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2015-02-12 Ordinary Meeting Minutes

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                    MINUTES


           Ordinary Meeting

         Thursday, 12 February 2015

                  commencing at 6pm
        Council Chambers, 9 Pelican Street, Tewantin




Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2

ORDINARY MEETING MINUTES                                                   12 FEBRUARY 2015



1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor N Playford, Mayor
    Councillor B Abbot
    Councillor S Bolton
    Councillor J Jurisevic
    Councillor F Pardon
    Councillor T Wellington
    Councillor F Wilkie

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Rogers, Director Community Services
    M Shave, Director Corporate Services


    APOLOGIES
    Nil.


    The meeting commenced at 6.00pm.




2   CONFIRMATION OF MINUTES
    Council Resolution

    Moved:           Cr Pardon
    Seconded:        Cr Jurisevic

    The Minutes of the Ordinary Meeting held on 15 January 2015 be received and confirmed.
                                                                                    Carried.


3   MAYORAL MINUTES

    Nil.




4   NOTIFIED MOTIONS

    Nil.




                       This is not an official copy of Council’s Minutes
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Section 3

ORDINARY MEETING MINUTES                                                     12 FEBRUARY 2015


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


AUDIT COMMITTEE RECOMMENDATIONS
4 FEBRUARY 2015 – Cr Playford, Cr Wellington, Scott Williams, Cameron Jaggers
(attended meeting via conference call)

Other attendees:     Brett de Chastel (CEO); Michael Shave (Director Corporate Services);
Debra Iezzi (Executive Manager); Paul Bright (Governance Advisor); Megan MacMichael
(Financial Accountant); Kylie Harris (PA to the CEO); Debra Stoltz and Denis Byram (QAO
representatives)

The Recommendations from the Audit Committee were adopted without
discussion or further amendment.

Council Resolution

Moved:            Cr Wellington
Seconded:         Cr Pardon

The Audit Committee recommendations dated 4 February 2015 be adopted.
                                                                                      Carried.




1    GOVERNANCE REVIEW
     That the Audit Committee note the report by the Governance Advisor to the Audit
     Committee Meeting dated 4 February 2015 providing a summary of the Noosa Council
     Governance and Policy Review.


2    RISK MANAGEMENT UPDATE
     That the Audit Committee note the report by the Governance Advisor to the Audit
     Committee Meeting dated 4 February 2015 providing an update regarding Council’s Risk
     Management Program.



3    2013/14 INDEPENDENT AUDIT REPORT AND 2014/15 AUDIT PROCESS
     That the Audit Committee note the report by the Manager Financial Services to the Audit
     Committee Meeting dated 4 February 2015 regarding the Independent Auditors’ Report
     and changes between the draft financial statements and the final statements signed off by
     the Independent Auditor.




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Section 4

ORDINARY MEETING MINUTES                                                    12 FEBRUARY 2015


4   EXPRESSION OF INTEREST FOR INTERNAL AUDIT SERVICE
    That the Audit Committee note the report by the Executive Manager to the Audit Committee
    Meeting dated 4 February 2015 regarding the Expression of Interest for the provision of an
    internal audit service to Council, and:
    A.    Accept the EOI submitted by Crowe Horwath subject to:
          1.    A satisfactory outcome being negotiated regarding the quantum of any out of
                pocket expenses expected; and
          2.    Clarification about whether specialist technical advice is required in relation to
                the ICT audit.
    B.    Authorise the CEO to enter into an agreement with Crowe Horwath for an internal
          audit service subject to the satisfactory resolution of the issues identified in Item A
          above.



5   ICT SYSTEMS AND PROCESSES PRESENTATION
    That the Audit Committee note that a detailed briefing was provided to Scott Williams and
    Cameron Jaggers on 22 December 2014 by Council’s ICT Manager regarding Council’s
    ICT systems and processes.




