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Meeting minutes
MINUTES
Ordinary Meeting
Thursday, 16 May 2024
5:00 PM
Council Chambers, 9 Pelican Street, Tewantin
Crs Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom
Wegener, Nicola Wilson
“Noosa Shire – different by nature”
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ORDINARY MEETING MINUTES 16 MAY 2024
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Brian Stockwell
Cr Tom Wegener
Cr Nicola Wilson
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Acting Director Infrastructure Services Shaun Walsh
Director Development & Regulation Richard MacGillivray
APOLOGIES
Nil.
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Brian Stockwell
The Minutes of the Ordinary Meeting held on 18 April 2024 be received and
confirmed.
Carried unanimously.
3. MAYORAL MINUTES
1. HOUSING AVAILABILITY AND AFFORDABILITY (PLANNING AND
OTHER LEGISLATION AMENDMENT) ACT 2023 (HAAPOLA) AND
CONSEQUENTIAL AMENDMENTS
Council Resolution
Moved: Cr Frank Wilkie
That Council note the State Government has responded to the current housing
challenge through the recently passed HAAPOLA Bill. However, the consequential
amendments being proposed to the supporting Regulations, Ministerial Guidelines
and Development Assessment Rules, have potential to circumvent and undermine
Council’s good planning through its planning scheme that could result in
unacceptable development outcomes for the Noosa Community.
The HAAPOLA supporting material is currently on public consultation and it is
recommended that Council make a formal submission raising particular concerns on
the new State Facilitated Development (SDF) process, specifically:
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ORDINARY MEETING MINUTES 16 MAY 2024
The SDF process bypasses local government’s statutory role to assess and
decide development applications against planning schemes for declared SFD
proposals;
Provides only a minimal (15%) affordable housing requirement with the
breadth of eligible development being broadly defined;
The process does not clearly outline how affordable housing approved under
SFD will be maintained in perpetuity;
provides limited opportunity for the public to make submissions on
development proposals which have no appeal rights;
may result in inconsistent development outcomes in inappropriate locations
where amenity may be comprised, and building height and scale of
development limits may be exceeded; and
may severely impact areas which have previously received protection under
environmental overlays.
Carried unanimously.
4. PETITIONS
Nil.
5. NOTIFIED MOTIONS
5.1. SHARK CONTROL
Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
5.1 SHARK CONTROL
That Council requests the Chief Executive Officer to prepare a report for an
upcoming Council Meeting addressing the following key issues:
1. Role and Policy Decision: The report should clearly outline the Council’s
role and policy position on the State government’s Shark control program,
the use of shark nets and drumlines, including any ongoing and future
trials.
2. Advocacy and Support to the State: The Council recognises the
importance of advocating for and supporting matters that are significant
to our community. The Chief Executive Officer is requested to identify and
articulate these matters in the report. This may include, but is not limited
to the following:
Continued advances in reporting: In its role as an advocate, Council
supports the importance of transparent reporting from the State
government regarding the effectiveness of shark nets and drumlines
noting the annual catch data is provided on the State government website.
It urges the consideration of further improvements to data reporting
including which side of the nets marine species are caught on, to evaluate
the shark control program’s efficacy and therefore minimise impacts on
non-target species, and GIS mapping with interactive maps to improve
clarity and provide a more comprehensive understanding of the data.
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ORDINARY MEETING MINUTES 16 MAY 2024
Investigation of temporary net relocation during specific periods:
Council requests the State government to provide advice and explore the
feasibility of temporarily relocating shark nets at Laguna Bay to a location
that may mitigate the risk of by-catch and/or whale issues during the
upcoming whale migration period. It is noted that DAFs Marine Animal
Release Teams have just completed their annual training and whale
alarms will be going on the nets during the next changeover.
Continuous Evaluation of Technological Advancements: The Council
advocates for the State government to continually evaluate the latest
technological advancements in shark protection devices. The report
should outline other possible recommendations on new technologies for
consideration by the State government such as the Shark Safe Barriers’
model of electronic current deterrence developed in South Africa in terms
of its cost-effectiveness and success rate.
Noosa Council extends an invitation to the Department of Agriculture and
Fisheries (DAF) to present their findings on the Shark Control Program. This
presentation could be a valuable addition to the Council report, providing
comprehensive insights into the effectiveness and impact of the program.
