Ordinary Meeting

MINUTES

Ordinary Meeting

Thursday, 26 October 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 26 OCTOBER 2023

1. ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Clare Stewart (Chair)
Cr Karen Finzel (attending via Microsoft Teams)
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Brian Stockwell
Cr Tom Wegener (attending via Microsoft Teams)
Cr Frank Wilkie

EXECUTIVE
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Acting Chief Executive Officer Larry Sengstock
Director Strategy and Environment Kim Rawlings (attending via Microsoft Teams) Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That in accordance with Section 254K of the Local Government Regulation, Crs Finzel & Wegener are approved to attend the Meeting dated 26 October 2023 via Microsoft Teams.
Carried unanimously.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow Council to thank and acknowledge the bravery of Landen Smales, Kaiden Smales and Micaela Guacci who recently risked their own lives, saving two swimmers caught in a dangerous rip at Alexandria Bay.
Carried unanimously.

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That Standing Orders be resumed.
Carried unanimously.

2. CONFIRMATION OF MINUTES
ORDINARY MEETING MINUTES 26 OCTOBER 2023

2.1. ORDINARY MEETING 21 SEPTEMBER 2023

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 21 September 2023 be received and confirmed.
Carried unanimously.

2.2. SPECIAL MEETING 3 OCTOBER 2023

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
The Minutes of the Special Meeting held on 3 October 2023 be received and confirmed.
Carried unanimously.

3. MAYORAL MINUTES

Nil.

4. PETITIONS

4.1. PETITION: OBJECTION TO THE NOOSA RIVER CATCHMENT
MANAGEMENT PLAN

Refer to Attachment 1
Council Resolution
Moved: Cr Clare Stewart
Seconded : Cr Frank Wilkie
That the petition with 207+ signatories objecting to the Noosa River Catchment Management Plan be received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.

4.2. PETITION: STOP NOOSA RIVER TURNING INTO A CONSERVATION PARK

Refer to Attachment 2
Council Resolution
Moved: Cr Amelia Lorentson
ORDINARY MEETING MINUTES 26 OCTOBER 2023

Seconded : Cr Clare Stewart
That the petition with 2400 signatories submitted by Bailey Atley objecting to the Noosa River Catchment Management Plan be received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.

5. NOTIFIED MOTIONS

Nil.

6. PRESENTATIONS

Nil.

7. DEPUTATIONS

7.1. DEBRA WALZ
TOPIC: ABACUS PROJECT

11. PUBLIC QUESTION TIME

11.1. NICK COOKE

Question 1.
I made a deputation to council at the Ordinary Meeting dated Thursday 21st September 2023 highlighting numerous issues with the council’s community consultation and processes regarding the Pomona Placemaking Study, calling for it to be suspended until the issues could be reviewed and remedied. Can council confirm or deny that they have since investigated the issues made known to them at this deputation?

Response by Kerri Contini, Director Community Services
Council acknowledges Mr Cooke's ongoing interest in the Pomona Place Project. Your interest is shared by the Pomona community as shown through the high level of engagement through the first phase of the Place project. The Pomona Place Project is a pilot project working in collaboration with our community to develop a holistic vision and plan for the future of Pomona. The location of Pomona was selected for the pilot given the strong community connection within Pomona residents, the high level of positive relationships between community organisations and importantly the interest expressed from Pomona residents in being selected as the pilot site.
As it is a pilot, Council's Place team are continually taking on board feedback regarding the pilot and adapting the program to meet community and Council needs. This is an important part of a pilot process and as such any feedback provided by yourself and other community members has been genuinely considered and modifications to the program have been made. The learnings
ORDINARY MEETING MINUTES 26 OCTOBER 2023

from this pilot will help develop a model for any future place programs.
In relation to your request to suspend the Pomona Place program, Council will not be suspending the program. The first phase of the community engagement which lasted seven weeks has been very successful with high levels of participation across the numerous activities. This has resulted in over 250 survey responses, over 240 people providing input through community pop-ups, detailed community submissions and other contributions. For Pomona's population of just under 3,000 this is a highly statistically significant response.
The community are keen to see the outcomes of the engagement as well as the next phase of the project to develop a draft plan prior to the second phase of community engagement when the draft plan is released therefore the project will proceed as planned

Question 2.
Will Noosa Council categorically confirm that they will not ban, suspend or restrict powered vessel access (including vessels powered by internal combustion engine) to any part of Noosa River now or into the future?

