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2018-08-16 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting

           Thursday, 16 August 2018

                    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



                   “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                       16 AUGUST 2018



1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Councillor T Wellington, Mayor
    Councillor F Wilkie, Deputy Mayor
    Councillor J Jurisevic
    Councillor F Pardon
    Councillor B Stockwell

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Rogers, Director Community Services
    M Shave, Director Corporate Services
    K Rawlings, Director Environment & Sustainable Development
    D Iezzi, Director Executive Services
    C Billingham, Director Infrastructure Services

    APOLOGIES
    Councillor J Glasgow
    Councillor I Jackson

    The meeting commenced at 6pm.


2   CONFIRMATION OF MINUTES
    Council Resolution
    Moved:             Cr Wilkie
    Seconded:          Cr Pardon
    The Minutes of the Ordinary Meeting held on 19 July 2018 be received and confirmed.
                                                                                         Carried.


3   MAYORAL MINUTES
    Nil.




4   PETITIONS
    1      PETITION: REQUEST FOR NO FUTURE INCREASES TO GENERAL RATE
           Council Resolution
           Moved:           Cr Wellington
           Seconded:        Cr Wilkie
           That the petition tabled by Cr Wellington requesting that Council elect not to increase
           the general rate in the 2019/20 financial year and thereafter be received and referred
           to the Chief Executive Officer to determine appropriate action.
                                                                                          Carried.




                                                                                    Page 2 of 13

Section 3

ORDINARY MEETING MINUTES                                                         16 AUGUST 2018



    2      PETITION: REQUEST FOR CONSTRUCTION OF VISUAL/ ACOUSTIC BARRIER
           ALONG HEATHLAND DRIVE, SUNSHINE BEACH
           Council Resolution
           Moved:            Cr Wilkie
           Seconded:         Cr Pardon
           That the petition tabled by Cr Wilkie requesting that Council construct a visual/ acoustic
           barrier along Heathland Drive, Sunshine Beach be received and referred to the Chief
           Executive Officer to determine appropriate action.
                                                                                            Carried.




5   NOTIFIED MOTIONS
    Nil.




                                                                                       Page 3 of 13

Section 4

ORDINARY MEETING MINUTES                                                       16 AUGUST 2018


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS

PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 AUGUST 2018 - Crs Brian Stockwell (Chair) and Tony Wellington
Apologies: Crs Jess Glasgow and Ingrid Jackson
Other Councillors in attendance: Crs. Frank Wilkie and Frank Pardon

The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.

Council Resolution
Moved:           Cr Stockwell
Seconded:        Cr Jurisevic
The Planning & Environment Committee recommendations dated 7 August 2018 be adopted.
                                                                                         Carried.



1    DRAFT LOCAL GOVERNMENT INFRASTRUCTURE PLAN FOR THE NEW NOOSA
     PLAN
     That Planning & Environment Committee Agenda Item 1 be referred to the General
     Committee due to the significance of the issue.


2    MCU18/0009 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
     MULTIPLE HOUSING -TYPE 3 (RETIREMENT & SPECIAL NEEDS) AT 186 COOROY
     NOOSA ROAD, TEWANTIN
     That Planning & Environment Committee Agenda Item 2 be referred to the General
     Committee for a further report.


3    NOOSA BIOSPHERE RESERVE - 10 YEAR PERIODIC REVIEW
     That Planning & Environment Committee Agenda Item 3 be referred to the General
     Committee for further consideration.


4    UPDATE OF PARTICULAR COMMUNITY PROFILE DATA BASED ON 2016 CENSUS OF
     POPULATION AND HOUSING
     That Council note the report by the Principal Strategic Planner to the Planning & Environment
     Committee Meeting dated 7 August 2018 providing an update on particular community profile
     data based on the 2016 Census of Population and Housing.


5    ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 4TH
     QUARTER 2017-18
     That Council note the report by the Director Environment and Sustainable Development to
     the Planning and Environment Committee Meeting dated 7 August 2018 providing an update
     on operations of the Environment and Sustainable Development Department for the period
     1 April to 30 June 2018.



                                                                                    Page 4 of 13

Section 5

ORDINARY MEETING MINUTES                                                      16 AUGUST 2018


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
7 AUGUST 2018 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Nil.


