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 Disaster Management : Repealed 2018 plan; adopted 2023 plan; devolved sub‑plan approvals to LDMG (8.2 Item 5.2).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
Well, 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 Councillors 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 in accordance with Section 254K of the Local Government Regulation, Councillor Wegener and Councillor Finzel are approved to attend the ordinary meeting dated 26 October 2023 via Microsoft Teams. So seconded, Madam Chair. Thank you. All in favour? Carried unanimously. Thank you everyone for attending this 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. no shouting out from the gallery but we appreciate you being here and thank you for your time and your interest. Councillor Lorentson would you like to I believe you'd like to suspend standing orders Amelia Lorentson 01:08.005
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 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. Clare Stewart 01:28.866
I'll second that. Councillor Lorentson. Amelia Lorentson 01:32.086
I want to publicly acknowledge and thank Micaela Guacci and two Noosa locals and professional surfers Lorentson and Kaiden Smales who saved the lives of two swimmers on October 11, 2023 at Alexandria Bay. Clare Stewart 01:32.286
Thank you Mayor. Amelia Lorentson 01:55.791
This was an extraordinary rescue and an extraordinary display of that bravery by three extraordinary people. I would like to just read the words that was written by one of the rescuers friends who witnessed This witnessed the rescue? Quote, a hero at sea, Mika's 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 at the National Park. Her name is Micaela Guacci and she hails from Argentina. She's a 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... 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. 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. Go find some surfers." Although, I couldn't see any surfers on the beach. I was fear 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, but 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. They were in the up. During this time they lost sight of the other person 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 my story, sprinted towards the water 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 the 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. decision to risk her life for others and give her all was an explicable act of bravery, especially considering the fear she felt. She 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 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 a 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 to the two surfers who joined the rescue efforts. Those two that were referenced in in that account are the amazing Smales, Lorentson and Caden Smales. Two locals, two 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 Lorentson and Caden yesterday and they said they were literally shark bait. The riptide was ferocious and they also were concerned with their own life. I also want to say thank you to the lifeguard on the jet ski. He was a senior Noosa lifeguard and local called Miss Timmy Mulder. So on behalf of Noosa Council I would like to pay our tribute to Mika, Lorentson and Kayden. So on behalf Thank you for risking your life to save the lives of total strangers. To Mika's friend Melania Morales, who ran down the beach to call Aidan... Lorentson and Kayden, thank you. 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. Clare Stewart 06:46.720
I think all 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-up that you want us to do in regard to to formal, a letter or something like that, we're more than happy to provide that because that's wonderful. I would appreciate that. Thank you. I'll move that standing orders be resumed. Can I have a second? I'll second. Carried unanimously. Can I please have a mover for the confirmation of the minutes of the ordinary meeting held on the 21st of September. Can I please have Thank you, Councillor Jurisevic. Moved and chaired. That's Councillor Jurisevic. Karen Finzel 07:22.476
I'll be second. Clare Stewart 07:23.336
Thank you, Councillor Finzel. All in favour? Karen Finzel 07:26.616
Carried unanimously. Yes. Clare Stewart 07:30.136
Thank you, Tom. Can 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 second that. Vicky, that was Councillor Lorentson and Stewart seconded. All in favour? Carried. Tom? Yes. Thank you. Carried unanimously. There are 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. that this petition be received and referred to the Chief Executive Officer to determine appropriate action. Thank you, Mr CEO. Amelia Lorentson 08:15.850
You, Tom. I also have a petition that I'd like to present to the CEO. The petition is signed by 2,400 supporters requesting that Noosa Council stop Noosa River turning into a conservation park. Clare Stewart 08:30.354
I'll second that. All in favour for that petition? Tom, Karen? Yes. Tom has. Thank you. That's carried unanimously. Thank you, Vicky. There are no notified motions. There are no presentations, and we have one deputation. This is Debra Walz. Walsh. There's Deborah. Hello, Deborah. 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, Ms Walz, for your deputation. Thank you. We appreciate you taking the time. Karen Finzel 09:21.708
I'll put the clock on, can't we? Good evening, my name is Deborah, and I wish to provide some local information to the abacus project. The aim for this is for people who can afford it to cover the cost of a coffee, tea, juice, cake, hikes, or someone else who is doing it to help. Those Those who who pay pay it forward then move the beads on the abacus on one side to the other to a credit sign. This shows the number of credits available and people who can claim something from the abacus can be someone who is homeless. In between jobs, couch, surfing or even people on a pension. The project is not just about homeless people. It can be for anyone who is doing it tough. It can be for anyone. Someone who may need that little bit 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 have 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 rental vacancy rate and forward rents. Domestic and family violence, financial stress, physical health, mental health and addiction. Fifteen plus cafes across the Sunshine Coast, including three in the Noosa Shire, are already on board with the Abacus 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 people struggling." And another one: "It's like putting the boot on the other foot." you're the one doing it tough, and you 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 to...three more cafes on board in 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 have tried to encourage our local Noosa Today newspaper to publish 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. 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. 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 improve. 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. Along with the Debra Walz 12:50.137
