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2018-04-19 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 19 April 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 19 APRIL 2018
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
K Contini, Acting Director Community Services
APOLOGIES
Nil.
The meeting commenced at 6.01pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 15 March 2018 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 PETITIONS
1 PETITION: REQUEST FOR NOOSA WATERFRONT RESTAURANT & BAR TO BE
ABLE TO USE PARKLAND AREA BESIDE RESTAURANT FOR WEDDING
CEREMONIES AND RELATED ACTIVITIES
Council Resolution
Moved: Cr Jackson
Seconded: Cr Pardon
That the petition tabled by Cr Jackson requesting that Council approve the use of a
small area of land adjacent to Noosa Waterfront Restaurant & Bar for wedding
ceremonies and related activities, review its proposed restrictions on the use of this
land so as to enable its occasional use, and negotiate with State agencies to reach a
resolution enabling the use of the area as requested be received and referred to the
Chief Executive Officer to determine appropriate action.
Carried.
Page 2 of 14
Section 3
ORDINARY MEETING MINUTES 19 APRIL 2018
5 NOTIFIED MOTIONS
1 NOOSA COUNCIL COMMITTEE MINUTES
Moved: Cr Jackson
That Council resolve that:
A. The Chief Executive Officer ensures minutes of General Committee meetings are
taken and then confirmed at the following General Committee meeting, with a
copy of the General Committee minutes available for inspection by the public at
Noosa Council’s public office and on its website, as delineated in Local
Government Regulation 2012 Section 272.
B. Minutes of General Committee meetings include all recommended motions and
proposed amendments put, state whether carried or lost, and note the
recommendations made, including referral to any subsequent meeting.
C. The Planning and Environment Committee and the Services and Organisation
Committee are exempted from the requirement to take minutes of proceedings
under Local Government Regulation 2012 Section 272(6) because the only
function of these committees is to make recommendations that are referred to a
subsequent committee meeting or an Ordinary Meeting.
The motion lapsed for want of a seconder.
Page 3 of 14
Section 4
ORDINARY MEETING MINUTES 19 APRIL 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 APRIL 2018 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Nil.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
The Planning & Environment Committee recommendations dated 10 April 2018 be adopted.
Carried.
1 PLANNING & ENVIRONMENT COURT APPEAL NO. 456/2018 - REFUSAL OF
DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT AT 2 DAVID LOW WAY,
CASTAWAYS BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 April 2018 regarding Planning & Environment
Court Appeal No. 456/2018 and agree to defend the appeal.
2 PLANNING & ENVIRONMENT COURT APPEAL NO. D30 OF 2018 - NEGOTIATED
DECISION NOTICE FOR RECONFIGURING A LOT AT 29 & 35A TAIT ST & 30 EAGLE
DVE, TEWANTIN
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 April 2018 regarding Planning & Environment
Court Appeal No. D30 of 2018 and agree to defend the appeal.
3 RAL17/0504 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT
INTO 4 LOTS) AT 135 LAKE WEYBA DRIVE, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 April 2018 regarding Application No. RAL17/0504 for a
Development Permit for Reconfiguring of a Lot (1 Lot into 4 Lots) situated at 135 Lake Weyba
Dr Noosaville and:
A. Refuse the application for the following reasons:
1. The proposed development does not demonstrate compliance with the Natural
Hazards Overlay Code as it comprises the safety of people and property from
the site’s residual flood and bushfire risks.
2. The proposed development is contrary to the Natural Hazards Overlay Code and
Reconfiguring a Lot Code as the proposed lots are located within a flood hazard
area and the proposal seeks to fill the site in an attempt to make it suitable for
the development.
Page 4 of 14
Section 5
ORDINARY MEETING MINUTES 19 APRIL 2018
3. There is no effective evacuation route that remains passible, with sufficient flood
warning time, to enable people to progressively evacuate from the site or an area
that allows for safe congregation and refuge during a probable maximum flood.
4. The proposed development is likely to further burden disaster management
response and capacity during flood events.
5. The proposed lots are located on land that is subject to bushfire hazard and the
proposed development relies on inappropriate bushfire mitigation measures to
maintain the safety of people and property.
6. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal has the potential to impact on the koala habitat values of the site
including the habitat values of the wetland and the species assemblages it
supports.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 COMMUNITY BUSHLAND CARE OPERATIONAL GUIDELINES
Item not dealt with by Planning & Environment Committee. Referred to General Committee
for a further report.
