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2016-09-15 Ordinary Meeting Minutes

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                       AGENDA


            Ordinary Meeting

        Thursday, 15 September 2016

                    commencing at 6pm
         Council Chambers, 9 Pelican Street, Tewantin




Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie



  “Engagement with our community to protect and enhance our lifestyle”
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Section 2

ORDINARY MEETING AGENDA                                15 SEPTEMBER 2016


TABLE OF CONTENTS


ITEM                                                                PAGE
1      ATTENDANCE & APOLOGIES                                           3
2      CONFIRMATION OF MINUTES                                          3
3      MAYORAL MINUTES                                                  3
4      NOTIFIED MOTIONS                                                 3
5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                       4
       AUDIT & RISK COMMITTEE RECOMMENDATIONS                           4
       PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS                 6
       SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS               10
       GENERAL COMMITTEE RECOMMENDATIONS                               12
6      ORDINARY MEETING REPORTS                                        13
7      PETITIONS                                                       13
8      CLOSED SESSION                                            13
9      NEXT MEETING                                                    13
10     MEETING CLOSURE                                                 13




                                                              Page 2 of 13

Section 3

ORDINARY MEETING AGENDA                                              15 SEPTEMBER 2016



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 18 August 2016 be received and confirmed.




3   MAYORAL MINUTES




4   NOTIFIED MOTIONS

    Nil.




                                                                              Page 3 of 13

Section 4

ORDINARY MEETING AGENDA                                                  15 SEPTEMBER 2016


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
26 AUGUST 2016 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers


External attendees:   Denis Byram (Queensland Audit Office)

1    QUEENSLAND AUDIT OFFICE BRIEFING NOTE
     That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
     Audit & Risk Committee meeting dated 26 August 2016 providing an update on recent audit
     activity and other related matters.



2    INTERNAL AUDIT PLAN 2016/17 AND INTERNAL AUDIT POLICY REVIEW
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 26 August 2016 and:
     A.    Adopt the Internal Audit Plan 2016/17 as provided at Attachment 1 to the report; and
     B.    Note Council’s current Internal Audit Policy and Internal Audit Charter provided at
           Attachment 2 for the purpose of the prescribed annual review.



3    DRAFT FINANCIAL STATEMENTS - 2015/16
     That Council note the report by the Manager Financial Services to the Audit & Risk
     Committee Meeting dated 26 August 2016 regarding the draft general purpose financial
     statements for the period ended 30 June 2016.


4    ICT TECHNICAL GAP ANALYSIS AND SECURITY IMPROVEMENT PROGRAM AUDIT
     That Council note the report by the Director Corporate Services to the Audit & Risk
     Committee Meeting dated 26 August 2016 providing an overview of the recent ICT Technical
     Gap Analysis and Security Improvement Program audit.



5    IMPLEMENTATION OF INTERNAL AND EXTERNAL AUDIT RECOMMENDATIONS
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 26 August 2016 providing an update on the organisation’s progress on
     implementing recommendations from the Queensland Audit Office and completed Internal
     Audits.


6    DISASTER MANAGEMENT UPDATE
     That Council note the report by the Disaster Management & Special Projects Officer to the
     Audit & Risk Committee Meeting dated 26 August 2016 providing an update on Council’s
     Disaster Management Operations for 2016/17.




                                                                                   Page 4 of 13

Section 5

ORDINARY MEETING AGENDA                                              15 SEPTEMBER 2016


7    RISK MANAGEMENT UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 26 August 2016 providing an update on Council’s Risk Management Program.


8    GOVERNANCE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 26 August 2016 providing an update on Council Governance matters.




Recommendation

The Audit & Risk Committee recommendations dated 26 August 2016 be adopted except where
dealt with or held over by separate resolution.




