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2014-04-03 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 3 April 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 3 APRIL 2014
TABLE OF CONTENTS
ITEM SUBJECT 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 AND SERVICES MEETING RECOMMENDATIONS 4
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS 7
GENERAL COMMITTEE RECOMMENDATIONS 10
6 ORDINARY MEETING REPORTS 15
7 PETITIONS 15
8 CLOSED SESSION 15
9 NEXT MEETING 15
10 MEETING CLOSURE 15
Page 2 of 15
Section 3
ORDINARY MEETING AGENDA 3 APRIL 2014
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 6 March 2014 be received and confirmed.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 3 of 15
Section 4
ORDINARY MEETING AGENDA 3 APRIL 2014
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE AND SERVICES MEETING RECOMMENDATIONS
25 MARCH 2014 - Crs Sandy Bolton (Acting Chair), Frank Pardon, Noel Playford
(Apology– Cr Bob Abbot)
Other Councillors in attendance: Crs Jurisevic, Wellington and Wilkie
APPOINTMENT OF CHAIRPERSON
The Infrastructure & Services Committee appointed Cr Bolton as the Chair of the Committee for
this meeting in the absence of Cr Abbot.
1 COMMUNITY GRANTS POLICY AND PROPOSED GRANTS FRAMEWORK
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
2 COMMUNITY INFRASTRUCTURE DEPARTMENT UPDATE
That Council note the report by the Interim Director, Community Infrastructure to the
Infrastructure & Services Committee dated 25 March 2014 providing an update on the
operations of the Community Infrastructure Department as part of establishing the new
Council.
3 GIBSON ROAD EXTENSION AND EARL STREET LAND REVIEW
That Council note the report by the Priority Infrastructure Planning & Infrastructure Charges
Officer to the Infrastructure & Services Committee dated 25 March 2014 and:
A. Agree to permit use of the Council owned vacant land at 14 to 18 Earl Street
Tewantin for community purposes in the short to medium term. This is to be limited
to a maximum 20 year lease, with options to extend the lease, subject to further and
ongoing transport planning reviews;
B. Note a full and comprehensive transport network planning review will be required to
inform the next Planning Scheme; and
C. Acknowledge the proposed future Gibson Road Extension will not occur within the
next 20 years in a future amendment to the Priority Infrastructure Plan.
Page 4 of 15
Section 5
ORDINARY MEETING AGENDA 3 APRIL 2014
4 NOOSA PARADE – BIKE LANES AND TRANSIT HUB
That Council note the report by the Project Design & Delivery Co-ordinator to the
Infrastructure & Services Committee Meeting dated 25 March 2014 and put on hold all
works in the area of the Noosa Parade bus facility including pavement overlays, until
planning is carried out and agreement reached on the full precinct that extends between
the Noosa Lions Park and the ‘Maze’ car park noting that:
A. The proposed construction plans for the provision of cycle lanes in Noosa Parade
between Noosa drive and the entrance to the Lions Park ($300,000) improve safety
for cyclists, but continue to represent a safety risk for pedestrians;
B. Translink will be briefing Council on the future public transport requirements for
Noosa Shire and this will provide Council with a better understanding of the status of
the Noosa Parade bus facility; and
C. The SEQ Cycle Network Grant totalling $110,000 for the provision of on-road cycle
lanes on Noosa Parade will need to be expended by June 2014, otherwise it will have
to be returned.
5 PROPOSED UPGRADE OF SHEPPERSONS LANE, KIN KIN
That Council note the report from the Coordinator, Assets and Investigations to the
Infrastructure and Services Committee Meeting dated 25 March 2014 and:
A. Resolve not to proceed with any further planning activities for the upgrade of
Sheppersons Lane, Kin Kin to a bitumen surface; and
B. Continue to monitor the condition and usage of Sheppersons Lane, Kin Kin as part of
the ongoing management of the Noosa Council gravel road network.
6 WEYBA CREEK ESPLANADE – BANK EROSION
That Council note the report from the Environment Officer (Rivers and Coast) to the
Infrastructure and Services Committee dated 25 March 2014 and note option 3 as outlined
in the report as its preferred option and refer consideration of this issue to the 2014/15
Budget processes.
