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Item 8.3.2023-04-20 · OrdinaryOfficial item record

General Committee Meeting Report 17 April 2023

Final resolution: Carried

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. Full wording ↓

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What was decided?

Final supported resolution

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.

Official item minutes · Event 5

1Council ResolutionCarried

Moved: Brian Stockwell · Seconded: 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.

Carried.

For 6 named

Brian StockwellKaren FinzelClare StewartFrank WilkieJoe JurisevicAmelia Lorentson

Against 1 named

Tom Wegener

Official minutes · section 18

2Council ResolutionCarried

Moved: Amelia Lorentson · Seconded: 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

Official minutes · section 37

3Council ResolutionCarried

Moved: Brian Stockwell · Seconded: Joe Jurisevic

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.

Official minutes · section 43

4Council ResolutionCarried

Moved: Brian Stockwell · Seconded: 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. 

Official minutes · section 68

5Council ResolutionCarried

Moved: Frank Wilkie · Seconded: 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.

Official minutes · section 77

Read complete item-specific minutes
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:  
  1. Approve the application in accordance with the conditions listed in Attachment 1.
  2. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


For:Crs Brian Stockwell, Cr Stewart, Cr Wilkie, Cr Jurisevic, Cr Lorentson, & Cr Finzel


Against:Cr Tom Wegener
Carried.









        
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

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
  1. Authorise the Chief Executive Officer to execute the Funding and Performance Deed provided at Attachment 1 to the Report; 
  2. Authorise the Chief Executive Officer to make changes to the Funding and Performance Deed prior to executing the Deed as required; including
    1. 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.         
  3. 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:
  1. 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); 
  2. 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)

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:  
  1. Refer for budget consideration a Legal Officer Role within Governance to centralise all legal matters for the Council; 
  2. 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; 
  3. 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:  
  1. 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;
  2. 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; 
  3. 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; 
  4. 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.





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