                                                                              Page 5 of 13

Section 6

ORDINARY MEETING AGENDA                                                  15 SEPTEMBER 2016


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
6 SEPTEMBER 2016 – Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell,
Tony Wellington
Other Councillors in Attendance: Crs. Wilkie, Pardon & Glasgow

1    MCU15/0109 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
     FOR MULTIPLE HOUSING - TYPE 4 CONVENTIONAL (44 UNITS) AT RESORT DRIVE,
     NOOSA HEADS
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 6 September 2016 regarding Application No. MCU15/0109 for a
     Development Permit for a Material Change of Use for Multiple housing Type 4 - Conventional
     (44 units) situated at Resort Drive, Noosa Heads and:
     A.    Approve the application in accordance with the following conditions contained in the
           Planning & Environment Committee Agenda dated 6 September 2016 with an
           amendment to conditions 25, 28 and 49 to read as follows::
           25.   The development must be carried out in accordance with section 7.0 of the
                 Bushfire Hazard Assessment and Management Plan (document ref.
                 AA1345BFIRE Rev.3) dated July 2016 prepared by Duke Environmental listed
                 within this Decision Notice.
           28.   External works, pathways, must be provided in accordance with an Operational
                 Works approval, unless already constructed, and must include in particular:
                 a.   A new 2.0 metre wide concrete pathway must be constructed along the full
                      length of the eastern boundary lines for Lot 6 SP178340 (this property) and
                      Lot 3 SP 221524 (the adjoining site) generally within the created pathway
                      reserve and to alignment protects existing trees.
                 b.   A new concrete pathway must be constructed within the unformed road
                      reserve south to the site. This pathway shall be constructed at meandering
                      alignment to negotiate the steepness of the terrain and the natural
                      vegetation. This pathway must connect to the pathway along the eastern
                      boundary and connect to the existing cul-de-sac end of Resort Drive, and
                      shall be 2.0m wide and reduced to a minimum width of 1.5 meter where
                      necessary to protect existing vegetation.
                 The pathways must be designed and constructed in accordance with relevant
                 standards and best engineering practice using method/s of construction that
                 minimising impact on natural flora and fauna and maintenance needs also
                 ensuring pedestrian safety.
                 This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
                 being non-trunk infrastructure.
           49.   Where stormwater runoff from the site will enter the Noosa Springs Lake System,
                 Quarterly monitoring is required of stormwaters directed from the development
                 to the Noosa Springs Lake System. Monitoring must be undertaken by a suitably
                 qualified person using NATA accredited methods for the following parameters.
                    Nitrite plus Nitrate as N (NOx)
                    Total Kjeldahl Nitrogen (TKN)
                    Total Nitrogen as N (TKN + NOx)
                    Total Nitrogen as N
                    Total Phosphorus as P
                    Reactive Phosphorus as P (Dissolved)
                    Reactive Phosphorus – Filtered

                                                                                   Page 6 of 13

Section 7

ORDINARY MEETING AGENDA                                                     15 SEPTEMBER 2016


                Water quality monitoring results must be retained in electronic form by the
                property owner for a minimum of 5 years and must be made available to Noosa
                Council on request. This monitoring must continue until notified by Noosa Council
                that it is no longer needed.
    B.    Authorise Council’s Chief Executive Officer to Execute the Voluntary Vegetation Offset
          Agreement.




2   REC16/0015 - APPLICATION FOR A DEVELOPMENT APPROVAL FOR A
    RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS AND ACCESS EASEMENT)
    SITUATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 6 September 2016 regarding Application No. REC16/0015 for a
    Development Permit for Reconfiguring a Lot (1 lot into 2 lots and Access Easement) situated
    at 2 David Low Way, Castaways Beach and issue a Preliminary Approval in accordance with
    the following conditions contained in the Planning & Environment Committee Agenda dated
    6 September 2016.:




3   OPW16/0016 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL
    WORKS - PRESCRIBED TIDAL WORKS (DECK)
    That Council note the report by the Coordinator Engineering to the Planning & Environment
    Committee Meeting dated 6 September 2016 regarding application OPW16/0016 for a
    Development Permit Operational Works – Prescribed Tidal Works (Deck) and defer
    consideration of the application to a future Council meeting to allow staff to hold further
    discussions with the applicant on their future plans for the facility. refuse the application for
    the following reasons:
    1.   The proposed deck does not comply with Overall Outcome and Specific Outcomes of
         the Noosa Plan’s Watercourses Works Code;
    2.   The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal
         Protection and Management Regulation 2003 and does not comply with Specific
         Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003;
    3.   The proposed development will reduce the marine uses of the site and intensify the
         commercial uses by increasing the available deck areas within the marina; and
    4.   The proposed deck adds a substantial area and additional built form on the Noosa River,
         is likely to increase traffic volumes on adjoining lands and there are insufficient parking
         facilities available in the area.


