771
Minutes of the Council Meeting held Tuesday 26 March 2019 at 1pm
City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise
771st Council Meeting 2 26 March 2019 Minutes
INDEX Minutes (771) Council Meeting Tuesday 26 March 2019
Opening Prayer - Pastor Dale Smith of The River Church, Broadbeach Australian National Anthem
ITEM SUBJECT
1 ATTENDANCE / LEAVE OF ABSENCE
1.1 Cr Gates
2 CONDOLENCES
3 MAYORAL MINUTE
4 CONFIRMATION OF MINUTES
4.1 The Seven Hundred and Seventieth Meeting of the Council of the City of Gold Coast, held Tuesday 12 March 2019 at 1pm.
5 MAYOR’S REPORT
6 CLARIFICATION – MEMBERS
7 BUSINESS ARISING FROM MINUTES
8 PRESENTATIONS
9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS
9.1 Transport and Infrastructure 14 March 2019
9.2 Lifestyle and Community 14 March 2019
9.3 Economy, Planning and Environment 20 March 2019
9.4 Water & Waste 21 March 2019
9.5 Events, Tourism and Governance 21 March 2019
10 CONSIDERATION OF NOTICES OF MOTION
11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE
12 PRESENTATION OF PETITIONS
12.1 Recreational Vehicle Dump Point Cr Tate
771st Council Meeting 3 26 March 2019 Minutes
ITEM SUBJECT
13 GENERAL BUSINESS
13.1 Akuna Dragon Boat Club Inc Cr McDonald
13.2 Gold Coast Cycling Club inc Cr PJ Young
13.3 Deck Post Removal Broadbeach Mall Carousel Cr Taylor
13.4 Change of Location for Easter United Event Cr Tate
14 OTHER BUSINESS
14.1 February 2019 Monthly Financial Report
14.2 Investigations Policy
14.3 Major Event Opportunity (Confidential)
14.4 Information Management Policy
14.5 Information Privacy Policy
771st Council Meeting 4 26 March 2019 Minutes
ADOPTED AT COUNCIL 30 APRIL 2019
Minutes of the Seven Hundred and Seventy First Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday 26 March 2019, at 1pm.
CARRIED
Minutes of the Seven Hundred and Seventy First Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday 26 March 2019, at 1pm.
The Mayor, Cr T R Tate, welcomed Pastor Dale Smith of The River Church, Broadbeach, to open the meeting in prayer.
National Anthem
1 ATTENDANCE
Cr T R Tate Mayor Cr W M A Owen-Jones Cr C M Caldwell Cr K L Boulton Cr P J Young Cr D M Crichlow OAM Cr G J Baildon AM Cr R La Castra Cr G M Tozer Cr P A Taylor Cr H H C Vorster Cr P C Young Cr D I McDonald Cr G M O’Neill
Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr A Twine Director Transport and Infrastructure Ms A Ewens Director Lifestyle and Community Services Mr P Heaton Director Water & Waste Mr G Potter Director Organisational Services Ms A Swain Director Economy, Planning & Environment Mr M Moran Manager City Development Mr D Montgomery City Solicitor Mr L Wallace Manager Office of the Chief Executive Officer
1.1 LEAVE OF ABSENCE / APOLOGIES
RESOLUTION G19.0326.001 moved Cr Tate seconded Cr La Castra
That Leave of Absence for Cr Gates be granted.
CARRIED
771st Council Meeting 5 26 March 2019 Minutes
2 CONDOLENCES
Nil
3 MAYORAL MINUTE
Nil
4 CONFIRMATION OF MINUTES
RESOLUTION G19.0326.002 moved Cr Baildon seconded Cr Vorster
That the Minutes of the Seven Hundred and Seventieth Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 12 March 2019 at 1pm be confirmed.
CARRIED
5 MAYOR’S REPORT
5.1 RECENT VISITS AND SPEECHES
MAYOR’S REPORT
Tuesday, 26 March 2019
771st Council Meeting 6 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
HOTA Gallery Construction Update
HOTA Gallery Construction Update I’m pleased to say the development of our cultural precinct at HOTA is on time and on budget. For the Gallery, it’s not just a building - the Gallery itself will be a piece of art. Art is subjective and this new Gallery will raise a few eyebrows. We also have the Greenbridge underway.
771st Council Meeting 7 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Meeting with Indonesian Delegation from Bitung City
Meeting with Indonesian Delegation from Bitung City The delegation included Mr Maximiliaan Jonas Lomban, the Mayor of Bitung and other senior officials from their City Government and Parliament of Bitung. Their 3-day visit focused on exploring collaborative opportunities in tourism and the education sector. Bitung is a city located on the northern coast of the island of Sulawesi, in the North Sulawesi Province in Indonesia.
771st Council Meeting 8 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Dive Wreck Update
Dive Wreck Update The City is a step closer to delivering a unique artificial dive site to boost our tourism appeal. Expressions of Interest opened on 16 March seeking a contractor with innovative ideas and information on artificial reefs to design and construct the Gold Coast Dive Attraction. This first stage in the Gold Coast Dive Precinct is projected to bring $32.8 million into the region’s economy in the first 10 years of operation, including 166,543 new overnight visitors. This is the initial step in realising a long-held aspiration for the Gold Coast to diversify its offerings in dive and eco-tourism. We’re ready, the dive industry is ready and the tourism and business sectors are waiting. We’re getting on with the project while awaiting the outcome of our full business case submission to the State Government as part of its Growing Tourism Infrastructure Fund which aims to realise the government’s vision for future-proofing the tourism industry. With 220 diveable days per year, this will be a unique attraction luring divers from across the world. It will offer something for all certification levels, from those who can descend to 8m, right down to 30m. The City has a sound business case, technical studies have been completed and we are ready to deliver this unique nature-based tourism project. The coast is well placed to harness the untapped potential of the dive tourism market, while contributing to the growth of the Queensland visitor economy. Supporting up to 18 jobs during construction and 80 once built, this project will strengthen our economy and provide diverse tourism offerings. Expressions of interest close on 10 April with a successful tenderer expected to be announced by the end of June. The proposed site is 3.5km south-east of the seaway and 2.5 kilometres offshore from Main Beach, at a depth of 30m. The attraction will be engineered to fast track marine growth and attract marine life. The Dive Attraction business case has been informed by a 12-month monitoring study of the Main Beach site by International Coastal Management (ICM), in partnership with the Griffith Centre for Coastal Management (GCCM).
771st Council Meeting 9 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Gold Coast SUNS 2019 Season Launch
Gold Coast SUNS 2019 Season Launch It was a pleasure to support our local AFL team for their launch of the 2019 AFL Season at HOTA. It was an honour for me to hand out the jerseys to the new incoming players. We got to meet the new look Gold Coast SUNS Team at a cocktail style function hosted by SEA FM’s Dan Anstey. And also heard from Senior Coach Stuart Dew, the club’s new co-captains David Swallow and Jarrod Witts and Chairman Tony Cochrane. And though the SUNS missed out by a single point over the weekend, it’s clear they are in for a strong season – so best of luck!
771st Council Meeting 10 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Gold Coast Show 2019 Announcement
Gold Coast Show 2019 Announcement Councillors, as we know, we have secured the Gold Coast Show at the Broadwater Parklands for the next 4 years. And one of the best parts about this for Gold Coasters is that it’s free to enter – so you can spend your money on show bags and dagwood dogs. This year’s Gold Coast Show will be from 30 August to 1 September.
771st Council Meeting 11 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Launch of Harmony Day 2019
Launch of Harmony Day 2019 This year marks the 20th year of Harmony Day. I joined with other civic leaders to express the heartache being felt across our city, almost a week after the Christchurch tragedy. I was joined by Forward Church Senior Pastor Daniel Tiaiti. Given our close connections with New Zealand, our largest multicultural community, we share their grief. Our thoughts are with them as they reflect on so many lives lost. Words are rarely enough but seeing our community come together to support each other in times of such pain gives me great comfort. And Harmony Day was a reminder to come together. More than ever, it is important to demonstrate we are an inclusive community where everyone feels a sense of belonging. To acknowledge Harmony Day, lighting across the city was switched to orange – locations included Nerang Street, Southport; Surfers Paradise sign, Cavill Ave; Broadbeach sign, Victoria Park; Surf Parade, Broadbeach; Bulletin Park, Broadbeach; and Home of the Arts, Surfers Paradise.
771st Council Meeting 12 26 March 2019 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Official Opening Ceremony for Japan and Friends Day
Official Opening Ceremony for Japan and Friends Day Cr Paul Taylor and Gary Baildon attended. It was great to attend this annual family-friendly event that introduces and promotes traditional Japanese culture to the Gold Coast. Held in Broadbeach at the Albert Waterways Community Centre all day on Saturday, there was various food and craft stalls, live entertainment by performers and interactive workshops. Japanese Drum, Classical Japanese Dance, Yosakoi Dance, Karate, Tea ceremony and much more.
RESOLUTION G19.0326.003 moved Cr Tate seconded Cr Taylor
That the Mayor’s Report be welcomed and noted. CARRIED
771st Council Meeting 13 26 March 2019 Minutes
6 CLARIFICATION - MEMBERS
Nil
7 BUSINESS ARISING FROM MINUTES
7.1 Cr Tate – City Contracting Plan
Councillors,
On page 33 of the Minutes of the last meeting I made a declaration of a perceived conflict of interest in regards to the City Contracting Plan that mentioned Optus as one of Councillors suppliers for ICT services.
I noted that the value of the gift that gave rise to the COI was $1000.
I have checked my records and gift register and confirm that the value of the gift was approximately $2000 as it was for both Ruth and I.
The trip was made in 2015.
I ask that this updated advice be entered into the record of this meeting.
I don’t believe that this has any bearing on the outcome of the decision as the vote was 14 to 0 in the positive. Therefore the motion carried.
I enter into this meeting’s record that I have attended the following events as part of my Mayoral duties under the events contract between the PGA and the City of Gold Coast:
Greg Norman Dinner Australian PGA US Masters British Open
8 PRESENTATIONS
Nil
771st Council Meeting 14 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS
9.1 TRANSPORT AND INFRASTRUCTURE
Cr PC Young, Chairperson of the Transport and Infrastructure Committee, presented the Report of the Meeting of the Transport and Infrastructure Committee held on Thursday, 14 March 2019.
RESOLUTION G19.0326.004 moved Cr PC Young seconded Cr Taylor
That the Report of the Transport and Infrastructure Committee Meeting held on Thursday, 14 March 2019, covered by Recommendations numbered TI19.0314.001 to TI19.0314.006, be received.
CARRIED
ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE REPORT
RESOLUTION G19.0326.005 moved Cr PC Young seconded Cr Taylor
That the Report of the Transport and Infrastructure Committee Meeting of Thursday, 14 March 2019, covered by Recommendations numbered TI19.0314.001 to TI19.0314.006, be adopted.
CARRIED UNANIMOUSLY
771st Council Meeting 15 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.2 LIFESTYLE AND COMMUNITY
Cr Vorster, Chairperson of the Lifestyle and Community Committee, presented the Report of the Meeting of the Lifestyle and Community Committee held on Thursday, 14 March 2019.
RESOLUTION G19.0326.006 moved Cr Vorster seconded Cr O’Neill
That the Report of the Lifestyle and Community Committee Meeting held on Thursday, 14 March 2019, covered by Recommendations numbered LC19.0314.001 to LC19.0314.006, be received.
CARRIED
ITEM 4 GOLD COAST BIOSECURITY MANAGEMENT PLAN 2019-2024 HL464/179/-(P7)
RESOLUTION G19.0326.007 moved Cr Vorster seconded Cr O’Neill That Committee Recommendation LC19.0314.004 be adopted as printed which reads as follows:-
1 That the results of the community engagement and marketing report be noted. 2 That the revised Gold Coast Biosecurity Management Plan 2019-24 be adopted. 3 That Council authorise the City of Gold Coast Surveillance Program for Invasive Plants 2019 (Attachment 3) pursuant to section 235 of the Biosecurity Act 2014. 4 That Council authorise the City of Gold Coast Prevention and Control Program for 2019 (Attachment 4) pursuant to section 235 of the Biosecurity Act 2014.
