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Agenda – Governance Committee 20 July 2016 - #5143559
GOVERNANCE COMMITTEE
20 JULY 20161
ANNUAL ASSESSMENT REPORT 2015/2016 – GOVERNANCE COMMITTEE, SPECIAL AND ORDINARY MEETINGS
Christine Posgate | 1/59/1-01 | #5117223
RECOMMENDATION:
It is recommended that Council notes the findings of the formal assessment of performance against the Terms of Reference for Governance Committee, Special and Ordinary Meetings and considers that these Committees have performed in accordance with their terms of reference.
EXECUTIVE SUMMARY:
At the Ordinary Meeting held 24 July 2013, Cairns Regional Council adopted General Policy for Standing Orders for Council Meetings. At the Governance Committee Meeting held on 15 June 2016 Council adopted the Council Terms of Reference, and the Governance Committee Terms of Reference.
These policies establish the framework within which this Committee, the Special and Ordinary meetings operate with reference to obligations specified in the Local Government Act 2009 and other guiding documents adopted by Council.
A total of 45 reports were considered by the Governance Committee, 11 by the Special Meetings and 189 by the Ordinary Meetings. Nine Conflicts of Interest for the Governance Committee, 25 for the Ordinary Meetings and two for the Special Meetingswere declared during the meetings which were resolved as appropriate.
BACKGROUND:
Each year, all Council Committees undertake a formal assessment of their performance against their Terms of Reference. The purpose of this evaluation is to determine if the Committees have performed effectively and met their legislative obligations. It is noted that as part of this assessment, Council reports on the conflict of interest declarations by Councillors.
The last assessment was reported to Council in July 2015.
COMMENT:
1. PURPOSE AND PERFORMANCE OF THE GOVERNANCE COMMITTEE
The following table provides an overview of the reports tabled at the Governance Committee meetings during the 2015/2016 financial year. These reports have been grouped into 7 categories based on the Purpose, Responsibilities and Powers of the Committee as listed in the General Policy.
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Agenda – Governance Committee 20 July 2016 - #5143559
No. Report CategoryNo of Open
Session reports
No of closed session reports
1 Governance 10 22 Finance 13 173 Human Resources and Organisational Change 0 24 Information Services 0 15 Marketing & Communications 0 06 Service Quality 0 07 Miscellaneous 0 0
TOTAL 23 22
A miscellaneous category has been established for the reports that are general and cover more than one area or don’t fall within the scope of the terms of reference:
As detailed in the table below, a total of 45 reports were tabled at the Governance Committee meetings during the twelve month period, 23 being considered in open session. In accordance with Section 275 of the Local Government Regulation 2012, afurther 22 reports were discussed in closed session but the recommendations were all considered in a subsequent open session.
DATE OF MEETING
NO. OPENREPORTS
CLOSED SESSION REPORTSNO. OF
CLOSED REPORTS
CONTRACTUAL BUDGETARY PREJUDICIAL LEGAL STAFF
22/07/15 3 4 2 2 0 0 0
19/08/15 4 2 0 1 1 0 0
16/09/15 2 4 3 1 0 0 0
21/10/15 5 4 1 2 1 0 0
18/11/15 2 3 1 1 1 0 0
17/02/16 3 3 2 1 0 0 0
15/06/16 4 2 1 1 0 0 0
TOTAL 23 22 10 9 3 0 0
In addition, during this period some reports of a governance nature were sent to either the Planning and Economic Committee or an Ordinary meeting of Council. Whilst every attempt was made to ensure that all relevant reports were tabled at the Governance Committee meetings, there were occasions when it was important that reports were not held over to the next Committee meeting to ensure that the specific matter was dealt with expediently.
TIMING, PLACE AND REGULARITY OF MEETINGS:
During the period no Committee meetings were held for the months of December 2015, January 2016, March 2016, April 2016 and May 2016. All meetings were generally held on the third Wednesday of each month in the Committee Room, Spence Street and commenced directly following the Water and Waste and Infrastructure Committee Meetings.
