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Minutes of the

Special Council Meeting held

Friday 13 December 2019

at

10am

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

Special Council Meeting 2 Friday 13 December 2019 Minutes

INDEX

Minutes

Special Council Meeting

Friday 13 December 2019

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 OUR CITY OUR PLAN

3 DISCRETIONARY FUNDS

3.1 Frascott Park Cr Vorster

3.2 2020 ANZAC Day March and Commemoration Service in Robina Cr Vorster

3.3 Southport Soccer Club Cr La Castra

3.4 Upgrade Paving the Estuary Coombabah Cr Caldwell

3.5 Somerset Celebration of Literature Ltd Cr PC Young

3.6 Feast on Fifth Cr Tozer

4 DELEGATION


ADOPTED AT COUNCIL 30 JANUARY 2020 RESOLUTION G20.0130.001 moved Cr Caldwell seconded Cr Gates That the Minutes of the Special Meeting of the Council of the City of Gold Coast, held Friday 13 December 2019 at 10.00 am be confirmed.

CARRIED Minutes of the Special Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Friday 13 December 2019, at 10am. 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W M A Owen-Jones Cr C M Caldwell Cr K L Boulton Cr P J Young Cr D M Crichlow OAM Cr G J Baildon AM Cr R La Castra Cr G M Tozer Cr P A Taylor Cr H H C Vorster Cr P C Young Cr G M O’Neill Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr G Potter Director Organisational Services Ms A Swain Director Economy, Planning & Environment Ms C Watt City Solicitor 1.1 LEAVE OF ABSENCE / APOLOGIES The apology from Cr D I McDonald was noted.


2 OUR CITY OUR PLAN 2.1 OUR CITY OUR PLAN RESOLUTION G19.1213.001 moved Cr Caldwell seconded Cr Gates That Council resolves, in relation to Item 12 of the Economy, Planning and Environment Committee Meeting held on 4 December and deferred at the 784 Council Meeting held on 6 December 2019, as follows:

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

2 That Council endorses the following as being ‘significantly different’ changes:

a those outlined in the Agenda report, presented on 4 December 2019;

b those outlined in Attachment G, Attachment H, Attachment I Attachment J, Attachment L, Attachment M, Attachment N, Attachment O, Attachment P, Attachment Q and Attachment S as contained in the Agenda report, presented on 4 December 2019;

c those outlined in Attachment K, subject to the following:

i for land south of Minnie Street, bound by Joan Street, Sibyl Street and Elaine Street , which is currently within sub area 3 of the Southport West targeted growth area:

A Figure 6 - Southport West sub areas - change the land from sub area 3 to sub area 1;

B Figure 20 - Southport West - Zoning consultation changes - change the land from Medium density residential zone to Low-medium density residential zone;

C Figure 21 - Southport West Building height consultation changes - change the land from 26 metres to 16 metres; and

D Figure 22 - Southport West - Residential density consultation changes - change the land from RD7 to RD5,

d those changes outlined in the Memo to all Councillors, dated 5 December 2019, titled ‘Additional information – Our City Our Plan’;

e the Medium density residential zoned land on the eastern side of Jefferson Lane, between Seventeenth Avenue and Laceys Lane, Palm Beach, be changed to the Low-medium density residential zone, with a building height designation of 16 metres and a residential density designation of RD5 (1 bedroom per 50m2 of site area), consistent with Map A appended to these Minutes; and

f the Medium density residential zoned land on the western side of Jefferson Lane, between Seventeenth Avenue and Laceys Lane, Palm Beach, be changed to have a building height designation of 17 metres, consistent with Map A appended to these Minutes.

3 That identified significantly different changes in resolution item 2, above, be endorsed to proceed to the second round of public consultation, which will commence on 6 January 2020 and conclude on 4 February 2020 (being 21 business days).


2 OUR CITY OUR PLAN (Continued) 2.1 OUR CITY OUR PLAN (Continued)

4 That the content of Attachment D is noted as an interim response to submissions received during the first round of public consultation undertaken between 27 September 2019 to 11 November 2019.