CARRIED UNANIMOUSLY
ITEM 6 GREYWILLOW BLVD & RUSS HINZE PARK OXENFORD PN183222/16
RESOLUTION G19.0326.008 moved Cr Owen-Jones seconded Cr Vorster That Committee Recommendation LC19.0314.006 be not adopted but in lieu thereof reads as follows:- That the Director of Lifestyle and Community take all reasonable steps to ensure that the geese in Water Hen Park are cost effectively and humanely managed having regard to local community expectations and any relevant obligations.
CARRIED UNANIMOUSLY
ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE REPORT
RESOLUTION G19.0326.009 moved Cr Vorster seconded Cr O’Neill
That the Report of the Lifestyle and Community Committee’s Recommendations of Thursday, 14 March 2019, numbered LC19.0314.001 to LC19.0314.006, be adopted with the exception of Recommendation Numbers LC19.0314.004 and LC19.0314.006 which were specifically resolved.
CARRIED UNANIMOUSLY
771st Council Meeting 16 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT
Cr Caldwell, Chairperson of the Economy, Planning and Environment Committee, presented the Report of the Economy, Planning and Environment Committee held on Wednesday, 20 March 2019.
RESOLUTION G19.0326.010 moved Cr Caldwell seconded Cr O’Neill
That the Report of the Economy, Planning and Environment Committee Meeting held on Wednesday, 20 March 2019, covered by Recommendations numbered EPE19.0320.001 to EPE19.0320.011 be received. CARRIED
ITEM 1 STUDY GOLD COAST 2017/18 REPORT UPDATE PD330/398/-(P21)
Conflict of 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: My wife is employed by a member of Study Gold Coast The name of the person or entity is: Melissa Vorster The nature of the relationship is: Melissa Vorster is employed by Bond University 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: Bond University which is a member of Study Gold Coast However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that it is remote in nature. PROCEDURAL MOTION moved Cr Tozer seconded Cr PJ Young Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Vorster has a perceived conflict of interest in this matter because of his relationship with Bond University. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009,Cr Vorster and Cr Caldwell did not vote. PROCEDURAL MOTION moved Cr Tozer seconded Cr Boulton Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that: Cr Vorster may participate in the meeting and vote on the matter because the interest is of a remote and minor nature. CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Vorster and Cr Caldwell did not vote.
771st Council Meeting 17 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 1 STUDY GOLD COAST 2017/18 REPORT UPDATE PD330/398/-(P21) (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: Council’s appointed representative to be board of Study Gold Coast The name of the person or entity is: Study Gold Coast The nature of the relationship is: Council’s representative to the board of Study Gold Coast 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: Council’s appointed representative to be board of Study Gold Coast However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that is in the best interest of the public as Council’s appointed representative to be board of Study Gold Coast. PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr PC Young Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Caldwell has a perceived conflict of interest in the matter as he is Council’s appointed representative to the board of Study Gold Coast. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell and Cr Vorster did not vote.
PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Baildon Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that: Cr Caldwell may participate in the meeting and vote on the matter because he is Council’s appointed representative to Study Gold Coast CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell and Cr Vorster did not vote.
771st Council Meeting 18 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 1 STUDY GOLD COAST 2017/18 REPORT UPDATE PD330/398/-(P21) (Continued)
RESOLUTION G19.0326.011 moved Cr PJ Young seconded Cr O’Neill That Committee Recommendation EPE19.0320.001 be adopted as printed which reads as follows:-
That Council note the Study Gold Coast six monthly report as at 31 December 2018 as a requirement of its funding agreement with Council. CARRIED UNANIMOUSLY
Cr Vorster and Cr Caldwell voted in the positive
ITEM 2 REPORT ON AN OTHER CHANGE APPLICATION TO A MATERIAL CHANGE OF USE APPROVAL (IMPACT ASSESSMENT) FOR A DUAL OCCUPANCY AT 45 MURLONG CRESCENT PALM BEACH – DIVISION 13 OTH/2018/1424
Conflict of Interest:- Cr Owen-Jones Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a perceived conflict of interest the particulars of which are as follows:
The name of the person or entity is: Geyer Town Planning The nature of the relationship is: A Director of Zone Planning was a Director of Geyer Town Planning who contributed to my 2016 campaign. The value of the gift or benefit is: $900 The date of the gift: 23 August 2015 The nature of the other person’s interest in the matter is: David Geyer, formerly of Geyer Town Planning, is a Director of Zone Planning, a consultant to this application. However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the city has received further legal advice in regards to perceived conflict of interest. Given the value of the donation and the context it was given and the fact that I do not have a personal relationship with David Geyer I intend to remain in the room. PROCEDURAL MOTION moved Cr Tozer seconded Cr PC Young Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Owen-Jones has a perceived conflict of interest in this matter for the reasons as declared by Cr Owen-Jones. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote.
771st Council Meeting 19 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 2 REPORT ON AN OTHER CHANGE APPLICATION TO A MATERIAL CHANGE OF USE APPROVAL (IMPACT ASSESSMENT) FOR A DUAL OCCUPANCY AT 45 MURLONG CRESCENT PALM BEACH – DIVISION 13 OTH/2018/1424 (Continued)
PROCEDURAL MOTION moved Cr Tozer seconded Cr PC Young Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that: Cr Owen-Jones may participate in the meeting and vote on the matter because written advice from the Electoral Commission Qld dated 27 September 2018 detailed a consultant engaged by a developer to provide professional services is not the applicant and not a prohibited donor and as the donation is minor and is of a remote nature. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote. RESOLUTION G19.0326.012 moved Cr O’Neill seconded Cr Baildon
That Committee Recommendation EPE19.0320.002 be adopted as printed in the Economy, Planning and Environment Committee meeting report.
CARRIED
Cr Owen-Jones voted in the positive
771st Council Meeting 20 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 7 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A FUNCTION FACILITY (IMPACT ASSESSMENT) AT 507 CURRUMBIN CREEK ROAD, CURRUMBIN MCU/2018/1041 DIVISION 14
Conflict of Interest – Cr Owen-Jones Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The name of the person or entity is: Mark Lacy The nature of the relationship is: Donor to 2016 Election Campaign The value of the gift is: $900 The date of receipt of the gift is: 8 September 2015 The nature of the other person’s interest in the matter is: Mark Lacy is a partner of Hickey Lawyers and Hickey Lawyers have been identified by Cr PJ Young as a submitter on behalf of a resident in regards to the application. However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the nature of the relationship is extremely remote. PROCEDURAL MOTION moved Cr Tozer seconded Cr PC Young Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Owen-Jones has a perceived conflict of interest in this matter because of the matters outlined in his declaration. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young and Cr Owen-Jones did not vote.
PROCEDURAL MOTION moved Cr Tozer seconded Cr Caldwell Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that: Cr Owen-Jones may participate in the meeting and vote on the matter because the nature of the conflict is far removed from the matter being considered. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young and Cr Owen-Jones did not vote.
771st Council Meeting 21 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 7 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A FUNCTION FACILITY (IMPACT ASSESSMENT) AT 507 CURRUMBIN CREEK ROAD, CURRUMBIN MCU/2018/1041 DIVISION 14 (Continued)
Conflict of Interest – Cr PJ Young 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: In correspondence I have received, Hickey Lawyers have been identified as a submitter to this proposal on behalf of adjoining residents The name of the person or entity is: Hickey Lawyers The nature of the relationship is: Hickey Lawyers are acting on behalf of the Mayor in a defamation matter against me. 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: as I understand it, Hickey Lawyers are merely submitters on behalf of the neighbouring property owners However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the conflict is of a minor and remote nature.
PROCEDURAL MOTION moved Cr Tozer seconded Cr McDonald Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr PJ Young has a perceived conflict of interest in this matter because of the matters outlined in his declaration. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young and Cr Owen-Jones did not vote. PROCEDURAL MOTION moved Cr Baildon seconded Cr Tozer Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that: Cr PJ Young may participate in the meeting and vote on the matter because the nature of the conflict is far removed from the matter being considered. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young and Cr Owen-Jones did not vote.
771st Council Meeting 22 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 7 REPORT ON DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A FUNCTION FACILITY (IMPACT ASSESSMENT) AT 507 CURRUMBIN CREEK ROAD, CURRUMBIN MCU/2018/1041 DIVISION 14 (Continued)
Cr Owen-Jones advised:
In accordance with my obligation under section 175G(2) of the Local Government Act 2009, I advise the Chair that:
(a) I reasonably believe or suspect that Cr Tate has a: a. Perceived conflict of interest in the matter; Which Cr Tate has informed the meeting about. (b) The facts and circumstances that form the basis of my reasonable belief or suspicion are: a. Hickey lawyers have been named as part of today’s proceedings as acting on behalf of a submitter and that whilst I accept the Mayor’s advice in relation to the perception of conflict of interest, Council should deal with the matter.
PROCEDURAL MOTION moved Cr Tozer seconded Cr McDonald
Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Tate does not have a real or perceived conflict of interest in the matter because the solicitor involved in the defamation matter at Hickey Lawyers has had no involvement in the planning matter, and any relationship is remote in its nature.
CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones, Cr PJ Young and Cr Tate did not vote.
RESOLUTION G19.0326.013 moved Cr PJ Young seconded Cr Caldwell
That consideration of this application be deferred to a future meeting of the Economy Planning and Environment Committee.
CARRIED UNANIMOUSLY
Cr Owen-Jones and Cr PJ Young voted in the positive
771st Council Meeting 23 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 4 REPORT ON SOUTHPORT PRIORITY DEVELOPMENT AREA APPLICATION FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (PERMISSIBLE DEVELOPMENT) FOR A PARKING STATION (INTERIM LAND USE) AT 3 & 5 PARK LANE, SOUTHPORT AND 15B SCARBOROUGH STREET, SOUTHPORT – DIVISION 6 PDA/2018/751
RESOLUTION G19.0326.014 moved Cr Crichlow seconded Cr O’Neill
That Committee Recommendation EPE19.0320.004 be adopted as printed in the Economy, Planning and Environment Committee meeting report with the following additional Advice Note (H) included.
New Advice Note “H: Use of Parking station for Gold Coast Little Theatre”
This approval does not restrict the use of the car park for patrons or guests of the Gold Coast Little Theatre. Specifically, Condition 5 (Hours of Operation) of this approval is restricted to the commercial operation of the Parking station and does not limit parking for the Gold Coast Little Theatre should an arrangement be reached with the land owner.
CARRIED UNANIMOUSLY
ITEM 5 REPORT ON DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A CHILD CARE CENTRE AND COMMUNITY CARE CENTRE AT 2, 4 & 6 MOANA PARK AVENUE AND 73 RIO VISTA BOULEVARDE, BROADBEACH WATERS DIVISION 10 PN118873/01/DA2 / MCU201800386
RESOLUTION G19.0326.015 moved Cr PJ Young seconded Cr PC Young
That Committee Recommendation EPE19.0320.005 be adopted as printed in the Economy, Planning and Environment Committee meeting report with the addition of the following additional statement in the ‘statement of reasons’ on the Decision Notice:
a The placement capacity of 90 children is considered to provide an intensity of development which maintains the local character and amenity expected within the Suburban neighbourhood and Low density residential zone. Conditions have been imposed to ensure that the number of people on site, in association with the development, does not exceed the intensity considered appropriate by this approval having regard to the local area; b The development is considered to represent a small-scale commercial land use which will maintain the existing function and desired future appearance of the Suburban neighbourhood and the character of the area. Conditions have been imposed which ensure that the operation of the Child care centre and/or Community care centre does not expand its gross floor area beyond that contemplated within this approval.
