of the Council Meeting - City of Gold · PDF fileof the Council Meeting held Tuesday, 11 June...

660

Adopted Minutes of the

Council Meeting held

Tuesday, 11 June 2013

at

1.00 pm

Gold Coast City Council Chambers 135 Bundall Road Surfers Paradise

Our positioning statement Working for our future - today Our city vision Defined by our spectacular beaches, hinterland ranges, forests and waterways, the Gold Coast is an outstanding city which celebrates nature and connects distinct communities with the common goal of sustainability, choice and wellbeing for all.

Our mission Leading the way towards a bold future that can sustain growth and economic development while retaining a lifestyle that is uniquely “Gold Coast”

660 Council Meeting 2 11 June 2013 Adopted Minutes

INDEX

Adopted Minutes (660)

Council Meeting

11 June 2013

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Six Hundred and Meeting of the Council of the City of Gold Coast, held Tuesday, 2013 at 1.00 pm.

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

7.1 Quorum of Committees

8 PRESENTATIONS

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 City Planning 5 June 2013

9.2 Special Budget 27 May 2013

9.3 Commonwealth Games & Major Projects 29 May 2013

9.4 Engineering Services 30 May 2013

9.5 Community & Cultural Development 30 May 2013

9.6 Governance, Administration & Finance 6 June 2013

10 CONSIDERATION OF NOTICES OF MOTION

10.1 Closure of Maudsland Transfer Station

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

12.1 Extension Of Waste Service To Hinterland Areas And Closure Of Waste Transfer Stations


ITEM SUBJECT

13 GENERAL BUSINESS

13.1 Council Of Mayors (SEQ) Membership

13.2 Korean Veteran’s Day Commemorative Service Saturday 27 July 2013 Cascade Gardens Broadbeach

13.3 Kokoda Day Commemorative Service Thursday 8 August 2013 Cascade Gardens Broadbeach

13.4 2012-13 Local Area Works Program – Launch Of Chinatown Master Plan

13.5 Provision Of Design And Planning Of Robina City Parklands - Allocation of $110,000

13.6 A Commencing Contribution Towards Creation Of An Upgraded Footpath, And Bicycle Way, At Northcliff And Garfield Terraces, Surfers Paradise - Allocation of $250,000

13.7 Program Concerts & Functions – Allocation $3,380

13.8 Confidential Legal Briefing - Phoenix Power Recyclers v. Gold Coast City Council Planning & Environment Court Appeal 5003/12

14 RESCHEDULING OF CAPITAL PROJECTS BETWEEN FINANCIAL YEARS

15 SPECIAL BUDGET COMMITTEE


Minutes of the Six Hundred and Sixtieth Ordinary Meeting of the Council of the City of Gold Coast held at the Gold Coast City Council Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday, 11 June 2013, at 1.00 pm. National Anthem The Mayor, Cr T R Tate, opened the meeting in prayer. 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W Owen-Jones Cr C M Caldwell Cr M J Grummitt Cr T C Gilmore Cr D M Crichlow Cr A J D Bell Cr R La Castra Cr G M Tozer Cr P A Taylor Cr J E Grew Cr G J Betts Cr D I McDonald Cr C L Robbins

Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mrs C McCool Director Community Services Mr D Scott Director Economic Development & Major Projects Mr W E Day Director Engineering Services Mr P Heaton Director Gold Coast Water Mr G Potter Director Organisational Services Ms G Connolly Director Planning, Environment & Transport Mr M Hulse Manager City Development Mr J Cohen Manager Health & Regulatory Services (Part) Mr P Halliday Senior Lawyer (Part)

1.1 APOLOGIES/LEAVE OF ABSENCE

Nil

1.2 ADOPTION BY COUNCIL 21 JUNE 2013

RESOLUTION G13.0621.006 Moved Cr Gilmore Seconded Cr Gates

That the Minutes of the Six Hundred and Sixtieth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday, 11 June 2013 at 1.00 pm be confirmed with the following amendment:

Correction on page 27 of minutes, 12.2 should read

12.2 Closure of Maudsland

That the above Petition be received and referred to the Community and Cultural Committee for consideration and report to Council on 21 June 2013.

CARRIED


2 CONDOLENCES To The Scott Family On the passing of Walter (Doug) Scott RESOLUTION G13.0611.001 Moved Cr Crichlow Seconded Cr Gates That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED To Hughes Family On the passing of Matthew Hughes RESOLUTION G13.0611.002 Moved Cr Betts Seconded Cr Grew That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED To The Macalaguing Family On the passing of Pastor Jonas Macalaguing Jonas Macalaguing, known as Pastor Jonas, was a Pastor of the Filipino-Australia Community Church for the past 16 years, working side by side with his wife Christel. He has two (2) daughters and two (2) sons, three of whom live abroad in the Philippines and the US. The community celebrated from Surf City Church in Surfers Paradise. Pastor Jonas worked tirelessly in community outreach, providing home delivery of bread and food for the most needy and making himself available at all times for his community, assisting in times of family and accommodation crisis. He was described as a ‘man of the people’. RESOLUTION G13.0611.003 Moved Cr Tate Seconded Cr Gates 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 G13.0611.004 Moved Cr Grummitt Seconded Cr Owen-Jones That the Minutes of the Six Hundred and Fifty Ninth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday, 28 May 2013 at 1.00 pm be confirmed.

