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2023-03-16 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting


             Thursday, 16 March 2023

                               at 5pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                        16 MARCH 2023


1.   ATTENDANCE & APOLOGIES
     Councillor C Stewart, Mayor (Chair)
     Councillor F Wilkie
     Councillor K Finzel
     Councillor J Jurisevic
     Councillor A Lorentson
     Councillor B Stockwell
     Councillor T Wegener

     EXECUTIVE
     S Waters, Chief Executive Officer
     K Contini, Director Community Services
     T Grauf, Acting Director Corporate Services
     L Sengstock, Director Infrastructure Services
     K Rawlings, Director Environment & Sustainable Development

     APOLOGIES
     Nil


Council Resolution
Moved:           Cr Stewart
Seconded:        Cr Wilkie
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
council to consider a condolence motion.
                                                                            Carried unanimously.
Council Resolution
Moved:           Cr Stewart
Seconded:        Cr Wilkie
That Noosa Council express its sincere condolences on the passing of former Community Services
Director, Alan (Fox) Rogers, and acknowledge Alan’s significant contribution to Noosa Council and
the Noosa Community.
                                                                           Carried unanimously.
Council Resolution
Moved:           Cr Stewart
Seconded:        Cr Wilkie
That Standing Orders be resumed.
                                                                          Carried unanimously.



2.   CONFIRMATION OF MINUTES
     Council Resolution
     Moved:           Cr Lorentson
     Seconded:        Cr Wegener
     The Minutes of the Ordinary Meeting held on 16 February 2023 be received and confirmed.
                                                                        Carried unanimously.


                                                                                  Page 2 of 23

Section 3

ORDINARY MEETING MINUTES                                                           16 MARCH 2023


3.   MAYORAL MINUTES

     1.    RESIGNATION OF THE CHIEF EXECUTIVE OFFICER
           The following material was presented to the meeting in relation to this item:
           •     Cr Stewart – Signed Mayoral Minute - refer to Attachment 1
           Council Resolution
           Moved:    Cr Stewart
           That Council:
           A.    Receive the resignation of the Chief Executive Officer, Scott Waters as of 12 May
                 2023, and thank him for his service since February 2022 and wish him all the best
                 in his future endeavours;
           B.    Pursuant to S195 (a) of the Local Government Act 2009, appoint Larry Sengstock
                 as the Acting Chief Executive Officer up to and including 30 June 2024; and
           C.    Pursuant to S257 of the Local Government Act 2009, delegate to the Chief
                 Executive Officer, in consultation with the Mayor, the power to do all things
                 necessary to finalise arrangements, pertaining to the employment arrangements
                 of the Acting Chief Executive Officer.
                                                                          Carried unanimously.



4.   PETITIONS

     Nil



5.   NOTIFIED MOTIONS

     Nil


6.   PRESENTATIONS
     Nil.



7.   DEPUTATIONS


     1.    LIBBY DOHERTY & TANIA HICKS
           Topic:    Disability Access and Inclusion across the shire including
                      •      Buildings and Venues
                      •      Events - council produced and sponsored
                      •      Activities
                      •      School Holiday programs
           The following material was presented to the meeting in relation to this item:
           •     Tania Hicks – PowerPoint Presentation - refer to Attachment 2


                                                                                     Page 3 of 23

Section 4

ORDINARY MEETING MINUTES                                                          16 MARCH 2023


Council Resolution
Moved:            Cr Stewart
Seconded:         Cr Wilkie
That the meeting adjourn for 5 mins.
                                                                            Carried unanimously.
Council Resolution
Moved:            Cr Stewart
Seconded:         Cr Wilkie
That the meeting resume.
                                                                            Carried unanimously.




8.     CONSIDERATION OF COMMITTEE REPORTS


1      PLANNING & ENVIRONMENT COMMITTEE REPORT 7 MARCH 2023

ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Tom Wegener (Chair)
Cr Clare Stewart
Cr Brian Stockwell
Cr Karen Finzel

Cr Lorentson (non-committee Councillor)
Cr Wilkie (non-committee Councillor)

EXECUTIVE
S Waters, Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development

APOLOGIES
Nil.


COMMITTEE RECOMMENDATIONS TO COUNCIL

1      MCU22/0208 APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
       ACCOMMODATION AT 132 SOLAR ROAD COOROY MOUNTAIN
       That Council note the report by the Acting Coordinator Planning to the Planning & Environment
       Committee Meeting dated 7 March 2023 regarding Application No. MCU22/0208 for a Material
       Change of Use – Short Term Accommodation situated at 132 Solar Road, Cooroy Mountain,
       described as Lot 19 on SP236314 and approve the application subject to the following
       conditions.
       PLANNING
            When Conditions must be Complied With
                                                                                     Page 4 of 23

Section 5

ORDINARY MEETING MINUTES                                                                16 MARCH 2023


    1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with
          prior to the use commencing, and then compliance maintained at all times while the use
          continues.
          Plans and Documents
    2.    Development undertaken in accordance with this approval must generally comply with
          the approved plans of development. The approved plans are listed in the following table
          unless otherwise amended by these conditions.
               Plan No.       Rev.     Plan/Document Name                              Date
               002623         A        Site Plan                                       -
               002623         A        Floor Plan as amended by Council                -
          Currency Period
    3.    This development approval lapses if the use has not happened by 16 March 2029, unless
          an application to extend the currency period is approved by Council.
          Nature and Extent of Approved Use
    4.    The total number of bedrooms within the existing dwelling that are available for guest
          accommodation must not exceed 4.
    5.    The total number of guests accommodated at any one time must not exceed 8.
          Amenity
    6.    All outdoor areas, including balconies, decks, pool and the like, must not be used after
          10pm each night.
    7.    The operation of the approved use must not detrimentally affect the residential amenity
          (including but not limited to noise, overlooking, light spill or odour) enjoyed by
          surrounding residents or cause a nuisance, including a noise nuisance.
    8.    The operation of the approved use must be in accordance with Administration
          (Amendment) Subordinate Local Law (No.1) 2021.
          *Refer Advisory Note.
          Contact Person
    9.    Prior to the commencement of the use written confirmation must be provided to Council
          confirming:
          a.      the name and telephone number of the contact person (which may include the
                  name and contact details of an individual, letting agency, property manager,
                  security firm or the like) for the purposes of the operation of the short stay letting
                  at the premises; and
          b.      that the contact person is available 24 hours a day, 7 days a week; and
          c.      that the contact person resides within a 20 kilometre radius of the premises; and
          d.           that the contact person is to be responsible for the supervision and
                  management of the premises, including addressing complaints about the use of
                  the premises for short stay letting and visitor queries.
          Code of Conduct
    10.   A code of conduct must be developed and provided to all users and occupants of the
          short term accommodation, including any website or social media used to promote the
          use of the premises for short term accommodation.
          The code of conduct must advise all users of the premises:
          a.      That the use of the premises must not:
                  i.      detrimentally affect the residential amenity (including but not limited to noise,
                          overlooking, light spill or odour) enjoyed by residents in the vicinity of the

                                                                                           Page 5 of 23

Section 6

ORDINARY MEETING MINUTES                                                           16 MARCH 2023


                      premises; or
               ii.    cause a nuisance (including a noise nuisance);
               iii.   display unacceptable behavior including:
                      a.   loud aggressive behaviour;
                      b.    yelling, screaming, arguing; or
                      c.    excessively loud cheering, clapping and singing.
               iv.    create a level of noise above the acceptable levels described by Queensland
                      Government legislation for environmental protection (noise).
          b.   That a user of the premises must not sleep or camp on the premises in a tent,
               caravan, campervan or similar facility.
          c.   That each vehicle used by a user of the premises must:
               i.     be stored in a manner that does not cause a nuisance or inconvenience to
                      adjoining premises; and
               ii.    be parked within the parking facilities at the premises where provided.
          d.   That each user of the premises must store general waste (including the separation
               of recyclable waste) produced as a result of the ordinary use or occupation of the
               premises in a waste container.
          e.   That each user of the premises must ensure that the premises, including the
               grounds of the premises, are kept in a safe and tidy condition.
          f.   That pets occupying the premises must be managed and not cause a nuisance
               (including a noise nuisance).
          g.   The nature and extent of the approved use as detailed in conditions numbers 5 to
               8 of this development approval.
    11.   The Code of Conduct must be displayed in a prominent location at the premises so that
          it can be viewed by guests.
          Complaints Management
    12.   The contact person must maintain a record of all complaints received, identifying how
          each complaint has been resolved or addressed within a reasonable time.
    13.   The contact person must respond to all complaints within 30 minutes of notification of a
          complaint.
    14.   The contact person, must keep and maintain a register of the use of the premises for
          short stay letting or home hosted accommodation, and record in the register, each of the
          following:
          a.   on each occasion on which the premises are used, or occupied, for short stay
               letting or home hosted accommodation on a commercial basis:
               i.     the number of adults who are users of the premises; and
               ii.    the number of minors, an individual who is under 18, who are users of the
                      premises.
          b.   the dates when each person’s use, or occupation, of the premises for short stay
               letting or home hosted accommodation began and ended.
    15.   The contact person, must make available, for inspection by Council, within 5 business
          days of receipt of a written request given at any time, each of:
          a.   the written record of complaints referred to in condition 16; and
          b.   the register referred to in condition 18.


                                                                                    Page 6 of 23

Section 7

ORDINARY MEETING MINUTES                                                                    16 MARCH 2023


          Water Supply
    16.   The development must be provided with a potable water supply. The storage capacity
          of the potable water supply must be a minimum of 5000 litres per guest.
          Waste Water Treatment and Disposal
    17.   The development must be provided with an on-site waste water treatment and effluent
          disposal system having a capacity sufficient for the use*.
          *(Refer to Advisory Note)
          Retention of Existing Trees
    18.   All existing native vegetation located on the site and in the road reserve must be retained
          and protected.
    ENGINEERING
    19.   All car parking areas and access driveways must be maintained exclusively for vehicle
          parking and manoeuvring and kept in a tidy and safe condition at all times.
    20.   Directional signage must be provided to direct visitors to the car parking spaces provided
          on site.


2   PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
    A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL WORKS CLEARING OF
    VEGETATION AT 11C CHURCH STREET, POMONA
    That Council note the report by the Acting Manager Development Assessment to the Planning
    & Environment Committee Meeting dated 7 March 2023 regarding Planning & Environment
    Court Appeal D14 of 2023 and agree to defend the appeal.



3   SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW – 12
    MONTH REVIEW
    That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
    due to the significance of the issue.



4   NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
    That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
    due to the significance of the issue.



5   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2023
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable and a prescribed conflict of interest in this matter:
    I, Cr Stewart inform the meeting that I have a declarable conflict of in relation to No. 10 in the list of
    applications in the Delegated Authority report as my husband and I have a friendship with Robin Yates,
    who is associated with the applicant, Pomona Distilling Co. I also have a prescribed conflict of interest
    in relation to No. 15 in the list of applications in the report, as I am a Board Director of Youngcare, which
    is associated with the applicant Deluca Charitable Foundation Limited. As a result of my conflicts of
    interest, I will leave the meeting room while the matter is considered and voted on.
    Cr Stewart left the meeting.
    Cr Wilkie assumed the Chair.

                                                                                               Page 7 of 23

Section 8

ORDINARY MEETING MINUTES                                                       16 MARCH 2023


      Council Resolution
      Moved:           Cr Finzel
      Seconded:        Cr Lorentson
      That Council note the report by the Acting Manager, Development Assessment to the Planning
      & Environment Committee Meeting dated 7 March 2023 regarding planning applications that
      have been decided by delegated authority.
                                                                          Carried unanimously.

      Cr Stewart returned to the meeting and resumed the Chair.


Council Resolution
Moved:            Cr Lorentson
Seconded:         Cr Finzel
That the report of the Planning & Environment Committee dated 7 March 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.




2     SERVICES & ORGANISATION COMMITTEE REPORT 7 MARCH 2022

ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Clare Stewart
Cr Amelia Lorentson
Cr Frank Wilkie

Cr Karen Finzel (non-Committee Councillor)
Cr Tom Wegner (non-Committee Councillor)


EXECUTIVE
S Waters, Chief Executive Officer
T Grauf, Acting Director Corporate Services
L Sengstock, Director Infrastructure Services (via Microsoft Teams)

APOLOGIES
Nil


COMMITTEE RECOMMENDATIONS TO COUNCIL


                                                                                 Page 8 of 23

Section 9

ORDINARY MEETING MINUTES                                                                    16 MARCH 2023


1   REVISED COMMUNITY ENGAGEMENT POLICY 2023
    That Council note the report by the Community Engagement Advisor to the Services &
    Organisation Committee Meeting dated 7 March 2023 and adopt the updated Community
    Engagement Policy provided at Attachment 2 to the Report.



2   COUNCIL OF MAYORS SOUTH-EAST QUEENSLAND (CoMSEQ) WASTE CONCEPTS
    That Council note the report by the Manager Waste and Environmental Health, to the Services
    & Organisation Committee Meeting dated 7 March 2023 and approve the progress of projects
    through the gateways of the CoMSEQ/PMO process by Council staff.




3   CONTRACT NO. T000072 - DESIGN, SUPPLY, INSTALL AND SERVICE A DIGITAL TWO-
    WAY RADIO SYSTEM WITH GPS LOCATION SERVICES – CONTRACT AWARD
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter as Telstra is
    a contractor for the use of an NBN tower located on my property of which I receive income from NBN
    via a lease arrangement. I do not believe a reasonable person could believe I have a perception of bias
    as I will gain no benefit from Council entering into this contract with Telstra. I will choose to remain in
    the meeting room, however, I will respect the decision of the meeting on whether I can remain and
    participate in the decision.
    Council Resolution
    Moved:     Cr Jurisevic
    Seconded: Cr Lorentson
    That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
    interest that Cr Wegener participates and votes on this matter because Council believes that Cr
    Wegener does not stand to receive a personal benefit or loss in relation to this matter and therefore a
    reasonable person would trust that the final decision is made in the public interest.
                                                                                      Carried unanimously.
    Cr Wegener did not vote on the above motion.


    Council Resolution
    Moved:            Cr Stockwell
    Seconded:         Cr Finzel
    That Council note the report by the Disaster Management Officer to the Services &
    Organisation Committee Meeting dated 7 March 2023, and:
    A.    Award Contract No. T000072 for Design, Supply, Install and Service a Digital Two-Way
          Radio System with GPS Location Services to Telstra Corporation Limited under a
          schedule of rates contract which will include a 12-month servicing and maintenance
          period; and
    B.    Authorise the CEO to delegate the authority to extend the Contract for two (2) further
          periods of up to twelve (12) months each for servicing and maintenance, subject to the
          performance of the supplier under the Contract; and
    C.    Authorise the CEO to negotiate the final contract with Telstra Corporation Limited.
                                                                           Carried unanimously.




                                                                                              Page 9 of 23

Section 10

ORDINARY MEETING MINUTES                                                         16 MARCH 2023


4     PROPOSED NEW LEASE – SHOP 7 SUNRISE SHOPS
      That Council note the report by the Property Advisor – Commercial Property to the Services &
      Organisation Committee Meeting dated 7 March 2023 regarding the lease of Shop 7, Sunrise
      Shops and:
      A.    Agree to enter into a commercial lease of the premises to Luke and Kayla Marshall TA
            Butchers of Noosa for a five (5) year term, as generally outlined in the report and
            attachments;
      B.    Agree to an initial rent-free period of six (6) months; and
      C.    Authorise the CEO to award up to two (2) subsequent lease extensions each of three (3)
            years, subject to the Lessee complying with the terms of the lease.


Council Resolution
Moved:            Cr Stewart
Seconded:         Cr Jursevic
That the report of the Services & Organisation Committee dated 7 March 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.




3     GENERAL COMMITTEE REPORT 13 MARCH 2023


ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener

EXECUTIVE
S Waters Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services

APOLOGIES
Nil


COMMITTEE RECOMMENDATIONS TO COUNCIL


                                                                                  Page 10 of 23

Section 11

ORDINARY MEETING MINUTES                                                                    16 MARCH 2023


1   SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW
    – 12 MONTH REVIEW
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter. My husband
    and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been
    used for Short Term accommodation rental. As a result of my conflict of interest, I will leave the meeting
    room while the matter is considered and voted on.
    Cr Lorentson left the meeting.
    Council Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Wilkie
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting dated 7 March 2023 and
    A.    Note the 12 month review of the Local Law has been completed;
    B.    Undertake the range of actions identified in this report to improve the implementation of
          the Short Stay Letting or Home Hosted Accommodation Local Law, and specifically:
          1.     Increase staff resources to include two additional local law assessment and
                 compliance officers on a temporary basis to assess the backlog of applications and
                 undertake compliance action where required;
          2.     Undertake compliance and enforcement action on properties operating short stay
                 letting or home hosted accommodation without an approval or not displaying an
                 approval notice;
          3.     Introduce an annual renewal fee on 30 June 2023 for all short stay let and home
                 hosted accommodation properties on a sliding scale at a rate of:
                 •      Detached house $400
                 •      Detached house limited to 4 times and maximum 60 days $100
                 •      Unit $200
                 •      Unit limited to 4 times and maximum 60 days $100
                 •      Home hosted accommodation $100
    C.    Continue to monitor the implementation of the Short Stay Letting or Home Hosted
          Accommodation local law and make improvements where needed; and
    D.    Continue to liaise with the multi-interest stakeholder group on the implementation of the
          local law on an as-needs basis and thank this group for their input into the review process
          to date.
                                                                             Carried unanimously.
    Cr Lorentson returned to the meeting.




2   NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
    Procedural Motion
    Moved:            Cr Stewart
    Seconded:         Cr Finzel
    That the matter be taken from the table.
                                                                                     Carried unanimously.


                                                                                             Page 11 of 23

Section 12

ORDINARY MEETING MINUTES                                                            16 MARCH 2023


    Motion
    Moved:             Cr Jurisevic
    Seconded:          Cr Lorentson
    That Council review the report by Fauna Management Project Officer to the Planning and
    Environment Committee Meeting 7 March 2023 and
    A.   Approve the Threatened Fauna Recovery Road Map as referred to in Attachment 1 to
         this report for the purpose of implementation; and
    B.   Consider a funding allocation for priority management of sea turtles to commence
         implementation of the Roadmap, as part of Council’s 2023/24 budget deliberations.

    Amendment No. 1
    Moved:             Cr Stockwell
    Seconded:          Cr Finzel
    That item A be amended as follows:
    A.   Approve the Threatened Fauna Recovery Road Map as referred to in Attachment 1 to
         this report for the purpose of implementation; except as an amended below:
         1.     Include the Mary River Cod as an iconic species for freshwater waterways,
                wetlands and riparian zone habitats;
         2. Authorise the CEO to make the necessary amendments to reflect this addition; and
                                                                   Carried unanimously.
    Amendment No. 2
    Moved:             Cr Stockwell
    Seconded:          Cr Wilkie
    That Item B be amended and Items C and D be added as follows:
    B.   Immediately commence the implementation of the Roadmap focussed on the
         conservation of sea turtles by:
         1.     Adopting a zero tolerance approach to driving on coastal dunes targeting
                compliance and enforcement action on peak times during the turtle nesting and
                hatching season;
         2.     Further, request staff commence immediate negotiations with the Queensland
                Parks and Wildlife, Queensland Police Service and the Teewah Cooloola Working
                Group to develop a joint education, compliance and enforcement regime
                commencing this Easter Break potentially involving:
                i.     Fixed and drone mounted surveillance cameras;
                ii.    Closure of the North Shore beach either side of high tide if driving conditions
                       would force dunal driving;
                iii.   Appropriate signage and presence of authorised officers during peak
                       periods;
    C.   Advise the Member of Noosa and the Minister for the Environment of the Council’s
         position on this matter and seeking their support for any regulatory reform and budgetary
         allocation required to achieve the desired outcomes;
    D.   Consider a funding allocation for priority management of sea turtles as part of Council’s
         2023/24 budget deliberations.
                                                                          Carried unanimously.



                                                                                     Page 12 of 23

Section 13

ORDINARY MEETING MINUTES                                                            16 MARCH 2023


    Amendment No. 3
    Moved:             Cr Wilkie
    Seconded:          Cr Stockwell
    That Item E be added to read:
    E.   Consider amending the Fauna Recovery Roadmap to include reference to the “Noosa
         Nine and Co.”.
                                                                  Carried unanimously.
    Council Resolution
    Moved:             Cr Jurisevic
    Seconded:          Cr Lorentson
    That Council review the report by Fauna Management Project Officer to the Planning and
    Environment Committee Meeting 7 March 2023 and
    A.   Approve the Threatened Fauna Recovery Road Map as referred to in Attachment 1 to
         this report for the purpose of implementation; except as an amended below:
         1.     Include the Mary River Cod as an iconic species for freshwater waterways,
                wetlands and riparian zone habitats;
         2.     Authorise the CEO to make the necessary amendments to reflect this addition; and
    B.   Immediately commence the implementation of the Roadmap focussed on the
         conservation of sea turtles by:
         1.     Adopting a zero tolerance approach to driving on coastal dunes targeting
                compliance and enforcement action on peak times during the turtle nesting and
                hatching season;
         2.     Further, request staff commence immediate negotiations with the Queensland
                Parks and Wildlife, Queensland Police Service and the Teewah Cooloola Working
                Group to develop a joint education, compliance and enforcement regime
                commencing this Easter Break potentially involving:
                i.     Fixed and drone mounted surveillance cameras;
                ii.    Closure of the North Shore beach either side of high tide if driving conditions
                       would force dunal driving;
                iii.   Appropriate signage and presence of authorised officers during peak
                       periods;
    C.   Advise the Member of Noosa and the Minister for the Environment of the Council’s
         position on this matter and seeking their support for any regulatory reform and budgetary
         allocation required to achieve the desired outcomes;
    D.   Consider a funding allocation for priority management of sea turtles as part of Council’s
         2023/24 budget deliberations.
    E.   Consider amending the Fauna recovery roadmap to include reference to the “Noosa Nine
         and Co.”.
                                                                       Carried unanimously.