CARRIED
771st Council Meeting 24 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 6 REPORT ON CHANGE (OTHER) TO A DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A RESIDENTIAL CARE FACILITY AT 1, 3 & 5, BINDA PLACE, 8, 10 & 12 BUNDALL ROAD & 2 BOOMERANG CRESCENT, BUNDALL – OTH/2018/1419 – DIVISION 10
Conflict of Interest – Cr PJ Young 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: submissions they were making in regard to the original development proposal on the site at no cost when I was not a Councillor The name of the person or entity is: Various local residents The nature of the relationship is: None 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: They are residents However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the conflict is of a minor and remote nature.
PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr O’Neill Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr PJ Young does not have a real or perceived conflict of interest in the matter because of the remoteness of the disclosure to the subject matter. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr PJ Young did not vote.
RESOLUTION G19.0326.016 moved Cr PC Young seconded Cr Tozer
That Committee Recommendation EPE19.0320.006 be adopted as printed in the Economy, Planning and Environment Committee meeting report.
CARRIED
771st Council Meeting 25 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ITEM 3 REPORT ON AN OTHER CHANGE APPLICATION TO A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR MULTIPLE DWELLINGS (15 DWELLINGS) AT 418 THE ESPLANADE, PALM BEACH – DIVISION 13 OTH/2018/1422
RESOLUTION G19.0326.017 moved Cr Caldwell seconded Cr O’Neill
That Committee Recommendation EPE19.0320.003 be adopted as printed in the Economy, Planning and Environment Committee meeting report.
CARRIED
Cr McDonald requested that her vote in the negative be recorded
ITEM 11 MUDGEERABA INVESTIGATION AREA COMMUNITY CONSULTATION OUTCOMES PD113/1275/14/02 REPORT CONFIDENTIAL
RESOLUTION G19.0326.018 moved Cr Tozer seconded Cr Caldwell That Committee Recommendation EPE19.0320.010 be adopted as printed which reads as follows:-
1 That the report/attachment be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009. 2 That the attached ‘Mudgeeraba Survey Report’ (Attachment A) be noted by Council. 3 That the attached ‘Mudgeeraba Investigation Area – Community Meetings Report’ (Attachment B) be noted by Council. 4 That attached draft City Plan update of the strategic framework (Attachment E) is endorsed to be included in a future Minor and Administrative update package. 5 That the Mudgeeraba Investigation Area is to maintain a rural residential character and intent with the ability for further investigation to occur as part of a future review of policy direction for growth and development in the city beyond 2031. 6 That that the respondents to the Mudgeeraba Investigation Area Survey and property owners within the Mudgeeraba Investigation Area are notified of the above Council resolutions.
CARRIED UNANIMOUSLY
771st Council Meeting 26 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued)
ADOPTION OF THE ECONOMY, PLANNING AND ENVIRONMENT COMMITTEE REPORT
RESOLUTION G19.0326.019 moved Cr Caldwell seconded Cr O’Neill
That the Report of the Economy, Planning and Environment Committee’s Recommendations of Wednesday, 20 March 2019, numbered EPE19.0320.001 to EPE19.0320.011 be adopted with the exception of:-
Recommendation Numbers EPE19.0320.001 EPE19.0320.002 EPE19.0320.003 EPE19.0320.004 EPE19.0320.005 EPE19.0320.006 EPE19.0320.010 and Item 7 which were specifically resolved.
CARRIED
771st Council Meeting 27 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.4 WATER & WASTE
Cr Taylor, Chairperson of the Water & Waste Committee, presented the Report of the Water & Waste Committee held on Thursday, 21 March 2019.
RESOLUTION G19.0326.020 moved Cr Taylor seconded Cr Boulton
That the Report of the Water & Waste Committee Meeting held on Thursday, 21 March 2019, covered by Recommendations numbered WW19.0321.001 to WW19.0321.008 be received.
CARRIED
ITEM 7 INTRODUCTION OF A FOOD ORGANICS GREEN ORGANICS (FOGO) SERVICE HL323/113/-(P3)
RESOLUTION G19.0326.021 moved Cr Vorster seconded Cr PJ Young That Committee Recommendation WW19.0321.007 be adopted as printed which reads as follows:-
1 That Council notes this Report. 2 That a further report outlining the phased introduction of a food organics green organics (FOGO) service to be presented to Council by the end of the 2019 calendar year.
CARRIED UNANIMOUSLY
ADOPTION OF THE WATER & WASTE COMMITTEE REPORT
RESOLUTION G19.0326.022 moved Cr Taylor seconded Cr Boulton
That the Report of the Water & Waste Committee’s Recommendations of Thursday, 21 March 2019, numbered WW18.0321.001 to WW18.0321.008, be adopted with the exception of Recommendation Numbers WW19.0321.007 which was specifically resolved.
CARRIED UNANIMOUSLY
771st Council Meeting 28 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.5 EVENTS, TOURISM AND GOVERNANCE
Cr La Castra, Chairperson of the Events, Tourism and Governance Committee, presented the Report of the Meeting of the Events, Tourism and Governance Committee held on Thursday, 21 March 2019.
RESOLUTION G19.0326.023 moved Cr La Castra seconded Cr PC Young
That the Report of the Events, Tourism and Governance Committee Meeting held on Thursday, 21 March 2019 covered by Recommendations numbered ETG19.0321.001 to ETG19.0321.012 be received.
CARRIED
ITEM 10 AUSTRALIAN PGA CHAMPIONSHIP CS105/274/2019(P1) REPORT CONFIDENTIAL
Conflict of Interest – Cr Boulton 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: recipient of tickets to golf and Greg Norman dinner The name of the person or entity is: PGA Australia The nature of the relationship is: Receipt of hospitality The value of the gift is: over $500 The date of receipt of the gift is: 2017-18 The nature of the other person’s interest in the matter is: City of Gold Coast sponsorship arrangement However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that I was attending the event in my capacity as a Councillor. PROCEDURAL MOTION moved Cr Vorster seconded Cr PJ Young Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Boulton does not have a conflict of interest in this matter because she attended the events in her capacity as a Councillor. CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Boulton and Cr Caldwell did not vote.
771st Council Meeting 29 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.5 EVENTS, TOURISM AND GOVERNANCE (Continued)
ITEM 10 AUSTRALIAN PGA CHAMPIONSHIP CS105/274/2019(P1) (Continued) REPORT CONFIDENTIAL
Conflict of Interest – Cr Caldwell Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The nature of the interest is: recipient of tickets to golf and Greg Norman dinner The name of the person or entity is: PGA Australia The nature of the relationship is: receipt of hospitality The value of the gift is: over $500 The date of receipt of the gift is: 2016-2018 The nature of the other person’s interest in the matter is: City of Gold Coast sponsorship arrangement However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that I was attending the event in my capacity as a Councillor. PROCEDURAL MOTION moved Cr Vorster seconded Cr Baildon Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that: Cr Caldwell does not have a conflict of interest in this matter because the Council received benefits pursuant to its contractual arrangements.
CARRIED
In accordance with Section 175E(4) of the Local Government Act 2009, Cr Boulton and Cr Caldwell did not vote.
RESOLUTION G19.0326.024 moved Cr Owen-Jones seconded Cr PJ Young That Committee Recommendation ETG19.0321.009 be adopted as printed which reads as follows:-
1 That the report/attachment be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009. 2 That the proposed new dates of the 2019 Australian PGA Championship are noted.
CARRIED
771st Council Meeting 30 26 March 2019 Minutes
9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)
9.5 EVENTS, TOURISM AND GOVERNANCE (Continued)
ITEM 2 BROADBEACH ALLIANCE LIMITED – BI-ANNUAL PERFORMANCE REVIEW LG426/1100/-(P8)
RESOLUTION G19.0326.025 moved Cr Tozer seconded Cr PC Young That Committee Recommendation ETG19.0321.002 be adopted as printed which reads as follows:-
That Council notes Broadbeach Alliance Ltd’s bi-annual performance report for the half-year ended 31 December 2018.
CARRIED
ITEM 13 RECORDING OF STANDING AND SPECIAL COMMITTEE MEETINGS LG449/740/01(P1)
RESOLUTION G19.0326.026 moved Cr Owen-Jones seconded Cr PJ Young That Committee Recommendation ETG19.0321.012 be adopted as printed which reads as follows:-
That the Chief Executive Officer bring a report to Council in relation to the recording of Standing and Special Committee Meetings held in Chambers.
CARRIED
ITEM 8 INFORMATION MANAGEMENT POLICY IM634/171/07
ITEM 9 INFORMATION PRIVACY POLICY IM634/171/07
PROCEDURAL MOTION move Cr McDonald seconded Cr Baildon
That Items 8 & 9 be dealt with later in the meeting as Items 14.4 and 14.5.
CARRIED
ADOPTION OF EVENTS, TOURISM AND GOVERNANCE COMMITTEE REPORT
RESOLUTION G19.0326.027 moved Cr La Castra seconded Cr PC Young
That the Report of the Events, Tourism and Governance Committee Recommendations of Thursday, 21 March 2019, numbered ETG19.0321.001 to ETG19.0321.012, be adopted with the exception of: Recommendation Numbers ETG19.0321.002 ETG19.0321.010 ETG19.0321.013 which were specifically resolved and ETG19.0321.008 and Item 8 to be discussed as Items 14.4 & 14.5. CARRIED Meeting adjourned at 3.19pm Meeting reconvened at 3.40pm
771st Council Meeting 31 26 March 2019 Minutes
10 CONSIDERATION OF NOTICES OF MOTION
Nil
11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE
Nil
12 PRESENTATION OF PETITIONS
12.1 RECREATIONAL VEHICLE DUMP POINT PN257664/16
RESOLUTION G19.0326.028 moved Cr Tate seconded Cr Caldwell
That the petition noting the economic benefits of RV Tourism be received and referred to the Lifestyle and Community Committee for a report to be prepared for potential partnering with the Campervan and Motorhome Club of Australia Ltd (CMCA) for the delivery of the City’s first ‘RV Dump Point’ outside of an existing holiday camping ground as part of CMCA’s ‘Dump Ezy’ dump point subsidy program at the Council car park adjacent to the Mudgeeraba Bowls Club at 1 Somerset Drive Mudgeeraba.
CARRIED
13 GENERAL BUSINESS
13.1 AKUNA DRAGON BOAT CLUB INC FN334/375/20
RESOLUTION G19.0326.029 moved Cr McDonald seconded Cr Owen-Jones
That Council approves funding of $1000 from Division 13 Local Area Works 2018-19 Budget to the Akuna Dragon Boat Club Inc as a contribution towards the Club’s representation at the International Dragon Boat Championships to be held at Keeling River, Taipei in June 2019. CARRIED
13.2 GOLD COAST CYCLING CLUB INC FN334/375/20
RESOLUTION G19.0326.030 moved Cr PJ Young seconded Cr Boulton
That Council approve a donation to Gold Coast Cycling Club Inc in the amount of $10,855 from 2018-19 Local Area Works & Services Program – Division 5 to enable the Club to replace equipment stolen in several thefts at the Club facility at the Gold Coast Cycling Centre. This one-off donation is made outside Council’s competitive grants and donations programs and is made on public interest grounds.
CARRIED
771st Council Meeting 32 26 March 2019 Minutes
13 GENERAL BUSINESS (Continued)
13.3 NEW DECK POST REMOVAL BROADBEACH MALL CAROUSEL FN334/375/20
RESOLUTION G19.0326.031 moved Cr Taylor seconded Cr PC Young
That an allocation of $100,000 be provided from the Division 10 Local Streetscaping Program (PN27699) to facilitate the construction of a new deck, balustrade, seating and associated lighting in the Broadbeach Mall post removal of the Broadbeach Mall Carousel. The project will be undertaken by Project Management. CARRIED
13.4 CHANGE OF LOCATION FOR EASTER UNITED EVENT CS105/274/2019
Conflict of Interest – Cr Tozer Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The name of the person or entity is: Juice Media Limited The nature of the relationship is: I am a former Director of Juice Media Limited The value of the gift or benefit is: Nil The nature of the other person’s interest in the matter is: Juice Media Limited is a proposed funding recipient I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr Tozer left the room
RESOLUTION G19.0326.032 moved Cr Tate seconded Cr PC Young
1 That the applicant (Juice Media Ltd) be advised that Council will provide support to the 2019 and 2020 Combined Churches Easter Celebration to be held on the 21 April 2019 and 12 April 2020 at the Broadwater Parklands (instead of HOTA) via cash support of up to $80,000 (plus GST) per annum. All funds expended in support of this event must be acquitted with such acquittal being provided to Council no later than 31 May of the relevant year. 2 That the cash support referred to in 1) above may be used for expenditure related to venue costs, labour, associated support and infrastructure costs only (and is subject to the organiser securing all statutory approvals for the event); 3 That the cash support for this event continues to be sourced from the Events Reserve; and 4 That the applicant ensures all promotional material is approved by the City Events Unit to ensure all messages relating to the event transport and logistics meet event planning requirements.