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Agenda – Governance Committee 20 July 2016 - #5143559
The dates and timing of all Council meetings were advertised in the Cairns Post/Cairns Sun and these occurred as follows:
Cairns Post – 8 August 2015Cairns Post – 15 August 2015Cairns Post – 5 September 2015Cairns Post – 28 November 2015Cairns Post – 2 April 2016Cairns Post – 26 April 2016Cairns Post – 1 June 2016Cairns Post – 4 June 2016Cairns Sun – 7 June 2016Cairns Post – 18 June 2016
MEMBERSHIP FO THE COMMITTEE:
The Governance Committee comprises four committee members, with Councillor Cooper as Chairperson from July 2015 to April 2016 and with the Mayor as ex officio. The Committee Chairperson changed on the 11 May 2016 to Cr. Moller. There have been a total of seven meetings during this time. Councillor attendance at these meetings is shown in the following table.
Attendance by Councillors at Governance Committee Meetings
ATTENDANCE RECORD – GOVERNANCE COMMITTEE
NUMBER OF MEETINGS ATTENDED
Mayor Bob Manning (Ex-officio) 6Cr Cooper (Chairperson from July 2015 to April 2016) 7Cr. Moller (Chairperson from May 2016) 1Cr Richardson 6Cr Schilling 7
2. PURPOSE AND PERFORMANCE OF SPECIAL MEETINGS
In accordance with Section 258(3) of the Local Government Regulation 2012 a Special meeting is a meeting at which the only business that may be conducted is the business stated in the notice of meeting.
The following table provides an overview of the reports tabled at Special Meetings during the 2015/2016 financial year. These reports have been grouped into departmental categories:
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Agenda – Governance Committee 20 July 2016 - #5143559
SPECIAL MEETINGSNO OF OPEN
SESSION REPORTS
NO OF CLOSED SESSION REPORTS
Executive 0 0Human Resources and Organisational Change 4 0Finance 7 0Planning & Environment 0 0Infrastructure Services 0 0Water & Waste 0 0Community, Sport & Cultural Services 0 0
Total 11 0
As detailed in the table below a total of 11 reports were tabled at the Cairns Regional Council Special meetings during the twelve month period. All reports were considered in the open session.
DATE OF MEETING
NO. OPEN REPORTS
CLOSED SESSION REPORTSNO. OF
CLOSED REPORTS
CONTRACTUAL BUDGETARY PREJUDICIAL LEGAL STAFF
06/04/16 3 0 0 0 0 0 0
27/06/16 8 0 0 0 0 0 0
TOTAL 11 0 0 0 0 0 0
There were at total of two Special Meetings during the reporting period. Councillor attendance at these meetings is shown in the table below:
Attendance by Councillors at Special Meetings
ATTENDANCE RECORD – SPECIAL MEETINGSNUMBER OF MEETINGS ATTENDED
Mayor Bob Manning 2Cr Bates 2Cr Brain (from July 2015 to March 2016) -Cr Cooper 2Cr Fennell (from July 2015 to March 2016) -Cr James 2Cr O’Halloran 2Cr. Moller (From April 2016 to June 2016) 2Cr. Olds (From April 2016 to June 2016) 2Cr Richardson 2Cr Schilling 2Cr. Zeiger 2
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Agenda – Governance Committee 20 July 2016 - #5143559
3. PURPOSE AND PERFORMANCE OF ORDINARY MEETINGS
Ordinary Meetings are conducted in accordance with the requirements of the Local Government Act 2009. Section 257 of the Local Government Regulation 2012 requires Council to conduct an Ordinary Meeting at least once a month. There were a total of fourteen (14) Ordinary Meetings during the period 1 July 2015 to 30 June 2016,
The following table provides an overview of the reports tabled at Ordinary Meetings during the 2015/2016 financial year. These reports have been grouped into departmental categories
Ordinary MeetingsNo of Open
Session Reports
No of Closed Session Reports
Executive 11 0Finance 11 12Human Resources and Organisational Change 10 5Planning & Environment 47 26Infrastructure Services 12 10Water & Waste 4 7Community, Sport & Cultural Services 23 11Total 118 71
As detailed in the table below, a total of 189 reports were tabled at the Ordinary Meetings during the twelve month period, with 118 reports being considered in open session. In accordance with Section 275 of the Local Government Regulation 2012, afurther 71 reports were discussed in closed session but the recommendations were all considered in a subsequent open session.
