Ordinary Meeting - October 2023
Date: Thursday, 26 October 2023 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 02:01:29
Synopsis: River Plan deferred for consultation and costing, Assurances on powered vessels and State role, Planning decisions and appeals, Waste and Disaster plans adopted, Conflicts and reprimand.
Meeting Attendees
Councillors
Clare Stewart Karen Finzel Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
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 AI-Generated Meeting Insight
Key Decisions & Discussions Clare Stewart : Remote attendance for Crs Finzel and Wegener approved under s254K Local Government Regulation (00:00; Attendance & Apologies). Council : Two petitions opposing the Noosa River Catchment Management Plan (NRCMP)/Conservation Park received (207+ and 2,400 signatures) and referred to CEO (07:32–08:30; 4.1–4.2). Public Q&A : Council confirmed Pomona Place pilot will proceed; 250+ surveys and 240+ pop-up inputs cited as statistically significant for Pomona (~3,000 pop.) (25:10–27:55; 11.1). Larry Sengstock : Council cannot ban powered vessels on Noosa River; working with MSQ; 28‑day anchoring limit proposal with Minister in 2024 (28:19–29:17; 11.1–11.2). Council : Planning appeals D130/2023 (Noosa Heads 1→2 lots), D153/2023 (Relocatable Home Park 32 dwellings, Cooroy), D133/2023 (dwelling, Sunshine Beach) to be defended (8.1 Items 5.3–5.5). Hardware/Trade Supplies (Bunnings Trade), 178 Eumundi‑Noosa Rd : Approved with key amendments—max building height reduced to 10m and driveway relocation/landscape treatment to soften bulk; report noted under Planning Act 2016 s63(5) (39:03–45:00; 8.3 Item 5.2). Short‑Term Accommodation : Minor change at 515 Cooroy‑Noosa Rd deferred to Nov 2023 meetings for applicant review (45:33; 8.3 Item 6.1). Noosa Waters Lock & Weir : New fees—Access fob $90, wireless remote $191; Cr Stewart declared conflict and left (46:26–47:10; 8.3 Item 6.2). Waste Plan 2023–2028 : Adopted “From Waste to Resource” (8.2 Item 5.1). Disaster Management : Repealed 2018 plan; adopted 2023 plan; devolved sub‑plan approvals to LDMG (8.2 Item 5.2). Procurement : Sole/Specialised supplier lists adopted; Cr Lorentson declared conflict (spouse employed by Page Furnishers) and left (36:44; 8.2 Item 5.3). ZEN Inc. : Partnership Agreement 2023–2026 authorised; annual funding via budget process (8.3 Item 5.1). Contentious / Transparency Matters NRCMP Deferral : Motion to adopt NRCMP (with added anchoring paragraph and scoped Conservation Park consultation) was procedurally deferred to July 2024 for “full” consultation and full costing, carried on Mayor’s casting vote (01:11:57–01:55:53; 9.1). Brian Stockwell : Declarable conflicts regarding Landcare/MRCCC/Healthy Land & Water; Council vote to allow participation lost on Chair’s casting vote; Stockwell exited for NRCMP item (50:28–01:03:42; 9.1). Community confidence : Gallery packed; multiple councillors referenced “misinformation” and lack of prior consultation on the Conservation Park concept added late to draft (01:14:41–01:54:53; 9.1 and 11.2). Public assurances : Officials repeatedly clarified Council cannot and does not intend to remove powered vessels; Conservation Park is only a concept requiring State partnership and full consultation (28:19–31:14; 01:37:50–01:39:12; 11.1–11.2; 9.1). Abacus Project deputation : Grass‑roots, pay‑it‑forward support model for vulnerable residents spotlighted gaps in homelessness responses and called for Council endorsement/support (08:30–25:10; 7.1). Legal / Risk Confidential conduct finding : Council found Cr Stockwell engaged in inappropriate conduct (Code of Conduct breach re officer allegations); reprimanded and ordered to attend training/counselling per LGA ss150AG, 150AH (01:57:15–02:00:53; 10.1). Meeting closure : Closed session justified under Local Government Regulation s254J(3)(e),(f) for legal advice and health/safety (01:57:46–01:58:42; 10.1). Conflicts framework : Multiple declarable interests managed per Chapter 5B Local Government Act 2009, with recusals and recorded votes (8.1 Item 6.1; 8.3 Item 6.2; 9.1; 10.1). Planning law posture : Several Planning & Environment Court appeals to be defended, reflecting consistent litigation strategy on contested development outcomes (8.1 Items 5.3–5.5). Jurisdictional clarity : River use controls (e.g., powered vessels, anchoring limits) rest primarily with State/MSQ; Council’s plan relies on interagency coordination, mitigating ultra vires risk (28:19–29:17; 11.1; 9.1). Environmental Concerns & River Management Anchoring congestion : Plan to reference 28‑day anchoring limit and review of anchoring sites to avoid oyster reefs, seagrass, mangroves (01:04:02–01:07:37; 8.3 Item 5.2 context; 9.1 motion text). State COMSEQ link : COMSEQ Resilient Rivers strategy may expedite funding if plans exist; Council invited to propose priority projects; funding not guaranteed, co‑contributions favoured (31:36–33:18; 11.3). Conservation Park : Treated as concept only; would require DES engagement, feasibility on natural/cultural/socio‑economic values, and full stakeholder/public consultation before any progression (30:04–31:14; 01:37:50–01:39:12; 9.1). Fish Habitat Areas : Existing State protections allow recreational/commercial/traditional uses; Conservation Park concept stated not to restrict infrastructure access nor motorised vessels (01:14:41–01:19:10; 01:37:50–01:39:12; 11.2; 9.1). Planning Scheme & Development Controls Bunnings Trade Centre : Council aligned approval to scheme’s acceptable 10m height and sought design/landscape measures to reduce bulk/visual impact on gateway corridor (39:36–45:00; 8.3 Item 5.2). Sunshine Beach : Appeal D133/2023 (60 Seaview Tce) to be defended, signaling strict stance on coastal dwelling works (8.1 Item 5.5). Affordable/Community housing : Appeal D153/2023 (Relocatable Home Park, Cooroy) to be defended, indicating scrutiny even for community/affordable proposals against scheme provisions (8.1 Item 5.4). STA : Minor change at Tinbeerwah deferred a cycle for proponent review of assessment (45:33; 8.3 Item 6.1). Community Consultation & Governance Pomona Place pilot : Council declined request to suspend; iterative adaptation cited; high engagement metrics provided (25:10–27:55; 11.1). Consultation adequacy dispute : Councillors split on whether Conservation Park concept lacked sufficient prior exposure; deferral premised on restoring public trust and clarity (01:14:41–01:55:53; 9.1). COMSEQ membership : Decision taken 16 Sep 2021; cited as advantageous for funding and 2032 Olympics interface; no prior community consultation detailed (33:05–33:48; 11.3). Conflicts of Interest Clare Stewart : Declared conflicts on Delegated Applications list (friendship re OPW23/0077) and on Noosa Waters Lock & Weir fees (resident/levy payer/user); left and returned appropriately (36:06–36:16; 46:26; 8.1 Item 6.1; 8.3 Item 6.2). Amelia Lorentson : Declared conflict—spouse employed by Page Furnishers proposed for Specialised Supplier List; left during item (36:44; 8.2 Item 5.3). Brian Stockwell : Declarable interests with Landcare/MRCCC/Healthy Land & Water led to exclusion from NRCMP item on Chair’s casting vote; separate later finding of inappropriate conduct (50:28–01:03:42; 10.1).
Official Meeting Minutes
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. CONFIDENTIAL SESSION 10.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - 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.