CARRIED
Cr Tozer returned to the room
771st Council Meeting 33 26 March 2019 Minutes
14 OTHER BUSINESS
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT FN334/375/20(P1)
Refer Attachment 1: 2018-19 Special Purpose Statement of Income and Expenditure and Special Purpose Statement of Financial Position – February 2019
1 BASIS FOR CONFIDENTIALITY
Not Applicable.
2 EXECUTIVE SUMMARY
Not Applicable.
3 PURPOSE OF REPORT
The Local Government Act 2009 and the Local Government Regulation 2012 require the Chief Executive Officer to present a financial report to Council on a monthly basis. The attached report is provided to Council in accordance with the above statutory requirements for February 2019.
4 PREVIOUS RESOLUTIONS
Not Applicable.
5 DISCUSSION
Monthly financial reporting to Council is specified under section 204 of the Local Government Regulation 2012. It requires the Chief Executive Officer to present a financial report to Council on a monthly basis, stating the progress that has been made in relation to the local government’s budget. To aid in understanding the budget to actual position a Special Purpose Statement of Income and Expenditure and Special Purpose Statement of Financial Position are provided in Attachment 1. The purpose of each statement is summarised below:
Special Purpose Statement of Income and Expenditure - The Statement of Income and Expenditure measures Council’s performance over the year and includes all sources of income and all operating expenses. A favourable net result indicates Council is increasing its community equity, i.e. net accumulated financial worth. Combined Statements of Income and Expenditure for Gold Coast Water, Waste Management, Tourist Parks and Other Council Activities are also provided in Attachment 1.
Special Purpose Statement of Financial Position - The Statement of Financial Position sets out Council’s net accumulated financial worth at a point in time. It shows the assets that Council holds as well as liabilities or claims against these assets.
These special purpose financial statements are prepared for Council in satisfaction of the statutory requirement noted above. They are extracted directly from the financial system after each month is closed, so the amounts shown in the report reflect unaudited account balances. On rare occasions the report may reflect an adjusted amount, where material errors or omissions in the financial system are known and quantifiable.
771st Council Meeting 34 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
2018-19 BASIS OF REPORTING & TREND ANALYSIS
The budget figures presented in this report as at 28 February 2019 represents the 2018-19 December Budget Review position, after reprovisions.
As part of the monthly reporting process, Directorates are requested to identify significant budget trends. A trend is generally caused by an external influence beyond Council’s control (e.g. legislative, economic/financial markets, weather, etc.) and could potentially result in a variation to the level of service provided by Council. Budget variations are considered in the budget review process. There are no trends to report for February 2019.
2018-19 YEAR TO DATE PROGRESS AND COMPARATIVE ANALYSIS
Progress against capital and operating budgets can be expressed in a series of high level indicators as provided below. These indicators show that revenue and expenditure are generally within expectations at this point in the financial year.
When reviewing the budget to actual position on the statements it should be noted that Council’s budget is prepared on an annual basis, whereas actual figures are presented on a progressive monthly basis. Pro rata comparisons may not be appropriate because actual results may not occur evenly throughout the year, for example when they are influenced by seasonality or when works / programs are ahead of or behind schedule, or progress at a rate which is not uniform throughout the year. Such timing variances do not indicate a need for budget adjustment. Examples of variances which should be addressed through budget adjustments are:
o planning variances where the intended program / outputs have changed; o cost/efficiency variances, such as savings or over-expenditure, that will not be absorbed within the budget area o price variances, where the price of inputs changed.
The graphs presented below attempt to take seasonality of budget expenditure into account by comparing actual expenditure and revenue for the year to date to a Previous Year Pattern.
o The Previous Year Pattern percentage shows the percentage of last year’s total expenditure that had been spent at the corresponding time last year based on the final Revised Budget. o The Previous Year Pattern amount shows the actual reported amount at the corresponding time last year.
Previous Year Pattern for revenue is a similar calculation based on revenue received at the corresponding time last year.
771st Council Meeting 35 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
OPERATING EXPENDITURE
The graph provides a comparison of year to date actual operating expenditure to budget for February 2019. Council has spent $641.1 million from an operating expense budget of $1,032.0 million (including reprovisions) in 2018-19. This represents 62.1% expended at 66.7% of the year elapsed. By comparison 63.6% ($657.8 million) of the previous year’s actual expenditure had been spent from the budget of $1,033.6 million at the end of February 2018.
CAPITAL EXPENDITURE
The capital expenditure graph shows a comparison of budget (plus commitments) to actual expenditure for capital works in 2018-19. At the end of February 2019 $178.8 million ($333.8 million inclusive of commitments) had been spent from a total capital budget of $518.1 million (including reprovisions). This represents 34.5% (64.4% inclusive of commitments) of the total budget with 66.7% of the year elapsed. Commitments relate to current year projects.
By comparison, $184.0 million (44.8%), or $270.5 million (65.9%) inclusive of commitments, of the capital budget of $410.5 million (including reprovisions) had been spent at the end of February 2018. Reasons for the increased budget from 2017-18 to 2018-19 include: higher value of projects carried forward from the prior year including Cultural Precinct (Art Gallery and Green Bridge) and Transport trunk infrastructure works.
771st Council Meeting 36 26 March 2019 Minutes
14 OTHER BUSINESS (Continued) 14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1) OPERATING REVENUES The graphs below present Council’s major sources of operating revenue. They show the actual year to date performance compared with total year budget and budget trend. Fees and Charges Fees and charges (excluding Private Works and Water and Waste Water Fees) were $66.0 million, which is 65.2% of the revised budget of $101.3 million as at the end of February 2019 (66.7% of year elapsed).
By comparison, $70.4 million (69.5%) of last year’s budget of $101.3 million for fees and charges revenue had been achieved by the end of February 2018. Last year’s revised budget included an increase in development fees. By comparison, these fees are $2 million lower in the December Budget Review 2018-19. Rates and Utility Charges The amount of rates and utility charges brought to account as at the end of February 2019 was $957.4 million, which is 81.7% of the total budget of $1,172.0 million. This amount comprises Gold Coast Water rates, which are recognised on a progressive monthly basis, and other rates, which are recognised when billed. By comparison, $901.8 million (80.2%) of last year’s total rates and utility charges revenue budget of $1,124.4 million had been achieved by the end of February 2018. Interest Income
Interest income at the end of February 2019 was $23.2 million, which is 77.2% of the budget of $30.0 million. By comparison, $23.7 million (75.9%) of last year’s total interest revenue budget of $31.2 million had been received by the end of February 2018. The Interest Income budget was increased in the December Budget Review due to higher than anticipated opening cash balances and will be monitored in future reviews.
771st Council Meeting 37 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN
Not Applicable.
7 FUNDING AND RESOURCING REQUIREMENTS
Not Applicable.
8 RISK MANAGEMENT
Not Applicable.
9 STATUTORY MATTERS
The February 2019 Monthly Financial Report is presented to Council in accordance with the Local Government Act 2009 and the Local Government Regulation 2012.
10 COUNCIL POLICIES
Not Applicable.
11 DELEGATIONS
Not Applicable.
12 COORDINATION & CONSULTATION
The February 2019 Monthly Financial Report has been developed in consultation with Directorate staff where applicable.
Name and/or Title of the Stakeholder Directorate Is the Stakeholder Satisfied Consulted With Content of Report and Recommendations (Yes/No) (comment as appropriate) Marilyn Hildebrandt, Executive Coordinator OCOO Yes Directorate Finances Julie Brooks, Executive Coordinator OCOO Yes Directorate Finances Alex Rummery, Executive Coordinator OCOO Yes Directorate Finances John Blair, Manager Corporate Finance OCOO Yes
771st Council Meeting 38 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
13 STAKEHOLDER IMPACTS
Not Applicable.
14 TIMING
Not Applicable.
15 CONCLUSION
The presentation of the attached special purpose (unaudited) reports, 2018-19 Statement of Income and Expenditure and Statement of Financial Position, satisfies legislative financial reporting requirements for February 2019.
The high level indicators show that revenue and expenditure are generally within expectations at this point in the financial year.
16 RECOMMENDATION
It is recommended that Council resolves as follows:
That Council note the Special Purpose 2018-19 Statement of Income and Expenditure and Statement of Financial Position as presented for February 2019.
Author: Authorised by: Robert Liddell Grant Mather Financial Planning & Business Analyst Acting Chief Operating Officer 12 March 2019 #72990767
RESOLUTION G19.0326.033 moved Cr Tate seconded Cr PJ Young
That Council note the Special Purpose 2018-19 Statement of Income and Expenditure and Statement of Financial Position as presented for February 2019.
CARRIED
771st Council Meeting 39 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1) SPECIAL PURPOSE FINANCIAL STATEMENT (UNAUDITED) COMBINING STATEMENT OF INCOME AND EXPENDITURE FOR CITY OF GOLD COAST Attachment 1 FOR THE PERIOD ENDED 28 FEBRUARY 2019 (in thousands of dollars)
GOLD COASTGOLD COAST GOLD COAST TOURIST PARKS WASTE MANAGEMENT WATER OTHER ACTIVITIES CITY OF GOLD COAST
BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL
REVENUE 1 RATES & UTILITY CHARGES - - (83,740) (55,581) (503,646) (337,168) (584,606) (564,647) (1,171,992) (957,396) RATES DISCOUNTS & REMISSIONS - - 0 0 0 0 52,608 50,674 52,608 50,674 1 FEES AND CHARGES (18,135) (12,622) (11,177) (6,347) (3,658) (2,264) (72,079) (47,016) (105,049) (68,249) INTEREST REVENUE - - (1,120) (850) (11,509) (8,496) (17,371) (13,819) (30,000) (23,164) 2 GAIN/LOSS ON SALE OF ASSETS 0 1 0 17 5,000 0 1,879 250 6,879 268 CONTRIBUTION & DONATIONS REVENUE - - (378) (381) (86,500) (54,937) (144,163) (89,376) (231,040) (144,694) 3 GRANTS & SUBSIDIES REVENUE - - 0 (20) 0 0 (33,041) (18,148) (33,041) (18,168) OTHER REVENUE (64) (130) (44) (338) (40) (107) (27,453) (20,461) (27,601) (21,035) 4 TOTAL REVENUE (18,199) (12,751) (96,459) (63,500) (600,353) (402,971) (824,225) (702,543) (1,539,236) (1,181,764)
EXPENSES EMPLOYEE COSTS 676 452 9,367 4,172 50,589 30,449 313,091 205,942 373,723 241,015 MATERIALS AND SERVICES 16,389 8,695 83,462 43,857 482,011 297,458 491,053 121,623 1,072,915 471,632 DEPRECIATION & AMORTISATION 1,650 1,144 8,600 6,169 95,000 63,437 139,588 95,425 244,838 166,175 5 FINANCE COSTS 0 12 0 0 0 0 38,502 20,766 38,502 20,778 OTHER EXPENSES 3,025 2,021 1,044 949 733 357 98,693 82,019 103,494 85,346 6 CAPITALISED EXPENSES (4,775) (866) (10,575) (1,700) (94,980) (40,185) (407,805) (100,088) (518,135) (142,838) TOTAL EXPENSES 16,965 11,457 91,898 53,447 533,352 351,516 673,121 425,688 1,315,337 842,108
NET RESULT (1,233) (1,293) (4,561) (10,053) (67,001) (51,455) (151,104) (276,855) (223,899) (339,656) General explanations of the above line items can be found in Appendix 1
1 This amount comprises Gold Coast Water rates, which are recognised on a progressive monthly basis, and other rates, which are recognised when billed. 2 Interest revenue comprises earnings based off higher than estimated cash balances. 3 Contributions and Donations Revenue comprises capital revenues from cash contributions and contributed assets. 4 Other Revenue is mostly comprised of Rental/Lease Revenue, Canteen Revenue and "Revenue Default". The latter is the account to which revenue is posted before being allocated to the appropriate account by journal. It ll t i i t f th l t l d f th th 5 Finance Costs (includes credit card surcharges) and processed once quarterly statements are received from Queensland Treasury Corporation.
