Ordinary Meeting - April 2023
Date: Thursday, 20 April 2023 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:24:26
Synopsis: Conservation policy and plan amendments to State review, Tourism Noosa funding aligned to Corporate Plan, Lions Park parking petition, Short-term accom. approval and appeal settlement, finance/procurement.
Meeting Attendees
Committee Members
Clare Stewart Karen Finzel Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
Director Community Services, Kerri Contini Director Corporate Services, Trent Grauf Acting Chief Executive Officer, Larry Sengstock AI-Generated Meeting Insight
Key Decisions & Discussions Brian Stockwell: Secured approval of revised Private Land Conservation Partnerships policy, with CEO authorised for minor edits and resourcing flagged for the 2023–24 budget (03:55; Minutes 8.1, 5.1). Council: Voted to join the Small Business Friendly Councils Program, delegating implementation to the CEO (Minutes 8.1, 5.2). Council: Approved minor change to medical/office use at 26 Eenie Creek Rd with amended/deleted conditions per Planning Act s63(5) (Minutes 8.1, 5.4). Council: Agreed to settle P&E Court Appeal BD2147/2022 (dual occupancy, Sunrise Beach) per proposed conditions (Minutes 8.1, 5.5). Council: Approved STA (short-term accommodation) at 515 Cooroy Noosa Rd, Tinbeerwah; carried with Cr Wegener against (08:02–09:28; Minutes 8.3, 5.1). Council: Authorised CEO to execute Tourism Noosa Funding & Performance Deed with wording refined to align TN plans with Council’s Corporate Plan and DMP if adopted; funds confirmed for FY24–25 (12:10–14:40; Minutes 8.3, 5.2). Council: Endorsed Parks & Playgrounds Asset Management Plan (Minutes 8.2, 5.1). Council: Approved lease of Unit 5 (75m²) at Peregian Digital Hub to Nabooki Pty Ltd for two years plus up to three 1‑year extensions (Minutes 8.2, 5.4). Council: Supported motion to ALGA NGA: no new ocean/estuarine sewer outfalls and funding to recycle all treated wastewater; Cr Lorentson to present (Minutes 8.2, 5.5). Council: Awarded CN00311 Golden Gully Rd culvert replacements to Sunshine Civil Solutions for $1,190,773 ex GST (Minutes 8.3, 6.1). Council: Adopted BR2 adjustments for 2022/23 and noted YTD financial performance with sustainability indicators (Minutes 8.3, 6.2–6.3). Council: Advanced Amendment 2A to Noosa Plan 2020 (Tourist Accommodation zone review) to State Interest Review, to be bundled with Amendment 2 for single public consultation (15:13–17:41; Minutes 8.3, 7.2). Contentious / Transparency Matters Amelia Lorentson: Tabled a 2,315‑signature petition seeking continuation of Lions Park paid parking beyond Easter 2024; referred to CEO (00:05–03:02; Minutes 4.1). Brian Stockwell: Queried petition process; Chair confirmed referral to CEO and unanimous support (02:52–03:02; Minutes 4.1). Tom Wegener: Opposed STA approval citing non‑compliance with Noosa Plan 2020; overruled by majority relying on officer advice of compliance (08:07–09:28; Minutes 8.3, 5.1). Public Q&A: Acting CEO detailed lawful process to rescind prior Lions Park parking resolution under LGA/Reg s262 notice rules (21:03–23:29; Minutes 11.1). Public Q&A: Triathlon use of Lions Park deemed consistent with reserve purpose; car parking inconsistent per State Operational Policy on trust land (23:29–24:03; Minutes 11.1). General: Centralised legal services trial handled in confidential committee, later advanced with budget and procurement steps for transparency at Ordinary (Minutes 8.2, 7.1; 8.3, 7.1). Legal / Risk Planning Act 2016: Multiple reports note s63(5) compliance for decision reasoning