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Meeting minutes
MINUTES
Ordinary Meeting
Thursday, 19 September 2024
10:00 AM
Council Chambers, 9 Pelican Street, Tewantin
Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian
Stockwell, Tom Wegener, Nicola Wilson
“Noosa Shire – different by nature”
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Page 2
ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Brian Stockwell (in person and partly via Microsoft Teams)
Cr Nicola Wilson
EXECUTIVE
Chief Executive Officer, Larry Sengstock
Director Corporate Services, Trent Grauf
Director Development & Regulation, Richard MacGillivray
Director Strategy and Environment, Kim Rawlings
Acting Community Services Director, Paul Brinkman
Acting Director Infrastructure, Shaun Walsh
APOLOGIES
Cr Tom Wegener
WELCOME TO COUNTRY BY KABI KABI PEOPLES ABORIGINAL
2.
CORPORATION
Special guests from the Kabi Kabi Peoples Aboriginal Corporation, Secretary &
Director Brian Warner, Treasurer & Director Melissa Bond, Director Aunty Helena
Gulash, Director Cecilia Combo, and Director Kerry Jones joined Council for the
meeting and Director Aunty Helena Gulash performed their Welcome to
Country. Apologies were received from Chair & Director Norman Bond and Director
Uncle Michael Douglas.
3. ORDINARY MEETING REPORTS
3.1. NOOSA COUNCIL SUPPORT FOR THE KABI KABI COMMITMENT
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Council note the report by the Director of Strategy & Environment to the
Ordinary Meeting dated 19 September 2024 and
A. Acknowledge, support and commit to the “Kabi Kabi Commitment”
provided at Attachment 1;
B. Embrace the shared principles of custodianship and co-stewardship of
Noosa’s land and waters in partnership with Kabi Kabi, as outlined in the
“Kabi Kabi Commitment”; and
C. Note that Council will continue partnering with Kabi Kabi to identify
opportunities to embed their knowledge, culture, traditions and aspirations
in Council’s strategies, plans, projects and services across all key areas of
Council work.
Carried unanimously.
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
That the operation of the Standing Orders or any relevant provision thereof be
suspended to allow the signing of the Kabi Kabi Commitment documents.
Carried unanimously.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Standing Orders be resumed.
Carried unanimously.
The meeting adjourned at 10.36am.
The meeting resumed at 11.08am.
4. CONFIRMATION OF MINUTES
4.1. ORDINARY MEETING MINUTES DATED 15 AUGUST 2024
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 15 August 2024 be received and
confirmed.
Carried unanimously.
4.2. SPECIAL MEETING MINUTES DATED 23 AUGUST 2024
Council Resolution
Moved: Cr Jessica Phillips
Seconded: Cr Karen Finzel
The Minutes of the Special Meeting held on 23 August 2024 be received and
confirmed.
Carried unanimously.
9. DEPUTATIONS
9.1. DEPUTATION - BUS SERVICE 5834
APPLICANT: RACHAEL MORRISON
SPEAKERS: RACHAEL MORRISON, DEANNE PAYZE, JOHN CHERRY
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
9.2. DEPUTATION - PROPOSED HOUSING DEVELOPMENT AT 62 LAKE
MACDONALD DRIVE COOROY
APPLICANT: PATRICIA SPICER
SPEAKERS: PATRICIA SPICER, PAUL NOONAN, PHIL EGAN
The following material was presented to the meeting in relation to this item:
Patricia Spicer– refer to Attachment 1 to the Ordinary Meeting Minutes
12. PUBLIC QUESTION TIME
12.1. SUE AGNEW
Question 1.
What exactly is being filtered out of the water in filtered water bottle filling stations
in Noosa Shire and where does the (unfiltered) water come from?
Response Provided by Shaun Walsh, Director Infrastructure
The filters installed on all of Council’s Bottle Filling stations are fitted with 5-micron
Carbon Block filters which treat turbidity, particulate reduction and assists in
reducing cloudiness. Turbidity, particulate and cloudiness can be caused by traces
of gravel/sand or dirt which remain in pipes following routine repairs or treatment
by water service agencies. The 5-micron filters will capture most of these
contaminants. The filters are also installed to assist in improving taste and odours
and will decrease chlorine compounds added by water service agencies. However,
it will not totally eradicate the Chlorine in the treated water system. Water supplied
to Noosa Council's Bottle filling stations is from the potable water system provided
by water utility agencies. The water is treated at the water utility “SEQ Water”
treatment plants prior to being dispatched and supplied to the assets via the water
utility “Unity Water” piped system. More information about these water utilities and
their treatment and distribution systems and networks is available via their
websites.
