Ordinary Meeting - June 2023
Date: Thursday, 15 June 2023 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:41:12
Synopsis: Parking petition addressed by CEO, Boating study challenged and Chaplin Park rejected, Environment and climate grants approved, Encroachments Policy adopted, Housing lease expanded, Battery tender approved.
Meeting Attendees
Committee Members
Councillors Frank Wilkie Clare Stewart Karen Finzel Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Executive Officers
Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director - Strategy And Environment & Sustainable Development Kim Rawlings (Via Microsoft Teams) Acting Director Infrastructure Services Shaun Walsh AI-Generated Meeting Insight
Key Decisions & Discussions Brian Stockwell: Petition (40 signatories) to stop car parking on Noosa Heads Lions Park referred to CEO for action (01:20; Item 4.1). Frank Wilkie: Tender Consideration Plan for a Community Battery approved; CEO delegated to adopt plan and negotiate contracts under s230 LGR 2012 (03:35; Item 5.1, Gen Cttee). Brian Stockwell: Climate Change Response Grants approved: Project Grants $59,836; CEO authorised to enter deeds (04:07; P&E 5.2). Frank Wilkie: Environment Grants program adopted: $24,030 (projects, 1 yr), $261,518.20 p.a. MEC (3 yrs), $88,900 p.a. Alliance (3 yrs); $50,970 reallocated to Alliance over 3 yrs; policy review endorsed (19:05; Gen Cttee 5.2). Joe Jurisevic: RADF Round 19 recommendations approved, subject to 2023/24 budget (06:56–07:49; S&O 5.3). Frank Wilkie: Community Grants (projects, infrastructure, events, equipment) Round One 2023/24 approved, budget-dependent (16:03–17:34; S&O 5.4–5.8). Frank Wilkie: Encroachments Policy and Operational Procedures adopted; implementation plan and funding to be considered in 2023/24 budget (33:56–39:16; Gen Cttee 6.3). Frank Wilkie: MSQ Recreational Boating Study noted; Council raised capacity and environmental concerns, rejected Chaplin Park facility, sought funding and joint planning (33:17; Gen Cttee 5.4). Council: Minor change to MCU at 88A & 90 Goodchap St approved; conditions amended and added under Planning Act s63(5) (33:17; Gen Cttee 6.1). Council: EPS thermal compaction unit contract awarded to IS Recycling Pty Ltd ($227,000 ex GST) (39:16; Gen Cttee 6.4). Council: Telecommunications leases at Cooyar St to Amplitel and Optus approved; s236(1)(c)(vi) LGR exception applied (18:39; S&O 7.2). Council: Community Housing Services (Salvation Army) lease area increased from 2,552m² to 4,540m² for 20 years; s236(1)(b)(ii) community org exception applied (17:34–18:39; S&O 7.1). Council: 2023–24 Fees and Charges fixed under LGA ss97–98, 262(3)(c) (39:16; Gen Cttee 6.6). Council: Delegations Register (Council to CEO) adopted under s257 LGA; further report to refine non-delegable development triggers requested (39:16; Gen Cttee 6.9). Council: NBRF Annual Report 2021–22 noted; Operational Plan 2023/24 and funding request noted (33:17; Gen Cttee 6.2). Council: Tenure to establish Cooran Organic Garden Inc. at King Park approved; s236(1)(b)(ii) LGR applied (06:15; S&O 5.2). Contentious / Transparency Matters Brian Stockwell: Petition alleges Lyons Park holiday parking conflicts with park designation, Planning Scheme, Transport Strategy, and Council Design Principles; referred for CEO action (01:20; Item 4.1). Council: MSQ boating study challenged for lacking regional approach and for unrealistic car/trailer parking expansions due to traffic, landscape, and environmental impacts; Chaplin Park option rejected (33:17; Gen Cttee 5.4). Council: Multiple COIs managed live with determinations allowing participation where no personal/material gain; reasons recorded consistently (06:56–27:54; multiple items). Tom Wegener: Labeled Encroachments Policy “incredible” and far-reaching, underscoring significant community impact and need for clear implementation (39:02; Gen Cttee 6.3). Council: Planning applications decided by delegated authority noted amid several councillor COIs; separate resolutions ensured quorum (28:56–32:35; Gen Cttee 5.3). Legal / Risk Council: COIs handled under Chapter 5B Local Government Act 2009; prescribed vs declarable interests identified, with leave-the-room where required and public-interest tests recorded (06:15–27:54; multiple items). Council: Procurement and leasing relied on LGR 2012 s230 (Tender Consideration Plan) and s236 exceptions for community and telecommunications leases; CEO delegation framed within financial limits (03:35; 18:39; S&O 7.1–7.2; Gen Cttee 5.1). Council: Encroachments Policy backed by legal advice that it is not a “planning scheme” for s150EF(1)(b) LGA ordinary business exemption; mitigates procedural risk in COI handling (33:56–36:47; Gen Cttee 6.3). Council: Delegations Register adopted under s257 LGA; directed review to tighten development non-delegable triggers (heritage, vegetation clearing, protected species, superseded approvals), reducing legal/appeal exposure (Gen Cttee 6.9). Council: Boating capacity and parking expansion flagged as environmental and traffic risks; Council seeks MSQ/TMR funding for on-shore components and prefers demand management over new capacity (33:17; Gen Cttee 5.4). Council: Planning approval change at Goodchap St documented under Planning Act s63(5), ensuring lawful condition amendments (33:17; Gen Cttee 6.1). Conflicts of Interest Tom Wegener: Prescribed COI (President, Permaculture Noosa) for Climate Change Grants; left room (03:48–04:07; P&E 5.2). Frank Wilkie and Joe Jurisevic: Prescribed/declarable COIs on RADF; both left; acting chair appointed; resolutions carried (06:15–07:49; S&O 5.3). Clare Stewart , Karen Finzel , Amelia Lorentson , Brian Stockwell : Multiple declarable COIs on grants, encroachments, and delegated applications; in several cases Council resolved participation in public interest with recorded reasons (08:38–26:50; 28:56–32:35; Gen Cttee 5.2, 5.3, 6.3). Environmental Concerns Council: Significant environmental funding endorsed via MEC and Alliance streams, with reallocation to sustain organisational capacity (19:05; Gen Cttee 5.2). Council: Noosa River planning progress noted; thanks to RSAC/MSQ; next steps identified (P&E 6.1). Council: EPS compaction investment targets landfill diversion and circular economy outcomes (Gen Cttee 6.4). Brian Stockwell: Petition framed parking as contrary to open space protection; aligns with Planning Scheme/Transport Strategy priorities (01:20; Item 4.1). Development and Planning Council: Minor change to MCU at Goodchap St increases education/admin use and adds vet office; conditions tightened (33:17; Gen Cttee 6.1). Council: Delegated approvals for April 2023 noted after managing multiple COIs to retain quorum; transparency preserved (28:56–32:35; Gen Cttee 5.3). River and Boating Infrastructure Council: Supports pontoons at Noosa Woods, Gympie Tce, Lake St; seeks joint planning for ramp upgrades while resisting car/trailer over-expansion (33:17; Gen Cttee 5.4). Council: Parking Study in FY23/24 to apply demand-management near boat ramps; outcomes to inform future facilities (Gen Cttee 5.4). Grants and Funding Decisions Council: Community Project Grants (projects/events/infrastructure/equipment) approved subject to budget; multiple recusals documented (16:03–17:34; S&O 5.4–5.8). Council: NBRF Operational Plan 2023/24 and funding request noted, informing environment program alignment (33:17; Gen Cttee 6.2). Telecommunications and Community Housing Council: Amplitel and Optus leases at Cooyar St proceed under s236(1)(c)(vi) LGR; CEO authorised to execute (18:39; S&O 7.2). Council: Salvation Army Community Housing lease expanded to 4,540m² for 20 years under s236(1)(b)(ii) LGR, supporting housing capacity (17:34–18:39; S&O 7.1).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 15 June 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 15 JUNE 2023 1. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Councillors Frank Wilkie (Chair) Councillor Clare Stewart (via Microsoft Teams) Councillor Karen Finzel (via Microsoft Teams) Councillor Joe Jurisevic Councillor Amelia Lorentson (via Microsoft Teams) Councillor Brian Stockwell Councillor Tom Wegener EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director - Strategy and Environment & Sustainable Development Kim Rawlings (via Microsoft Teams) Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That in accordance with Section 254K of the Local Government Regulation, Cr Stewart, Cr Finzel and Cr Lorentson are approved to attend the meeting dated 14 June 2023 via Microsoft Teams. Carried Unanimously. 2. CONFIRMATION OF MINUTES Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Amelia Lorentson The Minutes of the Ordinary Meeting held on 18 May 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 22 May 2023 be received and confirmed. Carried Unanimously. 