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Ordinary Meeting
Thursday, 18 May 2023 @ 5:00PM - #162
Meeting Duration: 5 minutes
This Noosa Council meeting contains very poor audio quality.
This may have affected the transcription below and is beyond our control.
Native Title consent, CEO delegated, Quamby Place parking petition actioned, Audit/Cyber no incidents, ShapingSEQ, SEQ Climate Alliance, Bridge awarded, Lease approved, Finance/Operational noted.
Agenda, decisions & supporting documents
Inside this meeting
PETITION: PARKING ISSUES QUAMBY PLACE, NOOSA HEADS1 minuted event · 1 supporting record
Jump to transcript ↗AUDIT & RISK COMMITTEE MEETING REPORT - 14 APRIL 20231 minuted event · 1 supporting record
Discussion ↗PLANNING & ENVIRONMENT COMMITTEE REPORT - 9 MAY 20231 minuted event · 1 supporting record
Jump to transcript ↗SERVICES & ORGANISATION COMMITTEE REPORT - 9 MAY 20231 minuted event · 1 supporting record
Jump to transcript ↗GENERAL COMMITTEE MEETING REPORT - 15 MAY 20231 minuted event · 1 supporting record
Discussion ↗Applications and addresses mentioned in this transcript
- RAL22/0028 · documents ↗ Address match · Read “1 Poinciana Avenue” in the transcript
- RAL22/0028 · documents ↗ Exact application number · Read “RAL22/0028” in the transcript
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Full Meeting Insight
Key Decisions & Discussions
• Clare Stewart tabled a 181-signatory petition on Quamby Place parking; Council received it and referred to the CEO for action (Item 4.1; 00:00–01:26).
• Audit & Risk Committee outcomes noted: External Audit Plan (QAO/KPMG), 2022 Closing Report, Internal Audit update, Regulatory Practices self-assessment, Risk Management, ICT Cyber Risk (no incidents), and EOFY timetable (Item 8.1; 01:26–02:20).
• ShapingSEQ: Council authorised submission of additional “Great Places” to the regional plan review, positioning Noosa priorities in SEQ planning (Item 8.2, 5.1; 02:20–02:57).
• SEQ Climate Resilience Alliance: Council endorsed 3-year membership from 1 July 2023; Director Environment & Strategy to sit on Executive Steering Committee; Carbon Reduction Project Officer on Coordination Committee (Item 8.2, 5.2; 02:20–02:57).
• Planning DA oversight: March 2023 applications decided under delegation were noted (Item 8.2, 6.1; 02:20–02:57).
• Kabi Kabi Native Title: Confidential item elevated to General Committee due to significance; later, Council consented to s 87A agreement and to Part A determination, delegating CEO to finalise and to withdraw from Part B post-determination (Items 8.2, 7.1; 8.4, 7.1; 03:39–04:38).
• Shop 7 Sunrise Shops lease: Five-year lease to Luke and Kayla Marshall t/a Butchers of Noosa, six months rent-free, with CEO authorised to grant two further five-year extensions subject to compliance (Item 8.3, 5.1; 02:57–03:32).
• Capital Program: Q3 2022/23 delivery status noted (Item 8.3, 6.1; 02:57–03:32).
• Reconfiguring a lot at 1 Poinciana Ave, Tewantin: Council noted the applicant stopped the currency period of the application (RAL22/0028) (Item 8.4, 5.1; 03:32–03:39).
• Lawnville Road Bridge: Contract CN00236 awarded to Ark Construction Group Pty Ltd for $1,452,428 (excl. GST); CEO authorised to negotiate final contract (Item 8.4, 6.1; 03:39–04:38).
• Finance: April 2023 YTD financial performance, including key sustainability indicators, noted (Item 8.4, 6.2; 03:39–04:38).
• Operational Plan: Q3 2022–23 progress and KPI status noted (Item 8.4, 6.3; 03:39–04:38).
Contentious / Transparency Matters
• Brian Stockwell flagged a typographical error, clarifying the motion should read “stopped the current currency period,” which the Chair accepted (Item 8.4, 5.1; 03:32–03:39).
• Transcript shows a seconder as “Councillor Wilkie” for the petition, whereas minutes record Karen Finzel as seconder; Council should reconcile the public record to avoid ambiguity (Item 4.1; 00:47–01:20).
