minutes council meeting - city of gold coast | home€¦ · minutes of the seven hundred and ninety...

791

Minutes of the

Council Meeting held

Tuesday 28 July 2020

at

1pm

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

791st Council Meeting 2 28 July 2020 Minutes

INDEX

Minutes (791)

Council Meeting

Tuesday 28 July 2020

Opening Prayer – Mayor Tom Tate

Australian National Anthem

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

2.1 The Mitchell Family Cr Gates

2.2 The Degen Family Cr Gates

2.3 The Laver Family Cr Tozer

2.4 The Doherty Family Cr Caldwell

2.5 The Krischock Family Cr Caldwell

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Seven Hundred and Ninetieth Ordinary Meeting of the Council of the City of Gold Coast, held Thursday 18 June 2020 at 9.30am.

4.2 Budget Adoption Meeting of the Council of the City of Gold Coast held on Monday 22 June 2020 at 9.00am

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 Transport and Infrastructure 16 July 2020

9.2 Lifestyle and Community 16 July 2020

9.3 Water, Waste and Energy 22 July 2020

9.4 Economy, Tourism and Events 22 July 2020

9.5 Planning and Environment 23 July 2020

9.6 Governance and Administration 23 July 2020


ITEM SUBJECT

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

13 GENERAL BUSINESS

13.1 Committee Structure Cr Tate

13.2 Innovation Zone Code Cr Gates

13.3 Council Meeting Time Change Cr Tate

14 OTHER BUSINESS

14.1 2019-20 2nd Interim Audit Report From The Queensland Audit Office (Confidential)

14.2 Staff Matter (Confidential) Mayor & Councillors


ADOPTED AT COUNCIL 25 AUGUST 2020 RESOLUTION G20.0825.008 moved Cr Caldwell seconded Cr Hammel That the Minutes of the Seven Hundred and Ninety First Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 28 July 2020 at 1pm be confirmed.

CARRIED Minutes of the Seven Hundred and Ninety First 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 28 July 2020, at 1pm. The Mayor, Cr T R Tate, opened the meeting in prayer. National Anthem 1 ATTENDANCE Cr T R Tate Mayor Cr M Hammel Cr W M A Owen-Jones Cr D Gates Cr C M Caldwell Cr P J Young Cr B Patterson Cr R Bayldon-Lumsden Cr R La Castra Cr G M Tozer Left the meeting at 6.28pm after Item 9 part 9.5 Cr D 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 Services Mr P Heaton Director Water & Waste Mr G Potter Director Organisational Services Ms A Swain Director Economy, Planning & Environment Ms C Watt City Solicitor 1.1 LEAVE OF ABSENCE / APOLOGIES Nil


2 CONDOLENCES Cr Gates, Cr PJ Young, Cr Owen-Jones, Cr Hammel To The Mitchell Family On the passing of Bruce Mitchell RESOLUTION G20.0728.001 moved Cr Gates seconded Cr PJ Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr Gates, Cr Hammel, Cr PC Young. Cr O’Neill, Cr Vorster

To The Degen Family

On the passing of Craig and Del McEwan

RESOLUTION G20.0728.002 moved Cr Gates seconded Cr Caldwell

That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Tozer, Cr PJ Young, Cr Vorster, Cr McDonald, Cr Owen-Jones, Cr Gates, Cr La Castra To The Laver Family On the passing of Margaret Marion Laver RESOLUTION G20.0728.003 moved Cr Tozer seconded Cr McDonald That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Caldwell, Cr O’Neill, Cr Gates, Cr PC Young To The Doherty Family On the passing of Michelle Doherty RESOLUTION G20.0728.004 moved Cr Caldwell seconded Cr PC Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED


2 CONDOLENCES (Continued) Cr Caldwell To The Krischock Family On the passing of Anne Elizabeth Krischock RESOLUTION G20.0728.005 moved Cr Caldwell seconded Cr PC Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED 3 MAYORAL MINUTE Nil 4 CONFIRMATION OF MINUTES RESOLUTION G20.0728.006 moved Cr Caldwell seconded Cr Vorster That the Minutes of the Seven Hundred and Ordinary Meeting of the Council of the City of Gold Coast held on Thursday 18 June 2020 at 9.30am be confirmed.

CARRIED RESOLUTION G20.0728.007 moved Cr Tate seconded Cr Vorster That the Minutes of Budget Adoption Meeting of the Council of the City of Gold Coast held on Monday 22 June 2020 at 9am be confirmed.

CARRIED UNANIMOUSLY


5 MAYOR’S REPORT 5.1 RECENT VISITS AND SPEECHES


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

Launch of Hydrofoil Tours

This is Gold Coast’s have-a-go spirit at it’s best

New offerings in the tourism market are key to our rebuild

I congratulate the guys behind this venture – Josh and Paul – because they started this venture back in February but were quickly locked-down by COVID-19.

And here they are now - this is the great news story we all needed right now.

I’m sure these guys will become a great Gold Coast success story.



Roundtable with Opposition Leader and MPs

It was a pleasure to welcome the Leader of the Opposition, Deb Frecklington MP to the Gold Coast alongside Ann Leahy MP, Shadow Minister for Local Government.

Together with local Shadow Ministers, we discussed a range of issues facing the Gold Coast.



Promotion of City's "Foaming" Asphalt Technology

Cr McDonald attended down at Palm Beach.

The City of Gold Coast is trialling a new road recycling technology which halves the greenhouse gas emissions normally produced during conventional asphalting.

Foamed asphalt is new technology which recycles 100% of the existing road to create a more superior pavement.

The technology offered significant environmental and economic benefits.

The entire recycling and resurfacing process takes place on the spot, removing the need to dig up and dispose of existing road material.

This results in a shorter construction time and requires fewer heavy vehicles which minimises disruption to road users.

This process contributes to a 50% reduction in greenhouse gas emissions when compared to conventional asphalting methods and also results in a 30-50% saving for ratepayers.

The recycling process using foamed bitumen occurs simultaneously when breaking down the existing road material.

The recycled material is transferred down the construction train from the conveyer to the paver, where a secondary mixing takes places to enhance uniformity of the material.

Finally, the paver lays the mix in an efficient manner, eliminating the need of a grader machine.

In this process, the properties of the existing material are altered to create a technically superior pavement, which has the ability to be recycled again.



Tour of Jewel Development

I took the opportunity to tour the near-completed Jewel project.

It shows regardless of the pandemic, the Gold Coast is still showing that having-a-go spirit and bringing to fruition what will be regarded as one of the world’s iconic buildings.

A project this size has faced various hurdles which have been surpassed.

Having it open for summer will be good and another celebration of the ambition.

It will be here forever and it will be like the Q1 or the Sydney Opera House by becoming one of the postcard pictures of the Gold Coast.


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

Promotion of City's Electric Vehicles and Solar Installations

The City has introduced 6 fully electric vehicles to the Council fleet in an effort to reduce its carbon footprint.

The vehicles form part of the City’s Energy Management Program which helped see Council’s solar network more than double over the last year.

Our new electric vehicles have zero petrol or diesel fuel costs, emit zero greenhouse gas emissions and require less ongoing maintenance than regular cars.

The vehicles use regenerative braking technology to slow down, which results in less vehicle wear and tear and reduced maintenance costs.

To maximise the environmental benefits of the electric vehicles, charging stations have been installed in a number of our solar-powered Council buildings.

The City is also working towards potentially trialling publicly accessible electric vehicle charging points across the Gold Coast later this year.

We continue to investigate small and large scale energy efficient opportunities as we strive to meet emission reduction targets and power the city with renewable energy.

The City’s solar network spans 47 sites across the Gold Coast and saves ratepayers $1 million per year in energy costs.

The electric vehicle driving range is at least 300km on a full charge, which takes 6 hours to complete.

Passenger vehicles with petrol or diesel engines make up 75 per cent of Australia’s vehicles on the road, which contributes to significant greenhouse gas emissions.



Roundtable #2 with the Premier and Gold Coast Business Leaders

The Premier called for a second Rountable meeting with Minister Kate Jones and business leaders here at Chambers.

We appreciated the Premier and Minister coming to listen to Gold Coasters on how COVID continues to affect all of us and the way ahead.

I thank the Premier for working with me to ensure we keep Gold Coasters safe while supporting businesses and jobs.



Superyacht Announcement

The addition of a superyacht berth perfectly complements our region’s natural allure as an international tourism destination.

The facility at Southport Yacht Club will have the capacity to handle superyachts as large as 162 metres, or multiple smaller vessels.

The Gold Coast is now the number one superyacht destination in the country and the economic value this delivers is significant.

This project alone will create 30 jobs during construction.

The council was more than happy to also further support the project with an additional $400,000 in funding to add to our previous $2 million commitment.

I thank the State Government for for supporting the development of what will be Australia’s largest superyacht berthing facility.



Official Re-Opening of Movie World

The reopening of the theme parks means that 5,000 staff are back at work.

The return of tourists to our city doesn't just directly support the tourism businesses, but also so many other businesses who benefit from this economic activity.

This means more jobs for locals.



Launch Active and Healthy Program for 2020/21

I launched the release of the new Active & Healthy program with a visit to a group fitness class in the Botanic Gardens.

The City’s new Active and Healthy program has nearly 200 free or low cost activities available across the Gold Coast each week.