Meeting Transcript
Clare Stewart 00:00.000
Good evening everyone. I'd like to acknowledge that we are meeting on the traditional lands of the Kabi Kabi People and I pay my respects to elders past, present and emerging. I note that all councils are in attendance and that Councillors Wegener and Finzel have requested to attend this meeting via Microsoft Teams. To allow this I move that in accordance with section 254k of Local Government Regulation, Councillor Wegener and Councillor Finzel are approved to attend the Ordinary Meeting dated 26 of October 2023 via Microsoft Teams. So seconded Madam Chair. Thank you. All in favour? Carried unanimously. Thank you everyone for attending evening. We have a number of people in the gallery. In fact, I think this is a record. So just a few housekeeping rules. No photographing, no cameras. That is just standard. No recording. And shouting out from the gallery. But we appreciate you being here and thank you for your time and your interest. Could I have the motions? Amelia Lorentson 01:08.050
I'd like to move that the operation of the Standing Orders or any relevant provisions therefore be suspended to allow Council to thank and acknowledge the bravery of Landen Smales, Kaiden and Micaela Guacci, who recently risked their own lives saving two swimmers caught in a dangerous rip at Alexandria Bay. I'll second that. Um thank you Mayor um I want to publicly acknowledge and thank Micaela Guacci and two Noosa locals and professional surfers Landon late sorry, and Kaiden Smales who saved the lives of two swimmers on October 11 2023 at Alexandria Bay. This was an extraordinary rescue and an extraordinary display of bravery by three extraordinary people. I would like to just read the words that was written by one of the rescuers friends who witnessed the rescue. Quote a hero at sea, mika's make his brave act in Alexandria Bay. We want to pay tribute to our friend who displayed exceptional bravery and heroism yesterday by rescuing two individuals who were drowning in Alexandria Bay at the national park. Her name is Micaela Guacci hails from argentina. She's highly trained lifeguard with experience in multiple countries worldwide. On Wednesday afternoon, when we were at the beach, we noticed that the sea was extremely treacherous and turbulent. There were very few people in the water, so we decided not to go in. However a bit later mika who was observing the sea spotted two people in distress and promptly informed us of the situation. Without hesitation she approached the situation. Soon more people noticed the emergency and called for help but she was the only one who could enter the water. There was no one else around and the two individuals grew more desperate with each passing minute. At one point she turned to me and said I'm going in, find some surfers. Although I couldn't see any surfers on the beach. I was paralysed and terror watching my friend risk her life in that situation. Mika entered the water on her own and I rushed to find surfers. Meanwhile mika had reached the two drowning individuals. One of them had some swimming ability the other one was in a state of absolute panic. Mika got closer to the frightened person attempting to calm her down as much as possible and helping her stay afloat and not give up. They were in the water struggling for more than 15 to 20 minutes. During this time they lost sight of in the waves. It was an agonising few minutes. Mika did her best to help them stay afloat despite not having any equipment. Meanwhile I ran to the other end of the beach and after a couple of minutes found two surfers who upon hearing my story sprinted towards the water and into the sea. They reached mika and the drowning individuals at a crucial moment when everyone was exhausted a few minutes later a lifeguard on a jet ski arrived if it hadn't been for all these people story would have had a different ending it was a few minutes of sheer terror and if mika hadn't made the courageous decision to enter the water and assist the outcome would have been very different her decision to risk her life for others and give her all was an explicable act of bravery especially considering the fear she felt entered the water with no certainty that I would find surfers on the beach to assist it was the most desperate moment we've ever experienced they were eternal minutes of making decisions giving their all panic and terror until a few minutes later the lifeguards arrived but if mika hadn't been there the story would have been different in ending one of the rescued individuals had ingested a lot of water and needed assistance with respirator but ultimately they all ended up safe and sound today mika was a hero she literally saved the lives of these two people we also want to express our gratitude the two surfers who joined the rescue efforts those two surfers that were referenced in that account are the amazing smales Landon and Kaiden Smales two locals professional surfers and two very experienced watermen two heroes and two incredibly good humans who helped change the Destiny of actually three exhausted people stuck out at sea I saw both Landon and caden yesterday and they said they were literally shark the riptide was ferocious and they also were concerned with their own life also want to say thank you to the lifeguard on the jet ski he was a senior Noosa lifeguard and local miss Timmy mulder so on behalf of Noosa I Council I would like to pay our tribute to mika lander and kayden thank you for risking your life to save the lives of total strangers mika's friend melania Morales who ran down the beach call Landon to Timmy mulder the SLSQ lifeguard who came with a jet ski and picked up exhausted swimmers thank you and to the swimmers who got caught in the rip we take this opportunity to join you in celebrating life thank you Clare Stewart 06:47.645
Councillors around this table join in their admiration and thanks for the incredible works that those people did that is quite simply remarkable and if there is any follow you want us to do in regard to a formal, a letter or something like that, we're more than happy to provide that Amelia Lorentson 07:03.811
Because that's what we appreciate and thank you. Clare Stewart 07:06.571
I'll move that Standing Orders be resumed. Can I have a second? I'll Thank you Councillor Jurisevic. All in favour? Carried unanimously. Can I please have a mover for the confirmation of the Minutes of the Ordinary Meeting held on the 21st of September. I'll move that Standing Orders be resumed. That's Councillor Jurisevic. I'll second. Thank you Councillor Finzel. All in favour? Carried unanimously. Yes. Tom. I have a mover for the confirmation of the Minutes of the Special Meeting held on the 3rd of October. Thank you Councillor Lorentson and a seconder. I'll that. Vicki that was Stewart seconded. All in favour? Carried. Tom. Yes. Thank you. Carried unanimously. I are have no Mayoral minutes. I have a petition to present. I think there is a couple tonight. This one is a petition with 207 signatories objecting to the Noosa River Catchment Management Plan. I move that this petition be received and referred to the Chief Executive Officer to determine appropriate action. Thank you Mr CEO. Thank you Councillor. All in favour? Lorentson. It. I also have Yeah. Amelia Lorentson 08:15.408
Thank you Tom. I also have petition that I'd like to present to this CEO. The petition is signed by 2,400 supporters requesting that Noosa Council stop Noosa River turning into a conservation park. Clare Stewart 08:30.608
I'll second that. All in favour for that petition? Tom, Karen? Have we lost them? Tom and Karen? Yes. Tom has, thank you. That's carried unanimously. Thank you, Vicky. There are no notified motions. Vicki. Presentations, and we have one deputation. This is Debra Walsh. There's Debra. Hello, Would you like to come up to the podium? Where is the podium tonight? To present your deputation. Just a reminder that you have 15 minutes, Mrs. Walsh, for your deputation. Thank you. We appreciate you taking the time. I'll put the cloth on, okay? Good evening. Debra Walz 09:26.579
My name is Debra and I wish to provide some local information to Council on the abacus project. The aim for this is for people who can afford it to cover the cost of a coffee, tea, juice, cake, ice or someone else who is doing part. It. Those who pay it forward then move beads on the abacus, from one side to the other, to a credit sign. This shows the number of credits available. People who can claim something from the abacus can be someone who's doing this. In between jobs, couch, surfing. The project is not just about homeless it people though, it can be for.org anyone who is doing it tough, someone community who may need that kind of help, simply it is about helping our community. According to recent APS data, there are over 122,000 australians who are homeless. What is the true number of homeless in Noosa? Various numbers are bounced around by Council and community, but who really knows? We all realise the main causes of homelessness being. A lack of social and affordable housing, low rental vacancy rate, unportable rents, domestic and family violence, financial stress, physical health, mental and addiction. Fifteen plus cafes across the Sunshine Coast including three the Noosa Shire are already on board with the abacus project. Some of the comments cafe owners have said include it's so important to have projects like this we need to help out our own. It's sad to see and another one, it's like putting the boot on the other foot if you're the one doing it tough and feel that caring side of human nature because you don't see a lot of that anymore. The abacus project started on July 24th this year by a woman on the Sunshine Coast who passed me an information pack that I used use to help get three more cafes. On board Noosa Shire. This has been rolled out with a great deal of passion and support from various members of the community. You may have seen a segment on channel 7 news Sunshine Coast at the end of August promoting the initiative. There was also a segment on 92.7 news FM with Mike and Carolyn. I didn't tried to encourage our local Noosa Today newspaper polish this as a good news story, but I've had no luck there. The three local cafes here in Tewantin are the paperboy cafe, dusty's kitchen and potter's pantry cafe, you would know them. They are already experiencing the generosity of community paying forward. They also have some heartwarming stories of being able to put people in need and show them we care. The mission statement of this project is to alleviate some of the suffering across our community for just a little moment by paying forward for those in need in the hope that this will make them feel loved and cared for by this modest gesture. There is a Facebook page that promotes all the good news stories this initiative has created, as well as a source of information on how cafes can evolve. Along with the promotional material and advocates we provide to each cafe, we also distribute vouchers in the community for people to redeem their coffee or snack. Many our of local businesses and organisations are supporting this initiative. For example, the op shops, small businesses and the centre of the rain. For the three months this project has been running, it has captured a great deal of interest. However, the homelessness issue not be solved by the access project alone. In fact, this project has served to highlight how significant the homelessness issue really in our Shire. We are concerned community members would like to thank Council also this concern, and I'm sure you do. Council has commissioned various reports including the Noosa Housing Strategy, the housing needs assessment, the Noosa Plan, plus many more over the years, but the problem of homelessness still persists. Persistence. Is it time to listen to community members who clearly are focused on supporting our less fortunate community doers? Focus on that resource within the community and harness this little world? Is it time for Council to support this community initiative and others not necessarily in a financial sense but endorsement or support of the intent of the project? Does Council in their various reports genuinely acknowledge the true values of our community and what they really are? We destination in the physical and environmental sense. We are people, ratepayers, residents, who have an intrinsic need to support our more vulnerable community members. I acknowledge there are funded organisations with a charter to assist the homeless. However, there is a significant gap. One of the reasons why the community has developed the outlookers LVS project is are the reasons to highlight to Council the short fall in adequate and appropriate support for our community members. Is there a coordinated approach in our community to provide support and help to our homeless when people are doing it tough? Is there? I mentioned the housing needs assessment report earlier where it identified a housing emergency. Now this was in 2021. What is the situation now? Anecdotal evidence would suggest the problem has escalated. In 2021, the assessment suggested between 2016 and 2040, Noosa will need to cater for an extra $6,400. ShapingSEQ Regional Plan indicates similar statistics. The Noosa Plan refers to providing a mix of housing types to provide for a diverse community. It mentions delivering social and affordable where do the homeless fit into these plans? Compared to other regions in of SEQ, Noosa has the lowest average annual population growth. How do we focus on