Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October...

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794 Minutes of the Council Meeting held Tuesday 27 October 2020 at 10am City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

Transcript of Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October...

Page 1: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794

Minutes of the

Council Meeting held

Tuesday 27 October 2020

at

10am

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

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794th Council Meeting 2 Tuesday 27 October 2020 Minutes

INDEX

Minutes (794)

Council Meeting

Tuesday 27 October 2020

Opening Prayer

Australian National Anthem

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

2.1 The Illich Family Cr Caldwell

2.2 The Ryan Family Cr Taylor

2.3 The Williams Family Cr Tozer

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Seven Hundred and Ninety Third Ordinary Meeting of the Council of the City of Gold Coast, held Tuesday 2020 at 1pm

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

9 CONFLICT OF INTEREST DECLARATIONS

9.1 Gold Coast International Marine Precinct Cr Gates

9.2 Division 5 Discretionary Grants – GC History Society Inc Cr PJ Young

9.3 Division 5 Discretionary Grants – Nerang Community Garden Association – Mr Peter Cardona

Cr PJ Young

9.4 Division 5 Discretionary Grants – Nerang Community Garden Association – Mr Derek Ogden

Cr PJ Young

9.5 Division 5 Discretionary Grants – Wildlife Preservation Society Cr PJ Young

9.6 Live Music Venue / “Boutique Stadium” Opportunity Cr Vorster

9.7 Surf Life Saving Qld presence at The Spit Cr Vorster

9.8 Development Matters at 2 Capital Court, Varsity Lakes – Sunland Group

Cr Gates

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ITEM SUBJECT

9.9 Development Matters at 2 Capital Court, Varsity Lakes – HomeCorp Cr Gates

9.10 Development Matters at 2 Capital Court, Varsity Lakes – Ron Bakhir Cr Tate

9.11 Development Matters at 2 Capital Court, Varsity Lakes – Sunland Group

Cr Owen-Jones

9.12 Development Matters at 2 Capital Court, Varsity Lakes – Soheil Abedian, Sunland

Cr Vorster

9.13 Development Matters at 2 Capital Court, Varsity Lakes – Ron Bakhir Cr Vorster

9.14 General Meetings about Pacific View Estate Cr Tozer

9.15 2020/21 Discretionary Grants Program Cr McDonald

10 RECEPTION AND CONSIDERATION OF COMMITTEE MINUTES

10.1 Planning and Environment (1) 14 October 2020

10.2 Transport and Infrastructure 15 October 2020

10.3 Lifestyle and Community 15 October 2020

10.4 Water, Waste and Energy 21 October 2020

10.5 Economy, Tourism and Events 21 October 2020

10.6 Planning and Environment (2) 22 October 2020

10.7 Governance and Administration 22 October 2020

10.8 Special Budget and Finance 26 October 2020

11 CONSIDERATION OF NOTICES OF MOTION

12 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

13 PRESENTATION OF PETITIONS

13.1 Wood Duck Drive, Upper Coomera Cr Gates

13.2 Gainsborough Greens (Objection to Clubhouse Construction) Cr Hammel

13.3 Large Swing “playground” Equipment – Varsity Foreshore Parklands Cr Vorster

13.4 Proposed Toilet Block – Varsity Foreshore Parklands Cr Vorster

13.5 Change in Legal Speed Limit - Miami Cr PC Young

14 GENERAL BUSINESS

15 OTHER BUSINESS

15.1 Conflict Of Interest Declarations Standing Item On Council And Committee Meeting Agendas

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ITEM SUBJECT

15.2 Changes to the Local Government Act 2009 – Councillor Advisors

15.3 Council Conduct Tribunal – Matter Reference F19/7888 Cr Tozer

15.4 Chambers Audio and Video

15.5 Chambers Refurbishment

15.6 Staffing Matter (Confidential)

15.7 Division 2 – Native Beehive Program – Allocation of Division 2 Funding

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ADOPTED AT COUNCIL 24 NOVEMBER 2020 RESOLUTION G20.1124.002 moved Cr Owen-Jones seconded Cr PJ Young That the Minutes of the Seven Hundred and Ninety Fourth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 27 October 2020 at 10am be confirmed noting that the Governance and Administration Committee minutes were corrected at the committee meeting of 19 November 2020.

CARRIED

Minutes of the Seven Hundred and Seventy Fourth 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 27 October 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 Cr D Taylor Cr H H C Vorster Departed at 6:04pm 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

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2 CONDOLENCES Cr Caldwell, Cr La Castra, Cr McDonald To The Illich Family On the passing of Frank Illich RESOLUTION G20.1027.001 moved Cr Caldwell seconded Cr O'Neill That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr Taylor, Cr Gates, Cr Patterson, Cr PC Young To The Ryan Family On the passing of Jake Ryan RESOLUTION G20.1027.002 moved Cr Taylor seconded Cr Gates That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Tozer To The Williams Family On the passing of Jack Williams RESOLUTION G20.1027.003 moved Cr Tozer seconded Cr McDonald 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 G20.1027.004 moved Cr Tozer seconded Cr Patterson That the Minutes of the Seven Hundred and Ninety Third Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 15 September 2020 at 10am be confirmed.

CARRIED

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5 MAYOR’S REPORT 5.1 RECENT VISITS AND SPEECHES

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

Final Home Game – Gold Coast Titans v Newcastle Knights

It was great to attend the final home game for our Titans and for the team to finish on a high – beating the Knights 36 to 6. It’s been a challenging year for everyone, including the Titans, so to finish the season so strong and in the top 10 is encouraging for next year. Go the Titans – the Gold Coast is behind you!

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

Update on Isle of Capri Bridge Duplication Works Cr Taylor attended. I inspected the site with bridge construction contractor Georgiou Group as a crane weighing 110 tonnes and measuring 58 metres in length was going up. The existing two-lane bridge carries around 18,000 cars per day and over the next 7 years, this is likely to increase to 25,000 cars per day. That is why we are building this new $40 million bridge and doing so in 3 stages. The new two-lane bridge will be constructed downstream of the existing bridge. Then the existing bridge will be demolished to make way for another two-lane bridge. This construction method will keep traffic moving across the city now and into the future. Once complete, the bridge will feature four lanes (two in each direction) and provide an increased clearance height of 4.5 metres to allow larger vessels on the Nerang River to pass underneath. There will also be a four-metre wide shared path on both sides of the bridge, to provide safer active travel options for the community.”

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

Vice Chancellors' Lunch The purpose of this meeting was to discuss the future of education on the Gold Coast whilst focusing on the Study Gold Coast Mission to Unite, Promote, Advocate and Grow and the City’s education sector aspirational goals. I thank Study Gold Coast for facilitating this discussion, and it was timely as we welcomed the City’s newest Vice Chancellor of Southern Cross University, Professor Tyrone Carlin. The focus moving forward for the city’d education sector will be to:

Boost student numbers Grow student employment opportunities Grow sector employment Build on our reputation as a world class educational destination

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

On-Set Visit to Millionaire Hot Seat I took the opportunity to go on-set where Eddie McGuire was filming Millionaire Hot Seat at the Gold Coast Convention Centre. The feedback I got from Eddie and the production staff was how much they loved the venue and filming and staying on the Gold Coast. The City’s modest investment to secure this opportunity has not only been value for money when it comes to national exposure for our City, but shows the TV production industry in Australia that the Gold Coast is THE destination to make TV shows and film. Eddie even gave me a crack at a “Million Dollar Question”:

“What was Banjo Paterson’s full name?” Andrew Barton Paterson

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

South Stradbroke Island Visit Cr Caldwell attended. I did a full inspection of South Stradbroke Island and what a beautiful place it is right on our doorstep. Alongside Cr Caldwell, we are proud to have saved the Tipplers precinct from closure in 2012. My vision has always been that we keep the island open and accessible for all to enjoy its tourism, environmental and cultural offerings. Well done to Tipplers Licensed Cafe & Camp Ground operators Scott & Rebecca for making this place so special.

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

100 Year Celebration for Kirra Hill Community & Cultural Centre Cr O’Neill attended. Along with Cr O’Neill, we joined with former student Sue Burnett at the Kirra Hill Community and Cultural Centre to mark the centenary of the historic site. Kirra Hill began as the Coolangatta State School and was built in response to the 1919 Spanish Flu, when the Qld/NSW border closed and children could no longer attend Tweed Heads Public School. Opened on 2 October 1920 by the Queensland Governor, Sir Matthew Nathan, the two-classroom school, built to accommodate 100 students, began with 57 students. Today, Kirra Hill had become a popular and much loved centre, known for its scenic location as well as its range of community activities. It’s quite apt that in the midst of this pandemic we are celebrating the anniversary of this facility, built as a result of the pandemic a century ago. And now, since 2011, Kirra Hill has provided the community with a place for people to connect – through events, arts and culture, fitness classes and social gatherings.”

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

Opening of Footbridge at Coplick Family Sports Park Cr O’Neill attended. The new Tallebudgera Coplicks Footbridge is now open! The six month project represents an investment of nearly $2 million and involved the demolition of the existing 84 year old bridge. The upgrade will help reduce the impact of flooding on nearby residences in Tallebudgera. This particular area of the Gold Coast is a flood prone zone, so it is important we have infrastructure in place to improve our resilience to flooding. The old bridge was causing the flow of the creek to be obstructed during flood events which affected properties upstream. The new structure has been built at a higher elevation to improve the flow of flood waters. School children, cyclists, and pedestrians will benefit from the improved safety of the approaches and the addition of cycle friendly barriers. We expect around 400-500 people will use the new footbridge each week.

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

Launch of 2020 Bleach* Festival Program This year’s Bleach Festival Program Launch was a cut above the rest thanks to Mobile Barber Shop Depot and Arcadia College.

As we know, Bleach* is the Gold Coast’s annual contemporary arts festival, creating experiences and telling stories that are out of the box, authentic and uniquely connected to place.

This year’s festival has everything from Music Industry Mingling and a Bleach* Club to Indigenous storytelling and Bora ring gatherings.

Bleach* this year runs from 12 to 22 November – so go online and check out the program and plan your festival now.

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

Re-Naming Ceremony "Cheryl Southwood Field" Cr Peter Young attended. The City resolved to name soccer field number one in Brockman Park, Pacific Pines in recognition of Ms Cheryl Southwood’s significant contribution to the Pacific Pines local community. The late Cheryl Southwood moved to Australia and joined the Pacific Pines Football Club as soon as she settled on the Gold Coast in 2010. Ms Southwood’s nine year involvement in the committee continued throughout her time with the club moving to the role of Club President from 2013 to 2019. Cheryl was described by her fellow club members and members of the local community as: ‘a passionate, selfless member who worked tirelessly for the betterment of the club and its members’. The local community was devastated by Cheryl’s sudden passing and so it was a fitting acknowledgement that the City could recognise her contribution to the community through this re-naming.

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

Official Opening of 2020 Disaster Preparedness Forum This is a great opportunity to “virtually” thank all disaster management staff for their continued commitment and dedication to ensure our community stays resilent to disaster events. The Citys disaster management arrangements are critical to ensuring the community are supported during adverse events and disasters. I’d like to again acknowledge the Local Disaster Management Group (LDMG), the Local Recovery Group, the Local Disaster Coordination Centre (LDCC) and Evacuation Centre staff who represent all the individuals, agencies and organisations that collaborate together and pool their resources to keep our city safe. Over the next 6 months there is a distinct possibility that we may need to activate to manage adverse events ranging from bush fires, severe weather or even flooding events. Individual and agency preparedness is fundamentally important particularly as we learn to conduct operations in a COVIDSafe manner. The ability for the City of Gold Coast and the LDMG to activate all the required personnel is critical in enabling effective disaster management. Our relationships with each other and with our emergency management partners continues to be strong and will be relied upon during the potentially demanding periods associated with disaster

activations.

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

Launch of City's "Get Ready" Campaign I urged the community to fully prepare for the upcoming storm and bushfire season by assembling emergency kits, getting their homes ready and having a plan in place. Recent figures from the insurance industry and the SES showed the Gold Coast had the highest number of claims and call outs in relation to storms. Disasters can occur anywhere, anytime and we know that being prepared is our best protection against the unpredictable. There are many ways you can prepare for a natural disaster or emergency event, including creating an emergency kit and plan for your household. Check that your emergency plan; pet emergency plan and emergency kit are up-to-date and ready. Think about different disasters, like a storm or a bushfire, and how you can prepare. In light of COVID-19, the community is being reminded to include items like hand sanitiser, disposable tissues, face masks and disinfectant wipes in their emergency kits this year. To prepare your home for storms, check your roof and gutters - make sure they are in good condition and clear of any leaves or tree branches. To prepare for a bushfire, clean gutters, trim overhanging branches, cut back bushes and check water systems, pumps and generators are working with adequate fuel supplies.”

