. I remember running into Paul just about six months ago. He was always the ultimate gentleman, always a great smile on his face, a great contributor to the community on retirement, both in terms of athletics, through the RSL and other organisations. Others may wish to comment on that later, but I just want to acknowledge the great contribution to life that Paul O’Brien made, and indeed, through his advice to this Council in so many ways as the Chief Legal Officer for many years in the Brisbane City Council.

The graffiti offensive continues. We have, as a Council, set up in 2008 the Taskforce Against Graffiti. We have now seen more than 500,000 tags removed since that initiative began. There have been 430 offenders charged with 14,751 offences. It continues to remain a priority in terms of our city being a clean and presentable city for the people who live here, number one, but also those people visiting our city as we present ourselves to them.

The citizenship ceremony on Australia Day, in spite of the inclement weather, was the biggest in the country. There were 17,000 I think new citizens around Australia, about 5,000 in Queensland, and at a single ceremony at the Convention and Exhibition Centre, some 1,180 people became new citizens of Brisbane on that day. We welcome all of them into the Australian family.

Senior Christmas parties have been held again, the last year that they will be at the RNA. They will be back here next year, so you can all tell your senior citizens that come along to that that City Hall will be the place where they will be this year.

On 24 January, we celebrated the Australia Day Awards. I just want to acknowledge again, if I may, Mr Lance Mergard who was awarded the role of Citizen of the Year. He has been one of the leaders of the dedicated team ‘Nightwatch Chaplains’ working diligently in the CBD Fortitude Valley Caxton Street precincts. They do a lot of great work in difficult circumstances. Emeritus Professor Graeme Wilson was named Senior Citizen of the Year, and Emma Morrissey was named Young Citizen of the Year. The Community Event of the Year was awarded to the Crackerjack Carnival.

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

387/2012-13At that point, the LORD MAYOR was granted an extension of time on the motion of the DEPUTY MAYOR, seconded by Councillor Ryan MURPHY.

Chairman: Thank you, LORD MAYOR.

LORD MAYOR: Thanks very much, Madam Chairman, and thank you Chamber. Also during the recess, I had the pleasure of awarding the keys to the city to Brisbane Heat who defeated Perth in the T20 clash, and as premiers, consistent with what we have done for other first time premiership teams, we awarded those keys to the city to Brisbane Heat.

Last Friday night saw a great roll up at the Tet festival, the Vietnamese major event of the year, out in Richlands. It was great to see a former Councillor here in Les Bryant and also former minister become I think it was an honorary monk or something, was it not?

A Councillor interjecting.

LORD MAYOR: Elders; okay. It was a particular ceremony which seemed to involve an awful lot of kneeling. But nonetheless, it was good to see, and several Councillors attended that in Councillor DICK’s home territory.


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That same evening I attended an event put on by the Australian Chinese Chamber of Commerce, which was a fundraising event. They kindly contributed out of that night $38,000 for City Hall. It was attended by Councillor Angela OWEN-TAYLOR, Councillor MARX, Councillor HUANG of course, and there was a range of people there. The federal minister, Craig Emerson was in attendance, and other state members, including Mark Stewart, Freya Ostapovitch and so forth. But anyway, $9,000 also was raised for the state flood appeal out of the event, so that was a great effort.

The item before us, which is a single item, is to do with the contracts and tendering, a number of issues there. The New Farm Riverwalk replacement pier review service is listed there, a $104,000 contract to Kellogg Brown Root Pty Limited. This project alliance for the design and construction of Robinson Road open level crossing. That is an alliance between BMD Constructions and SMEC Alliance. Also, we have the traffic signal network services. We have a preferred supplier and alternative suppliers for the rehabilitation maintenance of traffic signal lanterns, and a panel for the upgrade of traffic controls and traffic lanterns.

There is the construction of the New Farm Park Coffee Hut. That has been awarded to Pro Build Australia Pty Limited. The Centenary Swimming Pool refurbishment is a $1.54 million contract that has gone to Trisley's Hydraulic Services Pty Limited. There are others there, but they are the ones that appear to stand out to me. Thank you.

Chairman: Further debate; Councillor DICK.

Councillor DICK: Thanks, Madam Chair; I rise to speak on item A. I note that these decisions were made on 3 December, and of course we had a Council meeting the next day. I am not sure why there was a time delay. We have had previous precedents set before where decisions made will of course be brought to Council the next day, and as you said, Madam Chair, this is about noting the decisions, so I am a bit surprised why the Administration would want to hold this off some couple of months after the actual decisions were made.

There is an item in here that I would like some further explanation from the LORD MAYOR or the relevant Chair. I note that we are seeing for the first time the drain from about $1 million for the contract for Oracle and for Novelle. I certainly have predicted that we will see a drain on an ongoing basis when we know that this system that the Council is intent on implementing has had severe failure at not only a state level but other local governments around Australia. I note that we are looking at around $1 million already.

As I predicted before, this is the first tranche of the drain coming in for ratepayers that are going to be slugged, and we know that there is hundreds of millions of dollars that are going to be tied up in a project that has serious question marks over it. I would certainly hope that we can get some further explanation regarding this expenditure. We will be talking a little later today, I think, about our IT services, so I certainly hope that the LORD MAYOR or the relevant Chair can provide some information about exactly what that money is being spent on, and to get value for money for ratepayers as they expect and demand.

Chairman: Further debate; Councillor JOHNSTON.

Councillor JOHNSTON: Yes, just briefly on item A, Madam Chairman. I will take a slightly different approach to Councillor DICK and just commend the E&C Committee for their extensive, thorough and lengthy work prior to Christmas on managing the items of business before our city. Item A here is a very complex item, and it must have been an onerous civic cabinet meeting which I know takes a lot out of the Civic Cabinet people here. They are paid in excess of some $30,000 a year extra, I think –

Chairman: Councillor JOHNSTON, do you have any comments on the report?

Councillor JOHNSTON: Yes, Madam Chairman, and as I just said, I am thanking them for their thorough and hard work, and I can see they have spent many long hours at Civic Cabinet on 3 December.


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Chairman: Further debate; LORD MAYOR.

LORD MAYOR: Madam Chair, I am just interested to see that Councillor JOHNSTON has not lost her sarcasm over the Christmas break.

Chairman: I will put the motion.

The Chairman restated the motion for the adoption of the report of the Establishment and Coordination Committee and upon being submitted to the Chamber, it was declared carried on the voices.

Thereupon, the LORD MAYOR and Councillor Matthew BOURKE immediately rose and called for a division, which resulted in the motion being declared carried.

The voting was as follows:

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, Shayne SUTTON, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON.

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 CONTRACTS AND TENDERING – REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR OCTOBER 2012109/695/586/2

388/2012-131. The Chief Executive Officer provides the information below.

2. The report of contracts accepted by delegates for October 2012, is submitted for the information of Council.

3. The purpose of this submission is to report to Council details of contracts accepted by delegates in accordance with Chapter 4 of the City of Brisbane (Finance, Plans and Reporting) Regulation 2010 pursuant to the City of Brisbane Act 2010.

4. Sections 238 and 239 of the City of Brisbane Act 2010 provide that Council may delegate some of its powers. Those powers include the power to enter into contracts under section 242 of the Act.

5. Council has previously delegated some powers to make, vary or discharge contracts for the procurement of goods, services or works. Council made these delegations to the Establishment and Coordination Committee, Chief Executive Officer and permanent heads of the units of administration.

6. The City of Brisbane (Finance, Plans and Reporting) Regulation 2010 (the Regulation) was made pursuant to the City of Brisbane Act. Section 181 in chapter 4 of the Regulation


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provides, among other things, that “The council must, as soon as practicable after entering into a contract under this chapter worth $100,000 or more, publish relevant details of the contract on the council’s website.” ‘Relevant details’ is defined in section 181 as including (a) the person with whom the Council has entered into the contract, (b) the worth of the contract, and (c) the purpose of the contract (for example, the particular goods or services to be supplied).

7. It is therefore recommended that Council note the report of contracts accepted by delegates for October 2012 (below).

Financial impact

8. Funding for the accepted contracts has been provided in divisional budgets.

9. The Chief Executive Officer therefore recommends as follows and the Committee agrees.

10. RECOMMENDATION:

THAT THE REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR OCTOBER 2012, AS DETAILED IN THE SCHEDULE SUBMITTED HEREUNDER, BE NOTED.

City of Brisbane Act 2010 – Chapter 4 - Contracts & TenderingDetails of Contracts Accepted by Delegates of Council for October 2012

Contract/Quote No. & Successful Contractor/s

Delegate Price Accepted

&/or Type of

Arrangement

Contract/Quote Purpose

Unsuccessful Tenderers & Quoters

Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

BRISBANE INFRASTRUCTURE

A80253-07/08-03.

Siganto + Stacey Pty Ltd - $162,760.Achieved Highest Value for Money Index {VFM} of 43.62.

EM City Projects Office.

$162,760.(estimated expenditure under maximum term of the contract).

Chiller Replacement at Mt Coot-tha Planetarium.

LG Fisher.Achieved Value for Money Index {VFM} of 35.39.

James L Williams.Achieved Value for Money Index {VFM} of 38.68.

$199,200.

$182,260.

Approved:23.10.12.Start:23.10.12.End:06.02.13.

A100026-09/10-RT-32.

Kellog Brown Root Pty Ltd - $104,809.Achieved Highest Value for Money Index {VFM} of 76.



New Farm Riverwalk Replacement – Peer Review Services.

Sinclair Knight Mertz.Achieved Value for Money Index {VFM} of 53.

GHDAchieved Value for Money Index {VFM} of 50.

$119,634.

$159,844.


CPOQ130006-12/13.

BMD Constructions and SMEC Alliance.Achieved Highest Ranking of 1 and Highest Final Evaluation Score of 725.1.*

*The proponents were requested to nominate their fee percentage and definition of reimbursable costs. The fee percentage and reimbursable costs were included in the non-price weighted evaluation criteria and reflected in the final Evaluation Score.

CEO. $5,320,000.(estimated expenditure under maximum term of the Alliance Agreement).

Project Alliance for the Design and Construction of the Robinson Rd Open Level Crossing Replacement Project (Stage 1 - Project Definition Phase).

Project Definition Phase includes (a) The Design and (b) a Total Out-turn Cost for the Project Execution Phase.

Shortlisted Tenderers

Seymour Whyte and Arup Alliance.Achieved Ranking of 2 and Final Evaluation Score of 661.3.*

Bielby Hull Joint Venture.Achieved Ranking of 3 and Final Evaluation Score of 563.6.*

Tenderers Not Shortlisted(Final Evaluation Scores not calculated for Tenders not short-listed)

Mcmahon, Parsons, Brinckerhoff, and Hassell Alliance.



- 28 -



&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

Achieved Ranking of 4.

Hyder & McConnell Dowell Alliance.Achieved Ranking of 5.

Abigroup & SKM Alliance.Achieved Ranking of 6.

AECOM & Leighton Alliance.Achieved Ranking of 7.

Flinders Group, CMC & Cardno Alliance.Achieved Ranking of 8.

Golding & GHD Alliance.Achieved Ranking of 9.

CPOQ130060-12/13.

Waterway Constructions Pty Ltd – $2,081,626.Achieved Highest Value for Money Index {VFM} of 4.49.

CEO. $2,081,626.(estimated expenditure under maximum term of the contract).

DDA/Disability Standards for Accessible Public Transport (DSAPT) Upgrade of Ferry Terminal Infrastructure.

Canstruct Pty Ltd.(Did not achieve acceptable non-price score. Value for Money Index {VFM} not calculated).

Pensar Pty Ltd(Not shortlisted). Value for Money Index {VFM} not calculated.

$1,177,296.

N/A.

Approved:23.10.12.Start:23.10.12.End:Expected completion in 20 weeks.

FSG130005-12/13.

Rehabilitation and Maintenance of Traffic Signal Lanterns:

Preferred Supplier:-

Cablepro Electrical Services Pty Ltd – $88,590.*Achieved Highest Value for Money Index {VFM} of 95.27.

Alternative Suppliers:-

Scott Radford Electrical Services Pty Ltd – $151,000.*Achieved Value for Money Index {VFM} of 45.17.

Taipan Solutions Pty Ltd – $195,898.*Achieved Value for Money Index {VFM} of 34.30.

Upgrade of Traffic Controllers and Traffic Lanterns:

Panel Members:-

Allied Traffic Services – $238,011.**Achieved Highest Value for Money Index {VFM} of 36.05.

CV Energy Services Pty Ltd – $239,320.**Achieved Value for Money Index {VFM} of 32.34.

Sovereign Energy Pty Ltd – $249,499.**Achieved Value for Money Index {VFM} of 30.54.

*Price is tendered unit prices multiplied by

CEO. $5,000,000.(estimated expenditure under maximum term of the Panel Arrangement).

Traffic Signal Network Services.

Rehabilitation and Maintenance of Traffic Signal Lanterns:

Allied Traffic Services.Achieved Value for Money Index {VFM} of 23.35.

Sovereign Energy Pty Ltd.Achieved Value for Money Index {VFM} of 19.03.

CV Energy Pty Ltd.Achieved Value for Money Index {VFM} of 14.42.

Trafflec.Achieved Value for Money Index {VFM} of 10.15.

Upgrade of Traffic Controllers and Traffic Lanterns:

Trafflec.Achieved Value for Money Index {VFM} of 26.22.

PRN Electrical Services.Achieved Value for Money Index {VFM} of 18.85.

$367,500.*

$400,500.*

$536,582.*

$671,648.*

$260,125.**

$201,539.**

Approved:23.10.12.Start:24.10.12.End:(Initial term) 23.10.13Max. Term:(5) years.


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&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

representative numbers of bulb and transformer replacements for 2012/2013 financial year.

**Price is tendered unit prices applied across 2 packages of work, one with 4 controller upgrades and the other with 4 lantern upgrades.

FSGQ130017-12/13.

Twin View Turf Pty Ltd - $191,200.Achieved Highest Value for Money Index {VFM} of 37.13.

EM Field Services Group.

$191,200(estimated expenditure under maximum term of the contract).

Supply, Delivery and Spreading of Topsoil, John Goss Reserve, Chermside West.

Southern Pacific Turf Pty Ltd.Achieved Value for Money Index {VFM} of 13.31.

Centenary Landscape Supplies.Achieved Value for Money Index {VFM} of 10.96.

Tinamba Turf Co. Pty Ltd.(non-conformimg). Value for Money Index {VFM} not calculated.

$225,390.

$164,181.

N/A.


FSGQ130029-12/13.

HMS Civil Pty Ltd - $112,351.



Rehabilitation of Expansion Joints William Jolly Bridge.

N/A.

HMS Civil Pty Ltd were the only Tenderers to submit a price.

N/A. Approved:12.09.12.Start:24.09.12.End:Expected completion in 4 weeks.

RPQ017-10-21.

Probuild Australia Pty Ltd - $145,360.Achieved Highest Value for Money Index {VFM} of 63.70.



Construction of New Farm Park Coffee Hut.

Box & Co.Achieved Value for Money Index {VFM} of 40.62.

Hawley Constructions.Achieved Value for Money Index {VFM} of 35.14.

MaiconAchieved Value for Money Index {VFM} of 32.67.

$194,473.

$212,035.

$249,473.


V110154-10/11-03 & CPO120016-10/11-02.

V110154-10/11-03.(Pool Water Treatment Plant Replacement and Maintenance Services)Trisley’s Hydraulic Services Pty Ltd - $1,544,050.Achieved Highest Value for Money Index {VFM} of 5.83.

CPO120016-11/12-02.(Pool Shell Finishes)Crystal Pools Pty Ltd - $1,821,479.Achieved Highest Value for Money Index {VFM} of 4.72.

CEO. $3,375,529(Consisting of $1,544,050 - Trisley’s Hydraulic Services, and $1,821,479 -Crystal Pools)(estimated expenditure under maximum term of the contract).

Centenary Swimming Pool Refurbishments. V110154-10/11-03

(Pool Water Treatment Plant Replacement and Maintenance Services)

Aquatic Projects Pty Ltd.Achieved Value for Money Index {VFM} of 5.19.

Swimplex Aquatics Pty Ltd.Achieved Value for Money Index {VFM} of 4.55.

Aquapure Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 2.00

CPO120016-11/12-02(Pool Shell Finishes)

Swimplex Aquatics Pty Ltd.Achieved Value for Money Index {VFM} of 3.30.

Ozcrete Pools Pty Ltd.Achieved Value for Money Index

$1,600,001.

$1,726,819.

$2,103,000.

$2,467,067.

$2,528,112.

Approved:23.10.12.Start:23.10.12End:30.06.13.


- 30 -



&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

{VFM} of 1.42.

V110211-10/11-30.

Moggill Constructions Pty Ltd - $345,657.Achieved Highest Value for Money Index {VFM} of 22.42.

CPO. $345,657(estimated expenditure under maximum term of the contract).

Ferny Grove Picnic Area & Ryland Street Flood Recovery.

Canstruct Pty Ltd.Achieved Value for Money Index {VFM} of 17.04.

Brittwood Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 14.03.

Doval Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 14.57.

Pensar Civil Pty Ltd.Achieved Value for Money Index {VFM} of 13.94.

$448,119.

$525,676.

$535,172.

$579,434.

Approved:4.10.12.Start:04.10.12.End:Expected completion in 8 weeks.

BRISBANE LIFESTYLE

Nil.

BRISBANE TRANSPORT

BT130090-12/13.

Advanced Composite Structures Australia Pty Ltd (ACS) – $122,060.


Forensic Services Relating to a Ruptured Carbon Fibre CNG Cylinder (Work Package 3).

N/A.

Sole Source in accordance with Section 2.4 (Sole or Select Tendering) of the Contract Manual pursuant to the City of Brisbane Act 2010.

ACS are experts in the field of composites and their rates are competitive when compared with other providers in this field.

N/A. Approved25.10.12Start:25.10.12.Max. Term(6) months.

CITY PLANNING & SUSTAINABILITY

Nil.

DISASTER RESPONSE & RECOVERY

Nil.

OFFICE OF THE LORD MAYOR AND CEO

Nil.

ORGANISATIONAL SERVICES

OS120149-11/12

Category A (Wheeled Skid Steer)**

Toyota Material Handling Australia Pty Ltd: Tendered Model 4SDK4 - $35,506.*Achieved highest Value for Money Index {VFM} of 254.

CPO. $1,340,000(estimated expenditure under maximum term of the Panel Arrangement).

Supply and Delivery of Skid Steer Loaders.

Category A (Wheeled Skid Steer)**

Clark Equipment Sales Pty Ltd:Tendered Model S70.Achieved Value for Money Index {VFM} of 134.

Don Warriners’s Earthquip Pty Ltd: Tendered Model 1640E.Achieved Value for Money Index {VFM} of 140.

$51,434.*

$52,300.*


Category B (Wheeled Skid Steer)**

Toyota Material Handling Australia Pty Ltd: Tendered Model 5SDK5 - $43,927.*Achieved highest Value for Money Index {VFM} of 207.

Category B (Wheeled Skid Steer)**

Don Warriners’s Earthquip Pty Ltd:Tendered Model 3640E.

$55,690.*


- 31 -



&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

Achieved Value for Money Index {VFM} of 120.

Category C (Wheeled Skid Steer)**

Toyota Material Handling Australia Pty Ltd: Tendered Model 5SDK8 - $55,690.*Achieved highest Value for Money Index {VFM} of 162.Tendered Model 5SDK9 - $61,937.*Achieved Value for Money Index {VFM} of 145.Tendered Model 5SDK10 - $65,297.*Achieved Value for Money Index {VFM} of 138.

Category C (Wheeled Skid Steer)**

CA Construction Equipment:Tendered Model L215.Achieved Value for Money Index {VFM} of 107.Tendered Model L218(110 01).Achieved Value for Money Index {VFM} of 99.Tendered Model L218(610 01)Achieved Value for Money Index {VFM} of 92.

$62,056.*

$67,050.*

$72,250.*

Don Warriners’s Earthquip Pty Ltd:Tendered Model 4240E.Achieved Value for Money Index {VFM} of 113.

Hastings Deering (Australia) Limited:Tendered Model 216 B3.Achieved Value for Money Index {VFM} of 104.

$67,187.*

$84,669.*

Category D (Wheeled Skid Steer)**

Toyota Material Handling Australia Pty Ltd: Tendered Model 5SKD11 - $67,397.*Achieved highest Value for Money Index {VFM} of 134.

Category D (Wheeled Skid Steer)**

CA Construction Equipment:Tendered Model L220.Achieved Value for Money Index {VFM} of 92.

Don Warriners’s Earthquip Pty Ltd:Tendered Model 5240E.Achieved Value for Money Index {VFM} of 88.

Hitachi Construction Machinery (Aust) Pty Ltd:Tendered Model 318DAchieved Value for Money Index {VFM} of 94.Tendered Model 320DAchieved Value for Money Index {VFM} of 84.


$72,297.*

$85,973.*

$87,174.*

$97,953.*

$109,432.*

Category E (Wheeled Skid Steer)**

Hitachi Construction Machinery (Aust) Pty Ltd:Tendered Model 326D - $106,913.*Achieved highest Value for Money Index {VFM} of 77.

Category E (Wheeled Skid Steer)**

CA Construction Equipment:Tendered Model L225.Achieved Value for Money Index {VFM} of 75.

$88,886.*

$94,335.*


- 32 -



&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

Tendered Model L230 (260 01).Achieved Value for Money Index {VFM} of 70.Tendered Model L230 (750 01).Achieved Value for Money Index {VFM} of 67.


Don Warriners’s Earthquip Pty Ltd:Tendered Model 5640E.Achieved Value for Money Index {VFM} of 76.(Not shortlisted - declined to attend demonstration).

$99,542.*

$120,078.*

$99,911.*

Category G (Track Skid Steer)**


Category G (Track Skid Steer)**


$129,425.*

Category H (Track Skid Steer)**


*Price is the Whole of Life (WOL) costs of each skid steer including tendered price, fuel, maintenance and estimated resale. Machines are retained for 7 years before disposal.

**The different categories are defined by engine power and Nominal Rated Operating Load with Category A being the smallest of the Skid Steers with rubber wheels and Category G being the smaller of the rubber track Skid Steer.

No recommendation was made for Category F as no tenders were submitted that met the engine power and Nominal Rated Operating Load definitions for this category.

Category H (Track Skid Steer)**

Hitachi Construction Machinery (Aust) Pty Ltd:Tendered Model 323D.Achieved Value for Money Index {VFM} of 67.

CA Construction Equipment:Tendered Model C232.Achieved Value for Money Index {VFM} of 71.Tendered Model C238.Achieved Value for Money Index {VFM} of 64.Tendered Model C227.Achieved Value for Money Index {VFM} of 58.

Don Warriners’s Earthquip Pty Ltd:Tendered Model TL230.Achieved Value for Money Index {VFM} of 70.


$123,641.*

$92,720.*

$103,183.*

$114,959.*

$108,229.*

$128,223.*

OSQ130084-12/13

Novell Pty Ltd.

CPO. $800,000(estimated expenditure under maximum

Provision of SUSE Linux Enter Server (SLES) for SAP Support, and maintenance for BaSE

N/A.

Select Source as marketplace is restricted by statement of licence in accordance with Section 2.4

N/A. Approved:30.10.12.Start:01.12.12.


- 33 -



&/or Type of

Arrangement



Prices Tendered or

Type of Arrangement

Approval

Start & End

Dates

term of the contract).

Program. (Sole or Select Tendering) of the Contract Manual pursuant to the City of Brisbane Act 2010.

Novell own SUSE and have offered Council Government Contract pricing under a Volume Licencing Agreement (VLA) without the need for Council to buy support and maintain all its perpetual Novell licenses. The market is restricted as all other resellers would need to go to Novell for pricing of support and therefore would not be competitive.

End: 30.11.15.

SPOQ130063-12/13

Toro Australia Pty Ltd - $142,927.Achieved highest Value for Money Index {VFM} of 8.77.


Supply and Delivery of Two Wide Area Mowers for Brisbane City Golf Courses.

KC Farm EquipmentAchieved Value for Money Index {VFM} of 4.47.

Chesterfield Australia Pty LtdAchieved Value for Money Index {VFM} of 5.49.

$161,319.

$179,329.

Approved:25.10.12.Start:06.11.12.End:Upon delivery.

Contract No: N/A

Oracle Corporation Australia Pty Ltd.


Specialist Exadata Provisioning and Configuration Services.

N/A.

Sole Source in accordance with Section 2.4 (Sole or Select Tendering) of the Contract Manual pursuant to the City of Brisbane Act 2010.

Oracle are the Original Equipment Manufacturers of this product and have specialised knowledge and understanding of the Exadata platform as well as other Oracle tools and technologies currently deployed in Council.

N/A. Approved:09.10.12.Start:20.10.12.End:19.10.13.

ADOPTED

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL:

ESTABLISHMENT AND COORDINATION COMMITTEE (Information report)

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 setting out the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13, on matters usually considered by that Committee, be noted.

Chairman: Is there any debate? LORD MAYOR.

LORD MAYOR: Thanks very much, Madam Chairman. Just to run through these items briefly if I may, item A is the settlement of compensation claim for the Milton Tennis Courts land resumption. That is KS5 Pty Limited. Back in March 2011, KS5 Pty Limited lodged a total claim for compensation of $27.4 million, being the value


- 34 -

of the land resumed, and that excluded GST, $2.7 million for disturbance costs excluding GST, and the total estimate of $30 million.

The court ordered mediation occurred on Monday 26 November. The result of that mediation was that KS5 Pty Limited put an all-up offer on the table of $23.5 million. The sum is inclusive of disturbance costs, interest and professional and legal costs that were otherwise claimable by KS5 Pty Limited. On 4 April 2011 Councillors would recall that an advance was paid in relation to this, pending court proceedings. That advance was in the order of $22 million. So this now leaves a balance payment of $1.5 million.

Item B is for presentation and noting of the corporate plan 2008-2012. This plan of course updates Council around the progress on a number of items for the period up to the end of June 2012. That is there for the noting and comment from Councillors. The third item is the settlement of a claim for compensation for resumption at 120 Lemke Road, Taigum. This is with Module 2 Pty Limited. Module submitted a claim for compensation on 30 August 2006 with respect to a land value in the sum of $14 million plus loss of income and legal costs. On 10 June 2008, Council paid Module an advance against compensation, and that was to the sum of $2,219,917.81 including interest of $219,917.81.

After a period of unsuccessful negotiations, the matter went to the Land Court on 23 April. The matter was listed for trial in the Land Court for eight days commencing 10 December 2012. Without prejudice negotiations have ensued, and subsequently the parties resulted in an acceptable offer being made by Module to settle for an all up basis in the sum of $5,819,917.00 inclusive of the advance already paid. Therefore, the balance payment due is $3.6 million. Thank you, Madam Chairman.

Chairman: Further debate; Councillor DICK.

Councillor DICK: Thank you, Madam Chair, and I rise to speak on all three items of this report because this is, of course, only an information report because the decisions have already been made.

Seriatim - Clause BCouncillor Milton DICK requested that Clause B, PRESENTATION AND NOTING OF THE CORPORATE PLAN 2008-12: 2011 UPDATE PROGRESS REPORT FOR THE PERIOD ENDED 30 JUNE 2012, be taken seriatim for voting purposes.

Chairman: Yes, that is fine.

Councillor DICK: Thank you, Madam Chair. I will touch on item C very briefly, and Councillor Victoria NEWTON will be speaking on this item. We are dealing with a settlement of claim for compensation, and I know this has been a pretty long road and a long journey to resume that land. I know there have been, to be fair to say, some negotiations and comments, a difficult for that resumption.

Item A is the settlement of compensation claim for Milton Tennis Courts. I note reading through the report that we basically stumped up around I think $22 million when this first came into the arena. I guess we on this side of the Chamber, the Labor Councillors, do not have objections to parkland being created. Of course, we will always support more open space in appropriate locations. But reading through this, I certainly hope that in future, when there are other opportunities, when there are other areas of significant value, we will be looking at the same approach.

I think all of us in our own wards, as our communities continue to grow, and as our population continues to increase, having quality and open space and parkland is essential for good quality development. I note that there is an enormous amount of money being paid for this park. It is prime land. It is worth a lot of money, and I certainly hope in the future we will take the same approach when dealing with similar situations.


- 35 -

Moving on to the corporate plan, the LORD MAYOR just briefly touched on this. As the annual report says, this is the corporate scorecard or, I guess, the report card on how the Council is performing. I thought it probably needed a little more attention than, well, there it is for you to have a look at. When you drill down into some of the key performance indicators, what this report shows and this update, scurried away in item B, just hidden away in there, shows that we have gone backwards in a whole range of areas.

I will not have time to go through each and every one of them, but I will ask the Chairs to get up and explain why, under their watch, we have gone backwards under some pretty impressive and important projects. I know when the scorecard came to Council previously, I highlighted a whole range of issues. When we are looking at social inclusion, we hear a lot from this Council about an active and inclusive community. What does the scorecard say about how we are performing, how we are travelling? Well, we have gone backwards. We have gone backwards now to the lowest rating. We have gone backwards now, which this report card shows, that we simply are not delivering.

In fact, we are now at work has stopped or progress is insufficient to achieve the objective. So, what was the objective? To maintain a 60 per cent community satisfaction rate for Council’s performance in assisting disadvantaged community members. So this report shows that we have gone backwards, not forwards, not even the same, not even holding our own, but we have gone backwards. So I would like the relevant Chair to explain why, under this Council’s own performance indicators, that we are going backwards, and why we are allowing some of the most vulnerable and disadvantaged in the community, why we have taken the eye off the ball for some of those people.

Similarly, in 6.1, attractive and shady city. By 2012, 50 per cent of playgrounds, pathways and car parks will be shaded by trees. So what does the report say? Well, we have gone backwards on that as well. Work has stopped or progress is insufficient to achieve the objective. So we are not going to be meeting that objective whatsoever. You do not hear any of this in the big newsletters that we get with the LORD MAYOR’s photo all over it. We do not get this on all of the e-Newsletters that we get the wrong call centre phone number in last week. I mean, can you believe that? It is like saying –


Councillor DICK: Yes, recall, recall. Also, when we are looking at maintain a high level of citizen security. Maintain a high level of actual safety in the community. Well, it says the data not available, but when the report came back last time, it says we were on track. So, data for the 2011 yet to be published by the Queensland Police Service at time of printing. So which one was it? Were we wrong then or are we wrong now? So, there is a lot of inconsistencies in this report as well.

At 8.3, a city of many skills. This really caught my eye, where it says, ‘Brisbane will remain an affordable city by international standards.’ Everyone knows that, under this Council, and particularly now under the State LNP Government, it is getting harder and harder to make ends meet. So, what have we done now? We have hit rock bottom. Action required. Work has stopped or progress is insufficient to achieve the objective. So, particularly now, we are seeing spiralling unemployment under this State Government, with cost of living pressures going through the roof, with rates and charges going through the roof under this Council, what are we doing? We have given up on giving any relief for cost of living.

So, there is a whole, whole range on just about every single page. Council easy to do business with. Customers will be encouraged to use self-help options such as online services. The program will promote the corporate website. More work required. So once again we are seeing little service delivery, and I note that under this Council, we are asking residents to pay more but providing less and less services.

Particularly on 10.10 – and this is a big one – information and communications technology enable. So, what we have said is we are spending hundreds of


- 36 -

millions of dollars on a new IT system that is going to fix everything. What does our report say? Well, council’s business performance will be supported and improved through ICT. We were on track; now we have gone backwards again. More work required.

By 2012, increase organisational satisfaction with ICT service delivery. We were monitoring closely; now we have gone backwards again, more work required. Realised benefits on ICT initiatives: it was more work required, and now we have gone backwards with that as well, despite spending millions of dollars already. So, Madam Chair, I really do hope that the Chairs will get up and actually defend a scorecard which is showing that service delivery is going backwards, and from our own hand and our own written report, shows that we are going backwards in a number of key indicators that are not delivering for the ratepayers of this city.

ADJOURNMENT:389/2012-13

At that time, 4.02pm, it was resolved on the motion of Councillor 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 have been locked.

Council stood adjourned at 4.08pm.

UPON RESUMPTION:

Chairman: Further debate on the E&C report for decisions. Councillor SIMMONDS.

Councillor SIMMONDS: Thanks, Madam Chairman. Madam Chairman, I just wanted to speak briefly to the updated progress report, item B on the report. Look, the LORD MAYOR did, in fact, it was there for noting. I guess I'm sure his intention was not to skip over it, but probably to reflect its importance, given that we have debated this exact progress report, exact progress report back on 20 November 2012, when it went through as part of the annual plan. In fact, it's only because of the City of Brisbane regulations, Madam Chairman, which have now been altered, that it has to come back here for a second time for this Council to note again.