CARRIED 5 MAYOR’S REPORT 5.1 MAYORS ATTENDANCE AT EVENTS Following are the major functions and meetings attended since the last Council meeting of Tuesday 28 May 2013 :

Gold Coast Business Excellence Awards – Presentation of the May 2013 winners (listing appended if required);

Professor Ruth Chen and Student Delegation from Washington University in St Louis, Missouri;

Keynote Speaker – Gold Coast Central Chamber of Commerce;

Private Luncheon The Hon. Ian Walker MP, Minister for Science, Information Technology, Innovation and the Arts;

Public Meeting – Stop the Quarry (Boral Quarry Reedy Creek);

Beach Erosion and Beach Encroachments;

Funding options for the Gold Coast Cultural Precinct;

Officially Launch Cooly Rocks On;

Officially open the BIG Art Awards 2013 at the Royal Queensland Art Society;

Devil N Me Around Ozee Bike Ride Around Australia for Motor Neurone Disease;

Polo By The Sea, The Spit;

Take A Hike 40km Fundraiser for A.E.I.O.U, - Children with Autism;

Visakha Puja Commemoration, Thai Buddhist Temple Nerang

Professor Peter Lee, Vice Chancellor of Southern Cross University;

Keynote Speaker Southport Chamber of Commerce;

Interview with Hong Kong Cable TV network “Racing World”;

Officially open the Totally and Permanently Incapacitated (TPI) Drop-In Centre at Cascade Gardens (refurb of former Cascade Gardens Library);

Southport Depot Visit;

Inaugural Southport PDA Sub-Committee meeting;

Nerang Folk and Bluegrass Festival at Country Paradise Parklands;

This is a typical 2 weeks. I’m sure a lot of you are the same. As we’re creating interest and pride in our City, Councillors and Mayor are getting a lot of attention as they want us to be a part of their celebrations.


6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES 7.1 Quorum Of Committees RESOLUTION G13.0611.005 Moved Cr Tate Seconded Cr Tozer That Council notes and adopts the quorum for the various committees as set out in Attachment A.

CARRIED UNANIMOUSLY


7 BUSINESS ARISING FROM MINUTES (Continued) 7.1 Quorum of Committees (Continued)

Attachment A

Committee Membership Quorum

City Planning Committee Mayor Tom Tate Cr Cameron Caldwell Cr Lex Bell Cr William Owen-Jones Cr Paul Taylor Cr Donna Gates Cr Greg Betts Cr Chris Robbins

5

Community and Cultural Development Committee

Mayor Tom Tate Cr Bob La Castra Cr Margaret Grummitt Cr Jan Grew Cr Glenn Tozer Cr Chris Robbins Cr Tracey Gilmore

4

Economic Development and Tourism Committee

Mayor Tom Tate Cr Jan Grew Cr Tracey Gilmore Cr William Owen-Jones Cr Glenn Tozer Cr Daphne McDonald Cr Bob La Castra Cr Donna Gates

5

Engineering Services Committee Mayor Tom Tate Cr Daphne McDonald Cr Paul Taylor Cr Dawn Crichlow Cr Chris Robbins Cr Donna Gates Cr Margaret Grummitt Cr William Owen-Jones

5

Governance Administration and Finance Committee

Mayor Tom Tate Cr William Owen-Jones Cr Glenn Tozer Cr Cameron Caldwell Cr Dawn Crichlow Cr Tracey Gilmore Cr Lex Bell Cr Greg Betts

5



Water Services Committee Mayor Tom Tate Cr Paul Taylor Cr Chris Robbins Cr Cameron Caldwell Cr Bob La Castra Cr Margaret Grummitt

4

Special Budget Committee Mayor Tom Tate All Councillors

8

Commonwealth Games and Major Projects

Mayor Tom Tate Cr Lex Bell Cr Margaret Grummitt Cr Jan Grew Cr Paul Taylor Cr Dawn Crichlow Cr Donna Gates Cr Daphne McDonald

5

Audit Advisory Committee Mr Graeme Stratford (Chair) Mayor Tom Tate Cr William Owen-Jones Mr Len Scanlan Mr Bill Turner

3

Heart of the City Advisory Committee Mayor Tom Tate Barry Lee Michael Falk Cr Lex Bell Mike Winlaw / Laura Younger Lindsay Wallace Paul Ziebarth Daniel O’Hare – Bond University Max Christmas Jim MacAnally Shane O’Connor Peter Yarad, Manager Grand Chancellor Hotel

7

Planning Scheme Sub (Advisory) Committee

Mayor Tom Tate Cr Greg Betts Cr Cameron Caldwell Cr Donna Gates Cr Chris Robbins Cr Lex Bell