5 That Attachment D is used as the basis for preparing the final Consultation report required at the conclusion of the second round of consultation.

6 That the draft Engagement Strategy for the second round of consultation contained in Attachment B be endorsed, subject to the following changes:

a the talk to the planner sessions are to be held at Chirn Park, Labrador and Australia Fair, Southport;

b a ‘Town Hall’ meeting be held at the Labrador Senior Citizens Centre on 16 December 2019; and

c a ‘Town Hall’ meeting in the Southern Gold Coast be held during the second round of consultation for Our City Our Plan.

7 That the Chief Executive Officer is authorised to approve the proposed changes to the Our City Our Plan amendment package, consistent with resolution item 2, for a second round of consultation.

8 That the Chief Executive Officer is authorised to approve the proposed changes to the Our City Our Plan amendment package, consistent with resolution items 2 and 4.

9 That the Chief Executive Officer is authorised to make any additional minor, administrative and/or ‘not significantly different’ changes as a result of first and second rounds of consultation.

10 That if there are no significantly different changes arising from the second round of consultation, the Chief Executive Officer is authorised to a send a request to the State Government for approval to adopt the Our City Our Plan amendment package.

11 That the ‘Town Hall’ meeting in the Southern Gold Coast, previously resolved to occur in the week commencing 15 December 2019, be postponed to a suitable time during the second round of public consultation, which will commence on 6 January 2020 and conclude on 4 February 2020.

CARRIED UNANIMOUSLY


2 OUR CITY OUR PLAN (Continued) 2.1 OUR CITY OUR PLAN (Continued)


3 DISCRETIONARY FUNDS 3.1 FRASCOTT PARK

FN334/375/02/08(P1) RESOLUTION G19.1213.002 moved Cr Vorster seconded Cr Caldwell That Council allocate a further $19,000 (from $60,000 to $79,000) from Division 11 Local Area Works & Services Budget 2019-20 to progress the completion of the Frascott Park Playground Shade Structure.

CARRIED UNANIMOUSLY 3.2 2020 ANZAC DAY MARCH AND COMMEMORATION SERVICE IN ROBINA

FN334/375/02/08(P1) RESOLUTION G19.1213.003 moved Cr Vorster seconded Cr PJ Young That Council allocate a further $5000 (from $10,000 to $15,000) from Division 11 Concerts and Functions 2019-20 to stage the 2020 ANZAC Day March and Commemoration Service in Robina. The increase is following the relocation of the event due to safety issues.

CARRIED UNANIMOUSLY 3.3 SOUTHPORT SOCCER CLUB

FN334/375/02/08(P1) RESOLUTION G19.1213.004 moved Cr La Castra seconded Cr Gates That Council approve an allocation of $10,000 from Division 8 LAWS 2019-20 budget to the Southport Soccer Club towards the costs associated with the supply and installation of Player Dugouts on Field 1.

This is considered a one-off donation being made outside of Council’s competitive programs and in the public interest.

CARRIED UNANIMOUSLY 3.4 UPGRADE PAVING THE ESTUARY COOMBABAH

FN334/375/02/08(P1) RESOLUTION G19.1213.005 moved Cr Caldwell seconded Cr Vorster That Council approves the allocation of $23,350 from the 2019-20 Division 3 Local Area Works budget in order to fund additional funds for the Repaint Treatment of The Estuary, Coombabah.

This work includes a ‘Red Gum’ colour treatment without ‘Granite’ speckle adjacent to Gold Coast Summer Waters Resort. The remaining treatments with ‘Sage’ and a ‘Granite’ speckle.

CARRIED UNANIMOUSLY


3 DISCRETIONARY FUNDS (Continued) 3.5 SOMERSET CELEBRATION OF LITERATURE LTD

FN334/375/02/08(P1) Personal Interest – Cr Vorster

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

The nature of the interest is: pursuant to the constitution of Somerset College, I am a member of the alumni association and the P&F Association

The name of the person or entity is: Somerset College

The nature of the relationship is: I am a member of the alumni association and the P&F Association of the school which is presenting partner of the Somerset Storyfest

The value of the gift is: nil

The date of receipt of the gift is: nil

The nature of the other person’s interest in the matter is: presenting partner of the Somerset Storyfest

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason there is an explicit exemption in the conflict of interest provisions of the Local Government Act for a Councillor’s involvement with a school and that Somerset Celebration Of Literature Ltd is separate entity.

