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2016-06-16 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 16 June 2016
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING MINUTES 16 JUNE 2016
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Rogers, Director Community Services
M Shave, Director Corporate Services
M Drydale, Director Planning & Infrastructure
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6.01pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
The Minutes of the Post Election Meeting held on 5 April 2016 be received and confirmed.
Carried.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
The Minutes of the Ordinary Meeting held on 19 May 2016 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 16 JUNE 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 JUNE 2016 – Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
Other Councillors in Attendance: Cr Wilkie, Cr Glasgow (attended items 3-6)
The following Recommendations from the Planning & Environment Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Glasgow
The Planning & Environment Committee recommendations dated 7 June 2016 be adopted.
Carried.
1 FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE - ENTERTAINMENT & DINING BUSINESS TYPE 1 - FOOD & BEVERAGES
SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS - MCU15/0086
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Wilkie disagrees with some conditions of the approval
recommendation
2 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE RETAIL
BUSINESS - TYPE 2 SHOP & SALON AT UNIT 3, 9 LIONEL DONOVAN DRIVE,
NOOSAVILLE - MCU15/0116
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0116 for a
Development Permit for Material Change of Use for a Retail Business – Type 2 Shop and
Salon situated at Unit 3, 9 Lionel Donovan Drive, Noosaville and:
A. Approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are listed
in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Proposal Plan prepared by RG Strategic 07/12/15
Nature and Extent of Approved Use
3. The approved retail use may only operate in association with an industrial
(catering) business operating from the subject tenancy.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 16 JUNE 2016
4. The shop/café and outdoor dining use areas must not exceed the areas shown
on the approved plan.
Street Identification
5. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the building name.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The retail food business helps meet the needs of workers in the immediate
area.
2. The retail use is associated with an industrial (catering) uses on the site.
3. The use will not impact significantly on existing retail businesses in Noosa due
to its minor scale.
3 NOOSA PARKLANDS DRAFT PARK MANAGEMENT PLAN
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to both his residence in Noosa Parklands and his involvement in
the Local Bushland Care Group associated with the Noosa Parklands area. Cr Jurisevic believed he
could consider this item impartially and in the public interest and therefore remained in the meeting
room for the debate and decision on this matter.
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 7 June 2016 and agree to commence public
consultation on the Draft Noosa Parklands Park Management Plan subject to minor
amendments as discussed at the Planning & Environment Committee meeting.
4 AMENDMENTS TO ENVIRONMENT LEVY POLICY
That Council note the report by the Manager Planning and Environment to the Planning &
Environment Committee Meeting dated 7 June 2016 and adopt the amended Environment
Levy Policy as set out in Attachment 1 to the report.
5 PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL LAND
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Stockwell requests amendments to the draft study
6 PLANNING & ENVIRONMENT COURT
APPEAL D384/16 FOR A DEVELOPMENT APPLICATION FOR OPERATIONAL
WORKS PLACING AN ADVERTISING DEVICE - SIGNAGE AT 78 - 80 RENE STREET,
NOOSAVILLE - OPW15/0214
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 7 June 2016 regarding Planning and Environment
Court Appeal D384/16 and agree to settle the appeal as outlined in section 3 of the report.
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 16 JUNE 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
7 JUNE 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie.
Other Councillors in Attendance: Crs. Stockwell, Jurisevic and Jackson
The following Recommendations from the Services & Organisation Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Pardon
The Services & Organisation Committee recommendations dated 7 June 2016 be adopted.
Carried.
1 2016-17 COMMUNITY GRANTS FUNDING - FESTIVE, ALLIANCE, PROJECT AND
REGIONAL ARTS DEVELOPMENT FUND (RADF)
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Pardon disagrees with the recommendation.
