minutes council meeting - city of gold coast · 14/05/2019 · 3 mayoral minute 3.1 gold coast...

773

Minutes of the

Council Meeting held

Tuesday 14 May 2019

at

1pm

City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

773rd Council Meeting 2 14 May 2019 Minutes

INDEX

Minutes (773)

Council Meeting

14 May 2019

Opening Prayer - Pastor Wayne Benn of 24/7 Church, Burleigh Heads

Australian National Anthem

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

3 MAYORAL MINUTE

3.1 Gold Coast City Transport Strategy 2031 Mid-Life Review And Uplifted 10-Year Capital Program

4 CONFIRMATION OF MINUTES

4.1 The Seven Hundred and Seventy Second Meeting of the Council of the City of Gold Coast, held Tuesday 30 April 2019 at 1pm.

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

8.1 Recognition of Excellence Awards – Community Lifetime Award Cr La Castra

8.2 Legacy Presentation

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 Transport and Infrastructure 2 May 2019

9.2 Lifestyle and Community 2 May 2019

9.3 Economy, Planning and Environment 8 May2019

9.4 Events, Tourism and Governance 9 May 2019

9.5 Special Budget and Finance Committee 13 May 2019

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

13 GENERAL BUSINESS


ITEM SUBJECT

13.1 Numinbah Valley School of Arts Cr Tozer

13.2 Ernest Junction Tunnel Friends Cr Crichlow

13.3 Allocation Of Funds From Division 12 Local Promotions Program 2018-19 For The Burleigh Winter Solstice Festival On 22 June 2019

Cr Vorster

14 OTHER BUSINESS

14.1 Investigation Of Inappropriate Conduct Referrals From The Office Of The Independent Assessor


Minutes of the Seven Hundred and Seventy Third Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday 14 May 2019, at 1pm. The Mayor, Cr T R Tate, welcomed Pastor Wayne Benn of 24/7 Church, Burleigh Heads, to open the meeting in prayer. National Anthem 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W M A Owen-Jones Cr C M Caldwell Cr K L Boulton Cr P J Young Cr D M Crichlow OAM Cr G J Baildon AM Cr R La Castra left meeting at 5.07pm Cr G M Tozer Cr P A Taylor Cr H H C Vorster Cr P C Young Cr D I McDonald Cr G M O’Neill Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr A Twine Director Transport and Infrastructure Ms A Ewens Director Lifestyle and Community Mr G Potter Director Organisational Services Ms A Swain Director Economy, Planning & Environment Mr M Tilly Manager Transport and Traffic Mr L Wallace Manager Executive Services 1.1 LEAVE OF ABSENCE / APOLOGIES

Nil


2 CONDOLENCES Nil 3 MAYORAL MINUTE 3.1 GOLD COAST CITY TRANSPORT STRATEGY 2031 MID-LIFE REVIEW AND

UPLIFTED 10-YEAR CAPITAL PROGRAM Councillors,

I wish to report on the mid-life review of the Gold Coast City Transport Strategy 2031 recently undertaken by City staff. This extensive review, with input from across our organisation as well as key industry and government stakeholders, has shown that we are on track with delivering our 2031 transport commitments and are adapting well to changes in the transport landscape by considering emerging technologies and trends.

The mid-life review concluded that the Transport Strategy has served the city well since we launched it in 2013, and there is no need to prepare a new Transport Strategy at this time.

The identified priorities remain highly relevant, especially:

extending the light rail and the coverage of the City’s bus network,

providing a connected network of safe active transport routes, and

consolidating new housing growth into urban corridors well served by mass transit.

Furthermore, the mid-life review has also told us that managing our transport system on the Gold Coast is occurring against a backdrop of sustained growth in population and economic activity in the city, and increasing car ownership in the Australian community. As experienced in all Australia’s major cities and in similar places around the world, high car dependence with a preference for single occupant vehicle travel will combine with population growth to increase the risk of spiralling traffic congestion on the Gold Coast.

An enhanced focus on congestion management is necessary to consolidate and prioritise actions that address both the cause and effects of congestion.

Given there are many causes of congestion, there needs to be a mix of solutions to combat it. That is why the City’s Transport Strategy has an integrated plan in place to manage congestion and protect our unique lifestyle.


3 MAYORAL MINUTE (Continued) 3.1 GOLD COAST CITY TRANSPORT STRATEGY 2031 MID-LIFE REVIEW AND

UPLIFTED 10-YEAR CAPITAL PROGRAM (Continued) This involves:

Major road projects to increase the capacity of City-controlled roads

Intersection and ‘pinch point’ upgrades

Extending the light rail and advocating to State Government for improved bus services

More efficient traffic operations with the use of data, technology and intelligent transport systems

Extending and connecting the walking and cycling network

Travel demand management to reduce, re-time, re-route or re-mode trips on the network

Taking a best-for-community ‘one network’ approach with State Government.

To reinforce this plan, I am proposing the current 10-year capital program of transport projects be uplifted to meet the challenge of growing congestion. This uplifted program sees critical road projects, ‘pinch points’ and active transport projects brought forward for maximum benefit to the city. It presents an increase in investment where we need it most.

This uplifted capital program will go hand-in-hand with an integrated mix of congestion management initiatives, outlined in the attached Mid-life review summary of the Gold Coast City Transport Strategy 2031. We will roll out 53 projects that focus on managing congestion over the next four years. Some of these will be delivered in partnership with the State Government, especially around the state-controlled roads of the Gold Coast and enhanced public transport services.

I am pleased to advise that this uplifted capital works program is achievable and affordable. I have had discussions with the City’s transport experts who have done the work to demonstrate the benefits and affordability of this revised program.

Councillors, this uplifted program is the culmination of the consultation with you at the Roads Program Workshop last September, the extensive work undertaken by City officers on the publicly released suite of seven transport implementation plans, and further consultation with Councillors as part of the infrastructure program meetings with each of you in late 2018 and earlier this year. These additional capital projects have been selected to address the identified hot spots on our network.


3 MAYORAL MINUTE (Continued) 3.1 Gold Coast City Transport Strategy 2031 Mid-Life Review And Uplifted 10-Year

Capital Program (Continued)

We remain committed to keeping at the forefront of transport technologies and trends. We will continue to work with our partners in the private sector, Australian and Queensland Governments, and our community to shape our transport vision. We will continue responding to growing congestion on the Gold Coast by spending over $366 million on capital projects and $175 million on transport system maintenance projects over the next four years.

Motion / recommendation:

1. That the attached Mid-life review summary of the Gold Coast City Transport Strategy 2031 is released to the public, outlining how the City is delivering our transport commitments, managing congestion, and planning for the future and emerging transport technologies.

2. Note the proposed uplifted 10-year capital program of transport improvements included in the draft budget for adoption by Council.

Attachments:

1. Mid-life review summary of the Gold Coast City Transport Strategy 2031

2. Project maps – 10 year Road Infrastructure program

3. Project maps – 10 year Active Transport program

RESOLUTION G19.0514.001 moved Cr Tate 1 That the attached Mid-life review summary of the Gold Coast City Transport

Strategy 2031, incorporating the amendments identified at the meeting, is released to the public, outlining how the City is delivering our transport commitments, managing congestion, and planning for the future and emerging transport technologies.

2 Note the proposed uplifted 10-year capital program of transport improvements included in the draft budget for adoption by Council.

A division was called. For 14 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell,

Cr Vorster, Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr Tate

Against 0 Abstained 1 Cr McDonald Absent 0 Did Not Vote 0

CARRIED BY SUPER MAJORITY



UPLIFTED 10-YEAR CAPITAL PROGRAM (Continued)

Page # Current content: Changes: P4 List of delivered transport projects Add new last dot point:

Ongoing investment of Traffic Response Units operating on the arterial network

P5 Planning ahead list of projects Existing dot point 4: The City will work with the Queensland

and Australian Governments to: - expand the Gold Coast’s northern

transport system including new rail stations, bus services and major road upgrades

- construct the next stage of Gold Coast Light Rail between Broadbeach South and Burleigh Heads

- plan for future stages of light rail to Coolangatta and Robina

Move last 4 dot points to under dot point 3 Update final dot point to read: The City will continue to assist the

Queensland and Australian Governments to: - expand the Gold Coast’s northern

transport system including new rail stations, bus services and major road upgrades

- construct the next stage of Gold Coast Light Rail between Broadbeach South and Burleigh Heads

- plan for future stages of light rail to Coolangatta and Robina

- increase park ‘n’ ride facilities at Gold Coast rail stations

- plan for future extension of heavy rail

- plan for the Coomera Connector. Crop photo to ensure text fits on page

P11 Point 4 – It’s cheaper to drive than catch public transport

Add new sentence in paragraph 2; after first sentence: The City will work with TransLink on next generation ticketing and opportunities to incorporate Free Seniors Travel on other modes.

P14 The City, together with the Queensland Government, has an integrated plan to manage congestion through the delivery of 53 projects and initiatives which will be rolled out over the next four years.

The City, together with the Queensland Government, has an integrated plan to manage congestion through the delivery of 54 projects and initiatives which will be rolled out over the next four years, subject to appropriate community consultation.

P15 3. Systems and operations list Add new item: 3.9 Implement clearways in appropriate locations to increase road network capacity during busy times


4 CONFIRMATION OF MINUTES RESOLUTION G19.0514.002 moved Cr Gates seconded Cr Caldwell That the Minutes of the Seven Hundred and Seventy Second Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 30 April 2019 at 1pm be confirmed.

CARRIED Cr Vorster abstained 5 MAYOR’S REPORT 5.1 RECENT VISITS AND SPEECHES


5 MAYOR’S REPORT (Continued) 5.1 RECENT VISITS AND SPEECHES (Continued)

Disaster Management Officer Network Forum

I provided the welcome address for this Forum, which provided an excellent opportunity to share the Gold Coast’s experiences from disaster events and to collaborate and contribute to the future of disaster management within Queensland.