publication (Minutes 8.1, 5.4; 8.3, 5.1). Appeal posture: Settlement of Sunrise Beach dual occupancy appeal reduces litigation exposure while imposing tailored conditions (Minutes 8.1, 5.5). Land Act / State Policy: Parking at Lions Park conflicts with reserve purpose; ongoing triathlon usage is permissible, guiding future decisions and potential State concurrence needs (23:29–24:03; Minutes 11.1). Scheme amendments: Sending Amendments 2 and 2A together for State Interest Review mitigates procedural risk and consultation fragmentation (15:13–17:41; Minutes 8.3, 7.2). Procurement/governance: Legal services centralisation to run an “invitation to quote,” with Council to approve before entering agreements, and potential in‑house Legal Officer to standardise risk management (Minutes 8.3, 7.1). Funding deed: TN deed alignment with Corporate Plan/DMP conditions creates enforceable policy coherence and reduces dispute risk (12:10–14:40; Minutes 8.3, 5.2). Conflicts of Interest Brian Stockwell: Prescribed conflict on delegated applications due to private dealings with Suncoast Building Approvals; left room (05:47–06:29; Minutes 8.1, 6.1). Clare Stewart: Declarable conflict on Tourism Noosa due to friendship with Director; left room (09:28–10:25; Minutes 8.3, 5.2). Karen Finzel: Declarable conflict due to prior campaign connection with TN Director; left room; Brian Stockwell declared historical ICEO matter but permitted to participate by unanimous vote excluding him (10:25–12:10; Minutes 8.3, 5.2). Short-Term Accommodation and Planning Scheme Frank Wilkie: Affirmed STA approval aligns with 2020 scheme and professional advice, despite housing strategy intent to review STA settings carrying no current weight (09:09–09:28; Minutes 8.3, 5.1). Council: Progressed Tourist Accommodation zone review (Amendment 2A) to be publicly notified post‑State review with Amendment 2 as one package (15:13–17:41; Minutes 8.3, 7.2). Noosa Heads Lions Park Parking Amelia Lorentson: Petition argues economic and charitable impacts if parking ceases beyond Christmas/Easter 2024; cited 15,500 cars/year and volunteer hours (00:05–03:02; Minutes 4.1). Larry Sengstock: Clarified rescission requirements and State inconsistency of parking use; triathlon use continues as consistent with recreation reserve (21:03–24:03; Minutes 11.1). Tourism Noosa Funding Agreement Brian Stockwell: Moved refined deed ensuring TN strategies align with Corporate Plan and, if adopted, the DMP; TN and Council’s solicitor agreed on wording (12:10–13:04; Minutes 8.3, 5.2). Joe Jurisevic: Noted TN’s “Trees for Tourism” among supported initiatives, justifying funding continuity (14:17–14:40; Minutes 8.3, 5.2). Infrastructure, Waste, and Finance Council: Endorsed MOU with Gympie Regional Council for cooperative waste management (Minutes 8.2, 5.2). Council: Confirmed flood reconstruction contract award for Golden Gully Rd culverts; CEO to finalise terms (Minutes 8.3, 6.1). Council: Noted BR2 and YTD performance with sustainability indicators, reinforcing fiscal oversight (Minutes 8.3, 6.2–6.3). Environmental Initiatives and Governance Council: Backed ALGA motion targeting zero new ocean/estuarine sewer outfalls and full wastewater recycling, elevating local leadership on marine protection (Minutes 8.2, 5.5). Council: Appointed Amelia Lorentson Chair of Services & Organisation Committee, completing rotation and leadership development (18:13–20:42; Minutes 9.1). Council: Advanced centralised legal services model for consistent advice and cost control via in‑house coordination and panel procurement (Minutes 8.3, 7.1).
