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                         MINUTES


              Ordinary Meeting

                Thursday, 18 May 2023

                                 5:00 PM
             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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Page 2

ORDINARY MEETING MINUTES                                                       18 MAY 2023




1.   ATTENDANCE & APOLOGIES

     COMMITTEE MEMBERS
     Councillor Clare Stewart (Chair)
     Councillor Karen Finzel
     Councillor Joe Jurisevic
     Councillor Amelia Lorentson
     Councillor Brian Stockwell
     Councillor Tom Wegener
     Councillor Frank Wilkie

     EXECUTIVE
     Acting Chief Executive Officer, Larry Sengstock
     Director Community Services, Kerri Contini
     Acting Director Corporate Services, Trent Grauf
     Director - Environment & Sustainable Development, Kim Rawlings

     APOLOGIES
     Nil


2.   CONFIRMATION OF MINUTES

     Council Resolution
     Moved:            Cr Amelia Lorentson
     Seconded:         Cr Karen Finzel
     The Minutes of the Ordinary Meeting held on 20 April 2023 be received and confirmed.
                                                                        Carried Unanimously.

     Council Resolution
     Moved:            Cr Joe Jurisevic
     Seconded:          Cr Karen Finzel
     The Minutes of the Special Meeting held on 27 April 2023 be received and confirmed.
                                                                        Carried Unanimously.

3.   MAYORAL MINUTES

     Nil


4.   PETITIONS



     4.1.   PETITION: PARKING ISSUES QUAMBY PLACE, NOOSA HEADS

            Refer to Attachment 1 link

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ORDINARY MEETING MINUTES                                                             18 MAY 2023


            Council Resolution
            Moved:            Cr Clare Stewart
            Seconded:         Cr Karen Finzel
            That the petition with 181 signatories submitted by Anne Clark, Practice Manager of
            Ibuki Regenerative Medicine, requesting that Council provide a solution to the parking
            issues that affect Quamby Place, Noosa Heads be received and referred to the Chief
            Executive Officer to determine appropriate action.
                                                                         Carried Unanimously.




5.   NOTIFIED MOTIONS

     Nil

6.   PRESENTATIONS

     Nil

7.   DEPUTATIONS

     Nil

8.   CONSIDERATION OF COMMITTEE REPORTS



     8.1.   AUDIT & RISK COMMITTEE MEETING REPORT - 14 APRIL 2023


            ATTENDANCE & APOLOGIES

            COMMITTEE MEMBERS
            Tim Cronin (Chair)
            Cr Clare Stewart
            Cr Tom Wegener

            OTHER ATTENDEES
            Kerry Phillips (Observer)
            Larry Sengstock, Acting CEO & Director Infrastructure Services
            Trent Grauf, Acting Director Corporate Services
            Debra Iezzi, Executive Officer, Internal Audit & Corporate Performance
            Pauline Coles, Financial Services Manager (Acting)
            Diana Stewart, Governance Manager
            Michael Claydon, Queensland Audit Office (via Teams)
            Jessica Rossouw, Queensland Audit Office(via Teams)
            Thomas Cook, KPMG
            Jillian Richards, KPMG (via Teams)

            APOLOGIES
            Scott Waters, CEO

Page 4

ORDINARY MEETING MINUTES                                                         18 MAY 2023




         COMMITTEE RECOMMENDATIONS TO COUNCIL


         5.    2023 EXTERNAL AUDIT PLAN

         That Council note the External Audit Plan provided by the Queensland Audit Office
         (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023.


         6.    QAO 2022 CLOSING REPORT

         That Council note the 2022 Closing Report provided by the Queensland Audit Office
         (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023


         7.    INTERNAL AUDIT UPDATE

         That Council note the report by the Executive Officer to the Audit and Risk
         Committee meeting dated 14 April 2023 regarding an update on Internal Audit
         matters.


         8.    REGULATORY PRACTICES

         That Council note the report by the Governance Manager to the Audit & Risk
         Committee Meeting dated 14 April 2023 and note the self-assessment results on
         Council’s regulatory practices.


         9.    RISK MANAGEMENT

         That Council note the report by the Governance Manager to the Audit & Risk
         Committee Meeting dated 14 April 2023 providing an update on risk management
         matters.



         10.   ICT CYBER RISK REPORT

         That Council note the report by the ICT Manager to the Risk and Audit Committee
         dated 14 April 2023 on cyber security risks and note there have been no incidents
         and ICT is progressing improvements including responding to external review.