DATE OF MEETING
NO OF OPEN
REPORTS
CLOSED SESSION REPORTSNO. OF
CLOSED REPORTS
CONTRACTUAL BUDGETARY PREJUDICIAL LEGAL STAFF
29/07/2015 7 5 2 1 2 0 0
26/08/2015 7 2 0 0 2 0 0
23/09/2015 7 2 1 0 1 0 0
28/10/2015 8 4 4 0 0 0 0
25/11/2015 7 2 0 2 0 0 0
09/12/2015 8 3 2 1 0 0 0
16/12/2015 10 10 6 1 3 0 0
27/01/2016 9 6 1 4 1 0 0
24/02/2016 6 6 3 0 3 0 0
09/03/2016 6 2 0 0 2 0 0
27/04/2016 9 11 5 3 2 1 0
11/05/2016 19 7 1 3 2 1 0
25/05/2016 10 6 1 0 3 2 0
22/06/2016 5 5 1 1 3 0 0
TOTAL 118 71 27 16 24 4 0
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Agenda – Governance Committee 20 July 2016 - #5143559
Councillor attendance at these meetings is shown in the table below:
Attendance by Councillors at Ordinary Meetings
ATTENDANCE RECORD – ORDINARY MEETINGS
NUMBER OF MEETINGS ATTENDED
Mayor Bob Manning 14Cr. Bates 14Cr. Brain (from July 2015 to March 2016) 9Cr. Cooper 13Cr. Fennell (from July 2015 to March 2016)
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Cr. James 14Cr. O’Halloran 14Cr. Moller (From April 2016 to June 2016) 4Cr Olds (From April 2016 to June 2016) 4Cr. Richardson 14Cr. Schilling 14Cr. Zeiger 14
During 2015/2016 all Ordinary Meetings were held in the Boardroom in the Spence Street Chambers commencing at 9.00a.m.
During 2015/2016 there were two deputations to Council following an Ordinary meeting of Council.
COUNCILLORS ROLES:
A review of the minutes has shown that Conflicts of Interests and Material Personal Interests were recorded as per the attachment to this report. The Conflicts of Interest Register is updated after each Council meeting and published on Council’s website after the minutes have been published.
See http://www.cairns.qld.gov.au/__data/assets/pdf_file/0020/20882/COI_register.pdf
During the period nine Conflicts of Interest/Material Personal Interest matters were assessed and resolved at the Governance Committee, two at the Special Meetings and 25 at the Ordinary Meeting. The outcomes have been recorded in the register attached.
No breach of Council’s Code of Conduct for Councillors with respect to a meeting breach was recorded during this period.
All meetings were conducted in accordance with Council’s General Policy – Terms of Reference and Councillors’ Code of Conduct.
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Agenda – Governance Committee 20 July 2016 - #5143559
RECORD KEEPING:
The meeting minutes for the Cairns Regional Council Governance Committee meeting were presented at the subsequent Ordinary meeting for adoption. Minutes for the Governance, Special and Ordinary Meetings were available to the public for viewing within two working days. They were distributed via the internet and the Customer Service Centre within these timeframes.
OPTIONS:
1. That Council note the findings of the formal assessment of performance against the Terms of Reference for the Governance Committee, Special and Ordinary Meetings and considers that these committees have performed in accordance with their terms of reference.
or
2. That Council does not consider that the Governance Committee, Special and Ordinary Meetings have performed in accordance with its terms of reference.
CONSIDERATIONS:
Risk Management:
Council reports provide transparent reporting to the community on Council’s governance and fiscal decisions.
Council Finance and the Local Economy:
There are no financial implications.
Corporate and Operational Plans:
This report demonstrates Council’s commitment to the Corporate Plan:
4.0 GOVERNANCE – An efficient organisation providing best practice service delivery through leadership and policy making and the effective management of people, assets and finances.
Reporting on the effectiveness of this Committee is seen as meeting these objectives.
Statutory:
The operation of this committee is in accordance with the requirements of the Local Government Act 2009.
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Agenda – Governance Committee 20 July 2016 - #5143559
Policy:
The purpose of this report is to comply with the General Policy’s requirement for annual evaluation of performance against the committee’s adopted Terms of Reference. This evaluation demonstrates how effectively the committee has met its legislative and ethical obligations.
ATTACHMENTS:
Conflicts of Interest/Material Personal Interest Register from 1/7/2015 to 30/6/2016.
Christine PosgateGeneral Manager Human Resources and Organisational Change.