2    PROPOSED LEASE OF SHOP 3 SUNRISE BEACH NEIGHBOURHOOD SHOPPING
     CENTRE, 2 GRASSTREE CT, SUNRISE BEACH
     Council Resolution
     Moved:             Cr Pardon
     Seconded:          Cr Wilkie
     That Council note the report by the Property Advisor to the Services & Organisation
     Committee Meeting dated 7 August 2018 regarding the commercial lease of Council
     premises at Shop 3, Sunrise Beach Neighbourhood Shopping Centre and:
     A.     Agree to enter a commercial lease of the premises to Casey Reid & Julie Sevier for a
            three year term;
     B.     Agree to an initial rent-free period of 3 months; and
     C.     Authorise the CEO to award two subsequent lease extensions of 3 years, subject to
            the lessee complying with the terms of the lease.
                                                                                    Carried.

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

Council Resolution
Moved:            Cr Jurisevic
Seconded:         Cr Pardon
The Services & Organisation Committee recommendations dated 7 August 2018 be adopted
except where dealt with or held over by separate resolution.
                                                                             Carried.




1    ROAD BRIDGES ASSET MANAGEMENT PLAN
     That Council note the report by the Asset Planning Manager to the Services & Organisation
     Committee Meeting dated 7 August 2018 and endorse the Road Bridges Asset Management
     Plan as a document that specifies the activities, resources and asset classes to achieve
     Noosa Council’s asset management objectives.


3    COOROY MEMORIAL HALL REFURBISHMENT PROJECT
     That Council note the report by Director Community Services and Project Manager,
     Infrastructure Services to the Services & Organisation Committee Meeting dated 7 August
     2018 and formally acknowledge the Cooroy Memorial Hall Association for the excellent result
     they achieved in refurbishing the Cooroy Memorial Hall.




                                                                                   Page 5 of 13

Section 6

ORDINARY MEETING MINUTES                                                      16 AUGUST 2018


4   REQUIREMENTS FOR WASTE CONTAINER STORAGE & RETRIEVAL UNDER LOCAL
    LAW 7
    That Council note the report by the Manager Waste and Environmental Health to the Services
    & Organisation Committee Meeting dated 7 August 2018 and:
    A.   Adopt the Council Policy – “Requirements Relating to Waste Containers” for storing,
         presenting for service and retrieving Waste after service” provided at Attachment 1;
         and
    B.   Note that that a Community Education Program outlining the Council Policy
         requirements followed by an enforcement program will be undertaken.


5   1718T112 TIMBER AND GREEN WASTE PROCESSING - TENDER ACCEPTANCE
    That Council note the report by the Waste Coordinator to the Services & Organisation
    Committee Meeting dated 7 August 2018 and:
    A.   Award tender 1718T112 Timber and Green Waste Processing to Mulch Management
         (Aust) Pty Ltd; and
    B.   Award the contract for an initial term of up to three (3) years, with an option to extend
         for three (3) terms of up to twelve (12) months each. The option to extend will be at
         Council’s own discretion and subject to the contractor’s ability to meet the requirements
         under the contract and pricing.


6   SOCIAL STRATEGY IMPLEMENTATION UPDATE 2017/2018
    That Council note the report by the Community Development Manager to the Infrastructure
    & Services Committee Meeting dated 7 August 2018 on the Social Strategy Implementation
    Plan after 2 years of operation and;
    A.   Request the Chief Executive Officer provide Council with an update and a revised
         action plan after a further twelve (12) months of operation;
    B.   Request the Chief Executive Officer to commence a review and update of the Noosa
         Social Strategy in 2018/19 for Council’s consideration in 2019/2020; and
    C.   Adopt the Social Charter as set out in Attachment 2 of the report noting that the
         document will be renamed the “2018 Noosa Council Social Justice Charter”.