Official Meeting Minutes
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
Meeting Transcript
Amelia Lorentson 00:05.980
Good evening everyone. Welcome. I declare the meeting open. I would like to acknowledge that we are meeting on the traditional lands of the Kabi Kabi people and I pay my respects to Elders past, present and emerging. I know that all councils are in attendance and we have a number of guests in the gallery tonight and I welcome all of you this evening as well. Can I please have a confirmation of minutes for the ordinary meeting on 16th March. Thank you all in favour, carried unanimously, thank you. Item 3, 9 Mayoral minutes. Item four, Councillor Lorentson to deliver this petition. Item 4, Councillor Lorentson no-Mayoral minutes. I do. I'd like to present this petition that has in excess of 2,315 signatures and I believe there's also an ink petition which is coming to Council next month. The petition today is to lobby the Noosa Shire Council to reverse their decision to end all paid parking in a section of Lions in Hastings Street after Easter in 2024. Lions Club, Tewantin, Noosa have been upgrading the car parking in Easter and Christmas holiday times for the last 20 years. For the 12 months to Christmas, New Year in 2023, in excess of 15,500 cars were parked, demonstrating that opening of the park to the public is vital. Abolishing lines to park, parking will severely impact trade and jobs in the Hastings Street and surrounding area, and all results result in more cars driving around trying to find parking. Tewantin Noosa Lions manage parking and contribute over 1,600 volunteer hours over the Easter /Christmas opening and receive 50% of the parking fees. In 2022, $60,000 was raised for lines and in 2023, revenue is expected to be $80,000. Lions support many local support many local charities and Lions programs, including: Ladder Scans for Noosa Care, Noosa Beach Entry Maps for the Disabled, Lions Childhood Cancer Fund, Classy Ladies Christmas Appeal, Katie Rose Hospice, SES Service. Rose Hospice, SES Services, Salvation Army, Homeless Appeal and many, many more. Support for local charities will be greatly reduced if car parking is abolished. The Tewantin Lions Club urge council to allow continued parking in the Christmas, Easter, June, September school holidays, long weekends and public holidays. This petition seeks to be presented to the whole of council. Brian Stockwell 02:52.040
Just a query. Normally the petition is presented to the CEO for action. I didn't hear that in the resolution. Amelia Lorentson 03:02.420
Can I add, I'd like to present the petition to the CEO and request a response. Sure, thank you. And I'll second that and we'll go to the vote again. All in favour? That is carried unanimously. Thank you. Petition? Thank you, Councillor Lorentson. We have no notified motions. There are no presentations. There are no deputations. We are now up to page three of the agenda, item eight, which is the consideration of committee reports. First, we have the planning and environment committee recommendation. 5.1, revised policy guidelines, private land conservation partnerships. Council has received an updated recommendation by staff since the P &E meeting, so would anyone like to move this revised staff recommendation, and would you like to read it out? Thank you, Councillor Stockwell. Brian Stockwell 03:55.095
I'll just wait for it to come up on the screen. So, the motion I'd like to move is that Noosa Council note the report by the Conservation Partnership Officer to the Planning Environment Committee meeting dated 11 April 2023, and approved the amendments as outlined in the attached update private land conservation partnerships policy guideline, delegate to the CDA to make minor administrative changes to the policy guideline prior to publishing it on the website, and request staff to on the website and request staff to address program resourcing as part of the 2023-2024 budget process. Amelia Lorentson 04:40.184
Can we have a second with Councillor Wegener? So just to explain, councillors, it's just basically to, the change is largely around giving the CEO the opportunity to make any minor administrative changes. Can any of us have a speak to this? Thank you. I'll put you, my job's closed, Councillor Stockwell, put you to vote. All in favour? Carried unanimously. Thank you. Item 5.2, small business friendly program. Item 5.3 was referred to the general committee. Item 5.4, MCU 22/0038.01, minor change to development. Permanent commercial business type 1, office and commercial business type 2 medical at 26 Eenie Creek Road, Noosaville. Item 5.5, planning and environment court appeal number BD2147 of 2022, application for dual occupancy at 6 Margit Crescent, Sunrise Beach. summarise the speech, item 6.1, planning application to sow by delegated authority, Councillor Stockwell. Item 6.1. Brian Stockwell 05:47.772
