Toowoomba council: Gary Gardner, Bill Cahill in fiery spat over conflicts of interest at ordinary meeting

A councillor’s conflict of interest over his background in development has led to a fiery spat between himself and a colleague.

Bill Cahill; Gary Gardner, Toowoomba Regional Council.

New Toowoomba councillor Gary Gardner has seen the first real test of his conflicts of interest, with his position as one of the city’s most prominent developers assessed multiple times during a meeting that led to a fiery exchange with a colleague.

Mr Gardner, who was elected in March, found himself defending his existing role at FKG Group and subsidiary companies during the council’s September meeting on three occasions — one of which resulted in him being voted out of the room despite his protests.

The potential conflicts related to three separate motions and two different projects Mr Gardner’s companies either were involved in or had live applications with council.

It’s the first serious time Mr Gardner’s role as a developer has jutted up against local government legislation, with his industry involvement foreshadowed as a potential issue during the campaign.

Councillor Gary Gardner. Picture: Kevin Farmer

This is despite many voters supporting him specifically because of his background in business and development.

The most contentious matters at the September 17 meeting related to Mr Gardner’s ability to vote on changes to the application process and amendment of costs for footpath and road closure permits, covered over two motions.

The first, which was focused on reducing the cost of these permits, was considered by council chief executive Brian Pidgeon to be a prescribed conflict of interest due to one of Mr Gardner’s companies having a live application (for a set of luxury apartments on Kitchener Street) currently with the TRC.

Mr Gardner disagreed but his colleagues voted to remove him from the room during the discussion and vote, led by councillor Bill Cahill.

Toowoomba's FKG Group’s plans for a seven-storey apartment tower along Kitchener Street, overlooking Mothers Memorial. Designs by Feather and Lawry.

The Kitchener Street application was also raised over Mr Gardner’s ability to discuss and vote on a motion that would improve the application process for closing roads and footpaths as part of construction projects.

When Mr Cahill again suggested he should leave the chamber due to the existing application, Mr Gardner called the act “disgusting” – earning a rebuke from mayor Geoff McDonald.

“You talk about perception Councillor Bill, I think trying to get someone out of the room because they have knowledge of something is disgusting,” he said.

Mr Cahill objected to the comment and demanded an apology, which Mr Gardner eventually gave after Mr McDonald suggested the comments verged on misconduct.

Councillor Bill Cahill. Picture: Kevin Farmer

The councillors eventually determined since the application had already been submitted and that the changes could not be applied to it, Mr Gardner‘s interest was “no greater than a significant portion of other community members”.

Mr Cahill was the sole vote against it.

The heated exchange came after Mr Gardner had successfully fought to be able to discuss and vote on council’s support for a masterplanned upgrade of Millmerran park Domville Place by Millmerran Commerce and Progress Inc.

FKG Group, of which Mr Gardner is the executive chairman, has offered to complete the capital works for the project at no cost.

After being allowed to discuss it but not vote on the matter at the committee meeting the previous week, Mr Gardner argued Section 150EF of the Local Government Act (related to personal interests in ordinary business matters of council) allowed him to cast his vote, as FKG Group didn’t stand to materially benefit from sponsoring Domville Place’s master plan.

Mr Cahill was again the only dissenting opinion.