3. MAYORAL MINUTES ORDINARY MEETING MINUTES 15 JUNE 2023 Nil 4. PETITIONS 4.1. NOOSA MAIN BEACH LOCAL RESIDENTS GROUP REGARDING NO CAR PARKING / PROTECT GREENSPACE AT NOOSA HEADS LIONS PARK PETITION - Attachment 1 to the Minutes Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That the petition with 40 signatories submitted by Noosa Main Beach Local Residents Group regarding No Car Parking / Protect Greenspace at Noosa Heads Lions Park be received and referred to the Chief Executive Officer to determine appropriate action Carried Unanimously 5. NOTIFIED MOTIONS Nil 6. PRESENTATIONS Nil 7. DEPUTATIONS Nil 8. CONSIDERATION OF COMMITTEE REPORTS 8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 JUNE 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Councillor Tom Wegener (Chair) Councillor Karen Finzel Councillor Clare Stewart ORDINARY MEETING MINUTES 15 JUNE 2023 Councillor Brian Stockwell NON COMMITTEE MEMBERS Councillor Amelia Lorentson EXECUTIVE Acting Chief Executive Officer, Larry Sengstock Director - Strategy and Environment & Sustainable Development, Kim Rawlings Acting Director Infrastructure Services, Shaun Walsh APOLOGIES Nil COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. TENDER CONSIDERATION PLAN - COMMUNITY BATTERY That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue. 5.2. CLIMATE CHANGE RESPONSE GRANTS - ROUND 3 - 2023/24 In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom Wegener provided the following declaration to the meeting of a prescribed conflict of interest in this matter: I, Cr Wegener, inform the meeting that I have a prescribed conflict of interest in this matter in relation to the application by Permaculture Noosa as I am the President of this Association. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Cr Wegener left the meeting. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Joe Jurisevic That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment Committee Meeting dated 6 June 2023 regarding the Climate Change Response Grants, and: A. Award grant funding for the various initiatives totalling the following amounts: B. Climate Change Project Grants $59,836 (outlined in Attachment 1); C. Authorise the CEO to enter Funding Deeds for the Climate Change Project grants. Carried Unanimously. Cr Wegener returned to the meeting. 5.3. ENVIRONMENT GRANTS - ENVIRONMENT PROJECT GRANTS (ROUND 18), MULTI-YEAR ENVIRONMENT COLLABORATIVE (MEC) GRANTS (ROUND 2: 2023-2026) AND ENVIRONMENT ORGANISATION ALLIANCE GRANTS (2023- 2026) ORDINARY MEETING MINUTES 15 JUNE 2023 That the matter lay on the table and be referred to General Committee Meeting due the recently identified Conflicts of Interests. 6.1. NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE SUMMARY REPORT That Council note the Noosa River Stakeholder Advisory Committee Summary Report by the Principal Environment Officer – River Strategy and Engagement to the Planning and Environment Committee Meeting dated 6 June 2023, and: A. Note the achievements and outcomes of the Noosa River Stakeholder Advisory Committee and Maritime Safety Queensland, as well as next steps for Noosa River planning; and B. Request that a Thank You letter be sent to Committee members from the Mayor. 6.2. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY APRIL 2023 That Planning & Environment Committee Agenda Item 6.2 be referred to the General Committee due to the number of Conflicts of Interest in this matter to allow for a healthy quorum. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That the report of the Planning & Environment Committee dated 6 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried Unanimously. 8.2. SERVICES & ORGANISATIONS COMMITTEE REPORT - 6 JUNE 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Councillor Joe Jurisevic Councillor Amelia Lorentson (Chair) Councillor Clare Stewart Councillor Frank Wilkie NON COMMITTEE MEMBERS Councillor Karen Finzel Councillor Tom Wegener (Items 5.1-7.1) ORDINARY MEETING MINUTES 15 JUNE 2023 EXECUTIVE Acting Chief Executive Officer Larry Sengstock Acting Director Infrastructure Services, Shaun Walsh APOLOGIES Nil COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. MARITIME SAFETY QUEENSLAND RECREATIONAL BOATING FACILITIES DEMAND FORECAST STUDY 2022 That Services & Organisation Committee Agenda Item 5.1 be referred to the General Committee meeting due to the significance of the issue. 5.2. REQUEST FOR TENURE TO ESTABLISH A NEW COMMUNITY GARDEN IN LOT 11 SP128963, KING PARK, COORAN - COORAN ORGANIC GARDEN INC. That Council note the report by the Property Office, Development & Regulation to the Services & Organisation Committee Meeting dated 6 June 2023 regarding a request for new community garden over Lot 11 SP128963 for Cooran Organic Garden Inc and: A. Authorise the Chief Executive Officer to enter into negotiations for a 3 Year Freehold Permit over part of Lot 11 SP128963 known as King Park, Cooran, for the purposes of establishing a new community garden; B. Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii) of the Local Government Regulation 2012 for disposal of a non-current asset other than by tender or auction as the valuable non-current asset will be disposed of to a community organisation. 5.3. REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT RECOMMENDATIONS 2023 In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Joe Jurisevic inform the meeting that I have a declarable conflict of interest in this matter due to my involvement as a judge in The Great UpCycle Challenge who have an application in this RADF Grant Round. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Cr Jurisevic left the meeting room. In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a prescribed conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as I am an executive member (president) of the Noosa Arts Theatre, one of the applicants to this round of grant funding. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Cr Wilkie left the meeting room. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Amelia Lorentson ORDINARY MEETING MINUTES 15 JUNE 2023 That Cr Wegner be appointed as Acting Chairperson of the meeting for this item for the purpose of considering this item due to the conflict of interest declaration by Cr Wilkie. Carried Unanimously. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve the Regional Arts Development Fund recommendations for Round 19 as outlined in Attachment 1 to the report, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. Carried Unanimously. Cr Jurisevic and Cr Wilkie returned to to the meeting and Cr Wilkie assumed the Chair. 5.4. 2023-2024 COMMUNITY GRANTS PROGRAM - COMMUNITY PROJECT GRANTS (ROUND ONE) - OVERVIEW That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve Round One 2023-24 Community Project Grants, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. 5.5. 2023-2024 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS (ROUND ONE) – PROGRAM/PROJECTS 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 for the application of Katie Rose Cottages as I have a friendship with the Head of Fundraising and Partnerships Leigh McCready. 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 (via Teams) 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 in the application of Katie Rose Cottages as Leigh McCready, the Head of Fundraising and Partnerships, was involved with my 2020 election campaign with Future Noosa as a volunteer, 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 Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter as I am a member of the Peregian Beach Community House and out of an abundance of caution I will leave the meeting room. Cr Wilkie left the meeting. ORDINARY MEETING MINUTES 15 JUNE 2023 The Acting CEO Larry Sengstock assumed the Chair for the purposes of dealing with the Item. 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. The conflict involved the application of Katie Rose Cottages as Leigh McCready is the Head of Fundraising and Partnerships, 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. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Joe Jurisevic That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve Round One 2023-24 Community Project Grants – Program/Projects provided in Attachment 1 to this report, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. Carried Unanimously. Cr Stewart , Finzel and Cr Wilkie returned to to the meeting and Cr Wilkie assumed the Chair. 5.6. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND ONE) - INFRASTRUCTURE That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve Round One 2023-2024 Community Project Grants - Infrastructure provided in Attachment 1 to this report, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. ORDINARY MEETING MINUTES 15 JUNE 2023 5.7. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND ONE) - EVENTS That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve Round One 2023-24 Community Project Grants – Events provided in Attachment 1 to this report, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. 5.8. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND ONE) - EQUIPMENT 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 in relation to the applicant - Noosa Rugby Union Club Inc. My husband is a member and sponsor of the Droopy Dolphins, the charitable arm of the club. My son also plays for this club. I also have a declarable conflict of interest in relation to the applicant - Tewantin Noosa Cricket Club Inc. as my son is a player of the TNCC. As a result of my conflicts and to be overly prudent I will leave the room while the matter is decided and voted upon. Cr Stewart left the meeting (via Teams) In accordance with Chapter 5B of the Local Government Act 2009, Cr Amelia Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Amelia , inform the meeting that I have a declarable conflict of interest in this matter and my children are members of Noosa Board riders Assoc. and as a matter of caution I will now leave the meeting room Cr Lorentson left the meeting room (via Teams) Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 June 2023 and approve Round One 2023-24 Community Project Grants – Equipment provided in Attachment 1 to this report, subject to sufficient funds being allocated in the adopted 2023/24 Council budget. Carried Unanimously. Cr Stewart & Cr Lorentson returned to the meeting room (via Teams) 7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - REQUEST TO INCREASE LEASE AREA - COMMUNITY HOUSING SERVICE LIMITED That Council note the report by the Property Officer, Development & Regulation to the Services & Organisation Committee Meeting dated 6 June 2023 regarding a request ORDINARY MEETING MINUTES 15 JUNE 2023 to increase to a lease area for the Salvation Army Community Housing Services Limited and: A. Surrender the existing lease to The Salvation Army Community Housing Services Limited. B. Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii) of the Local Government Regulation 2012 for disposal of a non-current asset other than by tender or auction if the valuable non-current asset is disposed of to a community organisation. C. Enter into a new lease with The Salvation Army Community Housing Services Limited for Lease Area increasing the leased area from 2552m2 to 4540m2, for a term of 20 Years. D. Delegate the power to the Chief Executive Officer to authorise, negotiate and finalise the terms of the Lease, to be executed by Council and to do any other acts necessary to implement Council’s decision 7.2. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - TELECOMMUNICATIONS FACILITY LEASES - COOYAR STREET, NOOSA HEADS That Council note the report by the Property Officer, Development & Regulation, to the Services & Organisation Committee Meeting dated 6 June 2023 regarding Telecommunication Facility Leases located on Council freehold land and: A. Agree to enter a commercial lease with Amplitel Pty Limited as trustee for the Towers Business Operating Trust for the lease area described as Lease T in Lot 15 SP177649 Cooyar Street Noosa Heads in accordance with the terms generally outlined in this report; B. Agree to enter into a commercial lease with Optus Mobile Pty Limited for the lease area described as Lease P in Lot 15 SP177649 Cooyar Street Noosa Heads in accordance with the terms generally outlined in this report; and C. Apply the exception referenced in section 236(1)(c)(vi) of the Local Government Regulation 2012, as both leases are for telecommunication purposes; and D. Authorise the Chief Executive Officer to negotiate, make, vary, sign and discharge the telecommunication leases and any required variations of the lease on Council's behalf. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That the report of the Services & Organisation Committee dated 6 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried Unanimously. 8.3. GENERAL COMMITTEE REPORT - 12 JUNE 2023 ORDINARY MEETING MINUTES 15 JUNE 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Councillor Frank Wilkie (Chair) Councillor Karen Finzel Councillor Joe Jurisevic Councillor Amelia Lorentson Councillor Clare Stewart Councillor Brian Stockwell Councillor Tom Wegener EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Strategy and Environment & Sustainable Development Kim Rawlings Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. TENDER CONSIDERATION PLAN - COMMUNITY BATTERY (Referred from P&E 6 June 2023) That Council note the report by the Carbon Reduction Project Officer for Tender Consideration Plan - Community Battery to the Services and Organisation Committee dated 6 June 2023 and: A. Resolve to prepare a Tender Consideration Plan, substantially in accordance with the draft plan in Attachment 1 for the procurement of the supply, installation and operation of a Community Battery, under section 230 of the Local Government Regulation 2012 and; B. Delegate authority to the Chief Executive Officer to: i. Prepare and adopt the Tender Consideration plan; ii. Approve the negotiation and enter into contracts, within the Chief Executive Officer’s financial delegation, in order to achieve the objectives of the Tender Consideration Plan. 5.2 ENVIRONMENT GRANTS - ENVIRONMENT PROJECT GRANTS (ROUND 18), MULTI-YEAR ENVIRONMENT COLLABORATIVE (MEC) GRANTS (ROUND 2: 2023-2026) AND ENVIRONMENT ORGANISATION ALLIANCE GRANTS (20232026) - (Referred from P&E 6 June 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 (via Teams) 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 ORDINARY MEETING MINUTES 15 JUNE 2023 Future Noosa as a volunteer, 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 (via Teams) In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I would like to declare a declarable conflict of interest for Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the president of the Peregian Beach Community Association (PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach Bushcare group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH and make this declaration out of an abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. Acting CEO Larry Sengstock assumed the role of Chair for the purposes of dealing with the conflict of interest declaration by Cr Wilkie. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Carried Unanimously. (Cr Wilkie and Cr Stockwell did not vote on the above motion) Cr Wilkie assumed the Chair. 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 would like to declare a declarable conflict of interest for Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach Bushcare group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH and make this declaration out of an abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. Council Resolution Moved: Cr Joe Jurisevic ORDINARY MEETING MINUTES 15 JUNE 2023 Seconded: Cr Tom Wegener 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 he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that 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) 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, also inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by the Noosa District Landcare due to my long standing connection with the organisation as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. 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 Joe Jurisevic Seconded: Cr Tom Wegener 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 he does not stand to receive a personal benefit or loss in relation to this matter due to the community nature of this relationship with Landcare 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) 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 I have a long-standing relationship with MRCCC as a previous government employee and a longterm collaborator since 1994. I have in the past had a small consultant contract below the limit for a Prescribed Conflict and prior to the declarable time frame. I was up until the last AGM Council's representative on the committee and in this role I played a role in facilitating and developing the group's revised catchment strategy. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. 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 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 would trust that the final decision is made in the public interest. Although he has a declarable conflict of interest, I do not believe a reasonable person ORDINARY MEETING MINUTES 15 JUNE 2023 could have a perception of bias considering the community nature of this relationship and vote that Cr Stockwell remains in the room. Carried Unanimously. (Cr Stockwell did not vote on the above motion) 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 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) Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Brian Stockwell That Council note the report by the Principal Environment Officer - Policy and Planning to the Planning & Environment Committee Meeting dated 6 June 2023 regarding the Environment Project Grants, MEC Grants and Environment Organisation Alliance Grants and: A. Award the Environment Project grants, Multi Year Environment Collaborative (MEC) grants and Alliance grants, for the initiatives recommended in Attachments 1 – 3 for funding totalling the amounts below: i. Environment Project Grants (Attachment 1) = $24,030.00 (one year) ii. MEC Grants (Attachment 2) = $261,518.20 (per year) totalling $784,554.61 (over three years) iii. Environment Organisation Alliance Grants (Attachment 3) = $88,900 (per year) totalling $266,700.00 (over three years); B. Support the reallocation of $50,970 from the Environment Project grants to the Alliance grants for the next three financial years (2023/24, 2024/25, and 2025/26); ORDINARY MEETING MINUTES 15 JUNE 2023 C. Authorise the CEO to enter Funding Deeds for the Environment Project grants, MEC grants and Alliance grants with successful organisations, as per the recommended funding amount; and D. Support the review of the Environment Grants Policy and Environment Levy Policy and associated guidelines by Environmental Services to identify areas for improvement in future grant rounds. Carried Unanimously. Cr Finzel & Cr Stewart returned to the meeting (via Teams) 5.3. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY APRIL 2023 (Referred from P&E 6 June 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 in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. I have a friendship with Leigh and Rob McCready, who are associated with the applicant. 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 (via Teams) 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 in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. Leigh McCready who is associated with the applicant, was involved in a volunteer capacity for 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 (via Teams) In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter in relation to the applications by Mark Bain (listed in the report at Items 11) as I have a personal relationship with the Bain family. The Bain family are friends of mine and we have attended social events together, our children attended school together and they surf together as part of the Noosa Boardrider's Club. During the 2020 election campaign, Mr Bain appeared in one of my campaign videos and agreed to one of my election signs being placed at the Petrol Station located on Gympie Terrace of which Mr Bain was the property landlord. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Lorentson left the meeting (via Teams) 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 in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. 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 associated with the applicant. Although I ORDINARY MEETING MINUTES 15 JUNE 2023 have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because Council's consideration of this application is not to approve or reject it, it is only for noting of a decision that has already been made by staff. 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 Joe Jurisevic Seconded: Cr Tom Wegener 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 matter Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 6 June 2023 regarding planning applications that have been decided by delegated authority. Carried Unanimously. Cr Lorentson, Stewart and Finzel returned to the meeting (via Teams) 5.4. MARITIME SAFETY QUEENSLAND RECREATIONAL BOATING FACILITIES DEMAND FORECAST STUDY 2022 ( Referred from S&O 6 June 2023) That Council note the report by the Principal Environment Officer and the Infrastructure Planning Co-ordinator to the Services and Organisation Committee Meeting dated 6 June 2023 and: A. Note its appreciation for MSQ / DTMR in commissioning the investigation to respond to increasing demand for recreational boating facilities B. Raise concerns for the lack of a regional approach to planning for boat launching facilities, particularly when the Noosa River system is a relatively small system compared to other regional water bodies and may not have the capacity to accommodate statistical growth C. Seek discussions about increased funding from MSQ / DTMR to fund on-shore components of the boat ramp facilities D. Welcome further discussions between MSQ and Council to support expedient placement of the Noosa Woods Pontoon, Gympie Terrace Noosaville Pontoon and Lake Street Tewantin Pontoon to assist in improving boating access to the Noosa River E. Welcome initiation of planning processes jointly with MSQ and TMR to upgrade facilities at Albert / Thomas Steet (Noosaville) Boat Ramp, Hilton Esplanade ORDINARY MEETING MINUTES 15 JUNE 2023 (Tewantin) Boat Ramp, Lake Street (Tewantin) Boat Ramp and Moorindil Street (Tewantin) Boat Ramp but raise concerns for the unrealistic increase in car and trailer carparking capacity indicated in the Noosa Recreational Boating Facilities Demand Forecasting Study due to traffic, landscape and environmental impact F. Reject the proposed facility at Chaplin Park due to planning, tenure and character impacts on the park G. Note that Council is proposing to initiate a Parking Study in FY23/24 that will include examination of car and trailer parking at and near to boat ramps to examine additional measures to manage capacity through contemporary parking demand management techniques, and that the outcomes of this study should inform any consideration of future boat ramps. 6.1. 132007.12.9 - MINOR CHANGE TO EXISTING APPROVAL FOR MATERIAL CHANGE OF USE, TO INCREASE THE USE AREA FOR A COMMUNITY USE - EDUCATION - TYPE 3 ADULT (ADMINISTRATION ONLY) AND INCLUDE BUSINESS USE OFFICE TYPE 3 - VETERINARY SITUATED AT 88A & 90 GOODCHAP STREET, NOOSAVILLE That Council note the report by the Development Planner to the General Meeting 12 June 2023 regarding Application No. 132007.12.9 to make a minor change to an existing approval for Material Change of Use Commercial Business - Type 1 Office, Type 2 Medical, Education - Type 3 Adult, Retail Business - Type 1 Local & Type 2 Shop and Salon, Entertainment and Dining Business – Type 1 Food and Beverage, situated at 88a & 90 Goodchap Street, Noosaville and: A. Approve the change. B. Amend conditions 1, 12 & 13 as outlined in Attachment 1 - proposed amended conditions. C. Include additional conditions as outlined in Attachment 1 - proposed amended conditions. D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. 6.2. NOOSA BIOSPHERE RESERVE FOUNDATION ANNUAL REPORT 2021-22 AND OPERATIONAL PLAN 2023/24 That Council note the report by the Environment Services Manager (Acting) to the General Committee Meeting dated 12 June 2023 regarding Noosa Biosphere Reserve Foundation (NBRF) Annual Report 2021-22 and Operational Plan 2023-24 and: A. Note the Annual Report and audit of Financial Statement 2021-22 received from NBRF as provided in Attachment 1; and B. Note the Operational Plan 2023-24 and Funding Request received from NBRF as provided in Attachment 2. 6.3. ENCROACHMENTS POLICY AND ORGANISATIONAL PROCEDURES In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Amelia Lorentson, inform the meeting that in considering the encroachment policy and managing any perceived conflict of interest, members of my family have had encroachments in the past and there may be encroachments on public land that I am not fully aware of. To manage any perceived conflict of interest in relation to the matters I believe it prudent to declare a conflict of interest in relation to the consideration of this policy and as such, exercise an 'abundance of caution'. I also note the legal advice received from King & Co, that the Draft Policy does not ORDINARY MEETING MINUTES 15 JUNE 2023 constitute a 'planning scheme', as defined, and therefore does not come within the ambit of the 'ordinary business matter' exemption contained in section 150EF(1)(b) of the Local Government Act 2009. I will now leave the room and not participate in the discussion. Cr Lorentson left the meeting (via Teams) In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a prescribed conflict of interest in this matter: I, Cr Finzel, inform the meeting that I have a prescribed conflict of interest in this matter as on 5 March 2020, Mr Peter Butt who I believe is an Executive Member of the Eastern Beaches Protection Association who were submitters to the Eastern Beaches Foreshore Management Plan which addresses management issues relevant to encroachments. Peter Butt donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a group known as '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 (via Teams) In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments Policy. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA were amongst the many that submissions requesting council address illegal encroachments. I nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy, however I make this declaration out of an "abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. CEO Larry Sengstock assumed the Chair for the purposes of dealing with conflict of interest by Cr Wilkie. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither Cr Wilkie nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest. For: Cr Joe Jurisevic and Cr Tom Wegener Against: Cr Clare Stewart Carried (Cr Wilkie or Cr Stockwell did not vote on the above motion) Cr Wilkie assumed the Chair. 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 would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments Policy. In early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA has made submissions requesting council address ORDINARY MEETING MINUTES 15 JUNE 2023 illegal encroachments. Neither I nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy however I make this declaration out of an "abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener 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 neither Cr Stockwell nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy 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) Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That Council note the report by the Environment Officer - Coastal Management to the General Committee meeting dated 12 June 2023 regarding encroachments into Council-managed land, and: A. Approve the Encroachments Policy and Operational Procedures for implementation as attached to this report Attachment 1 and 2; and B. Consider a funding allocation for implementation of the Encroachments Policy and Operational Procedures as part of Council’s 2023/24 budget deliberations; and C. Develop a clear implementation plan, outlining education, awareness and communication materials to be developed to support community understanding and implementation of the policy. Carried Unanimously. Cr Lorentson and Cr Finzel returned to the meeting. 6.4. CONTRACT NO. CN00338 - SUPPLY, INSTALLATION, COMMISSIONING & MAINTENANCE OF AN EPS THERMAL COMPACTION UNIT That Council note the report by the Waste Project Manager to the General Committee Meeting dated 12 June 2023 and Award Contract No. CN00338 - Supply, Installation, Commissioning & Maintenance of an EPS Thermal Compaction Unit to IS Recycling Pty Ltd under a lump sum contract for $227,000 (GST Exclusive) which includes a 12 month servicing and maintenance period. 6.5. FINANCIAL PERFORMANCE REPORT – MAY 2023 That Council note the report by the Manager Financial Services (Acting) to the ORDINARY MEETING MINUTES 15 JUNE 2023 General Committee Meeting dated 12 June 2023 outlining May 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. 6.6. 2023-2024 FEES AND CHARGES That Council note the report by the Manager Financial Services (Acting) to the General Meeting dated 12 June 2023 and pursuant to sections 97, 98 and 262(3)(c) of the Local Government Act 2009, fix, for the 2023-24 financial year the cost-recovery fees and commercial charges provided as Attachment 1 to the report. 