One of the activities in this program is “Walk and Talk for Wellness” which is an initiative developed by the Bachelor of Counselling team at Griffith University. The service offers walk and talk sessions with trained facilitators from the counselling program in the School of Applied Psychology.

When Covid-19 restrictions were put in place, our team worked hard to implement a range of free online courses to help keep the community moving from their living rooms.

I’m pleased to announce that these online courses will be continuing year-round, so you can keep active from the comfort of your own home.

Helping one another to stay positive and physically active is as important as ever, so by expanding our Active and Healthy program we hope to help Gold Coasters become stronger, healthier and happier.

The program features a school holidays section with activities available for the whole family including rock climbing, fishing and ninja warrior courses.

Pimpama, Parkwood, Ashmore and Kirra are all new suburbs which have been added to the Active and Healthy schedule.

To find an activity near you visit: cityofgoldcoast.com.au/ICAN.



Official Ribbon Cutting and Opening of The Boat Works Expansion

Deputy Mayor, Cr Gates and Cr Owen-Jones attended.

It was great to share in the celebrations at the Boatworks, following on from Sanctuary Cove Marina’s $12 million redevelopment and the February opening of The Boat Works $100 million upgraded Superyacht yard at the Marine Precinct.

Congratulations to Tony Longhurst and his team - providing 1000 jobs for locals during these diffciult times.



Construction Update of Miami Aquatic Centre

Cr Pauline Young attended.

The $18 million redevelopment of the Miami Aquatic Centre is on track, and I joined with swimming champion Giaan Rooney to inspect works at the facility together.

The shell of the new 50 metre Olympic pool is nearing completion, the new learn to swim pool is complete, and the new administration building and car park are under construction.

Miami is the city’s second most popular pool, attracting over 350,000 patrons each year, but the centre has remained largely unchanged since it was built in the 1970s.

This redevelopment will create a more contemporary facility which will continue to serve all ages in the community as well as, we hope, breed future champions like Giaan.

The project employed 700 workers. The 50 metre pool required 420 cubic metres of concrete and will hold 2,371,000 litres of water, which will take five days to fill.



AFL Hub

Council’s contribution to support the AFL Hub on the Gold Coast was $125,000.

The AFL have advised that their direct spend on the Gold Coast is $25 million for acommodation alone.

4 of the hotels the AFL teams are using were closed prior to the teams relocating here. Otherwise they would have remained empty.

There are currently 1,000 people a night accommodated here, this will grow to 1,500 in the next 2 weeks.

Channel 7 also have 30-40 production crew in quarantine here.

As anticipated the hub has created great social media coverage for the city.

A recent post featuring West Coast and Fremantle players surfing here has had over 478,000 views.

Channel 7 played the video during a Friday night prime-time broadcast with an audience of over 1 million.

The hub has created a number of other high profile promotional opportunities with the AFL, to be announced in coming weeks.

Our initial investment has dramatically been exceeded from our original commitments.



RESOLUTION G20.0728.008 moved Cr Tate seconded Cr Gates That the Mayor’s Report be welcomed and noted.

CARRIED UNANIMOUSLY


6 CLARIFICATION - MEMBERS Cr Vorster – In an article in the Gold Coast Bulletin today (28 July 2020) a story quoted me as using the word unanimous. That word should be omitted in regards to the minutes of the Planning Meeting that were subsequently circulated to Councillors. 7 BUSINESS ARISING FROM MINUTES Nil 8 PRESENTATIONS Nil


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 16 July 2020. RESOLUTION G20.0728.009 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting held on Thursday 16 July 2020, covered by Recommendations numbered TI20.0716.001 to TI20.0716.007, be received.

CARRIED ITEM 4 2020-21 LOCAL AREA WORKS PROGRAM – ADDITIONS

FN334/375/02/08(P1) RESOLUTION G20.0728.010 moved Cr Gates seconded Cr PC Young

That in lieu of Committee Recommendation TI20.0716.004 the matter be withdrawn.

CARRIED ITEM 6 GOLD COAST DIVE ATTRACTION UPDATE REPORT

PD330/46/02/01(P1) RESOLUTION G20.0728.011 moved Cr Vorster seconded Cr PJ Young

That Committee Recommendation TI20.0716.006 be adopted with the addition of part 3 such that it reads in its entirety as follows:- 1 That Council notes the update report for the Gold Coast Dive Attraction project.

2 That the next update report be brought back to Council following design completion.

3 That during negotiations with the Department of Natural Resources, Mines and Energy,

Council indicates its strong preference that the term lease grant Council or its authorised delegated operator exclusive rights to manage bookings and collect fees for diver access.

CARRIED UNANIMOUSLY

ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE REPORT RESOLUTION G20.0728.012 moved Cr PC Young seconded Cr PJ Young That the Report of the Transport and Infrastructure Committee Meeting of Thursday 16 July 2020, covered by Recommendations numbered TI20.0716.001 to TI20.0716.007, be adopted with the exception of Recommendation Numbers TI20.0716.004 and TI20.0716.006 which were specifically resolved.

CARRIED


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 16 July 2020. RESOLUTION G20.0728.013 moved Cr Vorster seconded Cr Bayldon-Lumsden That the Report of the Lifestyle and Community Committee Meeting held on Thursday 16 July 2020, covered by Recommendations numbered LC20.0716.001 to LC20.0716.009, be received.

CARRIED ITEM 4 PIZZEY PARK MASTERPLAN 2020-2035

PN134051/16

Conflict of Interest- Cr Gates:-

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: Receipt of electoral donations from Place Design

The name of the person or entity is: Place Design

The nature of the relationship is: Donor

The value and date of the gifts are: $1410 15 August 2011 $1850 23 October 2014 $1850 10 November 2016 refunded in full

The nature of the other person’s interest in the matter is: Consultant to applicant

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 in accordance with written advice from the Electoral Commission Qld dated 27 September 2018 whereby this consultant has been engaged to provide professional services and is not the applicant.

PROCEDURAL MOTION moved Cr Vorster seconded Cr PC Young

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

Cr Gates does not have a real or perceived conflict of interest in the matter.

CARRIED

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


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 5 COMMEMORATIVE PLANTINGS INVOLVING SYMBOLIC LONE PINE TREES

CS433/408/09(P1) RESOLUTION G20.0728.014 moved Cr Vorster seconded Cr Caldwell

That Committee Recommendation LC20.0716.005 be adopted as printed which reads as follows:- 1 That Council notes the report.

2 That Council offer the Lone Pine or an alternative option for symbolic commemorative planting.

A division was called. For 13 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr Bayldon-Lumsden,

Cr La Castra, Cr Tozer, Cr Taylor, Cr Vorster, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

Against 1 Cr Patterson Abstained 1 Cr PJ Young Absent 0 Did Not Vote 0

CARRIED ITEM 6 CITY RESPONSES TO HOMELESSNESS

CS431/319/04 REPORT CONFIDENTIAL

RESOLUTION G20.0728.015 moved Cr Vorster seconded Cr O’Neill

That in lieu of Committee Recommendation LC20.0716.006, the Officer’s Recommendation be adopted such that it reads in its entirety as follows:- 1 That the report 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 supports the development of a Homelessness Action Plan and Homelessness Protocol to be drafted and brought back for Council consideration.

3 That non recurrent funding of $45,000 be allocated to CS4050 Safe and Liveable Communities for the development of the above Homelessness Action Plan and Homelessness Protocol.

4 That Council supports the trial of two (2) new temporary FTE equivalent officers to assist in responding to homelessness by increasing the City’s presence primarily in the precincts of Labrador, Southport, Surfers Paradise, Broadbeach, Burleigh, Coolangatta and any other areas as required.

5 That non-recurrent funding of $191,960 be provided in the 2020-21 September budget review (CS4050 Safe and Liveable Communities) for the above two (2) temporary FTE officers.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 7 SAFETY CAMERA (CCTV) NETWORK PROGRAM UPDATE

CS431/310/10 REPORT CONFIDENTIAL

RESOLUTION G20.0728.016 moved Cr Vorster seconded Cr Owen-Jones

That Committee Recommendation LC20.0716.007 be not adopted but in lieu thereof 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 endorses the Gold Coast Safety Camera Network Program Standard with Attachment A amended as per Committee.

3 That the Office of the Information Commissioner be consulted with regards to a review of SCN information privacy protocols and procedures.

4 That the purchase of new relocatable camera units is placed on hold for a 12-month period while the development of a future mobile program management model and unit technical specifications is determined. The existing mobile fleet and those that were funded through 2020-21 budget will continue to be used to address safety concerns during this time.

5 That subject to the State Government acting on the advice of the Police Union and Council to strengthen hooning laws, a dedicated mobile camera unit for hooning operations be trialled in partnership with the Queensland Police Service, utilising specialised technology in key hot spots, to enhance operational outcomes.

6 That a CCTV capital works program be presented to Council for consideration as part of the annual budget deliberations.

7 That mobile camera unit locations are reviewed bi-annually, with two rotations per year if required. Urgent requests for CCTV, in consultation with Queensland Police Service (Liaison Officer – Safety Camera Network Operational Agreement), are actioned immediately as per the SCN Camera Feasibility and Needs Assessment Procedure.