this respond to this growth, knowing what the current situation is regarding homelessness? Where will our rates be prioritised? Do we have a specific housing for homelessness strategy or action plan that can address some of these issues? And how can Council build their capacity to respond to homelessness as community-led initiatives? Being homeless is de-statalising, demoralising and depressing. Everything appears as an obstacle which gradually chips away at self-esteem and worth. No one should be homeless in a country as wealthy as Australia. Affordable accommodation should be a right. Our disadvantaged population, generally the homeless, need to be engaged in a system that compels them. For that to occur they must first feel a sense of safety and security within themselves. Discussions with community members has revealed our harness of times of being targeted by local law officers during the night to move on or being issued with fines. This action has been seen to be harassing and intimidating, certainly not enabling and security. Our current model for dwelling, for dealing with homeless people generally includes an outreach component, an entry point to emergency housing or interim housing, then a support system to permanent this sounds great. In reality, it doesn't really work for various reasons, including accessibility, availability of services, hours of operation of service providers, lack of emergency and affairs and funding. I know Council is open to looking at global solutions to local problems, in particular adopting the sustainable development goals through the UN, in particular, STJ-1, 9, going to into it. I'll leave it there. And saying that perhaps it would be useful to look to other countries as examples of how they support their homeless. In finland, which has positioned itself as a global leader in combating homelessness, they basically converted homeless shelters into housing units to create new housing stock with supported citizens. The country that has the lowest level of homelessness is japan at 0.003% and performs 170 times better than Australia. It's not about what countries are doing right, it's more about what we are doing wrong. Is there a potential lesson we can learn from exploring different systems and processes? In reference to affordable housing, the shaping SEQ report indicates a natural approach to the growth of our cities, towns and suburbs. While providing a framework based on clear evidence. To seek a fair share of Federal funding to support our population growth in relation to affordable housing. I believe some of my observations along with community input and expectations should guide how this is expended in our community. The most disturbing cohort. Those people are the over 50. Research by the national seniors Australia and challenger reveals the majority of older australians are increasingly concerned about rising costs of living with four or five reporting have negatively impacted their lifestyle and wellbeing. This is relevant as. Noosa population is ageing. The research revealed 53 are worried about outweighing this ageing. Findings show a general older people's sense of financial resilience and financial security has fallen since the start of the pandemic and the increasing cost of living further undermined long-term planning and financial goals of seniors. The truth about homelessness is that there is a lack of safety nets available for people when they lose their housing. There is also a negative stigma attached to is attached to the homeless. Homelessness is not a choice. It is hard work inflicted on an individual simply because they can't find stable housing. Talking with locals has revealed people can find themselves homeless for a variety of reasons and for a how are we planning for this? From my experience our community has a vibrant socially aware cohort of community members who are very much aware of the issues in our midst. But what to do? Many people simply do not know they can help. Abacus project has provided a tangible, albeit short-term way, but we need more. How where our neighbours, friends, family members and strangers alike face uncertain futures because they don't have a roof over their heads? These are mostly well-functioning, hard-working, valued members of society, often referred to as the working homeless. Can we keep blaming COVID for this misfortune? We know there has been an escalation in the cost of housing and in general living expenses since COVID, but is there perhaps a more sinister agenda happening that is influencing our lifestyles? Perhaps this is a discussion for another time. We need a community-wide coordinated approach. To deliver services, housing and programs. Our current system to help homes is fragmented. The services available at Noosa Shire are disjointed, uncoordinated, mostly phone hotlines, even though the existing services are very well-intentioned, they appear to be working in isolation. With the intellectual public. Believe data is difficult to establish around homelessness. However, I also know there are some amazing people not associated with funding organisations who are aware of the needs of those experiencing homelessness. This is evident by community notice board updates and results of community polls, also the many people involved in the AMICUS advocacy process. Project. If there was to be a coordinated approach, for example, a body made up of community members, they could utilise a framework which enables existing organisations to communicate, share data and resources to maximise all which would result in a system which is truly community focused. Similar to what is identified by Council in the council's Corporate Plan, under number two, liveability, emerging issues, social and affordable housing, 2.1 states facilitate greater housing choice which meets the changing needs of the community, improves liveability and affordability and includes. Partnering to increase provision of it's there. Our council's signature project is to deliver on the Noosa Housing Strategy and the performance measure there is increasing the amount in Noosa. In the section on how community can contribute, it is to provide input on planning scheme amendments and development. Applications in your neighbourhood. The strategy here in relation to social housing and public housing is simple. Establish short or long-term residential use other than crisis care provided as public housing or an entity other than the State. For example, local Council and community housing. The question here is what is council's current. Stock of community housing and does this need to be reviewed? After reading many of council's reports and also the shaping SEQ plan, I get a sense that government is moving towards place-based communities or towns. Noosa Shire is one community which incorporates a lovely mix of villages and towns. We should always try to.maintain that. Integrity rather than dividing our Shire into place-based towns or what is becoming commonly referred to as 15-minute cities or smart cities. If our services to homeless people are to be maximised, our Shire needs to retain its current structure: fluidity between towns and interaction amongst residents. I'd like to refer you back to the APHIS project. Make a suggestion that these cafes be acknowledged for their contribution to a much bigger picture, which is homelessness. If we value honour, integrity, freedom and equality, safety and security, stability and peace, then we must build our systems to make these values a reality. Clare Stewart 24:24.854
Thank you, Mrs. Walsh. Thank you very much. As we do have a logic large agenda tonight, we will be bringing item 11, which is public question time forward. And I believe we have three applications to this evening. So I'll invite you each individually to come up and to the podium. And once your questions are answered. Or have been read and responded to, you're under no obligation to stay. So if you'd like to leave, by all means do, or you're welcome to stay on. So I think the first application is from Mr Nick Cooke. Thanks Mr Cooke. Nick Cooke 25:09.730
Question one. I made a deputation to Council at the Ordinary Meeting dated 1st and 21st of September 23, highlighting numerous issues with the council's community consultation and processes regarding the promoter placemaking study, calling for it to be suspended until the issues can reviewed and remedied. Can Council confirm or deny that they have since investigated the issues made known to them at this Clare Stewart 25:37.311
Our Director Development & Regulation and environment on the line. Oh Kerri, beg your pardon. Sorry Kerri. Here. We've got a few online in a few years. Beg your pardon Kerri. Thank you. Kerri Contini 25:50.444
Thank you Mr Cooke for your question and I acknowledge your ongoing interest in the Pomona Place Project. Your interest is shared the Pomona community. It's shown through the high level of engagement through the first phase of the Place Project. Is a pilot project working in collaboration with our community to deliver a holistic vision and plan for the future of 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 most importantly the interest expressed from Pomona residents in being selected as the side. It is a pilot, the 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. Importantly, the learnings from this pilot will then 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 incredibly successful with high levels of participation across 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 people, 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. And draft plan is released therefore the project will proceed as planned. Clare Stewart 27:53.220
Thank you Kerri, thank you very much. The second application is from Mrs. Nick, you've got two. 2. Beg your pardon, Nick. Sorry, I only had you down for one. Sorry, there you go. Nick Cooke 28:06.817
Question two. Will Noosa Council categorically confirm that they will not ban, suspend or restrict powered vessel access including vessels powered by internal combustion engines to any part of Noosa River now or into the future? Thanks Nick. Clare Stewart 28:21.486
Mr CEO, acting Larry Gillespie. Larry Sengstock 28:24.346
Thank you Mr krupnik. Council does not have the authority to ban powered vessels 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 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 mainland roads next year. This was a major achievement and outcome for the community. Clare Stewart 29:16.312
Thank you. Thanks. You, Mr. CEO. Now we have miss Julie Watson. Hello, Julie. Welcome. Hello. Julie Watson 29:29.720
What is the procedure if you go ahead with the conservation of an area that you park over the river, if a future Council wants to change the parameters that you were setting gentleman's just said you are not going for taking off the motors and everything else what happens if we vote you out the next crew come in you've already got this conservation happening and can they then just quietly change without too much of a problem question Clare Stewart 29:59.116
Thanks Julie see ya so thank you Larry Sengstock 30:03.636
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 conservation park consideration is important firstly you understand this Council is not going ahead with the conservation park considering a Noosa River Catchment Management Plan that includes an action to consider the conservation park. Consideration of would be a lengthy and comprehensive process and requires a 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 Council, future considered going ahead with conservation park over parts of the river. Amelia Lorentson 30:55.200
Thank you. Julie Watson 30:57.720
My next question was, because if this did go ahead, who will compensate anyone that loses their income? Because this goes from boat owners all the way down to cafes. Larry Sengstock 31:11.400
Good. Thank you. I've short answer. As mentioned above, comprehensive assessment and consultation is required as part of any consideration. And that's what it is. It's consultation. Okay? Thank you, Jill. Karen Finzel 31:27.860
The third application is from Ms. Hayley Hass. Oh, hello, Hayley. Clare Stewart 31:32.720
Would you like to come up to the podium? You're well versed. Hayley Hass 31:35.530
Thank role and/or involvement does the SEQ council of mayors resilient rivers initiative have the formulation and/or execution of the Noosa River Catchment Management Plan? Larry Sengstock 31:57.210
COMSEQ, and I'll term, has indicated it's 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. 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 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. Council CoMSEQ has invited to put forward high priority funding for projects is not guaranteed, however co-contributions for projects will utilise good science and engineering and will be well received. Can Council, Council please outline what community consultation occurred before Noosa Council decided and/or resolved to join the SEQ Council of Mayors? Thank you panel. The decision or COMSEQ was made at the Council meeting on the 16th of September 2021. COMSEQ has already proven to be advantageous for the Shire of Noosa with the access to range of funding opportunities that Noosa Council would not ordinarily have access to. And with the advent of the 2032 olympic games it's important to have a seat at the table to be aware of and utilise opportunities as they emerge. Karen Finzel 33:52.325
We are now up to item 8, which is consideration of committee reports. Clare Stewart 33:57.665
