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2022-12-12 General Committee Meeting Minutes

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                       MINUTES


         General Committee
              Meeting


         Monday, 12 December 2022

                                10am
         Council Chambers, 9 Pelican Street, Tewantin



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



                    “Noosa Shire – different by nature”
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Section 2

GENERAL COMMITTEE MEETING MINUTES                                        12 DECEMBER 2022




1.   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.


     The meeting commenced at 10.01am




2.   CONFIRMATION OF MINUTES
     Committee Resolution
     Moved:          Cr Lorentson
     Seconded:       Cr Finzel
     The Minutes of the General Committee Meeting held on 14 November 2022 be received and
     confirmed.
                                                                     Carried unanimously.




3.   PRESENTATIONS
     Nil.




4.   DEPUTATIONS
     Nil.




                                                                               Page 2 of 10

Section 3

GENERAL COMMITTEE MEETING MINUTES                                           12 DECEMBER 2022


5.    ITEMS REFERRED FROM COMMITTEES



PLANNING & ENVIRONMENT COMMITTEE


Nil



SERVICES & ORGANISATION COMMITTEE

1     FREE WEEKEND BUS TRIAL – EXTENSION
      Motion
      Moved:           Cr Lorentson
      Seconded:        Cr Stewart
      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.   Advocate to the State Government of Queensland Minister for Transport, that Noosa
           Shire Council Local Government Area be considered as a future trial site for fully
           subsidised public transport.


      Amendment No.1
      Moved:          Cr Stockwell
      Seconded:       Cr Jurisevic
      That D be amended to read:
      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.
                                                                          Carried unanimously.




                                                                                    Page 3 of 10

Section 4

GENERAL COMMITTEE MEETING MINUTES                                         12 DECEMBER 2022


    Committee Recommendation
    Moved:           Cr Lorentson
    Seconded:        Cr Stewart
    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.
                                                                        Carried unanimously.




2   CONTRACT AWARD – CN00271 MICROSOFT ENTERPRISE AGREEMENT SOFTWARE
    LICENSING
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Stockwell
    That Services & Organisation Committee Agenda Item 3 be referred to the Ordinary Meeting
    for a further report.
                                                                        Carried unanimously.




                                                                                  Page 4 of 10

Section 5

GENERAL COMMITTEE MEETING MINUTES                                            12 DECEMBER 2022


6.   REPORTS DIRECT TO GENERAL COMMITTEE


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
     Committee Recommendation
     Moved:        Cr Jurisevic
     Seconded:     Cr Stockwell
     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.
     For:            Crs. Jurisevic, Stockwell, Stewart, Wilkie, Wegener and Finzel
     Against:        Cr. Lorentson
                                                                                           Carried.

                                                                                      Page 5 of 10

Section 6

GENERAL COMMITTEE MEETING MINUTES                                              12 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
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    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.

                                                                                         Page 6 of 10

Section 7

GENERAL COMMITTEE MEETING MINUTES                                                      12 DECEMBER 2022


    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.
    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
                                                                                     Carried unanimously.



5   NOOSA REEF HEALTH MONITORING PROGRAM

    Committee Recommendation
    Moved:              Cr Stockwell
    Seconded:           Cr Jurisevic
    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.
                                                                                     Carried unanimously.




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.


     Cr Stewart left the meeting room.

     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


                                                                                                 Page 7 of 10

Section 8

GENERAL COMMITTEE MEETING MINUTES                                                       12 DECEMBER 2022


     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.

     Committee Resolution
     Moved:             Cr Stockwell
     Seconded:          Cr Wegener
     That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the
     public interest that Cr Lorentson participates and votes on this matter because Council believes that
     Cr Lorentson does not have a close personal relationship with Mr Cookman and that Mr Cookman’s
     activities during the election are consistent with general participation in local democracy the value of
     which is less than the statutory benchmark of $500 and therefore a reasonable person would trust
     that the final decision is made in the public interest.
                                                                                       Carried unanimously.
     Cr Lorentson & Jurisevic did not vote on the above motion

     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
     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.

     Cr Jurisevic left the meeting room
     Motion
     Moved:             Cr Finzel
     Seconded:          Cr Lorentson
     That Council note the report by the Property Manager to the General Committee Meeting
     dated 12 December 2022 and
     A.     Note the formal request from the Department of Resources regarding the Department
            of Environment and Science’s desire to formally acquire Lot 7 on MCH4562 for
            inclusion in the Great Sandy National Park on the Noosa North Shore; and
     B.     Authorise the CEO to write to the Department of Resources advising that Council:
            1.     Will not unreasonably withhold its support to relinquish trusteeship of Lot 7 on
                   MCH4562 to allow the Department of Environment and Science to be appointed
                   as the new trustee;
            2.     Requests the Department of Environment and Science consult with the
                   community and the resident clubs being the Sunshine Coast Sports Aviators
                   Inc. and the Noosa Model Flyers Inc. regarding future use of the landing ground
                   reserve, as outlined in the Department of Resources’ formal correspondence to
                   Council; and
            3.     Requests the Department of Environment and Science consider feedback
                   noted in Attachments 6-8 to the report regarding the suitability of the landing
                   ground reserve for flying activities and emergency operations when determining
                   future use of the landing ground reserve.