2 LIBRARY SERVICE REVIEW
That Council note the report by the Libraries & Galleries Manager to the Services &
Organisation Committee Meeting dated 7 June 2016 and:
A. Note the review recommendations outlined in section 3 of this report and consider
these in the development of the 2016/17 budget;
B. Authorise the Chief Executive Officer to implement a new organisational structure for
the Libraries and Galleries branch; and
C. Adopt the following library opening hours from 1 July 2016:
Noosaville Library
Monday – Friday 9:00am – 5:30pm
Saturday 9:00am – 3:00pm
Sunday 10:00am – 2:00pm
Cooroy Library
Monday – Friday 9:00am – 5:30pm
Saturday 9:00am – 1:00pm
3 HERITAGE LEVY POLICY
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 7 June 2016 and:
A. Rescind the existing Heritage Levy Policy that transferred to Noosa Council from the
Sunshine Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation 2013;
B. Adopt the Heritage Levy Policy provided at Attachment 1 to the Report; and
C. Appoint Cr Glasgow to the proposed Noosa Heritage Reference Group.
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 16 JUNE 2016
4 WASTE REDUCTION & RECYCLING PLAN 2016-2024
That Council note the report by the Acting Manager of Waste and Environmental Health to
the Services & Organisation Committee Meeting dated 7 June 2016 and approve the
Noosa Council Waste Reduction and Recycling Plan 2016 – 2024 provided at Attachment
1 to the Report.
5 NOOSA RIVER HOLIDAY PARK PROPOSED EXTENSION AGREEMENT
That Council note the report by the Property and Facilities Manager to the Services &
Organisation Committee Meeting dated 7 June 2016 and authorise the CEO to enter into
an extension to the current interim management agreement for the Noosa River Holiday
Park with Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd for 7
months commencing 1 August 2016.
6 PROPOSED TRANSFER OF SHOP 6 LEASE SUNRISE NEIGHBOURHOOD SHOPPING
CENTRE 2 GRASSTREE CRT, SUNRISE BEACH
That Council note the report by the Property and Facilities Property Officer to the Services
& Organisation Committee Meeting dated 7 June 2016 and approve the proposed transfer
of the lease for Sunrise Neighbourhood Shopping Centre, Shop 6 – Bakery, from St Barbs
Pty Ltd to Cartor Pty Ltd.
7 UPDATED DELEGATIONS OF AUTHORITY
That Council note the report by the Governance Advisor to the Services and Organisation
Committee Meeting dated 7 June 2016 and pursuant to section 257 of the Local
Government Act 2009:
A. Adopt the updated the Delegation of Authority by the Council to the Chief Executive
Officer (CEO) relating to Public Health as detailed in Table 1 of this report and
provided at Attachment 1; and
B. Adopt the new Delegation of Authority relating to Biosecurity powers of Council under
the Biosecurity Act 2014 as provided at Attachment 2.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 16 JUNE 2016
AUDIT & RISK COMMITTEE RECOMMENDATIONS
10 JUNE 2016 – Cr Jackson, Scott Williams, Cameron Jaggers - Apology: Cr Wellington
External attendees: Denis Byram (Queensland Audit Office)
The following Recommendations from the Audit & Risk Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Jurisevic
The Audit & Risk Committee recommendations dated 10 June 2016 be adopted.
Carried.
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 10 June 2016 detailing the 2015/16 final external
audit plan, second interim management report and other related matters.
2 POLICY UPDATE
That Council note the report by the Director Corporate Services to the Audit and Risk
Committee Meeting dated 10 June 2016 and:
A. Note the statutory policies that will be considered for adoption with the 2016/17
budget;
B. Note the draft Related Party Disclosures Policy that will be separately reported to
Council for adoption at a future meeting; and
C. Endorse the Cash Handling Organisational Policy for adoption by the Chief Executive
Officer under delegation incorporating the changes suggested by the Audit & Risk
Committee.
3 SHELL FINANCIAL STATEMENTS 2015-16
That Council note the report by the Financial Accountant to the Audit & Risk Committee
Meeting dated 10 June 2016 and note the format of the draft shell financial statements as
outlined in Attachment 1 to the report.
4 INTERNAL AUDIT UPDATE AND REGISTER OF ACTION ITEMS
That Council note the report by the Executive Manager to the Audit & Risk Committee
Meeting dated 10 June 2016 including:
A. The Crowe Horwath Internal Audit Status Report enclosing to the Cash Handling and
Cash Management Internal Audit Report, and, Waste System Charges Internal Audit
Report, provided at Attachments 1 ; and
B. An update on the Rolling Internal Audit Plan and the Register of Action Items,
provided at Attachments 2 and 3 to the report.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 16 JUNE 2016
5 RISK MANAGEMENT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 10 June 2016 providing an update on Council’s Risk Management Program.
6 ANNUAL INSURANCE UPDATE
That Council note the report by the Governance Advisor to the Audit and Risk Committee
Meeting dated 10 June 2016 providing an update of Council’s Insurance Program.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 16 JUNE 2016
GENERAL COMMITTEE RECOMMENDATIONS
13 JUNE 2016 - Crs Joe Jurisevic (Chair), Jess Glasgow, Ingrid Jackson, Frank Pardon,
Brian Stockwell and Tony Wellington - Apology: Cr Wilkie
1 FURTHER REPORT – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE – ENTERTAINMENT & DINING BUSINESS TYPE 1 – FOOD & BEVERAGES
SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS – MCU15/0086
Cr Glasgow declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) as prior to his election to Council, he signed a petition supporting the
extension of opening hours associated with the application. Cr Glasgow left the meeting room for
the debate and decision on this matter.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the reports by the Coordinator Planning Assessment to the Planning &
Organisation Committee Meeting dated 2 February 2016 and the Planning and
Environment Committee Meeting dated 7 June 2016 regarding Application No.
MCU15/0086 for a Development Permit for Material Change of Use for Entertainment &
Dining Business Type 1 – Food & Beverages situated at 2 Bottlebrush Avenue, Noosa
Heads and approve the application in accordance with the following conditions:
PLANNING
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plan
2. Development undertaken in accordance with this approval must generally comply with
the approved plan of development. The approved plan is listed in the following table
and may be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A0 - SITE PLAN October 2015
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 5am to 12pm, with use of
outdoor dining area permitted after 10pm only on Friday to Monday nights inclusive.
4. Patrons in the outdoor dining area must be seated and limited to 50.
5. The outdoor dining areas within the site must be in accordance with those shown on
the approved plan, with no more than 40m2 used at any one time.
6. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays.
Noise
7. External speakers or amplified music are not permitted.
8. Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 16 JUNE 2016
9. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
10. Management must ensure patrons leave the premises and street frontage promptly
after nightly closing time and do not mingle or otherwise cause noise nuisance to
residents on Bottlebrush Avenue.
11. The development must be undertaken in accordance with the recommendations of
the Acoustic Report prepared by ATP Consulting Engineers (Reference ATP150314-
NIA-02) dated 24 June 2015 and ATP’s addendum letters dated 9 October 2015 and
10 December 2015.
12. The 2.6m acoustic fence recommended by the approved Acoustic Report must be
erected within 3 months of this approval taking effect. The fence must meet the
construction standards required by the approved Acoustic Report.
13. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
13.1. Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
14. Written certification must be submitted from a suitably qualified person confirming
noise levels from any new mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and in a format approved by Council. All equipment should be operating
at the same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is
involved prior to installation of any equipment so they can recommend where
equipment is best located. They can also advise about noise enclosures and make
other suggestions to avoid noise problems. It is a lot more costly to try and deal with
noise problems after installation.
Landscaping
15. Dense native screening shrubs up to 3m in height must be established on the
Bottlebrush Avenue side of the new acoustic fence for its full length to visually screen
the fence.
Refuse
16. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
17. This development permit lapses on 21 June 2017, unless an application is received
to extend the approval. In assessing an extension to the approval, Council will have
regard to any breach details available from the Office of Liquor & Gaming Regulation
and any other relevant matters.
Carried.
Cr Glasgow re-joined the meeting.
