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2017-05-18 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting

              Thursday, 18 May 2017

                    commencing at 6pm
 Lake Cootharaba Sailing Club, 24 Boreen Parade, Boreen Point




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



                   “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                          18 MAY 2017



1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor T Wellington, Mayor
    Councillor J Glasgow
    Councillor I Jackson
    Councillor J Jurisevic
    Councillor F Pardon
    Councillor B Stockwell

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Rogers, Director Community Services
    M Shave, Director Corporate Services
    A Hull, Acting Director Planning & Infrastructure

    APOLOGIES
    Councillor F Wilkie, Deputy Mayor

    The meeting commenced at 6pm.


2   CONFIRMATION OF MINUTES
    Council Resolution
    Moved:             Cr Pardon
    Seconded:          Cr Glasgow
    The Minutes of the Ordinary Meeting held on 20 April 2017 be received and confirmed.
                                                                                       Carried.

3   MAYORAL MINUTES

    Nil.


4   PETITIONS

    1      PETITION: REQUEST THAT COUNCIL GRANT THE NOOSA WATERFRONT
           RESTAURANT A PERMIT TO USE NEIGHBOURING PARKLAND TO ENABLE
           WEDDING EVENTS TO OCCUR

           Council Resolution
           Moved:           Cr Jackson
           Seconded:        Cr Pardon
           That the petition tabled by Cr Jackson requesting that Council negotiate and advocate
           with all government stakeholders to allow the Noosa Waterfront Restaurant to use
           neighbouring parklands next to their business for wedding events until 30 November
           2017 be received and referred to the Chief Executive Officer to determine appropriate
           action.
                                                                                       Carried.

                                                                                  Page 2 of 10

Section 3

ORDINARY MEETING MINUTES                                                            18 MAY 2017


5    NOTIFIED MOTIONS

Procedural Motion
Moved:           Cr Wellington
Seconded:        Cr Jackson

That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Council to consider a Notified Motion that includes additional wording from that which has been
previously notified in writing.
                                                                                        Carried.


1    NOTICE OF MOTION – NOOSA WATERFRONT RESTAURANT REQUEST FOR
     APPROVAL OF EVENTS IN ADJACENT RECREATION PARK RESERVE
     Council Resolution
     Moved:            Cr Jackson
     Seconded:         Cr Pardon
     That Council:
     A.     Note the Council resolution at the Ordinary Meeting of 20 April 2017;
     B.     Seek Ministerial approval of the inconsistent use pursuant to section 52 of the Land
            Act, to enable it to lawfully issue Temporary Event Permits to the Noosa Waterfront
            Restaurant for existing event bookings to 30 November 2017; and
     C.     Subject to grant of the Ministerial approval, issue those Temporary Event Permits to
            the Noosa Waterfront Restaurant.
                                                                                        Carried.

Procedural Motion
Moved:           Cr Wellington
Seconded:        Cr Jurisevic

That Standing Orders be resumed.
                                                                                        Carried.




                                                                                    Page 3 of 10

Section 4

ORDINARY MEETING MINUTES                                                                     18 MAY 2017


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
9 MAY 2017 – Crs. Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and
Tony Wellington
Other Councillors in attendance: Crs. Frank Pardon and Frank Wilkie

3    OPW17/0016 - DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - PRESCRIBED
     TIDAL WORKS (OYSTER REEF RESTORATION)
     Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) due to his membership on the Noosa Biosphere Reserve Foundation
     Board who are jointly involved in funding this project. Cr Wellington believed that 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. The CEO advised that in accordance with Section 173 (9) of the
     Local Government Act 2009, Cr Wellington does not have an actual conflict as he was nominated by
     Council to be a member of the board.
     Council Resolution
     Moved:         Cr Stockwell
     Seconded:      Cr Jurisevic
     That Council note the report by the Coordinator Engineering, Mark Lewis to the Planning &
     Environment Committee Meeting dated 9 May 2017 regarding Application No. OPW17/0016
     for a Development Permit for Operational Works for Prescribed Tidal Works (Oyster Reef
     Restoration Units) for 15 sites within the intertidal zone of the Noosa River and approve the
     application in accordance with the following conditions:
     APPROVED PLANS
     1.    Development undertaken in accordance with this approval must generally 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
              2016.0028-001      A        Site Location prepared by International        20 October 2016
                                          Coastal Management
              2016.0028-002      A        Plan Layout Site 1-12 prepared            by   20 October 2016
                                          International Coastal Management
              2016.0028-003      A        Plan Layout Site 13-16 prepared by             20 October 2016
                                          International Coastal Management
              2016.0028-004      A        Site 1 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-005      A        Site 2 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-006      A        Site 3 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-007      A        Site 4 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-008      A        Site 5 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-009      A        Site 6 prepared by International Coastal       20 October 2016
                                          Management
              2016.0028-010      A        Site 7 prepared by International Coastal       20 October 2016
                                          Management