12.2. PAULA BRABY
Question 1.
The general understanding of the community is that Noosa Shire Council is a
member of the Council of Mayors SEQ (CoMSEQ) and that these meetings are an
opportunity to meet and discuss ways to secure funding for our shire in relation to
cost of living, housing, disaster management, homelessness and perhaps many
other funding priorities. The most recent meeting of CoMSEQ was in Canberra in
July 2024. Was Noosa Shire represented at this meeting by either Mayor Wilkie
or Deputy Mayor Stockwell? If not, why not?
Response provided by Mayor Frank Wilkie
Thanks for your enquiry, Ms Braby. The most recent CoMSEQ meeting was a
board meeting in Brisbane on Friday, September 13, which I attended. I have
attended all CoMSEQ board meeting where the group’s strategies and funding
opportunities are discussed. In answer to your question, I chose not to attend the
CoMSEQ trip to Canberra because I instead chose to attend commitments made
to regional groups well ahead of time. The fact the delegation was already well-
attended by many other mayors and was not fully funded by CoMSEQ, with
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
implications for Noosa Ratepayers, were also considerations. At the recent board
meeting we heard that the Canberra delegation was an opportunity to present a
show of strength, rather than bid for funding. I can confirm Noosa was well
represented at the more pivotal and significant CoMSEQ delegation to
Queensland Parliament where I had the opportunity ahead of the October election
to present Noosa's specific housing, growth, planning, infrastructure and funding
challenges to both the Queensland Cabinet and Shadow Cabinet. Noosa Council
is still in the process of planning for venue upgrades ahead of the Olympics that
have yet to be costed. When this is done, we will be in a better position to make
specific asks of the Federal or State Governments. Given that the core work is
done at CoMSEQ board meetings as a top priority, the existing strength of the
Canberra group to advocate for the SEQ Region's growth challenges, the cost to
Noosa ratepayers and the phase we are at in terms of pre-Olympics planning, I
chose to attend local community events I had already committed to some time ago,
including one which has significance to the most vulnerable in our combined
coastal communities and one marking the thirty year milestone for three Noosa
community groups. Given the constant clash of obligations in this role, I will
continue to carefully weigh up the value of all invitations in terms of their return to
Noosa Shire and the Region and how best to expend time and ratepayers’
resources.
12.3. DEBRA WALZ (FELICITY DALE ON BEHALF OF)
Question 1.
The "Say No to Fluoride" petition was tabled at the Ordinary Council Meeting in
December 2023 and is yet to be actioned by the CEO. Several reasons provided
for delaying this action have been given. However, the community wishes to move
forward on this important issue and suggests an information session be held with
Councillors on the pros and cons of consuming fluoridated drinking water. Would
Councillors be open to attending such a session?
Response provided by Richard MacGillivray, Director Planning & Regulation
The petition received by Council on 14 December 2023 and tabled at the
December Ordinary meeting was referred by the (then) Acting CEO to the
appropriate Council Officers for response. Staff apologise for the delay with
providing a response but as you may appreciate the broad scope of the petition
requires Council to diligently investigate the matter involving seeking technical
advice from Seqwater (The Queensland Government Bulk Water Supply Authority
for the Noosa region) and Unitywater who undertake water distribution services to
the residents of Noosa. We anticipate a response will be provided to the petition
in the near future. In terms of your request to provide an information session to
Councillors, I will leave this decision for Councillors to directly consider upon
request, however I would advise that Council continues to rely on the Australian
Government’s National Health and Medical Research Council statement on Water
Fluoridation and Human Health in Australia (2017) as the principal source of
credible public health information. Fluoridation is also supported by peak health
bodies including the Australian Dental Association, the Australian Medical
Association and the World Health Organisation.
Question 2.
Will Council consider abolishing dog renewal registration fees and associated late
payment penalties in favour of introducing one lifelong dog registration fee for
residents which is a realistic amount and one that reflects Council expenditure on
services provided for dog owners?