8.1, Planning & Environment Committee report, 10th of October 2023.5.1 was referred to the Zero Emissions Noosa ZEN Inc.. Grant funding agreement General Committee. 5.2, application for Material Change of Use hardware and trade supplies at 178 Eumundi Noosa Road, and environment court appeal number D153 of 2023. Application for Material Change of Use, relocatable home park, community and affordable housing, 32 dwellings at 55 and 70 Carpenters Road, Cooroy. Item 5. Planning court appeal number D133 building works for a dwelling house at 60 Seaview Terrace, Sunshine Beach. Item 6.1 planning applications decided by delegated authority. I, Councillor Stewart, inform the meeting that I have a declarable conflict interest in this matter in relation to number 280PW23/0077 in the list of applications in the report, as I have a close personal friendship with Jane Margaret Blake. A result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Thank you, Councillor Wilkie. Frank Wilkie 35:26.796
Thank you, Councillor Stewart. We have a motion to approve the items approved under delegated 30. Moved Councillor Jurisevic to second. Councillor Lorentson, Lorentson. Thank you. Any discussion? I'll put the vote. Those in favour? That's carried unanimously. Don't forget those online. Yes. Thank you. Carried unanimously. Yes. Mayor Stewart, come back. Clare Stewart 36:06.440
Would someone like to move? I'll to group one. Thank you. Moved by Councillor Wilkie, seconded by Councillor Stockwell. All in favour? Except to carry. Karen? Yes. And Thank you, Tom. No, namaste. Thank you. 8.2, Services & Organisation Committee report. 5.1. Final waste plan 2023-2022. To 2028.5 endorsement of Noosa Local Disaster Management Plan 2023. Item 5.3, Noosa Shire Council sole and specialised list. Councillor Lorentson. Amelia Lorentson 36:44.089
I, Councillor Lorentson, inform the meeting that I have a declarable declareable 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 supply list. 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. Same amendment, Chair. Clare Stewart 37:16.840
I'll second that. All in favour? No discussion. Karen yes. Thank you. That's carried unanimously. Vicki, it's all good. Thank you. Thank you. Thanks, Councillor Lorentson. We're up to item 5.4. Council meeting scheduled January to March 2024. Thank you, Councillor Jurisevic. I'll move the resolution that serves as an organisation committee report to be accepted. Thank you. Seconded by Councillor Lorentson. Thank you. All in favour? Karen, Tom. Yes. Carried unanimously. Thank you, Vicky. We are now up to item 8.3, General Committee report. 5.10, emissions Noosa ZEN Inc.. Grant funding agreement. 5.2, MCU 2022/0051, application for Material Change of Use hardware and trade supplies at 178 Eumundi Noosa Road, A procedural motion was moved at the General Committee to defer this matter to tonight's meeting. We have a motion which is shown on the screen that was moved by Councillor Wilkie and seconded by myself. Councillors Councillors Wilkie, Stockwell and Finzel have all spoken to this motion. Karen Finzel 38:44.974
We have also been advised by staff that if this motion is to go ahead we will also need to update condition three. Clare Stewart 38:51.954
Neither Councillor Wilkie nor myself can move amendment as we have moved and seconded the initial motion. So should we have a Councillor move an amendment to add to item C you need to update condition three please. Brian Stockwell 39:03.717
I will move the amendment as recommended by staff. And it will soon be shown on the screen so I can read it out. Is that with regards to the hook? Yes. Thank you. Councillor Stockwell can you read that. Yes, so the amendments are in red. Karen. Karen Finzel 39:41.570
Can we make that larger? So I can read it on the screen please. Clare Stewart 39:46.090
Can you see that Councillor Finzel? Yes, Brian Stockwell 39:49.470
Thank you. Councillor Stockwell So the amendments in condition 3 include that the exit driveway located along the northern boundary is to be relocated off the boundary to provide a garden bed for a length of 15 metres from the front of the site with a minimum planting width of 0.5 metres. The plans are to detail landscape and/or architectural treatments that soften the appearance of the retaining wall and industrial building of the southern elevation of the 13 Vision Court and the second part of that amendment is the maximum height of the building is to reduce such that no part exceeds 10 metres from the natural ground surface levels and finish levels and I believe condition 13 the change is from 12.125 metres to 10 metres. I second that. Thank you. Councillor Jurisevic has seconded it. Finlayson. Councillor Stockwell. I'll talk briefly. The height of 10 metres is an acceptable solution for that particular zone. If applicants can't meet the 10 metres and they need to meet a number of performance outcomes. Some of those performance outcomes I don't believe are met, particularly with regard to not meeting the cut and fill requirements and in general I believe would create a sense of bulk and scale. That would be not in keeping with what the planning scheme is had in mind. The location of the northern driveway is such that it will expose a very blank high wall and above a significant retaining wall. Hence the addition of the requirement to move the driveway slightly to put hopefully some elevated vegetation whether it's a green wall or you know trellises etc to buffer that appearance. I believe that there are opportunities to do redesign so that a largely similar building can be made but it steps up to reflect the topography more which is one of the requirements of the performance outcomes. Clare Stewart 42:08.236
Thank you Councillor would anyone like to speak to this. Frank Wilkie 42:14.799
Thank you Madam Mayor. I'll support the amendment. Basically it's in support of the motion that was moved earlier in the week about reducing Bunnings requests for a 12 metre high building down to one that complies to the planning scheme which allows 10 metres in that area. For those of who don't know we're talking about the block currently adjacent to the existing Bunnings which is heavily treed with stands of mature eucalypt on there and I think it will be already going to be quite a shock to the community when that is just leveled to removal the vegetation and put a 12 metre building there. Ten metres is going to be which is what's allowed under the planning scheme stark enough and the only reason we have heard from by the applicant by the staff for the reason for having it is that this that developed the applicant wants 12 metres rather than 10. There's another similar centre down in maroochydore which gets by with a 10 metre height limit and the staff did try to negotiate a 10 minute with Bunnings but were unsuccessful. They were trying to get a better outcome and were settling on 12 metres which is why they recommended that. The staff wanted 12 but they would have preferred 10 and that's what this motion and amendment is trying to reflect. Clare Stewart 43:38.626
Thank you. Does anyone else like to speak to this? Joe Jurisevic 43:40.726
Councillor Jurisevic. Yeah I'm happy to support this and my understanding is that there are Bunnings trade centres around that don't have 12 metre heights and that they can accommodate the facility within the confines of the planning scheme and the 10 metre height limit. So I'm prepared they will support this. Clare Stewart 43:56.084
Anyone else? Yes, Karen Finzel 43:59.444
Thank you, Through the Chair. Yes, I support these amendments. I think, you know, we've heard the community and we've listened that amenity health and well-being is priority. We want buildings here that are visually designed safe and attractive. This amendment helps towards reducing the bulk and when we've got an entry into the Shire we want to make sure that's heavily treed and that residents living here have a sense of our environment. They are supported through their endeavour to stay within the planning scheme and make sure that we to the best of our ability have compliance to such. So I'm happy to support this. Clare Stewart 44:44.321
Thank you Councillor Finzel. Wegener would you like to talk to this? No thank okay. Councillor Stockwell close? Alright we'll put it to a vote. All in favour? Yes. Thank you. Carried unanimously. Thank you Vicky. That brings us to item 6.1 MCU 20. We'll go back to the original motion. We haven't spoken to it Councillor Wilkie but Councillors has been, Councillor Wilkie you've Stockwell and Finzel have all spoken to it so Councillor Jurisevic and Lorentson would you like to speak it? Councillor Wegener to it? Tom Wegener 45:27.361
No thank you. Frank Wilkie 45:29.861
I don't wish to close Madam Mayor, I think I've said it all. Clare Stewart 45:33.221
Thank you, put it to a vote. All in favour? Yes. Thank you, thank you both. Carried unanimously. Thank Vicki. Item 6.1 MCU 2020 22/0209.01 minor change to a development permit for a Material Change of Use for short-term at 515 Cooroy Noosa Road 10 BOR. Item 6.2 Noosa Waters Lock & Weir new fee and charges for access devices. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the Noosa Waters fees as I'm a resident of Noosa Waters contribute to the levy and regularly utilise system. As a result of my conflict of interest I'll now leave the meeting room while the matter is considered and voted on. Thank you. Frank Wilkie 46:38.280
Okay we have a motion before us about the Council note the report by the engineer and agree to the water access cards. Have to move it. Councillor Stockwell, have a seconder please. Councillor Jurisevic, any discussion? I'll put it to the vote, all in favour? Councillor Finzel? Yes. Councillor Wegener? And that's unanimous. Brian Stockwell 47:08.651
Thank you. Mayor. We didn't change, I don't even want to ask. Clare Stewart 47:14.611
I'm going to take it up with my husband. Alright. Thank you Councillor Wilkie. Financial reports, September 2023. Can I have a mover and a seconder for the adoption? Thank you Councillor Lorentson. I'll second. All in favour? Councillor Wegener? Yes. Karen tong? Yes. Carried you down the sleeve, thank you. Item 9 is reports direct to the Ordinary Meeting. The main act. 9.1 summary of feedback Noosa River Catchment Management Plan. Councillor Stockwell? Brian Stockwell 47:53.169
A few conflicts of interest, I'll wait for it to come up on screen. I wish to inform the meeting that I have a declarable conflict 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. Secondly, as I have a long-standing relationship with the Mayor of the captain of the coordinating committee, MRCCC, a previous government employee and a long-term collaborator since 1994, I have in the past had a smaller consultant contract below the limit of the prescribed conflict and prior to the declarable timeframe. I was up until the last AGM, or maybe two ADMs now, but I live at representative the committee, representative Council on the committee, and in this role I played a role in facilitating the developing of the group's revised catchment strategy. Although I have a declarable conflicts of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. And finally, as Healthy Land and Water have been providing feedback on the drafting of Noosa River Catchment Management 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 sole trader 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 subcontractor as the primary person I worked with has left the organisation. While I declared this past interest for the purpose 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 person would consider, that I consider the matter in a fair and impartial manner. And, oh, that might duplicate a bit. We might take that last, have I done with each one? I believe I can make an impartial decision in the public interest in this matter, and I therefore 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. Clare Stewart 50:28.792
Thanks, Councillor Stockwell. Any questions for Councillor Stockwell? Lorentson. Amelia Lorentson 50:32.912
So, so, Healthy Land and Water, I'm just reading that for the first time. You have a business relationship. Can you explain what your business relationship is? Brian Stockwell 50:47.091
As stated there, I subcontracted them for contracts I was doing with Seqwater. They provided the GIS mapping support over about two or three years. Amelia Lorentson 50:57.031
So, for clarification, do you have a business in consultancy. Brian Stockwell 51:02.266
Yes, as in the declaration, I sole traded consultancy called watershed Australia. Amelia Lorentson 51:11.486
So, watershed consultancy. Can I, Through the Chair, ask a question? Should that be a separate declaration that Councillor Wilkie has a. Councillor Stockwell. Oh, Councillor Stockwell has a business or consultancy called watershed and question. Sorry, two, Through the Chair. Larry Sengstock 51:33.741
So, I don't understand. It's the consultancy relating to this particular. To the right. This particular data. It's not in the guidance there. Frank Wilkie 51:51.909
So I have this translation. What is Watershed's. What is your consultancy's relationship to the Noosa River Plan? That's the matter we're discussing tonight. None. Clare Stewart 52:04.028
Thank you. Can I ask a question? What is Watershed Australia? Can you just tell me a little bit about the consultancy and what it does? Brian Stockwell 52:09.566