Page 5 of 14
Section 6
ORDINARY MEETING MINUTES 19 APRIL 2018
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 APRIL 2018 – Crs Frank Pardon (Acting Chair) & Tony Wellington
Apology: Crs Joe Jurisevic & Frank Wilkie
Other Councillors in attendance: Crs Ingrid Jackson & Brian Stockwell
APPOINTMENT OF CHAIRPERSON
Moved: Cr Wellington
Seconded: Cr Pardon
That the Committee appoint Cr Pardon as the Acting Chairperson for the meeting.
Carried.
1 COOROY RV STOPOVER MANAGEMENT MODEL - PROPOSED EXPRESSIONS OF
INTEREST FOR NEW FREEHOLD PERMIT
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 Cooroy Chamber of Commerce Inc who may
submit an EOI for management of the Cooroy RV Stopover. 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.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Property Advisor to the Services and Organisation
Committee Meeting dated 10 April 2018 regarding the Cooroy RV Stopover and agree to
proceed to a new Expression of Interest process to identify a suitable Cooroy community
group to offer a Freehold Permit for the site, as detailed in the report.
Carried.
Cr Pardon voted in favour of the motion.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Glasgow
The Services & Organisation Committee recommendations dated 10 April 2018 be adopted except
where dealt with or held over by separate resolution.
Carried.
Page 6 of 14
Section 7
ORDINARY MEETING MINUTES 19 APRIL 2018
2 NOOSA NORTH SHORE BEACH CAMPGROUND - PROPOSED MANAGEMENT
AGREEMENT EXTENSION
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 10 April 2018 and authorise the Chief Executive Officer to enter
into an extension to the current agreement with Beachfront Caravan Park Pty Ltd for 11
months commencing 1 June 2018.
3 FINANCIAL SUPPORT FOR POMONA ARTS INC.
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for further consideration.
4 NOOSA LOCAL RECOVERY SUBPLAN 2018
That Council note the report by the Local Disaster Coordinator to the Services & Organisation
Committee Meeting dated 10 April 2018 and adopt the Noosa Local Recovery Subplan 2018
(provided at Attachment 1 to the report).
5 DESIGNATION OF WASTE AND RECYCLING COLLECTION AREAS, SERVICE
FREQUENCIES AND APPROVED CONTAINERS UNDER LOCAL LAW NO.7 (WASTE
MANAGEMENT) 2018
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 10 April 2018 and in support of the provisions of
Local Law No.7 (Waste Management) 2018, Council agree to:
A. Define the Waste Collection Area for Noosa Shire as the area shown on Attachment 1
to the report – “Defined Waste Collection Area”;
B. Define the Recycling Collection Area for recyclable waste for Noosa Shire as the area
shown on Attachment 2 to the report – “Defined Recycling Collection Area”;
C. Define the 3 bin waste collection service in Noosa Shire as the collection of the contents
of a standard general waste container, a standard recycling container and a standard
garden waste recycling container;
D. Define the areas of Noosa Shire where a 3 bin waste collection service will be provided
to single residential premises and duplexes as the areas within the boundaries of the
townships as detailed in Attachment 3 to the report - “11 Maps – detailing the
boundaries of Township areas for the 3 bin waste collection service”;
E. Define the areas of the Noosa Shire where an Optional Garden Waste Recycling
Collection Service can be requested by the owner of any premises which are:
1. Located within the boundaries of the Township areas as detailed in Attachment
3 to the report, but are not a single residential dwellings or a duplex; or
2. Located outside the boundaries of the Township areas but are within 5 kilometres
of the boundary of any Township as detailed in Attachment 3 to the report;
F. Approve the standard general waste containers to be used in Noosa Shire as detailed
in Attachment 4 to the report - “Approved Standard Waste Containers in Noosa Shire”;
Page 7 of 14
Section 8
ORDINARY MEETING MINUTES 19 APRIL 2018
G. Specify the minimum service frequency for domestic, commercial and industrial waste
containers as once per week, with provision for additional services or special services
up to a frequency of daily at the request of the owner, subject to approval by the Chief
Executive Officer depending upon location of the premises requesting the service;
H. Specify the minimum service frequency for recycling containers for recyclable material
as once per fortnight, with provision for additional services or special services at the
request of the owner, to a frequency as determined by the Chief Executive Officer
depending upon the location of the premises requesting the service; and
I. Specify the minimum service frequency for garden waste recycling containers
containing recyclable garden waste as once per fortnight, where they are located in the
3 bin waste collection service area or the optional garden waste service area.