                                                                                              Page 4 of 10

Section 5

ORDINARY MEETING MINUTES                                                              18 MAY 2017


            2016.0028-011     A      Site 8 prepared by International Coastal    20 October 2016
                                     Management
            2016.0028-012     A      Site 9 prepared by International Coastal    20 October 2016
                                     Management
            2016.0028-013     A      Site 10 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-014     A      Site 11 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-015     A      Site 12 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-016     A      Site 13 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-017     A      Site 14 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-019     A      Site 16 prepared by International Coastal   20 October 2016
                                     Management
            2016.0028-020     A      Detail prepared by International Coastal    20 October 2016
                                     Management

     2.   All equipment and structures associated with the works must be located in accordance
          with the approved plans.
     3.   Safe access in the vicinity of the works must be maintained at all times.
     4.   Any construction and post construction activity is not to impact on the condition of the
          waterway, and is to be conducted so as not to breach the Environmental Protection Act
          (EPA) 1994 and the Environmental Protection (Water) Policy 2009.
     5.   Certification by a Registered Professional Engineer of Queensland must be submitted
          to Council at the completion of the works. The certification must state that the works
          have been constructed in accordance with best practice methods, are in accordance
          with Coastal Protection and Management Act 1995.
                                                                                          Carried.




The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.

Council Resolution
Moved:         Cr Jurisevic
Seconded:      Cr Glasgow
The Planning & Environment Committee recommendations dated 9 May 2017 be adopted except
where dealt with or held over by separate resolution.
                                                                                          Carried.




                                                                                      Page 5 of 10

Section 6

ORDINARY MEETING MINUTES                                                          18 MAY 2017


1   LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PUBLIC PARKS & LAND FOR
    COMMUNITY FACILITIES NETWORK - PFTI & SOW)
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 9 May 2017 regarding the review of the Public Parks
    and Land for Community Facilities network required for the new Local Government
    Infrastructure Plan (LGIP) under The Noosa Plan 2006 and:
    A.   Approve the Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 3 to
         the report;
    B.   Approve the Schedule of Works (SOW) provided in Attachment 2 noting that the cost
         estimates may be refined following completion of the excel SOW Model; and
    C.   Note that further amendments will be made to the SOW and incorporated in a
         subsequent LGIP to be prepared for the new Planning Scheme that reflects Council’s
         adopted Sport and Active Recreation Plan and Recreation Parks Plan.



2   OPW17/0024 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS -
    PRESCRIBED TIDAL WORKS - EXTENSIONS TO AN EXISTING JETTY AT 9 CARDELL
    ROAD, TEWANTIN
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 9 May 2017 regarding Application No. OPW17/0024 for a
    Development Permit for Operational Works for Prescribed Tidal Works - Extension to an
    Existing Jetty situated at 9 Cardell Road, Tewantin and approve the application in
    accordance with the following conditions:
         Approved Plans
    1.   Vessels associated with the marine use of the facility must only be moored within the
         approved lease area.
    2.   The structure identified as “Store” must only be used for the purpose of storage
         associated with the marine facility and must not be used for commercial purposes.
    3.   Development undertaken in accordance with this approval must generally 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
            A001        B       Site Plan large                                     17/02/2017
            A002        B       Site Plan                                           17/02/2017
            A003        B       Site Plan – Demo                                    17/02/2017
            A101        B       Set Out Plan                                        17/02/2017
            A201        B       Office Floor Plan and Elevations                    17/02/2017
            A202        B       Store Plans and Elevations                          17/02/2017
    4.   All structures associated with the development must be constructed wholly within the
         approved area.
    5.   Structures must be designed and constructed such that they are free standing within
         the waterway and are not connected to or behind the revetment wall or rock wall. Upon
         completion of works, a certification by RPEQ must be provided to Council in this regard.
    6.   All structures must have no detrimental effects on stormwater drains and/or
         easements.
    7.   The jetty and deck areas must be constructed in a manner to render the underside
         area vermin proof.


                                                                                   Page 6 of 10

Section 7

ORDINARY MEETING MINUTES                                                             18 MAY 2017


    8.    There must be no electrical reticulation system carrying electricity in excess of 24 volts
          beyond the revetment wall unless all switches and power outlets are positioned above
          the 1%AEP flood level.
    9.    Lighting associated with the use must be designed, installed, operated, and maintained
          in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
          Lighting.
    10.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
    11.   The mooring facility must not be utilised for live-aboard purposes.
    12.   Any construction and post construction activity is not to impact on the condition of the
          waterway, and is to be conducted so as not to breach the Environmental Protection Act
          EPA (1994) and the Environmental Protection (Water) Policy 2009.
    13.   Certification by a Registered Professional Engineer of Queensland that states that the
          works have been constructed in accordance with best practice methods and are
          structurally sound must be submitted to Council. This certification must be submitted
          to Council within three (3) months of the date of this approval. A final inspection and
          approval of the structure by Council’s Inspector is also required. Please contact
          Council’s Planning Assessment Section (Development Audit & Response Officer
          0428738563) to arrange the inspection.
    14.   After completion, the proposed works must be maintained in a sound state of repair in
          accordance with the approved plans.
    15.   All necessary State government approvals relating to this development must be
          obtained.




