MINUTES

Ordinary Meeting

Thursday, 20 April 2023

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”
ORDINARY MEETING MINUTES 20 APRIL 2023

1. ATTENDANCE & APOLOGIES

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

EXECUTIVE
Director Community Services, Kerri Contini
Acting Director Corporate Services, Trent Grauf
Acting Chief Executive Officer, Larry Sengstock

APOLOGIES
Nil

2. CONFIRMATION OF MINUTES

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 16 March 2023 be received and confirmed.
Carried Unanimously.
3. MAYORAL MINUTES

Nil

4. PETITIONS

4.1. PETITION: NOOSA HEADS LIONS PARK - CAR PARKING

1 PETITION: NOOSA HEADS LIONS PARK - CAR PARKING

Refer to Attachment 1 to the Minutes
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That the petition with 2315 signatories submitted by Tewantin Noosa Lions Club , requests Council allow the continuation of paid parking in a section of the Noosa Heads
ORDINARY MEETING MINUTES 20 APRIL 2023

Lions Park after Easter 2024. Lions Club Tewantin Noosa have been operating the car parking at Easter & Christmas holiday times for the last 20 years and the petition be received and referred to the Chief Executive Officer to determine appropriate action.
Carried Unanimously.

5. NOTIFIED MOTIONS

Nil

6. PRESENTATIONS

Nil

7. DEPUTATIONS

Nil

8. CONSIDERATION OF COMMITTEE REPORTS

8.1. PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
Cr Brian Stockwell

NON COMMITTEE MEMBERS
Cr Amelia Lorentson
Cr Frank Wilkie

EXECUTIVE
Scott Waters, Chief Executive Officer
Kim Rawlings, Director Environment & Sustainable Development Larry Sengstock, Director Infrastructure Services

APOLOGIES
Cr Clare Stewart

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION
PARTNERSHIPS

Council Resolution
Moved: Cr Brian Stockwell
ORDINARY MEETING MINUTES 20 APRIL 2023

Seconded: Cr Tom Wegener
That Noosa Council (Council) note the report by the Conservation Partnerships Officer to the Planning & Environment Committee Meeting dated 11 April 2023 and; A. Approve the amendments as outlined in the attached updated Private Land Conservation Partnerships Policy Guideline.
B. Delegate to the CEO to make minor administrative changes to the Policy Guideline prior to publishing it on the website.
C. Request staff to address program resourcing as part of the 2023-24 budget process.
Carried Unanimously.

5.2. SMALL BUSINESS FRIENDLY PROGRAM

That Council note the report by the Project Officer Economic Development to the Planning & Environment Committee Meeting dated 11 April 2023 regarding the Small Business Friendly Councils Program and:
A. Approve Council to join the "Small Business Friendly Councils Program" and B. Delegate authority to the Chief Executive Officer to deal with any matters arising from the implementation of the Charter.

5.3. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD,
TINBEERWAH

That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue.

5.4. MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT
(COMMERCIAL BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS
TYPE 2 - MEDICAL) AT 28 EENIE CREEK ROAD, NOOSAVILLE

That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 11 April 2023 regarding Application No.
MCU22/0038.01 to make a minor change to an existing approval for Material Change of Use – Commercial Business Type 1 - Office and Commercial Business Type 2 Medical situated at 26 Eenie Creek Road, Noosaville and:
A. Approve the change.
B. Amend conditions 2, 4, 43 and 52 as outlined in Attachment 1 C. Delete conditions 40, 46, 47, 48 and 49.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 –
APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE
BEACH
ORDINARY MEETING MINUTES 20 APRIL 2023

That Council note the report by the Acting Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 April 2023 regarding Planning & Environment Court Appeal No. BD2147 of 2022 and agree to settle the appeal generally in accordance with the proposed conditions outlined in Attachment 1.

6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY –
FEBRUARY 2023

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building Approvals are identified as the applicant in number 21 for Development Application MCU22-0190 - I contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated with the completion of the certification and inspection regime is $5,904 which includes Noosa Council Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.

Cr Stockwell left the meeting room.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 11 April 2023 regarding planning applications that have been decided by delegated authority.
Carried Unanimously.

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
That the report of the Planning & Environment Committee dated 11 April 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
ORDINARY MEETING MINUTES 20 APRIL 2023

8.2. SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 APRIL 2023

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart (via Microsoft Teams)
Cr Frank Wilkie

EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
A Hamblin, Acting Director Community Services

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. PARKS AND PLAYGROUNDS ASSET MANAGEMENT PLAN
That Council note the report by the Civil and Asset Operations Manager to the Services Committee Meeting dated 11 April 2023 and approve the Parks and Playgrounds Asset Management Plan as a document that specifies the activities, resources and asset classes to achieve Noosa Council’s asset management objectives.

5.2. NOOSA – GYMPIE WASTE MANAGEMENT MEMORANDUM OF
UNDERSTANDING

That Council note the report by the Manager Waste and Environmental Health to the Services & Organisation Committee Meeting dated 11 April 2023 and authorise the CEO to progress and sign a Memorandum of Understanding (MOU) with Gympie Regional Council and subsequently work on mutually beneficial activities particularly, but not limited to, Waste Management.