7 WASTE RECYCLABLES DISPOSAL OPTIONS
That Council note the Report by the Coordinator, Waste Management to the Infrastructure
and Services Committee dated 25 March 2014 regarding the proposed agreement with
VISY Recycling for the processing of collected recyclable material.
Page 5 of 15
Section 6
ORDINARY MEETING AGENDA 3 APRIL 2014
Closure of the Meeting to the Public
The meeting was closed to the public pursuant to section 275(1) (e) of the Local Government
Regulation 2012 for the purpose of discussing Item 8 - Closed Session Item:
Proposed Recycling Agreement with Visy Recycling.
Re-opening of Meeting to the Public
The meeting was re-opened to the public.
8 CLOSED SESSION ITEM: PROPOSED RECYCLING
AGREEMENT WITH VISY RECYCLING
That Council note the Report by the Coordinator Waste Management to the Infrastructure
and Services Meeting Report dated 25 March 2014 and
A. Enter contractual agreement for the processing of recyclable material collected from
domestic recycling bins and bulk recycling bins with VISY Recycling operating at the
SCRC Materials Recycling Facility, proceeding under the provisions of Section 235
(a) and (b) of the Local Government Regulations that Council is satisfied that there is
only one supplier who is reasonably available; and that due to the specialised nature
of the services that are sought, it would be impractical to invite open tenders; and
B. Authorise the Chief Executive Officer to sign the Agreement with VISY Recycling for
the processing of domestic recyclable material at the Sunshine Coast Regional
Council Material Recovery Facility commencing on 4 April 2014 and ending 9 July
2021.
Recommendation
The Infrastructure & Services Committee recommendations dated 25 March 2014 be adopted
except where dealt with or held over by separate resolution.
Page 6 of 15
Section 7
ORDINARY MEETING AGENDA 3 APRIL 2014
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
25 MARCH 2014 - Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
Other Councillors in attendance: Cr Pardon
1 COMMUNITY & DEVELOPMENT DEPARTMENT UPDATE
That Council note the report by the Interim Director, Community & Development to the
Planning & Organisation Committee dated 25 March 2014 providing an update on the
operations of the Community & Development Department as part of establishing the new
Council.
2 KIN KIN QUARRY BACKGROUND
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
3 MAKEPEACE ISLAND, PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF
2014
That Council note the report by the Coordinator, Development Assessment titled
Makepeace Island, Planning & Environment Court Appeal No. D14 of 2014 in respect to
development approval MCU13/0064 for Visitor Accommodation Type 4 Conventional at
Makepeace Island, Noosa North Shore and agree to defend the appeal.
4 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR MATERIAL
CHANGE OF USE FOR A MIXED USE COMMUNITY TITLE DEVELOPMENT AT EENIE
CREEK RD, 99 & 191 HOLLETT RD NOOSAVILLE AND 106, 108-142 TIDSWELL RD
WEYBA DOWNS
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
5 CREDIT CARD SURCHARGE FEES
That Council note the report by the Coordinator Financial Services to the Planning &
Organisation Committee dated 25 March 2014 and agree to introduce a credit card
surcharge of 0.55% to apply to all Visa and MasterCard payments received, to be
implemented as soon as practicable.
Page 7 of 15
Section 8
ORDINARY MEETING AGENDA 3 APRIL 2014
6 FINANCIAL PERFORMANCE – FEBRUARY 2014
That Council note the report by the Coordinator Financial Services to the Planning &
Organisation Committee dated 25 February 2014 detailing the Council’s financial
performance for February 2014.
7 OVERVIEW OF JANUARY RATE LEVY
That Council note the report by the Co-ordinator Revenue Services to the Planning &
Organisation Committee dated 25 March 2014 providing an overview of the January 2014
Rate Levy.
8 SOLE AND SPECIALISED SUPPLIER LISTINGS
That Council note the report by the Procurement Officer to the Planning & Organisation
Committee dated 25 March 2014 and:
A. Adopt the Sole Supplier List shown as Attachment 1 to the report with the deletion of
the provision of Local Public Bus Advertising by Gotransit Media Group Pty Ltd; and
B. Adopt the Specialised Supplier List shown as Attachment 2 to the report.
9 BOREEN POINT CAMPGROUND MANAGEMENT SERVICE AGREEMENT – TENDER
1314T001
That Council note the report by the Property Officer, Property and Land Management to the
Planning & Organisation Committee dated 25 March 2014 and:
A. Award contact 1314T001 to Crimmins Enterprises Pty Ltd for the Boreen Point
Campground Management Service Agreement for an initial three year period
commencing 7 April 2014 and expiring 6 April 2017, and
B. Authorise Property and Land Management to exercise future options to extend the
contract for a further two (2) periods by twelve (12) months subject to satisfactory
performance.
