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2015-03-12 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 12 March 2015
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING AGENDA 12 MARCH 2015
TABLE OF CONTENTS
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
A Rogers, Director Community Services
M Drydale, Director Planning and Infrastructure
APOLOGIES
Councillor T Wellington
The meeting commenced at 6.00pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 12 February 2015 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
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Section 3
ORDINARY MEETING AGENDA 12 MARCH 2015
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
3 MARCH 2015 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon, Noel Playford
Other Councillors in Attendance: Cr Wilkie
The Recommendations from the Infrastructure & Services Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Bolton
The Infrastructure & Services Committee recommendations dated 3 March 2015 be adopted.
Carried.
1 REQUEST FOR CHANGES TO NOOSA LOCAL ROADS OF REGIONAL SIGNIFICANCE
That Council note the report by the Project Officer, Asset Planning to the Infrastructure &
Services Committee Meeting dated 3 March 2015 and:
A. Endorse the changes requested to the approved listing of Noosa Local Roads of
Regional Significance as presented to the Northern South-East Queensland Regional
Roads & Transport Group; and
B. Appoint Cr Frank Pardon as Council’s representative on the Northern South-East
Queensland Regional Roads & Transport Group.
2 MUNNA POINT CARAVAN PARK FORESHORE EROSION
That Council note the report by the Coastal & Foreshores Technical Officer to the
Infrastructure & Services Committee Meeting dated 3 March 2015 providing an update on
the Munna Point Caravan Park Foreshore Protection project.
3 REVIEW OF THE OPERATIONS OF THE COOROY BUTTER FACTORY
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
Reason for referral: Significance of issue
4 NOOSA AQUATIC CENTRE (NAC) – HALF YEARLY REPORT TO 31 DECEMBER 2014
That Council note the report by the Noosa Aquatic Centre Coordinator to the Infrastructure
& Services Committee Meeting dated 3 March 2015 providing an update on the activities of
the Noosa Aquatic Centre (NAC) to 31 December 2014.
5 NOOSA LEISURE CENTRE (NLC) – HALF YEARLY REPORT TO 31 DECEMBER 2014
That Council note the report by the Noosa Leisure Centre Coordinator to the Infrastructure
& Services Committee Meeting dated 3 March 2015 providing an update on the activities of
the Noosa Leisure Centre (NLC) to 31 December 2014.
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Section 4
ORDINARY MEETING AGENDA 12 MARCH 2015
6 THE J AND BICENTENNIAL COMMUNITY CENTRE (BCC) – HALF YEARLY REPORT
TO 31 DECEMBER 2014
That Council note the report by the The J Coordinator to the Infrastructure & Services
Committee Meeting dated 3 March 2015 providing an update on the activities of The J and
Bicentennial Community Centre to 31 December 2014.
7 NOOSA COMMUNITY CARE (NCC) – HALF YEARLY REPORT TO 31 DECEMBER 2014
That Council note the report by the Noosa Community Care Coordinator to the
Infrastructure & Services Committee Meeting dated 3 March 2015 providing an update on
the activities of Noosa Community Care (NCC) to 31 December 2014.
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Section 5
ORDINARY MEETING AGENDA 12 MARCH 2015
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
3 MARCH 2015 – Crs Joe Jurisevic, Noel Playford, Tony Wellington, Frank Wilkie
Other Councillors in Attendance: Nil.
The Recommendations from the Planning and Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The Planning & Organisation Committee recommendations dated 3 March 2015 be adopted.
Carried.
Cr Frank Wilkie stepped down as Chair.
APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
That the Planning & Organisation Committee appoint Cr Joe Jurisevic as the Chair of that
Committee.
Carried.
1 DEVELOPMENT OF A NOOSA SHIRE KOALA POLICY
That Council note the report by the Principal Environment Officer to the Planning &
Organisation Committee Meeting dated 3 March 2015 and:
A. Undertake public consultation through Council’s ‘Your Say Noosa’ webpage to inform
the development of Noosa Shire Koala Policy and through targeted consultation with
key interest groups; and
B. Endorse the development of a Noosa Shire Koala Policy.
2 MCU14/0103 MATERIAL CHANGE OF USE APPLICATION FOR A DETACHED HOUSE
IN CONSERVATION ZONE SITUATED AT 146 SOLAR ROAD, COOROY MOUNTAIN
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 3 March 2015 regarding Application No. MCU14/0103 for a
Development Permit for Material Change of Use for a Detached House situated at 146
Solar Road, Cooroy Mountain and
A. Approve the application in accordance with the conditions contained in the Planning
& Organisation Committee Agenda dated 3 March 2015; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The proposed development is appropriately sited, will not require the removal of
any existing vegetation within the Open Space Conservation zone, and is within
an existing disturbed part of the site.