It's my business name. I'm a sole trader consultant. Thank you. But what exactly do you provide? Tell us about the services that Watershed provides. What does it exactly do? So, I have a range of expertise. Catchment management and planning, river restoration, town planning. Monitoring and evaluation training, reef-related work, but local food systems. So, generally, if not exclusively, all my work's either done for government agencies or not-for-profit groups. Amelia Lorentson 52:39.324
Thank Councillor Stockwell, I'm on your website at the moment. I note that under consultancy you've actually noted Noosa District Landcare association strategic directions. You've facilitated a strategic planning workshop with staff, committee and members, review results and. Prepare synoptic report that information is available online to the public, is that correct? Brian Stockwell 53:05.219
Yes, sure, and that's part of the declaration if you want to scroll up. Link here it says um uh oh no it's the one on immatricle c yeah that one less than even what we would consider in a declarable conflict, it was a half-day facilitation job and it was quite some time ago. Amelia Lorentson 53:31.790
Not was 2013-14 date I note is actually on the website it appears that you have ongoing consultancy. No that was the only consultancy I did with landcare. In terms again I go back to your website Councillor Stockwell you have extensive experience on river catchment my question is were you involved or had anything to do with the report in front of us? Oh yeah I'm a Councillor at Noosa Shire. Clare Stewart 54:00.157
I'd like to go further to Councillor Lorentson's question. Prior to the report coming to us, did you have any involvement in regard to that? Brian Stockwell 54:08.677
As a Councillor I ask questions, I respond to feedback, I provide suggestions. Have done since 2016. Clare Stewart 54:16.616
You provided suggestions to the staff in regard to the Noosa Plan, is that correct? Amelia Lorentson 54:22.096
Oh yeah. Okay. So did you have anything to do with the inclusion of the conservation? Park? No. Frank Wilkie 54:32.865
I'm happy to move the motion. Which is? Motion that Council note the declarable conflicts of interest by Councillor Stockwell and attorney that Councillor Stockwell participates and votes in this matter because Council believes that a reasonable person would trust that the final decision was made in the public interest and that Councillor stockwell's business interests have no involvement with the Noosa River Plan. He does not stand to gain personally from it. Through the Chair, can I ask a question? You can in a minute. Yes, Councillors, we've declarations had these before with quiz, Councillor Stockwell before. I'm concerned that there's an extra level of inquisitorial cross-examination going on tonight trying draw an unsubstantiated interest between Councillors business interest as a consultant and the formation of the Noosa River Plan. It's trying to cast aspersions, cause confusion and possibly try to knock a Councillor out of a debate and I don't think that's equitable. It's the right way to go considering that we've always, Councillor stockwell's always been open and declared his interest which is the main thing. They're on table. He's not profiting from taking part in this decision about the Noosa River Plan. He hasn't and any inference is improper. Any inference that he has is improper. Clare Stewart 56:05.088
I'll speak to that. Can you move it down please Vicki? Council Stockwell himself today said that the third, help me of the declarations was the first time it's been declared so we haven't actually prosecuted Councillor Wilkie in regard to the declaration is in his own words it's come before us first. What's wrong? Where um, that's correct isn't it Councillor Stewart? Brian Stockwell 56:33.931
I can clarify in previous times when we've dealt specifically with health in land and water I've declared the interest and left the room so this is the first time where because only recently the person I've worked with has left the organisation so I believe it's fairly clear that the business relationship has come to an end. Clare Stewart 56:52.711
Never before have I asked the question, nor I don't think anyone at this table, has Councillor Stockwell provided advice or feedback to the staff in regard to a plan that is coming before us. I think that compromises Councillor Stockwell and I think it is prudent that he is out of the room based on that fact and those statements I will not be supporting Councillor Stockwell to remain in the room. Thank you very much. Joe Jurisevic 57:20.417
That's it. Amelia Lorentson 57:22.117
Through the Chair I'd just like to remind Councillors that the test is not whether we around the table think that our Council would be influenced by his personal interest. The question is whether fair-minded, reasonable person, a man on the street, believes that there is a possibility that he would be impartial or whether his judgment would be impaired by his personal interest. Given metal that the matter in front of us is highly contentious and the subject of considerable community feedback, I think the more important question today is whether Council stockwell's inclusion would affect public trust and for that reason I'm voting that he leaves the room. Clare Stewart 58:10.870
Thank you. I appreciate the sentiment and Tim and your response. We appreciate your interest but if you could just keep the clapping or the booing or whatever you may do to us just yourselves. Thank appreciate it. Councillor Jurisevic. Joe Jurisevic 58:32.639
Yeah I'm going to vote in favour of Councillor Stockwell remaining in the room. It's consistent with the position that we've held on these declarations in the past. Its relationship with healthy not direct not as directly relatable to the elements of the Noosa Plan as some of the others are and with relation to his knowledge and experience with regard to river catchment and management I believe it's in the public interest that we have someone with such worldly experience in this area in the room to debate. I think we're fortunate to have him on Council and that we all offer our advice and knowledge and experience to staff on the matters, on all matters when they come before Council, particularly where you we have the relevant experience. Clare Stewart 59:22.814
Thank you Councillor Jurisevic. Finzel or Wegener would like to talk to this? Councillor Finzel, I'll start with Finzel Karen Finzel 59:32.834
Yes you, thank you for everyone's comments around the table. I hear what Councillor Jurisevic says and how each of us brings our own expertise to the table and contribute to decisions made on behalf of the Shire. This evening, I though I do have concerns around the disclosure around Councillor stockwell's business arrangements. With the. Was it the Watershed Australia? My biggest issue here will be the perception of public trust. This is a highly contentious matter and based on that public trust and trying to engender trust within our community and being transparent and open. Firstly, I'd like to say, Councillor Stockwell, thank you for your transparency through your declaration, but tonight I think that I won't be supporting that you stay in the room. Thank you. Clare Stewart 01:00:35.181
Councillor Wegener. Tom Wegener 01:00:37.201
Well, I think this is preposterous. Councillor Stockwell has done his job and he is being punished for doing his job well and for working with staff on the river plan and anything to do with water because he is obviously the most educated person on the subjects in Noosa Council so here he is being put out of the room for being an expert and for doing his job well so I will be supporting that Councillor Stockwell does stay in the room. Clare Stewart 01:01:12.160
Thanks Councillor Wegener. Wegener. Councillor Wilkie would you like to close. Frank Wilkie 01:01:16.018
There has been no link drawn to Councillor Stockwell benefiting in any way by staying in the room for this discussion. It indicates a weakness to need to resort to such tactics in my belief to win an argument that requires full participation. This is not democracy in action. This is inequitable. It is not to need there is no link. It's an improper use of the conflict of interest laws. The important thing is that the Councillor has been open and transparent and in full of a packed gallery. There is no benefit personally or materially to Councillor Stockwell taking part in this debate. Yes, he did some work for Healthy Land and Water. Is mentioned in this report. I don't even know if Councillor stockwell's for Healthy Land and Water had anything to do with the information that's provided in this report. He's saying no. This is a tenuous, very shadowy link drawn here and it's an easy one to sell because the emotion is so high to this room because so many of you genuinely have concerns about elements of this park of this plant including especially the conservation park and you know and the Councillors around this table know that if the numbers aren't around the table the proper vote and the proper process is lost and to my mind this decision will never be kosher because of this particular decision. So I'll be supporting Councillor Stockwell to stay in the room and I'm hoping other Councillors can rethink the course that they're be brave enough just to listen to the debate with everyone in the room. Go by the facts and the arguments, not by the numbers. Thank you. Clare Stewart 01:03:32.290
We'll put it to a vote. All in favour that Councillor Stockwell remains in the room. Councillor Jurisevic, Wilkie. Councillor Wegener. Wegener. Councillor Wegener? Those against? Stewart, Lorentson and Finzel. I have a casting vote. Councillor Stockwell. Joe Jurisevic 01:03:58.211
I'll move to motion. I would like to leave the staff recommendation with some additional amendments or some additional not amendments in this case because the motion has been before us with some additional clauses. They being and I'm happy to read out the staff recommendation first and foremost which is that Council note the report by the principal environment officer river strategy engagement to the general committee meeting dated the 18th September 2023 and the further report on summary of submissions to the ordinary Council meeting the 26th of October 2023 regarding the updated Noosa River Catchment Management Plan and a adopt the for ongoing implementation. Noting some implementations will involve further stakeholder engagement and are subject to future budget considerations. And 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 feedback outlined in this report as per attachment one, 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. I'd also like to add 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 the congestion improve the rivers amenity currently being considered by MSQ as outlined as in the report. Think it's got all the words there. Considers a review of anchoring sites that do not impact on the natural assets of the reserve such as oyster reefs, seagrass beds and Main Roads and any other outcomes from the Noosa River Stakeholder Advisory Committee or in the proposed actions of the plan with regards to anchoring. Further explanation of a conservation park on page 37 of the plan the following be included that the concept 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 this concept the process will clearly outline the proposed purpose of such a management structure undertake a detailed assessment of the current natural cultural and socio-economic values of the river 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 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 a conservation park for the 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 on 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. Thank you. I do so on the basis of feedback from month I agreed to delay the approval of this and I clearly outlined that I had no objection to the elements of the Noosa River Catchment Management Plan and I say that because I think all of those parameters and for the 10 years that I've been here on Council and for many years before that I've heard a desire to manage our river and our greatest asset is this community has and I think the work and the elements are outlined and the actions that are proposed work towards achieving that I think they also deal with the concerns that have been raised by elements of the community including the boating and fishing alliance with regard to things like personal watercraft being allowed to proceed further up the river than they currently do. Those opportunities are there in actions of this plan proposed and there'll be an opportunity there to present all of those elements going forward. The reasons I've introduced E is to deal with the feedback that the community has given in the last 30 days. Sorry, since the last meeting. I won't say 30 days because that's not quite correct. Since that was it. And it's one of the reasons I agreed for the reason that extension of time was so that the concept of a conservation park wasn't something that the community hadn't heard, but what is put before us today is not to approve a conservation park. That's an element of misinformation. So I'm trying to, in these additional points, outline clearly that this is something for consideration only, which needs to go out for a due process with the general public and the stakeholders that all have an element of concern and interest. Well-being of the river is that there is it there the forefront of their consideration. Now we had some questions raised around the elements of this going forward. All of those questions are to the process of consideration here. The conservation park again is not something that is outlined for adoption here tonight. The only thing that we're putting forward with regard to a conservation park is an idea to consider. Noosa River is not would not be the only river to have a management plan and would certainly to have actions to undertake the management and the to what we're trying to talk and to consider the needs of the greater community for such a great asset. Certainly the Gold Coast waterways are one that come to mind that have a significant plan there in that regard. So I put it to you that the second part F that the concept of a conservation park must align with the desired outcomes and uses supported by the Noosa River Catchment Management Plan. What that is intended to say is that a conservation park if it was introduced could not override management plan. It would need to go out again to be completely rewritten. So that's why I've put in clearly articulated the concept of a conservation park would go out for further public consultation with all key stakeholders and the general public and that must align with the Noosa River Catchment Management Plan and not be a vehicle for overriding the actions within. Do you have a motion? Clare Stewart 01:11:37.640