8 That Mobile camera units funded by Local Area Works prior to 2020-21 will be deployed in the new Council boundaries in consultation with those Councillors.

9 That the Mayor write to the Prime Minister requesting future rounds of the Safer Communities Fund prioritise CCTV cameras for deployment in suburban areas to assist police to address crime and safety issues.

10 That the Mayor write to the Premier and Opposition Leader highlighting the significant reliance of state agencies on the City’s camera fleet and to seek a commitment towards additional capital and operational funding.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 8 PROPOSAL TO RENAME PARK AT 109 NEWPORT DRIVE, ROBINA

PN161523/16 (P1) REPORT CONFIDENTIAL Conflict of Interest – Cr Vorster


The nature of the interest is: The subject of the report was a close personal friend.

The name of the person or entity is: Mr Allan Howard (deceased)

The nature of the relationship is: Personal

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: Proposed that a park be named to recognise his community contribution.

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 it is remote.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Gates


Cr Vorster does not have a real or perceived conflict of interest in the matter.

CARRIED

In accordance with Section 175E(4) of the Local Government Act 2009, Cr Vorster did not vote. ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE REPORT RESOLUTION G20.0728.017 moved Cr Vorster seconded Cr Bayldon-Lumsden That the Report of the Lifestyle and Community Committee Meeting of Thursday 16 July 2020, covered by Recommendations numbered LC20.0716.001 to LC20.0716.009, be adopted with the exception of:- Recommendation Numbers LC20.0716.005

LC20.0716.006 and LC20.0716.007 which were specifically resolved.

CARRIED

Cr Vorster and Cr Gates voted in the positive


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 WATER, WASTE AND ENERGY Cr O'Neill, Chairperson of the Water, Waste and Energy Committee, presented the Report of the Meeting of the Water, Waste and Energy Committee held on Wednesday 22 July 2020. RESOLUTION G20.0728.018 moved Cr O’Neill seconded Cr Hammel That the Report of the Water, Waste and Energy Committee Meeting held on Wednesday 22 July 2020, covered by Recommendations numbered WWE20.0722.001 to WWE20.0722.007 be received.

CARRIED ITEM 3 WATER AND SEWERAGE SERVICES FINANCIAL PERFORMANCE AS AT

31 MAY 2020 FN334/252/20(P6)

Conflict of Interest – Cr Owen-Jones


The nature of the interest is: Receipt of Donation

The name of the person or entity is: Rayjon Properties


The value and date of the donations are: $10,000 October 2011

The nature of the other person’s interest in the matter is: The donor is mentioned on Page 33 of the confidential attachment. 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 meeting. Conflict of Interest – Cr Gates



The name of the person or entity is: Rayjon Properties


The value and date of the donations are: $2500 18 September 2015 $2500 4 October 2016

The nature of the other person’s interest in the matter is: The donor is mentioned on Page 33 of the confidential attachment.

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


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 WATER, WASTE AND ENERGY (Continued) ITEM 3 WATER AND SEWERAGE SERVICES FINANCIAL PERFORMANCE AS AT

31 MAY 2020 FN334/252/20(P6) (Continued)

Conflict of Interest – Cr Vorster


The nature of the interest is: The report notes that a community title scheme in which my parents own an apartment has been granted a concealed leakage remission

The name of the person or entity is: Hermann and Anna Vorster

The nature of the relationship is: Parents

The value of the gift is: $7550

The date of receipt of the gift is: 18 September 2015, 1 March 2016, 7 March 2016

The nature of the other person’s interest in the matter is: Owners of an apartment in a community title scheme that has been granted a concealed leakage remission.

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 remission was granted by city officers under delegation as per policy without my knowledge. And that there is no nexus between city officers’ application of the policy and my familial relationship or my parents support of my 2016 election campaign.

PROCEDURAL MOTION moved Cr O’Neill seconded Cr PJ Young


Cr Vorster does not have a real or perceived conflict of interest in the matter because he has no greater personal interest in the matter than that of other persons in the local government area.

CARRIED

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

Cr Owen-Jones and Cr Gates were absent for discussion and voting on this matter.

RESOLUTION G20.0728.019 moved Cr Tozer seconded Cr PJ Young

That Committee Recommendation WWE20.0722.003 be adopted as printed which reads as follows:- 1 That Attachment 2 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 notes the Water and Sewerage Services Monthly Financial Report for the period ended 31 May 2020.

CARRIED Cr Vorster voted in the positive.

Cr Owen-Jones and Cr Gates were absent for discussion and voting on this matter.

Cr Owen-Jones and Cr Gates returned to the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 WATER, WASTE AND ENERGY (Continued) ADOPTION OF THE WATER, WASTE AND ENERGY COMMITTEE REPORT RESOLUTION G20.0728.020 moved Cr O’Neill seconded Cr Hammel That the Report of the Water, Waste and Energy Committee Meeting of Wednesday 22 July 2020, covered by Recommendations numbered WWE20.0722.001 to WWE20.0722.007, be adopted with the exception of Recommendation Number WWE20.0722.003 which was specifically resolved.

CARRIED Meeting adjourned at 2.28pm. Meeting reconvened at 2.45pm.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS Cr La Castra, Chairperson of the Economy, Tourism and Events Committee, presented the Report of the Meeting of the Economy, Tourism and Events Committee held on Wednesday 22 July 2020. RESOLUTION G20.0728.021 moved Cr La Castra seconded Cr PC Young That the Report of the Economy, Tourism and Events Committee Meeting held on Wednesday 22 July 2020, covered by Recommendations numbered ETE20.0722.001 to ETE20.0722.005 be received.

CARRIED

ITEM 2 FILM ATTRACTION PROGRAM FUNDING REQUEST PD330/275/01/LD(P7) REPORT CONFIDENTIAL

Conflict of Interest – Cr La Castra


The nature of the interest is: I was a consultant for the Executive Producer of the television series on a different television project, who is not the applicant to this request.

The name of the person or entity is: Kris Maric (OZPIX ENTERTAINMENT)

The nature of the relationship is: Script Consultant and Songwriter for a different television project the OZPIX ENTERTAINMENT has in development.


The date of receipt of the gift is: N/A

The nature of the other person’s interest in the matter is: Kris Maric is an Executive Producer of the TV series that is the subject of the application for funding under the Film Attraction Program.

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

Cr La Castra left the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued)

ITEM 2 FILM ATTRACTION PROGRAM FUNDING REQUEST PD330/275/01/LD(P7) (Continued) REPORT CONFIDENTIAL

MOTION moved Cr Tozer seconded Cr Bayldon-Lumsden That in lieu of the Committee Recommendation, the Officer’s Recommendation be adopted which reads in its entirety as follows:

1 That the report 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 a one-off exception be applied to amend the guidelines for the Film Attraction Program to allow the application by Sundayarvo Productions to be eligible for funding consideration under this Program.

3 That Council approve an investment of $100,000 (ex GST) to the applicant Sundayarvo Productions for the production of the television series Stage Mums Series 2 with funds to be provided from cost centre 1006418 - Investment Attraction.

4 That the investment is subject to Stage Mums Series 2 being fully financed as evidenced by the submission of a final confirmed finance plan for the project.

5 The investment is subject to Council and Sundayarvo Productions entering into a formal agreement on terms satisfactory to the Chief Executive Officer.

6 The Chief Executive Officer or Delegate be authorised to negotiate and execute the Agreement detailing a comprehensive list of benefits and deliverables.

7 That the Film and Television Adviser return to Council with a report proposing a specific program to support Gold Coast generated screen production in order to manage future funding requests and budget allocation for Gold Coast projects.

8 That support of this event is an exercise of Council’s Beneficial Enterprise Powers.

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Bayldon-Lumsden

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

2 Film Attraction Program Funding Request Prejudicial Matter

CARRIED

PROCEDURAL MOTION moved Cr Tozer seconded Cr Owen-Jones

That the Council move into Open Session.

CARRIED

Following resumption into Open Session Item 2, was moved and carried as shown on the following pages.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 2 FILM ATTRACTION PROGRAM FUNDING REQUEST

PD330/275/01/LD(P7) (Continued) REPORT CONFIDENTIAL

The MOTION was put to the meeting. A division was called. For 2 Cr Tozer, Cr McDonald Against 12 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr PJ Young,

Cr Patterson, Cr Bayldon-Lumsden, Cr Taylor, Cr Vorster, Cr PC Young, Cr O’Neill, Cr Tate

Abstained 0 Absent 1 Cr La Castra Did Not Vote 0 The MOTION was LOST. RESOLUTION G20.0728.022 moved Cr Hammel seconded Cr Caldwell

That Committee Recommendation ETE20.0722.002 be adopted as printed which reads as follows:-


2 That a one-off exception be applied to amend the guidelines for the Film Attraction Program to allow the application by Sundayarvo Productions to be eligible for funding consideration under this Program.

3 That Council approve an investment of $50,000 (ex GST) to the applicant Sundayarvo Productions for the production of the television series Stage Mums Series 2 with funds to be provided from cost centre 1006418 - Investment Attraction.

4 That the investment is subject to Stage Mums Series 2 being fully financed as evidenced by the submission of a final confirmed finance plan for the project.

5 The investment is subject to Council and Sundayarvo Productions entering into a formal agreement on terms satisfactory to the Chief Executive Officer.