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
Response provided by Richard MacGillivray, Director Planning & Regulation
The registration of domestic dogs is a requirement under Queensland law (the
Animal Management Cats and Dogs Act 2008 (the Act)). I acknowledge that
Council’s in other States do have lifelong dog registrations however dog
registration under the Act in Queensland does not allow for lifetime
registration. It’s important to highlight that registering your dog helps the council
provide essential animal management services. These services include managing
aggressive and barking dogs, responding to and investigating dog attacks,
providing pound facilities, reuniting lost dogs with their owners, and maintaining
off-leash areas, litter bins, and doggie bags where needed.
5. MAYORAL MINUTES
Nil.
6. PETITIONS
Nil.
7. NOTIFIED MOTIONS
7.1. TRIAL OF REMOTE RESCUE TUBES/LIFE RINGS AT UNPATROLLED
BEACHES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Nicola Wilson
That Council request the CEO to provide a report to Council that investigates the
opportunity to install Remote Rescue Tubes/Life Rings at selected unpatrolled
beach locations with the possibility of conducting a trial of a single site prior to any
further action.
Carried unanimously.
8. PRESENTATIONS
Nil.
10. CONSIDERATION OF COMMITTEE REPORTS
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
10.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 10 SEPTEMBER 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Brian Stockwell
Cr Amelia Lorentson
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Cr Karen Finzel
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Community Services Kerri Contini
Director Strategy & Environment, Kim Rawlings (via Microsoft Teams)
APOLOGIES
Cr Tom Wegener
5.1. 51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN
PLANNING CONSENT FOR INDOOR ENTERTAINMENT AND EXTENSION
OF AN INDOOR ENTERTAINMENT - 31 BUTLER STREET, TEWANTIN
That Planning & Environment Committee Agenda Item 5.1 be referred to the
General Committee for further consideration.
5.2. 51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE
TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA
ROAD, NOOSAVILLE
That Planning & Environment Committee Agenda Item 5.2 be referred to the
General Committee due to the significance of the issue.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY –
JULY 2024
That Council note the report by the Development Assessment Manager to the
Planning and Environment Committee Meeting dated 10 September 2024
regarding applications that have been decided by Delegated Authority during the
month of July as per Attachment 1.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That the report of the Planning and Environment Committee meeting dated 10
September 2024 be received and the recommendations therein be adopted.
Carried unanimously.
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
10.2. SERVICES & ORGANISATION COMMITTEE REPORT - 10 SEPTEMBER 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Karen Finzel (Chair)
Cr Jessica Phillips
Cr Frank Wilkie
Cr Nicola Wilson (via Microsoft Teams)
NON-COMMITTEE MEMBERS
Cr Amelia Lorentson
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Acting Director Infrastructure Services Shaun Walsh
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1 SUNRISE SHOPS- SHOP 5 LEASE RENEWAL
That Council note the report by the Commercial Business Advisor to the Services
and Organisation Committee Meeting dated 10 September 2024 and
A. Approve the lease renewal to Australian Leisure and Hospitality Group Pty
Limited for Shop 5, Sunrise Shops for three (3) years commencing 2
January 2025;
B. Authorise the Chief Executive Office to award a subsequent two (2) one
(1) year extensions of the lease subject to the lessee complying with the
terms of the lease; and
C. Apply the exception to the requirement for tendering of the lease under
Section 236 (1) (c) (iii) of the Local Government Regulation 2012 as the
renewal is to the existing tenant.
5.2. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE
PREVENTION CHAMPIONS NETWORK
That Services & Organisation Committee Agenda Item 5.2 be referred to the
General Committee due to the significance of the matter.
6.1. NOOSA CULTURAL PLAN 2019-2023 IMPLEMENTATION UPDATE
That Council note the report by the Arts and Culture Manager to the Services &
Organisation Committee dated 10 September 2024 regarding the conclusion of
the Noosa Cultural Plan 2019-2023
Council Resolution
Moved: Cr Karen Finzel
Seconded: Cr Jessica Phillips
That the report of the Services & Organisation Committee meeting dated 10
September 2024 be received and the recommendations therein be adopted.
Carried unanimously.