Sorry, I cancelled what Lorentson got to. Thank you. I'd like to move a deferral procedure motion. I'll second that. Councillor Lorentson. Joe Jurisevic 01:11:46.260
Point of order, Madam Chair. We have a motion before us, a procedural motion here would defer where? We are going to defer it to? We don't have another meeting after this to defer. Clare Stewart 01:11:56.951
Councillor Jurisevic, the CEO and I have spoken about this prior to, and according to Standing Orders, a procedural motion can be moved at any time, and as long as a date is given for next year, that is absolutely able to be achieved. And it's the of the CEO. Joe Jurisevic 01:12:12.353
I'll ask the CEO for that advice, to clarify that advice. Larry Sengstock 01:12:19.470
This is under item 31. A motion to remit, now before being deferred, is this a is the procedural motion. However, 31.3, the item, motion or amendment now before the meeting be deferred must specify the time or date to which the debate be through. Matter about is to be deferred shall be included in the business paper before the meeting identified in section 31.3. Frank Wilkie 01:12:47.664
Question, CEO. Does a Council have the power to defer a meeting to that of another Council? Larry Sengstock 01:13:03.907
You could be, the, figure hasn't isn't solid been solved on that, but my understanding is it can be deferred to a future time. Clare Stewart 01:13:11.887
Thank you. Councillor Lorentson. Amelia Lorentson 01:13:15.067
I'd like to defer consideration of the Noosa River Catchment Management Plan to enable Council. To undertake appropriate and full community stakeholder consultation on the final draft in the July round of meetings in 2024. And following this process, report back to the. 2024 2020. Council with the final and fully-costed Noosa River Catchment Management Plan. I can still hear you. Oh, okay, sorry. So that Council deferred consideration of the to enable Council to undertake appropriate and full community and stakeholder consultation on the final draft Noosa River Catchment Management Plan in 2024. And in following this process, report back to the July 2024 Council with the final and fully-costed Joe Jurisevic 01:14:14.203
The language there? It's Noosa River Catchment Management Plan, as I understand it. Clare Stewart 01:14:19.183
Thank you, Councillor Jurisevic, for your Prudence. If we could just add a management in there and an M at the end. Yes, thank you. And last one, word. Amelia Lorentson 01:14:39.470
Thank you. Councillor Lorentson. I'll speak to the motion. The Noosa community support a Noosa River Catchment Management Plan. In particular, they support measures aimed at excluding sediment, chemicals and human waste entering the river. In particular, actions prioritising anchoring, mooring, river boards and sediment. What the community don't support is not to be consulted on significant matters that have the impact or the potential to impact their livelihoods and lifestyles, such as the late inclusion of the recommendation to consider establishing a conservation park. Manager of the boating industry association, the Chair of the Australian fish and trade association, who have expressed that they are troubled by the inclusion of the conservation park concept, as it was not part or never part of the overall consultation that has been in play for years. We've heard from community, stakeholders, and it's clear from the number of people here this evening, the 2,400 signed petition, the 207 signed petition opposing the plan, and by the hundreds and of emails, both for and against the plan, social media posts, the published newspaper articles, and news reports, that there is widespread confusion, misinformation, distrust with Council the community. There has been insufficient time and process allocated for the community to fully understand what the impacts of the conservation park might be. There has been no substantial or acceptable explanation to the community. As to why the significant change, that is the inclusion was made two months ago without broad and appropriate consultation. And why other models, such as the river trust, were not considered, were not evaluated, costed and presented. That? Did we go straight to a conservation park status recommendation? It is therefore not reasonable nor right to be pushing through a river plain before an election that is causing undue stress and confusion in the community and causing distrust in Council. This does not reflect meaningful community engagement. It simply destroys the public's confidence in the integrity of this Council. By deferring the matter to next year, we lose nothing. Funding is not at risk and our river is at I'd like to remind Councillors that the Noosa River has already some of the most restricted state protections by way of fish habitat areas and declared under Queensland fisheries act 1994. Under this state legislation, fish habitat areas are already protected from physical disturbances associated with coastal developments. The purpose of this state legislation aims to ensure that fishing in the future is protected by protecting fish habitats. Further, there is no authorisation needed under state legislation to access declared fish habitat areas for community uses. The State legislation is fair and it's an equitable management approach for all stakeholders. Recreational, traditional, commercial fishing and boating activities are allowed. So the question on everyone's mind is why are we trying to change that? Today the is not about a conservation park. It's not even about a river management plan. It's about public trust. This community has felt misled. The importance of public interest and public participation in making and maintaining public's confidence in the integrity of our Council should be the only basis of the decision before us. And that's why I'm recommending a deferral. Clare Stewart 01:19:00.710
Thank you, thank you everyone. Cancel the meeting. Larry Sengstock 01:19:02.390
Can photos I have, like, five minutes, please? Can you hear me? Clare Stewart 01:19:11.336
We can, Councillor Wegener, we're going to Councillor Wilkie, who's stood up. Okay. We'll go to you next, Wilkie. Frank Wilkie 01:19:21.976
Bear with me everyone. In late 1934, Howard Parkyn and Alex Gibson.landed 454lb grouper, that's 206kg, at Tewantin, reportedly near the old bar zone, near the marina. According to the newspaper report at the time, dated December 5th, 1934, it took Howard and Alec Alex. Over half an hour to land the fish which was 7 foot or 2.13 metres long and smashed the previous record of a 300 pound grouper caught 12 years previously by the massos. The grouper was purchased by a Tewantin fish merchant who sent it to the Brisbane fish markets. Before it was caught there'd been reports of a very large fish in the vicinity but no one knew exactly what it was or what it looked like until Howard and Alec hooked it, wrestled it and landed it. Just like the river plant, for years there lurking. It surfaces now and then and depending on our individual interests there's been different reports of what it actually is. That's because year by with each public consultation it gets bigger and more gets added to it from. Individuals and groups and continuous feedback. The Noosa River Plan represents the responsibilities of multiple state government agencies. It's loved by millions. Subject to the needs of countless interests, some of them pulling in different directions. It is a monster of a plan, and no one has been able to land the beast, except I had hope for tonight. The growth of the river plan started again in 2017 when Council reviewed and updated the 2004 Noosa River Plan, taking a more comprehensive, of whole catchment approach to protecting balancing the environmental, economic and social interests of the river and catchment for everyone. After more consultation with internal and community consultation in 2018, it grew again into an updated version of the previous draft plan. That version was endorsed for further public consultation in November 2019 and a second round of community consultation occurred from December to January 2019 and 2020. Again, new ideas were added to it grew and it grew bigger. From April 2021 of the to March 2021, 2023 the Noosa River stakehold advisory committee advised Council and MSQ on river priorities. They knew that because the plan was so big the wise thing for their group to do was to focus on a narrow range of interests such anchoring, mooring and liveaboards, which they've done really well. Thanks to a process that was Council run, Maritime Safety Queensland are proposing to introduce a 28-day anchoring limit in any year to reduce river congestion and improve amenity. This is expected to be considered by the transport minister in the second half of 2024. More recent targeted stakeholder engagement was conducted including those listed in the rear of the draft plan over the past five months. And more ideas were added including that of a conservation park. That version of the river plan went to Council last month where it was decided to go out for further feedback. Even that limited unplanned consultation last month has resulted in another list of 40 changes and additions three pages long and the plan changes again but in a good way and no one's seen that version in its entirety either. One of the additions to outcomes helped dispel fears that the river is going to be locked up and made it clear that the plan is intended to recognise and balance all interests. It reads: residents, one of the outcomes from the feedback is that residents continue to enjoy recreational pursuits including motorised and non-motorised watercraft on an uncongested and safe river. We all want that. With every consultation the plan grows into a new version that few have seen in its entirety. We can get caught up in an endless bureaucratic absurd cycle of needing to have more consultation on versions. That have resulted from more consultation. Putting off an easy thing makes it hard. Putting off a hard thing, which this plan is, makes it even harder. To use the analogy. We've been playing this fish for years as it grows bigger and gets harder to land and hopefully, we had hoped it was time to reel this thing in tonight and endorse it. That's why this plan has consultation built into it, especially for a conservation park concept such as Councillor Jurisevic's motion. One of the changes from the latest consultation is to make it clear that. Action 1. Involves undertake consultation with all key stakeholders as part of a thorough investigation into the consideration of establishing a conservation park across fish habitat areas. The report states: while the draft plan includes an option to consider a conservation park, is no guarantee this will occur and as one of several potential models being investigate to deliver integrated river management with multiple state agencies that have regulatory powers in and around the river. I'm almost finished. That's five minutes. May I have permission to continue please? Thank you. Establishing a conservation park would require Council to consult with the Department of Environment and Science. If the department supported the idea, Council would then need to undertake a detailed feasibility study. The items in the motion there include an assessment of the current natural, cultural and socio-economic values of the river, undertake public consultation to assess the pros and cons and their impacts of a conservation park. It wouldn't happen without. Consulting you in the first place. That was always the intention. It's built into the plan. Consultation is Then they have to prepare a report to the minister to assess the proposal should the Council wish to pursue gazettal on the outcome of public consultation. Community use, including boating, commercial and recreational fishing, is allowed in conservation park as it currently is in the existing fish habitat areas. There inaccurate reports. Suggesting Council was planning to remove fossil fuel boats from the river and I understand that's why many are here tonight. There is no proposal The conservation park proposal extends over protected existing fish habitat areas. As you can see from the map, don't worry about the map, but it covers all areas of the river except the stretch from the marina at