The Office of the Inspector General Emergency Management (IGEM) established the Disaster Management Officer (DMO) Network in 2016 to provide a peer-driven Community of Practice.

Members provide each other support and guidance and contribute to a collaborative knowledge centre.

Membership currently includes 98 officers from 55 of the 77 councils across Queensland.



Mayor's Christian Prayer Breakfast

Approx. 120 senior pastors and community leaders from around the Coast attended this breakfast.

The focus of this breakfast was combating Domestic Violence and we heard from special guest speaker Rosie O’Malley from the Domestic Violence Prevention Centre.

Thanks to the support of Council, this event highlighted the important work needed to combat domestic violence.



People to People International (PTPI) – Tainan Chapter

As Tainan is one of our Sister Cities, I took the opportunity to personally welcome 27 delegates from the People to People International (PTPI) – Tainan Chapter.

PTPT was founded in 1956 by President Eisenhower and today the organisation is responsible for the immersive cultural travel, the education of all age groups in global enrichment and the relevant humanitarian assistance for thousands of people every year.

The PTPI - Tainan Chapter was founded by former Mayor of Tainan, Mr Li-Tang Chang. After several years it has reached more than 200 members.



Koala Release

Two koalas – Amelia and El Yungo – were released at Coombabah through Dreamworld’s ‘Living Koala Genome Bank’.

This project was designed to use proven breeding strategies to protect koalas.

Programs such as the Dreamworld Wildlife Foundation are incredibly important in securing funds and raising awareness of conservation initiatives.



Gold Coast Airport Jetstar Service Gold Coast to Seoul Announcement

I joined with Minister Kate Jones in announcing that Jetstar will commence a three times-weekly service from Gold Coast Airport to Seoul by 8 December 2019 – delivering 52,000 additional visitor seats to the region annually.

It is also forecast to contribute up to $176.5 million to the Queensland economy over the next three years.

South Korean visitation to the Gold Coast and northern New South Wales increased by 53% last year, so it’s great to see these services now supplying for the demand.



Official Opening and Launch of Rivermead Estate

Set on 55 acres, the property has a six-bedroom homestead and swimming pool with the Estate is expected to play host to future Polo, major events, the film industry and equine facilities.

Rivermead Estate has announced it is the official home of Gold Coast Polo, which will see the club re-emerge with facilities such as a full club house and tournaments.

Rivermead Estate’s polo field is one of three international tournament approved fields in Queensland.

Stage two will include:

An Artisans Village, Farm to Table Restaurant, Artist Studios & Gallery supporting local and emerging artists as part of the City of Gold Coast Arts and Culture program.

World-class Indoor Equestrian Centre that will attract international competitions - Show Jumping, Dressage

Equine Supplies Retail Facility

The development of 20 two bedroom accommodation ’pods’ which have a vision to form part of the village, or can be part of overnight stays for development Polo Camps or the like.

It was also great to see special guest Daryl Braithwaite perform.



Boat Works Superyacht Yard Unveiling

This new Superyacht refit facility will become a lifestyle destination and state-of-the-art Shipyard for 2020.

After I attended the sod turning 7 months ago on The Boat Works’ north precinct, it was great to see stage 1 now complete.

It now brings in 20 new berths and a Dry Marina for 100 boats.

Stage 2 & 3 are now well underway to create the “greenest and cleanest” shipyard and marina in the world.



Creating Value in Sport

This was a media call with CEO Commonwealth Games Federation David Grevemberg and 2022 Birmingham Commonwealth Games CEO Ian Reid.

Creating Value in Sport provided an opportunity to:

learn about our experience hosting the Gold Coast 2018 Commonwealth Games and approach to long-term legacy;

meet key players and suppliers from the sport and major events industry; and

develop strategic relationships with future major event hosts.



Launch of Study Gold Coast's New Mobile Student Hub

The Gold Coast Student Hub in Southport is now a thriving place having seen over 8500 student visits from over 50 Gold Coast institutions hailing from over 70 nationalities.

Gold Coast Student Hub Van will further enhance Study Gold Coast’s student experience in the city and will reach all corners of our city in ensuring our students have the support they need and equipping them with the necessary employability skills.



Gold Coast Titans NRL Magic Round Announcement

I did some promo with Minister Kate Jones to wish our Titans all the best for the weekend’s Magic Round.

I understand 26 buses of Titans supporters headed up to Suncorp Stadium to support the team, which was great to see.



SportAccord 2019

SportAccord is the world sport and business summit, and the opening ceremony had many VIPs in attendance, including:

Thomas Bach - President of the International Olympic Committee

His Excellency Ban Ki-Moon - Former Secretary-General of the United Nations

Raffaele Chiulli - Acting President of GAISF (pron: gay-f) and SportAccord

Premier Annastacia Palaszczuk MP

Minister Kate Jones MP and

Presidents of many International Sporting Federations

It is focused on driving positive change internationally and dedicated to engaging and connecting; international federations, rights holders, organising committees, cities, press and media, businesses and other organisations involved in the development of sport.

The SportAccord 2019 conference theme was “The Future of Big Data and Analytics”.

During Sport Accord, I attended:

The Opening Ceremony on Tuesday, 7 May

The Official Opening of SportAccord Sports Festival on Wednesday, 8 May

The Sporting Leaders Breakfast on Thursday, 9 May



Dive Site Funding Announcement

I joined with Minister for Tourism Kate Jones to announce that Council will be partnering with the State to build a world-class $5 million dive site on the Gold Coast.

The project will create 18 jobs during construction and 82 jobs once operational.

This is fantastic news and shows the State Government is right behind our tourism industry.

The City has closed its Expressions of Interest campaign on this project and we hope to announce a successful design-and-construct contractor next month.

The aim is to have this new tourism asset installed by June 2021, ready to welcome divers from around the globe.



Welcome Delegation from Chengdu, China

Last week I had the pleasure of welcoming to the Gold Coast, Mayor Luo of Chengdu and 17 other delegation members.

The Mayor of Chengdu and delegation were visiting the Gold Coast to attend SportAccord as Chengdu will be hosting the 2021 Summer Universiade Games.

Chengdu is looking to position themselves as a ‘City of Sports’ and the delegation have also requested site visits to Gold Coast sporting facilities.

Chengdu are keen to learn from the Gold Coast having hosted the 2018 Commonwealth Games and how the Gold Coast is positioning itself as a high performance sports destination.

I look forward to visiting Chengdu myself this week and next week when I head over to China on my Mayoral Mission.



Official Signing of 2024 Lifesaving World Championships Host City Agreement

It’s official - the Lifesaving World Championships 2024 will be held on the Gold Coast.

I was joined by International Lifesaving Federation (ILS) President Graham Ford AM and Acting CEO of SLSQ Kris Beavis where the agreement was signed at SportAccord.

This will be one of the biggest international sporting events held in Queensland since the Commonwealth Games in 2018.

I am so pleased that the ILS will be bringing the Championships to the city and I know that the Gold Coast will provide the warmest of welcomes to participants from all over the world.



Announcement of Borobi Day with the Yugambeh Museum

I was joined by Dame Louise Martin DBE and David Grevemberg CBE from the Commonwealth Games Federation to announce Borobi Day – with the inaugural event celebrated on Friday, 31 May 2019.

Borobi means so much to millions of people so it is only appropriate that he has his own special day.

His Indigenous role is invaluable as we all look to learn more about the Yugambeh people, their culture and language.

Borobi wants Gold Coasters to speak Yugambeh language as much as they can for the day – and you can start by saying ‘Jingeri!’ which means hello to greet everyone.

I encourage all Gold Coasters to get behind and celebrate Borobi Day.



Gold Coast Mayoress Charity Foundation Charity Gala Ball

This was another fantastic sell-out night to support the Mayoress Charity Foundation.

Proceeds from the night, including the auction, will go to local charities:

YHES House Southport

Havafeed Community Relief

Gold Coast Project for Homeless Youth

Oxenford & Coomera Community and Youth Centre

Surfers Paradise Anglican Crisis Care

Thank you to all those Councillors who attended and supported this wonderful event that supports the most vulnerable in our community.



Official Opening of CONNECT19 Media Conference

CONNECT Conference is focussed on helping increase the reach and influence of those in media through raising the bar of excellence and encouraging greater collaboration.

Delegates came from Australia as well as New Zealand, Asian and the USA.

The combined media reach of CMAA radio and TV Members is over 5 million people each month. RESOLUTION G19.0514.003 moved Cr Tate seconded Cr Gates That the Mayor’s Report be welcomed and noted.

CARRIED 6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES Nil


8 PRESENTATIONS 8.1 RECOGNITION OF EXCELLENCE AWARDS – COMMUNITY LIFETIME AWARD

l-r Warren Young – Chief Lifeguard, Mr Mayor Tom Tate, Cr Bob La Castra

Council Chief Lifeguard, Warren Young, was presented with a Recognition Of Excellence Award, under the category of Community Lifetime Award, by the Festival of Elegance (Annual Event), for his significant contribution to the city and beach safety over a 50 year period.