4   132003.221152.5 CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE OF
    USE FOR A DWELLING TO INCLUDE AN UNROOFED DECK AND RETAINING WALL
    ADDITIONS AT 12 PARK ROAD, NOOSA HEADS
    That Council note the report by the Development Planner to the Planning and Environment
    Committee dated 6 September 2016 regarding Application No. 132003.221152.5 for a
    request to change a Development Permit for Material Change of Use for a dwelling house to
    include a retaining wall and unroofed deck, situated at 12 Park Road, Noosa Heads and:
    A.    Approve the change with additional Conditions 47, 48, 49, 50, 51 and 52 being included
          as follows:


                                                                                      Page 7 of 13

Section 8

ORDINARY MEETING AGENDA                                                     15 SEPTEMBER 2016


         Additional Conditions September 2016
         47.   Development undertaken in accordance with this approval must 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

                    MB_12PR_01     F       Cover Sheet, prepared by Myles Baldwin Design    08.07.16

                    MB_12PR_02     F       Landscape Plan, prepared by Myles Baldwin        08.07.16
                                           Design

                    MB_12PR_03     D       Elevation / Section, prepared by Myles Baldwin   08.07.16
                                           Design

                    MB_12PR_08     B       Sewer Setback Detail, prepared by Myles          08.07.16
                                           Baldwin Design

                    MB_12PR_09     B       Existing Plants, prepared by Myles Baldwin       08.07.16
                                           Design

         48.   The Approved Plans must be amended to incorporate a minimum 2 metre
               setback for all structures to the Park Road boundary. The amended plans must
               be submitted to Council prior to the issue of any Development Permit for
               Operational Works*. *(Refer to Advisory Note)
         49.   The 2 metre setback must be densely landscaped in accordance with Planning
               Scheme Policy PSP3 Landscaping Plants and Guidelines and an Operational
               Works Approval and must in particular include:
               a.      existing native trees including but not limited to trees 61, 62, 181, 171 and
                       175 retained in accordance with an Arborist Report prepared by a suitably
                       qualified person.
               b.      under storey plants that grow to a minimum height of 4m
               c.      four (4) 100lt endemic native trees planted at equal spacing along the
                       length of the structure.
         50.   Security in the form of a cash bond or trading bank guarantee to the sum of
               $10,000 must be submitted to Council, to secure performance of all conditions of
               this approval, prior to the issue of a Development Permit for Operational Works.
               The cash bond or trading bank guarantee will be returned on performance of the
               conditions of approval less any costs incurred by Council in respect of enforcing
               performance of this permit. Council reserves the right to call upon the bond or
               guaranteed sum to effect compliance with conditions.
         51.   The works must comply with the terms of Easement B on RP 177551.
         52.   The works must be carried out generally in accordance with the Construction
               Management Plan, prepared by TOD Engineers and Project Managers, dated
               July 2016 and the Slope Stability Assessment – Proposed Deck, Project No.
               16072-001-Rev0, prepared by Tectonic Geotechnical & Environmental
               Engineers, dated 14 April 2016.
    B.   Advise the applicant to cease pruning the trees in the road reserve in front of the subject
         site.




                                                                                      Page 8 of 13

Section 9

ORDINARY MEETING AGENDA                                                               15 SEPTEMBER 2016


5    PROPOSAL TO PREPARE A NEW PLANNING SCHEME
     That Council note the report by the Planning Scheme Project Manager to the Planning &
     Environment Committee Meeting dated 6 September 2016 in relation to the proposal to
     prepare a New Planning Scheme and:
     A.    Endorse the document The Noosa Plan 2006 - Ten Year Review as provided at
           Attachment 1 to the report;
     B.    Propose to prepare a new Planning Scheme for the whole of Noosa Shire;
     C.    Authorise the Chief Executive Officer to prepare a Statement about State Interests;
           and
     D.    Advise the Minister of this decision.