• Native Title item handled as confidential but adopted with explicit public resolutions referencing s 87A NTA, improving transparency on legal posture (Items 8.2, 7.1; 8.4, 7.1; 03:39–04:38).
• Lease concessions (six-month rent-free) for Shop 7 were approved without in-meeting discussion of market benchmarking in the transcript; reliance on committee papers underscores need for accessible rationale (Item 8.3, 5.1; 02:57–03:32).
• Cyber risk report noted “no incidents” and progress on external review recommendations; continued public updates will maintain trust given sector-wide cyber threats (Item 8.1, 10; 01:26–02:20).
Legal / Risk
• Kabi Kabi consent determination: Council resolved to enter an agreement under s 87A Native Title Act 1993 (Cth), delegate CEO authority to agree Court-required changes and instruct Holding Redlich, and withdraw from Part B post-Part A determination, limiting litigation exposure (Item 8.4, 7.1; 03:39–04:38).
• Procurement: Bridge award to Ark Construction Group via formal contract number and CEO negotiation authority indicates compliance with Local Government Regulation 2012 (Qld) procurement principles; ensure probity file reflects value for money and competitive process (Item 8.4, 6.1).
• Lease authority: CEO empowered for two further five-year extensions subject to compliance; to mitigate probity risk, document performance criteria and market rent reviews per Local Government Act 2009 (Qld) sound contracting principles (Item 8.3, 5.1).
• Planning currency: Noting the applicant stopped the DA currency period preserves applicant rights under the Planning Act 2016 (Qld) while pausing Council timelines; track statutory clocks and community notification impacts (Item 8.4, 5.1; 03:32–03:39).
• Cyber security: No incidents reported; ongoing response to an external review reduces enterprise risk, but residual risk remains elevated sector-wide; maintain alignment with Essential Eight maturity (Item 8.1, 10).
• Regulatory practices self-assessment noted; ensure documented evidence supports compliance with Model Litigant Principles and enforcement proportionality (Item 8.1, 8).
Environmental and Climate Resilience
• SEQ Climate Resilience Alliance membership embeds Noosa in regional adaptation planning; executive and officer representation improves influence and knowledge transfer (Item 8.2, 5.2; 02:20–02:57).
• ShapingSEQ “Great Places” submission can secure protection for ecological and liveability assets via the regional plan; ensure alignment with the Noosa Planning Scheme and state interests (Item 8.2, 5.1).
Planning and Development
• RAL22/0028 (1 Poinciana Ave) currency pause suggests potential redesign or response to assessment issues; maintain stakeholder communication to manage expectations (Item 8.4, 5.1; 03:32–03:39).
• Delegated decisions for March 2023 were noted, indicating routine throughput remains on-track under officer delegation (Item 8.2, 6.1).
Infrastructure and Procurement
• Lawnville Road Bridge contract value $1.452m (excl. GST) with CEO negotiation authority supports timely delivery; ensure cost escalation and risk allocation are controlled in final contract (Item 8.4, 6.1; 03:39–04:38).
• Capital program Q3 status noted; tie bridge award and pipeline to delivery KPIs reported in the Operational Plan to maintain schedule transparency (Items 8.3, 6.1; 8.4, 6.3).
Community Parking Pressures (Quamby Place, Noosa Heads)
• Petition highlights business access strain near Quamby Place; CEO tasked to determine appropriate action signals potential for demand management, enforcement, or reconfiguration options (Item 4.1; 00:00–01:26).
• Given tourism peaks at Noosa Heads, integrate any response with traffic/parking policy and stakeholder consultation to avoid displacement effects into adjacent precincts (Item 4.1).
Cyber Security and Fraud Risk
• ICT report: no incidents; improvements underway per external review; continue uplift on controls relevant to ransomware, BEC, and third-party risk (Item 8.1, 10; 01:26–02:20).
• Audit & Risk oversight active across risk management and regulatory practices; maintain incident-ready posture and test response plans before EOFY (Items 8.1, 8–11).
• Clare Stewart tabled a 181-signatory petition on Quamby Place parking; Council received it and referred to the CEO for action (Item 4.1; 00:00–01:26).