The DAF’s expertise and firsthand experience with the Shark Control Program
would offer a unique perspective, potentially highlighting areas of success and
identifying opportunities for improvement for consideration by the Councillors.
Amendment
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That:
Item 1 be amended to read: "1. Role and Policy Decision: The report
should clearly outline the Council’s role and recommend a policy position
on the State government’s Shark control program, the use of shark nets
and drumlines, including any ongoing and future trials."
the following sentence be deleted: "Noosa Council extends an invitation
to the Department of Agriculture and Fisheries (DAF) to present their
findings on the Shark Control Program." and
the following sentence be added after dot point 3: "It be agreed that
advocacy to the State on any aspect of the Shark Control Program or
resolution on a Council position on shark nets not occur until Noosa
Councillors have had a presentation from the Department of Agriculture
and Fisheries (DAF) on the Shark Control Program."
Carried unanimously.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council requests the Chief Executive Officer to prepare a report for an
upcoming Council Meeting addressing the following key issues:
1. Role and Policy Decision: The report should clearly outline the Council’s role
and recommend a policy position on the State government’s Shark control
program, the use of shark nets and drumlines, including any ongoing and
future trials.
2. Advocacy and Support to the State: The Council recognises the importance
of advocating for and supporting matters that are significant to our community.
The Chief Executive Officer is requested to identify and articulate these
matters in the report. This may include, but is not limited to the following:
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ORDINARY MEETING MINUTES 16 MAY 2024
Continued advances in reporting: In its role as an advocate, Council
supports the importance of transparent reporting from the State government
regarding the effectiveness of shark nets and drumlines noting the annual
catch data is provided on the State government website. It urges the
consideration of further improvements to data reporting including which side
of the nets marine species are caught on, to evaluate the shark control
program’s efficacy and therefore minimise impacts on non-target species, and
GIS mapping with interactive maps to improve clarity and provide a more
comprehensive understanding of the data.
Investigation of temporary net relocation during specific periods:
Council requests the State government to provide advice and explore the
feasibility of temporarily relocating shark nets at Laguna Bay to a location that
may mitigate the risk of by-catch and/or whale issues during the upcoming
whale migration period. It is noted that DAFs Marine Animal Release Teams
have just completed their annual training and whale alarms will be going on
the nets during the next changeover.
Continuous Evaluation of Technological Advancements: The Council
advocates for the State government to continually evaluate the latest
technological advancements in shark protection devices. The report should
outline other possible recommendations on new technologies for
consideration by the State government such as the Shark Safe Barriers’ model
of electronic current deterrence developed in South Africa in terms of its cost-
effectiveness and success rate.
It be agreed that advocacy to the State on any aspect of the Shark Control
Program or resolution on a Council position on shark nets not occur until Noosa
Councillors have had a presentation from the Department of Agriculture and
Fisheries (DAF) on the Shark Control Program.
This presentation could be a valuable addition to the Council report, providing
comprehensive insights into the effectiveness and impact of the program.
The DAF’s expertise and firsthand experience with the Shark Control Program
would offer a unique perspective, potentially highlighting areas of success and
identifying opportunities for improvement for consideration by the Councillors.
Carried unanimously.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
7.1. DEBRA WALZ
TOPIC: COMMUNITY ENGAGEMENT
11. PUBLIC QUESTION TIME
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ORDINARY MEETING MINUTES 16 MAY 2024
11.1. ANDREW MCCARTHY - DRAFT NOOSA RIVER CATCHMENT
MANAGEMENT PLAN
Question 1.
With only two months to go, Mr Sengstock what actions have been undertaken,
and/or what plans have the Council put in place to conduct a full community and
stakeholder consultation on the Draft Noosa River Catchment Management Plan
so that Council can report back in July 2024 with a final and fully costed NRCMP
in line with October 2023 procedural motion?
Response provided by Director Strategy & Environment, Kim Rawlings
The Council election and caretaker occurs over a number of months, as
previously advised we have been in a process of providing information and
induction for our new Council on many many Council p[projects, services and
initiatives. The River Plan being just one of these. In this context Council is
currently receiving information and considering how best to move forward on the
River Plan.
Question 2.