8 PRESENTATIONS (Continued) 8.1 RECOGNITION OF EXCELLENCE AWARDS – COMMUNITY LIFETIME AWARD

(Continued)


8 PRESENTATIONS (Continued) 8.1 RECOGNITION OF EXCELLENCE AWARDS – COMMUNITY LIFETIME AWARD (Continued)


8 PRESENTATIONS (Continued) 8.2 LEGACY PRESENTATION PROCEDURAL MOTION moved Cr Tate seconded Cr Vorster That the Legacy Presentation be deferred to the Council Meeting scheduled to be held on Tuesday 28 May 2019.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 TRANSPORT AND INFRASTRUCTURE Cr PC Young, Chairperson of the Transport and Infrastructure Committee, presented the Report of the Meeting of the Transport and Infrastructure Committee held on Thursday, 2 May 2019. RESOLUTION G19.0514.004 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting held on Thursday, 2 May 2019, covered by Recommendations numbered TI19.0502.001 to TI19.0502.007, be received.

CARRIED ITEM 6 URBAN OASIS PUBLIC ART

RD5025/46/03(P1) Conflict of Interest – Cr PC Young

Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows:

The nature of the interest is: Commercial and residential property in the proximity of the Light Rail Stage 3A corridor

The name of the person or entity is: Cr PC Young

The nature of the relationship is: Proximity of Light Rail Stage 3A corridor

The value of the gift is: Nil

The date of receipt of the gift is: Nil

The nature of the other person’s interest in the matter is: Commercial and residential property in the proximity of the Light Rail Stage 3A corridor.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason the interest is minor and of a remote nature.

PROCEDURAL MOTION moved Cr Gates seconded Cr Owen-Jones

Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that:

Cr PC Young does not have a real or perceived conflict of interest in the matter because the interest is minor and of a remote nature.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr PC Young did not vote.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS(Continued) 9.1 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 6 URBAN OASIS PUBLIC ART (Continued)

RD5025/46/03(P1) RESOLUTION G19.0514.005 moved Cr Vorster seconded Cr O'Neill

That Committee Recommendation TI19.0502.006 be adopted as printed which reads as follows:- 1 That the report/attachment be deemed non-confidential except for those parts

deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That Council endorse installation of the artwork at the proposed location identified in the report at Option 5.3 – Recommended Site subject to endorsement by local traders as per the consultation engagement process by City Place Making.

CARRIED

Cr Crichlow and Cr Owen-Jones requested that their vote in the negative be recorded ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE REPORT RESOLUTION G19.0514.006 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting of Thursday, 2 May 2019, covered by Recommendations numbered TI19.0502.001 to TI19.0502.007, be adopted with the exception of Recommendation Number TI19.0502.006 which was specifically resolved.

CARRIED Meeting adjourned at 3.03pm Meeting reconvened at 3.18pm


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY Cr Vorster, Chairperson of the Lifestyle and Community Committee, presented the Report of the Meeting of the Lifestyle and Community Committee held on Thursday, 2 May 2019. RESOLUTION G19.0514.007 moved Cr Vorster seconded Cr O'Neill That the Report of the Lifestyle and Community Committee Meeting held on Thursday, 2 May 2019, covered by Recommendations numbered LC19.0502.001 to LC19.0502.010, be received.

CARRIED ITEM 8 CITY CEMETERIES – CAPACITY, OPERATIONS AND SERVICES

GENERATION PLANNING (THREE POINT STRATEGY) HL65/-/-(P6) REPORT CONFIDENTIAL

Conflict of Interest – Cr Tozer


The nature of the interest is: My primary place of residence is located adjacent the Mudgeeraba quarry reserve which abuts the cemetery at Mudgeeraba

The name of the person or entity is: Cr Tozer

The nature of the relationship is: The Quarry reserve separates my home and the cemetery



The nature of the other person’s interest in the matter is: My primary place of residence is located adjacent the Mudgeeraba quarry reserve which abuts the cemetery at Mudgeeraba.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the Mudgeeraba Quarry Reserve separates my home from the lot referred to in the report.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Baildon


Cr Tozer has a real or perceived conflict of interest in this matter for reasons that he has disclosed.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Tozer did not vote.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued)

ITEM 8 CITY CEMETERIES – CAPACITY, OPERATIONS AND SERVICES GENERATION PLANNING (THREE POINT STRATEGY) (Continued) HL65/-/-(P6) REPORT CONFIDENTIAL

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Baildon

Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that:

Cr Tozer may participate in the meeting and vote on the matter because the conflict as resolved is minor and remote in nature and not the subject of the report.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Tozer did not vote.

RESOLUTION G19.0514.008 moved Cr Tozer seconded Cr Vorster

That Committee Recommendation LC19.0502.008 be adopted as printed which reads as follows:- 1 That the report/attachment be deemed non-confidential except for those parts

deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That regeneration plans for the City’s existing cemeteries be undertaken for the Southport Lawn, Southport General and Mudgeeraba Cemeteries.

3 That long term planning progress for the Pimpama cemetery development.

4 That the Cemeteries section, in consultation with City Planning and City Property, continue to evaluate and undertake site selection analysis to inform options for a proposed new cemetery development site in the southern corridor between Broadbeach and Coolangatta, including private land.

5 That the City does not proceed with crematoria in the City as the current private suppliers well accommodate demand.

6 That suggested zoning changes, as outlined within this report to best facilitate planned cemetery usage, be proposed through the next planning scheme update.

7 That easement acquisition as discussed at committee be progressed.

CARRIED UNANIMOUSLY Cr Tozer voted in the positive


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 7 MICRO ELECTRIC VEHICLES IN PUBLIC PLACES

TT138/-/-(P3) MOTION moved Cr Baildon seconded Cr Vorster

That Committee Recommendation LC19.0502.007 be adopted as printed which reads as follows:- 1 That Council notes the City’s current and ongoing actions in relation to the use of

micro-electric devices on public footpaths across the city, specifically the actions for ‘alternative vehicles’ identified as part of the Gold Coast Road Safety Plan 2015-2020, including a data collection and analysis project to be delivered by the City (Transport and Traffic) during FY19/20.

2 That pending the outcome of recommendation 1, consideration to be given to introducing or amending local laws where safety risks are identified.

3 That Council notes a subsequent report will be presented to Council regarding options for an e-scooter ride share system.

AMENDMENT moved Cr Gates seconded Cr Owen-Jones

That Committee Recommendation LC19.0502.007 be adopted, with the deletion of part 3, such that it reads in its entirety as follows: 1 That Council notes the City’s current and ongoing actions in relation to the use of

micro-electric devices on public footpaths across the city, specifically the actions for ‘alternative vehicles’ identified as part of the Gold Coast Road Safety Plan 2015-2020, including a data collection and analysis project to be delivered by the City (Transport and Traffic) during FY19/20.


The AMENDMENT was CARRIED and became the MOTION


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 7 MICRO ELECTRIC VEHICLES IN PUBLIC PLACES (Continued)

TT138/-/-(P3) RESOLUTION G19.0514.009 moved Cr Gates seconded Cr Owen-Jones

That Committee Recommendation LC19.0502.007 be adopted, with the deletion of part 3, such that it reads in its entirety as follows: 1 That Council notes the City’s current and ongoing actions in relation to the use

of micro-electric devices on public footpaths across the city, specifically the actions for ‘alternative vehicles’ identified as part of the Gold Coast Road Safety Plan 2015-2020, including a data collection and analysis project to be delivered by the City (Transport and Traffic) during FY19/20.


A division was called. For 13 Cr Tozer, Cr Owen-Jones, Cr Caldwell, Cr Crichlow,

Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 2 Cr PJ Young, Cr Vorster Abstained 0 Absent 0 Did Not Vote 0

CARRIED BY SUPER MAJORITY ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE REPORT RESOLUTION G19.0514.010 moved Cr Vorster seconded Cr O'Neill That the Report of the Lifestyle and Community Committee’s Recommendations of Thursday, 2 May 2019, numbered LC19.0502.001 to LC19.0502.010, be adopted with the exception of Recommendation Numbers LC19.0502.007 & LC19.0502.008 which were specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT Cr Caldwell, Chairperson of the Economy, Planning and Environment Committee, presented the Report of the Economy, Planning and Environment Committee held on Wednesday, 8 May 2019. RESOLUTION G19.0514.011 moved Cr Caldwell seconded Cr PJ Young That the Report of the Economy, Planning and Environment Committee Meeting held on Wednesday, 8 May 2019, covered by Recommendations numbered EPE19.0508.001 to EPE19.0508.011 be received.

CARRIED ITEM 2 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF

USE (CODE ASSESSMENT) FOR WAREHOUSE (SELF-STORAGE FACILITY) AT 610 OXLEY DRIVE, BIGGERA WATERS – DIVISION 4 MCU/2019/3

RESOLUTION G19.0514.012 moved Cr Caldwell seconded Cr Gates That Committee Recommendation EPE19.0508.002 be adopted as printed in the Economy, Planning and Environment Committee meeting report.


Cr Vorster, Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 1 Cr Boulton Abstained 0 Absent 0 Did Not Vote 0



9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 3 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF

USE (CODE ASSESSMENT) FOR HOME BASED BUSINESS (COSMETIC TATTOOING) AT 109 HENRY COTTON DRIVE, PARKWOOD – DIVISION 6 MCU/2019/49

RESOLUTION G19.0514.013 moved Cr Caldwell seconded Cr Owen-Jones

That Committee Recommendation EPE19.0508.003 be not adopted, but in lieu thereof reads as follows:

A decision be deferred to allow the Minor Change and newly submitted information to be assessed by officers and a report presented to a future Economy, Planning and Environment Committee unless otherwise decided at a prior time.


Cr Crichlow requested that her vote in the negative be recorded

ITEM 1 REPORT ON DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE

(IMPACT ASSESSABLE) FOR SHOP (LICENSED FIREARMS) AT UNIT 2, 37 LAWRENCE DRIVE, NERANG - DIVISION 8 MCU/2018/1205

RESOLUTION G19.0514.014 moved Cr Caldwell seconded Cr Owen-Jones That Committee Recommendation EPE19.0508.001 be adopted as printed in the Economy, Planning and Environment Committee meeting report.