6 The Chief Executive Officer or Delegate be authorised to negotiate and execute the Agreement detailing a comprehensive list of benefits and deliverables.

7 That the Film and Television Adviser return to Council with a report proposing a specific program to support Gold Coast generated screen production in order to manage future funding requests and budget allocation for Gold Coast projects.

8 That support of this event is an exercise of Council’s Beneficial Enterprise Powers.

CARRIED UNANIMOUSLY

Cr La Castra was absent during voting and discussion on this matter. Cr La Castra returned to the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 5 PLACEMAKERS’ GOLD COAST LTD - 2020 BLEACH* FESTIVAL PROGRAM

CS105/102/-(P11) Conflict of Interest – Cr Gates



The name of the person or entity is: Hickey Management

The nature of the relationship is: Mr Tony Hickey is on the Board of Placemakers’ Gold Coast

The value and date of the gift is: $2,500 10 October 2016

The nature of the other person’s interest in the matter is: Placemakers’ Gold Coast is applying for funding through the Budget process. I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence.

Cr Gates left the room.

RESOLUTION G20.0728.023 moved Cr Patterson seconded Cr Caldwell

That Committee Recommendation ETE20.0722.005 be adopted with the addition of part 4 such that it reads in its entirety as follows:-

1 That attachment A 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 Placemakers’ 2020-21 programming outlined in Attachment A.

3 That Council empowers the Chief Executive Officer to do all things necessary to give effect to Council’s decision to adjust the funding being provided to Placemakers’ Gold Coast Ltd pursuant to resolution G20.0618.030, including signing a deed of variation with Placemakers’ Gold Coast Ltd on terms satisfactory to the Chief Executive Officer.

4 That the Chief Executive Officer bring back to Council a report addressing event content outside of the Bleach* Festival program.

CARRIED

Cr Gates was absent during voting and discussion on this matter. Gates returned to the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 3 INTERNATIONAL SPORTING EVENT

PD330/720/08/LD REPORT CONFIDENTIAL



The nature of the interest is: Major Events GOLD Coast the GC600 event is referred to in the report, for which I have received hospitality.

The name of the person or entity is: Major Events Gold Coast /Supercars

The nature of the relationship is: Receipt of hospitality

The value of the gift is: Unknown

The date of receipt of the gift is: 22 October 2017

The nature of the other person’s interest in the matter is: Supercars has provided me 2 tickets to their VIP lounge.

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 Supercars is only mentioned in passing and not the subject of the report.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Tozer


Cr Vorster does not have a real or perceived conflict of interest in the matter because there is no nexus between the interest and the item being discussed.

CARRIED

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


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 3 INTERNATIONAL SPORTING EVENT

PD330/720/08/LD (Continued) REPORT CONFIDENTIAL

Conflict of Interest – Cr McDonald


The nature of the interest is: Receipt of tickets

The name of the person or entity is: Supercars GC600

The nature of the relationship is: Provision of tickets

The value of the gift is: Unknown

The date of receipt of the gift is: 2014, 2016 & 2017

The nature of the other person’s interest in the matter is: Supercars is mentioned in the report

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.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Hammel


Cr McDonald does not have a real or perceived conflict of interest in the matter because there is no nexus between the interest and the item being discussed.

CARRIED

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

RESOLUTION G20.0728.024 moved Cr Tozer seconded Cr PC Young

That Committee Recommendation ETE20.0722.003 be adopted as printed which reads as follows:-


2 That Council approve funding of $300,000 to host the 2020 International Swimming League event on the Gold Coast through the Cost Centre 1006418 - Investment Attraction.

3 The Chief Executive Officer or his delegate be authorised to negotiate and execute the Agreement with TLA Worldwide to host the 2020 International Swimming League event.

CARRIED UNANIMOUSLY

Cr Vorster and Cr McDonald voted in the positive.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 4 INVESTMENT ATTRACTION PROGRAM FUNDING REQUEST

PD330/275/01(P10) REPORT CONFIDENTIAL



The nature of the interest is: My wife is employed by Bond University

The name of the person or entity is: Bond University

The nature of the relationship is: Wife is employed by Bond University


The date of receipt of the gift is: 3 March to 20 March 2020

The nature of the other person’s interest in the matter is: Wife is employed by Bond University which is a member of Study Gold Coast, a noted stakeholder in the report.

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 and there was no proposed benefit.

Cr Gates left the room

PROCEDURAL MOTION moved Cr Caldwell seconded Cr PC Young


Cr Vorster does not have a real or perceived conflict of interest in the matter.

CARRIED

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

Cr Gates was absent during discussion and voting on this matter.

RESOLUTION G20.0728.025 moved Cr La Castra seconded Cr Tozer

That Committee Recommendation ETE20.0722.004 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 approves the allocation of up to $171,500 from the Investment Attraction Program to the company identified in the report from Council’s Economic Development &Tourism budget centre PE5370O001, CC1006418 subject to and conditional upon the company entering into a Funding Agreement on terms satisfactory to the Chief Executive Officer.

CARRIED Cr Vorster voted in the positive. Cr Gates was absent during discussion and voting on this matter.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ECONOMY, TOURISM AND EVENTS (Continued) ADOPTION OF THE ECONOMY, TOURISM AND EVENTS COMMITTEE REPORT RESOLUTION G20.0728.026 moved Cr La Castra seconded Cr PC Young That the Report of the Economy, Tourism and Events Committee Meeting of Wednesday 22 July 2020, covered by Recommendations numbered ETE20.0722.001 to ETE20.0722.005, be adopted with the exception of:- Recommendation Numbers ETE20.0722.002

ETE20.0722.003 ETE20.0722.004 and ETE20.0722.005 which were specifically resolved.

CARRIED UNANIMOUSLY

Cr Gates was absent during discussion and voting on this matter. Cr Gates returned to the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 PLANNING AND ENVIRONMENT Cr Caldwell, Chairperson of the Planning and Environment Committee, presented the Report of the Meeting of the Planning and Environment Committee held on Thursday 23 July 2020. RESOLUTION G20.0728.027 moved Cr Caldwell seconded Cr Owen-Jones That the Report of the Planning and Environment Committee Meeting held on Thursday 23 July 2020 covered by Recommendations numbered PE20.0723.001 to PE20.0723.020 be received.

CARRIED

ITEM 1 REPORT ON APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MULTIPLE DWELLINGS (44 UNITS), FOOD AND DRINK OUTLET AND SHOP AT 402 MARINE PARADE, BIGGERA WATERS – DIVISION 4 MCU/2018/1150



The nature of the interest is: the subject site is a 1.7km drive (860 meters line of sight) from a property for which my parents have a contract to purchase but has yet to settle

The name of the person or entity is: Hermann and Anna Vorster



The date of receipt of the gift is: 18 September 2015, 1 March 2016, 7 March 2016

The nature of the other person’s interest in the matter is: Have an as-yet unsettled contract to purchase a property in the general locality of the subject site


Cr Vorster left the room

Cr McDonald and Cr Patterson left the room at 4.03pm

RESOLUTION G20.0728.028 moved Cr Caldwell seconded Cr Owen-Jones

That Committee Recommendation PE20.0723.001 be adopted as printed in the Planning and Environment Committee meeting report.

CARRIED

Cr McDonald, Cr Patterson and Cr Vorster were absent for discussion and voting on this matter.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 PLANNING AND ENVIRONMENT (Continued)

ITEM 2 REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MULTIPLE DWELLING (12 UNITS) AT 30 AND 32 MILTON AVENUE, PARADISE POINT – DIVISION 4 MCU/2019/502

Conflict of Interest – Cr Caldwell


The nature of the interest is: Receipt of hospitality

The name of the person or entity is: Urbis



The date of receipt of the gift is: Polo By The Sea 2018 and 2019

The nature of the other person’s interest in the matter is: Urbis is consultant to the project

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 Gates seconded Cr PC Young


Cr Caldwell does not have a real or perceived conflict of interest in the matter because he attended the event as part of his duty as a Councillor.

CARRIED

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

Cr Vorster, Cr McDonald and Cr Patterson were absent during discussion and voting on this matter.

Cr Vorster, Cr McDonald and Cr Patterson returned to the room

RESOLUTION G20.0728.029 moved Cr Caldwell seconded Cr PC Young


CARRIED Cr Caldwell voted in the positive.



ITEM 3 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR RETIREMENT FACILITY (73 INDEPENDENT LIVING UNITS), SHOP AND HEALTH CARE SERVICES (CONSULTING ROOMS) AT 59A, 61-63 GOLDEN FOUR DRIVE, BILINGA – DIVISION 14 MCU/2019/388



The nature of the interest is: Receipt of hospitality

The name of the person or entity is: Urbis



The date of receipt of the gift is: Polo By The Sea 2018 and 2019

The nature of the other person’s interest in the matter is: Urbis is the consultant on the project


PROCEDURAL MOTION moved Cr PC Young seconded Cr O’Neill


Cr Caldwell does not have a real or perceived conflict of interest in the matter because of the time that has elapsed since the donation was made and that they are a consultant for the project.