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 16 JUNE 2016
3 2016-17 COMMUNITY GRANTS FUNDING – FESTIVE, ALLIANCE, PROJECT AND
REGIONAL ARTS DEVELOPMENT FUND (RADF)
Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his Presidency of the Noosa Arts Theatre Inc. Cr Wilkie left the
meeting room for the debate and decision on this matter.
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his membership of the Tewantin Noosa RSL Sub-branch. Cr
Pardon believed he could consider this item impartially and in the public interest and therefore
remained in the meeting room for the debate and decision on this matter.
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his membership of Noosa Arts Theatre Inc, Noosa District
Rugby Union Club Inc, Noosa Integrated Catchment Association and Noosa Community Biosphere
Association. Cr Jurisevic believed he could consider this item impartially and in the public interest
and therefore remained in the meeting room for the debate and decision on this matter.
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his membership of Noosa and District Landcare, Noosa
Community Biosphere Association & Country Noosa; his relationship with NICA and MRCCC; and
his provision of consultancy services to Noosa and District Landcare, Country Noosa and MRCCC.
Cr Stockwell believed he could consider this item impartially and in the public interest and therefore
remained in the meeting room for the debate and decision on this matter.
Cr Glasgow declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his membership of the Cooroy Pomona Lions Club. Cr Glasgow
believed he could consider this item impartially and in the public interest and therefore remained in
the meeting room for the debate and decision on this matter.
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to her membership of Noosa Community Radio, Noosa and District
Landcare, and Noosa Community Biosphere Association. Cr Jackson believed she could consider
this item impartially and in the public interest and therefore remained in the meeting room for the
debate and decision on this matter.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jurisevic
That Council note the report by the Community Development Coordinator to the Services &
Organisation Committee Meeting dated 7 June 2016 and
A. Authorise the Chief Executive Officer to amend the Community Grants Policy to
include a 3 year Signature Event Category for which Service Clubs are eligible; and
B. Approve the following grant funding recommendations:
1. 2016/2017 Community Alliance Grant recommendations as set out in
Attachment 1 to the Report;
2. 2016/2017 Festive Season Grant recommendations as set out in Attachment 2
to the Report noting that the Pomona Night of Lights event is being held in
Pomona, not Cooroy as incorrectly outlined in the attachment;
3. 2016/2017 Signature Event Grant recommendations as set out in Attachment 3
to the Report;
4. 2016/17 Community Grant Projects first round recommendations as set out in
Attachment 4 to the Report; and
5. 2015/16 Regional Arts Development Fund (RADF) second round
recommendations as set out in Attachment 5 to the Report.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 16 JUNE 2016
C. With respect to the application by Slow Food Noosa which currently fails to meet the
criteria for the community grant, the organisation is encouraged to apply for the next
round of grants for support for their education and promotion of slow food principles.
Carried.
Crs. Glasgow, Jackson, Jurisevic, Pardon & Stockwell voted in favour of the motion.
Cr Wilkie was absent for the vote on this item.
Cr Wilkie re-joined the meeting.
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
The General Committee recommendations dated 13 June 2016 be adopted except where dealt
with or held over by separate resolution.
Carried.
2 PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL LAND
That Council note the report by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 7 June 2016 and defer consideration of the study
“Agriculture and Agricultural Land in Noosa Shire 2016” to a future round of Council
meetings to allow further consideration of the study.
4 FINANCIAL PERFORMANCE REPORT – MAY 2016
That Council note the report by the Acting Manager Financial Services to the General
Committee Meeting dated 13 June 2016 providing the May YTD monthly financial
performance report for the 2015/16 financial year.
5 CONTRACT LBNA01 “LIQUID WASTE”
That Council note the report by the Acting Manager Waste and Environmental Health to the
General Committee meeting dated 13 June 2016 and:
A. Award Local Buy Contract LBNA01 “Liquid Waste Collection Services”, to Sutton’s
Cleaning Service for the value of $342,000; and
B. Award Local Buy Contract LBNA01 for an initial contract period of 2 years, with the
option to extend for two (2) period/s of up to twelve (12) months.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 16 JUNE 2016
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 21 July 2016 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.09pm.
Page 13 of 13