4



Gold Coast City Council Events Advisory Committee

Mayor Tom Tate Cr Bob La Castra Cr Jan Grew Cameron Hart Tiana Armstrong Paul Ziebarth Judith Ferber Jackie Roulston Stuart Mark Reaburn

5

Mayoral Technical (Advisory Committee) Group

Mayor Tom Tate Cr Greg Betts Cr William Owen-Jones Mr Peter Bell Mr Rangi Campbell Ms Amy Degenhart Mr Brent Hailey Mr Steve Harrison Mr Michael Nash Mr Jake Storey Ms Kerrie Young

6

Southport PDA Sub-Committee Mayor Tom Tate Cr Lex Bell Cr Cameron Caldwell Cr Greg Betts Cr William Owen-Jones Cr Dawn Crichlow

4

Broadbeach Advisory Committee Mayor Tom Tate Cr Paul Taylor Jan McCormick Boyd Sergeant Martin Winter Snr Sgt Paul Hunter Brett Saville David Clare David Ransom Luke Rytenskild Craig Peachey

6


8 PRESENTATIONS 8.1 Cr Robbins Presented 3 Awards For Currumbin Environmental Innovation and Protection Award – awarded to Currumbin Recognising innovative principles and actions associated with developing sustainable communities and recognising protection of the natural environment focusing on the conservation of native flora and fauna. Energy Innovation Award – awarded to Currumbin Recognising sustainable energy management which focuses on innovative energy efficiency measures and climate change issues. Queensland’s Cleanest Beach – awarded to Currumbin 8.2 Cr Betts Presented 2 Awards For Burleigh Heads Young Legends Award – awarded to Burleigh Heads Recognising positive environmental outcomes which encourage and promote youth initiative and environmental education and/or achievements. Water Conservation Award – awarded to Burleigh Heads Recognising sustainable water management within communities which has combined innovative water conservation and water re-use initiatives at the private, industrial and municipal levels, benefiting society and nature Congratulations to our communities.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 CITY PLANNING Cr Caldwell, Chairperson of the City Planning Committee, presented the Report of the City Planning Committee held on Wednesday, 5 June 2013. RESOLUTION G13.0611.006 Moved Cr Caldwell Seconded Cr Bell That the Report of the City Planning Committee Meeting held on Wednesday, 5 June 2013, covered by Recommendations numbered CP13.0605.001 to CP13.0605.004 be received with the following amendment to the Procedural Motion of the attendance: That leave of absence for Cr Caldwell be granted.

CARRIED ITEM 1 REVIEW OF ENVIRONMENTAL IMPACT STATEMENT FOR GOLD COAST

QUARRY – LOT 105 ON SP144215 & LOT 901 ON RP907357 – OLD COACH ROAD, REEDY CREEK AND TALLEBUDGERA CREEK ROAD, TALLEBUDGERA VALLEY PD97/621/02

RESOLUTION G13.0611.007 Moved Cr McDonald Seconded Cr Robbins

That Committee Recommendation CP13.0605.001 be adopted as printed which reads as follows:- 1 That Council adopt the contents of the independent report titled “Independent

Review of the Gold Coast Quarry (GCQ) Environmental Impact Statement (EIS) – Prepared for the Gold Coast City Council (GCCC) Planning, Environment and Transport (PET) Directorate,” prepared by Buckley Vann Town Planning Consultants, dated 28 May 2013.

2 That Council provide a submission to the Coordinator-General on the Gold Coast Quarry Environmental Impact Statement.

3 That Council’s submission on the Gold Coast Quarry Environmental Impact Statement shall include the attached report titled “Independent Review of the Gold Coast Quarry (GCQ) Environmental Impact Statement (EIS) – Prepared for the Gold Coast City Council (GCCC) Planning, Environment and Transport (PET) Directorate,” prepared by Buckley Vann Town Planning Consultants, dated 28 May 2013, in the submission to the Coordinator-General.

4 That Council request the Coordinator-General to require the proponent to prepare a Supplementary Environmental Impact Statement Report that addresses the issues raised in Council’s Submission, including but not limited to the impacts on traffic, road network and the proposed site access location, conflicts with the Gold Coast Planning Scheme 2003, the impacts on ecological and environmental values, and clarification around end use details.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.1 CITY PLANNING (Continued) ITEM 1 REVIEW OF ENVIRONMENTAL IMPACT STATEMENT FOR GOLD COAST

QUARRY – LOT 105 ON SP144215 & LOT 901 ON RP907357 – OLD COACH ROAD, REEDY CREEK AND TALLEBUDGERA CREEK ROAD, TALLEBUDGERA VALLEY PD97/621/02 (Continued)

5 That Council request the Coordinator-General to provide Council with the opportunity to review the Supplementary Environmental Impact Statement Report and provide comments to the Coordinator-General prior to the Coordinator General finalising their Environmental Impact Statement Evaluation Report.

6 That Council request the Coordinator-General to publicly exhibit the Supplementary Environmental Impact Statement Report.

