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2021-04-15 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 15 April 2021
commencing at 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 AGENDA 15 APRIL 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE REPORTS 4
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 6 APRIL 2021 4
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 6 APRIL 2021 5
3 GENERAL COMMITTEE MEETING REPORT – 12 APRIL 2021 7
9 ORDINARY MEETING REPORTS 10
10 CLOSED SESSION 10
11 PUBLIC QUESTION TIME 10
12 NEXT MEETING 10
13 MEETING CLOSURE 10
Page 2 of 10
Section 3
ORDINARY MEETING AGENDA 15 APRIL 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 18 March 2021 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 10
Section 4
ORDINARY MEETING AGENDA 15 APRIL 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 6 APRIL 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Frank Wilkie (non-Committee Councillor)
Cr Amelia Lorentson (non-Committee Councillor – for report 1)
EXECUTIVE
B de Chastel, Chief Executive Officer
COMMITTEE RECOMMENDATIONS TO COUNCIL
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.
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2021
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.
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.
Committee Recommendation
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.
Page 4 of 10
Section 5
ORDINARY MEETING AGENDA 15 APRIL 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 6 APRIL 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Karen Finzel (non-Committee Councillor)
Cr Tom Wegener (non-Committee Councillor - for report 3)
EXECUTIVE
B de Chastel, Chief Executive Officer
B O’Connor, Acting Director Infrastructure Services (for report 1)
M Shave, Director Corporate Services (for report 2)
K Contini, Director Community Services (for report 3)
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 PARK ROAD TEMPORARY PATH UPGRADE FURTHER INFORMATION
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.
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.
Page 5 of 10
Section 6
ORDINARY MEETING AGENDA 15 APRIL 2021
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.
Committee Recommendation
That the report of the Services & Organisation Committee dated 6 April 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 6 of 10
Section 7
ORDINARY MEETING AGENDA 15 APRIL 2021
3 GENERAL COMMITTEE MEETING REPORT – 12 APRIL 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development (for report 1)
B O’Connor, Acting Director Infrastructure Services (for report 2)
COMMITTEE RECOMMENDATIONS TO COUNCIL
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.
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 following conditions contained in the
Planning & Environment Committee Agenda dated 6 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.
2 PARK ROAD TEMPORARY PATH UPGRADE FURTHER INFORMATION
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.
Page 7 of 10
Section 8
ORDINARY MEETING AGENDA 15 APRIL 2021
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.
That Council note the report by the Special Projects Coordinator to the Services & Organisation
Committee Meeting dated 6 April 2021, providing further design information and approve an
upgrade to the temporary path constructed as part of the previously completed Park Road
Boardwalk project to a permanent pathway, with funding to be sourced when available at a
future budget review.
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.
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.
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.
Page 8 of 10
Section 9
ORDINARY MEETING AGENDA 15 APRIL 2021
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.
Committee Recommendation
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.
Page 9 of 10
Section 10
ORDINARY MEETING AGENDA 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
Page 10 of 10