5.3. TOURISM NOOSA FUNDING AGREEMENT

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa is a personal friend. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.

That Services & Organisation Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue.
ORDINARY MEETING MINUTES 20 APRIL 2023

5.4. PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB

That Council note the report by the Digital Hub Director to the Services & Organisation Committee Meeting dated 11 April 2023 regarding the commercial lease of office space at the Peregian Digital Hub and:
A. Agree to enter a commercial lease of the Unit 5 premises of 75m2 to Nabooki Pty Ltd. for a two year term, as generally outlined in the report; B. Authorise the CEO to award up to three subsequent lease extensions each of 1 year, subject to the lessee complying with the terms of the lease.

5.5. MOTION TO ALGA NATIONAL GENERAL ASSEMBLY 2023

That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 April 2023 regarding a motion to the Australian Local Government Association National General Assembly 2023 and:
A. Approve the following motion that has been submitted to the Australian Local Government Association:
"This National General Assembly calls on the Australian Government to formulate a National Policy on Ocean Sewerage Outfalls that aims at NO new ocean and estuarine sewerage outfalls to be built/developed along the Australian coastline, and that dedicated funding is provided to support local regional governments and wastewater providers with existing ocean and estuarine outfalls, to develop new methods/technologies and make every effort to recycle 100% of all treated wastewater generated within their localities, and avoid the need to discharge in the ocean." B. Approve Cr Amelia Lorentson to present this motion at the National General Assembly noting Councillor Lorentson has formed this motion.

7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - CENTRALISED LEGAL
SERVICES TRIAL

That Services & Organisation Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That the report of the Services and Organisation Committee dated 11 April 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
ORDINARY MEETING MINUTES 20 APRIL 2023

8.3. GENERAL COMMITTEE MEETING REPORT 17 APRIL 2023

ATTENDANCE & APOLOGIES

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

EXECUTIVE
Larry Sengstock, Acting CEO & Director Infrastructure Services Trent Grauf, Acting Director Corporate Services Kim Rawlings, Director Environment &Sustainable Development

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD,
TINBEERWAH
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 April 2023 regarding Application No.
MCU22/0209 for a Development Permit for Material Change of Use – Short Term Accommodation situated at 515 Cooroy Noosa Road, Tinbeerwah and:
A. Approve the application in accordance with the conditions listed in Attachment 1.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Crs Brian Stockwell, Cr Stewart, Cr Wilkie, Cr Jurisevic, Cr For:
Lorentson, & Cr Finzel
Against: Cr Tom Wegener
Carried.
ORDINARY MEETING MINUTES 20 APRIL 2023

5.2. TOURISM NOOSA FUNDING AGREEMENT (REFERRED FROM S&O 11
APRIL 2023)

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa is a personal friend. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.

Cr Stewart left the meeting.
Cr Wilkie assumed the Chair

In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa, was involved with my 2020 election campaign with Future Noosa, which is no longer an entity. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.

Cr Finzel left the meeting room.

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa.
Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEO review was an advisory service, not a statutory process, and my queries at that time were in the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously

Cr Stockwell did not vote on this above motion.

Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
ORDINARY MEETING MINUTES 20 APRIL 2023

That Council note the report by the Chief Executive Officer to the Services and Organisation Committee Meeting dated 11 April 2023 regarding the Tourism Noosa Funding and Performance Deed and A. Authorise the Chief Executive Officer to execute the Funding and Performance Deed provided at Attachment 1 to the Report; B. Authorise the Chief Executive Officer to make changes to the Funding and Performance Deed prior to executing the Deed as required; including i. TN will ensure that its Strategic Plan, Marketing Plan and Events Strategy are consistent with key aspirations and positions of Council articulated in the Corporate Plan 2023 – 2028, relevant Council Strategies and Plans and the DMP, in the event the DMP is adopted by Council within the term of this agreement.
C. Confirm the release of funds as per the report for the 2024 and 2025 Financial Years.
Carried Unanimously.

Cr Stewart & Cr Finzel returned to the Meeting
Cr Steward resumed the Chair.

6.1. CONTRACT NO. CN00311 - FLOOD RECONSTRUCTION - GOLDEN
GULLY ROAD - CULVERT REPLACEMENTS

That Council note the report by the Disaster Reconstruction Coordinator to the General Committee Meeting dated 17 April 2023, and:
A. Award Contract No. CN00311 for Golden Gully Road Culvert Replacements to Sunshine Civil Solutions Pty Ltd for a lump sum price of $1,190,773 (excluding GST); B. Authorise the CEO to negotiate the final contract with Sunshine Civil Solutions Pty Ltd.

6.2. BUDGET REVIEW 2 (BR2) FOR THE 2022/23 FINANCIAL YEAR

That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 17 April 2023 and approve the proposed changes to the budget for the 2022/23 financial year as outlined in the revised Budget Financial Statements attached to the report.