CARRIED

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



ITEM 3 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR RETIREMENT FACILITY (73 INDEPENDENT LIVING UNITS), SHOP AND HEALTH CARE SERVICES (CONSULTING ROOMS) AT 59A, 61-63 GOLDEN FOUR DRIVE, BILINGA – DIVISION 14 MCU/2019/388 (Continued)

Conflict of Interest – Cr Gates


The nature of the interest is: receipt of donation

The name of the person or entity is: RPS

The nature of the relationship is: donor


The date of receipt of the gift is: 12 August 2011

The nature of the other person’s interest in the matter is: consultant to the project

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 because the small donation was made nine years ago, the nett amount was significantly less than the donated amount, and the entity is a consultant to the project and not the owner or applicant.

PROCEDURAL MOTION moved Cr PJ Young seconded Cr PC Young


Cr Gates does not have a real or perceived conflict of interest in the matter because of the time that has elapsed since the donation was made and that they are a consultant for the project.

CARRIED

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

RESOLUTION G20.0728.030 moved Cr O’Neill seconded Cr Caldwell


CARRIED

Cr Gates and Cr Caldwell voted in the positive.



ITEM 4 REPORT ON APPLICATION FOR A DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (IMPACT ASSESSMENT) TO SUBDIVIDE ONE (1) LOT INTO TWO (2) LOTS AT 135 COUNTRY CRESCENT, NERANG – DIVISION 5 ROL/2019/100



CARRIED

Cr PJ Young requested that his vote in the negative be recorded.

ITEM 5 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE

(IMPACT ASSESSMENT) FOR A RETIREMENT FACILITY AT 25 LAKE ORR DRIVE AND ROAD RESERVE ADJACENT TO THE SOUTH OF 25 LAKE ORR DRIVE, ROBINA – DIVISION 11 MCU/2020/21



The nature of the interest is: Was an employee of Forgan Smith Architects

The name of the person or entity is: Forgan Smith Architects

The nature of the relationship is: I was employed at FSA from 1990-1996



The nature of the other person’s interest in the matter is: FSA are consultant architects to the project

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 length of time that has lapsed.

PROCEDURAL MOTION moved Cr Hammel seconded Cr PC Young


Cr Gates does not have a real or perceived conflict of interest in the matter because of the time that has elapsed since her employment with the business.

CARRIED

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



ITEM 5 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A RETIREMENT FACILITY AT 25 LAKE ORR DRIVE AND ROAD RESERVE ADJACENT TO THE SOUTH OF 25 LAKE ORR DRIVE, ROBINA – DIVISION 11 MCU/2020/21 (Continued)



The nature of the interest is: My wife is employed by Bond University


The nature of the relationship is: Wife is employed by Bond



The nature of the other person’s interest in the matter is: Wife is employed by Bond University with is an adjacent land owner and submitted an objection to the application.

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 Hammel seconded Cr Caldwell


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

CARRIED





Conflict of Interest:- Cr Owen-Jones

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 perceived conflict of interest the particulars of which are as follows:

The name of the person or entity is: Geyer Town Planning

The nature of the relationship is: A Director of Zone Planning was a Director of Geyer Town Planning who contributed to my 2016 campaign.

The value of the gift or benefit is: $900

The date of the gift: 23 August 2015

The nature of the other person’s interest in the matter is: David Geyer, formerly of Geyer Town Planning, is a Director of Zone Planning, a consultant to this application.

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 city has received further legal advice in regards to perceived conflict of interest. Given the value of the donation and the context it was given and the fact that I do not have a personal relationship with David Geyer I intend to remain in the room.



Cr Owen-Jones does not have a real or perceived conflict of interest in the matter because of the value of the donation, the context it was given and that no personal relationship exists.

CARRIED





Conflict of Interest – Cr Tate


The nature of the interest is: Previous commercial relationship with David Ransom in his capacity as a director of a planning company. He has now moved from the original company to Zone Planning Group

The name of the person or entity is: Zone Planning Group

The nature of the relationship is: Consultant



The nature of the other person’s interest in the matter is: Zone Planning Group is the consultant to the applicant.

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 development approval has now lapsed, paid fair market price for services and have not engaged David Ransom in other planning matters since, and have no personal relationship with David Ransom.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr La Castra


Cr Tate does not have a real or perceived conflict of interest in the matter because of the information provided.

CARRIED


Cr Tate left the room at 4.44pm during discussion on the matter and Cr Gates took the Chair.

Cr Tate returned to the room at 4.57pm and resumed the Chair.




RESOLUTION G20.0728.032 moved Cr Vorster seconded Cr Hammel

That Committee Recommendation PE20.0723.005 be adopted as printed which reads as follows:-

That Council refuses the issue of a Development permit for Material change of use (Impact assessment) for a Retirement facility at 25 Lake Orr Drive and road reserve adjacent to the south of 25 Lake Orr Drive, Robina, for the following reasons:

1 That the proposed development does not meet Assessment Benchmark 3 of the applicable State Planning Policy by creating an intolerable risk to people and property including:

i on site to potentially vulnerable people;

ii to emergency workers during times of flood and disaster; and

iii to park users and their vehicles ‘induced’ into the precinct by the proposed park embellishments.

2 That, due to the lack of flood immune access, the proposed development does not meet Assessment Benchmark 4 of the applicable State Planning Policy as a disaster management response would, for example, be hindered from accessing potentially vulnerable people.

3 That the proposed development does not meet Assessment Benchmark 5 of the applicable State Planning Policy by directly increasing the potential for private property damage on the site and to the proposed adjacent embellishments during times of flood and disaster.

4 That the proposed development does not meet all tests of Specific outcome 3.4.4.1(5) – Mixed use centre and specialist centre design and operation element of the Strategic Framework as the balcony protrusions do not benefit from a mapped building height overlay and is otherwise limited to 2 storeys (and 14 metres) not 17 storeys as proposed.

5 That the proposed development does not meet Transport and movement – Performance Outcome PO10 of the Innovation Zone code (Bond University) as there is no public connection to Bond University or Varsity Central and, so, cannot support high quality active transport linkages including to southwest of the University.

6 That the proposed development does not meet Performance outcome PO5 of the Flood overlay code by:

i putting at risk property in car parking levels and at the proposed park; and

ii risking the safety of a potentially vulnerable group who have no flood immune egress from the subject site.




7 That the proposed development does not meet Acceptable outcome AO5(e) of the Flood

overlay code by placing an additional burden on Council’s resources or emergency services.

8 That the proposed development does not meet Performance outcome PO11 of the Flood overlay code by failing to provide sufficient access or egress to the site during a range of floods including up to and including the designated flood.

A division was called. For 13 Cr Hammel, Cr Owen-Jones, Cr Caldwell, Cr Patterson, Cr Bayldon-Lumsden,

Cr La Castra, Cr Tozer, Cr Taylor, Cr Vorster, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

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

CARRIED

Cr Tate, Cr Owen-Jones and Cr Vorster voted in the positive.

Cr Gates voted in the negative.



ITEM 6 REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR DWELLING HOUSE (PARTIAL THIRD STOREY) AT 65 REGATTA PARADE, SOUTHPORT - DIVISION 6 MCU/2020/40



The nature of the interest is: Receipt of donation

The name of the person or entity is: UPS

The nature of the relationship is: Donor to electoral campaign

The value and date of donations: $1850 2 September 2014 $1850 7 September 2015 $1850 9 September 2016 refunded in full

The nature of the other person’s interest in the matter is: Planning Consultant to project

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 UPS is a professional consultant to the project not the applicant.

Cr Taylor left the room

PROCEDURAL MOTION moved Cr PC Young seconded Cr Caldwell


Cr Gates does have a real or perceived conflict of interest in the matter because of reason stated above.

CARRIED

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

Cr Taylor was absent for discussion and voting on this matter.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr PJ Young

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

Cr Gates may participate in the meeting and vote on the matter because of the time that has elapsed since the donations were made and the donation was from a consultant to the project.

CARRIED


Cr Taylor was absent for discussion and voting on this matter.



ITEM 6 REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR DWELLING HOUSE (PARTIAL THIRD STOREY) AT 65 REGATTA PARADE, SOUTHPORT - DIVISION 6 MCU/2020/40 (Continued)



The nature of the interest is: I once obtained professional advice under standard commercial terms from UPS Pty Ltd but that it did not eventuate as an application.


The nature of the relationship is: I once used UPS in professional capacity for planning advice a number of years ago that did not eventuate into an application.

The value of the gift is: N/A


The nature of the other person’s interest in the matter is: UPS are the professional consulting firm being utilised by the applicant on a planning application before 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 the nature of the relationship is remote and there is no nexus of a conflict.

Cr Taylor returned to the room.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Owen-Jones


Cr Tate does not have a real or perceived conflict of interest in the matter for the reason outlined in the declaration and as there has been no change in details since the interest was last made.

CARRIED






That Committee Recommendation PE20.0723.006 be adopted as printed in the Planning and Environment Committee meeting report with an amended Condition 2, an additional Condition 3 and deletion of Advice Note E which read as follows: Amended drawing condition to replace current ‘Approved drawings’:

2 Amended drawings

Prepare and submit amendments to the drawings for confirmation they constitute the approved drawings for the purposes of this development approval. All amended drawings must be submitted (and confirmed by Council) prior to commencement of any works on site.