I wish to be clear that I have a prescribed conflict in this matter as follows. At same time as building approvals are identified as the applicant in number 21 of the development application MCU 2022-019. I contacted 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 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 rooms while the matter is continuing. Amelia Lorentson 06:29.960
All those in favour? Carried unanimously. Thank you very much. Thank you. Thank you, Councillor Stockwell. I'll move the planning requirements. Any recommendations? All in favour? Carried unanimously. Thank you. We're now up to item 8.2, services and organisation committee recommendation. Item 1, parks and playgrounds asset.1: Parks and Playgrounds Asset Management Plan. 5.2: Noosa – Gympie Waste Management Memorandum of Understanding. 5.3: It was referred to General. Item 5.4: Proposed Lease Tenancy for Peregian Digital Hub. Item 5.5: Motion to ALGA National General Assembly 2023. Item 7.1 was referred to General. I move. Seconded by Councillor Lorentson, you. We are now up to item 8.3 of the General Committee meetings. Recommendations, these are on page 7 of our agenda. 5.1, application of material change of use for short-term accommodation at 515 Cooroy, Noosa Road, Tinbeerwah, councillor. Yes, I'd like to pull this one out for a vote. Okay, thank you. We'll pull that one out. Brian Stockwell 07:56.695
Would anyone like to- We are now up to item 8. I'm happy to move that. Amelia Lorentson 08:02.172
Councillor Stockwell, would you like to speak to this? Brian Stockwell 08:07.112
But just to reaffirm that this is consistent with the relevant codes under the scheme. It is in an area that does allow for such uses without the impact on without the impact on the amenities of others and it is aligned with the purpose of that zone as we saw it when the planning scheme was introduced in 2020 and while we have indicated in the housing strategy that an intent to review the planning scheme in regard to Holt House should say accommodation we can't place any weight on that particular intent until at least it has been advertised to the public I've read the the planning scheme over and over all the the relevant portions and I still feel as though this doesn't I still feel as though this does not comply with the Noosa Town Plan 2020. Amelia Lorentson 09:04.289
Thank you, Councillor. Would anyone else like to speak to this? Would you like to first? Frank Wilkie 09:09.489
Oh, look, um, we can say that I think it complies. think it complies with the planning scheme. The professional planning staff have said it does comply with the planning scheme. It's the planning scheme that Council would have actually voted for to approve back in 2020. And it's entirely consistent with that. Just for the record. Amelia Lorentson 09:28.494
We'll put it to a vote. All in favour? Councillor Finzel, John Croydon, Jurisevic, Lorentson, Wilkie Stewart. Against? Councillor Wegener. Thank you, Linda. Item 5.2. Tourism Noosa funding agreement referred from S &O on the 11th of April. I, Councillor Stewart, inform the meeting that I declare a conflict of interest in this matter as Leigh McCready, Director of Tourism Noosa, is a friend. friend. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on, and Councillor Wilkie will take over the chair. Thanks, Councillor Wilkie. I, Councillor 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. Brian Stockwell 10:25.040
I wish to inform the meeting that I have a declarable conflict of interest in this matter as on the 24th of February 2020 I saw the review of the independent council election observer as to the public claims of the Future Noosa of which Liam McCready was publicly identified as a campaign manager. Liam 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 ICO review was an advisory service not a statutory process and my queries at the 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 I have an opportunity that Councillor Stockwell Rock stays in the room. Amelia Lorentson 11:09.606
Stockwell stays in the room and determined that it is in the public interest that he stays and participates and votes on this matter because council believes that a reasonable person could not have a perception of bias because the ICO review was an advisory service not a statutory process and Councillor Stockwell's queries at the time were in the public interest. and either he or Ms McCready. personally will lose from that advice and therefore a reasonable person would trust that the final decision is in the public interest. Frank Wilkie 11:45.626
Anybody wish to speak to this motion? Joe Jurisevic 11:47.746
Only to allude that this is consistent with the way that we have dealt with this matter in past references to some more items. Frank Wilkie 11:56.606
Thank you very much. I'll put it to the vote. All in favour? That's unanimous. Councillor Stockwell, do not vote on that motion. All right, councillors, we have a new motion before us. Brian Stockwell 12:10.148