Many of our 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 will not be solved by the access project alone. However... In fact, this project is served to highlight how significant the homelessness issue really is in our Shire. concerned community members would like to think Council also shares 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... over the years, but the problem of homelessness still persists. Is it time to listen to community members who clearly are focused on supporting our less fortunate community members? Is it time to 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...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 are not just a tourist 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 Eloquence Project are the reasons to highlight to Council the shortfall 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 and people who are doing it tough? Who's there? I mentioned the housing needs assessment report earlier where it identified a emergency. 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, will need to cater for an extra 6400 dwellings. Shaping SEQ 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 housing. Where do the homeless fit into... these plans? Compared to other regions In SEQ, Noosa has the lowest... average annual population growth. SPEAKER_11 15:38.957
How do we focus on this growth? SPEAKER_12 15:40.897
How do we... respond to this growth, knowing what the current situation is... regarding homelessness? SPEAKER_11 15:46.717
Where will our rates be prioritised? SPEAKER_12 15:49.997
Do we have Do we have a specific housing or homelessness strategy or action plan that can address some of these issues? And how can council build their capacity to respond to homelessness and support community-led initiatives? Being homeless is destabilising, demoralising and depressing. 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 wide community privilege. 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 homeless at times are 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 a feeling of safety and security. Our current model for dealing with homeless people generally includes an outreach component and entry point to emergency housing or interim housing. We have a support system to permanent housing. This sounds great. However, in reality, it doesn't really work for various reasons, including accessibility. availability of services, hours of operation of service providers, lack of emergency heating and fares and funding. I know Council is open to looking at economic solutions to local problems, in particular, adopting the Sustainable Development Goals through the UN, in particular, SDG1. I'm not going to go into it. I'll leave it there. In saying that, perhaps it would be useful 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 to create new housing stock with supported services. 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 national 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 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 fair share of federal funding is expended in our community. The most disturbing cohort of those people are the over 50s. New research by the National Seniors Australia and Challenger reveals the majority of older Australians are increasingly concerned about rising costs of living. have negatively impacted their lifestyle and wellbeing. This is relevant as Noosa population is ageing. The research revealed 53% are worried about outliving this ageing. The findings show in 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 has 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. is also a negative stigma 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 variety of time frames. 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 do we get to the stage where our neighbours, friends, family members and strangers alike face uncertain futures because they don't have a roof over their heads? 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 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. Debra Walz 21:06.336
We need a community to-wide coordinated deliver approach 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 to each other. 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 project. If there was to be a coordinated approach, for example a body made up of community members, could utilise a framework which enables existing organisations to communicate, share data and resources to maximise all resources, 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, livability, emerging issues, social and affordable housing. states facilitate greater housing choice which meets the changing needs of the community, improves livability and affordability, and includes partnering to increase provision of social and affordable housing. It's there. Our council's signature project is to deliver on the Noosa housing strategy, and the performance measure there is increase in the is increase in the amount of social and affordable housing in Noosa. In the section on how community can contribute, it is to provide input on planning scheme amendments and development applications in Noosa. The strategy here in relation to social housing and public housing is simple. Establish short or long-term residential use other than... 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? 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 Abacus project and make a suggestion that these cafes be acknowledged for their contribution to a much 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. Thank you, Ms Walz. Thank you very much. As we do have a large agenda tonight, we will be bringing item 11, which is public question time, forward. Clare Stewart 24:42.480
And I believe we have three applications to public question time this evening. So I'll invite you each individually to come up and to the podium. And once you're 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 Cook. Thanks, Mr. Cook. Nick Cooke 25:10.040
Question one. I made a deputation to council at the ordinary meeting dated Thursday the 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 could be reviewed and remedied. Can council confirm or deny that they have since investigated issues made known to them at this deputation? Clare Stewart 25:34.746
Thank you Mr Cook. We have our Director of Planning and Environment on the line. Kerri Contini 25:47.786
Thank you Mr Cook for your question and I acknowledge your ongoing interest in the Pomona Place project. Your interest is shared by the Pomona community as shown through the high level of engagement Your interest through the first phase of the PLACE project. The Pomona PLACE project is a pilot project working in collaboration with our community to deliver a holistic vision 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 the interest expressed from Pomona residents in being selected as the pilot site. As 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 the pilot process and as such any feedback provided by yourself and other community members has been genuinely organisations and most importantly 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 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 when the draft plan is released. Therefore, the project will proceed Thank you Kerri, thank you very much. Clare Stewart 27:55.989