7   LOCAL LAWS AMENDMENTS
    That Council note the report by the Governance Advisor to the Services & Organisation
    Committee Meeting dated 7 August 2018 and resolve:
    A.   To note Council has consulted with relevant government entities about the overall State
         interest in Administration and Other Local Laws (Amendment) Local Law (No.1) 2018;
         and
    B.   To implement the recommendations of the Public Interest Test Report about
         Administration and Other Local Laws (Amendment) Local Law (No.1) 2018 and
         Administration and Other Subordinate Local Laws (Amendment) Subordinate Local
         Law (No.1) 2018 (provided at Attachment 1); and
    C.   To make Administration and Other Local Laws (Amendment) Local Law (No.1) 2018
         as advertised (provided at Attachment 2); and


                                                                                    Page 6 of 13

Section 7

ORDINARY MEETING MINUTES                                                       16 AUGUST 2018


     D.   To make Administration and Other Subordinate Local Laws (Amendment) Subordinate
          Local Law (No.1) 2018 as advertised, subject to the inclusion, in section 8 (Amendment
          of sch 5 (State-controlled roads to which the local law applies) of the following –
          ‘For the purposes of the Transport Operations (Road Use Management) Act 1995,
          section 66(5)(b), the chief executive’s written agreement is subject to the limitations
          specified in a letter from the Department of Transport and Main Roads to the local
          government dated 19 June 2018 (provided at Attachment 3)’; and
     E.   To note the letter of the Department of Transport and Main Roads (provided at
          Attachment 4); and
     F.   To note that each of Administration and Other Local Laws (Amendment) Local Law
          (No. 1) 2018 and Administration and Other Subordinate Local Laws (Amendment)
          Subordinate Local Law (No. 1) 2018 contain anti-competitive provisions; and
     G.   To adopt, pursuant to section 32 of the Local Government Act 2009, a consolidated
          version of each of the following (provided at Attachment 5) –
          (i)     Noosa Shire Council Local Law No. 1 (Administration) 2015;
          (ii)    Noosa Shire Council Local Law No. 2 (Animal Management) 2015;
          (iii)   Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas,
                  Facilities and Roads) 2015;
          (iv)    Subordinate Local Law No. 1 (Administration) 2015;
          (v)     Subordinate Local Law No. 3 (Community Environmental Management) 2015;
          (vi)    Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
                  Roads) 2015;
          (vii) Subordinate Local Law No. 5 (Parking) 2015.
     H.   Authorise the CEO to coordinate the remaining procedural steps required to finalise
          the local law making process in accordance with Council’s adopted process.



8    COUNCILLOR REPRESENTATIVE ON NORTHERN SEQ REGIONAL ROADS AND
     TRANSPORT GROUP
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 7 August 2018 and appoint Cr Jurisevic to replace Cr Pardon as
     Council’s representative on the Northern SEQ Regional Roads and Transport Group.


9    NOOSA HOLIDAY PARKS UPDATE REPORT TO 30 JUNE 2018
     That Council note the report by the Property Manager to the Services & Organisation
     Committee Meeting dated 7 August 2018 providing an update on operations of the Noosa
     Holiday Parks for the period 1 January 2018 to 30 June 2018.


10   NOOSA AQUATIC CENTRE (NAC) FULL YEAR REPORT TO 30 JUNE 2018
     That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
     Organisation Committee meeting dated 7 August 2018, providing an update on the activities
     of the Noosa Aquatic Centre for the 2017/18 financial year.




                                                                                   Page 7 of 13

Section 8

ORDINARY MEETING MINUTES                                                    16 AUGUST 2018


11   THE J AND BICENTENNIAL COMMUNITY CENTRE (BCC) FULL YEAR REPORT TO 30
     JUNE 2018
     That Council note the report by The J & BCC Coordinator to the Services & Organisation
     Committee meeting dated 7 August 2018, providing an update on the activities of The J and
     BCC for the 2017/18 financial year.


12   NOOSA COMMUNITY SUPPORT (NCS) FULL YEAR REPORT TO 30 JUNE 2018
     That Council note the report by the Noosa Community Support (NCS) Coordinator to the
     Services & Organisation Committee meeting dated 7 August 2018, providing an update on
     the activities of NCS for the 2017/18 financial year.


13   NOOSA LEISURE CENTRE (NLC) FULL YEAR REPORT TO 30 JUNE 2018
     That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
     Organisation Committee meeting dated 7 August, 2018, providing an update on the activities
     of the Noosa Leisure Centre for the 2017/18 financial year.