The inclusion of 'To Consider a Conservation Park' in the Draft Catchment Plan
created a substantial public backlash. Has the Council contacted the relevant
state authorities to see if they would approve a Conservation park over the Noosa
River before splitting the community by adding It again? If not, why not?
Response provided by Director Strategy & Environment, Kim Rawlings
Yes, Council has been in contact with the Department of Environment and
Science (DES). Quite rightly DES have not indicated support or not support, nor
has Council asked them to indicate support or otherwise, as there is a process of
investigation required to be undertaken before any indication on support or
otherwise could occur. DES have been clear on the process required for
establishment of a conservation park anywhere which would include undertaking
a detailed feasibility study, including an assessment of current natural, cultural
and socio-economic values of the river, engaging with First Nations people and
undertaking public consultation prior to making any formal request to the Minister.
Further steps would still then be required including the development a draft
management agreement with the State Government.
11.2. DEBRA WALZ - FLUORIDE
Question 1.
Can Council provide an update regarding progress with SEQWater in relation to
removing fluoride from Noosa Shire's drinking water, including a cost analysis and
estimate timeframe on the impact on Council's budget over the period of time to
transition to fluoride free water?
Response provided by Director Development & Regulation, Richard
MacGillivray
It’s important to highlight Noosa Council does not manage the treatment and
distribution of potable water in Noosa. Treatment is undertaken by Seqwater and
distribution by UnityWater. As the operators of the fluoride dosing process, it is
appropriate for Seqwater to provide advice on these matters. The question
received by Council from Ms Walz on 5 December 2023 was forwarded to
Seqwater for advice on 7 December 2023. I can advise a response was finally
received from Seqwater in April this year. In their response Seqwater confirm that
the ‘Fluoridation of the water supply is a public health measure administered by
the Queensland Government’. ‘Seqwater monitors fluoride concentrations in
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ORDINARY MEETING MINUTES 16 MAY 2024
drinking water continuously and reports the result to Queensland Health
regularly’. Their response also states that ‘to date, no Council that Seqwater
supplies in South East Queensland has requested to cease fluoridation of potable
water. Therefore, an economic cost analysis and works management timeframe
is not available. Any such analysis would need to consider a range of factors
given the Noosa Water Supply Zone is connected to the broader SEQ Water
Grid. Noosa was connected to the grid in 2012 to bolster water security for the
region, particularly in times of drought.’ Notwithstanding that no specific economic
cost analysis has been provided by Seqwater, given the Noosa Water Supply is
connected and receives water from the broader SEQ Water Grid, it is clear that
the process would be complex and the cost to ratepayers to remove fluoride from
the potable water supply would likely be significant. The matters raised in the
petition received by Council is currently being reviewed and a response will be
provided in due course.
Question 2.
What is the molecular form of the fluoride compound that is used in Noosa Shire's
water, including the origin of this compound, and is this compound chemically
pure?
Response provided by Director Development & Regulation, Richard
MacGillivray
The chemical processes and materials employed in the fluoridation of water
across SEQ are significantly outside the scope of Council's remit, and it is advised
that this enquiry can be best addressed directly with the water supplier,
Seqwater.
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 MAY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson, Chair (via Microsoft Teams) Cr Brian Stockwell
Cr Frank Wilkie Cr Tom Wegener
NON COMMITTEE MEMBERS
Nil
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray Director Strategy &
Environment Kim Rawlings
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
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ORDINARY MEETING MINUTES 16 MAY 2024
5.1. MCU22/0154.01 – APPLICATION FOR A MINOR CHANGE TO A
DEVELOPMENT APPROVAL FOR FOOD AND DRINK OUTLET, SHOPS
AND OFFICES AT 214 DAVID LOW WAY, PEREGIAN BEACH
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 7 May 2024 regarding Application No.
MCU22/0154.01 to make a minor change to an existing approval for Food and
Drink Outlet, Shops & Offices situated at 214 David Low Way Peregian Beach
and:
A. Agree to amend Condition 2, as outlined in Attachment 1.
B. Note this report is prepared in accordance with Section 63(5) of the
Planning Act 2016.