10 TRANSFER OF NOOSAVILLE SLIPWAY LEASE – 4 MILL STREET, NOOSAVILLE
That Council note the report by Property Officer, Property and Land Management to the
Planning & Organisation Committee dated 25 March 2014 and approve the transfer of the
Noosaville Slipway sub-lease to Ross Blair and Peta Cave, trading as Noosa River
Slipway, and seek Ministerial consent for the transfer as required under section 322 of the
Land Act 1994.
11 EXPRESSION OF INTEREST FOR LEASE AT 33 RINGTAIL CREEK ROAD, RINGTAIL
CREEK
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Page 8 of 15
Section 9
ORDINARY MEETING AGENDA 3 APRIL 2014
12 ROADMAP FOR COUNCIL PRIORITIES
That Council note the report by the Chief Executive Officer to the Planning and
Organisation Committee dated 25 March 2014 and adopt the roadmap as a guide for
prioritisation of issues until such time as the Council adopts its first Corporate Plan.
13 NEW COUNCIL CORPORATE PLAN
That Council note the report by the Chief Executive Officer to the Planning and
Organisation Committee dated 25 March 2014 and commence the process of establishing
a new Corporate Plan for the Noosa Shire Council based on the process and approach
outlined in the Chief Executive Officer’s report.
14 EXECUTIVE OFFICE UPDATE
That Council note the report by the Chief of Staff to the Planning & Organisation Committee
dated 25 March 2014 providing an update on the operations of the Executive Office as part
of establishing the new Council.
15 MEDIA RELATIONS POLICY
That Council note the report by the Chief of Staff to the Planning & Organisation Committee
dated 25 March 2014 and adopt the Media Relations Policy shown as Attachment 1 to the
report with the deletion of the third dot point under “Protocols”.
16 COUNCILLOR REPRESENTATION ON COUNCIL COMMITTEES AND EXTERNAL
ORGANISATIONS
That Council note the report by the Administration Officer, Executive to the Planning &
Organisation Committee dated 25 March 2014 and:
A. Establish a Performance Review Committee for the purpose of conducting the annual
performance appraisals of the CEO and Directors, with membership comprising the
Mayor (Chair) and Cr <**>, Bolton, and the relevant Committee Chairs for the
performance appraisals of the Directors;
B. Appoint Cr Bob Abbot as Chair, and Councillors Noel Playford and Tony Wellington
as Deputy Chairs of the Local Disaster Management Group;
C. Note Council’s membership of the Council of Mayors (SEQ) until 30 June 2014;
D. Appoint Cr Frank Wilkie as Council’s representative on Tourism Noosa; and
E. Appoint Cr Bob Abbot as Council’s representative on the Roads and Transport
Alliance.
Recommendation
The Planning & Organisation Committee recommendations dated 25 March 2014 be adopted
except where dealt with or held over by separate resolution.
Page 9 of 15
Section 10
ORDINARY MEETING AGENDA 3 APRIL 2014
GENERAL COMMITTEE RECOMMENDATIONS
31 MARCH 2014 – Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie
1 COMMUNITY GRANTS POLICY AND PROPOSED GRANTS FRAMEWORK – FURTHER
REPORT
That Council note the report by the Sport and Community Development Coordinator and
the Manager of Community Services to the Infrastructure and Services Committee Meeting
dated 25 March 2014 and the further report to the General Committee Meeting dated 31
March 2014 and:
A. Repeal the Community Grants Policy that transferred to the Noosa Council from the
Sunshine Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation;
B. Adopt the amended Community Grants Policy (Attachment 1 to the General
Committee report);
C. Adopt the proposed amended grants framework and criteria (Attachment 2 - as tabled
at the General Committee Meeting); and
D. Delegate to the CEO the development of operational requirements for the application
and distribution of community grants to ensure compliance with the adopted Policy
and relevant legislative requirements.
2 KIN KIN QUARRY BACKGROUND
That Council note the report by Coordinator, Development Assessment to the Planning &
Organisation Committee dated 25 March 2014 on the Kin Kin Quarry background and:
A. Note that Council officers will actively monitor the quarry operations to ensure the
conditions of the development approval are met, noting that the Department of
Environment and Heritage Protection are the administering authority for
environmental matters;
B. Write to the Department of Environment and Heritage Protection and seek their
confirmation that the Department’s officers will actively monitor the quarry’s
operations for compliance with the conditions of the Environmentally Relevant Activity
Permit;
C. Write to the Department of Transport and Main Roads and advise them of the Council
and community’s concerns that Kin Kin Pomona Road is not of an appropriate
standard and design to cater for additional quarry trucks; and
D. Note the Sunshine Coast Regional Council resolution of 19 September 2013 and
confirm that Noosa Council will set load limits and use restrictions on its local roads
via section 6 of Local Law Number 4 (Local Government Controlled Areas, Facilities,
Infrastructure and Roads) 2011 should the quarry operations adversely impact on the
safety and standard of local roads in the area.; and
E. Authorise the Chief Executive Officer to seek legal opinion regarding Council’s ability
to determine an annual capacity limit on the Kin Kin Quarry in light of the Noosa
Council motion of 27th November 2003, and more specifically, Judge Dodds’
judgement of the P&E Court in December 2010.
Page 10 of 15
Section 11
ORDINARY MEETING AGENDA 3 APRIL 2014
3 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR MATERIAL
CHANGE OF USE FOR A MIXED USE COMMUNITY TITLE DEVELOPMENT AT EENIE
CREEK RD, 99 & 191 HOLLETT RD NOOSAVILLE AND 106, 108-142 TIDSWELL RD
WEYBA DOWNS
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 past position as an Executive Member of
the Noosa Residents and Ratepayers Association who have previously made a submission
against the Development Application. 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:
A. REFUSE Application No. MCU12/0208 for a Preliminary Approval for Material
Change of Use under Section 242 of the Sustainable Planning Scheme 2009 to vary
the effect of The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a
mixed use community title development situated at Eenie Creek Rd, 99 & 191 Hollett
Rd, Noosaville and 106 & 108-142 Tidswell Rd Weyba Downs for the following
reasons:
1. The development conflicts with the Desired Regional Outcomes of the South
East Queensland Regional Plan as it does not represent sustainable expansion
of the region’s urban footprint.
2. The development is inconsistent with the South East Queensland Koala
Conservation State Planning Regulatory Provisions as it results in clearing of
koala habitat.
3. The development raises substantial conflicts with The Noosa Plan and
Maroochy Plan 2000 and fundamentally offends their land use intents.
4. The development will have a net adverse impact on koala conservation values.
5. The development will have unacceptable impacts on the ecological values of
the site and its environs including:
i. Habitat and water quality of wetlands and waters of the Lake Weyba
and Noosa River systems;
ii. Flora and Fauna including rare and threatened species; and
iii. Existing fauna corridors.
6. The development represents an inefficient and poorly located extension to
Noosa’s urban footprint and will result in unacceptable social and sustainability
outcomes in regard to:
i. Pedestrian and cycle connectivity;
ii. Accessibility to activity centres and transport nodes;
iii. Public transport provision;
iv. Residents’ level of car dependency; and
v. Delivery and ongoing maintenance of infrastructure.
7. The applicant has not satisfactorily demonstrated the development will not
adversely impact on Aboriginal cultural heritage values.
8. The development is located outside areas planned for urban infrastructure and
will adversely impact on the existing trunk infrastructure network.
Page 11 of 15
Section 12
ORDINARY MEETING AGENDA 3 APRIL 2014
9. The development provides insufficient social infrastructure to meet the needs of
its future residents.
10. The development would use limited remaining treatment capacity at Noosa’s
sewage treatment plant at the opportunity cost of planning for future
development in the Noosa area.
11. The development will have unacceptable impacts on Walter Hay Drive’s
function and role as Noosa’s preferred primary entrance route.
12. The development will have undesirable impacts on the scenic amenity and
natural character of the area and the inter-urban break experienced along
Walter Hay Drive.
13. The development’s residential intensity significantly exceeds reasonable
expectations for existing local residents and adjacent visitor accommodation
businesses and will unduly impact on the area’s amenity.
14. The development poses unacceptable risks to people and property due to
bushfire hazard.
15. The development will place residents at unacceptable exposure levels to
mosquitos, biting midges and associated arboviruses, the management of
which is likely to result in financial impositions on Council.
16. Concurrence Agency conditions directed by the Department of Environment &
Heritage Protection significantly impact on the development’s functionality and
would result in a substantially different development. The conditions require
significant changes, which would also be likely to cause additional persons to
make submissions objecting to the changes if circumstances allowed.
17. The applicant has not demonstrated sufficient grounds exist to overcome the
development’s conflicts with relevant assessment instruments.
B. Refuse that part of the application that falls within the Sunshine Coast Council local
government area, as directed by the Sunshine Coast Council in its concurrence
agency response dated 5 February 2014.
4 EXPRESSION OF INTEREST FOR LEASE AT 33 RINGTAIL CREEK ROAD, RINGTAIL
CREEK
Cr Bolton declared a perceived conflict of interest in this matter (as defined in section 173
of the Local Government Act 2009) due to her residence being in the locality of the lease
area. Cr Bolton 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.
That Council note the report by Property Officer, Property and Land Management to the
Planning & Organisation Committee dated 25 March 2014 and agree to seek Expressions
of Interest (EOI) for Lease Area A on Lot 1 SP230071 of 33 Ringtail Creek Road, Ringtail
Creek., with the following addition to the assessment criteria:
6. Minimal or no adverse impact on the amenity of nearby residents.
Page 12 of 15
Section 13
ORDINARY MEETING AGENDA 3 APRIL 2014
5 PROPOSED ORGANISATIONAL STRUCTURE FOR NOOSA SHIRE COUNCIL
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 31 March 2014 in relation to the new Organisational Structure and:
A. Adopt the Organisational Structure and EFT levels as set out in Attachment 2 of the
report;
B. Note that five areas have been identified for further consideration; and
C. Authorise the Chief Executive Officer to take all necessary action to implement the
new Organisational Structure.
6 NOOSA BIOSPHERE RESERVE – REVIEW OF MANAGEMENT MODEL
That Council note the report by the Noosa Biosphere Reserve Working Group to the
General Committee Meeting dated 31 March 2014 in relation to the review of the Noosa
Biosphere Reserve Management Model and:
A. Note the community consultation that has been undertaken to date and the key
issues that arose as part of that community consultation;
B. Adopt the proposed Noosa Biosphere Reserve Management Model as set out in the
report by the Noosa Biosphere Reserve Working Group for the purpose of further
consultation;
C. Seek further input from the community via a community consultation session to be
held on 15 April 2014 and also seek further feedback from the Sector Board
members about their preferred roles within the new arrangement; and
D. Request the Noosa Biosphere Reserve Working Group to report back to the Council
once that further community consultation has been undertaken.
Closure of the Meeting to the Public
The meeting was closed to the public pursuant to section 275 (1)(f) of the Local Government
Regulation 2012 for the purpose of discussing Item 4 - Closed Session Item: Not For Public Release
– Multispan – Planning & Environment Court Appeal No. 4341 of 2013.
Re-opening of Meeting to the Public
The meeting was re-opened to the public.
7 CLOSED SESSION ITEM: MULTISPAN – PLANNING &
ENVIRONMENT COURT APPEAL NO. 4341 OF 2013
That Council note the report by the Coordinator, Development Assessment to the General
Committee Meeting dated 31 March 2014 and:
A. Resolve that it regards a roundabout at the intersection of Woodland Drive and David
Low Way, Peregian Beach as undesirable and that it would not accept such works;
and
B. Request Council’s Solicitor for the Planning & Environment Court Appeal No 4341 of
2013 to advise the appellant of Council’s decision.
Page 13 of 15
Section 14
ORDINARY MEETING AGENDA 3 APRIL 2014
Recommendation
The General Committee recommendations dated 31 March 2014 be adopted except where dealt
with or held over by separate resolution.
Page 14 of 15
Section 15
ORDINARY MEETING AGENDA 3 APRIL 2014
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 1 May 2014 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 15 of 15