Ordinary Meeting - May 2023
Date: Thursday, 18 May 2023 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:05:09
Synopsis: 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.
Meeting Attendees
Committee Members
Clare Stewart Karen Finzel Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
Acting Chief Executive Officer, Larry Sengstock Director Community Services, Kerri Contini Director Corporate Services, Trent Grauf Director - Environment & Sustainable Development, Kim Rawlings AI-Generated 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).
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
Meeting Transcript
Joe Jurisevic 00:00.000
Good evening everyone. I declare the meeting open. I would like to acknowledge that we are meeting on the traditional lands of our Kabi Kabi people and I pay my respects to their Elders past, present and emerging. Can I have a mover for the confirmation that it's the ordering meeting? Thank you, Councillor Wegener. Second, I say to the Council Council, thank you. That was held on the 20th of April, 2023. All in favour? Carried unanimously. Thank you. Can I please have a mover for the confirmation that it's the special meeting? Larry Sengstock 00:25.462
Thank you, Councillor Jurisevic. All in favour? Carried unanimously. Thank you. There are no Mayoral minutes. I have one petition with 181 signatures submitted by Anne Clarke, Practice Manager of Ibuki Regenerative Medicine, requesting that Council provide a solution to the parking issues that affect Quamby Place. Noosa Heads. I need to put out a second report. I'll thank Councillor Wilkie. I'll second it. Elle, in favour? I'm carried. Thank you. Are you moving that the petition be received and referred to the CEO for evidence? Joe Jurisevic 01:01.363
Yes, I am moving that it be, sorry, in my haste, moving that it be received for the CEO for his attention and potential implementation, but attention is number one. Thank you. Frank Wilkie 01:18.161
Oh, I can vote until I knew what the motion was. Oh, that was unanimous. Joe Jurisevic 01:21.541
Amelia, please might Council Stockwell. Any further petitions? Okay we have no notified motions, no presentations, no deputations. We are now up to item Clare Stewart 01:35.764
8 Which is consideration of committee reports. We have eight point one audit and risk community recommendations, number five 2023 external audit plan, number six QAO 2022 closing report, seven internal audit update, eight regulatory practices, nine risk management, ten ICT cyber risk report, eleven end of financial year timetable. timetable. Can I have a mover for the second and the second Can I have a mover for these? reduction. Thank you Councillor Stockwell, thank you Councillor Lorentson. All in favour? Carriage unanimously. Thank you everyone. We are now up to item 8.2 planning and environment committee meeting recommendations. 5.1 shaping SEQ review project. 5.2 SEQ regional climate resilient alliance. 5.3 Was referred to the general committee. 6.1 planning applications decided by delegated authority March 2023. Item 7 confidential item was referred to the general committee. I'll move the planning and environment committee recommendations. Thank you Councillor Wegener. Seconded? All in favour? Carried unanimously. Thank you. We're now up to item 8.3 services committee and organisational recommendations. 5.1 proposed revised lease term, shop 7, Sunrise Shops. 6.1 capital program delivery status. Can I have a mover and a seconder? Second. All in favour? Carried unanimously. We're now up to item 8.4 of the general committee meeting recommendations. 5.1 RAL 22/0028, application for reconfiguring a lot, 1 into 2 lots at 1 Poinciana Avenue, Tewantin. Brian Stockwell 03:32.593
I think there might be just a typographical error. I think they've stopped the currency period. Larry Sengstock 03:39.013
Thank you, Councillor Stockwell. You note that, Elinda? Yes. So that should read that council note the report by the acting manager of development assessment to the Planning and Environment Committee meeting date 9th May 2023 regarding application on the RAL 22/00 For a development permit for reconfiguring a lot, one to two lots, situated at 1 Poinciana Avenue, Tewantin, and note that the applicant has stopped the currency period. You're happy with that Kim? Thank you Councillor Yes, that's correct. Thank you. Frank Wilkie 04:11.120
Stockwell. Clare Stewart 04:14.120
6.1 Contract number CN00236 Lawnville Road bridge tender award. 6.2 financial performance report April 2023.6.3 operational plan 2022-23 quarter three quarterly reporting. Item 7.1 confidential not for public release Kabi Kabi native title consent determination referred from P &E 9th of May 2023. Can I have a mover and a seconder for the adoption? I'll move. Joe Jurisevic 04:44.942
I'll second. I'll second Clare Stewart 04:46.202
Councillor Jurisevic. All in favour? Carried unanimously. There are no ordinary meeting reports. There are no further confidential items. There are no submissions to public question time. The next meeting will be held on the 15th of June 2023. That brings us to the end of the agenda. I declare the meeting closed at 5:07pm. Thank you. Related Noosa Council Meetings
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