Note:

The Council received advice that the provisions of s.175D(2)(a)(v) applied and does not amount to a conflict of interest, given the reference to the fact that Cr Vorster is a past student of Somerset College and is a parent of a current student at the college.

RESOLUTION G19.1213.006 moved Cr PC Young seconded Cr O’Neill 1 That Council approves an allocation of $4,500 from Division 12 Local Area

Works Budget 2019/20 to Somerset Celebration of Literature Ltd to support participation of Division 12 schools (Miami State Primary School, Burleigh Heads State Primary School, Marymount Primary School and Caningeraba State Primary School) in the Storyfest programme proposed for 18-20 March 2020.

2 That Council approves funding of $2679.00 from Division 13 Local Area Works 2019-20 Budget to Somerset Celebration of Literature Ltd to support participation of Division 13 schools (Palm Beach State and Elanora State ) in the Storyfest programme proposed for 18-20 March 2020.

This donation is outside of Council’s competitive grants and donations program being made on public interest grounds.

CARRIED UNANIMOUSLY


3 DISCRETIONARY FUNDS (Continued) 3.6 FEAST ON FIFTH

FN334/375/02/08(P1) RESOLUTION G19.1213.007 moved Cr Tozer seconded Cr PJ Young That Council approves funding of $6050 from Division 13 Local Area Works 2018-19 Concerts and Functions Budget to Bleached Arts for the marketing campaign to stage the Feast on Fifth event to be held at Fifth Avenue, Palm Beach on 1 February 2020. The event is open to the general community. A division was called. For 5 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Crichlow,

Cr Baildon Against 9 Cr Caldwell, Cr Vorster, Cr O’Neill, Cr La Castra, Cr Boulton,

Cr Taylor, Cr PC Young, Cr Gates, Cr Tate Abstained 0 Absent 1 Cr McDonald The MOTION was LOST.


4 DELEGATION 4.1 POTENTIAL ACQUISITION OF LAND PIMPAMA

PN219933/07/CF(P1) 1 BASIS FOR CONFIDENTIALITY 1.1 I recommend that this report be considered in Closed Session pursuant to section

275 (1) of the Local Government Regulation 2012 for the reason that the matter involves (h) other business for which a public discussion would be likely to prejudice the

interests of the local government or someone else, or enable a person to gain a financial advantage.

1.2 I recommend that the report/attachment be deemed non-confidential except for those

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

2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT REDACTED This Report recommends the approval of a new delegation to the Chief Executive Officer with respect to the power under section 8 of the Acquisition of Land Act 1967. 4 PREVIOUS RESOLUTIONS Council resolved at its meeting on 26 February 2019 as follows (ex Minute G19.0226.015 in part): 2. That the owner/s of the highest priority property (consisting of multiple lots) identified

in Attachment 3 be approached in an attempt to enter into a contract of purchase on terms satisfactory to the Chief Executive Officer.

4. If the attempt is unsuccessful, that Council serves a Notice of Intention to Resume (NIR) the land in accordance with Section 7 of the Acquisition of Land Act 1967.

5. That Council subsequently considers any objections as a result of the serving of the NIR above and provided there are no objections or an agreement is entered into with the owner/s, pursue the resumption of the land in accordance with the provisions of the Acquisition of Land Act 1967.


