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                         MINUTES


              Ordinary Meeting

          Thursday, 21 September 2023

                                 5:00 PM
             Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson, Brian
Stockwell, Tom Wegener, Frank Wilkie




                      “Noosa Shire – different by nature”
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Page 2

ORDINARY MEETING MINUTES                                               21 SEPTEMBER 2023




1.          ATTENDANCE & APOLOGIES

            COUNCILLORS
            Councillor Clare Stewart (attending via Microsoft Teams)
            Councillor Frank Wilkie (Acting Chair)
            Councillor Karen Finzel
            Councillor Joe Jurisevic
            Councillor Amelia Lorentson
            Councillor Brian Stockwell
            Councillor Tom Wegener


            EXECUTIVE
            Acting Chief Executive Officer, Larry Sengstock
            Director Community Services, Kerri Contini
            Director Corporate Services, Trent Grauf
            Director Strategy and Environment, Kim Rawlings
            Acting Director Infrastructure Services, Shaun Walsh
            Director Development & Regulation, Richard MacGillivray

            APOLOGIES
            Nil

            The meeting was chaired by Deputy Mayor, Cr Frank Wilkie due to the Mayor
            attending via Microsoft Teams.

            Council Resolution
            Moved:           Cr Frank Wilkie
            Seconded:        Cr Amelia Lorentston
            That in accordance with Section 254K of the Local Government Regulation, Cr
            Stewart is approved to attend the Ordinary Meeting dated 21 September 2023 via
            Microsoft Teams.
            Carried unanimously.




2.          CONFIRMATION OF MINUTES




     2.1.      ORDINARY MEETING 17 AUGUST 2023

               Council Resolution
               Moved:            Cr Brian Stockwell
               Seconded:         Cr Karen Finzel
               The Minutes of the Ordinary Meeting held on 17 August 2023 be received and
               confirmed.
               Carried unanimously.

Page 3

ORDINARY MEETING MINUTES                                                    21 SEPTEMBER 2023


3.          MAYORAL MINUTES

            Nil.




4.          PETITIONS



     4.1.          PETITION: RESIDENTIAL PROPERTY ACCESS DUE TO DEVELOPMENT AT
                   201 MARY RIVER ROAD, COOROY (MCU21/0194.01)

                   Refer to Attachment 1 to the Minutes

                   Council Resolution
                   Moved:             Cr Frank Wilkie
                   Seconded:          Cr Joe Jurisevic
                   That the petition with 148 signatories submitted by Joyce Carolyn Brumley,
                   requesting that Council consider the access issues at her property due to the
                   development at 201 Mary River Road, Cooroy (MCU21/0194.01) be received
                   and referred to the Chief Executive Officer to determine appropriate action.
                   Carried unanimously.


     4.2.          PETITION: REQUEST COUNCIL UNDERTAKE MAJOR FIRE HAZARD
                   REDUCTION AND THE REMOVAL OF THE LARGE TREES

                   Refer to Attachment 2 to the Minutes.

                   Council Resolution
                   Moved:            Cr Karen Finzel
                   Seconded:         Cr Amelia Lorentson
                   That the petition with 24 signatories submitted by Howard Sandison, on behalf
                   of the owners and residents of Pines Ave and Morning Glory Ave, Cooroibah,
                   requesting that Council consider undertaking major fire hazard reduction and
                   the removal of large trees on the naturestrip be received and referred to the
                   Chief Executive Officer to determine appropriate action
                   Carried unanimously.


5.          NOTIFIED MOTIONS

            Nil.


6.          PRESENTATIONS

            Nil.


7.          DEPUTATIONS

Page 4

ORDINARY MEETING MINUTES                                                     21 SEPTEMBER 2023




     7.1.      MITCH ROBSON
               TOPIC - KEEP COOLOOLA COOL - COOLOOLA GREAT WALK
               ECOTOURISM PROJECT (CGWEP)




     7.2.      NICK COOKE
               TOPIC - POMONA PLACEMAKING STUDY



8.          CONSIDERATION OF COMMITTEE REPORTS

            Item 6.1 from General Committee Meeting was brought forward.