• Audit & Risk Committee outcomes noted: External Audit Plan (QAO/KPMG), 2022 Closing Report, Internal Audit update, Regulatory Practices self-assessment, Risk Management, ICT Cyber Risk (no incidents), and EOFY timetable (Item 8.1; 01:26–02:20).
• ShapingSEQ: Council authorised submission of additional “Great Places” to the regional plan review, positioning Noosa priorities in SEQ planning (Item 8.2, 5.1; 02:20–02:57).
• SEQ Climate Resilience Alliance: Council endorsed 3-year membership from 1 July 2023; Director Environment & Strategy to sit on Executive Steering Committee; Carbon Reduction Project Officer on Coordination Committee (Item 8.2, 5.2; 02:20–02:57).
• Planning DA oversight: March 2023 applications decided under delegation were noted (Item 8.2, 6.1; 02:20–02:57).
• Kabi Kabi Native Title: Confidential item elevated to General Committee due to significance; later, Council consented to s 87A agreement and to Part A determination, delegating CEO to finalise and to withdraw from Part B post-determination (Items 8.2, 7.1; 8.4, 7.1; 03:39–04:38).
• Shop 7 Sunrise Shops lease: Five-year lease to Luke and Kayla Marshall t/a Butchers of Noosa, six months rent-free, with CEO authorised to grant two further five-year extensions subject to compliance (Item 8.3, 5.1; 02:57–03:32).
• Capital Program: Q3 2022/23 delivery status noted (Item 8.3, 6.1; 02:57–03:32).
• Reconfiguring a lot at 1 Poinciana Ave, Tewantin: Council noted the applicant stopped the currency period of the application (RAL22/0028) (Item 8.4, 5.1; 03:32–03:39).
• Lawnville Road Bridge: Contract CN00236 awarded to Ark Construction Group Pty Ltd for $1,452,428 (excl. GST); CEO authorised to negotiate final contract (Item 8.4, 6.1; 03:39–04:38).
• Finance: April 2023 YTD financial performance, including key sustainability indicators, noted (Item 8.4, 6.2; 03:39–04:38).
• Operational Plan: Q3 2022–23 progress and KPI status noted (Item 8.4, 6.3; 03:39–04:38).
Contentious / Transparency Matters
• Brian Stockwell flagged a typographical error, clarifying the motion should read “stopped the current currency period,” which the Chair accepted (Item 8.4, 5.1; 03:32–03:39).
• Transcript shows a seconder as “Councillor Wilkie” for the petition, whereas minutes record Karen Finzel as seconder; Council should reconcile the public record to avoid ambiguity (Item 4.1; 00:47–01:20).
• Native Title item handled as confidential but adopted with explicit public resolutions referencing s 87A NTA, improving transparency on legal posture (Items 8.2, 7.1; 8.4, 7.1; 03:39–04:38).
• Lease concessions (six-month rent-free) for Shop 7 were approved without in-meeting discussion of market benchmarking in the transcript; reliance on committee papers underscores need for accessible rationale (Item 8.3, 5.1; 02:57–03:32).
• Cyber risk report noted “no incidents” and progress on external review recommendations; continued public updates will maintain trust given sector-wide cyber threats (Item 8.1, 10; 01:26–02:20).
Legal / Risk
• Kabi Kabi consent determination: Council resolved to enter an agreement under s 87A Native Title Act 1993 (Cth), delegate CEO authority to agree Court-required changes and instruct Holding Redlich, and withdraw from Part B post-Part A determination, limiting litigation exposure (Item 8.4, 7.1; 03:39–04:38).
• Procurement: Bridge award to Ark Construction Group via formal contract number and CEO negotiation authority indicates compliance with Local Government Regulation 2012 (Qld) procurement principles; ensure probity file reflects value for money and competitive process (Item 8.4, 6.1).
• Lease authority: CEO empowered for two further five-year extensions subject to compliance; to mitigate probity risk, document performance criteria and market rent reviews per Local Government Act 2009 (Qld) sound contracting principles (Item 8.3, 5.1).
• Planning currency: Noting the applicant stopped the DA currency period preserves applicant rights under the Planning Act 2016 (Qld) while pausing Council timelines; track statutory clocks and community notification impacts (Item 8.4, 5.1; 03:32–03:39).
• Cyber security: No incidents reported; ongoing response to an external review reduces enterprise risk, but residual risk remains elevated sector-wide; maintain alignment with Essential Eight maturity (Item 8.1, 10).