CARRIED

Cr La Castra, Cr Vorster, Cr PC Young, Cr McDonald and Cr PJ Young requested that their vote in the negative be recorded


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ADOPTION OF THE ECONOMY, PLANNING AND ENVIRONMENT COMMITTEE REPORT RESOLUTION G19.0514.015 moved Cr Caldwell seconded Cr PJ Young That the Report of the Economy, Planning and Environment Committee’s Recommendations of Wednesday, 8 May 2019, numbered EPE19.0508.001 to EPE19.0508.011, be adopted with the exception of: Recommendation Numbers EPE19.0508.001

EPE19.0508.002 and EPE19.0508.003 which were specifically resolved. and EPE19.0508.004 (Item 4) EPE19.0508.009 (Item 9) and EPE19.0508.010 (Item 10) which will be discussed separately.


Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 0 Abstained 1 Cr Vorster Absent 0 Did Not Vote 0

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 4 SPECIAL DELEGATION ITEMS DECIDED DURING THE COUNCIL

COMMUNITY CONSULTATION AND OTHER CIVIC DUTIES PERIOD – APRIL 2019 PD97/-/-(P19)

Conflict of Interest –Cr Owen-Jones


The nature of the interest is: Receipt of donation

The name of the person or entity is: Sunland

The nature of the relationship is: Contribution to my 2016 election campaign

The value of the gift is: $1800

The date of receipt of the gift is: 26 August 2015

The nature of the other person’s interest in the matter is: Named in the 2 agenda items and now a prohibited donor.

I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence.

Cr Owen-Jones left the room

Conflict of Interest – Cr Gates




The nature of the relationship is: Donor

The value and date of the gifts are: $2500 – 11 November 2014 $2500 – 11 September 2015

The nature of the other person’s interest in the matter is: named in the 2 agenda items and now a prohibited donor.


Cr Gates left the room



COMMUNITY CONSULTATION AND OTHER CIVIC DUTIES PERIOD – APRIL 2019 (Continued) PD97/-/-(P19)

Conflict of Interest – Cr Boulton


The name of the person or entity is: Sunland Group Limited

The nature of the relationship is: None

The value of the gift or benefit is: None

The nature of the other person’s interest in the matter is: I engaged Shac Communications for my 2016 election campaign of which Sunland Group Limited is also a client.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that minor and remote in nature.

PROCEDURAL MOTION moved Cr Tozer seconded Cr La Castra


Cr Boulton does not have a real or perceived conflict of interest in the matter based on the information declared at the meeting because the relationship that Cr Boulton has disclosed is entirely independent of any relationship that Sunland has with any service provider.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Boulton did not vote.

Conflict of Interest – Cr Baildon


The nature of the interest is: Receipt of donation prior to 2005

The name of the person or entity is: Sunland Group


The value of the gift is: Unknown

The date of receipt of the gift is: Unknown



Cr Baildon left the room



COMMUNITY CONSULTATION AND OTHER CIVIC DUTIES PERIOD – APRIL 2019 (Continued) PD97/-/-(P19)

RESOLUTION G19.0514.016 moved Cr Caldwell seconded Cr O'Neill

That Committee Recommendation EPE19.0508.004 be adopted as printed which reads as follows:-

That Council notes the contents of this report in relation to the April 2019 Community Consultation and other Civic Duties Period where three (3) items were resolved under special delegation.

CARRIED Cr Boulton voted in the positive Cr Baildon, Cr Gates and Cr Owen-Jones returned to the room ITEM 9 SPIT MASTER PLAN UPDATE MAY 2019

PD113/1275/17 REPORT CONFIDENTIAL Conflict of Interest – Cr Gates






The nature of the other person’s interest in the matter is: A lessee in the Spit MasterPlan is now a prohibited donor.




9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 9 SPIT MASTER PLAN UPDATE MAY 2019 (Continued)

PD113/1275/17 REPORT CONFIDENTIAL Conflict of Interest – Cr Baildon









Cr Baildon left the room Conflict of Interest –Cr Owen-Jones








However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the interest is minor and of a remote nature.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Tozer


Cr Owen-Jones has a real or perceived conflict of interest in this matter because reasons of matters outlined in his declaration details which are above.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote.



PD113/1275/17 REPORT CONFIDENTIAL PROCEDURAL MOTION moved Cr Caldwell seconded Cr Vorster


Cr Owen-Jones must leave and stay away from the meeting because the Councillor has a real or perceived conflict of interest in this matter.

A division was called. For 11 Cr PJ Young, Cr Caldwell, Cr Vorster, Cr Crichlow, Cr O'Neill,

Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 1 Cr Tozer Abstained 0 Absent 2 Cr Gates, Cr Baildon Did Not Vote 1 Cr Owen-Jones

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote.

Cr Owen-Jones left the room

Conflict of Interest – Cr Boulton







PROCEDURAL MOTION moved Cr Tozer seconded Cr La Castra


Cr Boulton does not have a real or perceived conflict of interest in the matter based on the information declared at the meeting because the relationship that Cr Boulton has disclosed is entirely independent of any relationship that Sunland has with any service provider.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Boulton did not vote.



PD113/1275/17 REPORT CONFIDENTIAL CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Vorster seconded Cr PC Young That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

9 Spit Master Plan Update May 2019 Prejudicial Matter

CARRIED PROCEDURAL MOTION moved Cr PJ Young seconded Cr Taylor That the Council move into Open Session.

CARRIED Following resumption into Open Session Item 9, was moved and carried as shown on the following pages.



PD113/1275/17 REPORT CONFIDENTIAL RESOLUTION G19.0514.017 moved Cr Caldwell seconded Cr Taylor

That Committee Recommendation EPE19.0508.009 be adopted with the addition of Parts 6 & 7 which reads as follows:-

1 That the report/attachments be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That the outcomes of community consultation on the draft Spit Master Plan, including Enquiry by Design Workshop Four be noted.

3 That Council note that the Minister for the Department of State Development, Manufacturing, Infrastructure and Planning has not provided a response to the Mayor’s correspondence dated 15 February 2019, which requested a draft implementation plan, schedule of works and costs estimates be provided.

4 That Council request an urgent response from the Minister for the Department of State Development, Manufacturing, Infrastructure and Planning to the Mayor’s correspondence dated 15 February 2019 and provide a draft implementation plan, schedule of works and costs estimates as it is essential to identify options to offset or mitigate forecast capital and/or operating costs including for example, revenue streams derived from State controlled assets in the Spit Master Plan area.

5 That Council notes the importance of giving statutory effect to the Spit Master Plan and will continue to work with the State Government to determine a preferred statutory approach and provisions.

6 That Council note that a draft version of the final Spit Master Plan has been provided to the Minister of Department of State Development, Manufacturing, Infrastructure and Planning and the Mayor for approval as the basis for finalising and releasing the Spit Master Plan.

7 That the Mayor send the letter attached to the Confidential Memorandum provided to Council on 13 May 2019 to the Minister of Department of State Development, Manufacturing, Infrastructure and Planning, recommending approval of the draft version of the final Spit Master Plan subject to requested amendments.

CARRIED

Cr McDonald and Cr Vorster requested that their vote in the negative be recorded Cr PJ Young abstained Cr Owen-Jones, Cr Gates and Cr Baildon returned to the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 10 259 RIO VISTA BOULEVARD ROAD MERMAID WATERS

SUNLAND LITIGATION LG222/1123/TH(P1) REPORT CONFIDENTIAL










Conflict of Interest – Cr Baildon









Cr Baildon left the room



SUNLAND LITIGATION (Continued) LG222/1123/TH(P1) REPORT CONFIDENTIAL

Conflict of Interest – Cr Owen-Jones









Cr Owen-Jones left the room Conflict of Interest – Cr Boulton







PROCEDURAL MOTION moved Cr PJ Young seconded Cr La Castra


Cr Boulton does not have a real or perceived conflict of interest in the matter based on the information declared at the meeting.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Boulton did not vote.



SUNLAND LITIGATION (Continued) LG222/1123/TH(P1) REPORT CONFIDENTIAL

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Caldwell seconded Cr Vorster That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

10 259 Rio Vista Boulevard Road Mermaid Waters Prejudicial Matter

CARRIED PROCEDURAL MOTION moved Cr PJ Young seconded Cr Tozer That the Council move into Open Session.

CARRIED Following resumption into Open Session Item 10, was moved and carried as shown as follows. RESOLUTION G19.0514.018 moved Cr Caldwell seconded Cr Vorster

That Committee Recommendation EPE19.0508.010 be adopted as printed which reads as follows:- 1 That the report and attachments be deemed confidential and be treated as such in

accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 Council notes the report and attachments are subject to legal professional privilege.

3 Council proceed to file an application for leave to appeal, and appeal, to the Court of Appeal against the judgment of the Planning & Environment Court in Sunland Group Ltd & Anor v Gold Coast City Council [2019] QPEC 14.

CARRIED

Cr Baildon, Cr Gates and Cr Owen-Jones returned to the room Cr La Castra left the meeting at 5.07pm


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 EVENTS, TOURISM AND GOVERNANCE Cr PC Young, Deputy Chairperson of the Events, Tourism and Governance Committee, presented the Report of the Meeting of the Events, Tourism and Governance Committee held on Thursday, 9 May 2019. RESOLUTION G19.0514.019 moved Cr PC Young seconded Cr Boulton That the Report of the Events, Tourism and Governance Committee Meeting held on Thursday, 9 May 2019 covered by Recommendations numbered ETG19.0509.001 to ETG19.0509.002 be received.

CARRIED ADOPTION OF EVENTS, TOURISM AND GOVERNANCE COMMITTEE REPORT RESOLUTION G19.0514.020 moved Cr PC Young seconded Cr Boulton That the Report of the Events, Tourism and Governance Committee Recommendations of Thursday, 9 May 2019, numbered ETG19.0509.001 to ETG19.0509.002, be adopted.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 SPECIAL BUDGET AND FINANCE Cr Tate, Chairperson of the Special Budget and Finance Committee, presented the Report of the Meeting of the Special Budget Committee held on Monday 13 May 2019. RESOLUTION G19.0514.021 moved Cr Tate seconded Cr Gates That the Report of the Special Budget and Finance Committee Meeting held on Monday 13 May 2019 covered by Recommendations numbered SBF19.0513.001 to SBF19.0513.007 be received.

CARRIED ITEM 7 EXTERNAL PRESENTATION (2019-20 BUDGET)

FN334/375/21(P1)



The nature of the interest is: Daughter-in-law’s Sister is employed by Study Gold Coast

The name of the person or entity is: Juliette Bell

The nature of the relationship is: Employed by Study Gold Coast



The nature of the other person’s interest in the matter is: Study Gold Coast seeking funding from Council.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the interest is minor and remote in nature.

PROCEDURAL MOTION moved Cr Tozer seconded Cr Boulton


Cr Gates does not have a conflict of interest in this matter because the interest as disclosed is minor and remote in nature.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Vorster and Cr Gates did not vote.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 SPECIAL BUDGET AND FINANCE (Continued) ITEM 7 EXTERNAL PRESENTATION (2019-20 BUDGET)

FN334/375/21(P1) (Continued)

Conflict of Interest – Cr Vorster


The nature of the interest is: My wife is employed by a member of Study Gold Coast

The name of the person or entity is: Melissa Vorster

The nature of the relationship is: Melissa Vorster is employed by Bond University



The nature of the other person’s interest in the matter is: Bond University which is a member of Study Gold Coast.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that it is remote in nature.

PROCEDURAL MOTION moved Cr Tozer seconded Cr PJ Young


Cr Vorster has a perceived conflict of interest in this matter because of the reasons disclosed in his declaration.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Vorster and Cr Caldwell and Cr Gates did not vote.

PROCEDURAL MOTION moved Cr Tozer seconded Cr O'Neill


Cr Vorster may participate in the meeting and vote on the matter because the interest as disclosed is of a remote and minor nature.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Vorster and Cr Caldwell and Cr Gates did not vote.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 SPECIAL BUDGET AND FINANCE (Continued) ITEM 7 EXTERNAL PRESENTATION (2019-20 BUDGET)

FN334/375/21(P1) (Continued)

Conflict of Interest – Cr Caldwell


The nature of the interest is: Council’s appointed representative to be on The Board of Study Gold Coast

The name of the person or entity is: Study Gold Coast

The nature of the relationship is: Council’s representative to The Board of Study Gold Coast



The nature of the other person’s interest in the matter is: Council’s appointed representative to be on The Board of Study Gold Coast and this is budgetary matter and requesting funding.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that is in the best interest of the public as Council’s appointed representative to be on The Board of Study Gold Coast.

PROCEDURAL MOTION moved Cr Tozer seconded Cr PJ Young


Cr Caldwell, being Council’s appointed Board Member of Study Gold Coast, does not have a conflict of interest in this matter.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Vorster and Cr Gates did not vote.

ADOPTION OF SPECIAL BUDGET AND FINANCE COMMITTEE REPORT RESOLUTION G19.0514.022 moved Cr Tate seconded Cr PJ Young That the Report of the Special Budget and Finance Committee’s Recommendations of Monday 13 May 2019, numbered SBF19.0513.001 to SBF19.0513.007, be adopted.

CARRIED UNANIMOUSLY


10 CONSIDERATION OF NOTICES OF MOTION 10.1 MAYORAL DIRECTIVES

LG211/898/15 MOTION moved Cr Tozer seconded Cr PJ Young 1 That a public register of all Mayoral directives be published on the Council website,

effective immediately. This register should include those directives issued verbally and in writing and also include any rejected by the Chief Executive Officer for any reason.

2 That the directives be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with Sections 171 (3) and 200 (5) of the Local Government Act 2009.

3 That notice of any Mayoral directive issued be provided to all Councillors in writing within 24 hours of the directive.

A division was called. For 5 Cr Tozer, Cr PJ Young, Cr Crichlow, Cr Baildon, Cr McDonald Against 9 Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr O'Neill, Cr Boulton,

Cr Gates, Cr PC Young, Cr Taylor, Cr Tate

Abstained 0 Absent 1 Cr La Castra Did Not Vote 0 The MOTION was LOST. RESOLUTION G19.0514.023 moved Cr Caldwell seconded Cr Owen-Jones That the Chief Executive Officer bring forward a report to Council addressing the issuing and recording of Mayoral directives pursuant to Section 12 (4)(d) of the Local Government Act 2009. A division was called. For 14 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell,

Cr Vorster, Cr Crichlow, Cr Baildon, Cr O'Neill, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 0 Abstained 0 Absent 1 Cr La Castra Did Not Vote 0

CARRIED UNANIMOUSLY 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE Nil


12 PRESENTATION OF PETITIONS 12.1 LANDSCAPING AROUND GLENFERRIE DRIVE, MORNINGTON TCE & EDITHVALE

COURT ROBINA ER409/446/13(P1)

RESOLUTION G19.0514.024 moved Cr Vorster seconded Cr Tozer That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

13 GENERAL BUSINESS 13.1 NUMINBAH SCHOOL OF ARTS

FN334/375/20(P1) RESOLUTION G19.0514.025 moved Cr Tozer seconded Cr Owen-Jones That Council approve an allocation of $1200.00 from Division 9 2018/19 Community Concerts and Functions Budget (#27638) to the Numinbah Valley School of Arts Community Hall to assist with costs associated with hosting a community market event.

CARRIED 13.2 ERNEST JUNCTION TUNNEL FRIENDS

FN334/375/20(P1) RESOLUTION G19.0514.026 moved Cr Crichlow seconded Cr Owen-Jones That Council supports the one-off donation of $220 from Division 6 LAW 2018-19 Budget to the Ernest Junction Tunnel Friends (under the auspices of the Gold Coast & Hinterland Historical Society Inc). This one-off donation is sought to cover the cost of a portaloo for an event to be run by the Ernest Junction Tunnel Friends to celebrate the heritage listing of the Ernest Junction Tunnel with the event to be held at the tunnel on Saturday, 25 May 2019. This one-off donation is made outside of Council’s competitive programs on public interest grounds.

CARRIED


13 GENERAL BUSINESS (Continued) 13.3 ALLOCATION OF FUNDS FROM DIVISION 12 LOCAL PROMOTIONS PROGRAM

2018-19 FOR THE BURLEIGH WINTER SOLSTICE FESTIVAL ON 22 JUNE 2019 FN334/375/20(P1)

Material Personal Interest – Cr PC Young

Pursuant to section 175C(2) of the Local Government Act 2009, I would like to inform the meeting that I have a material personal interest in this matter, the particulars of which are as follows: The name of the person or entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting is:

Cr PC Young

How this person or entity stands to gain the benefit or suffer the loss is:

I own property in James Street Burleigh Heads it could be positively impacted by this

I will now leave the meeting so that the matter may be discussed and voted on in my absence. Cr PC Young left the room RESOLUTION G19.0514.027 moved Cr Vorster seconded Cr Caldwell That Council approve the allocation of $40,000 from Division 12 Local Promotions Program 2018-19 for the provision of resources to stage the Burleigh Winter Solstice Festival to be held on 22 June 2019 in James Street and Connor Street, Burleigh Heads.

CARRIED

Cr PC Young returned to the room


14 OTHER BUSINESS 14.1 INVESTIGATION OF INAPPROPRIATE CONDUCT REFERRALS FROM THE

OFFICE OF THE INDEPENDENT ASSESSOR MS1/1117/2019

Attachments (with complainant details redacted):

i. Office of the Independent Assessor’s (OIA) Referral

ii. Submission to OIA on behalf of Councillor Gates

1 BASIS FOR CONFIDENTIALITY

Not Applicable.

2 EXECUTIVE SUMMARY

Not Applicable.

3 PURPOSE OF REPORT

The purpose of this report is to present the findings and recommendations from the investigation into the alleged inappropriate conduct of Councillor Gates to Council for consideration.

4 PREVIOUS RESOLUTIONS

Not Applicable.

5 DISCUSSION

Chapter 5A of the Local Government Act 2009 (the Act) outlines the process for investigating and dealing with complaints about the conduct of Councillors. In accordance with section 150AE of the Act, Council is required to adopt, by resolution, an Investigation Policy (the policy) about how it deals with the suspected inappropriate conduct of Councillors referred by the Independent Assessor (the Assessor) to Council to be dealt with.

On 13 February 2019 the Assessor referred two complaints it had received regarding the alleged conduct of Councillor Gates to the CEO for investigation on the basis of a reasonable suspicion that Councillor Gates had engaged in inappropriate conduct. The complaints were from two separate complainants in relation to comments allegedly made by Councillor Gates in a media interview she gave on 15 January 2019.

On 26 March 2019, Council adopted the Investigation (Inappropriate Conduct of Councillors) Policy and on the 3 May 2019 the details of the referral were provided allowing for commencement of the investigation by the Mayor.

In future the delay from receipt of referral by the Office of the CEO and commencement of investigation will be far shorter given the policy is now in place.

The Assessor’s referral notice is attached to this report as Attachment I.

