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2022-12-15 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting


         Thursday, 15 December 2022

                    commencing 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 AGENDA                                   15 DECEMBER 2022


TABLE OF CONTENTS

ITEM                                                                  PAGE

1.     ATTENDANCE & APOLOGIES                                             3

2.     CONFIRMATION OF MINUTES                                            3

3.     MAYORAL MINUTES                                                    3

4.     PETITIONS                                                          3

5.     NOTIFIED MOTIONS                                                   4

       1   INDEPENDENT REVIEW OF BURGESS CREEK                            4

6.     PRESENTATIONS                                                      5

7.     DEPUTATIONS                                                        5

8.     CONSIDERATION OF COMMITTEE REPORTS                                 6

       1   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER
           2022                                                           6

       2   SERVICES & ORGANISATION COMMITTEE MEETING REPORT 6 DECEMBER
           2022                                                           8

       3   GENERAL COMMITTEE MEETING REPORT 12 DECEMBER 2022             11

9.     ORDINARY MEETING REPORTS                                          16

       4   FURTHER REPORT - CONTRACT AWARD CN00271          MICROSOFT
           ENTERPRISE AGREEMENT SOFTWARE LICENSING                       16

10.    CLOSED SESSION                                              19

11.    PUBLIC QUESTION TIME                                              19

12.    NEXT MEETING                                                      19

13.    MEETING CLOSURE                                                   19




                                                                Page 2 of 19

Section 3

ORDINARY MEETING AGENDA                                                 15 DECEMBER 2022


1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Ordinary Meeting held on 17 November 2022 be received and confirmed.




3.   MAYORAL MINUTES




4.   PETITIONS




                                                                                Page 3 of 19

Section 4

ORDINARY MEETING AGENDA                                                       15 DECEMBER 2022


5.   NOTIFIED MOTIONS


SUBMITTED BY COUNCILLOR:                       Cr Lorentson
COUNCIL MEETING:                               Ordinary Meeting, 15 December 2022


I hereby notify of my intention to move the following motion at the Ordinary Meeting
to take place on Thursday, 15 December 2022
1    INDEPENDENT REVIEW OF BURGESS CREEK
That Council authorise the Chief Executive Officer to seek an independent review of Burgess Creek
Waste Water Treatment Plant outflows into the Burgess Creek Catchment by a suitable Engineering
and Environmental Firm and provide a report to Council detailing at a minimum:
A.   A review of historical water quality data including water quality volumes;
B.   A review of the permit and equivalent person capacity of the plant;
C.   Environmental impact of Waste Water Treatment Plant outflows into the Burgess Creek
     catchment against the historical Environmental Impact Statement; and
D.   Any other matters deemed appropriate for reporting by the appointed firm.



                                                    8 December 2022

 Councillor                                         Date



COUNCILLOR COMMENT
As a Councillor at Noosa Shire Council, my primary role is to listen to our community and bring
matters of concern to this Council table for discussion, debate and decision. Over the past year I
have become increasingly concerned in learning the history of the Burgess Creek catchment and
when engaging with our Community understanding that my concern is matched. I have provided
this Notice of Motion to seek an independent review to cut through the bureaucracy and seek plain
and simple answers. While I have the utmost respect for our staff and the staff of Unity Water, I
have not been satisfied with the responses received and am now seeking an independent review. I
have worked with our CEO in forming this notice of motion and again want to reiterate that I have
the utmost respect for our staff and Unitywater, but am just seeking plain and simple answers to
assist in future decision making and ensure that our Local Government Area has best practice Waste
Water Treatment through best practice infrastructure.



To all Councillors and Directors
I hereby notify that Cr Lorentson intends to move the motion as shown above at the Ordinary Meeting
to be held 15 December 2022.


                                                    8 December 2022

 Chief Executive Officer                            Date




                                                                                     Page 4 of 19

Section 5

ORDINARY MEETING AGENDA   15 DECEMBER 2022


6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     Nil.




                                Page 5 of 19

Section 6

ORDINARY MEETING AGENDA                                                   15 DECEMBER 2022


8.    CONSIDERATION OF COMMITTEE REPORTS


1     PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022

ATTENDANCE & APOLOGIES

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

Cr Amelia Lorentson (non-Committee Councillor for Items 1-4)
Cr Frank Wilkie (non-Committee Councillor for Items 1 & 2)

EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

1     MCU22/0060 - PLANNING & ENVIRONMENT COURT APPEAL NO BD2147 OF 2022 –
      APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH
      That Council note the report by the Acting Manager Development Assessment to the Planning
      & Environment Committee Meeting dated 6 December 2022 in relation to Planning &
      Environment Court Appeal BD2147 of 2022 and approve the defence of the appeal.