6.7. APPOINTMENT OF 2024 SHOW HOLIDAY That Council note the report by the Chief Executive Officer (Acting) to the General Committee Meeting dated 12 June 2023 and request the Chief Executive Officer to apply to the Office of Industrial Relations for the appointment of Friday, 13 September 2024 as a Special holiday for Noosa Shire. 6.8. APPOINTMENT OF AUDIT & RISK COMMITTEE EXTERNAL MEMBER That Council note the report by the Executive Officer, Office of the Chief Executive Officer and Mayor to the General Committee Meeting of 12 June 2023 in relation to the vacancy for an external member on Council's Audit and Risk Committee and: A. Appoint Ian Rushworth as an external member of the Audit and Risk committee for a term of 2 years commencing 27 June 2023; and B. Note that the membership of the Audit and Risk Committee will be reviewed following the completion of an independent review of effectiveness of the Audit and Risk Committee. 6.9. 2022 DELEGATIONS OF AUTHORITY ANNUAL REVIEW That Council note the report by the Governance Advisor to the General Committee Meeting dated 12 June 2023 and A. Adopt the Register of Delegations – Council to Chief Executive Officer Pursuant to section 257 of the Local Government Act 2009, to delegate the powers of the Local Government outlined in the Register of Delegations provided at Attachment 1, to the Chief Executive Officer of Council B. Further, the CEO be requested to bring forward a further report which reviews the current triggers for development matters precluded from delegation with a view to providing staff with more specific, less subjective, criteria including the results of a workshop which considers amongst other things precluding delegation decisions in the following circumstances: Where a matter relates to 1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a biodiversity or Vegetation Management Act perspective; 2. the disturbance of the habitat of a species listed under the Nature Conservation or Environmental Protection and Biodiversity Acts; 3. an extension of an approval that was made under a Superseded Planning Scheme and/or where there is a resolution of Council to amend the Planning Scheme in a way that is relevant to the approval; ORDINARY MEETING MINUTES 15 JUNE 2023 4. to the removal or substantial alteration to a structure or place of heritage significance identified in Council's Planning Scheme or in an adopted study of Council; and 5. a development where Council has a direct or indirect interest as a result of its involvement in previous or proposed land dealings. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Brian Stockwell That the report of the General Committee Meeting dated 13 June 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 20 July 2023 at 5pm. 13. MEETING CLOSURE The meeting closed at 5.42 pm
Meeting Transcript
Frank Wilkie 00:00.000
Well, we can't engage during the proceedings. We'll be happy to catch up with you after the meeting, if you'd like to. We have three councillors zooming in from Canberra. That's Mayor Stewart, Councillor Amelia Lorentson, Councillor Karen Finzel. And we have all other councillors in attendance. Joe Jurisevic 00:22.349
I'll vote for Nadine of courts for section 254K. Local Government Regulation that Councillor Stewart, Finzel and Lorentson are approved to attend the meeting dated 14 June 2023 by itself. That's a Frank Wilkie 00:33.260
Seconder. Councillor Joe, Councillor Wegener seconded. All those in favour? That's carried unanimously, confirmation of minutes. We have someone to move that the minutes of the Ordinary Meeting held on 18 May 2023 be received and confirmed please. So moved. And seconded by Councillor Lorentson. All in favour? That's unanimous. Have three ayes on the screen. Yep. Aye. Aye. We've got the minutes of the special meeting held on the 22nd of May 2023 that may be received and confirmed. All confirmed. Councillor Jurisevic. I've been a second. Seconded by Councillor Finzel. All in favour? Brian Stockwell 01:15.392
Aye. That's unanimous. Petitions? Councillor Stockwell. Yes, I have a petition here signed by 40 residents of the Noosa Heads in Noosaville area. The petition is entitled 'No car parking /protect green space at Noosa Heads Lions Park. The petitioners suggest Lions Club Tewantin Noosa has been operating as a public park over most of the usable level of grassed area during school holidays. Contrary to the department of resources Noosa park designation, planning scheme, Noosa transport strategy and Noosa Council design principles. The Noosa Council design principles clearly prohibits the conversion of the green space into car parking, page 15. Open space will remain a priority even though for car parking seems limitless. Council should be commended for protecting this important amendment for local residents, both permanent and visiting. Creating additional car parking in the local area is inappropriate, irrespective of the legal taking greens. Of green space. As it puts more pressure on local amenities such as Main Beach, surf breaks and the national park that are already overloved. This is not good for the environment or local residents. There will always be trade, job and congestion issues and this will increase as population increases. Is not an acceptable excuse and there is no evidence to suggest there would be any impact in this regard associated with ceasing car parking in Lions Park. Charitable revenue is not satisfactory reason to convert green space into car parking. It is imperative that state government protect amenity available to local residents and the population impact on the natural environment. Is anyone looking after the interests of Noosa Main Beach local residents, the petitioners ask. I move that the petition be received and referred to the CEO for action. I'll second that. Thank you. Frank Wilkie 03:12.387
Thank you. Any discussion? No further discussion. No notified motions? Do we want to ask a few more questions? Please. No notified motions, presentations, deputations. Move on to consideration of committee reports. Planning & Environment Committee report. Okay. First item, tender consideration plan for the community of Ashley was referred to the General Committee meeting. Climate change response grants round three. Councillor Wegener. Yes. I, Councillor Wegener, Tom Wegener 03:50.439
inform the meeting that I have prescribed conflict of interest in the matter in relation to the application of Permaculture Noosa as I am the president of this association. As a result of our conflict of interest, I will now leave the meeting room while the matter is considered to be loaded up. And voted on. Frank Wilkie 04:13.636
Councillor Wegener. Councillor Stockwell? I'm happy to move as per the General Committee recommendation. I'm happy to second, Mr Chair, do you have any comments or suggestions? I wish to speak to the motion. I need to speak. All in favour? Aye aye that's carried unanimously. Councillor Wegener can come back, please. Thank you. Unknown 04:29.656
Bye. Bye-Bye. Bye. Bye. Bye. Thank you. Frank Wilkie 04:34.900
Next item, 5.3, environment grants, environment project grants round multi-year environment collaborative grants and environment organised asian alliance grants will refer to the general committee meeting. The nursery hold committee summary report. The next item, the planning applications decided by delegated authority was referred to the General Committee meeting. Now we have a general resolution about... Joe Jurisevic 05:01.835
I move that the report of the planning committee dated 6th of June 2023 be received and the recommendations... They're in be accepted, we're dealt with... Except we're dealt with by separate resolution. Thank you Councillor fisvick, we have a seconder. Frank Wilkie 05:17.015
Thank you Chair, thank you Councillor Wegener. In favour? Clare Stewart 05:24.610
Aye. Mr Chair can we just ask, sorry we may have missed the environmental branch, is there a declarable conflict of interest in that matter? Frank Wilkie 05:35.430
They were referred to a General Committee Meeting, so they'll come up after the services and localisation recommendations, that's right. Now I'll now to move on to the Services and Organisation Committee report recommendations. The first one, Maritime Safety Queensland recreational boating facilities demand forecast study, is referred to the General Committee meeting. The next was the request for tenure to establish a new community garden. In lot 11, King Park, Cooran, the Cooran organic garden incorporation. Next was the Regional Arts Development Fund RADF grant recommendations. Councillor Jo. Yes, Councillor Jurisevic, Karan, Karan Joe Jurisevic 06:16.784
Inform the meeting that I have a declarable conflict of interest in this matter due to my involvement as a judge in the great upcycle challenge, who have an application in this RADF grant round. As a result of my conflict of Frank Wilkie 06:27.944
Interest, I will now leave the meeting room on the matter as considered and voted on. Thank you, Councillor Jurisevic. In accordance with Chapter 5B of the Local Government Act 2009, I, Councillor by Wilkie. Informed the meeting that I have a prescribed conflict of interest in this matter, as I am an executive member, the president of Noosa Shire centre, one of the applicants to this round of grant funding. As a result of my conflict of interest, I will now leave the meeting room on the matter as considered and another Chair takes the helm. Larry Sengstock 06:56.526