                        This is not an official copy of Council’s Minutes
                                                                                    Page 4 of 11

Section 5

ORDINARY MEETING MINUTES                                                     12 FEBRUARY 2015


INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
3 FEBRUARY 2015 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon, Noel Playford
Other Councillors in Attendance: Crs Jurisevic and Wilkie

The Recommendations from the Infrastructure & Services Committee were
adopted without discussion or further amendment.

Council Resolution

Moved:            Cr Bolton
Seconded:         Cr Wilkie

The Infrastructure & Services Committee recommendations dated 3 February 2015 be adopted
                                                                                      Carried.



1    PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE - 2ND QUARTER 2014/15
     That Council note the report by the Director, Planning and Infrastructure to the
     Infrastructure and Services Committee Meeting dated 3 February 2015 providing an update
     on operations of the Planning and Infrastructure Department.


2    BUSHLAND RESERVE FIRE MANAGEMENT PLANNING
     That Council note the report by the Manager, Civil Operations and Principal Environment
     Officer, to the Infrastructure and Services Committee Meeting dated 3 February 2015 and:
     A.     Note that a review of fire management of Noosa’s Bushland Reserve Network has
            been completed;
     B.     Endorse the commencement of bushfire risk assessments, as per industry standard,
            by Planning and Environment Branch and Natural Areas staff for priority bushland
            reserves;
     C.     Endorse the development of a new Noosa Bushland Reserve Network Fire
            Management Plan by Planning and Environment Branch staff, in consultation with
            Civil Operations.



3    2014/15 CHRISTMAS FREE HOLIDAY BUSES SUMMARY
     That Council note the report by the Project Officer to the Infrastructure & Services
     Committee Meeting dated 3 February 2015 providing an overview of the 2014/15
     Christmas Free Holiday Buses program.


4    COMMUNITY SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2014/15
     That Council note the report by the Director Community Services to the Infrastructure &
     Services Committee Meeting dated 3 February 2014 providing an update on the operations
     of the Community Services Department for the period 1 October 2014 to 31 December
     2014.

                         This is not an official copy of Council’s Minutes
                                                                                  Page 5 of 11

Section 6

ORDINARY MEETING MINUTES                                                    12 FEBRUARY 2015


PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
3 FEBRUARY 2015 – Crs. Frank Wilkie (Chair), Joe Jurisevic, Noel Playford, Tony
Wellington

Other Councillors in Attendance: Nil.


The Recommendations from the Planning and Organisation Committee were
adopted without discussion or further amendment.

Council Resolution

Moved:           Cr Wilkie
Seconded:        Cr Jurisevic

The Planning & Organisation Committee recommendations dated 3 February 2015 be adopted.
                                                                                       Carried.




1    INFRASTRUCTURE CHARGES RESOLUTION AMENDMENT
     That Council note the report by the Infrastructure Assessment Coordinator to the Planning
     & Organisation Committee Meeting dated 3 February 2015 and adopt the “Noosa Shire
     Council Charges Resolution (No.2) 2014” (provided as Attachment 1 to the report) to take
     effect on Monday 16 February 2015 replacing the “Noosa Shire Council Adopted
     Infrastructure Charges Resolution (No.1) 2014”.


2    CORPORATE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2014/15
     That Council note the report by the Director Corporate Services to the Planning &
     Organisation Committee Meeting dated 3 February 2015 providing an update on operations
     of the Corporate Services Department.


3    NOOSAVILLE NIGHT MARKET TRIAL
     Item not dealt with by Planning & Organisation Committee.              Referred to General
     Committee for consideration.
     Reason for referral: Significance of issue


4    JANUARY 2015 RATE LEVY
     That Council note the report by the Manager Revenue Services to the Planning &
     Organisation Committee Meeting dated 3 February 2015 providing an overview of the
     January 2015 Rate Levy.




                        This is not an official copy of Council’s Minutes
                                                                                   Page 6 of 11

Section 7

ORDINARY MEETING MINUTES                                                                        12 FEBRUARY 2015


5                         OPERATIONAL PLAN PROGRESS REPORT - 2ND QUARTER 2014/15
DOCUMENT IN FOR MATI ON




                          That Council note the report by the Acting Chief Executive Officer to the Planning &
                          Organisation Committee Meeting dated 3 February 2015 providing an update on progress
                          with the implementation of the Operational Plan to 31 December 2014 and details of Key
                          Performance Indicators.