So, Madam Chairman, rather than the Leader of the Opposition using his Christmas break and New Year to come up with some new material, he has avoided any strenuous work or exercise and has simply dusted off virtually the exact speech that he used back on 20 November 2012.

So I will say the same thing that I said to him then and that is that, of the 121 objectives, Madam Chairman, in the progress report, 100 or 82 per cent are either delivered or on-track. There are only two objectives in there, Madam Chairman, being that there is action required or 1.65 per cent of the total actions required.

So this is a warts-and-all report, we are an accountable and open administration, Madam Chairman. We want to track our progress. We want people to be able to track our progress. But to have 82 per cent of the objectives that we're trying to meet either delivered or on-track is a pretty good record that we're happy to be judged by, Madam Chairman.

Councillor DICK raised a couple of issues in particular regarding access and inclusion. Well, across the forewords, Madam Chairman, there is $88 million to upgrade accessibility on our public transport. This includes our ferry terminals, our ferries and of course the six and a half thousand bus-stops around the city, Madam Chairman.

Eighty-eight million, it is the largest public transport disability-related upgrade this city has ever seen, Madam Chairman, and it is being undertaken by this administration. That's not to mention the $6 million in the budget for this financial year alone to implement the Access and Inclusion Report, again an initiative of this administration, Madam Chairman. I think the Leader of the


- 37 -

Opposition would be hard-pressed to maintain an argument, Madam Chairman that this administration is failing in that regard.

Madam Chairman, he also mentioned making this city easy to do business with. Well this is something that we are very focused on. We know that we have launched the 133BNE business hotline within our call centre and it is proving to be a raging success. We have held two LORD MAYOR's business forums already in Jindalee and Morningside and more are planned. We had 153 attendees over those forums, the first time that we've done it, another initiative in this financial year of this administration.

We're releasing regular economic snapshots for the Brisbane business community, as well as having our census data and economic modelling available on our corporate website in a very tailored way so that you can look by area and ward. This is a potentially very powerful tool for local businesses who want to see the demographics of the area in which they operate.

We've also, through the 133BNE hotline, where we've identified pain points for the business community, we have acted on those. In this financial year alone, we have seen new electronic forms for online lodgement and payment of these forms for food licences and we have identified them and put them on the website already. We have got a great take-up of those, as well as putting on a dedicated business portal live on our corporate website.

We've also got the Leader of the Opposition also spoke briefly about IT, Madam Chairman. He spoke about it earlier as well in relation to the BaSE project. Well I don't think it would come as any surprise, Madam Chairman, in this report, that we have labelled IT ‘monitoring closely’. Is there anyone in this Chamber who doesn't think we should monitor IT closely? It is one of those things where you are constantly making sure that you are getting the best value for money, Madam Chairman, and the best services.

Look, the Leader of the Opposition mocks the BaSE program, Madam Chairman. He mocks it. I'm not surprised, given that it was in the budget for three years before he even figured out it was there. But it is vital. It is vital to take us in to the next century, Madam Chairman, in terms of IT work. It is combining some 63 systems into one in critical areas for this Council, such as HR and payroll and the procurement also. It will be vital in terms of reducing the cost to ratepayers and making sure that our systems are operating effectively.

These IT systems have a shelf life and that is the bottom-line. They have a shelf life. Previous administrations have previously taken on systems which are not vanilla systems; they've modified significantly and can no longer be supported because of those modifications. If something isn't done, if somebody doesn't take the decision to do something and it comes at a cost, like this administration has, then they will fail. We cannot afford, in a city the size of Brisbane, and with a Council operation the size of ours, to have vital systems in HR, payroll and recruitment to fail.

That is why we have taken the decision. We've been looking at it over the last three years, which is why it's been in the budget, if they cared to contribute at all, which they did not. So it's very hypocritical to come along at this stage, Madam Chairman, and deride us for watching the area of IT closely, when that is exactly what we should be doing to make sure that we keep at the forefront of this matter. Thank you.

Chairman: Further debate. Councillor NEWTON.

Councillor NEWTON: Thanks very much, Chair. I rise to speak on item C of this report, which is the settlement claim for compensation for resumption of land at Lemke Road at Taigum, which is part of a report for information purposes today, not for actual decision. Madam Chair, I rise to speak in support of the finalisation of this resumption.

May I say, Madam Chair, I know that it's been a long and rocky road when it comes to this particular parcel of land and the resumption process, Madam Chair. In fact, while the report mentions a timeframe going back a number of


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years, it perhaps goes back nearly 10 years, Madam Chair, when this whole process started, when the Hawks AFL Club were getting into trouble.

They were tenants of the privately-owned sporting land at that site and were finding it difficult to meet the rental requests from the owners, Module 2, who was wishing to charge that particular sporting club about $220,000 a year in rent, which is quite high by anyone's standards.

At that time, I held meetings. I believe, from memory, it was about 23 December 2003, where I initially met with the management of that club, who at that time were weighing up a number of different options, whether they would seek Council's support to resume that land as a significant parcel of sports and recreation land on our northern suburbs or whether they would indeed go down on a partnership plan with a private owner and partnership with a major senior sporting club.

So, after some negotiations, Madam Chair, the idea of venturing with a larger senior sporting club fell through. Then we found ourselves in a situation where, in order to save the AFL club and save sporting opportunities to families on the north-side, both in Deagon Ward and in Bracken Ridge Ward as well, that this parcel of land became significant.

So I note that Council did embark on a resumption process, which has taken quite a number of years to finalise. I note today we're making that final note in the process to resolve that resumption process, Madam Chair. So I know that the—despite the rocky road probably from Council's point of view, I'm pleased to just advise the Chamber that the Hawks Club have been dealing with a number of challenges since resuming on that site. But they are powering through. I'm really pleased to see it.

So, Madam Chair, I'm pleased to—I welcome the end of this lengthy saga in dealing with the land at 120 Lemke Road. I know that there's strong and has been strong bipartisan support for the Council to take on ownership of this land and it's pleasing to see it take its final steps today.

Chairman: Further debate. Councillor JOHNSTON.

Councillor JOHNSTON: Yes, Madam Chairman. Just with respect to item B, the corporate plan. Madam Chairman, I noted in the E&C report before us today that the report states that the progress report relating to the corporate plan has been submitted on file. So it wasn't provided to us as part of the Council papers for this meeting. Madam Chairman, it's not available in the Council Chamber here today either, because I've checked. So, Madam Chairman, I haven't actually seen the report.

Now, normally when we have matters that are for information purposes only, when I've gone up to level 23 of Brisbane Square to check, we're told that those matters pertaining to E&C decisions made out of session of Council meetings, the papers and any files are not available for us for inspection. That's been the standard approach that I've been told repeatedly when I've asked for papers of this kind.

So, Madam Chairman, on the face of it, we're being asked to note the presentation of the report, which is on a file that we can't access and which we can't see. Madam Chairman, I suggest the LORD MAYOR needs to rethink this strategy. If we are being asked to note the outcomes of a report and they're not outlined in this—there are one, two, three, four, five dot-points relating to this item, none of which outline an actual summary of the report itself or what's in that report. These are just functional statements about, you know, E&C's considered it and we must endorse it.

But, Madam Chairman, if the LORD MAYOR is serious about this Council being open, transparent and accountable, he will publish documents like this, not take them through E&C out of session so they're not available to councillors for their inspection, Madam Chairman. If Council policy has changed with respect to the access of these reports, I would be very pleased to be updated on that. I was very surprised to see Councillor DICK had got a copy and I say, good on him. I'm not sure how that's actually happened. But—


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Councillor interjecting.

Councillor JOHNSTON: Yeah. But I must say, whenever I've asked for these things, we haven't been able to have access to them. That report's certainly not here in the Chamber today, Madam Chairman.

So what I would say to the LORD MAYOR is I appreciate that you've submitted this update on file. But when the report itself does not outline the summary of that and is not available to councillors to inspect prior to the meeting, then I'd certainly ask that you make it available to us through our Council papers.

Chairman: Councillor JOHNSTON, I'm advised by the clerks that the file was available and that Councillor DICK actually went up and perused it yesterday. So the file is available.

Councillor JOHNSTON: Okay. Well a point of order, Madam Chairman.

Chairman: No, no point of order. I am passing on information from the clerks and I'm not going to debate it. Resume your seat. Further debate.

Councillor JOHNSTON: Point of order, Madam Chairman.

Chairman: Yes, Councillor JOHNSTON.

Councillor JOHNSTON: Madam Chairman, I draw to your attention those files are not here in the Chamber today.

Chairman: Councillor JOHNSTON, you were saying that the files were not available to be seen. The files were available for your perusal prior to the meeting.

Councillor JOHNSTON: Well, Madam Chairman, then I—

Chairman: I’m not arguing. Resume your seat.

Councillor JOHNSTON: Madam Chairman, they should be here in the Chamber.

Chairman: Further debate. Resume your seat.

Councillor JOHNSTON: Can you please say why they're not here in the Chamber?

Warning – Councillor Nicole JOHNSTONThe Chairman then formally warned Councillor JOHNSTON that unless she desisted from disobeying the Chairman’s instruction she would be suspended from the service of the Council for a period of up to eight days. Furthermore, Councillor JOHNSTON was warned that, if she were suspended from the service of the Council, she would be excluded from the Council Chamber, ante-Chamber, public gallery and other meeting places for the period of suspension.

Chairman: Further debate. Councillor MATIC.

Councillor MATIC: Madam Chairman, thank you. Just in respect of item A, I just wanted to briefly speak to the item and, you know, outline to the Chamber that this has been a long time coming, Madam Chairman. What we have before us is really the completion of something that this administration, this side of the Chamber, Madam Chairman, is passionately committed to.

What we see, Madam Chairman, is a great outcome for all of the residents in the Paddington Milton area, who have fought so strongly, Madam Chairman, in the past to try to undo the challenges that they faced from the previous planning approvals that were in place under previous ALP administrations, Madam Chairman, who were prepared to stand there and watch land that was zoned sport and recreation, Madam Chairman, go to development and ignore, Madam Chairman, in the process, those concerns of all the surrounding residents.

There have been, over time, Madam Chairman, a number of issues raised by residents about this issue. But, Madam Chairman, what we see today is a conclusion, a happy conclusion to a long and painful issue for a lot of residents in the western suburbs. What we will see is the completion of a park that is a proper reflection of what residents want out there.

I'd like to thank previous Lord Mayor, Campbell Newman, and our


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LORD MAYOR Graham QUIRK for their leadership, Madam Chairman, and their vision in making sure that this is a reflection of what the community really wants.

Chairman: Further debate. LORD MAYOR.

LORD MAYOR: Thank you very much, Madam Chairman. Madam Chairman, I guess the debate has primarily been around item B. Madam Chairman, the corporate plan and the report card thereupon is one which does allow the administration to keep a check in a very public way as to how it's progressing.

As Councillor SIMMONDS correctly pointed out, 82 per cent of those listed items have either been delivered or are on-track. Now no government, no administration is perfect. There is always room for improvement. This report card allows us to focus on those things that we need to focus on, in other words where we do need to improve.

It does provide a very clear and a very public way in which we can demonstrate what we need to do to improve the city as a whole, to match against the desired outcomes for our city. We take it seriously. As a cabinet, we will continue to work to make sure that we improve the outcomes herein. But it is warts and all. It is a bare-all type of report.

Madam Chairman, in relation to the issue of secrecy, I might just say that they're all published in the Annual Report, to which every councillor has a copy. Councillor DICK, thank you for looking at the file on Friday. But they're all in the Annual Report. What we have here today is a repeat, as Councillor SIMMONDS said earlier, and it's a requirement because of legislative changes that it has come back here today. But it's already been here. The debate's already been had. That's why really today is a repeat of the past.

But, Madam Chairman, in terms of it, they're all listed there. That's why I say this is a very public thing. This is published in our Annual Report. It's a bare-all to the people of this city in terms of how we're progressing on each of those line items. Madam Chairman, I think I'm happy to move the report.

Chairman: I will put the motion for items A and C.

Clause A and C putUpon being submitted to the meeting the motion for the adoption of Clauses A and C of the report of the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13 was declared carried on the voices.

Chairman: I will put the motion for item B.

Clause B putUpon being submitted to the meeting the motion for the adoption of Clause B of the report of the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13 was declared carried on the voices.

Thereupon, Councillors Helen ABRAHAMS and the LORD MAYOR 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.


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

ABSTENTIONS: 1 - Nicole JOHNSTON


A SETTLEMENT OF COMPENSATION CLAIM FOR MILTON TENNIS COURTS LAND RESUMPTION - KS5 PTY LTD 112/20/439/221

390/2012-131. The Divisional Manager, City Planning and Sustainability Division, provided the information

below.

2. On 20 October 2010, Council issued Notices of Intention to Resume the Milton Tennis Court Site for Park and Recreation Ground purposes. The site is specified in Schedule A to this submission (below).

3. The freehold of the Milton Tennis Court site was owned by KS5 Pty Ltd, a company associated with Kevin Seymour. KS5 Pty Ltd advised that it had no intention to challenge the resumption process and was happy to work with Council to expedite that process. No objections were received from any other party entitled to claim compensation.

4. The land was taken on 4 March 2011 by a Taking of Land Notice published in the Queensland Government Gazette. KS5 Pty Ltd lodged a total claim for compensation for:

(a) $27,400,000 (excluding GST) for the value of the land resumed(b) $2,700,290 (exclusive of GST) for disturbance costs(c) plus interest and costs.

The total was estimated at $30 million.

5. This claim was rejected and the matter was referred to the Land Court by KS5 Pty Ltd on 16 January 2012 for determination. As part of that process, a court ordered mediation occurred on Monday 26 November 2012. The result of that mediation was that KS5 Pty Ltd put an “all up” offer on the table of $23.5 million. That sum is inclusive of disturbance costs, interest and professional and legal costs that were otherwise claimable by KS5 Pty Ltd.

6. On that basis, the figure of $23.5 million “all up” was considered to be an appropriate value for the land and disturbance costs and is recommended for approval. The settlement sum is also considered appropriate by Council’s Senior Counsel engaged for the Land Court proceedings.

7. Settlement at this time will save Council the costs of a four to five week hearing in the Land Court. It also assists Council in resolving the uncertainty that necessarily arises in Land Court proceedings as to the value of land, which is not always resolved in Council’s favour.

8. On 4 April 2011, Council paid an advance against compensation of $22 million (exclusive of GST), in accordance with Section 23 of the Acquisition of Land Act 1967 (Qld). This leaves a balance payment due of $1.5 million.

9. The Divisional Manager, recommended as follows and the Committee agreed at its meeting of 10 December 2012.

10. DECISION:

THAT ESTABLISHMENT AND COORDINATION COMMITTEE, AS DELEGATE OF COUNCIL DURING RECESS, APPROVES THE RESOLUTION SET OUT IN


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ATTACHMENT A, HEREUNDER.

Attachment A

THAT:

(a) the claim for compensation as set out in Schedule 1 Part 1 be settled as set out in Schedule 1 Part 3.

Schedule 1

Part 1 Details of ResumptionClaimant KS5 Pty Ltd ACN 110 280 405Property resumed Please refer to Schedule A belowPurpose of Resumption Park and Recreation Ground purposes

Part 2 Details of ClaimAmount of Claim (a) $27,400,000 (excluding GST) for the value

of the land resumed;(b) $2,700,290 (exclusive of GST) for

disturbance costs;(c) Interest on $22,000,000 from 4 March

2011 to 4 April 2011; (d) Interest on $5,400,000 from 4 March 2011

to date of payment of compensation; and(e) Interest on disturbance items from the date

of their payment by KS5 Pty Ltd until the date of the payment of compensation.

Part 3 Final Settlement $23,500,000 (GST exclusive) all up under all

heads inclusive of the previous advance of $22 million.

Settlement is subject to a Deed of Settlement being finalised on terms satisfactory to the Chief Legal Counsel.

Attachment B

SCHEDULE AThe Land

Owner Location Real Property Description

KS5 Pty Ltd ACN 110 280 405Westpac Bank BuildingLevel 20, 260 Queen StreetBrisbane QLD 4000

315 Milton Road, Milton

Title reference: 50543322Lot description: Lot 22 on Registered Plan 18863Lot description: Lot 23 on Registered Plan 18863Lot description: Lot 24 on Registered Plan 18863Lot description: Lot 25 on Registered Plan 18863Lot description: Lot 59 on Registered Plan


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18863Lot description: Lot 60 on Registered Plan 18863Lot description: Lot 61 on Registered Plan 18863Lot description: Lot 62 on Registered Plan 18863Lot description: Lot 63 on Registered Plan 18863Lot description: Lot 64 on Registered Plan 18863Lot description: Lot 65 on Registered Plan 18863Lot description: Lot 66 on Registered Plan 18863Lot description: Lot 67 on Registered Plan 18863Lot description: Lot 68 on Registered Plan 18863Lot description: Lot 2 on Registered Plan 58871Lot description: Lot 2 on Registered Plan 89283Lot description: Lot 3 on Registered Plan 100093Lot description: Lot 21 on Registered Plan 100093County: StanleyParish: Enoggera


2 Frew Street, Milton

Title reference: 13549148Lot description: Lot 18 on Registered Plan 100093County: StanleyParish: Enoggera


38 Haig Road, Milton

Title reference: 50543321Lot description: Lot 1 on Registered Plan 91834County: Stanley Parish: Enoggera



Title reference: 12540204Lot description: Lot 4 on Registered Plan 51917County: StanleyParish: Enoggera


44 Haig Road, Milton

Title reference: 16793078Lot description: Lot 17 on Registered Plan 18863County: Stanley


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Parish: Enoggera


315 Milton Road, Milton

Easement to Brisbane City Council Registered No. 601313283 over Part of Lot 3 on Registered Plan 100093Easement to Resub 2 of Sub 69 of Resub 2 of Sub 2 of Allotment 43 Registered No. 60131284 over Resub A on Registered Plan 100093Easement to Resub 2 of Sub 69 of Resub 2 of Sub 2 of Allotment 43 Registered No. 60131285 over Resub A on Registered Plan 58871Unregistered Drainage Easement in favour of 40 Haig Road Milton (Gronn)Unregistered Agreement to Bailey Outdoor Advertising for sign. Proposed Licence Agreement QUU Site Office (6,000 square metres)


44 Haig Street Milton

Two Unregistered Rental Agreements.



Unregistered Rental Agreement



Easement to Brisbane City Council Registered No. 601313283 over part of Lot 18 on Registered Plan 100093


56 Lucy Street, Milton

Easement to Registered Proprietor Registered No. 601313284 over Sub A of Por 439AEasement to Registered Proprietor Registered No. 601313285 over Sub A of Resub 1 of Sub 1 of WSA 44

NOTED

B PRESENTATION AND NOTING OF THE CORPORATE PLAN 2008-12: 2011 UPDATE PROGRESS REPORT FOR THE PERIOD ENDED 30 JUNE 2012109/590/785/13

391/2012-1311. The Chief Executive Officer provided the following information.

12. Under section 118(3) of the City of Brisbane (Finance, Plans and Reporting) Regulation 2010 Council’s Chief Executive Officer must present to Council annually a written assessment of the Council’s progress towards implementing the corporate plan.


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13. The report (submitted on file) identifies progress in implementing the Corporate Plan 2008-12: 2011 Update. It reports the status against each medium term objective as at 30 June 2012.

14. It is recommended that Establishment and Coordination Committee as a delegate of Council during recess note the Corporate Plan 2008-12: 2011 Update Progress Report ending 30 June 2012.

15. The Chief Executive Officer recommended as follows and the Committee agreed at its meeting held on 14 January 2013.

16. DECISION:

THAT THE ESTABLISHMENT AND COORDINATION COMMITTEE NOTED AND APPROVED THE CORPORATE PLAN 2008-12: 2011 PROGRESS FOR THE PERIOD ENDING 30 JUNE 2012.

NOTED

C SETTLEMENT OF CLAIM FOR COMPENSATION FOR RESUMPTION AT 120 LEMKE ROAD, TAIGUM - MODULE 2 PTY LTD202/11-NV395/120(P4)

392/2012-1317. The Divisional Manager, City Planning and Sustainability Division, provided the following

information.

18. On 14 July 2006, Council resumed land for park purposes situated at 120 Lemke Road, Taigum, described as Lots 1 and 2 on RP26206 and Lot 322 on CP S3147. The area of resumed land comprises 7.5877 hectares and is edged in red on the plan (submitted on file).

19. The claimant and dispossessed owner of the land is Module 2 Pty Ltd (“Module”).

20. Module submitted a claim for compensation on 30 August 2006, with respect to land value in the sum of $14 million plus loss of income and legal costs. On 10 June 2008, Council paid Module an advance against compensation in the sum of $2,219,917.81 including interest of $219,917.81.

21. After a period of unsuccessful negotiations, the matter was referred to the Land Court on 23 April 2010. As part of the Land Court proceedings, mediation took place between the parties. The formal mediation did not result in settlement. The matter was listed for trial in the Land Court for eight days commencing 10 December 2012.

22. Without prejudice negotiations have subsequently occurred between the parties and resulted in an acceptable offer being made by Module to settle on an “all up” basis in the sum of $5,819,917 inclusive of the advance already paid. That sum is inclusive of disturbance costs, interest and legal and professional costs otherwise claimable by Module. With the advance already paid to Module, this leaves a balance payment due of $3.6 million.

23. Settlement of this compensation claim is recommended by Council’s barristers, including Senior Counsel, instructed by Brisbane City Legal Practice. It will eliminate the risk, uncertainty and cost of litigation and is a good commercial outcome for Council.

Customer impact

24. The claimant will have their compensation claim for the resumption of 120 Lemke Road, Taigum, resolved as full and final settlement.


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25. The Divisional Manager recommended as follows and the Committee agreed at its meeting held on 14 January 2013.

26. DECISION:

THAT THE ESTABLISHMENT AND COORDINATION COMMITTEE AS A DELEGATE OF COUNCIL DURING RECESS, APPROVE SETTLEMENT OF THE CLAIM FOR COMPENSATION FOR THE RESUMPTION OF PROPERTY AT 120 LEMKE ROAD, TAIGUM IN ACCORDANCE WITH ATTACHMENT A HERUNDER.

Attachment A

THE CLAIM FOR COMPENSATION BE SETTLED IN ACCORDANCE WITH SCHEDULE 1 PART 3:

Schedule 1

Part 1 Details of Resumption

Claimant Module 2 Pty Ltd.

Property Resumed Whole of the property situated at 120 Lemke Road, Taigum, described as Lot 1 on RP26206, Lot 322 on CP S3147 and Lot 2 on RP26206 and having an area of 7.5877 hectares.

Purpose of Resumption Park Purposes.

Part 2 Details of Claim

Amount of Claim (a) $6,699,962.91 (excluding GST) inclusive of the advance of $2,219,917 for the value of the resumed land and disturbance items,

(b) Interest on compensation;(c) Plus costs.

Part 3 Details of Settlement

Terms of Settlement (a) $5,819,917 (GST exclusive) all up under all heads (inclusive of disturbance costs, balance interest and legal and professional costs) less the advance of $2,219,917 previously paid on account of land value and interest, being an additional payment of $3.6 million, and

(b) Settlement is subject to the claimants entering into a Deed of Settlement with Council upon terms satisfactory to the Chief Legal Counsel, Brisbane City Legal Practice.

NOTED

ESTABLISHMENT AND COORDINATION COMMITTEE (Adoption report)


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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 setting out the recommendations of the Establishment and Coordination Committee during the Summer Recess 2012-13, on matters usually considered by that Committee, be adopted.


LORD MAYOR: Thanks very much, Madam Chairman. Five items in this report, the first being contracts and tendering for the month of November. Madam Chairman, a number of items there, partly to do with the refurbishment of 157 Anne Street. That's to make that space into a lettable condition, removing some of the old things, like the old Council Chamber, for example, and other aspects, Madam Chairman, to make that serviceable for rental.

Madam Chairman, there was always some work progressing there on stage two of Kingsford Smith Drive, preliminary works around location of services, public utilities. There is an issue of the demolition of a Davies Park jetty at West End, Madam Chairman. I think that was an issue of a dangerous jetty, as I understand it, where it needed to be removed. Gap Creek Road reserve improvements, which went to Naturform Pty Ltd.

Madam Chairman, also we have in item B the Brisbane Invasive Species Management Plan. That's set out there. Madam Chairman, as you can see, it relates to all sorts of things, from feral dogs to vegetation to even some deer, Madam Chairman. That's all set out there as a management plan for 2013 to 2017. Madam Chairman, this plan was delayed during the course of the January 2011 floods. There were delays around the production of this plan. But it is there now. For four years, it will set out the task in a very comprehensive way of what needs to be done.

Item number C is a sublease for the State Emergency Services depot at Tangalooma Resort. There was some state government land, Madam Chairman, which was leased to Tangalooma Resort. The SES had placed shipping containers along prime beachfront land. The owner had requested the SES group consider a lease arrangement to rehouse the group.

Those arrangements are now in place or will be as part of this proposal. It puts the SES by a bypass road. So the arrangement works well for all concerned and approval is now sought to enter into a sublease overland at Tangalooma Resort, Moreton Island, for the purpose of that State Emergency Service depot.

The item four or D, I should say, and item E relate to swimming pools, the first one being at the Yeronga Swimming Pool. This is an existing lease. Interestingly, the Yeronga Swimming Pool receives 12 per cent of the total 1,794,000 patrons at our pools across Brisbane see each year.

The current 25-metre pool onsite is in need of major repair and preferably replacement. The estimates from contractors to keep the operations for the medium-term exceed $250,000. A replacement pool will be in the order of 1.2 million. The lessee is proposing to relinquish the lease to establish a new lease which would be for a 23-year period and, in doing so, would invest $2 million, that being 1.2 million for a new pool and $800,000 for further improvements, they being around the establishment of a gymnasium and other improvements.

So we're of a view, very clear view, that there would not be anybody else in the marketplace that would invest $2 million, Madam Chairman, in regards to this pool. This is a very successful operator. Clearly to attract that amount of patronage with a 25-metre pool just demonstrates what can be done.

The proposal is that Council would reimburse those capital costs with reimbursement happening on an annual basis. But it would mean that Council would, based on the current numbers, commence with a positive outcome of $20,000 in year one, increasing to $300,000 by year 10. So that is recommended by this Council to the Chamber.

Newmarket Swimming Pool, a very similar scenario. Currently that pool


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achieves nine per cent of the total market across the City of Brisbane. The patronage levels have grown to saturation point over the last couple of years. This lease is due to conclude in June of 2015. The new lease proposals, the existing lessee proposed a $2 million investment in capital improvements, including a heated indoor swimming pool.

So the idea again here is to look at a combined or extended lease arrangement. Council also, under this arrangement, would receive returns estimated to be $10,000 in year one and increasing each year to approximately $250,000 a year by year 10. Madam Chairman, this is an outcome which we believe is favourable to Council and its ratepayers and we're therefore recommending it to the Chamber. Thank you.

Chairman: Further debate. Councillor DICK.

Councillor DICK: Thanks, Madam Chair. I rise to speak on this report.

Seriatim - Clause ACouncillor Milton DICK requested that Clause A, CONTRACTS AND TENDERING - REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR NOVEMBER 2012, be taken seriatim for voting purposes.

Chairman: Okay.

Councillor DICK: Thank you, Madam Chair. Look, just on the contracts and tendering, the LORD MAYOR provided a little more detail than usual regarding these contracts and tendering, which is always good to see. But I want a bit more information and I'm troubled and concerned by the fact that, once again, we're seeing a bad investment on ratepayers' money through CBIC. Of course—


Councillor DICK: Well, it's a sad saga that we continue to keep unravelling. You look at the latest debacle of CBIC, where this time, not only have we moved out of the old Anne Street building, not only have we said farewell, we've bid adieu, we're now paying for the renovation of our former Chamber.

You've got to remember this is CBIC charging us about four times for the building and the operation and the fit-out and now—and the rent; don't forget the rent—for a building that ratepayers own. So ratepayers' money tipped in the bucket for CBIC. CBIC owned by ratepayers then bought the building. We then had to fit out and pay the costs of the fit-out. Then we did such a good deal, we then had to pay rent for a building that we owned, that we paid to fit out for. Then now, as a parting gift, we're given the bill. We're given the bill. Ratepayers get the bill.

You'd think CBIC would say, you know what, its ratepayers' money, how about we tip in? How about we do this? Because it is your money. Oh no, no, no. Those investors, oh no, those investors—a couple again next term.

Councillor FLESSER: Point of order, Madam Chair.

Chairman: Yes, Councillor FLESSER.

Councillor FLESSER: Would Councillor DICK take a question?

Councillor DICK: My policy is always to take questions—in the old Chamber, the new Chamber and this one as well.

Councillor FLESSER: Councillor DICK, with all the money this Council is giving to CBIC over the old City Hall the officers are in, do you think that the board of CBIC will be announcing a huge big profit to CBIC at the end of this financial year?

Councillor DICK: Well, Councillor FLESSER, when it comes to the CBIC reports, because it's bad news, you normally see the LORD MAYOR or the Chairman of Finance slink in and just kind of—you know, they sneak in and they just sort of table it and say, oh yeah, here it is. You never see any big pop-up banners or media


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announcements about it. No, no, no. We don't see it published on the—

Chairman: Councillor DICK, you know, it was a fairly short answer that you could have given.

Councillor DICK: Sure, sure, sure. But, Madam Chairman, look, the reality is CBIC is a bad deal for ratepayers. I want to come back to the contract and tendering because the $378,712, the parting gift that we're giving to CBIC for a fund that we own, I do not think is value for money and I do not think is a contract that we should be supporting. Whoever did that deal, whoever negotiated such a poor deal for ratepayers, should basically go back to accounting school and work out what is a good deal for ratepayers. Because this ain't it.

Madam Chairman, I move onto the other items in the report. We will be supporting the adoption of the Brisbane Invasive Species Management Plan. This is once again a long time coming. I think, if you go to the website today, you will find the draft report from 2011. So we have been taking our time with getting the Invasive Species Management Plan correct.

Councillor NEWTON will be speaking on the sublease for the State Emergency Service depot at Tangalooma Resort and I know is an important issue for her and her local residents.

Just on the pool upgrades, Madam Chair, we will be supporting these items. Look, I was absolutely delighted to hear the LORD MAYOR say that both businesses are doing really well, that they are—I think he said at max or massive capacity and are trading really, really well and he's not into that comment.

Because this was a different story from what the Yeronga pool lessee was saying, that she was going to the wall late last night. Yes, she was distressed and was so concerned she went to the media and was happy to showcase the Federal Leader of the Opposition and the Liberal candidate for Moreton as well, which was great to see that she's showcasing those people at her pool, which she's entitled to do and support political parties if she wishes. I'm not sure what her political leanings are.

But, Madam Chairman, I'm delighted to see it, because she was very concerned about her rising power bills. So I'm delighted to see that the carbon tax hasn't had an impact on her business now, as the LORD MAYOR said. She's doing remarkably well and it's a fantastic business. So I'm glad all those obviously concerns on the front page of the paper were unfounded. Now that she's doing such a great job and such a good job, which is excellent to see all our pool operators, wonderful to see, that she's now able to be part of this wonderful investment by the Brisbane City Council to support her very successful business.

Likewise the Newmarket Pool, which we're also offering support for those residents in the inner north-west to benefit from our wonderful aquatic facilities.

Chairman: Further debate. Councillor JOHNSTON.

Councillor JOHNSTON: Yes. Thank you, Madam Chairman. I rise to speak on item A and item D. Firstly, on item A just briefly. Madam Chairman, I note that there is an item in here for $1.586 million for Moggill Constructions Proprietary Limited, which says it's for the Bert St Clair Oval; Oxley Creek flood recovery, separable portion, geotech investigation et cetera.

Now presumably, Madam Chairman, this is to fix the part of the remediation done by Council two years ago that failed. We've had massive drainage problems with the bank of the second oval, which leads—is essentially the bank down into Oxley Creek as well.

What concerns me, Madam Chairman, is this Council has not gone back to the original contractor, who clearly got the first remediation wrong, Madam Chairman. I would have thought that this matter should have been resolved under those contractual arrangements rather than Council putting another $1.5 million to fixing up the Bert St Clair Oval.

Madam Chairman, there is quite a long history for this. The oval, after it was


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remediated, continued to flood across the footpath. That was exacerbated by the floods, but the problem pre-existed. Madam Chairman, the original project cost $600,000 and now we're throwing another $1.5 odd million after it. So, Madam Chairman, I just don't know why we have not gone back to the original contractor to seek them to repair—remediate the problems with their original delivery of this project.

