Minutes Council Meeting - City of Gold Coast...2018/08/14 · 759th Council Meeting 8 14 August 2018 Minutes 5 MAYOR’S REPORT (Continued) 5.1 RECENT VISITS AND SPEECHES (Continued)

759

Minutes of the

Council Meeting held

Tuesday 14 August 2018

at

1pm

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

759th Council Meeting 2 14 August 2018 Minutes

INDEX

Minutes (759)

Council Meeting

14 August 2018

Opening Prayer

Australian National Anthem

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

3 MAYORAL MINUTE

3.1 Council Controlled Entities

4 CONFIRMATION OF MINUTES

4.1 The Seven Hundred and Fifty Eighth Meeting of the Council of the City of Gold Coast, held Tuesday 31 July 2018 at 1pm.

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 2 August 2018

9.2 Lifestyle and Community 2 August 2018

9.3 Economy, Planning and Environment 8 August 2018

9.4 Events, Tourism and Governance 9 August 2018

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

13 GENERAL BUSINESS

14 OTHER BUSINESS

14.1 Sport Accord

14.2 Cultural Precinct Funding And Related Matters


ADOPTED AT COUNCIL 28 AUGUST 2018 RESOLUTION G18.0828.006 moved Cr Gates seconded Cr Caldwell That the Minutes of the Seven Hundred and Fifty Ninth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 14 August 2018 at 1pm be confirmed with the following correction:- On page 24 (conflict of interest), change ‘the applicant’ to ‘a consultant for the applicant’ and delete ‘is a prohibited donor under current legislation’.

CARRIED Minutes of the Seven Hundred and Fifty Ninth Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday 14 August 2018, at 1pm. The Mayor, Cr T R Tate, welcomed Rev Stewart Perry of Trinity Anglican Church, Robina, to open the meeting in prayer. National Anthem 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W M A Owen-Jones Cr C M Caldwell Cr K L Boulton Cr P J Young Cr D M Crichlow OAM Cr G J Baildon AM Cr R La Castra Cr G M Tozer Cr P A Taylor Cr H H C Vorster Cr P C Young Cr D I McDonald Cr G M O’Neill Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr A Twine Director Transport and Infrastructure Ms A Ewens Director Lifestyle and Community Services Mr G Potter Director Organisational Services Ms A Swain Director Economy, Planning & Environment Mr D Montgomery City Solicitor 1.1 LEAVE OF ABSENCE / APOLOGIES

Nil


2 CONDOLENCES Cr Vorster, Cr Tozer, Cr Caldwell, Cr Boulton To The James Family On the passing of Lion Don James RESOLUTION G18.0814.001 moved Cr Vorster seconded Cr Tozer That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr Gates, Cr McDonald, Cr La Castra, Cr Owen-Jones To The Gassman Family On the passing of Gwen Scott RESOLUTION G18.0814.002 moved Cr Gates seconded Cr Boulton That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Tozer, Cr Gates, Cr McDonald, Cr La Castra, Cr PJ Young To The Eric Black and Family On the passing of Debbie Overell RESOLUTION G18.0814.003 moved Cr Tozer seconded Cr PJ Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED


3 MAYORAL MINUTE 3.1 COUNCIL CONTROLLED ENTITIES Councillors, Due to the recent changes in the Local Government Act in relation to handling of conflict of interest and material personal interest, it has become apparent to me that it is untenable for Councillors to hold board positions on Council Controlled entities. Essentially it prevents those Councillors from potentially being in the room to debate and vote on matters pertinent to their Divisions and the City in which they have been entrusted to represent. It is said that “decisions are made by those who turn up” and I want all Councillors to be able to turn up, their debate heard, their vote counted and their residents fully represented. While we can debate the unfairness, illogic aspects and the negative democratic impacts of the recent changes by the State Government, it is what it is and we must, as a Council and a City, adjust. Recommendation:

1 That the following representative changes are made to the following Council controlled entities:

a Cr Paul Taylor is removed as the Council representative director on Broadbeach Alliance Ltd.

b Cr Gail O’Neill is removed as the Council representative director on Connecting Southern Gold Coast Ltd.

c Cr Gary Baildon is removed as the Council representative director on the Surfers Paradise Alliance Ltd.