Tewantin along Gympie Terrace and Noosa Sound to the river mouth. Declaration of a fish habitat area also does not restrict existing legal, recreational, traditional or commercial fishing. The conservation park is worth at least exploring as a means of giving Noosa Council a voice at the table with state government agencies. This could help ensure other state agencies keep their focus and have the resources needed to keep the river healthy, safe, clean, uncluttered and teeming with fish and other aquatic life for forever. Everyone. Thank you, Councillor Wilkie. I'm almost finished. Well, you've been two minutes over. It's a very important vote. All right, We've always given Grace. Thank you for your patience, everyone. Okay. This could help keep other agencies, keep their focus and keep the river the way we want it for everyone in the future. The 2015 community jury findings and former Noosa River Plan had Council seeking to take over control of the river from state for anchoring, mooring and liveaboards. This interest prompted the State to step up its on water monitoring. It has done that. Taking over from the State is no longer an action, but the conservation park idea could at least give us a seat at the table to ensure all agencies function as they should. This plan, including public conservation for a conservation park, gives us the best chance of ensuring we hand down a river to our children that is clean, uncluttered, safe. Teeming with fish and aquatic life for all users. At the start of 2020, four years have gone by and Noosa doesn't have a Noosa endorsed river plan. Just before that election in March 2020, in the early January, February, we're in exactly the same position as we are now. Too controversial for an election. At the start of 2020, the same position, the river plan still splashing about and no decision. I'm pleading with Councillors tonight. Let's not this many-sided beast run again, grow bigger, get away on us for another four years. I had hoped we could land it tonight together. Thank you. Let Amelia Lorentson 01:28:38.488
Councillor Wilkie. Just so I have a question Through the Chair. If I could look at my motion, I just want to check. I actually articulated that the final draft would come back to Council in July 2024. Clare Stewart 01:28:54.245
Correct. Okay, thank you. Thank you. Councillor Wegener. Tom Wegener 01:28:58.845
Yeah, that won't be to defer the river plan is an act of environmental vandalism. We've been waiting for this for so long. The public have plan forever. Well, 20 years. We know that the river needs our help. We can't help it because it's entirely within our own Shire. The studies clearly show that the seagrass is disappearing. The benthic life is dying off rapidly. We can't even remember what it was like in its heyday. It's gone from our living memory. Think that the State is good enough. Well, tell that to all those other rivers out there. Does state do good enough for the Maroochy River, the Brisbane river, all the other rivers? I think not. We cannot kick the can down the road anymore. This will be a disgrace of our Council, of our leadership for four years if we can't pass this. And trusting Council. You know, Council does an amazing job with our biosphere. We've done national parks, with our Environment Levy, with purchasing trees, with more quality here now than a few years ago. We do environment in Noosa. Say to that the public. Noosa Council to manage the river is just baloney. It's hard to imagine actually. So I implore you to pass the river management plan. Thank you. Wegener. Clare Stewart 01:30:41.529
Wegener. Councillor Finzel. Yes, Karen Finzel 01:30:47.629
Thank you. It's been a robust debate around the table. I'd like to thank all my colleagues. This is a really challenging decision tonight, but here we find ourselves talking about the monster of the plan. And like this river, it ebbs and flows. It has its highs and lows. And thank you, Councillor, sorry, Wilkie, for your journey down history. It was like we were on a boat. Heading getting down the river I think agree that we can all want to support a healthy, clean, uncluttered and safe river now and into the future for all our generations. I agree with Councillor Wegener around the fact that we want to look after our environment and we are. We have a clean rating on our river and daily people are looking after our river, playing in our river. Respecting our river. We are in a biosphere and part of that is living in harmony with our environment. Man in the biosphere being harmonious within our environment. The community consultation and discord that has arisen around this draft plan would be anything from harmonious. There's been many conversations, emails, meetings and energy put into people wanting to have their voice heard around this plan. I think a reasonable person, it's gone on for 20 odd agree that supporting Councillor lorentson's motion for a procedural motion and specifying the date in July 2024 for final and fully costed NRCP nrc is not unreasonable. And I will be supporting that recommendation tonight. Clare Stewart 01:33:13.734
Councillor Council of weedon talks about environmental what is environmental vandalism? It's the liveaboards and the moorings across our rivers that are leaking effluent sewerage they're cluttering our river. We wanna tackle that. The environment. We wanna improve the river. That's where we start. And it has bipartisan support. Councillor Wegener also talks about it's disgrace. Well, I'll tell you what is a disgrace. Is if to our community. We have 2,800 people, a packed house and hundreds of people out there telling us we're not listening. We need to listen. That's our job. That's what we're elected here to do. To be a voice and listen to our community. Councillor Lorentson had a petition of over 2,000 people. I had one of 207. Those people don't think they've been heard. They haven't. Been consulted on a conservation park. Councillor Wilkie talked about the history and all the consultation. One problem, no one's been consulted on the park. Despite all those years of conservation, in this instance, at this time, not one person has conservation park and that's why we're here. You said it yourself Councillor Wilkie, no one's seen this plan in its entirety. This is a community that has such pride and love for its river. This is a document for our community. The number one thing we must do is show that to our community and have their feedback. If no one's seen it in its entirety well that just absolutely lends weight to the fact that we haven't gone to community consultation. Last night I was in Brisbane and I had the opportunity to talk to the minister responsible for the river on two separate occasions, his staff at one point and then the minister himself last night. And I reiterated the importance of our river to him about how we want the liveaboards addressed, houseboats. The moorings, effluent cleaned up and that's where our focus is and that's what we should be doing. The State is the big brother in this. They have the jurisdiction and legislation. We can advocate and that is our role. We have heard and I have an email here from the CEO of the Council of Mayors saying we don't have to have a plan to get funding. In fact because we joined we are now part of the Resilient Rivers program which is then the beneficiary of up to 40 million dollars for South East Queensland. Let's advocate with them, let's work with the State who has the jurisdiction to advocate for our river and let's get the funding and let's not have our rate payer having to pay for it. Current form I cannot support the river plan. There are aspects about it and it talks about the liveaboards moorings sediment control and they're good things but I can't support it in its current form because the community doesn't it. Those 2,000 people or plus who have signed the petition have as much right to have their say as anyone else. After all it's everyone's river. I believe that the perception of this report has been is being compromised and at the end of the day as Billy Joel saying it's a matter of trust and we need to get your trust back. And I want to quote which I hope the resident who sent it to me I won't name him because I haven't sought his approval for the quote but I thought this sums it up really well. Says, "This is everyone's river all we want to see it flourish. But we all need to have a seat at the table on this one as it's the lifeblood of Noosa. I think that's something we all agree on. I'll be supporting Councillor Lorentson. I have a question. Frank Wilkie 01:37:06.381
Question the 2400 signature petition we received states that a conservation park would directly affect Noosa North Shore residents for infrastructure issues and all members of the community for general access uses of the river. So you can understand why 2400 people signed that. So my question to staff is would a conservation park directly affect Noosa North Shore residents for infrastructure issues and general members of the community for general access and use of the river? So question for Director Rawlings. Clare Stewart 01:37:44.636
Thank you, Kim. So we have Director Kim online. Thank Kim. Kim Rawlings 01:37:49.723
Good evening. Good evening, Councillors, and Through the Chair. Excuse me, I'm just getting a bit of feedback. You're all right, Kim. We can hear you quite clearly. Just in response to Councillor Wilkie's question, no. the conservation park is not. Firstly, it's a concept. For consideration. It needs to go through a full assessment and full feasibility to weigh up all the issues as outlined in the report. So there's a lot of consideration that needs to happen before this concept could even be advanced. But no, absolutely not. Council does not have the power to restrict access to the river in terms of vessels, nor is there the intention that this concept of conservation park would impact on infrastructure in the river. There are a range of issues that need to be dealt with in the river, and encroachments and things but this is not the concept. Or model that is intended to do that. Thank you. Frank Wilkie 01:39:12.336
Another question, if I might, sorry. Thank you, Kim. Another question for you on when this motion is ratified tonight becomes the decision of the Council and we're all bound to support that and we will. Well, the question I have is if- can I see the motion, please, we're voting on? Yeah, that the further community consultation, the full community and stakeholder consultation on the final draft in 2024 after it goes out to full community consultation and feedback is gathered, if it contains more interesting ideas like the conservation plan or a marine park zone which is even more restrictive, what how are we to going manage how that because the report that comes to Council in July with these new concepts in it that'll be the first time the community has seen that version of the plan as well. So, how will it be managed? So that might have been too hard a question to answer. Clare Stewart 01:40:24.390
Kim, do you want to have a crack at Kim Rawlings 01:40:28.685
Look what I will say is that when you develop a plan or a strategy that's had input from the community and consultation, often ideas come up through that process and they are then captured in the final plan. Is reported then to Council. So yes, there's likely to be new ideas and new concepts in final plan. That happens with all our plans that we consult on. So I think what Councillor Wilkie is alluding to wilkie's is that there may be new ideas in that plan. Do we then re-consult on that plan? So yes, I guess I would just confirm that yes, when you do consult, do on a draft plan, you take on board feedback and ideas from a range of stakeholders and the public and the community, and there's always great ideas that come through. Staff assess those. That respond to issues or are important to the community, are of merit, do make their way into the plans. And those final plans are reported to Council for endorsement and often have a range of new ideas in them. Frank Wilkie 01:41:41.652
Just to clarify, if there's something even more, actually radical in there, like a marine park proposal, that would have real implications to restrict all sorts of fishing, if enacted, that would require more consultation. When would you build the consultation? Into the plan as part of, as an action, like you've tried to do with the consultation built into the plan for the conservation park idea? Would you propose to handle it the same way as we did here, so at least we draw this endless cycle of consultation to an end? Clare Stewart 01:42:27.721
I'll say it. Kim, I thank you Councillor, I appreciate your comments but I do feel that some of them are somewhat hypothetical and they're potentially scare mongering when you're talking about marine parks and you're asking the Kim questions that she can't ask. These are a hypotheticals. Motion we're dealing with the before us to defer it. Let's stick to that. Point of order Madam Chair. The Council has asked a question and the staff member has not been given an opportunity to iterate whether she can or can't answer the question. I think the question should stand. Kim would you like to answer the question or do you have, I mean this seems to be going around in circles, wrap it up? Through the Chair could that question be repeated please, I didn't catch the whole thing. Frank Wilkie 01:43:11.124