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Agenda – Governance Committee 20 July 2016 - #5143559
Conflict of Interest Register 1/7/15 to 30/6/16 – Governance Committee
CONFLICT OF INTEREST/MATERIAL PERSONAL INTEREST REGISTER FROM 01/07/2015 - 30/06/2016 - GOVERNANCE COMMITTEE
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
22/07/2015 Governance Committee No Yes Mr. John Andrejic Investment Holdings as at
30 June 2015
As per Mr. John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in Clause No. 2 due to his membership of the ECU Board, but he has considered his position and is firmly of the opinion he can participate in debate on this matter in the public interest.
Clause No. 2 No Yes
22/07/2015 Governance Committee No Yes Cr. Cooper
Budgetary Matter - Sale of Land for overdue rates -List 6.
Cr. Cooper declared that a perceived conflict of interest in this matter could exist (as per Section 173 of the Local Government Act 2009), due her knowing one of the owners of listed property. In accordance with Section 173(7) of the Local Government Act, she proposed that she remain so that a quorum could be retained but did not participate in the discussion.
Closed Session
Clause No. 2
No Yes
19/08/2015 Governance Committee No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr. Cooper declared that a perceived conflict of interest in Item 2 Closed Session - Budgetary Matter - Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009),due to her knowing one of the listed owners, and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session
Clause No. 2
Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
16/09/2015 Governance Committee No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr Cooper declared that a perceived conflict of interest in Item No. 3 Closed Session - Budgetary Matter -Outstanding Debt Report could exist (as per Section 1730 of the Local Government Act 2009) due to her knowing one of the listed owners, and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session
Clause No. 3
Yes No
21/10/2015 Governance Committee No Yes Mr. John Andrejic Investment Holdings as at
25 September 2015
As per Mr John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in Clause No. 4, Investment Holdings as at 25 September 2015, due to his membership of the ECU Board, but he has considered his position and is firmly of the opinion he can participate in debate on this matter in the public interest
Clause No. 4 No Yes
21/10/2015 Governance Committee No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr Cooper declared that a perceived conflict of interest in Item 4 Closed Session - Budgetary Matter -Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009), due to her knowing one of the listed owners, and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session
Clause No. 4
Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
18/11/2015 Governance Committee No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr. Cooper declared that a perceived conflict of interest in Item 3 Closed Session - Budgetary Matter - Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009),due to her knowing one of the listed owners, and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session Clause No. 3
Yes No
17/02/2016 Governance Committee No Yes Mr. John Andrejic Investment Holdings as at
25 December 2016
As per Mr. John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in Clause No. 1 due to his membership of the ECU Board, but he has considered his position and is firmly of the opinion he can participate in debate on this matter in the public interest
Clause No. 1 No Yes
17/02/2016 Governance Committee No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr. Cooper declared that a perceived conflict of interest in Item 3 Closed Session - Budgetary Matter - Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009),due to her knowing one of the listed owners. Cr. Cooper left the meeting during the debate in closed session. In accordance with Section 173 (7) of the Local Government Act 2009, Cr Cooper remained in the meeting so that a quorum can be retained as Cr Manning had left the meeting.
Closed Session Clause No. 3
No Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Conflict of Interest Register 1/7/15 to 30/6/16 – Special Meetings
CONFLICT OF INTEREST/MATERIAL PERSONAL INTEREST REGISTER FROM 01/07/2015 - 30/06/2016 – SPECIAL MEETINGS
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
27/06/2016Special (Budget) Meeting
No Yes Cr. Olds 2016/2017 Annual Budget
Cr. Olds declared that a perceived conflict of interest in Item 2 –2016/2017 Annual Budget could exist (as per Section 173 of the Local Government Act 2009), due to him being an office bearer in the Clifton Beach Tennis Club, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest.
Clause No. 2 No Yes
27/06/2016Special (Budget) Meeting
No Yes Mr John Andrejic 2016/2017 Annual Budget
Mr. Andrejic declared that a perceived conflict of interest in Item 2 – 2016/2017 Annual Budget could exist, due to him being an office bearer in the Edmonton Fishing Club.