Both the Act and the Policy contain specific provisions that the Mayor is required to adhere to in investigating referrals of inappropriate conduct. A brief summary of those provisions, and the steps taken to adhere to them, are listed in the table following:


14 OTHER BUSINESS(Continued) 14.1 INVESTIGATION OF INAPPROPRIATE CONDUCT REFERRALS FROM THE

OFFICE OF THE INDEPENDENT ASSESSOR (Continued) MS1/1117/2019

Head of Power Obligation Steps Taken to Comply

s150AE (1) of the Act

Council must adopt, by resolution, a policy about how it deals with the suspected inappropriate conduct of Councillors referred by the assessor to be dealt with.

On 26 March 2019, Council adopted the Investigation (Inappropriate Conduct of Councillors) Policy.

s150AF (2) of the Act

The investigation must be conducted in a way that is consistent with any recommendation made by the Assessor and Council’s Investigation Policy, to the extent the Policy is not inconsistent with a recommendation of the Assessor.

The Assessor made no recommendations as to how the conduct of Councillor Gates should be dealt with and as such the investigation has been managed in strict accordance with the Policy.

s150AG (1) of the Act

At the conclusion of the investigation Council must decide whether Councillor Gates engaged in inappropriate conduct and, if so, what disciplinary action to take.

Recommendations are included with this report and the relevant supporting information is attached to the report. Council must now decide this matter.

s150DX (1) of the Act

Council must maintain an up-to- date register which includes decisions about suspected inappropriate conduct matters referred to Council.

A recommended resolution is included in this report which will authorise and direct the CEO to ensure Council’s decision in this matter is included on the Councillor Conduct Register.

Section 5 of the Policy

The complainant’s identity must not be included in any report to Council.

The complainant’s identity has not been included in this report nor any attachments to the report but was circulated confidentially to councillors previously.






The investigation of suspected inappropriate conduct must be carried out in accordance with natural justice principles including;

1. The accused councillor must be informed about the case against them including any evidence and the opportunity must be afforded for the Councillor to put their case in writing with the investigation report

2. The accused councillor must be provided the opportunity to make a statement to Council and answer any questions before being required to leave the room prior to Council deliberation on the matter

3. Proper and genuine consideration must be given to each party’s case

1. Councillor Gates’ submission to the OIA has been included with the investigation report and assessed as part of this investigation.

2. Councillor Gates will be given the opportunity to address Council and answer any questions prior to being required to leave the Council Meeting


Before commencing the investigation the Mayor must consider whether the matter is appropriate for early resolution if the parties to the matter agree to explore early resolution.

The view was formed that this matter may have been suitable for early resolution by mediation, a meeting between the parties etc. Accordingly, the Mayor’s Office contacted the complainants to gauge their interest in early resolution. This offer was rejected by the complainants.


Where necessary, the Mayor may use s170A of the Act (acceptable requests guidelines) to seek assistance during the investigation.

s170A of the Act was used to seek assistance via the Acting CEO from various staff in the completion of this investigation.


The investigator (the Mayor) must provide a report to Council at the completion of the investigation outlining the investigation process, the investigation findings, any recommendation about dealing with the conduct and an acquittal of investigation costs

The report and attachments fulfil this requirement.






At the conclusion of the investigation, Council must give notice to the complainants about the outcome.

This report includes a recommended resolution authorising and directing the CEO to ensure that the complainants are advised of the outcome subsequent to Council’s decision.


The Councillor Conduct Register must be updated as per s150DX and s150DY of the Act

This report includes a recommended resolution authorising and directing the CEO to ensure Council’s decision in this matter is included on the Councillor Conduct Register.

5.1 COMPLAINT REFERRALS

This report deals with two complaint referrals from the Office of Independent Assessor (OIA), specifically C-19-00061 and C-19-00052, both being against Councillor Gates. The referrals were made to Council on 13 February 2019 on the basis that the alleged conduct of Councillor Gates raised a reasonable suspicion that Councillor Gates had engaged in inappropriate conduct. The complaints were from two separate complainants in relation to comments made by Councillor Gates in a media interview she gave on 15 January 2019.

In accordance with the requirements of the Local Government Act 2009 and Council’s Investigation (Inappropriate Conduct of Councillors) Policy, an investigation has now been completed into the alleged actions and intent of Councillor Gates.

Section 150AG of the Act requires that Council now determines whether Councillor Gates engaged in inappropriate conduct and, if so, what disciplinary action should be taken.

5.2 ACTUAL COMPLAINTS

A complete transcript of the two complaints is provided below:

Complainant #1 (C-19-00061)

I wish to make a complaint regarding comments made recently by Councillor and Deputy Mayor Donna Gates in relation to findings by the Office of the Independent Assessor regarding the many complaints mainly about teh (sic) handling of the issues around the decision to licence (sic) Black Swan Lake to the Turf Club.

In an online article published by mygc.com.au Councillor Gates says “Most of the complaints have been found to be frivolous. When this is not correct and is trivialising some serious allegations that are being investigated by the CCC QLD. I find this behaviour, comments from a senior member of the Gold Coast City Council alarming and disturbing and displays an amount of disdain for the Office of the Independent Assessor and the CCC QLD. I would be grateful if you could investigate the matter.




Complainant #2 (C-19-00052)

I am writing to complain about comments made by Deputy Mayor Donna Gates. Ms Gates recently made public comments about complaints about the running of the Gold Coast City Counts (sic). She described them as frivolous. This is being dismissive even and demeans the fight made by quite a number of residents to prevent the destruction of natural habitats on the Gold Coast. As Deputy Mayor I believed that she was supposed to support and represent her constituents but by dismissing their claims as frivolous is being devicive (sic) and destructive to the Gold Coast. It further reflects the attitudes many of the Council members have towards what the people of the Coast want. I have been on the Coast all of my 53 years and have never seen such blatant disrespect and destruction of green areas as I have seen by the current council. The appearance of a dictatorship and corruption is obvious. Please, for the betterment of our beautiful city look into this case. Thank you for taking the time to read this.

5.3 RELEVANT FACTS & INFERENCES DRAWN 5.3.1 Introduction A councillor can only be found to have engaged in inappropriate conduct as per s150K of the Local Government Act 2009 if they have contravened a behavioural standard within the Code of Conduct for Councillors in Queensland or a policy, procedure or resolution of Council. Given that the complaints related to statements made by Councillor Gates in response to questions posed by a reporter, there is no suggestion or evidence of a contravention of a Council policy, procedure or resolution of Council. Therefore, Council needs to determine whether Councillor Gates’ use of a particular word (‘frivolous’) in this instance is a contravention of a behavioural standard and if the Code of Conduct is supplanted by higher order legal rights such as the Australian Constitution and the recently passed Human Rights Act. 5.3.2 Advice provided by Council officer It is noted that at the time of the media interview, Councillor Gates was performing Acting Mayor duties. During these periods, Councillor Gates is required to represent her own division and perform the Acting Mayor role with all the additional civic, ceremonial and media responsibilities associated with the role of Mayor. Council’s Senior Media Advisor organised and managed the media interview in question. Evidence was sought as to the purpose, context and conduct of the interview as well as the advice provided to Councillor Gates prior to the interview commencing. The interview was focused on matters related to the Merrimac Waste Transfer Station and specifically the launch of a new disposal facility for green waste. A range of media outlets attended the media opportunity.




It is very common prior to such media interviews for the media present to be asked if other unrelated matters are to be raised. The matter of Council complaints was highlighted by a media outlet. Evidence from Council’s Media Advisor was that the ABC Radio representative advised that they would be asking about ‘the dismissal of complaints by the Office of the Independent Assessor involving the borrow pit and what was the Acting Mayor’s opinion of the high number of dismissals into the matter’. It has been confirmed from Councillor Gates and from the Media Advisor that Councillor Gates was taken aside discretely by the Media Advisor to be briefed on the range of questions being asked in the upcoming interview and was provided with recommended key messages for each. It was further confirmed that the two matters being discussed outside of the purpose of the media call were ‘OIA / Council Complaints’ and ‘MoBike’. Councillor Gates asserts and it is confirmed from the Media Advisor that the verbal briefing Councillor Gates received suggested that Councillor Gates should use the term ‘frivolous’ when describing ‘the high number of complaints dismissed by the OIA’. The Media Advisor also provided audio of the media interview. A transcript of Councillor Gates relevant media interview on 15 January 2019 is provided below.

Councillor: Com… Complaints about… I’ll start again. Most of the complaints have been found to be frivolous regarding the borrow pit. Ah, it’s disturbing though, I think personally in 11 years I’ve never had one formal complaint and in the last few weeks there have been a few so yes it’s disturbing but ah, the Independent Assessor has found most so far to be frivolous.

Thus it can be inferred confidently that Councillor Gates spoke to the media utilising the key messages and specifically using the word ‘frivolous’ on the advice of the responsible media officer. 5.3.3 Definition and intention of using the word ‘frivolous’: While it is noted that the Act contains a specific category for frivolous complaints, section 150X of the Act provides that the Assessor may dismiss a complaint for a range of reasons including that the complaint was found to be frivolous. In referring these matters to Council for investigation the OIA has pointed out that;

Many of these complaints were dismissed or no further action taken on the basis:

i. That they did not constitute inappropriate conduct or misconduct (in so far as the complaints related to environmental concerns or concerns about decisions of Council) and/or

ii. That allegations of alleged corrupt conduct were already the subject of a

CCC investigation which was a matter of public record.