6.3. FINANCIAL PERFORMANCE REPORT – APRIL 2023

That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 17 April 2023 outlining March 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.

7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - CENTRALISED LEGAL
SERVICES TRIAL (REFERRED FROM S&O 11 APRIL 23)
ORDINARY MEETING MINUTES 20 APRIL 2023

That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 April 2023 regarding HWL Ebsworth Lawyers legal insourcing trial and:
A. Refer for budget consideration a Legal Officer Role within Governance to centralise all legal matters for the Council; B. To inform the budget process, undertake an "invitation to quote" process to procure a suitable legal firm that can provide a broad scope of legal advice and take legal action on behalf of the Council; C. A further report be provided to the Council in relation to the feasibility of a Legal Officer and outcomes of the invitation to quote process, seeking approval from the Council to proceed prior to entering into any agreement.

7.2. TOURIST ACCOMMODATION ZONE REVIEW -PROPOSED AMENDMENT
2A TO NOOSA PLAN 2020

Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie

That Council note the confidential report by the Principal Strategic Planner to the General Committee Meeting dated 17 April 2023 regarding the Tourist Accommodation zone review and:
A. Propose to amend Noosa Plan 2020 in accordance with this report and Attachments, in accordance with Part 3 Division 2 of the Planning Act 2016; B. Submit proposed Amendments 2A to Noosa Plan 2020 to the Chief Executive, State Development, Infrastructure, Local Government and Planning for the purpose of State Interest Review and request the Chief Executive of State Development, Infrastructure, Local Government and Planning to consider the amendments as part of proposed Amendment 2 endorsed by Council on 31 January 2023 currently under review by the state, forming a single comprehensive amendment package; C. Authorise the CEO to make any further minor administrative changes necessary to proposed Amendment 2A to Noosa Plan 2020 for the purpose of State Interest Review; D. Note that following State Interest Review a report will be submitted to Council on proposed Amendments 2 and 2A to Noosa Plan 2020 which will form a single comprehensive amendment package, for endorsement for the purpose of community consultation and public notification.
Carried Unanimously.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Clare Stewart
That the report of the General Committee Meeting dated 17 April 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
ORDINARY MEETING MINUTES 20 APRIL 2023

9. ORDINARY MEETING REPORTS

9.1. CHANGE TO SERVICES & ORGANISATION COMMITTEE CHAIR

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Acting Chief Executive Officer to the Ordinary Meeting dated 20 April 2023 and appoint Cr Amelia Lorentson as the Chairperson for the Services and Organisation Committee.
Carried Unanimously

10. CONFIDENTIAL SESSION

Nil

11. PUBLIC QUESTION TIME

11.1. IAN GLEW - TEWANTIN NOOSA LIONS CLUB

QUESTION 1
At the recent meeting 13/3/2023 a report was submitted asking for Car Parking to be approved at Noosa Heads Lions Park through to May 2023 - a motion was raised and approval only given for Christmas - New Year 2024 and Easter 2024. Tewantin Noosa Lions club are in receipt of in excess of 1200 signatures on a partition and 148 likes on the Long weekends and Public holidays. Community notice board supporting the continuation of parking over all school holidays. I do support the comments made at the meeting 13/3/2023 that some consultation should have been sought rather than just raising a motion. I am asking what is the process to have this Motion reversed.

Response by Larry Sengstock, Acting CEO & Director of Infrastructure Services.
Standing Orders
34. - Repealing or Rescinding Resolutions
34.1 - A resolution of Council may not be amended or repealed unless notice of motion is given in accordance with the requirements of the Local Government Act 2009 or the Local Government Regulation 2012.
34.2 Councillors present at the meeting at which a motion to repeal or amend a resolution is put, may defer consideration of that motion. Such deferral shall not be longer than three (3) months.
ORDINARY MEETING MINUTES 20 APRIL 2023

Local Government Regulations
Section 262 Repeal or amendment of resolutions
A resolution of a local government may be repealed or amended only if notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made.

QUESTION 2
With the Car parking at Noosa Heads wound back to Christmas - New year and Easter and the whole question of car parking being reviewed with the possibility of this park not being used at all for car parking. My question is The Annual Triathlon held in the park going to be allowed to continue, if the park is to be reverted to Greenspace I would find it a little contradictory if the Tri was allowed to continue in the park and ceasing Car Parking.

Response by Larry Sengstock, Acting CEO & Director of Infrastructure Services.
Use of the Lions Park by the Noosa Tri event is not viewed as contradictory to the reserve purpose and will be allowed to continue. The State has previously advised utilisation of a reserve for recreation for carpark purposes is a use inconsistent with the reserve purpose in accordance with State Policy – Operational Policy Secondary use of trust land under the Land Act.

12. NEXT MEETING

The next Ordinary Council meeting will be held on 18 May 2023 at Council Chambers, 9 Pelican St, Tewantin at 5pm.

13. MEETING CLOSURE

The Meeting closed at 5.24pm