6 Other Expenses include Contribution & Donation payments including Light Rail Stage 2 Contributions ($18m) and Contributions to Gold Coast Tourism ($14m).
771st Council Meeting 40 26 March 2019 Minutes
14 OTHER BUSINESS (Continued)
14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
SPECIAL PURPOSE FINANCIAL STATEMENT (UNAUDITED) STATEMENT OF FINANCIAL POSITION FOR CITY OF GOLD COAST AS AT 28 FEBRUARY 2019 (in thousands of dollars)
BUDGET ACTUAL
ASSETS CURRENT ASSETS CASH ASSETS 720,420 1,217,749 1 CURRENT RECEIVABLES 204,808 236,955 2 INVENTORIES 1,785 1,898 PREPAYMENTS 702 1,040 CLEARING ACCOUNTS 0 (62) 3 927,715 1,457,580
NON CURRENT ASSETS OTHER FINANCIAL ASSETS 1,150 1,150 4 PROPERTY, PLANT AND EQUIPMENT 14,136,931 13,442,896 ASSETS UNDER CONSTRUCTION 0 324,085 5 14,138,081 13,768,131
TOTAL ASSETS 15,065,795 15,225,711
LIABILITIES CURRENT LIABILITIES CURRENT PAYABLES (95,172) (113,070) UNEARNED REVENUE (2,000) (60,548) 6 CURRENT EMPLOYEE BENEFITS (26,730) (21,795) CURRENT BORROWINGS (80,940) (77,395) CLEARING ACCOUNTS 0 139 3 (204,843) (272,669)
NON CURRENT LIABILITIES NON CURRENT EMPLOYEE BENEFITS (54,361) (60,004) NON CURRENT PROVISIONS (70,000) (70,000) 8 NON CURRENT BORROWINGS (552,328) (526,859) (676,689) (656,862)
TOTAL LIABILITIES (881,531) (929,532) NET COMMUNITY ASSETS 14,184,264 14,296,179
COMMUNITY EQUITY RETAINED CAPITAL 9,121,853 9,163,809 RESERVES 5,062,411 5,132,371 7
TOTAL COMMUNITY EQUITY 14,184,264 14,296,179
General explanations of line items can be found in Appendix 1.
1 Cash Assets include investments. The balance is usually highest after the close of the discount period for Rates (August and February) and Water (July, October, January and April). The cash balance comprises: (i) Infrastructure Charges Reserve ($471.0m), (ii) Investment Fund Reserve ($73.5m), (iii) Gold Coast Water & Waste reserves ($225.7m), (iv) Other reserves (Cultural Precinct, Strategic Priorities Reserve, etc) ($76.7m) and (iv) Other cash items ($370.9m). 2 Current Receivables includes balances of outstanding invoices and accruals for water rates. It is usually highest after rate notices are issued (July, October, January and April). 3 Clearing Accounts comprise a number of accounts used to hold balances which are cleared periodically throughout the year, including credit cards, payroll related items and debtor refunds. 4 Other Financial Assets are Council's investments in Gold Coast City Council Insurance Co Ltd and SEQ Regional Recreational Facilities Pty Ltd. 5 The balance of Assets Under Construction is the accumulated expenditure on capital assets that have not yet been completed and added to Property, Plant and Equipment. From a budget perspective it is assumed that by year end all capital works have been completed and moved to Property, Plant and Equipment. 6 Unearned Revenue includes water rates which have been billed but are treated as unearned and recognised as revenue progressively throughout the year. They will be reduced by year end. 7 Reserves includes Asset Revaluation Surplus and Cash Reserves. 8 Non Current Provisions includes future rehabilitation and remedial works at the City's waste landfill sites. These works are expected to be undertaken from the year 2035 to the year 2080 with the majority of the costs being incurred for leachate management and landfill capping. ```
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14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
APPENDIX 1 – Explanation of Financial Statement Items This appendix is a general explanation of Council’s revenues, costs, assets and liabilities to aid in understanding the budget to actual comparison in the monthly financial report.
STATEMENT OF INCOME AND EXPENDITURE BY SIGNIFICANT ACTIVITIES REVENUE FROM ORDINARY ACTIVITIES Rates and Utility Rate revenue for Council will mainly be recorded in July and January Charges upon the issue of rate notices. Rate Revenue for Gold Coast Water is accounted for on an accrual basis throughout the year. Rates Discount and Rate discount is recorded as an expense at the time of payment and Remissions will mainly increase in July / August and January / February as rates are paid. However, remission is provided at the time of rate issue and will mainly increase in July and January. Fees and Charges The pattern of revenue for fees and charges reflects a mixture of billing cycles and seasonal variations. For example, licensing and other charges are mainly billed in the first quarter of the financial year, whereas development assessment receipts may follow building and economic trends. Gain/Loss on Sale A gain or loss on sale arises when Council assets are disposed of or sold at a value that varies from their book value. Interest Revenue Interest earned varies according to the cash balances available for investment throughout the year. Contributions and Includes capital revenues from cash contributions and contributed Donations Revenue assets. Contributed assets generally account for more than half of this budget which are a ‘book entry’ only and are brought to account through year-end processes. Grants and Subsidies are mainly received for specific capital projects after stages Subsidies Revenue of completion are reached. Other Revenue Other revenue comprises miscellaneous relatively small amounts of revenue that don’t fit into the major categories. It includes Reimbursements and Recoveries, and Rental and Lease Revenue. EXPENSES FROM ORDINARY ACTIVITIES Employee Costs The total expenditure on labour, including remuneration and benefits, as well as other employee-related costs such as superannuation, payroll tax and workers compensation. Materials and Where totals are shown for individual business units, the expenditure Services on materials and services includes internal transactions. Depreciation and Non-cash expense that estimates the use and ‘wear and tear’ of non- Amortisation current assets such as plant, equipment and infrastructure. Finance Costs Interest on loans, and bank charges.
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14.1 FEBRUARY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)
Other Expenses Other expenses comprise miscellaneous expenses that don’t fit into the major categories. It includes contributions and donations, write offs, insurance premiums and external audit fees. Capitalised Expenses This line shows how much of the employee costs and materials and services are used in construction / purchase or major renewal of assets. The budget reflects the total expenditure identified in the Four Year Capital Works Program. Net Result for Period This line represents the budgeted increase in community equity to be retained at year end. This is used to fund new capital works and for loan redemption. Transfers to and from capital reserves are made as appropriate.
STATEMENT OF FINANCIAL POSITION Current assets The cash and cash equivalents that are currently held. The budget shows the budgeted closing balance at the end of the financial year. The actual cash balance will vary significantly throughout the year as rate receipts, loans and major payments are processed. Cash investment is managed by Council’s Treasury Section. Non Current Assets The budgeted value of property, plant and equipment and infrastructure assets, at year end, including land, roads, water and sewerage infrastructure after depreciation, renewals, new capital works, contributed assets and revaluations are accounted for. Current Liabilities The present obligations, arising in the past, that Council has to make payments for within the next financial year. The budget shows the expected balance of these liabilities at the end of the financial year. This includes accounts payable and provisions for employee entitlements to annual and long service leave. It also includes the expected commitment to pay loan redemption in the next financial year. Non-Current Liabilities The expected balance, at year end, of provisions for employee entitlements and debt that is not required to be paid within the next financial year. Community Equity Retained equity includes City Capital and any Surplus / Deficit. Reserves include cash-backed reserves representing infrastructure charges and asset revaluation reserves which record the valuation adjustments to Council’s existing non-current assets.
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14 OTHER BUSINESS
14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11)
Refer Attachment 1: Draft Investigation (Inappropriate Conduct of Councillors) Policy Refer Attachment 2: State government Example Investigation Policy Refer Attachment 3: Table identifying recommended changes to Example Investigation Policy
1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to recommend Council adopt the draft ‘Investigation (Inappropriate Conduct of Councillors) Policy’ (draft Policy) which is Attachment 1 to this report. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION 5.1 Operation of new legislative provisions in relation to investigating suspected inappropriate conduct of Councillors Section 150K of the Local Government Act 2009 (LGA) defines ‘inappropriate conduct’ which includes conduct that contravenes a behavioural standard or a policy, procedure or resolution of the Council. Section 150W provides that if the Independent Assessor reasonably suspects a Councillor’s conduct is inappropriate conduct, the Independent Assessor may decide to refer the suspected inappropriate conduct to Council to deal with. As part of the referral to Council under section 150AC, the Independent Assessor may give a recommendation to Council about how to investigate or deal with the conduct including, for example, whether the matter should be referred to another entity for consideration. Pursuant to the new section 150AE, Council must adopt, by resolution, an investigation policy about how to deal with the suspected inappropriate conduct of Councillors referred to it by the Independent Assessor. The policy must also be published on the Council website. The policy must, as a minimum, include the following: the procedure for investigating the suspected inappropriate conduct of Councillors; the circumstances in which an entity other than Council may investigate the conduct; consistency with the principles of natural justice; and a requirement that Councillors, and other persons who make complaints about Councillors’ conduct, are given a notice about the outcome of the investigations.
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The attached draft Policy deals with the above matters and includes other important provisions such as: maintenance of confidentiality whilst matters of suspected inappropriate conduct are being investigated; safeguards for the anonymity of complainants; capacity for early resolution of complaints through mediation; provision for appointment of suitably qualified external parties to investigate complaints and prepare reports for Council’s consideration; dealing with expenses arising from alleged inappropriate conduct and the costs of related investigations; and a performance measure requiring that complaints of inappropriate conduct be investigated and finalised within ten (10) weeks of receipt of a complaint from the Independent Assessor, or where that timeframe cannot be met, a requirement that the complainant and relevant Councillor be advised in writing. Council must investigate the suspected inappropriate conduct of a Councillor in a way that is consistent with any recommendation of the Independent Assessor and its own investigation policy. If Council wants to investigate the conduct in a different way, that decision must be made by resolution, stating both the decision and the reasons for the decision. After conducting an investigation, Council must decide whether or not a Councillor has engaged in inappropriate conduct and if the Councillor has engaged in inappropriate conduct, what action will be taken to discipline the Councillor. The range of penalties Council may impose as a result of a finding of inappropriate conduct are set out in section 150AH of the LGA. It is noted that Council may only delegate the power to make a decision about a Councillor’s conduct to the Mayor or a standing committee. Section 150DX of the LGA requires Council to maintain and publish an up-to-date Councillor Conduct Register. This register has been established for some weeks and can be viewed on Council’s website as required by the legislation.
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued)
5.2 Management of investigation The Department of Local Government, Racing and Multicultural Affairs (Department) has provided an Example Investigation Policy, which is Attachment 2 to this report. The Example Investigation Policy provides that unless otherwise resolved by Council, the Mayor will manage the investigation of suspected inappropriate conduct of other Councillors. It is noted that it is not mandatory for local governments to adopt this policy, however it provides a useful starting point. In developing the draft Policy two main options were considered, being:- a Unless otherwise resolved by Council, the Mayor will manage the investigation of suspected inappropriate conduct of other Councillors; or b Unless otherwise resolved by Council, the Chief Executive Officer (CEO) will manage the investigation of suspected inappropriate conduct of other Councillors. In relation to these options a number of factors were taken into account, which included:- a A review of the approach taken by other local governments; b Consideration of the policy drivers behind the changes to the process dealing with the complaints against Councillors; and c Informal consultation with the Department. These factors will be considered in turn. A review of the approach taken by other South East Queensland and larger regional Councils was undertaken. As demonstrated in Table 1 below, other local governments have consistently nominated their Mayor to manage the investigations. It is noted that the City of Brisbane has a separate legislative process for dealing with complaints against Councillors. Links to the various local government policies, where available, have also been included for consideration.