                                                                                     Page 13 of 23

Section 14

ORDINARY MEETING MINUTES                                                          16 MARCH 2023


3   NOOSA HEADS LIONS PAID PARKING – EXTENSION OF PARKING TO 1 MAY 2024
    Motion
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Project Manager Special Projects to the General Committee
    Meeting dated 13 March 2023 and
    A.   Note that Council’s resolution on 17 September, 2020 allowed temporary parking in the
         Noosa Heads Lions Park on long weekends and school holidays during the Queensland
         Government’s Covid 19 Public Health Declaration, principally to accommodate the
         South-East Queensland Drive tourism market during interstate and international travel
         restrictions that were imposed as a response to the pandemic;
    B.   Note that the Queensland Government’s COVID 19 Public Health Declaration ended
         from October 31, 2022;
    C.   Note that continued use of the Noosa Heads Lions Park greenspace for car parking on
         long weekends and school holidays is contrary to the Department of Resources park
         designation, the Noosa Design Principles, the Noosa Plan, The Transport Strategy and
         the spirit and intent of Council’s September 17, 2020 resolution;
    D.   Note that shire-wide free weekend buses, that provide alternative means of accessing
         the Noosa Heads precinct, was introduced to the network in February 2022;
    E.   Discontinue car parking in the Noosa Heads Lions Park on long weekends and
         Queensland July and September school holidays after this Easter Period, as per the
         September 17, 2020 Council resolution;
    F.   Approve the use of the Noosa Heads Lions Park Reserve for paid parking during
         Christmas and Easter School holidays for a further 12 months, with delegation to the
         CEO to reduce the days subject to weather, over the following periods:
         •      Queensland Christmas school holidays including Saturday 9, Sunday 10, Saturday
                16, Sunday 17, Saturday 23 and Sunday 24 December 2023, Tuesday 26
                December 2023 to Sunday 14 January 2024, Saturday 20 to 21 January 2024;
         •      Queensland Easter school holidays from Friday 29 March to Sunday 14 April 2024;
    G.   Write to the Minister of the Department of Resources to request the proposed use of
         Noosa Heads Lions Park Reserve for peak period parking during the above-mentioned
         periods, and that community engagement and future use of the park is proposed to be
         undertaken as part of Noosa Council’s Destination Management Plan;
    H.   Delegate the CEO to work with the Tewantin Noosa Lions Club to determine new paid
         carparking pricing for Lions Park that offsets the reduction in revenue and better reflects
         the cost of carparking on community greenspace in the Hastings Street precinct;
    I.   Approve allocation of 50% of the car parking revenue after GST to the Tewantin Noosa
         Lions Club and the remaining revenue towards Go Noosa initiatives and park
         remediation;
    J.   That an amount equivalent to 50% of Council’s share of the ‘profit’ from car parking in
         the Noosa Heads Lions Park Reserve be held ‘in reserve’ and allocated to recreational
         improvements in Noosa Heads Lions Park for residents and visitors alike, noting that the
         term ‘profit’ refers to Council’s share of the revenue less costs associated with parking
         on the reserve; and
    K.   Seek community feedback on the use of Noosa Heads Lions Park for car parking as part
         of the proposed Destination Management Plan.
    L.   Request a report to Council advising of traffic modelling and future impact, should the

                                                                                   Page 14 of 23

Section 15

ORDINARY MEETING MINUTES                                                          16 MARCH 2023


         park no longer be utilised for overflow parking at peak periods.
    M.   Offer assistance to transition to the Tewantin Noosa Lions Club in sourcing future
         fundraising opportunities as they become available.

    Amendment No. 1
    Moved:          Cr Stockwell
    Seconded:       Cr Stewart
    That condition K be amended to read:
    K.   Seek community feedback on the use of Noosa Heads Lions Park for car parking.
    For:             Crs Stewart, Stockwell, Finzel, Wilkie, Jurisevic and Lorentson
    Against:         Crs Wegener
                                                                                           Carried.
    Council Resolution
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Project Manager Special Projects to the General Committee
    Meeting dated 13 March 2023 and
    A.   Note that Council’s resolution on 17 September, 2020 allowed temporary parking in the
         Noosa Heads Lions Park on long weekends and school holidays during the Queensland
         Government’s Covid 19 Public Health Declaration, principally to accommodate the
         South-East Queensland Drive tourism market during interstate and international travel
         restrictions that were imposed as a response to the pandemic;
    B.   Note that the Queensland Government’s COVID 19 Public Health Declaration ended
         from October 31, 2022;
    C.   Note that continued use of the Noosa Heads Lions Park greenspace for car parking on
         long weekends and school holidays is contrary to the Department of Resources park
         designation, the Noosa Design Principles, the Noosa Plan, The Transport Strategy and
         the spirit and intent of Council’s September 17, 2020 resolution;
    D.   Note that shire-wide free weekend buses, that provide alternative means of accessing
         the Noosa Heads precinct, was introduced to the network in February 2022;
    E.   Discontinue car parking in the Noosa Heads Lions Park on long weekends and
         Queensland July and September school holidays after this Easter Period, as per the
         September 17, 2020 Council resolution;
    F.   Approve the use of the Noosa Heads Lions Park Reserve for paid parking during
         Christmas and Easter School holidays for a further 12 months, with delegation to the
         CEO to reduce the days subject to weather, over the following periods:
         •      Queensland Christmas school holidays including Saturday 9, Sunday 10, Saturday
                16, Sunday 17, Saturday 23 and Sunday 24 December 2023, Tuesday 26
                December 2023 to Sunday 14 January 2024, Saturday 20 to 21 January 2024;
         •      Queensland Easter school holidays from Friday 29 March to Sunday 14 April 2024;
    G.   Write to the Minister of the Department of Resources to request the proposed use of
         Noosa Heads Lions Park Reserve for peak period parking during the above-mentioned
         periods, and that community engagement and future use of the park is proposed to be
         undertaken as part of Noosa Council’s Destination Management Plan;
    H.   Delegate the CEO to work with the Tewantin Noosa Lions Club to determine new paid
         carparking pricing for Lions Park that offsets the reduction in revenue and better reflects
         the cost of carparking on community greenspace in the Hastings Street precinct;

