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General Committee Meeting

Monday, 17 April 2023 @ 12:30PM - #150
Meeting Duration: 3 hours and 46 minutes

This Noosa Council meeting contains very poor audio quality.
This may have affected the transcription below and is beyond our control.

Short-term accommodation approved with conditions, Tourist Accommodation Zone Review advanced to State review, Tourism Noosa deed strengthened with reporting and alignment, Budget surplus improved.

Speaker timeline12 speakers

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0:000:371:151:532:303:083:46 Frank Wilkie (Chair)Frank Wilkie (Chair)Amelia LorentsonAmelia LorentsonJoe JurisevicJoe JurisevicBrian StockwellBrian StockwellTom WegenerTom WegenerPaulinePaulineKim RawlingsKim RawlingsTrent GraufTrent GraufPatrick MurphyPatrick MurphyJulieJulieKaren FinzelKaren FinzelClare StewartClare Stewart

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Frank Wilkie: Closed meeting for commercial/legal items under s254J(3)(j) and (g), later re-opened; rationale tied to proposed contract and State Interest Review matters (00:28; Minutes 7 Closed Session).
• Amelia Lorentson: Centralised Legal Services Trial advanced: budget consideration for an in-house Legal Officer; invite-to-quote for a panel firm; further report before agreement (01:39; Minutes 7.1).
• Amelia Lorentson: Tourist Accommodation Zone Review (Amendment 2A) to Noosa Plan 2020 progressed to State Interest Review as addendum to Amendment 2; CEO authorised for minor admin changes; public consultation to follow post-State review (01:39:55; Minutes 7.2).
• Joe Jurisevic: Approved MCU22/0209 STA at 515 Cooroy Noosa Rd, Tinbeerwah with conditions; vote carried 6–1 (Wegener against) (01:44:48; Minutes 5.1).
• Kim Rawlings: Confirmed STA is consistent with rural zone under current scheme; site setbacks >100m; dam fencing not required under Building Act; impact-assessable due to lot Patrick Murphy: Conditions: max 5 bedrooms, 8 guests, 9pm outdoor curfew; nearest dwelling ~160m; monitoring and enforcement via local law/planning if advertised/used beyond limits (01:43:37–01:52:11; Minutes 5.1).
• Frank Wilkie: Executed Tourism Noosa Funding & Performance Deed (2+2 years), with quarterly reporting and DMP linkage; funds confirmed for FY24–FY25 subject to deed (02:02–02:05; Minutes 5.2).
• Brian Stockwell: Amendment to require TN to consider/respect Council aspirations in Corporate Plan/strategies prior to DMP adoption PASSED; earlier amendment tying future funding to DMP response LOST (02:22–02:44; Minutes 5.2 Amendments 1–2).
• Brian Stockwell: Contract CN00311 awarded to Sunshine Civil Solutions Pty Ltd for Golden Gully Rd culvert replacements $1,190,773 ex GST; CEO to negotiate final contract (03:20:14; Minutes 6.1).
• Pauline: Budget Review 2: operating position improves by $0.88m to $0.162m surplus; capex net decrease to $56.6m with deferrals (e.g., Garth Prowd Bridge); all sustainability ratios met (03:22–03:27; Minutes 6.2).
• Pauline: Financial Performance to March: operating revenue +$5.8m (rates, interest, grants, holiday parks); legal spend $1.0m of $1.5m; cash holdings $116m with higher term-deposit returns (03:39–03:42; Minutes 6.3).
Contentious / Transparency Matters
• Frank Wilkie: Use of confidential session justified by commercial sensitivity and State Interest Review confidentiality; later decisions recorded in open session (01:38:28; Minutes 7).
• Tom Wegener: Opposed STA approval citing 4ha acceptable outcome and amenity risks, arguing learnings on STA impacts should inform assessment despite consistency (01:45–01:49; Minutes 5.1 vote split).
• Amelia Lorentson: Sought legal/Tourism Noosa consultation on amendment wording before Ordinary Meeting; concern to finalise this month for staff certainty (02:14–02:17; Minutes 5.2).
• Councillors: Debate on explicitly tying funding to DMP vs collaboration already embedded in deed; one amendment lost, a narrower pre-DMP alignment clause adopted (02:10–02:23; Minutes 5.2).
• Public reporting: Funding deed shifts from MOU to enforceable contract with quarterly reporting and ad hoc reporting within ~10 days on request, enhancing oversight (02:09:07; Minutes 5.2).