The word ‘frivolous’ has the following meanings as per the Macquarie Dictionary (www.macquariedictionary.com.au):

Frivolous Adjective

a) of little or no weight, worth, or importance; not worthy of serious notice:

i. a frivolous objection.

b) characterised by lack of seriousness or sense: frivolous conduct.

c) given to trifling or levity, as persons. The Oxford Dictionary (www.en.oxforddictionaries.com) defines ‘frivolous’ as:

Frivolous Not having any serious purpose or value. ‘frivolous ribbons and lacy frills’

‘rules to stop frivolous lawsuits’ The Merriam-Webster dictionary (www.merriam-webster.com) defines ‘frivolous’ as:

Frivolous

a) of little weight or importance

She thinks window shopping is a frivolous activity.

b) having no sound basis (as in fact or law)

a frivolous lawsuit Written advice from the City Solicitor obtained as part of this investigation states that “I am of the view that there is a distinction between the ordinary and usual meaning of ‘frivolous’ and its meaning under the LGA (Local Government Act 2009)”. Additionally, the City Solicitor states that “The term ‘frivolous’ is not defined in the LGA. However, it is a term that has been considered by the Courts extensively, and is addressed in a range of guidance documents (both current and historical) published by the Department of Local Government and Multicultural Affairs (DLGRMA) and the Crime and Corruption Commission (CCC), including in the context of the assessment of complaints about public officials. In the context of a ‘frivolous’ court proceeding, it is generally accepted that frivolous means ‘insupportable in law’; ‘disclosing no cause of action’; ‘groundless’, or where there is no arguable case, in fact or law”.




The Council complaints register at the end of January showed that the OIA had dismissed 34 of 37 complaints made in relation to the borrow pit. That is a dismissal rate of 91%. A review of the reasons for dismissal by the OIA includes:

(the complaint) does not identify any inappropriate conduct or misconduct within the meaning of the LGA and as such does not fall within the jurisdiction of the OIA;

(the complaint) does not constitute inappropriate conduct or misconduct

(the complaint) has been or is being dealt with by another entity

Clearly Councillor Gates was utilising the ‘accepted or common’ meaning of frivolous and not the legal meaning of ‘frivolous’ as referred to in the Local Government Act. This was confirmed by Councillor Gates where she stated in a written answer on this issue, that “The use of the word ‘frivolous’…was in the context of the published reasons for dismissal of the complaints by the OIA and having consideration of the normal and understood meaning of the word. For that reason, the use of the word ‘frivolous’ could not amount to a breach of the Code of Conduct for Councillors in Queensland. Councillor Gates went on to state in a written submission to the OIA that she ‘…was expressing concern of not one formal complaint previously being substantiated against her in 11 years as a councillor’. Given it was a media call covering a range of subjects, and that the question was posed by a reporter in a media call setting and not in a legal nor official setting, the context was clearly not legal in nature but used with the ‘common or accepted’ meaning by Councillor Gates and would be accepted as such by the vast majority of public consumers of subsequent media reports. On this element alone the standard seemingly being set, if this complaint was to be upheld, would give rise to the potential need for a lawyer to be present and involved in all media key messages preparation, pre-media call briefings and be present during actual media calls. However, even the practicalities of this approach would be called into question when considering the impossibility of a lawyer ‘baby-sitting’ a Councillor or Mayor during such ‘all-in’ media conferences where a wide range of topics are to be discussed. Similarly, while topics may be foreshadowed by some media outlets before commencement of media calls, the exact questions posed and how the media call evolves cannot be predicted nor prepared for by a lawyer to subsequently brief a Councillor or Mayor on the legally correct language, words or phrases to uses for every situation. A radio station ‘call in’ program would also trigger similar impracticalities in regards to ensuring the legal definition of words being used to answer constituent questions were appropriate for the discussion being had. Public meetings would also naturally fall into this ‘difficulty’ category as well. Such issues will always arise when legislation attempts to limit, curtail, constrain or restrict freedom of speech.




5.3.4 Impact on Councillor ‘freedom of political communication’:

As efficiently detailed on the Australian Government Attorney-General's Department webpage:

The right to freedom of opinion is the right to hold opinions without interference, and cannot be subject to any exception or restriction.

The right to freedom of expression extends to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising. The right is not absolute. It carries with it special responsibilities, and may be restricted on several grounds. For example, restrictions could relate to filtering access to certain internet sites, the urging of violence or the classification of artistic material.

The scope of the inappropriate conduct definition, triggered by the principle-based wording utilised in the Code of Conduct, potentially has the practical effect of interfering with Councillors’ expression of opinions.

A question arises as to whether aspects of the Councillor Code of Conduct and new complaints system are constitutionally invalid because they impermissibly burden the implied freedom of communication about political matters guaranteed under the Commonwealth Constitution.

Australia is a party to seven core international human rights treaties. The right to freedom of opinion and expression is contained in articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR).

The right in article 19(1) to hold opinions without interference cannot be subject to any exception or restriction.

The right in article 19(2) protects freedom of expression in any medium, for example written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising.

The right protects not only favourable information or ideas, but also unpopular ideas including those that may offend or shock (subject to limitations).

Freedom of expression carries with it special responsibilities, and may be restricted on several grounds. For example, the Criminal Code Act 1995 contains offences relating to urging by force or violence the overthrow of the Constitution or the lawful authority of the Government.

The Criminal Code also contains offences relating to the use of a telecommunications carriage service in a way which is intentionally menacing, harassing or offensive, and using a carriage service to communicate content which is menacing, harassing or offensive.

The Racial Discrimination Act 1975 makes it unlawful to do an act reasonably likely to offend, insult, humiliate or intimidate another person or group if the act is done because of the race, colour or national or ethnic origin of the person or group.

Given the transcript of the interview, it is clear that none of these limitations, responsibilities or restrictions are applicable to the statements made by Councillor Gates during her interview of the 15 January 2019. Councillor Gates was expressing her political opinion guided by advice from the relevant Council officer.




Given that Councillor Gates was expressing her political opinion, she should have been afforded the protections that those implied rights of political communication grant to her under the Australian Constitution. For more on these implied rights in the Australian Constitution refer to:

Australia Government Attorney-General’s Department: Right to freedom of opinion and expression www.ag.gov.au Australian Human Rights Commission Freedom of information, opinion and expression www.humanrights.gov.au Wikipedia.org Australian constitutional law: Implied Rights – Freedom of political communication https://en.wikipedia.org/wiki/Australian_constitutional_law

While it is accepted that the implementation of a conduct and complaints framework is consistent with the legitimate end of ensuring the effective operating of local government in accordance with local government principles, it shall be questionable as to whether the law is reasonably appropriate and adopted to advance this end if it, in the process of implementing the Code of Conduct, restricts or limits the political expression of a participant in the political discourse of the day. Given the gravity of the potential for the State Government’s ‘Councillor Code of Conduct’ to be in direct conflict with the Australian Constitution’s implied freedom of political communication, as part of this investigation a request for external barrister’s advice from a specialist in both constitutional law and Local Government related acts in Queensland was requested via the Local Government Association. That advice is yet to be received but will be shared with Councillors upon its receipt.




5.3.5 Queensland Human Rights Act

Further to the constitutional issues regarding freedom of political communications identified in this report, the Human Rights Bill recently passed in Queensland and set to be fully commenced by 1 January 2020, also raises concerns with its incompatibility with the Councillor Code of Conduct and specifically with the Human Rights Act provision that every person has the right to hold an opinion without interference and the right to freedom of expression.

These two complaints are focused on an opinion expressed by the Councillor in question, therefore imposing restriction, limitation or penalty for holding and expressing such an opinion seems to be in conflict with section 21 of the bill: ‘Freedom of expression’. The ‘right’ in the Act goes further to state that:

Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside of Queensland and whether it be orally, in writing, in print, by way of art or in another medium chosen by the person.

While the Act comes in to full effect early next year, it provides clear guidance in this matter before Council. The Code of Conduct element that Councillors shall ‘…treat people in a reasonable, just, respectful and non-discriminatory way’ should not limit the freedom of expression and the Councillor’s basic Human Right as passed by the recent Queensland legislation, that every person has the right to hold an opinion without interference and the right to freedom of expression.

5.3.6 Standard of Behaviour – Councillor Code of Conduct

In the OIA’s referral of these two complaints, the OIA contends that it suspects that the Councillor had engaged in inappropriate conduct for her expressing her opinion when asked by a reporter what the Councillor thought of over 91% of complaints (at that time) not progressing to full investigation and referral.

Specifically the OIA referral letter states that, in the OIA’s opinion, it could

‘reasonably be considered to be a breach of behavioural standard #2: To treat people in a reasonable, just, respectful and non-discriminatory way’.

Examples pulled from the Councillor Code of Conduct were then stated by the OIA to illustrate the point:

2.1. Show respect for fellow Councillors, Council employees and members of the public

2.2. Not bully, harass, intimidate or act in a way that the public would reasonably perceive a Councillor’s behaviour to be derogatory towards other Councillors, Council employees and members of the public

2.3. Be respectful of other people’s rights, views and opinions.

While the three examples provided are behaviours that ‘Councillors will at a minimum’ adhere to, it is difficult the see where the Councillor failed to ‘treat people in a reasonable, just, respectful and non-discriminatory way’ as the overarching behavioural standard #2 sets.