The second application is from Mrs. Julie, oh Nick you've got two, beg your pardon Nick, sorry I only had you down for one, sorry, there you go. Nick Cooke 28:05.886
Alright question two, 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? Clare Stewart 28:19.699
Thanks Nick. Mr CEO, Acting CEO, Larry Sengstock. Larry Sengstock 28:24.259
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... 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 the 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 for the community. Thank you. Clare Stewart 29:17.574
Thanks. Thank you, Mr. CEO. Now we have Miss Julie Watson. Hello, Karen Finzel 29:29.720
What is the procedure if you go ahead with the conservation area that you park over the river, if a future council wants to change the parameters that you were setting? As this gentleman's just said, you said you are not going for taking off the motors and What happens if we vote you out and the next crew come in and you've already got this conservation happening, and can they then just quietly change without too much of a problem? Thank you. Larry Sengstock 30:04.430
Any council can consider the decisions of a previous council and revisit those policies and strategies adopted by that council. In relation to the issue of conservation park consideration, it's important firstly to understand this council is not going ahead with the conservation park, this council is considering a Noosa River catchment plan that includes an action to consider the conservation park. Consideration of a conservation park 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 future council considered going ahead with a conservation park over parts of the river. Frank Wilkie 30:57.620
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 31:14.380
I've got a 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. Clare Stewart 31:25.940
The third application is from Ms Hayley Haas. Oh hello Hayley. Would you like to come up to the podium? Thank you. You're well versed. Hayley Hass 31:36.092
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? Larry Sengstock 31:53.632
Council of Beers, South East Queensland, which is commonly known as COMSEQ, and I'll use that term, has integrated As indicated in 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, 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 CommSec'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. CommSec has invited Council to put forward high priority projects. Funding for projects is not guaranteed, however co-contributions for projects that will utilise good science and engineering will be well received. Hayley Hass 33:05.260
Can Council please outline what community consultation occurred before Noosa Council decided and /or resolved to join the SEQ Council of Mayors? Larry Sengstock 33:18.560
The decision to join the SEQ Council of Mayors or COMSEQ was made at the Council meeting on the 16th of September 2021. The decision to join COMSEQ has already proven to be advantageous for the Shire of Noosa. With the access to a 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. Clare Stewart 33:48.806
Okay, thank you, everyone. Thank you. We're now up to item eight, which is consideration of committee reports. 8.1, planning and and Environment Committee report, 10th of October, 2023.5.1 was referred to the zero emissions Noosa Zen Inc. grant funding agreement was referred to the general committee. 5.2, application for material change of use, hardware and trade supplies at 178. and trade supplies at 178 Eumundi, Noosa Road, Noosaville was referred to the general committee. 5.3 planning and environment court appeal number D130 of 2023 application to reconfigure a lot one into two lots at 39 to 41 Picture Point Crescent Noosa Heads. Item 5.4 planning and environment court appeal number D153 of 2023 application for change of use reallocatable home park community and affordable housing 32 dwellings at 55 and 70 Carpenters Road, Cooroy. Item 5.5 planning and environment court appeal number D133 of 2023 application for building works for a dwelling house at 60 Seaview Terrace, Sunshine Beach. Item 6 I, Councillor Stewart, inform the meeting that I have a declarable conflict of 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. 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, Councillor Wilkie. Frank Wilkie 35:27.800
You, Councillor Stewart. We have a motion to approve the items approved under Delegated 30. Moved. Seconded. Councillor Lorentson? Thank you. Any discussion? Put the vote. Those in favour? That's carried unanimously. Joe Jurisevic 35:50.580
Don't forget those online. Yes. Tom? Tom? Yes. Frank Wilkie 35:55.121
Thank you. Mayor Stewart, come back. Thank you. Clare Stewart 36:06.321
Would someone like to move? Moved by Councillor Wilkie, seconded by Councillor Stockwell. All in favour? Except for Karen Finzel 36:14.221
Karen. Karen's got her hand up. Yes. Clare Stewart 36:17.861
And Tom? Thank you, Tom. Yes. All in for unanimous. Thank you. 8.2, services and organisation committee report. 5.1, final waste plan 2023 to 2028.5.2, endorsement of Noosa local disaster management plan 2023. Item 5.3, Item 5.3 Noosa Shire Council sole and specialised list. Councillor Lorentson. Amelia Lorentson 36:44.184
I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my husband, Chris Laurinston, is an an employee of Page Furnishes 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. Clare Stewart 37:43.720
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, Vicki. 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 Change of use hardware and trade supplies at 178 Eumundi Noosa Road, Noosaville. 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 Wilkie, Stockwell and Finzel have all spoken to this motion. We have also been advised have also been advised by staff that if this motion is to go ahead we will also need to update condition three. Neither Councillor Wilkie nor myself can move an amendment as we have moved and seconded the initial motion. So should we have a councillor move an amendment add to item C you need to update condition three please. Brian Stockwell 39:03.688
I will move the amendment as recommended by staff and it will soon be shown on the screen so I can read it out. SPEAKER_12 39:16.678
You move it down. Joe Jurisevic 39:17.758
That was reduced to the height? Yeah. Related condition. Frank Wilkie 39:27.238
Thank you. Karen Finzel 39:34.558
Councillor Stockwell can you read that? Brian Stockwell 39:36.118
Yes so the amendments are in red. Karen Finzel 39:38.658
Yes Karen. to trade. Clare Stewart 39:40.318
Yes, Karen. Sorry. Karen Finzel 39:42.274
Can we make that larger so I can read it on the screen please? Clare Stewart 39:46.314
Can you see that Councillor Finzel? Karen Finzel 39:49.034
Yes, thank you. