2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                       17 JUNE 2014


1.   EOI Process Terms clause 12.4 No incentives or contact

     (b)   Respondents (including its officers, employees and agents) must not contact or attempt
           to contact any councillor or employee of Council about any part of this Expression of
           Interest, including the Expression of Interest Documents, except when requesting
           assistance or information about the Expression of Interest made to the persons or
           positions mentioned in the Expression of Interest Invitation – Part 1 Expression of Interest
           Details – Item 7 Assistance and;

     (c)   If Council discovers at any time that a Respondent has breached clauses 12.4(a) and
           12.4(b), Council may decide not to consider that Expression of Interest.

2.   EOI Process Terms clause 12.7 No canvassing

     A Respondent must not engage or communicate with Council, its councillors or its employees in
     connection with the Expression of Interest Process or an Expression of Interest except:
     (a) as contemplated by this Expression of Interest Process;
     (b) when making a request for information or clarification under clause 3.3(f); or
     (c) in response to a request by Council under these Expression of Interest Process
          Terms.

     If a Respondent is found to have breached this clause 12.7 the Respondents Expression of
     Interest may be disqualified from evaluation.

3.   EOI Response Form Schedule 8 Conflict of Interest

         In submitting a EOI Response Form, the Respondent warrants that to the best of its
           knowledge and belief and subject to any disclosures detailed below (b) neither the
           Respondent nor its officers, employees, contractors or family members have (i)
           engaged in any unethical behaviour or sought and/obtained an unfair advantage.

If there is nothing to declare respondents must insert “none” in the space provided. The
respondent inserted “none” in the space provided despite lobbying having occurred.

In addition Noosa Council has received two complaints from a nearby commercial operator and
one complaint that transferred from Sunshine Coast Regional Council for Noosa Council to
investigate. The Policy identifies Council’s responsibility to review the previous permit holder’s
term and including but not limited to number of complaints, feedback received from the
community, impact on the environment and overall performance of the permit holder. The
complaints regarding the permit holder involve breaching permit conditions as students on
occasion were unsupervised and on occasion did not wear rashvests. The allegations amount to
the permit holder effectively hiring Stand Up Paddleboards which is not a permitted activity.
Hiring is in competition with several identical hire businesses along the lower Noosa River.
Council officers met with the permit holder on 14 January 2014 and 24 February 2014 and wrote
to the permit holder on each occasion outlining the allegations and requested adherence with the
permit conditions.

Options – Stand Up Paddleboard Lions Park

1.   Reoffer the permit by EOI to the open market;
2.   Not offer the permit due to the following:
     (a) There are four identical established businesses offering Stand Up Paddleboard
           lessons on the lower Noosa River, the closest being 150 metres away.
     (b) There has been a lack of interest shown by alternative respondents to the EOI, i.e.
           one applicant unlike activities such as Learn to Surf and Beach Equipment Hire.


                                                                                      Page 92 of 112