2. The proposed house does not conflict with any of the values intended to be
protected by the Open Space Conservation zone and will not adversely impact
on the Mount Cooroy Conservation Park.
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Section 6
ORDINARY MEETING AGENDA 12 MARCH 2015
3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A DETACHED
HOUSE SITUATED AT 71 SEAVIEW TERRACE, SUNSHINE BEACH - MCU14/0084
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 3 March 2015 regarding Application No. MCU14/0084 for a
Development Permit for Detached House situated at 71 Seaview Terrace, Sunshine Beach
and approve the application in accordance with the conditions contained in the Planning &
Organisation Committee Agenda dated 3 March 2015.
4 NEGOTIATED DECISION REQUEST FOR RECONFIGURING OF 3 LOTS INTO 17 LOTS
- REC13/0146 SITUATED AT 55 LAKE MACDONALD DRIVE, COOROY
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 3 March 2015 regarding a request for a Negotiated Decision
Notice for Reconfiguring 3 lots into 17 lots situated at 55 Lake Macdonald Drive, Cooroy
and:
A. Agree to change the Preliminary Approval to a Development Permit with a relevant
period of 4 years;
B. Agree to issue a Negotiated Decision Notice and change Condition 1 and 15 to read
as follows:
Stormwater Detention and Flooding
1. The Development must be carried out in accordance with the revised
Stormwater Detention and Flooding Report, prepared by BSM, dated 10
February 2015.
a. Deleted
b. Deleted
Active Park
15. Active park embellishments must be provided generally in accordance with
drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land
Development Concept Plan, prepared by Play Environment Consulting dated
17.11.14 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land
Development Concept Plan, prepared by Play Environment Consulting dated
17.11.14. All works to be dedicated are “non-trunk infrastructure” for the
purposes of the Sustainable Planning Act 2009.
C. Execute the Infrastructure Agreement for the provision of Park embellishments.
5 NOOSA COMMUNITY PROFILE & DEMOGRAPHIC REVIEW
That Council note the report by the Principal Strategic Planner to the Planning &
Organisation Committee Meeting dated 3 March 2015 and endorse the Community Profile
prepared by AEC Group for use in policy preparation.
6 DECEMBER 2014 QUARTERLY BUDGET REVIEW REPORT
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral: Planning & Organisation Committee requested a further report
regarding the costs and savings associated with the recently appointed Electrician.
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Section 7
ORDINARY MEETING AGENDA 12 MARCH 2015
7 COMMUNITY PURPOSE LAND AND INFRASTRUCTURE TENURE POLICY
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 3 March 2015 and:
A. Repeal the Interim Tenure Policy for the Community Use of Council Owned and
Managed Infrastructure that transferred to the Noosa Council from the Sunshine
Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation 2013;
B. Approve the Community Purpose Land and Infrastructure Tenure Policy as set out in
Attachment 1 to this report subject to the following amendments:
1. Inclusion of an advisory note under “Land and Infrastructure Operating
Expenses” advising that Council has policies in place that deal with how
general rates can be waived for community groups;
2. changes as follows to “Land and Infrastructure Maintenance and Renewal
Expenses”:
All new tenure arrangements will specify the tenure holder as solely responsible
for the costs of maintaining, repairing and replacing improvements and also
maintenance of existing grounds and facilities within the tenured area, unless
otherwise agreed. It is acknowledged that there may be exceptional
circumstances, such as matters relating to public safety, where Council takes
responsibility for short-term repairs and associated costs. An inspection
program undertaken by Council will generate an asset renewal and
maintenance plan which will be the community organisation’s responsibility to
implement; and
C. Authorise the Chief Executive Officer to put in place administrative guidelines and
tools required to implement the policy.
8 NOOSA BIOSPHERE RESERVE MANAGEMENT - FUNDING ARRANGEMENTS AND
LEASE OF DOONELLA HOUSE
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral: Planning & Organisation Committee requested a further report
providing detailed changes to Clause 6.2 in the Draft Funding Deed.
9 COMMUNITY ENGAGEMENT ACTIVITY AND PROJECT OVERVIEW
That Council note the report by the Community Engagement Manager to the Planning &
Organisation Committee Meeting dated 3 March 2015 detailing community engagement
activities and a review of projects.
10 COUNCILLOR REQUEST GUIDELINES
That Council note the report by the Chief Executive Officer to the Planning & Organisation
Committee Meeting dated 3 March 2015 and
A. Repeal the Councillor Acceptable Request Guidelines that transferred to the Noosa
Council from the Sunshine Coast Regional Council under the Local Government (De-
amalgamation Implementation) Regulation 2013; and
B. Adopt the Councillor Request Guidelines (provided at Attachment 1 to the report).
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Section 8
ORDINARY MEETING AGENDA 12 MARCH 2015
11 CONTACT WITH LOBBYISTS POLICY
That Council note the report by the Executive Manager to the Planning & Organisation
Committee Meeting dated 3 March 2015 and defer consideration to a future meeting so
that a further report can be provided which includes the proposed policy, guidelines and
procedures for Council’s consideration.
