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617 Adopted Minutes of the Council Meeting held Monday 10 October 2011 at 1.00pm Gold Coast City Council Chambers 135 Bundall Road Surfers Paradise Our positioning statement Working for our future - today Our city vision Defined by our spectacular beaches, hinterland ranges, forests and waterways, the Gold Coast is an outstanding city which celebrates nature and connects distinct communities with the common goal of sustainability, choice and wellbeing for all. Our mission Leading the way towards a bold future that can sustain growth and economic development while retaining a lifestyle that is uniquely “Gold Coast”

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617

Adopted Minutes of the

Council Meeting held

Monday 10 October 2011

at

1.00pm

Gold Coast City Council Chambers 135 Bundall Road Surfers Paradise

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

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

617th Council Meeting 2 10 October 2011 Adopted Minutes

INDEX

Adopted Minutes (617)

Council Meeting

10 October 2011

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES0

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Six Hundred and Sixteenth Ordinary Meeting of the Council of the City of Gold Coast, held Friday 16 September 2011 at 10.00am.

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

8.1 Stormwater Industry Association of Queensland – Excellence in Research, Innovation, Policy and Education Award

8.2 115th LGAQ Annual Conference on the Gold Coast – October 2011

8.3 Appreciation Award from Banana Shire Council in gratitude of the support to the Theodore Community during the 2011 flood crisis

8.4 Economic Development Australia National Awards Of Excellence

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 City Planning 4 OCTOBER 2011

9.2 Sustainable City Future MEETING CANCELLED

9.3 Engineering Services 5 OCTOBER 2011

9.4 Community & Cultural Development 5 OCTOBER 2011

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

13 GENERAL BUSINESS

617th Council Meeting 3 10 October 2011 Adopted Minutes

ITEM SUBJECT

13.1 Allocation Of Funds From Division 7 2011-12 Surfers Paradise Tables & Chairs Fund To Implement & Run Volunteer Program During Gold Coast Rapid Transit Construction In Surfers Paradise

13.2 Police Helicopter Trial Update

13.3 Allocation Of Funds From Division 7 2011-12 Local Area Works Program Concerts & Functions Allocation Surfers Paradise Tables & Chairs Funding Of Christmas Theming In Cavill Mall

13.4 Allocation Of Funds From Division 14 2011-12 Local Area Works Program Concerts & Functions Allocation For The South Of The City Vision Consultancy

13.5 Gold Coast Local Heritage Register Adoptions October 2011

13.6 Planning & Development Modification Process Implementation Report

13.7 Tipplers Hub Progress Report

14 RESCHEDULING OF CAPITAL PROJECTS BETWEEN FINANCIAL YEARS

15 SPECIAL BUDGET COMMITTEE

617th Council Meeting 4 10 October 2011 Adopted Minutes Minutes of the Six Hundred and Seventeenth Ordinary Meeting of the Council of the City of Gold Coast held at the Gold Coast City Council Chambers, 135 Bundall Road, Surfers Paradise, on Monday, 10 October 2011, at 1.00 pm. National Anthem The Mayor, Cr R W Clarke, welcomed Pastor Len Bradley of the CCCLiVE.TV Church, to open the meeting in prayer. 1 ATTENDANCE Cr R W Clarke Mayor (Left the meeting 2.22pm to 2.52pm) Cr D Gates Cr J Wayne Cr G Pforr Cr M Grummitt (Left the meeting at 2.46pm) Cr P J Young Cr D M Crichlow Cr S K Douglas Cr R La Castra Cr E L Shepherd Cr E Sarroff Cr J E Grew Cr G Betts Cr D I McDonald (Acting Mayor 2.22pm to 2.52pm) Cr C Robbins Mr D Dickson Chief Executive Officer Mr A J McCabe Director City Governance Mr W Rowe Director Planning Environment & Transport Mr W Day Director Engineering Services Mrs C McCool Director Community Services Mr M Hulse Manager Implementation & Assessment Mr D Corkill Manager Strategic Environment Planning Policy 1.1 APOLOGIES/LEAVE OF ABSENCE Nil 1.2 ADOPTION BY COUNCIL 17 OCTOBER 2011 RESOLUTION G11.1017.001 Moved Cr Grummitt Seconded Cr Grew That the Minutes of the Six Hundred and Seventeenth Ordinary Meeting of the Council of the City of Gold Coast held on Monday 10 October 2011 at 1.00 pm be confirmed with the following correction: Page 13 of the Minutes: The heading for Item 6 of the City Planning Report to read as follows: ITEM 6 RESOLUTION OF APPEAL REPORT FOR PRELIMINARY APPROVAL FOR MATERIAL

CHANGE OF USE TO OVERRIDE THE local planning scheme V1.2 UNDER SECTION 3.1.6 OF THE INTEGRATED PLANNING ACT 1997, DEVELOPMENT PERMIT FOR RECONFIGURATION OF LOT TO CREATE 86 RESIDENTIAL LOTS, 2 PARK LOTS, 1 BALANCE LOT (DRAINAGE) AND 1 BALANCE LOT (FUTURE DEVELOPMENT) OVER TWO STAGES; AND DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (CHANGE TO GROUND LEVEL) LOT 102 ON SP232571 DAYS ROAD UPPER COOMERA- DIVISION 1

PN306228/1123/04 REPORT CONFIDENTIAL CARRIED

617th Council Meeting 5 10 October 2011 Adopted Minutes 2 CONDOLENCES Cr Gates & Cr Pforr To The Smith Family On the passing of Charlie Smith RESOLUTION G11.1010.002 Moved Cr Gates Seconded Cr Pforr That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow To The Parente Family On the passing of Matteo (Matt) Parente RESOLUTION G11.1010.003 Moved Cr Crichlow Seconded Cr Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow To The Williams Family On the passing of Dr Max Williams RESOLUTION G11.1010.004 Moved Cr Crichlow Seconded Cr Douglas That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr McDonald

To The Tippett Family On the passing of Ann Marie Tippett RESOLUTION G11.1010.005 Moved Cr McDonald Seconded Cr Robbins That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

617th Council Meeting 6 10 October 2011 Adopted Minutes 2 CONDOLENCES (CONTINUED)

Cr McDonald

To The McDonnell Family On the passing of Aileen Pembleton RESOLUTION G11.1010.006 Moved Cr McDonald Seconded Cr Douglas That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr Grummitt To The Yarred Family On the passing of Fred Yarred RESOLUTION G11.1010.007 Moved Cr Grummitt Seconded Cr Pforr That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

Cr Sarroff To The Kenny Family On the passing of Peter Kenny RESOLUTION G11.1010.008 Moved Cr Sarroff Seconded Cr Shepherd

617th Council Meeting 7 10 October 2011 Adopted Minutes 3 MAYORAL MINUTE 3.1 KEYS TO THE CITY – MS JUDITH FERBER AND MR KERRY WATSON RESOLUTION G11.1010.009 Moved Cr Clarke That Council recognises the magnificent contribution the annual Gold Coast Eisteddfod competitions have made to the cultural life of the City and, as such, present the “Keys to the City” to Ms Judith Ferber and Mr Kerry Watson for their valuable involvement with every Eisteddfod staged since its inception thirty years ago, and through them as an acknowledgement of the hundreds of volunteers, helpers, convenors, judges, and most of all, the over one million participants who have presented their talents over the years. A division was called. For 15 Cr Gates, Cr Wayne, Cr Young, Cr Pforr, Cr Grummitt, Cr Crichlow,

Cr Douglas, Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 0

CARRIED Cr Shepherd acknowledged the hard work and dedication which Cr Grew had exhibited during her involvement as the Tropicarnival Festival Coordinator and long standing Director of the Gold Coast Eisteddfod and the Arts Centre Board.

617th Council Meeting 8 10 October 2011 Adopted Minutes 4 CONFIRMATION OF MINUTES RESOLUTION G11.1010.010 Moved Cr Grew Seconded Cr Shepherd That the Minutes of the Six Hundred and Sixteenth Ordinary Meeting of the Council of the City of Gold Coast held on Friday, 16 September 2011 at 10.00am be confirmed.

CARRIED

5 MAYOR’S REPORT

1. Results from the Tenders for the Police Helicopters (deferred for discussion in closed session later in the meeting).

2. Employment statistics from the Australian Bureau of Statistics for August (attached).

NB: employment is the highest on record.

Please Note: (a) the increase of jobs on the Gold Coast (14,100) for the last 12 months

represented about 60% of the total increase in jobs for the entire State (24,300).

617th Council Meeting 9 10 October 2011 Adopted Minutes

617th Council Meeting 10 10 October 2011 Adopted Minutes

617th Council Meeting 11 10 October 2011 Adopted Minutes 6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES Cr Shepherd referred to the Question on Notice on Page 15 of the 616 Council Meeting Minutes held on 16 September 2011 and requested the Chief Executive Officer to advise if the slashing had recommenced.

617th Council Meeting 12 10 October 2011 Adopted Minutes 8 PRESENTATIONS 8.1 STORMWATER INDUSTRY ASSOCIATION OF QUEENSLAND – EXCELLENCE IN RESEARCH, INNOVATION, POLICY AND EDUCATION AWARD. The "2010/2011 Stormwater Safety Program and Marketing Campaign" is run by Corporate Communications on behalf of the project owners, Engineering Services, and has won a Stormwater Industry Association of Queensland award in the category of Excellence in Research, Innovation, Policy and Education. Council delivers an annual stormwater awareness campaign to educate the community on the dangers of stormwater and the program is now in its seventh year, having commenced in 2005. Mayor Clarke and Cr Crichlow presented the key staff members with the trophy and certificate: Manager Engineering Assets and Planning - Mark Ash Marketing Strategist (Corporate Communications) - Lyndal Dennis Engineering Services Directorate Marketing Strategist (Corporate Communications) - Bernice Jones Project Manager (IDG) - Todd Naumann Asset Custodian/Environmental Engineer (EAP) - Claudina Nguyen 8.2 115th LGAQ ANNUAL CONFERENCE ON THE GOLD COAST OCTOBER 2011 Cr McDonald presented the Mayor with an award in appreciation of the Gold Coast City Council hosting the Local Government Association of Queensland 115th Annual Conference on the Gold Coast. 8.3 APPRECIATION AWARD – BANANA SHIRE COUNCIL – 2011 FLOODS Mayor Clarke presented Cr Grew, Cr Douglas and Cr Grummitt with an appreciation award, on behalf of the Mayor John Hooper of the Banana Shire Council, in gratitude of the support to the Theodore Community during the 2011 flood crisis 8.4 ECONOMIC DEVELOPMENT AUSTRALIA NATIONAL AWARDS OF EXCELLENCE Gold Coast City Council was recognised in two categories:

Winner - Business/Industry Development Project Award. Project: The Big Music Project (2010 Music Program - consisting of 3 projects)

Finalist (Highly Commended) - Economic Development Strategic Planning Award (Regional project). Project: TechGC

Cr Douglas made the presentation, in her capacity as Chair of Economic Development and Tourism Committee, to the Mayor and key staff members -

Industry Development Officer (Creative) - Nick Smith

Industry Development Officer (ICT) - Tanya Lipus

617th Council Meeting 13 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 CITY PLANNING Cr Shepherd, Chairperson of the City Planning Committee, presented the Report of the City Planning Committee held on Tuesday, 4 October 2011. RESOLUTION G11.1010.011 Moved Cr Shepherd Seconded Cr Gates That the Report of the City Planning Committee Meeting held on Tuesday, 4 October 2011, covered by Recommendations numbered CP11.1004.001 to CP11.1004.006 be received.

CARRIED

ITEM 6 ROAD LICENCE FOR A TEMPORARY ROAD CLOSURE – ABUTTING LOT 5

AND LOT 7 ON RP815163 134 PEACHEY ROAD LUSCOMBE - DIVISION 1 PN168278/02/DA3 CONFIDENTIAL ITEM Cr Gates declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to the Rix Group previously purchasing luncheon tickets to her campaign fundraiser and left the meeting room, taking no part in the debate or decision of the meeting. Cr Gates left the room. Cr Shepherd declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to Mr Norm Rix previously purchasing tickets to a fundraising function in 2007, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. RESOLUTION G11.1010.012 Moved Cr Shepherd Seconded Cr Wayne That the officers recommendation be adopted as printed. A division was called. For 14 Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Crichlow, Cr Douglas,

Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 1 Cr Gates

CARRIED Cr Gates returned to the meeting.

617th Council Meeting 14 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) ADOPTION OF THE CITY PLANNING COMMITTEE REPORT RESOLUTION G11.1010.013 Moved Cr Shepherd Seconded Cr Wayne That the Report of the City Planning Committee’s Recommendations of Tuesday, 4 October 2011, numbered CP11.1004.001 to CP11.1004.006, be adopted with the exception of:- Recommendation Number CP11.1004.006 which was specifically resolved. A division was called. For 15 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young,

Cr Crichlow, Cr Douglas, Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 0

CARRIED

617th Council Meeting 15 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.2 SUSTAINABLE CITY FUTURE The Sustainable City Future Committee meeting was cancelled due to a lack of Quorum.

617th Council Meeting 16 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.3 ENGINEERING SERVICES Cr Crichlow, Chairperson of the Engineering Services Committee, presented the Report of the Meeting of the Engineering Services Committee held on Wednesday, 5 October 2011. RESOLUTION G11.1010.014 Moved Cr Crichlow Seconded Cr Gates That the Report of the Engineering Services Committee Meeting held on Wednesday, 5 October 2011 covered by Recommendations numbered ES11.1005.001 to ES11.1005.016 be received.

CARRIED ITEM 13 SOUTH EAST QUEENSLAND CYCLE NETWORK PROGRAM FUNDING

PROJECTS 2011-12 FN251/48/151(P1); TT138/336/07(P1) RESOLUTION G11.1010.015 Moved Cr Robbins Seconded Cr Gates That Committee Recommendation ES11.1005.013 be adopted, with the inclusion of a new Part 3 (a) and (b), such that it reads in its entirety as follows: 1 That the CEO is authorised to enter into a deed of agreement with the

Department of Transport and Main Roads (DTMR) for $1.0M of SEQCNP funding for the Galeen Honeyeater Green Bridge.

2 That Council notes that further reports on the Surfers South and Tugun to

Bilinga Oceanways will be presented to Council, seeking approval to proceed with the respective projects, noting the State Government funding of $4.3M.

3 That it be noted that in relation to 2 above that Council will proceed in accordance with Council resolution B11.0616.002 Nos. 3 and 4 being: (a) That a report be presented to Council on the status of the Oceanway &

Foreshore Way between Tugun and Bilinga prior to any public consultation proceeding.

(b) Subject to the outcome of 3 above, and following community

engagement, a report be provided in response to Ex Minute W96.1031.001 that makes recommendations relating to the alignment and standard of the Oceanway between Tugun and Bilinga.

4 That in recognition of the reduced SEQCNP funding offer by DTMR for 2011-12,

the 2011/12 revenue budget allocation for Function 257.6850 Major Bikeways be reduced by $1,346,000 and the respective project allocations in the Major Bikeways Program be amended as per Attachment 13.2.

