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2014-10-23 Ordinary Meeting Agenda

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                    AGENDA


           Ordinary Meeting


         Thursday, 23 October 2014

                  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 AGENDA                                    23 OCTOBER 2014


TABLE OF CONTENTS

ITEM                                                                   PAGE

1      ATTENDANCE & APOLOGIES                                            3
2      CONFIRMATION OF MINUTES                                           3
3      MAYORAL MINUTES                                                   3
4      NOTIFIED MOTIONS                                                  3
5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                        4
       INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS               4
       PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS                 6
       GENERAL COMMITTEE RECOMMENDATIONS                                 9
6      ORDINARY MEETING REPORTS                                         11
7      PETITIONS                                                        11
8      CLOSED SESSION                                             12
       1   POTENTIAL PURCHASE
           OF LAND AT PEREGIAN BEACH                                    12
9      NEXT MEETING                                                     16
10     MEETING CLOSURE                                                  16




                                                                Page 2 of 16

Section 3

ORDINARY MEETING AGENDA                                         23 OCTOBER 2014


1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES
    The Minutes of the Ordinary Meeting held on 25 September 2014 be received and
    confirmed.




3   MAYORAL MINUTES
    Nil.




4   NOTIFIED MOTIONS
    Nil.




                                                                      Page 3 of 16

Section 4

ORDINARY MEETING AGENDA                                                         23 OCTOBER 2014


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
14 OCTOBER 2014 - Crs Sandy Bolton (Chair), Frank Pardon, Noel Playford
Apology: Cr Bob Abbot
Other Councillors in Attendance: Crs Joe Jurisevic & Frank Wilkie



1    PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE
     That Council note the report by the Director, Planning and Infrastructure to the
     Infrastructure and Services Committee Meeting dated 14 October 2014 providing an
     update on operations of the Planning and Infrastructure Department.


2    COMMUNITY SERVICES DEPARTMENT UPDATE
     That Council note the report by the Director Community Services to the Infrastructure &
     Services Committee Meeting dated 14 October 2014 providing an update on the operations
     of the Community Services Department.


3    COMMUNITY GRANTS – CHRISTMAS CELEBRATIONS
     That Council note the report by the Community Development Coordinator to the
     Infrastructure & Services Committee Meeting dated 14 October 2014 and:
     A.    Fund the Kin Kin Community Group $1,200 under the Community Grants 2014/2015
           round for the Kin Kin Community Christmas Celebrations 2014; and
     B.    Fund the Lions Club of Cooroy and Pomona Inc. $1,500 under the Community Grants
           2014/2015 round for the Pomona Night of Lights 2014.


4    FUTURE USE OF BICENTENNIAL COMMUNITY CENTRE
     That Council note the report by the Manager Community Facilities to the Infrastructure &
     Services Committee Meeting dated 14 October 2014 and
     A.    Authorise the Chief Executive Officer to enter into a 10 year lease with Noosa
           Gymnastics Club Inc. for the main hall at the Bicentennial Community Centre (as identified
           in Attachment 1);
     B.    Authorise the Chief Executive Officer to enter into a 10 year lease to Noosa Christian
           Outreach Church to operate a Montessori School, if they are successful with their school
           accreditation, for the demountable building at the Bicentennial Community Centre (as
           identified in Attachment 1); and
     C.    Apply the exception to the requirement for tendering of these leases under Section
           236 (1) (b) (ii) of the Local Government Regulation 2012 as both leases are to
           community organisations.




                                                                                       Page 4 of 16

Section 5

ORDINARY MEETING AGENDA                                                    23 OCTOBER 2014


5    SYSTEMATIC INSPECTION PROGRAM – UNREGISTERED DOGS
     That Council note the report by the Coordinator - Local Laws to the Infrastructure &
     Services Committee Meeting dated 14 October 2014 and

     A.   Approve a Systematic Inspection Program for the Noosa Shire Council area in
          accordance with section 44 of the Animal Management (Cats & Dogs) Act 2008,
          noting that the inspection program will:-

          1.   consist of a house to house inspection of premises to identify unregistered dogs
               and gain compliance with statutory obligations from their owners; and
          2.   operate from 02/02/2015 to 29/05/2015; and

     B.   Request the Finance Manager to incorporate the additional cost and revenue of the
          program in the next quarterly budget review.




Recommendation

The Infrastructure & Services Committee recommendations dated 14 October 2014 be adopted
except where dealt with or held over by separate resolution.




                                                                                 Page 5 of 16

Section 6

ORDINARY MEETING AGENDA                                                       23 OCTOBER 2014


PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
14 OCTOBER 2014 – Crs. Frank Wilkie (Chair), Joe Jurisevic, Tony Wellington

Apologies: Cr Noel Playford

Other Councillors in Attendance: Cr Pardon, Cr Bolton

1    WASTE WATER FACILITY AUDIT PROGRAM
     That Council note the report by the Building and Plumbing Services Manager to the
     Planning and Organisation Committee Meeting dated 14th October 2014 and endorse the
     proposed waste water facility audit program to include site specific testing of existing waste
     water facilities within Noosa Shire.


2    REQUEST TO CHANGE A CONDITION OF EXISTING APPROVAL FOR A MATERIAL
     CHANGE OF USE AND RECONFIGURING A LOT FOR 174 DETACHED HOUSING
     LOTS AT GREENWOOD GROVE, GARNET ST COOROY -132004.240018.A
     Item not dealt with by Planning & Organisation Committee.              Referred to General
     Committee for consideration.
     Reason for referral: Request for further report addressing issues associated with
     the clearing of debris from the creek.


3    REQUEST TO EXTEND THE RELEVANT PERIOD FOR A DEVELOPMENT PERMIT
     FOR A MATERIAL CHANGE OF USE - PROFESSIONAL OFFICE, SITUATED AT 91-93
     POINCIANA AVENUE, TEWANTIN - 132005.2123.04
     That Council note the report by the Development Planner to the Planning & Organisation
     Committee Meeting dated 14 October 2014 and
     A.    Approve the request to extend the relevant period for a further two years;
     B.    Change Condition 11 to read as follows:
           11.   The Development Permit for a material change of use lapses if the use has not
                 happened by 20 September 2016, unless an application to extend the currency
                 is approved by Council; and
     C.    Agree to execute the associated Infrastructure Agreement for contributions in lieu of
           one on-site car parking space, prior to the issue of the Decision Notice.


4    TENURE OF LAND PURCHASED WITH THE ENVIRONMENT LEVY
     That Council note the report by the Environment Officer to the Planning and Organisation
     Committee Meeting dated 14 October 2014 regarding the land previously purchased with
     the Environmental Levy currently in state ownership and without conservation protection
     tenure and
     A.     Request the Chief Executive Officer to write to the Director-General of the
            Department of Environment and Heritage Protection seeking that Lot 12 SP148801,
            Lot 22 RP25570, Lot 7 MCH842016, Lot 2 RP800334 be gazetted as National Park;
            and
     B.     Note that officers are progressing with Department of National Park, Recreation,
            Sports and Racing the dedication of Lot 121 RP100974, Lot 2 RP165434, Lot 4
            RP136234 and Lot 2 RP111976 as Regional Park with Council as trustee.

                                                                                     Page 6 of 16

Section 7

ORDINARY MEETING AGENDA                                                    23 OCTOBER 2014


5   CORPORATE SERVICES DEPARTMENT UPDATE
    That Council note the report by the Director Corporate Services to the Planning &
    Organisation Committee Meeting dated 14 October 2014 providing an update on
    operations of the Corporate Services Department.


6   WASTE MANAGEMENT FEES AND CHARGES AMENDMENTS
    That Council note the report by the Director Corporate Services to the Planning &
    Organisation Committee Meeting dated 14 October 2014 and adopt the revised waste
    management fees and charges to apply for the remainder of the 2014/15 financial year
    from 1 November 2014 as set out in the report by the Director Corporate Services to the
    Planning & Organisation Committee Meeting.


7   NOOSA HEADS SURF LIFESAVING CLUB - PROPOSED LEASE TO COMMENCE
    OPERATIONS AT PEREGIAN BEACH
    That Council note the report by the Property and Facilities Manager to the Planning &
    Organisation Committee Meeting dated 14 October 2014 and:
    A.   Grant a 12 month permit to occupy to the Noosa Heads Surf Lifesaving Club over Lot
         165 MCH 5180 to enable it to establish surf lifesaving activities at Peregian Beach;
    B.   Authorise the CEO to enter into negotiations for a 20 year lease to the Noosa Heads
         Surf Lifesaving Club over Lot 165 MCH 5180 for surf lifesaving and ancillary activities
         at Peregian Beach; and
    C.   Apply the exception to the requirement for tendering of the lease under Section 236
         (1) (b) (ii) of the Local Government Regulation 2012 as the lease is to a community
         organisation.



8   STREET PERFORMANCE POLICY
    That Council note the report by the Property and Facilities Manager to the Planning &
    Organisation Committee Meeting dated 14 October 2014 and:
    A.   Repeal the Street Performance Operational Guidelines and Code of Conduct that
         transferred to the Noosa Council from the Sunshine Coast Regional Council under
         the Local Government (De-amalgamation Implementation) Regulation 2013; and
    B.   Approve the Street Performance Policy as shown as Attachment 1 attached to the
         report by Property and Facilities Manager to the Planning and Organisation
         Committee Meeting dated 14 October 2014 incorporating the following additional
         items:
         Guiding Principles (page 2, new dot point):
          The proposed activity must not present a potential danger to members of the
            public;
         Council Roles and Responsibilities (page 3, new dot point):
          Council reserves the right to cancel a permit on the basis of complaints received;
         and authorise the Chief Executive Officer to put in place administrative guidelines and
         tools required to implement the policy.



                                                                                  Page 7 of 16

Section 8

ORDINARY MEETING AGENDA                                                 23 OCTOBER 2014


9    EUMUNDI DOONAN VERRIERDALE - REQUEST FROM THE EDV RESIDENTS GROUP
     INC IN RELATION TO A PROPOSED BOUNDARY CHANGE
     Item not dealt with by Planning & Organisation Committee.        Referred to General
     Committee for consideration.
     Reason for referral: Significance of issue.



10   EXECUTIVE OFFICE UPDATE
     That Council note the report by the Executive Manager to the Planning and Organisation
     Committee Meeting dated 14 October 2014 providing an update on operations of the
     Executive Office.


11   COUNCIL MEETING SCHEDULE 2015

     Item not dealt with by Planning & Organisation Committee.        Referred to General
     Committee for consideration.

     Reason for referral: Cr Wellington suggests an alternative monthly meeting cycle.




Recommendation

The Planning & Organisation Committee recommendations dated 14 October 2014 be adopted
except where dealt with or held over by separate resolution.




                                                                              Page 8 of 16

Section 9

ORDINARY MEETING AGENDA                                                      23 OCTOBER 2014


GENERAL COMMITTEE RECOMMENDATIONS
20 OCTOBER 2014 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie

1    REQUEST TO CHANGE A CONDITION OF EXISTING APPROVAL FOR A MATERIAL
     CHANGE OF USE AND RECONFIGURING A LOT FOR 174 DETACHED HOUSING
     LOTS AT GREENWOOD GROVE, GARNET ST COOROY         -132004.240018.A -
     FURTHER REPORT
     That Council note the report by the Senior Development Planner to the Planning &
     Organisation Committee Meeting dated 14 October 2014 and the further report to the
     General Committee Meeting dated 20 October 2014 regarding a request to change existing
     approval 132004.240018 and defer consideration of the matter to a future Council meeting
     to allow further consideration and discussions with the owners of the adjacent
     properties.approve a change to Condition 65.1.2 as follows:
     Condition 65.1.2
     The remaining section of Garnet Street extending from the Pine Street intersection (and
     excluding the section to be upgraded to an external Urban Collector Road) to
     approximately inline with the eastern boundary of Lot 189 on MCH 976 shall be upgraded
     to an External Rural Distributor Road. The upgrading of Garnet Street shall also be
     designed to enable flood free access to the site during a 1 in 2 year Average Recurrence
     Interval (ARI) flood event with a maximum trafficable depth of 200mm for a 1 in 10 year ARI
     flood event and with the product of flow depth and velocity being less than 0.4m 2/s. This
     part of the road must be completed prior to the sealing of the survey plan for Stage 3 or any
     other subsequent stage of the development, unless an alternative agreement is entered
     into by the Developer and Council by way of an Infrastructure Agreement.