Legal / Risk
• Planning Act 2016: STA application impact-assessable due to sub-4ha lot; assessment satisfied performance outcomes on character/amenity given buffers and conditions (01:43:37; Minutes 5.1).
• Building Act: No statutory requirement to fence private dams; Council could consider as discretionary condition but did not mandate (01:41:50; Minutes 5.1 conditions).
• Local Laws & Enforcement: Non-compliance on guest caps/ads triggers compliance steps (engagement, local law amendment/cancellation, planning enforcement) (01:51:07; Minutes 5.1).
• Funding Deed: Legally binding; CEO authorised minor changes; explicit pre-DMP alignment clause reduces interpretive risk; quarterly performance reporting improves probity (02:09–02:18; Minutes 5.2).
• Procurement: Legal services insourcing trial to run invitation-to-quote for a broad-scope external firm; budget bid for Legal Officer centralising matters within Governance (01:39; Minutes 7.1).
• QRA Grants: Flood works within fixed scope; variations require QRA negotiation; fish passage upgrades must meet DAF design standards, mitigating environmental compliance risk (03:17–03:19; Minutes 6.1).
Conflicts of Interest
• Clare Stewart: Declarable COI (friendship with TN Director Leigh McCready); left and did not return (01:53–01:55; Minutes 5.2 COI).
• Karen Finzel: Declarable COI (Future Noosa 2020 campaign involvement with Leigh McCready); left and did not return (01:55:48; Minutes 5.2 COI).
• Brian Stockwell: Declarable COI (IC EO inquiry re Future Noosa claims incl. McCready); Council resolved he could participate; he did not vote on that resolution (01:56–01:57; Minutes 5.2 COI decision).
Short Term Accommodation / Planning Scheme
• Kim Rawlings: STA anticipated as consistent in rural zone under Noosa Plan 2020; contrast with medium/high density refusals where higher-order conflicts arose; not applicable here (01:42:36–01:43:20; Minutes 5.1).
• Patrick Murphy: Only one properly made submission; site on busy arterial; conditions aimed at amenity protection incl. curfew and occupancy cap (01:52:08; Minutes 5.1).
• Council: Advanced Tourist Accommodation Zone Review (Amendment 2A) through Planning Act Part 3 Div 2 pathway to State review, then community consultation (01:39:55; Minutes 7.2).
Environmental Concerns
• Julie: Culvert works include fish passage compliance and design enhancements (wing walls) to reduce scouring; QRA negotiation underway to fund improvements (03:18–03:19; Minutes 6.1).
• Brian Stockwell: Noted disaster recovery reliance on State/QRA; highlights fiscal exposure if frequency/magnitude of events increase (03:33:37–03:34:26; Minutes 6.3 context).
Budget, Assets & Financial Performance
• Pauline: Capex adjustments reflect emergent works (Noosa Parade, Beckmans Rd, David Low Way) and deferrals (e.g., Garth Prowd Bridge $2.9m) (03:24–03:25; Minutes 6.2).
• Pauline: Asset revaluation increased land and other assets (~$200m PPE uplift); landfill provision up ~$8m driving provisions to ~$24m (03:28:47–03:31:13; Minutes 6.2).
• Council: Interest income materially above budget given higher rates; legal budget likely underspent (03:39:06–03:42:59; Minutes 6.3).
• Julie: Conservative revenue budgeting to avoid deficits; caution on cyclicality (holiday parks) and softer DA/building activity; diversification reduces rate reliance (03:42:59–03:46:14; Minutes 6.3).
Tourism Noosa Governance & Strategy
• Kim Rawlings: New deed codifies quarterly reporting, plan approvals, and Council-requested ad hoc info; TN to develop 4-year strategic plan by Dec 2023, to be agreed by Council (02:00:57–02:10:01; Minutes 5.2).
• Councillors: DMP will align with Corporate Plan and relevant strategies; pre-DMP clause guides TN to respect Council aspirations now (02:27:03–02:29:28; Minutes 5.2 Amendment No.2).
• Frank Wilkie: Emphasised continued marketing to avoid “Colorado effect”; focus on high-value, values-aligned visitors; TN already leading on Plastic Free Noosa (02:02–02:06; 02:35:09–02:36:36; Minutes 5.2).
Official Meeting MinutesRead minutes ↗
MINUTES