2     SSL22/0815 - PLANNING & ENVIRONMENT COURT APPEAL NO D136 OF 2022 –
      APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
      SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 365 DAVID LOW WAY,
      PEREGIAN BEACH
      That Council note the report by the Acting Manager Development Assessment to the Planning
      & Environment Committee Meeting dated 6 December 2022 in relation to Planning &
      Environment Court Appeal D136 of 2022 and approve the defence of the appeal.


3     SSL22/1774 - PLANNING & ENVIRONMENT COURT APPEAL NO D156 OF 2022 –
      APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
      SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 1/18 EDWARD ST,
      NOOSAVILLE
      That Council note the report by the Acting Manager Development Assessment to the Planning
      & Environment Committee Meeting dated 6 December 2022 in relation to Planning &
      Environment Court Appeal D156 of 2022 and approve the defence of the appeal.


4     CLIMATE CHANGE RESPONSE GRANTS –ROUND TWO 2022/23
      That Council note the report by the Carbon Reduction Project Officer to the Planning &
      Environment Committee Meeting dated 6 December 2022 and

                                                                                  Page 6 of 19

Section 7

ORDINARY MEETING AGENDA                                                     15 DECEMBER 2022


     A.   Approve the Climate Change Response Grants recommendations as outlined in this
          report; and
     B.   Retain available grant funds for the next funding round scheduled to be released in early
          2023.


5    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
     OCTOBER 2022
     That Council note the report by the Acting Manager, Development Assessment to the Planning
     & Environment Committee Meeting dated 6 December 2022 regarding planning applications
     that have been decided by delegated authority.




Committee Recommendation
That the report of the Planning & Environment Committee dated 6 December 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                     Page 7 of 19

Section 8

ORDINARY MEETING AGENDA                                                       15 DECEMBER 2022


2      SERVICES & ORGANISATION COMMITTEE MEETING REPORT 6 DECEMBER 2022


ATTENDANCE & APOLOGIES

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

Cr Finzel (non-Committee Councillor)

EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services
K Contini, Director Community Services

APOLOGIES
Nil.


COMMITTEE RECOMMENDATIONS TO COUNCIL


1      FREE WEEKEND BUS TRIAL – EXTENSION
       That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
       due to the significance of the issue.


2      CONTRACT NO. T000057 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR
       PROVISION OF FLEET MECHANICAL REPAIRS AND MAINTENANCE SERVICES
       That Council note the report by the Fleet Supervisor to the Services & Organisation Committee
       Meeting dated 6 December 2022 and
       A.   Award Contract No. T000057 for a Register of Pre-Qualified Suppliers for Provision of
            Fleet Mechanical Repairs and Maintenance Services for a period of twelve (12) months
            commencing on 1 January 2023 to the following suppliers:
            •     Better Engineering;
            •     Bridgestone Australia Ltd;
            •     Enzed Sunshine Coast;
            •     Hastings Deering (Australia) Limited;
            •     Hinterland Heavy Diesel Services;
            •     Kingy's Diesel Industries;
            •     Mechanicare Noosa;
            •     Noosa Car & Truck Air & Electrics Pty Ltd;
            •     Noosa Exhaust & Mechanical;
            •     Paulger Engineering; and
            •     Pirtek Fluid Systems Pty Ltd.
       B.   Authorise the CEO to approve the appointment of new suppliers to the Register of Pre-
            Qualified Suppliers (ROPS) as a result of ‘refresh’ processes conducted during the term
            of the ROPS, at the sole discretion of Council and in accordance with Section 232 of the

                                                                                      Page 8 of 19

Section 9

ORDINARY MEETING AGENDA                                                                15 DECEMBER 2022


          Local Government Regulation 2012; and
    C.    Subject to satisfactory performance of the suppliers, authorise the CEO to approve the
          option to extend the contract at the expiry of the initial term for a further four (4) terms of
          up to twelve (12) months each, ending on 31 Dec 2027.


3   CONTRACT AWARD – CN00271 MICROSOFT ENTERPRISE AGREEMENT SOFTWARE
    LICENSING
    That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
    due to significance of the issue.


