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2021-04-15 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 15 April 2021
5pm
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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Section 2
ORDINARY MEETING MINUTES 15 APRIL 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Saward, Acting Director Community Services
M Shave, Director Corporate Services
A Dow, Acting Director Environment & Sustainable Development
D Iezzi, Director Executive Services
B O’Connor, Acting Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 5.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Finzel
Seconded: Cr Jurisevic
The Minutes of the Ordinary Meeting held on 18 March 2021 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
Nil.
4 PETITIONS
Nil.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 15 APRIL 2021
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 15 APRIL 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 6 APRIL 2021
2 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2021
Cr Wilkie assumed the Chair for the purpose of Council considering the conflict of interest declarations
of Cr Stewart and Cr Lorentson.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application CBD Settlers Cove Pty Ltd by which is item 24 in this report. Mr Shannon Gillard, who is
related to the applicant CBD Settlers Cove Pty Ltd, and his wife Kate, are friends of mine through our
children. We socialise together occasionally. Although I have a declarable conflict of interest, I do not
believe a reasonable person could have a perception of bias because I believe I do not have a close
personal relationship with Mr & Mrs Gillard and Council's consideration of this application is not to
approve or reject it, it is only for noting of a decision that has already been made by staff. 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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter in relation
to the application by Clare and Wade Jenner which is item 1 in this report. I have a relationship with the
applicants as we are associates through the Noosa Boardriders Club. In addition, during the 2020
election campaign, one of my election signs was located outside their property in Pacific Avenue,
Sunshine Beach. Although I have a declarable conflict of interest, I do not believe a reasonable person
could have a perception of bias because I believe I do not have a close personal relationship with Mr &
Mrs Jenner and Council's consideration of this application is not to approve or reject it, it is only for
noting of a decision that has already been made by staff. 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 Stockwell
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that Cr Stewart
does not have a close personal relationship with Mr Gillard and as Council's consideration of this
application is not to approve or reject it, only to note a decision that has already been made by staff, a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
(Crs. Stewart and Lorentson did not vote on the above motion)
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
Lorentson does not have a close personal relationship with Mr & Mrs Jenner and as Council's
consideration of this application is not to approve or reject it, only to note a decision that has already
been made by staff, a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
(Crs. Stewart and Lorentson did not vote on the above motion)
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 15 APRIL 2021
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wegener
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 6 April 2021 regarding planning applications that have
been decided by delegated authority.
Carried unanimously.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Wilkie
That the report of the Planning & Environment Committee dated 6 April 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 MCU20/0128 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A
RESIDENTIAL CARE FACILITY AT 32 VIEWLAND DRIVE, NOOSA HEADS
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 15 APRIL 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 6 APRIL 2021
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That the report of the Services & Organisation Committee dated 6 April 2021 be received and the
recommendations therein be adopted.
Carried unanimously.
1 PARK ROAD TEMPORARY PATH UPGRADE FURTHER INFORMATION
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 TENDERER FINANCIAL CAPACITY ASSESSMENT POLICY AND GUIDELINE
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 6 April 2021 and:
A. Adopt the Tenderer Financial Capacity Assessment Process Policy provided as
Attachment 1 to the report;
B. Adopt the Tenderer Financial Capacity Assessment Process Policy Guideline provided
as Attachment 2 to the report; and
C. Note that where the policy and guideline is applied to specific future tenders, the potential
impacts on the number of tender submissions received will be monitored over the next
12-24 months to determine any compliance challenges particularly for small local
contractors.
3 WASTE MANAGEMENT - 6 MONTHLY REPORT JULY TO DECEMBER 2020
That Council note the report by the Waste Coordinator to the Services and Organisation
Committee Meeting 6 April 2021, providing an update on the activities of the Waste section for
July - December 2020/21.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 15 APRIL 2021
3 GENERAL COMMITTEE MEETING REPORT – 12 APRIL 2021
2 PARK ROAD TEMPORARY PATH UPGRADE FURTHER INFORMATION
The following material was presented to the meeting in relation to this item:
Cr Wegener – images - refer to Attachment 1
Cr Stockwell – table – refer to Attachment 2
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my
relationship with Andrew and Cathryn St Baker who reside in Park Road adjacent to where the pathway
is located. My family have holidayed once with Andrew and Cathryn St Baker, my husband is close
personal friends with Andrew St Baker and one of my election signs was located at Thomas Surfboards
and Andrew St Baker is a joint owner of that business. As a result of my conflict of interest I will now
leave the meeting room while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter due to my
association with Andrew St Baker who owns a property in Park Road, adjacent to the where the pathway
is located. Andrew St Baker contacted me in May 2020 about the pathway in question which runs on
the northern edge of his property. I went to meet with him and looked at the path and he told me the
history of his dealings with Council. I contacted the Project Officer and passed on Mr. St Baker’s
concerns. Later, I informally met the Project Officer on the boardwalk and, I believe, he told me that it
will eventually come before Council. I have a perceived association with Mr. St Baker as I am a surfboard
manufacturer and he is an owner of Thomas Surfboards and the Thomas Factory. I believe Mr. St Baker
has had a fantastic influence on manufacturing in Noosa. In Council I have often congratulated the
Thomas Factory and I have discussed the emerging Enterprise Business Zones which Mr. St Baker
supports. During the election campaign Mr. St Baker allowed me to put an election core flute at the
Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had two discussions
on the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at his house, which
is, obviously, right above the surf break. Although I have a declarable conflict of interest, I do not believe
a reasonable person could have a perception of bias because I believe I do not have a close personal
relationship with Mr St Baker. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain in and participate in the decision.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Stockwell
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
interest that Cr Wegener participates and votes on this matter because Council believes that Cr
Wegener does not have a close personal relationship with Mr St Baker and therefore 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)
Motion
Moved: Cr Wegener
Seconded: Cr Finzel
That Council note the report by the Special Projects Coordinator to the Services & Organisation
Committee Meeting dated 6 April 2021 providing further design information on the temporary
path which was constructed as part of the previously completed Park Road Boardwalk project,
and request staff to remove the temporary path as soon as possible with funding for the
removal to be sourced from other project savings or at a future budget review.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 15 APRIL 2021
Amendment
Moved: Cr Wilkie
That the motion be amended to replace the words “remove the temporary path as soon as
possible with funding for the removal to be sourced from other project savings or at a future
budget review” with “conduct public consultation on the future of the temporary path as soon
as possible”.