Clause No. 2 No Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Conflict of Interest Register 1/7/15 to 30/6/16 – Ordinary Meetings
CONFLICT OF INTEREST/MATERIAL PERSONAL INTEREST REGISTER FROM 01/07/2015 - 30/06/2016 – ORDINARY MEETINGS
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
23/09/2015 Ordinary Meeting No Yes All Councillors
Prejudicial Matter - Draft Cairns Region Planning Scheme - Consideration of Submissions
Council acknowledges that the Draft Cairns Region Planning Scheme is a document that considers the use rights of all property in the Cairns Region and that there may be a perceived conflict of interest by Councillors and the Council Staff involved in the project. The Cairns Regional Council has sought advice from the Local Government Association of Queensland and considers this matter to be in the ordinary course of business and as such all Councillors will participate in the vote.
Closed Session Clause No. 2.
No Yes
28/10/2015 Ordinary Meeting No Yes Cr. Manning
Request for a Permissible Change to a Material Change of Use for Multiple Dwellings, Holiday Accommodation, Shopping Facilities, Business Facilities, Detached Bottle Shop and Tavern - 48-50 Hartley Street Cairns City - Division 5
Cr. Manning declared that a perceived conflict of interest in Clause No. 8 could exist (as per Section 173 of the Local Government Act 2009) due to a business affiliation. He left the meeting taking no part in the debate or decision of the meeting.
Clause No. 8 Yes No
25/11/2015 Ordinary Meeting No Yes Cr. James
Material Change of Use (Code) Multiple Dwellings (54 Units) - 21-25 Atherton Street, Yorkeys Knob - Division 8
Cr. James declared a Real Conflict of Interest in Clause1 in line with his statement of 14 June 2012, at the Planning and Sustainability Committee
Clause No. 1 Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
25/11/2015 Ordinary Meeting No Yes Cr James
Request for a Permissible Change - Business Facilities - 13-15 Scott Street, Parramatta Park -Division 5.
Cr James declared a Real Conflict of Interest in Clause No. 2 in line with his statement of 14 June 2012, at the Planning and Sustainability Committee.
Clause No. 2 Yes No
09/12/2015 Ordinary Meeting No Yes Cr. Fennell
Combined Development Application for Preliminary Approval for Building Work - House Removal - (Character Precinct), Material Change of Use - Dual Occupancy and Reconfiguring a Lot (1 Lot into 2 Lots) 23 Fleming Street, Edge Hill -Division 7.
Cr. Fennell declared a real conflict of interest (as per Section 173 of the Local Government Act 2009) on Clause No. 1 - Combined Development Application for Preliminary Approval for Building Work - House Removal - (Character Precinct), Material Change of Use -Dual Occupancy and Reconfiguring a Lot (1 Lot into 2 Lots) - 23 Fleming Street, Edge Hill - Division 7 due to a personal relationship and left the meeting room, taking no part in the debate or decision of the meeting.
Clause No. 1 Yes No
16/12/2015 Ordinary Meeting No Yes Cr. James
Material Change of Use (Impact Assessment) Shopping Facilities and Multiple Dwellings - 271 Pease Street, Edge Hill -Division 7.
Cr. James declared a Real Conflict of Interest in Clause No. 2 - Material Change of Use (Impact Assessment) Shopping Facilities and Multiple Dwellings - 271 Pease Street, Edge Hill - Division 7, in line with his statement of 14 June 2012 at the Planning and Sustainability Committee, Cr. James left the meeting room, taking no part in the debate or decision of the meeting.