CARRIED

617th Council Meeting 17 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.3 ENGINEERING SERVICES (CONTINUED)

ITEM 16 GOLD COAST RAPID TRANSIT – PRE-AGREED MODIFICATIONS -

STORMWATER INFRASTRUCTURE FN334/254/10(P1) REPORT CONFIDENTIAL Cr Sarroff declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to the fact that he owns property in Scarborough Street, Southport but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. RESOLUTION G11.1010.016 Moved Cr Crichlow Seconded Cr Young

That Committee Recommendation ES11.1005.016 be adopted as printed. A division was called. For 15 Cr Gates, Cr Wayne, Cr Young, Cr Pforr, Cr Grummitt, Cr Crichlow,

Cr Douglas, Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 0

CARRIED ITEM 4 PROVISION OF FUNDING TO THE GRIFFITH CENTRE FOR COASTAL MANAGEMENT IN 2011-2012 UNDER EXISTING MEMORANDUM OF AGREEMENT WFB600/420/01(P9) Cr Young declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to he is a member of the Advisory Board for Tourism, Sport and Service Innovation Research at the Griffith University but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. RESOLUTION G11.1010.017 Moved Cr Shepherd Seconded Cr Crichlow That Committee Recommendation ES11.1005.004 be adopted as printed. A division was called. For 15 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Crichlow,

Cr Douglas, Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 0

CARRIED

617th Council Meeting 18 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.3 ENGINEERING SERVICES (CONTINUED) ADOPTION OF ENGINEERING SERVICES COMMITTEE REPORT RESOLUTION G11.1010.018 Moved Cr Crichlow Seconded Cr Gates That the Report of the Engineering Services Committee’s Recommendations of Wednesday 5 October 2011, numbered ES11.1005.001 to ES11.1005.016, be adopted with the exception of:- Recommendation Numbers ES11.1005.004, ES11.1005.013 and ES11.1005.016 which were specifically resolved.

CARRIED

617th Council Meeting 19 10 October 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 COMMUNITY & CULTURAL DEVELOPMENT Cr La Castra, Chairperson of the Community & Cultural Development Committee, presented the Report of the Meeting of the Community & Cultural Development Committee held on Wednesday 5 October 2011. RESOLUTION G11.1010.019 Moved Cr La Castra Seconded Cr Robbins That the Report of the Community & Cultural Development Committee Meeting held on 5 October 2011, covered by Recommendations numbered CC11.1005.001 to CC11.1005.008, be received.

CARRIED ITEM 4 MARKETS, ROADSIDE DINING BUDGET 2011-12 - EXPENDITURE FN334/375/02/01(P1) Cr Robbins declared a material personal interest (as per section 173 of the Local Government Act 2009) on this matter due to her family involvement in these festivals, and left the meeting room, taking no part in the debate or discussion of the meeting. Cr Robbins left the meeting. RESOLUTION G11.1010.020 Moved Cr La Castra Seconded Cr Gates

That Committee Recommendation CC11.1005.004 be adopted as printed. CARRIED

Cr Robbins returned to the meeting. ADOPTION OF COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE REPORT RESOLUTION G11.1010.021 Moved Cr La Castra Seconded Cr Pforr That the Report of the Community & Cultural Development Committee’s Recommendations of Wednesday 5 October 2011, numbered CC11.1005.001 to CC11.1005.008, be adopted with the exception of:- Recommendation Number CC11.1005.004 which was specifically resolved.

CARRIED

617th Council Meeting 20 10 October 2011 Adopted Minutes 10 CONSIDERATION OF NOTICES OF MOTION NIL 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE NIL 12 PRESENTATION OF PETITIONS 12.1 PETITION REGARDING SEACHANGE VILLAGE, ARUNDEL DISCREPANCIES IN RATES RESOLUTION G11.1010.022 Moved Cr Wayne Seconded Cr Young That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED

617th Council Meeting 21 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS 13.1 ALLOCATION OF FUNDS FROM DIVISION 7 2011-12 SURFERS PARADISE

TABLES & CHAIRS FUND TO IMPLEMENT & RUN VOLUNTEER PROGRAM DURING GOLD COAST RAPID TRANSIT CONSTRUCTION IN SURFERS PARADISE

FN334/375/02 Cr Douglas declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to the column in the Surfers Paradise Alliance Precinct Magazine, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. RESOLUTION G11.1010.023 Moved Cr Douglas Seconded Cr Pforr That $100,000 be provided to Surfers Paradise Alliance out of the Surfers Paradise Tables & Chairs Fund to implement and manage a volunteer program to assist in way finding throughout the Surfers Paradise precinct prior to and during construction of the Gold Coast Rapid Transit. A division was called. For 11 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Douglas,

Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 4 Cr Crichlow, Cr La Castra, Cr Shepherd, Cr Sarroff, Abstained 0 Absent 0

CARRIED

617th Council Meeting 22 10 October 2011 Adopted Minutes

617th Council Meeting 23 10 October 2011 Adopted Minutes

617th Council Meeting 24 10 October 2011 Adopted Minutes

617th Council Meeting 25 10 October 2011 Adopted Minutes

617th Council Meeting 26 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.2 POLICE HELICOPTER TRIAL UPDATE The Mayor officially welcomed the Minister for Police, Corrective Services and Emergency Services Neil Roberts MP, Commissioner of Police Bob Atkinson, Assistant Commissioner of Police Paul Wilson, South East Regional Headquarters and Chief Superintendent South East Region Stephen Hollands. The Mayor announced that the successful tender of the Police Helicopter Trial had been awarded and a Media Conference would be held at 2.30pm.

In the Mayor’s absence Cr McDonald chaired the meeting.

617th Council Meeting 27 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED)

13.3 ALLOCATION OF FUNDS FROM DIVISION 7 2011-12 LOCAL AREA WORKS

PROGRAM CONCERTS & FUNCTIONS ALLOCATION SURFERS PARADISE TABLES & CHAIRS FUNDING OF CHRISTMAS THEMING IN CAVILL MALL

FN334/375/02 Cr Douglas declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to the column in the Surfers Paradise Alliance Precinct Magazine, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. RESOLUTION G11.1010.024 Moved Cr Douglas Seconded Cr Young That $110,000 be provided out of the Surfers Paradise Tables & Chairs fund to Surfers Paradise Alliance towards the cost of achieving a credible event outcome in Cavill Mall during the Christmas period. Refer to attached details supplied by Surfers Paradise Alliance. A division was called. For 13 Cr Gates, Cr Wayne, Cr Young, Cr Pforr, Cr Grummitt, Cr Douglas,

Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins,

Against 0 Abstained 0 Absent 2 Cr Crichlow, Cr Clarke

CARRIED

617th Council Meeting 28 10 October 2011 Adopted Minutes

 

                                      Last Updated – 29 Sept, 2011 

Event Strategy 

Event Description:  Theming – creation of an Australian themed Christmas by decorating the 32 street poles in Cavill Mall and the iconic Surfers Paradise sign on the foreshore, along with creating a minimum of 5 static photo opportunities in the Mall for the public to utilise, with a Christmas tree being one.  This could be with Christmas themed Koalas, cork hats, kookaburra’s and other Australian animals and Santa’s with Surfboards.  The Cavill Mall Stage will be the heart of the experience with a Santa in a sled with 6 white boomers.  In the evening this space will come alive with activity.  

Activity –  

Santa (actors) will be in his Sled with 6 white boomers in the mall daily from 11am‐9pm for a photo opportunity with the public. 

Santa’s mail box will be situated in the Mall for the duration of the experience, with families encouraged to bring their children in to put their mail in the box for Santa. 

Parents will bring their children into the Mall and travel an Australian Xmas storyland with static and moving displays (actors and lighting)   

Every night at 7pm the ‘snow gum Xmas tree’ next to Santa’s Sled will be lit up for storytelling, including the “snow gum tree character narrating a Christmas play at 7:30pm each night acted out on the stage area.  This play will include Xmas and Australian songs and could involve the Grinch stealing gifts (actors), only to be caught by “the jolly swag‐man” who sends the children a message of good will for Xmas and saves the Grinch from missing the real message of Xmas.  

Roving performers (Christmas kangaroo’s etc) will interact with visitors throughout.  

The Surfers Paradise Sign will be themed with Australian Xmas theming for photo opportunities day and night.  

Santa will arrive on the Beach (Sat 17 Dec involving a promotion of the Nutri Grain Ironman Series AND Fri 23 Dec) via IRB and will enter the mall to collect the mail from the mail box.   

Official opening on Friday 9th December with Local Councillor involvement 

Every evening there will be Carols preceding the play and on the 15th, 16th and 17th Dec, the Surf City Church will deliver carols by candlelight and performances on‐stage.  

Lighting – a bud lighting canopy will sit over the top of the Mall featuring 12,000 bright white LED’s.  Mall traders will be encouraged to light up their shopfront to add to the overall Australian Christmas theme.   

Date & Location  Mon 5 Dec – Sat 24 Dec, 2011 (20 days) Cavill Mall & Foreshore, Surfers Paradise 

Projected Attendance  2000 per day watch entertainment / shows = 40,000 and ongoing foot traffic outside these hours 

Cost  $112k total = $2.80 Price Per Attendance 

Christmas ExperienceEvent Brief 

617th Council Meeting 29 10 October 2011 Adopted Minutes

Goals  Economic development for the precinct – F&B / retail spending from 5000 pax per 

day attending event 

Social benefits – free community events, connection to family values  

Increasing the profile of Surfers Paradise as a safe family friendly destination ‐ 

Execution of a professional and safe experience that satisfies all stakeholders – 

traders, visitors.  Continued perception that Surfers Paradise is the event capital of 

Queensland.   

Rationale  To work cooperatively with local traders to provide a community driven event that 

seeks to unify the Gold Coast and Surfers Paradise community in a celebration of a 

special family event 

Provide family friendly content to the precinct 

Target Market:  Spectators  to be 50% Gold Coast market, 25% Drive market, 25% existing  tourists (information to be gathered from intercept surveys) 

Families with children from the local and drive market 

Other Events Competing  Carols in the Park @ Burleigh on Sun 11 Dec 

Christmas Carols @ Broadbeach on Sat 17 Dec 

Christmas Carols @ Coolangatta on Sun 18 Dec 

Execution 

Marketing & Communication 

Branding:  Further development of event name required. 

Event Marketing:  SPA to determine. 

Trader Communication:  Will be included in the Surfers Paradise monthly Trader newsletters, hand delivered to over 800 businesses in Surfers Paradise to ensure all businesses are aware of the upcoming event.  

One on one liaison with traders in the precinct to ascertain willingness to be involved in shop lighting displays which will form a large part of the drawcard of residents entering Surfers.   

Resident Communication:  Community notification letter delivered to all surrounding hotels / residents 7 days prior to the event. 

Sponsorship/ Trader Liaison 

Event Sponsorship:  SPA to procure sponsorship for this event 

Trader Participation:  Development of a proposal to go to all Cavill Mall traders to encourage their participation in lighting up their shop fronts.    

Operations 

Timing:  Bump‐in – tbc by supplier 

Bump‐out – tbc by supplier 

Location:  Cavill Mall & Foreshore, Surfers Paradise 

Liquor:  tbc  

QPS:  QPS will be made aware of what is being delivered.   

Security:  tbc  

First Aid:  tbc  

617th Council Meeting 30 10 October 2011 Adopted Minutes

Wet Weather:  tbc 

Cleaning:  GCCC cleaners to be briefed to spot clean the area. 

 

 

 

Anticipated Outcomes 

Trader Benefit:  $2.5M economic benefit to local traders (based on estimated additional 3,000 families a day during the event and the ATDW average spend assessment of $100 per family spend for 2/3 of families visiting) 

Precinct Benefit:  Build the perception of Surfers Paradise as a safe, family friendly precinct  

Drive return visitation by highlighting local offerings to spectators  

Community Benefit:  High attendance (50%+) from local / drive market 

Free family friendly outdoor event  

Contact Details 

Event Manager:  Name: Steve Brook                                            Surfers Paradise Alliance          

Phone: 0415 130 494                                        Email: [email protected] 

Trader Liaison:  Name: Miranda Grace                                       Surfers Paradise Alliance                             Phone :0407 477 128                                        Email: [email protected]            

 

617th Council Meeting 31 10 October 2011 Adopted Minutes

ATTACHMENT

CHRISTMAS THEMING AND LIGHTING FUNDING PROPOSAL SURFERS PARADISE PRECINCT

INTRODUCTION Surfers Paradise Alliance (SPA) is seeking $110,000 in funding support for a Christmas lighting display to centrepiece its 12 Days of Christmas program, a series of seasonal family events for the Surfers Paradise precinct. The Alliance has budgeted $112,000 to conduct and market the event however the first costing coming through indicate that to showcase the precinct we will require substantially more funding. (See quotation below as indicative of staging costs). The proposed Christmas display will be an Australian Christmas-themed spectacle, staged and promoted as a must see Christmas lighting event on the Gold Coast and a major draw for families from both the Gold Coast and the 3 hour drive market. The displays will be a delightful addition to the Gold Coast’s Christmas calendar and serve the ongoing ‘re-imaging’ of Surfers Paradise as a fun, family friendly and safe place to visit day or night. Funding is sought for two tiers of the proposed display:

The major outdoor displays both lighting and theming, to be positioned throughout Cavill Mall and along the immediate Surfers Paradise Foreshore opposite Cavill Mall.

‘Store window’ Christmas lights, with funding to support Surfers Paradise traders lighting their stores.

THE LIGHTS AND THEMING The standard of professional light works commissioned for the outdoor display will deliver sufficient ‘wow factor’ to ensure word-of-mouth buzz around the Gold Coast, bolstered by the individual creativity of the store lighting, which will encourage visitors to wander the precinct to ensure they’ve ‘seen it all’. Suggested lighting fixtures for the outdoor display include:

An LED bud light canopy covering the entirety of Cavill Mall and made up of 12,000 individual white LED lights

Two ‘space flower’ units at the eastern and western ends of Cavill Mall – space flowers project rotating beams of light into the night sky, a spectacle visible for several kilometres in every direction

A large conical or cylindrical LED centrepiece (a Christmas tree or ‘bon bon’ design), standing free in the centre of Cavill Mall

Rows of LED Christmas motifs and characters along the Surfers Paradise Foreshore.

The display will be themed around an ‘Australian Christmas’, with features such as the ‘six white boomers’, a beach-loving Santa Claus and other icons of a summer festive season. The store window component of the display will be largely directed by Surfers Paradise traders and businesses, in consultation with relevant SPA staff. Each participating store will be provided a basic lighting kit to decorate their windows, with scope to customise their window displays in line with overall project specifications. The basic lighting kits supplied to traders will each comprise one of three different light mixes to ensure a visually appealing variety of styles in the store windows displays. COMMUNITY BENEFITS It is envisaged that the display will draw families back into the city heart during the holiday season, particularly in the early hours of the evening. Drawn by the lights, visitors will discover (or rediscover) a rejuvenated Surfers Paradise Foreshore, a host of family dining options and SPA’s 12 Days of Christmas celebration and entertainment program.