2 That the CEO do all things necessary, including adjusting the Register of Membership & Responsibilities of Standing, Special & Advisory Committees & Delegates to External Organisations, to remove the positions of Council Representative Directors and Alternative Director for the following external council controlled entities:

a Broadbeach Alliance Ltd.

b Connecting Southern Gold Coast Ltd.

c Gold Coast Arts Centre Pty Ltd (HOTA).

d Surfers Paradise Alliance Ltd.

3 That the CEO consults with the Mayor and the previous Council representative for each of the mentioned external Council controlled entities on the replacement of the now vacant directors and alternative director positions.


3 MAYORAL MINUTE (Continued) 3.1 COUNCIL CONTROLLED ENTITIES (Continued) RESOLUTION G18.0814.004 moved Cr Tate 1 That the following representative changes are made to the following Council

controlled entities:

a Cr Paul Taylor is removed as the Council representative director on Broadbeach Alliance Ltd, however remain as an observer.

b Cr Gail O’Neill is removed as the Council representative director on Connecting Southern Gold Coast Ltd, however remain as an observer.

c Cr Gary Baildon is removed as the Council representative director on the Surfers Paradise Alliance Ltd, however remain as an observer.

d Cr Bob La Castra remain as an observer on the Gold Coast Arts Centre Pty Ltd (HOTA) Board.

2 That the CEO do all things necessary, including adjusting the Register of Membership & Responsibilities of Standing, Special & Advisory Committees & Delegates to External Organisations, to remove the positions of Council Representative Directors and Alternative Director for the following external council controlled entities:

a Broadbeach Alliance Ltd.

b Connecting Southern Gold Coast Ltd.

c Gold Coast Arts Centre Pty Ltd (HOTA).

d Surfers Paradise Alliance Ltd.

3 That the CEO consults with the Mayor and the previous Council representative for each of the mentioned external Council controlled entities on the replacement of the now vacant directors and alternative director positions.

A division was called. For 10 Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr O’Neill,

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

Against 5 Cr Tozer, Cr PJ Young, Cr Crichlow, Cr Baildon, Cr McDonald Abstained 0 Absent 0 Did Not Vote 0

CARRIED 4 CONFIRMATION OF MINUTES RESOLUTION G18.0814.005 moved Cr Gates seconded Cr Caldwell That the Minutes of the Seven Hundred and Fifty Eighth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 31 July 2018 at 1pm 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)

Official Opening of the 11th Gold Coast Homeless Connect

Homeless Connect is a one-stop shop providing free goods and services to the city's homeless.

The annual event is organised by the Gold Coast Homelessness Network and supported by the City, State, local businesses, community groups and volunteers.

Each year organisers ask the Gold Coast community to donate goods to ensure the event assists as many homeless people as possible. Items needed include toiletries, disposable nappies, clothing, canned goods, blankets, sleeping bags and bottled water.

While Homelessness and Public Housing are State responsibilities, each year the Council provides grants towards Homeless Connect through our Community Grants Program.



Update on Tallebudgera Dredging and Burleigh Beach Replenishment

I took the opportunity to inspect the beach nourishment operation at Burleigh Heads.

This is a key project in our broader coastal protection - pumping sand from the creek over on to Burleigh Beach during winter and spring replenishes our beaches ready for summer.

The annual program sees around 40,000 cubic metres of sand added to Burleigh Beach. The dredge will then move south to Currumbin Creek where about 30,000 cubic metres of sand will be pumped on to Palm Beach.

Currumbin Creek works are scheduled to commence in October.

These works also compliment last year's larger scale Gold Coast Beach Nourishment Project which worked to nourish different areas of the city's vulnerable coastline.



1st Anniversary of the Gold Coast Student Hub

It was great to join with Study Gold Coast, Mayor’s Student Ambassadors and other students to celebrate the 1st Birthday of the GC Student Hub.