I want to make sure there is value for money. I would like the LORD MAYOR to give an explanation as to why that has not happened. It was clear from the Council officers' advice to me that it was failure with the remediation that was leading to the drainage problems that had been identified at Bert St Clair Oval.

In that case, Madam Chairman, I would have thought it's good commercial practice for us to undertake a defects type arrangement with that contractor and get them to fix it. I would certainly like some explanation as to why we have not gone down that course. If we have, Madam Chairman, I'd like to know the outcome of that. I'd certainly like some explanation about why we need to spend another $1.5 million fixing a problem created by a contractor two years ago. I certainly hope the LORD MAYOR addresses that issue.

Secondly, Madam Chairman, item D, Yeronga Swimming Pool lease. Perhaps I can assure Councillor DICK, through you, Madam Chairman that the Managers of the Yeronga Pool do seem to be very good to all their elected representatives, regardless of political persuasion.

But, Madam Chairman, what I would say is that—well there are essentially two things about this report. Firstly, when you look at it, we have to give absolute thanks and gratitude the managers of this pool, Multi-Level Sports Management Pty Ltd—and I do know the name of the person, but I won't put it on the record.

However, she's well known in the Yeronga community. She's managed this pool with her family for a long time. She is an absolutely a lovely person and she does a fantastic job in Yeronga managing the pool. Now you can see that from the stats that are here in this report. It's the busiest pool anywhere in the city, Madam Chairman, and it's at maximum capacity.

So what I would like to say is thank you to them, because they will be making this capital investment of $2 million into a new 25-metre pool and gymnasium and other related facilities, Madam Chairman. I have spoken with the manager about it. She's very excited. For four years, it has been in the Tennyson Ward budget submission that we upgrade the 25-metre pool. The day I met her when I was campaigning, she said, this is my priority. I am delighted, basically delighted, that the LORD MAYOR is finally listening.

Now, Madam Chairman, you think maybe, after me lobbying year after year after year as an elected representative of this Council, he might notify me about the outcome of this matter. Madam Chairman, he did not. I do note, however, he did notify the councillor to the south of me, the councillor for Moorooka Ward. He did get a letter advising him of the arrangements that had been entered into with respect to Yeronga Pool. But the same courtesy could not be extended to the actual local councillor, the Councillor for Tennyson.

Now, Madam Chairman, perhaps I've got it wrong. Perhaps it's Australia Post that stuffed up. Perhaps it's out there with the postie on the motorbike and he's gone, I'm going to go and deliver Councillor Steve GRIFFITHS' letter, but I'm not going to deliver Councillor JOHNSTON's letter. So perhaps the LORD MAYOR could hop up and say why he thinks it's a courteous thing to advise one councillor about these arrangements and this investment, but not the local councillor where the pool is actually located.


Councillor JOHNSTON: Yeah. Well okay, Councillor GRIFFITHS just put on the record that he thinks he might have been sent the letter mistakenly as well. But, Madam Chairman, I just seek some clarity on that because I did speak to the pool manager when I became aware of these arrangements. She did advise me of the outcome.


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The 25-metre pool replacement is something we have been pushing as long as I have known her. It is something this community has wanted and will be very valuable to all residents on the south-side, particularly the inner southern suburbs. Madam Chairman, it will complement the existing facilities that are very good and that are there now.

Madam Chairman, she was happy to talk to me. She was happy to tell me what's going on. I certainly don't want her getting stomped on by this Council for doing so. But, Madam Chairman, I would have thought that the same courtesy could have been extended by the LORD MAYOR with respect to this arrangement.

What I did note, Madam Chairman, is that the LORD MAYOR has announced it will actually start from next year. So that's a little bit odd, based on the reading of this contract which is the tenant is actually making all of the investment and then Council is going to progressively reimburse them over this time.

So, Madam Chairman, I would like to thank Multi-Level Sports because it's clearly their commitment to our local community that's got this up and running, Madam Chairman. It is clearly the fact that they are prepared to take a long-term view and invest in the facility that they manage that this deal is at all possible.

So whilst I did welcome the announcement from the LORD MAYOR, Madam Chairman, I can see that our gratitude should particularly go to the tenant of the pool, the managers of the pool here, our tenants, for their investment and their long-term commitment to our community. Madam Chairman, perhaps the LORD MAYOR should just check his outbox and pop down to Australia Post in the near future.

Chairman: Further debate. Councillor NEWTON.

Councillor NEWTON: Thanks very much, Madam Chair. I rise to speak briefly on item C of this report, which is about a sublease for the State Emergency Services depot at Tangalooma on Moreton Island. Madam Chairman, it might sound like a lovely luxurious place to be, having a spot on the beachfront at Tangalooma, for the SES. I'm pleased to see that it's being formalised today.

Madam Chairman, Tangalooma have been fantastic supporters of the SES over on Moreton Island. For those who have heard me talk about the island before, people over there are very resilient and very resourceful. Being cut off from the mainland has forced them to be that way, whether it's been helping to rescue tourists who have gotten lost through to dealing with oil spills and bushfires, the people of Moreton Island and the volunteers are quite incredible.

At each of the townships, there are Queensland Fire and Rescue Services offices. Indeed, at Karingal, which is at the most southern point of the island, which is very isolated indeed, there's even some primary first aid nursing kind of facilities to assist people who might be injured at that end of the island.

So this particular decision today is really the icing on the cake, in terms of working with that community. There's also a little police station at Tangalooma now as well that was established in recent years to deal with enforcement issues on the island, because it is very isolated. That doesn't mean that there is no need to adhere to laws like speed limits and so forth.

So, Madam Chairman, I'm pleased to see this this afternoon. I'd like to acknowledge the work done by Council's previous controller, John Butler, to establish a solid relationship with local resident and Tangalooma director, Trevor Hazard, who has been instrumental in signing on Tangalooma staff to really help bump up SES numbers on the island. That's been just tremendous to see the Tangalooma Resort really come on board strongly and provide that strong support base for the SES, as frontline emergency services on the island.

So this of course has my full support and again thanks to all our SES volunteers on Moreton Island. You do it tough, but you do a wonderful job. I just wanted to show—take the opportunity to show again my appreciation.

Chairman: Further debate. Councillor ADAMS.


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Councillor ADAMS: Thank you, Madam Chair. I rise to speak on item C, D and E. I'll speak on the pools first, Yeronga and the Newmarket leases in item D and E. Yes, we do have leases here for our busiest and second busiest of our 20 pools that we've got in our portfolio. It's great to see that both these facilities need to grow to cater for our communities and our growing needs.

We are having the ability here, with this infrastructure input, to deliver more for our population in Brisbane and really encourage our residents to include pools as part of their active and healthy lifestyle. So previously we have had lessees put in minor funding for capital improvement. But these are the first examples of a new way forward with two operators giving significant capital contribution to the major upgrade projects at these pools.

So at Yeronga Pool, as has been mentioned, 25-metre four-lane into 10-lane heated. So that's going to give us great opportunities for the operators, for squads, for aerobics, for water polo, as something they've listed as something they're interested in, as well as a gym and ancillary facilities as well.

Whereas Newmarket is including the heated pool program. But they're including a crèche as well as the gym and ancillary facilities. So we're going to have that great opportunity for parents to go and work out, swim, work that little bit harder, while their younger children are being supervised at the pool. So that's a fantastic outcome for more facilities and more programs at our local pools.

So extending these leases shows what we're voting here—and from the sounds of it, we're all going to be supporting these leases today. We're going to give certainty to the operators. I'd like to thank the operators too for coming on board, for having confidence in the pools and the way that Brisbane City Council is promoting our active and healthy lifestyles. They have demonstrated a strong performance in their industry. So we look forward to working with them over the next 20 years.

To item C, the sublease for the SES depots, again, thanks to you Councillor NEWTON for your support. I have to say, the Moreton Island SES, is the most active of our SESs in Brisbane, with 55 members. But that keeps them very busy, which is why they're so active. They have plenty to do.

I think you take note where it says in the report here, at the moment they are living in shipping containers. It is on prime beach location. So I can understand why Tangalooma wants to utilise that land as well. But the great opportunity we have here is to get onto a site, a piece of land that gives us direct access to the bypass road, which obviously takes you out to where the issues happen on Moreton Island when we need SES recovery.

So the development assessment application, which will be lodged, once we've been through the State tick-off and everything, is going to get us a purpose built facility. That is going to be great, as we said, for an SES group that is one of our most active in Brisbane.

Obviously we'll be speaking to the local community and the SES members when we get to the construction. But I think what we are going to see most importantly is enhancing those response times for our issues on Moreton Island and make sure that all the residents there feel safe in their community in times of emergency. So I recommend these three items to the Chamber.

Chairman: Further debate. Councillor WINES.

Councillor WINES: Thank you, Madam Chairman. I rise to speak in support of item E. The Newmarket Pool is a fantastic local facility and, as we can see in these figures, represents nine per cent of the city-wide usage of city pools. Now you have to put that into context. That's 161,000 visitors each year. This pool closes for what can be three months of the year. So to even achieve these numbers is a real testimony to its place in our community, to its management and to the vision of its management there.

I want to commend this, because it is a vital first step to a large scale upgrade that was described by Councillor ADAMS to the Newmarket Pool. It's going to


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become a fantastic local facility in the Enoggera Ward. It already is and its reach across the city is quite vast. It is the premier swimming facility in the inner-north of Brisbane. It takes in customers from as far west as Ferny Grove; north to Chermside; west to Paddington, and east all the way to Kalinga, just short of Toombul there.

Many, many people come to this pool because of its fantastic facilities. With this new lease, there is a real opportunity to enhance that, to make it even better. I dropped it on Mr Miller recently to discuss the Australia Day festivities that they were planning at Newmarket Pool, which unfortunately were not as successful as they'd hoped, for obvious reasons. But the pool was teeming with children. I said, gee, Bob, you've got a couple of people here. He said, no, mate, this is a quiet day.

So it's fantastic to see this opportunity for the Newmarket community, for the inner north-west. I highly recommend it to the Chamber. Thank you.

Chairman: Further debate. Councillor ABRAHAMS.

Councillor ABRAHAMS: Thank you, Madam Chair. Madam Chair, I just wish to make a few comments on the Brisbane Invasive Species Management Plan. Madam Chair, there was a July 2007 to 2011 Brisbane Invasive Species Management Plan in place, one that, as all of these, is a requirement, as I understand it, under state legislation.

At the time when that was coming to its end, the Council went out with consultation in November, December 2011 with what was then called the draft 2011-2015 Brisbane Invasive Species Management Plan. That draft, with very few changes, certainly changes that I can't see unless I go through list after list after list, is what we are now asking to approve in February 2013.

That plan has now changed its name because it is the 2013-2017, indicating possibly a two-year delay, where in fact it is less than that. But it emphasised the time that has been taken to bring a draft plan to the Chamber. That delay is indicative of the priority this administration would give to invasive species or otherwise it would be there, because I restate there are very few changes in that time.

But my greatest concern is this Invasive Species Management Plan is in fact—should actually be called a snapshot, because it lists what are the pest species. It lists the responsibilities. It lists the agencies that are involved and then it stops, even though I acknowledge that takes more than 170 pages.

It does not list what Council is doing. It doesn't give any commitment to funding that's associated with it. It isn't actually a management plan that is telling you what it's going to do within the next year, the next three years or anywhere where the community can look to that and get any comfort apart from the pest is listed, it's known, it's recognised as an invasive species. That is really all you can glean from this plan.

So LORD MAYOR, we are now looking at the budget for the year 2013-14. I would hope—so that this management plan does not—sorry, this snapshot plan does not just become a list, a document that sits on the shelf, that you understand and fully fund our commitment and even go further and make sure that we really start making inroads into the weeds infestation of our city and the feral pests of our city, because that's an obligation that we need at a legislative point of view and also, as many of us know, and I think you yourself, Madam Chair, know just how difficult some of the feral pests, including the deer species, are once they got away. We need to fund this appropriately. I'm calling on the LORD MAYOR to do so.

Chairman: Further debate. Councillor BOURKE.

Councillor BOURKE: Thanks very much, Madam Chairman. Madam Chairman, I couldn't let Councillor ABRAHAMS' contribution go by without just making a few comments. Obviously, over the course of the recess, Councillor ABRAHAMS hasn't had the opportunity to read this document. Or if she has tried to read it, once again, Madam Chairman, as we often see with the Labor Party, she wants


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to selectively quote sections of the document.

So for the benefit of all councillors, Madam Chairman, quite clearly in the document before us, it is a plan on obviously how we capture the information that we need to have on how to manage all of our natural areas, some 8000 hectares of land across the city, Madam Chairman, but also—Councillor ABRAHAMS, it would be probably good to look at one of the tables, where it talks about specific outcomes and action items and even success indicators and the responsibility of delivering those action items, Madam Chairman.

So it is a plan. It complements the work that we already do, Madam Chairman, through you, to Councillor ABRAHAMS, through the Wipe Out Weeds program, through our investment in the bushland preservation levy, through the creek rehabilitation work that we do, through the work that we do with our Habitat Brisbane officers, through the bushcare groups that we work with, two and a half thousand volunteers, Madam Chairman. It is all part of the overall package.

Let's not forget that it is this side of the Chamber that has invested like never before when it comes to environmental outcomes in the City of Brisbane. It was a Liberal Administration that brought in the environmental preservation levy, Madam Chairman, that started purchasing bushland in this city.

Under this administration, Madam Chairman, the LORD MAYOR has continued to deliver, 600 hectares in the last four years alone, Madam Chairman. Now, even in this year's budget, we continue to see more investment into the preservation and protection of that land. It was a Liberal administration that put on Brisbane City Council's first Pest Management Officer, Madam Chairman. It was a Liberal Administration that put on the second Pest Management Officer, Madam Chairman. Direct actions outcomes to help protect and deliver the outcomes we need to make sure that our fauna and flora across the city is being protected, Madam Chairman.

Those on the other side might like to think that they are the holders of the green agenda when it comes to the political debate, Madam Chairman. But when the rubber hits the road, when you actually look for those that are prepared to stand up, to be counted, to deliver on-the-ground tangible outcomes for the environment, Madam Chairman, they are sadly lacking. Because once again it is we on this side of the Chamber who can deliver more than ever before. Councillor GRIFFITHS can mumble all he likes over there, Madam Chairman, because we on this side of the Chamber—


Councillor BOURKE: Thanks, Councillor GRIFFITHS, a pearler of an interjection there from you, Councillor GRIFFITHS.

Chairman: Through the Chair, thanks, Councillor BOURKE.

Councillor BOURKE: As I was saying, through you, Madam Chairman, a pearler of an interjection there from Councillor GRIFFITHS. As I was saying, Madam Chairman, we on this side of the Chamber have the track record on delivering. This is another part of our program.

It shows our commitment to delivering better natural spaces to protecting the environment and working with the organisations that are listed there, Madam Chairman, that shows that we have a plan. It shows that we have something to work towards in collaboration with so many groups and so many organisations across the city. It is shameful that Councillor ABRAHAMS, despite her leader saying that they were going to support this, would stand up and then do completely opposite to it.

Chairman: Councillors, we're going to have to call an adjournment. We've had advice that there is a humming sound coming through over the voices, which we need to sort out because it's going to make the transcription difficult. So Councillor MURPHY, if you can—


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At that time, 5.16, it was resolved on the motion of Councillor MURPHY, seconded by Councillor Kim MARX, that the meeting adjourn to investigate audio problems with the Council meeting recording software for a period of 15 minutes.

UPON RESUMPTION:

Chairman: LORD MAYOR, would you like to close the debate on that E&C?

LORD MAYOR: Thank you very much, Madam Chairman.

Madam Chairman, firstly in relation to the issues surrounding the contracts, in the tendering report, item A, Madam Chairman, the CBIC, of course, returned a dividend of some $10 million to this Council over the last year. The asset base that they have under their stewardship has grown from $137 million to now be $197 million.

So to say somehow that this is costing us money, Madam Chairman, I think is a misconception in the extreme. If we were to be renting space with a privately owned entity, Madam Chairman, we would be up for the cost of the fit out, we would be up for the cost of the rent in any event. So it is prudent to be undertaking that rental through an organisation which returns a dividend to this city.

Again, I remind the Chamber that that dividend in the budget was $10 million last year. Without that return dividend, we would have had to have increased rates by a further one per cent or a little more. That's the reality, that's what it equated to.

So, Madam Chairman, that's probably all I need to say in relation to that. We needed to—

Chairman: Order!

LORD MAYOR: We needed to make sure that that space was in a position where it was available for rent, Madam Chairman, to make sure we maximise the return opportunities for the people of this city.

In terms of the building itself, I think that 157 has been an outstanding investment and over time, Madam Chairman, that will prove to be the case. It was purchased at a time when the commercial sales were at the bottom of the market, bottom of the GFC, and, Madam Chairman, I think it will be proven to be a very good investment for this city.

In regards to the other item, which was the pool, I just wanted to make reference to these pools. Madam Chairman, one thing that I do observe is that the pools that seem to do very, very well are pools that have very strong swim classes. Ones that have got good operators, that have got a very strong swim school component to them.

It is the case that there are many pools obviously around this city, there are 50 metres pools and so forth, much better facilities in many ways than these pools. But it is the base on which they operate that leads to a very strong patronage through the gate.

In respect of the issue of the Yeronga pool, I mean, I think that they were referring to higher costs associated with the carbon tax, Madam Chairman. That's a face of life. There are higher costs associated. It doesn't mean to say that business isn't doing well. In regards to the letter that was sent to Councillor GRIFFITHS, I think, Councillor GRIFFITHS, you received a letter not in error but indeed as a resident of Yeronga, which is why you received a letter along with several other thousand people. So don't feel privileged.

So there it is. You can move to Yeronga too, Councillor JOHNSTON. You got a letter.


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Chairman: I'll put the motion for item A.

Clause A putUpon being submitted to the meeting the motion for the adoption of Clause A of the report of the recommendations of the Establishment and Coordination Committee during the Summer Recess 2012-13 was declared carried on the voices.

Chairman: I put the motion for items, B, C, D and E.

Clauses B, C, D and E putUpon being submitted to the meeting the motion for the adoption of Clauses A, B, C, D and E of the report of the recommendations of the Establishment and Coordination Committee during the Summer Recess 2012-13 was declared carried on the voices.


A CONTRACTS AND TENDERING - REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR NOVEMBER 2012109/695/586/2

394/2012-131. The Chief Executive Officer provides a report to Council of details of contracts accepted by

delegates in accordance with Chapter 4 of the City of Brisbane (Finance, Plans and Reporting) Regulation 2010 pursuant to the City of Brisbane Act 2010.

2. Sections 238 and 239 of the City of Brisbane Act 2010 provide that Council may delegate some of its powers. Those powers include the power to enter into contracts under s242 of the Act.

3. Council has previously delegated some powers to make, vary or discharge contracts for the procurement of goods, services or works. Council made these delegations to the Establishment and Coordination Committee, Chief Executive Officer and permanent heads of the units of administration.

4. The City of Brisbane (Finance, Plans and Reporting) Regulation 2010 (“the Regulation”) was made pursuant to the City of Brisbane Act 2010. Section 181 in Chapter 4 of the Regulation provides, among other things, that “The council must, as soon as practicable after entering into a contract under this chapter worth $100,000 or more, publish relevant details of the contract on the council’s website.” ‘Relevant details’ is defined in section 181 as including (a) the person with whom the Council has entered into the contract, (b) the worth of the contract, and (c) the purpose of the contract (e.g. the particular goods or services to be supplied).

5. The Chief Executive Officer recommended as follows and the Committee agreed at its meeting held on 14 January 2013.

6. RECOMMENDATION:

THAT THE REPORT TO COUNCIL OF CONTRACTS ACCEPTED BY DELEGATES FOR THE MONTH OF NOVEMBER 2012, AS DETAILED IN THE SCHEDULE SUBMITTED HEREUNDER, BE NOTED.

City of Brisbane Act 2010 – Chapter 4 - Contracts & TenderingDetails of Contracts Accepted by Delegates of Council for November 2012


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Contract/Quote No. &Successful Contractor/s

Delegate Price Accepted &/or Type of Arrangement

Contract/Quote Purpose Unsuccessful Tenders & Quoters

Prices Tendered or

Type of Arrangement

ApprovalStart & End

Dates

BRISBANE INFRASTRUCTURECPOQ130040-12/13

Premis Solutions Pty Ltd – $378,712.Achieved Highest Value for Money Index {VFM} of 26.40.

CPO $378,712.(estimated expenditure under maximum term of the contract).

157 Ann Street Refurbishment.

Shortlisted Tenderers:

Kenalodge Pty Ltd t/a BWC Group.Achieved Value for Money Index {VFM} of 9.66.

Quadric Pty Ltd.Achieved Value for Money Index {VFM} of 21.64.

Box & Co Pty Ltd.Achieved Value for Money Index {VFM} of 18.36.

Tenderers not Shortlisted:

Oasis Pty Ltd.Achieved Value for Money Index {VFM} of 17.56.

Dickson Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 9.13.

Southern Cross Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 13.18.

Narin Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 7.27.

$460,201.

$462,002.

$517,229.

$532,568.

$547,700.

$664,000.

$962,713.

Approved:08.11.12.Start:08.11.12.End:Expected completion in (21) weeks.

Contract No B130115-12/13.

Lambert Locations P/L - $108,175.Achieved Highest Value for Money Index {VFM} of 72.1.



Kingsford Smith Drive, Stage 2 – PUP Location Services.

1300 Locate Pty Ltd.Achieved Value for Money Index {VFM} of 27.9.

Utility Location Services Pty Ltd.Achieved Value for Money Index {VFM} of 18.3.

VAC Group Pty Ltd.Achieved Value for Money Index {VFM} of 8.6.

$259,439.

$395,200.

$399,173.

Approved:30.11.12.Start:03.12.12.End:01.03.13

FSGQ130055-12/13

Engineering Applications Pty Ltd - $206,580.Achieved Highest Value for Money Index {VFM} of 377.58.



Replacement of Asphalt Drying Drum.

Australian Kiln & Mill Services Pty Ltd.Achieved Value for Money Index {VFM} of 289.22.

Maxcon Industries Pty Ltd.Achieved Value for Money Index {VFM} of 258.90.

Fitzroy Engineering Australia Pty Ltd.Achieved Value for Money Index {VFM} of 195.26.

East Coast Development Engineering Pty Ltd.Achieved Value for Money Index {VFM} of 166.64.

$297,351.

$293,548.

$399,462.

$540,100.

Approved:22.11.12.Start:22.11.12.End:Expected completion in (18) weeks.

RPQ017-10-14.

Box & Co Pty Ltd - $224,585.Achieved Highest Value for Money Index {VFM} of 23.15.



Mt Coot-tha Toilet Block Upgrade.


Tomkins Commercial & Industrial Builders.Achieved Value for Money Index {VFM} of 19.18.

Tenderers not Shortlisted:

Hawley Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 16.86.

Ian Kenyon Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 16.01.

Probuild Industries (Aust) Pty Ltd.Achieved Value for Money Index {VFM} of 15.34.

$237,198.

$269,872.

$284,270.

$296,687.



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Contract/Quote No. &Successful Contractor/s

Delegate Price Accepted &/or Type of Arrangement

Contract/Quote Purpose Unsuccessful Tenders & Quoters

Prices Tendered or

Type of Arrangement

ApprovalStart & End

Dates

RPQ017-10-23

D.G. Wilson Constructions Pty Ltd T/A DGW Group - $111,804.Achieved highest Value for Money Index {VFM} of 49.34.



Rocks Riverside Park – Stage 2 – Amenities Block Refurbishment

Box and Co.Achieved Value for Money Index {VFM} of 16.69.

Hawley Constructions.Achieved Value for Money Index {VFM} of 27.78.

Ian Kenyon Construction Pty Ltd.Achieved Value for Money Index {VFM} of 16.78.

$118,847.

$142,189.

$155,982.

Approved:09/11/12.Start:09/11/12.End:13/12/12.

RPQ019-09-04.

Enviro Site Services Pty Ltd - $133,120.



Demolition of Davies Park Jetty – West End.

N/A

Enviro Site Services were the only company who submitted a quote.

N/A Approved:12.11.12.Start:19.11.12.End:07.12.12.

V100016-09-10-01

Natuform Pty Ltd - $135,675.Value for Money Index {VFM} not calculated as this is an order under a Corporate Procurement Arrangement and therefore the lowest price was accepted.



Gap Creek Road Reserve Improvements.

Logan Landscape. $145,611. Approved:05.11.12.Start:19.11.12.End:30.03.13.

V110211-10/11-28.

Moggill Constructions Pty Ltd - $1,586,207.*Achieved Highest Value for Money Index {VFM} of 5.05.

*Final tendered price for Separable Portions 1 and 2. **Tenderers not shortlisted were not invited to submit a price for Separable Portion 1.

CPO $1,586,207.(estimated expenditure under maximum term of the contracts for Separable Portions 1 and 2).

Bert St Clair Oval, Oxley Creek Flood Recovery (Separable Portion 1 – geotechnical investigation, design and RPEQ certification).


Pensar Civil Pty Ltd.Achieved Final Value for Money Index {VFM} of 4.70.

Abergeldie Constructions Pty Ltd.Achieved Final Value for Money Index {VFM} of 3.32.

Tenderers Not Shortlisted:**

Brittwood Constructions Pty Ltd.Achieved Value for Money Index {VFM} of 2.81.

Doval Constructions (Qld) Pty Ltd.Achieved Value for Money Index {VFM} of 2.35.

$1,703,439.*

$2,408,440.*

1,050,415.**

3,181,118.**

Approved:11.10..12.Start:18.10.12.End:Expected completion within 12 weeks.

BRISBANE LIFESTYLENil.BRISBANE TRANSPORTNil.CITY PLANNING & SUSTAINABILITYNil.

DISASTER RESPONSE & RECOVERYNil.OFFICE OF THE LORD MAYOR & CHIEF EXECUTIVE OFFICERNil.ORGANISATIONAL SERVICESNil.

ADOPTED

B ADOPTION OF BRISBANE INVASIVE SPECIES MANAGEMENT PLAN 2013-2017131/630/543/1943

395/2012-137. The Divisional Manager, City Planning and Sustainability, provided the following

information.

8. Under the Land Protection (Pest and Stock Route Management) Act 2002 (the LP Act), all local governments must prepare a pest management plan for declared pests in their jurisdiction. The LP Act requires pest management plans to be reviewed annually and renewed every four years.


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9. Council’s existing Pest Management Plan, the Brisbane Invasive Species Management Plan 2007-11 (BISMP), was adopted in 2007 and effective until 30 June 2011. The renewal of this plan has been delayed due to flood impacts, specifically, the unavailability of required stakeholders during flood recovery efforts (including Queensland Government officers).

10. In the interest of hastening the development of the plan after the flood associated delay, a consultant (Chenoweth EPLA) was engaged in July 2011 to facilitate the development of the new BISMP 2013-17. The title of the plan has been changed from the previous submission from 2011-15 to 2013-17 as the plan is effective for four years from the date of adoption. The plan has been developed in keeping with the required process as set out in Part 4 (sections 25 to 35) of the LP Act.

11. Public consultation commenced on 12 November 2011 and closed on 12 December 2011. Submissions received were considered by the external expert panel at a meeting on 15 December 2011. A synopsis of the notable amendments to the previous BISMP has been provided in Attachment C, as submitted on file. The register of submissions received as part of the public consultation process is provided in Attachment D, as submitted on file.

12. The BISMP was amended accordingly in response to public submissions received and Establishment and Coordination Committee approved submission of the plan to the Minister for Agriculture, Fisheries and Forestry on 27 February 2012.

13. A response from the Honourable John McVeigh, Minister for Agriculture, Fisheries and Forestry was provided on 3 September 2012 (Attachment E, as submitted on file).

14. The ministerial response listed a number of required and suggested amendments. A register of required and suggested amendments and Council’s response to each is provided in Attachment F, as submitted on file. All required amendments and most of the suggested amendments have been incorporated into the final BISMP 2013-17.

15. Approval is sought to adopt the Brisbane Invasive Species Management Plan 2013-2017 (Attachment B, submitted on file) as required under the Land Protection (Pest and Stock Route Management) Act 2002.

Consultation

16. Consultation has been undertaken with key internal and external stakeholders during the development of the BISMP. A list of the stakeholders engaged in this process is provided in Section 2.4 of the BISMP (Attachment B, as submitted on file).

Financial impact

17. It is expected that the plan will have no financial impact. Some new pest species have been listed for control in the plan. However, the obligation to control some existing, widespread species has been reduced, thereby negating any additional cost in managing newly listed species.

Urgency

18. The current BISMP 2007-11 has expired and it is important that the new BISMP is adopted in order to ensure that Council complies with its obligations under the LP Act (Part 4).

19. The Divisional Manager therefore recommends that Council resolve as per the draft resolution in Attachment A hereunder and the Establishment and Coordination Committee agreed at its meeting held on 21 January 2013.

20. RECOMMENDATION:


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THAT COUNCIL APPROVE THE DRAFT RESOLUTION IN ATTACHMENT A, HEREUNDER.

Attachment ADraft resolution

THAT—

As:(a) Under the Land Protection (Pest and Stock Route Management) Act 2002 (“the Act”),

COUNCIL IS REQUIRED TO HAVE A PEST MANAGEMENT PLAN AND RENEW IT AT LEAST EVERY FOUR YEARS.

(b) COUNCIL ADOPTED ITS CURRENT PEST MANAGEMENT PLAN, called the Brisbane Invasive Species Management Plan 2007-11 on 4 December 2007.

(c) A new plan to be called the Brisbane Invasive Species Management Plan 2013-2017 has been prepared according to the requirements of the Act.

(d) Public consultation was carried out between 12 November 2011 and 12 December 2011 and amendments made in response to submissions.

(e) On 27 February 2012 Establishment and Coordination Committee approved the plan to be submitted to the then Minister for Agriculture, Food and Regional Economies for consideration under the Act.

(f) On 3 September 2012 the Minister for Agriculture, Fisheries and Forestry advised that Council may by resolution adopt the plan.

(g) The Minister requested that prior to its adoption, the plan be amended to include technical amendments suggested by the South East State Interest Check Panel, and the plan has been amended accordingly.

THEN—

Under section 30 of the Land Protection (Pest and Stock Route Management) Act 2002 COUNCIL ADOPTS THE BRISBANE INVASIVE SPECIES MANAGEMENT PLAN 2013-17 AS ITS PEST MANAGEMENT PLAN, AS SET OUT IN ATTACHMENT B (submitted on file).

ADOPTED

C SUB-LEASE FOR STATE EMERGENCY SERVICE DEPOT AT TANGALOOMA RESORT, MORETON ISLAND112/445/444/377

396/2012-1321. The Divisional Manager, Brisbane Lifestyle, provided the following information.

22. The Moreton Island State Emergency Service (the SES Group) has 55 members and is the most active SES Group in terms of activations and call outs within the Brisbane City State Emergency Service Unit (BCSESU). The SES Group are often called upon to search for missing people and vessels in and around the island, assist the islands ambulance paramedics and assist the National Parks and Wildlife Service staff in times of bushfires and other emergencies.

23. The SES Group is currently located at the southern end on a portion of beachfront land owned by the Queensland Government and leased to Tangalooma Resort (the Resort).

24. The owner has been very supportive of the group to date. However, as the SES Group’s shipping containers are located on prime beachfront land, the owner has requested that the


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SES Group consider a lease arrangement to rehouse the Group. This included an offer to Council to lease a block of land behind the main resort with direct access to the Tangalooma by-pass road.

25. As the land is owned by the Queensland Government, Council will, as part of finalising the arrangement, seek approval from the Department of Natural Resources and Mines to sub-lease the land following approval from Council. If approval is granted from the department, a development assessment application will be lodged to commence construction of the building. Indicative plans of the proposed depot are set out in Attachment B, as submitted on file.

26. Approval is now sought to enter into a sub-lease over land at Tangalooma Resort, Moreton Island, for the purpose of a State Emergency Service depot in accordance with the provisions of the sub-lease term sheet as set out in Attachment A hereunder, and otherwise of terms and conditions satisfactory to the Manager, Asset Portfolio Management and the Chief Legal Counsel, Brisbane City Legal Practice.

Consultation

27. The following customer groups have been identified as being affected by this submission:- existing and new SES members - local residents – the construction of a new SES depot will enhance the response times on

Moreton Island to the local community in times of disasters and emergencies.

Financial impact

28. The initial payment of $150,000 is covered by Program 6 Public Health and Safety, and the ongoing rental costs will be covered through the Operational Property Management, Asset Portfolio Management base budget. This initial payment is a contribution towards the fit-out costs to construct the building.

29. The Divisional Manager recommends as follows and the Committee agreed at its meeting held on 21 January 2013.

30. RECOMMENDATION:

THAT COUNCIL APPROVE ENTERING INTO A SUB-LEASE OVER LAND AT TANGALOOMA RESORT, MORETON ISLAND FOR THE PURPOSE OF A STATE EMERGENCY SERVICE DEPOT IN ACCORDANCE WITH THE PROVISIONS OF THE SUB-LEASE TERM SHEET AS SET OUT IN ATTACHMENT A AND OTHERWISE OF TERMS AND CONDITIONS SATISFACTORY TO THE MANAGER, ASSET PORTFOLIO MANAGEMENT AND THE CHIEF LEGAL COUNSEL, BRISBANE CITY LEGAL PRACTICE.

Attachment A

Lease Terms Sheet / Sub-Lease DetailsSES Headquarters at Tangalooma Island Resort, Moreton Bay

SUB-LEASE DETAILS

REAL PROPERTY DESCRIPTION (SITE) DES in Lot 25 on SP237385

PREMISES Sub-Leased area DES

SUB-LESSOR Tangalooma Island Resort Pty Ltd

SUB-LESSEE Brisbane City Council


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SUB-LEASE COMMENCEMENT DATE Subject to Development Application approval

TERM 10 years

OPTION TERMS 3 x 10 years

RENTAL $100,000 per annum (plus GST) for the first 10 years with no rental adjustments.$1.00 per year, if demanded, for the remaining 30 years.

OUTGOINGS 100 per cent proportion relating to the services to the site.

RENTAL REVIEW Nil.

PERMITTED USE SES Headquarters, sleeping quarters, storage and parking as required.

SPECIAL CONDITIONS 1. In addition to the Rental per annum, in the first year, an initial payment of $150,000 subject to:

(a) Satisfactory Sub-Lease conditions (e.g. Development Approval, Resource Entitlement, Department of Natural Resources and Mines approval).

(b) Execution of the Sub-Lease.

2. The Sub-Lessor will construct the building to mutually agreed plans, including a written guarantee to cover any structural issues. (Indicative Plans in Attachment B submitted on file).

3. In the first 10 years, the Sub-Lessor is responsible for all capital repairs and maintenance, except fair wear and tear.

4. From the commencement date of the 11th year and onwards, the ownership of the building will be transferred to Council for $1.00 if demanded and Council will be responsible for all capital repairs and maintenance.

5. Subject to Council’s delegate approval, and the terms of the Sub-Lease being acceptable to Council and the Chief Legal Counsel.

ADOPTED

D YERONGA SWIMMING POOL LEASE MULTI-LEVEL SPORTS MANAGEMENT PTY LTD112/445/302/54

397/2012-1331. The Divisional Manager, Brisbane Lifestyle, provides the following information.

32. The current lease of the Yeronga Swimming Pool is for a term of 15 years from 1 July 2004 to 30 June 2019 with Multi-Level Sports Management Pty Ltd (the tenant). During the period of the existing lease, the tenant has grown patronage to levels where the venue has reached maximum capacity during the past two years.

33. The pool is the strongest performing of the current Council pool portfolio. In a record 2011-2012 financial year, where the attendance numbers at the 20 Council pools exceeded 1,794,500 patrons, Yeronga Pool accounted for almost 12 per cent. Attendance at the pool has


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increased significantly since the lease commenced.

34. Aside from the issues with capacity at the Yeronga Pool, the current 25 metre pool on site is in need of major repair and preferably replacement. Estimations from contractors, to keep this pool operational for the medium term, exceed $250,000 with the replacement of this pool to exceed $1.2 million.

35. To address the capacity issue, the tenant has proposed that the current lease be surrendered and they be granted a new lease. The proposed terms of the new lease are set out in Attachment A below, which includes a further $800,000 capital investment by the tenant to construct a gymnasium and other improvements. The tenant is not prepared to surrender the current lease before it expires unless a new lease is negotiated.

36. Based on previous tendered responses for similar aquatic facilities and current market conditions it is highly unlikely that any open market tenders would attract capital upgrade proposals to the value of $2 million as proposed by the current tenant.

37. Given the tenant’s expertise and knowledge of the tenant of the pool they operate, City Venues is highly supportive of the proposal. The upgrade proposal will benefit the local community by providing more swimming areas, additional aquatic and fitness program, and delivering better and more diverse assets for Council.

38. As the pool is on land under a trust agreement with the State Government, the lease will be sent to the Minister for Environment and Heritage Protection for approval prior to the commencement of the new lease.

39. It is therefore recommended that Council approve the surrender of the current lease at the Yeronga Swimming Pool and enter into a new 23 year lease with Multi-Level Sports Management Pty Ltd. It is proposed to apply the standard terms and conditions of Brisbane City Pool leases and otherwise on terms and conditions acceptable to the Branch Manager, Community Lifestyle, and the Chief Legal Counsel, Brisbane City Legal Practice and subject to approval by the Minister for Environment and Heritage Protection.

Financial impact

40. Based on forecasts of 10 per cent gross revenue, and taking into account the reimbursement of capital costs by Council, it is estimated that rental returns will start from approximately $20,000 in year one and increase each year to approximately $300,000 by year 10. Rent will continue to increase after year 10 and capital cost reimbursements will not apply, resulting in significant returns.


42. RECOMMENDATION:

IT IS THEREFORE RECOMMENDED THAT COUNCIL APPROVE THE SURRENDER OF THE CURRENT LEASE AT THE YERONGA SWIMMING POOL AND ENTER INTO A NEW 23 YEAR LEASE WITH MULTI-LEVEL SPORTS MANAGEMENT PTY LTD. IT IS PROPOSED TO APPLY THE STANDARD TERMS AND CONDITIONS OF BRISBANE CITY POOL LEASES AND OTHERWISE ON TERMS AND CONDITIONS ACCEPTABLE TO THE BRANCH MANAGER, COMMUNITY LIFESTYLE, AND THE CHIEF LEGAL COUNSEL, BRISBANE CITY LEGAL PRACTICE AND SUBJECT TO APPROVAL BY THE MINISTER FOR ENVIRONMENT AND HERITAGE PROTECTION.


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Attachment AProposed terms of new lease

The current tenant has proposed that a new lease be renegotiated on the following terms:

- For a term of 23 years

- The tenant will fund the $1.2 million pool replacement

- The tenant will invest a further $800,000 to construct a gymnasium and other improvements

- The tenant will pay rent of 10% of Gross Revenue (as “Rent”)

- Council to reimburse 90 per cent of the $2 million capital costs to the tenant. This will total $1.8 million and will be paid over the first 10 years of the leased period; $180,000 per annum. The annual capital reimbursement will be taken from the rent payable by the tenant. The $180,000 per annum will not exceed the rent payments made by the tenant to Council over the first 10 years of the lease. There will be no further capital reimbursements made to the tenant after the first 10 years of the 20 year lease period.

- The tenant to maintain all capital improvements

- The tenant to pay all outgoings including electricity

- Council to pay water, chemical and structural maintenance costs (of existing assets only) as per the current arrangements

- An approved development application and feasibility study will be completed at the cost of and by the tenant prior to any development taking place.

ADOPTED

E NEWMARKET SWIMMING POOL LEASE - ROBERT MILLER AND VICKI MILLER112/445/302/53

398/2012-1343. The Divisional Manager, Brisbane Lifestyle, provided the following information.

44. The current lease of the Newmarket Pool is for a term of 11 years, commencing on 1 July 2004 and concluding on 30 June 2015. During the period of the existing lease, Robert and Vicki Miller (the tenant) have grown patronage to levels where the venue has reached maximum capacity during the past two years.

45. The pool is amongst the strongest performing of the current Council pool portfolio. In a record 2011-2012 financial year, where the attendance numbers at the 20 Council pools exceeded 1,794,500 patrons, Newmarket Pool accounted for almost 9 per cent. Attendance at the pool has increased significantly since the lease commenced.

46. To address the capacity issue the tenants have proposed that, the current lease be surrendered and they be granted with a new lease. The proposed terms of the new lease are set out in Attachment A. The tenants are not prepared to surrender the current lease before it expires unless a new lease is negotiated.

47. The new lease proposes $2 million in capital improvements, including a heated indoor


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swimming pool. Currently this venue does not operate for two to three months over the winter period due to minimal heated water currently provided at the venue. This additional swimming pool will allow for the majority of the capacity issues to be addressed and will ensure that this venue remains operational 12 months of the year.

48. Based on previous tendered responses for similar aquatic facilities and current market conditions, it is highly unlikely that any open market tenders would attract capital upgrade proposals to the value of $2 million as proposed by the current tenant.

49. Given the expertise and knowledge of the tenant of the pool they operate, City Venues are highly supportive of the proposal. The upgrade proposal will benefit the local community by providing more swimming areas, additional aquatic and fitness type program, and delivering better and more diverse assets for Council.

50. As the pool is on land under a trust agreement with the State Government, the lease will be sent to the Minister for Environment and Heritage for approval prior to the commencement of the new lease.

51. It is therefore recommended that Council approve to the surrender of the current lease at the Newmarket Pool and enter into a new 20 year lease for the Newmarket Pool with Robert Miller and Vicki Miller on the standard terms and conditions of Brisbane City Pool leases and otherwise on terms and conditions acceptable to the Branch Manager, Community Lifestyle and the Chief Legal Counsel, Brisbane City Legal Practice and subject to approval by the Minister for Environment and Heritage Protection.

Financial impact

52. Based on forecasts of 10 per cent gross revenue and taking into account the reimbursement of capital costs by Council, it is estimated that rental returns will start from approximately $10,000 in year one and increase each year to approximately $250,000 by year ten. Rent will continue to increase after year 10 and capital cost reimbursements will not apply resulting in significant returns


54. RECOMMENDATION:

IT IS THEREFORE RECOMMENDED THAT COUNCIL APPROVE THE SURRENDER OF THE CURRENT LEASE AT THE NEWMARKET POOL AND ENTER INTO A NEW 20 YEAR LEASE FOR THE NEWMARKET POOL WITH ROBERT MILLER AND VICKI MILLER ON THE STANDARD TERMS AND CONDITIONS OF BRISBANE CITY POOL LEASES AND OTHERWISE ON TERMS AND CONDITIONS ACCEPTABLE TO THE BRANCH MANAGER, COMMUNITY LIFESTYLE AND THE CHIEF LEGAL COUNSEL, BRISBANE CITY LEGAL PRACTICE AND SUBJECT TO APPROVAL BY THE MINISTER FOR ENVIRONMENT AND HERITAGE PROTECTION.

Attachment A

Proposed terms of new lease

The current tenant has proposed that a new lease be renegotiated on the following terms:

- For a term of 20 years


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- The tenant to fund $2 million in capital improvements to the venue including:- Heated indoor swimming pool (13 metres x 20 metres)- Crèche- Gymnasium and sports hall

- The tenant will pay rent of 10 per cent of Gross Revenue (“Rent”)

- Council to reimburse up to 90 per cent of the $2 million capital costs to the tenant. This will total $1.8 million and will be paid over the first 10 years of the leased period; $180,000 per annum. The annual capital reimbursement will be taken from the Rent payable by the tenant. The $180,000 per annum will not exceed the Rent payments made by the tenant to Council over the first 10 years of the lease. There will be no further capital reimbursements made to the tenant after the first 10 years of the 20 year lease period.

- The tenant to maintain all capital improvements and all existing capital improvements made under the current lease.

- The tenant to pay all outgoings including electricity.

- Council to pay water, chemical and structural maintenance costs (of existing assets only) as per the current arrangements.

- An approved Development Application (DA) and feasibility study will be completed at the cost of and by the Tenant prior to any development taking place.

- An Agreement to Lease be entered into for the lease to commence upon DA approval.ADOPTED

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL:

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 setting out the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13, on matters usually considered by the Neighbourhood Planning and Development Assessment Committee, be noted.

Chairman: Is there any debate? Councillor NEWTON.

Councillor NEWTON: Yes, thank you very much, Madam Chair. I rise to speak briefly on items B and C of this report and note my support for both of the recommendations as having been consulted as a local councillor.

Firstly with respect to item B and let me say, Madam Chair, there's nothing more exciting than having the proposition of McDonald's wanting to set up business in your local area to generate a great deal of debate in your community. This particular petition is a reflection of that, Madam Chair.

McDonald's has been wanting to establish a business in the Sandgate area for at least 10 years now and it seems that they have settled on a site that is actually zoned multi-purpose centre three, which is actually land zoned for that particular use and that particular purpose, Madam Chair.


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As yet, McDonald's have not lodged an application with Council so a lot of the detail about that application is yet unknown, Madam Chair. But to assist locals, I have asked whether they're for, against or indifferent. I organised a forum last week to enable locals to ask some questions of McDonald's, get some information about what the proposal was about.

I'm really pleased to see that there was staff from the LORD MAYOR's office, and Councillor COOPER's office, that came along as well, which was great to have their support for the forum too. But, Madam Chair, there are some really serious issues that locals have raised with respect to this application. Some of them are town planning matters that the officers will be able to consider. Others fall outside their realm.

But can I say, Madam Chair, as local councillor, I will be continuing to work with the local community, whether you're for or against or indifferent because there's strong feelings and strong emotions either way. Some people that it's a completely inappropriate development because of its location near local school. They're concerned about the impact on local kids. Others are concerned because they live nearby and McDonald's is proposing a 24-hour operation and they're worried about their local amenity.

As local councillor, I'm certainly putting my energy in to try to work with McDonald's and Council planners, once the application is indeed lodged, to see what we can do to address concerns from local residents, because as I've mentioned, the land is actually zoned as an appropriate zoning for a business such as a McDonald's.

So my job is to make sure that we do whatever we can to deal with the issues, including traffic, noise, light, issues resulting in relation to also the management of the site, which will be in negotiation with whoever is running the store, once it's completed.

So, Madam Chair, I wish the community well in continuing a very vigorous debate on this issue. Last Wednesday, we had protestors with placards through to people supporting it, saying it will be the best thing since sliced cheese. So I certainly enjoy a very active and vibrant community and I'm really proud that people are taking an interest in what is shaping their area.

Madam Chair, in relation to item C, this is in response to a petition that I initiated to show support for councils who refuse demolition of a heritage building in Shorncliffe, Madam Chair. This particular site at 52 Pier Avenue forms part of the school grounds of St Patrick's College but unlike the adjoining properties at 42 and 47 Pier Avenue, this had actually not been part of the school community use zoning.

That's important, Madam Chair, because there were a number of shops along that location that were identified during the Sandgate Local Area Plan process as meriting protection through Council's heritage register and indeed you will note if you look up the Council's heritage register, it talks about this particular street, Pier Avenue or once was actually Kate Street. A number of streets have changed names in the area. There is a Kate Street, Shorncliffe, but it is not this particular street.

But, Madam Chair, this was a real hub for that particular community. There were butcher shops there, there were grocery stores there. So these buildings were identified as significant, not just from a structural point of view in terms of the visual heritage amenity that they provided on the streetscape but also because it was part of the history of the use of the land on that site and that's why these three buildings were protected.

Sadly, due to changes in the Sustainable Planning Act in early 2012 by the previous Labor Government, which in an effort which it tried to make things easier for schools to be able to do construction works to adapt to Year 7 going to high school, meant that these sorts of requirements on the Heritage Register; properties which were on school zoning did not have to go through Council for approval.


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So despite the fact St Patrick's had tried previously to demolish these three buildings and Council stood firm against their application, which I'm very pleased to see, sadly because of those changes from the previous Labor Government, we lost 42 and 46 Pier Avenue. So that was really devastating for the local community and locals feel very strongly about retaining this last building, Madam Chair.

So I'm pleased to see that Council has stood firm and stood by its previous assessments. This is an important building in terms of local history and also in terms of it being a heritage structure. I'm disappointed to see that the school is taking this matter to the Planning and Environment Court rather than doing what I had urged them to do, which is to try to find a way to incorporate this important heritage building into their future plans for that site, which I'm sure could be done and can be done cleverly.

So, Madam Chair, I guess we wait to see what the outcome will be from that particular process but as I've said to the school directly I don't support their plans to demolish on that site. There are other heritage listed buildings on their grounds and locals were very concerned about the future of those ones. But I'm pleased to see, Madam Chair, that Council's planning team has continued to stand strong and we await the outcome of the appeal process.

Chairman: Further debate? Councillor ABRAHAMS.

Councillor ABRAHAMS: Thank you, Madam Chair. Madam Chair, I'd like to speak on C, D and E. Just following on from Councillor NEWTON, I acknowledge that Council has rejected the application for the demolition of the heritage shop and resident at 52 Pier Avenue, Shorncliffe and that it is before the court.

But I urge Councillor COOPER and the LORD MAYOR to ensure that Council remains resolute in the court. There is, within the development community, a real concern that while Council initially rejects applications for demolition, that very rapidly in the court negotiations, there is an about turn. Now, I am repeating what developers have said to me in my area. I need, I think, further information to totally confirm it though there is beginning to be a trend, in my opinion, and therefore it is important that Council remains resolute in their opposition throughout the court process.

I actually request that Councillor COOPER give a final summary to the Neighbourhood Planning committee on the court case in this particular instance.

Item D is relating to 12 storeys in what were seven storeys in the South Brisbane Riverside Neighbourhood Plan in the Riverside South Precinct. Everybody in this Council Chamber knows of my opposition to that rise. Everybody in this Chamber knows the opposition of the community to that high level.

They reject the basis of this response to a petition which is there had been enough consultation so with a new State Government and a new Council; we were able to with the passing of the pen, the signing of a letter, simply change the heights. It is important every time this comes to the Council and every development that comes to this Council, I will raise the point that that rationale is totally rejected by the community.

The final one that I'd like to comment on relates to the streetscape in Park Road Milton. This is an interesting story because it is a story. I believe it sets a precedent and that being that funds are raised from whatever external source are spent by Council to undertake Council capital work improvements, even though those improvements were not consistent with an overall strategic approach to Council’s capital expenditure.

So this proposal is a SCIP (Suburban Centre Improvement Projects). The improvements that are proposed for Park Road Milton did not comply with the SCIP guidelines, was rejected as a SCIP project but as the funds had been secured, and I certainly acknowledge it was quite an achievement by the Member of Parliament, Saxon Rice, to actually deliver these funds; they are going to be spent on a streetscape improvements.


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Now, this is pretty extraordinary because that means that any of the councillors that get funding, either from a State member or a Federal member, then knocks on the door of Field Services and says hey, we want that money spent in this area in our ward, irrespective of what may be a priority for Council in its expenditure in the budget.

The logical extension, further from that, is in traffic calming; and as there is so little traffic calming being funded. Many councillors would have the situation where residents would say we will pay for the traffic calming outside our property. That is raised frequently with me and it is an issue that has opened up the Pandora's Box by this decision here in this area because you start with street improvements. There's not much difference to get to kerb build outs and planting within kerb build outs in the name of traffic calming.

So I would like some comment on this and if it is going to continue, we need a very transparent policy so we know exactly what this administration is doing because we've gone a long way from what I understand has been the answer to funding from external sources.

Chairman: Further debate? Councillor MATIC.

Councillor MATIC: Thank you, Madam Chairman. I rise to speak and speak to item E in the petition itself and to follow on from some of the comments from Councillor ABRAHAMS in respect to it. I think, Madam Chairman, without having the necessary background, Councillor ABRAHAMS has misunderstood the $300,000 contribution by the Member for Mount Coot-tha, Saxon Rice, towards these beautification projects.

Firstly, Madam Chairman, in respect of those moneys, there was an election commitment made by the state government and by Saxon Rice as the candidate at that time to look at improvements within our suburban business precincts, such as Rosalie Village and Milton, in her electorate, for example. There was an election commitment made by the government at the time to look at specific projects of improvement and to work in conjunction with local traders in looking at those opportunities.

Madam Chairman, Saxon Rice was able to secure those funds and when the government was successful in its election bid that money was provided through that election commitment. What, of course, the State member is wanting to do is work in conjunction with Council for the expenditure of that $300,000 and in consultation with local traders, Madam Chairman, for those moneys.

What Councillor ABRAHAMS is talking about is not clearly showing an indication or an understanding of what that moneys was. As I said, Councillor ABRAHAMS doesn't have the background in respect of what the State Government—

Chairman: Order! Councillor ABRAHAMS.

Councillor MATIC: But what Councillor ABRAHAMS clearly fails to understand is that this is not a precedent, Madam Chairman, that's being set in respect of what these petitions are. The petitions that were put forward were brought so by the traders themselves, Madam Chairman, in wanting to provide opportunities to improve their precinct. As the local councillor, I wholly and fully support the traders in wanting to do that, Madam Chairman, as this is an opportunity to improve the economic development of their particular precincts and I strongly support the recommendation and thank officers for their investigation of the issue and importantly the support of Councillor COOPER, in respect of her consideration of this petition response, Madam Chairman, and putting Park Road, Milton, on a SCIPS list for future consideration.

That, Madam Chairman, is a good and positive response by this administration in understanding the needs of traders to continually to refresh, keep their precincts interesting and exciting for the continued development of their businesses and making sure that they get the kind of patronage that they need, Madam Chairman, to be successful.


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The issue of the $300,000 by the St ate member and the election commitment by the State Government is completely separate to this, Madam Chairman, because those moneys are spent independently and are outside of what is proposed in any future development of the SCIP. Hopefully at some point in the future, Madam Chairman, traders can be approached on and then after that, Madam Chairman, the lengthy process of discussion and negotiation in respect of that.

So this is a great outcome, Madam Chairman, for local traders and I certainly look forward to working with them at a future date when that SCIP opportunity is presented to them.

Chairman: Further debate? Councillor DICK.

Councillor DICK: Well, thanks, Madam Chair. I wasn't going to enter the debate but after that I will speak on item E. Councillor MATIC just said this is a great result. Well, the petitioners want the action taken and you're not doing it. How is that a good result, which you're going to list it for future improvement as part of the SCIP program?

Well, Councillor MATIC, if you think that's a good result and if it's nothing to do with the $300,000 from Saxon Rice, why is that in the report? That's the question. Now, that's a reasonable point that if that money is completely separate to Council, it was an election commitment, well, good on Saxon Rice for allocating—

Councillor MATIC: Point of order, Madam Chairman.

Chairman: Point of order against you, Councillor DICK. Yes, Councillor MATIC.

Councillor MATIC: Claim to be misrepresented.

Chairman: Thank you.

Councillor DICK: Well, I didn't mention Councillor MATIC. I was talking about the fact—

Chairman: Order!

Councillor DICK: —that in this report, it says that the State Member for Mount Coot-tha, Mrs Saxon Rice, has secured $300,000 towards the beautification of Rosalie Village and Park Road Milton. But listening to Councillor MATIC, if she'd secured $3 million or $30 million, well, that's got nothing to do with this report. So why is it in this report today if it's about the petition?

So I don't understand, Madam Chair, by listening to Councillor MATIC go around the world about this particular item; about how he wants to be congratulated for not doing what the petitioners, his own traders, want. I tell you what. If the traders came to me and said well, we want Council to improve a local shopping centre and I championed their cause and the Council said no, well, we're not going to do it, we're going to put it on the never-never list, well, I wouldn't think that was a good result at all.

I would think that going back to those traders and saying look, I know you wanted Council to do it but we're not doing it and then for good measure, we've got $300,000 towards the beautification of Rosalie Village and Park Road, Milton. So that's happening separately to anything to do with this petition.

So perhaps we can get some clarification from the Chair, who didn't speak on these items at all at the beginning of the report, I wonder why, that we actually get an explanation about why that's in the report, first of all, if it's got nothing to do with it and it's completely separate, as we just heard from Councillor MATIC, why that's in the report and second of all, why the LNP thinks it's a great result that even though the traders want Council to take action, they're not doing what they want.

Chairman: Further debate? Councillor JOHNSTON.

Councillor JOHNSTON: Yes, Madam Chairman. Just briefly on item E. I note the extraordinary precedent that's now been set with Council's action, with respect to this petition, Madam


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Chairman. That appears to be that this Council will now implement funding that's been provided by another level of government as a matter of course, Madam Chairman.

That certainly appears to have been what's happened here based on item E. Saxon Rice, the member for Mount Coot-tha, secured $300,000 of government funds towards the beautification of Rosalie Village and Park Road, Milton, Madam Chairman. Then Council entered into a memorandum of understanding to provide beautification works to Rosalie Village and Park Road, Milton to the value of these funds.

Now, Madam Chairman, that's excellent, excellent. It's a very creative arrangement by this Council. So the State Government is going to provide the funding and this Council is going to deliver the project. Now, Madam Chairman, that is—yes, absolutely.

Chairman: Councillor ABRAHAMS, you've had your say.

Councillor JOHNSTON: Yes. Well, it's a good interjection, Madam Chairman, it's a reasonable one. Regardless of priority, every councillor in this place should be concerned about this announcement because it means that if the State Government or the Federal Government gives a councillor some money; or a State member or a Federal member some money, sorry, that's going to jump the queue and get delivered immediately while all of our requests languish at the back of the queue.

Now, Madam Chairman, I'm very interested in the precedent that has been set here. I presume, I presume, that the same precedent will now be used to the benefit of other councillors whose State and Federal members secure funding for them, for their areas, and that this Council will also hop to it in less than a year, in less than a year. So we're saying Saxon Rice, as Councillor MATIC outlined, has secured this as part of an election commitment.

That's less than a year ago. So less than a year ago, she's got the money in the budget where pretty much everything got cut but she got $300,000 put on it. She must have Cammy's ear, so that's lovely.

But, Madam Chairman, $300,000 but the budget was announced in September, the State Budget. What are we now? January? January, four months? Four months, this Council has hopped to it and is delivering $300,000 of beautification works, four months. Now, I don't think there's a single councillor in this place that doesn’t have a long list of projects they'd like to have funded that stretches out from here to here that we've been waiting on, Madam Chairman.

So I'm very interested in the way in which this work has been prioritised. I note that it sets an excellent precedent for other councillors in the future. I'm going to frame this and hang it above my office. So, Madam Chairman, should my federal member or state member secure funding that can be delivered by this Council, it will be done within four months as a matter of priority and I'm going to start lobbying them a bit harder, I might say.

Well, no, but the other one they do so it's all right, you know. But interestingly enough, as it turns out, I hope the most marginal Federal member in Queensland representing my area and he seems to be able to put his hands on some money and one thing he has promised to look into is a local project in my ward. I can tell you I'll be telling him about this, so we can get that funding invested and spent and delivered within four months, just like they can over in Milton.

Chairman: Further debate? Councillor COOPER

Councillor COOPER: Thank you very much, Madam Chair.

Chairman: Sorry, just a moment. Councillor MATIC claimed a misrepresentation.

Councillor MATIC: Sorry, Madam Chairman. Just quickly. Councillor DICK said that I said that the moneys would be expended for the SCIP and the $300,000 at the same time, Madam Chairman. I clearly said that $300,000 expenditure was totally separate to the SCIP and that that would be done if we're successful in due course.


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Chairman: Thank you, Councillor COOPER.

Councillor COOPER: Thank you, Madam Chair. Madam Chair, Councillor NEWTON jumped up and said that she had had an exciting meeting about McDonald's the other day. So we do note that there is now an application currently lodged with Council.

In relation to the comments made by Councillor ABRAHAMS, she said that she, of course, has her position which we've discussed on a number of occasions relating to item D, that particular petition. But clearly, Madam Chair, if there has been a direction from the Minister that this may be done, that Council has gone through all due process and is thereby complying with his direction as we should, Madam Chair.

In relation to item E, a petition that's excited a number of people in the Chamber today, I would like to say that clearly Councillor MATIC is very well aware of the fact that he has a very active State member who has worked very hard on behalf of her constituents to get money—it is always good to see people who are actually doing things for their constituents, Madam Chairman, and has secured funding which—

Chairman: Order!

Councillor COOPER: —and has secured funding which Council will be administering. Madam Chair, it is not anything remarkable to see Council taking money from other levels of government, always happy—I know the Finance chair is delighted to receive money from other levels of government. I know we've had a contribution for Legacy Way from the Federal Government, Madam Chair. We get money through the secret bikeway funding regime. I know it's quite a shock apparently to those on the other side of the Chamber to see that other levels of government—

Chairman: Order!

Councillor COOPER: —supply—I also note black spot funding, Madam Chair, where we again receive some Federal funding for different—I know, but according to those on the other side of the Chamber, Madam Chair, that is an outrage. I also note there are some councillors who apparently don't think that the SafeST program is a good one where we receive State funding to support other projects that we do to improve—

Chairman: Order! Councillor MATIC.

Councillor COOPER: —to improve our—

Chairman: Order!

Councillor COOPER: —to improve, yes, amenity to improve the neighbourhoods that our constituents live in. So, Madam Chair, there is no precedent. This is an opportunity where certainly there has been a very active local State member who has secured funding, has sought Council's support to deliver that funding and we have worked with her and we always encourage people to contribute funds towards Council to deliver great outcomes for all suburbs in this city.

I think that all State members should consider, and Federal members perhaps could consider, if they could do such a thing that that would be a highly valuable contribution that they might make to Brisbane. I don't think in any way, shape or form that that is a bad outcome, Madam Chair.

There was a claim that this was setting a precedent, Madam Chair. Completely unfounded as proven and I think, Madam Chair, that it's good to see councillors congratulating officers for their diligence. Perhaps councillors shouldn't be making satirical comments in this Chamber. They should be genuine in saying this is a job well done by council officers.

I believe it's a great outcome. I also note Councillor MATIC was 100 per cent right in saying Council did not say no to this petition. Certainly what they have done, there was specifically in the recommendation, despite Councillor DICK saying it was on the never-never list, doom and gloom from Councillor DICK, it


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actually has been included in the list of potential SCIP projects, Madam Chair.

This is a great outcome. This is specifically being requested. If Councillor DICK actually read the petition, the petition talks about the funding that has been secured by the State member. So that's specifically in the petition. That is why it is being responded to as part of the response to the petitioners but it also does seek for this to be considered for future inclusion. That has been able to be achieved.

I thank the local councillor. I thank the State member for being active and representing their constituents. Thank you.

Chairman: I will put the motion for this report.

Upon being submitted to the Chamber by the Chairman, the motion was declared carried on the voices.

The report as follows

A PETITION – OBJECTING TO THE PROPOSED MULTI-UNIT DEVELOPMENT AT 66 LAMINGTON AVENUE, LUTWYCHECA12/414358

399/2012-131. A petition from residents of Brisbane, objecting to the proposed multi-unit development at

66 Lamington Avenue, Lutwyche, was presented to Council at its meeting of 4 September 2012 by Councillor Fiona King and received.

2. The Manager, Development Assessment branch, City Planning and Sustainability Division, provided the information below.

3. The petition contains 15 signatures and is objecting to the proposed multi-unit development at 66 Lamington Avenue, Lutwyche. In particular, the petition raised concerns with the lack of community consultation and possible impacts of a proposed development on adjoining properties in Lamington Avenue.

4. The site at 66 Lamington Avenue is included in the High Density Residential Area under the Brisbane City Plan 2000 (City Plan) as well as the Lutwyche Centre - Corridor Residential Sub-precinct in the Lutwyche Road Corridor Neighbourhood Plan. The Corridor Residential Sub-precinct is intended to accommodate high density residential uses that take advantage of the superior accessibility to public transport and high level of amenity afforded in this area.

5. The Lutwyche Road Corridor Neighbourhood Plan came into effect in September 2010 after extensive consultation with the local community. The neighbourhood plan was developed over three years from 2007 to 2010. This process involved community engagement at key planning stages to provide the opportunity for community feedback, including the public notification of the draft plan for 30 business days in November/December 2009.

6. As a result of this neighbourhood plan, area classification changes were made to numerous properties in the Lutwyche locality to align with the intent of the neighbourhood plan. This property at 66 Lamington Avenue was changed to a High Density Residential Area and the level of assessment for multi-unit developments was made code assessable where not exceeding the maximum gross floor area and building heights (1.5 times the site area), as specified in the neighbourhood plan. The site area for the property is 810 square metres. This makes the maximum gross floor area and building height for the location, 1215 square metres and five storeys.

7. Under the Sustainable Planning Act 2009 (SPA), a code assessment development application does not require any public advertising or consultation.

8. In February 2012, a code assessment development application was lodged with Council for a


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proposed multi-unit development consisting of 15 units (Application Reference number A003283130). This application was assessed against the relevant provisions in City Plan, the SPA, and, in particular, the neighbourhood plan. After negotiations with the applicant, the proposed multi-unit dwelling was approved by Council’s delegate on 28 May 2012. This approved development was considered to be consistent with the intent of the Lutwyche Centre - Corridor Residential Sub-precinct in the neighbourhood plan.

9. As part of Council’s assessment, the level of assessment for this application was confirmed as requiring code assessment based on its compliance with the maximum building height and gross floor area provisions in the neighbourhood plan. The approved development has a maximum building height of four storeys and maximum gross floor area of 1150 square metres. For this reason, this application did not require public advertising or consultation.

Consultation

10. Councillor Fiona King, Councillor for Marchant Ward, was consulted on 16 October 2012 and supports the Manager’s recommendation below.

11. The Manager recommended as follows and the Committee agreed at its meeting held on 21 January 2013.

12. DECISION:

THAT THE PETITIONERS BE ADVISED OF THE FOLLOWING:

(i) This property is included in the High Density Residential Area under the Brisbane City Plan 2000 (City Plan) as well as the Lutwyche Centre - Corridor Residential Sub-precinct in the Lutwyche Road Corridor Neighbourhood Plan.

(ii) The Lutwyche Road Corridor Neighbourhood Plan came into effect in September 2010 after extensive consultation with the local community. AS A RESULT OF THIS NEIGHBOURHOOD PLAN PROCESS, AN AREA CLASSIFICATION CHANGE WAS MADE TO THIS PROPERTY TO BE IN A HIGH DENSITY RESIDENTIAL AREA. ANY PROPOSED MULTI-UNIT DEVELOPMENTS IN THIS AREA TRIGGERS A CODE ASSESSMENT DEVELOPMENT APPLICATION WHERE NOT EXCEEDING THE MAXIMUM GROSS FLOOR AREA AND BUILDING HEIGHTS, SPECIFIED IN THE NEIGHBOURHOOD PLAN. UNDER THE SUSTAINABLE PLANNING ACT 2009 (SPA), A CODE ASSESSMENT DEVELOPMENT APPLICATION DOES NOT REQUIRE ANY PUBLIC ADVERTISING OR CONSULTATION.

(iii) IN MAY 2012, A CODE ASSESSMENT DEVELOPMENT APPLICATION WAS APPROVED BY COUNCIL FOR A MULTI-UNIT DEVELOPMENT CONSISTING OF 15 UNITS (APPLICATION REFERENCE NUMBER A003283130). THIS APPROVED DEVELOPMENT WAS CONSIDERED TO BE CONSISTENT WITH THE INTENT OF THE NEIGHBOURHOOD PLAN, INCLUDING THE MAXIMUM BUILDING HEIGHT/GROSS FLOOR AREA PROVISIONS.

(iiii) For more information about this development, details can be found on Council’s website at www.brisbane.qld.gov.au/pdonline, using the above reference number.

NOTED

B PETITION – OBJECTING TO A PROPOSED MCDONALD’S RESTAURANT AT 69 RAINBOW STREET, SANDGATECA12/523132


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400/2012-1313. A petition from residents of Brisbane, objecting to the proposed McDonald’s restaurant at

69 Rainbow Street, Sandgate, was presented to Council at its meeting of 6 November 2012 by Councillor Victoria Newton and received.

14. The Manager, Development Assessment branch, City Planning and Sustainability Division, provided the information below.

15. The petition contains 1021 signatures. The petitioners object to any future proposals for a McDonald’s restaurant at 69 Rainbow Street, Sandgate. In particular, the petition suggests that a proposed McDonald’s would not fit the character of the area. The petitioners allege that that there would be a significant increase in litter, crime, noise and traffic issues in the local area. Lastly, there are concerns about the increase in obesity rates and weight gains for school children, due to the close proximity of Sandgate State School to a fast food restaurant.

16. The petitioners request that Council rejects any future proposals for a McDonald’s restaurant in Sandgate.

17. The site at 69 Rainbow Street is included in the Multi Purpose Centre MP3 – Suburban Centre under the Brisbane City Plan 2000 (City Plan) as well as the Sandgate Town Centre precinct in the Sandgate District Local Plan. The intent for this area is to provide for a variety of centre activities including shops, offices, restaurant, community and residential uses.

18. Any proposed restaurant use on this site (such as a McDonald’s) would trigger a code assessment development application, which does not require any public advertising or consultation. Any such application would be assessed against the relevant provisions in the City Plan and the Sustainable Planning Act 2009.

19. Council does not have a current development application for a McDonald’s restaurant on this site.

Consultation

20. Councillor Victoria Newton, Councillor for Deagon Ward, was consulted on 12 December 2012 and supports the Manager’s recommendation below.

21. The Manager recommends as follows and the Committee agreed at its meeting held on 21 January 2013.

22. DECISION:


(i) This site is included in the Multi Purpose Centre MP3 – Suburban Centre under the Brisbane City Plan 2000 (City Plan) as well as the Sandgate Town Centre precinct in the Sandgate District Local Plan. The intent for this area is to provide for a variety of centre activities including shops, offices, restaurant, community and residential uses.

(ii) Any proposed restaurant use on this site (such as a McDonald’s) would trigger a code assessment development application, which does not require any public advertising or consultation.

(iii) COUNCIL DOES NOT HAVE A CURRENT DEVELOPMENT APPLICATION FOR A MCDONALD’S RESTAURANT ON THIS SITE.

NOTED


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C PETITION – OBJECTING TO A PROPOSAL TO DEMOLISH A HERITAGE SHOP AND RESIDENCE AT 52 PIER AVENUE, SHORNCLIFFECA12/508869

401/2012-1323. A petition from residents of Brisbane, objecting to the proposed application to demolish a

heritage-listed shop and residence at 52 Pier Avenue, Shorncliffe was presented to Council at the meeting of 30 October 2012 by Councillor Victoria Newton and received.

24. The Divisional Manager, City Planning and Sustainability, provided the information below.

25. The petition contained a total of 60 signatures.

26. The site is included on the Heritage Register under the City Plan, as a shopping precinct of local heritage significance. The site forms part of the St Patrick’s College school campus and is currently being occupied by a newsagency and residence. The surrounding area is comprised of a mix of pre-1946 and post-1946 buildings.

27. The application to demolish these heritage buildings was received by Council on 31 August 2012.

Consultation

28. Councillor Victoria Newton, Councillor for Deagon Ward, was consulted on 20 December 2012 and supports the Divisional Manager’s recommendation.


30. DECISION:


(i) THE APPLICATION WAS REFUSED ON 2 NOVEMBER 2012 AFTER BEING ASSESSED BY THE DEVELOPMENT ASSESSMENT NORTH TEAM AGAINST THE REQUIREMENTS OF THE BRISBANE CITY PLAN 2000 (CITY PLAN) AND IN ACCORDANCE WITH THE PROVISIONS OF THE SUSTAINABLE PLANNING ACT 2009 (SPA).

(ii) THE APPLICANT HAS LODGED AN APPEAL AGAINST THE REFUSAL WITH THE PLANNING AND ENVIRONMENT COURT OF QUEENSLAND ON 21 NOVEMBER 2012 (APPEAL NO 4566 OF 2012). PLEASE REFER TO THE COURT WEBSITE AT WWW.COURTS.QLD.GOV.AU FOR DETAILS AND APPOINTED TIMETABLE TO THIS MATTER.

NOTED

D PETITION – OBJECTIng TO INCREASED HEIGHT LIMITS IN THE SOUTH BRISBANE RIVERSIDE NEIGHBOURHOOD PLANCA12/437880

402/2012-1331. A petition from residents of Brisbane, objecting to a recent amendment to the South Brisbane

Riverside Neighbourhood Plan to increase building height limits up to 12 storeys at sites over one hectare in size in the Riverside South Precinct, was presented to Council at the meeting of 18 September 2012 by Councillor Helen Abrahams and received.


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34. The petitioners state that the increased height limit is not considered a ‘minor amendment’ and call for a formal consultation process with local residents prior to any changes being implemented that would increase density in the South Brisbane Riverside Neighbourhood Plan (SBRNP).

35. Council commenced strategic planning for the South Brisbane riverside area in 2008. After several years of consultation and drafting, the SBRNP was adopted by Council, and became effective in the Brisbane City Plan 2000 (City Plan), on 15 April 2011. Throughout these processes Council carried out extensive consultation both through informal consultation on the renewal strategy and formal consultation on the draft neighbourhood plan.

36. During the planning process, Council canvassed a broad range of public opinions over a number of years on the issue of building heights in the South Brisbane area.

37. Council proposed heights of up to 12 storeys for larger sites from early stages of the project; however, the previous Queensland Government directed Council to cap maximum building heights for this precinct at seven storeys. The new Queensland Government revisited this decision and is supportive of 12 storeys on sites of over one hectare.

38. Written advice was received from the Honourable Jeff Seeney MP, Deputy Premier and Minister for State Development, Infrastructure and Planning, that adequate consultation has been carried out over recent years on the proposed amendment with both the public and the Queensland Government. Therefore, an amendment to increase height limits was progressed through Council.

39. The consultation specifically canvassed the potential height limit of 12 storeys. As a result, the amendment to the height limit for larger sites in the Riverside South Precinct was considered a ‘minor amendment’ by the Minister. In accordance with the Sustainable Planning Act 2009, the proposed amendment does not require further public consultation. The relevant changes to the City Plan became effective on 15 October 2012.

40. The amendment will result in a balanced outcome of appropriate heights dispersed within the SBRNP area, and will support appropriate levels of growth in the area.

Consultation

41. The Councillor for the Ward of The Gabba, Councillor Helen Abrahams, has been consulted and does not support the recommendation below.


43. DECISION:

THAT COUNCIL NOT UNDERTAKE ANY FURTHER COMMUNITY CONSULTATION AS EXTENSIVE CONSULTATION HAS ALREADY BEEN COMPLETED FOR THIS PLAN.

NOTED

E PETITIONS – REQUESTING THAT COUNCIL ALLOCATE FUNDING TO BEAUTIFY THE STREETSCAPE AT PARK ROAD, MILTONCA12/509414 and CA12/532239


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403/2012-1344. Two petitions from residents of Brisbane, calling on Council to allocate funding towards the

streetscape beautification of Park Road, Milton, were presented to Council by Councillor Peter Matic. The petitions were presented at the meetings on 30 October 2012 and 6 November 2012 and received.


46. The two petitions contained a total of 206 signatures.

47. The petitioners have requested that Council beautify the streetscape at Park Road, Milton, by undertaking a Suburban Centre Improvement Project (SCIP), or use funds obtained through development levies toward the costs of the streetscape upgrade.

48. Mrs Saxon Rice MP, State Member for Mt Coot-tha, has secured $300,000 of Queensland Government funds towards the beautification of Rosalie Village and Park Road, Milton.

47. SCIPs are highly sought after, as they have a reputation of undertaking streetscape improvements that deliver more attractive, accessible, safe and commercially-viable suburban centres. SCIPs are delivered in partnership with property owners who pay a 10-year special Benefited Area Levy. SCIPs do not proceed without majority support from property owners in the centre.

48. Council has committed $26 million over four years for the upgrade of eight centres through the SCIP program. The list of centres is identified in the Brisbane City Council Corporate Plan 2012-13 to 2015-16. Park Road, Milton, is not included on this list.

49. It is therefore recommended that Park Road, Milton, be included on the list of centres to be investigated for future improvement as part of the SCIP program.

50. With regard to the funds secured by Mrs Saxon Rice MP, Council has entered into a Memorandum of Understanding to provide beautification works to Rosalie Village and Park Road, Milton, to the value of these funds.

51. Developments in the Milton area may have resulted in infrastructure charges being paid to Council; however, in accordance with Queensland Government legislation these monies are collected for the purpose of funding trunk infrastructure. The legislation does not consider streetscaping to be trunk infrastructure. Therefore, the development levies cannot be used for the costs of the streetscape upgrade.

Consultation

52. The Councillor for Toowong Ward, Councillor Peter Matic, was consulted on 13 December 2012 and supports the Divisional Manager’s recommendation below.


54. DECISION:

THAT THE PRINCIPAL PETITIONER BE ADVISED THAT IT IS RECOMMENDED THAT PARK ROAD, MILTON, BE INCLUDED ON A LIST OF CENTRES TO BE INVESTIGATED FOR FUTURE IMPROVEMENT AS PART OF THE SCIP PROGRAM.

NOTED


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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 setting out the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13, on matters usually considered by the Environment, Parks and Sustainability Committee, be noted.


Councillor BOURKE: Thanks very much, Madam Chairman. Madam Chairman, just very, very briefly. In terms of a portfolio related issue that I thought I'd just update the Chamber on, over the Summer Recess, Ken Fletcher Park was officially opened. The LORD MAYOR was down there with representatives from Tennis Queensland and members of the public, Madam Chairman, and we officially opened Ken Fletcher Park in time for the Brisbane International.

So highlighting a wonderful open space, once again, this administration getting on with the job, securing parkland and open space for our community, Madam Chairman, and also in this case acknowledging someone who's made a significant contribution to the City of Brisbane and obviously to the history of this city.

So it was great that the LORD MAYOR had that opportunity, Madam Chairman, and for those of you who haven't been out to have a look at Ken Fletcher Park, I can encourage you to go. It has some wonderful facilities and some really funky play equipment actually. I know Councillor KNAPP likes her play equipment and I encourage you to go and have a look at some of the elements that we've installed there. It looks fantastic and it's great for the kids. All reports so far, Madam Chairman, is that it's being well utilised by members of the community.

Madam Chairman, the only formal item on the agenda for today, Madam Chairman, was the naming of a park out in Wynnum, or a leased area out in Wynnum, Madam Chairman, to Wynnum Vikings AFL Park and supported by the local councillor and I trust that Councillor CUMMING might want to have a say on that so we'll leave it open for debate.

Chairman: Further debate? Councillor CUMMING.

Councillor CUMMING: Thank you, Madam Chair. Madam Chair, I welcome the result of this petition because it rectifies a problem we have in Wynnum West, where on Wynnum Road, Tingalpa, there is a large park called Kianawah Park. It's got about 10 synthetic cricket wickets on it.

About a kilometre away by road, there is another park which Council staff calls Kianawah Road Park. It's a large park which fronts three roads—Wynnum Road, Wynnum West, Kianawah Road, Wynnum West, and Ropley Road, Wynnum West. So there's a real risk of substantial confusion of this situation.

I suggested the park at Wynnum West be split into three and given three different names. One of them would have been Wynnum Vikings AFL Park, which is what the petition seeks. The reason I use the word park was that it's common in AFL circles to name grounds such and such a park, for example, Football Park in Adelaide, Kardinia Park in Geelong. They're famous Aussie Rules grounds. However, I'm happy to accept Wynnum Vikings AFL grounds.

The suggestions I made for the other parts of the park while I'm here very quickly were the Wynnum West Leisure Park, where we've got a BMX club, a radio controlled car club and a mini steam train club all in one little area. On Ropley Road we've got an excellent park, which I suggested for want of a better name at this stage be called the Ropley Road Park but anyhow, I'll continue to work on those changes as well but I welcome this change. Thank you.

Chairman: Further debate? Councillor BOURKE? I'll put the motion.

Upon being submitted to the Chamber, the motion was declared carried on the voices.


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A PETITION – REQUESTING THAT THE AREA LEASED BY WYNNUM VIKINGS AFL CLUB AT KIANAWAH ROAD PARK, WYNNUM WEST, BE NAMED ‘WYNNUM VIKINGS AFL PARK’CA12/168572

404/2012-131. A petition from residents of Brisbane has been received requesting Council to name the area

of Kianawah Road Park, Wynnum West, leased by the Wynnum Vikings AFL Club, as ‘Wynnum Vikings AFL Park’, to avoid confusion with Kianawah Park, on Wynnum Road. The petition was presented to Council on 29 May 2012 by Councillor Peter Cumming and received.

2. The Executive Manager, Field Services Group, Brisbane Infrastructure Division, provided the information below.

3. Kianawah Road Park is a large district park bordered by Ropley, Wynnum and Kianawah roads. It has areas leased to Wynnum Vikings AFL Sporting Club, Brisbane Bayside Steam Railway Society, Bayside BMX Club and Bayside Radio Control Car Club. It also houses the newly-created district playground on Ropley Road frontage, informal use public open space and bushland.

4. All of the Kianawah Road Park areas come under the one unique park identification number, D0658, and the name Kianawah Road Park refers to the entire park with its many different areas. Breaking up and creating another park with its own name, within an existing park, is not permitted and would lead to more confusion. This view is supported by Council’s Leasing Unit and Parks Planning Unit.

5. Holding of a Council lease does not give the lessees park naming rights, but it is common that the leased grounds, or an oval within it, are known by a local name that does not refer to the entire park and is not the official name of the park.

6. As such, it is recommended the area leased to the Wynnum Vikings AFL Club with its ovals be named ‘Wynnum Vikings AFL Grounds’, and that a sign indicating this be installed at the entrance to the leased area.

Consultation

7. Councillor Peter Cumming, the Councillor for Wynnum Manly Ward, supports the recommendation.

Funding

8. Funding for the new park sign is to be met by Wynnum Vikings AFL Sporting Club.

9. The Executive Manager recommended as follows and the Committee agreed at its meeting held on 14 January 2013.

10. DECISION:

THAT THE PETITIONERS BE ADVISED THAT:

(i) The parkland bordered by Wynnum, Ropley and Kianawah roads is named as Kianawah Road Park (number D0658), which covers the entire park area, and creating another park with its own name within a park is not permitted. Also, holding a Council lease does not give the lessee naming rights for parkland.


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(ii) However, it is possible to name the leased area, and not the park, as long as it will not become another park. Therefore, to ease the current confusion with all of the separate areas of Kianawah Road Park, IT IS PROPOSED THAT THE CURRENT AREA LEASED TO WYNNUM VIKINGS AFL SPORTING CLUB BE NAMED AS ‘WYNNUM VIKINGS AFL GROUNDS’.

NOTED

FIELD SERVICES COMMITTEE

Councillor David McLACHLAN, Chairman of the Field Services Committee, moved, seconded by Councillor Norm WYNDHAM that the report setting out the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13, on matters usually coming under the jurisdiction of the Field Services Committee, be noted.


Councillor McLACHLAN: Thank you, Madam Chairman. There are three items before us, A, B and C. Item A may provoke Councillor CUMMING to get to his feet yet again. It's a rare occurrence to have Councillor CUMMING on his feet twice in one sitting but this is an interesting petition that Councillor CUMMING supports. The advice of the officers is firmly against both the petitioners' request and the recommendation to support the petitioners from Councillor CUMMING and with very good reason, with very good reason.

I'm surprised that Councillor CUMMING actually supports the petitioners on this one, to be honest, but perhaps he can explain himself. The petitioners wanted to allow for bikes to use a walking track that goes to a Ramsar-protected wetland area for a bird hide and a boardwalk through the mangroves that's not actually under Council control, through the mangroves to be opened for bicycles.

The remarkable thing is that this is something that Councillor CUMMING has asked Council to stop happening in the past, that is for bikers to not use this particular infrastructure. So perhaps as a putative candidate for the seat of Lytton in the future, Councillor CUMMING is trying to establish his credentials and be the yes man to everybody in this area.

But I firmly support and the committee and the—we have firmly supported the recommendation of the officers on this particular petition, which is to reject the petition and to ensure that the bikes keep to the bike path and those who want to go and walk gently down to the bird hide to do so and those who want to perambulate down the Parks and Wildlife walkway through the mangroves be allowed to do that without being interfered with by bicyclists illegally using that particular infrastructure

At item B is a petition calling on Council to remove two Lilly Pilly trees. There has been a resolution on this one that has the support of the local councillor. Item C was in relation to four petitioners who wanted to stop a footpath being constructed. The recommendation is, and again supported by the local councillor, for that footpath to be constructed.

Thank you very much, Madam Chairman.


Councillor CUMMING: Thank you, Madam Chair. Madam Chair, I find the way this item A has been written to be rather confusing. The Moreton Bay cycle way runs from Redcliffe to Redland Bay. It actually passes through this area. It skirts the bird hide area and the Wynnum North mangrove boardwalk, the wooden section of it.

The boardwalk has got two parts to it. It's got the wooden section through to the mangroves and then it's got an area, as it were, on the mainland which is


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maintained by Council, which is a walking path but also a cycle way. Madam Chair, I don't support people being able to cycle along the boardwalk. I think they should stick to the mainland part of the mangrove boardwalk area and I support these areas being, the wooden area, being retained for pedestrian use only or someone pushing their cycle, not riding it.

By the way, the wooden area is under the control of the State Government. It was actually built by them and it continues to be maintained by them. I also don't support cyclists trying to ride along the sealed narrow walking path of the bird hide area because the conflict between cyclists and pedestrians is too great a risk.

There's reference to the effects on birds and Ramsar wetlands in the response to the petition but with respect the walking path area and the cyclists, when they use that area, are actually a long way away from the birds. The bird hide that is in that area is set up on a grassy knoll well above the actual wetland area where the birds accumulate and where people can look down on them.

So the use of the pathway by cyclists wouldn't affect the birds in any way or the mangroves in that area, which form part of the Ramsar wetland. Thank you.


Councillor JOHNSTON: Yes. Just briefly, Madam Chairman. As a member of this committee and just noting the Chairman's excellent introduction to these three petitions, I've been inspired to rise and speak, Madam Chairman.

I note that Councillor McLACHLAN said earlier that he wondered whether Councillor CUMMING would hop up and support the petitioners' request. I was interested, Madam Chairman. I just had another look through here to see whether or not the three petitions, A, B and C, the petitioners' request was being supported by the solution that was being offered.

Now, Madam Chairman, as I can see it, the only person who is supporting the petitioners' request is Councillor CUMMING at item A. In item B, Councillor KING is not supporting the petitioners' request and in item C—

Chairman: Councillor JOHNSTON—

Councillor JOHNSTON: Yes.

Chairman: —what do you wish to speak on in relation to one of these items? Not a commentary comparing the items.

Councillor JOHNSTON: No. Well, I'm—Madam Chairman, if you would like me to quote the paragraph I'm happy to do so but I note you don't require other councillors to do that. But, Madam Chairman, I will, you know, I took up a debating point from Councillor McLACHLAN, Madam Chairman, who said he wonders if the local councillor is supporting the petitioners' request.

Chairman: Well, that was relating to item A, wasn't it? Is that the report—is that the item you're speaking to?

Councillor JOHNSTON: Items B and C, Madam Chairman, as I said, Madam Chairman. So what I would say, Madam Chairman, thank you for, you know, interrupting what's a—

Chairman: Councillor JOHNSTON, get on with it.

Councillor JOHNSTON: Well, I'd like to, thank you. Madam Chairman, now, as I said, item A we can see that the local councillor is supporting the petitioners' request. On item B, we can see that the local councillor is not supporting the petitioners' request and on item C, we can also see that the local councillor is not supporting the petitioners' request.

So I think Councillor McLACHLAN needs to rethink his statements when he's discussing these matters, Madam Chairman, because from what I can see, those councillors who aren't supporting the request being put forward are on his side of the Chamber, Madam Chairman. I'll just put that on the record and that's clear from any reading of these reports before us.

It's item B that interests me a little bit, Madam Chairman, and I'm absolutely


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impressed by the quality of service that Local Asset Services North offer residents over that way. I'll send a copy of this through to the manager of Local Asset Services South, Madam Chairman. Apparently possums are pooping in the sandpit of a kindy. We've had Council officers out on site to determine whether or not some trees should be removed.

Now, Madam Chairman, I appreciate that petitions come in and we have to address them through this process but I note the excellent level of service that's been offered in this case and I look forward to that same level of service being offered to all of our community groups and residents who have possum problems, Madam Chairman.

I am a little bit concerned here—I am a little bit concerned here, Madam Chairman, that the way in which the—paragraph 21 for your information, Madam Chairman—has been written and it's interesting because they differ, each of them, despite being prepared by the same committee, they all differ in the way these things are described.

But it says, Madam Chairman, Councillor Fiona KING, councillor for Marchant Ward, was consulted and supports the preferred option. The preferred option is the trees aren't removed and that the kindy needs to sort this out themselves.

Now that's honestly a fair enough response to this situation but what I would just say for the record, Madam Chairman, it clearly demonstrates—Councillor McLACHLAN, thank you for pointing it out—back to my original point—that the local councillor isn't supporting the petitioners' petition.

Chairman: Further debate? Councillor McLACHLAN.

Councillor McLACHLAN: I'd just like to sum up the debate and thank Councillor JOHNSTON for her contribution to run some protection for Councillor CUMMING in his equivocal response on this particular issue in relation to item A. I still don't know where he stands. He has clearly supported a petition that called for bikes to be allowed to use a walk way that they're not allowed to use because it's not owned by Council and he seemed to be saying that he wants them to be allowed to walk—ride bikes down a small closed loop that's only suitable for pedestrians to perambulate down to a bird hide. He seemed to be saying that that's what he wanted to do.

Well, I think that's an outrage that he wants bikers to be allowed to deviate off a designated and properly built bike path to be able to go down in to a Ramsar-recognised bird hide and to do whatever that they might do to destroy what is meant to be the quiet enjoyment of the wetlands. In relation to item B, which so exercised Councillor JOHNSTON, if she carefully read the petition response, which she clearly hasn't, she would see that a resolution has been resolved.

A petition came in requesting one thing as a solution to a perceived problem; a solution has been reached which means that the trees are saved. I know Councillor JOHNSTON likes to chop down every tree in sight that she can see but in this circumstance, the trees have been—

Councillor JOHNSTON: Point of order, Madam Chair.

Chairman: Point of order against you, Councillor McLACHLAN.

Councillor McLACHLAN: —saved—the trees have been saved and the possum poop—

Chairman: Councillor McLACHLAN, point of order against you. Yes, Councillor JOHNSTON.

Councillor JOHNSTON: Point of order, Madam Chairman. Councillor McLACHLAN has just made what is both a defamatory and an adverse reflection upon my character. Madam Chairman, I draw it to your attention. He says I'd like to chop down every tree imaginable, Madam Chairman. That is an inappropriate comment and I would ask that you direct him to withdraw it.

Chairman: Councillor McLACHLAN, your comment has offended Councillor JOHNSTON. Would you kindly withdraw it?


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Councillor McLACHLAN: Of course, Madam Chair, at your direction. Thank you. I'm completed.

Chairman: Thank you. Have you finished? I will put the motion.

Upon being submitted to the Chamber, the motion was declared carried on the voices.


A PETITION – REQUESTING THAT COUNCIL CONTINUE TO KEEP THE WYNNUM NORTH CYCLEWAY AND BOARDWALK OPEN TO ALL PUBLIC USERS INCLUDING CYCLISTSCA12/372141

405/2012-131. A petition from residents of Brisbane, calling on Council to keep the Wynnum North

cycleway and boardwalk open to all public users including cyclists, was presented to the meeting of Council held on 7 August 2012 by Councillor Peter Cumming and received.

2. The Executive Manager, Field Services Group, Brisbane Infrastructure Division, provided the following information.

3. Eighteen public users of the cycleway and boardwalk have signed the petition.

4. The bird hide and walking circuit were built in approximately 2001 as part of a capital works program. The bird hide area and waterway area surrounding it is an internationally recognised and designated site on the Ramsar List of Wetlands of International Importance (known as Ramsar sites) for migrating wader birds. The hide is regularly used by visiting tourists, bird watchers and photographers to view the wader birds. Cycling around the site would cause major conflict and be contrary to the site’s intended purpose.

5. The walking circuit has not been closed to cyclists, as it has never been open to them. The signs (on bollards with pictograms advising the circuit is walking only and the standard Council ordinance signs prohibiting cyclists) have been there since 2001. This was carried out following community consultation at the time to minimise disturbance to the migratory and other birds because of the Ramsar status of the site. Cyclists who have been using it to date have done so illegally and often dangerously. The walking circuit has never been a bike path and does not meet bikeway standards.

6. Over the years since the tracks were constructed, Council’s Asset Services has received a small number of requests from bird watchers, pedestrians and Wynnum Manly Ward, Councillor Peter Cumming complaining about riders scaring the birds or of minor accidents between pedestrians, photographers and walkers on the walking circuit. A letter from Councillor Peter Cumming in February 2009 asked Asset Services to improve the ‘no cycle’ signage to make it more visible. This was after the councillor had received more complaints from users about cyclists causing problems on the walking circuit.

7. The Regional Coordinator Natural Environment from Asset Services East Region suggested large pictograms on the walking surface itself, so that riders looking towards the ground while riding would see these signs more effectively than the signs on posts. These are the signs that are now causing cyclists concern.

8. The boardwalk is owned by Queensland Parks and Wildlife (QPW), and Council has no jurisdiction over this asset. The rules relating to cycles on the boardwalk are under the control of QPW. The rangers on site have advised that cycles are not allowed on the structure as it was not made to cycle widths or standards. The boardwalk was only meant for pedestrian usage.

9. Councillor Peter Cumming was part of the original consultation process and had forwarded


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complaints from local residents.

Consultation

10. Councillor Peter Cumming has been consulted and supports option two contained in the Executive Manager’s submission, which was to remove all the signage stating ‘no cycles’, and allow cyclists to ride throughout all areas. This option would present ongoing safety hazards and potential insurance claims from incidents between pedestrians and cycles, as well as the implications relating to the Ramsar wader bird wetland area and its intended use.

Preferred option (option one of the Executive Manager’s submission)

11. It is the preferred option that the official designated bikeway remain open for cycle use, linking the cycle network leading north and south, and that the bird hide/wader bird walking circuit remain open for walkers only, in accordance with the current signage provides and its intended use. The QPW boardwalk is not a Council asset and therefore cannot be included in any Council decision.


13. DECISION:

THAT THE PETITIONERS BE ADVISED THAT:

(i) THE OFFICIAL CYCLEWAY ALONG WYNNUM NORTH ROAD THROUGH WYNNUM CONSERVATION RESERVE AND ELANORA PARK AT WYNNUM NORTH, LEADING ON TO THE FORESHORE, HAS ALWAYS BEEN OPEN TO ALL PUBLIC USERS INCLUDING CYCLISTS, AND WILL REMAIN OPEN FOR THE FORESEEABLE FUTURE.

(ii) AREAS SUCH AS THE MANGROVE BOARDWALK OPERATED BY QUEENSLAND PARKS AND WILDLIFE, LOCATED ADJACENT TO ELANORA PARK, AND THE RAMSAR WADER BIRD WALKING CIRCUIT WHICH LEADS TO THE BIRD HIDE AREA, HAVE NEVER BEEN OPEN TO CYCLISTS.

(iii) The walking circuit and signage stating ‘No cycles, walking circuit only’ were built and installed in 2001, with neither the boardwalk nor the bird hide circuit built to cycle standards. These two areas are located in close proximity to the cycleway, but are separate assets not associated with the cycleway.

NOTED

B PETITION – CALLING ON COUNCIL TO REMOVE TWO LILLY PILLY TREES IN THE PARK ADJACENT TO THE EMILY FOORD KINDERGARTEN, STAFFORDCA12/425705

406/2012-1314. A petition from residents of Brisbane, requesting that Council remove two Lilly Pilly trees in

the park adjacent to the Emily Foord Kindergarten at 26 Rhodes Street, Stafford, was presented to the meeting of Council held on 11 September 2012, by Councillor Fiona King and received.

15. The Executive Manager, Field Services Group, Brisbane Infrastructure Division, provided the following information.


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16. The petitioners believe that the trees are responsible for attracting possums to the Poinciana tree in the kindergarten grounds, resulting in excrement in the sandpit area. The petition contains 62 signatures.

17. An inspection by a Council Arboricultural Technical Officer and Arboricultural Coordinator on 18 October 2012 determined that the trees were semi-mature, in good health and growing in parkland on the kindergarten boundary. The trees were originally planted at the request of the kindergarten to provide a screen from park users. Council records indicate that there have been a number of requests from the kindergarten to remove the trees as they are shading recently installed solar panels.

18. An inspection by the Council’s Arboricultural Technical Officer, with the local Councillor for Marchant Ward, Councillor Fiona King, and a representative from the kindergarten, was held on 27 June 2012. At this inspection it was determined that other options to resolve the possum issue were available to the kindergarten, rather than the removal of the trees. Options include relocation of the sandpit, removal of the Poinciana tree growing in the kindergarten grounds (which is in poor health), or applying more stringent controls of covering and cleaning the area. These options were not acceptable to the kindergarten.

19. Since this meeting, Council has pruned the Lilly Pilly trees and installed barricades around the trees to prevent possums accessing the Poinciana tree. Council has undertaken reasonable action to resolve the issue. It is the responsibility of the kindergarten management to adopt the recommendations to relocate the sandpit, remove the Poinciana tree, cover the sandpit or apply more stringent controls to cleaning the area.

Preferred option

20. It is the preferred option that Council advise the petitioners that the two Lilly Pilly trees located in the parkland adjacent to the kindergarten will not be removed and that the kindergarten should explore other options, such as those outlined above, to resolve the problem.

Consultation

21. Councillor Fiona King, Councillor for Marchant Ward, was consulted and supports the preferred option above.


23. DECISION:

THAT THE PETITIONERS BE ADVISED THAT THE TWO LILLY PILLY TREES WILL NOT BE REMOVED, and other options to resolve the possum-related problem should be explored.

NOTED

C PETITION – OBJECTING TO THE CONSTRUCTION OF A FOOTPATH ACROSS PROPERTIES AT 2, 4, 6, AND 8 BRIARWOOD STREET, CARINDALECA12/392432

407/2012-1324. A petition from residents of Carindale, objecting to the approved and scheduled new

development of a footpath across the properties at 2, 4, 6 and 8 Briarwood Street, Carindale, was presented to the meeting of Council held on 21 August 2012, by the Deputy Mayor Councillor Adrian Schrinner and received.


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

26. The petition was signed by four residents opposing the construction of a footpath at Briarwood Street, Carindale.

27. Briarwood Street is a residential street with well-grassed footpaths. A concrete path has previously been constructed on the western side at the northern end of the street from Bridgnorth Street to Risdon Street. Briarwood Street is a link road between Bridgnorth and Winstanley Streets. Belmont State Primary School is located at the northern end of the street.

28. The Chandler Ward Office has advised that a resident survey has been completed. Sixty-six per cent of respondents were in favour of the proposal to construct a concrete path on the western (even numbered) side of the street. Fourteen properties have frontages on the western side of Briarwood Street and the total number of responses received was nine, with six in favour and three against. One person who has signed the petition had approved the installation when the survey was done.

29. Funding is distributed evenly between each ward to build new footpaths and to make local park improvements. As part of the current process, the local councillor decides which new footpath projects get funded from their Ward Footpath and Parks Trust Fund, following consultation with property owners.

30. The proposed footpath will extend the existing constructed footpath. This will provide better accessibility along Briarwood Street to the bus stops and school to the north, and to Winstanley Street to the south. Winstanley Street, near Bulimba Creek, has two high frequency bus stops, with 115 outbound services and 103 inbound weekday services, and also leads directly to Carindale Shopping Centre. The bus stops in Bridgnorth Street, adjacent to and opposite the primary school, also provide a significant number of weekday bus services: 100 outbound and 87 inbound.

31. The head petitioner has not been contacted. The contact details were not been provided nor are they listed in the White Pages.

Funding

32. Funding is available through the Ward Footpath and Parks Trust Fund.

Consultation

33. The Deputy Mayor, Councillor Adrian Schrinner, Councillor for Chandler Ward, has advised that he supports the preferred option below.

Preferred option

34. It is the preferred option that Council proceeds with the construction of the proposed footpath, based on the positive response to the resident survey and accessibility benefits to the community.


36. DECISION:



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(i) A survey of residents was conducted by Councillor Adrian Schrinner, Deputy Mayor and Councillor for Chandler Ward. The survey showed a majority response supporting the construction of the new path along Briarwood Street, from the northern end of Risdon Street to Winstanley Street.

(ii) The new path will provide better accessibility along Briarwood Street to the bus stops and school to the north, and to Winstanley Street to the south. Winstanley Street has several high frequency bus stops and also leads directly to Carindale Shopping Centre.

(iii) GIVEN THE COMMUNITY SUPPORT AND BENEFITS PROVIDED BY THE PROPOSED FOOTPATH, THE CONSTRUCTION OF THE PATH WILL PROCEED AS PLANNED.

NOTED

BRISBANE LIFESTYLE COMMITTEE

Councillor Krista ADAMS, Chairman of the Brisbane Lifestyle Committee, moved, seconded by Councillor Andrew WINES, that the report setting out the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13, on matters usually considered by Brisbane Lifestyle Committee, be noted.


Councillor ADAMS: As they are petitions, Madam Chair, I'll leave them to the councillors.


Councillor CUMMING: Thank you, Madam Chair. I refer to items A and D.

Seriatim - Clauses A and DCouncillor Peter CUMMING requested that Clause A, PETITION – REINSTATE FUNDING FOR THE WYNNUM MANLY AUSTRALIA DAY BREAKFAST, and Clause D, PETITION – REQUESTING THAT COUNCIL LEASE PARKLAND AT ANDREW STREET, LOTA, TO THE BAYSIDE UNITED SPORTS AND RECREATION CLUB TO CONSTRUCT MORE PLAYING FIELDS be taken seriatim for voting purposes.

Chairman: Okay.

Councillor CUMMING: The item A relates to the Wynnum Manly Australia Day breakfast. The funding for Australia Day breakfasts in the outer suburbs was introduced in Jim Soorley's time. He wanted the day celebrated; he wanted to give residents of Brisbane the chance to celebrate the day in the outer suburbs as well as possibly other people going to inner city celebrations where the Council was spending substantial amounts of money.

He therefore supplied a small amount of money. I think we started with about between $5000 and $10,000. This would be 17 years ago now. The Wynnum Manly Australia Day breakfast was underway. We've done very well with this breakfast. We've managed to get some support from local clubs, the Wynnum RSL, the Wynnum Manly Leagues Club, Caltex, they all put I money as well.

In addition, every service club in Wynnum Manly works on the day cooking sausages, cooking other food, and judging colouring inn competitions. The local SCOPE club, a ladies service club, presents an award for the Citizen of the Year, basically for the Wynnum Manly district and it's an excellent award. This gives them a great forum to present that award. They work on the day as well.


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So it's a bit of a loaves and fishes exercise and we've managed to absolutely maximise the benefit of the grant received from the Brisbane City Council. It was a great shame when Council took this funding away from the Wynnum Manly area. Sure, I could pay for it out of the Suburban Initiative Fund (SIF) funding but the original rationale I believe still exists to allow people in the outer suburbs to celebrate the day and not spend all the money on the inner city.

Also, the sad thing, of course, is that having to pay money out of the SIF, it cuts the funding available for other matters under the SIF program and it means that the Wynnum Manly funds are often exhausted well within six months and it doesn't go anywhere near lasting a year. Of course, now that SIF's down to a miserly $54,000, whereas a few years ago when it was introduced it was $125,000, it makes it even harder. I wouldn't mind paying out $12,000 or $15,000 out of $125,000 but out of $50,000, $54,000 it's a large chunk of the year's expenditure going to one project.

So this not untypical. This is what you expect from the LNP in their dealings with Wynnum Manly. They've been cutting projects all over the place—


Councillor CUMMING: —for the Wynnum Manly area and at State level and at council level, and this is just another nail in the coffin for Wynnum Manly.

The other item I'd like to refer to is Item D.


Chairman: Order.

Councillor CUMMING: Item D is the request that council lease parkland at Andrew Street, Lota, to the Bayside United Sports and Recreation Club. This club is a soccer club at Lota and it's a growing club and it's been in the current location for over 30 years. My children play at that club and I've played there for over 10 years myself and I've also coached there. The club is short of land and basically needs land to expand. They could do with extra fields or in the alternative they could do with extra parking space. So, people park up and down the surrounding streets on the Saturday mornings and it's not a very safe environment the way people have to park and bring their kids down to the ground.

The reasons given for refusing this application is firstly, that it's unallocated Queensland Government land. I've got other sporting leases in my ward where the land is owned by the Queensland Government and it's been provided to the Brisbane City Council on trust for recreational purposes and then the Brisbane City Council's open to be able to lease it out to a sporting group. It's a set procedure. If there was a will there'd be a way to ask the State Government to pursue that process but that's an excuse for knocking it back.

The other thing is it says it's a corridor link park. Well, if you look along Andrew Street it's actually the adjoining block of parkland. It is flat area parkland. There's no reason why it couldn't be used for sporting uses. It says that: the area lies within creek flood inundation and storm tide mapping lines. Well, I've got to say it didn't flood on Monday 28 January and it hasn't flooded any time in the last 30 years that Bayside have been on the site. So this is just a silly reason for rejecting it as well. The only thing that happens there is when there's heavy rain and a high tide the water backs up into the drain areas but it doesn't overflow the drains onto that area.

The other thing it's identified on the Contaminated Land Register; the whole of the parkland including the existing sporting fields, was originally a dump some 20-odd years ago. With appropriate filling it's being used now and has been for many years as a sporting field. So again, another weak reason for rejecting the application.

And: any development for sporting infrastructure or field location would require development assessment approval and permits. Well, I've actually got a market in my area where the Council actually pay for the DA application to run a market in the area. So that's something that again could easily be overcome.


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Finally: the area's bound by regional ecosystem mangroves. There are mangroves in the drains that run either side of this area of land but the children kicking soccer balls I'm pretty sure wouldn't kill the mangroves. So again, anyhow, someone seems to have gone through and thrown up any weak excuses they could come up with and the result is most unsatisfactory.

I'll be telling the people at Bayside that Council essentially doesn't support this club expanding and perhaps they'll have to cap their numbers. Otherwise, they'll have to go and look somewhere else. Then I'm sure Council won’t be too keen to relocate them anywhere else either.


Councillor JOHNSTON: Yes, Madam Chairman, just briefly on Item A and Item C. Whilst I'm sympathetic to the issues that are raised in this petition I certainly will be supporting the recommendation as it's been put forward. I apologise to those councillors who've had their funding stripped from them from the corporate budget but we have to make do with limited funds from the SIF. I agree with Councillor CUMMING, they have been slashed enormously in my time as a councillor. I think it started at $120,000 and went down to $50,000 now.

So I certainly understand the budgetary pressures that he's facing and I'd certainly call on Council to reconsider their decision to slash this funding in the corporate budget. But Madam Chairman, really, we all have to manage events within our SIF and there are big pressures on them, so sorry, Peter.

Now Item C, and I'm seeking some clarification here from the Chairman and particularly I'm interested in paragraph 26. I am genuinely because I'd like to see how this issue, where we have antisocial behaviour that is essentially a police matter is now being dealt with by Council. I would seek some advice from the Chairman about how we too can have Council intervene in antisocial and criminal activities that are happening in our suburbs.

The situation as I understand it relates to a young person's residential care facility in Bracken Ridge and there are some concerns, as outlined in paragraph 23, that there is a range of antisocial and in some cases criminal activity which is causing concern to local residents and businesses.

Madam Chairman, I note—and again I say it's paragraph 26—that residents were very concerned. There was a meeting that was initiated earlier in August 2012 with the relevant people from the State Government department, from the CARE organisation themselves. That meeting discussed a heap of things. The police were there and the matter was essentially dealt with.

I understand, based on reading this, the residents of the particular street advised Council they were not satisfied with the outcomes of the meeting. Now this was a meeting held by the State Government, the Department of Community Safety or whatever it's called now, the relevant police and then they have come to their local councillor, presumably, and said they're not happy with the outcome of the state government area of responsibility.

Paragraph 26 goes on to say then: “a second forum was facilitated by Council on 17 November 2012. That involved a range of parties, including Councillor COOPER and the State member Ms Millard, and a range of other people”, the police and so forth. What I'm interested in here is we normally—and all the girls in our office get these types of inquiries. We promptly get a response back from this Council saying any antisocial community things are a police matter, go and talk to your local police. We get that response over and over and over and over again.

In my area we've got a particularly antisocial house where council officers won't go any more and they have to then alert the police before they can do anything. So what I'm interested in here, and I am asking the Chairperson for this area to provide us with some advice, is what role Council play in facilitating the solution in this matter. Were council officers involved, from what area of Council? What did they actually do? Did they send out letters? Did they convene the meeting? Did they liaise with the police? I'm interested in the operational and


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logistical arrangements that are related to paragraph 26 where Council facilitated the meeting.

Now, if it was Councillor COOPER that did this in her personal office it would be good to have that clarified. But this paragraph seems to indicate that it was Council. By that I presume they mean the division or the organisation. I find that a little unusual and I would certainly like some clarification as to what has occurred either from the chairperson or perhaps if Councillor COOPER wants to hop and clarify matters that would be really good.

I ask because this is a genuine problem, not just in no doubt Bracken Ridge but I'm sure we could all point to one or two antisocial houses in different areas and I certainly would like some clarification about Council's facilitation role as outlined in paragraph 26. Thank you.

Chairman: Further debate? Councillor ADAMS.

Councillor ADAMS: Thank you Madam Chair. I'll refer just briefly to Councillor JOHNSTON and it was a meeting facilitated by the local councillor and it was with a private family services group and obviously there was an outcome that was satisfactory to all. So well done to Councillor COOPER and her work that her and her office did within that area.

To petitions A and D—items we have on here. We are getting a record from Councillor CUMMING tonight but I was looking forward to his argument on the Australia Day functions that he has had in his ward, as he clearly says, for 17 years. I think he pretty much put out there why this event has been taken off the list for the events that we fund as Brisbane ratepayers.

It was a commitment by Lord Mayor Jim Soorley to deliver Australia Day funding to the suburbs, the suburbs of Deagon, Moorooka and Wynnum Manly. Anyone else out in the western suburbs who would have liked Australia Day funding at that time?


Councillor ADAMS: We love the selection of those local areas.

Chairman: Order.

Councillor ADAMS: So 17 year legacy of an Australia Day funding where we know from the LNP administration have initiative funds to support those type of events. We actually do have the brochure from City Entertainment in 2001 showing these events at Wynnum Manly, Deagon.


Councillor ADAMS: Thank you Councillor MATIC, I won't take your interjection on that. So despite receiving SIF (Suburban Initiative Funding) fundings for many years now we do see a double dipping on these Australia Day events that are being held. My concerns is that Councillor CUMMING can stand up and say that it's a very successful event but he still needs to provide $19,000 out of SIF for it to go ahead.


Councillor ADAMS: Now, after 17 years I am very concerned as Chair that an Australia Day festival that is so popular cannot be a self-funded supported festival. Nineteen thousand dollars out of SIF. It is discretionary funding, it is up to Councillor CUMMING to use that money as his wish. I'm glad to see that he did use his SIF fundings because that is what we are trying to get people to use their SIF funding for.

He did complain about the cuts obviously to SIF funding over the years but I do remind councillors that we did see a cut in the SIF funding, in particular to help the funding of the flood recovery that we had in the last 12 months, something that Councillor GRIFFITHS always criticised that we were not spending enough on.



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Councillor ADAMS: So did they have—you can't have it both ways. You can’t have flood recovery and SIF funding staying at $125,000 and City Entertainment paying for your Australia Day festivals. Cake and eat it too, it doesn't happen.


Councillor ADAMS: Financial management, Councillor CUMMING.

Chairman: Order. Councillor GRIFFITHS.

Councillor ADAMS: We still do plenty of work in the Wynnum Manly area. There was funding for the Wynnum Spring Festival. Unfortunately, it didn't get up again but there is the Halloween street party, there is the Wynnum Manly Jazz Festival; $40,000 worth of dedicated festivals still within the Wynnum Manly ward that I'm sure there's a—I'm sure Councillor KNAPP would love to take that money if Councillor CUMMING feels that it's not being used worthwhile.

To Item D on the report in front us, I am gobsmacked that we read through the list and still Councillor CUMMING doesn't see why we can allocated this land to sporting fields. It is unallocated Queensland Government land which I don't know if the previous member for Lytton for how many years ever got a letter requesting that it was allocated to the sporting field that so desperately needed it until he wasn't there.

Corridor link, park, creek flood inundation, contaminated land register, the list goes on. What would be the cost, Councillor BOURKE, I ask you—through you, Madam Chair—for land remediation on a flood inundated land?


Councillor ADAMS: Unbelievable the amount beside the ecosystem of the mangroves. The list goes on and on.


Councillor ADAMS: I take offence on behalf of the Council officers when Councillor CUMMING says they don’t care—I'm going to tell my residents they don't care—where it very, very clearly says in the draft response: sport and recreation officers will liaise with the club to look at other options to deal with the growth of players and the limited space. We are committed to encouraging participation in active and healthy sporting and recreational pursuits in this area.

The officers will work with the club to get a suitable outcome. The land that Councillor CUMMING, or in this petition is suggesting, is not a suitable outcome and we will work with them to find one. Thank you Madam Chair.

Chairman: I will put the motion for Items A and D.

Clauses A and D putUpon being submitted to the meeting the motion for the adoption of Clauses A and D of the report of the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13 was declared carried on the voices.

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


AYES: 19 - 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, Shayne SUTTON, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS, Victoria NEWTON, and Nicole JOHNSTON.


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Clauses B and C putUpon being submitted to the meeting the motion for the adoption of Clauses B and C of the report of the decisions of the Establishment and Coordination Committee as delegate of the Council during the Summer Recess 2012-13 was declared carried on the voices.


A PETITION – REINSTATE FUNDING FOR THE WYNNUM MANLY AUSTRALIA DAY BREAKFASTCA12/438311

408/2012-131. A petition from residents of Brisbane, requesting that Council reinstate funding for the

Wynnum Manly Australia Day Breakfast, was presented to the meeting of Council on 18 September 2012 by Councillor Peter Cumming and received.

2. The Acting Divisional Manager, Brisbane Lifestyle Division, provided the following information.


4. The Wynnum Manly Australia Day Breakfast event had been funded for the past 15 years, and is managed by the Wynnum Rotary Club. For a number of years, funding had been provided to three wards, including Wynnum Manly, Moorooka and Deagon, through the City Entertainment Program to assist in Australia Day events.

5. Due to the inequity of only funding several wards’ Australia Day activities and not others, it was deemed that from 2013 this funding would not continue. Funding is provided to councillors through the Lord Mayor’s Suburban Initiative Fund and these funds may be used for Australia Day events.

Consultation

6. Councillor Peter Cumming, Councillor for Wynnum Manly Ward, was consulted and does not support the recommendation.

Customer impact

7. The Acting Divisional Manager recommended as follows and the Committee agreed at its meeting held on 17 December 2012.

8. DECISION:

THAT THE COMMITTEE NOTE THE INFORMATION CONTAINED IN THE ABOVE REPORT AND THE PETITIONERS BE ADVISED IN ACCORDANCE WITH THE DRAFT RESPONSE BELOW.

Draft response

Thank you for submitting a petition seeking reinstatement of the Council funding for the annual Wynnum Manly Australia Day Breakfast.

For a number of years Council provided funding to three Council wards for Australia Day events, including the one in Wynnum Manly.

Council noted that the other Council wards support their Australia Day events through the Lord Mayor’s Suburban Initiative Fund with no additional funding from Council.


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Council has decided that it is not equitable to provide only some wards with extra funding for Australia Day events. As such, Council is unable to provide funding for just the Wynnum Manly event.

Unfortunately, Council is also not in a position to provide funding to all wards for Australia Day events. However, Council does provide financial support to the Bayside Wynnum Spring Festival, Manly Harbour Village, Halloween Street Part and the Wynnum Manly Jazz Festival.

Residents are encouraged to make an application to the Wynnum Manly Lord Mayor’s Suburban Initiative Fund. More information on how to do is can be found at Council’s website at www.brisbane.qld.gov.au and by searching “Lord Mayor’s Suburban Initiative Fund”.

Thank you for taking the time to contact Council.NOTED

B PETITION – CALLING ON COUNCIL TO ADDRESS AN ALLEGED BARKING DOG NOISE NUISANCE AT 47 ALBERT PLACE, PARKINSON CA12/50314

409/2012-139. A petition from residents of Brisbane, requesting Council to take action and address the

ongoing barking dog noise nuisance from a property at 47 Albert Place, Parkinson, was presented to the meeting of Council on 6 March 2012 by Councillor Angela Owen-Taylor, and received.

10. The Acting Divisional Manager, Brisbane Lifestyle Division, provided the information below.

11. The petition contained a total of nine signatures.

12. The residents stated that the dogs from 47 Albert Place, Parkinson, have been a noise nuisance for the past two years. They also stated that the owner of this dog has been approached on occasions concerning this problem however they have not attempted to manage the dog barking.

13. Council’s Compliance and Regulatory Services (CARS) have received two previous complaints about the dogs at 47 Albert Place, Parkinson. Upon receipt of this petition, CARS commenced another investigation into the issue at 47 Albert Place, Parkinson.

14. On 4 April 2012, a City Safety Officer from CARS, attempted to contact the head petitioner by phone. He was only able to leave a message for the head petitioner to return the call. He then contacted another resident by phone to discuss the matter and explain Council’s processes and methods of investigation.

15. Subsequently, the City Safety Officer contacted the owner of the alleged barking dog. He advised the dog owner of the petition received and explained Council’s processes and possible outcomes should the noise be substantiated. The dog owner stated he would monitor the dog’s barking and advised that the dog would be de-sexed as an attempt to reduce the barking. At this time, the officer also offered the use of a bark count collar to the dog owner who agreed to consider this option.

16. On 10 April 2012, an animal noise complaint letter was subsequently hand-delivered to the dog owner. This letter provided a 14 day period to rectify the matter, prior to accepting any further complaints.

17. To date, Council has not received any further complaints about a barking dog noise nuisance. If Council receives any further complaints, a City Safety Officer will request statutory


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declarations from all the petitioners. If three or more are collected, a Notice to Remedy may be issued to the dog owner.

Consultation

18. Councillor Angela Owen-Taylor, the Councillor for Parkinson Ward, has been consulted and advised that she supported the recommendation.

Customer impact

19. Discussions held with the available complainants indicate they are satisfied with Council’s actions to date and understand that Council must follow due process.

20. The Acting Divisional Manager recommended as follows and the Committee agreed at its meeting held on Establishment and Coordination Meeting of 17 December 2012.

21. DECISION:

THAT THE INFORMATION CONTAINED IN THE ABOVE REPORT BE NOTED AND THE HEAD PETITIONER BE ADVISED IN ACCORDANCE WITH THE DRAFT RESPONSE BELOW.

Draft response

Thank you for your petition concerning the barking dog noise nuisance from a neighbouring property at 47 Albert Place, Parkinson.

Council is sorry to hear of the negative impact the noise nuisance is having on you and your neighbours. Council realises that noise from barking dogs can at times be intolerable, and that Council’s procedures to address these issues may seem to take a long time. This is, however, necessary to ensure that the dog owner is given the chance to rectify the situation before the matter is escalated further. In the majority of cases, this approach works, and the amount of noise is reduced.

Council advises that other residents have previously lodged two official complaints over the past 12 months and Council officers have actioned the previous complaints relating to 47 Albert Place. However neither complainant returned their noise assessment forms, and therefore no further action was taken at the time.

On receipt of your petition, a new investigation was commenced into the barking noise nuisance. One of Council’s City Safety Officers attempted to contact you however, you were unavailable and a message was left for you to return the call.

As a result of this investigation, the City Safety Officer contacted the dog owner to advise that complaints had been received about their dog. A complaint letter was also sent to the dog owner. This letter outlines the complaint and suggestions on how the noise nuisance can be reduced. It also notifies the owner that if further complaints are received after this time, Council may conduct timings of the noise nuisance; or contact previous complainants to ascertain if there is still an issue by requesting statutory declarations supporting the complaint.

At this time, Council has not received any further complaints about barking dog noise nuisance. Should you wish to discuss this matter further, or should the barking dog noise nuisance continue, please contact Council on 3403 8888.

NOTED


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C PETITION – REQUESTING THAT COUNCIL ADDRESS SAFETY CONCERNS AT 19 CALISTA CRESCENT, BRACKEN RIDGECA12/383839

410/2012-1320. A petition from residents of Brisbane requesting that Council address the safety concerns

arising at 19 Calista Crescent, Bracken Ridge, was presented to the meeting of Council on 14 August 2012 by Councillor Amanda Cooper and received.

21. The Acting Divisional Manager, Brisbane Lifestyle Division, provided the following information.

22. The petition contained 110 signatures from local residents and business owners, concerned about the clients associated with the Mercy Family Services (MFS) at 19 Calista Crescent, Bracken Ridge.

23. In January 2012, MFS opened a residential care program for young people at the above location. While initial clients transitioned well through the program, a second group of young clients were involved in a range of anti-social and, in some instances, criminal activity. This caused genuine angst to local residents and business owners.

24. Following the problems surrounding the second group of young residents, MFS and the Department of Child Safety (the Department), agreed to alter the type of clients referred to be accommodated at the facility. In summary, this change precluded the allocation of young people with ‘high needs’ to this location.

25. Subsequently, MFS held a meeting at their Zillmere office on 27 August 2012 with seven residents of Calista Crescent, the officer in charge at Sandgate Police, the head of the Child Protection Investigation Unit in the North Brisbane District, representatives of two local businesses and a representative from the Department. Advice about the changes to client referrals was provided.

26. Notwithstanding these changes, residents of 19 Calista Crescent advised Council that they were not fully satisfied with the outcomes of the above meeting. In response, a second forum was facilitated by Council on 17 November 2012, involving the head petitioner, residents, MFS, Queensland Police Service, the Department, local business owners and Councillor Amanda Cooper, Councillor for Bracken Ridge. Kerry Millard MP, Member for Sandgate, also attended.

27. The meeting allowed participants to discuss a range of issues. Residents and businesses reiterated their concerns about the difficulties experienced throughout the year and in response, MFS advised that in the medium-term, the facility would only be used to accommodate children up to 12 years of age.

28. Discussion focussed on the permanency of this decision and residents requested regular communication from MFS including advice about any changes to children housed at the facility.

29. MFS made a commitment to provide regular communications and agreed to give residents the telephone number of 19 Calista Crescent. MFS explained their obligations to maintain client confidentiality in their communication with residents and businesses.

30. Participants have acknowledged an improvement since the changes in young people accommodated at the facility was implemented.

31. On a positive note, residents and MFS agreed to participate in the Bracken Ridge Christmas Festival street party, with a number of attendees agreeing to work together to organise a street


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party that was held on 16 December 2012.

Consultation

32. Councillor Amanda Cooper, Councillor for Bracken Ridge, has been consulted and is in agreement with the recommendation.

Customer impact

33. MFS and the Department have agreed to consider the impact on residents when accommodating children at 19 Calista Crescent. All affected parties have committed to a partnership and community approach to improving the residential amenity of the street and ongoing communication with respect to the facility.


35. DECISION:

THAT THE COMMITTEE NOTE THE INFORMATION CONTAINED IN THE ABOVE REPORT AND THE PETITIONERS BE ADVISED IN ACCORDANCE WITH THE DRAFT RESPONSE BELOW.

Draft response

Thank you for your recent petition and correspondence to Council outlining your safety concerns associated with the Mercy Family Services Residential Care Program located at 19 Calista Crescent.

Council appreciates your participation, along with other residents, local businesses, Mercy Family Services and Queensland Police, in working through some of the key issues.

Council understands that MFS has committed to provide regular communication with residents and a contact number has been provided to residents to quickly identify and communicate emerging issues or concerns.

Should you require further assistance, please contact Council’s Community Development Coordinator North, on 3403 8888.

Thank you for raising your concerns with Council.NOTED

D PETITION – REQUESTING THAT COUNCIL LEASE PARKLAND AT ANDREW STREET, LOTA, TO THE BAYSIDE UNITED SPORTS AND RECREATION CLUB TO CONSTRUCT MORE PLAYING FIELDSCA12/438011

411/2012-1336. A petition from residents of Brisbane, requesting that Council allow the Bayside United

Sports and Recreation Club to construct more playing fields on adjoining land on Andrew Street, Lota, was presented to the meeting of Council on 18 September 2012 by Councillor Peter Cumming and received.

37. The Acting Divisional Manager, Brisbane Lifestyle Division, provided the information below.


39. A similar request for the use of this site was raised several years ago and was not supported


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by Council’s then Natural Environment and Sustainability Branch.

40. A number of reasons have been identified for not using the area for sporting activities. The reasons have been summarised as follows:- a large proportion of the identified area is unallocated Queensland Government land

and therefore, a lease or licence cannot be issued- the size, shape and classification of the area is as a corridor link park, as such, it plays

a role in connecting to the adjacent informal recreation park- the area lies within creek flood inundation and storm tide mapping lines- the area is identified on the contaminated land register- any development for sporting infrastructure or field location would require

development assessment approval and permits- the area is bounded by regional ecosystem mangroves.

41. It is recommended that the club consider other options to accommodate the growth in players such as optimisation of its existing leased area, operational (time schedules) changes to maximise capacity and alternative sport and recreation land e.g. local schools.

Consultation

42. Councillor Peter Cumming, the Councillor for Wynnum Manly Ward, has been consulted and advised that he did not support the recommendation.

Customer impact

43. The Bayside United Sports and Recreation Club will not be able to increase the number of fields it leases from Council.


45. DECISION:

THAT THE COMMITTEE NOTE THE INFORMATION CONTAINED IN THE ABOVE REPORT AND THE HEAD PETITIONER BE ADVISED IN ACCORDANCE WITH THE DRAFT RESPONSE BELOW.

Draft response

Thank you for your petition requesting that Council lease part of Bill Lamond Park, Lota, to the Bayside United Sport and Recreation Club Inc. to construct more fields to cater for the growing number of players at the club.

Council has considered the request and in doing so taken into account several issues including the fact that a large portion of the area in question is unallocated State land. As such, Council is not able to offer a lease of the area to another entity.

The other issues at this site are its identification on Council’s Contaminated Land Register, and that it lies within creek flood inundation and storm tide mapping lines. Any construction of new fields could compromise the surrounding regional ecosystem of Lota Creek.

After considering these and other issues, Council cannot approve the leasing of the area to the Club.

However, it is acknowledged that the club’s growth should be supported and Council is committed to encouraging participation in active and healthy sporting and recreational pursuits. With this in mind, a


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Sport and Recreation Officer with Council’s Community Facilities Operations Team, will liaise with the club in an attempt to look at other options to deal with the growth of players and limited space available.

Thank you for contacting Council with your request.NOTED

PROCEDURAL MOTION THAT THE NOTIFIED MOTION BE TAKEN OFF THE TABLE:

412/2012-13At that juncture, Councillor Ian McKENZIE moved, seconded by Councillor Andrew WINES, that the notified motion submitted by Councillor Nicole Johnston at the meeting on 4 December 2012, be taken off the table. Upon being submitted to the Chamber, the motion, that the motion be taken off the table, was declared carried on the voices.

Chairman: Councillors, Councillor JOHNSTON's motion has been taken off the table. Debate now resumes from where it left off on 4 December 2012.

CONSIDERATION OF NOTIFIED MOTION RESUMED- Support rear angled parking in McCulla Street, Sherwood:(Notified motions are printed as supplied and are not edited)

413/2012-13The Chairman of Council (Councillor Margaret de WIT) then restated that had previously been moved by Councillor JOHNSTON and seconded by Councillor Victoria NEWTON, that—

That Brisbane City Council supports and authorises rear angled parking in McCulla Street outside Sherwood State School.


Councillor JOHNSTON: Yes, Madam Chairman.

Chairman: Councillor JOHNSTON.

Councillor JOHNSTON: On 4 December I was cruelly cut down before I could speak to this matter.

Chairman: Just speak to it.

Councillor JOHNSTON I—well, I'm intending to, Madam Chairman.

Chairman: Well, get on with it.

Councillor JOHNSTON: I'll start by saying, Madam Chairman, by reminding everybody what was said last year about this motion by Councillor McKENZIE, and I look forward to his substantive contribution to the debate today.

Firstly he says “I don't believe that we're qualified to make a decision here today. I believe this motion should be laid on the table until advice from traffic engineers is provided.” He wants some technical advice from the Council traffic engineers. Now, Madam Chairman, keep that in your mind just while I come back and discuss this matter.

I note that on my table today I was provided with a copy of the memo from the Council officers. There is only one relevant paragraph in that memorandum and I'll put that on the record. This is why we have been delayed for months and months and months. It's on page two, it's under the subheading date 2012, DTMR (Department of Transport and Main Roads) Senior Adviser Road Safety


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advised: “it would not be appropriate to have angled parking in McCulla Street because with parallel parking children can enter the vehicle from the footpath rather than road. Entering and existing from a parallel park is safer and quicker.”

Now Madam Chairman, on the common sense face of it let me say this: parallel parking means that there is a footpath on one side of the car but there's no footpath on the other side of the car; that would be a road. So Madam Chairman, that statement just from a common sense point of view is categorically untrue.

If we have angled parking, which is what the residents, what the school wants, what their traffic engineers say is feasible, it means that children can access both sides of the car without entering into the carriageway. It means they can put their books and their lunchboxes and their musical instruments and their sporting instruments, which these kids at Sherwood all do, into the boot of the car from the footpath. It means they can walk directly from the footpath and, Madam Chairman, they can hop into the passenger doors of the car without going anywhere near the road. Without having to cross behind a car where there's another nose of a car that is immediately behind them, where that mother might be trying to pull in and out at the same time kids are trying to get around and get into doors from parallel parking.

Now Madam Chairman, we've waited months—months—for this technical insight from Council officers to say why angled parking is not allowed, and it's rubbish. That's the only word I can think of. That is the only paragraph in this memo that provides any reasoning at all as to why this should not happen. It is rubbish and, be clear, I will be publishing this as widely as possible.

I will restate for the record what's going on here: for four and a half, nearly five years, the school community at Sherwood has been pushing to have McCulla Street parking upgraded as a long-term parking solution, Madam Chairman. They have petitioned. They went to see the LORD MAYOR when he was Infrastructure Chairman. He said to them, sure, sure, no problem. He reneged on that.

They pushed and pushed. I pushed with them. We got it back onto the agenda. In 2011 Council put through a motion for parallel parking which I didn't support. I didn't support it at the time. I note, Madam Chairman, you believe that nothing goes through this Council without the support of the local councillor but that's just not true because this Council pushed through a solution at that time which I didn't support, the school community didn't support. It's brought forward funding for parallel parking in McCulla Street which again the school does not believe is the appropriate solution.

Now Madam Chairman, I know that this Council has designed a compliant solution for rear angled parking. We saw it. The P&C president, the school principal and I sat there while the Council officers showed us a Council designed project plan for rear angled parking. We were told that they don't like it but it complies fully with the uniform manual traffic control devices compliance guidelines.

Now Madam Chairman, it is very clear that the State Government regulations in this area absolutely allow rear angled parking. I have those guidelines here. They outline the conditions upon which rear angled parking should be allowed.

Does the memo before us today address any of those issues? No it does not. This Council does not like the solution that the Sherwood State School have been pushing for. We know that because they've tried to delay this motion over and over and over again. The relevant state government legislation says rear angled parking is allowed. It says there are controlling factors.

If this Council was genuine it would have addressed in this memo before us today. There is not a peep about it. That says very clearly to me, Madam Chairman, that Council's Technical Road Officers could not find a legitimate reason under the uniform manual that prevents angled parking, because if there was a legitimate reason it would be in this memo and it would be before us today. It is not.


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Now the school has done a lot of homework on this. They've gone out and they've got their own traffic consultant's report which supports rear angled parking, Madam Chairman. They've thought it through. They understand, as a school community, that this is the best solution to suit them. They want their little kids, the preppies that have to sign in and out, they want those parents to have parking. Otherwise there are other roads around this school where it's not safe and you can't park.

One of the streets is a loading zone. That's great, Madam Chairman, the school does, there's a big Active School Travel program there too, Madam Chairman, all of these things the school is doing. They are looking for a solution that is tailored to suit a 130 year old school solution, Madam Chairman, and there is not one skerrick of technical evidence in this memo that says why it can't be done, not one bit, Madam Chairman. Now the only other issue Council raises is the cost. Now you tried to delay this back in November, Madam Chairman, the school, let me be clear, does not want additional funding. The school is happy to do what it can now, be put on the list for additional funding.

I know that the State member and the Federal member fully support the school's views. Now, Madam Chairman, let me make that clear that Scott Emerson, the Minister for Transport and the Minister for Indooroopilly he supports Sherwood State School, Madam Chairman. The Federal member for Moreton, an ALP member, he fully supports Sherwood State School. Madam Chairman, for the past four and a half years that's what I've been doing as their local councillor. You've got three levels of government representing the political spectrum saying this right solution for this school. We haven't got single reason, a single reason why it can't be done other than this Council thinks it's safer for children to hop into a car that's parallel parked than reverse angle parked.

Any common sense reading, Madam Chairman, will tell you that is not true. Rear angle parking means kids can get into cars and access equipment in cars from pedestrian areas and not off the carriageway, Madam Chairman, it's a simple issue. Now, Madam Chairman, I know this Council is concerned about funding. We are not asking for additional money. They will be happy to do what they can now and seek further funding down the track. I know that they are looking for alternative sources of funding and now there's been a precedent set with respect to implementing funding from other levels of government. I'll be pursuing that more fully as well.

But, Madam Chairman, what I will say again is that we were expecting that some technical assessment of the uniform manual of traffic control devices would be undertaken. That was the whole reason that this got knocked over last year, that there was going to be this technical assessment. Clearly there's not. This is a Council preference, there is absolutely no technical reason that it cannot go ahead. What I will say to the school community is I will support your position as I have done. I know the LORD MAYOR was trying to tell my P&C president that I didn't really support them. That went down like a lead balloon I can tell you. They're not silly out my way.

But, Madam Chairman, what I will say is that the ultimatum that is in the last paragraph of this memo is absolutely rejected.

Chairman: Councillor JOHNSTON, your time has expired. Further debate? Councillor OWEN-TAYLOR?

Councillor OWEN-TAYLOR: Thank you, Madam Chairman. Madam Chairman, I rise to speak on this motion. Certainly a lot of the comments that Councillor JOHNSTON has put forward tonight, I think they reflect the fact that whilst she may go to the schools in school hours she's not a parent and she doesn't regularly have children in her car.


Chairman: Order.

Councillor OWEN-TAYLOR: Because having children, particularly school age children, puts a different perspective on things. As far as a vehicle having a driver side and a passenger side, I'm sure the majority of us in this Chamber are aware of a small device


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called child-proof locks which any responsible parent would have activated on the driver's side, so at no time can the children jump out on that side, particularly when there are school pickups and drop-offs. That is why when we're dealing with parallel parking we are dealing with a safety issue. There isn't this concept of children jumping out of the car into the traffic from the driver's side because you do pull up with the passenger side to the footpath, whether it's in a drive through drop-off zone or whether you're parking in a parallel park outside of school.

Now it is quite clear from the briefing note which Councillor JOHNSTON has read that there are specific safety concerns that have been raised by the traffic engineers that have gone through this investigation. The Council officers have been involved in this situation and dealing with the school through the different processes, whether it's been through the Active School Travel process, whether it's been through the SafeST process and the early funding allocations that came through in 2005-06, all of this has been gone through extensively. It has been quite clear repeatedly that angle parking is not deemed to be the right solution in this situation.

Now the engineers have made this quite clear on numerous occasions and as well, I'll go back to the briefing note where it clearly says that the DTMR Senior Advisor Road Safety advised it would not be appropriate to have angle parking in McCulla Street, because with parallel parking children can enter the vehicle from the footpath rather than the road, and entering and exiting from a parallel park is safer and quicker. Now Councillor JOHNSTON made the comment that with angle parking, rear angle parking, kids could put their stuff in the boot and they could enter the car without walking on a carriageway.

Well a road is a carriageway and they would actually be walking on the road to walk from the boot to the doors. So Councillor JOHNSTON you haven't quite got that one right there. There have been some very unfortunate circumstances across this city and this is a very serious issue. Safety around schools and the safety of children is of paramount importance. There have been councillors in this place that have encountered situations at their schools where a child has been reversed over and Councillor JOHNSTON it's all well and good for you to stand over there and laugh and carry on but for those of us with children—

Chairman: Order.


Councillor OWEN-TAYLOR: Very serious.

Chairman: Councillor OWEN-TAYLOR. Yes Councillor JOHNSTON?

Councillor JOHNSTON: Madam Chairman, that is an outrageous comment. I was not laughing. Councillor ABRAHAMS asked me a question to which I responded to. I find that offensive, pathetic and I ask you to ask her to withdraw it. It's simply untrue and it is absolutely an adverse reflection, look at us, have a look on her face, Madam Chairman.

Chairman: I do not support your point of order resume your seat. Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Thank you, Madam Chairman. Madam Chairman, it also reflects in this briefing note a critique by engineers, Council engineers, of the report which was provided to the school by their consultant. That report was found to be and I quote, unclear, ambiguous and vague and did not provide a balanced argument on the advantages and disadvantages of different types of parking configurations. The report also does not state that the consultant recommends angle parking, only that the option of angle parking be further considered.

So even their own consultant couldn't specifically say that angle parking was the decreed solution. Madam Chairman, it also goes on to state in the briefing note relevant to this matter that the consultant's reasons as to why reverse angle parking would be preferred over nose parking, they seem to be somewhat trivial and fail to identify the issues with reverse in parking which can include


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excessive footpath obstruction to pedestrians, and the production of exhaust fumes on the footpath if vehicles are idling to pick up school children.

But on top of that the most critical factor, particularly when we are dealing with primary school age children, is that any road safety expert will tell you, until a child reaches the age of about 12, their peripheral vision isn't fully developed and their consciousness around cars and roads is not honed in. We have to do everything we can to make sure these areas are safe. Reversing around a school zone is one of the most dangerous aspects because you cannot always clearly see what is going on behind your car when you have got children who are shorter than the vehicle.

That is why it is always better to be driving in a forward direction so you can clearly see these children. Madam Chairman, there is also a cost factor. To build 18 parallel parks the cost is $118, 475. To construct 18 reverse in angle parks it is $316,700 and that is primarily due to a lot of drainage issues. That cannot really be justified when you have got the more important safety considerations that have to be brought into play particularly in this area. Madam Chairman, I know that Councillor JOHNSTON has stated here tonight that she feels what the Council officers have said is rubbish.

Well I strongly refute that because the Council officers have based their decision on safety. The most important factor in the Council officers' decision has been safety. I don't know why Councillor JOHNSTON is so adamant to have a go at the Council engineers over this. They have repeatedly been through this and they have tried to look at all the options but when it comes down to it at the end of the day, safety has been their primary concern. As far as we're concerned, Madam Chairman, safety is our concern on this side of the chamber.

414/2012-13Motion be now putIt was moved by Councillor Angela OWEN-TAYLOR, seconded by Councillor Andrew WINES, that the motion be now put. Upon being submitted to the Chamber, the motion, that the motion be now put, was declared carried on the voices.

Chairman: Councillor JOHNSTON.

Councillor JOHNSTON: Thank you, Madam Chairman. I rise to sum up on this and to refute a number of the ill-informed statements made by the Councillor opposite, Madam Chairman. Firstly can I say that no one has had the courtesy to stand up and say how the Sherwood State School proposal does not comply with the laws of this State, Madam Chairman. That is not in this memo. That is the issue that Sherwood State School have asked Council officer after Council officer, tell us why it doesn't comply with the uniform traffic manual requirements.

Madam Chairman, no Council officer has been able to tell us because there is no technical reason, Madam Chairman. It is clear that angle parking is allowed. It is clear that there are certain conditions, Madam Chairman. The fact that this Council cannot say that this proposal breaches those conditions, Madam Chairman, absolutely exposes their argument and opposition against this proposal as a sham. The language itself is very telling, Madam Chairman. Let me say this. It is Council's preference, we believe it's appropriate.

Madam Chairman, these are words that do not reflect, not legally allowed, not technically allowed, not technically supported, preference, appropriate, Madam Chairman. Not words that say there is an impediment, a real impediment to this proposal. Now we have heard what the representative of the administration say what she believes those impediments are. Let me recap and to the Sherwood residents I apologise in advance for her comments. The first and most important reason she said that this should not be supported is because Councillor JOHNSTON is not a parent. So Councillor JOHNSTON doesn't understand. Madam Chairman, poppycock, Madam Chairman, that's offensive.

I thought, Madam Chairman, we got passed this with Julia Gillard a few years


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ago. Yes it's true I haven't got any children but I presume that means that Councillor WINES can't make an informed decision for his constituents when it comes to children's issues or Councillor MURPHY or Councillor GRIFFITH. That's the most offensive and ridiculous argument that I've ever heard.

Councillor OWEN-TAYLOR: Claim to be misrepresented, Madam Chairman.

Chairman: I'm not sure that you are Councillor OWEN-TAYLOR. Okay.

Councillor JOHNSTON: Secondly, Madam Chairman, I'm going to place on the record and I think this is deceptive, Madam Chairman, and I think it's Councillor OWEN-TAYLOR's interpretation but if it's reflected in this memo then I'll be taking that further with Council. But she said, Madam Chairman, that the report prepared by Sherwood State School traffic engineers didn't support the angle parking. Madam Chairman, I'm going to read several sections from it. It can't be any clearer. “The advice of the P&C has correctly identified that reverse in parking is the safer option. I am of the considered view that for a school locality, reverse in parking is significantly preferred over nose in or parallel parking for the following reasons.”

There's a heap of reasons. It goes on over the page, Madam Chairman. I am of the view that on balance these considerations are not—these are the Council considerations which are cost, road geometry and safety—he goes on to say that Council considerations are not for the most part valid reasons to preclude consideration of angle parking, nor in combination—

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

CHAIRMAN: Point of order against you, Councillor JOHNSTON.

Councillor OWEN-TAYLOR: Claim to be misrepresented for a second time.

Councillor JOHNSTON: I haven't—I'm quoting from a report from—

Chairman: Councillor JOHNSTON please get on.

Councillor JOHNSTON: Well I'm trying. I'm quoting from a technical report from a traffic engineer, Madam Chairman, nor in combination did it provide sufficient impetus to preferred indented parallel parking bays. Madam Chairman, there cannot be a stronger technical support document and I table that document so everyone can see how misleading those statements were. These engineers support the Sherwood State School solution of rear angle parking. Madam Chairman, we all want safety around schools. Bringing this debate back to quite an emotional topic is not appropriate in this case, Madam Chairman.

We should have clear technical information that is available to us. That's why Councillor McKENZIE delayed this issue for months because we needed to—he wasn't technically qualified. Now he is suddenly technically qualified, Madam Chairman. Where is Council's evidence to support its findings? It's not here, Madam Chairman. If this Council was serious it would have addressed the uniform manual traffic code conditions and it does not, Madam Chairman. We know Council prefers parallel parking. The school's heard it over and over again but we know this Council has provided a design for rear angle parking. We know it complies with the law of this state. We know Council doesn't want to do it, Madam Chairman, that's not a good enough reason.

Chairman: Councillor JOHNSTON, your time has expired. Councillor OWEN-TAYLOR?

Councillor OWEN-TAYLOR: Thank you, Madam Chairman. On the two points of misrepresentation, Madam Chairman, I was clearly making a contrast that there are people in this place who are parents, who are regularly in school zones and who utilise child-proof locks to ensure the safety of their children and there is—


Chairman: Yes, Councillor JOHNSTON? Councillor OWEN-TAYLOR is in the middle of her misrepresentation statement.

Councillor JOHNSTON: Yes and, Madam Chairman, I have a procedural point of order about that.


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Chairman: Well no you don't. Resume your seat and let Councillor OWEN-TAYLOR make her points of misrepresentation. Thank you. Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Thank you, Madam Chairman, I appreciate that. Madam Chairman, the main reason that we are discussing this tonight is about the safety of children and the process of maintaining safety around schools when they're getting in and out of—

Chairman: Councillor OWEN-TAYLOR what did Councillor JOHNSTON say that misrepresented you? Sorry?

Councillor OWEN-TAYLOR: Well she was saying that the main reason I was having a go at her was because that she's not a parent but that's not the case because I was clarifying the whole process of what parents do when they are driving their children to school. They ensure the child-proof locks are on.

Chairman: Okay. The second point?

Councillor OWEN-TAYLOR: The second point of misrepresentation, Madam Chairman, where she claimed I was being deceptive and that the memo did not state that the engineer did not support rear angle parking. I was quoting from the briefing memo, which Councillor JOHNSTON has read which is on page 2 in the second paragraph of the issues which clearly states, and I quote once again, the report also does not state that the consultant recommends angle parking. That is what briefing note from Council engineers states.

Chairman: Thank you Councillor OWEN-TAYLOR.

Councillor OWEN-TAYLOR: Thank you, Madam Chairman.


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


AYES: 1 - Councillor Nicole JOHNSTON.

NOES: 25 - 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 the Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Shayne SUTTON, Peter CUMMING, Kim FLESSER, Steve GRIFFITHS and Victoria NEWTON.


At that time, 7.03pm, it was resolved on the motion of Councillor MURPHY, seconded by Councillor Kim MARX, that the meeting adjourn for a period of 1 hour, to commence only when all councillors had vacated the chamber and the doors have been locked.

Council stood adjourned at 7.08pm.

Thereupon, Councillors Nicole JOHNSTON and Peter CUMMING immediately rose and called for a division, which resulted in the motion being declared carried.


AYES: 18 - 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,


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Angela OWEN-TAYLOR, Julian SIMMONDS, Andrew WINES, and Norm WYNDHAM.

NOES: 6 - The Leader of the OPPOSITION, Councillor Milton DICK, and Councillors, Shayne SUTTON, Peter CUMMING, Steve GRIFFITHS, Victoria NEWTON, and Nicole JOHNSTON.

ABSTENTIONS: 1 - Councillor Helen ABRAHAMS

UPON RESUMPTION:

MOTION FOR SUSPENSION OF RULES OF PROCEDURE:416/2012-13

At that juncture, Councillor Ryan MURPHY moved, seconded by Councillor Andrew WINES, that the Rules of Procedure be suspended to allow the moving of the following motion

That Council advise the Sherwood State School that based on the advice of Council’s engineers that the proposal for rear angled parking is not supported.

Further, that if the school wishes to proceed with the project which is funded in this financial year that a decision is required by the end of February.

Further, that should the school not wish to proceed with the SafeST project, that the funding is redirected to changes to the Cannon Hill State School SafeST project, which is also funded in Council’s budget this financial year.

Chairman: Councillor MURPHY you have three minutes to establish urgency.

Councillor MURPHY: Madam Chairman, we all know a briefing note was released this morning by the Service Delivery Manager for Transport Operations, a briefing note which I believe is damning of the local councillor and her recalcitrance when it comes to this project.

In it we see, Madam Chairman, that year after year this Safe School Travel Project has been delayed over the form of the project, whether it be delivered as indented parallel parking or rear-in angled parking.

Council’s preferred option is parallel parking which presents a far better value for money option and delivers the same outcome in terms of car parking spaces. The local councillor and the school want angled—

Chairman: Urgency. The reason why it needs to be dealt with right now—

Councillor MURPHY: Madam Chairman, it’s urgent because it’s now crunch time and the end of the financial year is approaching. The project is yet to begin. So given that the funds are allocated in the 2012-13—

Chairman: Order.

Councillor MURPHY: Madam Chairman, given the funds are allocated in the 2012-13 Budget we either need to get on with this project now or use the money elsewhere and I’m proposing that the money be used for a worthy cause providing the funds needed for service relocation in an otherwise shovel-ready Safe School Travel Project at the Cannon Hill State Primary School.

It’s vital that we have this debate now so that if this impasse is not resolved that the money won’t continue to sit on BCC’s (Brisbane City Council) books, but rather be used for its intended purpose which is keeping kids safe as they travel to and from school.

Madam Chairman, we need to have this debate now to provide clarity to Council officers and both the schools as to how we move forward with this allocation of money. So I urge all councillors to support urgency for this motion.


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

Consideration of motion under suspension of Rules of Procedure – Sherwood State School funding for rear angled parking

417/2012-13Councillor Ryan MURPHY moved, seconded by Councillor Andrew WINES:

Chairman: Councillor MURPHY?

Councillor MURPHY: Madam Chairman, I move the motion as read and I thank the Chamber for their indulgence on this matter.

Any debate over school safety that we have here is a very important one. As a young student at Mansfield State School I witnessed a near fatal traffic accident there. It’s a very important program that we run—the School Safe Travel Program and there are many schools in the Doboy Ward that benefit from it.

That’s why, Madam Chairman, it’s so disappointing to see that the continued obstinacy of one councillor gets in the way of delivering an important project to Sherwood State School for so long.

This project has been held up in consultation for years now. If you read the briefing note you’ll see that this has been in the works since 2008. It’s now 2013 and the project is still yet to be delivered.

Madam Chairman, the preferred option of the school and Councillor JOHNSTON supports 18 car parks at a cost of $316,700. The preferred option of Council is to deliver the same amount of car parking spaces for $118,475 as outlined in the briefing note. Councillor JOHNSTON’s preferred option is almost three times the cost of Council’s and would result in a number of other schools not receiving funding for their safe travel programs were Council to agree to the extra cost and for what benefit? There wouldn’t be a single extra car parking space on McCulla Street and one has to wonder whether this is politically motivated.

Even the independent report commissioned by the school and conducted by MRCagney does not recommend rear-angled end parking over the parallel parking and has been dismissed by Council officers and State Government planners alike as being superficial in nature only.

But put aside all this, Madam Chairman, the simple problem is this—that Council, the school and the local councillor don’t agree on the preferred design. This is a democracy and that is fine. However, there should be no agreement that funding should be diverted to a different project at a school where (a) Council agrees with the school on a preferred design, (b) the State Government are in agreement with the preferred design and importantly (c) the local councillor and State member agree on the preferred design

Madam Chairman all these are true of the Safe School Travel Project at Cannon Hill State Primary School on Princess Street a project which was funded in this year’s Budget but unfortunately in the detailed design phase, officers discovered that the service relocations would put the project outside the allocated Budget by an estimated $110,000. The project will unfortunately have to be deferred if another source of funding to cover the shortfall isn’t found.

So, Madam Chairman, here tonight we have the opportunity to utilise the money loaded in the Budget for the Sherwood State School on a project in Cannon Hill that is of equally deserving importance and is shovel ready. Here we have an opportunity to stop throwing good money after bad and if by the end of February the local councillor and the state school don’t wish to proceed with the Council preferred option, we can still get a great outcome for the school kids in Brisbane.

I look forward to the support of the chamber for this motion and in particular


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Councillor SUTTON who I know has been working with Aaron Dillaway and Councillor SCHRINNER to progress this project even though she’s absent from the Chamber at the moment which is disappointing.

Madam Chairman, I commend the motion to the Chamber.

Chairman: Further debate? Councillor DICK?

Councillor DICK: Look thanks, Madam Chair, and I’ve seen in my short time in this place I’ve seen a lot of hard politics played, but never have I seen this Council play politics with a school.

What this Chamber is asking tonight is—you are bullying and threatening a school; that if a school community does not agree with a proposed change you are going to take that money away from the school, not negotiate with the school, not act in good faith, not sit down with the school, not talk to the school parents.

It’s all very well for the B team to have the running of the show tonight. It’s clearly obvious Councillor MURPHY—through you Councillor de WIT—have you spoken to the school, have you spoken to the teachers, have you spoken to the parents, have you spoken to the local residents who are nearby? I don’t think you have. So how outrageous to come in here tonight and put a gun at a school’s head. This isn’t your money, this isn’t the LNP’s money, this is ratepayers’ money that you’re talking about. If you don’t want a project to proceed you’re in charge of it.

Madam Chair, this is just ridiculous and no wonder they are all completely silent and heads down because you all know what I’m saying is true. Through you, Madam Chair, they are embarrassed about this, so let’s be clear. If you don’t agree with what the LNP want at your school community you get punished and more importantly if you don’t vote for the LNP you get punished. Well, Madam Chair, I won’t have any part of this. I will not be a part of politics when it comes to school safety.

I acted in good faith because I believed what the LNP said before a short time ago in this chamber when they actually ran an argument which I supported, but what happens? No wonder they wanted a dinner break so quickly; so they could plot and plan and scheme for their next political operation. That’s what we’ve now come down to.

I notice the chair of infrastructure or the LORD MAYOR didn’t want anything to do with this. They sent the B team in to do the dirty work and I bet the chair of infrastructure won’t speak on this as well because he has too much sense and I have too much respect for him as a chair and DEPUTY MAYOR and the LORD MAYOR who wouldn’t want a part of this.

Let’s get real. If you really want to negotiate with the school and you’re worried about the school community, pick up the phone, go out and take the drive to Oxley Road and sit down with the school and find the common ground, find the middle road. Don’t put a gun at the school community. I mean can you imagine on the school gate tomorrow when Councillor JOHNSTON I’m sure and the parents find out about this, that at this meeting tonight the LNP used all its muscle and bully tactics and came in and said to the parents well you don’t agree with us so we’re going to take the money off you because we have a difference of opinion.

I mean this is la la land stuff, this is crazy stuff, that we’re going down a path—and let’s be clear this is the precedent now—that apparently that if I don’t support a project in my area it won’t go ahead because that’s what the LNP are doing tonight because apparently now the policy is that if councillors don’t support what the LNP are doing they’re not going to do it. Well that’s interesting because that hasn’t happened in the last five years since I’ve been here and apparently when you disagree with the LNP they just roll over and say alright well we’re not going to do what you want. Well I think there’s a lot more politics to this.


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We know that the LNP and those opposite absolutely pathologically hate the independent councillor for Tennyson because she stood up to them and she rejected what they wanted to do—

Chairman: Councillor DICK I would ask you to withdraw that comment. That’s language that I think’s uncalled for.

Councillor DICK: Madam Chair, I’ll withdraw at your direction—

Chairman: Thank you.

Councillor DICK: —and say I know for a fact that the LNP are extremely dirty—the LNP are extremely dirty and angry that one of their own turned against them because they had enough of the bullying tactics inside the party.

Now, Madam Chair, I don’t want a part of that. If that’s a fight that the LNP wants to have with an independent councillor well I’ve got too much to do to worry about the personal politics and the petty factional fighting inside the LNP. I’ve got way too much to worry about for the people of Brisbane, my own community. I’m not interested in any vendettas that either side may have. With respect to both parties, well they can slug it out, Madam Chair. I’ve got bigger fish to fry and more things to worry about for the people of Brisbane.

However, when it comes to school safety, when it comes to the cuteness of those opposite, trying to ram through a motion to say well we’re going to take the money off the school community because you don’t agree with us. Well, Madam Chair, if these projects are so important, the LNP should be getting on and doing both of them. They should be getting on and delivering them if they are so critical and they are so important.

What’s the next thing? If we don’t support this motion tonight they’re going to redirect the money again? They’re going to put the money into somewhere else? Well I want no part of it. I will have absolutely no part of this nonsense and rubbish that the LNP are trying to do at the worst lowest common denominator—playing politics with school parents. Well I can only imagine what the parents are going to say to this when they find out that no did the LNP want to negotiate and talk about school safety? Did they want to sit down with the parents? Do they want to attend the P&C meetings? Do they want to negotiate with a suitable outcome that perhaps some middle ground could be found? Well, Madam Chair, that’s your job, that’s your job to find an outcome and solution to problems. Not to simply put a gun at people’s heads and say well if you don’t agree with us we’re going to punish you.

I mean what sort of country do you want to live in, what sort of city do you want to live in if that’s how you’re making decisions? All through the prism of politics. All through the prism of how can we score an advantage, how can we look better than the independent councillor for Tennyson. How can we score one hit because she left us and then the LNP weren’t successful in that ward. How can we win the next war? Well my message is very clear to those opposite tonight. Give up on that war. Focus on the job that you’re supposed to do which is giving value for money for ratepayers, fixing the service delivery, stop cutting back services, stop playing politics with school communities and safe programs, get on and do what you’re paid to do and actually deliver outcomes.

This is a disgrace, this is nonsense and I’ll have no part of it.

Chairman: Further debate? Councillor JOHNSTON?

Councillor JOHNSTON: Yes, Madam Chairman. Just briefly to this very misguided motion. I certainly echo and endorse the comments of Councillor DICK and I don’t believe that the LNP has thought this through and perhaps they might like to withdraw this motion. There is no reason for the motion to go ahead.

Of course the school will be notified about what’s happened, but what I will put on the record are two very important issues that show how pathetic the motion is. Firstly, this is now the third ultimatum that Sherwood State School have been given. Last year we were told you must agree to parallel parking by 11 September or else. That date passed; we continued to try and negotiate a solution


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that suited the school.

Then they got another ultimatum which was published in the local paper. The P&C president was so incensed by—let me start again—the P&C president was so incensed because he was given an ultimatum that they had to agree with parallel parking by the end of the financial year or forfeit the money he went to the paper.

Now he was on the front page of the Westside News. Not me, he didn’t tell me. He went off and did this with his parents. He was outraged by that ultimatum at Christmas, Madam Chairman.

Now we have a third ultimatum. It will not be a shock to the parents of Sherwood State School and I see Councillor HOWARD over there should be a bit concerned. She’s certainly knowledgeable about this area as a former electorate officer. But what I will say is these parents will not be surprised that this Council is putting another ultimatum on them using bullyboy political tactics to force them to a particular outcome.

Now if Councillor MURPHY had bothered to do any of the things Councillor DICK raised, he would know this—he would know that the school prefers to have the solution they believe is in the best long-term interest of the school community and that’s what they will advocate for. They will shake their heads at this and they’ll say what on earth is that Council doing in there, Madam Chairman, but they will not be daunted in their quest to have the best solution which in their view is rear-angled parking.

Now the second issue I want to put on the record is that not a single councillor from the LNP side has bothered to speak to the Sherwood State School about this issue. Now I will say that a few years ago the LORD MAYOR—we did have a meeting with the LORD MAYOR. That was about getting any kind of funding, so we’re just particularly talking about rear-angled parking here at the moment.

Last year I wrote to Councillor SCHRINNER, I also spoke to Councillor SCHRINNER and I asked him and implored him to meet with the school’s representatives. He refused to do so and he still refuses to do so to this day. I know that he has told the P&C President who also separately asked him for a meeting to discuss this matter. He would not meet with him.

Madam Chairman, it is a matter of fact that the Infrastructure Committee Chairman refuses to meet with this school about the matter.

Now Councillor MURPHY’s new here. He’s the whip. He’s getting up doing what he’s told to do. Let me say this—and he’s nodding his head so that’s good—let me say this—this is a misguided motion. It is unnecessary. The school is already being pressured about this matter and has been pressured. It is wrong, absolutely wrong to do this to a community of parents who care deeply about this issue.

Let me tell you, five years I’ve been the councillor now. Every single P&C meeting I go to—and I go every month to my local school. It’s about 150 metres from my house so I go to them regularly—every single P&C meeting this issue is raised. They are resolute; they will not change their minds. To be given an ultimatum in this way is a slap in the face to every rate paying resident of this city. It is embarrassing that these people have put this motion up here today. I’m disappointed, Madam Chairman, disappointed that they’ve chosen to play such petty politics with what is a serious issue to this school community.

Now, Madam Chairman, it won’t surprise them. I know Councillor DICK was outraged and I could hear that in his voice, and rightly so. This is just off. There’s no need for a motion, let’s be clear. There’s no need for this. The LORD MAYOR just wrote off to every resident of Yeronga telling them there’s a new Yeronga pool. He can certainly find the time to put pen to paper on his own initiative or maybe Councillor SCHRINNER and tell them the outcome of the debate.


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Now, Madam Chairman, it’s also unnecessary because I’ve already done it. They already know. They already know the deadline. They already know what the basic thrust of the memo is. This is pointless. This is a waste of this Council’s time. It is simply politicking for politicking purposes and, Madam Chairman, they’re smart, well-educated people out in Sherwood and they will absolutely see this game playing and childishness for what it is.

Chairman: Further debate? Councillor ABRAHAMS?

Councillor ABRAHAMS: Thank you, Madam Chair. I think the two councillors who spoke before have clearly shown the dismay and are still in shock at the low level at which the LNP have resorted to with this urgency motion.

But the one thing I would like to reflect on, as one of the senior women on this side, is I have never seen the gender politics being used against a councillor as was done initially before we went to recess, scathing her on—

Chairman: Councillor ABRAHAMS we’re now debating the motion in front of us not the one that was before the break, thank you.

Councillor ABRAHAMS: I wasn’t talking to a motion, I was talking about the debate and I would like to talk—

Chairman: Yes you were talking about—well we’re talking about the current debate Councillor ABRAHAMS please.

Councillor ABRAHAMS: The LNP resorted to in the lead up and background to the motion we’re considering about whether a person had a child or not. We have seen—

Chairman: No Councillor ABRAHAMS you’re the one who is introducing—I think the sort of debate that you are saying you’re trying to decry. The current motion in front of us does not deal with what was in the motion that we dealt with before the break. This is a motion that is dealing with what will happen to the funding that’s allocated to Sherwood State School and where it might go, so please talk to that.

Councillor ABRAHAMS: Madam Chair, I take your advice and I will no longer continue because I think it is sensitive to everyone in the Chamber because we know the international outcry when these politics were used previously by the LNP. But now we are looking at this motion as you have directed me to.

This motion holds a school community to ransom where they have no knowledge of what is being put before Council to be debated. We have just heard, as predicted, they have not been consulted, they have not had the ability to sit down and put their case. There has not been a discussion where people can genuinely listen and learn and try to seek a solution.

All SafeST Projects around schools are emotional. All of them are probably some of the most difficult and I’m aware of that because I managed this Council branch. But the most important thing to achieve them and to achieve them in a timeframe was to start off with a blank sheet, talk it through with the community and make sure that both sides understood what was no go and what wasn’t.

We have heard today that has not happened. If that hasn’t happened it’s extraordinary circumstances and those circumstances is why the LNP have come to the lowest level of I’d have to say bullying. I’d have to say holding a gun at a community because that is the only way they understand to achieve anything and the community will never respond if they have a gun held to them. This is totally inappropriate. It is inappropriate for any of us to hold a community responsible in this way.