So, councillors, I'll move the motion and I'll read out the slight wording change that staff advised both our solicitor and TN are comfortable with. executive officer to make changes to the funding performance deed prior to executing the deed as required, including TN will ensure that its strategic plan, marketing plan and event strategy are consistent with key aspirations and position of council articulated in the corporate plan 2023-2028, relevant council strategies and plans and the DM... and that is indeed that authorised chief... DMP in the event the DMP is adopted by council with the term of this agreement. Frank Wilkie 12:52.718
Second to that please. Second to council's reciting. Councillor Stockwell, you're up to speak to the motion. Brian Stockwell 12:58.878
Just briefly, this is well discussed at Monday's meeting and this is just refinement of the words. Frank Wilkie 13:04.698
Thank you very much, Councillor Stockwell. Tom Wegener 13:10.963
So these are not the same words though that we that we voted on at that general meeting is that are they? Brian Stockwell 13:19.423
So if you look above that they start with the words that at the end of the sentence before yeah and they they referred to the corporate They referred to the corporate plan in Council's revision, and they just add a little bit more, including the DMP in there. I was just thinking you'd give me a moment to read it. On Monday, the thing was completion and adoption. Completion and adoption of the DMP, prior to to take it, and this document just says it to you. It goes to the life of the agreement. Amelia Lorentson 13:50.827
Can I ask a question to the CEO? On Monday, I requested that both Tim and our legals are consulted. and approve the amendment. Was that done? Larry Sengstock 14:03.506
Through you Mr Chair, yes they were, and that's the reason for the slight change in the words "Councillor Wegener". essentially the same, but it's just got the legal overlaying to it. Joe Jurisevic 14:17.664
I'd only like to reiterate one of the points that I raised on Monday with regard to the programs that Tourism Noosa undertake and I neglect. And I neglected to mention one of them, which was the Trees for Tourism project that they have undertaken in the last few years as one of the other strategies and projects that they have adopted and that I strongly support. Frank Wilkie 14:40.821
Councillor Jurisevic. Any other councillors to speak to the motion? Councillor Stockwell wishes to close to the vote. All in favour? That's unanimous. Amelia Lorentson 15:13.520
We are now on page 8 of the agenda. 6.1, contract number CN00311, flood reconstruction, Golden Gully Road culvert replacements. 6.2, budget review 2, BR2 for the 2022-23 financial year. 6.3, financial performance report April 23.7.1, confidential not for public release, centralised legal services trial. 7.2, tourist accommodation zone review proposed amendment 2a to Noosa Plan 2020. I'll do it. There's a change here. Okay so there's a slight change. there's a slight change with a few additional administrative words to the motion that was passed on Monday and that's in item B and I'll read that out. Submit proposed amendments 2a to Noosa Plan 2020 of 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... development, infrastructure, local government and planning to consider the amendments as part of proposed amendment 2 endorsed by Council on the 31st of January 2023, currently under review by the State, forming a single comprehensive amendment package and then in D, note that following State interest review, a report will be submitted to Council on the proposed amendments 2 and 2a to Noosa Plan which will form a single comprehensive amendment package for endorsement for the purpose I'll second that. Thank you. We have this meeting here, Principal Strategic Planner, if anyone would like an update on this item or if there's any questions. Joe Jurisevic 16:58.090
I'll just explain. Brian Stockwell 17:00.070
The additional words are just to be very precise What we've got to send a clear message of our intent to the State. It's not changing the way we were anticipating this proceeding. Frank Wilkie 17:13.733
You had a question around the element of forming a single comprehensive amendment package to the CEO or to our planner. The purpose behind that is to, I'm assuming, have... Whilst we've got two bodies of work going to the State, that comes back as one body for public consultation, is that correct? Yes. Thank you. Amelia Lorentson 17:41.371
Else have to talk to this? Okay, we'll put it to a vote, which has to close. All in favour? Carried unanimously. Thank you, Anita, for coming out and for sharing. Frank Wilkie 17:49.611
I move to general meeting. Thank you, councillor. Resolutions? Amelia Lorentson 17:51.871
And I'll stop you guys. Thank you to Linda. We have one report direct to ordinary. Thank you. Oh, sorry, you didn't vote on that one. Oh, sorry. All in favour? Unanimous. Thank you. We have one report direct to ordinary, and that is 9.1, change to services and organisation committee chair. Our acting CEO, Larry Sengstock, could you give us a brief overview of this report, please? Larry Sengstock 18:13.490