• Regulatory practices self-assessment noted; ensure documented evidence supports compliance with Model Litigant Principles and enforcement proportionality (Item 8.1, 8).
Environmental and Climate Resilience
• SEQ Climate Resilience Alliance membership embeds Noosa in regional adaptation planning; executive and officer representation improves influence and knowledge transfer (Item 8.2, 5.2; 02:20–02:57).
• ShapingSEQ “Great Places” submission can secure protection for ecological and liveability assets via the regional plan; ensure alignment with the Noosa Planning Scheme and state interests (Item 8.2, 5.1).
Planning and Development
• RAL22/0028 (1 Poinciana Ave) currency pause suggests potential redesign or response to assessment issues; maintain stakeholder communication to manage expectations (Item 8.4, 5.1; 03:32–03:39).
• Delegated decisions for March 2023 were noted, indicating routine throughput remains on-track under officer delegation (Item 8.2, 6.1).
Infrastructure and Procurement
• Lawnville Road Bridge contract value $1.452m (excl. GST) with CEO negotiation authority supports timely delivery; ensure cost escalation and risk allocation are controlled in final contract (Item 8.4, 6.1; 03:39–04:38).
• Capital program Q3 status noted; tie bridge award and pipeline to delivery KPIs reported in the Operational Plan to maintain schedule transparency (Items 8.3, 6.1; 8.4, 6.3).
Community Parking Pressures (Quamby Place, Noosa Heads)
• Petition highlights business access strain near Quamby Place; CEO tasked to determine appropriate action signals potential for demand management, enforcement, or reconfiguration options (Item 4.1; 00:00–01:26).
• Given tourism peaks at Noosa Heads, integrate any response with traffic/parking policy and stakeholder consultation to avoid displacement effects into adjacent precincts (Item 4.1).
Cyber Security and Fraud Risk
• ICT report: no incidents; improvements underway per external review; continue uplift on controls relevant to ransomware, BEC, and third-party risk (Item 8.1, 10; 01:26–02:20).
• Audit & Risk oversight active across risk management and regulatory practices; maintain incident-ready posture and test response plans before EOFY (Items 8.1, 8–11).
Full Official Meeting Minutes
MINUTES
Ordinary Meeting
Thursday, 18 May 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 18 MAY 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Clare Stewart (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Brian Stockwell
Councillor Tom Wegener
Councillor Frank Wilkie
EXECUTIVE
Acting Chief Executive Officer, Larry Sengstock
Director Community Services, Kerri Contini
Acting Director Corporate Services, Trent Grauf
Director - Environment & Sustainable Development, Kim Rawlings
APOLOGIES
Nil
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 20 April 2023 be received and confirmed.
Carried Unanimously.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
The Minutes of the Special Meeting held on 27 April 2023 be received and confirmed.
Carried Unanimously.
3. MAYORAL MINUTES
Nil
4. PETITIONS
4.1. PETITION: PARKING ISSUES QUAMBY PLACE, NOOSA HEADS
Refer to Attachment 1 link
ORDINARY MEETING MINUTES 18 MAY 2023
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
That the petition with 181 signatories submitted by Anne Clark, Practice Manager of Ibuki Regenerative Medicine, requesting that Council provide a solution to the parking issues that affect Quamby Place, Noosa Heads 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. AUDIT & RISK COMMITTEE MEETING REPORT - 14 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Tim Cronin (Chair)
Cr Clare Stewart
Cr Tom Wegener
OTHER ATTENDEES
Kerry Phillips (Observer)
Larry Sengstock, Acting CEO & Director Infrastructure Services Trent Grauf, Acting Director Corporate Services Debra Iezzi, Executive Officer, Internal Audit & Corporate Performance Pauline Coles, Financial Services Manager (Acting) Diana Stewart, Governance Manager Michael Claydon, Queensland Audit Office (via Teams) Jessica Rossouw, Queensland Audit Office(via Teams) Thomas Cook, KPMG Jillian Richards, KPMG (via Teams)
APOLOGIES
Scott Waters, CEO
ORDINARY MEETING MINUTES 18 MAY 2023
COMMITTEE RECOMMENDATIONS TO COUNCIL
5. 2023 EXTERNAL AUDIT PLAN
That Council note the External Audit Plan provided by the Queensland Audit Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023.