CARRIED UNANIMOUSLY ADOPTION OF THE CITY PLANNING COMMITTEE REPORT RESOLUTION G13.0611.008 Moved Cr Caldwell Seconded Cr Bell That the Report of the City Planning Committee’s Recommendations of Wednesday, 5 June 2013, numbered CP13.0605.001 to CP13.0605.004, be adopted with the exception of:- Recommendation Number CP13.0605.001 which was specifically resolved.

CARRIED UNANIMOUSLY

Note: General Business Item 13.8 was dealt with at this point in the meeting


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 SPECIAL BUDGET COMMITTEE Cr Tate, Chairperson of the Special Budget Committee, presented the Report of the Meeting of the Special Budget Committee held on Monday, 27 May 2013. RESOLUTION G13.0611.009 Moved Cr Tate Seconded Cr Owen-Jones That the Report of the Special Budget Committee Meeting held on Monday, 27 May 2013 be received.

CARRIED ADOPTION OF SPECIAL BUDGET COMMITTEE REPORT RESOLUTION G13.0611.010 Moved Cr Tate Seconded Cr Owen-Jones That the Report of the Special Budget Committee Meeting held on Monday, 27 May 2013 be adopted.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 COMMONWEALTH GAMES & MAJOR PROJECTS Cr Tate, Chairperson of the Commonwealth Games & Major Projects Committee, presented the Report of the Commonwealth Games & Major Projects Committee held on Wednesday, 29 May 2013. RESOLUTION G13.0611.011 Moved Cr Tate Seconded Cr Taylor That the Report of the Commonwealth Games & Major Projects Committee Meeting held on Wednesday, 29 May 2013, covered by Recommendation number CG13.0529.001 be received.

CARRIED ADOPTION OF THE COMMONWEALTH GAMES & MAJOR PROJECTS COMMITTEE REPORT RESOLUTION G13.0611.012 Moved Cr Tate Seconded Cr Caldwell That the Report of the Commonwealth Games & Major Projects Committee Meeting held on Wednesday, 29 May 2013, covered by Recommendation number CG13.0529.001 be adopted.

CARRIED

Cr Bell requested that his vote in the negative be recorded.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ENGINEERING SERVICES Cr McDonald, Chairperson of the Engineering Services Committee, presented the Report of the Meeting of the Engineering Services Committee held on Thursday, 30 May 2013. RESOLUTION G13.0611.013 Moved Cr McDonald Seconded Cr Owen-Jones That the Report of the Engineering Services Committee Meeting held on Thursday, 30 May 2013, covered by Recommendations numbered ES13.0530.001 to ES13.0530.005, be received.

CARRIED ITEM 4 TRIAL COMMERCIAL USE OF VARIOUS COUNCIL BOATING FACILITIES

WFB600/648/06(P1) RESOLUTION G13.0611.014 Moved Cr Crichlow Seconded Cr Grummitt

That Committee Recommendation ES13.0530.004 be adopted, with a change to Parts 1, 2, 3 & 5 and the deletion of Parts 6 & 7, 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 (5) of the Local Government Act 2009.

2 That Council approves the extension of the “fee free” period for the Muriel Henchman Drive pontoon and boat ramp, the Cavill Avenue pontoon and the eastern Proud Park (Waterways Drive) boat ramp to 1 September 2015.

3 That the “fee free” Broadwater Parklands pontoon period remain until 1 September 2015.

4 That Council approves the commercial use (vessel and amphibious vehicle) of the Muriel Henchman Drive pontoon and boat ramp, the Broadwater Parklands pontoon, the Cavill Avenue pontoon and the eastern Proud Park (Waterways Drive) boat ramp, subject to applying a fee at the completion of the “fee free” trial period.

5 That a report be presented to Council in August 2015, via the Engineering Services Committee, on a proposed fee structure for commercial use to apply from 1 September 2015.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 ENGINEERING SERVICES (Continued) ADOPTION OF THE ENGINEERING SERVICES COMMITTEE REPORT RESOLUTION G13.0611.015 Moved Cr McDonald Seconded Cr Tozer That the Report of the Engineering Services Committee Meeting of Thursday, 30 May 2013, covered by Recommendations numbered ES13.0530.001 to ES13.0530.005, be adopted with the exception of:- Recommendation Number ES13.0530.004 which was specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 COMMUNITY & CULTURAL DEVELOPMENT Cr La Castra, Chairperson of the Community & Cultural Development Committee, presented the Report of the Meeting of the Community & Cultural Development Committee held on Thursday, 30 May 2013. RESOLUTION G13.0611.016 Moved Cr La Castra Seconded Cr Gilmore That the Report of the Community & Cultural Development Committee Meeting held on Thursday, 30 May 2013, covered by Recommendations numbered CC13.0530.001 to CC13.0530.008, be received.

CARRIED ITEM 2 2012-13 LOCAL AREA WORKS PROGRAM – ADDITIONS

FN334/375/02(P28) Cr La Castra declared a material personal interest (as per section 173 of the Local Government Act 2009) on this matter due to his involvement in the PCYC Association and his son carrying out temporary work at the PCYC and left the meeting room, taking no part in the debate or decision of the meeting. Cr La Castra left the room MOTION Moved Cr Crichlow Seconded Cr Owen-Jones

That Committee Recommendation CC13.0530.002 be adopted, with a change, such that it reads as follows: That the additions listed in Attachment 1 be approved for the 2012-13 Local Area Works Program with the deletion of Project Number 29250, proposed Robina Youth/PCYC Centre (Scottsdale Drive Robina). PROCEDURAL MOTION Moved Cr Betts Seconded Cr Tozer That the motion be put A division was called. For 6 Cr McDonald, Cr Betts, Cr Grew, Cr Taylor, Cr Tozer, Cr Gilmore Against 8 Cr Robbins, Cr Bell, Cr Crichlow, Cr Grummitt, Cr Caldwell,

Cr Owen-Jones, Cr Gates, Cr Tate Abstained 0 Absent 1 Cr La Castra The PROCEDURAL MOTION was LOST.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 COMMUNITY & CULTURAL DEVELOPMENT(Continued) ITEM 2 2012-13 LOCAL AREA WORKS PROGRAM – ADDITIONS

FN334/375/02(P28) (Continued)

The MOTION was put to the meeting. A division was called. For 2 Cr Crichlow, Cr Owen-Jones Against 12 Cr Robbins, Cr McDonald, Cr Grew, Cr Betts, Cr Taylor,

Cr Tozer, Cr Bell, Cr Gilmore, Cr Grummitt, Cr Caldwell, Cr Gates, Cr Tate

Abstained 0 Absent 1 Cr La Castra The MOTION was LOST. RESOLUTION G13.0611.017 Moved Cr Grew Seconded Cr Tozer

That Committee Recommendation CC13.0530.002 be adopted as printed which reads as follows:- That the additions listed in Attachment 1 be approved for the 2012-13 Local Area Works Program. A division was called. For 12 Cr Robbins, Cr McDonald, Cr Grew, Cr Betts, Cr Taylor,

Cr Tozer, Cr Bell, Cr Gilmore, Cr Grummitt, Cr Caldwell, Cr Gates, Cr Tate

Against 2 Cr Crichlow Cr Owen-Jones Abstained 0 Absent 1 Cr La Castra

CARRIED

Cr La Castra returned to the meeting


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 COMMUNITY & CULTURAL DEVELOPMENT(Continued) ITEM 6 PROPOSAL FOR THE MAKING OF AMENDING LOCAL LAW NO 16

(LICENSING) 2013 AND AMENDING SUBORDINATE LOCAL LAWS NO. 16.1 TO 16.8 FILE NO LG222/365/17; LG222/365/17/LF

RESOLUTION G13.0611.018 Moved Cr Owen-Jones Seconded Cr Tozer That Committee Recommendation CC13.0530.006 be adopted, with the addition of Part 7, such that it reads in its entirety as follows: 1 That Council, in accordance with Section 28 and 29 of the Local Government

Act 2009 (‘the Act’), propose to make Amending Local Law No. 16 (Licensing) 2013 (‘proposed Local Law’), and Amending Subordinate Local Law No. 16.1 (Rental Accommodation) 2013, Amending Subordinate Local Law No. 16.2 (Swimming Pools) 2013, Amending Subordinate Local Law No. 16.3 (Entertainment Venues) 2013, Amending Subordinate Local Law No. 16.4 (Film Production) 2013, Amending Subordinate Local Law No. 16.5 (Aircraft Operations From Premises Owned by a Person) 2013, Amending Subordinate Local Law No. 16.6 (Camping Areas) 2013, Amending Subordinate Local Law No. 16.7 (Saleyards) 2013 and Amending Subordinate Local Law No. 16.8 (Advertisement) 2013 (‘proposed Subordinate Local Laws’).

2 That Council complies with the Local Law Making Process resolved by Council pursuant to Section 29 of the Act, being Resolution No. G13.0212.015.

3 That the CEO be directed to do all things necessary to give effect to Items 1 and 2 of this Resolution.

4 That pursuant to Section 257 of the Act to delegate to the Chief Executive Officer of Council its powers under Section 38 of the Act and Section 16 of the Local Government Regulation 2012 to decide:

a how the Public Interest Test in relation to the proposed Local Law and proposed Subordinate Local Laws is to be conducted;

b the matters with which the Public Interest Test Report in relation to the proposed Local Law and proposed Subordinate Local Laws must deal; and

c the consultation process for the Public Interest Test and how the process is to be used in the Public Interest Test.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 COMMUNITY & CULTURAL DEVELOPMENT(Continued)

ITEM 6 PROPOSAL FOR THE MAKING OF AMENDING LOCAL LAW NO 16 (LICENSING) 2013 AND AMENDING SUBORDINATE LOCAL LAWS NO. 16.1 TO 16.8 FILE NO LG222/365/17; LG222/365/17/LF (Continued)

5 That Council consult with the Public about the proposed Local Law and

proposed Subordinate Local Laws for at least twenty-one (21) days (‘the consultation period’) by:

a publishing a notice (‘a consultation notice’) about proposed Local Law and proposed Subordinate Local Laws at least once in a newspaper circulating generally in Council’s Local Government area; and

b displaying the consultation notice in a conspicuous place in Council’s Public Office from the first day of the consultation period to the last day of the consultation period and electronically in Council’s web page; and

c making a copy of the proposed Local Law and proposed Subordinate Local Laws available for inspection at Council’s Public Office during the consultation period; and

d making copies of the proposed Local Law and proposed Subordinate Local Laws available for purchase at Council’s Public Office during the consultation period.

6 That Council resolve to accept and consider every submission properly made to Council about the proposed Local Law and proposed Subordinate Local Laws.

7 That the Mayor write to Premier of Queensland, Hon. Campbell Newman MP, requesting that the Local Government Act 2009 and Sustainable Planning Act 2009 be amended so that either:

a local governments may not during election periods regulate election signage, or

b local governments may by resolution set aside, during election periods, specific provisions in their planning schemes and local laws as they apply to election signage.

A division was called. For 10 Cr Taylor, Cr Tozer, Cr Bell, Cr Crichlow, Cr Gilmore,

Cr Grummitt, Cr Caldwell, Cr Owen-Jones, Cr Gates, Cr Tate, Against 5 Cr Robbins, Cr McDonald, Cr Betts, Cr Grew, Cr LaCastra, Abstained 0 Absent 0

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 COMMUNITY & CULTURAL DEVELOPMENT(Continued)

ITEM 6 PROPOSAL FOR THE MAKING OF AMENDING LOCAL LAW NO 16 (LICENSING) 2013 AND AMENDING SUBORDINATE LOCAL LAWS NO. 16.1 TO 16.8 FILE NO LG222/365/17; LG222/365/17/LF (Continued)

ADOPTION OF COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE REPORT RESOLUTION G13.0611.019 Moved Cr La Castra Seconded Cr Gates That the Report of the Community & Cultural Development Committee’s Recommendations of Thursday, 30 May 2013, numbered CC13.0530.001 to CC13.0530.008, be adopted with the exception of:- Recommendation Numbers CC13.0530.002 and

CC13.0530.006 which were specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE, ADMINISTRATION & FINANCE Cr Owen-Jones, Chairperson of the Governance, Administration & Finance Committee, presented the Report of the Meeting of the Governance, Administration & Finance Committee held on Thursday, 6 June 2013. RESOLUTION G13.0611.020 Moved Cr Owen-Jones Seconded Cr Tozer That the Report of the Governance, Administration & Finance Committee Meeting held on Thursday, 6 June 2013 covered by Recommendations numbered GA13.0606.001 to GA13.0606.011 be received.

CARRIED ITEM 9 2013-14 COMMUNITY GRANTS PROGRAM – ALLOCATION OF GRANT

FUNDING FN251/275/01/03(P9) REPORT CONFIDENTIAL

Cr Tozer declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to him being a member of the Mudgeeraba Show Society and Mudgeeraba Chamber of Commerce and also a Patron of the Light Horse Regiment, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. Cr Tozer remained in the room. Cr Robbins declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to her foundation membership of Surf World Gold Coast, but that she had considered her position and was firmly of the opinion she could participate in debate on this matter in the public interest. Cr Robbins remained in the room. Cr Bell declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to him being patron of Surfers Paradise Brass Band and also the Gold Coast Theatre Alliance, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. Cr Bell remained in the room. Cr Gilmore declared a material personal interest (as per section 172 of the Local Government Act 2009) on this matter due to her husband being employed by the Animal Welfare League Veterinary Clinic, and left the meeting room taking no part in the debate or decision of the meeting. Cr Gilmore left the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE, ADMINISTRATION & FINANCE (Continued) ITEM 9 2013-14 COMMUNITY GRANTS PROGRAM – ALLOCATION OF GRANT

FUNDING FN251/275/01/03(P9) REPORT CONFIDENTIAL (Continued)

Cr Crichlow declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to her being a patron of Southport Croquet; Gold Coast City Brass Band; Gold Coast Tweed and Pipe Band; Surfers Paradise Brass Band; Gold Coast Show Society; Gold Coast & Hinterland historical Society; Australian Red Cross; and Surf Life Saving South Coast Branch, and Vice President of Citizens Advice Bureau, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Crichlow remained in the room. Cr Grummitt declared a real (or perceived) conflict of interest (as per section 173 of the Local Government Act 2009) on this matter due to her being a board member of Crimestoppers and left the meeting room, taking no part in the debate or decision of the meeting. Cr Grummitt left the room. Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to her being a board member of Pasifika, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Gates remained in the room Cr Taylor declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to his involvement with Surf Life Saving, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. Cr Taylor remained in the room Cr McDonald declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to her being a past Vice President of Point Danger and South Coast Surf Life Saving Branches, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr McDonald remained in the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE, ADMINISTRATION & FINANCE (Continued) ITEM 9 2013-14 COMMUNITY GRANTS PROGRAM – ALLOCATION OF GRANT

FUNDING (Continued) FN251/275/01/03(P9) REPORT CONFIDENTIAL

RESOLUTION G13.0611.021 Moved Cr Owen-Jones Seconded Cr Gates That Committee Recommendation GA13.0606.009 be adopted, with a change to Parts 2 and 4, 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 (5) of the Local Government Act 2009.