                                                                                   Page 15 of 23

Section 16

ORDINARY MEETING MINUTES                                                                    16 MARCH 2023


    I.    Approve allocation of 50% of the car parking revenue after GST to the Tewantin Noosa
          Lions Club and the remaining revenue towards Go Noosa initiatives and park
          remediation;
    J.    That an amount equivalent to 50% of Council’s share of the ‘profit’ from car parking in
          the Noosa Heads Lions Park Reserve be held ‘in reserve’ and allocated to recreational
          improvements in Noosa Heads Lions Park for residents and visitors alike, noting that the
          term ‘profit’ refers to Council’s share of the revenue less costs associated with parking
          on the reserve; and
    K.    Seek community feedback on the use of Noosa Heads Lions Park for car parking.
    L.    Request a report to Council advising of traffic modelling and future impact, should the
          park no longer be utilised for overflow parking at peak periods.
    M.    Offer assistance to transition to the Tewantin Noosa Lions Club in sourcing future
          fundraising opportunities as they become available.
    For:         Crs Wilkie, Jurisevic, Stockwell and Wegener
    Against:     Crs Stewart, Lorentson, Finzel
                                                                                                      Carried.


4   HEALTHY LAND AND WATER FUNDING CONTRIBUTION
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter as I have a
    long standing business relationship with Healthy Land and Water Ltd. I subcontract this organisation as
    part of my sole trader consultancy (trading as Watershed Australia). Healthy Land and Water provide
    me with Geographical Information Systems (GIS) support and mapping services. This business
    arrangement commenced in 2017 with invoiced work currently totalling a value of $57,703. As a result
    of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
    Cr Stockwell left the meeting.
    The following material was presented to the meeting in relation to this item:
    •     Cr Wegener – Letter from Noosa Boating Fishing Alliance - refer to Attachment 2
    Council Resolution
    Moved:            Cr Wegener
    Seconded:         Cr Jurisevic
    That Council note the report by the Principal Environment Officer - River Strategy &
    Engagement to the General Committee Meeting dated 13 March 2023 and authorise the CEO
    to enter a 3 (three) year Agreement with Healthy Land & Water to June 2025 in accordance
    with Attachment 1 to the Report.
                                                                       Carried unanimously.
    Cr Stockwell returned to the meeting.




5   FINANCIAL PERFORMANCE REPORT – MARCH 2023
    That Council note the report by the Manager Financial Services (Acting) to the General
    Committee Meeting dated 13 March 2023 outlining February 2023 year to date financial
    performance against budget, including changes to the financial performance report with the
    inclusion of key financial sustainability indicators.



                                                                                             Page 16 of 23

Section 17

ORDINARY MEETING MINUTES                                                           16 MARCH 2023


6    NOOSA COUNCIL BRAND REFRESH
     That Council note the report by the Communications and Community Engagement Manager
     to the General Committee dated 13 March 2023 and approve the refreshed brand and
     associated elements, colour palette and typography provided in Attachment 1 to the Report.



7    VOLUNTARY FLOOD RECOVERY
     PROPERTY ACQUISITION
     That Council note the report by the Community Connections Manager to the General
     Committee Meeting dated 13 March 2023 and
     A.     Through the Commonwealth and State Resilient Home Fund, purchase the property as
            detailed in the Report for the purposes of the voluntary home buy-back program,
            provided that all processes have been satisfactorily completed with Queensland
            Reconstruction Authority (QRA);
     B.     Authorise the Chief Executive Officer to take the necessary action to implement Council’s
            decision, including but not limited to making, amending, and discharging the contractual
            arrangement/s; and
     C.     Undertake the necessary actions to fulfil the conditions of the program.



Council Resolution
Moved:           Cr Wilkie
Seconded:        Cr Jurisevic
That the report of the General Committee Meeting dated 13 March 2023 be received and be received
and the recommendations therein be adopted except where dealt with by separate resolution.
                                                                          Carried unanimously.




                                                                                       Page 17 of 23

Section 18

ORDINARY MEETING MINUTES                                                                16 MARCH 2023


9.    ORDINARY MEETING REPORTS
      Nil




10.   CLOSED SESSION
      Nil.




11.   PUBLIC QUESTION TIME

      1.     JOKUBAS KUPREVICIUS
             Topic: Flying Fox situation at Waratah Close, Maple Avenue and Hibiscus Retirement
                    Village

             Question 1
             Has a management plan been finally created for our current situation and future
             situations? If so, we'd like to know what it is, what measures it guarantees and if it's going
             to absolutely ensure that the flying foxes are not going establish their colony again next
             year? If not, we'd like to hear an exact timeline, reasons for it and future plans for our
             communities.
             Response by Kim Rawlings, Director Environment & Sustainable Development
             Flying Fox Roost Management Plans take approximately four months to develop
             (depending on consultant availability). Flying Fox Roost Management Plans include
             consultation with residents and technical experts to identify suitable management
             options available for the site to discourage flying foxes returning to the site, this may
             include:
             a.    Thinning or removal of vegetation;
             b.    Buffering systems including sprinklers.
             The Roost Management Plan must consider the Flying-fox roost management guideline
             (Department of Environment and Science 2020). Implementation of significant
             management measures can not be considered by Council without a Flying Fox Roost
             Management Plan in place. Council is currently limited to management measures
             permitted under the codes below:
             •     Code of Practice: Ecological sustainable management of flying fox roosts Nature
                   Conservation Act 1992
             •     Code of Practice for Low impact activities affecting flying-fox roosts Nature
                   Conservation Act 1992
             The current proposed timeline for the development of the Flying Fox Roost Management
             Plan is for it to be prepared immediately (subject to appointing a consultant) and to be
             complete by August, this timeframe includes stakeholders and community consultation
             on the plan.

             Question 2
             We'd like to request that the Council lodge an investigation to the houses that have been
             affected the most and allocate relief funds for these houses. Their expenses are of great
             significance and we feel as if the council needs to take care of them. Could kindly do
             this?

                                                                                         Page 18 of 23

Section 19

ORDINARY MEETING MINUTES                                                             16 MARCH 2023


           Response by Kim Rawlings, Director Environment & Sustainable Development
           Little red flying-foxes seasonally migrate to the South East Queensland region,
           coinciding with the annual blossoming of bloodwoods and other eucalypt species.
           Influxes can occur at any location and anywhere within the Noosa Shire. Roosts of little
           reds can form overnight, often leaving as quickly as they arrive. Council assures
           residents that influxes of little reds are temporary, and residents will experience relief as
           the weather cools.
           Noosa Council acknowledges the challenges residents are currently facing living near
           the flying-fox roost in Waratah Reserve. Noosa Council is one of the only local
           governments in South East Queensland to offer a Flying-fox Subsidy Program. The intent
           of the Flying-fox Subsidy Program is to help eligible residents living adjacent to flying-fox
           roosts to reduce the impacts associated with roosts on properties and vehicles.
           In addition to the subsidy program Council is investing significant funds into immediate
           management actions at the site including the trimming of vegetation and immediate
           development of the management plan. The Management Plan will make further
           recommendations for management actions and investment to help manage this issue.




12.   NEXT MEETING

      The next Ordinary Meeting will be held on 20 April 2023 at the Council Chambers, 9 Pelican
      Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE

      The meeting closed at 6.58pm.




                                                                                      Page 19 of 23

Section 20

ORDINARY MEETING MINUTES                                          16 MARCH 2023


 Attachment 1 to the Minutes – Item 3.1 - signed Mayoral Minute




                                                                  Page 20 of 23

Section 21

ORDINARY MEETING MINUTES                                       16 MARCH 2023


Attachment 2 to the Minutes Item 7 – Deputation Presentation




                                                               Page 21 of 23

Section 22

ORDINARY MEETING MINUTES   16 MARCH 2023




                           Page 22 of 23

ORDINARY MEETING MINUTES                                16 MARCH 2023

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                                                        Page 22 of 23

Section 23

ORDINARY MEETING MINUTES                                                     16 MARCH 2023


Attachment 3 to the Minutes – General Committee Report No.4 - Letter tabled by Cr Wegener




                                                                              Page 23 of 23

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