5.2. 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE – EXPANSION OF SPECIAL PURPOSE
(WASTE DISPOSAL AND RECYCLING FACILITY) & ONGOING
CLEARING PURPOSES AT 561 EUMUNDI NOOSA ROAD, DOONAN
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 7 May 2024 regarding Application No.
132005.638.03 for Representations to the Other Change approval to an existing
development permit for Material Change of Use – Waste Disposal & Recycling
Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561
Eumundi Noosa Rd Doonan Qld 4562 and:
A. Agree to amend conditions 40 and 43, as outlined in Attachment 1; and
B. Note this report is prepared in accordance with Section 63(5) of the Planning
Act 2016.
5.3. MCU21/0104.01 APPLICATION FOR A MINOR CHANGE TO A
DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE OF
PREMISES (UNDEFINED USE – MOTORCYCLE / SCOOTER SALES &
REPAIR) – 16 RENE ST, NOOSAVILLE
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 7 May 2024 regarding Application No.
MCU21/0104.01 to make a minor change to an existing approval for a Material
Change of Use of Premises (Undefined Use – Motorcycle/Scooter Sales &
Repair) situated at 16 Rene St, Noosaville and:
A. Approve the change.
B. Amend conditions 2, 5, 7, 8 and 10 as outlined in Attachment 1.
C. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
5.4. MCU22/0051 REPRESENTATIONS TO DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE - HARDWARE & TRADE SUPPLIES AT 178
EUMUNDI NOOSA ROAD, NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning &
Environment Committee Meeting dated 7 May 2024 regarding representations
made in relation to Development Approval MCU22/0051 for Hardware and Trade
Supplies situated at 178 Eumundi Noosa Rd Noosaville and:
A. Agree to amend conditions 3, 7, 13,15, 20 and 21 as outlined in Attachment 1;
B. Delete conditions 39 & 40;
C. Refuse the representations made to conditions 5 for the following reasons:
Condition 5
The condition is a reasonable requirement given the application was made over
178 Eumundi Noosa Road which includes the existing Bunnings Warehouse. The
retention of a significant hardware component and trade sales area within the
Bunnings Warehouse is an important consideration in the assessment of the
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ORDINARY MEETING MINUTES 16 MAY 2024
proposed trade supplies store and the original Bunnings Warehouse.
D. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Amelia Lorentson
That the report of the Planning and Environment Committee meeting dated 7 May
2023 be received and the recommendations therein be adopted.
Carried unanimously.
8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 7 MAY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Karen Finzel, Chair
Cr Jessica Phillips
Cr Frank Wilkie
Cr Nicola Wilson
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
Cr Tom Wegener
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Acting Director Infrastructure Services Shaun Walsh (via Microsoft Teams)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
6.1. CAPITAL PROGRAM 2023/24 DELIVERY STATUS
That Council note the report by the Infrastructure Planning Officer to the Services
& Organisation Committee Meeting 7 May 2024 providing an update on the
delivery of the 2023/24 Capital Program as at 31 March 2024.
Council Resolution
Moved: Cr Karen Finzel
Seconded: Cr Jessica Phillips
That the report of the Services & Organisation Committee meeting dated 7 May
2024 be received and the recommendations therein be adopted.
Carried unanimously.
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ORDINARY MEETING MINUTES 16 MAY 2024
8.3. GENERAL COMMITTEE MEETING REPORT - 13 MAY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Tom Wegener
Cr Frank Wilkie
Cr Nicola Wilson
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
6.1. OPERATIONAL PLAN 2023-24 Q3 QUARTERLY REPORTING
That Council note the report by the Chief Executive Officer (Acting) to the General
Committee dated 13 May 2024 regarding the 2023-24 Operational Plan and:
A. Note the progress report for Q3 2023-24 Operational Plan to 31 March 2024
provided as Attachment 1;
B. Note the comments on the progress of all initiatives identified provided as
Attachment 2; and
C. Note the status of Council's Key Performance Indicators as provided as
Attachment 3.
6.2. FINANCIAL PERFORMANCE REPORT – APRIL 2024
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 13 May 2024 outlining April 2024 year to date
financial performance against budget, including changes to the financial
performance report with the inclusion of key financial sustainability indicators.
6.3. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
JANUARY, FEBRUARY, MARCH & APRIL 2024
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this
matter in relation to applications MCU21/0228.01 & OPW21/0364.014
(Combined with MCU21/0228.01) by Altum Property Group which are Items 7 &
22 in the Delegated Authority report. Leigh McCready who is associated with the
applicant to the best of my knowledge, was involved in a volunteer capacity for
my 2020 election campaign with Future Noosa, which is no longer an entity. As
a result of my conflict of interest I will now leave the meeting room while the matter
is considered and voted on.
Cr Finzel left the meeting.
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ORDINARY MEETING MINUTES 16 MAY 2024
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 declared conflict of interest in
relation to the application OPW21/0353.02 by MC Bain which is Item 13 in the
Delegated Authority report, due to my personal relationship with the applicant
Mark Bain and the Bain Family who are family friends. We have attended social
events together, and our children have attended school together. As a result of
my conflict of interest I will now leave the meeting room while the matter is
considered and voted on.
Cr Lorentson left the meeting.
Cr Stockwell informed the meeting that he had previously declared conflicts of
interest in relation to applications made by Altum Property Group in the Planning
Applications by Delegated Authority Reports.
Cr Stockwell advised: During the last term I, Cr Stockwell, declared a conflict
relating to Leigh McCready and the Altum property group relating to events in the
lead up to the 2020 election. As this issue was prior to the relevant term, and as
I am advised Leigh McCready no longer has an interest in the company it is not
my intent to continue to make this declaration.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the report by the Development Assessment Manager to the
General Committee Meeting 13 May 2024 regarding applications that have been
decided by delegated authority as per Attachment 1.
Carried unanimously.
Crs Finzel and Lorentson returned to the meeting.
7.1. ENDORSEMENT OF
PROPOSED AMENDMENTS TO NOOSA PLAN 2020 FOR THE PURPOSE OF
PUBLIC NOTIFICATION AND COMMUNITY CONSULTATION
That Council note the report by the Strategy and Sustainability Manager to the
General Committee Meeting dated 13 May 2024 regarding proposed
amendments to Noosa Plan 2020 and:
A. Endorse the proposed amendments to Noosa Plan 2020 provided as tracked
changes in Attachment 3 for the purpose of public notification and community
consultation;
B. Authorise the Chief Executive Officer to make additional changes to the
proposed amendments to Noosa Plan 2020 contained in Attachment 3 as
required by the Minister's conditional approval and Minister's certain advice
recommendations outlined in this report;
C. Authorise public notification and community consultation for a period of 31
business days and in accordance with the Community Engagement Plan as
amended by the Minister's conditional approval;
D. Following public notification bring forward a community consultation report for
Council consideration;
E. Make the proposed amendments publicly available on Council's website as of
31 May 2024, being the first day of public notification.
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ORDINARY MEETING MINUTES 16 MAY 2024
7.2. DISPOSAL OF LAND FOR COMMUNITY HOUSING
That Council
A. Note the report by the Senior Strategic Planner to the General Committee
dated 13 May 2024 regarding the disposal of proposed Lot 1, 62 Lake Macdonald
Drive to Coast2Bay Housing Group;
B. Delegate to the CEO the power to perform the actions required to undertake
the subdivision of the base parcel including:
1. tender for the remediation works;
2. negotiate, finalise and execute a contract for the remediation works for the sum
generally outlined in the Report:
3. finalise the scope for subdivision works;
4. tender for the subdivision works;
5. enter to negotiate, finalise and execute a contract for the subdivision works for
the sum generally outlined in the Report; and
6. finalise the subdivision works.
C. Resolve that the exemption to dispose of a non-current asset other than by
tender or auction contained in section 236(1)(b) of the Local Government
Regulation applies to the disposal of proposed Lot 1.
D. Approve to dispose of proposed Lot 1 of land under section 236 of the Local
Government Regulation 2012 to Coast2Bay Housing Group subject to:
1. provisions outlined in the Heads of Agreement dated 4 April 2024;
2. purchase price being the market value outlined in the Report; and
3. other conditions which the CEO considers appropriate for the protection of
Council's interests;
E. Pursuant to section 257 of the Local Government Act 2009 (Qld), delegate to
the Chief Executive Officer the power to negotiate, approve and pursuant to
section 262 of the Local Government Act 2009 (Qld), enter into a contract on
behalf of Noosa Shire Council for the disposal of proposed Lot 1 to Coast2Bay
Housing Group on the conditions outlined above for the purpose of delivering the
community housing outcomes.
