Extraordinary Council — 2023-10-12

0 New Item (Council) - Meeting attendance via audio-link

Resolution: Moved by Mayor Teresa Harding:

Meeting attendance via audio-link

Councillors Sheila Ireland, Nicole Jonic and Paul Tully requested attendance at the Council Special Meeting of 12 October 2023 via audio-link.

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That in accordance with section 254K of the Local Government Regulation 2012 and 9.6.2 of Council’s Meetings Procedure Policy, Councillors Sheila Ireland, Nicole Jonic and Paul Tully be permitted to participate in the meeting via audio-link.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Councillors Ireland, Jonic and Tully did not take part in the vote on this matter.

The motion was put and carried.

WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY

Councillor Kate Kunzelmann

OPENING PRAYER

Deputy Mayor Russell Milligan

APOLOGIES AND LEAVE OF ABSENCE

Nil

5 . Declarations of Interest in matters on the agenda

COUNCILLOR ANDREW FECHNER

In accordance with section 150EQ of the Local Government Act 2009 , Councillor Andrew Fechner informed the meeting that he has a declarable conflict of interest in Item 6.1 titled Repeal of previous Council decision regarding the surrender of an existing lease and a new lease to the Australian Red Cross Society.

The nature of the interest is that Councillor Fechner stands to gain a benefit or suffer a loss due to his business interest in both A1A Events Pty Ltd and Bar Heisenberg Pty Ltd which is located in the top of town at 164 Brisbane Street, Ipswich.

Councillor Andrew Fechner came to the conclusion that because of the nature of the conflict, he will exclude himself from the meeting while this matter is debated and the vote taken.

COUNCILLOR JACOB MADSEN

In accordance with section 150EQ of the Local Government Act 2009 , Councillor Jacob Madsen informed the meeting that he has a declarable conflict of interest in Item 6.1 titled Repeal of previous Council decision regarding the surrender of an existing lease and a new lease to the Australian Red Cross Society.

The nature of the interest is that Councillor Madsen until recently, was a member of the Ipswich Trades Hall and Labour Day Committee Executive which manages the Ipswich Trades Hall which is adjacent to the CBD redevelopment works that Council is undergoing.

Councillor Jacob Madsen came to the conclusion that because of the nature of the conflict, he will exclude himself from the meeting while this matter is debated and the vote taken.

At 2.52 pm Councillors Andrew Fechner and Jacob Madsen left the meeting room due to a previously declared interest in Item 6.1.

6 . Officer’s Report

Mentions: Brisbane Street · Ipswich

View this item in the Council minutes

6.1. REPEAL OF PREVIOUS COUNCIL DECISION REGARDING THE SURRENDER OF AN EXISTING LEASE AND A NEW LEASE TO THE AUSTRALIAN RED CROSS SOCIETY

Resolution: Moved by Mayor Teresa Harding:

6.1

REPEAL OF PREVIOUS COUNCIL DECISION REGARDING THE SURRENDER OF AN EXISTING LEASE AND A NEW LEASE TO THE AUSTRALIAN RED CROSS SOCIETY

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

A. That the previous decision of Council, as per Item No. 5 of the Governance and Transparency Committee on

11 March 2021 and adopted at the Council Ordinary meeting of 25 March 2021 , be repealed.

B. That Council resolve to terminate the existing Lease with the Australian Red Cross Society (Lease No. 720932645 as registered on Title) in Council’s building located at

143 Brisbane Street, Ipswich and described as Lot 2 on RP50109.

C. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at 8 Nicholas Street, Ipswich more particularly described as part of Lot 1 RP157021, for community purposes, because the Lessee is a community organisation.

D. That Council enter into a lease with the Australian Red Cross Society:

i. at a nominal rental of $1.00 excluding GST, payable to Council if demanded, and

ii. for a term of approximately seven and a half years (dependent on the timing of the lease’s execution), with no options for extension.

E. That pursuant to Section 257(1)(b) of the Local Government Act 2009 , Council resolve to delegate to the Chief Executive Officer the power to take “ contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillor Jacob Madsen and Councillor Andrew Fechner were present when the vote was taken.

The motion was put and carried.

At 2.55 pm Councillors Andrew Fechner and Jacob Madsen returned to the meeting room.

MEETING CLOSED

The meeting closed at 2.55 pm.

Mentions: Brisbane Street · Nicholas Street · Ipswich

View this item in the Council minutes