4   2022 – 2023 COMMUNITY GRANTS PROGRAM – COMMUNITY PROJECT GRANTS
    (ROUND TWO)
    That Council note the report by the Community Development Manager to the Services &
    Organisation Committee Meeting dated 6 December 2022 and approve Round Two 2022-23
    Community Project Grants.


5   2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
    (ROUND TWO) - EQUIPMENT
    That Council note the report by the Community Development Manager to the Services &
    Organisation Committee Meeting dated 6 December 2022 and approve Round Two 2022-23
    Community Project Grants – Equipment provided in Attachment 1 to this report.


6   2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
    (ROUND TWO) - EVENTS
    That Council note the report by the Community Development Manager to the Services &
    Organisation Committee Meeting dated 6 December 2022 and approve Round Two 2022-23
    Community Project Grants – Events provided in Attachment 1 to this report.


7   2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
    (ROUND TWO) - INFRASTRUCTURE
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
    the funding recommendation to Tewantin Noosa Cricket Club. My son plays at Tewantin Noosa Cricket
    Club and he is a member of the club. Although I have a declarable conflict of interest, I do not believe a
    reasonable person could have a perception of bias because I believe I do not stand to receive a personal
    benefit or loss in relation to this funding. Therefore, 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.
    That Council note the report by the Community Development Manager to the Services &
    Organisation Committee Meeting dated 6 December 2022 and approve Round Two 2022-23
    Community Project Grants – Infrastructure provided in Attachment 1 to this report.


8   2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
    (ROUND TWO) – PROGRAM/PROJECTS
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:


                                                                                                 Page 9 of 19

Section 10

ORDINARY MEETING AGENDA                                                                 15 DECEMBER 2022


     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
     the funding recommendation to YouTurn Limited. I am the Patron of the not for profit, YouTurn Limited
     which works in the areas of Child Safety, Homelessness and Mental Health. Although I have a
     declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
     because I have no decision-making role at YouTurn – the role of Patron is to promote and highlight the
     valuable work they do, and I do not stand to receive a personal benefit or loss in relation to this funding.
     Therefore, 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.
     That Council note the report by the Community Development Manager to the Services &
     Organisation Committee Meeting dated 6 December 2022 and approve Round Two 2022-23
     Community Project Grants – Program/Projects provided in Attachment 1 to this report.


9    REGIONAL ARTS DEVELOPMENT FUND (RADF) – GRANT RECOMMENDATIONS 2022-
     23
     That Council note the report by the Community Development Manager to the Services &
     Organisation Committee Meeting dated 6 December 2022 and approve the Regional Arts
     Development Fund recommendations for Round 18 as outlined in Attachment 1 to the report.




Committee Recommendation
That the report of the Services & Organisation Committee dated 6 December 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                                 Page 10 of 19

Section 11

ORDINARY MEETING AGENDA                                                         15 DECEMBER 2022


3      GENERAL COMMITTEE MEETING REPORT 12 DECEMBER 2022

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 Jensen, Acting Director Environment and Sustainable Development
T Grauf, Acting Director Corporate Services
L Sengstock, Director Infrastructure Services


APOLOGIES
Nil.

COMMITTEE RECOMMENDATIONS TO COUNCIL

1      FREE WEEKEND BUS TRIAL – EXTENSION
       That Council note the report by the Project Officer to the Services & Organisation Committee
       Meeting dated 6 December 2022; and
       A.   Subject to Translink agreement, approve the continuation of free weekend bus services
            on Translink routes 626, 627, 628, 629 and 632 between 13 February 2023 and 13
            February 2024;
       B.   Fund the cost of free weekend bus services from the Sustainable Transport Levy; and
       C.   Continue to negotiate with Translink on their ticketing systems with the aim to allow other
            routes that enter and depart the Noosa Shire to be included.
       D.   Thank the State Government of Queensland Minister for Transport for his Governments
            ongoing support of subsidised public transport and advocate that Noosa Shire Council
            Local Government Area be considered as a future trial site for fully subsidised public
            transport.




2      CONTRACT AWARD – CN00271 MICROSOFT ENTERPRISE AGREEMENT SOFTWARE
       LICENSING
       That Services & Organisation Committee Agenda Item 3 be referred to the Ordinary Meeting
       for a further report.