The amendment was withdrawn.
Council Resolution
Moved: Cr Wegener
Seconded: Cr Finzel
That Council note the report by the Special Projects Coordinator to the Services & Organisation
Committee Meeting dated 6 April 2021 providing further design information on the temporary
path which was constructed as part of the previously completed Park Road Boardwalk project,
and request staff to remove the temporary path as soon as possible with funding for the
removal to be sourced from other project savings or at a future budget review.
For: Crs. Wegener, Finzel and Stewart
Against: Crs. Stockwell, Wilkie and Jurisevic
Carried on the casting vote of the Chair.
Cr Lorentson re-joined the meeting.
Cr Wilkie left the meeting.
1 MCU20/0128 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
A RESIDENTIAL CARE FACILITY AT 32 VIEWLAND DRIVE, NOOSA HEADS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a prescribed conflict of interest in this matter as the
applicant, Deluca Charitable Foundation Limited is building this facility for the benefit of Youngcare and
I am a Board Director of Youngcare. As a result of my conflict of interest, I will now leave the meeting
room while the matter is considered and voted on.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wegener
That Cr Jurisevic be appointed as Acting Chairperson of the meeting for this item in Cr Stewart’s
absence.
Carried unanimously.
Council Resolution
Moved: Cr Finzel
Seconded: Cr Stockwell
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 April 2021 regarding Application No. MCU20/0128 for a
Development Permit for Material Change of Use - Residential care facility situated at Reservoir
32 Viewland Dr, Noosa Heads and:
A. Approve the application in accordance with the conditions contained in the Planning &
Environment Committee Agenda dated 6 April 2021.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 15 APRIL 2021
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Request the Chief Executive Officer to investigate the existing traffic and car parking
concerns in Viewland Drive, Noosa Heads raised by residents in their submissions to
Application No. MCU20/0128 for a Residential Care Facility at 32 Viewland Drive, Noosa
Heads.
D. Include the following advisory notes on the Decision Notice:
1. The site contains some significant mature vegetation that will be removed as part
of the site’s development and consideration should be given to its reuse such as
making it available to local wood turning groups, using it on site as a feature piece
or the like rather than mulching the timbers.
2. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an
offence to fail to comply with the duty of care. Substantial monetary penalties may
apply to individuals or corporations breaching this duty of care. Injunctions may
also be issued by the Land and Resources Tribunal, and the Minister administering
the ACH Act can also issue stop orders for an activity that is harming or is likely to
harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the
ACH Act.
Carried unanimously.
Cr Stewart re-joined the meeting and resumed the Chair.
3 PROPOSED LEASE - SHOP 8, SUNRISE BEACH SHOPPING CENTRE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
children are both casual employees at Café Le Monde and El Capitano which I believe are also owned
or part owned by the Director of Tanglewood Company Pty Ltd, Ryan Taylor. In addition, during the
2020 election campaign I had election material on display at Café Le Monde. Although I have a
declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
because I believe I do not have a close personal relationship with Mr Taylor. 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 Jurisevic
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
Lorentson does not have a close personal relationship with Mr Taylor and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
(Cr Lorentson did not vote on the above motion)
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 15 APRIL 2021
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Property Advisor – Commercial Property to the General
Committee Meeting dated 12 April 2021 regarding the lease of Shop 8, Sunrise Neighbourhood
Shopping Centre and:
A. Agree to enter a commercial lease of the premises to Tanglewood Company Pty Ltd, for
a five (5) year term, as generally outlined in the report;
B. Agree to an initial rent-free period of 6 months; and
C. Authorise the CEO to award up to 4 subsequent lease extensions each of 5 years,
subject to the lessee complying with the terms of the lease.
Carried unanimously.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Finzel
That the report of the General Committee dated 12 April 2021 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
Carried unanimously.
4 BUDGET REVIEW 3 (BR3) FOR THE 2020/21 FINANCIAL YEAR
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 April 2021 and approve the proposed changes to the budget for the 2020/21
financial year as outlined in the revised Budget Financial Statements attached to the report.
5 FINANCIAL PERFORMANCE REPORT – MARCH 2021
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 April 2021 outlining March 2021 year to date financial performance against
budget, including performance against key financial sustainability indicators.
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 15 APRIL 2021
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 20 May 2021 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 6.28pm.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 15 APRIL 2021
ATTACHMENT 1
Page 12 of 13
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ORDINARY MEETING MINUTES 15 APRIL 2021
ATTACHMENT 2
Page 13 of 13
ORDINARY MEETING MINUTES 15 APRIL 2021
ATTACHMENT 2
How Best to Spend $131,000
tem «| Optionto Remove | ———LeastCostOption
Existing Value of Asset $98,200 $98,200
Least cost of Removal and NA Est. $20,000
replacement of handrails
Complete removal of pathway and $131,00 NA
handrail
Upgrade — protect concrete $65,000
footpath batters +contingency
Cost of Capital Works in Kin Kin Po $46,000
RESIDUAL VALUE OF
COMMUNITY ASSET
Page 13 of 13