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2022-10-27 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting


           Thursday, 27 October 2022

                    commencing at 5pm
           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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Section 2

ORDINARY MEETING AGENDA                                        27 OCTOBER 2022


TABLE OF CONTENTS

ITEM                                                                      PAGE


1.     ATTENDANCE & APOLOGIES                                                 3


2.     CONFIRMATION OF MINUTES                                                3


3.     MAYORAL MINUTES                                                        3


4.     PETITIONS                                                              3


5.     NOTIFIED MOTIONS                                                       3


6.     PRESENTATIONS                                                          3


7.     DEPUTATIONS                                                            3


8.     CONSIDERATION OF COMMITTEE REPORTS                                     4


       1.   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 OCTOBER
            2022                                                              4


       2.   SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 OCTOBER
            2022                                                              6


       3.   GENERAL COMMITTEE MEETING REPORT 24 OCTOBER 2022                  8


9      ORDINARY MEETING REPORTS                                              11


10.    CLOSED SESSION                                                  11


11.    PUBLIC QUESTION TIME                                                  11


12.    NEXT MEETING                                                          11


13.    MEETING CLOSURE                                                       11




                                                                    Page 2 of 11

Section 3

ORDINARY MEETING AGENDA                                                   27 OCTOBER 2022


1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Ordinary Meeting held on 15 September 2022 be received and confirmed.




3.   MAYORAL MINUTES




4.   PETITIONS




5.   NOTIFIED MOTIONS


     Nil.




6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     1.      JUDY TULLOCH, BARRY COTTERELL & CHRIS HANSEN
             Topic:    Marcus Beach Bushcare & Coastal Reserves




                                                                                Page 3 of 11

Section 4

ORDINARY MEETING AGENDA                                                   27 OCTOBER 2022


8.   CONSIDERATION OF COMMITTEE REPORTS

1      PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 OCTOBER 2022


ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Brian Stockwell
Cr Karen Finzel
Cr Clare Stewart

Cr Amelia Lorentson (non-Committee Councillor for Items 1-3)
Cr Frank Wilkie (non-Committee Councillor)
Cr Jurisevic (non-Committee Councillor)

EXECUTIVE
L Sengstock, Acting Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development

APOLOGIES
Cr Tom Wegener (Chair)
S Waters, Chief Executive Officer

COMMITTEE RECOMMENDATIONS TO COUNCIL

1    132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
     DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT
     DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND
     ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY
     FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA HEADS
     That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
     due to the significance of the issue.

2    PLANNING & ENVIRONMENT COURT APPEAL NO D129 OF 2022 – APPLICATION FOR
     SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
     1 (ADMINISTRATION) 2015 FOR 2 GANNET ST, PEREGIAN BEACH
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment
     Court Appeal D129/22 of 2022 and agree to defend the appeal.


3    PLANNING & ENVIRONMENT COURT APPEAL NO D130/22 OF 2022 – APPLICATION
     FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW
     NO. 1 (ADMINISTRATION) 2015 FOR 1/6 CRANK ST, SUNSHINE BEACH

     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment
     Court Appeal D130/22 of 2022 and agree to defend the appeal.




                                                                                Page 4 of 11

Section 5

ORDINARY MEETING AGENDA                                                   27 OCTOBER 2022




4    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT– AUGUST
     2022
     That Council note the report by the Manager, Development Assessment to the Planning &
     Environment Committee Meeting dated 11 October 2022 regarding planning applications that
     have been decided by delegated authority.




Committee Recommendation
That the report of the Planning & Environment Committee dated 11 October 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                Page 5 of 11

Section 6

ORDINARY MEETING AGENDA                                                                  27 OCTOBER 2022


2     SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 OCTOBER 2022

ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Finzel (non-Committee Councillor)
EXECUTIVE
L Sengstock, Acting CEO & Director Infrastructure Services
D Iezzi, Director Executive Services
K Contini, Director Community Services
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL


1     T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER
      That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
      due to the significance of the issue.


2     NOOSA RIVER HOLIDAY PARK MANAGEMENT SERVICES TENDER – T000082
      That Council note the report by the Property Advisor – Commercial Property to the Services &
      Organisation Committee Meeting dated 11 October 2022, and
      A.    Award contract T000082 to 1EIGHT Pty Ltd for the Noosa River Holiday Park
            Management Services for an initial five (5) year period commencing 22 November 2022;
            and
      B.    Authorise the Chief Executive Officer to exercise future options to extend the contract for
            a further 1 x 2 year period subject to satisfactory performance at Council’s sole
            discretion.