617th Council Meeting 32 10 October 2011 Adopted Minutes

ATTACHMENT The displays, backed by SPA’s interactive 12 Days lead up to Christmas program will fill a niche in the Gold Coast’s Christmas calendar – a large-scale, ongoing community event that families can participate in on a self-directed, casual basis. Essentially, SPA’s Christmas lighting display will draw young families and the young at heart will be drawn into the Surfers Paradise precinct, where they can communally soak up the spirit of a coastal Christmas in paradise. 12 DAYS OF CHRISTMAS INTEGRATION The proposed lighting display will be integrated into several 12 Days of Christmas events, including a nightly pantomime and the Santa’s Mailbox, a central location where children can post letters to Santa ‘at the North Pole’. The 12 Days of Christmas pantomime, based on The Grinch Who Stole Christmas, will be performed each night on the Cavill Mall Stage, amid the lighting display, and it is envisaged that performers will interact with elements of the lighting display at each show. Santa’s Mailbox, expected to be a popular destination during the 12 Days of Christmas promotion, will be incorporated into the lighting display alongside the LED light Santa’s sleigh. MEDIA OUTCOMES The large-scale event will, with its obvious visual spectacle, achieve significant media exposure across Gold Coast print and television outlets. Highly achievable media outcomes include:

Media call announcing the lighting display (with supplied images of lighting concepts)

News photo / TV medial call around the official ‘turning on of the lights’.

TV media call under the lights with Christmas carollers from the Surfers Paradise Primary School choir and/or the SURFCITY Church choir.

SPA will run a social media campaign around the displays, which will become a popular backdrop for photographs taken and uploaded to social media by attendees. The lighting displays will also backdrop SPA’s other media calls and photo opportunities during the holiday season, such as the 12 Days of Christmas launch media call.

617th Council Meeting 33 10 October 2011 Adopted Minutes

ATTACHMENT Dear Steve, Further to our discussions, the following, details our creative approach and costing for Christmas in Surfers 2011. The scope of works is extensive given the short time frame, so I have not included the across Mall lighting component you have had previously as I realistically think Xmas-Mil will have enough to focus on in producing the elements detailed here without the lighting exercise as well , (although it is something I would like to look at in the future.) this will also allow a streamlined installation dismantle process I am suggesting your existing contractor install the across Mall lighting first and we would follow after them. Likewise the video/graphic style light curtains we discussed briefly, until I have time to test and thoroughly famililarise myself with this product, it's programming and the potential locations I am not suggesting it for this year as it will obviously require customizing and the time frame is far too short to guarantee a perfect product. Ancillary awning feature lighting products that you saw in our premise are available ( the santa , santa sleigh , illuminated stars, dynamic cone tree ) but not included in this proposal or costing until the available budget is determined. Concept theme brief......."An Aussie Christmas", utilising iconic Australian Animals , Santa , "Boomers" etc to provide a major attraction and tourist drawcard , have appeal to children , provide a "ground level" experience throughout the Mall, colourfull by day and enhanced at nightime...(the theme to be continued and developed over the following 2 years) Creative approach.... To give the Animals.. "purpose "and interest beyond just being iconic australian animals , we propose that "they have been seconded by Santa as helpers to decorate the Mall". Therefore the animals will be in different situations doing different things to provide a cohesive storyline to the whole effect and a progression throughout the mall with small and different elements of "reveal" . Main thrust...two Koalas in different postures on the 32 light poles..and Surfer's Paradise sign....attaching or hanging garlands or decorations in different colours, spiraled around the poles and sign, aided by an occasional possum .... all highly stylised characters each complete with a Santa style red and white trimmed cap denoting their status as "helpers" At ground level stylised Kangaroos and Emus decked in their Santa hats, carrying about illuminated branch style decorations which also feature on the stage area with the Santa setting. The stage setting features a backdrop of 6 profile infilled white/silver illuminated Boomers "in flight".... Koalas and possums decorating the lighting bar above.. A dimensional Sleigh facing forward in which Santa is seated for children's photo ops....flanked by Kangaroo's and Emu's with the illuminated foliage branches forming a side of stage delineation feature. Mechanical aspects and quantities The character animals are dimensional, stylized and full and large scaled for impact and "closeness" proximity. Metallic colours incorporated into the body coverings where possible , other elements are added where possible to enhance the whimsical nature of the scenario , ie the kangaroo's with" workman's tool kit belt pouches". Possum's with bauble hanging from tail. The 72 Koala's would be approx 1200mm high , dimensional stylized body, that can be adapted for different positions on the light poles ie.. upside down, climbing , hanging , crawling etc.

617th Council Meeting 34 10 October 2011 Adopted Minutes

ATTACHMENT The 14 Emu's would be approx 1800mm tall , the 14 kangaroos approx 2000mm tall on base platforms. Apart from the 4 on Stage , 24 would be distributed to the 24 ground floor retailers with the request that they plug them into their power outlet, and take them in and out each day/night. 24 volt LV extension lead approx 20 metres per animal. Animals on steel baseplate for stability , easily trollied into position daily , it is assumed each retailer would have a small hand trolly for deliveries. bulk duct tape rolls provided for covering LV cord to paving to avoid customers tripping on uncovered leads. 20 possums approx 1200mm long (to tail) placed opportunistically, light poles, stage lighting bar , Surfer's sign, other canopy edges 38 garland and decorations for light poles, stage lighting bar, Surfer's sign. Stage setting.. 6 profile infilled white/silver illuminated Boomers . approx 1800mm staggered in two runs of 3 flying pose as back stage drop area approx 3 metres x 6 metres . Two side stage light foliage sections appx 3 metres x 800mm tall . Dimensional Santa Sleigh approx 2.5metres x 1.5 metres x 1.5 metres. Two Kangaroo’s and two Emu's with illuminated branch foliage. Construction...... The animals are stylised and dimemsional (but not like the formal topiary style animals you saw at out plant) for example the Emu would have dimensional body ."the feathers' would be lightweight strips of grey/brown toning’s with metallic gold strips . waterproof and would move in the breeze. Bodies of all the animals would be lightweight steel framed covered with dimensional garland representing their fur. The faces are the most important aspect to give 'cheekiness " and character to the animals. When concept and budget is approved, the next stage would be to sketch up the construction features and proto-type the faces , Koala first as there are so many of these they need to be perfected in a manner for timely production turnaround , Possums next, Kangaroo and Emu last.(these drawings will be working drawings ,expensive elaborate colour landscape visuals have not been included in the costing nor is there time to prepare them) Costing :- Items listed above, including framed Santa Hats, Decorations , Animals, Lighted foliage, pole mounting brackets, Stage setting, Lighting, wiring, transformers, Design concepts , Prototypes........................ .....$205,400.00 plus 10% gst Freight ex- Melb direct to site (dedicated truck )....$16,842.00 plus gst Installation, 6 man crew ,plus supervisor 2 days, EPV, truck, barricades .........................................$21,680.00 plus 10%gst Dismantle as above and removal to storage $23,680.00 plus 10% gst Storage and insurance 105 cubic metres............. $21,000 plus 10%gst (per annum) sub total $288,602.00 Plus 10% gst $ 28,860.20 Total $317,462.20 Terms 45% deposit with order 45 % on completion/dispatch, 10% (balance) on installation. Sincerely Rod L Miller Marketing/Projects Manager

617th Council Meeting 35 10 October 2011 Adopted Minutes 13. GENERAL BUSINESS 13.4 ALLOCATION OF FUNDS FROM DIVISION 14 2011-12 LOCAL AREA WORKS

PROGRAM CONCERTS & FUNCTIONS ALLOCATION FOR THE SOUTH OF THE CITY VISION CONSULTANCY

FN334/375/02 RESOLUTION G11.1010.025 Moved Cr Robbins Seconded Cr Pforr That an amount of $25,000 be allocated from 2011-12 Division 14 Local Area Works funds for the South of the City Vision Consultancy, funding to be directed to Connecting Southern Gold Coast to manage the process under its charter, with the recommendations of the visioning process to be reported back to Council. (For clarity, this project is similar to the Heart of the City Advisory Committee for Surfers Paradise, and the Broadbeach Advisory Committee)

CARRIED

617th Council Meeting 36 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.5 GOLD COAST HERITAGE REGISTER ADOPTIONS OCTOBER 2011 CE116/60/24(P3) RESOLUTION G11.1010.026 Moved Cr Young Seconded Cr Pforr 1 That the attachment be deemed a confidential document and be treated as such

in accordance with sections 171 (3) and 200 (9) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the following places be entered in the Gold Coast Local Heritage Register

a Banana Packing Shed, Chesters Road, Numinbah Valley

b Bora Memorial Rock, Burleigh Heads

c Burleigh Police Station (former)/Nui Dat House, Arundel

d Gold Coast and Hinterland Historical Society Grounds, Bundall

e Grave of Ben Manager, South Stradbroke Island

f Grave of Emily and Thomas West, Burleigh Heads

g ‘Hardy’s Bridge’, Mudgeeraba

h ‘Hardy’s House’, Hinterland Regional Park, Mudgeeraba

i Humphrey’s Boat Shed and Slipway, Main Beach

j Powell Brothers Commemorative Trees

k Rosser’s house and gardens, 234 Ashmore Road, Benowa

l ‘The Graves’, Currigee, South Stradbroke Island

m Tugun Hotel Moreton Bay Fig Tree

n Upper Coomera War Memorial

3 That the Avenue of Commemorative Trees, Latimers Crossing Road, Advancetown be entered in the Gold Coast Local Heritage Register, and

a that the ‘area for protection’ be altered from “drip-line plus 5 metre radius around each tree” to “drip-line plus 5 metre radius around each tree excluding road and associated infrastructure including drainage features”.

4 That the ‘Dip Crossing’ Bridge and Road Remnants be entered in the Gold Coast Local Heritage Register, and

a That the ‘area for protection’ be altered from “bridge remnants, 65 metre length of old road approach on Gold Coast Springbrook Road reserve, 15 metre of old road approach on Franklin Drive road reserve” to “bridge remnants, 15 metre length of old road approach on Gold Coast Springbrook Road reserve, 15 metre of old road approach on Franklin Drive road reserve”.

5 That ‘Gregory House’, 28 Meron Street, Southport, not be entered on the Gold Coast Local Heritage Register to enable further research into determining the cultural heritage significance of that place to the Gold Coast to be completed.

6 That the property identified as ‘The Lodge’, 4 College Avenue, Southport, not be entered on the Gold Coast Local Heritage Register, and

a that Council consider a submission to enter 4 College Street, Southport, into the Gold Coast Local Heritage Register at the earliest time, and

b that the place be referred to as ‘The Hill’ by Council.

617th Council Meeting 37 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.5 GOLD COAST HERITAGE REGISTER ADOPTIONS OCTOBER 2011 CE116/60/24(P3) (CONTINUED) A division was called. For 12 Cr Gates, Cr Wayne, Cr Young, Cr Pforr, Cr Grummitt, Cr La Castra,

Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins,

Against 2 Cr Crichlow, Cr Douglas Abstained 0 Absent 1 Cr Clarke

CARRIED

13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT PD113/-/-(P2) Refer 12 page attachment Attachment A – Councillor Participation In ‘Without Prejudice’ Meetings(Planning &

Environment Court) Policy Attachment B – Management of Major Projects Status Policy Attachment C – Extract from Register of Membership of Standing, Special & Advisory

Committees & Delegates to External Organisations Including proposed changes

1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT To advise Council of the proposed implementation arrangements in relation to the recently resolved modifications to the planning and development process. 4 PREVIOUS RESOLUTIONS Council Minute No. G11.0328.027:

1. That Council recognise the need for the Mayor and Councillors to participate in formal “Without Prejudice” meetings to discuss planning matters that have been resolved by Council but are the subject of an appeal or a request for a negotiated decision against the intent of the resolution.

617th Council Meeting 38 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2)

2. That Council seeks to establish a policy position that the “Without Prejudice” meeting

process is primarily an administrative function of Council and that as such should not be bound by the provisions of the Local Government Act in regard to declarations by the Mayor and Councillors of perceived conflicts of interest by their involvement or participation at these meetings or in pre-briefings or in correspondence dealing with these matters.

3. That the Chief Executive Officer brings back a report to the first Corporate

Governance & Administration Committee meeting, held in April 2011, on the matter. Council Minute No. G11.0530.019:

That Council direct the Chief Executive Officer to bring forward a policy based on Option 2. Such policy to include a provision that the chair of the appropriate standing committee would ordinarily be the chair of the ‘Without Prejudice’ meeting.

Council Minute No. G11.0912.005:

1 To assign the authority to the Chair of City Planning to preside over all without prejudice meetings involving appeals over development applications and to oversee negotiated outcomes that could be processed through Council to settle appeals.

2 Council adopt a policy position (similar to the Development Application Fee Resolution of 24 June 2011) to authorise the Mayor and the Chairs of City Planning and/or Economic Development & Major Projects, in consultation with the CEO or his delegate, to meet as required with developers/applicants of major projects proposed for construction within the City to consider the merits of their proposal and request council officers as appropriate to assign these developments the status of “Major Projects” which would be referred to major projects which is part of the Directorate of Planning Environment & Transport assessment team for priority processing and assessment.

3 Council determine that because of their operations function, the responsibility for overseeing the receiving of reports on matters dealing with infrastructure charges planning and policy and also, transport planning and policy, be transferred from Sustainable City Future Committee to City Planning Committee.

4 The CEO advises Council, at the first meeting after Recess (10 October 2011) as to how the above changes are to be implemented.

5 DISCUSSION The following implementation arrangements are proposed for each of the above modifications to Council’s planning and development process. a. To assign the authority to the Chair of City Planning to preside over all ‘without

prejudice’ meetings involving appeals over development applications and to oversee negotiated outcomes that could be processed through Council to settle appeals.

617th Council Meeting 39 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) Council’s resolution is to “assign the authority” to the Chair of City Planning to preside over all without prejudice meetings involving appeals over development applications and to oversee negotiated outcomes that could be processed through Council to settle appeals. The implementation of this resolution does not in fact require an ‘authorisation’ under the Local Government Act 2009. Further, it should be noted that the implementation of this resolution does not require a delegation to be given to the Chair of City Planning. This report recommends the adoption of a policy dealing with the role of the Chair of City Planning in without prejudice meetings. The draft policy articulates Council’s desire to actively resolve Planning and Environment Court proceedings in a timely and cost effective manner, while providing direction to Councillors who chair or participate in these meetings. A copy of the draft policy is Attachment A to this report. It is important to note that there are two types of without prejudice meetings that may occur in relation to Planning and Environment Court appeals. The first involves mediations, without prejudice conferences, or case management conferences chaired by the Court’s ADR Registrar. For the sake of convenience these meetings will be referred to as ‘Court WOPs’ throughout this report. The Planning and Environment Court requires, through Practice Direction 1 of 2011, that parties to all proceedings involving only infrastructure charges or conditions of a development approval participate in, or fix a date with the ADR Registrar to participate in, a Court WOP within 1 month after commencing the proceeding. The proposed implementation in relation to the above Council resolution does not relate to these Court WOPs. The second type of without prejudice meeting that may be held to assist in the early resolution of appeals are without prejudice meetings chaired by Council or its representative. It is the implementation of these ‘Council WOPs’ which is canvassed within the report. Implementation of resolution through adoption of a Council policy The draft policy deals with practical processes for implementing Council’s resolution, and legislative requirements such as the prohibition on directing officers and dealing with conflicts of interest. The key elements of the draft policy are summarised below. Procedures and processes: The Appeals Team and Legal Services will undertake a joint risk assessment of each

appeal to identify those matters where a Council WOP may facilitate the early resolution of an appeal.