7.3. CN00619 – PROVISION OF STREET SWEEPING
SERVICES
That Council
A. Note the report by the Maintenance Planning Coordinator regarding the
provision of Street Sweeping Services to the General Committee dated 13 May
2024;
B. Award both separable portions of Contract No. CN00619 Provision of Street
Sweeping Services to Specialised Pavement Services Pty Ltd, for an initial term
of up to two (2) years, commencing 1 July 2024 and expiring 30 June 2026, with
an option to extend for three (3) further periods of up to twelve (12) months each.
The option to extend will be at Council’s own discretion and subject to the
Contractor’s ability to meet the requirements under the Contract; and
C. Authorise the CEO to negotiate the final contract with Specialised Pavement
Services Pty Ltd.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Nicola Wilson
That the report of the General Committee meeting dated 13 May 2024 be
received and the recommendations therein be adopted except where dealt with
by separate resolution.
Carried unanimously.
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ORDINARY MEETING MINUTES 16 MAY 2024
9. ORDINARY MEETING REPORTS
9.1. PROPOSED MEETING SCHEDULE - JULY TO DECEMBER 2024
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Nicola Wilson
That Council note the report by the Chief Executive Officer (Acting) to the
Ordinary Meeting dated 16 May 2024 and approve the Council Meeting dates for
the remainder of 2024 (July-December) as set out in Attachment 1 to the Report.
Carried unanimously.
9.2. OVERVIEW OF COMMUNITY ENGAGEMENT PROGRAM FOR 2024
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That Council note the report by the Chief Executive Officer to the Ordinary
Meeting dated 16 May 2024 regarding Council's community engagement
program for the remainder of 2024.
Carried unanimously.
9.3. ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE
LOCAL LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING
ERROR
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Amelia Lorentson
That Council adopt, pursuant to section 32 of the Queensland Local Government
Act 2009, a Consolidated Version of Subordinate Local Law No. 1
(Administration) 2015 in the form in Attachment 1 to this Report, which rectifies
the unintentional omission of section 3(c)(i) – (iv) of Schedule 10.
Carried unanimously.
10. CLOSED SESSION
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ORDINARY MEETING MINUTES 16 MAY 2024
10.1. CONTRACT NUMBER CN00319B - UPPER PINBARREN
CREEK ROAD LANDSLIDES
In accordance with Chapter 5B of the Local Government Act 2009, Cr Phillips
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Phillips, inform the meeting that I have a declarable conflict of interest in this
matter as I have become aware that the company my husband works for is
associated with a company that tendered an application for confidential contract
number CN00319B. However he has had no involvement in any construction of
the tender. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I am not closely
related to the applicant and they are not recommended for the tender. Therefore,
I 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 Stockwell
Seconded: Cr Wilson
That Council note the declarable conflict of interest by Cr Phillips and determine
that Cr Phillips participates and votes on this matter because Council believes
that a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Cr Phillips did not vote on the above motion.
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Jessica Phillips
That the meeting be closed to the public pursuant to section 254J(3)(g) of the Local
Government Regulation 2012 for the purpose of discussing Item 10.1 Contract
Number CN00319B - Upper Pinbarren Creed Road Landslides.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That the meeting be re-opened to the public.
Carried unanimously.
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ORDINARY MEETING MINUTES 16 MAY 2024
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the report by the Disaster Reconstruction Coordinator to the
Ordinary Meeting dated 16 May 2024 and:
1. Award Contract No. CN00319B for Landslide Remedial Works - Upper
Pinbarren Creek Road to Hazell Bros Group Pty Ltd;
2. Delegate to the Chief Executive Officer the power to negotiate, finalise,
execute and do all things necessary to administer the Contract on behalf
of Council; and
3. Delegate to the Chief Executive Officer the power to amend the contract
up to 11.5% of the total contract value.
Carried unanimously.
12. NEXT MEETING
The next Ordinary Meeting will be held at hinterland venue on Thursday 20 June 2024
at 5.00pm.
13. MEETING CLOSURE
The meeting closed at 07:08 PM