6    NOOSA PARKLANDS PARK MANAGEMENT PLAN
     Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to both his residence in Noosa Parklands and his membership of the Local
     Bushland Care Group associated with the Noosa Parklands area. Cr Jurisevic believed he could consider
     this item impartially and in the public interest and therefore remained in the meeting room for the debate
     and decision on this matter.
     That Council note the report by the Principal Environment Officer to the Planning &
     Environment Committee Meeting dated 6 September 2016 and
     A.    Thank the submitters for their comments on the Draft Plan;
     B.    Adopt the Noosa Parklands Park Management Plan; and
     C.    Note that any additional costs, over existing budgets, to implement the Plan, will be
           subject to future budget deliberations.


7    GREEN PAPER ON FISHERIES MANAGEMENT REFORM IN QUEENSLAND
     That Council note the report by the Environment Officer (Rivers and Coast) to the Planning
     & Environment Committee Meeting dated 6 September 2016 regarding release of the Green
     Paper on fisheries management reform in Queensland and defer consideration of the matter
     to the Ordinary Meeting dated 15 September 2016 agree to make a submission to the Green
     Paper as outlined in section 6 of this report.




Recommendation

The Planning & Environment Committee recommendations dated 6 September 2016 be adopted
except where dealt with or held over by separate resolution.




                                                                                                  Page 9 of 13

Section 10

ORDINARY MEETING AGENDA                                                    15 SEPTEMBER 2016


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
6 SEPTEMBER 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington
& Frank Wilkie
Other Councillors in Attendance: Crs. Jurisevic & Jackson

1    CONSTRUCTION OR MAINTENANCE OF UNCONSTRUCTED ROADS POLICY
     That Council note the report by the Civil Operations Manager to the Services & Organisation
     Committee Meeting dated 6 September 2016 and adopt the Construction or Maintenance of
     Unconstructed Roads Policy as provided at Attachment 1 to the report.


2    ASSET MANAGEMENT CAPABILITY ASSESSMENT AND ROADMAP
     That Council note the report by the Asset Planning Coordinator to the Services &
     Organisation Committee Meeting dated 6 September 2016 providing an update on the asset
     management capability assessment and:
     A.    Adopt the asset management roadmap (as provided at Attachment 1 to the report) as
           the asset management improvement plan for staff to commence implementation, and
     B.    Support the implementation of the asset management initiatives and activities across
           the organisation, including those defined in the Noosa Council asset management
           roadmap.


3    NOOSA LOCAL DISASTER MANAGEMENT PLAN 2016/17
     That Council note the report by the Disaster Management & Special Projects Officer to the
     Services & Organisation Committee Meeting dated 6 September 2016 and:
     A.    Repeal the Noosa Local Disaster Management Plan 2015/16 and adopt the Noosa
           Local Disaster Management Plan 2016/17 as provided at Attachment 1 to the report,
           and.
     B.    Devolve responsibility for updating and approving the operational appendices of the
           Local Disaster Management Plan 2016/17 to the Noosa Local Disaster Management
           Group.
     C.    Adopt the list of members and advisors for the Noosa Local Disaster Management
           Group as provided at Attachment 2 to the report.


4    1516T089 COUNCIL         OWNED      HEATING,     VENTILATION      &    AIRCONDITIONING
     MAINTENANCE
     That Council note the report by the Building and Plumbing Manager to the Services &
     Organisation Committee Meeting dated 6 September 2016 and:
     A.    Award tender (1516T089) for the whole of region maintenance of Council owned
           heating, ventilation and air-conditioning systems to Gealy’s Air-conditioning and
           Refrigeration for the initial term lump sum price of $48,923 excluding GST; and
     B.    Award the contract for an initial term of 12 months, with consideration to extend the
           contract up to four (4) terms of up to twelve (12) months each.