6. QAO 2022 CLOSING REPORT
That Council note the 2022 Closing Report provided by the Queensland Audit Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023
7. INTERNAL AUDIT UPDATE
That Council note the report by the Executive Officer to the Audit and Risk Committee meeting dated 14 April 2023 regarding an update on Internal Audit matters.
8. REGULATORY PRACTICES
That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 14 April 2023 and note the self-assessment results on Council’s regulatory practices.
9. RISK MANAGEMENT
That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 14 April 2023 providing an update on risk management matters.
10. ICT CYBER RISK REPORT
That Council note the report by the ICT Manager to the Risk and Audit Committee dated 14 April 2023 on cyber security risks and note there have been no incidents and ICT is progressing improvements including responding to external review.
11. END OF FINANCIAL YEAR TIMETABLE
That Council note the report by the Manager Financial Services (Acting) to the Audit & Risk Committee Meeting dated 14 April 2023 regarding Council’s preparation for the 2022/23 End of Financial Year process and Annual Financial Statements.
Council Resolution
Moved: Cr Brian Stockwell
ORDINARY MEETING MINUTES 18 MAY 2023
Seconded: Cr Amelia Lorentson
That the report of the Audit & Risk Committee dated 14 April 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.2. PLANNING & ENVIRONMENT COMMITTEE REPORT - 9 MAY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Tom Wegener
Councillor Karen Finzel
Councillor Clare Stewart
Councillor Brian Stockwell
NON COMMITTEE MEMBERS
Councillor Amelia Lorentson
EXECUTIVE
Scott Waters, CEO
Larry Sengstock, Director Infrastructure Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. SHAPING SEQ REVIEW PROJECT
That Council note the report by the Principal Strategic Planner to the Planning and Environment Committee dated 9 May 2023 and authorise the Chief Executive Officer to submit to the ShapingSEQ Review Project Team additional Great Places as detailed within the report.
5.2. SEQ REGIONAL CLIMATE RESILIENT ALLIANCE
That Council note the report by the Climate Change Project Officer to the Planning & Environment Committee Meeting dated 9 May 2023 regarding the SEQ Climate Resilience Alliance (SEQCRA), and:
A. Endorse Noosa Council becoming a Member of the SEQ Climate Resilience Alliance for a period of 3 years commencing 1 July 2023; B. Note the Director of Environment and Strategy will sit on SEQCRA’s Executive Steering Committee, meeting quarterly; and C. Note Council's Carbon Reduction Project Officer will be the staff representative on SEQCRA’s Coordination Committee.
5.3.RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS)
AT 1 POINCIANA AVENUE, TEWANTIN
ORDINARY MEETING MINUTES 18 MAY 2023
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee for further consideration.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
MARCH 2023
That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 9 May 2023 regarding planning applications that have been decided by delegated authority.
7.1 CONFIDENTIAL NOT FOR PUBLIC RELEASE - KABI KABI NATIVE TITLE
CONSENT DETERMINATION
That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Tom Wegener
That the report of the Planning and Environment Committee dated 9 May 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.3. SERVICES & ORGANISATION COMMITTEE REPORT - 9 MAY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Amelia Lorentson
Councillor Clare Stewart
Councillor Frank Wilkie
NON COMMITTEE MEMBERS
Councillor Karen Finzel
Councillor Tom Wegener
EXECUTIVE
Chief Executive Officer, Scott Waters
Director Infrastructure Services, Larry Sengstock
Acting Director Corporate Services Trent Grauf
APOLOGIES
Councillor Joe Jurisevic
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. PROPOSED REVISED LEASE TERM - SHOP 7 SUNRISE SHOPS
That Council note the report by the Property Advisor – Commercial Property to the
ORDINARY MEETING MINUTES 18 MAY 2023
Services & Organisation Committee Meeting dated 9 May 2023 regarding the lease of Shop 7, Sunrise Shops and:
A. Agree to enter into a commercial lease of the premises to Luke and Kayla Marshall TA Butchers of Noosa for a five (5) year term; B. Agree to an initial rent-free period of six (6) months; and C. Authorise the CEO to award up to two (2) subsequent lease extensions each of five (5) years, subject to the Lessee complying with the terms of the lease.
