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2020-07-13 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         13 JULY 2020


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
13 JULY 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Clare Stewart, Brian Stockwell and Tom Wegener


1    COUNCILLOR REPRESENTATION ON CLIMATE EMERGENCY AUSTRALIA STRATEGIC
     ADVISORY GROUP
     Committee Recommendation
     Moved:           Cr Wegener
     Seconded:        Cr Jurisevic
     That Council note the report by the Principal Strategic Planner to the Planning & Environment
     Committee Meeting dated 7 July 2020 and support the nomination of Councillor Stockwell
     to represent Queensland on the Climate Emergency Australia Strategic Advisory Group.
                                                                           Carried unanimously.



2    NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – PROJECT
     MANAGEMENT PLAN
     Motion
     Moved:           Cr Stewart
     Seconded:        Cr Lorentson
     That Council note the report by the Environmental Services Manager to the Planning &
     Environment Committee meeting dated 7 July 2020 and:
     A.   Approve the Project Management Plan (provided as Attachment 1 to the report) as
          meeting the requirements of the Project Implementation Plan outlined in the Alliance &
          Funding Agreement subject to The Nature Conservancy including in the Monitoring and
          Evaluation Plan the confirmation of historical numbers of prawn and fish stock (including
          fish species) and water quality, using Queensland Fisheries data and water quality data
          from Noosa Integrated Catchment Association; and
     B.   Note the Terms of Reference of the Noosa River Oyster Restoration Project Technical
          Advisory Group (provided as Attachment 2 to the report); and
     C.   Enter into negotiations with The Nature Conservancy to amend the Alliance and Funding
          Agreement to establish a Stakeholder Reference Group of between 5-7 industry and
          community representatives, with the Terms of Reference for this group to be developed
          and agreed by both parties and representation on the group to be determined by Council;
          and
     D.   Request the CEO to undertake negotiations and subject to agreement undertake a
          process to establish the Stakeholder Reference Group in accordance with the agreed
          Terms of Reference.




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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                           13 JULY 2020


    Amendment No. 1
    Moved:           Cr Stockwell
    Seconded:        Cr Wegener
    That Items A, C and D of the motion be amended as follows:
    A.   Deletion of the words “subject to The Nature Conservancy including in the Monitoring
         and Evaluation Plan the confirmation of historical numbers of prawn and fish stock
         (including fish species) and water quality, using Queensland Fisheries data and water
         quality data from Noosa Integrated Catchment Association” to read “Approve the Project
         Management Plan (provided as Attachment 1 to the report) as meeting the requirements
         of the Project Implementation Plan outlined in the Alliance & Funding Agreement; and”
    C.   Deletion of the words “Enter into negotiations with The Nature Conservancy to amend
         the Alliance and Funding Agreement to establish a Stakeholder Reference Group of
         between 5-7 industry and community representatives, with the Terms of Reference for
         this group to be developed and agreed by both parties and representation on the group
         to be determined by Council; and” and replace with “Establish a Noosa River Stakeholder
         Reference Group to provide strategic input, local knowledge and expertise into River
         Management initiatives, initially providing input into this Shellfish Restoration project and
         more broadly into finalisation and implementation of the Noosa River Plan, and”
    D.   Deletion of the words “Request the CEO to undertake negotiations and subject to
         agreement undertake a process to establish the Stakeholder Reference Group in
         accordance with the agreed Terms of Reference” and replace with “Delegate to the CEO
         to determine the Terms of Reference and undertake a process to establish the Noosa
         River Stakeholder Reference Group”.

    For:        Crs. Stockwell, Wegener, Jurisevic and Wilkie
    Against:    Crs. Stewart, Lorentson and Finzel
                                                                                            Carried.

    Amendment No. 2
    Moved:           Cr Finzel
    Seconded:        Cr Wilkie
    That the following words be added to Item B of the motion “and request The Nature
    Conservancy to agree to amend the membership of the Technical Advisory Group to include
    a Councillor representative as an Observer.”
    For:        Crs. Stewart, Lorentson and Finzel
    Against:    Crs. Stockwell, Wegener, Jurisevic and Wilkie.
                                                                                                Lost.