                                                                                       Page 11 of 19

Section 12

ORDINARY MEETING AGENDA                                                         15 DECEMBER 2022


3   MCU21/0154.01 – APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT
    APPROVAL FOR HOME BASED BUSINESS (SMALL SCALE MEAT PROCESSING) AT 82
    PATTERSON DRIVE, TINBEERWAH
    That Council note the report by the Development Planner Lisa Pienaar to the General Meeting
    dated 12 December 2022 regarding Application No. MCU21/0154.02 for a minor change to the
    development approval for a Home-based business (Small Scale Meat Processing) situated at
    82 Patterson Drive, Tinbeerwah and:
    A.   Approve the application and agree to change conditions 5, 7, 14 and 18 as follows:
         5.    The facility is not permitted to process more than ten (10) carcasses per
               week, with harvesting to occur a maximum of one evening a week.
         7.    Meat processing must not occur outside the hours of 8:00am to 5:00pm
               Monday to Friday, with a maximum of 2 deliveries from the site permitted on
               Saturday and Sunday and public holidays.
         14.   No commercial deliveries or collections are permitted on site, other than 1
               collection per week, made between Monday to Friday 9am to 4pm via a small,
               refrigerated van.
         18.   To minimise the potential impacts of the operator’s vehicle and refrigerated
               trailer returning to and departing from the site, the operator must:
               a.    Dim vehicle lights at night time when departing and returning to the site
                     (if safe and practical to do so).
               b.    Keep mechanical equipment associated with the refrigeration and
                     cooling of the trailer turned off until the vehicle has left the subject site.
               c.    Only deliver harvested animals to the site a maximum of 1 day per
                     week.
    B.   Amend condition 19 to read:
         The access handle must be densely landscaped with native plants and shrubs to
         provide a dense screen of vegetation between the driveway and neighbouring
         residents. The landscape garden bed along the southern boundary adjacent Lot
         61RP886676 pool area must be enhanced with supplementary planting being eight
         (8), “Syzygium australe” or “Syzygium luehmanii” with a minimum plant stock size
         of 45 litres at a density of 1 plant per metre. All supplementary planting works must
         be undertaken 1 month from the date of this approval.
    C.   Amend condition 21 to read:
         This permit lapses on 17 December 2024 unless written consent is provided by
         Council to extend the approval. In assessing an extension, Council will have regard
         to any complaints received from nearby residents concerning breaches of the
         development approval conditions, and any other relevant matters.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                        Page 12 of 19

Section 13

ORDINARY MEETING AGENDA                                                          15 DECEMBER 2022



4   OPW21/0133 – PLANNING & ENVIRONMENT COURT APPEAL NO. D68 OF 2022 –
    APPLICATION FOR OPERATIONAL WORKS – PRESCRIBED TIDAL WORKS AT 10-12
    RAVENWOOD DVE, NOOSA HEADS
    That Council note the report by the Acting Manager Development Assessment to the General
    Committee Meeting dated 12 December 2022 regarding Planning & Environment Court Appeal
    No. D68 of 2022 and agree to settle the appeal generally in accordance with the following
    conditions:
    PLANNING
          Approved Plans
    1.    The prescribed tidal works must be maintained in accordance with this approval and
          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
            1046.08              A       Site Plan, Jetty As Constructed prepared       9 September 2021
            Drawing 01                   by Suncoast Studio
            1046.08              A       Plan View and Elevations, Jetty As             9 September 2021
            Drawing 02                   Constructed prepared by Suncoast Studio
            21-5381AA                    Plan showing location of joint jetty at Lots   12 April 2021
                                         158 & 159 on N21859 prepared by Max
                                         Watterson and Associates
          Site Specific Conditions
    2.    The full extent of the existing jetski dock located on the canal bank in the frontage of No
          10 Ravenwood Drive (Lot 159 N21859) must be wholly removed within 1 month of the
          date of this decision.
          General Conditions
    3.    All structures must be maintained such that they are free standing within the waterway
          and are not connected to or behind the revetment wall
    4.    All structures must have no detrimental effects on stormwater drains and/or easements.
    5.    A rigid handrail must be maintained on at least one side of the walkway. The handrail
          must be maintained as an open design and in accordance with the approved plans.
    6.    No posts or vertical supports of the proposed jetty are to extend vertically from the
          structure unless they provide necessary support for the handrail.
    7.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose
          of elevating a vessel above the water without Council approval.
    8.    There must be no electrical reticulation system carrying electricity in excess of 24 volts
          beyond the revetment wall unless all switches and power outlets are positioned above
          the 1%AEP flood level.
    9.    Lighting associated with the use must be designed, installed, operated, and maintained
          in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
          Lighting.
    10.   The jetty is to be used for private purposes only with no commercial operations to be
          undertaken.
    11.   Boat repair activities are not permitted on site.
    12.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
    13.   The mooring facility must not be utilised for live-aboard purposes.