Drawing Title Author Date Drawing No. Ver

Site Plan Bayden Goddard Design 02.06.2020 DA-00-01 C

Perspective Intent Bayden Goddard Design 03.04.2020 DA-00-11 B

Perspective Intent Bayden Goddard Design 03.04.2020 DA-00-12 B

Ground Floor Plan Bayden Goddard Design 02.06.2020 DA-10-01 C

First Floor Plan Bayden Goddard Design 02.06.2020 DA-10-02 C

Second Floor Plan Bayden Goddard Design 02.06.2020 DA-10-03 C

Roof Plan Bayden Goddard Design 02.06.2020 DA-10-04 C

Dimensioned Floor Plans

Bayden Goddard Design 02.06.2020 DA-10-11 C

Elevations Bayden Goddard Design 03.04.2020 DA-20-01 B

Elevations Bayden Goddard Design 03.04.2020 DA-20-02 B

Selected Finishes Bayden Goddard Design 03.04.2020 DA-20-11 A

The following amendments must be included:

a The louvre privacy screens to the south side of the ground floor private open space terrace (outside the rec. room) and first floor balcony must be permanently fixed in an open position. Annotate the drawings accordingly to confirm this outcome.

b The design of the chimneys must be amended to reflect a design which does not burn wood (i.e.: must be gas or similar). Annotate the drawings accordingly to confirm this outcome.




Additional condition to be inserted under ‘General’ in the condition suite:

3 Chimney design

Installation of the Domestic solid fuel burning appliance is to be by gas or similar which does not burn wood. The Domestic solid fuel burning appliance must be installed and certified by an authorised person in accordance with Australian Standard AS/NZS (4013:2014).

Removal of the following Advice note:

E Chimney installation

The chimneys are to be constructed in accordance with the Australian Standards AS/NZS (4013:2014) in order to reduce any smoke nuisances from their use.

CARRIED

Cr Tate and Cr Gates voted in the positive

ITEM 7 REPORT ON DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CARETAKER’S ACCOMMODATION AND CHILD CARE CENTRE AT 91, 93, 95 AND 113 CURRUMBURRA ROAD AND 4 TULLA PLACE, ASHMORE – DIVISION 6 MCU/2017/1857

RESOLUTION G20.0728.034 moved Cr Caldwell seconded Cr Tozer


CARRIED



ITEM 8 REPORT ON APPLICATION FOR A DEVELOPMENT PERMIT (IMPACT

ASSESSMENT) FOR RESIDENTIAL CARE FACILITY AT 80-98 BAYVIEW STREET, RUNAWAY BAY – DIVISION 4 MCU/2019/509






The value and date of donations: $1850 2 September 2014 $1850 7 September 2015 $1850 9 September 2016 refunded in full

The nature of the other person’s interest in the matter is: Planning Consultant to project

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 because UPS is a professional consultant to the project, is not the owner or applicant and the nett income was significantly less than the amount donated.

PROCEDURAL MOTION moved Cr PC Young seconded Cr PJ Young


Cr Gates has a real or perceived conflict of interest in this matter because of the reasons described in her declaration above.

CARRIED

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

PROCEDURAL MOTION moved Cr PJ Young seconded Cr PC Young


Cr Gates may participate in the meeting and vote on the matter because of the time that has elapsed.

CARRIED




ITEM 8 REPORT ON APPLICATION FOR A DEVELOPMENT PERMIT (IMPACT ASSESSMENT) FOR RESIDENTIAL CARE FACILITY AT 80-98 BAYVIEW STREET, RUNAWAY BAY – DIVISION 4 MCU/2019/509 (Continued)




The name of the person or entity is: Arcadis


The value and date of donations: $1850 26 October 2015 $2500 5 October 2016 refunded in full

The nature of the other person’s interest in the matter is: Arcadis is the consultant and not the applicant to the project.

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 because Arcadis is a professional consultant to the project, is not the owner or applicant and the nett income was significantly less than the amount donated.

PROCEDURAL MOTION moved Cr PC Young seconded Cr Tozer


Cr Gates has a real or perceived conflict of interest in this matter because of the reasons mentioned in the declaration.

CARRIED


PROCEDURAL MOTION moved Cr PC Young seconded Cr PJ Young


Cr Gates may participate in the meeting and vote on the matter because of the time that has elapsed.

CARRIED








The name of the person or entity is: Mitchell Bray


The value and date of donations: $1950 24 September 2014

The nature of the other person’s interest in the matter is: Mr Bray is now employed by Arcadis, the flood engineering, sewer and water consultant to the project.

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 because Mr Bray is employed by a consultant to the project, is not the owner or applicant and the nett income was significantly less than the amount donated.

PROCEDURAL MOTION moved Cr PC Young seconded Cr O’Neill


Cr Gates does not have a real or perceived conflict of interest in this matter because of the length of time from the donation.

CARRIED




The nature of the interest is: My parents reside in the TriCare Independent Living campus immediately to the north of the subject property and donated to my 2020 election campaign.

The name of the person or entity is: Warwick and Therese Caldwell



The date of receipt of the gift is: 12 April 2020

The nature of the other person’s interest in the matter is: My parents reside in the TriCare Independent Living campus immediately to the north of the subject property and donated to my 2020 election campaign.


Cr Caldwell left the room.






The nature of the interest is: I once obtained professional advice under standard commercial terms from UPS Pty Ltd but that it did not eventuate as an application.


The nature of the relationship is: I once used UPS in professional capacity for planning advice a number of years ago that did not eventuate into an application.

The value of the gift is: N/A


The nature of the other person’s interest in the matter is: UPS are the professional consulting firm being utilised by the applicant on a planning application before 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 the nature of the relationship is remote and there is no nexus of a conflict.

PROCEDURAL MOTION moved Cr Tozer seconded Cr Owen-Jones


Cr Tate does not have a real or perceived conflict of interest in the matter as there has been no change in details since the interest was last made.

CARRIED


Cr Caldwell was absent during discussion and voting on this matter.




RESOLUTION G20.0728.035 moved Cr Owen-Jones seconded Cr Hammel


That Council refuses the issue of a Development permit for a Material change of use for Residential care facility (154 beds) (Impact assessment), on the following grounds:

1 The proposed building height is contrary to the planning intent for the site, in particular:

i The development is non-compliant with the Strategic framework Specific outcome 3.3.2.1(10); and

ii The development does not achieve Overall outcome 6.2.2.2 (2)(d)(i) of the Medium density residential zone code.

2 The relevant matters presented by the applicant do not demonstrate a planning need for the proposed height at the subject site.

3 The identified non-compliances with City Plan cannot be conditioned to achieve compliance as there will be no certainty with respect to provision of adequate communal facilities for the development.

CARRIED

Cr Gates and Cr Tate voted in the positive.

Cr Caldwell was absent during discussion and voting on this matter. Cr Caldwell returned to the room.



ITEM 9 REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR

MULTIPLE DWELLINGS AND RESORT COMPLEX AT 48-58 THE ESPLANADE AND 5 FIRST AVENUE, BURLEIGH HEADS – DIVISION 13 MCU/2019/390

Conflict of Interest:- Cr Owen-Jones

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 perceived conflict of interest the particulars of which are as follows:

The name of the person or entity is: Geyer Town Planning

The nature of the relationship is: A Director of Zone Planning was a Director of Geyer Town Planning who contributed to my 2016 campaign.

The value of the gift or benefit is: $900

The date of the gift: 23 August 2015

The nature of the other person’s interest in the matter is: David Geyer, formerly of Geyer Town Planning, is a Director of Zone Planning, a consultant to this application.

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 city has received further legal advice in regards to perceived conflict of interest. Given the value of the donation and the context it was given and the fact that I do not have a personal relationship with David Geyer I intend to remain in the room.

PROCEDURAL MOTION moved Cr Hammel seconded Cr O’Neill


Cr Owen-Jones does not have a real or perceived conflict of interest in the matter because of the value of the donation, the context it was given and that no personal relationship exists.

CARRIED

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




MULTIPLE DWELLINGS AND RESORT COMPLEX AT 48-58 THE ESPLANADE AND 5 FIRST AVENUE, BURLEIGH HEADS – DIVISION 13 MCU/2019/390 (Continued)




The name of the person or entity is: RPS



The date of receipt of the gift is: 12 August 2011

The nature of the other person’s interest in the matter is: RPS is the Economist to the project.

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 because the small donation was made nine years ago, the nett amount was significantly less than the donated amount, and the entity is a consultant to the project and not the owner or applicant.

PROCEDURAL MOTION moved Cr Hammel seconded Cr O’Neill


Cr Gates does not have a real or perceived conflict of interest in this matter because of the time that has elapsed.

CARRIED





MULTIPLE DWELLINGS AND RESORT COMPLEX AT 48-58 THE ESPLANADE AND 5 FIRST AVENUE, BURLEIGH HEADS – DIVISION 13 MCU/2019/390 (Continued)

Conflict of Interest – Cr PC Young


The nature of the interest is: Brother was the agent involved in the sale of the property

The name of the person or entity is: Adam Young

The nature of the relationship is: Brother



The nature of the other person’s interest in the matter is: Brother was the selling agent

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 my brothers interest in the property ceased in December 2019.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr O’Neill


Cr PC Young does not have a real or perceived conflict of interest in this matter because of the reasons stated above.