    Amendment No. 3
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That the following words be added to Item D of the motion “together with the appropriate role
    for Councillor representation on that Group”
                                                                             Carried unanimously.

                                                                                         Page 2 of 6

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                        13 JULY 2020


    Amended Motion
    That Council note the report by the Environmental Services Manager to the Planning &
    Environment Committee meeting dated 7 July 2020 and:
    A.   Approve the Project Management Plan (provided as Attachment 1 to the report) as
         meeting the requirements of the Project Implementation Plan outlined in the Alliance &
         Funding Agreement subject to The Nature Conservancy including in the Monitoring and
         Evaluation Plan the confirmation of historical numbers of prawn and fish stock (including
         fish species) and water quality, using Queensland Fisheries data and water quality data
         from Noosa Integrated Catchment Association; and
    B.   Note the Terms of Reference of the Noosa River Oyster Restoration Project Technical
         Advisory Group (provided as Attachment 2 to the report); and
    C.   Establish a Noosa River Stakeholder Reference Group to provide strategic input, local
         knowledge and expertise into River Management initiatives, initially providing input into
         this Shellfish Restoration project and more broadly into finalisation and implementation
         of the Noosa River Plan, andEnter into negotiations with The Nature Conservancy to
         amend the Alliance and Funding Agreement to establish a Stakeholder Reference Group
         of between 5-7 industry and community representatives, with the Terms of Reference for
         this group to be developed and agreed by both parties and representation on the group
         to be determined by Council; and
    D.   Delegate to the CEO to determine the Terms of Reference and undertake a process to
         establish the Noosa River Stakeholder Reference Group together with the appropriate
         role for Councillor representation on that GroupRequest the CEO to undertake
         negotiations and subject to agreement undertake a process to establish the Stakeholder
         Reference Group in accordance with the agreed Terms of Reference.

    Committee Recommendation
    Moved:           Cr Stewart
    Seconded:        Cr Lorentson
    That Council note the report by the Environmental Services Manager to the Planning &
    Environment Committee meeting dated 7 July 2020 and:
    A.   Approve the Project Management Plan (provided as Attachment 1 to the report) as
         meeting the requirements of the Project Implementation Plan outlined in the Alliance &
         Funding Agreement; and
    B.   Note the Terms of Reference of the Noosa River Oyster Restoration Project Technical
         Advisory Group (provided as Attachment 2 to the report); and
    C.   Establish a Noosa River Stakeholder Reference Group to provide strategic input, local
         knowledge and expertise into River Management initiatives, initially providing input into
         this Shellfish Restoration project and more broadly into finalisation and implementation
         of the Noosa River Plan, and
    D.   Delegate to the CEO to determine the Terms of Reference and undertake a process to
         establish the Noosa River Stakeholder Reference Group together with the appropriate
         role for Councillor representation on that Group.
    For:        Crs. Stockwell, Wegener, Jurisevic and Wilkie
    Against:    Crs. Stewart, Lorentson and Finzel
                                                                                         Carried.

                                                                                     Page 3 of 6

Section 4

 RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   13 JULY 2020


The meeting adjourned at 12.22pm
The meeting resumed at 12.34pm

3    YUROL RINGTAIL ENVIRONMENTAL PROJECT
     Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009) due to the fact as a Sole Trader in his business Watershed Australia, he
     has both been contracted by, and had subcontracted officers of, Noosa and District Landcare prior to
     becoming a Councillor. This included undertaking a paid 2 day consultancy facilitating a meeting of
     Landcare members in 2015 and also subcontracting Landcare for a project. Cr Stockwell advised that
     there was no nexus between the work he had undertaken for Landcare prior to him becoming a
     Councillor and the matter before Council. Cr Stockwell is also an ordinary member of the group with
     long standing association including as a Council representative that assisted in its foundation in 1989.
     Cr Stockwell advised of his collegial relationships dating back to the 1980s with members of Landcare,
     his professional roles as a State Government public servant liaising with Landcare through those roles
     and his relationship with members of the current Landcare Committee. Cr Stockwell believed that he
     could consider this item impartially and in the public interest and requested to remain in the meeting
     room to participate in the debate and vote on this matter.

     Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
     consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
     may participate in the meeting for the debate and vote on this matter or whether he must leave the
     meeting for the debate and vote on this matter.

     Committee Recommendation
     Moved:             Cr Jurisevic
     Seconded:          Cr Wegener
     That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
     represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
     room to participate in the debate and vote on this matter.
     For:         Crs. Jurisevic, Wegener and Wilkie
     Against:     Crs. Lorentson, Finzel and Stewart
                                                                  Carried on the casting vote of the Chair.
     Cr Stockwell did not vote on the above motion.

     Committee Recommendation
     Moved:             Cr Wegener
     Seconded:          Cr Stockwell
     That Council note the report by the Chief Executive Officer to the Planning & Environment
     Committee Meeting dated 7 July 2020 regarding the Yurol Ringtail Environmental Project and:
     A.    Note that the project remains on track with all milestones to date being met;
     B.    Authorise the CEO to continue negotiations between the existing project partners and
           Greenfleet as outlined in the report and further, advise the State government that Council
           supports “in principle’ the proposal by Greenfleet to undertake environmental
           remediation work in the Yurol Ringtail project area; and
     C.    Note that the CEO will provide a further report to Council once those negotiations are
           further advanced outlining details of any changes required to existing contracts.
                                                                                    Carried unanimously.


                                                                                                 Page 4 of 6

Section 5

 RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                        13 JULY 2020


4    UPDATE ON COUNCIL GRANT FUNDING ALLOCATIONS
     Committee Recommendation
     Moved:            Cr Jurisevic
     Seconded:         Cr Stewart
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 13 July 2020 and endorse the various projects submitted to the State and
     Commonwealth governments for funding as set out in the report.
                                                                            Carried unanimously.



5    FINANCIAL PERFORMANCE REPORT – JUNE 2020 INTERIM POSITION
     Committee Recommendation
     Moved:            Cr Jurisevic
     Seconded:         Cr Lorentson
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 13 July 2020 outlining interim 2019/20 full year financial performance against
     budget, including key financial sustainability indicators.
                                                                          Carried unanimously.



CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved:           Cr Stockwell
Seconded:         Cr Stewart
That the meeting be closed to the public pursuant to section 275(1)(f) and (g) of the Local
Government Regulation 2012 for the purpose of discussing General Committee Agenda Item 6 -
152006.1999.4 – Planning & Environment Court Appeal No. BD1605 of 2020 regarding Refusal of
Application for a Minor Change to Development Approval to Reconfigure a Lot (52 lots & park) at
191 Hollett Rd, Noosaville.
                                                                       Carried unanimously.


RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved:           Cr Stockwell
Seconded:        Cr Stewart
That the meeting be re-opened to the public.
                                                                          Carried unanimously.




                                                                                     Page 5 of 6

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                        13 JULY 2020


6   152006.1999.4 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD1605 OF 2020
    REGARDING REFUSAL OF APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT
    APPROVAL TO RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT RD,
    NOOSAVILLE
    Committee Recommendation
    Moved:          Cr Stockwell
    Seconded:       Cr Jurisevic
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 13 July 2020 regarding Planning & Environment Court Appeal No.
    BD1605 of 2020 and:
    A.   Agree to allow the appeal as the proposed changes to the subdivision plan would be an
         improved outcome for the site in comparison with the approved subdivision plan given
         the changes reduce the development’s footprint and number of lots from 52 to 40; and
    B.   Note that in relation to the four other current Planning & Environment appeals over the
         site, allowing this appeal would not undermine these appeals or Council’s position that
         further any subdivision of the land is inappropriate and fundamentally conflicts with the
         Noosa Plan and the State’s planning requirements for the site.
                                                                          Carried unanimously.




                                                                                     Page 6 of 6

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