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

Announcement of Virtual Mayor’s Christmas Carols

Because of COVID, this year the Mayor’s Christmas Carols presented by Mercedes-Benz Gold Coast will be going virtual. And it will actually have the most star-studded lineup ever, including with previous headliners. Kate Ceberano, Anthony Callea and Casey Barnes will be among the stars who line up for the free virtual event to be simulcast on the City’s website, Facebook page and aired on 102.9 Hot Tomato. It wasn’t an easy decision to move the event online but the uncertainty of this year left little choice but to rethink the event which is traditionally held at Broadwater Parklands. I decided to look at this as an opportunity and invite back previous headliners as well as local superstar Casey Barnes – Gold Coast Music Awards artist of the year - to be involved. So while it’s disappointing we can’t all be there together for this wonderful tradition, the quality of the talent who will be singing carols and Christmas songs for our city is unprecedented. I’d encourage everyone to tune in with their families for what will be a truly unique, exciting and fun experience.” The City has also made the difficult decision to not proceed with the annual Christmas lights competition or the Christmas Carols events in Broadbeach and Surfers Paradise. This was not an easy decision to make but we couldn’t take risks in this current environment.

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

Site-Visit to Currumbin Wildlife Hospital Currumbin Wildlife Hospital are now vaccinating all koala patients against chlamydia prior to their release back into the wild, which is a major milestone for the protection of koalas. This is great news for the preservation of koalas on the Gold Coast. We are very proud to be part of this program which is making a real difference in helping to boost koala numbers in our city. In 2019, the Currumbin Wildlife Hospital treated, rehabilitated and released almost 600 koalas from Queensland and New South Wales. More than half were sick and dying from chlamydia. Out of the other half, many had 'sub-clinical' chlamydia, meaning they were becoming sick. The vaccine to be used on the koala patients at Currumbin Wildlife Hospital before they are released back into the wild will be produced at QUT. The plan is for a pilot study to commence with a test population in Elanora. Congratulations to the Currumbin Wildlife Hospital and QUT for the outstanding work and commitment to this cause.

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

Official Opening "Magnolia Place" Magnolia Place in Helensvale provides victims of domestic and family violence the ability to connect with support services they need at an accessible, discreet location. This has been delivered thanks to the StandbyU Foundation, Westfield Helensvale and many other local businesses who donated their time and skills. It’s said that if domestic violence is all about isolation, then connection is part of the solution and I’m pleased to see facilities and servies like Magnolia Place available to those in need.

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

Site-Visit of Pimpama Sports Hub - Netball Centre First Facility to Complete Cr Gates and Cr Hammel attended. The City’s largest community infrastructure project ($80 million) will service the growing northern Gold Coast population and contribute $161 million to the economy. This world-class netball facility has 12 courts and has been surfaced with an Australian made high performance acrylic cushion by local company Grassports. Pimpama currently has the highest number of netball player registrations on the Gold Coast, so we know this facility will be well-used and well-loved. I was also excited to announce that the centre will be leased to Netball Queensland, and a new regional netball competition will be established. Once complete, 750,000 people are expected to pass through the hub each year. The hub will be Australia’s first, 100%, energy-self-sufficient sporting facility, achieved through a combination of solar power, battery storage and co-generation systems. A total of 275 solar panels have been installed on the netball clubhouse and court shade structures, which will generate around 12 per cent of the sporting hub’s total power. During construction, the project will create over 400 jobs, and once operational, will generate more than 42 jobs.

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

AFL Premiership Cup Visit Cr Gates attended. In the built-up to the AFL Grand Final in Queensland the iconic Premiership Cup had been travelling around the state and made it way to Chambers. It has definitely been an unusual season, and the Gold Coast played a huge part in getting the season completed. Metricon Stadium hosted a record 43 matches this year, including the first ever AFL Final on the Gold Coast. Of course while it was great for Gold Coasters to get to see live games from so many clubs and champion players, it was the economic impact for our city that was the real winner this season. Not only did the team hubs support so many of our accommodation providers, but the clubs needed products and services from a whole range of businesses during the season, supporting our local businesses when they needed it most.

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

Official Opening and Welcome Reception for LGAQ's 124th Annual Conference Last week the LGAQ’s annual conference was held here on the Gold Coast. I welcomed mayors, councillors and attendees at a welcome reception on the first evening. This year’s conference focused on members networking, learning and connecting with each other. Congratulations to Sunshine Coast Council Mayor Mark Jamieson for being re-elected to lead the LGAQ as its President for another 4 years. Thank you also to Cr Vorster for attending and voting on our City’s behalf, including his contributions as part of the 5 hours of debate on motions.

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

Sundale Bridge Construction Update

I inspected the works to upgrade the Sundale Bridge – which have passed the halfway mark and construction of the fifth lane well underway. The $34 million Sundale Bridge and Waterways Drive Upgrade will increase network capacity and improve traffic flow along the popular route connecting Main Beach and Southport The added lane forms part of a project which includes upgrades to Waterways Drive, Main Beach Parade, and Macarthur Parade. Drivers travelling from The Spit to Southport often experience significant delays during peak times. Without intervention, by 2041 the delay could increase by up to 2 hours. Upon completion in late 2021, travel from The Spit to Southport is projected to take only 8 minutes during peak times. To further improve bridge safety, we are also upgrading the guardrails, reducing the speed limit to 60 kilometres per hour and installing an additional early warning flashing light to alert southbound travellers that they’re approaching traffic signals. RESOLUTION G20.1027.005 moved Cr Tate seconded Cr Gates That the Mayor’s Report be welcomed and noted.

CARRIED UNANIMOUSLY

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6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES Nil 8 PRESENTATIONS Nil

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9 CONFLICT OF INTEREST DECLARATIONS 9.1

Councillor Name Cr Gates

Matter Description Gold Coast International Marine Precinct

Meeting Name Future Meetings

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

Receipt of Donations from Consultant

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person UPS

The nature of the relationship of the other person to the councillor or related party Donor

The nature of the other person’s interests in the matter Professional consultant to the project

The value of the gift or loan, and the date the gift was given or loan was made

22/06/2014 - $1850 07/09/2015 - $1850 19/09/2016 - $1850 (refunded in full)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: The donor is a professional consultant to the project and the donation made in the relevant term was refunded in full and is unlikely to create a conflict between the councillor’s personal interest and the public interest.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued)

9.1 (Continued) Cr Vorster and Cr Owen-Jones left the room. PROCEDURAL MOTION moved Cr Tate seconded Cr Caldwell Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Gates may participate in the decision despite the Councillor’s conflict of interest. A division was called For: 12 Cr Hammel, Cr Caldwell, Cr PJ Young, Cr Patterson,

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

Against: 0 Absent: 2 Cr Owen-Jones, Cr Vorster Abstained 0 Did Not Vote 1 Cr Gates

CARRIED Cr Gates did not vote. Cr Owen-Jones and Cr Vorster were absent during discussion and voting. Cr Owen-Jones and Cr Vorster returned to the room.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.2

Councillor Name Cr PJ Young

Matter Description Division 5 Discretionary Grants

Meeting Name 794 Council

Meeting Date 27 October 2020

Item Number Item 9 Item Reference

TRACKS‐#77817624‐20‐21‐DIV‐05012 ‐ GOLD COAST FAMILY HISTORY SOCIETY INC 

Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest I am a member and Patron of the Gold Coast Family History Society Incorporated, which has submitted an application under Council’s Discretionary Grants program for funding from Division 5.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Gold Coast Family History Society Incorporated

The nature of the relationship of the related party to the councillor

I am an ordinary member and I am an honorary patron of the organisation.

The nature of the related party’s interests in the matter

GCFHS is one of 37 organisations seeking a Discretionary Grant - specifically for ‘technology project and upgrade’

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 30: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 30 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.2 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

There are 37 Division 5 Discretionary Grant applications and I seek to decide the full array in order to achieve a balanced outcome representing the best interests of the broader community of Division 5.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr O’Neill Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr PJ Young may participate in the decision despite the Councillor’s conflict of interest because section 150EO(1)(b) doesn’t require a declaration to be made when the Councillor is a patron or ordinary member. A division was called For: 14 Cr Hammel, Cr Owen-Jones, Cr Gates, 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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr PJ Young

CARRIED Cr PJ Young did not vote.

Page 31: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 31 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.3

Councillor Name Cr PJ Young

Matter Description Division 5 Discretionary Grants

Meeting Name 794 Council

Meeting Date 27 October 2020

Item Number Item 9 Item Reference TRACKS‐#77817613‐20‐21‐DIV‐05020 ‐ NERANG COMMUNUITY GARDEN

Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest I am a personal friend of the Chairman of the Nerang Community Garden Association Incorporated, which has submitted an application under Council’s Discretionary Grants program for funding from Division 5.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Nerang Community Garden Association Incorporated

The nature of the relationship of the related party to the councillor

I am a personal friend of Mr Peter Cardona, who is voluntary Chairman of the Garden Association.

The nature of the related party’s interests in the matter

The Garden Association is one of 37 organisations seeking a Discretionary Grant - specifically for ‘Smartwater filtration system’

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 32: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 32 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.3 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

There are 37 Division 5 Discretionary Grant applications and I seek to decide the full array in order to achieve a balanced outcome representing the best interests of the broader community of Division 5. PROCEDURAL MOTION moved Cr Tozer seconded Cr Patterson Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr PJ Young may participate in the decision despite the Councillor’s conflict of interest because the friendship is not sufficiently close to be an interest that could reasonably undermine the public interest. A division was called For: 14 Cr Hammel, Cr Owen-Jones, Cr Gates, 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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr PJ Young

CARRIED

Cr PJ Young did not vote.

Page 33: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 33 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.4

Councillor Name Cr PJ Young

Matter Description Division 5 Discretionary Grants

Meeting Name 794 Council

Meeting Date 27 October 2020

Item Number Item 9 Item Reference

TRACKS‐#77817601‐20‐21‐DIV‐05029 ‐ NERANG COMMUNITY ASSOCIATION

Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest I am a personal friend of the President and Secretary of the Nerang Community Association Incorporated, which has submitted an application under Council’s Discretionary Grants program for funding from Division 5.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Nerang Community Association Incorporated

The nature of the relationship of the related party to the councillor

I am a personal friend of Mr Derek Ogden, who is voluntary President of the Community Association, and a personal friend of Mrs Lynn Ogden, who is Secretary of the Association, and I am a personal friend of Mr Cardona, who is a Member of the Committee of the Association

The nature of the related party’s interests in the matter

The Community Association is one of 37 organisations seeking a Discretionary Grant - specifically for ‘Preece House Restroom Project - Preliminary Project Costs’.

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Page 34: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 34 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.4 (Continued)

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

There are 37 Division 5 Discretionary Grant applications and I seek to decide the full array in order to achieve a balanced outcome representing the best interests of the broader community of Division 5.

PROCEDURAL MOTION moved Cr Tozer seconded Cr Gates Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr PJ Young may participate in the decision despite the Councillor’s conflict of interest because the friendship is not sufficiently close to be an interest that could reasonably undermine the public interest. A division was called For: 14 Cr Hammel, Cr Owen-Jones, Cr Gates, 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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr PJ Young

CARRIED Cr PJ Young did not vote.

Page 35: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 35 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.5

Councillor Name Cr PJ Young

Matter Description Division 5 Discretionary Grants

Meeting Name 794 Council

Meeting Date 27 October 2020

Item Number Item 9 Item Reference

TRACKS‐#77817597‐20‐21‐DIV‐05031 ‐ THE WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND  GOLD COAST AND HINTERLAND BRANCH INC

Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest I am a personal friend of the President and Secretary of the Wildlife Preservation Society Of Queensland Gold Coast And Hinterland Branch Incorporated, which has submitted an application under Council’s Discretionary Grants program for funding from Division 5.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Wildlife Preservation Society Of Queensland Gold Coast And Hinterland Branch Incorporated

The nature of the relationship of the related party to the councillor

I am a personal friend of Ms Sally Spain, who is voluntary President of the WPSQ (GC Branch) Association

The nature of the related party’s interests in the matter

The Association is one of 37 organisations seeking a Discretionary Grant - specifically for ‘Urban Land for Wildlife’

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 36: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 36 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.5 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

There are 37 Division 5 Discretionary Grant applications and I seek to decide the full array in order to achieve a balanced outcome representing the best interests of the broader community of Division 5.