         11.   END OF FINANCIAL YEAR TIMETABLE

         That Council note the report by the Manager Financial Services (Acting) to the Audit
         & Risk Committee Meeting dated 14 April 2023 regarding Council’s preparation for
         the 2022/23 End of Financial Year process and Annual Financial Statements.



         Council Resolution
         Moved:            Cr Brian Stockwell

Page 5

ORDINARY MEETING MINUTES                                                          18 MAY 2023



           Seconded:         Cr Amelia Lorentson
           That the report of the Audit & Risk Committee dated 14 April 2023 be received and
           the recommendations therein be adopted except where dealt with by separate
           resolution.
                                                                        Carried Unanimously.




    8.2.   PLANNING & ENVIRONMENT COMMITTEE REPORT - 9 MAY 2023

           ATTENDANCE & APOLOGIES

           COMMITTEE MEMBERS
           Councillor Tom Wegener
           Councillor Karen Finzel
           Councillor Clare Stewart
           Councillor Brian Stockwell

           NON COMMITTEE MEMBERS
           Councillor Amelia Lorentson

           EXECUTIVE
           Scott Waters, CEO
           Larry Sengstock, Director Infrastructure Services

           APOLOGIES
           Nil

           COMMITTEE RECOMMENDATIONS TO COUNCIL

           5.1. SHAPING SEQ REVIEW PROJECT
           That Council note the report by the Principal Strategic Planner to the Planning and
           Environment Committee dated 9 May 2023 and authorise the Chief Executive Officer
           to submit to the ShapingSEQ Review Project Team additional Great Places as
           detailed within the report.

           5.2. SEQ REGIONAL CLIMATE RESILIENT ALLIANCE
           That Council note the report by the Climate Change Project Officer to the Planning &
           Environment Committee Meeting dated 9 May 2023 regarding the SEQ Climate
           Resilience Alliance (SEQCRA), and:
               A. Endorse Noosa Council becoming a Member of the SEQ Climate Resilience
                  Alliance for a period of 3 years commencing 1 July 2023;
               B. Note the Director of Environment and Strategy will sit on SEQCRA’s
                  Executive Steering Committee, meeting quarterly; and
               C. Note Council's Carbon Reduction Project Officer will be the staff
                  representative on SEQCRA’s Coordination Committee.

           5.3.RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS)
               AT 1 POINCIANA AVENUE, TEWANTIN

Page 6

ORDINARY MEETING MINUTES                                                          18 MAY 2023


           That Planning & Environment Committee Agenda Item 5.3 be referred to the
           General Committee for further consideration.

           6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
           MARCH 2023
           That Council note the report by the Acting Manager, Development Assessment to
           the Planning & Environment Committee Meeting dated 9 May 2023 regarding
           planning applications that have been decided by delegated authority.

           7.1 KABI KABI NATIVE TITLE
           CONSENT DETERMINATION
           That Planning & Environment Committee Agenda Item 7.1 be referred to the
           General Committee due to the significance of the issue.



           Council Resolution
           Moved:            Cr Clare Stewart
           Seconded:         Cr Tom Wegener
           That the report of the Planning and Environment Committee dated 9 May 2023 be
           received and the recommendations therein be adopted except where dealt with by
           separate resolution.

                                                                         Carried Unanimously.




    8.3.   SERVICES & ORGANISATION COMMITTEE REPORT - 9 MAY 2023


           ATTENDANCE & APOLOGIES

           COMMITTEE MEMBERS
           Councillor Amelia Lorentson
           Councillor Clare Stewart
           Councillor Frank Wilkie

           NON COMMITTEE MEMBERS
           Councillor Karen Finzel
           Councillor Tom Wegener

           EXECUTIVE
           Chief Executive Officer, Scott Waters
           Director Infrastructure Services, Larry Sengstock
           Acting Director Corporate Services Trent Grauf

           APOLOGIES
           Councillor Joe Jurisevic

           COMMITTEE RECOMMENDATIONS TO COUNCIL

           5.1.   PROPOSED REVISED LEASE TERM - SHOP 7 SUNRISE SHOPS

           That Council note the report by the Property Advisor – Commercial Property to the

Page 7

ORDINARY MEETING MINUTES                                                            18 MAY 2023


           Services & Organisation Committee Meeting dated 9 May 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;
               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 five (5) years, subject to the Lessee complying with the terms of the lease.

           6.1.   CAPITAL PROGRAM DELIVERY STATUS

           That Council note the report by the Infrastructure Planning, Design & Delivery
           Manager to the Services & Organisation Committee Meeting dated 9 May 2023
           providing an update on the delivery of the 2022/2023 Capital Program as at 31 March
           2023.