Response by Larry Sengstock, Acting Chief Executive Officer
Council does not have the authority to ban powered vessel access to the river and does not seek to gain this authority. There is no proposal to prevent powered vessels from accessing the river, in fact Council is working with Maritime Safety Queensland (MSQ) to identify suitable upgrades to boating facilities.

For two years Council and the former Noosa River Stakeholder Advisory Committee, comprised of 14 members representing the commercial and recreational fishing and boating sectors, conservation and Natural Resource Management, commercial operators on the river and the tourism sector, worked with MSQ to introduce a 28-day anchoring limit in any financial year to reduce congestion and improve the river’s amenity, which is anticipated to be considered by the Minister for Transport and Main Roads next year. This was a major achievement and outcome of the Committee.

11.2. JULIE WATSON

Question 1.
What is the procedure if you go ahead with the conservation park over the river if a future council want to change the parameters that you set?

Response by Larry Sengstock, Acting Chief Executive Officer
Any council can consider the decisions of a previous council and revisit those decisions, policies and strategies adopted by that council.
In relation to the issue of the conservation park consideration, it is important firstly to understand this Council is not going ahead with a Conservation Park, this Council is considering a Noosa River Catchment Plan that includes an action to consider a Conservation Park. Consideration of a Conservation Park would be a lengthy and comprehensive process and requires number of steps including public consultation and a detailed feasibility assessment of natural, cultural and socio economic values of the river. If this were to proceed this process would take some time before any future Council considered going ahead with a Conservation Park over parts of the river.
ORDINARY MEETING MINUTES 26 OCTOBER 2023

Question 2.
Who will compensate everyone that will lose income?

Response by Larry Sengstock, Acting Chief Executive Officer

As mentioned above a comprehensive assessment and consultation is required as part of any consideration of a Conservation Park over parts of the river

11.3. HAYLEY HASS

Question 1.
What specific role and/or involvement does the SEQ Council of Mayors Resilient Rivers Initiative have in the formulation and/or execution of the Noosa River Catchment Management Plan?

Response by Larry Sengstock, Acting Chief Executive Officer
Council of Mayors South East Queensland (COMSEQ) has indicated its South East Queensland Waterways and Wetlands Investment Strategy, which Council provided input to, is likely to be endorsed by the Resilient Rivers Taskforce in December.

Council has formulated the Noosa River Catchment Management Plan taking into account the framework for Catchment Action Plans already endorsed by other Councils. Catchment action plans can be developed by Councils, or the Resilient Rivers Initiative in partnership with Council and key stakeholders.

If Council has an existing plan for its catchment it will expedite funding decisions, but the absence of one will not preclude funding for projects, simply delay it until a plan is developed.

COMSEQ’s strategy includes a multi criteria analysis for potential projects and sets a vision for funding for the future of the region’s waterways and wetlands.

COMSEQ has invited Council to put forward high priority projects. Funding for projects is not guaranteed however co-contributions for projects which utilise good science and engineering will be well-received.

Question 2.
Can council please outline what community consultation occurred before Noosa Council decided and/or resolved to join the SEQ Council of Mayors?

Response by Larry Sengstock, Acting Chief Executive Officer
The decision to join the SEQ Council of Mayors was made at the Council Meeting on 16 September 2021. The decision to join COMSEQ has already proven to be advantageous to the shire of Noosa with the access to a range of funding opportunities that Noosa Council would not ordinarily have access to. With the advent of the 2032 Olympic Games it is important to have a seat at the table to be aware of, and utilise opportunities as they emerge.
ORDINARY MEETING MINUTES 26 OCTOBER 2023

8. CONSIDERATION OF COMMITTEE REPORTS

8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 10 OCTOBER 2023

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Tom Wegener (Chair)
Cr Karen Finzel (via Microsoft Teams) Cr Clare Stewart
Cr Brian Stockwell

NON COMMITTEE MEMBERS
Cr Amelia Lorentson

EXECUTIVE
Director Strategy and Environment Kim Rawlings Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. ZERO EMISSIONS NOOSA (ZEN) INC. GRANT FUNDING
AGREEMENT
That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue.

5.2 MCU22/0051 APPLICATION FOR MATERIAL CHANGE OF USE
HARDWARE & TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD,
NOOSAVILLE
That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee for further consideration.

5.3. PLANNING & ENVIRONMENT COURT APPEAL NO. D130 OF 2023 –
APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41
PICTURE POINT CRESCENT, NOOSA HEADS
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D130 of 2023 and agree to defend the appeal.