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Table 1 – Other local governments approach to managing investigations Council Policy Investigato r Moreton https://www.moretonbay.qld.gov.au/files/assets/public/services/p Mayor Bay olicies/investigation-policy.pdf Scenic Rim https://www.scenicrim.qld.gov.au/our-council/statutory- Mayor information/complaints-managment Redland Not available, but approach confirmed. Mayor Logan Not available, but approach confirmed. Mayor Toowoomb http://www.tr.qld.gov.au/search/?searchword=INVESTIGATION+ Mayor a POLICY&option=com_sphinxsearch&Itemid=454 Sunshine https://www.sunshinecoast.qld.gov.au/Council/Planning-and- Mayor Coast Projects/Council-Policies Mackay http://www.mackay.qld.gov.au/__data/assets/pdf_file/0004/2352 Mayor Regional 46/101_-_Councillor_Investigation_Policy_- Council _Adopted_13_February_2019.pdf Lockyer https://www.lockyervalley.qld.gov.au/our-council/policies- Mayor Valley procedures/Documents/Policies/Investigation%20Policy.pdf Cairns https://www.cairns.qld.gov.au/__data/assets/pdf_file/0008/27577 Mayor 7/LIVE-5928155-v3-Investigation_Policy_- _Councillor_Conduct_-_General_Policy_- _LOCAL_GOVERNMENT_COUNCILLOR_COMPLAINTS_AND _OTHER_LEGISLATION_AMENDMENT_ACT_2018.pdf Bundaberg http://www.bundaberg.qld.gov.au/files/CP-3- Mayor 044_Councillor_Complaints_Investigation_Policy_V1_adopted_ 11_12_2018.pdf Rockhampt https://www.rockhamptonregion.qld.gov.au/AboutCouncil/Policie Mayor on s-and-Procedures/Governance Fraser https://www.frasercoast.qld.gov.au/documents/4362881/415837 Mayor Coast 06/Councillor%20Complaints%20Investigation.pdf Gladstone http://www.gladstone.qld.gov.au/documents/1570002/2220234/P Mayor -2018-35%20- %20Councillor%20Complaint%20Investigation%20Policy.pdf Whitsunday https://www.whitsunday.qld.gov.au/DocumentCenter/View/4391 Mayor In 2016, the Palaszczuk State Government commenced an independent review of how complaints about mayors and councillors were being managed. The independent review examined the statutory provisions relating to complaints to assess the effectiveness of the legislative and policy framework in place at the time, and made recommendations about policy, legislative and operational changes required to improve the system of dealing with complaints about councillors’ conduct. In January 2017, the report of the independent review was published. The report identified that the starting point for the reforms should be the creation of the office of an Independent Assessor. One of the drivers for this change was an acknowledgment that the previous LGA provisions resulted in CEOs of local governments being placed in the difficult and conflicted role of undertaking the preliminary assessment of complaints about the conduct of mayors and other councillors who are their employers. This conflict was then acknowledged by the Minister as one of the policy drivers for the amendments when the relevant Bill was introduced into Parliament.
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued)
Informal discussions with the Department were undertaken to understand why the Example Investigation Policy provided for the Mayor to manage suspected inappropriate councillor conduct investigations, even though the legislation did not. The Department advised that during its consultation process for the amendments to the LGA, stakeholders identified a clear preference for nominating the Mayor to manage the investigations. The Department did however acknowledge that the Example Investigation Policy is only intended as a high-level policy, and in practice there was an expectation that the CEO, or other delegate, or external provider would carry out the day to day investigation tasks for the Mayor. Having considered the above factors, it is recommended that the draft Policy provide that unless otherwise resolved by Council, the Mayor manage the investigation of suspected inappropriate conduct of other Councillors. 5.3 The draft Policy The draft Policy which is Attachment 1 to this report closely follows the Department’s Example Investigation Policy. A number of relatively minor amendments have been made within the recommended draft Policy to address some errors, suggested improvements, and to closer align areas such as expenses to Council’s current policy position. Attachment 3 to this report is a table which identifies and summarises these minor amendments. There are a number of matters which warrant highlighting in the draft Policy, which are outlined below: On receipt of a referral notice about the suspected inappropriate conduct of a Councillor/s from the Independent Assessor, the CEO will forward a copy of that referral notice to the Mayor and all Councillors as a confidential document (section 8). Unless otherwise resolved by Council, the Mayor will manage the investigation of suspected inappropriate conduct of other Councillors (section 9). The draft Policy provides for the management of any conflicts by providing that if the suspected inappropriate conduct involves an allegation about the conduct of the Mayor, or the Mayor as the complainant, or a Councillor as the complainant, the CEO will refer the suspected inappropriate conduct to the President of the Tribunal to investigate and make recommendations to the Council about dealing with the conduct (section 9). The investigation of suspected inappropriate conduct of a Councillor must be carried out in accordance with the principles of natural justice (section 6), including that: the person being investigated has a chance to have his or her say before adverse formal findings are made and before any adverse action is taken (fair hearing); the investigator(s) should be objective and impartial (absence of bias), and any action taken is based on evidence (not suspicion or speculation). The draft Policy provides a process for the early resolution of complaints in circumstances where both parties to the matter agree. Early resolution results in the withdrawal of the complaint (section 10).
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued)
The draft Policy provides for the Mayor to use section 170A of the LGA to seek assistance from the CEO during the investigation (section 12). The nature of this assistance is addressed in further detail below. Upon completion of the investigation a report will be presented to Council outlining the investigation process, the investigation findings, any recommendations about dealing with the conduct and a record of the investigation costs (section 14). The Council will consider the report and decide whether the Councillor has engaged in inappropriate conduct and, if so, what action it will take under section 150AH of the LGA (section 14). 5.4 Assistance for investigator The nature and extent of an investigation into the suspected inappropriate conduct of a Councillor will depend upon the facts and circumstances of the complaint. There may, for example, be complaints where there is little factual evidence in dispute and all relevant information has been provided by the Independent Assessor. In such cases, the investigation by the Mayor may only require confirmation that the person being investigated, and the complainant, has a chance to have his or her say before the report to Council is prepared. However, there may be other complaints which are factually complicated and require a thorough investigation. In these circumstances, section 12 of the draft Policy provides for the Mayor to use section 170A of the LGA to seek assistance during the investigation. Requests for assistance from the Mayor are to be made directly to the CEO, and it is envisaged the type of assistance sought may include, but not be limited to, the following: Assistance to engage an independent investigator, who could, for example: Interview complainant(s), Councillors and any witnesses; Review evidence; Recommend appropriate activities to aid resolution; Communicate and engage with relevant parties; Prepare an investigation report. Assistance to engage a lawyer who could, for example, be requested to provide advice on interpreting the relevant legislative framework. Assistance to engage a mediator, who could assist with the early resolution of a complaint. Requests for relevant documentation and information. Assistance with the preparation of a report to Council. Assistance with compiling comparative data of penalties imposed for inappropriate councillor conduct offences. It is recommended that a report be brought back to Council in 6 months considering options for streamlining the assistance offered to the Mayor during the investigation. For example, depending on the type and number of requests received, one option may be to set up a panel of appropriately qualified independent people who the Mayor can access directly.
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6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN Approval and implementation of this policy supports the delivery of Gold Coast 2022 by ensuring that we: Implement a robust management and control environment, supported by key functions including Legal Services, Integrity and Ethics, Corporate Policies, Internal and External Audit and the City’s Audit Committee. 7 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Budgetary impacts will be potentially significant depending on the number of complaints received and the complexity of the complaints. It is proposed that a budget of $150,000 be established in the 2019-20 year to cover investigation costs, costs passed on to the Council from the Councillor Conduct Tribunal and other related costs. At the time of drafting this report, six cases of suspected inappropriate conduct have been sent to Council by the Independent Assessor for investigation. If this rate of referral continues it is possible that Council will be dealing with approximately 20-25 inappropriate conduct referrals each year, all requiring formal investigation under the draft Policy. In addition, there may be other costs incurred in relation to matters where the Independent Assessor is reasonably satisfied that a Councillor has engaged in misconduct, and makes an application to the Councillor Conduct Tribunal in relation to the conduct. It is noted that section 150DU of the LGA requires local governments to pay the costs of the Councillor Conduct Tribunal in relation to hearings about alleged misconduct or where a local government requests the Tribunal to investigate suspected inappropriate conduct. These costs will not be insignificant and are estimated at between $10,000 and $12,000 per individual matter. It is noted that the proposed Policy requires that all costs relating to individual investigations be provided with the final report to Council. Costs for Capital Works and Service Proposals Not applicable. People and Culture Not applicable. 8 RISK MANAGEMENT Not applicable.
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued) 9 STATUTORY MATTERS Chapter 5A of the LGA deals with Councillor conduct, including the new provisions in relation to inappropriate conduct. ‘Inappropriate conduct’ is defined as follows: 150KWhat is inappropriate conduct (1) The conduct of a councillor is inappropriate conduct if the conduct contravenes— (a) a behavioural standard; or (b) a policy, procedure or resolution of the local government. (2) Also, the conduct of a councillor is inappropriate conduct if— (a) the conduct contravenes an order of the chairperson of a local government meeting for the councillor to leave and stay away from the place at which the meeting is being held; or (b) it is part of a course of conduct at local government meetings leading to orders for the councillor’s unsuitable meeting conduct being made on 3 occasions within a period of 1 year. (3) For subsection (2)(b), the conduct that led to the orders being made, taken together, is the inappropriate conduct. (4) However, inappropriate conduct does not include conduct that is— (a) unsuitable meeting conduct, to the extent the conduct is not conduct mentioned in subsection (2); or (b) misconduct; or (c) corrupt conduct. The relevant provisions relating to the requirement for Council to have an investigation policy and the obligation for Council to investigate inappropriate conduct complaints are summarised in Part 5.1 of this report. After investigating the conduct of a Councillor, section 150AG of the LGA requires Council to make a decision as follows: 150AGDecision about inappropriate conduct (1) After conducting the investigation, the local government must decide— (a) whether or not the councillor has engaged in inappropriate conduct; and (b) if the local government decides the councillor has engaged in inappropriate conduct—what action the local government will take under section 150AH to discipline the councillor. (2) In deciding what action to take, the local government may consider— (a) any previous inappropriate conduct of the councillor; and (b) any allegation made in the investigation that— (i) was admitted, or not challenged; and (ii) the local government is reasonably satisfied is true.
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If Council decides the Councillor has engaged in inappropriate conduct, the next consideration is what action will be taken to discipline the Councillor. The range of orders Council may consider make are set out in section 150AH as follows: 150AH Disciplinary action against councillor (1) For section 150AG(1)(b), the local government may— (a) order that no action be taken against the councillor; or (b) make 1 or more of the following orders— (i) an order that the councillor make a public admission that the councillor has engaged in inappropriate conduct; (ii) an order reprimanding the councillor for the conduct; (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense; (iv) an order that the councillor be excluded from a stated local government meeting; (v) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. (vi) an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct; (vii) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s inappropriate conduct. (2) However, the local government may not make an order mentioned in subsection (1)(b)(iii), (iv), (v), or (vi) in relation to a person who is no longer a councillor. 10 COUNCIL POLICIES The adoption of the draft Policy will ensure Council’s obligations under section 150AE of the Local Government Act 2009 are met. 11 DELEGATIONS Not applicable.