6.1. CAPITAL PROGRAM DELIVERY STATUS
That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the Services & Organisation Committee Meeting dated 9 May 2023 providing an update on the delivery of the 2022/2023 Capital Program as at 31 March
2023.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That the report of the Services & Organisation Committee dated 9 May 2023 be received and be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.4. GENERAL COMMITTEE MEETING REPORT - 15 MAY 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
Acting Chief Executive Officer, Larry Sengstock
Director - Environment & Sustainable Development, Kim Rawlings (via Microsoft Teams)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 1 POINCIANA AVENUE, TEWANTIN (Referred from P&E 9 May
ORDINARY MEETING MINUTES 18 MAY 2023
2023)
That Council note the report by the Acting Manager of Development Assessment to the Planning & Environment Committee Meeting dated 9 May 2023 regarding Application No. RAL22/0028 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 1 Poinciana Ave, Tewantin and note that the Applicant has stopped the current currency period.
6.1. CONTRACT NO. CN00236 - LAWNVILLE ROAD BRIDGE TENDER
AWARD
That Council note the report by the Project Manager to the General Committee Meeting dated 12 April 202215 May 2023 and:
A. Award Contract No. CN00236 Lawnville Road Bridge Replacement to Ark Construction Group Pty Ltd for the lump sum price of $1,452,428 (excl.
GST).
B. Authorise the CEO to negotiate the final contract with Ark Construction Group Pty Ltd.
6.2. FINANCIAL PERFORMANCE REPORT – APRIL 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 15 May 2023 outlining April 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.
6.3. OPERATIONAL PLAN 2022-23 Q3 QUARTERLY REPORTING
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 15 May 2023 regarding the 2022-23 Operational Plan and:
A. Note the progress report for the Q3 2022-2023 Operational Plan to 31 March 2023 provided as Attachment 1; and B. Note the status of Council's Key Performance Indicators provided as Attachment 2.
7.1. CONFIDENTIAL NOT FOR PUBLIC RELEASE - KABI KABI NATIVE TITLE CONSENT DETERMINATION (Referred from P&E 9 May 2023)
That Council note the report by the Acting Environment Manager to the Planning & Environment Committee Meeting dated 9 May 2023 regarding the Kabi Kabi Native Title Claim and:
A. Agree to enter into an agreement made under s 87A Native Title Act 1993 and consent to the determination of the Kabi Kabi People native title claim QUD20/2019 in the terms of the s87A Agreement and Proposed Consent Order considered by Council (Attachment 1); B. Delegate to the CEO the power to agree to any changes that may be required by the Court to the final determination referred to in paragraph (a) and to instruct Holding Redlich to sign the s87A Agreement on Council’s behalf; and C. Delegate the power to the CEO to provide instructions to Holding Redlich to withdraw Council from Federal Court proceedings QUD20/2019 after the
ORDINARY MEETING MINUTES 18 MAY 2023
determination of Part A becomes effective on the basis that Council has no interest in Part B of the proceedings.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That the report of the General Committee dated 15 May 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
9. ORDINARY MEETING REPORTS
Nil
10. CONFIDENTIAL SESSION
Nil
11. PUBLIC QUESTION TIME
Nil
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St Tewantin on Thursday 15 June 2023.
13. MEETING CLOSURE
The Meeting closed at 5.07PM
Ordinary Meeting
Thursday, 18 May 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 18 MAY 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Clare Stewart (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Brian Stockwell
Councillor Tom Wegener
Councillor Frank Wilkie
EXECUTIVE
Acting Chief Executive Officer, Larry Sengstock
Director Community Services, Kerri Contini
Acting Director Corporate Services, Trent Grauf
Director - Environment & Sustainable Development, Kim Rawlings
APOLOGIES
Nil
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 20 April 2023 be received and confirmed.
Carried Unanimously.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
The Minutes of the Special Meeting held on 27 April 2023 be received and confirmed.
Carried Unanimously.