14   WASTE MANAGEMENT - 6 MONTHLY REPORT
     That Council note the report by the Waste Coordinator to the Services and Organisation
     Committee Meeting dated 7 August 2018, providing an update on the activities of the Waste
     Management Section for the financial year 2017/18.


15   COMMUNITY SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2017-18
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee Meeting dated 7 August 2018 providing an update on the operations
     of the Community Services Department for the period 1 April to 30 June 2018.


16   CORPORATE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2017-18
     That Council note the report by the Director Corporate Services to the Services &
     Organisation Committee Meeting dated 7 August 2018 providing an update on operations of
     the Corporate Services Department for the period 1 April to 30 June 2018.


17   INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2017-18
     That Council note the report by the Director Infrastructure Services to the Services &
     Organisation Committee Meeting dated 7 August 2018 providing an update on operations of
     the Infrastructure Services Department for the period 1 April to 30 June 2018.


18   EXECUTIVE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2017-18
     That Council note the report by the Director Executive Services to the Services &
     Organisation Committee Meeting dated 7 August 2018 providing an update on operations of
     the Executive Services Department for the period 1 April to 30 June 2018.



                                                                                  Page 8 of 13

Section 9

ORDINARY MEETING MINUTES                                                    16 AUGUST 2018


19   OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2017-18
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 7 August 2018 providing an update on progress with the
     implementation of the Operational Plan to 30 June 2018 and details of Council’s Key
     Performance Indicators.




                                                                                  Page 9 of 13

Section 10

ORDINARY MEETING MINUTES                                                       16 AUGUST 2018


GENERAL COMMITTEE RECOMMENDATIONS
13 AUGUST 2018 – Crs. Frank Wilkie (Chair), Joe Jurisevic, Frank Pardon, Brian Stockwell
and Tony Wellington
Apologies: Crs. Jess Glasgow and Ingrid Jackson

3    NOOSA BIOSPHERE RESERVE – 10 YEAR PERIODIC REVIEW
     Council Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Pardon
     That Council note the report by the Executive Officer to the Planning & Environment
     Committee Meeting dated 7 August 2018 regarding the ‘Noosa Biosphere Reserve - 10 Year
     Periodic Review Report’ (provided at Attachment 1 to the report) to be lodged with UNESCO
     and:
     A.   Place on record Council’s sincere appreciation for the efforts of all who have
          contributed to the conservation and management of the Biosphere Reserve over the
          last 10 years; including:
               the numerous volunteers in the Noosa Biosphere Limited and its social, cultural,
                economic, environmental and tourism sector boards from 2008-2015;
               the present and past directors of the Noosa Biosphere Reserve Foundation and
                the committee of the Noosa Biosphere Community Association;
               the numerous research institutions and researchers who have helped make
                Noosa a ‘living laboratory’;
               all the sustainable development and conservation groups who have helped
                ensure that our development footprint sits within the landscape;
               our community groups that look after our heritage and our future;
               the business groups that promote a sustainable economy; and
               our intrepid band of ‘war on waste’ warriors, zero emission champions and land
                carers and bush carers who do the hard yards in nurturing the health of our
                ecosystems.
     B.   Acknowledge the work of our State and Federal government colleagues who manage
          and conserve our national parks, waterways, wetlands, flora and fauna; and seek their
          ongoing support in the future management of the Noosa Biosphere Reserve.
                                                                                        Carried.

5    1718T146 STORMWATER INFRASTRUCTURE CCTV INSPECTIONS - TENDER AWARD
     Council Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Jurisevic
     That Council note the report by the Technical Officer – Asset Management to the General
     Committee Meeting dated 13 August 2018 and the further report by the Director Infrastructure
     Services to the Ordinary Meeting dated 16 August 2018 and:
     A.   Defer consideration of the matter to a future Council meeting; and
     B.   Agree to the appointment of an independent evaluation panel to conduct an internal
          administrative review of the tender evaluation.
                                                                                        Carried.


                                                                                  Page 10 of 13

Section 11

ORDINARY MEETING MINUTES                                                        16 AUGUST 2018


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


Council Resolution
Moved:             Cr Wilkie
Seconded:          Cr Jurisevic
The General Committee recommendations dated 13 August 2018 be adopted except where dealt
with or held over by separate resolution.
                                                                               Carried.