PROCEDURAL MOTION moved Cr Vorster seconded Cr Gates Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr PJ Young may participate in the decision despite the Councillor’s conflict of interest because the friendship is not sufficiently close to be an interest that could reasonably undermine the public interest and due to the discretionary nature of the funds provided for under the legislation. A division was called For: 11 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 O’Neill

Against: 1 Cr Patterson Absent: 0 Abstained 2 Cr Tate, Cr McDonald Did Not Vote 1 Cr PJ Young

CARRIED Cr PJ Young did not vote.

Page 37: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 37 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.6

Councillor Name Cr Vorster

Matter Description

Live Music Venue / “Boutique Stadium” Opportunity

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

A reasonable person may think I could have a personal interest when participating in the decision to support and approve the proposed live music venue and “boutique station” opportunity put to Council given the proximity of the proposed venue to my grandparents’ home.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Francesco and Antonia Bellavia

The nature of the relationship of the related party to the councillor

Grandparents

The nature of the related party’s interests in the matter

Owners of a home overlooking the proposed venue location.

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 38: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 38 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.6 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: My grandparents have no financial interest in the proposal and would not stand to make a gain or suffer a loss whatever Council’s ultimate decision. Their home will be ultimately separated from the proposed venue by a significant waterbody and the development of a 6.7 hectare site. The public would have greater faith in Council’s decision making if it is informed by my participation as the local area Councillor and role overseeing development of the music action plan, etc.

PROCEDURAL MOTION moved Cr PJ Young seconded Cr Caldwell Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Vorster may participate in the decision despite the Councillor’s conflict of interest because the related party stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in the Local Government Area stands to gain or lose. 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 Tozer, Cr Taylor, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

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

CARRIED Cr Vorster did not vote.

Page 39: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 39 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.7

Councillor Name Cr Vorster

Matter Description Surf Life Saving Queensland presence at The Spit

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

A reasonable person may think I could have a personal interest when participating in the decisions about the presence and interests of Surf Life Saving Queensland (SLSQ) at The Spit given my friend, Karly Abbott, is the registered lobbyist for the organisation.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Karly Abbot

The nature of the relationship of the related party to the councillor

Friend

The nature of the related party’s interests in the matter

Ms Abbott represents SLSQ and has sought a meeting

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 40: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 40 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.7 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: Ms Abbott has sought a meeting with the Mayor and me for senior representatives of SLSQ to discuss The Spit Master Plan and its significance to the lifesaving movement. The public interest is served given my experience as the chair of the standing committee responsible for lifeguards and regulatory services and particular interest advocating for better community outcomes in the master plan.

PROCEDURAL MOTION moved Cr PJ Young seconded Cr La Castra Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Vorster may participate in the decision despite the Councillor’s conflict of interest because the public interest is served given Cr Vorster’s experience as the chair of the standing committee responsible for lifeguards and regulatory services and particular interest advocating for better community outcomes in the master plan. 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 Tozer, Cr Taylor, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

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

CARRIED Cr Vorster did not vote.

Page 41: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 41 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.8

Councillor Name Cr Gates

Matter Description Development Matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

Sunland, I did not receive funding from them since 2015

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Sunland

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

11/11/2014 - $2500 donation 11/09/2015 - $2500 donation

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

Cr Gates left the room.

Page 42: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 42 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.9

Councillor Name Cr Gates

Matter Description Development Matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a prescribed conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the prescribed conflict of interest

HomeCorp receipt of donations, with the 2016 donation refunded in full.

If the prescribed conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person HomeCorp

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

26/09/2014 - $2500 08/10/2015 - $2500 28/10/2016 - $2500 – refunded in full.

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

Cr Gates left the room.

Page 43: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 43 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.10

Councillor Name Cr Tate

Matter Description Development Matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

Potential future property transaction with Mr Ron Bakhir, HomeCorp

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Property Developer

The nature of the relationship of the related party to the councillor

Potential Future Business

The nature of the related party’s interests in the matter

Nil

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Elizabeth Ruth Tate

The nature of the relationship of the other person to the councillor or related party

Wife

The nature of the other person’s interests in the matter

Joint Purchaser

The value of the gift or loan, and the date the gift was given or loan was made

Nil

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

PROCEDURAL MOTION moved Cr Tate seconded Cr Patterson That Cr Caldwell chair the meeting.

CARRIED Cr Tate left the room. Cr Caldwell assumed the Chair.

Page 44: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 44 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.11

Councillor Name Cr Owen-Jones

Matter Description Development Matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

Received a donation of $1800 from Sunland Group

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Sunland Group

The nature of the relationship of the related party to the councillor

Donor

The nature of the related party’s interests in the matter

Noted as applicant or a party closely associated with the development application.

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

26/08/2015 - $1800

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I received a contribution 5 years ago which is now a declarable amount rather than a prescribed amount.

Cr Owen-Jones left the room.

Page 45: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 45 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.12

Councillor Name Cr Vorster

Matter Description Development matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

A reasonable person may think I could have a personal interest when participating in decisions concerning multiple development applications at 2 Capital Court, Varsity Lakes given the public comments expressed about me by members of the applicant consortium during an earlier approval process for the site.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Soheil Abedian, Sunland

The nature of the relationship of the related party to the councillor

Reported to hold a negative view of me

The nature of the related party’s interests in the matter

Part of the consortium proposing to develop the site

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

Page 46: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 46 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.12 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: I bear no ill will toward Mr Abedian and have demonstrated an ability to consider development applications at this site solely on planning grounds. My participation in development decisions at this site will maintain public faith that local views are represented in largescale development decisions.

PROCEDURAL MOTION moved Cr PJ Young seconded Cr Patterson Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Vorster may participate in the decision despite the Councillor’s conflict of interest because Cr Vorster has demonstrated an ability to consider development applications at this site solely on planning grounds and participation in development decisions at this site will maintain public faith that local views are represented in largescale development decisions. A division was called For: 11 Cr Hammel, Cr Caldwell, Cr PJ Young, Cr Patterson,

Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Taylor, Cr PC Young, Cr McDonald, Cr O’Neill

Against: 0 Absent: 3 Cr Tate, Cr Gates, Cr Owen-Jones Abstained 0 Did Not Vote 1 Cr Vorster

CARRIED Cr Vorster did not vote. Cr Tate, Cr Gates and Cr Owen-Jones were absent during discussion and voting.

Page 47: Minutes Council Meeting...2020/10/27  · Group Cr Gates 794th Council Meeting 3 Tuesday 27 October 2020 Minutes ITEM SUBJECT 9.9 Development Matters at 2 Capital Court, Varsity Lakes

794th Council Meeting 47 27 October 2020 Minutes

9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.13

Councillor Name Cr Vorster

Matter Description Development matters at 2 Capital Court, Varsity Lakes

Meeting Name 794 Council and other decision-making processes related to the matter above

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

A reasonable person may think I could have a personal interest when participating in decision concerning multiple development applications at 2 Capital Court, Varsity Lakes given the public comments expressed about me by members of the applicant consortium during an earlier approval process for the site.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Ron Bakhir, HomeCorp

The nature of the relationship of the related party to the councillor

Reported to hold a negative view of me

The nature of the related party’s interests in the matter

Part of the consortium proposing to develop the site

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.13 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: I bear no ill will toward Mr Bakhir and have demonstrated an ability to consider development applications at this site solely on planning grounds. My participation in development decisions at this site will maintain public faith that local views are represented in largescale development decisions.

PROCEDURAL MOTION moved Cr Tozer seconded Cr Patterson Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Vorster may participate in the decision despite the Councillor’s conflict of interest because Cr Vorster has demonstrated an ability to consider development applications at this site solely on planning grounds and his participation in development decisions at this site will maintain public faith that local views are represented in largescale development decisions.

A division was called For: 11 Cr Hammel, Cr Caldwell, Cr PJ Young, Cr Patterson,

Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Taylor, Cr PC Young, Cr McDonald, Cr O’Neill

Against: 0 Absent: 3 Cr Tate, Cr Gates, Cr Owen-Jones Abstained 0 Did Not Vote 1 Cr Vorster

CARRIED Cr Vorster did not vote. Cr Tate, Cr Gates and Cr Owen-Jones were absent during discussion and voting. Meeting adjourned at 12:12pm. Meeting reconvened at 12:45pm All Councillors returned to the room. Cr Tate resumed the Chair.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.14

Councillor Name Cr Tozer

Matter Description General Meeting about Pacific View Estate

Meeting Name 794 Full Council Meeting

Meeting Date 27 October 2020

Item Number Not applicable Item Reference Not Applicable Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

Ross Atkins, a person whose interests include a part-share in the major development application known as Pacific View Estate in Worongary bought 10 tickets on 4 April 2016 for his family and friends to a music event I hosted, valued at $5000.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Ross Atkins

The nature of the relationship of the other person to the councillor or related party

Ross Atkins bought tickets to an event hosted by Cr Tozer on 4th April 2016

The nature of the other person’s interests in the matter

Ross Atkins is part owner of an interest in property development known as Pacific View Estate.

The value of the gift or loan, and the date the gift was given or loan was made

10 fully catered front row tickets, valued at a total of $5000, were purchased on 4th April 2016.

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.14 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: Pacific View Estate is a large community development, ultimately impacting more than 10,000 future residents and a significant number of existing residents, requiring public consultation appropriately considered by the elected representatives for the relevant geographical area. The development was been given preliminary approval by the state government in 2014. The tickets were purchased prior to the relevant term addressed in the legislation.

PROCEDURAL MOTION moved Cr Vorster seconded Cr PJ Young Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Tozer may participate in the decision despite the Councillor’s conflict of interest because Cr Tozer has unique knowledge about his division and surrounding area and participation be based on the following conditions:

1 Not participate in delegated decision making processes (this will not exclude participation in

officers briefings).

2 No meetings with the donor.

3 To keep contemporaneous notes of any meetings Cr Tozer may attend about the matter.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr PC Young That the motion lay on the table and be dealt with later in the meeting.

CARRIED This Item was dealt with after Item 15.7

PROCEDURAL MOTION moved Cr PC Young seconded Cr Gates That the motion be taken off the table.

CARRIED Cr Vorster had left the meeting and was absent for discussion and voting.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.14 (Continued)

AMENDMENT moved Cr Gates seconded Cr Owen-Jones Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

1 That despite Cr Tozer’s conflict of interest he be permitted to attend a briefing hosted on the proposed development by Council officers on 28 October 2020, with minutes of the meeting to be available to all interested Councillors.

2 That approval for participation in any further meetings and decision making about the proposed Pacific View Estate development by Cr Tozer be considered at a future Council meeting.

The AMENDMENT became the PROCEDURAL MOTION Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

1 That despite Cr Tozer’s conflict of interest he be permitted to attend a briefing hosted on the proposed development by Council officers on 28 October 2020, with minutes of the meeting to be available to all interested Councillors.

2 That approval for participation in any further meetings and decision making about the proposed Pacific View Estate development by Cr Tozer be considered at a future Council meeting.

A division was called For: 13 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr PJ Young,

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

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

CARRIED Cr Tozer did not vote. Cr Vorster had left the meeting and was absent for discussion and voting.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) This Item was dealt with after Item 15.7 9.15

Councillor Name Cr McDonald Matter Description

2020-21 Discretionary Grants Program

Meeting Name Council Meeting

Meeting Date 27 October 2020

Item Number Item 9 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest I have a close personal relationship with Cliff Giles a Life Member of Palm Beach – Currumbin Cricket Club which has submitted an application for a Discretionary Grant. If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Palm Beach – Currumbin Cricket Club

The nature of the relationship of the related party to the councillor

Close personal relationship

The nature of the related party’s interests in the matter

Cricket club seeking Discretionary Grant

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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9 CONFLICT OF INTEREST DECLARATIONS (Continued) 9.15 (Continued)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: I am confident my personal relationship with Cliff Giles will not interfere with the decision making as the related party does not stand to benefit or suffer a loss in relationship to the matter. PROCEDURAL MOTION moved Cr PJ Young seconded Cr Owen-Jones Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr McDonald may participate in the decision despite the Councillor’s conflict of interest because the interest is sufficiently remote from the subject matter. A division was called For: 13 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr PJ Young,

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

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

CARRIED Cr McDonald did not vote. Cr Vorster had left the meeting and was absent for discussion and voting.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES 10.1 PLANNING AND ENVIRONMENT (1) Cr Caldwell, Chairperson of the Planning and Environment Committee, presented the Minutes of the Meeting of the Planning and Environment Committee (1) held on Wednesday 14 October 2020. RESOLUTION G20.1027.006 moved Cr Gates seconded Cr M Hammel That the Minutes of the Planning and Environment Committee Meeting (1) held on Wednesday 14 October 2020 covered by Recommendations numbered PE20.1014.001 to PE20.1014.006 be received.