A Council WOP will be coordinated with the Appellants, Chair of City Planning and Divisional Councillor.

A summary of issues in dispute and Council’s position will be distributed to the Chair of

City Planning and Divisional Councillor prior to the Council WOP to enable the development of an informed and consistent approach during the Council WOP.

617th Council Meeting 40 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) The Chair of City Planning chair all Council WOPs to enable these meetings to be

managed in an orderly and structured way which will assist Council in the early resolution of appeals.

If the Chair of City Planning is not able to chair the Council WOP, Council’s legal

representative will chair the meeting.

The Chair of City Planning leads discussions to maximise the likelihood of these meetings reaching an outcome which is beneficial to Council’s interests as a whole.

The role of the Divisional Councillor and any other Councillor who attends is to

participate to the extent of expressing their views and providing input into, or clarifying, an aspect of a discussion.

Negotiated outcomes from Council WOPs will be communicated to the Divisional

Councillor within 2 business days if that Councillor is not in attendance. Negotiated outcomes from Council WOPs will be confirmed with all Council participants

prior to taking any further steps to resolve the matter. Negotiated outcomes from these meetings will be advanced through existing decision-

making arrangements to resolution. Directing officers Section 170(3) of the Local Government Act 2009 prohibits any councillor from giving a direction to a local government employee. This provision operates to limit the ability of a councillor who is chairing or participating in a Council WOP to direct particular outcomes be agreed upon. The effect of this prohibition is reflected in the draft policy. Conflict of interests Since Council first considered this matter there has been a significant shift in the State government’s position on the issue of a Councillor’s conflict of interest and how any such conflict must be dealt with. In short the State, through amendments to section 173 of the Local Government Act 2009:

Decriminalised a breach of the Act with respect to a conflict of interest for a Councillor (that is it is now ‘misconduct’ and not ‘official misconduct’).

No longer requires Council to make a decision on a Councillor’s conflict, or perceived

conflict of interest.

Requires a Councillor who has a conflict of interest, or a perceived conflict or interest, to declare that interest to the relevant Council or committee meeting, and

Requires a Councillor with a conflict of interests, or a perceived conflict of interests

who, after declaring that interest, participates in the meeting in relation to the matter, to state how the Councillor intends to deal with the real or perceived conflict of interest.

617th Council Meeting 41 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) Therefore, if a Councillor in a meeting has a conflict of interest in the matter the Councillor must declare that interest to the meeting and if the Councillor decides to participate in the meeting, state how the Councillor intends to deal with the real or perceived conflict of interest. The minutes or report of the meeting must record the declaration and, if the Councillor participated in the meeting, how the Councillor dealt with the conflict and how the Councillor voted in the meeting and how the others present voted. The provisions in section 173 of the Local Government Act 2009 do not expressly apply to Council WOPs. However, the matters dealt with in a Council WOP will usually have been dealt with by Council when a decision on the relevant development application was made. As such the draft policy proposes the following approach:-

If a Councillor had a conflict of interest when the matter came before the relevant Council or Committee meeting; or

Would have had a conflict of interest if the matter came before the relevant

Council or Committee meeting, the Councillor should:-

a) not chair or actively participate in the Council WOP; but b) can attend the Council WOP as an observer.

This approach will ensure that Councillors comply with the principles set out in section 4 of the Local Government Act 2009, in particular, section 4(2)(a) (transparent and effective processes, and decision-making in the public interest) and section 4(2)(e) (ethical and legal behaviour of Councillors). The draft policy proposes that if a Councillor had, or would have had, a conflict of interest in the matter the subject of the proceeding, and decides to attend the Council WOP as an observer the Councillor must:-

1. declare that interest at the Council WOP; and 2. state that the Councillor intends to deal with the real or perceived conflict of interest by

simply observing the meeting; and

3. ensure the minutes of the Council WOP record the declaration. The aim of the proposed draft policy and implementation measures is to ensure Council has proactive measures in place for the expeditious resolution of the key issues in appeals, at a minimum cost to Council and the Appellant. The process will importantly support the aim of the Planning and Environment Court to ensure parties to proceedings actively attempt to resolve matters in a timely and efficient manner. In addition the draft policy provides direction to Councillors about their role in Council WOPs.

617th Council Meeting 42 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) b. Council adopt a policy position (similar to the Development Application Fee

Resolution of 24 June 2011) to authorise the Mayor and the Chairs of City Planning and/or Economic Development & Major Projects, in consultation with the CEO or his delegate, to meet as required with developers/applicants of major projects proposed for construction within the City to consider the merits of their proposal and request council officers as appropriate to assign these developments the status of “Major Projects” which would be referred to major projects which is part of the Directorate of Planning Environment & Transport assessment team for priority processing and assessment

Council’s resolution is to adopt a policy position to authorise the Mayor and Chairs of City Planning Committee and Economic Development & Major Projects Committee to meet with developers/applicants and assign certain developments the status of ‘Major Projects’. The allocation of development applications to appropriate assessment areas, and management of assessment processes is undertaken as an operational function on a daily basis by the organisation. Section 170 of the Local Government Act 2009 limits the ability for Council’s resolution to be implemented verbatim. That section provides as follows:-

170 Giving directions to local government staff (1) The mayor may give a direction to the chief executive officer. Note— See section 258 for the prohibition on the mayor delegating this power. (2) However, no other councillor may give a direction to the chief executive officer. (3) No councillor, including the mayor, may give a direction to any other local government employee.

The effect of this section is that individual Councillors, other than the Mayor, have no legal power to assume any operational role by directing a Council officer, and the Mayor’s power is limited to directing the CEO within the confines of adopted Council policy. As such, this report recommends Council adopt a policy which provides for the Mayor and Chairs of City Planning Committee and Economic Development & Major Projects Committee to form an integral part of the decision-making process about assigning development applications the status of ‘Major Projects’, while leaving the final operational decision about the allocation of resources and rearranging of priorities with the Manager, Implementation & Assessment, PET. The draft policy does however reflect the Mayor’s authority to direct the CEO if deemed appropriate. Additionally, it should be noted that the implementation of this resolution does not in fact require an authorisation or delegation under the Local Government Act 2009. This report proposes the adoption of a ‘Management of Major Projects Status Policy’, which will identify the procedures to be followed by Council in determining whether a development application should be managed and assessed as a ‘Major Project’. A copy of the draft policy is Attachment B to this report.

In summary, the draft policy proposes the adoption of a process whereby the Manager Implementation & Assessment branch will coordinate a meeting to provide an opportunity for applicants and Council to discuss key issues relevant to the proposal and to determine whether a development proposal should be managed and assessed as a ‘Major Project’.

617th Council Meeting 43 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) c. Council determine that because of their operations function, the responsibility for

overseeing the receiving of reports on matters dealing with infrastructure charges planning and policy and also, transport planning and policy, be transferred from Sustainable City Future Committee to City Planning Committee.

The above resolution of Council changes the business the Sustainable City Future Committee and City Planning Committee are charged to deal with. These changes will be reflected in Council’s ‘Register of Membership of Standing Special & Advisory Committees & Delegates & External Organisations’. An extract of the amended register is Attachment C to this report. In addition to amending the register, the following arrangements are required in order to implement this resolution as stated: a. The implementation arrangements for stand alone infrastructure charges planning and

policy and transport policy and planning matters will be reported directly through City Planning Committee. Examples of this include amendment to the Adopted Infrastructure Charges Resolution, infrastructure charges discount and subsidy initiatives, development of the Transport Strategy, specific community, public and active transport initiatives and car parking strategy/policy etc. No significant process change is required for these matters other than redirecting the reporting of these matters from Sustainable City Future Committee to City Planning Committee.

b. The implementation arrangements for infrastructure charges planning and policy and

transport policy and planning matters that are embedded and integrated within the Planning Scheme and other planning instruments, will require sequenced reporting to both the City Planning Committee, on these matters, and the Sustainable City Future Committee on the draft planning instruments within which they are embedded. Examples of this include the PIP, the transport code, car parking rates in Local Plans, Land Development Guidelines etc. The following process, which seeks to minimise the reporting load associated with the modified arrangements, is proposed in relation to these matters:

City Planning Committee receives a detailed presentation on these matters, rather than a written report included in the agenda of the City Planning Committee.

The presentation will occur no later than the City Planning Committee meeting in the week preceding the planning instruments’ presentation to the Sustainable City Future Committee.

To record the City Planning Committee’s consideration of the matter;

o The presentation will be included in the Committee Report.

o The City Planning Committee’s direction will be captured and recorded within the Committee Report as a General Business recommendation.

That recommendation will naturally follow to Council for determination.

The direction from City Planning Committee, determined by Council, will inform the finalisation of the planning instrument by officers in preparing the instrument for Council consideration via the Sustainable City Future Committee.

617th Council Meeting 44 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2)

When the instrument is reported to Sustainable City Future Committee, the officer report will include discussion that identifies how the direction of the City Planning Committee/Council has been addressed.

This process, although achievable, will have moderate resourcing implications due to the increased reporting arrangements and coordination and may result in timing impacts on plan making activities.

Alternative implementation model An alternative implementation model, using a demarcation of policy and planning based on its ‘operational’ vs ‘strategic’ characteristics, could mitigate those impacts and allow for integration of the strategic aspects of these policy areas with other policy areas in the making of the Planning Scheme and other planning instruments and strategic planning. The alternative implementation model is as follows: a. For operationally based infrastructure charges planning and policy and transport planning

and policy, reporting occur via the City Planning Committee. Examples include;

Priority Infrastructure Plan

- operationally relevant policy related to ‘Demand generation’ and Desired standards of service’

amendment to the Adopted Infrastructure Charges Resolution;

infrastructure charges discount and subsidy initiatives;

‘not-for-profit’ infrastructure charges rebate policy and implementation;

policy related to infrastructure charges offsets and credits;

specific community, active and public transport initiatives. b. For infrastructure charges planning and policy and transport planning and policy, that is

of a strategic nature or is embedded and integrated within the Planning Scheme and other planning instruments, reporting occur via the Sustainable City Future Committee. Examples include:

Priority Infrastructure Plan

- Plan making and policy other than ‘Demand generation’ and ‘Desired standards of service’

Land Development Guidelines;

Planning Scheme and other planning instrument content matters;

Transport Strategy;

City wide parking strategy/policy;

Submissions related to Federal, State and regional policy/plans regarding infrastructure and transport.

Operationally, ongoing demarcation of specific matters will be managed by liaison between the relevant PE&T Managers and the Director PE&T as is currently the case on other matters where reporting arrangements require a judgement to be made.

617th Council Meeting 45 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) This alternative implementation model is preferred as it reduces the administrative, resourcing and timing impacts associated with implementing the Council resolution. As such, this report recommends endorsing the alternative implementation model. 6 ALIGNMENT TO BOLD FUTURE VISION, CORPORATE PLAN, OPERATIONAL

PLAN Not Applicable. 7 FUNDING AND RESOURCING REQUIREMENTS The implementation of these modifications is not anticipated to result in funding implications. Some additional process implications and resulting resourcing and coordination related to additional reporting may result from the modified reporting arrangements for infrastructure charges planning and policy and transport planning and policy for matters embedded within planning instruments depending upon the implementation model that is accepted. 8 RISK MANAGEMENT Not Applicable. 9 STATUTORY MATTERS Not Applicable. 10 COUNCIL POLICIES This report recommends the adoption of a:- ‘Councillor Participation in Without Prejudice Meetings (Planning & Environment Court)

Policy’; and

‘Management of Major Projects Status Policy’; 11 DELEGATIONS Not Applicable.

617th Council Meeting 46 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) 12 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

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

Director PE&T PE&T Yes Manager Implementation and Assessment

PE&T Yes

Manager Transport PE&T Yes Exec Coordinator Legal Services

City Gov Yes

13 STAKEHOLDER IMPACTS It is not anticipated that the implementation of these modifications will have a significant negative external stakeholder impact. The without prejudice and major projects processes will assist external stakeholders in clarifying roles and responsibilities with regards these matters. 14 TIMING The implementation arrangements discussed above have effect immediately following Council’s endorsement. 15 CONCLUSION Council resolved to modify the planning and development process at its meeting of 12 September 2011. This report outlines how those changes will be implemented. It is recommended that council endorse the proposed implementation arrangements including:- the adoption of a ‘Councillor Participation in Without Prejudice Meetings (Planning &

Environment Court) Policy’; the adoption of a ‘Management of Major Projects Status Policy’; the amendment of the ‘Register of Membership of Standing Special & Advisory

Committees & Delegates & External Organisations’ and the acceptance of reporting arrangements allocated between the City Planning

Committee and Sustainable City Future Committee for infrastructure charges planning and policy and transport planning and policy matters based upon their operational vs. strategic characteristics as a preference to the increased reporting arrangements necessary under an alternative model.

617th Council Meeting 47 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council note the contents of this report.

2 That Council adopt the draft ‘Councillor Participation in Without Prejudice Meetings (Planning & Environment Court) Policy’, which is Attachment A to this report.

3 That Council adopt the draft ‘Management of Major Projects Status Policy’, which is Attachment B to this report.

4 That Council endorse the changes to the ‘Register of Membership of Standing Special & Advisory Committees & Delegates & External Organisations’, which is outlined in Attachment C to this report.

5 That Council endorse the alternative implementation model outlined in Part 5c of this report.

Author: Authorised by:

David Corkill Warren Rowe Manager Strategic and Environmental Planning and Policy

Director Planning Environment & Transport

Matthew Hulse 7 October 2011 Manager Implementation and Assessment

Cherie Watt Executive Coordinator City Governance

617th Council Meeting 48 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) MOTION Moved Cr Shepherd Seconded Cr Douglas 1 That Council note the contents of this report.

2 That Council adopt the draft ‘Councillor Participation in Without Prejudice Meetings (Planning & Environment Court) Policy’, which is Attachment A to this report, with exception of Page 14 which is to be referred to the Corporate Governance & Administration Committee meeting to be held on Wednesday 12 October 2011.

3 That Council adopt the draft ‘Management of Major Projects Status Policy’, which is Attachment B to this report.

4 That Council endorse the changes to the ‘Register of Membership of Standing Special & Advisory Committees & Delegates & External Organisations’, which is outlined in Attachment C to this report.