           Council Resolution
           Moved:            Cr Amelia Lorentson
           Seconded:         Cr Karen Finzel
           That the report of the Services & Organisation Committee dated 9 May 2023 be
           received and be received and the recommendations therein be adopted except
           where dealt with by separate resolution.
                                                                       Carried Unanimously.




    8.4.   GENERAL COMMITTEE MEETING REPORT - 15 MAY 2023

           ATTENDANCE & APOLOGIES

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


           EXECUTIVE
           Acting Chief Executive Officer, Larry Sengstock
           Director - Environment & Sustainable Development, Kim Rawlings (via Microsoft
           Teams)

           APOLOGIES
           Nil


           COMMITTEE RECOMMENDATIONS TO COUNCIL


           5.1. RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2
           LOTS) AT 1 POINCIANA AVENUE, TEWANTIN (Referred from P&E 9 May

Page 8

ORDINARY MEETING MINUTES                                                          18 MAY 2023


         2023)

         That Council note the report by the Acting Manager of Development Assessment to
         the Planning & Environment Committee Meeting dated 9 May 2023 regarding
         Application No. RAL22/0028 for a Development Permit for Reconfiguring a Lot – 1 into
         2 lots, situated at 1 Poinciana Ave, Tewantin and note that the Applicant has stopped
         the current currency period.


         6.1. CONTRACT NO. CN00236 - LAWNVILLE ROAD BRIDGE TENDER
         AWARD

         That Council note the report by the Project Manager to the General Committee
         Meeting dated 12 April 202215 May 2023 and:
            A. Award Contract No. CN00236 Lawnville Road Bridge Replacement to Ark
               Construction Group Pty Ltd for the lump sum price of $1,452,428 (excl.
               GST).
            B. Authorise the CEO to negotiate the final contract with Ark Construction Group
               Pty Ltd.

         6.2.    FINANCIAL PERFORMANCE REPORT – APRIL 2023

         That Council note the report by the Manager Financial Services (Acting) to the General
         Committee Meeting dated 15 May 2023 outlining April 2023 year to date financial
         performance against budget, including changes to the financial performance report
         with the inclusion of key financial sustainability indicators.


         6.3.    OPERATIONAL PLAN 2022-23 Q3 QUARTERLY REPORTING

         That Council note the report by the Chief Executive Officer to the General
         Committee Meeting dated 15 May 2023 regarding the 2022-23 Operational Plan
         and:
            A. Note the progress report for the Q3 2022-2023 Operational Plan to 31 March
               2023 provided as Attachment 1; and
            B. Note the status of Council's Key Performance Indicators provided as
               Attachment 2.


         7.1. KABI KABI NATIVE TITLE
         CONSENT DETERMINATION (Referred from P&E 9 May 2023)

         That Council note the report by the Acting Environment Manager to the Planning &
         Environment Committee Meeting dated 9 May 2023 regarding the Kabi Kabi Native
         Title Claim and:
              A. Agree to enter into an agreement made under s 87A Native Title Act 1993
                 and consent to the determination of the Kabi Kabi People native title claim
                 QUD20/2019 in the terms of the s87A Agreement and Proposed Consent
                 Order considered by Council (Attachment 1);
              B. Delegate to the CEO the power to agree to any changes that may be
                 required by the Court to the final determination referred to in paragraph (a)
                 and to instruct Holding Redlich to sign the s87A Agreement on Council’s
                 behalf; and
              C. Delegate the power to the CEO to provide instructions to Holding Redlich to
                 withdraw Council from Federal Court proceedings QUD20/2019 after the

Page 9

ORDINARY MEETING MINUTES                                                           18 MAY 2023


                   determination of Part A becomes effective on the basis that Council has no
                   interest in Part B of the proceedings.

            Council Resolution
            Moved:     Cr Frank Wilkie
            Seconded: Cr Joe Jurisevic
            That the report of the General Committee dated 15 May 2023 be received and the
            recommendations therein be adopted except where dealt with by separate
            resolution.

                                                                        Carried Unanimously.

9.    ORDINARY MEETING REPORTS


      Nil

10.   CLOSED SESSION


      Nil

11.   PUBLIC QUESTION TIME


      Nil

12.   NEXT MEETING


      The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St Tewantin on
      Thursday 15 June 2023.


13.   MEETING CLOSURE


      The Meeting closed at 5.07PM

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