CARRIED ITEM 1 SPECIAL DELEGATION ITEM DECIDED BETWEEN THE AUGUST AND SEPTEMBER

2020 PLANNING AND ENVIRONMENT COMMITTEE MEETINGS AND RESPONSE TO PETITION OBJECTING TO THE DEVELOPMENT APPLICATION AT 1 PETRIE STREET, COOLANGATTA – DIVISION 14 PD97/-/-(P18)

Councillor Name Cr Caldwell Matter Description

Item 1

Meeting Name Planning and Environment (1)

Meeting Date 14 October 2020

Item Number Item 1 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Urbis

The nature of the relationship of the related party to the councillor

Hospitality

The nature of the related party’s interests in the matter

Consultant

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Urbis

The nature of the relationship of the other person to the councillor or related party

Provided hospitality

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.1 PLANNING AND ENVIRONMENT (1) (Continued) ITEM 1 SPECIAL DELEGATION ITEM DECIDED BETWEEN THE AUGUST AND SEPTEMBER

2020 PLANNING AND ENVIRONMENT COMMITTEE MEETINGS AND RESPONSE TO PETITION OBJECTING TO THE DEVELOPMENT APPLICATION AT 1 PETRIE STREET, COOLANGATTA – DIVISION 14 (Continued) PD97/-/-(P18)

The nature of the other person’s interests in the matter

Consultant

The value of the gift or loan, and the date the gift was given or loan was made

$500 – within the relevant term

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

The reasons why my participation would improve decision making in the public interest are as follows:

I attended the event in my capacity as Chair of Planning and my personal interest is not in conflict with the broader public interest.

PROCEDURAL MOTION moved Cr Vorster seconded Cr Owen-Jones Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Caldwell may participate in the decision despite the Councillor’s conflict of interest because his experience and input into the decision outweighs the minor conflict declared. A division was called For: 14 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr PJ Young, 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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr Caldwell

CARRIED Cr Caldwell did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.1 PLANNING AND ENVIRONMENT (1) (Continued) ITEM 1 SPECIAL DELEGATION ITEM DECIDED BETWEEN THE AUGUST AND SEPTEMBER

2020 PLANNING AND ENVIRONMENT COMMITTEE MEETINGS AND RESPONSE TO PETITION OBJECTING TO THE DEVELOPMENT APPLICATION AT 1 PETRIE STREET, COOLANGATTA – DIVISION 14 (Continued) PD97/-/-(P18)

RESOLUTION G20.1027.007 moved Cr Gates seconded Cr Owen-Jones

That Committee Recommendation PE20.1014.001 be adopted as printed which reads as follows:-

1 That Council notes the content of this report in relation to the resolution of the development application under special delegation; and

2 That Council notes the content of this report in relation to the petition.

CARRIED Cr Caldwell voted in the positive.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.1 PLANNING AND ENVIRONMENT (1) (Continued) ITEM 2 REPORT ON MATERIAL CHANGE OF USE FOR A RENEWABLE ENERGY FACILITY

(SOLAR FARM) AT 46 GREYHOUND ROAD, GILBERTON - DIVISION 1 MCU201701639 PN160762/01/DA1(P1)

Councillor Name Cr Gates Matter Description

Item 2

Meeting Name Planning and Environment (1)

Meeting Date 14 October 2020

Item Number Item 2 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Makan Holdings – an entity associated with Ormed Investments

The nature of the relationship of the other person to the councillor or related party

Donor

The nature of the other person’s interests in the matter

Lodgement of development applications Item 2 Planning and Environment Committee Meeting Wednesday 14 October 2020

The value of the gift or loan, and the date the gift was given or loan was made

$1250 – 25/02/2008

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.1 PLANNING AND ENVIRONMENT (1) (Continued) ITEM 2 REPORT ON MATERIAL CHANGE OF USE FOR A RENEWABLE ENERGY FACILITY

(SOLAR FARM) AT 46 GREYHOUND ROAD, GILBERTON - DIVISION 1 MCU201701639 (Continued) PN160762/01/DA1(P1)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

Long term knowledge of the area surrounding the site to which the Development Applications relates.

PROCEDURAL MOTION moved Cr Gates seconded Cr Vorster Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Gates may participate in the decision despite the Councillor’s conflict of interest because it was a declarable amount received outside the relevant term and does not create a conflict between the Councillor’s personal interest and the public interest. In addition Cr Gates’ long term knowledge of the area surrounding the site to which the Development Application relates may benefit the decision-making process. A division was called For: 14 Cr Hammel, Cr Owen-Jones, Cr Caldwell, Cr PJ Young,

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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr Gates

CARRIED Cr Gates did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.1 PLANNING AND ENVIRONMENT (1) (Continued) ITEM 2 REPORT ON MATERIAL CHANGE OF USE FOR A RENEWABLE ENERGY FACILITY

(SOLAR FARM) AT 46 GREYHOUND ROAD, GILBERTON - DIVISION 1 MCU201701639 (Continued) PN160762/01/DA1(P1)

RESOLUTION G20.1027.008 moved Cr Gates seconded Cr M Hammel That Committee Recommendation PE20.1014.002 be adopted as printed in the 794 Planning and Environment Committee Meeting Minutes (1).

CARRIED UNANIMOUSLY Cr Gates voted in the positive. ITEM 5 GIFT OF LAND AT STAPYLTON TO CITY OF GOLD COAST

CE196/696/01/05 REPORT CONFIDENTIAL RESOLUTION G20.1027.009 moved Cr Gates seconded Cr M Hammel

That Committee Recommendation PE20.1014.005 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 (4) of the Local Government Act 2009.

2 That Council accept the subject site as a gift, and that it is protected and managed in perpetuity for conservation purposes, subject to and conditional upon Council entering into an agreement with the owners of the land, on terms satisfactory to the Chief Executive Officer.

3 That the Chief Executive Officer be delegated the power to do all things necessary to give effect to the above.

4 That the Mayor and the Deputy Mayor co-sign a letter to the landowners thanking them for their generous gift of land to the City for conservation purposes and liaise with them on the future naming of the parcel of land.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) ADOPTION OF PLANNING AND ENVIRONMENT COMMITTEE MINUTES (1) RESOLUTION G20.1027.010 moved Cr Gates seconded Cr Tozer That the Minutes of the Planning and Environment Committee Meeting (1) held on Wednesday 2020, covered by Recommendations numbered PE20.1014.001 to PE20.1014.006, be adopted with the exception of:- Recommendation Numbers PE20.1014.001

PE20.1014.002 and PE20.1014.005 which were specifically resolved.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.2 TRANSPORT AND INFRASTRUCTURE Cr PC Young, Chairperson of the Transport and Infrastructure Committee, presented the Minutes of the Meeting of the Transport and Infrastructure Committee held on Thursday 15 October 2020. RESOLUTION G20.1027.011 moved Cr PC Young seconded Cr Taylor That the Minutes of the Transport and Infrastructure Committee Meeting held on Thursday 15 October 2020, covered by Recommendations numbered TI20.1015.001 to TI20.1015.009, be received.

CARRIED ITEM 4 CITY OF GOLD COAST LOCAL DISASTER MANAGEMENT PLAN

CS287/298/-(P18) RESOLUTION G20.1027.012 moved Cr Vorster seconded Cr PC Young

That Committee Recommendation TI20.1015.004 be adopted, with an addition of Part 2, such that it reads in its entirety as follows:

1 That Council endorses the City of Gold Coast Local Disaster Management Plan V10 (Attachment 4.1).

2 That the next iteration of the Local Disaster Management Plan contemplate responses to cyber-attacks on critical infrastructure and essential community services.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.2 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 8 COOMERA CONNECTOR

TT1017/113(P2)

Councillor Name Cr Owen-Jones

Matter Description

My principal place of residence is just over 1km away from the proposed Coomera Connector interchange at Coomera. The State of Queensland is currently proposing to commence construction of stage one of the Coomera Connector in 2021. It is expected that the City of Gold Coast will be engaged with the State in regards to this project from time to time.

Meeting Name Transport and Infrastructure

Meeting Date 15 October 2020

Item Number Item 8 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Amanda Owen-Jones

The nature of the relationship of the related party to the councillor

Wife

The nature of the related party’s interests in the matter

Property Ownership

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.2 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 8 COOMERA CONNECTOR (Continued)

TT1017/113(P2)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

That the State of Queensland has recently letterbox dropped 170,000 residents within the catchment area for the Coomera Connector. The Coomera Connector travels through Division 2 and I would estimate that there are several thousand houses within a similar 1km distance to the proposed State road. Accordingly, I do not believe I stand to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss than a significant proportion of persons in the Local Government area stand to gain or lose.

PROCEDURAL MOTION moved Cr Vorster seconded Cr PJ Young Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Owen-Jones may participate in the decision despite the Councillor’s conflict of interest because the matter is captured as it is an ordinary business matter affecting a significant proportion of the local government area. A division was called For: 14 Cr Hammel, Cr Gates, Cr Caldwell, Cr PJ Young, 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: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr Owen-Jones

CARRIED Cr Owen-Jones did not vote. RESOLUTION G20.1027.013 moved Cr Owen-Jones seconded Cr Vorster That Committee Recommendation TI20.1015.008 be adopted as printed which reads as follows:- That the City release the submission to the Department of Transport and Main Roads in relation to the Coomera Connector, and attach a copy to the minutes.

CARRIED

Cr Owen-Jones voted in the positive.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.2 TRANSPORT AND INFRASTRUCTURE (Continued) ITEM 6 CITY FREIGHT NETWORK PLAN

TT1017/113/24(P1) RESOLUTION G20.1027.014 moved Cr M Hammel seconded Cr Caldwell

That Committee Recommendation TI20.1015.006 be adopted as printed which reads as follows:- 1 That the contents of the report be noted.

2 That the updated Freight Network Plan 2020 be endorsed and added as an addendum to the Gold Coast City Freight Plan 2018-2028 on the City’s website and made publicly available.

3 That a 10-year investment schedule be prepared providing a prioritised program of projects that will enhance freight access across the City Freight Network, particularly for 30 metre long high productivity vehicles along the primary freight network and last-kilometre freight movements to and from the Yatala freight area, as well as other industrial areas such as Molendinar and Reedy Creek.

4 That the 10-year investment schedule, as outlined in Recommendation 3 above, be submitted to Council for their consideration in 2021 to inform future budget deliberations.

CARRIED UNANIMOUSLY

ITEM 9 CITY RESPONSE TO THE STATE GOVERNMENTS PROTECTIONS FOR WORLD

SURFING RESERVES IN QUEENSLAND WFB600/655/01

RESOLUTION G20.1027.015 moved Cr Vorster seconded Cr PC Young That Committee Recommendation TI20.1015.009 be adopted, with a change to Item 1, such that it reads in its entirety as follows: 1 That the Mayor write to the Premier and the leader of the opposition noting Council’s

strong opposition to any changes to the Gold Coast World Surfing Reserve outside of its ceremonial designation.

2 That the City prepare a submission reflecting this position and canvassing all other

risks and matters that may be prejudicial to the ratepayer to the State Governments Protections for World Surfing Reserves in Queensland consultation for consideration at the next Transport & Infrastructure Committee on 12 November 2020.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.2 TRANSPORT AND INFRASTRUCTURE (Continued) ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE MINUTES RESOLUTION G20.1027.016 moved Cr PC Young seconded Cr Taylor That the Minutes of the Transport and Infrastructure Committee Meeting of Thursday 15 October 2020, covered by Recommendations numbered TI20.1015.001 to TI20.1015.009, be adopted with the exception of:- Recommendation Numbers TI20.1015.004

TI20.1015.006 TI20.1015.008 and TI20.1015.009 which were specifically resolved.

CARRIED

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY Cr Vorster, Chairperson of the Lifestyle and Community Committee, presented the Minutes of the Meeting of the Lifestyle and Community Committee held on Thursday 15 October 2020. RESOLUTION G20.1027.017 moved Cr Vorster seconded Cr Bayldon-Lumsden That the Minutes of the Lifestyle and Community Committee Meeting held on Thursday 15 October 2020, covered by Recommendations numbered LC20.1015.001 to LC20.1015.010, be received.

CARRIED ITEM 4 COMMUNITY ORGANISATION RECOVERY GRANT PROGRAM REPORT

FN251/275/05(P1)

Councillor Name Cr La Castra

Matter Description Community Organisation Recovery Grants

Meeting Name Lifestyle and Community Committee

Meeting Date 15 October 2020

Item Number Item 4 Item Reference

Pursuant to sections 150EL(3)(a) and 150EL(3)(b) of the Local Government Act 2009, I hereby provide notice that I have a prescribed conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the prescribed conflict of interest

I am a Life Member of the QPCYC which included free membership to QPCYC.

If the prescribed conflict of interest arises for a gift, loan or contract

The value of the gift, loan or contract Approximately $2000 in membership benefits over duration of relevant term.

If the prescribed conflict of interest arises for an application which a submission has been made

The matters the subject of the application and submission

N/A

If there is another entity, other than the councillor, that has an interest in the matter

The name of the other entity N/A

The nature of the councillor’s relationship with the other entity

Life Member

Description of interest in the matter

Councillor’s interest Councillor / Life Member

Other entity’s interest Grant Recipient

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 4 COMMUNITY ORGANISATION RECOVERY GRANT PROGRAM REPORT

FN251/275/05(P1) (Continued) I will leave the meeting and will not participate in a decision relating to the matter. Cr La Castra left the room.

Councillor Name Cr PC Young

Matter Description Community Organisation Recovery Grants

Meeting Name Lifestyle and Community Committee

Meeting Date 15 October 2020

Item Number Item 4 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

I am the voluntary Chairman of Nerang Neighbourhood Centre

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Nerang Neighbourhood Centre

The nature of the relationship of the related party to the councillor

The nature of the related party’s interests in the matter Donation of recovery funding

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

I will leave the meeting and will not participate in a decision relating to the matter. Cr PC Young left the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 4 COMMUNITY ORGANISATION RECOVERY GRANT PROGRAM REPORT

FN251/275/05(P1) (Continued)

Councillor Name Cr Taylor

Matter Description Community Organisation Recovery Grants

Meeting Name Lifestyle and Community Committee

Meeting Date 15 October 2020

Item Number Item 4 Item Reference Pursuant to sections 150EL(3)(a) and 150EL(3)(b) of the Local Government Act 2009, I hereby provide notice that I have a prescribed conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the prescribed conflict of interest

I am a Board Member of the Surfers Paradise AFC

If the prescribed conflict of interest arises for a gift, loan or contract

The value of the gift, loan or contract N/A

If the prescribed conflict of interest arises for an application which a submission has been made

The matters the subject of the application and submission

Grants

If there is another entity, other than the councillor, that has an interest in the matter

The name of the other entity Surfers Paradise AFC

The nature of the councillor’s relationship with the other entity

Board Member

Description of interest in the matter

Councillor’s interest Board Member

Other entity’s interest Received Grant Funding

I will leave the meeting and will not participate in a decision relating to the matter. Cr Taylor left the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 4 COMMUNITY ORGANISATION RECOVERY GRANT PROGRAM REPORT

FN251/275/05(P1) (Continued) RESOLUTION G20.1027.018 moved Cr O’Neill seconded Cr Vorster That Committee Recommendation LC20.1015.004 be adopted as printed which reads as follows:- 1 That the report on the results of the Community Organisation Recovery Grant

Program be received.

2 That the remaining unspent funds of $23,383.74 be contributed to Community Centre Fee Relief (CS4760 Community Centres).

3 That Council contribute any unspent or uncommitted funds returned through the acquittal process to the Gold Coast Community Fund in accordance with the Community Grants policy.

CARRIED UNANIMOUSLY

Cr La Castra, Cr PJ Young and Cr Taylor were absent during discussion and voting. Cr La Castra, Cr PJ Young and Cr Taylor returned to the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 9 LIFE EDUCATION CENTRE COMMUNITY FACILITY LEASES

PN285202/20/02(P5)

Councillor Name Cr Gates

Matter Description Leasehold facilities for Placemakers

Meeting Name Lifestyle and Community Committee

Meeting Date 15 October 2020

Item Number Item 9 Item Reference Pursuant to sections 150EL(3)(a) and 150EL(3)(b) of the Local Government Act 2009, I hereby provide notice that I have a prescribed conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the prescribed conflict of interest

Receipt of donation totalling $2500 on 10/10/2016 from Hickey Management. Tony Hickey is now the Chairman of Placemakers.

If the prescribed conflict of interest arises for a gift, loan or contract

The value of the gift, loan or contract $2500

If the prescribed conflict of interest arises for an application which a submission has been made

The matters the subject of the application and submission

If there is another entity, other than the councillor, that has an interest in the matter

The name of the other entity

The nature of the councillor’s relationship with the other entity

Description of interest in the matter

Councillor’s interest Receipt of $2500 on 10/10/2016

Other entity’s interest Placemakers entity is mentioned within the report regarding leasehold opportunity for the entity.

I will leave the meeting and will not participate in a decision relating to the matter. Cr Gates left the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 9 LIFE EDUCATION CENTRE COMMUNITY FACILITY LEASES

PN285202/20/02(P5) (Continued) RESOLUTION G20.1027.019 moved Cr PJ Young seconded Cr Vorster

That the Officer’s Recommendation be adopted with the addition of parts 6 and 7, such that it 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 (4) of the Local Government Act 2009.

2 That having regard to the exemption provisions of section 236 of the Local Government

Regulation, a grant of a lease to Life Education Foundation Queensland over part of the Life Education Centre be made in priority with the lease to be on the terms set out in the Heads of Agreement or as otherwise agreed to the satisfaction of the CEO (Director Lifestyle and Community).

3 That having regard to the exemption provisions of section 236 of the Local Government

Regulation, a grant of a lease to Placemakers Gold Coast Ltd over part of the Life Education Centre be made in priority with the lease to be on the terms set out in the Heads of Agreement or as otherwise agreed to the satisfaction of the CEO (Director Lifestyle and Community).

4 That having regard to the exemption provisions of section 236 of the Local Government

Regulation, that a lease be granted to a suitable community organisation following a public expression of interest process on similar terms if existing leases are relinquished or terminated.

5 That the CEO (Manager Property Services) be authorised to execute the leases

contemplated in items 2, 3 and 4 above. 6 That the proposed Heads of Agreement with Placemakers Gold Coast Ltd is amended to

reflect that any sub-licensing from Placemakers Gold Coast Ltd to other entities is at a rate no more than the rate per square meter that they pay to the City and that all sub-licences must be approved by the City’s CEO (Director Lifestyle and Community) prior to execution.

7 That the proposed Heads of Agreement with both Placemakers Gold Coast Ltd and Life

Education Foundation Queensland is amended to reflect that the multi-purpose room will be managed by the City.

CARRIED UNANIMOUSLY

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

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ITEM 5 BUSHFIRE MANAGEMENT IN THE CITY’S NATURAL AREAS

CS433/408/13(P4) RESOLUTION G20.1027.020 moved Cr Vorster seconded Cr Owen-Jones That Committee Recommendation LC20.1015.005 be adopted, with the addition of Part 6c, such that it reads in its entirety as follows: 1 That Council notes the outcomes of the Inspector General Emergency Management

Queensland Bushfires Review Report 2: 2019-20. 2 That Council notes that the Inspector General Emergency Management report identifies

the need for more skilled resources and increases to hazard reduction burning, which is contradictory to the decision by Queensland Fire Emergency Services to close the Training and Emergency Management Unit.

3 That the participation of City officers in the Gold Coast Area Fire Management Group is

supported. 4 That Council note no response has been received from the Premier of Queensland in

reply to the City’s advice that the Queensland Government’s decision not to continue the 13 year partnership between the City and the Queensland Fire and Emergency Services (QFES) is flawed and significantly elevates the risks to life and property on the Gold Coast.

5 That a copy of the reply from the Queensland Opposition Leader is made public and

attached to the report. 6 That the Mayor write to the incoming Queensland Government re-confirming the City’s

concerns about:

a Contradictions in the report regarding the need for more skilled resources and increased hazard reduction burns being at odds with QFES no longer continuing its bushfire risk management partnership with the City.

b The critical gap in the review with regard to the fundamental importance of

planning instruments and building design standards. c The strong view that the emergency management levy should be levied at an

appropriate rate so as to cover the operating costs of rural fire brigades.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.3 LIFESTYLE AND COMMUNITY (Continued) ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE MINUTES RESOLUTION G20.1027.021 moved Cr Vorster seconded Cr Bayldon-Lumsden That the Minutes of the Lifestyle and Community Committee Meeting of Thursday 15 October 2020, covered by Recommendations numbered LC20.1015.001 to LC20.1015.010, be adopted with the exception of:- Recommendation Numbers LC20.1015.004

LC20.1015.005 and LC20.1015.009 which were specifically resolved.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.4 WATER, WASTE AND ENERGY Cr O'Neill, Chairperson of the Water, Waste and Energy Committee, presented the Minutes of the Meeting of the Water, Waste and Energy Committee held on Wednesday 21 October 2020. RESOLUTION G20.1027.022 moved Cr O’Neill seconded Cr McDonald That the Minutes of the Water, Waste and Energy Committee Meeting held on Wednesday 21 October 2020, covered by Recommendations numbered WWE20.1021.001 to WWE20.1021.009 be received.

CARRIED ITEM 6 SPRINGBROOK GROUNDWATER INVESTIGATION

WFB600/259/- RESOLUTION G20.1027.023 moved Cr McDonald seconded Cr Tozer

That Committee Recommendation WWE20.1021.006 be adopted as printed which reads as follows:- 1 That Council notes the outcomes from the Springbrook Groundwater Investigation

Stage 1.

2 That Council endorse delivery of Stage 2 of the Springbrook Groundwater Investigation Project in partnership with the stakeholders identified in this report.

3 That Council support the development of groundwater policy in a staged approach:

a The Mayor writes to the Minister Natural Resources Mines and Energy to support changing the Water Plan (Gold Coast) 2006 to improve the regulation of groundwater in our region.

b The City works with DNRME representatives to strengthen the regulation of groundwater in the Water Plan (Gold Coast) and the City Plan.

CARRIED UNANIMOUSLY

ADOPTION OF THE WATER, WASTE AND ENERGY COMMITTEE MINUTES RESOLUTION G20.1027.024 moved Cr O’Neill seconded Cr La Castra That the Minutes of the Water, Waste and Energy Committee Meeting of Wednesday 21 October 2020, covered by Recommendations numbered WWE20.1021.001 to WWE20.1021.009, be adopted with the exception of Recommendation Number WWE20.1021.006 which was specifically resolved.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.5 ECONOMY, TOURISM AND EVENTS Cr La Castra, Chairperson of the Economy, Tourism and Events Committee, presented the Minutes of the Meeting of the Economy, Tourism and Events Committee held on Wednesday 21 October 2020. RESOLUTION G20.1027.025 moved Cr La Castra seconded Cr Tozer That the Minutes of the Economy, Tourism and Events Committee Meeting held on Wednesday 21 October 2020, covered by Recommendations numbered ETE20.1021.001 to ETE20.1021.008 be received.

CARRIED

Cr Vorster left the room.

ITEM 3 STUDY GOLD COAST SIX MONTHLY UPDATE ENDING 30 JUNE 2020 PD330/398/-(P22)

RESOLUTION G20.1027.026 moved Cr La Castra seconded Cr Tozer That Committee Recommendation ETE20.1021.003 be adopted as printed which reads as follows:- 1 That Council note the Study Gold Coast six monthly update report as at 30 June 2020

as a requirement of its Funding Agreement with Council.

2 That Council notes the updated draft Study Gold Coast Education City Strategy 2020-2024.

3 That the Chief Executive Officer be authorised to negotiate and execute a three year extension to the current one year funding agreement with the Gold Coast Education and Training Network (trading as Study Gold Coast).

CARRIED UNANIMOUSLY

Cr Vorster was absent during discussion and voting.

Cr Vorster returned to the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.5 ECONOMY, TOURISM AND EVENTS (Continued) ITEM 5 NOMINATIONS FOR DESTINATION GOLD COAST BOARD OF DIRECTORS

PD330/99/02(P10) REPORT CONFIDENTIAL

CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Patterson That Council move into Closed Session pursuant to section 254J (3) of the Local Government Regulation 2012, for consideration of the following item for the reason shown:-

Item Subject Reason

5 Nominations for Destination Gold Coast Board of Directors

Negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government

CARRIED PROCEDURAL MOTION moved Cr Caldwell seconded Cr Owen-Jones That the Council move into Open Session.

CARRIED Following resumption into Open Session Item 5, was moved and carried as shown as follows. RESOLUTION G20.1027.027 moved Cr Vorster seconded Cr La Castra That Committee Recommendation ETE20.1021.005 be not adopted, but in lieu thereof the Officers Recommendation be adopted such that it 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 (4) of the Local Government Act 2009.

2 That the Council endorse Mr Paul Donovan and Mr Nick Scott as Council’s nominees for Director Positions on the Board of Destination Gold Coast for a period of two years.

3 That Destination Gold Coast is advised of Council’s two nominees.

4 That the Mayor writes to the Destination Gold Coast Board thanking the Board for their contribution to the City.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.5 ECONOMY, TOURISM AND EVENTS (Continued) Cr Vorster left the room.