CARRIED




ITEM 9 REPORT ON DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR MULTIPLE DWELLINGS AND RESORT COMPLEX AT 48-58 THE ESPLANADE AND 5 FIRST AVENUE, BURLEIGH HEADS – DIVISION 13 MCU/2019/390 (Continued)



The nature of the interest is: Previous commercial relationship with David Ransom in his capacity as a director of a planning company. He has now moved from the original company to Zone Planning Group

The name of the person or entity is: Zone Planning Group

The nature of the relationship is: Consultant



The nature of the other person’s interest in the matter is: Zone Planning Group is the consultant to the applicant.

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 development approval has now lapsed, paid fair market price for services and have not engaged David Ransom in other planning matters since, and have no personal relationship with David Ransom.

PROCEDURAL MOTION moved Cr Tozer seconded Cr La Castra


Cr Tate does not have a real or perceived conflict of interest in the matter because of the information provided.

CARRIED


RESOLUTION G20.0728.036 moved Cr PC Young seconded Cr Caldwell


A division was called. For 10 Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr Bayldon-Lumsden, Cr La Castra,

Cr Tozer, Cr Vorster, Cr PC Young, Cr O’Neill, Cr Tate Against 5 Cr PJ Young, Cr Patterson, Cr Taylor, Cr McDonald, Cr Hammel Abstained 0 Absent 0 Did Not Vote 0

CARRIED Cr Tate, Cr Gates, Cr Owen-Jones, Cr PC Young voted in the positive.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) Meeting adjourned at 6.28pm.

Cr Tozer left at 6.28pm, did not return to the meeting and was absent for discussion and voting on items from page 62 onwards.

Meeting reconvened at 6.49pm.

9.5 PLANNING AND ENVIRONMENT (Continued)

ITEM 10 UPDATE ON PROPOSED PARTNERSHIP IN LGAQ PROJECT - ‘TRANSLATING ADAPTATION RESEARCH TO LOCAL ACTION’

RESOLUTION G20.0728.037 moved Cr PJ Young seconded Cr Vorster


That Council note that the City’s potential participation in the ‘Translating adaptation research into local action’ project has been placed on indefinite hold, in response to a reprioritisation of State Government funding.

CARRIED ITEM 12 GENERAL POLICY REFINEMENTS (TRANCHE 1) – FOR INCLUSION IN CITY PLAN

MAJOR UPDATE 5 (PLANNING OUR DIVERSE CITY) PD98/1132/04/57(P1)

RESOLUTION G20.0728.038 moved Cr Owen-Jones seconded Cr Gates

That Committee Recommendation PE20.0723.012 be adopted as printed with a change to part 3 such that it reads in its entirety as follows:-

1 The changes set out in Item 1 contained in this report be included as part of the scope for Planning our Diverse City (Major update 5) amendment package and the Chief Executive Officer be authorised to make any administrative or consequential modifications to these items.

2 The changes set out in Item 2a contained in this report be included as part of the scope for the next Minor and Administrative amendment and the Chief Executive Officer be authorised to make any administrative or consequential modifications to these items.

3 For Item 3 in attachment B, provisions in the City Plan are amended to state Childcare Centres and Service Stations are not established on abutting sites or within the same site. The changes be included as part of the scope for Planning our Diverse City (Major update 5) amendment package and the Chief Executive Officer be authorised to make any administrative or consequential modifications to these items.

4 That Attachment B be noted as extrinsic material to support the plan making process.

5 That the final drafting of the proposed changes set out in Item 1 be brought back to Council for endorsement prior to submitting the Planning our Diverse City (Major update 5) amendment package for State interest review.

6 That items 2b, 4, 5 and 6 contained in this report are removed from the Improve Our City Plan register and City officers inform the original submitter of the improvement suggestion about how their suggestion was addressed.

CARRIED



ITEM 18 QUEENSLAND STATE GOVERNMENT PLANNING INITIATIVES TO SUPPORT ECONOMIC RECOVERY CONSULTATION – COGC DRAFT RESPONSE PD113/1045/01/01(P1)

RESOLUTION G20.0728.039 moved Cr Caldwell seconded Cr Vorster

That Committee Recommendation PE20.0723.018 be not adopted but in lieu thereof reads as follows:-

1 That the Mayor write to the Treasurer and Minister for Infrastructure and Planning and cc the Shadow Minister including the letter and attachment titled ‘Planning Initiatives to Support Economy Recovery COVID-19 – City of Gold Coast Council Office Comments July 2020’ sent to Councillors from the Director of Economy Planning and Environment on 24 July 2020;

2 That the above correspondence includes the following additional inclusions:

a Comment number 001 – to the extent where there is a conflict the city plan prevails,

b Comment number 002 – it is also requested that the state investigate if a sunset clause is able to be included for any potential land uses under this arrangement,

c Comment number 005 – further information is requested in relation to clarifying the proposed hours of operation to 10pm, specifically in relation to the impacts on noise sensitive receptors such as residential development, retirement living and childcare centres. Will application specific criteria be implemented?

d Comment number 011 – council has concerns with this proposal in relation to building works being proposed in residential areas and these works not being required to gain a planning approval,

e Comment number -012 – council has concerns with this proposal in relation to building works being proposed in residential areas and these works not being required to gain a planning approval,

f Comment number 019 – suggestion included that a written notice of development should be posted to all properties within a 400 metre catchment (from the site boundary) using the geocoded national address file as a reference. This could also include just those properties with the subject SA1.

CARRIED UNANIMOUSLY



ADOPTION OF PLANNING AND ENVIRONMENT COMMITTEE REPORT RESOLUTION G20.0728.040 moved Cr Caldwell seconded Cr PJ Young That the Report of the Planning and Environment Committee Meeting held on Thursday 23 July 2020, covered by Recommendations numbered PE20.0723.001 to PE20.0723.020, be adopted with the exception of:- Recommendation Numbers PE20.0723.001

PE20.0723.002 PE20.0723.003 PE20.0723.004 PE20.0723.005 PE20.0723.006 PE20.0723.007 PE20.0723.008 PE20.0723.009 PE20.0723.010 PE20.0723.012 and PE20.0723.018 which were specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE AND ADMINISTRATION Cr Owen-Jones, Chairperson of the Governance and Administration Committee, presented the Report of the Meeting of the Governance and Administration Committee held on Thursday 23 July 2020. RESOLUTION G20.0728.041 moved Cr Owen-Jones seconded Cr PC Young That the Report of the Governance and Administration Committee Meeting held on Thursday 23 July 2020 covered by Recommendations numbered GA20.0723.001 to GA20.0723.006 be received.

CARRIED ITEM 2 CONTRACT NO. LG314/254/16/062 – INSPECTION AND MAINTENANCE OF WATER

SENSITIVE URBAN DESIGN ASSETS URBAN LAKES AND VEGETATED OPEN DRAINS LG314/254/16/062 (P1)

Conflict of Interest – Cr PJ Young


The nature of the interest is: I am an honorary life member of Gecko

The name of the person or entity is: SEQ Sustainable Eco Enterprises Pty Ltd t/a Regen Australia

The nature of the relationship is: Honorary life member



The nature of the other person’s interest in the matter is: Gecko is a shareholder of SEQ Sustainable ECO Resources

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 I do not participate in any meeting conducted by Gecko nor am I a beneficiary of this business enterprise.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Caldwell


Cr PJ Young does not have a real or perceived conflict of interest in the matter.

CARRIED

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


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 5 CONTROLLED ENTITIES POLICY

LG426/1364(P1) Conflict of Interest – Cr Gates


The nature of the interest is: Receipt of electoral donation from Ramsay Health trading as John Flynn Hospital

The name of the person or entity is: Ramsay Health


The date and value of the gift is: $780 30 October 2014 $2500 12 November 2015 $2500 28 October 2016 refunded 30 December 2019

The nature of the other person’s interest in the matter is: Ex-CEO of John Flynn Hospital is a board member of Major Events Gold Coast.


PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Caldwell


Cr Gates does not have a real or perceived conflict of interest in the matter because the person has provided donations in 2014 & 2015 and is now on the board of Major Events Gold Coast, and also because of the time that has elapsed between the donations and today’s consideration of the Controlled Entities Policy.

CARRIED




LG426/1364(P1) (Continued)



The nature of the interest is: Cross Promotions – Received donations

The name of the person or entity is: Cross Promotions


The date and value of the gift is: $2500 30 September 2014 $2500 3 September 2015

The nature of the other person’s interest in the matter is that Jackie Cross is a member of the Board of Directors of Major Events Gold Coast


PROCEDURAL MOTION moved Cr Hammel seconded Cr Owen-Jones


Cr Gates does not have a real or perceived conflict of interest in the matter because the person has provided donations in 2014 & 2015 and is now on the board of Major Events Gold Coast, and also because of the time that has elapsed between the donations and today’s consideration of the Controlled Entities Policy.

CARRIED


Cr PJ Young did not vote.



LG426/1364(P1) (Continued) Conflict of Interest – Cr Gates





The value of the gift is: $2,500 10 October 2016

The nature of the other person’s interest in the matter is: Placemakers’ Gold Coast was mentioned in the controlled entity presentation.

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 due to the time elapsed since receiving the donations.