Clause No. 2 Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
16/12/2015 Ordinary Meeting No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr. Cooper declared that a perceived conflict of interest in Closed Session Clause No. 4 -Budgetary Matter - Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009), due to her knowing one of the listed owners,and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session Clause No. 4
Yes No
27/01/2016 Ordinary Meeting No Yes Cr. Cooper Budgetary Matter -
Outstanding Debt Report
Cr. Cooper declared that a perceived conflict of interest in Item 4 Closed Session - Budgetary Matter - Outstanding Debt Report could exist (as per Section 173 of the Local Government Act 2009), due to her knowing one of the listed owners, and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session Clause No. 4
Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
24/02/2016 Ordinary Meeting No Yes
Cr James, Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson and Cr Fennell
Holiday Accommodation, Multiple Dwellings, Business Facilities and Shopping Facilities at 1-3Sheridan Street and 2-4Kenny Street, Cairns City – Division 5
Cr James declared that the Unity Team comprising Cr Manning, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson, Cr Fennell and himself have a perceived conflict of interest in relation to Clause 2, Holiday Accommodation, Multiple Dwellings, Business Facilities and Shopping Facilities at 1-3 Sheridan Street and 2-4 Kenny Street, Cairns City – Division 5, due to a donation to the Unity Team campaign in 2012, but they have considered their position and are firmly of the opinion that they can take a decision on the matter before this meeting in the public interest. In accordance with Section 173 (7) of the Local Government Act 2009, Cr James proposed that the relevant Councillors remain so that a quorum can be retained
Clause No. 2 No Yes
24/02/2016 Ordinary Meeting No Yes Cr Cooper
Holiday Accommodation, Multiple Dwellings, Business Facilities and Shopping Facilities at 1-3Sheridan Street and 2-4Kenny Street, Cairns City – Division 5
Cr Cooper declared a real conflict of interest (as per Section 173 of the Local Government Act 2009) in relation to Clause 2, Holiday Accommodation, Multiple Dwellings, Business Facilities and Shopping Facilities at 1-3 Sheridan Street and 2-4 Kenny Street, Cairns City –Division 5 due to her knowing the applicant and left the meeting room, taking no part in the debate or decision of the meeting.
Clause No. 2 Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
27/04/2016 Ordinary Meeting Yes No Cr. Moller
Contractual Matter –Project Launch Approval for Centenary Close Drain
Cr. Moller declared a potential material personal interest in Clause 1 Closed Session, Contractual Matter – Project Launch Approval for Centenary Close drain, due to a possible future family dealing with the adjacent owner, left the meeting, taking no part in the debate or decision of the meeting.
Closed Session Clause No. 1
Yes No
27/04/2016 Ordinary Meeting Yes No Cr. James Material Change of Use
(Car Park, Shopping Facilities and Restaurant) – 120 Lake Street Cairns City – Division 5
Cr. James declared a material personal interest in Clause 4, Material Change of Use (Car Park, Shopping Facilities and Restaurant) – 120 Lake Street Cairns City –Division 5 as he prepared the plans and proposed to exclude himself from the meeting while this matter is debated and the vote is taken
Clause No. 4
Yes No
27/04/2016 Ordinary Meeting No Yes
Cr James, Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson
Material Change of Use (Car Park, Shopping Facilities and Restaurant) – 120 Lake Street Cairns City – Division 5
Cr. James declared that the Unity Team, comprising Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson and himself had a perceived conflict of interest in relation to Clause 4, Material Change of Use (Car Park, Shopping Facilities and Restaurant) – 120 Lake Street Cairns City –Division 5 due to the consultant donating to the Unity Team. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained.
Clause No. 4
No (Cr. James left the meeting see
above)
Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
27/04/2016 Ordinary Meeting No Yes
Cr James, Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson
Contractual Matter -Project Launch Approval for Centenary Close Drain
Cr. James declared that the Unity Team, comprising Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson and himself had a perceived conflict of interest in relation to Clause 1 Closed Session, Contractual Matter – Project Launch Approval for Centenary Close drain, due to adjacent land owner donating to the Unity Team. In accordance with Section 173 (7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained.
Closed Session Clause No. 1
No (Cr. Moller left the meeting see
above)
Yes
27/04/2016 Ordinary Meeting No Yes Cr. Bates
Budgetary Matter - Out of Round Grant Applications.
Cr. Bates declared a real conflict of interest (as per Section 173 of the Local Government Act 2009) on Clause 6 Closed Session, Budgetary Matter – Out of Round Grant Applications, due to a family member receiving a grant and left the meeting room, taking no part in the debate or decision of the meeting.
Closed Session Clause No. 6
Yes No
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
27/04/2016 Ordinary Meeting No Yes Cr. Cooper
Contractual Matter -Project Launch Approval for Centenary Close Drain
Cr. Cooper declared that a perceived conflict of interest in Clause 1 Closed Session, Contractual Matter – Project Launch Approval for Centenary Close drain, could exist (as per Section 173 of the Local Government Act 2009), due to adjacent land owner contributing to her election campaign, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest
Closed Session
Clause No. 1
No Yes
11/05/2016 Ordinary Meeting No Yes Cr. Bates Project Launch Approval
for Mann Street Cycleway
Cr. Bates declared that a perceived conflict of interest could exist in Clause No. 5 – Project Launch Approval for Mann Street Cycleway (As per Section 173 of the Local Government Act 2009), due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting.