            The following material was presented to the meeting in relation to this item:
                Cr Stockwell – refer to Attachment 3


            6.1.    NOOSA RIVER CATCHMENT MANAGEMENT PLAN

            In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell
            provided the following declaration to the meeting of a declarable conflict of interest
            in this matter:

            I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this
            matter due to my long standing connection with Noosa District Landcare as one of
            the inaugural members of the unincorporated group dating back to the 1980s and a
            current ordinary member. Noosa District Landcare is identified as being consulted in
            the report. Although I have a declarable conflict of interest, I do not believe a
            reasonable person could have a perception of bias considering the community nature
            of this relationship. I believe I can make an impartial decision in the public interest in
            this matter and l therefore choose to remain in the meeting room. However, I will
            respect the decision of the meeting on whether I can remain and participate in the
            decision.

            Council Resolution
            Moved:             Cr Joe Jurisevic
            Seconded:          Cr Tom Wegener
            That Council note the declarable conflict of interest by Cr Stockwell and determine
            that Cr Stockwell participates and votes on this matter because Council believes that
            a reasonable person would trust that the final decision is made in the public interest.
            Carried unanimously.

            Councillor Stockwell did not vote on the above motion.

            In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell
            provided the following declaration to the meeting of a declarable conflict of interest
            in this matter:

Page 5

ORDINARY MEETING MINUTES                                                  21 SEPTEMBER 2023


          I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this
          matter as I have a long-standing relationship with MRCCC as a previous government
          employee and a longterm collaborator since 1994. I have in the past had a small
          consultant contract below the limit for a Prescribed Conflict and prior to the declarable
          time frame. I was up until the last AGM Council's representative on the committee
          and in this role I played a role in facilitating and developing the group's revised
          catchment strategy. Although I have a declarable conflict of interest, I do not believe
          a reasonable person could have a perception of bias considering the community
          nature of this relationship. I will choose to remain in the meeting room. However, I
          will respect the decision of the meeting on whether I can remain and participate in
          the decision.

          Council Resolution
          Moved:             Cr Joe Jurisevic
          Seconded:          Cr Tom Wegener


          That Council note the declarable conflict of interest by Cr Stockwell and determine
          that Cr Stockwell participates and votes on this matter because Council believes that
          Cr Stockwell does not stand to gain personally or materially through noting this
          report, and therefore a reasonable person would trust the final decision is made in
          the public interest.
          Carried unanimously.

          Councillor Stockwell did not vote on the above motion.

          Motion
          Moved:             Cr Brian Stockwell
          Seconded:          Cr Frank Wilkie
          That Council note the report by the Principal Environment Officer - River Strategy &
          Engagement to the General Committee Meeting dated 18 September 2023 regarding
          the updated Noosa River Catchment Management Plan and;

          A. Adopt the Noosa River Catchment Management Plan for ongoing
             implementation, noting some implementation actions will involve further
             stakeholder engagement and are subject to future budget considerations; and
          B. Authorise the CEO to make minor changes and edits to the plan prior to finalising,
             designing and publishing the plan.
          C. Request the CEO consult with relevant stakeholder groups as part of staff's
             consideration of Action 1.1 relating to a Conservation Park covering Fish Habitat
             Areas.

          For: Crs Wegener, Stockwell and Wilkie
          Against: Crs Lorentson, Jurisevic, Finzel and Stewart
          Lost.

Page 6

ORDINARY MEETING MINUTES                                               21 SEPTEMBER 2023


           Council Resolution
           Moved:           Cr Amelia Lorentson
           Seconded:        Cr Clare Stewart

           That item 6.1 Noosa River Catchment Management Plan be deferred to the next
           round of meetings to allow Councillors and other stakeholders an opportunity to
           consider the details and implications of the draft Noosa River Catchment Plan and
           provide feedback.
           For:      Crs Lorentson, Jurisevic, Finzel and Stewart
           Against: Crs Wegener, Stockwell and Wilkie
           Carried.


           Cr Stockwell and Stewart left the meeting.