In only 12 short months the Gold Coast Student Hub has hosted 4,200 students from over 73 countries.

The Hub is a space designed by students for students and aims to provide a unique networking, collaboration and study space.

It provides free information and practical support for all domestic and international students on the Gold Coast to help enhance they study experience.

Events are also offered including a range of workshops on topics such as professional development, people skills and conversational English, plus community and industry engagement sessions.

What I love about The Hub is that it’s more than just a place to study - it's a place for all students to call their own.



Official Opening of the Gold Coast Royal Art Show

Cr Taylor attended.

Royal Queensland Art Society (RQAS) is the oldest Art Society in Queensland, with its inaugural meeting in September 1887.

The Gold Coast Branch was officially formed in November 1963, and their Art Gallery at Broadbeach is open 7 days a week with free entry.

RQAS aims to encourage the understanding of art in all its forms and conduct regular weekly classes to encourage younger members to maintain their involvement with the Society.

It was a pleasure to see the wonderful art produced for the show, and present the prizes to the winners.



Taipei Youth Folk Sports Performing Troupe at Livingstone Christian College

Deputy Mayor Cr Gates attended.

Also in attendance:

- Mr Bruce Hung, Director-General of the Taipei Economic and Cultural Office in Brisbane - Mr Che-yi Hung, Group Leader/Deputy Commissioner, Department of Education, Taipei - Mr Francis Soong, Deputy Director-General of the Taipei Economic and Cultural Office

in Brisbane

Three schools from Taipei make up the Taipei Youth Folk Dance Performing Troupe who are touring Australia and performed at Livingstone Christian College in Ormeau.

For the past 30 years the Troupe has brought their performances to Sister Cities of Taipei. Taipei and the Gold Coast have enjoyed a sister city relationship since 1982, with numerous active programs taking place each year form educational opportunities to sporting exchanges.





Mayoral Trip to China for Direct Marketing Company Bid

I travelled to Beijing to support Destination Gold Coast’s bid to bring large incentive groups to the City in 2019-2020.

The events would attract approx. 20,000 delegates from China.

The incentive groups would contribute approximately $40 million to the city.

Competition is strong, so it was an opportunity to present a compelling final pitch to the CEO and key management team to convince them to choose the Gold Coast.

RESOLUTION G18.0814.006 moved Cr Tate seconded Cr PJ Young That the Mayor’s Report be welcomed and noted.

CARRIED UNANIMOUSLY


6 CLARIFICATION - MEMBERS Cr PJ Young provided clarification in relation to page 67 of the Minutes to Council Meeting 758 held on 31 July 2018. At the meeting he referred to the Supreme Court in his Conflict of Interest. While the minutes are correct, it should read the Federal Court. 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, 2 August 2018. RESOLUTION G18.0814.007 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting held on Thursday, 2 August 2018, covered by Recommendations numbered TI18.0802.001 to TI18.0802.005, be received.

CARRIED ITEM 4 BROADBEACH CAROUSEL MAINTENANCE REVIEW

CM787/790/05/14(P1) MOTION moved Cr Taylor seconded Cr Tate

That Committee Recommendation TI18.0802.004 be not adopted, but in lieu thereof reads as follows: 1 That the CEO offer via community tender the Broadbeach Carousel to a suitable local

Gold Coast organisation for relocation to non-Council land with a grant of $100,000 to the successful tenderer to assist with relocation costs.

2 That if a suitable tenderer mentioned in item 1 cannot be found within three (3) months that a similar offer via tender is made Australia wide for relocation outside of the City of Gold Coast at no cost to Council.

3 That if a suitable tenderer mentioned in item 2 cannot be found within three (3) months that the Broadbeach Carousel is dismantled and stored at a Council depot for a period no longer than one (1) year, allowing for its possible transfer to an interested historical group for potential static display before being disposed of permanently.

4 That the existing carousel site at Broadbeach be turned into a suitable children’s play area and potentially a new carousel, with consultation with the Mayor and local area Councillor.