5 That Council endorse the alternative implementation model outlined in Part 5c of this report.

6 That the following changes be made to Management of Major Projects Status Draft Policy - Parts 5, 6, 10 and Scope on Page 18 of the Agenda Report:

i Part 5 Change “a Report” to “briefing note” ii Part 6 Change Chair of Economic Development & Major Projects to Chair of

Economic Development & Tourism Committee iii Part 6 Change “at least 1 week” to “48 hours” iv Part 6 Change “report” to “overview” v Part 10 Insert at the end of the paragraph… and will advise the Mayor, Chairs

and Divisional Councillor as appropriate. vi Scope - that the name of the Committee be corrected to Economic

Development & Tourism Committee

7 That the following changes be made to Page 13 of the Agenda:

i Part 5 - If the Chair of City Planning is not able to chair the Council WOP, the Deputy Committee Chair will chair the meeting.

ii Part 6 - The Chair of WOP will lead discussions to maximise the likelihood of those meetings reaching an outcome which is beneficial to Council’s interests as a whole.

617th Council Meeting 49 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) AMENDMENT Moved Cr Young Seconded Cr Wayne 1 That the Motion be adopted with the following change: a That the Management of Major Projects Status Policy be amended to include conflict of interest provisions similar to those that would be adopted for Without Prejudice meetings Policy. A division was called. For 7 Cr Wayne, Cr Grummitt, Cr Young, Cr Sarroff, Cr Betts, Cr McDonald,

Cr Robbins

Against 8 Cr Gates, Cr Pforr, Cr Crichlow, Cr Douglas, Cr La Castra, Cr Shepherd, Cr Grew, Cr Clarke

Abstained 0 Absent 0 The AMENDMENT was LOST AMENDMENT Moved Cr Young Seconded Cr Wayne 1 That the Motion be adopted with the following changes: a Delete Parts 4 and 5 of the Motion; and b Include the following “Council takes no further action in regard to the proposed changes to the Standing Committee portfolio.” A division was called. For 7 Cr Wayne, Cr Grummitt, Cr Young, Cr Sarroff, Cr Betts, Cr McDonald,

Cr Robbins Against 8 Cr Gates, Cr Pforr, Cr Crichlow, Cr Douglas, Cr La Castra, Cr Shepherd,

Cr Grew, Cr Clarke Abstained 0 Absent 0 The AMENDMENT was LOST.

617th Council Meeting 50 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.6 PLANNING & DEVELOPMENT MODIFICATION PROCESS IMPLEMENTATION REPORT (CONTINUED) PD113/-/-(P2) The MOTION became the RESOLUTION RESOLUTION G11.1010.027 1 That Council note the contents of this report.

2 That Council adopt the draft ‘Councillor Participation in Without Prejudice Meetings (Planning & Environment Court) Policy’, which is Attachment A to this report, with exception of Page 14 which is to be referred to the Corporate Governance & Administration Committee meeting to be held on Wednesday 12 October 2011 .

3 That Council adopt the draft ‘Management of Major Projects Status Policy’, which is Attachment B to this report.

4 That Council endorse the changes to the ‘Register of Membership of Standing, Special & Advisory Committees & Delegates to External Organisations’, which is outlined in Attachment C to this report.

5 That Council endorse the alternative implementation model outlined in Part 5c of this report.

6 That the following changes be made to Management of Major Projects Status Draft Policy - Parts 5, 6, 10 and Scope on Page 18 of the Agenda Report:

i Part 5 Change “a Report” to “briefing note” ii Part 6 Change Chair of Economic Development & Major Projects to Chair

of Economic Development & Tourism Committee iii Part 6 Change “at least 1 week” to “48 hours” iv Part 6 Change “report” to “overview” v Part 10 Insert at the end of the paragraph… and will advise the Mayor,

Chairs and Divisional Councillor as appropriate. vi Under “Scope” that the name of the Committee be corrected to Economic

Development & Tourism Committee

7 That the following changes be made to Councillor Participation in ‘Without Prejudice’ Meetings (Planning & Environment Court) Draft Policy - Page 13 of the Agenda:

i Part 5 If the Chair of City Planning is not able to chair the Council Without

Prejudice meeting, the Deputy Committee Chair of City Planning will chair the meeting.

ii Part 6 The Chair of the Council Without Prejudice meeting will lead discussions to maximise the likelihood of these meetings reaching an outcome which is beneficial to Council’s interests as a whole.

A division was called. For 12 Cr Gates, Cr Wayne, Cr Pforr, Cr Young, Cr Crichlow, Cr Douglas,

Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr Clarke Against 3 Cr McDonald, Cr Robbins, Cr Grummitt Abstained 0 Absent 0

CARRIED

617th Council Meeting 51 10 October 2011 Adopted Minutes ATTACHMENT A - Councillor Participation In ‘Without Prejudice’ Meetings(Planning &

Environment Court) Policy

617th Council Meeting 52 10 October 2011 Adopted Minutes

617th Council Meeting 53 10 October 2011 Adopted Minutes

617th Council Meeting 54 10 October 2011 Adopted Minutes

617th Council Meeting 55 10 October 2011 Adopted Minutes

617th Council Meeting 56 10 October 2011 Adopted Minutes ATTACHMENT B - Management of Major Projects Status Policy

617th Council Meeting 57 10 October 2011 Adopted Minutes

617th Council Meeting 58 10 October 2011 Adopted Minutes

617th Council Meeting 59 10 October 2011 Adopted Minutes

617th Council Meeting 60 10 October 2011 Adopted Minutes ATTACHMENT C - Extract from Register of Membership of Standing, Special &

Advisory Committees & Delegates to External Organisations Including proposed changes

617th Council Meeting 61 10 October 2011 Adopted Minutes

617th Council Meeting 62 10 October 2011 Adopted Minutes

617th Council Meeting 63 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) Refer 25 page attachment Attachment A – Approved Tippler Hub Concept Plan Attachment B – Extract of Tipplers Hub Business Plan Attachment C – Tradewinds Financial Forecast Attachment D – MAG Submission Attachment E – MAG Financial Forecast Attachment F – Photographs (Tipplers today) 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT To report on progress towards implementation of the Tipplers Hub Concept Plan and, in particular: 1 site works undertaken to provide improved community amenity 2 current status of planning and approvals 3 proposed works at Tradewinds. The report also addresses the latest submission from the Marine Action Group (MAG) for the proposed development of a large licensed club on the island. 4 PREVIOUS RESOLUTIONS Council, at its meeting of 16 May 2011 resolved Ex Minute G11.0516.009: “1 That Council notes the advice and reports received since the 9 May 2011 from the Chief

Executive Officer and Marine Action Group.

2 That Council provide in principle support for the proposed restoration and redevelopment of the Tipplers Tavern building essentially and preferably to be undertaken by a not for profit community based group.

3 That Council direct the Chief Executive Officer to do all things necessary to progress this in principle outcome on the understanding that:

a Council’s financial commitment is not to be increased.

b Demolition of the tavern, currently under contract, be discontinued and should be limited to those areas identified in the Hutchinson Report.

c That Tipplers Precinct Master Plan may require further amendment to reflect this outcome.

617th Council Meeting 64 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED)

d Issues including licensing, tendering, management and procurement will require clarification and further consideration by Council.

e The resultant risks to timelines and financial requirements are to be acknowledged and addressed by any not for profit group that will be involved.

4 That the Chief Executive Officer is to bring forward a further report to progress this matter prior to 24 June 2011.”

Council, at its meeting of 10 December 2010 resolved Ex Minute G10.1210.033: “1 That Council notes the results of the community consultation process and now

endorses the Tipplers Hub Concept Plan to guide future work in the location.

2 That reflecting the results of the community consultation, Stage 1 works funded in 2010/11 (including commencement of construction of the licensed café/restaurant outlined on page 6) proceed as detailed in the report.

Council, at its meeting of 2 August 2010 resolved Ex Minute G10.0802.016: “5 The proposed wastewater treatment plant be progressed to cater for the anticipated

use of visitors to the Tipplers Hub and possible expansion in the future.”

5 DISCUSSION 5.1 Background Council purchased the Tipplers Resort in March 2009 and closed it to the public in order to make the site safe, arrest environmental deterioration, and to undertake various assessments that would be required to further develop proposals for the site’s long term future. Extensive public consultation was subsequently undertaken and Council adopted the Tipplers Hub Concept Plan in December 2010. The site has been open to the public since December 2009. 5.2 The Tipplers Hub Concept Plan Council’s adopted Tipplers Hub Concept Plan was developed to guide redevelopment of Council land within the Tipplers Passage Precinct through guidelines that have been established within the Tipplers Passage Master Plan. This concept plan builds upon key objectives identified within the master plan and outlines proposed land use precincts, facilities and associated layouts for Council land. Importantly, the Tipplers Hub is to be realised in a staged approach over the next 20 years based on funding and with the intent to provide facilities in a logical sequence that build the capacity of the area over time. The concept plan is designed to provide a wide range of quality and sustainable services to the community. The illustration in Attachment A shows that, when completed, the hub would have 26 key facilities and features including: licensed restaurant environmental education centre and accommodation

617th Council Meeting 65 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) picnic, barbecue and sports nodes mix of accommodation for tourists designated swimming area ecological restoration area services precinct Council resolved in December 2010 to proceed with delivery of Stage 1 of the Tipplers Hub Concept Plan, which was further defined in the report to include the Tradewinds Restaurant. The intent of Stage 1 of the redevelopment is to increase the capacity of the Tipplers Hub to cater for public visitation. These actions will provide the foundation for further redevelopment works to be undertaken in Stages 2 and 3. Key actions in Stage 1 include: 1. Develop utilities infrastructure 2. Activate use of existing toilet block in the day use area 3. define designated swimming area in front of the day use precinct Capital funds are provided in the 2011-12 budget for the delivery of Stage 1. Stage 2 of the concept plan focuses on accommodation and envisages that cabins will be refurbished and relocated to the campground/cabin precinct. The Stage 3 tourism/education centre is envisaged to be a lightweight structure that is a showcase of sustainable construction, and will be developed in conjunction with State Government and other education providers. Public consultation revealed that the community regarded these facilities to be lower priorities than the works proposed for Stage 1. Council’s Four Year Capital Works Program identifies funds totalling $560,000 for Tipplers projects over 2012-13 to 2014-15. These are for Stage 2 and related works. 5.3 Progress To Date Since the resort’s purchase Council has undertaken to demolish a number of structures that were at the end of their service life as well as made repairs and installed new equipment and services to provide a basic level of community facility. Improvement works that have been undertaken include: installed small capacity waste water treatment plant installed rainwater tanks and water treatment plant refurbished managers residence at kiosk building opened Tipplers Kiosk with supplies for boaties, day trippers and campers minor refurbishment to Tradewinds building landscaped grounds at Tradewinds building, installed BBQs and opened as a day use

area established Tradewinds day use area as a wet area allowing the consumption of

alcohol in a public place removed pest tree species

617th Council Meeting 66 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Included in the works was a limited demolition of substandard extensions to the rear or eastern side of the Tavern building. Demolitions took the building back to what is believed to be its original eastern side for the southern portion. Photographs of the current conditions at Tipplers are provided at Attachment E. Meetings with the Marine Action Group Council’s resolution of the 16 May 2011 required a further report be brought forward to progress its in-principle support for the restoration of the Tipplers Tavern building by 24 June 2011. The Council’s Chief Executive Officer (CEO) and a number of Councillors and staff subsequently met with a group of business people and others assembled by the Marine Action Group (MAG) on two occasions. Unfortunately, the group was unable to provide sufficient detail of their proposals for Tipplers that would enable the preparation of a comprehensive report for Council consideration. However, after some discussion where the group sought until the end of August 2011 to further develop their concepts and business plans and to secure funding it was agreed that they would submit this completed work to Council by the end of September 2011. It was made clear during the meeting that officers would be recommending to Council that it not accept any commercial risk nor contribute additional capital funds. Confirmation of the outcome of the meetings with the group was achieved through emails from the CEO to Mr Keith Douglas. The CEO’s email of the 28 July 2011 confirmed that the group was to submit the following information by the 30 September 2011: a business plan of sufficient quality as to support the allocation of public assets or

funding confirm the availability of funding for the renovation of the Tavern building It was made clear to MAG that its submission would have to address financial and commercial aspects of the Tavern renovation (final opportunity) 5.4 Current Status At the present time two broad streams of work are occurring: 1 site works and license applications to progress Stage 1 of the Tipplers Hub Concept Plan

as resolved by Council 2 planning and approvals for Stages 2 and 3 of the Tipplers Hub Concept Plan A key consideration of Council at this time is how best to further progress Stage 1, which aside from the works completed above, also contemplated a licensed restaurant to provide food and beverage service to the visiting public.

617th Council Meeting 67 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) 5.4.1 Tradewinds Restaurant MCU and Liquor License Further to Council’s decision of the 16 May 2011, detailed design for the provision of the restaurant was placed on hold, except for work to obtain a resource entitlement from the Department of Environment and Resource Management (DERM) and to complete the Material Change of Use (MCU) application. This was done to give effect to Council’s decision that its financial commitment to Tipplers, if switched over to the Tavern building redevelopment, would not be increased (and as clearly stated in the discussion - not beyond the $300,000 capital funds remaining unspent on the Tradewinds Restaurant). DERM has since granted the resource entitlement, and the MCU application for the restaurant has been submitted. This application is considered to have reasonable prospects of meeting State government and Council requirements. It is proposed that the Tradewinds building shall be renovated. This includes some minor building works, for example, improved ventilation and disability access with potential for a new shade structure be added to the front.

Extent of Wet Area and Shade Structure, Tradewinds

Wet Area

Proposed Shaded Area

617th Council Meeting 68 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Liquor licensing consultants have been engaged to assist in obtaining a licence for the restaurant. Development approval for the restaurant is currently expected in February 2012 and regulations provide that a licence application cannot be lodged until the approval is granted. Processing of the licence application takes three months and receipt of an approval is likely to coincide with the completion of the restaurant fit-out. If an approval is achieved without difficulty, the restaurant can commence trading in the first half of 2012. The key threats to this timeline are: requests for information from referral/concurrence agencies objections and appeals a delay in the decision to proceed with the restaurant uncertainty around the final form of the Tipplers Hub and related timelines 5.4.2 MAGs Proposal A proposal was submitted to Council on behalf of MAG by Mr Keith Douglas on the 30 September 2011. The proposal is in brief dot point format and lists desired outcomes and services for Tipplers (See Attachment D). The requested detailed business planning and confirmation of funds availability as detailed in the CEO’s email to Mr Douglas of the 28 July 2011 has not been provided. When the allocation of public assets and/or capital funding outlay of the scale sought (i.e. control of a $7,500,000 site) is requested by an entity, it is essential that evidence demonstrating their capabilities and detailed business planning be provided. Information that can reasonably be expected includes financial, social and environmental risk management strategies, demand/market analysis and management capabilities.

617th Council Meeting 69 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) The proposal contains a detailed five year financial forecast as summarised in the following table.