General Committee
Meeting

Monday, 17 April 2023

12:30 PM
Council Chambers, 9 Pelican Street, Tewantin

Committee: Crs Frank Wilkie (Chair) Karen Finzel, Joe Jurisevic, Amelia Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener

“Noosa Shire – different by nature”
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

1. 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

2. CONFIRMATION OF MINUTES

Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
The Minutes of the General Committee Meeting held on 13 March 2023 be received and confirmed.
Carried Unanimously
3. PRESENTATIONS

Nil

4. DEPUTATIONS

Nil

7. CLOSED SESSION

CLOSURE OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
That the meeting be closed to the public pursuant to section 254J(3)(j) of the Local Government Regulation 2012 for the purpose of discussing a contract proposed to be made by Council and in particular, the potential commercial negotiations in relation to that contract for Item 7.1 and (g)
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government for Item 7.2.
Carried Unanimously

RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That the meeting be re-opened to the public.
Carried Unanimously.

7.1. CENTRALISED LEGAL
SERVICES TRIAL
(REFERRED FROM S&O 11 APRIL 23)

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic

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.
Carried Unanimously.

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

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
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:
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

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 as an addendum to proposed Amendment 2 endorsed by Council on 31 January 2023 currently under review by the state; 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 the proposed Amendment 2A to Noosa Plan 2020 for endorsement for the purpose of community consultation and public notification.
Carried Unanimously.

5. ITEMS REFERRED FROM COMMITTEES

5.1. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
(REFERRED FROM P&E 11 APRIL 2023)

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
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.

Cr Frank Wilkie, Cr Karen Finzel, Cr Joe Jurisevic, Cr Amelia Lorentson, For:
Cr Clare Stewart, Cr Brian Stockwell
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
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

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 and did not return to the meeting for any further items.

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 and did not return to the meeting for any further items.

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.

Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
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 the above motion.

Motion
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
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 minor changes to the Funding and Performance Deed as required; and C. Confirm the release of funds as per the report for the 2024 and 2025 Financial Years.
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

Amendment No.1
Moved: Cr Stockwell
Seconded: Cr Joe Jurisevic
That B be amended to read:

B. Authorise the Chief Executive Officer to make minor changes to the Funding and Performance Deed prior to executing the Deed as required; including i. Adding a new clause in Schedule 1 2. 1. (d) stating that “TN understands and acknowledges that any future funding will be reliant on TN responding to the outcomes of the DMP to Council's satisfaction.” For: Cr Stockwell and Cr Wilkie Against: Cr Joe Jurisevic, Cr Amelia Lorentson and Cr Tom Wegener Lost

Amendment No.2
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic

Adding a new clause i) to item B)
i) Adding to the deed, a requirement that prior to the completion and adoption of the DMP, TN must consider and respect key aspirations and positions of Council articulated in the Corporate Plan and stated in relevant strategies and plans as part of the development of Tourism Noosa's Strategic Plan, Marketing Plan and Events Strategy. “ Carried Unanimously.

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
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. Adding to the deed, a requirement that prior to the completion and adoption of the DMP, TN must consider and respect key aspirations and positions of Council articulated in the Corporate Plan and stated in relevant strategies and plans as part of the development of Tourism Noosa's Strategic Plan, Marketing Plan and Events Strategy.
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

C. Confirm the release of funds as per the report for the 2024 and 2025 Financial Years.
Carried Unanimously.

6. REPORTS DIRECT TO GENERAL COMMITTEE

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

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
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.
Carried Unanimously.

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

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson

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.
Carried Unanimously.

6.3. FINANCIAL PERFORMANCE REPORT – APRIL 2023

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
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.
GENERAL COMMITTEE MEETING MINUTES 17 APRIL 2023

Carried Unanimously

8. MEETING CLOSURE

The meeting closed at 4.29pm.

Inside this meeting

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Agenda Topics 9 topics
Mentioned applications & addresses
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