A division was called. For 7 Cr Caldwell, Cr Vorster, Cr Baildon, Cr O’Neill, Cr La Castra,

Cr Taylor, Cr Tate Against 8 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Crichlow,

Cr Boulton, Cr Gates, Cr PC Young, Cr McDonald Abstained 0 Absent 0 Did Not Vote 0 The MOTION was LOST.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.1 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 4 BROADBEACH CAROUSEL MAINTENANCE REVIEW

CM787/790/05/14(P1) (Continued) MOTION moved Cr PJ Young seconded Cr Crichlow

That Committee Recommendation TI18.0802.004 be adopted as printed which reads 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 future report be presented to Council following the completion of the non-destructive testing of the carousel, and completion of the expression of interest process to better inform future management options and associated costs.

3 That Council adopt Option 1 as described in this report, to retain the carousel in the current location, pending future Council consideration of the outcomes of the non-destructive tests and expression of interest process.

4 That funding be prioritised within Budget Centre CI260O001 Urban Precinct Asset Maintenance and undertake non-destructive tests in the 2018-19 financial year to inform the scope of required renewal works.

5 That an expression of interest process be undertaken to better inform options for the future operation of the carousel consistent with the Local Government Act and the Community Grants Policy.

6 That the current operator agreement with Rotary Club of Southport Inc. be extended, on a month by month basis, until the award of a new agreement is made, following the expression of interest process.

A division was called. For 3 Cr PJ Young, Cr Crichlow, Cr Baildon Against 12 Cr Tozer, Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr O’Neill,

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

Abstained 0 Absent 0 Did Not Vote 0 The MOTION was LOST.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.1 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 4 BROADBEACH CAROUSEL MAINTENANCE REVIEW

CM787/790/05/14(P1) (Continued) RESOLUTION G18.0814.008 moved Cr Gates seconded Cr PC Young

1 That the Broadbeach Carousel be decommissioned and removed from the

Broadbeach Mall.

2 That an expression of interest process be undertaken in relation to the carousel, with expressions of interest to be considered by Council officers and a report be submitted to Council for consideration.

3 That the existing carousel site at Broadbeach be converted into a suitable children’s play area and potentially a new carousel, with consultation with the Mayor and local area Councillor.

A division was called. For 12 Cr Tozer, Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr Baildon,

Cr O’Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr Tate

Against 3 Cr PJ Young, Cr Crichlow, Cr McDonald Abstained 0 Absent 0 Did Not Vote 0

CARRIED

ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE REPORT RESOLUTION G18.0814.009 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting of Thursday, 2 August 2018, covered by Recommendations numbered TI18.0802.001 to TI18.0802.005, be adopted with the exception of Recommendation Number TI18.0802.004 which was specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY Cr O’Neill, Chairperson of the Lifestyle and Community Committee, presented the Report of the Meeting of the Lifestyle and Community Committee held on Thursday, 2 August 2018. RESOLUTION G18.0814.010 moved Cr O’Neill seconded Cr Gates That the Report of the Lifestyle and Community Committee Meeting held on Thursday, 2 August 2018, covered by Recommendations numbered LC18.0802.001 to LC18.0802.005, be received.

CARRIED ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE REPORT RESOLUTION G18.0814.011 moved Cr O’Neill seconded Cr Boulton That the Report of the Lifestyle and Community Committee’s Recommendations of Thursday, 2 August 2018, numbered LC18.0802.001 to LC18.0802.005, be adopted.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT Cr Caldwell, Chairperson of the Economy, Planning and Environment Committee, presented the Report of the Economy, Planning and Environment Committee held on Wednesday, 8 August 2018. RESOLUTION G18.0814.012 moved Cr Caldwell seconded Cr Vorster That the Report of the Economy, Planning and Environment Committee Meeting held on Wednesday, 8 August 2018, covered by Recommendations numbered EPE18.0808.001 to EPE18.0808.004 be received.