6 NOOSA MAIN BEACH SAND RECYCLING SYSTEM ASSET MANAGEMENT PLAN
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 10 April 2018 and adopt the Noosa Main Beach Sand Recycling
System (SRS) Asset Management Plan provided at Attachment 1 to the report.
7 EXTENSION OF APPOINTMENT FOR EXTERNAL MEMBERS OF AUDIT AND RISK
COMMITTEE
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for further consideration.
8 PROPOSED AMENDMENTS TO LOCAL LAWS
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for a further report.
Page 8 of 14
Section 9
ORDINARY MEETING MINUTES 19 APRIL 2018
GENERAL COMMITTEE RECOMMENDATIONS
16 APRIL 2018 – Crs. Ingrid Jackson (Acting Chair), Jess Glasgow, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.
Apology: Cr Frank Wilkie
APPOINTMENT OF CHAIRPERSON
Moved: Cr Wellington
Seconded: Cr Pardon
That the Committee appoint Cr Jackson as the Acting Chairperson for the meeting.
Carried.
2 FINANCIAL SUPPORT FOR POMONA ARTS INC.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Director Community Services to the Services and
Organisation Committee Meeting dated 10 April 2018 and agree to:
A. Undertake a condition assessment of the Majestic Theatre with a view to developing a
Conservation Management Plan and a schedule of programmed maintenance for the
building in conjunction with Pomona Arts Inc;
B. Allocate $16,667 from the Heritage Levy, as a one off payment to assist Pomona Arts
Inc to remain sustainable on the following conditions:
1. These monies are used for the heritage component of Pomona Arts Inc activities;
2. Pomona Arts Inc develops a business plan that demonstrates how they will
reduce their operational cost base and improve their financial position to ensure
sustainability over the next three years;
3. Pomona Arts Inc looks at ways to increasing their income stream from the
Pomona Country Markets; and
4. Pomona Arts Inc strengthens its partnership with Tourism Noosa and looks to
develop new revenue opportunities aimed at the inbound tourism market.
C. Request the CEO to provide a report to a future Council meeting that more fully
addresses the option of purchasing the Majestic Theatre with such further report to
address statutory, financial and any other due diligence issues that Council would need
to consider before making any decision to purchase the property; and
D. Continue to monitor Pomona Arts Inc’s progress in becoming financially sustainable
and their ability to effectively identify and fund any potential reactive building
maintenance.
Carried.
Page 9 of 14
Section 10
ORDINARY MEETING MINUTES 19 APRIL 2018
5 COMMUNITY BUSHLAND CARE OPERATIONAL GUIDELINES - FURTHER REPORT
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) as he is a volunteer bushland care group member. 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) as he is a volunteer bushland care group member. 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.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee dated 10 April 2018 and the further report to the General Committee
Meeting dated 16 April 2018 and:
A. Approve the implementation of the revised Council and Community Bushland Care
Partnership Operational Guidelines (provided at Attachment 1 to the General
Committee report) with the inclusion of the following amendment to Section 4.1,
Working Bees to add the following words “For new Bushland Care Groups, Council will
provide additional support and working bee attendance to establish new group skills
and knowledge as required.”
B. Authorise the Chief Executive Officer to make any necessary minor amendments as
required to improve clarity of the Guidelines.
Carried.
Cr Jurisevic voted in favour of the motion.
Cr Stockwell voted in favour of the motion.
6 PROPOSED AMENDMENTS TO LOCAL LAWS - FURTHER REPORT
Council Resolution
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Governance Advisor to the Services and Organisation
Committee dated 10 April 2018 and the further report to the General Committee Meeting
dated 16 April 2018 and:
A. Resolve to propose to make Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2018 (as provided at Attachment 1 to the Services & Organisation
Committee report dated 10 April 2018);
B. Resolve to propose to make Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2018 (as provided at Attachment 1 to the
General Committee report dated 16 April 2018) with an amendment to Sch 10
(Installation of advertising devices), Section (f) Election Sign, paragraph (ii) to insert
new points (A) and (B) to read as follows, and renumber existing points A, B, C, D, E
to C, D, E, F, G:
(A) the election sign must not be installed, erected, or displayed prior to the
commencement of the election period; and
(B) the election sign must be removed within 7 days from the day the election period
ends; and
Page 10 of 14
Section 11
ORDINARY MEETING MINUTES 19 APRIL 2018
C. Resolve pursuant to section 257 of the Local Government Act 2009 (“the Act”), to
delegate to the Chief Executive Officer of Council its powers under section 38 of the
Act and section 15 of the Local Government Regulation 2012 to decide —
(i) how the public interest test of the local law and/or subordinate local law
particularised in the schedule (as provided at Attachment 3 to the Services &
Organisation Committee report dated 10 April 2018) is to be conducted; and
(ii) the matters with which the public interest test report in relation to the local law
and/or subordinate local law particularised in the schedule must deal; and
(iii) the consultation process for the public interest test and how the process is to be
used in the public interest test.
D. Note that Council will comply with the procedures prescribed under section 15 of the
Local Government Regulation 2012 to review the possible anti-competitive provisions
in the proposed local laws, which are identified in Attachment 4 to the Services &
Organisation Committee report dated 10 April 2018;
E. Note that Council will consult with the public about the proposed local laws for at least
21 days and comply with the requirement of the public consultation process as outlined
in Council’s Local Law Making Process;
F. Authorise the CEO to formalise any required written agreements between Council and:
i. The Director General of the Department of Transport and Main Roads with
respect to nominating State controlled roads within the Shire for which the Noosa
Shire Council Local Law No. 1 (Administration) 2015 will apply, and
ii. The Director of the Department of National Parks, Sport and Racing with respect
to including the identified National Park carparks as Regulated Off street Parking
under Local Law No. 5 (Parking) 2015.
Carried.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
The General Committee recommendations dated 16 April 2018 be adopted except where dealt
with or held over by separate resolution.
Carried.
1 COMMUNITY BUSHLAND CARE OPERATIONAL GUIDELINES
Refer to Further Report at Item 5.
Page 11 of 14
Section 12
ORDINARY MEETING MINUTES 19 APRIL 2018
3 EXTENSION OF APPOINTMENT FOR EXTERNAL MEMBERS OF AUDIT AND RISK
COMMITTEE
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 April 2018 and authorise the Chief Executive Officer to:
A. Extend the appointment term of External Audit and Risk Committee Member, Mr
Cameron Jaggers for a further year from 30 August 2018 to 30 August 2019;
B. Extend the appointment term of External Audit and Risk Committee Member, Mr Scott
Williams for a further two years from 30 August 2018 to 30 August 2020; and
C. Call for Expressions of Interest at the end of each of these appointment terms to identify
and select suitably qualified external members.
4 PROPOSED AMENDMENTS TO LOCAL LAWS
Refer to Further Report at Item 6.
7 BUDGET REVIEW 3 (BR3) FOR THE 2017/18 FINANCIAL YEAR
That Council note the report by the Manager Financial Services to the Ordinary Meeting
dated 16 April 2018 and approve the proposed changes to the budget for the 2017/18
financial year as outlined in the Revised Budget Financial Statements attached to the report.
8 FINANCIAL PERFORMANCE REPORT - MARCH 2018
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 April 2018 outlining March year to date financial performance against
budget.
9 PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 - PROPOSED
EMERGENCY ACCESS TO RUFOUS STREET, PEREGIAN BEACH
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 16 April 2018 regarding the proposed emergency access to
Rufous Street through Crown Reserve Lot 75 MCH 839108 and:
A. Resolve that it regards any proposed emergency access through Lot 75 MCH 839108
to Rufous Street as undesirable and that in the event the development was approved
by the court, it would not accept such works on lot 75;
B. Resolve as Trustee of Lot 75 MCH 839108, that it regards any proposed emergency
access through the reserve to Rufous Street as contrary to the Master Plan for Rufous
Street, contrary to the reserve’s purpose for Recreation, and contrary to the public
interest as it would both diminish the community purpose for which it was designated
and limit future plans for the reserve;
C. Resolve as Trustee of Lot 75 MCH 839108, it will not accept access to and from the
proposed development through the Crown Reserve;
D. Instruct Council’s Solicitor for Planning & Environment Court Appeal 4066 of 2017 to
advise the appellant of Council’s resolution.
Page 12 of 14
Section 13
ORDINARY MEETING MINUTES 19 APRIL 2018
10 337 TEEWAH BEACH RD, NOOSA NORTH SHORE
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 16 April 2018 and do not submit an offer to purchase the property due to other
funding priorities and the fact the property has a number of environmental protections already
in place.
Page 13 of 14
Section 14
ORDINARY MEETING MINUTES 19 APRIL 2018
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 17 May 2018 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.28 pm.
Page 14 of 14