                                                                                                  Page 8 of 10

Section 9

GENERAL COMMITTEE MEETING MINUTES                                         12 DECEMBER 2022


    Amendment No. 1
    Moved:         Cr Stockwell
    Seconded:      Cr Wilkie
    That Council note the report by the Property Manager to the General Committee Meeting
    dated 12 December 2022 and
    A.   Note the formal request from the Department of Resources regarding the Department
         of Environment and Science’s desire to formally acquire Lot 7 on MCH4562 for
         inclusion in the Great Sandy National Park on the Noosa North Shore; and
    B.   Authorise the CEO to write to the Department of Resources advising that Council:
         1.   Has evaluated this property consistent with the requirements of section 16 of the
              Land Act 1994 as part of its recent Planning Scheme Review. As a result of this
              evaluation Council has zoned the property for “Environmental Management and
              Conservation”. It is noted that:
              a.    The overall desired outcomes for this zone include:
                       i.    Land identified as ecologically important areas, water catchments,
                             beach protection or coastal management areas or natural areas
                             with historical or cultural values are protected from development;
                      ii.    Development avoids and mitigates against adverse impacts on the
                             values and processes within ecologically important areas;
                     iii.    Where a demonstrated community need exists, low scale, low
                             impact structures with a small building footprint such as viewing
                             decks, shelters and Environment Facilities that provide for the
                             appreciation, conservation and interpretation of ecologically
                             important areas or areas of cultural or heritage value may develop
                             where consistent with the management intent or plan for the area;
                     iv.     Low impact outdoor sport and recreation activities such as walking
                             trails, canoe trails and the like may develop where a demonstrated
                             community need exists and such activities do not adversely affect
                             the ecological values of the area;
                      v.     Low impact telecommunication facilities and utility installations
                             occur only where they cannot locate in another appropriate zone,
                             are compatible with, and do not impact on, the values and process
                             within ecologically important areas and are designed to minimise
                             the visual impacts on the scenic amenity of the area;
                     vi.     Buildings and structures are designed to maximise energy
                             efficiency and water conservation;
                     vii.    Activities undertaken by recognised traditional owners in
                             accordance with traditional owner custom and practice may be
                             considered; and
                    viii.    Development responds to land constraints including topography,
                             bushfire and flooding.
              b.    In light of this evaluation Council adopted a position in s.3.3.6 Transport
                    and Movement of the Strategic Framework of the Noosa Plan 2020 wherein
                    it states that the “Use of the Noosa North Shore airstrip will not be
                    expanded and the airstrip will ultimately be closed.”
         2.   That Council

                                                                                 Page 9 of 10

Section 10

GENERAL COMMITTEE MEETING MINUTES                                             12 DECEMBER 2022


                  a.    has already adopted the position that the highest and best use of the site
                        is for conservation; and
                  b.    considers the most efficient and effective management and protection
                        regime to achieve the outcomes desired by the Noosa Plan 2020 is to add
                        the lot to the broader conservation estate;
                  c.    therefore supports the relinquishment of its trusteeship of Lot 7 on
                        MCH4562 to allow the Department of Environment and Science to be
                        appointed as the new trustee on the understanding that this should facilitate
                        all remnant vegetation, wetlands, fauna habitats and areas of cultural
                        significance are added to the adjacent National Park or protected under a
                        similar tenure.
     C.     Requests the Department of Environment and Science consult with the community and
            the resident clubs being the Sunshine Coast Sports Aviators Inc. and the Noosa Model
            Flyers Inc. regarding future use of the landing ground reserve, as outlined in the
            Department of Resources’ formal correspondence to Council; and
     D.     Requests the Department of Environment and Science consider feedback noted in
            Attachments 6-8 to the report regarding the suitability of the landing ground reserve for
            flying activities and emergency operations when determining future use of the landing
            ground reserve.


     Procedural Motion
     Moved:         Cr Stockwell
     Seconded:      Cr Wegener
     That General Committee Agenda Item 6 be deferred to the Ordinary Meeting for further
     consideration.
                                                                            Carried unanimously.
     Cr Stewart and Cr Jurisevic returned to the meeting.


7    FINANCIAL PERFORMANCE REPORT – NOVEMBER 2022
     Committee Recommendation
     Moved:             Cr Stewart
     Seconded:          Cr Lorentson
     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.
                                                                         Carried unanimously.

7.   CLOSED SESSION

     Nil.



Meeting closed at: 12.56pm

                                                                                     Page 10 of 10

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