Councillor Gates twice mentioned in her media statement that the high number of complaints was ‘disturbing’ which clearly indicates that Councillor Gates was taking the matters raised and the situation seriously. Looking at each element of behavioural standard #2, Councillor Gates was clearly expressing an opinion about the complaints that had been dismissed or not progressed. Councillor Gates’ opinion did not lack ‘respect for fellow Councillors, Council employees and members of the public’ as it was focused on describing the high number of complaints dismissed and not aimed at the complainants themselves. Councillor Gates’ statement to the media that day shows no evidence of an attempt to ‘bully, harass, intimidate or act in a way that the public would reasonably perceive a Councillor’s behaviour to be derogatory towards other Councillors, Council employees and members of the public’. Councillor Gates’ was clearly ‘respectful of other people’s rights, views and opinions’ as her comments were not expressing any opinion about the rights of the complainants in making complaints in the first instance nor did Councillor Gates specifically mention any particular complainant. While the Councillor Code of Conduct, introduced in the month previous to Councillor Gates’ interview, states those three examples are at the ‘minimum’ expected standard of behaviour, this investigation has shown that all three examples as well as the behavioural standard number #2 itself, have not been breached. Some complaints were not progressed as they were found to be relating to an investigation then being conducted by the CCC. This CCC investigation has since been completed into the borrow pit complaints raised. For more information on the outcome see “No corrupt conduct identified in Black Swan Lake or Waterglow Development decisions - 18 April 2019”: http://www.ccc.qld.gov.au/news-and-media/ccc-media-releases/no-corrupt-conduct-identified-in-black-swan-lake-or-waterglow-development-decisions-18-april-2019 It can be inferred that a significant number of complaints made to the OIA after the introduction of the Councillor Code of Conduct in relation to the borrow pit were, at least in part, sourced from criticism of the decision of Council itself back in November 2016, especially given the outcome of the CCC investigation. Indeed complaint #2 (C-19-00052) mentions the ‘fight made by quite a number of residents to prevent the destruction of natural habitats on the Gold Coast’. Additionally the complaint mentions that ‘I have been on the Coast all of my 53 years and have never seen such blatant disrespect and destruction of green areas as I have seen by the current council’. These complaint elements seem to be focused on unhappiness with the November 2016 Full Council decision made by the majority of the democratically elected community representatives on Council. The lawfully made decision by Council on this project can therefore not be the subject of a valid complaint.




5.3.7 Another word could have been used

In Councillor Gates submission to the OIA it is stated that ‘Notwithstanding our client’s position, our client, on reflection, recognises that perhaps a word other than ‘frivolous’ could have been utilised where the Act gives the power for the assessor to give a person a notice pursuant to s150Z of the Act after dismissing a complaint on the grounds the complaint was frivolous’. This statement was submitted by Councillor Gates as part of a request to have the complaints against her be dismissed. Given referral of these two complaints to the Council, the OIA have declined to accept this element of Councillor Gates’ submission as part of a dismissal of the complaint prior to the referral to Council.

5.4 Summary of conclusions and recommendation

While another word could have been used by Councillor Gates, it is hard to form the view that these complaints of inappropriate conduct can be upheld given:

that Councillor Gates acted in good faith and acted on the advice provided by the Council Officer in the first instance;

that Councillor relied on the common understanding of the word ‘frivolous’ as her intended meaning and not the Local Government Act definition’ of the word;

the conflict between the Code of Conduct for Councillors in Queensland and the Australian Constitution’s implied freedom of political communication, impinging on Councillor freedom of political communication;

the conflict between the Code of Conduct for Councillors in Queensland and the recently passed Human Rights Act 2019, impinging on Councillor freedom of political expression; and

Councillor’ stated opinion during the January 2019 interview did not lack ‘respect for fellow Councillors, Council employees and members of the public’ as required by behavioural standard #2 in the Code of Conduct for Councillors in Queensland.

5.5 Outcome of investigation

The view is formed that the Councillor’ behaviour is not inappropriate conduct and it is concluded that these complaints should not be upheld.

5.6 Early Resolution

As required by the Council’s recently adopted Investigation Policy, ‘early resolution’ was considered, specifically whether this matter is appropriate for resolution prior to investigation.

It was the preliminary view that this could well be a matter for early resolution. That view was in part due to the complainants not being directly referenced by the words used by the councillor during the interview and that the complaint, in effect, had been based on the complainant being offended by Councillor Gates’ choice of words during a media interview.

A letter was written to both complainants to explain the proposed timing of the process of investigation and to offer to explore the potential for early resolution of the matter. The councillor was also written to with a similar offer of potential early resolution to which the councillor accepted.




One complainant refused to explore the potential early resolution option and the second complainant failed to respond by the due date. It should be noted that a copy of the confidential letter to one of the complainants made its way to the public domain via social media, disappointingly. Therefore, early resolution was not pursued. 5.7 Recommendation Having carefully considered the relevant facts of this matter, it is recommended that Councillor Gates has not engaged in inappropriate conduct in this matter. 5.8 Penalties As there were two separate complaints (regarding precisely the same matter) the OIA established two complaint files: C-19-00061 and C-19-00052. The OIA has subsequently confirmed, in writing, that should Council determine that the councillor engaged in inappropriate conduct in this matter, only one formal sanction for inappropriate conduct should be recorded against the councillor. Should Council determine that Councillor Gates has engaged in inappropriate conduct in this matter, a range of penalties may be considered as per Section 150AH of the Act including;

a) order that no action be taken against the councillor; or

b) make 1 or more of the following orders—

i. an order that the councillor make a public admission that the councillor has engaged in inappropriate conduct;

ii. an order reprimanding the councillor for the conduct;

iii. an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense;

iv. an order that the councillor be excluded from a stated local government meeting;

v. an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor;

vi. an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct;

vii. an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s inappropriate conduct.

As it is recommended that the Councillor has not engaged in inappropriate conduct, it is concluded that there is no need for any penalty to apply.




6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN

This report is consistent with the Corporate Plan and ensures that Council manages the City responsibly by implementing a robust management and control environment, supported by key functions including Legal Services; Integrity and Ethics, Corporate Policies; Internal and External Audit and the City’s Audit Committee.

7 FUNDING AND RESOURCING REQUIREMENTS

No specific external costs were incurred in carrying out this investigation. Mayoral investigation assistance by internal Council staff and some minor expenses (e.g. courier, photocopying) for these two investigations is estimated to be approximately $4000.

8 RISK MANAGEMENT

Not Applicable.

9 STATUTORY MATTERS

This report and the associated investigation comply with Council’s legislative obligations, as outlined in this report, to investigate complaints where it is suspected that a councillor may have engaged in inappropriate conduct, determine an outcome and take any disciplinary action deemed appropriate as per Section 150AH of the Act. All statutory and policy requirements in completing this investigation have been met.

10 COUNCIL POLICIES

This report and the associated investigation comply with Council’s Investigation (Inappropriate Conduct of Councillors) Policy.

The investigation could not commence until Council had adopted an Investigation Policy as per the Local Government Act 2009. Council adopted the Investigation (Inappropriate Conduct of Councillors) Policy on 26 March 2019. As per the Policy, all reasonable endeavours have been made to complete the investigation and provide a report to Council within 10 weeks (i.e. by 4 June 2019) of the commencement of the policy.

11 DELEGATIONS

Not Applicable.

12 COORDINATION & CONSULTATION

In accordance with the Policy, this investigation has been overseen and completed by the Mayor. In completing the investigation, assistance was sought in accordance with Section 170A of the Act (Acceptable Requests Guidelines), via the Acting CEO, from the City Solicitor, Manager Office of the CEO, Chief of Staff to the Mayor, Policy advisor to the Mayor, International Relations Administration Officer and the Branch Finance & Secretary to the Mayor. Right to Information (RTI) and Information Privacy (IP) Legislation 2009 The privacy of complainants has been protected as per the Policy.




13 STAKEHOLDER IMPACTS Not Applicable.

14 TIMING

The investigation has been completed within the timelines set out in the Investigation (Inappropriate Conduct of Councillors) Policy from date of adoption of the policy.

15 CONCLUSION

On 13 February 2019, the Independent Assessor referred two complaints that were reasonably suspected to be about Cr Gates engaging in inappropriate conduct. In accordance with the Act and the Policy, an investigation has been conducted into this matter and recommendations made to Council about how the matter should be dealt with made in this report. 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the conduct of Councillor Gates in this matter, in relation to OIA Complaints C-19-

00061 and C-19-00052, is not inappropriate conduct and orders that no action be taken against the councillor.

2 That the CEO undertake all measures necessary in accordance with the Investigation (Inappropriate Conduct of Councillors) Policy to finalise this matter including updating the Councillor Conduct Register and advising the complainants of the outcome of their complaints.

Authored and Authorised by: Mayor Tom Tate Mayor, Council of the City of Gold Coast




Cr Gates left the room Cr McDonald left the room Conflict of Interest – Cr PJ Young


The nature of the interest is: one of the complainants has been an active participant in activities in relation to the black swan lake and I have publicly professed a position contrary to elected councillors decision regarding to the future use of the land.

The name of the person or entity is: A complainant

The nature of the relationship is: Shared interest in a public policy decision



The nature of the other person’s interest in the matter is: One of the complainants has been an active participant in activities in relation to the black swan lake and I have publicly professed a position contrary to elected councils decision regarding to the future use of the land.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason I believe the relation is irrelevant to the matter at hand. PROCEDURAL MOTION moved Cr Tozer seconded Cr Owen-Jones


Cr PJ Young does not have a real or perceived conflict of interest in the matter because the nature of the disclosure is minor and remote.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young did not vote.

Cr Tate abstained.




RESOLUTION G19.0514.028 moved Cr Crichlow seconded Cr Baildon 1 That the conduct of Councillor Gates in this matter, in relation to OIA Complaints

C-19-00061 and C-19-00052, is not inappropriate conduct and orders that no action be taken against the Councillor.

2 That the CEO undertake all measures necessary in accordance with the Investigation (Inappropriate Conduct of Councillors) Policy to finalise this matter including updating the Councillor Conduct Register and advising the complainants of the outcome of their complaints.

CARRIED UNANIMOUSLY

Cr Gates returned to the room

There being no further business, the meeting was declared closed at 7.07pm.


I hereby certify that these pages Numbered 1 to 106 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday, 14 May 2019.

................................................................. MAYOR

minutes council meeting - city of gold coast · 14/05/2019 · 3 mayoral minute 3.1 gold coast...

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