    8.1.      AUDIT & RISK COMMITTEE REPORT- 22 AUGUST 2023


              ATTENDANCE & APOLOGIES

              COMMITTEE MEMBERS
              Councillor Clare Stewart
              Councillor Tom Wegener
              Audit & Risk Committee Chair (External) Timothy Cronin
              Audit & Risk Committee Member (External) Ian Rushworth

              NON COMMITTEE MEMBERS/OFFICERS
              Acting Chief Executive Officer Larry Sengstock
              Executive Officer, Internal Audit & Corporate Performance Debra Iezzi (all
              Items except 12 & 13)
              Governance Manager, Diana Stewart
              Financial Services Manager (Acting) Pauline Coles (all Items except 12 & 13)
              Michael Claydon, QAO (all Items except 12 & 13)
              Thomas Cook, KPMG (all Items except 12 & 13)
              Jillian Richards, KMPG (all Items except 12 & 13)
              John Zabala, CROWE (Item 5)
              Jonci Wolff, Governance Advisor (all Items except 12 & 13)
              Director Corporate Services Trent Grauf (Item 9)
              Nathan Davidson, ICT Operations Officer (Item 9)

              APOLOGIES
              Nil


              COMMITTEE RECOMMENDATIONS TO COUNCIL


              5. INTERNAL AUDIT REPORT - PAYROLL
              That Council note the report by the Governance Manager to the Audit & Risk
              Committee Meeting dated 22 August 2023 presenting the internal audit report
              on payroll processes.

Page 7

ORDINARY MEETING MINUTES                                              21 SEPTEMBER 2023


            6. 2023 AUDIT AND RISK COMMITTEE BRIEFING PAPER
            That Council note the report by the KPMG and QAO to the Audit & Risk
            Committee Meeting dated 22 August 2023 providing an update on the External
            Audit.

             7. RISK MANAGEMENT & BCP UPDATE
             That Council note the report by the Governance Manager to the Audit & Risk
             Committee Meeting dated 22 August 2023 providing an update on risk
             management matters.

            8. INTERNAL AUDIT ACTIONS UPDATE
            That Council note the report by the Executive Officer to the Audit and Risk
            Committee meeting dated 22 August 2023 regarding an update on Internal
            Audit Matters.

             9. ICT CYBER RISK UPDATE
             That Council note the report by the Director Corporate Services to the Audit &
             Risk Committee Meeting dated 22 August 2023 noting there has been no cyber
             incidents.

            12. INSURANCE MANAGEMENT
            UPDATE
            That Council note the report by the Governance Manager to the Audit & Risk
            Committee Meeting dated 22 August 2023 providing an update on insurance
            matters.

            13. FRAUD, CORRUPTION & PID
            UPDATE
            That Council note the confidential report by the Governance Manager to the
            Audit & Risk Committee Meeting dated 22 August 2023 providing an annual
            update on fraud, corruption, and PID related matters.

             Council Resolution
             Moved:           Cr Joe Jurisevic
             Seconded:        Cr Amelia Lorentson
             That the report of the Audit & Risk Committee dated 22 August 2023 be
             received and the recommendations therein be adopted except where dealt with
             by separate resolution.
             Carried unanimously.




    8.2.    PLANNING & ENVIRONMENT COMMITTEE REPORT - 12 SEPTEMBER 2023

             ATTENDANCE & APOLOGIES

             COMMITTEE MEMBERS
             Councillor Tom Wegener (Chair)
             Councillor Karen Finzel
             Councillor Brian Stockwell

             NON COMMITTEE MEMBERS
             Councillor Amelia Lorentson

Page 8

ORDINARY MEETING MINUTES                                                 21 SEPTEMBER 2023


             Councillor Frank Wilkie

             EXECUTIVE
             Acting Chief Executive Officer Larry Sengstock
             Director - Strategy and Environment Kim Rawlings (via Microsoft Teams)
             Director Development & Regulation Richard MacGillivray

             APOLOGIES
             Councillor Clare Stewart

            COMMITTEE RECOMMENDATIONS TO COUNCIL


            5.1. FLYING FOX STATEMENT OF MANAGEMENT INTENT
            That Council note the report by the Fauna Management Project Officer to the
            Planning & Environment Committee Meeting dated 12 September 2023
            regarding Noosa Council's Flying-fox Statement of Management Intent (SoMI)
            and:
                A. Approve the Flying Fox Statement of Management Intent (SoMI) for the
                   purpose of implementation,
                B. Note that following endorsement of the SoMI, Environmental Services
                   will undertake a priority review of the Flying-fox Subsidy Program
                   considering community feedback and seek future Council endorsement
                   of any recommended changes to the Flying-fox Subsidy Program as
                   required;
                C. Develop and implement an internal and external communications plan for
                   flying-fox influxes to ensure clear information is provided to relevant
                   stakeholders during these events;
                D. Note that additional resources are required as outlined in this report to
                   fully and effectively deliver the requirements of the SoMI and flying-fox
                   management in the Noosa Shire and that consideration of these be
                   referred to the budget consideration process.

            5.2. RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2
            LOTS) AT 28 SATINAY DRIVE, TEWANTIN

            That Council note the report by the Development Planner to the Planning &
            Environment Committee Meeting dated 12 September 2023 regarding
            Application No. RAL22/0027 for a Development Permit for Reconfiguring a Lot
            – 1 into 2 lots, situated at 28 Satinay Dr Tewantin Qld 4565 and:

             A.     Refuse the application for the following reasons:
                  1. The proposal does not comply with Purpose and Overall Outcomes (1)(a),
                  (b) and (c), (2)(a), (b) and (e)(i), Acceptable Outcome AO7.3 and Performance
                  Outcomes PO4 and PO7, of the Reconfiguring a Lot Code as:
                     a. The development application is for subdivision in an area identified as
                      being not suitable for subdivision.
                     b.     The lot size and subdivision layout in not consistent with the
                      established character and amenity of Noosa Parklands Estate.
                     c. The required building envelope for proposed Lot 2 is not adequate to
                      accommodate a dwelling house and associated structures and services,
                      and therefore is not fit its intended use.

                  2. The proposal does not comply with Purpose and Overall Outcomes (1)
                  and (2)(a), (b) and (e), Acceptable Outcomes AO1, AO7, AO8.3 and

Page 9

ORDINARY MEETING MINUTES                                                 21 SEPTEMBER 2023


                  Performance Outcomes PO1 and PO7 of the Bushfire Hazard Overlay Code
                  as:
                     a. The methodology for determining the building envelopes assumes that
                      Queensland Parks and Wildlife Service and Council will maintain the
                      firebreak between the existing lot and adjoining National Park and Council
                      Reserve. Preservation of the separation from hazardous vegetation should
                      not be dependent on third parties.
                     b. The proposed reconfiguration does not minimise the risk to people and
                      property from bushfire hazard.
                     c.      The proposed layout will unduly burden disaster management
                      services.
                     d. The required building envelope for proposed Lot 2 is not adequate.

             B. Note the report is provided in accordance with Section 63(5) of the
             Planning Act 2016.


            5.3. - 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO
            DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE
            DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18
            HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION &
            ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD,
            COOTHARABA
            That Planning & Environment Committee Agenda Item 5.3 be referred to the
            General Committee due to the significance of the issue.



            5.4. MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE
            SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47
            GOODCHAP STREET, TEWANTIN
            That Council note the report by the Acting Coordinator Planning to the Planning
            & Environment Committee Meeting dated 12 September 2023 regarding
            Application No. MCU22/0131 for a Development Permit for Material Change of
            Use – Health care service & Hospital, situated at 47 Goodchap St Tewantin and:

             A.     Refuse the application for the following reasons:
                  1. The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n) and
                  Section 3.3.3, strategic outcome (a) of the Strategic Framework as:
                    a. The proposal expands health care services further along Goodchap
                    Street beyond the Noosa Hospital site and into a residential area.
                    b. The proposal is located on land zoned for housing, removes a lot that
                    is well suited for residential development and is needed to cater for future
                    housing.

                  2. The proposal is contrary to overall outcomes (o), (p) & (q) of the Tewantin
                  Local Plan Area Code and overall outcomes (h), (n) and acceptable outcome
                  AO16.3 of the Noosaville Local Plan Code as:
                    a.    The proposal expands health services into an area zoned for low
                     density housing and on a large, well located site with significant
                     opportunities to create further housing.
                    b. The land is not committed or planned for community purposes.
                    c. The proposal does not maximise or make more efficient use of the
                     Noosa Hospital site and is not located on land identified for the growth of
                     health and medical services.

Page 10

ORDINARY MEETING MINUTES                                                   21 SEPTEMBER 2023


                3.    The proposal is contrary to overall outcomes (a), (c), (g), (j) and
                performance outcomes PO1, PO2 of the Low Density Residential Zone Code
                as:
                   a. The proposal is not residential being identified as a community activity
                    under the Noosa Plan and is of a scale and design that is incompatible with
                    and will impact adversely on nearby residents’ amenity.
                   b. The proposal offers no integration or internal connection with the Noosa
                    hospital.
                   c. The proposal is not small scale and will service the wider community
                    and not just local residents.

                4. The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f) and
                performance and acceptable outcomes PO1, PO3, AO3, PO5, A)5, PO8 of the
                Community Activities Code as:
                   a. The proposal is not integrated with the hospital or co-located on the
                   Noosa Hospital site.
                   b. The proposal is of a type, scale and intensity that is not consistent with
                   surrounding development and character of the area and zone, includes
                   substantial infrastructure to the site’s frontage and will remove mature
                   native trees that significantly contribute to the streetscape.
                   c. The proposal is likely to have significant adverse impacts on the amenity
                   enjoyed by adjoining and nearby residents with insufficient buffering
                   proposed for residents.

                5. The proposal is contrary to overall outcomes (a), (b) and PO6 of the
                Driveways and Parking Code as insufficient car parking has been provided to
                accommodate the number and type of vehicles likely to be generated by the
                development.

                6. The proposal does not comply with performance and acceptable outcome
                PO6, AO6.1 of the Water Quality and Drainage Code as the site discharges
                into Lake Doonella which is of high ecological value and it has not been
                demonstrated the development will not cause an increase in gross pollutants,
                total suspended solids, total phosphorous or total nitrogen compared to a pre-
                development scenario as required.

                7. There is no Planning need for the site to be developed for the proposed
                community activity given there are other approved medical and health centres
                that are yet to establish and other areas where the use could locate consistent
                with the scheme’s zoning pattern.

                8. The site ought to be retained for housing, with lots of this potential rare in
                Noosa Shire.

             B. Note the report is provided in accordance with Section 63(5) of the Planning
             Act 2016.


             6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
             JULY 2023

             In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel
             provided the following declaration to the meeting of a declarable conflict of
             interest in this matter:
             I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this
             matter as on 5 March 2020, Mr Peter Butt who is an applicant listed in the

Page 11

ORDINARY MEETING MINUTES                                                  21 SEPTEMBER 2023


             delegated report (applicant no.1) donated $1666.66 to my 2020 Election
             Campaign where I was one of three candidates that ran as a group known as
             'Future Noosa' (which is no longer an entity). Although I have a declarable
             conflict of interest, I do not believe a reasonable person could have a perception
             of bias because the decision has already been made under delegated authority
             and the report is for noting only. Therefore, I will choose to remain in the
             meeting room. However, I will respect the decision of the meeting on whether I
             can remain and participate in the decision.
             Council Resolution
             Moved:            Cr Frank Wilkie
             Seconded:         Cr Joe Jurisevic
            That Council note the declarable conflict of interest by Cr Finzel and determine
            that it is in the public interest that Cr Finzel participates and votes on this matter
            because the decision has already been made under delegated authority and the
            report is for noting only.
            Carried unanimously.
            Cr Finzel did not vote on this motion.

             Council Resolution
             Moved:            Cr Amelia Lorentson
             Seconded:         Cr Karen Finzel
             That Council note the report by the Manager, Development Assessment to the
             Planning & Environment Committee Meeting dated 12 September 2023
             regarding planning applications that have been decided by delegated authority.
             Carried unanimously.

             Council Resolution
             Moved:            Cr Joe Jurisevic
             Seconded:         Cr Karen Finzel
             That the report of the Planning & Environment Committee dated 12 September
             2023 be received and the recommendations therein be adopted except where
             dealt with by separate resolution.
             Carried unanimously.




    8.3.    SERVICES & ORGANISATION COMMITTEE REPORT - 12 SEPTEMBER
            2023

            ATTENDANCE & APOLOGIES

             COMMITTEE MEMBERS
             Councillor Amelia Lorentson (Chair)
             Councillor Joe Jurisevic
             Councillor Frank Wilkie

             NON COMMITTEE MEMBERS
             Councillor Tom Wegener
             Councillor Karen Finzel

Page 12

ORDINARY MEETING MINUTES                                              21 SEPTEMBER 2023


             EXECUTIVE
             Acting Chief Executive Officer Larry Sengstock
             Acting Director Infrastructure Services, Shaun Walsh

             APOLOGIES
             Councillor Clare Stewart

            COMMITTEE RECOMMENDATIONS TO COUNCIL

             7.1. CONTRACT NO.
             CN00344 - PROVISION OF CONCRETE CRUSHING SERVICES
             That Council note the report by the Waste Coordinator to the Services &
             Organisation Committee Meeting dated 12 September, 2023 and:

            A. Award Contract No. CN00344 Provision of Concrete Crushing Services to
            Rosenlund Contractors Pty Ltd for an initial term of up to two (2) years,
            commencing 25 September 2023 and expiring 24 September 2025 with an
            option to extend for three (3) further periods of up to twelve (12) months each.
            The option to extend will be at Council’s own discretion and subject to the
            Contractor’s ability to meet the requirements under the Contract.

            B. Authorise the CEO to negotiate the final contract with Rosenlund Contractors
            Pty Ltd.

             Council Resolution
             Moved:           Cr Joe Jurisevic
             Seconded:        Cr Amelia Lorentson
             That the report of the Services and Organisation Committee meeting dated 12
             September 2023 be received and the recommendations therein be adopted
             except where dealt with by separate resolution.
             Carried unanimously.



    8.4.    GENERAL COMMITTEE REPORT - 18 SEPTEMBER 2023

            ATTENDANCE & APOLOGIES

             COMMITTEE MEMBERS
             Councillor Frank Wilkie (Chair)
             Councillor Karen Finzel
             Councillor Joe Jurisevic
             Councillor Amelia Lorentson
             Councillor Clare Stewart
             Councillor Brian Stockwell
             Councillor Tom Wegener

             EXECUTIVE
             Acting Chief Executive Officer Larry Sengstock
             Director Corporate Services Trent Grauf
             Director Strategy and Environment Kim Rawlings
             Acting Director Infrastructure Services Shaun Walsh
             Director Development & Regulation Richard MacGillivray

Page 13

ORDINARY MEETING MINUTES                                               21 SEPTEMBER 2023


             APOLOGIES
             Nil.

             COMMITTEE RECOMMENDATIONS TO COUNCIL

            5.1.    131998.981211.5 - APPLICATION FOR OTHER CHANGE TO
            DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE
            DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18
            HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION &
            ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD,
            COOTHARABA (Referred from Planning and Environment Committee dated
            12 September 2023 - Item 5.3).

            In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom
            Wegener provided the following declaration to the meeting of a declarable conflict
            of interest in this matter:

            I, Cr Tom Wegener inform the meeting that I have a declarable conflict of interest,
            upon request to staff for the permaculture report which was mentioned in the
            applicant's submission, it was revealed that the permaculture report was written
            by Tom Kendall, a local permaculture expert. As the president of the community
            group Permaculture Noosa, I have learned from Tom Kendall and visited his
            permaculture property. However, he is not a personal friend and I do not socialise
            with him outside of our common interest of Permaculture. I believe I can make a
            judgment in the public interest. Therefore, I will choose to remain in the meeting
            room. However, I will respect the decision of the meeting on whether I can remain
            and participate in the decision.

             Council Resolution
             Moved:            Cr Joe Jurisevic
             Seconded:         Cr Amelia Lorentson
             That Council note the declarable conflict of interest by Cr Wegener and
             determine Cr Wegener can participate and vote on this matter because Council
             believes that as Mr Kendall is not a close associate and that a reasonable
             person would trust that the final decision is made in the public interest.
             Carried unanimously.


             Cr Wegener did not vote on the above motion.

            Council Resolution
            Moved:            Cr Joe Jurisevic
            Seconded:         Cr Karen Finzel
            That Council note the report by the Acting Coordinator Planning Assessment to
            the Planning & Environment Committee Meeting dated 12 September 2023
            regarding Application No. 131998.981211.5 for an Other Change to Development
            Approval (12637DA) - Integrated Permaculture Designed Organic Orchard and
            Golf Course Complex (18 holes) to include Group Farm Stay Accommodation
            (undefined use) and associated supporting infrastructure (maximum 299 beds),
            situated at 59 Kabi Rd Cootharaba and note that the Applicant has stopped the
            current period.
            Carried unanimously.