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
10.3. AUDIT & RISK COMMITTEE REPORT - 12 SEPTEMBER 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
(External) Ian Rushworth
Cr Nicola Wilson
NON COMMITTEE MEMBERS
Chief Executive Officer, Larry Sengstock
Director Corporate Services, Trent Grauf
Governance Manager, Diana Stewart
Financial Services Manager, Pauline Coles
ICT Manager Ryan Smith
Governance Advisor, Alexandra Nolan
KPMG, Thomas Cook
KPMG, Erin Neville-Stanley
QAO, Chantelle Hanna
Crowe, Adam Black
Crowe, Micheal Choeng
APOLOGIES
Cr Tom Wegener
Audit & Risk Committee Chair (External) Timothy Cronin
Executive Officer, Internal Audit & Corporate Performance Debra Iezzi
COMMITTEE RECOMMENDATIONS TO COUNCIL
1. 2024 AUDIT COMMITTEE BRIEFING PAPER AND INTERIM REPORT - QAO
& KPMG (Item 6)
That Council note the 2024 Interim Briefing Paper provided by the Queensland
Audit Officer (QAO) and KPMG to the Audit & Risk Committee meeting dated 12
September 2024.
2. RISK MANAGEMENT & BCP UPDATE (Item 7)
That Council note the report by the Governance Manager to the Audit & Risk
Committee Meeting dated 12 September 2024 regarding risk management and
business continuity matters and:
A. Approve minor amendments to Council’s Enterprise Risk and Opportunity
Management Policy as per Attachment 1.
3. INTERNAL UPDATE (Item 8)
That Council note the report by the Executive Officer Internal Audit and Corporate
Performance to the Audit and Risk Committee dated 12 September 2024
regarding the Internal Audit Update.
4. INSURANCE MANAGEMENT UPDATE (Item 13)
That Council note the report by the Governance Manager to the Audit & Risk
Committee Meeting dated 12 September 2024 providing an update on insurance
matters.
5. FRAUD, CORRUPTION & PID UPDATE (Item 14)
That Council note the confidential report by the Governance Manager to the Audit
& Risk Committee Meeting dated 12 September 2024 and:
A. Approve:
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
1. Minor amendments to Council’s Fraud and Corruption
Control Policy as per Attachment 1
2. Minor amendments to Council’s Public Interest Disclosure
Policy as per Attachment 4
3. Minor amendments to Council’s Public Interest Disclosure
Procedures as per Attachment 5
B. Note the annual update presented on various fraud, corruption, and public
interest disclosures matters.
Council Resolution
Moved: Cr Nicola Wilson
Seconded: Cr Amelia Lorentson
That the report of the Audit & Risk Committee dated 12 September 2024 be
received and the recommendations therein be adopted.
Carried unanimously.
10.4. GENERAL COMMITTEE MEETING REPORT - 16 SEPTEMBER 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Frank Wilkie (Acting Chair)
Cr Karen Finzel (via Microsoft Teams)
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Brian Stockwell (via Microsoft Teams)
Cr Nicola Wilson
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Strategy and Environment Kim Rawlings
Acting Director Community Services Paul Brinkman
Acting Director Infrastructure Services Shaun Walsh
Director Corporate Services, Trent Grauf
APOLOGIES
Cr Tom Wegener
COMMITTEE RECOMMENDATIONS TO COUNCIL
Page 11
ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
5.1. 51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN
PLANNING CONSENT FOR INDOOR ENTERTAINMENT AND EXTENSION OF
AN INDOOR ENTERTAINMENT - 31 BUTLER STREET, TEWANTIN
(REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10
SEPTEMBER 2024 - ITEM 5.1)
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 Jessica Phillips, declare I have a declarable conflict of interest in this matter
as my close family friend, Fran Sadlier, is on the building sub-committee and a
long-term member of the Tewantin Netball Courts. Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception
of bias because the position she holds is not a decision maker, nor is she an
executive committee member: neither I nor my family friend stand to gain a
personal or material benefit from the decision over and above what other club
members would gain. 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.
Council Resolution
Moved: Cr Karen Finzel
Seconded: Cr Nicola Wilson
That Council note the declarable conflict of interest by Cr Phillips and determine
that Cr Phillips participates and votes on this matter as 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.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 10 September 2024 regarding
Application No. 51988.2770.02 to make a minor change to an existing Town
Planning Consent for indoor entertainment and extension of an indoor
entertainment situated at Noosa District Sports Complex - 31 Butler St, Tewantin
and:
A. Approve the change.
B. Amend condition 2 and 9 as outlined in Attachment 1 to the Report.
C. Include additional conditions 17 to 37 as outlined in Attachment 1 to the Report.
D. Include advisory notes 1 to 6 as outlined in Attachment 2 to the Report.
E. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
F. Approve the Final Conditions as provided in Attachment 1 to the Minutes - Final
Conditions
Carried unanimously.
5.2. 51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE
TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA
ROAD, NOOSAVILLE (REFERRED FROM PLANNING & ENVIRONMENT
COMMITTEE DATED 10 SEPTEMBER 2024 - ITEM 5.2)
Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 10 September 2024 regarding
Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change
to two (2) development approvals for a takeaway seafood kiosk situated at 185
Weyba Rd, Noosaville and:
A. Defer the decision on the application to allow Council and the applicant to co-
fund and brief an agreed Counsel to consider the separate legal opinions of each
party's advisors; and
B. That the opinion of Counsel be provided to Council at a future meeting for
consideration.
For: Crs Lorentson and Phillips
Against: Crs Finzel, Stockwell, Wilson and Wilkie
Lost.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 10 September 2024 regarding
Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change
to two (2) development approvals for a takeaway seafood kiosk situated at 185
Weyba Rd, Noosaville and:
A. Refuse the change for the following reasons:
The proposed changes do not constitute a minor change to the
development approvals as defined by the Planning Act 2016, as the
changes will result in a substantially different development.
The proposed bakery (service shop) is not consistent with the Residential
A zoning intent under the 1973 Planning Scheme for Noosa Shire or the
Medium Density Residential zone under Noosa Plan 2020 and is more
appropriately located in a centre zone.
The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e)
& (j) and Performance Outcomes & Acceptable Outcomes PO1, PO5,
AO5.1, AO5.2 of the Medium Density Residential Zone Code under Noosa
Plan 2020 as:
a. The proposed bakery is not a residential use and is not compatible
with surrounding residential uses.
b. The proposed bakery is more appropriately accommodated in a
centre zone and the land maintained for dual occupancies,
multiple dwellings and the like.
c. The proposal is likely to adversely impact on surrounding
resident’s amenity.
B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and
Performance Outcome and Acceptable Outcome PO6 and AO6.1 of the
Driveways and Parking Code as the proposal provides insufficient on-site car
parking and is likely to generate additional demand for car parking compared to
the takeaway seafood kiosk.
For: Crs Finzel, Stockwell, Wilson and Wilkie
Against: Crs Lorentson and Phillips
Carried.
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
5.3. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE
PREVENTION CHAMPIONS NETWORK (REFERRED FROM SERVICES &
ORGANISATION COMMITTEE DATED 10 SEPTEMBER 2024 - ITEM 5.2)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilson
provided the following declaration to the meeting of a declarable conflict of interest
in this matter:
I, Cr Wilson, inform the meeting that I have a declarable conflict of interest in this
matter as I am a volunteer director of a CAYAC Ltd, Maroochydore, a charity that
supports victims of domestic violence (amongst other services). While CAYAC is
not the subject of the decision being made today to appoint a councillor to an
observer role in the Network, I note that matters discussed in the Network’s
meetings in future may be relevant to CAYAC’s operations. I share this information
for transparency and to support my nomination for the position, having an interest
and experience in this area. Although I have a declarable conflict of interest, I do
not believe a reasonable person could have a perception of bias because CAYAC
is not the subject of today’s decision, and I am able to remain impartial. 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 Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That Council note the declarable conflict of interest by Cr Wilson and determine
that Cr Wilson participates and votes on this matter because Council believes that
Cr Wilson would be able to remain impartial and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Wilson did not vote on the above motion.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Jessica Phillips
That Council note the report by the Community Development Coordinator to the
Services & Organisation Committee Meeting dated 10 September 2024 and:
A. Endorse Noosa Council’s recommitment to the Local Government
Domestic and Family Violence Prevention Champions Network; and
B. Appoint Cr Nicola Wilson and two staff members (from Community
Development and People and Culture teams), as Noosa Council’s
representatives to the Network.
Carried unanimously.
6.2. REVISED STANDING ORDERS & OTHER RELATED POLICIES &
PROCEDURES
Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council note the report by the Chief Executive Officer to the General
Committee Meeting dated 16 September 2024 regarding the amendment of
Noosa Council's Standing Orders and other relevant policies and procedures and
A. Adopt the updated Standing Orders for Council Meetings Policy (provided at
Attachment 1) and repeal current Standing Orders Policy (adopted 19 November
2020) with the following amendments to the updated Standing Orders, Section 18
–– Notified Motions amended to read:
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
Section 15 – Deputations
Reject proposed amendments and replace with original wording as follows:
17.1 A deputation wishing to attend and address an Ordinary meeting of Council
shall apply in writing to the CEO not less than seven (7) business days before the
meeting.
17.2 The CEO, on receiving an application for a deputation shall notify the
Chairperson who shall determine whether the deputation may be heard. The CEO
shall inform the deputation of the determination in writing. Where it has been
determined the deputation will be heard, a convenient time shall be arranged for
that purpose, and an appropriate time period allowed.
17.3 Where it has been determined that a deputation be heard, the deputation and
topic of the presentation must be included in the public agenda for the meeting.
17.4 For deputations comprising three or more persons, only three persons shall
be at liberty to address Council unless the Councillors at the meeting determine
otherwise by resolution. A deputation shall be given adequate opportunity to
explain the purpose of the deputation, generally no longer than 15 minutes unless
decided otherwise by the meeting.
17.5 The Chairperson may terminate an address by a person in a deputation at
any time where:
a) the Chairperson is satisfied that the purpose of the deputation has been
sufficiently explained to the Councillors at the meeting;
b) the time period allowed for a deputation has expired;
c) the person uses insulting or offensive language or is derogatory towards
Councillors or staff members;
d) a member of the deputation other than the appointed speakers interjects or
attempts to address the Council;
e) the person uses words or actions that discriminate or vilify based on a person’s
race, religion, sexuality or gender identity.
Section 18 – Notified Motions
Reject proposed amendments and replace with original wording as follows:
18.1 A Councillor may bring forward to a meeting a motion on any matter within
the jurisdiction or official cognisance of the Council by giving notice in writing, in
the approved form, to the Chief Executive Officer at least seven days before the
meeting.
18.2 The Chairperson shall rule out of order a motion which does not comply with
section 18.1 of these Standing Orders.
18.3 Notified motions shall be dated and recorded by the Chief Executive Officer
as received.
18.4 Where a Councillor who has given notice of a motion is absent or declines to
move the motion, the motion may be –
a) moved by another Councillor; or
b) deferred to the next meeting.
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
18.5 Where the notified motion is not moved or deferred, it shall not again be
reintroduced without a subsequent notice of motion duly given as provided in
section 18.1.
18.6 At the meeting, a notified motion requires a seconder in order that it be dealt
with.
Section 41 – Deputations (Procedure for Standing Committee Meetings)
Reject proposed amendments and replace with original wording as follows:
41.1 A deputation wishing to attend and address a Committee meeting shall apply
in writing to the CEO not less than seven (7) business days before the meeting.
41.2 The CEO, on receiving an application for a deputation shall notify the
Chairperson who shall determine whether the deputation may be heard. The CEO
shall inform the deputation of the determination in writing. Where it has been
determined the deputation will be heard, a convenient time shall be arranged for
that purpose, and an appropriate time period allowed.
41.3 Where it has been determined that a deputation be heard, the deputation and
topic of the presentation must be included in the public agenda for the meeting.
41.4 For deputations comprising three or more persons, only three persons shall
be at liberty to address the Committee unless the Councillors at the meeting
determine otherwise by resolution. A deputation shall be given adequate
opportunity to explain the purpose of the deputation, generally no longer than 15
minutes unless decided otherwise by the meeting.
41.5 The Chairperson may terminate an address by a person in a deputation at
any time where:
a) the Chairperson is satisfied that the purpose of the deputation has been
sufficiently explained to the Councillors at the meeting
b) the time period allowed for a deputation has expired, or
c) the person uses insulting or offensive language or is derogatory towards
Councillors or staff members.
d) a member of the deputation other than the appointed speakers interjects or
attempts to address the Council.
e) the person uses words or actions that discriminate or vilify based on a person’s
race, religion, sexuality or gender identity.