PROCEDURAL MOTION moved Cr Vorster seconded Cr Caldwell


Cr Gates does not have a real or perceived conflict of interest in the matter because we are discussing the Controlled Entities Policy and Placemakers’ is not a Controlled Entity.

CARRIED





LG426/1364(P1) (Continued) Conflict of Interest – Cr Gates


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 was mentioned in the controlled entity presentation

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.



Cr Gates does not have a real or perceived conflict of interest in the matter because we are discussing a Controlled Entities Policy presentation and there is no nexus between the above person and the discussion we are having today.

CARRIED




9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 6 PROPOSED AMENDMENT OF LOCAL AREA WORKS & SERVICES PROGRAM

POLICY, COMMUNITY GRANTS POLICY AND EVENT ASSISTANCE & MANAGEMENT POLICY / PROPOSED INTRODUCTION OF DISCRETIONARY FUNDS POLICY FN296/73(P12)






The value of the gift is: $2,500 10 October 2016

The nature of the other person’s interest in the matter is: Placemakers’ Gold Coast was mentioned in part 9 of the recommendation.


Cr Gates left the room.

RESOLUTION G20.0728.042 moved Cr Owen-Jones seconded Cr PC Young

That Committee Recommendation GA20.0723.006 be adopted with the deletion of condition 9 such that it reads in its entirety as follows:- 1 That the Discretionary Funds Policy as detailed at document number 76604742 be

adopted;

2 That the Community Grants Policy as detailed at document number 75653459 be adopted with the following changes:

a Councillor Panel to read as follows “The Councillor panel is comprised of the Mayor (or the Mayor’s Representative) and the Chair of the Governance and Administration Committee” on Page 124,

b Evaluation panel add the following sentence “one of the three Council employees to be from the Office of the Mayor” on Page 125;

3 That the Local Area Works Policy (formerly Local Area Works and Services Program Policy) as detailed at document number 52051314 be adopted with the addition of “and park tables” under the description for Local Area Works Function 1001499: Parks and Reserves on Page 118;

4 That the Council Events and Program Policy (formerly Event Assistance and Management Policy) as detailed at document number 75869880 be adopted with the addition of a definition for a ticketed event as follows:

a A ticketed event is where a fee is charged;


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 6 PROPOSED AMENDMENT OF LOCAL AREA WORKS & SERVICES PROGRAM

POLICY, COMMUNITY GRANTS POLICY AND EVENT ASSISTANCE & MANAGEMENT POLICY / PROPOSED INTRODUCTION OF DISCRETIONARY FUNDS POLICY FN296/73(P12) (Continued)

5 That the policies and/or amendments referred to in Items 1, 2, 3, and 4 above come into

effect at the date of their adoption by Council;

6 Council revoke delegation numbers 1801 and 1951;

7 Council retain delegation numbers 2074 and 02110;

8 Council delegates to the Chief Executive Officer the power to:

a approve requests for Emergency and Extraordinary Grants from community organisations under the Emergency and Extraordinary Grants Program (Community Grants Policy) provided they meet the eligibility criteria contained in the Community Grants Policy,

b pay allocations of Discretionary Grants up to the value of $10,000 per project and provided they are allocated in accordance with Council’s Community Grants Policy and its Discretionary Funds Policy,

c determine requests for Council events and programs (including requests from the Mayor and Councillors) in accordance with the Council Event and Program Policy, with individual Council event or program expenditure in excess of $20,000 subject to Council approval,

d determine applications for community event grants in accordance with the Community Grants Policy up to the value of $20,000, with individual community event grants in excess of $20,000 subject to Council approval,

e determine applications for community facility grants in accordance with the Community Grants Policy up to the value of $20,000, with individual community facility grants in excess of $20,000 subject to Council approval.

CARRIED UNANIMOUSLY

Cr Gates was absent for discussion and voting on this matter. Cr Gates returned to the room ADOPTION OF GOVERNANCE AND ADMINISTRATION COMMITTEE REPORT RESOLUTION G20.0728.043 moved Cr Owen-Jones seconded Cr Patterson That the Report of the Governance and Administration Committee Meeting held on Thursday 23 July 2020, covered by Recommendations numbered GA20.0723.001 to GA20.0723.006, be adopted with the exception of Recommendation Number GA20.0723.006 which was specifically resolved.

CARRIED UNANIMOUSLY

Cr PJ Young and Cr Gates voted in the positive.


10 CONSIDERATION OF NOTICES OF MOTION Nil 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE Nil 12 PRESENTATION OF PETITIONS Nil 13 GENERAL BUSINESS 13.1 COMMITTEE STRUCTURE

LG115/-/- RESOLUTION G20.0728.044 moved Cr Tate seconded Cr Gates 1 That Cr Hermann Vorster take on the responsibility of Council’s observer on the Board of

Gold Coast Tourism Corporation Ltd with Cr Bob La Castra to be the alternate observer should Cr Vorster be unavailable;

2 That Cr Pauline Young take the place of Mayor Tom Tate as a formal member of the Audit and Risk Committee;

3 That Cr Glenn Tozer take the place of Cr Pauline Young as Deputy Chairperson on the Economy, Tourism and Events Committee.

CARRIED UNANIMOUSLY


13 GENERAL BUSINESS (Continued) 13.2 INNOVATION ZONE CODE

PD98/1132/14/23(P2) Conflict of Interest – Cr Vorster


The nature of the interest is: my wife is employed by Bond University


The nature of the relationship is: Wife is employed by Bond



The nature of the other person’s interest in the matter is: Wife is employed by Bond University which is mentioned in the motion and may be affected by potential planning changes.


Cr Vorster left the room

RESOLUTION G20.0728.045 moved Cr Gates seconded Cr Caldwell That a review of the Innovation Zone Code under the City Plan be undertaken, particularly having regard to table 5.5.17: MCU Innovation Zone (including the Bond University Precinct), having specific regard to the levels of assessment for land uses.

CARRIED UNANIMOUSLY Cr Vorster was absent during discussion and voting on this matter. Cr Vorster returned to the room. 13.3 COUNCIL MEETING TIME CHANGE

LG115/-/- RESOLUTION G20.0728.046 moved Cr Tate seconded Cr La Castra That future ordinary Council Meetings commence at 10am.

CARRIED UNANIMOUSLY


14 OTHER BUSINESS 14.1 2019-20 2ND INTERIM AUDIT REPORT FROM THE QUEENSLAND AUDIT OFFICE

FN342/341/20(P1)

Pages 74-77 are CONFIDENTIAL


14 OTHER BUSINESS (Continued)

14.1 2019-20 2ND INTERIM AUDIT REPORT FROM THE QUEENSLAND AUDIT OFFICE FN342/341/20(P1) (Continued)

RESOLUTION G20.0728.047 moved Cr Tate seconded Cr PJ Young

1 That the report/attachment be deemed a confidential document and be treated as such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That Council notes the Mayor’s tabling of the 2019-20 second interim audit report from the Auditor-General of Queensland dated 22 June 2020.

CARRIED



14.1 2019-20 2ND INTERIM AUDIT REPORT FROM THE QUEENSLAND AUDIT OFFICE FN342/341/20(P1) (Continued)

Pages 79-92 are CONFIDENTIAL


14.2 STAFF MATTER

Pages 93-101



14.2 STAFF MATTER

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Tate seconded Cr Gates 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

14.2 Staff Matter Prejudicial Matter

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

CARRIED Following resumption into Open Session Item 14.2, was moved and carried as shown on the following pages.



14.2 STAFF MATTER (Continued)

RESOLUTION G20.0728.048 moved Cr C Caldwell seconded Cr G O’Neill Council notes that the Confidential Memorandum (File No: HR180/457/CF(P1) was not tabled for discussion, but:

1 That Council notes and has regard to:

a Resolution G17.0905.036 as follows:

That the Mayor be delegated the authority to execute a new contract of employment of the Chief Executive officer for a period of three (3) years and nine (9) months, with a termination date of 30 September 2021, to enable the next Council to implement a succession plan by that date.

b Section 194 of the Local Government Act 2009;

c The terms of the contract of employment of the Chief Executive Officer for the period commencing 1 October 2017 and terminating 30 September 2021;

d The principles and standards of behaviour expected of Councillors and Mayors as set out in the Code of Conduct for Councillors in Queensland.

2 That Council commence a process for the appointment of the Chief Executive Officer.

3 That the process for the appointment of the Chief Executive officer be managed by the Office of the Mayor and that appropriate external support and professional appointment, legal and other advice be retained and funded from an appropriate cost centre.

4 That the Office of the Mayor liaises with the Department of Local Government, Racing & Multicultural Affairs to ensure that the appointment process meets with the Council expectation that the highest level of accountability and transparency is adhered to.

5 That the Office of the Mayor provides regular updates to Council on the appointment process.

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

Cr Patterson, Cr Bayldon-Lumsden, Cr La Castra, Cr Taylor, Cr Vorster, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

Against 0 Abstained 0 Absent 1 Cr Tozer

CARRIED UNANIMOUSLY

There being no further business, the meeting was declared closed at 8.55pm


I hereby certify that these pages Numbered 1 to 104 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday 28 July 2020.

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

minutes council meeting - city of gold coast | home€¦ · minutes of the seven hundred and ninety...

Documents