As Councillor Milton DICK said, he believes it’s because they didn’t vote for the LNP. He believed because they’re supporting their local councillor and so do I and this is totally unacceptable.

It is almost too clever by half this motion because it is irrelevant where the money goes in the next project. That is not the issue. The issue is that the LNP is holding a community to ransom.


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I see every one of the people that I respect on that side with their heads down. Please think through this decision, this motion. It is totally, totally irresponsible and something that I’m sure you will regret in future times. It is completely un-thought out. It is the lowest of the low.

Chairman: Further debate? Councillor MURPHY would you like to sum up?

Councillor MURPHY: Absolutely, Madam Chairman, absolutely I would.

Look I first want to address Councillor JOHNSTON’s comments. I notice she’s left the Chamber at the moment. Look she’s done very well to try and build this straw man around the legality of one option or the other, Madam Chairman, the reverse-in parking versus the parallel parking and make the legality the issue of this debate.

Madam Chairman, it’s not the issue of the debate, in fact it’s really just a footnote in the briefing note. The reality is this debate is all about the cost. It’s about the money. It’s about the dollars, a line item in the Budget that is allocated to this project.


Chairman: Councillor ABRAHAMS you’ve had your—Councillor ABRAHAMS do not interject.

Councillor MURPHY: Madam Chairman, there are $118,475 allocated to this project. That is for the parallel parking option. It delivers 18 car parking spaces. Councillor JOHNSTON’s option is almost three times more expensive; it delivers the same amount of car parking spaces.

We’ve also heard the mock outrage from Councillor DICK who wants to say oh look, you know, why don’t you sit down with the school, why don’t you have a discussion with them. Well, Madam Chairman, what does he think we’ve been—through you, Madam Chairman—what does he think we’ve been doing since 2008. We’ve been talking to the school; we’ve been going over the options. The school has even commissioned a second report, an independent report, which came back and didn’t even recommend rear-end parking as a preferred option. So I just don’t accept this complete confected mock outrage.

I note that the opposition says how important—you know, how disgusted they are with this motion. Well they’ve all left the Chamber; none of them are even here. That’s pathetic.

So look I just want to say this to Councillor JOHNSTON for when she reads the minutes—politics is all about compromise isn’t it and sometimes you need to compromise to get an outcome for your school and this motion does that. If the school and Councillor JOHNSTON can’t agree on funding this project through the Council’s preferred option, then we can direct those funds to a project in a Labor ward, in Councillor SUTTON’s ward, so we can deliver an upgrade for that school.

So, Madam Chairman, the net loss of SafeST projects by this motion is zero. There are no projects lost by this. In fact, Cannon Hill State School will get a project that they desperately need and I think it’s disgraceful that Councillor DICK has not consulted or at least texted. Maybe he’s out there calling Councillor SUTTON now to say hey did you want us to support this motion because it actually delivers a project for your school.

So, Madam Chairman, I don’t accept any of their arguments, they’re ridiculous and they’re confected outrage just shows them up for the complete lack of any cogent argument against this motion that they have.

So, Madam Chairman, I commend the bill and I urge all councillors in the Chamber and the one opposition councillor that’s left, Councillor FLESSER, to support this motion.



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Thereupon, the DEPUTY MAYOR and Councillor Andrew WINES immediately rose and called for a division, which resulted in the motion being declared carried unanimously.


AYES: 22 - 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, and the Leader of the OPPOSITION, Councillor Milton DICK, and Councillors Helen ABRAHAMS, Kim FLESSER, and Victoria NEWTON.

NOES: Nil.

PRESENTATION OF PETITIONS:

Chairman: Councillors are there any petitions? Any petitions on the administration side? Councillor DICK?

Councillor DICK: Thank you, Madam Chair, I have a number of petitions. A petition regarding King George Square, regarding community halls, regarding costs of community halls, regarding bus services.

Chairman: Councillor FLESSER?

Councillor FLESSER: Thank you, Madam Chair. On behalf of Councillor SUTTON I have a petition of residents calling for traffic management in Thynne Avenue, Norman Park.

Chairman: Any other petitions? Councillor MURPHY can I have a motion please for the receipt of petitions?

418/2012-13It was resolved on the motion of Councillor Ryan MURPHY, seconded by Councillor Victoria 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 TopicCA13/71329 Milton Dick Requesting changes to King George SquareCA13/71356 Milton Dick Calling on the Lord Mayor to overturn the decision regarding

hiring security for events and bookings at Council community halls

CA13/71328 Milton Dick Requesting that Council overturn the decision to increase charges for seniors groups using Council community halls

CA13/71296 Milton Dick Calling on the Lord Mayor to guarantee that passengers will not be affected by the review of bus routes

CA13/71282 Kim Flesser on behalf of Shayne Sutton

Calling on the Lord Mayor and Council to fund the installation of traffic calming in the Thynne Avenue, Norman Park precinct

GENERAL BUSINESS:

Chairman: Councillors are there any matters of general business? Councillor KING?

Councillor KING: Thank you, Madam Chair. I rise briefly tonight to speak about a true local hero in the Marchant area who sadly lost his life with cancer only a few weeks ago.


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This of course was Paul O’Brien OAM. He was a chief legal officer in this Council for some 14 years and also served under several lord mayors under different political persuasions. My heart goes out to Roz and her family A message to Roz and her family is Paul will be sadly missed by the greater community.

Paul was involved with the Kedron Wavell Services Club for many, many years but most respected and known for his tireless work with Aspley Little Athletics.

In October when we had the Little Athletics awards, who was out there all day in the hot day working tirelessly up early in the morning getting the equipment ready so those little kids could have a lovely day? That was none other than Paul O’Brien. Paul O’Brien has been doing this for some 30 years for Little Athletics. He’ll be sadly missed by that community. In fact one of the committee members came up to me in the funeral and break down and said to me Fiona how am I going to continue my good work without Paul. Paul was the person that we could all rely on. How are we going to stand up? I said to her at the time you will find the strength because Paul will be with you.

Paul himself was a great member of the community who used to contact not only myself but I’m sure Councillor NEWTON as well and Councillor COOPER when there was ever any concerns. You knew when Paul came to you that help was desperately needed.

So my heart goes out to Roz and the family and the Little Athletics community. You’ll be sorely missed Paul and thank you for sharing your life with me. Thank you.

Chairman: Further general business? Councillor FLESSER?

Councillor FLESSER: Yes, Madam Chair, just briefly just on Paul O’Brien and also a parking matter at Nundah.

Madam Chair, I join with Councillor KING in offering my condolences to Paul O’Brien’s family. I was councillor for—covered the area of Geebung at Bowden Park from 1997 to 2000 and during that time I had a lot of contact with Paul O’Brien. I knew that he previously had been the city’s solicitor and I know that he had a very long and illustrious career with the Brisbane City Council. He didn’t see eye-to-eye with Jim Soorley I understand, but he was well respected in the Council.

I’m well aware of his great community spirit and all the work he did with both the Little Athletics—the Aspley Little Athletics—and also the Kedron Wavell Services Club and, Madam Chair, I was very honoured—and I can’t remember the exact year, but I was very honoured to bring to this Council a proposal to name the Paul O’Brien Oval in Bowden Park at Geebung and this Council unanimously I believe supported that proposal. So I think that’s a lasting legacy to the great work that Paul O’Brien has done both for this Council and also for the general community in Brisbane especially—those little kids who enjoy athletics at Geebung.

Madam Chair, the other matter I want to talk about very briefly was in relation to the parking issue at Nundah.

Madam Chair, there is a serious problem with parking at Nundah and I’ve been raising this matter with the Council administration for a number of years. There have been proposals put forward and been rejected by the Council Administration and at a recent meeting of the Nundah District Development Association it was proposed that I write on behalf of the Development Association to Council asking for a traffic expert from Council to come along to the meeting in February to discuss with the members of the Nundah District Development Association some possible parking solutions.

Madam Chairman, I did that as requested by the Nundah District Development Association with the very strong support of the secretary, Mrs Anne Reid I know who’s well known to LNP members in this Council and she is a very hard worker and she always has my great support. I know she doesn’t vote for me,


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Madam Chair, and works against me at Council meetings but we have a very good relationship.

Both her and I were very disappointed that the request to get a Council officer, an expert in traffic management, to come along to the meeting on 18 February was rejected by the LORD MAYOR.

Madam Chair, it’s just beyond belief that this Council with the resources it’s got can’t provide a Council officer to come along and discuss with a very august organisation, the Nundah District Development Association, to discuss with business owners and members of the community at that meeting the parking issues at Nundah.

Madam Chair, I would hope that between now and 18 February that the LORD MAYOR and the Council Administration, maybe Councillor SCHRINNER, might be able to fix this problem, but we really would appreciate an expert in parking to come along to that meeting. We know that’s there’s no easy solutions, we know that, but Madam Chair, this committee, this organisation, really would like some expert advice and some possibility of some options to go forward to solve those parking problems in Nundah. Thank you.

Chairman: Further general business? Councillor HUANG?

Councillor HUANG: Thank you, Madam Chairman. I rise to speak briefly on how the recent storm event has impacted our city and MacGregor Ward.

Madam Chair, during this year’s Australia Day long weekend we have experienced another one in a hundred year extreme weather condition in this city. Compared to the damage Cyclone Yasi brought to us back in 2011, the damage caused by Cyclone Oswald to our city was relatively modest. Of course there are both natural and human factors in determining the degree of damage brought to us by natural disasters, but as we do not have control over activities of the nature, we can always learn from the past experiences and minimise losses by diligent and prompt response to these natural disasters.

I would like to take this opportunity to commend both the State government and our Council staff for their preparedness in dealing with a natural disaster of this scale and the leadership and confidence demonstrated by our LORD MAYOR and the Premier in handling the situation and set our residents’ minds at ease.

When I was visiting my local shopping centre on that Sunday a resident came to me and asked me did the LORD MAYOR stay up all night last night. I replied in puzzle, I’m not sure, why? He said, I saw him wearing the same shirt in the media conference both yesterday and today. He must have worked tirelessly all night and didn’t have the time to go home and get changed.

Madam Chairman, I’m sure LORD MAYOR, chairman of all portfolios and all councillors would have made their maximum effort in this storm event to ensure our city, our residents, can be best protected from this extreme weather condition.

During this storm event, part of MacGregor Ward has experienced a loss of power and damages caused by strong winds and heavy rainfall. Some areas were out of power for up to 48 hours.

Over the long weekend I was out in the rain checking the water levels at Bulimba Creek and Mimosa Creek and posted photos on social media instantly to ensure residents were able to get firsthand information and put their minds at ease.

Madam Chair, I would also like to take this opportunity to express my most sincere gratitude to the Queensland Police Service, State Emergency Service, Fire and Rescue Service, local Emergency Services personnel, our hardworking Council staff, our contractors and dedicated volunteers, for showing your spirit and the best of human nature in a time of severe natural disaster.

Madam Chair, just days after the storm event Brisbane is back to normal. This city was back to business as soon as the storm is over. Since the storm event I’ve


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attended a number of public events including several Chinese New Year celebrations—by the way, happy Chinese New Year—and many people, especially international visitors—have come to me and told me how they were amazed about our speedy recovery from this storm event and the resilience of our city. I think these are positive comments to our city and to at least this administration.

Once again, I would like to commend the LORD MAYOR’s leadership and committee chairmans’ diligence in dealing with issues emerged from this storm event and their efforts to restore our city back to normal and move on with the serious business of running this city.

Chairman: Further general business? Councillor GRIFFITHS?

Councillor GRIFFITHS: Well done, thank you, Madam Chair. Look I also wish to speak in general business just regarding some of the issues affecting Moorooka Ward with regards flooding and in particular some of the issues affecting residents at Rocklea.

A couple of these issues I have raised before, in particular the Flood Buyback Scheme. I know that the LNP cut the Flood Buyback Scheme this financial year by $5 million, cut it in half, which is a significant reduction in the amount that we actually are as a city using for flood buyback and also comes at a time when our Premier is saying that councils need to be doing more about buying back properties and getting properties out of flood areas.

But in particular I want to talk about three homes in Rocklea that are in some of the lowest lying area that remains in Rocklea that still has residential houses on it. I have raised this issue once before.

These homes are slightly raised so that they are not impacted directly by flooding, but all the homes around them were and are affected by Q2 flooding, which means that they flood several times every two years.

So essentially what we have is a large area that has been bought back by Council, but these three houses remaining are surrounded by flood water.

So these residents are actually essentially cut-off from any services, they’re cut-off from actually being able to get their cars or their vehicles out or up the street, they’re cut-off from emergency services and they have requested that their homes be bought back or considered for buyback.

I believe that that makes imminent sense because all the other homes in the area have been bought back and because it would then mean that this street can be closed off and essentially this street is one of the lowest lying streets in Rocklea.

I will be writing to the LORD MAYOR. I have written to the LORD MAYOR before. I will be writing to the LORD MAYOR and once again putting this request to him because I believe it’s a common sense request and it’s a way of getting a resolution to the flooding issues experienced by these families. While the water doesn’t necessarily come into their properties, it isolates their properties and isolates them regularly at a Q2 level.

Secondly I would like to raise a point which residents—I attended a public meeting last week actually before the flood event—raised with me about the constant fill, particularly of industrial land which is below the Q100. This fill is occurring at Brisbane Markets or over at Rocklea along Marshall Road or along Ipswich Road and what it’s meaning is that it’s just placing water onto residential premises or it is affecting the diversion of water around these properties where this fill has been added.

I note that that is actually at odds with Council’s own accepted report brought in by the then Lord Mayor Campbell Newman, which said that we should be limiting and actually not doing fill on floodplain. So I find that a bit absurd that Council, even though it has this report and spent a lot of time and effort going through the process of discussing with local residents and with experts, that we are still allowing fill on floodplains that is affecting residents so much.


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Once again I’ll be taking this issue up with the LORD MAYOR and I hope that we can get a common sense approach to getting some fair dinkum results for the residents of Rocklea and I’ll keep working with the residents of Rocklea to ensure that we get the best outcomes we can so that in future as these flooding issues continue and to best evidence increase that we actually are removing some of our most vulnerable people in the city from these particular events. Thank you, Madam Chair.

Chairman: Further debate? Councillor JOHNSTON just before you start—sorry side-to-side Councillor McKENZIE’s next—

Councillor JOHNSTON: You called me.

Chairman: —but I need—Councillor JOHNSTON resume your seat. You know the rules; we go from side to side in general business. Do I need to read it out to you in the rules? I hadn’t spotted Councillor McKENZIE. Resume your seat.

Resolution to continue the meeting after the automatic seven hour adjournment/2011-12

The Chairman then advised the Chamber that as it was nearing 9pm, the meeting would automatically stand adjourned unless it was agreed to continue the sitting. She put the question of whether it was the will of Council that the meeting continue past 9pm, and the meeting voted in favour of the continuation of the meeting until all business had been completed.

Chairman: Councillor McKENZIE?

Councillor McKENZIE: Thank you, Madam Chairman. Thank you very much. I rise this evening to briefly talk about the Australia Day floods and how it affected my ward of Holland Park and the residents of my ward.

Holland Park was not profoundly affected by this event as was other wards. That’s not to diminish the hardship suffered by those who were affected throughout the ward and its suburbs. Many had power cuts and spent hours of cleaning falling trees and debris from their yard and in some cases generously assisted cleaning public areas.

Very quickly I’d like to publicly thank those residents who I did not see but who I know are living in the vicinity of Meridian Street, Coorparoo who appeared with chainsaws to cut away a large tree which completely blocked off the entrance to the Coorparoo Kindergarten. This was done as soon as Energex made the power safe by removing the lines.

Although Council workers would have attended to this in due course, the community service offered by these residents gave the director of the childcare centre, who happened to turn up to see what was going on, the surety that the centre would open on the following Tuesday.

I know other local residents who immediately performed cleanup jobs around the Coonara Street Park and the WJ Scott Park in Holland Park. The work of these residents is evident and no doubt they were on the job as soon as possible after this event.

Their actions are selfless community contributions and they are to be commended. The positive outcomes of this event for residents of Holland Park and the city are manifested in data the city officers gather to obtain to moderate future events. This is evident in the previous planning and the work Council has done to mitigate present creek floodings. Some examples in Holland Park of hydrological engineering can be seen at the Bowies Flat Wetland at Camp Hill, CB Mott Park at Holland Park and Norman Creek at Greenslopes.

Bowies Flat Wetland is home to many water fowl and ducks and are of great attraction to children. This wetland funnels massive amounts of water through the suburb under Old Cleveland Road and out of harm’s way.

CB Mott Park has been modified recently to allow faster movement of water


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exiting the pipes onto the green space. Previous heavy rain resulted in water backing up to the extent that at times water entered some local residents’ yards. This did not occur in this instance. I was continually visiting these areas over the long weekend and was impressed by how well Council’s mitigation actions were working. This foresight by Council is not slackening off with the Norman Creek Project being well in the planning stage, as is the Coorparoo Park Project, both of which projects will provide increased confidence to the community when the heavy rain starts to fall.

As we can see, every flood events prevents a different profile. When it rains, where it rains and for how long it rains cannot be controlled by dams, ditches or dykes. However, Council is continually improving flooding infrastructure and updating its responses to these events, many of which are largely unpredictable. For example, at a Neighbourhood Watch meeting I attended last night, residents sang the praises of the Call Centre. We heard previously the Call Centre responded to over 25,000 calls during the busy time of the emergency.

I would like to conclude with a thank you to Council officers and contractors from the residents of Holland Park and myself for the hard work and long hours put in by officers who are out there at the coalface during the downfalls and the wind during the cleanup. Thank you.

Chairman: Councillor JOHNSTON?

Councillor JOHNSTON: Yes, Madam Chairman, I rise to speak on a number of issues tonight. Firstly the Moreton Australia Day Service Awards, secondly Mr Paul O’Brien, thirdly Mr Harry Tooker and representing the community is the fourth issue.

I’ll start with Mr Paul O’Brien who is somebody that I also know but in a personal capacity, Madam Chairman. I was very saddened to hear that he had passed away in January. I know his son quite well, we were in the same year at school together and we used to have a part-time job together. So I have been to the O’Brien house on a number of occasions and I met Mr O’Brien who was an absolutely charming man on many occasions.

I know that Paul O’Brien Jnr, his son, came home with his wife last year, also known to others in this Chamber, and, Madam Chairman, I’m glad that Paul had some time with his dad after an extended overseas working career in London and Hong Kong. I hope that that gave them a great opportunity to spend some quality time together.

I’d like to pass on my condolences to the O’Brien family and it’s interesting that we’ve heard tonight about his service to this Council, which I know that he would have been very proud of. He was one of those gentlemen who I think was a very dedicated public servant, not only through his work here but also his work in the community on behalf of the Clubs Queensland Association.

So, Madam Chairman, my thoughts are also with Paul O’Brien Jnr. and his extended family with the passing of his dad.

It was also a very sad time in January locally in Tennyson Ward. A stalwart of the Sherwood Indooroopilly RSL Club, Harry Tooker, sadly passed away. Harry’s one of those absolutely iconic Australians that I think everybody would recognise. He was 92. He proudly served his country in World War II in horrific conditions in Papua New Guinea. He was a very proud man who grew up in country Queensland, raised his family. His beloved wife who—they were nearly 60 years married before she passed away a few years ago. He had been quite frail for a few years and his granddaughter, Sherry, looked after him with such beautiful care, Madam Chairman. Everywhere Harry went Sherry went and it was just such a beautiful thing.

The reason I’m mentioning Harry tonight is that he was one of those great unsung heroes, local volunteers in our community. For many years he ran the Sherwood Senior Citizens, he was an active participant right up until Christmas in these activities and in the 500 Club at the Sherwood Neighbourhood Centre and every year the highlight, the absolute highlight of his year, was to go and speak to the school children for their Anzac Day Ceremony at Graceville State


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School.

He’s been doing it—look I couldn’t tell you; probably been doing it for 30 or 40 years and he loved it, he loved engaging with the children, he loved talking to them about war experience and what it meant. He was an absolutely beautiful man and just to give you an idea of the real larrikin spirit that he had, he used to call me Honey Bunny which was just beautiful. I would always get a kiss and a cuddle from Harry and he was just a lovely man.

But obviously the previous councillor to me, Jane Prentice, she also had a nickname. He used to call her the Little Mermaid when she got the water portfolio back in 2004. So he just had this beautiful rapport, he knew how to make you feel very special. He was a gorgeous man and he’ll be sadly missed by our community.

Madam Chairman, the Moreton Australia Day Service Awards are quite an interesting affair. They’re actually named after Sir Jim Killen, an absolute stalwart of the Liberal Party and a man who I admire and respect greatly.

They were commenced by Gary Hardgrave when he was the Member for Moreton and they’ve been continued by the current Member for Moreton, Graham Perrett.

The Service Awards were handed out to volunteers in our community who make an extraordinary contribution to community life and I’d like to acknowledge the organisations that were recognised and the volunteers that were recognised there. That includes Junction Park State School volunteers, Madam Chairman, and I won’t name them because we’re not supposed to name individuals. It includes the Stephens RSL. There were two gentlemen again who just give such dedicated service to our community. Another—I don’t know what you call someone in their 90s, but another older gentleman in his 90s who I also got a kiss and a cuddle from. He also talks to children at Junction Park State School. Both of their Service Awards were well deserved, Madam Chairman, and the absolute stalwart greenkeeper, former president of the Graceville Crochet Club was also recognised.

Most importantly though the highest honour, the Sir Jim Killen Award, went to—and I will name this person because she’s a public figure—went to Adele Rice, the retiring principal of Milpera High School. Anybody who knows Adele knows she was committed for 30 years to helping refugee children transition from arrival in Australia to mainstream school. Milpera’s located at Chelmer. She is an extraordinary teacher, community advocate, Madam Chairman, and I think it was a well-deserved award. She actually used a really profound proverb and I’m going to repeat it here because it’s so good. I think all of us could be using it. It’s an African proverb. If you want to go fast go alone, if you want to go far go together.

Madam Chairman, I think that that’s a very interesting—it’s an African proverb she said and she used that to talk about the importance of integrating refugees into our community and the importance of I guess understanding and appreciating all different cultures in our walk of life. She was a well-deserved winner of the Sir Jim Killen Award which was presented by Lady Killen as it is each year.

Madam Chairman, I’d just like to commend all the Tennyson residents who received these Service Awards. They have been going for a very long time and I certainly hope that should there be a change of government at the federal level that any future member for Moreton will continue to hold these awards on Australia Day.

Finally, Madam Chairman, a brief statement on what it means to me to represent the community. I don’t think it should be a shock to anybody in this chamber that I have taken a position in the last two and a half years that my job is to represent the community that elected me. I’ve said it over and over again. I’ve said it publicly. The community went out there and said yep we want you back Nicole because we believe in what you’re doing. Madam Chairman, the people


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of Sherwood voted for me. The people of Sherwood have asked me to represent them in all matters, whether it’s to do with a bus depot or it’s to do with five stories or if it’s to do with McCulla Street parking solutions in Sherwood. I will always be guided by my residents. I will always do my best to represent their views in this chamber and I take it seriously when it says—

Chairman: Councillor JOHNSTON your time has expired, thank you. Any further general business? Councillor OWEN-TAYLOR?

Councillor OWEN-TAYLOR: Thank you, Madam Chairman. I rise to speak tonight about the very place that we’re standing today, the Council Chambers and City Hall.

Madam Chairman, today is a day of significance because it is our first Council meeting back here in the traditional Council Chamber.

What we see here today is a lot of effort by a lot of people to restore not only this building, but specifically these Council Chambers back to their original form of prominence and as we look around these chambers tonight we see the images on the walls which reflect the time when these chambers were first part of the City of Brisbane, when our predecessors, the aldermen in this place on the first council of the Brisbane City Council, stood here and debated the needs of our city.

We have an important role in this city and, Madam Chairman, it has given a greater sense of traditional and formality by being back in here, in the very place where those before us have taken the needs of our residents forward and advocated on their behalf which is what we have been doing tonight.

Madam Chairman, it’s great to see that the work of so many of the project team has come to fruition. They are continually working very hard and it’s only a couple of months to go before we will be able to reopen the front doors and welcome back the people of the city of Brisbane to the people’s place.

I know I’m certainly looking forward to that, Madam Chairman, and certainly being back here does bring a sense of occasion and once again I would just like to convey my thanks to all on the project team and the contractors who’ve been working so hard on City Hall for what they’ve done to get us back in here for this meeting today and what they’ll be doing over the upcoming months to reinstate the building so we can open it up to the people of Brisbane once again. Thank you, Madam Chairman.

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 31 January 2013)Q1. Would the CEO please advise how many directional signs for community or Council facilities

were approved by Council in 2011-12 and 2010-11 financial years?

Q2. Would the CEO please advise the number, name and location of any directional signs approved and/or installed for community and Council facilities for the current financial to 31 January 2013?

Q3. Would the CEO please advise how many directional signs were installed at Council’s cost in 2011-12 and 2010-11, for which organisations and the total cost?

Q4. Would the CEO please provide a list by name and the cost per sign of any directional signage paid for by community groups or other private sector organisations in 2011-12 and 2010-11?

Q5. Would the CEO please advise why the South-west Corridor Study Stage Two Report from September 2011 was not provided to Councillor Johnston in the Council files during her inspections in December 2011 and again in June 2012?


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Q6. Would the CEO please advise why 126 pages of Council records about the South-west Corridor Study were not made available to Councillor Johnston in accordance with Council’s obligations to provide access to Council records under s172 of the City of Brisbane Act 2010 when requested by Councillor Johnston in 2011?

Q7. Would the CEO please advise which Council body or entity signed off on contract variations to the City Hall project finish date?

Q8. Would the CEO please advise why these variations did not come before a full Council meeting for endorsement or noting?

Q9. Would the CEO please advise whether any finanical penalties will be recovered from the City Hall contractors for failure to meet the orginal completion date in December 2012? If so, what was the total amount?

Submitted by Councillor Victoria Newton (received on 31 January 2013)Q1. In relation to the contract variations to date from the original contract signed with TransCity

for the construction of the Legacy Way Tunnel, could the CEO please advise:a. With the ‘Tollroad Control Centre (TCC)’ variation (change of location of TCC

building from Ada Street, Toowong to Bowen Hills), what is the expected net cost/savings to Council for this variation.

b. With the ‘Use of Overflow Car Park’ variation (Design and construction of workforce car parking at Mt Coot-tha overflow car park in place of the original proposal at Anzac Park), what is the expected net cost/savings to Council for this variation.

c. With the ‘Additional Security at Western Worksite’ variation (additional security at the Western Worksite at establishment phase), what is the expected net cost/savings to Council for this variation.

d. With the ‘ITS/Centenary Motorway Signage’ variation (TMR intelligent transport systems requirements, including additional variable messaging signs and gantries -design required meeting Coordinator General conditions), what is the expected net cost/savings to Council for this variation for:

i. If TMR makes a contribution.ii. If TMR does not make a contribution.e. With the ‘Reduced based mitigation measures’ variation (Sharing costs of residence

based mitigation measures with the Contractor in the proximity of the Eastern Worksite in order to provide an extra level of robustness in the mitigation on construction impacts on the neighbourhood), what is the expected net cost/savings to Council for this variation.

f. With the ‘Use of Park and Ride Car Park’ variation (Design and construction of modifications to existing Park and Ride car park at Toowong to allow for a proportion to be utilised by the project), what is the expected net cost/savings to council for this variation.

g. With the ‘COG/TMR Centenary Motorway Requirements’ variation (Additional work required by TMR which requires increasing the cross section of the Centenary Motorway in order to accommodate a future upgrade), what is the expected net cost/savings to Council for this variation for:

i. If TMR makes a contribution.ii. If TMR does not make a contribution.h. With the ‘Use of Scenic Drive Car Park’ variation (Addressing the conditions

associated with the use of Scenic Drive Car Park as per the Coordinator General’s planning approval plus operating provisions such as minibus and driver/bussing service coordinator), what is the expected net cost/savings to Council for this variation.

i. With the ‘Transfer of NALL Obligations’ variation (Council took back the responsibility from the Contractor of developing offset plans and carrying out offset planting in relation to ecological offsets), what is the expected net cost/savings to Council for this variation.

j. With the ‘Botanic Gardens Signage’ variation (Design, procurement and erection of signage structures for Botanic Gardens precinct located just off Mt Coot-tha Road near the roundabout), what is the expected net cost/savings to Council for this variation.


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k. With the ‘Linkwater Main Protection’ variation (Development and implemention of an additionally secure design solution to further protect the tunnel infrastructure in relation to water infrastructure), what is the expected net cost/savings to Council for this variation.

l. With the ‘Fibre Optic Optimisation’ variation (Investigation into the optimisation of fibre optic requirements and provision), what is the expected net cost/savings to Council for this variation.

m. With the BGS Retaining Wall Amendment’ variation (Adjustment to the design and construction of a retaining wall to minimise the encroachment into Brisbane Grammar School land), what is the expected net cost/savings to Council for this variation.

Q2. Could the CEO please provide a breakdown of the total Council budget for the Legacy Way

tunnel project.

Q3. Could the CEO please advise if roadside toll-cost signage will be provided for motorists using the Legacy Way toll tunnel.

Q4. In relation to the City Hall restoration project, could the CEO please advise:a. The expected total cost of the project.b. The total amount of donations that have been collected from ratepayers via rates

notices.c. The total amount of donations that have been collected from private individuals and

businesses.

Q5. Can the CEO please advise how many trees have been added to the VPO list in the following financial years - 2008-09- 2009-10- 2010-11- 2011-12

Q6. Can the CEO advise how many dogs are currently registered in each of the following Wards? - Bracken Ridge Ward- Central Ward- Chandler Ward- Deagon Ward- Doboy Ward- Enoggera Ward- Hamilton Ward- Holland Park Ward- The Gabba Ward- The Gap Ward- Jamboree Ward- Karawatha Ward- McDowall Ward- McGregor Ward- Marchant Ward- Moorooka Ward- Morningside Ward- Northgate Ward- Parkinson Ward- Pullenvale Ward- Richlands Ward- Tennyson Ward- Toowong Ward- Walter Taylor Ward- Wishart Ward- Wynnum Manly Ward


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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 (received on 29 November 2012)Q1. Could the CEO please advise the amount paid by Council for employees’ ‘executive bonuses’

in the 2010/2011 financial year?

A1. Information being compiled.

Q2. Could the CEO please advise the amount paid by Council for employees’ ‘executive bonuses’ in the 2011/2012 financial year?


Q3. Could the CEO please advise the number of Council employees who were paid ‘executive bonuses’ in the 2010/2011 financial year?


Q4. Could the CEO please advise the number of Council employees who were paid ‘executive bonuses’ in the 2011/2012 financial year?


Q5. Could the CEO please list which projects which were delayed due to the funds being redirected to the Flood Recovery efforts (from the 2011 floods) have now had their funding reinstated and the work is completed?

A5. The projects deferred since the budget review following the January 2011 floods that have since been reinstated have been listed in subsequent Council budget documents

Q6. Could the CEO please list which projects which were delayed due to the funds being redirected to the Flood Recovery efforts (from the 2011 floods) are yet to have their funding reinstated?

A6. This information is able to be obtained by reviewing the documents presented to full council following the budget review after the January 2011 flood event and reviewing subsequent budget reviews and the 2012/13 budget documents.

Submitted by Councillor Victoria Newton (from meeting on 11 September 2012)Q8. Can the CEO please advise how many new trainee positions will be funded by Council this

financial year and at what expense?

A8. 89 trainees at a total cost of $2,453,071.

Submitted by Councillor Nicole Johnston on 7 August 2012:Q6. As the relevant Chairman, Councillor Adams, had no idea when asked at the Budget

Information Sessions, would the CEO please provide a list of all council owned or leased facilities, and the cost for each project, that will undergo compliance works in 2012-13 as part of the $500,000 allocated under Budget programme 5.5.1.2?

A6. This funding is allocated to assessment of Council owned or leased facilities for compliance with the building code. The majority of works completed under this line of expenditure are completed reactively rather than proactively from the audits. If works are identified during these audits they are scheduled for completion using these funds. As a result, no specific sites are listed for funding under this project on an annual basis.


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RISING OF COUNCIL: 9.06pm.

PRESENTED: and CONFIRMED

CHAIRMAN

Council officers in attendance:

Andrew Langford (Team Leader, Council and Committees Support)Jo Camamile (Council and Committees Support Officer)David Redding (Council and Committees Support Officer)Billy Peers (Personal Support Officer to the Lord Mayor and Council Orderly)


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