Projected revenue starts strong by year one at a total income of $2,605,680 and grows to $3,873,194 in year five. The venture’s ability to obtain its forecast income is crucial if its is to achieve the stated profits. Notably: food and beverage forecasts rely on 2825 patrons/seatings per week (52 weeks per

year) and are limited to lunch time trade only strong conference, art exhibition and events patronage is forecast forecast net cabin revenue is substantial revenue from memberships and sponsorships etc represents 96 per cent of net income

in year one, 45 per cent of net income in year two and decreases in importance thereafter

The group’s capital cost forecasts to renovate the Tavern building and fit-out a kitchen remain less than Council’s forecasts. Council’s consultants forecast the provision of $20,000 for tying down the roof is short by at least $100,000 and staff consider the allocation of $250,000 for the kitchen fit out to be short by a further $100,000. Forecasts do not appear to have provided for non-construction related plant and equipment costs such as tables and chairs etc.

FINANCIAL FORECASTS SUMMARY Note Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Food and beverage gross profit 1, 2

1,740,614 1,932,641

2,125,905 2,232,200 2,343,810

Bungalows gross profit 3

- 349,440

384,384 403,603 423,783 Other income

Special events

291,200 305,760

336,336 353,153 370,810 Tradewinds exhibitions income

4,000 21,660

24,314 55,879 87,146

Store, bush tucker, souvenirs, art income

150,790 158,329

167,544 188,487 209,430

Camping ground management income

70,000 73,500

80,850 84,893 89,137

Memberships/donations/sponsorship/subsidies

349,076 349,076

349,076 349,076 349,076

Total income

2,605,680 3,190,406

3,468,409 3,667,291 3,873,193

Total expenses 4

2,242,000 2,361,100

2,485,405 2,609,675 2,740,159 Gross profit/loss $ 363,680 $ 829,306 $ 983,004 $ 1,057,616 $ 1,133,035

Interest expense

37,217 37,217

37,217 37,217 37,217 Net profit/loss $ 326,463 $ 792,089 $ 945,787 $ 1,020,399 $ 1,095,818 Accumulated profit/loss $ 326,463 $ 1,118,552 $ 2,064,339 $ 3,084,738 $ 4,180,556 1 - Profit margin on beverage sales is 70%. Profit margin on food sales is 50%. 2 - Food and beverage gross profit assumes Year 1 bungalow occupancy of 0%. 3 - Occupancy rate for bungalows is 60% commencing Year 2. 4 - Excludes commercial lease fee for utilities compound.

617th Council Meeting 70 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Council’s consulting engineers have also advised that due to apparent construction irregularities it would be prudent to undertake a detailed assessment of the floor slab for the proposed kitchen area. The group’s capital estimate of $1,397,970 for works that are known to be required or are proposed in order to commence trading could therefore be underestimated by between $100,000 and $250,000. Additionally there is no provision for capital expenses in recommissioning the cabins. Provisions for operating expenses make allowance for payment of the site’s commercial lease with DERM but do not allow for additional lease fees of initially $130,000 per annum (but expected to rise above CPI) that Council would incur in taking out a commercial lease for the services precinct that would be required under this proposal. Projected costs for the operation of the facility do not show a wages expense for campground management activities. Accounting for the accommodation component is on a net revenue basis only with increased costs for insurance, fuel, and other operating costs therefore not shown. Additionally, the submission does not provide a guarantee that the entity will have sufficient working capital upon start up. The group proposes funding its capital program (in part) using the $300,000 Tradewinds renovation funds and $100,000 demolition savings. Demolition funds of $25,000 remain unspent with the balance having been expended on other demolition related works. The group’s proposal includes $400,000 from sponsorship and fund raising and $600,000 in loans from the private sector and possibly from Council. It is clear that the group has not been successful in securing capital funding to date as previously indicated. Timing for the commencement of operations under the MAG proposal is not dealt with in their submission. Presumably it depends on the progress of fund raising and loan applications that will precede the approval and procurement process. Further commentary on the likelihood of achieving the group's forecasts is difficult without further and more detailed information (e.g. advertising and marketing strategies, reservation systems, etc). On face value, achieving 60 per cent occupancy for the resort cabins in the first year that they are available, would appear to be optimistic. 5.4.3 The Tipplers Hub Concept Plan (THCP) Compared To MAG’s Proposal Most aspects of the proposal are not inconsistent with the THCP and could be argued to be generally consistent with the broader social, environmental and financial objectives detailed in the Corporate Plan. The THCP’s proposes a low intensity café/family restaurant facility and the group proposes a $1,500,000 higher risk capital investment in an intense quasi commercial activity in the form of a large licensed club and special events facility. The co-location of a licensed club with other community uses may present social risks such as anti-social behaviour and concerns from school user groups that had been previously identified as of concern. The THCP had sought a clear separation of land use precincts. Given the site's remote location and lack of access to rapid police response, the group's plans to ensure provision of a safe environment has not been detailed. The group's plans for improving environmental management practices has also not been addressed.

617th Council Meeting 71 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) The key immediate difference between the THCP and the group’s proposal is the provision of funding for the retention of the Tavern building. Council’s consulting structural engineers and valuers had assessed the building to be essentially at end of its serviceable life. Additionally, some construction elements do not meet the required standards. Council considered that the significant expenditure required to bring the building into service could not be justified and that the funds if spent on other projects would achieve greater benefits for the Gold Coast. MAG argues that the Tavern building cannot be replaced and is the soul of Tipplers. Although it is not a complete response to MAG assertion, the historical value of the building was assessed by experts who advised that adequate recognition of any cultural and historical significance of the site would be achieved by such things as history and photo board displays. That said, subject to completing the MCU process the Tavern building can be returned to service as a premises for a not for profit club at a capital cost of between $1,369,000 and $1,503,000. MAG has consistently claimed that it can raise the required funds to undertake the works but has not supplied confirmation of any funds raised to date. The group’s financial capacity to deliver its proposal for Tipplers has not been adequately demonstrated. Annual operating costs are in the order of $2,200,000 to $2,300,000 however there has not been sufficient time to fully review the forecast operating revenue put forward by MAG. MAG’s broader proposal includes the use of the Tradewinds building as a function and event centre, which would require renovation works not dissimilar to what is proposed in the Tipplers Hub Concept Plan. That is, irrespective of what occurs at the tavern building, the proposals works at Tradewinds will be required. 5.4.4 Implication of Proceeding with MAG Proposal Should Council decide that MAG’s proposal has sufficient merit to retain the Tavern building via permitting its redevelopment by a private group then it will need to determine what process it should adopt to allocate the management arrangements for Tipplers Hub to an entity. For example Council can: invite all proponents via a competitive selection process invite not-for-profit entities via a competitive selection process and exercise its

discretionary powers to allocate benefits (i.e. operating rights and/or financial assistance) directly to the successful entity

exercise its discretionary powers to allocate benefits (i.e. operating rights and/or financial assistance) directly to a nominated entity

A competitive selection process would normally be proposed as this meets the principles of the Local Government Act 2009. However, effect can be given to Council’s resolution giving preference to a not-for-profit organisation (NFP) to restore and redevelop the Tavern building by only inviting not-for-profit entities to participate in the process. Consistent with established practice for granting interest to clubs a 15 year trustee lease can be offered for the lots forming the former Tipplers Resort. Additionally a three year contract with two one year options could be offered for the provision of all other services. Due to the probable considerable reduction in competition

617th Council Meeting 72 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) resulting from restricting the process to NFPs it is proposed that Council would use historical data to specify the remuneration for the provision of services pursuant to the contract. As the restricted target audience of the only NFPs approach would not be open competition, it would be necessary, in addition to any exercise of beneficial enterprise powers in relation to any component of help that is intended to be bestowed on any NFP and that can not be processed under the Community Grants Policy, to have Council resolve to prepare and adopt a tender consideration plan. A quote or tender consideration plan is a document stating: a the objectives of the plan b how the objectives are to be achieved c how the achievement of the objectives will be measured d any alternative ways of achieving the objectives, and why the alternative ways were

not adopted e the proposed terms of the contract for the goods or services f a risk analysis of the market from which the goods or services are to be obtained To comply, Council will need to observe the various limitations of the Act. Limitations include that funds for the beneficial enterprise are either approved as capital expenditure or that Council obtains State Government approval for any use of operational funds. In addition, the BEP requires that Council does not assume the role of unlimited guarantor or guarantor of borrowings. 5.5 Issues Assessment for Way Forward On Stage 1 Of The Tipplers Hub Concept Plan Three main issues require attention by Council at this time. They are: 1 Establishment of the Tradewinds Licensed Restaurant 2 Request by MAG for an additional 30 days to complete a business plan and secure

funding 3 The future of the Tavern building ISSUE 1 – Establish the Tradewinds Licensed Restaurant Council resolved to endorse the THCP and proceed with Stage 1 (including the licensed restaurant) in December 2010. The Tradewinds Restaurant proposal is consistent with the plan’s proposed family friendly small scale facility. Capital funding had been allocated for the implementation of Stage 1 in 2010-11 with additional funds subsequently allocated for 2011-12. MAG have made a call on the funding of $300,000 proposed to renovate the restaurant as a means of funding its proposed large scale licensed club. Such a large scale development was not envisaged in the THCP. The allocation of funds of $300,000 to a large licensed club providing food and beverage service in the manner of a large tavern and competing with other established businesses on the island, must be justified by the proponent.

617th Council Meeting 73 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Establishment of the restaurant requires a relatively modest capital investment of $500,000 (presuming significant outdoor/pergola works are undertaken). The facility is to be a low intensity family friendly community service as envisaged by the Tipplers Hub Concept Plan and as often seen when such facilities are located in parks. Key information on the restaurant is as follows. Opening Date If Council resolves to proceed with the Tradewinds Restaurant and subject to approval of the MCU application, it is likely to be able to commence trading in the first half of 2012. Budget Council staff anticipate that the operation of the Tradewinds Restaurant will be at no additional net cost to Council beyond its approved budget allocations as detailed at Attachment B. The initial operating scenario for the Hub and including the Tradewinds Restaurant envisaged the allocation of management rights following a public tender process. This shorter term arrangement would then allow planning for stages 2 and 3 to proceed and the operating model for the longer term to be revisited (including an assessment of contract management or lease options). Patronage and demand for the restaurant is difficult to predict at this point and a conservative approach had been adopted. The public tender process would set the price according to an operator's expectations of profitability. Financial modelling (see Attachment C) for the Tradewinds restaurant suggests it could make a small net profit based on the industry benchmark figures published by the Queensland Government, however a more conservative view (i.e. cost-neutral) is considered more appropriate. Risk The Tradewinds Restaurant proposal is considered to be fully funded however this is subject to the outcome of the procurement process for an operator. Once trading has commenced the primary risk is that the operator may fail to meet projected revenue targets and either terminate operations or require additional assistance from Council. Service Standards/Specifications Consideration will need to be given to the degree to which Council will specify trading parameters in the operation of the facility. For example, responsible service of alcohol issues shall be a major consideration for Council and it should specify those hours during which alcohol will not be available. In addition, opening hours are known to vary greatly on South Stradbroke Island (SSI) from facility to facility and depending upon the weather, even vary day to day. One major remaining SSI facility is believed to be now only operating on weekends and this may also be an optimal position for any Tradewinds operator to adopt. Council may well pay a significant premium if it seeks to impose considerable defined operating hours. It is therefore proposed that only minimal opening hours and menu standards etc be specified by Council whilst allowing flexibility to go beyond the set standards and to pursue profits. Detailed tender documents would need to be prepared however the following core requirements are recommended.

617th Council Meeting 74 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED)

Tradewinds Restaurant Indicative Specification

Service Requirement

Opening Hours Minimum 10am to 3pm on weekends and public holidays.

Menu During specified hours minimum of bistro style 4 hot dishes

Alcoholic Drinks No take away liquor sales No liquor sales before 10am or after 10pm

Environmental Undertake solid waste recycling and reduction as available

Capacity The facility’s patron number capacity will initially be constrained due to the use of the existing Aqua Nova waste water treatment system. The system can treat 4000 litres of waste water per day. Pursuant to the relevant Australian Standard, the restaurant will potentially be able to accommodate the following maximum daily patron numbers: an unspecified number of breakfast guests (breakfast is not regulated by the standard) 150 lunch guests 46 dinner guests Once the restaurant is serviced by the proposed new waste water treatment facility it will be able to cater for more than 660 guests per day. Transport and Accommodation Options for staff accommodation at Tipplers are quite limited. The kiosk building has a two bedroom manager’s flat that is occupied and therefore not generally available for restaurant staff accommodation. Should Council proceed with Tradewinds then additional temporary accommodation can be provided at the Tipplers Campground as on-site caravans. The caravans could be used for temporary staff accommodation until such time as a number of the Tipplers cabins are recommissioned as staff accommodation. The storage and transport of perishable foods for the Tradewinds Restaurant will be problematic and greatly aided if the operator of the facility has access to a mainland based depot and water transport. However, Officers are developing a proposal for a mainland base at Jacobs Well Tourist Park as a fall back position. If this base is required a number of trailer mounted cold/freezer rooms will be required to be purchased. ISSUE 2 – MAG’s Request for an additional 30 days to complete a business plan and secure funding. The group recently asked for an additional 14 to 30 days to allow for the completion of the group’s submission. The additional time, if granted, would extend the time of the “final opportunity” for submission of the requested information as per the CEO’s email. This extra time will bring to six months (since Council first resolved in mid May 2011) the time allowed for MAG to develop its proposal.

617th Council Meeting 75 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) If at the end of 30 days Council receives evidence that sufficient CAPEX funding has been secured and is satisfied that the business plan demonstrates good prospects for a successful venture, then further consideration can be given to going to a tender process for the establishment of a tavern like operation and other facilities at the island by a private operator, who would assume full commercial risk of such an operation. ISSUE 3 – Future of the Tavern Building Retention of the Tavern Building In the event that Council resolves to proceed with MAG’s proposal the following points will need consideration: an appropriate process under the Local Government Act 2009 will be required appropriate risk transfer will require the group to take responsibility for a range of

regulatory issues, including DDA compliance It is not appropriate for the allocation of public monies to the development of a tavern

like facility or for Council to act as guarantor Alternative Use of the Tavern Site Should Council decide that there is insufficient merit in the group’s proposal then the future of the building needs to be determined. The Tipplers Hub Concept Plan proposes an Eco-tourism and Education Centre on the site occupied by the Tavern. A significant body of work to partner with other government, educational and private sector entities in developing the concept, funding and operating model for the tourism/education facility is proposed over the coming years. Detailed design requirements and costing of such a facility have not been undertaken however estimates of Council funding for the facility have been previously presented on an indicative basis only as $425,000 in 2015-16 and $500,000 in 2016-17. Council is arguably four to five years away from contributing to the funding of the redevelopment of the Tavern into a tourism/education facility. Further, there is no basis on which to consider that the building would be suitable for such a facility and expenditure of at least $1,000,000 to restore the building’s structural integrity and for it to comply with contemporary standards (i.e. DDA compliance) will still result in an old, substandard piece of infrastructure. Additionally, defects requiring expensive rectification are also often discovered once a major renovation starts and these would add to the costs. The alternative is to proceed with demolition. The case for demolishing the building is summarised as follows: the building is in poor condition and will further deteriorate without regular maintenance structural deficiencies such as faulty roof construction are accelerating the building’s

rate of deterioration the building does not comply with contemporary building standards the building has not been assessed as fit for any other purpose minor expenditure on the building will not render it fit for any other purpose

617th Council Meeting 76 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) renovation cost estimates could be exceeded due to unknown defects discovered

during renovation demolition will allow for the immediate creation of additional day use space construction of a facility that is designed and built for purpose delivers a new facility

without the risks associated with a renovation. 5.6 Planning and Approvals Tipplers Hub Preliminary Approval MCU Application Work is continuing on the preparation of a broad MCU application that facilitates a mix of options and land uses including MAG’s ideas and the Tipplers Hub Concept Plan.