12 PUBLIC INTEREST DISCLOSURE POLICY
That Council note the report by the Governance Advisor to the Planning & Organisation
Committee Meeting dated 3 March 2015 and:
A. Adopt the Noosa Council Policy “Public Interest Disclosure” (Attachment 1); and
B. Authorise the Chief Executive Officer to develop an organisational level Public
Interest Disclosure Procedure.
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Section 9
ORDINARY MEETING AGENDA 12 MARCH 2015
GENERAL COMMITTEE RECOMMENDATIONS
9 MARCH 2015 - Crs Bob Abbot, Sandy Bolton, Joe Jurisevic, Frank Pardon, Noel Playford
Tony Wellington and Frank Wilkie
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Bolton
Seconded: Cr Wilkie
The General Committee recommendations dated 9 March 2015 be adopted except where dealt
with or held over by separate resolution.
Carried.
Cr Wellington stepped down as Chair.
APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the Planning & Organisation Committee appoint Cr Frank Wilkie as the Chair of that
Committee.
Carried.
1 REVIEW OF THE OPERATIONS OF THE COOROY BUTTER FACTORY
Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173
of the Local Government Act) due to his regular attendance of the Cooroy Lower Mill Board
Meetings in an ex-officio capacity.
Cr Wellington believed he could consider this item impartially and in the public interest and
therefore remained in the meeting room for debate and decision on this matter.
That Council note the report by the Director of Community Services to the Infrastructure &
Services Committee Meeting dated 3 March 2015 and agree to:
A. Adopt Option 3 as its preferred option;
B. Staff consulting with the Cooroy Lower Mill Board to develop a Business plan and
budget to present to Council in a future report; and
C. Continue to maintain the Butter Factory and Pottery Shed buildings.
2 DECEMBER 2014 QUARTERLY BUDGET REVIEW REPORT
That Council note the report by the Manager Financial Services to the Planning &
Organisation Committee Meeting dated 3 March 2015 and the further report to the General
Committee dated 9 March 2015, and approve the requested changes to the budget for the
2014/2015 financial year as outlined in the Schedule of Proposed Budget Adjustments
(Attachment 1) and Budget Financial Statements (Attachment 2).
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Section 10
ORDINARY MEETING AGENDA 12 MARCH 2015
3 NOOSA BIOSPHERE RESERVE MANAGEMENT – FUNDING ARRANGEMENTS AND
LEASE OF DOONELLA HOUSE
That Council note the report by the Executive Officer to the Planning & Organisation
Committee Meeting dated 3 March 2015 and the further report to the General Committee
Meeting dated 9 March 2015 and:
A. Agree to enter into a funding deed with the Noosa Biosphere Reserve Foundation Ltd
as provided in Attachment 1 to the report to Planning & Organisation Committee
dated 3 March 2015 with the following changes:
1. Clause 4.1 Payments
Amend clause 4.1 b) ii) to read “$250,000 (excluding GST) – payable to the
NBRF Public Trust from the Environment Levy for projects that conserve and/or
improve biodiversity in the Noosa Shire and have tangible and measurable
outcomes”.
Amend clause 4.1 b) iii) to read “$80,000 (excluding GST) – payable to the
NBRF Public Trust for economic projects consistent with the purposes of the
Trust.
2. Clause 6.2 Repayment of Funding
Amend as outlined in the further report to General Committee dated 9 March 2015.
B. Authorise the Chief Executive Officer to make minor alterations to the Deed, as may
be necessary, and enter into a formal agreement with the Foundation;
C. Agree in principle to a one-off contribution of $10,000 being for the establishment and
initial operating costs of a community based incorporated association that is aligned
with the purposes of the Noosa Biosphere Reserve Trust, subject to no membership
fees being charged until after the second annual general meeting;
D. Apply the exception to the requirement for tendering under Section 236(1)(b)(ii) of the
Local Government Regulation 2012 for the occupancy of part of Council owned
premises located on Lot 1, RP96529 at 52 Doonella Street, Tewantin as the
proposed lease is to a not for profit community organisation; and
E. Authorise the Chief Executive Officer to enter into negotiations with the Noosa
Biosphere Reserve Foundation Ltd and finalise a lease for part of Council owned
premises located on Lot 1, RP96529 at 52 Doonella Street, Tewantin, for a period of
3 years, with a 3 year option.
