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Meeting minutes
MINUTES
General Committee
Meeting
Monday, 17 April 2023
12:30 PM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair) Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Page 2
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
Larry Sengstock, Acting CEO & Director Infrastructure Services
Trent Grauf, Acting Director Corporate Services
Kim Rawlings, Director Environment &Sustainable Development
APOLOGIES
Nil
2. CONFIRMATION OF MINUTES
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
The Minutes of the General Committee Meeting held on 13 March 2023 be received and
confirmed.
Carried Unanimously
3. PRESENTATIONS
Nil
4. DEPUTATIONS
Nil
7. CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
That the meeting be closed to the public pursuant to section 254J(3)(j) of the Local Government
Regulation 2012 for the purpose of discussing a contract proposed to be made by Council and
in particular, the potential commercial negotiations in relation to that contract for Item 7.1 and (g)
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
negotiations relating to a commercial matter involving the local government for which a public
discussion would be likely to prejudice the interests of the local government for Item 7.2.
Carried Unanimously
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That the meeting be re-opened to the public.
Carried Unanimously.
7.1. CENTRALISED LEGAL
SERVICES TRIAL
(REFERRED FROM S&O 11 APRIL 23)
Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 11 April 2023 regarding HWL Ebsworth
Lawyers legal insourcing trial and:
A. Refer for budget consideration a Legal Officer Role within Governance to
centralise all legal matters for the Council;
B. To inform the budget process, undertake an "invitation to quote" process to
procure a suitable legal firm that can provide a broad scope of legal advice
and take legal action on behalf of the Council;
C. A further report be provided to the Council in relation to the feasibility of a
Legal Officer and outcomes of the invitation to quote process, seeking
approval from the Council to proceed prior to entering into any agreement.
Carried Unanimously.
7.2. TOURIST ACCOMMODATION ZONE REVIEW -PROPOSED AMENDMENT 2A TO
NOOSA PLAN 2020
Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That Council note the confidential report by the Principal Strategic Planner to the
General Committee Meeting dated 17 April 2023 regarding the Tourist
Accommodation zone review and:
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
A. Propose to amend Noosa Plan 2020 in accordance with this report and
Attachments, in accordance with Part 3 Division 2 of the Planning Act 2016;
B. Submit proposed Amendments 2A to Noosa Plan 2020 to the Chief Executive,
State Development, Infrastructure, Local Government and Planning for the
purpose of State Interest Review as an addendum to proposed Amendment 2
endorsed by Council on 31 January 2023 currently under review by the state;
C. Authorise the CEO to make any further minor administrative changes
necessary to proposed Amendment 2A to Noosa Plan 2020 for the purpose
of State Interest Review;
D. Note that following State Interest Review a report will be submitted to Council
on the proposed Amendment 2A to Noosa Plan 2020 for endorsement for the
purpose of community consultation and public notification.
Carried Unanimously.
5. ITEMS REFERRED FROM COMMITTEES
5.1. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
(REFERRED FROM P&E 11 APRIL 2023)
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding Application No.
MCU22/0209 for a Development Permit for Material Change of Use – Short Term
Accommodation situated at 515 Cooroy Noosa Road, Tinbeerwah and:
A. Approve the application in accordance with the conditions listed in Attachment
1.
B. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Cr Frank Wilkie, Cr Karen Finzel, Cr Joe Jurisevic, Cr Amelia Lorentson,
For:
Cr Clare Stewart, Cr Brian Stockwell
Against: Cr Tom Wegener
Carried.
5.2. TOURISM NOOSA FUNDING AGREEMENT
(REFERRED FROM S&O 11 APRIL 2023)
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 as
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
Leigh McCready, a Director of Tourism Noosa is a personal friend. As a result of my conflict
of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting and did not return to the meeting for any further items.
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
Leigh McCready, a Director of Tourism Noosa, was involved with my 2020 election campaign
with Future Noosa, which is no longer an entity. As a result of my conflict of interest I will now
leave the meeting room while the matter is considered and voted on.
Cr Finzel left the meeting and did not return to the meeting for any further items.
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 as
on 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO)
as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly
identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa. Although
I have a declarable conflict of interest, I do not believe a reasonable person could have a
perception of bias because the ICEO review was an advisory service, not a statutory process,
and my queries at that time were in the public interest and neither I nor Ms McCready stood to
personally gain or lose from that advice. 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.
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that a reasonable person could not have a perception of bias because the ICEO review
was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were
in the public interest and neither he nor Ms McCready stood to personally gain or lose from that
advice and therefore a reasonable person would trust that the final decision is made in the
public interest.
Carried Unanimously.
Cr Stockwell did not vote on the above motion.
Motion
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Council note the report by the Chief Executive Officer to the Services and
Organisation Committee Meeting dated 11 April 2023 regarding the Tourism Noosa
Funding and Performance Deed and
A. Authorise the Chief Executive Officer to execute the Funding and
Performance Deed provided at Attachment 1 to the Report;
B. Authorise the Chief Executive Officer to make minor changes to the Funding
and Performance Deed as required; and
C. Confirm the release of funds as per the report for the 2024 and 2025
Financial Years.
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
Amendment No.1
Moved: Cr Stockwell
Seconded: Cr Joe Jurisevic
That B be amended to read:
B. Authorise the Chief Executive Officer to make minor changes to the Funding and
Performance Deed prior to executing the Deed as required; including
i. Adding a new clause in Schedule 1 2. 1. (d) stating that “TN understands and
acknowledges that any future funding will be reliant on TN responding to the
outcomes of the DMP to Council's satisfaction.”
For: Cr Stockwell and Cr Wilkie
Against: Cr Joe Jurisevic, Cr Amelia Lorentson and Cr Tom Wegener
Lost
Amendment No.2
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
Adding a new clause i) to item B)
i) Adding to the deed, a requirement that prior to the completion and adoption
of the DMP, TN must consider and respect key aspirations and positions of
Council articulated in the Corporate Plan and stated in relevant strategies and
plans as part of the development of Tourism Noosa's Strategic Plan,
Marketing Plan and Events Strategy. “
Carried Unanimously.
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Council note the report by the Chief Executive Officer to the Services and
Organisation Committee Meeting dated 11 April 2023 regarding the Tourism Noosa
Funding and Performance Deed and
A. Authorise the Chief Executive Officer to execute the Funding and Performance
Deed provided at Attachment 1 to the Report;
B. Authorise the Chief Executive Officer to make changes to the Funding and
Performance Deed prior to executing the Deed as required; including
i. Adding to the deed, a requirement that prior to the completion and adoption of
the DMP, TN must consider and respect key aspirations and positions of
Council articulated in the Corporate Plan and stated in relevant strategies and
plans as part of the development of Tourism Noosa's Strategic Plan, Marketing
Plan and Events Strategy.
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
C. Confirm the release of funds as per the report for the 2024 and 2025 Financial
Years.
Carried Unanimously.
6. REPORTS DIRECT TO GENERAL COMMITTEE
6.1. CONTRACT NO. CN00311 - FLOOD RECONSTRUCTION - GOLDEN GULLY
ROAD - CULVERT REPLACEMENTS
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Disaster Reconstruction Coordinator to the
General Committee Meeting dated 17 April 2023, and:
A. Award Contract No. CN00311 for Golden Gully Road Culvert Replacements
to Sunshine Civil Solutions Pty Ltd for a lump sum price of $1,190,773
(excluding GST);
B. Authorise the CEO to negotiate the final contract with Sunshine Civil
Solutions Pty Ltd.
Carried Unanimously.
6.2. BUDGET REVIEW 2 (BR2) FOR THE 2022/23 FINANCIAL YEAR
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 17 April 2023 and approve the proposed changes to the
budget for the 2022/23 financial year as outlined in the revised Budget Financial
Statements attached to the report.
Carried Unanimously.
6.3. FINANCIAL PERFORMANCE REPORT – APRIL 2023
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 17 April 2023 outlining March 2023 year to date
financial performance against budget, including changes to the financial
performance report with the inclusion of key financial sustainability indicators.
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GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023
Carried Unanimously
8. MEETING CLOSURE
The meeting closed at 4.29pm.