Preparation of the application has been refocused over recent months to a broader more flexible concept where the hub as per Council’s current approval can be implemented but also allowing other uses in the various areas and buildings. As an example, if approved this would allow Council to designate the Tradewinds building as a club house and the Tavern building as an education facility or vice versa.

The preliminary approval sought by the MCU application is (in part), that use of the existing buildings be self assessable. If self assessable status is granted, Council should satisfy itself that appropriate uses and standards are being met by any party assigned an interest in the land (such as a not-for-profit organisation) and could do this via lease conditions. Should the use of existing buildings be determined as a result of the MCU Preliminary Approval process to be code or impact assessable, an additional four to twelve month town planning process is probable. In this situation, Council would need to consider who would be responsible for obtaining the required approvals (i.e. Council or an operator).

Preparation of the Tipplers Hub Preliminary Approval MCU application is the subject of intensive efforts by Council staff and consultants. Draft reports in support of the application are nearing completion and will soon be provided to DERM officers. Council staff are in daily contact with the relevant DERM assessing officers and their supervisors. The parties are doing their utmost to ensure that all issues are being identified and addressed so that potential for delay in the later stages of the process is minimised. Despite these efforts, finalisation of the Tipplers Hub Preliminary Approval MCU process will require the resolution of many issues to the satisfaction of the State government and at best may deliver an approval in June 2012. The possibility of objections/appeals is considered to be quite real for this application and may also significantly extend stated timeframes.

617th Council Meeting 77 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) There have been general comments made that the State government could ‘call in’ the town planning application and deliver an approval within a month. The Minister for Local Government is authorised to determine that a development is a matter of State Interest and has the capability to intervene in the application process. The Minister then becomes the decision maker and as such, there are no public consultation or appeal provisions. In order to make a competent decision the Minister must be satisfied that an application complies with the Sustainable Planning Act 2009 and subordinate town planning instruments that apply to the Gold Coast City Council. Therefore, the various assessment requirements and technical reports still need to be completed. The Manager Implementation and Assessment Branch is of the opinion that the likelihood of the Minister intervening in the Tipplers Hub development based on a State Interest is quite limited. Queensland Government Interests All lands forming the Tipplers Hub are owned by the State Government, with Council holding various forms of tenure. The State Government is therefore a party to the MCU application process both as a land owner and as a regulator. Development requires the State’s consent as a land owner in the form of a resource entitlement.

Discussions with DERM officers with respect to requirements for the granting of a resource entitlement for the Tipplers Hub Preliminary Approval MCU application are continuing. If tenure and cabin issues can be resolved then an entitlement may be received in time to allow submission of the MCU in November. Land Tenure Proposed uses and management models must align with appropriate land tenure types in order for DERM to grant resource entitlements. Initially, it needs to be noted that Council’s purchase of the Tipplers Resort site entailed a purchase of the prior operators leasehold interests (both Perpetual Lease and Term Lease areas issued for business purposes and attracting the payment of annual rental) which comprises a land area of about 2.8 hectares in total. The former resort cabins, Tavern building, Tradewinds building and kiosk facilities are wholly located on these leasehold sites. The area complements Council’s pre-existing trusteeship responsibilities for reserve areas to the south of the leasehold sites which comprise the existing camping ground and occupies an area of about 13.8 hectares (some of which is currently undeveloped and therefore not in physical use by campers). Advice from DERM officers is that business activities can only be undertaken on the resort site - the Perpetual/Term Lease sites. These leases attract an annual lease payment of $120,000 per annum. The implication of maintaining the business lease however is that the tenure type for the site proposed for the establishment of services/infrastructure compound to service the Tipplers Hub would also be required to change from reserve to a business lease and such would attract an additional annual lease payment possibly in the realm of $120,000+ per annum (the services compound would be located on an area of about 4.5 hectares). It would also take 12 months to convert the land from reserve to business lease and would delay lodgement of the Tipplers Hub MCU application by the same period. Permissible management arrangements for activities on trustee lands include management by not-for-profit organisations and Council’s tourist parks management model.

617th Council Meeting 78 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) DERM officers advise that leasing of any reserve site to a business entity is not permissible under a trustee lease. Uses such as a licensed club, function facility and education facility are permissible on trustee land. However for trustee lands a significant portion of clubhouse floor space (typically 50 per cent) is required to be allocated to the activities of the club which are not related to liquor licensed operations. Uses such as a tavern or a tourist resort are not permissible on trustee land. There are presently 40 cabins behind the Tavern building and in DERM’s view their current locality and centralised format constitute a tourist resort. In order to allow a trustee tenure some cabins could remain in their current location as staff quarters and ancillary use buildings however on current advice the bulk of the remainder (say 30) would be required to be dispersed to the south of the hub or to be dedicated to education accommodation. Dependent upon the mix of management models and uses at Tipplers Hub, if the final use of the Tipplers Resort site is deemed as a business/commercial operation by DERM then annual commercial lease payments in the vicinity of $250,000 to $400,000 per annum shall be required. The group has previously advised that it intends to operate pursuant to a club licence. The group is however believed to be in favour of maintaining the leases on the basis that they provide flexibility of use and that the State Government could refund the lease fees. Informal discussions with DERM officers suggest that a negotiated surrender of the commercial leases can be achieved whereby Council would be assured of receiving DERM approval for various agreed uses and that further uses may be approved pursuant to a DERM approved Land Management Plan. It should be noted that the commercial leases do have value as saleable assets potentially to the value of $7,500,000 and that Council will not be able to sell the asset should the commercial leases be surrendered. This matter shall be the subject of a further report to Council once the MAG proposal has been determined. Environmental Protection Draft reports supporting the Tipplers Hub MCU application have been prepared for waste water management, ground water management, water supply and flora and fauna Issues. Waste water management and its impact on flora, fauna and ground water is the primary limiting factor to the carrying capacity for the Tipplers Hub. Waste water management modelling has been impacted by the prospect of a renovated Tavern building used as a licensed club premises. Should this use occur the area of land required for the release of treated waste water back to the environment via controlled waste water absorption/transpiration is estimated at 4.5HA.

617th Council Meeting 79 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Whilst land to meet this need has been identified, the area approved by DERM for the release of treated waste water could due to environmental considerations, be somewhat less. It is therefore possible that in order to meet the increased visitor numbers arising from use of the Tavern building as a club, that it may be necessary to forgo other highly desirable uses such as education and day use areas. Discussions with DERM officers are continuing, although it will be some months before the carrying capacity of the hub, which is limited by its waste water treatment and disposal capability, is fully determined. Council staff are hopeful however that waste water treatment and disposal requirements can be met for the full range of uses. The other environmental protection issue that will impact upon the viability of renovating the Tavern building is the new Coastal Management Plan. The plan provides that various designated South Stradbroke Island waterfront developments shall in future be transportable buildings so that the policy which can be summarised as “do not defend the foreshore against erosion and instead retreat to the back of the property” can be implemented. Discussions with DERM officers around the requirements of the new plan are continuing and a foreshore management plan is to be developed. The Tavern building is close to the foreshore and DERM will need to be satisfied that compliance can be achieved before any decision to renovate the building is made. Cultural Heritage and Native Title Considerations As part of the resource entitlement process for the Tipplers Hub MCU proposal, cultural heritage and native title issues need to be considered, in partnership with the Gold Coast Native Title Group, who have a registered native title claim over the relevant area. Finalisation of these issues could take 12 months or longer particularly If a commercial lease is required for the services precinct. This process will not delay the delivery of the Tradewinds Restaurant as no new construction is required and all its supporting services infrastructure is located on land for which native title has been extinguished. 5.7 Procurement Issues Management of the Tipplers Hub and SSI campgrounds and delivery of the islands waste collection and gas services are presently bundled and outsourced via a one year contract expiring 31 May 2012. The contract allows for two additional six month extension options at Council’s discretion. It is proposed to continue the practice of bundling the delivery of services to the Tipplers Hub when the Tradewinds Restaurant and/or the Tavern building are open for business as this will provide operational efficiencies and therefore cost reductions to Council. 5.8 Waste Water Service to Tipplers Precinct Council resolved in August 2010 to progress the proposed waste water treatment plant “to cater for the anticipated use of visitors to the Tipplers Hub and possible expansion in the future’. This resolution is being given effect through consideration of modular waste water treatment plants (that can be either added to or duplicated) as the solution for Tipplers Hub.

617th Council Meeting 80 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) Should Council one day resolve to provide waste water services to other commercial leases at Tipplers then the water treatment plant will need to be located on either freehold or commercial lease land. The identified saving of between $250,000 and $400,000 per annum in commercial lease fees would be halved if Council ever proceeded to provide waste water services to the other commercial leases. It should be noted that DERM generally have a preference that the lands for this use be purchased. As an indication only, Council could expect to pay between $4,000,000 and $6,000,000 for an adequate allotment. 5.9 Other Matters – Accommodation and Education Services A more detailed report on planning for Stages 2 and 3 will be presented to Council in April 2012 as a means of informing the 2012-13 budget preparation process. 6 ALIGNMENT TO BOLD FUTURE VISION, CORPORATE PLAN, OPERATIONAL

PLAN Key Focus Area 2 – A city loved for its green, gold and blue 2.1 Parks and open green spaces are safe, connected and accessible for all members of

the community 2.2 Biodiversity is protected 2.4 The city’s coastline, beaches and oceans are protected to sustain their amenity and

biodiversity Key Focus Area 4 – A safe city, where everyone belongs 4.1 Our active and healthy community embraces recreation, leisure and social interaction 7 FUNDING AND RESOURCING REQUIREMENTS Council’s Tipplers operating budget allocation for 2011-12 is currently divided between the Tipplers Campground, Sustainable Tourism Area and Administration. These accounts and expenditure estimates and the current Four Year Capital Works Program, are detailed at Attachment A. (It should be noted that separating Tipplers costs out from other Cost Centre 425 – Stradbroke Island costs is a work in progress and that some estimates will require revision). Based on current calculations, the Tipplers 2011-12 operational cost is $835,050 however this is offset by campground fees and kiosk sales of $150,000. Therefore the net cost to Council is $685,050. 8 RISK MANAGEMENT See assessment of risks at Table 1. 9 STATUTORY MATTERS Refer to discussion section.

617th Council Meeting 81 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) 10 COUNCIL POLICIES Not Applicable. 11 DELEGATIONS Not Applicable. 12 COORDINATION & CONSULTATION The following stakeholders have provided information or been consulted during the development of this report. Name and/or Title of the Stakeholder Consulted

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

Exec Coordinator Legal City Governance Yes Manager property Services

Organisational Services Yes

Exec Coordinator Planning & Assessment

PE&T Advice provided

Senior Project Manager Engineering Services Advice provided Various representatives Marine Action Group Consulted Professional officers Department of Environment and

Resource Management Consulted

Professional officers Humphrey Reynolds Perkins Advice provided Professional officers Precise Environmental Pty Ltd Advice provided 13 STAKEHOLDER IMPACTS It is considered that the Council and its administration have been very accommodating of requests by the MAG to not proceed with demolition of the Tavern structure. This report is further evidence of this, however from a broader community perspective, it is necessary for Council to move forward in a timely manner. 14 TIMING

Planning and licensing approvals remain on the critical path for delivery of food and beverage services to Tipplers. Pending a successful approvals process the Tradewinds building can be operating as a licensed restaurant by approximately April 2012 if an immediate decision to proceed is made or by June 2012 if the decision is delayed to the meeting of the 28 November 2011. Given the additional approvals required for the Tavern building it is anticipated that this would be able to be opened early in 2013. This is presented schematically below.

617th Council Meeting 82 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED)

Indicative Timeline for Delivery of Food and Beverage Services

Planning and Other Approvals for Tipplers Hub Master Plan

2011 2012 2013

Tradewinds MCU

Tradewinds upgrade

T’winds liquor licence

Café / restaurant facilities open to public

MAG proposal received

Planning, tender process, procurement and construction work on tavern building if a tavern is the selected option

Further Council consideration of MAG proposal

Possible opening of tavern to public use

Wastewater Treatment Facility Procurement and Delivery

Extension of time for MAG to continue to secure funding sources

The requirement to have satisfied cultural heritage and native title matters before DERM can grant a resource entitlement may delay lodgement of the MCU for the entire Tipplers Hub. This process may produce a result in the second quarter of 2012 however it could be much later. In addition, any development (land use) designated as code assessable will require at least an additional four month planning approval process before a building approval can be granted. Should Council resolve to keep the commercial lease for the Tipplers Resort site then the establishment of a commercial lease for the services precinct would delay lodgement of the MCU by 12 months. The deliverability of additional water, waste water and electricity required to service a renovated tavern building will also be better understood in the coming months but will ultimately be decided by the conditions imposed by regulators. 15 CONCLUSION Following Council’s decision of May 2011 a range of improvements have been made to the Tipplers Hub area that provide amenity and services to visitors. Work is continuing on the approval process for the remainder of Stage 1 works, as presented to the community and approved by Council, including a licensed venue for the consumption of food and drink. This venue is identified as Tradewinds in the concept plan and provision of this infrastructure will require the expenditure of the $300,000 allocated to this item in Council’s budget.

617th Council Meeting 83 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) However, these monies have also been requested by the MAG in its proposal for the redevelopment of the Tavern and other facilities. Council has limited funds available to implement Stage 1 of the Tipplers Hub Concept Plan and no funds were allocated to redevelop the tavern building. The latest information from the MAG was received at the end of September, following two discussions and an extension of time. A review of the document reveals that it does not provide satisfactory assurance to enable Council to competently allocate public assets and/or funding to the proposed venture. In particular, no guarantees were provided that the group had access to the required funds to renovate the tavern building. The Tradewinds Restaurant MCU application has been lodged and procurement planning has commenced. There are good prospects for opening the facility in the first half of 2012 should Council endorse this work. Proceeding now is a relatively low risk total capital investment that will provide a low key, low intensity, family friendly community service as envisaged by the Tipplers Hub Concept Plan. It should be noted that the works proposed at Tradewinds (kitchen facilities, shade structure etc) are consistent with both Council’s Concept Plan and MAG’s potential proposal for a function centre and is therefore unlikely to become a stranded asset in the future. 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 The Material Change of Use assessment process continue for the Tradewinds

Restaurant and subject to the required approvals being granted all appropriate and permissible works be undertaken to enable opening of the facility at the earliest opportunity.

