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                         MINUTES


              Ordinary Meeting

            Thursday, 18 January 2024

                                 5:00 PM
             Council Chambers, 9 Pelican Street, Tewantin




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




                      “Noosa Shire – different by nature”
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Page 2

ORDINARY MEETING MINUTES                                                    18 JANUARY 2024




1.          ATTENDANCE & APOLOGIES

            COUNCILLORS
            Cr Clare Stewart (Chair)
            Cr Karen Finzel
            Cr Joe Jurisevic
            Cr Amelia Lorentson
            Cr Brian Stockwell
            Cr Tom Wegener
            Cr Frank Wilkie

            EXECUTIVE
            Acting Chief Executive Officer Larry Sengstock
            Director Strategy and Environment Kim Rawlings (via Microsoft Teams)
            Acting Director Infrastructure Services Shaun Walsh
            Director Development & Regulation Richard MacGillivray
            Director Corporate Services Trent Grauf
            Acting Director Community Services, Alison Hamblin

            APOLOGIES
            Nil.

            Council Resolution
            Moved:        Cr Joe Jurisevic
            Seconded: Cr Amelia Lorentson
            That in accordance with Section 254K of the Local Government Regulation, Cr
            Stockwell is approved to attend the Meeting dated 18/01/2024 via Microsoft Teams.
            Carried unanimously.


2.          CONFIRMATION OF MINUTES



     2.1.          ORDINARY MEETING MINUTES 14 DECEMBER 2023

                   Council Resolution
                   Moved:          Cr Frank Wilkie
                   Seconded:       Cr Karen Finzel
                   The Minutes of the Ordinary Meeting held on 14 December 2024 be received and
                   confirmed.
                   Carried unanimously.


3.          MAYORAL MINUTES

            Nil.

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ORDINARY MEETING MINUTES                                                     18 JANUARY 2024


4.          PETITIONS



     4.1.          PETITION: RESIDENTS AGAINST SHORT TERM RENTAL APPROVAL
                   (RAUSTRA)

                   Refer to Attachment 1 to the Minutes

                   Council Resolution
                   Moved:       Cr Frank Wilkie
                   Seconded: Cr Joe Jursevic
                   That the petition with 16 signatories submitted by RAUSTRA, requesting that
                   Council take immediate positive steps to protect residents from the impact of
                   properties used for short stay letting, be received and referred to the Chief
                   Executive Officer to determine appropriate action.
                   Carried unanimously.


     4.2.          PETITION: SAVE THE BUSSTOP ESPRESSO

                   Refer to Attachment 2 to the Minutes
                   Council Resolution
                   Moved:        Cr Tom Wegener
                   Seconded: Cr Amelia Lorentson
                   That the petition of 3007 signatures (consisting of an e-petition with 2692
                   signatories & hard copy with 320 signatures), submitted by Robert Noy,
                   requesting that Council "Save the Busstop Espresso", be received and referred
                   to the Chief Executive Officer to determine appropriate action.
                   Carried unanimously.

5.          NOTIFIED MOTIONS

            Nil.


6.          PRESENTATIONS

            Nil.


7.          DEPUTATIONS



     7.1.          DEBRA WALZ
                   TOPIC: QLD HOMELESS WORKING GROUP CLEAN UP AT TAFE SITE



8.          CONSIDERATION OF COMMITTEE REPORTS

Page 4

ORDINARY MEETING MINUTES                                                18 JANUARY 2024




    8.1.    GENERAL COMMITTEE MEETING REPORT - 15 JANUARY 2024

             COMMITTEE MEMBERS
             Cr Frank Wilkie (Chair)
             Cr Karen Finzel
             Cr Joe Jurisevic
             Cr Amelia Lorentson
             Cr Clare Stewart (via Microsoft Teams)
             Cr Brian Stockwell
             Cr Tom Wegener

             EXECUTIVE
             Acting Chief Executive Officer Larry Sengstock
             Director Strategy and Environment Kim Rawlings (via Microsoft Teams)
             Acting Director Infrastructure Services Shaun Walsh
             Director Development & Regulation Richard MacGillivray

             APOLOGIES
             Nil.

             COMMITTEE RECOMMENDATIONS TO COUNCIL

             6.1. MCU18/0102.02 APPLICATION FOR AN OTHER CHANGE TO INCLUDE
             A FOOD AND DRINK OUTLET TO A DEVELOPMENT APPROVAL (VISITOR
             ACCOMMODATION TYPE 4 CONVENTIONAL) FOR BOUNCE HOSTEL AT
             14-16 MARY ST, NOOSAVILLE
             That Council note the report by the Coordinator Planning to the General
             Committee Meeting dated 15 January 2024 regarding Application No.
             MCU18/0102.02 for an Other Change to Development Permit for Material
             Change of Use – Visitor Accommodation Type 4 Conventional, situated at 14-16
             Mary St Noosaville and:
             A. Refuse to delete condition 5 for the following reasons:
                   1.   Condition 5 is reflective of the approved use definition for Visitor
             Accommodation Type 4 Conventional, does not further restrict the use and
             provides clarity for all owners/ operators.
             B. Approve the Other Change to include the Food and Drink outlet.
             C. Agree to delete Condition 8.
             D. Include a new Condition 62 to read as follows:
             62. The Food and Drink Outlet approval lapses on 18 January 2025, unless
             written consent is provided by Council’s delegate to extend the approval. In
             assessing a request to extend the approval, Council will have regard to any
             substantiated complaints relating to noise, car parking and any other relevant
             matters associated with the Food and Drink Outlet use.
             E. Note the report is provided in accordance with Section 63(5) of the Planning
             Act 2016.


             6.2. PLANNING & ENVIRONMENT COURT APPEAL NO. 3156 OF 2023 –
             APPLICATION FOR A MATERIAL CHANGE OF USE FOR HEALTH CARE
             SERVICE AND HOSPITAL AT 47 GOODCHAP STREET, NOOSAVILLE
             That Council note the report by the Manager Development Assessment to the
             General Committee Meeting dated 15 January 2024 regarding Planning &
             Environment Court Appeal 3156 of 2023 and agree to defend the appeal.

Page 5

ORDINARY MEETING MINUTES                                                    18 JANUARY 2024




             6.3. PLANNING & ENVIRONMENT COURT APPEAL NO. 3746 OF 2023 –
             APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
             ACCOMMODATION (15 CABINS) AT 94 & 142 NOOSA DRIVE, NOOSA
             HEADS
             In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
             provided the following declaration to the meeting of a prescribed conflict of
             interest in this matter:
             I Cr Wilkie inform the meeting that I have a prescribed conflict of interest in this
             matter as RACV have been a sponsor of Noosa Arts Theatre where I serve as
             the committee president. As a result of this prescribed conflict of interest, I will
             leave the meeting room while the matter is considered and voted on.
             Cr Wilkie left the meeting.

             Council Resolution
             Moved:        Cr Joe Jurisevic
             Seconded: Cr Tom Wegener
             That Council note the report by the Manager Development Assessment to the
             General Committee Meeting dated 15 January 2024 regarding Planning &
             Environment Court Appeal 3746 of 2023 and agree to defend the appeal.
             Carried unanimously.
             Cr Wilkie returned to the meeting.

             6.4. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
             NOVEMBER 2023
             That Council note the report by the Manager, Development Assessment to the
             General Committee Meeting dated 15 January 2024 regarding planning
             applications that have been decided by delegated authority.


             6.5. BUDGET REVIEW 2 (BR2) FOR THE 2023/24 FINANCIAL YEAR
             That Council note the report by the Manager Financial Services (Acting) to the
             General Committee Meeting dated 15 January 2024 regarding Budget Review 2
             for the 2023/24 Financial Year, and
                  A. Approve the proposed changes to the budget for the 2023/24 financial
                     year as outlined in the Revised Budget Financial Statements provided in
                     Attachment 1 - 4 to the report; and
                  B. Adopt the proposed general cost recovery fees and commercial charges
                     schedule for Noosa Holiday Parks for the period 27 January 2025 to 13
                     July 2025 as detailed in the tables contained within the report.


             6.6. FINANCIAL PERFORMANCE REPORT – DECEMBER 2023
             That Council note the report by the Manager Financial Services (Acting) to the
             General Committee Meeting dated 15 January 2024 outlining December 2023
             year to date financial performance against budget, including changes to the
             financial performance report with the inclusion of key financial sustainability
             indicators.