CARRIED ITEM 3 CONFIDENTIAL UPDATE ON OPTIONS FOR PERMANENTLY SECURING KOALA

HABITAT CE196/430/01/01/03/CF CONFIDENTIAL

Conflict of Interest - Cr Caldwell:- 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 name of the person or entity is: E Kornhauser The nature of the relationship is: Donation to my 2016 election

campaign and would now be considered a prohibited donor

The value of the gift or benefit is: $2000 Date of receipt of the gift 5 June 2015 The nature of the other person’s interest in the matter is: property holdings are being

considered in this item I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr Caldwell left the room at 2.55pm


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 3 CONFIDENTIAL UPDATE ON OPTIONS FOR PERMANENTLY SECURING KOALA

HABITAT (Continued) CE196/430/01/01/03/CF CONFIDENTIAL

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

Item Subject Reason

3 Confidential Update On Options For Permanently Securing Koala Habitat

Prejudicial Matter

CARRIED Meeting adjourned at 3.00pm Meeting reconvened at 3.16pm PROCEDURAL MOTION moved Cr PC Young seconded Cr Baildon That the Council move into Open Session.

CARRIED Following resumption into Open Session Item 3, was moved and carried as shown on the following pages.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 3 CONFIDENTIAL UPDATE ON OPTIONS FOR PERMANENTLY SECURING KOALA

HABITAT (CONTINUED) CE196/430/01/01/03/CF CONFIDENTIAL

RESOLUTION G18.0814.013 moved Cr Tate seconded Cr Owen-Jones

That the Officer’s Recommendation 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 approve the detailed investigations in Attachment 1 - Securing Koala Habitat in East Coomera Report 2018 and Attachment 2 - Addendum to the East Coomera Koala Population Study 2017, to guide koala conservation actions.

3 That the owner/s of the relevant properties identified in the report be approached in an attempt to enter into a contract of purchase on terms satisfactory to the Chief Executive Officer, and that a report be submitted for the Council’s consideration on the outcome.

4 That the Chief Executive Officer write to Minister for Environment and the Great Barrier Reef, Leanne Enoch, and Manager Koala Policy and Oversight Team – Department of Environment and Science, to provide an update on the detailed investigations for permanently securing koala habitat, and seeking co-operation and support to jointly fund the acquisition of identified highest priority property(ies).

5 That the Mayor writes to the Minister for State Development, Manufacturing, Infrastructure and Planning, Cameron Dick, setting out the proposition considered at its meeting today regarding the securing of suitable koala habitat via an innovative, alternative approach.

CARRIED UNANIMOUSLY

Cr Caldwell returned to the room at 4.16pm


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 1 REPORT ON A CHANGE APPLICATION (OTHER) FOR A DEVELOPMENT

PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OFFICE AT 201 FERRY ROAD, SOUTHPORT - DIVISION 7 PN234927/01/DA14

In accordance with section 175G of the Local Government Act 2009, Cr Caldwell advised the meeting that Cr Owen-Jones may have a real or perceived conflict of interest in this matter for the reason that he received a donation from David Geyer of Geyer Planning. David Geyer is now a Director of Zone Planning who is the applicant of this application and is a prohibited donor under current legislation. Cr Owen-Jones advised he has no conflict and is not declaring a conflict of interest. PROCEDURAL MOTION moved Cr Tate seconded Cr McDonald

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

Cr Owen-Jones has a real or perceived conflict of interest in this matter.

A division was called. For 9 Cr PJ Young, Cr Caldwell, Cr Vorster, Cr O’Neill, Cr La Castra,

Cr Boulton, Cr Gates, Cr Taylor, Cr Tate Against 4 Cr Tozer, Cr Crichlow, Cr Baildon, Cr PC Young Abstained 1 Cr McDonald Absent 0 Did Not Vote 1 Cr Owen-Jones

CARRIED

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

Cr Owen-Jones chose to leave the room.



PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OFFICE AT 201 FERRY ROAD, SOUTHPORT - DIVISION 7 PN234927/01/DA14

In accordance with section 175G of the Local Government Act 2009, Cr Tozer advised the meeting that Cr Gates may have a real or perceived conflict of interest in this matter for the reason that Director of Zone Planning, Steve Enders, who is the consultant on this application, previously worked for Planit Consulting who is noted on Cr Gates gift register. 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 name of the person or entity is: Steve Enders of Zone Planning The nature of the relationship is: Alleged by colleague Mr Enders

was an employee of a former donor to previous election campaigns

The value of the gift or benefit received is: No gift has ever been received from Mr Enders

Date of gift: NA The nature of the other person’s interest in the matter is: The company Mr Enders is now

employed by is a consultant for this application

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.



PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR AN OFFICE AT 201 FERRY ROAD, SOUTHPORT - DIVISION 7. PN234927/01/DA14 (Continued)

RESOLUTION G18.0814.014 moved Cr Caldwell seconded Cr Vorster

That Committee Recommendation EPE18.0808.001 be adopted as printed which reads as follows:- A That Council refuses the issue of a Development permit for a Change

application (Other) for a Material change of use to establish an Office for the following reasons:

1 That the development does not achieve the strategies of the South East Queensland Regional Plan 2017 (ShapingSEQ) in that:

a Within the confines of statutory assessment the proposal is not located within a Regional Economic Cluster, Individual knowledge and technology precinct, Individual major enterprise and industrial area or a Regional activity centre and therefore does not protect these areas.

2 That the development does not achieve the Strategic and Specific outcomes of the Strategic framework in that:

a The proposal results in a non-compliance with Strategic outcome 3.4.1(2) and Strategic outcome 3.4.1(4) in that the proposal is of a scale that would be duplicating the intentions of Centres by representing out-of-centre development; and

b The proposal results in a non-compliance with Strategic outcome 3.5.1 (3), Strategic outcome 3.5.1 (5), Specific outcome 3.5.2.1 (1), Specific outcome 3.5.2.1 (3) and Specific outcome 3.5.2.1 (6) in that the scale of the Office is not considered a Low-key business activity and Offices are readily accommodated in mixed use centres and specialist centres.

3 That the development does not achieve the Purpose, Overall outcomes and Performance outcomes of the Mixed use zone code in that:

a The proposal results in a non-compliance with Overall outcome 6.2.19.2(3)(a)(iii) and Performance outcome PO of the Mixed use zone code in that the proposed Office is of a scale that is not considered a very small tenancy that services the immediate locality.

4 That relevant matters do not overcome the non-compliances identified within the City Plan Version 4.

CARRIED

Cr Crichlow requested that her vote in the negative be recorded Cr Gates and Cr Owen-Jones returned to the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 5 HIGH STRATEGIC ECOLOGICAL VALUE REPORT

FN334/375/21(P1)

RESOLUTION G18.0814.015 moved Cr Vorster seconded Cr Gates

That Committee Recommendation EP18.0808.004 be not adopted, but in lieu thereof reads as follows: That no further action be taken and all future proposed land acquisitions of high ecological value be referred to the Special Budget Meeting for consideration. A division was called. For 8 Cr Caldwell, Cr Vorster, Cr O’Neill, Cr La Castra,

Cr Boulton, Cr Gates, Cr Taylor, Cr Tate Against 7 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Crichlow, Cr Baildon,

PC Young, Cr McDonald Abstained 0 Absent 0 Did Not Vote 0

CARRIED

ADOPTION OF THE ECONOMY, PLANNING AND ENVIRONMENT COMMITTEE REPORT RESOLUTION G18.0814.016 moved Cr Caldwell seconded Cr Baildon That the Report of the Economy, Planning and Environment Committee’s Recommendations of Wednesday, 8 August 2018, numbered EPE18.0808.001 to EPE18.0808.004, be adopted with the exception of:- Recommendation Numbers EPE18.0808.001

EPE18.0808.003 and EPE18.0808.005 which were specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 EVENTS, TOURISM AND GOVERNANCE Cr La Castra, Chairperson of the Events, Tourism and Governance Committee, presented the Report of the Meeting of the Events, Tourism and Governance Committee held on Thursday, 9 August 2018. RESOLUTION G18.0814.017 moved Cr La Castra seconded Cr PC Young That the Report of the Events, Tourism and Governance Committee Meeting held on Thursday, 9 August 2018 covered by Recommendations numbered ETG18.0809.001 to ETG18.0809.004 be received.

CARRIED ADOPTION OF EVENTS, TOURISM AND GOVERNANCE COMMITTEE REPORT RESOLUTION G18.0814.018 moved Cr La Castra seconded Cr PC Young That the Report of the Events, Tourism and Governance Committee Recommendations of Thursday, 9 August 2018, numbered ETG18.0809.001 to ETG18.0809.004, be adopted.

CARRIED


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 Nil


14 OTHER BUSINESS 14.1 SPORT ACCORD

CM787/789/04/08(P1) 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

14.1 Sport Accord Prejudicial Matter

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

CARRIED Following resumption into Open Session Item 14.1, was moved and carried as shown below. RESOLUTION G18.0814.019 moved Cr La Castra seconded Cr PC Young That Council endorse the revised funding plan as outlined in the CEO’s email of today’s date.

CARRIED UNANIMOUSLY

759th Council Meeting CONFIDENTIAL PAGE 30 14 August 2018 Minutes

UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR

INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 units.

CONFIDENTIAL

14 OTHER BUSINESS (Continued) 14.1 SPORT ACCORD (Continued)

CM787/789/04/08(P1)

REDACTED


14 OTHER BUSINESS (Continued) 14.2 CULTURAL PRECINCT FUNDING AND RELATED MATTERS

PN240206/856/CF(P3) In accordance with the letter from the Director-General of the Department of Local Government, Racing and Multicultural Affairs, Cr Tate, Cr PJ Young and Cr Baildon left the meeting and did not return RESOLUTION G18.0814.020 moved Cr Owen-Jones seconded Cr Tozer 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 Having regard to the advice received from the Minister for Local Government, Racing and Multicultural Affairs dated 14 August 2018, that the Council proceeds to decide the following.

3 That Council approves the revised Funding Plan (version 5.0) for the Cultural Precinct Stage 1 as follows, incorporating an additional $670,000 cost for sub-station relocation:

4 That in terms of section 236(2) of the Local Government Regulation that the exception from tender processes apply to the grant of the concurrent sublease for the Surfers Paradise Transit Centre and Bruce Bishop Car Park site for the reason that the consideration for granting of the concurrent sublease is to preserve Council’s resolved conditions pertaining to the sale site.



PN240206/856/CF(P3)(Continued)

5 To note:

a execution of sale contract documentation will proceed in the near future, with only outstanding litigation in respect of Council’s ability to sell the site needing to be resolved satisfactorily;

b the expected outcomes of the sale will include a financial return to the City of $48 million, which is above the minimum target of $40 million;

c the intending purchaser is both an owner and operator of public car parks worldwide and has significant development interests across Australia, leaving it well placed to meet Council’s objectives and conditions.

6 That the Chief Executive Officer provide a further report on the status of the Funding Plan by April 2019.

A division was called. For 10 Cr Tozer, Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr O’Neill,

Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor Against 2 Cr Crichlow, Cr McDonald Abstained 0 Absent 3 Cr PJ Young, Cr Tate, Cr Baildon Did Not Vote 0

CARRIED

There being no further business, the meeting was declared closed at 6.14pm.






PN240206/856/CF(P3)(Continued) Note: Correspondence to the Minister was not redacted. This copy is redacted in accordance with Council Resolution G18.0731.021 at Council Meeting 31 July 2018.






























































I hereby certify that these pages Numbered 1 to 55 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday, 14 August 2018.

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

Documents

Minutes Council Meeting - City of Gold Coast...2018/08/14 · 759th Council Meeting 8 14 August 2018 Minutes 5 MAYOR’S REPORT (Continued) 5.1 RECENT VISITS AND SPEECHES (Continued)