2 That Council endorses the allocation of funds under the 2013-14 Community Grants Program as detailed in attachment 1 as amended by the Governance, Administration and Finance Committee on 6 June 2013.

3 That in view of the critical nature or importance of the services and activities provided by the community organisations detailed in Section 5.1.3 of the report, Council considers it to be in the public interest to enter into three year funding agreements with such organisations. Further, that the Chief Executive Officer arrange for the effective administration of this process with funding for years one, two and three of the agreements to be sourced from the Community Grants budget.

4 That the Community Grants Policy be amended to provide for Council to provide financial assistance to certain community organisations via funding agreements in alignment with the term of the current Council, as outlined in item 3 above, with such funding to the sole source of Council’s financial assistance unless otherwise resolved by Council.

5 That Council notes the 2012-13 Community Grants Program performance report in Section 5.2 of the report.

6 That Council notes that a further report recommending various improvements to the Community Grants Policy and Guidelines (including the amendments referred to in item 4 above) will be submitted for its consideration shortly.

7 That Council consider the expansion of the membership of the assessment panel for the 2014-15 Community Grants Program in March 2014.

CARRIED Cr Tozer. Cr Robbins, Cr Bell, Cr McDonald, Cr Taylor, Cr Gates and Cr Crichlow voted in favour of the resolution. Cr Gilmore and Cr Grummitt returned to the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.6 GOVERNANCE, ADMINISTRATION & FINANCE (Continued) ADOPTION OF GOVERNANCE, ADMINISTRATION & FINANCE COMMITTEE REPORT RESOLUTION G13.0611.022 Moved Cr Owen-Jones Seconded Cr Tozer That the Report of the Governance, Administration & Finance Committee’s Recommendations of Thursday, 6 June 2013, numbered GA13.0606.001 to GA13.0606.011, be adopted with the exception of:- Recommendation Number GA13.0606.009 which was specifically resolved.

CARRIED

The meeting adjourned at 15.59pm The meeting reconvened at 16.25pm


10 CONSIDERATION OF NOTICES OF MOTION 10.1 CLOSURE OF MAUDSLAND TRANSFER STATION The Mayor advised he would not receive the Notice of Motion but would ensure it is on the Agenda for the Council Meeting to be held on 21 June 2013. 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE Nil 12 PRESENTATION OF PETITIONS 12.1 EXTENSION OF WASTE SERVICE TO HINTERLAND AREAS AND CLOSURE OF

WASTE TRANSFER STATIONS RESOLUTION G13.0611.023 Moved Cr Tozer Seconded Cr Gilmore That the above Petition be received and referred to the Community and Cultural Committee for consideration and report to Council for 21 June 2013.

CARRIED

12.2 CLOSURE OF MAUDSLAND TRANSFER STATION RESOLUTION G13.0611.024 Moved Cr Gilmore Seconded Cr Tozer That the above Petition be received and referred to the Community and Cultural Committee for consideration and report to Council on 21 June 2013.

CARRIED


13 GENERAL BUSINESS 13.1 COUNCIL OF MAYORS (SEQ) MEMBERSHIP

LG426/997(P14)

RESOLUTION G13.0611.025 Moved Cr Owen-Jones Seconded Cr Betts 1 That Council agrees to discontinue membership of the Council of Mayors

(SEQ) Pty Ltd.

2 That the Mayor write to the Chairman, Cr Graham Quirk, Council of Mayors (SEQ) to inform him of Council’s decision.

A division was called. For 13 Cr Betts, Cr Grew, Cr Taylor, Cr Tozer, Cr La Castra, Cr Bell,

Cr Crichlow, Cr Gilmore, Cr Grummitt, Cr Caldwell, Cr Owen-Jones, Cr Gates, Cr Tate

Against 2 Cr Robbins, Cr McDonald Abstained 0 Absent 0

CARRIED

13.2 KOREAN VETERAN’S DAY COMMEMORATIVE SERVICE

SATURDAY 27 JULY 2013 CASCADE GARDENS BROADBEACH FN334/375/02

RESOLUTION G13.0611.026 Moved Cr Taylor Seconded Cr Gilmore That $3,542 be allocated from the Division 10 2012-13 Local Area Works Program Concerts and Functions budget to enable the Surfers Paradise RSL Sub Branch Inc conduct the Korean Veteran’s Day 60th Anniversary of the Korean War Armistice Commemorative Service on Saturday 27 July 2013 at the Queensland Korean War Memorial Cascade Gardens Gold Coast Highway Broadbeach. Funding will be used for the hire of marquees and chairs.

This is a minor community event under Council’s Community Grants Policy which is open to the public.