Okay, I'll take charge of that. I need to adopt a new Chair. Brian Stockwell 07:03.006
I nominate Councillor Wegener as that's Chair. Tom Wegener 07:22.149
Yeah, you may actually have time to. There we we good? So it's now the council resolution for this. SPEAKER_01 07:31.489
I'm happy to move the recommendation as per the committee recommendation. Tom Wegener 07:37.165
Do we have a seconder? Unknown 07:40.285
I'm happy to second. Councillor Finzel? I Don't need to talk to it. All in favour? Aye. Tom Wegener 07:48.365
Thank you. He'll focus in on that side of the table. Unknown 08:09.280
Okay, back to you, Councillor. Frank Wilkie 08:11.620
We're up to, Councillor, a resolution that the council made a report by the committee of development... Tom Wegener 08:18.760
No, we're up to 5.4. Frank Wilkie 08:19.980
5.4? Ah. Community grants... Program, community project grants Round 1 overview. 5.5, community program funding, community project grants Round 1, programs and projects. Councillor Clare Stewart 08:39.511
I, Councillor Stewart, inform the meeting that I have declarable conflict of interest in the application of Katie rose cottages as I have a friendship with the head of fundraising and partnerships, Leigh McCready. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Frank Wilkie 08:55.310
Thank you, Councillor Stewart. I, Councillor Wilkie, inform the meeting that I have a declarable conflict of interest in this matter as I am a member of the Peregian Beach Community House. Now, in an abundance of caution, I will leave the meeting room. Karen Finzel 09:11.670
Excuse me, Mr. whoever's on the Chair. That would be the CEO, yes. I do have a conflict in this matter and it's not been included in the report. Okay. I, Councillor Finzel, wish to declare that I have a conflict of interest in this matter I am a member as Leigh McCready, who is head of fundraising and partnerships on the Katie rose cottages committee, I will now leave the meeting room. Linda has the wording from the previous. Meeting that somehow, if that could be included, you didn't come through with this meeting. I will now leave the meeting room. We'll make that happen. I will now, because she was with me. We've got one more. Yes. Brian Stockwell 10:04.740
How's my memory? I was doing a short wish to declare that I have a declarable conflict of interest as in the 2020 election, I submitted a request for advice from the independent I is it SPEAKER_07 10:25.530
The can I probably could probably find find it for you just in a moment. Can you grab it from the other? Amelia Lorentson 10:31.015
Can we just hold things as long as you can? Larry Sengstock 10:39.675
We haven't actually got a chairperson. Amelia Lorentson 10:42.175
Shouldn't we have made it in the previous meeting at SPEAKER_07 10:44.775
The... No, she wasn't in that meeting. No, Roland was. Brawling waltz. Yeah. He'll be in the report from the General Committee. Amelia Lorentson 10:52.618
He has to be included in committee and General Committee upload. I'll get it. Brian Stockwell 11:11.700
Here we go. I wish to inform the meeting that I had a declarable conflict just in this matter as on the 24th of February, 2020, I saw a review of the, by the independent council election observer as to the public claims of the future Noosa team of which Leigh McCready was publicly identified as the campaign manager. Leigh McCready is the chief fundraiser whatever the Mayor or mentioned. Oh, Katie rose coddick. Do your fundraising and partnerships. That's it. Although I have a declarable conflict of interest I do not believe a reasonable person could have a perception of bias because the ICO review was an advisory service not a statutory process and my queries at the time were in the public interest and neither I nor Mr McCready stood to personally gain or lose from that advice. Therefore I will choose to remain in room however I will respect the decision of the meeting on whether I can remain and participate in the decision Mr Joe Jurisevic 12:00.782
CEO are we able to utilise your services as the Chair of the meeting in the absence of the acting Chair in the Deputy Mayor or do we have to declare a one of the councillors to Chair the meeting at this point I think I can deal with this at this point Larry Sengstock 12:20.171
So I just need to find a wording for the reason why we allowed it to stay so if you look in the General Committee Meeting SPEAKER_01 12:40.580
We need. Mine's on page three of right eight Amelia Lorentson 13:25.120
So I'd like to get someone to... Can we state in the end that the CEO... I'm happy to move that Councillor Brian Stockwell remain in the room and for reasons that I do not believe that a reasonable person would... Believe that there is anything to personally gain or lose for him remaining in the meeting and that a reasonable person would trust that any decisions made by Councillor Stockwell was made in the public interest. Can I have a second to I'm happy to. Joe Jurisevic 14:15.086
Thank you. Any discussion on that? I'm happy to speak to that. The reason we undertake our support in this is consistent with the position that we've held in the past. We hope Councillor Stockwell has a declaration in this nation as regard to his relationship to Ms MacCree. Tom Wegener 14:35.004
Anyone else like to speak to that? Can I put it to the vote? Aye. All those? Carried unanimously and Councillor Stockwell did not vote. Amelia Lorentson 14:47.582
I'll request that Councillor Finzel and the Mayor return back into the room. SPEAKER_01 14:55.522
I'm happy to move the committee recommendation. Amelia Lorentson 15:00.071
I'll take it. Tom Wegener 15:02.931
I'll remain as Chair then. And Karen. Seconded by Jay. Jurisevic? SPEAKER_01 15:17.421
No need to talk to it. Tom Wegener 15:20.761
Anyone else wish to speak to it? Councillor Lorentson? No? Okay. Product of the vote? All in favour? Unanimous. Thank you. So let's bring them back in. Ladies, come back in. That was your call. Thank you, thank you everyone. Thank you. Larry Sengstock 15:59.852
Okay, we're up to... Tom Wegener 16:01.532
5.6.5.6. Frank Wilkie 16:05.292
Community program funding, community project grants, Round 1 infrastructure, 5.7. Community program funding, community project grants, Round 1 events. Community program funding, community project grants, Round 1 equipment. Clare Stewart. Clare Stewart Clare Stewart 16:21.475
Thank you, Councillor Wilkie. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the applicant, Noosa Rugby Union Club, my husband's a member and sponsor of the droopy dolphins, the charitable arm of the club. My son also plays for this club. I also have a declarable conflict of interest in relation to the applicant, Tewantin-Noosa Cricket Club inc. As my son is a player of the Tewantin-Noosa Cricket Club. As a result of my conflict and to be overly prudent, I will leave the room where the matter is decided and voted upon. Thank you, Mr Chair. Frank Wilkie 16:51.139
Thank you, Councillor Stewart. Councillor Lorentson. Councillor Lorentson Amelia Lorentson 16:54.719
informed the meeting that I have a declarable conflict of interest in this matter as my children are members of the Noosa Boardriders association and as a matter of caution, I will now leave the meeting room. Frank Wilkie 17:08.126
We have thank you, Councillor Lorentson. A resolution before us. Joe Jurisevic 17:13.186
I'll move the resolution. Of the council note will note the report by the community development manager of the Services and Organisation Committee meeting dated the 6th of June 2023 and approved Round 1.1.23,233, 24, community community project grants equipment. Invited providing attention to this report. Subject of to funds, sufficient subject funds to funds being allocated in the... Function. And Councillor Jurisevic, we have a seconder. I'd like to be the second. We've Frank Wilkie 17:34.122
Got... Thanks, Karen. We've got Councillor Wegener who's just shaded you. The Councillor Wegener has seconded. We vote on that, please. All in favour? Aye. And Councillor Stewart and Lorentson did not vote. Could they be invited back in, please, Karen? Karen Finzel 17:51.722
Of course, Mr Chair. Frank Wilkie 18:12.080
Okay, welcome back. 7.1, Confidential, not for public release, request to increase the lease area, community housing service limited. 7.2, confidential, not for public release... Telecommunications facility leases in Cooyar Street, Noosa Heads. So moved. Clare Stewart 18:30.700
I'll second. Frank Wilkie 18:32.260
And that was seconded by Mayor Stewart and moved by Councillor DeWisett. All in favour? Aye. That's unanimous. Now we have the General Committee report recommendations. The first one is the tender consideration plan for the community battery. Then is the environment grants, environment project grants, round 18 multi-year environment collaborative grants and environment organisation alliance grants. Then is the environment project grants, environment project grants, round 18 Councillor Stewart. Clare Stewart 19:03.419
Thank you Mr Chair, in accordance with Chapter 5B of the Local Government Act 2009, I Councillor Stewart inform immediately that I have declarable conflict of interest in this matter as Leigh McCready, a Director of tourism and Noosa's at Brent. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on, Frank Wilkie 19:23.719
Thank you. Councillor Stewart. Councillor fintel. Finzel. Karen Finzel 19:26.390
In accordance with the Chapter 5B of the Local Government Act 2009, I wish to inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, Director of Tourism Noosa, was involved with my 2020 election campaign with future Noosa as a volunteer. 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 upon. Frank Wilkie 19:51.742