2    EUMUNDI DOONAN VERRIERDALE - REQUEST FROM THE EDV RESIDENTS GROUP
     INC IN RELATION TO A PROPOSED BOUNDARY CHANGE
     That Council note the report by the Chief Executive Officer to the Planning & Organisation
     Committee Meeting dated 14 October 2014 in relation to the request and submission by the
     EDV Residents Group Inc and:
     A.   Recognise that proposed boundary change issues should be initiated by the local
          community that is affected by the proposed change;
     B.   Note that there appears to be a significant overall community of interest between the
          EDV area and the Noosa Council community based on economic and social
          interactions;
     C.   Advise the EDV Residents Group Inc that Noosa Council would participate in any
          review process undertaken by the Change Commissioner if the Minister for Local
          Government makes a referral to the Local Government Change Commission
          pursuant to section 18 of the Local Government Act; and
     D.   Note that if the outcome of a review by the Local Government Change Commission
          was to result in a change to the boundary as proposed by the EDV Residents Group
          Inc, the Noosa Council would welcome the EDV community to Noosa.




                                                                                    Page 9 of 16

Section 10

ORDINARY MEETING AGENDA                                                 23 OCTOBER 2014


3   COUNCIL MEETING SCHEDULE 2015
    That Council note the report by the Personal Assistant to the CEO to the Planning &
    Organisation Committee Meeting dated 14 October 2014 and endorse the Council meeting
    dates for 2015 as shown at Attachment 1 to the report.


4   FINANCIAL PERFORMANCE - SEPTEMBER 2014
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 20 October 2014 providing the September monthly financial performance
    report.


5   SUBMISSION TO THE QUEENSLAND FISHERIES MANAGEMENT REVIEW 2014
    That Council note the report by the Director Planning & Infrastructure to the General
    Committee Meeting dated 20 October 2014 with regard to the Queensland Fisheries
    Management Review and resolve to:
    A.   Make a submission to the Department of Agriculture, Fisheries and Forestry in
         accordance with Attachment 1 to the report; and
    B.   Request the Department of Agriculture, Fisheries and Forestry to close the Noosa
         North Shore to commercial fisheries operations to allow the fishery resources to
         renew.




Recommendation

The General Committee recommendations dated 20 October 2014 be adopted except where
dealt with or held over by separate resolution.




                                                                             Page 10 of 16

Section 11

ORDINARY MEETING AGENDA                     23 OCTOBER 2014


6   ORDINARY MEETING REPORTS
    Refer to Item 8, Closed Session




7   PETITIONS




                                                Page 11 of 16

Section 12

ORDINARY MEETING AGENDA                                                                     23 OCTOBER 2014



8                            CLOSED SESSION

1                            POTENTIAL PURCHASE OF LAND
                             AT PEREGIAN BEACH
Docum e nt in for m ati on




Author                                  Brett de Chastel, Chief Executive Officer
                                        Executive Office

Index                                   ECM/ Subject/ Property Management/ Acquisition, Purchase, Disposal

Attachments                             Nil.



REASON FOR CLOSED SESSION
This report was considered in closed session in accordance with Section 275 (1) of the Local Government
Regulation 2012, which permits the meeting to be closed to the public for business relating to the
following:

(e)                          contracts proposed to be made by it




                                                                                                 Page 12 of 16

Section 13

ORDINARY MEETING AGENDA   23 OCTOBER 2014




                              Page 13 of 16

ORDINARY MEETING AGENDA                                      23 OCTOBER 2014

                                                                 Page 13 of 16

Section 14

ORDINARY MEETING AGENDA   23 OCTOBER 2014




                              Page 14 of 16

ORDINARY MEETING AGENDA                                      23 OCTOBER 2014

                                                                 Page 14 of 16

Section 15

ORDINARY MEETING AGENDA   23 OCTOBER 2014




                              Page 15 of 16

ORDINARY MEETING AGENDA                                      23 OCTOBER 2014

                                                                 Page 15 of 16

Section 16

ORDINARY MEETING AGENDA                                                23 OCTOBER 2014



9    NEXT MEETING

     The next Ordinary Meeting will be held on 20 November 2014 at the Peregian Beach Surf
     Lifesaving Club, Kingfisher Drive, Peregian Beach commencing at 6pm.




10   MEETING CLOSURE




                                                                            Page 16 of 16

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