3. MAYORAL MINUTES
Nil
4. PETITIONS
4.1. PETITION: PARKING ISSUES QUAMBY PLACE, NOOSA HEADS
Refer to Attachment 1 link
ORDINARY MEETING MINUTES 18 MAY 2023
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
That the petition with 181 signatories submitted by Anne Clark, Practice Manager of Ibuki Regenerative Medicine, requesting that Council provide a solution to the parking issues that affect Quamby Place, Noosa Heads 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. AUDIT & RISK COMMITTEE MEETING REPORT - 14 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Tim Cronin (Chair)
Cr Clare Stewart
Cr Tom Wegener
OTHER ATTENDEES
Kerry Phillips (Observer)
Larry Sengstock, Acting CEO & Director Infrastructure Services Trent Grauf, Acting Director Corporate Services Debra Iezzi, Executive Officer, Internal Audit & Corporate Performance Pauline Coles, Financial Services Manager (Acting) Diana Stewart, Governance Manager Michael Claydon, Queensland Audit Office (via Teams) Jessica Rossouw, Queensland Audit Office(via Teams) Thomas Cook, KPMG Jillian Richards, KPMG (via Teams)
APOLOGIES
Scott Waters, CEO
ORDINARY MEETING MINUTES 18 MAY 2023
COMMITTEE RECOMMENDATIONS TO COUNCIL
5. 2023 EXTERNAL AUDIT PLAN
That Council note the External Audit Plan provided by the Queensland Audit Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023.
6. QAO 2022 CLOSING REPORT
That Council note the 2022 Closing Report provided by the Queensland Audit Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 14 April 2023
7. INTERNAL AUDIT UPDATE
That Council note the report by the Executive Officer to the Audit and Risk Committee meeting dated 14 April 2023 regarding an update on Internal Audit matters.
8. REGULATORY PRACTICES
That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 14 April 2023 and note the self-assessment results on Council’s regulatory practices.
9. RISK MANAGEMENT
That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 14 April 2023 providing an update on risk management matters.
10. ICT CYBER RISK REPORT
That Council note the report by the ICT Manager to the Risk and Audit Committee dated 14 April 2023 on cyber security risks and note there have been no incidents and ICT is progressing improvements including responding to external review.
11. END OF FINANCIAL YEAR TIMETABLE
That Council note the report by the Manager Financial Services (Acting) to the Audit & Risk Committee Meeting dated 14 April 2023 regarding Council’s preparation for the 2022/23 End of Financial Year process and Annual Financial Statements.
Council Resolution
Moved: Cr Brian Stockwell
ORDINARY MEETING MINUTES 18 MAY 2023
Seconded: Cr Amelia Lorentson
That the report of the Audit & Risk Committee dated 14 April 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.2. PLANNING & ENVIRONMENT COMMITTEE REPORT - 9 MAY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Tom Wegener
Councillor Karen Finzel
Councillor Clare Stewart
Councillor Brian Stockwell
NON COMMITTEE MEMBERS
Councillor Amelia Lorentson
EXECUTIVE
Scott Waters, CEO
Larry Sengstock, Director Infrastructure Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. SHAPING SEQ REVIEW PROJECT
That Council note the report by the Principal Strategic Planner to the Planning and Environment Committee dated 9 May 2023 and authorise the Chief Executive Officer to submit to the ShapingSEQ Review Project Team additional Great Places as detailed within the report.
5.2. SEQ REGIONAL CLIMATE RESILIENT ALLIANCE
That Council note the report by the Climate Change Project Officer to the Planning & Environment Committee Meeting dated 9 May 2023 regarding the SEQ Climate Resilience Alliance (SEQCRA), and:
A. Endorse Noosa Council becoming a Member of the SEQ Climate Resilience Alliance for a period of 3 years commencing 1 July 2023; B. Note the Director of Environment and Strategy will sit on SEQCRA’s Executive Steering Committee, meeting quarterly; and C. Note Council's Carbon Reduction Project Officer will be the staff representative on SEQCRA’s Coordination Committee.
5.3.RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS)
AT 1 POINCIANA AVENUE, TEWANTIN
ORDINARY MEETING MINUTES 18 MAY 2023
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee for further consideration.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
MARCH 2023
That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 9 May 2023 regarding planning applications that have been decided by delegated authority.