Thank you, Councillor Finzel. I, Councillor Wilkie, inform the meeting I would like to declare a declarable conflict of interest for this item Noosa for the environmental agents. Education hub grant. In early 2020 I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the Peregian beach community association, the PBCA. The PBCA supports the Peregian beach Bushcare group. The Peregian beach Bushcare group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I nor the PBCA nor the... Peregian beach Bushcare group stand again personally or materially through this grant to the Noosa Environmental Education Hub. I make this declaration out of an abundance of caution given the possible scope and interpretation of current conflict of interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the Joe Jurisevic 21:04.012
Move the council resolution. Can we just move that? The council note the declarable conflict by council of Wilkie and determine that it is in the public interest of the council of Wilkie participates and votes on this matter because council believes that neither he nor all PBCA the PBCA nor bridgham bushcare group stand to gain personally and materially through this grant to NEEH and that it is in the public interest of the council of Wilkie participates and votes on this matter because council believes he's a reasonable person who trusts the final decision is made in the public interest. Larry Sengstock 21:38.664
Okay, can I have a second of that? SPEAKER_07 21:42.824
Sorry, I didn't mean it that sure. Okay. Thank you. Any discussion? Joe Jurisevic 21:48.639
I do sign the grant as consistent with the position we've held through this round of meetings and in previous meetings. Thank you. Larry Sengstock 21:58.179
We have to do that. Okay, so. Anyone else wish to speak? I'll put it to the vote. Anyone? No, I'll put it to the vote. We do have another conflict, so Councillor Stockwell, if you could hold your vote. So this is just Councillor Wegener. Those in favour? And Councillor Lorentson. Councillor Lorentson. Aye. Thank you. Carried unanimously, noting the non-voting of Councillor Wilkie and Councillor Stockwell. I can now have you resume the Chair. Yes, thank you. Councillor Wilkie. Brian Stockwell 22:34.115
I have an almost identical declaration other than the change to the donation amount to $500 due to it being out. The recency of Read I believe it can be okay to take it as Read. Joe Jurisevic 22:45.354
I'll move it that council made the declarable conflict of interest by Councillor Stockwell and determined that it is in the public interest that he participates in both on this matter because council believes neither he nor the PBCA or the british and british bushcare group stand together personally and materially to do this to meet the MEEH and that it is in the public interest that Councillor Stockwell participates in both on this matter because council believes that a reasonable person would trust that the final decision is made in the public interest. We have Frank Wilkie 23:10.506
A seconder please. Councillor Wegener, Councillor Jurisevic if you wish to speak to it. No. Put it to, anybody else? Put it to the vote. All in favour? Aye. That's carried unanimously. Councillor Stockwell will be on the vote. Councillor Stockwell do you have another comment? Yeah I also Brian Stockwell 23:25.018
The meeting that I have a conflict of interest in this matter in relation to the application by the Noosa district landcare due to my long standing connection with the organisation as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Although I have a declarable conflict of interest, I do not believe that a reasonable person could have a perception of bias considering the community nature of this relationship. 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. Joe Jurisevic 23:52.378
I once again move that council note the declarable conflict of interest by Councillor Stockwell and the determinants in the public interest that Councillor Stockwell participates in this matter because council believes that he does not stand to receive a personal benefit or loss in relation to this matter due to the community nature of the relationship with landcare. Therefore a reasonable person would trust the following decision is made in the public interest. Frank Wilkie 24:13.461
I think this one is to do with N-on-double-C. Unknown 24:16.881
No, no, we need to get a seconder. Frank Wilkie 24:19.481
We have a seconder on this. I need a seconder. SPEAKER_07 24:25.392
Okay. Tom downers. Yeah. Frank Wilkie 24:26.892
Cast the thumbs up. Cast the thumb. Speak to it. Cast it. No, yeah. I think we've said it all. Okay. Put it to the vote. Those in favour? That's unanimous. That's a stop or you have yet another? Brian Stockwell 24:41.144
I wish to inform the meeting we have a careful conflict of interest in this matter as of a long-standing relationship with MRCCC as a previous government employee and a local long-term collaborator since 1994. I have in the past had a small consulting contract below the limit for a prescribed conflict and prior to the decorable timeframe. I was up until last AGM council's representative on the committee and in this role I played a role in facilitating and developing... The group's revised catchment strategy. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias... Considering the community nature of this relationship. 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. Joe Jurisevic 25:20.820
Once again, I'll move that council note the declarable conflict of interest by Councillor spike on a term that's in the public interest. To get that thing out of there. Thank you. Councillor Stockwell participates and votes on this matter because council believes that a reasonable person would trust the final decision is made in the public interest. Although he has a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias concerning the community nature of this relationship and vote that Councillor Stockwell can I have a second please? Unknown 25:46.395
I need your second. Thank you Councillor Lorentson. Amelia Lorentson 25:51.455
Only to be consistent with how we have dealt with this matter in the past. Tom Wegener 25:57.735
And I'll conflicts the involvement in the community of the various councillors here. Frank Wilkie 26:05.270
Thank you Councillor Wegener. All in favour? Aye. That's unanimous. One more. Brian Stockwell 26:11.810
Like you asked. I also wish to inform the Mayor that I have a declareable conflict of interest in this matter as on the February 2020 2020 saw a review by the independent council election observer as to the public claims of the future Noosa team of which Leigh McCready was public identified as campaign manager. Leigh McCready is a Director of Tourism Noosa. As though I have a declareable 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 the time were in public interest and neither I the nor Ms McCready stood to personally gain or lose from that advice. Therefore I will choose to remain in the meeting room however I respect the decision of the meeting and whether I can remain and participate in the decision. Joe Jurisevic 26:50.717
I Don't trust for last time the decision is due, I note, I Don't move the resolution that council have had the declarable contribution. Conflict of interest by Councillor Stockwell and determinant is in the public interest of the council, Stockwell participates and votes on this matter because council believes that a reasonable person could not have obsession of bias because the ICEO review was an advisory service not a statutory process and Councillor Stockwell's queries at the time were in the public interest and neither he nor Mr McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust the final decision is made in the public interest. Thank you. We have a second please. I have each second. Thank you Councillor Lorentson. Any discussion. Again, I need to note that this is consistent with the way that we have referred this matter in the past. Thank you. Anybody else? Frank Wilkie 27:37.996
Put into the vote those in favour. Carried unanimously. Oh, sorry. Councillor Stockwell did not vote. He tried to. And we have a resolution before us about the, finally about the grants themselves. I'd like to move the council resolution. Thank you, Councillor Jurisevic. Do we have a seconder? I have a seconder. We have a seconder, Councillor Stockwell, which states the grants resolution. Thank I'll put it to the vote. Those in favour? Aye. That's unanimous. Now we... Thank you. We now come to the planning application... Can you bring them back into the room? I'd like Greg, Councillor Finzel and Councillor Stewart to return back to the room. Just in time for another conflict of interest thank you. Welcome back everybody, councillors Stewart and Finzel were up to the planning applications decided by delegated authority. Clare Stewart 28:52.160
Thank you Mr Chair Councillor Stewart and Councillor Finzel. Thank you Councillor Wilkie. In points of chapter 5 being the Local Government Act 2009, I Councillor Stewart inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by properties number 9, prychee limited TTE which is listed as item 17 in this report and I have a friendship with Lee and Rob McCready who are associated with the applicant. As a result of my conflict of interest I will now leave the meeting where the matter is considered and voted on. Thank you, Ms. June. Karen Finzel 29:30.280
Councillor Faisal? Thank you, Mr Chair. In accordance with Chapter 5B of the Local Government Act 2009, I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by altam properties no. 9PLTTE which is listed as item 17 in this report. Associated with the applicant was involved in a volunteer capacity for 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. Thank you Mr Chair. And Amelia Lorentson 30:19.191
Councillor Finzel. I, Councillor Lorentson, informed the meeting that I had a declarable conflict of interest in regards to item 11 of the delegated authority report due to my personal relationship with the applicant mark Bain and the Bain family who are family friends. We have attended social events together and our children have attended school together. As a result of my conflict of interest I will leave the meeting room while the matter is considered and voted on. Brian Stockwell 30:49.393
Thank you Councillor Lorentson. Yes I wish to inform the meeting that I have a declarable conflict in this of interest matter in relation to the applicant by application by ultimate properties number nine which is listed as item 17 on the report and I believe as I've just recently declared it's with my association with Leigh McCready and it's identical what I just Read out so I'll take that as being Read. Joe Jurisevic 31:12.642
And for the jurisdiction, once again I declare, I'll move that council notes the declarable conflict of interest by council Stockwell and determine if it's in the public interest that council Stockwell this participates and votes on 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 council Stockwell's queries at the time were in the public interest and all he, not Ms. McCready, sought to personally gain or lose from that advice, and therefore a reasonable person would trust the final decision he's made at the moment. Second please, Councillor Wegener. Councillor Jurisevic. For all the aforementioned reasons, all right, I'll put it to the vote. All in favour? That's carried unanimously. And Councillor Finzel, Lawrence, and Stewart, and Stockwell, do not vote, because they're not in the room. I'll move that the council vote to a report by the manager of development and assessment to the Planning & Environment Committee, dated the 6th of June 2023, regarding planning applications being decided by delegated authority. SPEAKER_01 32:16.245
Point of order. Yes. Thank I think we're missing... Oh, sorry. You alright? Yeah. Is that the right resolution for this item? Yes, because that was the, it was all about the planning. Frank Wilkie 32:27.856
Delegated authority. SPEAKER_01 32:30.896
Is that what you were reading there? Amelia Lorentson 32:33.556
Yeah I think I might have misread it. Frank Wilkie 32:37.056
So that was carried unanimously. Seconded by Councillor Wegener. All in favour? And that's carried unanimously. I'll be bringing in the next one. And so how do we get the other councillors back in the room? Have to text them. Text them please. Unknown 32:56.725
I can do that. That might work. Thank I'll message them. You. Okay, Frank Wilkie 33:18.447
We're up to item 5.4. Maritime Safety Queensland recreational boating facilities demand forecast study 2022. Item 6.1 minor change to existing approval for Material Change of Use to increase the use area for community use education type 3 adult include business use office type 3 veterinary situated at 88 A and 90 Goodchap Street, Noosaville. 6.2, This is the biosphere reserve foundation annual report 2021-22, an operational plan. 6.3, encroachments, policy and organisational procedures. Councillor Lorentson. Amelia Lorentson 33:58.383
I, Councillor Lorentson, inform the meeting that in considering the encroachment policy and managing any perceived conflicts of interest, members of my family have had encroachments in the past and there may be encroachments on public land that I am not aware of. Perceived fully to manage any conflict of interest in relation to the matters, I believe it is prudent to declare a conflict of interest in relation to the consideration of this policy. And as such, exercise an abundance of caution. I also note the legal advice received by council from King & Co. That the draft policy does not constitute a planning scheme as defined and therefore does not come within the ambit of the ordinary business matters exemption contained in section 150E- f 1 v of the Local Government Act 2009. I will now leave the room and not participate in the discussion. Frank Wilkie 34:58.609
Thank you, Councillor Lorentson. Councillor Finzel. Karen Finzel 35:01.029
Thank you, Mr Chair. In accordance with chapter 5 of the Local Government Act 2009, I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in this matter as I... 5th of March 2020, Mr Peter Butt, who I believe, who is an executive member of the eastern beaches protection association, who was submitted to the Eastern Beaches Foreshore Reserves Management Plan, which addresses management... Issues relevant to the encroachments. Peter Butt donated $1,666.66 to my 2020 election campaign, where I was one of that ran as a group known as 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. Thank you Mr Chair. Frank Wilkie 35:57.496
Thank you. Councillor Finzel. I would like to declare a declarable conflict of interest for item 6.3, Shire-wide encroachment policy. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the president of the Peregian Beach community association, PBCA. The PBCA were among many that requested council address illegal encroachments. I know the PBCA stand to gain personally or materially through the introduction of this Shire-like policy. However, I make this declaration out of an abundance of given the possible scope and interpretation of conflict-of-interest rulings. I believe I can make an impartial decision in the public interest in this manner and leave it to the meeting to determine whether I stay in the room. Larry Sengstock 36:47.200
So I'm going to take the again. I'd like someone to move. Joe Jurisevic 36:57.050
I'd like to move. The council note the declared or conflict reduced by Councillor Wilkie and determines that it's in the public interest that Councillor Wilkie participates and votes on this matter because council believes that not Councillor Wilkie, the PBCA, or all the BBCAs standing in person and materials should be the introduction of this Shire-wide policy and therefore a reasonable person would trust that the final decision is made in the interest. Any discussion? I need to again further this is being consistent with how we have dealt with this matter through this process. Larry Sengstock 37:32.807
Anybody else? No? Then I'll put it to the vote. All Stewart. Against. Sorry, all those in favour? Councillor Jurisevic, Councillor Wegener. Those against? Against. Councillor Stewart. Thank you, Brian Stockwell 37:57.798
I would like to make the same declaration as Councillor Wilkie just made, which is a change to the amount to $500, otherwise I'd like to take it as it's Read. Joe Jurisevic 38:08.207
Once again, I'll move that council make the declaration of $150 of interest by Councillor Stockwell and determine it's in the public interest that Councillor Stockwell participates in votes on this matter because council believes that not the council, Stockwell nor the PBCA stand to gain personally or materially through the introduction of the Shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest. Can we have a second please? Councillor Wegener? Anyone in discussion? Again, I need to acknowledge that it's consistent with how we've voted on this matter throughout this crisis. Okay, put it to the vote. Votes favour? Frank Wilkie 38:41.434
As those in that's unanimous. Yes. Councillor Stockwell did not vote on the matter. I'm happy to move the recommendation. I'm happy to second it. I'll second it. Seconded. Councillor Stewart. Councillor Stewart, seconded. Thank you. Any discussion? Tom Wegener 38:59.941
Quickly. Frank Wilkie 39:01.241
Councillor Wegener. Tom Wegener 39:02.581
This is an incredible piece of legislation going through council. The most far-reaching, in my opinion, so far during our, well, maybe not since the planning scheme, but number two as far as what we voted on in this council. Frank Wilkie 39:16.121
And Councillor Wegener. Any other discussion? Do you wish to close, Councillor Stockwell? No. Okay. Put it to the vote. Those in favour? Yes. Carried unanimously. May Councillor Lorentson and Finzel come back, please. Welcome back. We're up to 6.4 contract number CN00338, supply, installation, commissioning and maintenance of an EPS Thermal Compaction Unit 6.5, acceptance of the Financial Performance Report for May 2023.6.6, 2023-2024, Fees and Charges. 6.7, appointment of two, uh, 2020. The 2024 show... Friday the 13th of September 2024.6.8, appointment of Audit and Risk Committee external member. 6.9, 2022, delegations of authority annual review. Joe Jurisevic 40:27.136
Mr. General member, the report of the General Committee Meeting noted the 13th of June 2023 be received and the recommendations therein be adopted. We're dealt with by a separate resolution. Frank Wilkie 40:36.654
That's the claim of the council of the provinces of the State I'm happy to second. Councillor Stockwell. Any discussion? No.. I'll put the vote. On all in favour? The title. Everyone in Canberra is in favour? That's a good sign. There's no confidential session or public question time. The next meeting will be on Thursday, July 2023 at 5pm. I declare the meeting closed. Thank you everybody for your participation and all the best down in Canberra with the motions at the annual local government conference. Related Noosa Council Meetings
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