3     NOOSA SHIRE COUNCIL SOLE AND SPECIALISED SUPPLIER LISTS
      In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
      declaration to the meeting of a declarable conflict of interest in this matter:
      I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
      husband, Chris Lorentson, is an employee of Page Furnishers Pty Ltd who are proposed to be included
      on the Specialised Supplier List. As a result of my conflict of interest I will now leave the meeting room
      while the matter is considered and voted on.
      That Council note the report by the Procurement & Contracts Advisor to the Services &
      Organisation Committee Meeting dated 11 October 2022 and
      A.    Adopt the amended Sole Supplier list provided at Attachment 1 to the report for the next
            twelve (12) months; and
      B.    Adopt the amended Specialised Supplier list provided at Attachment 2 for the next twelve
            (12) months.

                                                                                                 Page 6 of 11

Section 7

ORDINARY MEETING AGENDA                                                       27 OCTOBER 2022


4    ADVERTISING SPENDING POLICY
     That Services & Organisation Committee Agenda Item 4 be referred to the General Committee
     for further discussion.


5    2022 ANNUAL DISASTER MANAGEMENT REPORT
     That Council note the report by the Disaster Management Officer to the Services &
     Organisation Committee Meeting dated 11 October 2022 providing an update on disaster
     management activities and thank the members and advisors to the Noosa Local Disaster
     Management Group for their participation.



6    THE J – FULL YEAR REPORT TO 30 JUNE 2022
     That Council note the report by the Community Facilities Manager to the Services &
     Organisation Committee meeting dated 11 October 2022, providing an update on the activities
     of The J for the 2021/22 financial year.



7    NOOSA LEISURE CENTRE (NLC) – FULL YEAR REPORT TO 30 JUNE 2022
     That Council note the report by the Community Facilities Manager to the Services &
     Organisation Committee meeting dated 11 October 2022, providing an update on the activities
     of the Noosa Leisure Centre for the 2021/22 financial year.


8    COOROY BUTTER FACTORY MANAGEMENT UPDATE 2022
     That Council note the report by the Acting Manager Libraries & Galleries to the Services &
     Organisation Committee Meeting dated 11 October 2022 and
     A.    Authorise the CEO to enter into an agreement with the Cooroy Future Group Inc to
           operate the Butter Factory for a further five-year period, commencing 1 January 2023.
           This agreement is to be in accordance with Council’s Community Leasing Policy and
           subject to continued satisfactory performance by the Group, reviewed on an annual
           basis;
     B.    Provide annual funding of $114,500 (ex GST) to the Cooroy Future Group Inc to support
           operations to December 2027 in line with the approach outlined in the Finance section
           of this report;
     C.    Refer future funding arrangements to the 2023/24 budget process; and
     D.    Extend congratulations to the Cooroy Future Group on their success thus far in operating
           the Butter Factory.


Committee Recommendation
That the report of the Services & Organisation Committee dated 11 October 2022 be received and
note that there were no recommendations made at this meeting.




                                                                                     Page 7 of 11

Section 8

ORDINARY MEETING AGENDA                                                        27 OCTOBER 2022


3      GENERAL COMMITTEE MEETING REPORT 24 OCTOBER 2022

ATTENDANCE & APOLOGIES

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

EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
L Sengstock, Director Infrastructure Services
D Iezzi, Director Executive Services
T. Grauf, Acting Director Corporate Services
K.Rawlings, Director Environment and Sustainable Development
K.Contini, Director Community Services


APOLOGIES
Nil.


COMMITTEE RECOMMENDATIONS TO COUNCIL

1      132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
       DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT
       DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND
       ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY
       FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA HEADS
       That Council note the report by the Coordinator of Planning to the Planning & Environment
       Committee Meeting dated 11 October 2022 regarding Application No. 132008.176.04 for an
       extension to the currency period for Material Change of Use - Resort Development comprising
       a Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation
       Units) and Ancillary Facilities situated at 3 and 7 Serenity Close, Noosa Heads and described
       as Lots 10 and 11 on SP195871 and

       A.   Defer the consideration of the application to such time as the assessment of the Other
            Change application (132008.176.05) has been completed by staff and both applications
            be reported to Council.
       B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


2      T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER
       That Council note the report by the Property Advisor to the Services and Organisation
       Committee Meeting dated 11 October 2022 regarding the Noosa North Shore ferry service
       Tender and:


                                                                                      Page 8 of 11

Section 9

ORDINARY MEETING AGENDA                                                      27 OCTOBER 2022


    A.   Award the contract T000074 for the provision of the Noosa North Shore ferry service to
         Divers Den Investments Pty Ltd commencing from 1 July 2024 for a term of 20 years for
         a commencing annual fixed fee of $2,485,368+GST and a revenue share component of
         5% above the annual fixed fee (being the tender described as Tender 2 in the report);
    B.   Authorise the CEO to finalise and execute the agreement with Divers Den Investments
         Pty Ltd on Council’s behalf;
    C.   Authorise the CEO to award 1 x 5 year extension to Divers Den Investments Pty Ltd
         subject to satisfactory performance and at Council’s sole discretion; and
    D.   Request the CEO undertake a review of the ferry crossing fees for future financial years
         to ensure appropriate pricing for customer types and the service continues to avoid the
         need for ratepayer subsidisation.



3   ADVERTISING SPENDING POLICY
    That Council note the report by the Director Executive Services to the Services & Organisation
    Committee Meeting dated 11 October 2022 and approve the amended Advertising Spending
    Policy provided at Attachment 2 to the Report.



4   DBW21/0216 APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
    SEAVIEW TERRACE, SUNSHINE BEACH
    That General Committee Agenda Item 4 be deferred to the Ordinary Meeting on the 27th
    October 2022 for more information.


5   MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
    CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
    TINBEERWAH
    That General Committee Agenda Item 5 be deferred to the Ordinary Meeting on the 27th
    October 2022 for more information.


6   MCU16/0044.02 APPLICATION FOR MINOR CHANGE TO DEVELOPMENT APPROVAL
    DIGITAL HUB AT 255 DAVID LOW WAY, PEREGIAN BEACH DECIDED UNDER
    DELEGATION
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 24 October 2022 regarding Application No MCU16/0044.02 for a
    minor change to the development approval for Commercial Business Type 1 Office,
    Entertainment & Dining Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and
    Open Space Type 1 Sport & Recreation and Boundary Realignment situated at 253-255 David
    Low Way, Peregian Beach.




                                                                                    Page 9 of 11

Section 10

ORDINARY MEETING AGENDA                                                      27 OCTOBER 2022


7    NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – FINAL REPORT
     That General Committee Agenda Item 7 be deferred to the Ordinary Meeting on the 27th
     October 2022 for more information.


8    CONTRACT NO. T000071 MCKINNON DRIVE COMMUNITY SPORTS FACILITY
     REPLACEMENT – TENDER AWARD
     That Council note the report by the Buildings and Facilities Coordinator to the General
     Committee Meeting dated 24 October 2022, and award Contract No. T000071 for design and
     construction of McKinnon Drive Community Sports Facility Replacement to Murphy Builders
     Qld Pty Ltd for the lump sum price of $1,871,877 (excl. GST).


9    2022 FLOOD EVENT RECOVERY FUNDING UPDATE
     That Council note the report by the Director Infrastructure Services to the General Committee
     Meeting dated 24 October 2022 including;
     A.   providing an update on the financial progress of the reconstruction of essential assets
          damaged during the 2022 flooding events in Noosa and;
     B.   Authorise the Chief Executive Officer to proceed with the necessary funding applications
          to the Queensland Reconstruction Authority

10   COMMUNITY DISASTER RESPONSE AND RECOVERY GRANT
     That Council note the report by the Community Development Manager to the General
     Committee Meeting dated 24 October 2022 and approve Pomona and District Community
     House funding to the value of $60,000 from the Disaster Response and Recovery grant to
     employ a part time social worker until December 2023.


11   ORGANISATIONAL ESTABLISHMENT
     That Council note the report by the Director Executive Services to the General Committee
     Meeting dated 24 October 2022 and adopt the Noosa Council organisational structure as set
     out in Attachment 1 to the report.



12   FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2022
     That Council note the report by the Manager Financial Services (Acting) to the General
     Committee Meeting dated 24 October 2022 outlining September 2022 year to date financial
     performance against budget, including changes to the financial performance report with the
     inclusion of key financial sustainability indicators.

Committee Recommendation
That the report of the General Committee dated 24 October 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.




                                                                                   Page 10 of 11

Section 11

ORDINARY MEETING AGENDA                                                27 OCTOBER 2022


9     ORDINARY MEETING REPORTS

      Nil




10.   CLOSED SESSION

      Nil.




11.   PUBLIC QUESTION TIME

      Nil.




12.   NEXT MEETING

      The next Ordinary Meeting will be held on 17 November 2022 at the Council Chambers,
      9 Pelican Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE




                                                                            Page 11 of 11

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