Page 14

ORDINARY MEETING MINUTES                                                21 SEPTEMBER 2023




             6.2.    FINANCIAL PERFORMANCE REPORT – AUGUST 2023

            That Council note the report by the Manager Financial Services (Acting) to the
            General Committee Meeting dated 18 September 2023 outlining August 2023
            year to date financial performance against budget, including changes to the
            financial performance report with the inclusion of key financial sustainability
            indicators.



             6.3.   YEAR IN REVIEW - 2022/23

            That Council note the report by the Chief Executive Officer (Acting) to the General
            Committee Meeting dated 18 September 2023 providing a review of Council’s
            progress in the 2022/23 financial year towards achieving the five key focus areas
            set out in Council’s Corporate Plan and thank Council staff for their efforts in the
            last twelve months to progress so many significant projects and providing
            outstanding service to our community.



            7.1.  CONTRACT NO.
            CN00209 - CLEANING OF OPEN SPACE AND PUBLIC AMENITIES

             That Council note the report by the Parks & Gardens Coordinator – to the
             General Committee 18 September 2023 and

             A. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities
             to the contractors nominated in the Parks & Gardens Coordinator report to the
             General Committee 18 September 2023.

             B. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities
             for an initial term of up to two (2) years, commencing 23 October 2023 and
             expiring 22 October 2025 with an option to extend for three (3) further periods of
             up to twelve (12) months each. The option to extend will be at Council’s own
             discretion and subject to the Contractor’s ability to meet the requirements under
             the Contract.

             C. Authorise the CEO to negotiate the final contract with the four (4) suppliers
             as listed.



            7.2.   PLANNING &
            ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
            MULTIPLE DWELLING (20 UNITS) - MCU22/0031 & OPERATIONAL WORKS
            CLEARING OF VEGETATION - OPW22/0062 AT 11C CHURCH STREET,
            POMONA

             That Council note the report by the Manager Development & Regulation to the
             General Committee Meeting dated 18 September 2023 regarding regarding
             Planning & Environment Court Appeal No. D14 0f 2023 and:

             A. Agree to settle the appeal generally in accordance with the proposed

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ORDINARY MEETING MINUTES                                                   21 SEPTEMBER 2023


                 conditions outlined in Attachment

                 B. Include the following property note on the lots:
                    1. To ensure the safety of people and property on this property is
                    maintained, all buildings and structures must be sited and/or constructed in
                    accordance with the bushfire management conditions of Council Approval
                    MCU22/0031 and associated Operational Work approvals.



                 7.3.   2122Q125 –
                 CONTRACT VARIATION FOR PROJECT MANAGMENT SERVICES FOR 2022
                 FLOOD RECOVERY AND RECONSTRUCTION

                 That Council note the report by the Disaster Reconstruction Coordinator to the
                 General Meeting Dated 18 September, and endorse the CEO to execute all
                 documents and undertake all things necessary to:

                 A. Give effect to the novation of contract 2122Q125 from Erscon Pty Ltd to
                 NorthLane Pty Ltd; and;

                 B. Increase the value of contract 2122Q125 by $1,236,055.20 (GST exc.) from
                 $2,100,000.00 (GST exc.) to $3,336,055.20 (GST exc.), and the period until 31
                 July 2024.


                 Council Resolution
                 Moved:             Cr Amelia Lorentson
                 Seconded:          Cr Tom Wegener
                 That the report of the General Committee Meeting dated 18 September 2023 be
                 received and the recommendations therein be adopted except where dealt with
                 by separate resolution
                 Carried unanimously.


9.        ORDINARY MEETING REPORTS

          Nil.


10.       CLOSED SESSION

          Nil.


11.       PUBLIC QUESTION TIME

          Nil.


12.       NEXT MEETING

          The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St,
          Tewantin on Thursday 26 October 2023 at 5.00pm.

Page 16

ORDINARY MEETING MINUTES                 21 SEPTEMBER 2023




13.       MEETING CLOSURE

          The meeting closed at 7.06pm

ORDINARY MEETING MINUTES 21 SEPTEMBER 2023 13. MEETING CLOSURE The meeting closed at 7.06pm

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