5.4. PLANNING & ENVIRONMENT COURT APPEAL NO. D153 OF 2023 –
APPLICATION FOR MATERIAL CHANGE OF USE – RELOCATABLE HOME
PARK (COMMUNITY AND AFFORDABLE HOUSING – 32 DWELLINGS) AT
55 AND 70 CARPENTERS RD COOROY
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D153 of 2023 and agree to defend the appeal.
ORDINARY MEETING MINUTES 26 OCTOBER 2023

5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D133 OF 2023 –
APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
SEAVIEW TCE, SUNSHINE BEACH
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D133 of 2023 and agree to defend the appeal.

6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
AUGUST 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 No. 28 OPW23/0077 in the list of applications in the report, as I have a close personal friendship with Jane Margaret Blake. 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.
Cr Wilkie assumed the Chair.

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 10 October 2023 regarding planning applications that have been decided by delegated authority.
Carried unanimously.

Cr Stewart returned to the meeting and resumed the Chair.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That the report of the Planning and Environment Committee meeting dated 10 October 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 10 OCTOBER 2023

ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Joe Jurisevic
Cr Clare Stewart
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Cr Tom Wegener
ORDINARY MEETING MINUTES 26 OCTOBER 2023

EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Acting Director Infrastructure Services Shaun Walsh
APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. FINAL WASTE PLAN 2023 - 2028
That Council note the report by the Manager Waste and Environmental Health to the Services and Organisation Committee Meeting dated 10 October 2023 and adopt the From Waste to Resource Waste Plan 2023 – 2028.

5.2. ENDORSEMENT OF NOOSA LOCAL DISASTER MANAGEMENT PLAN
2023
That Council note the report by the Disaster Management Officer to the Services & Organisation Committee Meeting dated 10 October 2023 and:
A. Repeal the Noosa Local Disaster Management Plan 2018;
B. Adopt the Noosa Local Disaster Management Plan 2023 as provided at Attachment 1 to the Endorsement of the Noosa Local Disaster Management Plan 2023 report; and C. Devolve responsibility for updating and approving the operational Sub-Plans of the Local Disaster Management 2023 to the Noosa Local Disaster Management Group.

5.3. NOOSA SHIRE COUNCIL SOLE AND SPECIALISED LISTS
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 as my husband, Chris Lorentson, is an employee of Page Furnishers Pty Ltd who are proposed to be included on the Specialised Supplier List. 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.

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Procurement and Contracts Advisor to the Services & Organisation Committee Meeting dated 10 October 2023 and A. Adopt the amended Sole Supplier list provided at Attachment 1 of the report for the next twelve (12) months; and B. Adopt the amended Specialised Supplier list provided at Attachment 2 of the report for the next twelve (12) months.
Carried unanimously.

Cr Lorentson returned to the meeting.

5.4. COUNCIL MEETING SCHEDULE – JANUARY TO MARCH 2024
ORDINARY MEETING MINUTES 26 OCTOBER 2023

That Council note the report by the Chief Executive Officer (Acting) to the Services & Organisation Committee Meeting dated 10 October 2023 and approve the Council Meeting schedule for January-March 2024 as set out in Attachment 1 to the Report.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That the report of the Services and Organisation Committee meeting dated 10 October 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

8.3. GENERAL COMMITTEE REPORT - 23 OCTOBER 2023

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Clare Stewart (Chair) Cr Frank Wilkie
Cr Karen Finzel (via Microsoft Teams)
Cr Amelia Lorentson
Cr Brian Stockwell (via Microsoft Teams)

EXECUTIVE
Acting Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings (via Microsoft Teams) Director Development and Regulation Richard MacGillivray

APOLOGIES
Cr Tom Wegener
Cr Joe Jurisevic

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1 ZERO EMISSIONS NOOSA (ZEN) INC. GRANT FUNDING AGREEMENT
(REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10
OCTOBER 2023 - ITEM 5.1).

That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Zero Emissions Noosa (ZEN)Inc and:
A. Authorise the Director Strategy and Environment to execute the Partnership Agreement 2023-2026 provided at Attachment 1 to the Report; B. Authorise the Director Strategy and Environment to make minor changes to the Partnership Agreement 2023-2026 prior to execution; C. Note the annual funding contribution will be determined at annual budget considerations.

5.2 MCU22/0051 APPLICATION FOR MATERIAL CHANGE OF USE
HARDWARE & TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD,
NOOSAVILLE (REFERRED FROM PLANNING & ENVIRONMENT
COMMITTEE DATED 10 OCTOBER 2023 - ITEM 5.2).