ITEM 6 INVESTMENT ATTRACTION PROGRAM PD330/275/01(P10) REPORT CONFIDENTIAL

RESOLUTION G20.1027.028 moved Cr Tozer seconded Cr La Castra That Committee Recommendation ETE20.1021.006 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 (4) of the Local Government Act 2009.

2 That Council approves the allocation of up to $111,000 from the Investment Attraction Program to the company identified in 5.1.1 of the report based on:

a Return on investment; b Economic impact for the business community.

3 That Council approve an incentive grant of $250,000 (ex GST) from the Investment

Attraction Program to the applicant identified in 5.2.1 of the report based on:

a Return on investment; b Economic impact to the film, tourism and commercial sectors; c The ability for the production to reach a large global audience and enhancing the

Gold Coast’s reputation as a safe production location.

4 That both agreements be funded from Council’s Economic Development and Tourism budget centre PE5370O001, CC1006418 subject to and conditional upon the companies entering into Funding Agreements on terms satisfactory to the Chief Executive Officer.

5 That Council endorse $1,000,000 be transferred from the Strategic Priorities Reserve from funds held in reserve for the purpose of Economic Stimulus and Recovery Package to the Investment Attraction Program budget PE5370O001, Cost Centre 1006418 to allow for continued attraction of business, sport and film opportunities.

CARRIED Cr Vorster was absent during discussion and voting.

Cr Vorster returned to the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.5 ECONOMY, TOURISM AND EVENTS (Continued) ADOPTION OF THE ECONOMY, TOURISM AND EVENTS COMMITTEE MINUTES

RESOLUTION G20.1027.029 moved Cr La Castra seconded Cr Tozer That the Minutes of the Economy, Tourism and Events Committee Meeting of Wednesday 21 October 2020, covered by Recommendations numbered ETE20.1021.001 to ETE20.1021.008, be adopted with the exception of:- Recommendation Numbers ETE20.1021.003

ETE20.1021.005 and ETE20.1021.006 which were specifically resolved.

CARRIED

Meeting adjourned at 15:03pm Meeting reconvened at 16:09pm

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) Cr Caldwell, Chairperson of the Planning and Environment Committee, presented the Minutes of the Meeting of the Planning and Environment Committee (2) held on Thursday 22 October 2020. RESOLUTION G20.1027.030 moved Cr Gates seconded Cr PJ Young That the Minutes of the Planning and Environment Committee Meeting (2) held on Thursday 22 October 2020 covered by Recommendations numbered PE20.1022.001 to PE20.1022.005 be received.

CARRIED ITEM 2 HERITAGE CODE PROVISIONS AMENDMENT FOR INCLUSION IN FUTURE CITY

PLAN CE116/60/53(P1)

Councillor Name Cr Caldwell

Matter Description Item 2

Meeting Name Planning and Environment Committee Meeting

Meeting Date 22 October 2020

Item Number Item 2 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

Receipt of Hospitality

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Urbis

The nature of the relationship of the related party to the councillor

Hospitality

The nature of the related party’s interests in the matter

Consultant

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Urbis

The nature of the relationship of the other person to the councillor or related party

Provided hospitality

The nature of the other person’s interests in the matter

Consultant

The value of the gift or loan, and the date the gift was given or loan was made

$500

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 2 HERITAGE CODE PROVISIONS AMENDMENT FOR INCLUSION IN FUTURE CITY

PLAN (Continued) CE116/60/53(P1)

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: I attended the event in my capacity as Chair of Planning and my personal interest is not in conflict with the broader public interest. PROCEDURAL MOTION moved Cr Gates seconded Cr PJ Young Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

That it is in the public interest that Cr Caldwell participates in the decision and votes on the matter because of the Councillor’s experience and therefore a reasonable person would trust that there is no conflict between the interest of the donor and that of the public. A division was called For: 13 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr PJ Young,

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

Against: 0 Absent: 0 Abstained 0 Did Not Vote 2 Cr Caldwell, Cr PC Young

CARRIED

Cr Caldwell and Cr PC Young did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 2 HERITAGE CODE PROVISIONS AMENDMENT FOR INCLUSION IN FUTURE CITY

PLAN (Continued) CE116/60/53(P1)

Councillor Name Cr PC Young

Matter Description Item 2

Meeting Name Planning and Environment Committee Meeting

Meeting Date 22 October 2020

Item Number Item 2 Item Reference

Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

The management agent of the property is by brother.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Adam Young

The nature of the relationship of the related party to the councillor

Brother

The nature of the related party’s interests in the matter

Manager of the property

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person N/A

The nature of the relationship of the other person to the councillor or related party

N/A

The nature of the other person’s interests in the matter

N/A

The value of the gift or loan, and the date the gift was given or loan was made

N/A

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 2 HERITAGE CODE PROVISIONS AMENDMENT FOR INCLUSION IN FUTURE CITY

PLAN (Continued) CE116/60/53(P1)

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

I have no direct or indirect financial interest in her brother’s interest.

PROCEDURAL MOTION moved Cr Tate seconded Cr Owen-Jones Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

That it is in the public interest that Cr PC Young participates in the decision and votes on the matter because of the Councillor’s experience and connection to the area, and therefore a reasonable person would trust that the final decision is made in the public interest. A division was called For: 13 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr PJ Young,

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

Against: 0 Absent: 0 Abstained 0 Did Not Vote 2 Cr Caldwell, Cr PC Young

CARRIED

Cr Caldwell and Cr PC Young did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 2 HERITAGE CODE PROVISIONS AMENDMENT FOR INCLUSION IN FUTURE CITY

PLAN (Continued) CE116/60/53(P1)

RESOLUTION G20.1027.031 moved Cr Owen-Jones seconded Cr PJ Young That Committee Recommendation PE20.1022.002 be adopted as printed which reads as follows:- 1 That the proposed changes to the heritage code provisions including the revised

Heritage Overlay Code and maps, a new Heritage management City Plan Policy and associated City Plan amendments as per Attachments A are endorsed.

2 That the proposed changes to the heritage provisions including the revised Heritage

Overlay Code and maps, a new Heritage management City Plan Policy and associated City Plan amendments as per Attachments A are endorsed for inclusion in a future major update amendment package.

3 That the Chief Executive Officer be authorised to make minor, administrative, or

editorial changes to the draft City Plan policy and City Plan amendments in resolution 1 as required, prior to State interest review and public consultation.

CARRIED BY SUPER MAJORITY

Cr Caldwell and Cr PC Young voted in the positive. Cr Gates and Cr Hammel requested that their votes in the negative be recorded.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 1 REVIEW OF THE OPEN SPACE PRESERVATION LEVY LAND ACQUISITION POLICY

– PHASE 3 CE196/696/01/06(P2)

RESOLUTION G20.1027.032 moved Cr Owen-Jones seconded Cr Gates

That Committee Recommendation PE20.1022.001 be adopted as printed which reads as follows:- 1 That Council adopt the Natural Areas Acquisition Policy (Attachment 1) in place of the

Open Space Preservation Levy (OSPL) Land Acquisition Policy – Phase 3 (Attachment 2).

2 That Council support the activation and implementation of the Natural Areas Acquisition Program, guided by the Natural Areas Acquisition Policy.

3 That a draft priority acquisition list be presented to Special Budget Committee Meeting as part of Council’s annual budget deliberations.

4 That Council consider a dedicated budget to fund the implementation of the Natural Areas Acquisition Program as part of the 2021-22 budget process.

5 That funding for land acquisition, including joint acquisition between asset network owners and the Open Space Including Koala Habitat, Maintenance and Enhancement Separate Charge, be considered where important sites for acquisition become available, with reports presented for Council’s consideration on these opportunities.

6 That the acquisition program be reported on annually to the Planning and Environment Committee.

CARRIED UNANIMOUSLY

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PD98/1132/29/02(P1)

Councillor Name Cr Vorster Matter Description

Item 5

Meeting Name Planning and Environment Committee Meeting

Meeting Date 22 October 2020

Item Number Item 5 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

My parents who are a close associate own a property within the Labrador targeted growth area which is this subject of the proposed general business item.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Hermann and Anna Vorster

The nature of the relationship of the related party to the councillor

Parents

The nature of the related party’s interests in the matter

Owners of a property in the Labrador targeted growth area

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person Hermann and Anna Vorster

The nature of the relationship of the other person to the councillor or related party

Parents and electoral donor

The nature of the other person’s interests in the matter

Owners of a property in the Labrador targeted growth area

The value of the gift or loan, and the date the gift was given or loan was made

Donations in excess of $2000.00 were received outside the relevant period. 18/09/2015 - $50 01/03/2016 - $5000 02/03/2016 - $2500

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

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PD98/1132/29/02(P1) (Continued)

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

The General Business item deals with a range of public policy positions which cumulatively affect the entire local government area and public interest is best served with my input as a long standing member of the relevant committee.

PROCEDURAL MOTION moved Cr Caldwell seconded Cr Gates Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

That it is in the public interest that Cr Vorster participates in the decision and votes on the matter because of the Councillor’s experience and therefore a reasonable person would trust that the decision will be made in the public interest as the matter affects a significant portion of the local government area. 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 Tozer, Cr Taylor, Cr PC Young, Cr McDonald, Cr O’Neill, Cr Tate

Against: 0 Absent: 0 Abstained 0 Did Not Vote 1 Cr Vorster CARRIED Cr Vorster did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 5 SCENARIO TESTING – MAJOR UPDATE 2 & 3 AMENDMENT PACKAGE

PD98/1132/29/02(P1) (Continued) RESOLUTION G20.1027.033 moved Cr Caldwell seconded Cr M Hammel That Committee Recommendation PE20.1022.004 be adopted, with a change to Parts 3a and h and deletion of Part k, such that it reads in its entirety as follows: 1 That Council notes the components of Major Update 2 & 3 Amendment Package each

affect a significant proportion of the Local Government Area.

2 That the Memorandum - Scenario Testing-Major update 2 & 3 amendment package be noted.

3 The following key observations form the basis for a refinement of the Major update 2 & 3 amendment package to better align with the endorsed policy intent and to improve clarity for development assessment purposes:

a The trigger to impact assessment within targets growth areas be reviewed with a view to limiting the trigger to tower site cover only, providing the basement does not exceed ground level by 1m at any point;

b That the impact trigger for site cover be supported with additional assessment provisions including adding wording to the strategic framework;

c Review heights in the targeted growth areas to transition heights having regard to topography, road widths and the desired neighbourhood and streetscape character;

d Review provisions to ensure sufficient deep planting requirements can be delivered to provide sub-tropical streetscapes;

e the requirement for Centre zone development to be setback from existing residential activities be reviewed;

f strengthen the regulation around ensuring the top 2m of a Low-medium density residential zone development is only focused on multiple dwellings (and does not apply to other land uses, such as dual occupancies and dwelling houses) and is only referenced in the Acceptable outcome;

g the Transition area within the Light rail urban renewal area overlay restricts active commercial frontages at the front boundary and does not align with the intent of commercial zones (e.g. Mixed use zone) located within this area;

h Setback and site cover provisions are important for Transition areas that have an HX building height designation in the Light Rail urban renewal area overlay code;

i Setback provisions refer to orientating design to respond to other towers (existing and approved), which provides a first-in-best dressed approach that does not consider impacts to the development potential on the other sites;

j there is uncertainty about the term ‘tower’, as it is not defined;

k greater clarity is needed in the setback performance outcome to promote separation distances increasing for taller buildings as a whole, rather than the setbacks gradually increasing with height;

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.6 PLANNING AND ENVIRONMENT (2) (Continued) ITEM 5 SCENARIO TESTING – MAJOR UPDATE 2 & 3 AMENDMENT PACKAGE

PD98/1132/29/02(P1) (Continued)

l greater clarity is needed on the role of the site context and urban design performance outcome and its relationship with the site cover and setback provisions including the applicability of the Site Context and Urban Design Policy (it is currently applicable even if a development fully complies with acceptable outcomes for site cover and setbacks) and the applicable statutory notes;

m the density provisions that apply to increased density now only consider infrastructure capacity rather than proximity to services, employment as previously required;

n in the Centre zone, above ground parking is achievable for commercial development, but not residential development;

o Review of building setback requirements for buildings over 9 metres in the low to medium density residential zone; and

p Undertake any consequential changes as a result of the above to ensure policy clarity and implementation.

4 The review and any recommended drafting changes to the Major update 2 & 3 amendment package be brought back to Planning and Environment Committee in February 2021.

5 That a fourth round of public consultation be undertaken if required for the Major update 2 & 3 amendment package in relation to any significantly different changes.

CARRIED UNANIMOUSLY

Cr Vorster voted in the positive. ADOPTION OF PLANNING AND ENVIRONMENT COMMITTEE MINUTES (2) RESOLUTION G20.1027.034 moved Cr Caldwell seconded Cr Gates That the Minutes of the Planning and Environment Committee Meeting (2) held on Thursday 22 October 2020, covered by Recommendations numbered PE20.1022.001 to PE20.1022.005, be adopted with the exception of:- Recommendation Numbers PE20.1022.001

PE20.1022.002 and PE20.1022.004 which were specifically resolved.

CARRIED UNANIMOUSLY

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION Cr Owen-Jones, Chairperson of the Governance and Administration Committee, presented the Minutes of the Meeting of the Governance and Administration Committee held on Thursday 22 October 2020. RESOLUTION G20.1027.035 moved Cr Owen-Jones seconded Cr Patterson That the Minutes of the Governance and Administration Committee Meeting held on Thursday 22 October 2020 covered by Recommendations numbered GA20.1022.001 to GA20.1022.012 be received.

CARRIED ITEM 6 COMMUNITY GRANTS REPORT 2020-21 (2)

FN251/275/01/10(P1) Cr Vorster and Cr La Castra left the room.

Councillor Name Cr PJ Young

Matter Description Community Grants Report

Meeting Name Governance and Administration

Meeting Date 22 October 2020

Item Number 6 Item Reference Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

I am a personal friend of the Chairman of the Nerang Celebrates Christmas organising committee. The report recommends an increase in the Division 5 funding allocation to the event to counter additional costs associated with COVID-19 requirement.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Peter Cardona

The nature of the relationship of the related party to the councillor

Friend

The nature of the related party’s interests in the matter

Mr Cardona Is Chairman of the voluntary group, who elected him into the position

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

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FN251/275/01/10(P1) The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: Mr Cardona has no personal interest in the issue of funding for the event. He and the organising committee contribute their time and energy to deliver a quality Christmas experience that the broader community can attend and enjoy free of charge. I initiated this event many years ago and it is important that the committee and community can see I am representing their interests in securing the funding necessary to deliver this event. I have an inherent knowledge of the event and its operational challenges.

PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Patterson Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr PJ Young may participate in the decision despite the Councillor’s conflict of interest because it is in the community’s interest and the disclosed interest is remote. A division was called For: 12 Cr Hammel, Cr Owen-Jones, Cr Gates, Cr Caldwell,

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

Against: 0 Absent: 2 Cr La Castra, Cr Vorster Abstained 0 Did Not Vote 1 Cr PJ Young

CARRIED Cr PJ Young did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 6 COMMUNITY GRANTS REPORT 2020-21 (2) (Continued)

FN251/275/01/10(P1) RESOLUTION G20.1027.036 moved Cr Owen-Jones seconded Cr Tozer That Committee Recommendation GA20.1022.005 be adopted, with a change to Part 4A, such that it reads in its entirety as follows: 1 That the community grant recommendations for the Community Grants Program

2020-21 (Round 1) be allocated as detailed in Attachment 1 to this Report to take into account other community grants programs for hardship and recovery that were offered by Council in response to COVID-19 to ensure a broader distribution of the Grants Program.

2 That the Gold Coast Community Legal Centre & Advice Bureau Inc. be advised that funding of its leasing costs will no longer be provided pursuant to G09.0615.026 and instead it will be required to submit an application for community grant funding in accordance with the provisions of Council’s Community Grants Policy.

3 That Council approve the proposed amendments to the 2020-21 City budget (Divisional Allocations) as submitted by Divisional Offices outlined in Attachment 2, pursuant to section 170(3) of the Local Government Regulation 2012.

4 That subject to (3) above, Council specifically resolves (in addition to those funding recommendations in (1) above) to enter into the following Multiple Year Funding Agreements in accordance with the provisions of its Community Grants Policy:

a Currumbin Wildlife Hospital Ltd (commencing on 1 December 2020 and expiring 30 June 2024) in the amount of $37,000 per year, noting that funds will be transferred from the Divisional Allocation Budgets for Divisions 3, 5, 8, 12, 13 and 14 to Community Grants CC1007495 in order to fund this Agreement;

b Watergum Community Inc. (commencing on 1 December 2020 and expiring 30 June 2024) in the amount of $3,000 per year, noting that funds will be transferred from the Divisional Allocation Budget for Divisions 5 to Community Grants CC1007495 in order to fund this Agreement; and

c Veterans Care Association Inc. (commencing on 1 December 2020 and expiring 30 June 2024) in the amount of $2,500 per year, noting that funds will be transferred from the Divisional Allocation Budget for Divisions 5 to Community Grants CC1007495 in order to fund this Agreement.

5 That the Community Facility Grants detailed in Attachment 5 be endorsed.

6 That the assessment criteria in the Community Grants Policy be reviewed prior to the 2021-22 Program, together with eligibility of schools as a recipient of funding under the Program.

CARRIED

Cr PJ Young voted in the positive. Cr Gates requested that her vote in the negative be recorded. Cr La Castra and Cr Vorster were absent during voting and discussion. Cr La Castra and Cr Vorster returned to the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 10 CONTRACT NO. LG314/1185/20/034 – MANAGED PRINT SERVICES

LG314/1185/20/034(P1) Councillor Name Cr Owen Jones

Matter Description Item 10 - Contract No. LG314/1185/20/034 – Managed Print Services

Meeting Name Governance and Administration

Meeting Date 22 October 2020

Item Number 10 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

Friendship with Director of offerer

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Col Wheeler

The nature of the relationship of the related party to the councillor Friendship

The nature of the related party’s interests in the matter Director Document Solutions

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows:

I 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 matter is minor in nature.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 10 CONTRACT NO. LG314/1185/20/034 – MANAGED PRINT SERVICES

LG314/1185/20/034(P1) (Continued) PROCEDURAL MOTION moved Cr Tozer seconded Cr PJ Young Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Owen-Jones may participate in the decision despite the Councillor’s conflict of interest because the friendship is not sufficiently close to be an interest that could reasonably undermine the public interest. A division was called. For 13 Cr Hammel, Cr Gates, Cr Caldwell, Cr PJ Young,

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

Against 0 Abstained 0 Absent 0 Did Not Vote 2 Cr Owen-Jones, Cr Taylor

CARRIED Cr Owen-Jones and Cr Taylor did not vote.

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794th Council Meeting 94 27 October 2020 Minutes

10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 10 CONTRACT NO. LG314/1185/20/034 – MANAGED PRINT SERVICES

LG314/1185/20/034(P1) (Continued) Councillor Name Cr Taylor

Matter Description Item 10 - Contract No. LG314/1185/20/034 – Managed Print Services

Meeting Name Governance and Administration

Meeting Date 22 October 2020

Item Number 10 Item Reference Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows:

Nature of the declarable conflict of interest

Friend with Director Alan Thompson

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Alan Thompson

The nature of the relationship of the related party to the councillor Friendship

The nature of the related party’s interests in the matter Director of Document Solutions

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

Cr Taylor left the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 10 CONTRACT NO. LG314/1185/20/034 – MANAGED PRINT SERVICES

LG314/1185/20/034(P1) (Continued) RESOLUTION G20.1027.037 moved Cr Patterson seconded Cr Vorster That Committee Recommendation GA20.1022.009 be adopted as printed which reads as follows:- 1 That the confidential memorandum titled ‘Managed Print Services Procurement

Recommendation Review’ of 15 October 2020 from the Director Organisational Services to the Mayor and all Councillors be attached to the report and 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 (4) of the Local Government Act 2009.

2 That Council accepts the Schedule of Rates (excl GST) offer submitted without rise and fall, to establish preferred supplier arrangement for LG314/1185/20/034 - Provision of Managed Print Services with Document Solutions Australia Pty Ltd for a period of 36 months with two by one year extension options.

3 That it be noted that, if all options are taken up, the arrangement will require funding over six financial years and that similar budgets to that approved for the 2020-21 financial year will be submitted for approval by the Business and Innovation and Technology Services branch (BITS) in each of the five subsequent financial years. The total expenditure over the contract period, and the two by one year extension options, is anticipated to be $3,866,000. Funding will be allocated from Responsibility Centres OS6880C009 and Budget Centre 62643.

A division was called. For 11 Cr M Hammel, Cr Gates, Cr PJ Young, Cr Patterson,

Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Vorster, Cr PC Young, Cr McDonald, Cr O’Neill

Against 2 Cr Tate, Cr Caldwell Abstained 1 Cr Owen-Jones Absent 1 Cr Taylor Did Not Vote 0

CARRIED Cr Owen-Jones abstained from voting. Cr Taylor was absent during discussion and voting. Cr Taylor returned to the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 11 APPLICATION FOR SURRENDER OF LEASE AND GRANT OF NEW LEASE -

FIDANTE PARTNERS SERVICES LIMITED - COUNCIL LAND FRONTING THE PARADISE CENTRE SURFERS PARADISE PN63950/20/02/CF(P1) REPORT CONFIDENTIAL

Councillor Name Cr Tate

Matter Description Application for surrender lease and grant of new lease – Council land fronting the Paradise Centre, Surfers Paradise

Meeting Name Council Meeting 794

Meeting Date 27 October 2020

Item Number 10.7 (Item 11) Item Reference PN63950/20/02/CF(P1) Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the declarable conflict of interest

I am a Director and Shareholder of companies that own land in the vicinity.

If the declarable conflict of interest arises because of the councillor’s relationship with a related party

The name of the related party Crestden Pty Ltd and Silk Mercantile Pty Ltd

The nature of the relationship of the related party to the councillor

I am a Director and Shareholder of the companies

The nature of the related party’s interests in the matter

Crestden Pty Ltd owns 50% of lot 2, 70 Remembrance Drive Surfers Paradise. Silk Mercantile Pty Ltd, as Trustee for the TPM Construction Pty Ltd Superannuation Fund Trust owns 50% of Lot 35, Lot 342 and Lot 5 at 61 Peninsular Drive Surfers Paradise

If the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person

The name of the other person

The nature of the relationship of the other person to the councillor or related party

The nature of the other person’s interests in the matter

The value of the gift or loan, and the date the gift was given or loan was made

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 11 APPLICATION FOR SURRENDER OF LEASE AND GRANT OF NEW LEASE -

FIDANTE PARTNERS SERVICES LIMITED - COUNCIL LAND FRONTING THE PARADISE CENTRE SURFERS PARADISE (Continued) PN63950/20/02/CF(P1) REPORT CONFIDENTIAL

Note: In accordance with the Model Meeting Procedures, Councillors should provide sufficient detail to allow eligible councillors to make an informed decision about how best to manage the declarable conflict of interest in the public interest.

I am voluntarily deciding not to participate in making a decision about the matter.

I am seeking permission to participate in making a decision about the matter.

The reasons why my participation would improve decision making in the public interest are as follows: Given my interests are similar to approximately 1000 other property owners nearby the relevant site I believe the interest to be minor in nature.

PROCEDURAL MOTION moved Cr Vorster seconded Cr Owen-Jones Pursuant to section 150ES(3)(b) of the Local Government Act 2009, Council resolves that:

Cr Tate may participate in the decision despite the Councillor’s conflict of interest because there is no conflict between the interest as described and that of the public and that public interest is served with the insight offered by the Councillor given his long standing connection to Surfers Paradise. A division was called For: 13 Cr M Hammel, Cr Owen-Jones, Cr Caldwell, Cr PJ Young,

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

Against: 0 Absent: 0 Abstained 0 Did Not Vote 2 Cr Tate, Cr Gates

CARRIED In accordance with section 150ES(3)(b) of the Local Government Act 2009, Cr Tate and Cr Gates did not vote.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 11 APPLICATION FOR SURRENDER OF LEASE AND GRANT OF NEW LEASE -

FIDANTE PARTNERS SERVICES LIMITED - COUNCIL LAND FRONTING THE PARADISE CENTRE SURFERS PARADISE (Continued) PN63950/20/02/CF(P1) REPORT CONFIDENTIAL

Councillor Name Cr Gates

Matter Description Item 11 – Application for Surrender of Lease and Grant of New Lease

Meeting Name Governance and Administration Committee

Meeting Date 22 October 2020

Item Number Item 11 Item Reference

Pursuant to sections 150EL(3)(a) and 150EL(3)(b) of the Local Government Act 2009, I hereby provide notice that I have a prescribed conflict of interest in this matter, the nature and particulars of which are as follows: Nature of the prescribed conflict of interest

Receipt of donation from Hickey Management which company I understand has been lobbying on behalf of the lessee in relation to the surrender of lease and grant of new lease.