                                                                                          Page 13 of 19

Section 14

ORDINARY MEETING AGENDA                                                                  15 DECEMBER 2022


    14.   Any post construction activity is not to impact on the condition of the waterway, and is to
          be conducted so as not to breach the Environmental Protection Act EPA (1994) and the
          Environmental Protection (Water) Policy 2009.
    15.   Certification by a Registered Professional Engineer of Queensland that states that the
          jetty is structurally sound and safe for the intended use must be submitted to Council.
          This certification must be submitted to Council within 1 month of the works being
          completed.
    16.   A final inspection and approval of the works by Council’s Inspector is required. Please
          contact Council’s Development Assessment Branch on 5329 6500 to arrange the
          inspection.
    17.   This approval lapses where the works have not been completed within two (2) years of
          the date of issue of the approval.
    18.   After completion the proposed works must be maintained in a sound state of repair



5   NOOSA REEF HEALTH MONITORING PROGRAM
    That Council note the report by the Principal Environment Officer – River Strategy and
    Engagement to the General Committee Meeting dated 12 December 2022 and approve the
    addition of Reef Check Australia to Council’s Specialised Supplier List.



6   NOOSA NORTH SHORE AIRCRAFT LANDING GROUND RESERVE – REQUEST TO
    RELINQUISH COUNCIL TRUSTEESHIP
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as Mr David
    Cookman, Vice President of Sunshine Coast Sports Aviators (who are a submitter to this issue), donated
    $500 on 17 March 2020 to my 2020 election campaign and also put up corflutes for me during this
    campaign. Mr Cookman receives a small financial benefit from the Club’s use of the fields in his capacity
    as one of their paid part time flight trainers for club members. As a result of my conflict of interest I will
    now leave the meeting room while the matter is considered and voted on.


    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
    following declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter in relation
    to David Cookman, Vice President of Sunshine Coast Sports Aviators, submitters to this report. Mr
    Cookman approached me after a Meet the Candidates night and asked for some election campaign
    posters to advertise on his properties. I did not know Mr Cookman or have any relationship with him
    prior to meeting him that night. Although I have a declarable conflict of interest, I do not believe a
    reasonable person could have a perception of bias because I do not consider that I have a close
    personal relationship with Mr Cookman. Therefore, 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.

    In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Jurisevic , inform the meeting that I have a declarable conflict of interest in this matter in relation to
    David Cookman, Vice President of Sunshine Coast Sports Aviators, submitters to this report. Mr
    Cookman assisted with my 2016 campaign as my representative at Pomona booth. Although I have a
    declarable conflict of interest, I do not believe a reasonable person could have a perception of bias


                                                                                                  Page 14 of 19

Section 15

ORDINARY MEETING AGENDA                                                            15 DECEMBER 2022


    because I do not consider that I have a close personal relationship with Mr Cookman. It is now my
    understanding Mr Cookman may receive a small financial benefit from the Club’s use of the fields in his
    capacity as one of their paid part time flight trainers for club members. As a result of my conflict of
    interest I will now leave the meeting room while the matter is considered and voted on.

    That General Committee Agenda Item 6 be deferred to the Ordinary Meeting for further
    consideration.


7   FINANCIAL PERFORMANCE REPORT – NOVEMBER 2022
    That Council note the report by the Manager Financial Services (Acting) to the General
    Committee Meeting dated 12 December 2022 outlining November 2022 year to date financial
    performance against budget, including changes to the financial performance report with the
    inclusion of key financial sustainability indicators.




Committee Recommendation
That the report of the General Committee dated 12 December 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.




                                                                                           Page 15 of 19

Section 16

ORDINARY MEETING AGENDA                                                        15 DECEMBER 2022


9.   ORDINARY MEETING REPORTS


4    FURTHER REPORT - CONTRACT AWARD CN00271 MICROSOFT ENTERPRISE
     AGREEMENT SOFTWARE LICENSING

Author            ICT Manager, Justin Thomas
                  Corporate Services Department

Index             ECM/Subject/30.04 Licenses

Attachments       Nil


EXECUTIVE SUMMARY
Further to the report provided to Council as part of the agenda for the Services and Organisation
Committee Meeting dated 6 December 2022, and subsequently referred to General Committee
Meeting dated 12 December 2022, this report provides Council with additional information as
requested at the meetings.
The original report tabled on 6 December 2022 outlined the proposed procurement approval of a
three-year contract for Microsoft licensing from Data#3 Pty Ltd (Data#3). The further report was
requested by Council to clarify the total cost of the quotation given identified errors in the amounts
presented in the original report. Data#3 have submitted a new quotation.
The revised quotation is $539,387.29 (ex GST) per annum, which is $3,390.03 (ex GST) higher than
the amount stated in the original report of $535,997.26 (ex GST).
In addition, clarification is provided that the amount is not a fixed fee but variable based on the
number of user licenses and software features obtained. Quoted amounts are provided based on
current demand (number of users and software features used).
RECOMMENDATION
That Council note the report by the ICT Manager to the Services & Organisation Committee Meeting
dated 6 December 2022, and the further report to the Ordinary Meeting dated 15 December 2022
and:
A.   Award contract CN00271 for Microsoft Enterprise Agreement Software Licensing to Data#3
     Pty Ltd for a three-year term in accordance with Section 234 – Exception for LGA arrangement
     of the Local Government Regulation 2012;
B.   Note the corrected annualised cost of the contract is $539,387.29 (ex-GST) as clarified in this
     further report, which supersedes the original proposed cost tabled in the 6 December report to
     Services and Organisation Committee Meeting of $535,997.26 (ex GST);
C.   Note that this cost is calculated based on current demand and schedule of rates, with a typical
     cost is $866 (ex GST) per user or device per year inclusive of Microsoft Windows, Office 365
     cloud productivity suite including online file storage and file sharing, Microsoft Teams
     telephony, and bundled information protection, personal computer anti-virus, mobile device
     management and security capabilities including multi-factor authentication; and
D.   Authorise the CEO to negotiate the final annual fees and schedule of rates with Data#3 for
     Microsoft licenses obtained for the duration of the contract between 12/12/2022 and
     31/12/2026 (inclusive) updated to reflect new staff (users) or additional Microsoft software
     utilised.




                                                                                       Page 16 of 19

Section 17

ORDINARY MEETING AGENDA                                                            15 DECEMBER 2022


REPORT
Further to the report provided to Council as part of the agenda for the Services and Organisation
Committee Meeting dated 6 November 2022, this report provides Council with additional information
as requested at the meeting to clarify the correct cost of services provided under the contract.
The 6 December 2022 report to Services and Organisation Committee outlined an annual cost for
the Microsoft Enterprise Agreement to be $535,997.26 (ex GST), which equates to and a total
contract cost of $1,607,991.78 (ex GST) over the three-year term of the contract.
Prior to Council Services and Organisation Meeting deliberations on 6 December 2022, Data#3
advised Council on 5 December 2022 that an error was identified in the submitted quotation used in
the report to Council meeting of 6th December. This was confirmed via teleconference with Microsoft
and Data#3 on the 6 December 2022.
During Services and Organisation Meeting deliberations on 6 December 2022, Council were advised
that that the reported amounts were incorrect and report referred to General Committee on 12
December 2022 and then subsequently to Ordinary Meeting on 14 December 2022 with a further
report requested by Council to clarify the quotation.
The following matters were identified in relation to the quotation which have now been clarified:
•       Bundled licenses cost, noting the complexity of the Microsoft license bundling matrix with over
        170 different Microsoft features and software offerings across 20 different customer packages.
•       The number of users and type of Council devices.
•       Implementation program for security upgrades.
•       Number of licenses for specialised software Microsoft Project.
Overall, this clarification resulted in a net increase of $3,390.03 (ex GST) over the original quotation
with a revised annual cost of $539,387.29 (ex-GST).
This revised cost and current licensing requirement is summarised in the following table:


    Requirements                                                                          Quantity
    On Premises Licenses and Software Assurance Licenses
    Microsoft Project (legacy licensing kept to reduce cost of cloud versions)               40
    Visio diagram software (legacy licensing kept to reduce upgrade licensing costs)         18
    Visual Studio Pro MSDN (access to Microsoft technical documentation)                      1
    SQL Server Standard (database licensing for Leisure and Community Care systems)           2
    Windows Server Standard Core (server licensing)                                          32
    Online Service Licenses
    Windows and Office Licensing (normal users)                                             568
    Office Licensing (special users and mailboxes with subset of capabilities)               15
    Defender anti-malware for special users and mailboxes                                    14
    Visio Diagramming software (basic edition)                                                1
    Visio Diagramming software (advanced edition)                                             1
    Azure Premium P2 Addon (security capabilities for special users and mailboxes)           50
    Desktop phone licence (phone handsets)                                                   27
    Basic email licence for special users and mailboxes                                      42
    Intune device management license for ICT admin accounts                                   2
    Microsoft Project management software cloud version(basic)                               19
    Microsoft Project management software cloud version (advanced)                           30
    Microsoft Project management software cloud version (complete)                           10
    Microsoft Teams Room licensing                                                           19
    Total Cost                                                                          $539,387.29



                                                                                        Page 17 of 19

Section 18

ORDINARY MEETING AGENDA                                                            15 DECEMBER 2022


In addition, the report Services and Organisation Committee Meeting dated 6 November 2022 did
not clearly articulate that this is not a fixed fee contract over a three year term but rather schedule of
rates. Costs under the contract will increase with additional users, licenses as well as for specialised
Microsoft software products (such as Microsoft Project). A typical base license cost is $866 (ex GST)
per user per year inclusive of Microsoft Windows, Office 365 cloud productivity suite including online
file storage and file sharing, Microsoft Teams telephony, and bundled information protection,
personal computer anti-virus, mobile device management and security capabilities including multi-
factor authentication. The bundled security capabilities also include a critical conditional access
capability that has protected Council from malicious logons from overseas.
Any specialised software requirements will increase the cost per user per annum.
If additional users or devices are added during the term of the agreement, individual licences are
added in a “true up” at the end of each calendar year. The additional licences are procured being
paid pro-rata back to the date they were added. If users or devices are removed, licences are
available for redeployment.
As a result, whilst the total cost extrapolated over the three year term of the contract equates to
$1,618,161.87 (ex GST) in practice the annual cost may increase with license demand in future
years and this total cost will in turn be higher.
Previous Council Consideration
Refer to original report tabled at Services and Organisational Committee meeting of 6 December
2022 and referred to General Committee meeting on 14 December 2022.
Finance
The Microsoft Enterprise Agreement annual cost based on current licensing demand is $539,387.29,
which remains within current budget allocation for the 2022/23 year of $539,884.00. Budgets for
future financial years will be reassessed as part of annual budget deliberations and recalculated
based on licensing demand.
The adopted budget includes a budget of $539,884 for Microsoft licensing.
Risks & Opportunities
Council’s Microsoft licensing includes subscription licensing for email and telephony that does not
permit continued use after the expiry of the licensing agreement. To continue using Microsoft
licensing without loss of service or breaching copyright, Council must renew the Microsoft licensing
before the expiry of the existing agreement on the 1 January 2023.
Consultation
External Consultation - Community & Stakeholder
•       Local Government Account Executive, Microsoft Australia.
•       Software Licensing Account Manager, Data#3 Pty Ltd.
•       Director, Codify Pty Ltd.

Internal Consultation
Nil.

Departments/Sections Consulted:

       Chief Executive Officer    Community Services                       x   Corporate Services
       Executive Support          Director                                 X   Director
                                  Community Development                        Financial Services
                                  Community Facilities                         Fleet
                                  Libraries & Galleries                        ICT
                                  Local Laws                               X   Procurement
                                  Waste & Environmental Health                 Property
                                                                               Revenue Services


                                                                                            Page 18 of 19

Section 19

ORDINARY MEETING AGENDA                                                       15 DECEMBER 2022


      Executive Services        Environment & Sustainable Development     Infrastructure Services
      Director                  Director                                  Director
      Community Engagement      Building & Plumbing Services              Asset Management
      Customer Service          Development Assessment                    Buildings and Facilities
      Governance                Economic Development                      Civil Operations
      People and Culture        Environmental Services                    Disaster Management
                                Strategic Land Use Planning               Infrastructure Planning,
                                                                          Design and Delivery




10.    CLOSED SESSION

       Nil.




11.    PUBLIC QUESTION TIME

       Nil


12.    NEXT MEETING
       The next Ordinary Meeting will be held on 19 January 2023 at the Council Chambers, 9 Pelican
       Street, Tewantin commencing at 5pm.




13.    MEETING CLOSURE




                                                                                       Page 19 of 19

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