4 DELEGATION (Continued) 4.1 POTENTIAL ACQUISITION OF LAND PIMPAMA

PN219933/07/CF(P1) (Continued) 5 DISCUSSION The owner of certain land, Hamelech Basodeh Pty Ltd, has objected to the proposed taking of land identified in a Notice of Intention to Resume dated 31 October 2019. REDACTED REDACTED REDACTED Once the delegation has been made the Chief Executive Officer will then be requested to make a sub-delegation to the position of Director Organisational Services. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Supporting the delivery of Gold Coast 2022 A We plan for the future of the city. We make good choices that create a better future for the Gold Coast community. B We manage the city responsibly. Our stewardship of the city provides value for money for ratepayers. 7 FUNDING AND RESOURCING REQUIREMENTS Not Applicable. 8 RISK MANAGEMENT Not Applicable. 9 STATUTORY MATTERS The intended acquisition of lands dealt with in this report are now being pursued under the Acquisition of Land Act 1967. Section 8 of that Act provides as follows (in part):



PN219933/07/CF(P1) (Continued) 8 Dealing with objections

(1) A person entitled to be served with a notice of intention to resume land who has objected as prescribed to the taking (the objector) shall not be entitled to be heard in support of the grounds of the objection unless the person stated in the objection that the person desired to be so heard and appears, in person or by counsel, solicitor or agent, at the time and place specified in the notice.

(2) The constructing authority shall consider the grounds of objection to the taking of any land and – (a) ……. (b) if the objector has been heard by the delegate of the constructing

authority – the report thereon of such delegate. 10 COUNCIL POLICIES Not Applicable. 11 DELEGATIONS Adoption of the recommendations in this report will reflect the grant of a delegation to the Chief Executive Officer as provided by section 257 of the Local Government Act, with the intention that the Chief Executive Officer then subdelegate the delegation to the Director Organisational Services as provided by section 259 of the Local Government Act. 12 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Glen Potter Director Organisational Services

Yes

Gahan Estella Senior Property Officer, Property Services

Yes

Upinder Bhalla Lawyer, Legal Services Yes 13 STAKEHOLDER IMPACTS Not Applicable. 14 TIMING Council’s decision is to be implemented immediately.



PN219933/07/CF(P1) (Continued) 15 CONCLUSION An objection has been received to a Notice of Intention to Resume issued under the Acquisition of Land Act for lands at Pimpama. The affected landowner has sought a hearing on the objections and in terms of the Acquisition of Land Act, the party intended to hear the objections (Director Organisational Services) is required to hold a delegation of Council. This report recommends that Council grant a proper delegation enabling the acquisition process to continue via the hearing of objections received and thereafter, a report to Council on the objections. 16 RECOMMENDATION It is recommended that Council resolves as follows: That Council grant a delegation, as provided by section 257 of the Local Government Act 2009, of the power in section 8 of the Acquisition of Land Act 1967 to enable the Chief Executive Officer to hear and deal with any objections to the taking of land in the Notice of Intention to Resume dated 31 October 2019 served on Hamelech Basodeh Pty Ltd (as the owner of the land). This delegation may be subdelegated.

Author: Authorised by: Brendan Madden Glen Potter Executive Coordinator Property Management Director Organisational Services 12 December 2019

TRACKS REF: 75213042



PN219933/07/CF(P1) (Continued)

Conflict of Interest – Cr Caldwell

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

The nature of the interest is receipt of electoral donation

The name of the person or entity is: Kornhauser Family

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

The value of the gift is: $2000

The date of receipt of the gift is: 5 June 2015

The nature of the other person’s interest in the matter is: owner of land in the vicinity of the land that is the subject of the report.

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

Cr Caldwell left the room. RESOLUTION G19.1213.008 moved Cr Vorster seconded Cr Owen-Jones 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 (9) of the Local Government Act 2009.

2 That Council grant a delegation, as provided by section 257 of the Local Government Act 2009, of the power in section 8 of the Acquisition of Land Act 1967 to enable the Chief Executive Officer to hear and deal with any objections to the taking of land in the Notice of Intention to Resume dated 31 October 2019 served on Hamelech Basodeh Pty Ltd (as the owner of the land). This delegation may be sub-delegated.

CARRIED UNANIMOUSLY

Cr Caldwell was not present for discussion and voting on this matter

Cr Caldwell returned to the room

There being no further business, the meeting was declared closed at 11.00am.


I hereby certify that these pages Numbered 1 to 15 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Friday 13 December 2019.

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

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