Clause No. 5 No Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
11/05/2016 Ordinary Meeting No Yes Cr. Bates
Tropical North Queensland and Regional Mountain Bike
Cr. Bates declared that a perceived conflict of interest could exist in Clause No. 8 – Tropical North Queensland Regional Mountain Bike Strategy (as per Section 173 of the Local Government Act 2009), due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting.
Clause No. 8 No Yes
11/05/2015 Ordinary Meeting No Yes Cr. Bates
Far North Queensland Principal Cycle Network Plan
Cr. Bates declared that a perceived conflict of interest could exist in Clause No. 9 – Far North Queensland Principal Cycle Network Plan – (as per Section 173 of the Local Government Act 2009) due to his membership of Cycling Australia, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. He did not leave the meeting.
Clause No. 9 No Yes
11/05/2015 Ordinary Meeting No Yes Mr John Andrejic Investment Holdings as at
March 2016
As per Mr John Andrejic declaration of 16 October 2013, a perceived conflict of interest could exist in Clause No. 14 – Investment Holdings as at 25 March 2016.
Clause No. 14 No Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
11/05/2016 Ordinary Meeting Yes No Cr. Moller
Prejudicial Matter -Endorsement of Infrastructure Agreement - The Village Edge -Centenary Close, Manoora.
Cr. Moller declared a potential material personal interest in Closed Session Clause No. 1 – Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge – Centenary Close, Manoora – due to a possible future family dealing with the applicant, he left the meeting, taking no part in the debate or decision of the meeting.
Closed Session
Clause No. 1
Yes No
11/05/2016 Ordinary Meeting No Yes
Cr. James, Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran and Cr. Richardson
Prejudicial Matter -Endorsement of Infrastructure Agreement - The Village Edge -Centenary Close, Manoora.
Cr. James declared that the Unity Team, comprising Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran ad Cr Richardson had a perceived conflict of interest in Closed Session Clause No. 1 –Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge – Centenary Close, Manoora, due to the applicant donating to the Unity Team. In accordance with Section 173(7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained.
Closed Session
Clause No. 1
No (Cr. Moller left the meetin
g)
Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
11/05/2016 Ordinary Meeting No Yes Cr. Cooper
Prejudicial Matter -Endorsement of Infrastructure Agreement - The Village Edge -Centenary Close, Manoora.
Cr. Cooper declared that a perceived conflict of interest in Closed Session Clause No. 1 –Prejudicial Matter – Endorsement of Infrastructure Agreement – The Village Edge – Centenary Close, Manoora could exist (as per Section 173 of the Local Government Act2009), due to the applicant contributing to her election campaign, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. She did not leave the meeting.
Closed Session
Clause No. 1
No Yes
25/05/2016 Ordinary Meeting No Yes
Cr James, Cr Manning, Cr Moller, Cr Schilling, Cr Bates, Cr O’Halloran, Cr Richardson
Legal Matter - Planning and Environment Appeal No. 4 of 2016 - 23Fleming Street, Edge Hill - Division 7
Cr. James declared that the Unity Team, comprising Cr Manning, Cr Schilling, Cr Bates, Cr O'Halloran, Cr Richardson, Cr Moller and himself had a perceived conflict of interest in relation to Closed Session Clause No. 3 - due to a donation to the Unity Team Campaign. In accordance with Section 173(7) of the Local Government Act, he proposed that the Unity Team Councillors remain so that a quorum could be retained.
Closed Session
Clause No. 3
No Yes
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Agenda – Governance Committee 20 July 2016 - #5143559
Date of Meeting
Type of Meeting
MPI COI Councillor/Officer Subject Nature of Interest Clause No. Cr Left Room
Cr remained in Room
25/05/2016 Ordinary Meeting No Yes Cr. Moller
Prejudicial Matter -Queensland Police Service (QPS) Relocation of Gordonvale Police Station - Division 1
Cr. Moller declared a perceived conflict of interest in relation to Closed Session Clause No. 6 (as per Section 173 of the Local Government Act 2009) on this matter due to his super fund owning adjoining property. He left the meeting room taking no part in the decision of the meeting.
Closed Session
Clause No. 6
Yes No