CARRIED UNANIMOUSLY


13 GENERAL BUSINESS (Continued)

13.3 KOKODA DAY COMMEMORATIVE SERVICE THURSDAY 8 AUGUST 2013 CASCADE GARDENS BROADBEACH FN334/375/02

RESOLUTION G13.0611.027 Moved Cr Taylor Seconded Cr Grew That $1,485 be allocated from the Division 10 2012-13 Local Area Works Program Concerts and Functions budget to enable the Surfers Paradise RSL Sub Branch Inc to conduct the Kokoda Day Commemorative Service on Thursday 8 August 2013 at the Kokoda Memorial Wall Cascade Gardens Gold Coast Highway Broadbeach. Funding will be used for the hire of marquees and chairs.

This is a minor community event under Council’s Community Grants Policy which is open to the public.

CARRIED UNANIMOUSLY

13.4 LAUNCH OF CHINATOWN MASTER PLAN FN334/375/02

RESOLUTION G13.0611.028 Moved Cr Crichlow Seconded Cr Tate That $5,000 be allocated from the 2012-13 Division 6 LAW budget toward the launch of the Chinatown Master Plan. The funds will be used to fit out a shop front in Young Street as part of the public display from 12 July to 19 July 2013. During this week people can view the master plan, the streetscape design for Young and Davenport Street, have a look at the 3D animation and explore the importance of Asian culture on the development of Gold Coast City.

The shop front has been provided to Council free of charge by Australia Fair.

CARRIED UNANIMOUSLY


13 GENERAL BUSINESS (Continued) 13.5 DESIGN AND PLANNING OF ROBINA CITY PARKLANDS

FN334/375/02

RESOLUTION G13.0611.029 Moved Cr Grew Seconded Cr Betts That $110,000 be allocated from the Division 11 Local Area Works 2012-13 budget for the design and planning of Robina City Parklands, Laver Drive, next to Skilled Park Stadium to provide recreational facilities for public use.

A division was called. For 13 Cr Robbins,Cr McDonald, Cr Betts, Cr Grew, Cr Taylor, Cr Tozer,

Cr La Castra, Cr Bell, Cr Gilmore, Cr Caldwell, Cr Owen-Jones, Cr Gates, Cr Tate

Against 2 Cr Crichlow Cr Grummitt Abstained 0 Absent 0

CARRIED

13.6 COMMENCING CONTRIBUTION TOWARDS CREATION OF AN UPGRADED FOOTPATH, AND BICYCLE WAY, AT NORTHCLIFF AND GARFIELD TERRACES, SURFERS PARADISE

RESOLUTION G13.0611.030 Moved Cr Bell Seconded Cr Tate That an amount of $250,000 be allocated from the 2012-2013 Division 7 Local Area Works Program, as a commencing contribution towards creation of an upgraded footpath, and bicycle way, at Northcliff and Garfield Terraces, Surfers Paradise.

CARRIED UNANIMOUSLY 13.7 PROGRAM CONCERTS & FUNCTIONS

RESOLUTION G13.0611.031 Moved Cr Caldwell Seconded Cr Grummitt That $3,380 be allocated from the Division 3 2012-13 Local Area Works Program Concerts and Functions allocation for the provision of entertainment at Tipplers Resort, South Stradbroke Island by Maz Entertainment for the four month period ending September 2013. This is a minor community event organised by Council at which the general public can attend and participate.

CARRIED UNANIMOUSLY


13 GENERAL BUSINESS (Continued) 13.8 CONFIDENTIAL LEGAL BRIEFING - PHOENIX POWER RECYCLERS V. GOLD

COAST CITY COUNCIL PLANNING & ENVIRONMENT COURT APPEAL 5003/12 PN131872/1123/01(P1)

Note: This item was dealt with as Part of Reception and Consideration of Committee

Reports, City Planning Section of the meeting. CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION Moved Cr Tate Seconded Cr Grew That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

13.8 Confidential Legal Briefing - Phoenix Power Recyclers v. Gold Coast City Council Planning & Environment Court Appeal 5003/12

Legal Matter

CARRIED UNANIMOUSLY PROCEDURAL MOTION Moved Cr Owen-Jones Seconded Cr Gilmore That the Council move into Open Session.

CARRIED Following resumption into Open Session Recommendation G13.0611.032. being General Business Item 13.8, was moved and carried as shown below.

RESOLUTION G13.0611.032 Moved Cr Crichlow Seconded Cr Caldwell That Council directs the Chief Executive Officer to resolve the appeal under his delegated authority, having regard to the information provided during the confidential legal briefing on the Phoenix Power Recyclers Pty Ltd v. Gold Coast City Council Planning & Environment Court Appeal No. 5003/12.

CARRIED Cr Gates was absent for this vote.


14 RESCHEDULING OF CAPITAL WORKS PROJECTS Nil 15 SPECIAL BUDGET COMMITTEE Nil There being no further business, the meeting was declared closed at 5.12pm.


I hereby certify that these pages Numbered 1 to 33 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday, 11 June 2013.

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

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