Ordinary Meeting

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. 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. 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);
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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
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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
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(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
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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
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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
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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;
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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. CLOSED 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