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12 COORDINATION & CONSULTATION
Name and/or Title of the Directorate or Organisation Is the Stakeholder Satisfied Stakeholder Consulted With Content of Report and Recommendations (Yes/No) (comment as appropriate)
Joe McCabe Chief Operating Officer Yes
David Montgomery Office of the Chief Operating Yes Officer
Grant Mather Office of the Chief Operating Yes Officer
Right to Information (RTI) and Information Privacy (IP) Legislation 2009 The attached draft Policy references Council’s obligations under the Information Privacy Act 2009. 13 STAKEHOLDER IMPACTS The LGA has established revised provisions for investigating and dealing with complaints about the conduct of Councillors. The recommended policy outlines the process for dealing with complaints about the alleged inappropriate conduct of Councillors that are referred to Council by the Independent Assessor. Stakeholders will be impacted to the extent that they will be required to adhere to the revised provisions of the LGA and to the recommended policy in future. The policy will be published on Council’s website as required by section 150AE of the LGA. 14 TIMING This Policy will come into force immediately subsequent to its adoption by Council. 15 CONCLUSION Council is required to adopt an investigation policy in accordance with section 150AE of the LGA. The proposed draft Policy provides that unless otherwise resolved by Council, the Mayor will manage the investigation of suspected inappropriate conduct of other Councillors.
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16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the ‘Investigation (Inappropriate Conduct of Councillors) Policy’ as attached be adopted with immediate effect. 2 That the CEO bring a report back to Council in six months considering options for streamlining the assistance offered to the Mayor when managing investigations.
Author: Authorised by: Luke Wallace Dale Dickson PSM Manager, Office of the CEO Chief Executive Officer 21 March 2019 TRACKS REF: 72508920
MOTION moved Cr Tate seconded Cr Owen-Jones
1 That the ‘Investigation (Inappropriate Conduct of Councillors) Policy’ as attached be adopted with immediate effect. 2 That the CEO bring a report back to Council in six months considering options for streamlining the assistance offered to the Mayor when managing investigations.
AMENDMENT moved Cr Tozer seconded Cr McDonald
1 That the ‘Investigation (Inappropriate Conduct of Councillors) Policy’ as attached be adopted with an amendment such that the Manager Integrity and Ethical Standards Unit (IESU) be the appointed investigator and responsible for preparing a confidential report about complaints received for Council to consider. 2 That the CEO bring a report back to Council in six months considering options for streamlining the assistance offered to the Manager of IESU when managing investigations. A division was called.
For 5 Cr Tozer, Cr PJ Young, Cr Crichlow, Cr Taylor, Cr McDonald Against 8 Cr Owen-Jones, Cr Caldwell, Cr Vorster, Cr O'Neill, Cr La Castra, Cr Boulton, Cr PC Young, Cr Tate Abstained 0 Absent 1 Cr Gates Did Not Vote 1 Cr Baildon
The AMENDMENT was LOST.
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RESOLUTION G19.0326.034
1 That the ‘Investigation (Inappropriate Conduct of Councillors) Policy’ as attached be adopted with immediate effect. 2 That the CEO bring a report back to Council in six months considering options for streamlining the assistance offered to the Mayor when managing investigations. A division was called.
For 11 Cr Owen-Jones, Cr PJ Young, Cr Caldwell, Cr Vorster, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr Tate
Against 3 Cr Tozer, Cr Crichlow, Cr McDonald Abstained 0 Absent 1 Cr Gates Did Not Vote 0
CARRIED
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued) Attachment 2
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued) Attachment 3
Table showing the substantive changes made to the Department’s Example Investigation Policy Clause Change Reason for Change Reference Clause 5 The following paragraph has been inserted: Provides additional clarification. Confidentiality Subject to any written recommendation or requirement of the Assessor, a complainant’s identity will not be included in any report to Council. Councillors will be advised of a complainant’s identity to assist in conflict of interest determinations but must not reveal the complainant’s identity. Clause 6 The following paragraph has been inserted: This has been inserted in the Natural Justice interests of natural justice. Whilst the Councillor is not permitted to be present during the Councillor’s deliberation or voting on the matter, the Councillor will be allowed to be present prior to the deliberation in order to make a statement and answer any questions from other Councillors not involved in the complaint. This attendance, the making of a statement and the answering of questions are not obligatory. Clause 8 The following paragraph has been inserted: This has been inserted to enhance Receipt of the efficiency with which referral Assessor’s If the referral notice includes a notices are managed. referral recommendation from the Assessor that the conduct should be referred to the President of the Tribunal for consideration, the Chief Executive Officer will immediately refer the matter. Clause 9 The following requirement has been It is considered preferable to have Investigator inserted as the third of three bullet points: the matter investigated externally and independently in these if a Councillor is the complainant, then circumstances. the Chief Executive Officer must refer the suspected inappropriate conduct to the President of the Tribunal to investigate and make recommendations to the Council about dealing with the conduct. Clause 10 The following paragraph has been inserted: This is included for the avoidance of Early resolution doubt as to what an early resolution The resolution of a matter will result in the must consist of, noting clause 16 of complaint being withdrawn. the Example Policy which provides: “Where a complaint has been resolved under section 10 of this policy, the Chief Executive Officer will update the register to reflect that the complaint was withdrawn.”
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14.2 INVESTIGATION (INAPPROPRIATE CONDUCT OF COUNCILLORS) POLICY (CM787/790/08(P11) (Continued)
Clause Change Reason for Change Reference Clause 11 The reference to eight weeks has been To allow sufficient time for complex Timeliness changed to ten weeks. and factually complicated investigations.
Clause 12 The following paragraph has been inserted: It is considered appropriate that the Assistance Chief Executive Officer receive such for Any requests for assistance must be made requests in the first instance. investigator to the Chief Executive Officer.
Clause 14 The following paragraph has been deleted: Under the LGA, there are no Completion of avenues to seek review of a decision investigation Provisions for internal and external review of made in respect of a finding of decisions are set out in sections 150CO to inappropriate conduct. The 150CS of the LGA. reference in the Department’s example policy to sections 150CO to 150CS is incorrect and do not apply.
The following paragraph has been inserted: That being the case, a paragraph
informing Councillors of the potential If a Councillor is aggrieved by the outcome availability of seeking judicial review of the investigation, the Councillor may be or complaining to the Ombudsman entitled to apply for a judicial review of has been added in the interests of Council’s decision, or make a complaint to natural justice. the Queensland Ombudsman.
Clause 17 The following paragraphs have been In accordance with the Expenses Expenses inserted: Reimbursement and Provision of Facilities to Mayor and Councillors Costs incurred by a Councillor in responding Policy Councillors are provided with to formal allegations of inappropriate insurance. conduct, including costs incurred in responding to a notice given to a Councillor Depending on the circumstances of by the Assessor, as outlined in s150AA of each matter, a Councillor may seek the LGA, will be managed in accordance to make a claim for reimbursement with the Expenses Reimbursement and of legal expenses pursuant to such Provision of Facilities to Mayor and insurance policy. Councillors Policy and any relevant Council insurance policies.
Costs incurred by a Councillor arising from Given the position with respect to disciplinary action (as determined by Council insurance provided to Councillor’s as in accordance with s150AH(1)(b)(vii) of the above, this paragraph has been LGA) will not be reimbursed. deleted.
The following paragraph has been deleted:
Any costs incurred by complainants or the subject Councillors will not be met by Council.
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14.3 MAJOR EVENT OPPORTUNITY (CONFIDENTIAL) CS105/274/2019(P1)
CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS
PROCEDURAL MOTION moved Cr Tate seconded Cr La Castra
That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-
Item Subject Reason
14.3 Major Event Opportunity Prejudicial Matter
CARRIED
PROCEDURAL MOTION moved Cr Tate seconded Cr Boulton
That the Council move into Open Session.
CARRIED
Following resumption into Open Session Item 14.3, was moved and carried as shown on the following pages.
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14.3 MAJOR EVENT OPPORTUNITY (CONFIDENTIAL) CS105/274/2019(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: (e) contracts proposed to be made by it; and (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
The purpose of this report is to consider an investment relating to a potential major music event at Metricon Stadium in February 2020.
4 PREVIOUS RESOLUTIONS
On 2 November 2015, Council resolved as below (G15.1102.011):
That the applicant (Stadium Manager Metricon Stadium) be advised that Council officers are available to assist coordination of event planning and assist development of a collective strategy for attracting major events to Metricon Stadium and that Council will further consider its role in attracting major events to Metricon Stadium following the finalisation and adoption of the new Events Strategic Plan (2015 – 2025).
5 DISCUSSION
5.1 Applicant
Mark Evans Chief Executive Officer Gold Coast Football Club Limited Metricon Stadium Nerang-Broadbeach Road, Carrara QLD 4211 ABN: 47 144 555 822 Phone: 5510 6000
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5.2 Background
An opportunity exists for the City to assist in the bidding for a major concert to be held at Metricon Stadium in February 2020. A detailed submission including the name of the music act is currently being compiled. Major concerts will not only underpin the commercial viability and sustainability of this venue, but they will provide an economic benefit to the Gold Coast along with building the city’s reputation as a legitimate destination for world class live music.
Major concerts can be successful on the Gold Coast. In December 2011, over 38,000 people enjoyed the Foo Fighters concert at Metricon Stadium with the single night event injecting an estimated $6.3 million into the Gold Coast economy.
For the purposes of this report, a major concert is defined as a music event that is headlined by a globally recognised artist, achieving a minimum of 30,000 ticket holders.
5.3 Music Action Plan 2021
Part of the vision for Gold Coast music within the City’s Music Action Plan 2021 (MAP 2021) is for “the community of the Gold Coast, and the region’s visitors, to have easy access to world class music that brings economic, cultural and social benefits to everyone”. To assist in achieving this, along with the creation of a thriving music scene, the City needs to support the bidding for major music concerts.
5.4 Stadiums Queensland Review
In April 2018, an independently chaired Stadium Taskforce began a review of Stadiums Queensland (SQ). The most significant recommendations proposed as an outcome of the review that relate to Metricon Stadium being more competitive in the acquisition of this major music concert include:-
funding allocation - the Queensland Government will allocate sufficient funding to contribute a third of any event attraction funding commitment given by the City of Gold Coast for one-off events.
bus service efficiency - to reduce overall transportation costs to an event promoter, it was recommended that Translink (Department of Transport) provide the management of bus services on behalf of SQ to Metricon Stadium. It is also recommended that a contestable bus service regime be considered to reduce potential profiteering by monopoly private bus operators.
Importantly, the above recommendations do not reflect current State government policy.
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5.5 Metricon Stadium Overview
Opened in 2011, Metricon Stadium is a 25,000 seat venue owned by the State Government, via Stadiums Queensland and is operated by the Gold Coast Suns. In concert mode, the venue can accommodate a maximum of 52,000 people (ie. utilising the field of play).
Metricon Stadium has hosted major music concerts in the past including the Foo Fighters in 2011 (38,254 pax) and the Big Day Out in 2014 (35,000 pax). There are significant expenses to hosting a major music concert at Metricon Stadium. For a concert of over 30,000 people, the base cost is approximately $250,000. This includes traffic management and public transport requirements, Queensland Police services, casual security and front of house staffing together with hire fees for the City’s car parks and “park and ride” facilities (ie. there is a $2655 fee for each of the Boowaggan, Alabaster and Gold Coast Sports and Leisure Centre carparks).
The promoter generally also absorbs the cost of staging, production, artist fees and temporary seating (for seated shows using the field of play) and turf protection. These costs are in addition to the estimated $250,000 base costs.
In 2018, an attempt was made to secure a Bon Jovi concert at Metricon Stadium. The feedback provided indicated two main reasons why the Gold Coast was unsuccessful:
the promoter was hesitant to bring the show to the Gold Coast in a midweek timeslot (Thursday night). Promoters may be hesitant to take the risk that drive-market fans (i.e. Brisbane) will travel to the Gold Coast on weekdays. If the artist was available on the weekend, the result may have been different.
base costs were higher in comparison to Brisbane stadiums. A more compelling offer to reduce promoter risk (ie. $250,000 from the City), would have removed the promoter’s obligation to pay for public transport charges and made a Gold Coast bid more attractive.
Similar reasons were apparent in mid-2018, with the Gold Coast missing out on hosting a future Keith Urban concert.