4 CONTRACT 1415Q020 – WALLACE PARK SHARED PATHWAY
That Council note the report by the Designer, Capital Works to the General Committee
meeting dated 9 March 2015 and award contract 1415Q020 to Carruthers Contracting for
the lump sum amount of $318,040.38.
5 PROGRESS UPDATE POMONA
FLOOD MITIGATION PROPERTY RESUMPTION OBJECTION
That Council note the report by the Property Officer and Project Manager to the General
Committee meeting dated 9 March 2015 and hold over the matter to allow a further report
the Ordinary Meeting dated 12 March 2015 to address issues raised during the General
Committee meeting.
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Section 11
ORDINARY MEETING AGENDA 12 MARCH 2015
6 ORDINARY MEETING REPORTS
1 UPDATE ON OUTCOMES OF DE-AMALGAMATION BALANCE SHEET ALLOCATION
Council Resolution
Moved: Cr Playford
Seconded: Cr Pardon
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 12 March 2015 and
A. Note the outcome of the five issues in dispute between Noosa Council and Sunshine Coast
Regional Council as determined by the Minister for Local Government, Community
Recovery and Resilience;
B. Note the legal advice received by the Chief Executive Officer in relation to the decision by
the Minister for Local Government, Community Recovery and Resilience; and
C. Agree that Council take no further action on the matter.
Carried.
7 PETITIONS
1 PETITION: REQUEST TO REMOVE SWAN ST, WYLAH ST AND CREEK ROAD
NOOSAVILLE FROM BUS ROUTES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Pardon
That the petition tabled by Cr Wilkie requesting Council to remove Swan St, Wylah St and Creek
Road Noosaville from bus routes be received and referred to the Chief Executive Officer to
determine appropriate action.
Carried.
2 PETITION: REQUEST TO COUNCIL TO DESIGNATE CHAPLIN PARK, NOOSAVILLE
AS A DOG OFF LEASH AREA
Council Resolution
Moved: Cr Bolton
Seconded: Cr Jurisevic
That the petition tabled by Cr Bolton requesting Council to designate Chaplin Park, Noosaville as
a dog off leash area be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried.
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Section 12
ORDINARY MEETING AGENDA 12 MARCH 2015
8 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Moved: Cr Jurisevic
Seconded: Cr Pardon
That the meeting be closed to the public pursuant to section 275(1)(h) of the local government
regulation 2012 for the purpose of discussion Item 2 –
Progress Update Pomona Flood Mitigation Property Resumption Objection
Carried.
RE-OPENING OF THE MEETING TO THE PUBLIC
Moved: Cr Pardon
Seconded: Cr Bolton
That the meeting be re-opened to the public.
Carried.
2 PROGRESS UPDATE POMONA
FLOOD MITIGATION PROPERTY RESUMPTION OBJECTION – FURTHER REPORT
Council Resolution
Moved: Cr Playford
Seconded: Cr Pardon
That Council note the report by the Property Officer and Project Manager to the General
Committee Meeting dated 9 March 2015 and the further report to the Ordinary Meeting dated 12
March 2015 and
A. Note the outcomes of objection process regarding the acquisition of Lot 24 on RP 35098
(13 Rifle Street Pomona);
B. Agree to the detailed design for flood mitigation works at Rifle Street Pomona;
C. Delegate authority to the Chief Executive Officer (CEO) to acquire on behalf of the Council,
the whole of the site described as Lot 20 on RP 800332 (3 Rifle Street Pomona) and Lot 24
on RP 35098 (13 Rifle Street Pomona) in accordance with the Acquisition of Land Act 1967
(the Act) including:
1. entering into a resumption agreement with the owner of Lot 24 on RP 35098 (13 Rifle
Street Pomona) to acquire that property in accordance with section 15 of the
Acquisition of Land Act 1967;
2. failing such an agreement, applying to the Minister for Natural Resources and Mines
to take Lot 20 on RP 800332 (3 Rifle Street Pomona) and Lot 24 on RP 35098 (13
Rifle Street Pomona) under Section 9 of the Acquisition of Land Act 1967;
3. arranging for the publication of notices in the Queensland Government Gazette to
declare that Lot 20 on RP 800332 (3 Rifle Street Pomona) and Lot 24 on RP 35098
(13 Rifle Street Pomona) are taken by the Council under the Acquisition of Land Act
1967 for the purpose of flood mitigation;
4. settling the final claims for compensation for the taking of Lot 20 on RP 800332 (3
Rifle Street Pomona) and Lot 24 on RP 35098 (13 Rifle Street Pomona) with the
respective land owners;
Carried.
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Section 13
ORDINARY MEETING AGENDA 12 MARCH 2015
9 NEXT MEETING
The next Ordinary Meeting will be held on 9 April 2015 in the Council Chambers, 9 Pelican
Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.55pm.
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