Sure, lost in translation. So Kim I said once this motion is passed tonight it comes a vote of the Council and we all support that and we will. My question is when this of public consultation comes up where we could get more ideas that come in that may be very, very interesting, may have more implications for uses of the river than the concept of a conservation park. So how will, if that idea comes through and that's part of the final report to go to Council in July 24, will we, because that version of the plan will be the first time it's ever seen, will that version need to go out for another consultation because people won't have seen it for the first time and be demanding more consultation? Or will built into the river plan the final draft next year like it was like you attempted to do for the conservation park concept? Clare Stewart 01:44:08.260
Councillor Wilkie, we're going to have to see our answer to that. Larry Sengstock 01:44:10.680
Okay. Do you mind if I take that? Based on the, motion that we have before us so if we're looking to July then with every plan the idea is it's an iterative process so new ideas come through we test them we bring them back and it works at some point yes you have to draw on and that's you know that's with every plan that's what happens you're not going to please everybody but what we're would happen through this process if this is it's agreed a green and I'm thinking it through as I'm reading it but the idea would be we've got a lot of work already there to take that through bring it through and then iterate consult bring it back just adjust the report and eventually you'll get to a point where we need to make a decision and that's what you're trying to get to all that point, to get a decision so what we probably would do is just keep working it it's almost like you know moulding it and then you come to a position where we're all comfortable that's the best position we can take so yes that would be the process but what's in their plan to start speculating different things in it is too early to say and it's not fair on our offices to do any of that at this point in time it's just an iterative process and this is a long hasn't been a long process and we're trying to get to a point where we're all comfortable with it. Joe Jurisevic 01:45:42.528
Thank you, I'm not sure whether Councillor Finzel has a hand up. Clare Stewart 01:45:45.596
Councillor Finzel do you have your hand up or is that from previous? Yes as I do, Karen Finzel 01:45:51.216
Thank you Through the Chair. I have a question for staff online to Kim. Considering when we come to making decision on Council we look at risk mitigation sound fiscal management, meaningful community consultation, what do you identify perhaps the top risk to the river or environmental impacts if this procedural motion tonight is supported and it goes through to July 2025 20th, '25. Risks Clare Stewart 01:46:29.867
Kim we have Mr. CEO and Acting CEO who might answer this for you if you want to add please feel free but Larry go to Larry first. Larry Sengstock 01:46:37.227
Sorry Councillor Finzel but I think that's a very difficult question for our officers to answer at this point in terms of off the top tonight is again this has been a process has been going for a number of years we've been working through it the river is in good shape lucky we're for that fact all we're trying to do is make sure that we maintain that and make it better and that's what the plan is about with this next process if this is the way we going to then we would work through that and ensure that you know whatever is brought back to the table is the best thing for the river and for the community. Amelia Lorentson 01:47:23.682
Through the Chair can I ask a question with Kim of great ideas have lots come out over the last 14 days and I've got a great idea in front of me and it was submitted by Neil patchett who's the general manager of the boating industry association. Is it possible and this is his idea that after consultation and addressing Councillor Wilkie's concerns about is there going to be consultation top of consultation we just remove these models out of the Noosa River Plan and that's and we can run that as a separate process and that way we can endorse a plan and then consideration of all these other options whether it's a river trust or a conservation park that takes its own path with public consultation and feasibility studies etc. Kim Rawlings 01:48:21.177
Thanks Kim. Councillor Lorentson and Through the Chair yes that's absolutely possible that the concept of the conservation plan model to be looked at could come out of the plan and yes absolutely I could go on but simple answer to your question is it possible? Yes it's possible. Joe Jurisevic 01:48:46.738
Thank you very much. Thank you. I'll speak to the procedural motion which I haven't Councillor Lorentson, that could have been done here tonight you we didn't have to defer the entire catchment management plan we could have dealt with the element of contention within the community that my motion attempted to do. And that is reiterate the fact that we were going getting. To go out we could go out to full public consultation on the element that is that it has contention within the community as my feedback from the community told me that's was the element that they couldn't deal with that they needed for further that time to come to comprehend understand and actually go through due process heaven help us if new ideas every time we put a plan or a strategy together from public consultation comes back that we put in there causes us to then go off we've got a new idea sorry we're going to into a public consultation on the new idea that's been put into a plan because we've got something that the public hasn't heard of before this is something that but okay this and they the reason I agreed to last month for this to go forward is so that the concept could be heard and be reiterated to the community because yeah you're right probably some of them hadn't heard it there was a new idea thrown in but the new idea wasn't to implement it was to consider and go out for public consultation so the public could understand what was being proposed not would then turn around and go it's going to stop in the river and every other thing every other conspiracy element that has been put forward in the last month with regard to what is not articulated in the plan none of those things are said Council will be articulated that of that element quite clearly and in my reading of the plan and my communications with those people that have said this is in the plan that's I've said to them we must be reading two different documents because that's not my interpretation on my understanding of what is before us I have sat here for ten years in this chamber I've had a part of and in these buildings and I have heard all of the challenges that people have brought to us about the elements of the river this document gave us the opportunity and gives to go forward and deal with all of those things the table instead we're now going to defer it to July 2024 with god knows what and god knows who at the table. Be careful what you wish for you may not get what's in front of us. Clare Stewart 01:51:37.039
Thank you, thank you, Amelia Lorentson 01:51:45.901
Has never been mentioned in any previous planning documents. A conservation park draft river plan. Council strategic plans. MSQ's river advisory committee had no idea about a conservation park. There has never been full disclosure. There has been no meaningful opportunity for the community to review. I think I need to make this clear. It's not Councillors that are putting this plan at risk. It's the last minute inclusion of a conservation park that has put this the plan at risk. It is disingenuous to say that there has been previous consultation with the community and stakeholders when the idea only came to Council two months ago. There's been extensive previous consultation when there's been no information and no detail has been put forward about what the impacts will be in establishing a legislated park A declaration regarding the potential of a conservation park should not occur without full community consultation. Creating be managed solely by Council is a significant undertaking and cannot Without detailed community briefing, without community participation and a majority community buy-in, it should simply not progress. Councillors, we lose nothing by deferring. We lose a lot by endorsing this plan tonight. What's in front of us is the right thing. Clare Stewart 01:53:43.310
Thank you, Councillor Lorentson. I will put this to a vote. All in favour of Councillor Lorentson's procedural motion. Councillor Stewart, arnston, Karen and Tom, I cannot see your hands. No. Sorry, can you? Just call that again, please? Yes, this is the vote for are you in favour of Councillor Lorentson's procedural motion to defer this until next year. Can I read the whole procedural motion again to Councillor Finzel, please? Yes, Okay, so the procedural motion before us is that Councillor Lorentson moved, I seconded, that Council defer consideration of the Noosa River Catchment Management Plan to enable Council to undertake appropriate full community and stakeholder consultation on the final draft in 2024 and following this process report back to the July 2024 Council with a final and fully costed Noosa River Catchment Management Plan. Thank you Madam Chair so can you tell us yes I'll support the Councillor Lorentson's procedural motion thank you and against Councillor Jurisevic Wilkie and Councillor Wegener correct yes I have the casting vote that motion is supported Councillor Lorentson your motion is successful and I would like to add if this has been a very emotive issue and want to acknowledge this has taken its toll on all of us and it's staff so them in this process as well and I and want to thank the community for your input, for your feedback and for your interest. This is your river and plan. Excuse me Madam Chair. Yes Councillor Finzel. Can we just have a five minute break? Yes we have to because clear the room. Go into confidential session so we will So thank you all for your attendance tonight. Hope see you all back next time. Okay, SPEAKER_08_b 01:56:05.110
Thank you. Everyone. Brilliant. Karen Finzel 01:56:12.767
We'll have all your councils next year mate. Just Clare Stewart 01:56:33.740
Could I get you some food Frank? Thanks. Joe Jurisevic 01:56:38.180
Ready? Steady? Where are we? Clare Stewart 01:56:48.520
Thanks everyone. You. We have one confidential item on our agenda. That is confidential, not public release, Councillor conduct complaint investigation. Thank you want to declare? SPEAKER_08_b 01:57:06.600
It be clear? Frank Wilkie 01:57:08.040
No, I'll move that we're going to. No, you can't do that yet, you have to declare. Brian Stockwell 01:57:15.100
Okay. I wish to declare that I declare a conflict of interest in this matter, declarable as I'm subject to the investigation in the matter before Council. I will leave the room while matter is considered and voted on. Clare Stewart 01:57:32.489
Thank you, Councillor. As this item is confidential, I'll move that we go. Any other conflicts? Councillor Wegener, Finzel? Karen Finzel 01:57:56.400
No conflicts, Madam Chair. Clare Stewart 01:57:58.480
Thank you. Well, as this item is confidential, I'll move that we go into confidential session. Another second up, thank you. I'm happy to second that, Madam Chair. Okay, all in favour? Karen? Yes, Madam Mayor. Karen Finzel 01:58:13.762
Thank you very much. We're not doing anything yet. Clare Stewart 01:58:38.820
Oh, okay, you moved? Oh, did we have a second? Joe Jurisevic 01:58:43.000
So I'll move the resolution that we reopen the meeting to the public. Clare Stewart 01:58:48.792
Second it all in favour? Thank you, unanimous thank you. We are now open to the public. Do we just? Somebody's going to have to move the resolution. Amelia Lorentson 01:59:00.952
Okay, who wants to move the resolution? I'm happy that Council note the confidential report of the acting oh, can you? To the Ordinary Meeting? Yeah, that's it. CEO dated 26th of October 2023 and a pursuant to section 150 AG. Of the Local Government Act 2009. Council finds that a on 12th March 2023 and 13th of March 2023, Councillor Stockwell engaged in inappropriate conduct by breaching the Code of Conduct for Councillors in Queensland. Requirement for 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 150 AH1B1 and three of the local government. Sorry, bit blind. It's a bit difficult to read. It's so hard to read. Act, Council formally expresses its disapproval of the inappropriate conduct engaged in by Councillor Stockwell and orders as follows. A, Councillor Stockwell is reprimanded for his inappropriate conduct and B. To attend training or counselling at the council's expense within a period of three months from the date of this order to address the council's conduct. Thank you, do we have a seconder? I'll it. Councillor Lorentson? No, no need to speak. Clare Stewart 02:00:48.553
Anyone like to speak to it? I can second that. I've you've been seconded. Thank you, Councillor Finzel. We'll put it to a vote. All in favour? Larry Sengstock 02:00:58.509
No. Yes. Clare Stewart 02:01:01.629
Tom? Yes. That's unanimous. Thank you very much. That brings us to the end of the meeting. You for meeting there. What a whopper. No further confidential sessions. The next Ordinary Meeting will be held at Council chambers on the 16th of November, 2023. I declare the meeting closed at, let me get the time, 7:45pm. Well done. Thank you, everyone. Madam Mayor. Related Noosa Council Meetings
← Browse all Noosa Shire Council meeting transcripts