1    DRAFT LOCAL GOVERNMENT INFRASTRUCTURE PLAN FOR THE NEW NOOSA
     PLAN
     That Council note the report by the Principal Strategic Planner and Infrastructure
     Assessment Coordinator to the Planning & Environment Committee Meeting dated 7 August
     2018 regarding the Draft Local Government Infrastructure Plan (LGIP) for the New Noosa
     Plan and:
     A.     Endorse the Draft Local Government Infrastructure Plan (LGIP) for the New Noosa
            Plan and supporting information provided at Attachment 1 to the report for the purpose
            of review by an Appointed Reviewer and the Minister for Local Government and
            Planning;
     B.     Engage an Appointed Reviewer to undertake a compliance assessment of the Draft
            LGIP;
     C.     Authorise Council’s Chief Executive Officer to:
            i.     Make changes to the Draft LGIP arising from the Appointed Reviewer’s
                   assessment where they are not significant and do not alter policy;
            ii.    Write to the Minister for Infrastructure and Planning requesting a review of the
                   proposed draft LGIP and the Minister’s approval to commence public
                   consultation on the proposed Draft LGIP;
            iii.   Make amendments to the draft LGIP if required by the Minister to gain approval;
                   and
            iv.    Follow the statutory process outlined in the Minister’s Guidelines and Rules
                   including undertaking public consultation on receiving the Minister’s approval.



2    MCU18/0009 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
     MULTIPLE HOUSING –TYPE 3 (RETIREMENT & SPECIAL NEEDS) AT 186 COOROY
     NOOSA ROAD, TEWANTIN
     Refer to further report at Item 4.




                                                                                    Page 11 of 13

Section 12

ORDINARY MEETING MINUTES                                                    16 AUGUST 2018


4   FURTHER REPORT - MCU18/0009 DEVELOPMENT APPLICATION FOR A MATERIAL
    CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 3 (RETIREMENT AND SPECIAL
    NEEDS) AT 186 COOROY NOOSA ROAD, TEWANTIN
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 7 August 2018 and the further report to the General Committee
    Meeting dated 13 August 2018 regarding Application No. MCU18/0009 for a Development
    Permit for Material Change of Use for Multiple Housing – Type 3 (Retirement and Special
    Needs) situated at 186 Cooroy Noosa Road, Tewantin and:
    A.   Approve the application and grant a Preliminary Approval subject to the conditions
         contained in the General Committee agenda dated 13 August 2018.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



6   BUDGET REVIEW 1 (BR1) FOR THE 2018/19 FINANCIAL YEAR
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 13 August 2018 and approve the proposed changes to the budget for the
    2018/19 financial year as outlined in the Revised Budget Financial Statements attached to
    the report.


7   FINANCIAL PERFORMANCE REPORT - JULY 2018
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 13 August 2018 outlining July 2018 year to date financial performance against
    budget.




                                                                                Page 12 of 13

Section 13

ORDINARY MEETING MINUTES                                                               16 AUGUST 2018


Council Resolution
Moved:            Cr Stockwell
Seconded:         Cr Jurisevic
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Council to reconsider Item 11 of the Services & Organisation Committee recommendations dated
7 August 2018.
                                                                                        Carried.


     11     THE J AND BICENTENNIAL COMMUNITY CENTRE (BCC) FULL YEAR REPORT
            TO 30 JUNE 2018
            Cr Wilkie declared a real conflict of interest in this matter (as defined in section 175D of the
            Local Government Act 2009) due to his position as Secretary of the Noosa Gymnastics Club.
            Cr Wilkie left the meeting room for the debate and decision on this matter.

            Council Resolution
            Moved:             Cr Jurisevic
            Seconded:          Cr Stockwell
            That Council note the report by The J & BCC Coordinator to the Services &
            Organisation Committee meeting dated 7 August 2018, providing an update on the
            activities of The J and BCC for the 2017/18 financial year.
                                                                                  Carried.
            Cr Wilkie returned to the meeting.




7    ORDINARY MEETING REPORTS

     Nil.




8    CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 20 September 2018 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 6.27pm.




                                                                                           Page 13 of 13

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