Motion
ORDINARY MEETING MINUTES 26 OCTOBER 2023

Moved: Cr Frank Wilkie
Seconded: Cr Clare Stewart
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10th October 2023 regarding Application No. MCU22/0051 for a Development Permit for Material Change of Use - Hardware and trade supplies situated at 178 Eumundi Noosa Road Noosaville and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment 1, with Condition 13, Building Height to read:
"The maximum height of the development must not exceed 10 metres above the ground level, including the exposed portion of the external façade of the building where excavation is undertaken." (refer to Attachment 1 to the Minutes) B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Amendment
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That item C be added to read:
C. That condition 3 and 13 be amended to read as per 2023.10.26 Attachment 3 to the Minutes - MCU220051 - Approved Conditions.
Carried unanimously.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Clare Stewart
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10th October 2023 regarding Application No. MCU22/0051 for a Development Permit for Material Change of Use - Hardware and trade supplies situated at 178 Eumundi Noosa Road Noosaville and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment 1, with Condition 13, Building Height to read:
"The maximum height of the development must not exceed 10 metres above the ground level, including the exposed portion of the external façade of the building where excavation is undertaken." (refer to Attachment 1 to the Minutes) B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. That condition 3 and 13 be amended to read as per 2023.10.26 Attachment 3 to the Minutes - MCU220051 - Approved Conditions.
Carried unanimously.

6.1 MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR
A MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT
515 COOROY NOOSA ROAD, TINBEERWAH

That Council note the report by the Senior Development Planner to the General Committee Meeting dated 23 October 2023 regarding Application No.
MCU22/0209.01 to make a minor change to an existing approval for a Development Permit for a Material Change of Use – Short-Term Accommodation situated at 515 Cooroy Noosa Rd, Tinbeerwah and defer to the
ORDINARY MEETING MINUTES 26 OCTOBER 2023

November 2023 round of Council meetings to allow the application an opportunity to review the assessment report.

6.2 NOOSA WATERS LOCK & WEIR - NEW FEES AND CHARGES FOR
ACCESS DEVICES
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 Noosa Waters Lock & Weir – New Fees and Charges for Access Devices, as I am a resident of Noosa Waters, contribute to the levy and regularly utilise the Noosa Waters lock and weir system. 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.
Cr Wilkie assumed the Chair due to the conflict of interest declaration by Cr Stewart.

Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Graduate Engineer to the General Committee meeting dated 23 October 2023 and endorse changes to the 2023/2024 fees and charges register for Noosa Waters Access Cards to:
A. Noosa Waters Access Card to be changed to Noosa Waters Access Fob with a fee of $90.00 B. Noosa Waters Access Wireless Remote with a fee of $191.00 Carried unanimously.

Cr Stewart returned to the meeting and resumed the Chair.

6.3 FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 23 October 2023 outlining September 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Frank Wilkie
That the report of the General Committee meeting dated 23 October 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

9. ORDINARY MEETING REPORTS

9.1. SUMMARY OF FEEDBACK - NOOSA RIVER CATCHMENT MANAGEMENT PLAN
ORDINARY MEETING MINUTES 26 OCTOBER 2023

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 declarable conflicts of interest in this matter as follows:

 due to my long standing connection with Noosa District Landcare as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Noosa District Landcare is identified as being consulted in the report. 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.
 as I have a long-standing relationship with MRCCC as a previous government employee and a long term 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.
 as Healthy Land and Water have been providing feedback on the draft Noosa River Catchment Plan. In the past I have had a business relationship with this not for profit organisation who I subcontracted to provide GIS mapping support for work I did for Seqwater in my soletrader consultancy 'Watershed Australia'. The business relationship ended in 2020 as I had completed the last contract with Seqwater. I will not likely re-engage Healthy Land and Water as subcontractors as the primary person I worked with has left the organisation. While I declare this past interest for the purposes of clarity, considering the limited nature of their involvement in the development of the plan and further as neither I nor Healthy Land and Water stand to gain any direct material benefit or loss from the adoption, or otherwise, of the plan. I believe a reasonable person would consider that I can consider the matter in a fair and impartial manner.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That Council note the declarable conflicts of interest by Cr Stockwell and determine 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.
For: Crs Jurisevic, Wegener, Wilkie
Against: Crs Stewart, Lorentson, Finzel

Lost on casting vote of the chair.
Cr Stockwell did not vote in the above motion.
Cr Stockwell left the meeting.