                                                                                 Page 10 of 13

Section 11

ORDINARY MEETING AGENDA                                                             15 SEPTEMBER 2016


5    COOROY BUTTER FACTORY - UPDATE ON FIRST SIX MONTHS OF OPERATIONS
     UNDER MANAGEMENT BY THE COOROY FUTURE GROUP
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to his ex-officio membership on the Cooroy Future Group Inc. Cr Pardon
     believed he could consider this item impartially and in the public interest and therefore remained in the
     meeting room for the debate and decision on this matter.
     That Council note the report by the Manager Libraries & Galleries to the Services &
     Organisation Committee Meeting dated 6 September 2016 and:
     A.    Authorise the CEO to enter into an agreement with the Cooroy Future Group Inc to
           operate the Butter Factory Arts Centre for a three-year period with a three-year option,
           commencing 1 January 2017. This agreement to be in accordance with Council’s
           Community Leasing Policy and subject to continued satisfactory performance by the
           Group in the second half of 2016 calendar year;
     B.    Provide funding of $61,042 (ex GST) to the Cooroy Future Group Inc to support
           operations to the six-month period to June 2017; and
     C.    Refer future funding arrangements to the 2017/18 budget process pending the final
           outcome of the twelve-month trial;. and
     D.    Council extends its congratulations to the Cooroy Future Group on their success thus
           far in operating the Cooroy Butter Factory.


6    1516T108 ICT MANAGED SERVICES
     That Council note the report by the ICT Manager to the Services & Organisation Committee
     Meeting dated 6 September 2016 and
     A.    Award Contract 1516T108 ICT Managed Services to the following Contractor:
           1.     Portion A – Managed Infrastructure as a Service to Nexon Asia Pacific;
           2.     Portion B – Managed Unified Communications Services to Nexon Asia Pacific;
           3.     Portion D – Managed Network to Nexon Asia Pacific;
     B.    Award the Contract for an initial term of three (3) years, with the option to extend the
           Contract for up to a further period of twelve (12) months; and
     C.    Note Portion C – Managed Call Centre System had not been awarded.


7    UPDATE ON COUNCIL ICT SECURITY
     That Council note the report by the ICT Manager to the Services & Organisation Committee
     Meeting dated 6 September 2016 providing an update on Council’s ICT security measures.

8    RATE LEVY - JULY 2016
     That Council note the report by the Manager Revenue Services to the Services &
     Organisation Committee Meeting dated 6 September 2016 providing an overview of the
     outcomes from the July 2016 rate levy.



Recommendation

The Services & Organisation Committee recommendations dated 6 September 2016 be adopted
except where dealt with or held over by separate resolution.


                                                                                              Page 11 of 13

Section 12

ORDINARY MEETING AGENDA                                                  15 SEPTEMBER 2016


GENERAL COMMITTEE RECOMMENDATIONS
12 SEPTEMBER 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Joe Jurisevic, Frank Pardon,
Brian Stockwell and Tony Wellington. Apology – Cr Jackson




1    1516T035 ROAD RESURFACING AND REHABILITATION - TENDER ACCEPTANCE
     That Council note the report by the Civil Operations Technical Officer to the General
     Committee Meeting dated 12 September 2016 and:
     A.   Award contract 1617T029 Road Resurfacing 2016 to the following contractors:
          i.     Portion A – Road Reseal & Rehabilitation Programme: Downer EDI Works Pty
                 Ltd
          ii.    Portion B – Mill and Fill Pavement Repairs: Allroad Surfaces Pty Ltd & Downer
                 EDI Works Pty Ltd
          iii.   Portion C – Bitumen Sealing: Downer EDI Works Pty Ltd
     B.   Award the contract for an initial period of up to twelve (12) months, with an option to
          extend for a further two (2) terms of up to twelve (12) months each.



2    FINANCIAL PERFORMANCE REPORT - AUGUST 2016
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 12 September 2016 providing the August YTD monthly financial performance
     report for the 2016/17 financial year.




Recommendation

The General Committee recommendations dated 12 September 2016 be adopted except where
dealt with or held over by separate resolution.




                                                                                  Page 12 of 13

Section 13

ORDINARY MEETING AGENDA                                           15 SEPTEMBER 2016


6    ORDINARY MEETING REPORTS
     1    GREEN PAPER ON FISHERIES MANAGEMENT REFORM IN QUEENSLAND –
          FURTHER REPORT
          Report to be tabled.




7    PETITIONS




8    CLOSED SESSION




9    NEXT MEETING

     The next Ordinary Meeting will be held on 20 October 2016 at the Cooroy Sports Hub
     (Cooroy Bowls Club), 6 Opal Street, Cooroy commencing at 6pm.




10   MEETING CLOSURE




                                                                          Page 13 of 13

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