7.1 CONFIDENTIAL NOT FOR PUBLIC RELEASE - KABI KABI NATIVE TITLE
CONSENT DETERMINATION
That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Tom Wegener
That the report of the Planning and Environment Committee dated 9 May 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.3. SERVICES & ORGANISATION COMMITTEE REPORT - 9 MAY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Amelia Lorentson
Councillor Clare Stewart
Councillor Frank Wilkie
NON COMMITTEE MEMBERS
Councillor Karen Finzel
Councillor Tom Wegener
EXECUTIVE
Chief Executive Officer, Scott Waters
Director Infrastructure Services, Larry Sengstock
Acting Director Corporate Services Trent Grauf
APOLOGIES
Councillor Joe Jurisevic
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. PROPOSED REVISED LEASE TERM - SHOP 7 SUNRISE SHOPS
That Council note the report by the Property Advisor – Commercial Property to the
ORDINARY MEETING MINUTES 18 MAY 2023
Services & Organisation Committee Meeting dated 9 May 2023 regarding the lease of Shop 7, Sunrise Shops and:
A. Agree to enter into a commercial lease of the premises to Luke and Kayla Marshall TA Butchers of Noosa for a five (5) year term; B. Agree to an initial rent-free period of six (6) months; and C. Authorise the CEO to award up to two (2) subsequent lease extensions each of five (5) years, subject to the Lessee complying with the terms of the lease.
6.1. CAPITAL PROGRAM DELIVERY STATUS
That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the Services & Organisation Committee Meeting dated 9 May 2023 providing an update on the delivery of the 2022/2023 Capital Program as at 31 March
2023.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That the report of the Services & Organisation Committee dated 9 May 2023 be received and be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
8.4. GENERAL COMMITTEE MEETING REPORT - 15 MAY 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
Acting Chief Executive Officer, Larry Sengstock
Director - Environment & Sustainable Development, Kim Rawlings (via Microsoft Teams)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 1 POINCIANA AVENUE, TEWANTIN (Referred from P&E 9 May
ORDINARY MEETING MINUTES 18 MAY 2023
2023)
That Council note the report by the Acting Manager of Development Assessment to the Planning & Environment Committee Meeting dated 9 May 2023 regarding Application No. RAL22/0028 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 1 Poinciana Ave, Tewantin and note that the Applicant has stopped the current currency period.
6.1. CONTRACT NO. CN00236 - LAWNVILLE ROAD BRIDGE TENDER
AWARD
That Council note the report by the Project Manager to the General Committee Meeting dated 12 April 202215 May 2023 and:
A. Award Contract No. CN00236 Lawnville Road Bridge Replacement to Ark Construction Group Pty Ltd for the lump sum price of $1,452,428 (excl.
GST).
B. Authorise the CEO to negotiate the final contract with Ark Construction Group Pty Ltd.
6.2. FINANCIAL PERFORMANCE REPORT – APRIL 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 15 May 2023 outlining April 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.
6.3. OPERATIONAL PLAN 2022-23 Q3 QUARTERLY REPORTING
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 15 May 2023 regarding the 2022-23 Operational Plan and:
A. Note the progress report for the Q3 2022-2023 Operational Plan to 31 March 2023 provided as Attachment 1; and B. Note the status of Council's Key Performance Indicators provided as Attachment 2.
7.1. CONFIDENTIAL NOT FOR PUBLIC RELEASE - KABI KABI NATIVE TITLE CONSENT DETERMINATION (Referred from P&E 9 May 2023)
That Council note the report by the Acting Environment Manager to the Planning & Environment Committee Meeting dated 9 May 2023 regarding the Kabi Kabi Native Title Claim and:
A. Agree to enter into an agreement made under s 87A Native Title Act 1993 and consent to the determination of the Kabi Kabi People native title claim QUD20/2019 in the terms of the s87A Agreement and Proposed Consent Order considered by Council (Attachment 1); B. Delegate to the CEO the power to agree to any changes that may be required by the Court to the final determination referred to in paragraph (a) and to instruct Holding Redlich to sign the s87A Agreement on Council’s behalf; and C. Delegate the power to the CEO to provide instructions to Holding Redlich to withdraw Council from Federal Court proceedings QUD20/2019 after the
ORDINARY MEETING MINUTES 18 MAY 2023
determination of Part A becomes effective on the basis that Council has no interest in Part B of the proceedings.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That the report of the General Committee dated 15 May 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.
9. ORDINARY MEETING REPORTS
Nil
10. CONFIDENTIAL SESSION
Nil
11. PUBLIC QUESTION TIME
Nil
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St Tewantin on Thursday 15 June 2023.
13. MEETING CLOSURE
The Meeting closed at 5.07PM
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