5.6 Benchmarking
The closest competitor that Gold Coast stadiums have in the pursuit of major music concerts is Brisbane. Brisbane has three key stadiums that have collectively hosted at least 10 large music concerts in the last two years including-
Suncorp Stadium, Milton (53,300 capacity): o 2019 – Phil Collins o 2018 - Bon Jovi o 2018 - Ed Sheeran o 2018 - Foo Fighters o 2017 - Paul McCartney o 2017 - Justin Bieber
UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 CONFIDENTIAL units.
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QLD Sports and Athletics Centre, Nathan (48,000 capacity): o 2019 – Eminem o 2017 - Guns N Roses
The Gabba, Woolloongabba (60,000 capacity): o 2018 - Taylor Swift o 2017 - Adele
During this same two year timeframe, Gold Coast stadiums have not hosted a single major music concert.
5.7 Recommended Investment / Economic Value
The projected economic impact of a major music concert held on the Gold Coast is $7 million (i.e. where it is headlined by a globally recognised artist, achieving a minimum of 30,000 ticket holders and being the exclusive concert in South-East Queensland). This was determined via an independent consultant that conducted an assessment of the 2011 Foo Fighters concert held at Metricon Stadium. This same consultant (Strategic Facts) continues to work with Tourism and Events Queensland, conducting economic assessments on many of the city’s major events (Gold Coast 600, Gold Coast Marathon, Blues on Broadbeach etc).
By way of comparison, the below table highlights outcomes achieved from a range of major events in the City’s major event portfolio:
City ROI Event Investment Econ Impact 2016 Pan Pacific Masters Games $ 372,750 $ 18.6 million 50 2018 Australian Open Lawn Bowls $150,000 $5.7 million 39 Single night major music concert $ 250,000 $ 7 million 28 2018 Australian PGA Championship $ 550,000 $ 13.5 million 25
While a $250,000 investment into a single night music concert provides a lower than the portfolio target return on investment of 50 times, it is generally in-line with outcomes of other major events.
It is important that the Gold Coast win bids for major music acts in order to demonstrate to promoters that a Gold Coast concert can be highly successful. Once a few successful concerts are held at Gold Coast stadiums and the location is on the radar of promoters, a financial incentive at the quantum being recommended may not be required.
5.8 Stakeholders
Destination Gold Coast (DGC) has a strong desire to support major music events:
UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 CONFIDENTIAL units.
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“Given constant shifts in consumption and the competitive nature of destinations to not only retain but grow their visitor economy, it is essential that key stakeholders work together to consistently enhance the city’s offering and add to the diversity of the annual calendar. DGC recognises the value in utilising existing venues and stadia as multipurpose facilities and believes that the attraction of global acts with the proven ability to attract a mass audience would certainly enhance destination marketing efforts. In support of this, DGC would extend the promotion of acts via owned and where relevant, paid channels”.
6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN
Corporate Plan:
2.0 Prosperity built on a strong diverse economy
Signature action: Support the development of live music in the city through artist and industry development to create a vibrant music sector 2.5 We are a globally recognised tourism destination. Our city attracts visitors from all over the world.
3.0 People contribute to a strong community spirit
3.2 We are proud of our city. We are a vibrant community committed to success. 3.4 Our city embraces culture every day. We are a creative community.
Music Action Plan 2021:
Strategic Outcomes: Everyone can experience great music Gold Coast artists and music businesses thrive Positive national and international relationships Coordinated City commitment and delivery.
Key Action: 1.2 Address gaps in the local venue mix to expand the diversity of music offerings.
7 FUNDING AND RESOURCING REQUIREMENTS
Funds to support an investment into this major music concert are available in the Events Reserve (current projected balance of $1.8 million at end of 2018/19 financial year).
UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 CONFIDENTIAL units.
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8 RISK MANAGEMENT
There is a reputational risk for the Gold Coast if its major stadiums are unable to attract content outside of football fixtures.
An operational challenge exists at Metricon Stadium, whereby infrastructure (including car parking areas and vehicle entry points) at the attached Gold Coast Sports and Leisure Centre (GCSLC) is required to facilitate a major music concert. A problem will exist where a major music concert opportunity for Metricon Stadium falls on dates where a significant or highly profitable event is already booked, deposit paid and being advertised at the GCSLC. A cost / benefit analysis will need to be made on a case-by-case basis if this matter arises, to determine which opportunity should proceed.
There is the potential for negative impact to the overall size of the audience and the percentage of this audience that are visitors to the city, should the promoter hold an additional Brisbane concert for the artist. An exclusive Gold Coast concert would ensure the stadium will be near capacity, with a high portion of drive market and other non-local attendees who will ultimately contribute to the local economy.
Operational risks of major concerts will be assessed and addressed as part of event specific planning and preparation.
9 STATUTORY MATTERS
Council’s authorisation of a major music concert comes via being a consulted stakeholder in any liquor application with the Office of Liquor and Gaming Regulation, where a ‘Letter of No Objection’ is sought.
10 COUNCIL POLICIES
Not Applicable.
11 DELEGATIONS
Not Applicable.
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12 COORDINATION & CONSULTATION
The following internal and external stakeholders have been involved to date:
Name and/or Title of the Directorate or Organisation Stakeholder Satisfied Stakeholder Consulted With Content of Report
Mark Evans, Chief Gold Coast Football Club Ltd, Yes Executive Officer Metricon Stadium
Libby Lincoln, Executive City of Gold Coast, Yes Coordinator Arts and Culture Unit
13 STAKEHOLDER IMPACTS
Major concerts are expected to benefit the local music sector by providing more opportunities to assist artists to develop meaningful careers locally and supporting a sustainable industry through:
facilitating vital national and international connections and enabling local artists to leverage influential people and platforms growing audiences for live music building the city’s reputation as a legitimate destination for world class live music.
Major concerts will also have a positive impact on the tourism sector.
14 TIMING
It is expected that the outcome of a bid for the major music concert will be known by the end of April 2019. If successful, the concert is most likely to be held on Saturday 8 February 2020.
This date is suitable based on it being:
outside of school holidays prior to the start of the AFL season (meaning no AFL draw / home game complications) only a Travel Expo tentatively booked in Hall 1 of the Gold Coast Sports and Leisure Centre (for Feb 8 and 9, 2020) before Sand Safari in Surfers Paradise (14 Feb to 1 March 2020) possibly at the same time as the Eurovision, Australia Decides event (2020 dates not determined but event held in early Feb 2019).
UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 CONFIDENTIAL units.
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15 CONCLUSION
An opportunity exists for the City to assist in the bidding for a major music concert to be held at Metricon Stadium in early 2020. A detailed submission including the name of the music act is currently being compiled. With a proposed date of Saturday 8 February 2020, the concert would fit seamlessly into the major events calendar and pose no risks or conflicts to the region at that time.
Major concerts will not only underpin the commercial viability and sustainability of this venue, but they will provide an economic benefit to the Gold Coast along with building the city’s reputation as a legitimate destination for world class live music.
There are significant expenses to hosting a major music concert at Metricon Stadium. This includes traffic management and public transport requirements, Queensland Police services, casual security and front of house staffing, hire fees for the City’s car parks and “park and ride” facilities, staging, production, artist fees and temporary seating (for seated shows using the field of play) and turf protection.
The closest competitor that Gold Coast stadiums have in the pursuit of major music concerts is Brisbane. Brisbane has three key stadiums that have collectively hosted at least 10 large music concerts in the last two years.
The projected economic impact of a major concert is $7 million. An investment at a maximum amount of $250,000 provides a return on investment of 28 times which is generally in-line with outcomes of other major events in the City’s portfolio. It is recommended that a conditional investment is made subject to –
a detailed submission on the opportunity being received by the City and being to the Chief Executive Officer’s satisfaction as to clarity of costs and risk sharing by Gold Coast Suns and event promoter, and other aspects the artist being of a globally recognised level the concert projecting a minimum of 30,000 ticket holders (ie. Metricon Stadium near capacity) acceptance of conditions imposed by the Chief Executive Officer.
There is a reputational risk for the Gold Coast if its major stadiums are unable to attract content outside of football fixtures. It is essential that the Gold Coast win some of these bids for major music acts in order to demonstrate to promoters that a Gold Coast concert can be highly successful. Once a few successful concerts are held at Gold Coast stadiums and the location is on the radar of promoters, a financial incentive at the quantum being recommended may not be required.
UNAUTHORISED RELEASE OF CONFIDENTIAL REPORTS OR INFORMATION may be an offence under the Local Government Act 2009 and other legislation and could result in disqualification from office and a penalty of up to 100 CONFIDENTIAL units.
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16 RECOMMENDATION
It is recommended that Council resolves 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 The Chief Executive Officer is authorised to enter into an Agreement outlining the City’s investment into the major event as indicated in the report. 3 Allocate a maximum cash amount of $250,000 (plus GST) conditional upon: a a detailed submission on the opportunity being received by the City being to the Chief Executive Officer’s satisfaction; b the artist/s being of a globally recognised level; c the concert opportunity projecting a minimum of 30,000 ticket holders; d the concert dates being outside of Queensland school holidays and not in conflict with another major event in the city; and e a formal agreement being entered into with the operator of the facility on terms satisfactory to the Chief Executive Officer. 4 The Events Reserve to be used to fund the opportunity. 5 That support of this major event is an exercise of Council’s Beneficial Enterprise Powers.
Author: Authorised by: Steve Brook Dale Dickson Executive Officer Events (Acting) Chief Executive Officer 22 March 2019 TRACKS REF: 73018779
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RESOLUTION G19.0326.035 moved Cr Tate seconded Cr Baildon
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 The Chief Executive Officer is authorised to enter into an Agreement outlining the City’s investment into the major event as indicated in the report. 3 Allocate a maximum cash amount of $250,000 (plus GST) conditional upon: a a detailed submission on the opportunity being received by the City being to the Chief Executive Officer’s satisfaction; b the artist/s being of a globally recognised level; c the concert opportunity projecting a minimum of 30,000 ticket holders; d the concert dates being outside of Queensland school holidays and not in conflict with another major event in the city; and e a formal agreement being entered into with the operator of the facility on terms satisfactory to the Chief Executive Officer. 4 The Events Reserve to be used to fund the opportunity. 5 That support of this major event is an exercise of Council’s Beneficial Enterprise Powers.
CARRIED UNANIMOUSLY
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14.4 EVENTS TOURISM & GOVERNANCE COMMITTEE – ITEM 8 INFORMATION MANAGEMENT POLICY IM634/171/07
RESOLUTION G19.0326.036 moved Cr PJ Young seconded Cr McDonald
That the proposed Information Management Policy be the subject of an informal workshop comprising Councillors and relevant personnel as identified by the CEO, to be conducted before the next Council meeting.
A division was called.
For 12 Cr Owen-Jones, Cr PJ Young, Cr Caldwell, Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate Against 1 Cr Vorster Abstained 1 Cr Tozer Absent 1 Cr Gates Did Not Vote 0
CARRIED BY SUPER MAJORITY
14.5 EVENTS TOURISM & GOVERNANCE COMMITTEE – ITEM 9 INFORMATION PRIVACY POLICY IM634/171/07
RESOLUTION G19.0326.037 moved Cr PJ Young seconded Cr McDonald That Committee Recommendation ETG19.0321.008 be adopted with a change to Part 2 such that it reads as follows:-
1 That Council note this report; 2 That the proposed Information Privacy Policy be the subject of an informal workshop comprising Councillors and relevant personnel as identified by the CEO, to be conducted before the next Council meeting.
A division was called.
For 13 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell, Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate Against 1 Cr Vorster Abstained 0 Absent 1 Cr Gates Did Not Vote 0
CARRIED BY SUPER MAJORITY
There being no further business, the meeting was declared closed at 4.22pm.
771st Council Meeting 87 26 March 2019 Minutes
I hereby certify that these pages Numbered 1 to 87 constitute
The Minutes of the Meeting
of the Council of the City of Gold Coast
held Tuesday 26 March 2019.
...... MAYOR