2 That the Marine Action Group be granted an additional and final extension of time until

the 9 November 2011 to submit a satisfactory proposal containing, as a minimum, the following information:

a Documentation demonstrating that the estimated capital funds to a minimum amount of $1.1 million have been secured (e.g. letters from State Federal government agencies, or letters of funding commitment and accompanying bank guarantees from non government entities or individuals), noting that Council will not contribute any capital funding

b Detailed business plan as previously outlined, and ideally further addressing such matters as the following:

i. demand analysis and strategies supporting forecast food and beverage, cabins and special events income

ii. availability of working capital

iii. allocation of forecast surpluses

iv. strategies to address identified risks

v. assessment of human and technical resources required to establish and operate the proposed facility

617th Council Meeting 84 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED)

3 In the absence of satisfactory information relating to 2 above, Council proceed to demolish the Tipplers Tavern building having regard to, inter alia, the following:

a The current Tavern building is not necessarily suitable for a future education/community facility and estimated expenditure of at least $1 million would be required to restore the building’s structural integrity and for it to comply with contemporary standards (i.e. DDA compliance).

b The building is in poor condition and will further deteriorate without regular maintenance

c Demolition will allow for the immediate creation of additional day use space in the short term

d A more cost effective and appropriate option would be to, in due course, establish a new, designed for purpose structure for education/tourism/community purposes, in accordance with the adopted Tipplers Hub Concept Plan

4 In the event that satisfactory information is submitted by the Marine Action Group in accordance with 2 above, the CEO submit a report to the Council meeting of 21 November 2011 outlining a proposed course of action.

Author: Authorised by:

John Kearney Dale Dickson Principal Projects Officer Chief Executive Officer 7 October 2011

TRACKS REF: #32503655

Cr Grummitt declared a material personal interest (as per section 173 of the Local Government Act 2009) on this matter due to her husband undertaking the material change of use application on behalf of Council, and left the meeting room, taking no part in the debate or discussion of the meeting. Cr Grummitt left the room.

617th Council Meeting 85 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) MOTION Moved Cr Clarke Seconded Cr Robbins 1 That the Material Change of Use assessment process continue for the Tradewinds

Restaurant and subject to the required approvals being granted all appropriate and permissible works be undertaken to enable opening of the facility at the earliest opportunity.

2 That the Marine Action Group be granted an additional and final extension of time until

the 9 November 2011 to submit a satisfactory proposal containing, as a minimum, the following information:

a Documentation demonstrating that the estimated capital funds to a minimum

amount of $1.1 million have been secured (e.g. letters from State Federal government agencies, or letters of funding commitment and accompanying bank guarantees from non government entities or individuals), noting that Council will not contribute any capital funding nor would Council underwrite any operating costs in future trading.

b Detailed business plan as previously outlined, and ideally further addressing such matters as the following:

i. demand analysis and strategies supporting forecast food and beverage, cabins and special events income

ii. availability of working capital

iii. allocation of forecast surpluses

iv. strategies to address identified risks

v. assessment of human and technical resources required to establish and operate the proposed facility

3 In the absence of satisfactory information relating to 2 above, Council proceed to demolish the Tipplers Tavern building having regard to, inter alia, the following:

a The current Tavern building is not necessarily suitable for a future education/community facility and estimated expenditure of at least $1 million would be required to restore the building’s structural integrity and for it to comply with contemporary standards (i.e. DDA compliance).

b The building is in poor condition and will further deteriorate without regular maintenance

c Demolition will allow for the immediate creation of additional day use space in the short term

d A more cost effective and appropriate option would be to, in due course, establish a new, designed for purpose structure for education/tourism/community purposes, in accordance with the adopted Tipplers Hub Concept Plan

4 In the event that satisfactory information is submitted by the Marine Action Group in accordance with 2 above, the CEO submit a report to the Council meeting of 21 November 2011 outlining a proposed course of action.

617th Council Meeting 86 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) AMENDMENT Moved Cr Sarroff Seconded Cr Crichlow 1 That the Material Change of Use assessment process be put on hold for the Tradewinds Restaurant at this time. 2 That the Marine Action Group be granted additional time to submit a satisfactory proposal by 31 March 2012, containing the following information:

a Documentation demonstrating that the estimated capital funds to a minimum amount of $1.1 million have been secured (e.g. letters from State Federal government agencies, or letters of funding commitment and accompanying bank guarantees from non government entities or individuals), noting that Council will not contribute any capital funding nor would Council underwrite any operating costs in future trading.

b Detailed business plan as previously outlined, and ideally further addressing such matters as the following:

i. demand analysis and strategies supporting forecast food and beverage, cabins and special events income

ii. availability of working capital

iii. allocation of forecast surpluses

iv. strategies to address identified risks

v. assessment of human and technical resources required to establish and operate the proposed facility

3 In the event that satisfactory information is submitted by the Marine Action Group in accordance with 2 above, the CEO submit a report to the Council outlining a proposed course of action. A division was called. For 3 Cr Crichlow, Cr La Castra, Cr Sarroff Against 11 Cr Gates, Cr Wayne, Cr Pforr, Cr Young, Cr Douglas, Cr Shepherd,

Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke Abstained 0 Absent 1 Cr Grummitt The AMENDMENT was LOST.

617th Council Meeting 87 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED) AMENDMENT Moved Cr Douglas Seconded Cr Pforr That the Motion be adopted with the following changes: 1 Part 2 to reflect that the date be extended from 9 November 2011 to

21 November 2011. 2 Part 4 date to be changed from 21 November 2011 to 5 December 2011. A division was called. For 9 Cr Wayne, Cr Pforr, Cr Young, Cr Douglas, Cr Shepherd, Cr Grew,

Cr McDonald, Cr Robbins, Cr Clarke Against 5 Cr Gates, Cr Crichlow, Cr La Castra, Cr Sarroff, Cr Betts Abstained 0 Absent 1 Cr Grummitt

CARRIED

The AMENDMENT became the MOTION

AMENDMENT Moved Cr Young Seconded Cr Crichlow That the Motion be adopted with the deletion of Part 3. A division was called. For 6 Cr Gates, Cr Young, Cr Crichlow, Cr La Castra, Cr Sarroff, Cr Betts Against 8 Cr Wayne, Cr Pforr, Cr Douglas, Cr Shepherd, Cr Robbins, Cr Clarke,

Cr McDonald, Cr Grew Abstained 0 Absent 1 Cr Grummitt

The AMENDMENT was LOST. The MOTION became the RESOLUTION RESOLUTION G11.1010.028

1 That the Material Change of Use assessment process continue for the

Tradewinds Restaurant and subject to the required approvals being granted all appropriate and permissible works be undertaken to enable opening of the facility at the earliest opportunity.

2 That the Marine Action Group be granted an additional and final extension of

time until the 21 November 2011 to submit a satisfactory proposal containing, as a minimum, the following information:

617th Council Meeting 88 10 October 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.7 TIPPLERS HUB PROGRESS REPORT PN184107/46/01/11(P1) (CONTINUED)

a Documentation demonstrating that the estimated capital funds to a minimum amount of $1.1 million have been secured (e.g. letters from State Federal government agencies, or letters of funding commitment and accompanying bank guarantees from non government entities or individuals), noting that Council will not contribute any capital funding nor would Council underwrite any operating costs in future trading.

b Detailed business plan as previously outlined, and ideally further addressing such matters as the following:

i. demand analysis and strategies supporting forecast food and beverage, cabins and special events income

ii. availability of working capital

iii. allocation of forecast surpluses

iv. strategies to address identified risks

v. assessment of human and technical resources required to establish and operate the proposed facility

3 In the absence of satisfactory information relating to 2 above, Council proceed to demolish the Tipplers Tavern building having regard to, inter alia, the following:

a The current Tavern building is not necessarily suitable for a future education/community facility and estimated expenditure of at least $1 million would be required to restore the building’s structural integrity and for it to comply with contemporary standards (i.e. DDA compliance).

b The building is in poor condition and will further deteriorate without regular maintenance

c Demolition will allow for the immediate creation of additional day use space in the short term

d A more cost effective and appropriate option would be to, in due course, establish a new, designed for purpose structure for education/tourism/community purposes, in accordance with the adopted Tipplers Hub Concept Plan

4 In the event that satisfactory information is submitted by the Marine Action Group in accordance with 2 above, the CEO submit a report to the Council meeting of 5 December 2011 outlining a proposed course of action.

A division was called. For 10 Cr Wayne, Cr Pforr, Cr Young, Cr Douglas, Cr Shepherd, Cr Grew,

Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke Against 4 Cr Gates, Cr Crichlow, Cr La Castra, Cr Sarroff Abstained 0 Absent 1 Cr Grummitt

CARRIED

617th Council Meeting 89 10 October 2011 Adopted Minutes

617th Council Meeting 90 10 October 2011 Adopted Minutes ATTACHMENT A - APPROVED TIPPLER HUB CONCEPT PLAN

617th Council Meeting 91 10 October 2011 Adopted Minutes ATTACHMENT B - EXTRACT OF TIPPLERS HUB BUSINESS PLAN

2011/12 Operating Budget (After Proposed Review) Account Description Revenue Expenses Net Expense

425.4602 Sustainable tourism 60,000 1 504,250 444,250 425.4601 Tipplers Campground 90,000 200,800 110,800 425.4000 Administration (lease, licence fees,

etc) 130,000 130,000

Total $150,000 $835,050 $685,050 1 $54,000 of this revenue from Kiosk sales is refunded/expensed The Sustainable Tourism expenses for 2011-12 are estimated as follows: 2011/12 Projected Expenses – Tipplers Sustainable Tourism (425.4602)

Activity $ Kiosk operator 90,000 Kiosk sales refund 54,000 Energy/Fuel 50,000 Security 40,000 Transport 10,000 External Plant hire – fuel tanker 6,000 External Plant hire - generator 46,000 Pest Control 5,000 Refuse management 5,000 Maintenance/Repairs – Tradewinds building 8,000 Maintenance/Repairs- Kiosk 1,000 Maintenance/Repairs - other 3,000 STP Operations and maintenance 20,000 Potable water 20,000 Tradewinds establishment & operational 132,000 Other 14,250 Total $504,250

The Tipplers campground expenses for 2011-12 are estimated as follows:

2011/12 Projected Expenses Tipplers Campground (425.4601) Activity $ Caretaker 71,600 Fuel 30,000 Building maintenance 50,000 Plant and Equipment 25,000 General Operations 24,200 Total $200,800

617th Council Meeting 92 10 October 2011 Adopted Minutes Council’s adopted Tipplers Hub 4 Year Capital Works Program with expected 2010/11 reprovisions included in the 2011-12 allocations follows: Tipplers 4 Year Capital Program

Project No

Project Name 2011-12

Revised

Anticipated Expenditure

2012-13

Proposed

2013-14

Proposed

2014-15

Proposed

JQ26 Mgrs Residence 13,117 0 JQ11 Renovate rec hall

into cafe 295,680 295,680

JQ12 Reno/Relocate Existing Cabins

25,000 25,000 100,000 100,000

JQ13 Upgrade kiosk & open exist Toilet

43,325 43,325

JQ15 Tipplers Hub MCU 229,093 229,093 JQ25 SSI Wastewater

planning 452,443 72,000

JQ174 Utilities Infrastructure

1,660,000 400,000

New Tipplers hub Amenities

0 100,000 200,000

JQ27 Tipplers Campground Upgrade

4,067 4,067

JQ08 Landscaping, Restoration, Minor works

77,033 77,033

JQ09 Improve facilities Day Use area

26,946 26,946

JQ18 Day Use facility Pathway

80,000 80,000 30,000 30,000

CFV6 SSI upgrades (waste)

490,213 490,123

JQ16 Demolition Buildings

56,149 56,149

Totals $3,453,066 $1,799,416 $130,000 $230,000 $200,000 Additional capital funds for Tipplers previously presented to Council as a Draft 10 Year Financial Plan (however not adopted by Council or included in the Corporate Long Term Financial Model) are as follows

617th Council Meeting 93 10 October 2011 Adopted Minutes

TIPPLERS DRAFT 10 YEAR FINANCIAL PLAN 1 - CAPITAL WORKS ONLY

2015-16 2016-17 2017-18 2018-19 2019-20

CPM9 Landscaping, Restoration, Minor Works

20,000 20,000 20,000 20,000 20,000

TBA Eco-tourism & Education Centre

425,000 500,000

TBA Natural Areas Playground

120,000

1 An allowance of 32 per cent (for project management, design and contingencies) was included on top of each project allocation in the Draft 10 Year Financial Plan.

617th Council Meeting 94 10 October 2011 Adopted Minutes ATTACHMENT C – TRADEWINDS FINANCIAL FORECAST

PATRONAGE Per Year Per

Week Per Day

% of campers dining one meal per day 50%

No camper sittings 9636 185 26

% campers to day trippers dining 50%

No of day tripper sittings 9636 185 26

Total sittings 19272 371 53

Days Total

Sittings Spend $

Gross Takings

$

Trading 365 19,272 30

578,160

Financial Forecast $

Gross Takings Food and Beverage

578,160

Less cost of goods sold (goods and labour) 37.08%

214,382

Gross Profit 62.92%

363,778

Less admin and overheads expenses* 53.90%

311,628

Net Profit 9.02% $ 52,150

*Allows for rental to Council 5.02%

29,024

Note: Industry benchmarks sourced from benchmarking.com.au Pty Ltd via www.business.qld.gov.au : Financial forecast based on ‘Most Likely’ Senario Cost of Establishment Upfront Per annum Tables, chairs, crockery, cutlery $100 per seat 150 15,000 1,000 Kitchen/other equipment miscellaneous 15,000 1,000 Point of Sale, IT, etc 5,000 35,000

617th Council Meeting 95 10 October 2011 Adopted Minutes ATTACHMENT D – MAG SUBMISSION

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617th Council Meeting 104 10 October 2011 Adopted Minutes ATTACHMENT E – MAG FINANCIAL FORECAST

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617th Council Meeting 114 10 October 2011 Adopted Minutes ATTACHMENT F – PHOTOGRAPHS (TIPPLERS TODAY)

New Esplanade Pathway

Tradewinds Building And Day Use Area (looking South)

617th Council Meeting 115 10 October 2011 Adopted Minutes

Tradewinds Building And Day Use Area (looking North)

Tipplers Kiosk

617th Council Meeting 116 10 October 2011 Adopted Minutes 14 RESCHEDULING OF CAPITAL WORKS PROJECTS Nil 15 SPECIAL BUDGET COMMITTEE Nil There being no further business, the meeting was declared closed at 5.31pm.

617th Council Meeting 117 10 October 2011 Adopted Minutes

I hereby certify that these pages Numbered 1 to 117 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Monday 10 October 2011.

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