             6.7 AUDIT AND RISK COMMITTEE MEMBERSHIP
             That Council Note the report by the Executive Officer Internal Audit and Corporate
             Performance to the General Committee meeting dated 15 January 2024 and
             extend the appointment of Timothy Cronin as the Chairperson of the Audit and
             Risk Committee to 10 October 2025.

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ORDINARY MEETING MINUTES                                                     18 JANUARY 2024




             6.8. COUNCILLOR REMUNERATION UPDATE
             That Council note the report by the Executive Officer, Internal Audit and
             Corporate Performance to the General Committee meeting dated 15 January
             2024 informing Council of the determinations of the Queensland Local
             Government Remuneration Commission, as detailed in the Local Government
             Remuneration Commission Annual Report 2023.


             7.1. CN00427 GARTH PROWD BRIDGE UPGRADE -
             TENDER AWARD
             That Council note the report by the Project Manager to the General Committee
             Meeting dated 15 January 2023 and
                 A. Award Contract No. CN00427 Garth Prowd Bridge Upgrade to Marine &
                    Civil Maintenance Pty Ltd for the lump sum price of as provided in their
                    conforming tender documentation; and
                 B. Delegate to the Chief Executive Officer the power to negotiate, finalise
                    and execute the Contract on behalf of Council.


             7.2. CONTRACT AWARD REPORT - CONTRACT NO.
             CN00511 - NOOSA SPIT NOURISHMENT
             That Council
                 A. Note the report by the Project Manager to the General Committee Meeting
                    dated 15 January 2024;
                 B. Award Contract No. CN00511 for Noosa Spit Nourishment to Hall
                    Contracting Pty Ltd for a schedule of rates contract for the construction
                    contract value as provided in the conforming tender documentation with
                    works being completed on or before 30 September 2024 (“the Contract”);
                    and
                 C. Delegate to the Chief Executive Officer the power to negotiate, finalise,
                    execute and administer the Contract on behalf of Council.


             7.3. RP00359 - REGISTER OF PREQUALIFIED SUPPLIERS
             FOR CONSTRUCTION OF PATHWAYS, KERB, CHANNEL, DRAINAGE PITS
             & ASSOCIATED WORKS
             That Council
                 A. Note the report by the Roads Infrastructure Coordinator to the General
                    Committee Meeting dated 15 January 2024;
                 B. Award Contract No. RP00359 for a Register of Pre-qualified Suppliers
                    for Construction of Pathways, Kerb, Channel, Drainage Pits &
                    Associated Works for a period of two (2) years commencing on 1
                    February 2024 to the following suppliers:
                        i. Exceed Concrete Construction Pty Ltd
                        ii. Pentacon Pty Ltd
                        iii. Sunshine Civil Solutions Pty Ltd
                        iv. The Trustee For Integral Concreting Services Family Trust t/as
                             Assured Concreting Services
                        v. Wilson Concreting Constructions Pty Ltd, and
                        vi. Yeti Services Pty Ltd;
                 C. Delegate to the Chief Executive Officer the power to negotiate, finalise,
                    execute and administer the Contract on behalf of Council;
                 D. Subject to satisfactory performance of the suppliers, authorise the CEO
                    to approve the option to extend the contract at the expiry of initial term for

Page 7

ORDINARY MEETING MINUTES                                                     18 JANUARY 2024


                       a further three (3) terms of up to twelve (12) months each ending on 31
                       January 2029;
                    E. Authorise the CEO to approve the addition of new suppliers to Contract
                       No. RP00073 for the Register of Pre-qualified Suppliers for Construction
                       of Pathways, Kerb, Channel, Drainage Pits & Associated Works as a
                       result of an advertised refresh at the expiry of the initial term and term
                       extensions.

                 Council Resolution
                 Moved:       Cr Joe Jurisevic
                 Seconded: Cr Karen Finzel
                 That the report of the General Committee meeting dated 15 January 2025 be
                 received and the recommendations therein be adopted except where dealt with
                 by separate resolution.
                 Carried Unanimously.




9.        ORDINARY MEETING REPORTS

          Nil.

10.       CLOSED SESSION

          Nil.

11.       PUBLIC QUESTION TIME

          Nil.

12.       NEXT MEETING

          The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St,
          Tewantin on Thursday 15 February 2024 at 5.00pm.

13.       MEETING CLOSURE

          The meeting closed at 5.25pm

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