"18.8 Councillors are encouraged to lodge Notices of Motion which:
a) relate to the objectives, roles and function of Council as outlined in the annual
Operational and Corporate Plan;
b) are clear in intention;
c) are not identical or substantially similar to a Notified Motion that has been
considered by the Council and lost in the preceding six months;
d) are not outside the powers of Council;
e) do not relate to an operational service request or a matter that can be handled
under delegation;
f) are not matters subject to a Council decision-making process which has
commenced but is not yet complete.";
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ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
B. Adopt the new Petition Procedure (provided at Attachment 2);
C. Adopt Reject the new Deputation Procedure (provided at Attachment 3) and
retain the deputation procedures in the Standing Orders for Council Meetings
Policy, as provided for in item A. subject to the amendment of items 1, 3, and 6,
and the deletion of item 5 as follows:
1. 15 minutes in total will be allocated at each Meeting for members of the
community to present deputations. A maximum of 5 minutes will be allocated per
deputation with an extension of time allowed upon request to the meeting chair
and by consent of the councillors with a maximum of 3 deputations per meeting
allowed.
3. The applicant must provide Council with the deputation topic and sufficient
background material, whereby the CEO, on receiving an application for the
deputation, shall notify the Chairperson who, in conjunction with the CEO, shall
determine whether the deputation may be heard. The CEO shall inform the
applicant of the determination in writing.
5. Four deputations per calendar year by the same applicant /group will be
allowed.
5 6. Deputations on specific development applications or other statutory
applications before Council are not permitted.
D. Reject the new Public Question Time Procedure (provided at Attachment
4) and retain current Public Question Time Guideline (adopted on 17 October
2019); and
E. Adopt the Councillor Investigation Policy (Attachment 7) and repeal current
Councillor Investigation Policy (adopted on 19 November 2020).
Amendment No. 1
Moved: Cr Nicola Wilson
Seconded: Cr Brian Stockwell
That Item 17.2 and Item 41.2 be amended to read:
17.2 The CEO, on receiving an application for a deputation shall notify the
Chairperson who shall determine whether the deputation may be heard. The CEO
shall inform the deputation of the determination in writing. Where it has been
determined the deputation will be heard, a convenient time shall be arranged for
that purpose, and an appropriate time period allowed (up to 15 minutes).
41.2 The CEO, on receiving an application for a deputation shall notify the
Chairperson who shall determine whether the deputation may be heard. The CEO
shall inform the deputation of the determination in writing. Where it has been
determined the deputation will be heard, a convenient time shall be arranged for
that purpose, and an appropriate time period allowed (up to 15 minutes).
Carried unanimously.
Cr Stockwell left the meeting.
Council Resolution
Moved: Cr Nicola Wilson
Seconded: Cr Karen Finzel
That in accordance with Section 254K of the Local Government Regulation, Cr
Stockwell is approved to attend the Meeting dated 19 September 2024 via
Microsoft Teams.
Carried unanimously.
Cr Stockwell returned to the meeting via Microsoft Teams
Page 17
ORDINARY MEETING MINUTES 19 SEPTEMBER 2024
Amendment No 2
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That Item 17.3 be amended to read:
17.3 Where it has been determined that a deputation be heard, a draft script must
be provided and the deputation and topic of the presentation must be included in
the public agenda for the meeting.
Lost unanimously.
Amendment No 3
Moved: Cr Frank Wilkie
Seconded: Cr Jessica Phillips
That Item 17.3 be amended to read:
17.3 Where it has been determined that a deputation be heard, an outline of the
issue and background material be provided and the deputation and topic of the
presentation must be included in the public agenda for the meeting.
Procedural Motion
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That this matter be deferred to the October Meeting round.
For: Crs Wilkie, Stockwell, Finzel and Wilson
Against: Crs Lorentson & Phillips
Carried.
7.1. APPEAL 1997 OF 2024
RELATING TO REFUSAL OF MCU23/0101 MATERIAL CHANGE OF USE FOR
SHORT TERM ACCOMMODATION AT 561 GYMPIE KIN KIN ROAD, KIN KIN
That in respect of Planning and Environment Court Appeal 1997 of 2024, Council
through the General Committee Meeting dated 16 September 2024, delegates to
the CEO the power to attend to all matters relating to its resolution.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That the report of the General Committee meeting dated 16 September 2024 be
received and the recommendations therein be adopted except where dealt with
by separate resolution.
Carried unanimously.
11. CLOSED SESSION
Nil.
13. NEXT MEETING
The next Ordinary Meeting of Council will be held at Council Chambers, 9 Pelican St,
Tewantin, on Thursday 17 October at 10.00am.
14. MEETING CLOSURE
The meeting closed at 1.08pm.