6                         EXECUTIVE OFFICE UPDATE - 2ND QUARTER 2014/15
                          That Council note the report by the Executive Manager to the Planning and Organisation
                          Committee Meeting dated 3 February 2015 providing an update on operations of the
                          Executive Office.


7                         PROPOSAL TO ADOPT MODEL LOCAL LAWS AND PROPOSAL TO MAKE
                          SUBORDINATE LOCAL LAWS
                          Item not dealt with by Planning & Organisation Committee.             Referred to General
                          Committee for consideration.
                          Reason for referral: Significance of issue



8                         SUNDALE GARDEN VILLAGE -
                          PLANNING & ENVIRONMENT COURT APPEAL NO. D215/2012
                          Item not dealt with by Planning & Organisation Committee.             Referred to General
                          Committee for consideration.

                          Reason for referral: Significance of issue.




                                            This is not an official copy of Council’s Minutes
                                                                                                       Page 7 of 11

Section 8

ORDINARY MEETING MINUTES                                                        12 FEBRUARY 2015


GENERAL COMMITTEE RECOMMENDATIONS
9 FEBRUARY 2015 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford and Frank Wilkie

1    NOOSAVILLE NIGHT MARKET TRIAL
     Cr Pardon declared a material personal interest in this matter (as defined in section 172 of the
     Local Government Act 2009) due to his joint business interests in the Noosaville Night Market.
     Cr Pardon left the meeting room for the debate and decision on this matter.
     Council Resolution

     Moved:             Cr Wellington
     Seconded:          Cr Jurisevic
     That Council note the report by the Property and Facilities Manager to the Planning &
     Organisation Committee Meeting dated 3 February 2015 and request the Noosaville
     Business Association to provide Council with a more detailed proposal that addresses the
     following:
     A.    The opportunity for businesses in Thomas Street to have market stalls;
     B.    The percentage of arts and craft stalls compared with food stalls;
     C.    Parking issues including the Homemaker Centre; and
     D.    Support from business operators in Thomas Street and Gympie Terrace for the new
           proposal.
                                                                                              Carried.
     Cr Pardon was absent for the vote on this item.
     Cr Pardon re-joined the meeting.


2    PROPOSAL TO ADOPT MODEL LOCAL LAWS AND PROPOSAL TO MAKE
     SUBORDINATE LOCAL LAWS
     Council Resolution

     Moved:            Cr Bolton
     Seconded:         Cr Pardon
     That Council note the report by the Governance Advisor to the Planning & Organisation
     Committee Meeting dated 3 February 2015, and:
     A.    Propose to adopt the proposed Noosa Shire Council Local Laws No 1 to No 6
           (inclusive) (provided at Attachment 1 to the report);
     B.    Propose to make the proposed Noosa Shire Council Subordinate Local Laws No 1 to
           No 6 (inclusive) (provided at Attachment 2 to the report) incorporating the following
           amendments:
           1.    Subordinate Local Law No. 1:
                    Page 32, Part 6, Item (c)(ii): Deletion of the word “four”
                    Page 37, Schedule 15, Item 6(f): Deletion of the word “landline”
           2.    Subordinate Local Law No. 3:
                      Page 4, Part 4, Section 7: Deletion of item (1)
                      Page 5, Part 5, Section 9 (c): Amend wording to read “smoke emitted
                       into the atmosphere in the urban area and the rural settlement zone that
                       causes a nuisance; other than a hazard reduction burn approved by an
                       authorised entity”
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                                                                                        Page 8 of 11

Section 9

ORDINARY MEETING MINUTES                                                             12 FEBRUARY 2015


                     Page 7, Schedule 3: Amend to read as follows:
              Column 1                           Column 2
              Applicable    part of local        Prohibited fire
              government’s area
              All urban areas within the local   (a) all fires less than 2 meters square except a fire in an
              government area.                       appliance used for domestic heating or cooking
                                                     purposes.
                                                 (b) all domestic heating and cooking appliances must
                                                     comply with the following Standards -
                                                     (i) AS/NZS 4012:2014 Domestic solid fuel burning
                                                           appliances – method for determination of power
                                                           output and efficiency; and
                                                     (ii) AS/NZS 4013:2014 Domestic solid fuel burning
                                                           appliances – method for determination of flue gas
                                                           emission; and

              The entire local government area   (a) Any material or wood containing paint, oil,
                                                     preservatives or other contaminates that are likely to
                                                     affect the air quality are not to be used as fuel in a fire.

              All local government controlled    (a) a fire that is not in a fireplace or barbeque that is
              parks, reserves and roads.             constructed or approved by the local government.


         3.     Subordinate Local Law No. 4, Page 7, Schedule 1, Part 2:
                   Amend definition of Portable Interchangeable Letter sign to read:
                    Portable Interchangeable Letter sign. A portable (including those with
                    built in wheels) self-supporting sign displaying interchangeable letters
                   Include an additional definition as follows:
                    Balloons. Includes any shape, form or thing filled with gas or air and used
                    to attract attention to a business or place.
    C.   Note that Council will consult with the public about the proposed Subordinate Local
         Laws for a period of 28 days and comply with the requirements of the public
         consultation process as outlined in the Local Law Making Process (provided at
         Attachment 3 to the report).
                                                                                    Carried.




5   KIN KIN QUARRY – PROPOSED
    BREACH ACTION TC 1899
    Council Resolution

    Moved:             Cr Wellington
    Seconded:          Cr Pardon
    That Council note the report by the Manager, Planning & Environment to the General
    Committee Meeting dated 9 February 2015 and resolve to address the breach of the
    development approval and conditions of the Kin Kin Quarry by Neilsens by instructing
    officers to take action in accordance with Options 1 and 3 outlined in the report, and
    authorise the CEO to make this information public once the actions have commenced.
                                                                                                     Carried.


                         This is not an official copy of Council’s Minutes
                                                                                               Page 9 of 11

Section 10

ORDINARY MEETING MINUTES                                                    12 FEBRUARY 2015



The following Recommendations from the General Committee were adopted
without discussion or further amendment.

Council Resolution

Moved:           Cr Bolton
Seconded:        Cr Pardon

The General Committee recommendations dated 9 February 2015 be adopted except where
dealt with or held over by separate resolution.
                                                                           Carried.




3    FINANCIAL PERFORMANCE REPORT – JANUARY 2015
     That Council note the report by the Director Corporate Services to the General Committee
     Meeting dated 9 February 2015 providing the January 2015 monthly financial performance
     report.




4    SUNDALE GARDEN
     VILLAGE – PLANNING & ENVIRONMENT COURT APPEAL NO. D215/2012
     That Council note the report by the Manager, Planning & Environment regarding Planning
     & Environment Court Appeal No. D215/2012 and authorise the Chief Executive Officer to
     finalise the appeal generally in accordance with the conditions contained in the Planning &
     Organisation Committee Agenda dated 3 February 2015.




                        This is not an official copy of Council’s Minutes
                                                                                 Page 10 of 11

Section 11

ORDINARY MEETING MINUTES                                                     12 FEBRUARY 2015


6    ORDINARY MEETING REPORTS

     Nil.




7    PETITIONS

     1      PETITION:  REQUEST TO COUNCIL TO DESIGNATE CHAPLIN PARK,
            NOOSAVILLE AS A DOG OFF LEASH AREA

            Council Resolution

            Moved:          Cr Bolton
            Seconded:       Cr Wilkie

            That the petition tabled by Cr Bolton requesting Council to designate Chaplin Park,
            Noosaville as a dog off leash area be received and referred to the Chief Executive
            Officer to determine appropriate action.
                                                                                      Carried.




8    CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 12 March 2015 in the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 6.26pm.




                         This is not an official copy of Council’s Minutes
                                                                                 Page 11 of 11

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