                                                                                      Page 7 of 10

Section 8

ORDINARY MEETING MINUTES                                                           18 MAY 2017


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
9 MAY 2017 – Crs. Frank Pardon (Chair), Jess Glasgow and Tony Wellington
Apology: Cr Frank Wilkie
Other Councillors in attendance: Crs. Ingrid Jackson and Brian Stockwell


The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.

Council Resolution
Moved:           Cr Glasgow
Seconded:        Cr Jackson
The Services & Organisation Committee recommendations dated 9 May 2017 be adopted.
                                                                                        Carried.



1    1617T061 SUNSHINE BEACH SKATEPARK RENEWAL TENDER
     That Council note the report by the Project Officer to the Services & Organisation Committee
     Meeting dated 9 May 2017 and award tender 1617T061 for Construction of Sunshine Beach
     Skatepark Renewal to Concrete Skateparks Pty Ltd for the lump sum price of $380,995
     (excluding GST).

2    EXPRESSIONS OF INTEREST FOR COMMERCIAL LEASE OF COUNCIL LAND AT 4
     JARRAH ST, COOROY
     That Council note the report by the Property Advisor to the Services & Organisation
     Committee Meeting dated 9 May 2017 and proceed to an Expression of Interest process
     for a commercial lease of Council land at 4 Jarrah St, Cooroy (Lot 2 RP176126), as
     detailed in the report.

3    CORPORATE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2016/17
     That Council note the report by the Director Corporate Services to the Services &
     Organisation Committee Meeting dated 9 May 2017 providing an update on operations of
     the Corporate Services Department for the period 1 January to 31 March 2017.


4    COMMUNITY SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2016-17
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee Meeting dated 9 May 2017 providing an update on operations of
     the Community Services Department for the period 1 January to 31 March 2017.


5    EXECUTIVE OFFICE UPDATE - 3RD QUARTER 2016-17
     That Council note the report by the Executive Manager to the Services & Organisation
     Committee Meeting dated 9 May 2017 providing an update on operations of the Executive
     Office for the period 1 January 2017 to 31 March 2017.



                                                                                   Page 8 of 10

Section 9

ORDINARY MEETING MINUTES                                                           18 MAY 2017


GENERAL COMMITTEE RECOMMENDATIONS
15 MAY 2017 – Crs. Ingrid Jackson (Chair), Jess Glasgow, Joe Jurisevic, Frank Pardon,
Brian Stockwell and Tony Wellington.
Apology: Cr Frank Wilkie

APPOINTMENT OF CHAIRPERSON
Moved:          Cr Wellington
Seconded:       Cr Pardon
That the Committee appoint Cr Jackson as the Acting Chairperson for the meeting.
                                                                                       Carried.


The following Recommendations from the General Committee were adopted without
discussion or further amendment.

Council Resolution
Moved:          Cr Jurisevic
Seconded:       Cr Pardon
The General Committee recommendations dated 15 May 2017 be adopted.
                                                                                       Carried.



1    1617T112 KINMOND CREEK ROAD - SANDY CREEK & EASTERN BRANCH CREEK
     CULVERT AND ROAD RECONSTRUCTION - TENDER RECOMMENDATION
     That Council note the report by the Project Coordinator to the General Committee Meeting
     dated 15 May 2017 and award tender 1617T112 Kinmond Creek Road – Sandy Creek &
     Eastern Branch Creek culvert and road capital reconstruction project to Carruthers
     Contracting Pty Ltd (Carruthers) for the lump sum price of $1,601,732.81 (excluding GST).


2    FINANCIAL PERFORMANCE REPORT - APRIL 2017
     That Council note the report by the Director Corporate Services to the General Committee
     Meeting dated 15 May 2017 providing the April YTD monthly financial performance report for
     the 2016/17 financial year.




                                                                                   Page 9 of 10

Section 10

ORDINARY MEETING MINUTES                                                         18 MAY 2017


7    ORDINARY MEETING REPORTS


     1      NOOSA BIOSPHERE           RESERVE       FOUNDATION       BOARD      –    COUNCIL
            REPRESENTATIVE
            Council Resolution
            Moved:          Cr Stockwell
            Seconded:       Cr Jurisevic
            That Council note the report by the Chief Executive Officer to the Ordinary Meeting
            dated 18 May 2017 and agree to appoint Cr Frank Wilkie as Council’s representative
            on the Noosa Biosphere Reserve Foundation Board in lieu of Mayor Tony Wellington.
                                                                                      Carried.



8    CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 15 June 2017 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 6.58pm.




                                                                                 Page 10 of 10

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