So let me just get back up on this computer this takes a little things like me okay um just already executive summary that's okay at the ordinary meeting of dated 30th of April 2020 council Joe Jurisevic was appointed as chairperson for the services and organisation known as the S &O committee rotation of chairpersons was recommended to councillors to allow them the opportunity to experience the role of chairperson this report seeks to appoint a new chair for the S &O committee meetings so at this juncture we'd like to call for nominations for that role. Joe Jurisevic 19:04.196
To believe that Councillor Lorentson would be the new appointed chair of the S &O committee. Amelia Lorentson 19:08.496
I'll speak to that. Joe Jurisevic 19:10.316
I will speak to that. We did review this halfway through the term and at that point in time we did adopt a new chair time we did adopt a new chair of the planning committee. Councillor Lorentson at that time decided she wasn't quite at a point where she was ready to take on the, you know, I believe it's permit that the councillor gets that opportunity and I think now is the ideal opportunity for her to take that on so that all of the councils have an opportunity to chair one of the associations. Amelia Lorentson 19:43.781
I'd like to say thank you and I'm committed and very able so I look forward to chairing the service as an organisation. It's a great appointment. Thank you, Councillor Jurisevic, for putting it forward. Councillor Lorentson will do a remarkable job and I have full faith in her role as the new chair for our SNO. So congratulations, Councillor Lorentson. Brian Stockwell 20:04.933
I think it's also appropriate that we thank Councillor Jurisevic. I also want to disband any rumours that the timing of this has got anything to do with the moving to a digital agenda system I'm not an old dinosaur. Joe Jurisevic 20:26.245
I keep up with technology. Thank you very much, Councillor Stockwell. Well, I think it's... I think it's prudent, I think it's time, and as I said, I think the opportunity needs to be given to all councillors to adopt, and likewise, I think Councillor Lorentson will make an excellent chair on this idea. Amelia Lorentson 20:42.161
Thank you. We'll put it to a vote. All in favour? Carried unanimously. Thank you. There are no confidential items, and we have one submission to public question time from Mr Ian Glew, but this is from the Tewantin Noosa Lions Club. But Mr Blue is not in attendance, so our Acting CEO, Larry Sengstock, will now read the questions and responses. Thank you, Larry. Okay. Larry Sengstock 21:03.514
Thank you. So yeah, I believe Ian's not in the room, is he? Right. So I'll read the question and the response, if that's okay. At the recent meeting of the 13th of March 2023, a report was submitted asking for car parking to be approved at Noosa Heads Lions Park through to May 2023, May 2024. A motion was raised and approval only given for Christmas, New Year 24 and Easter 24. Tewantin Noosa Lions Club are on receipt of in excess of 1200 signatures and more on a petition and 148 likes on the long weekends and public holidays. Community notice board supporting continuation of parking over all school holidays. I do support the comments made at the meeting, this is from Mr Glew, at the meeting 13th of the 3rd 2023 that some consultation should have been sought rather than just raising a motion. I'm asking what is the process to have this motion reversed? So my response to that is in our standing orders, which are the standing orders for this for this orders for this for this meeting. Item 34 repealing of 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 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 refer consideration of that motion. Such deferral shall longer than three months. And in the Local Government Regulation 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 five days before the meeting at which the proposal is to be before the meeting at which the proposal is to be made. Hopefully that answers that question for now. 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 is going to to continue if the park is to be reverted to green space? I would find a little contrary if the tri was allowed to continue in the park and ceasing car parking. Joe Jurisevic 23:29.843
Contradictory, may I correct you there? Sorry, Mr Seaman? Contradictory, may I correct you there? Sorry, yes, I'm reading verbatim. That's all right. Thank you. The response there is use of the 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 car parking purposes is a use inconsistent with the reserve purpose in accordance with the State policy, operational policy, secondary use of trust land under the Land Act. land act. That's the official response. Amelia Lorentson 24:03.336
Thank you very much. Thank you. We have no, the next meeting is, the next ordinary meeting will be held on the 18th of May 2023. We've got no further items on the agenda and I declare the meeting closed at 5:24pm. Related Noosa Council Meetings
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