Motion
ORDINARY MEETING MINUTES 26 OCTOBER 2023

Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That Council note the report by the Principal Environment Officer - River Strategy & Engagement to the General Committee Meeting dated 18 September 2023 and the further report on summary of submissions to the Ordinary Council Meeting 26 October 2023 regarding the updated Noosa River Catchment Management Plan and; A. Adopt the Noosa River Catchment Management Plan for ongoing implementation, noting some implementation actions will involve further stakeholder engagement and are subject to future budget considerations; and B. Authorise the CEO to make minor changes and edits to the plan prior to finalising, designing and publishing the plan.
C. Note the possible changes in response to feedback outlined in this report as per attachment 1 and consider if Council wishes to support these; and if supported authorise the CEO to make these changes prior to finalising and publishing the plan.
D. That a paragraph be added under ‘Desired Outcomes‘ entitled ‘Anchoring’ that includes Items mentioned such as the proposal to introduce a 28-day anchoring limit in any financial year to reduce congestion and improve the river’s amenity currently being considered by MSQ outlined in the report, considers a review of anchoring sites that do not impact on the natural assets of the river such as oyster reefs, sea grass beds and mangroves, and any other outcomes from the Noosa River Stakeholder Advisory Group or in the proposed actions of the Plan with regards to Anchoring.
E. Further to the explanation of a Conservation Park on page 37 of the plan, the following be included; That the concept of a conservation park requires further public consultation with all key stakeholders, including the Department of Environment and Science, and the general public before deciding whether to proceed further with the concept. This process will clearly outline the proposed purpose of such a management structure, undertake a detailed assessment of current natural, cultural, and socioeconomic values of the river, evaluate any positive and negative impacts of a conservation park and prepare a report for consideration by Council and the State Department of Environment and Science including feedback from the community and other stakeholders; F. That the concept of a Conservation Park must align with the desired outcomes and uses supported by the Noosa River Catchment Management Plan; and G. Authorise the CEO to undertake a process of community and stakeholder consultation on the concept of a Conservation Park for fish habitat areas of the Noosa River which clearly outlines the proposed purpose of such a management structure, outlines other management structure models that have been considered, undertakes a detailed assessment of current natural, cultural, and socio-economic values of the river, evaluates any positive and negative impacts of a conservation park and prepare a report for consideration by Council and the State Department of Environment and Science including feedback from the community and other stakeholders.
ORDINARY MEETING MINUTES 26 OCTOBER 2023

Procedural Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That Council defer consideration of the Noosa River Catchment Management Plan (NRCMP) to enable Council to undertake appropriate and full community and stakeholder consultation on the final Draft NRCMP in 2024 and following this process report back to the July 2024 Council with a final and fully costed
NRCMP.
For: Crs Stewart, Lorentson, Finzel
Against: Crs Jurisevic, Wilkie, Wegener
Carried on casting vote by the Chair.

10. CLOSED SESSION

10.1. COUNCILLOR CONDUCT
COMPLAINT INVESTIGATION

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 have declarable conflict of interest as I am the subject of the investigation in the matter before Council. I will leave the room while the matter is considered and voted on.

Councillor Stockwell left the meeting.

CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That the meeting be closed to the public pursuant to section 254J(3)(e & f) of the Local Government Regulation 2012 for the purpose of discussing legal advice obtained and matters affecting health and safety of individuals regarding Item 10.1 Councillor Conduct Complaint Investigation.
Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That the meeting be re-opened to the public.
Carried unanimously.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
ORDINARY MEETING MINUTES 26 OCTOBER 2023

That Council note the confidential report of the Acting Chief Executive Officer (CEO) to the Ordinary Meeting dated 26 October 2023 and:
A. Pursuant to section 150AG(1) of the Local Government Act 2009 Council finds that:
a. On 12 March 2023 and 13 March 2023, Cr Stockwell engaged in inappropriate conduct by breaching the Code of Conduct for Councillors in Queensland requirement for councillors to treat Council employees with courtesy and fairness by sending emails to persons with allegations that recommendations provided within a Council officer’s report had been in breach or in potential breach of the Council’s Employee Code of Conduct.
B. Pursuant to section 150AH(1)(b)(ii) and (iii) of the Local Government Act 2009, Council formally expresses its disapproval of the inappropriate conduct engaged in by Cr Stockwell and orders as follows:
a. Cr Stockwell is reprimanded for his inappropriate conduct; and b. Cr Stockwell is to attend training or counselling at the Councillor’s expense within a period of 3 months from the date of this order to address the Councillor’s conduct.
Carried unanimously.

12. NEXT MEETING

The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 16 November 2023 at 5.00pm.
13. MEETING CLOSURE

The meeting closed at 7.45pm.