If the prescribed conflict of interest arises for a gift, loan or contract

The value of the gift, loan or contract $2,500

If the prescribed conflict of interest arises for an application which a submission has been made

The matters the subject of the application and submission

No submission received by Council decision required

The name of the other entity

The nature of the councillor’s relationship with the other entity

Description of interest in the matter

Councillor’s interest Receipt of donation

Other entity’s interest Project manager for applicant

I will leave the meeting and will not participate in a decision relating to the matter.

Cr Gates left the room.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 11 APPLICATION FOR SURRENDER OF LEASE AND GRANT OF NEW LEASE -

FIDANTE PARTNERS SERVICES LIMITED - COUNCIL LAND FRONTING THE PARADISE CENTRE SURFERS PARADISE (Continued) PN63950/20/02/CF(P1) REPORT CONFIDENTIAL

RESOLUTION G20.1027.038 moved Cr Owen-Jones seconded Cr Caldwell That Committee Recommendation GA20.1022.010 be adopted, with the addition of Part 3k, such that it reads in its entirety 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 (4) of the Local Government Act 2009.

2 That Council note that, due to the significantly improved lease term conditions than those offered by the current lessee in 2019 and to mitigate the risk to Council in relation to the estimated cost of making good the site in 2031 should the redevelopment not go ahead, it is considered to be in the public interest that a new 30 year lease be issued in favour of the current lessee.

3 That Council confirm its agreement to the surrender of the current lease over Council owned and controlled land at the frontage of the Paradise Centre in Surfers Paradise and the application of an exemption under section 236(1)(c)(iii) of the Regulation for the grant of a new lease on the following terms:-

a Development of a leasehold document by 28 February 2021, on terms deemed satisfactory to the Chief Executive Officer of Council (Manager Property Services);

b Lease term - 30 years;

c Lease commencement – the earlier of 24 months from execution of an Agreement to Lease or the completion of the approved redevelopment works, noting that the lessee must complete demolition works within 12 months of execution of the Agreement to Lease, and that the Agreement to Lease will terminate if the lessee has not completed the redevelopment works and commenced the use within 24 months;

d Lease area – volumetric (whole of basement area and part ground level area) having areas of approximately 3,162m2 and 2,276m2 respectively;

e Rental - $420,000 per annum plus GST at commencement;

f Rental reviews – indexed annually by CPI, with a review to market in year 15 with a 10% cap and collar;

g Public Plaza - to be constructed by the lessee and thereafter maintained at the lessee’s cost, with the City contributing 50% of the annual repair, maintenance and capital cost up to a maximum of $60,000 plus GST;

h Make Good – the lessee is responsible (at their cost) for the removal of all improvements from the lease area at the expiry of the lease;

i Only minor amendments / embellishments to the existing development approval will be permitted;

j That the lease terms include a redecoration clause on a ten (10) year cycle.

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.7 GOVERNANCE AND ADMINISTRATION (Continued) ITEM 11 APPLICATION FOR SURRENDER OF LEASE AND GRANT OF NEW LEASE -

FIDANTE PARTNERS SERVICES LIMITED - COUNCIL LAND FRONTING THE PARADISE CENTRE SURFERS PARADISE (Continued) PN63950/20/02/CF(P1) REPORT CONFIDENTIAL

k Public safety and activation - public plaza to be covered by the City’s safety camera network and City’s wi-fi network with the capital costs to be borne by the lessee.

4 Subject to 2, the approval of the State (Department of Natural Resources, Mines and Energy) be sought to the surrender/new lease as required under the Land Act.

For 9 Cr Owen-Jones, Cr Caldwell, Cr Bayldon-Lumsden,

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

Against 5 Cr Taylor, Cr PJ Young, Cr Patterson, Cr McDonald, Cr Hammel Abstained 0 Absent 1 Cr Gates Did Not Vote 0

CARRIED Cr Tate voted in the positive. Cr Gates was absent during discussion and voting. Cr Gates returned to the room. ADOPTION OF GOVERNANCE AND ADMINISTRATION COMMITTEE MINUTES RESOLUTION G20.1027.039 moved Cr Owen-Jones seconded Cr Tozer That the Minutes of the Governance and Administration Committee Meeting held on Thursday 22 October 2020, covered by Recommendations numbered GA20.1022.001 to GA20.1022.012, be adopted with the exception of:- Recommendation Numbers GA20.1022.005 (Item 6)

GA20.1022.009 (Item 10) and GA20.1022.010 (Item 11) which were specifically resolved.

CARRIED

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10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued) 10.8 SPECIAL BUDGET AND FINANCE Cr Tate, Chairperson of the Special Budget and Finance Committee, presented the Minutes of the Meeting of the Special Budget and Finance Committee held on Monday 26 October 2020. RESOLUTION G20.1027.040 moved Cr Tate seconded Cr Patterson That the Minutes of the Special Budget and Finance Committee Meeting held on Monday 26 October 2020 covered by Recommendations numbered SBF20.1026.001 to SBF20.1026.009 be received.

CARRIED ADOPTION OF SPECIAL BUDGET AND FINANCE COMMITTEE MINUTES RESOLUTION G20.1027.041 moved Cr Tate seconded Cr Owen-Jones That the Minutes of the Special Budget and Finance Committee Meeting held on Monday 26 October 2020, covered by Recommendations numbered SBF20.1026.001 to SBF20.1026.009, be adopted.

CARRIED UNANIMOUSLY

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11 CONSIDERATION OF NOTICES OF MOTION Nil 12 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE Nil 13 PRESENTATION OF PETITIONS 13.1 WOOD DUCK DRIVE, UPPER COOMERA

RD504308/16(P1)

RESOLUTION G20.1027.042 moved Cr Gates seconded Cr Owen-Jones That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

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13 PRESENTATION OF PETITIONS (Continued) 13.2 GAINSBOROUGH GREENS (OBJECTION TO CLUBHOUSE CONSTRUCTION)

PN319223/16(P1)

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13 PRESENTATION OF PETITIONS (Continued) 13.2 GAINSBOROUGH GREENS (OBJECTION TO CLUBHOUSE CONSTRUCTION)

PN319223/16(P1) (Continued)

RESOLUTION G20.1027.043 moved Cr Hammel seconded Cr Owen-Jones That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

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13 PRESENTATION OF PETITIONS (Continued) 13.3 LARGE SWING “PLAYGROUND” EQUIPMENT – VARSITY FORESHORE PARKLANDS

PN319223/16(P1)

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13 PRESENTATION OF PETITIONS (Continued) 13.3 LARGE SWING “PLAYGROUND” EQUIPMENT – VARSITY FORESHORE PARKLANDS

PN319223/16(P1) (Continued)

RESOLUTION G20.1027.044 moved Cr Vorster seconded Cr Tozer That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

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13 PRESENTATION OF PETITIONS (Continued)

13.4 PROPOSED TOILET BLOCK – VARSITY FORESHORE PARKLANDS PN319223/16(P1)

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13 PRESENTATION OF PETITIONS (Continued)

13.4 PROPOSED TOILET BLOCK – VARSITY FORESHORE PARKLANDS PN319223/16(P1) (Continued)

MOTION moved Cr Vorster seconded Cr Owen-Jones That the above Petition be received and referred to the appropriate committee for consideration and report to Council. The MOTION was LOST. RESOLUTION G20.1027.045 moved Cr Gates seconded Cr Caldwell That the above Petition not be received.

CARRIED UNANIMOUSLY

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13 PRESENTATION OF PETITIONS (Continued)

13.5 CHANGE IN LEGAL SPEED LIMIT - MIAMI TT93/-/-(P7)

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13 PRESENTATION OF PETITIONS (Continued) 13.5 CHANGE IN LEGAL SPEED LIMIT - MIAMI

TT93/-/-(P7) (Continued)

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13 PRESENTATION OF PETITIONS (Continued) 13.5 CHANGE IN LEGAL SPEED LIMIT - MIAMI

TT93/-/-(P7) (Continued) RESOLUTION G20.1027.0467 moved Cr PC Young seconded Cr O’Neill That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED 14 GENERAL BUSINESS Nil 15 OTHER BUSINESS Cr Vorster left the meeting at 6:04pm PROCEDURAL MOTION G20.1027.047 moved Cr Tate seconded Cr Owen-Jones That items 15.1, 15.4 and 15.5 be deferred to the Council Meeting to be held on 24 November 2020.

CARRIED Cr Vorster had left the meeting and was absent during discussion and voting. 15.2 CHANGES TO THE LOCAL GOVERNMENT ACT 2009 – COUNCILLOR ADVISORS

LG211/361/02 RESOLUTION G20.1027.048 moved Cr Gates seconded Cr Patterson

1 That the Council of the City of Gold Coast resolves to appoint Councillor Advisors up to the maximum number prescribed in the Local Government Regulation 2012, being:

a. Four(4) Councillor Advisors for the Mayor; and

b. One (1) Councillor Advisor for each other Councillor.

2 That the Expenses Reimbursement and Provision of Facilities for Mayor and Councillors Policy be updated to include the option of Councillor Advisors and, if required, to reflect the positions proposed to be converted to Councillor Advisor positions (as nominated by the Mayor and each Councillor).

3 That the Mayor and Councillors be permitted to proceed with the recruitment of a Councillor Advisor into an approved role under the Expenses Reimbursement and Provision of Facilities for Mayor and Councillors Policy.

CARRIED BY SUPER MAJORITY

Cr Vorster had left the meeting and was absent during discussion and voting.

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15 OTHER BUSINESS (Continued) 15.3 COUNCIL CONDUCT TRIBUNAL – MATTER REFERENCE F19/7888 PUBLIC STATEMENT BY CR TOZER 1 Pursuant to s150AR(1)(b)(i) of the relevant Act, please consider this a public admission that

when I contacted a person (who at the time with his wife had been my Facebook friends for more than one year and with whom I had regularly corresponded on a personal basis) requesting complimentary tickets by private Facebook message to attend the Cat Empire concert with him and our mutual friends at his NightQuarter establishment on 23 September 2018, the threshold for misconduct for a Councillor in Queensland was met.

2 The broader Facebook message context and explanation that I provided to the Tribunal in

evidence and under oath did not sufficiently mitigate or give sufficient reason for this action, nor did it adequately demonstrate to the Tribunal that an independent friendship existed beyond Facebook, even if I genuinely believed that an independent friendship did exist between the venue owners and myself, when I visited NightQuarter that evening.

3 It is notable that the dollar value of the tickets I used that evening ($53 per person plus finger

food and beverages) did not meet the threshold for declaration as a gift, and it was not disputed that when I actually entered the venue on 23 September 2018 I did so having received a text message from the then Managing Director of Blank magazine to write a positive concert review as a volunteer writer, which I did, and was in fact published online on 26 September 2018 - https://blankgc.com.au/the-cat-empire-odette-live-review/

4 However, I express sincere remorse about the misconduct and I do understand how the

Tribunal determined that a breach of trust occurred. 5 I will not act this way again and I have learnt that better management of my professional and

personal communication on social media is critical to build public trust, and I have learnt to act in such a way that there might be clarity for any relevant person about the terms on which I engage with them, having proper regard for the public trust required in my role as Councillor.

6 Pursuant to s150AR(1)(b)(iv) of the relevant Act, I made payment of $250 to the City of Gold

Coast on 16 October 2020, as Ordered. RESOLUTION G20.1027.049 moved Cr Gates seconded Cr Patterson That the public statement of Cr Tozer be noted.

CARRIED Cr Vorster had left the meeting and was absent during discussion and voting.

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15 OTHER BUSINESS (Continued) 15.6 STAFFING MATTER – CONFIDENTIAL

HR180/457/CF(P1) Refer attached Confidential Memo

RESOLUTION G20.1027.050 moved Cr Tate seconded Cr Owen-Jones That Council note and endorse Mr Mayor’s advice as outlined in his memo of 15 October 2020.

CARRIED Cr Vorster had left the meeting and was absent during discussion and voting.

Pages 114-133 are CONFIDENTIAL

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15 OTHER BUSINESS (Continued) 15.7 DIVISION 2 – NATIVE BEEHIVE PROGRAM – ALLOCATION OF DIVISION 2 FUNDING RESOLUTION G20.1027.051 moved Cr Owen-Jones seconded Cr Gates That Council approve the proposed amendment to the 2020-21 City Budget to allocate funding in the amount of $2,444 from the Division 2 Divisional Allocation (Community Facility Control 321597) to the Division 2 Divisional Allocation (Naturally GC Control 32651) for the purposes of Naturally GC engaging a service provider to deliver a Native Beehive Program in Division 2, including attending to the splitting of native bee hives and running an education program with four schools in Division 2, including the provision of a Native Bee Hive to each of the relevant schools. This allocation is in accordance with Council’s Event and Program Policy.

CARRIED UNANIMOUSLY There being no further business, the meeting was declared closed at 6:23pm.

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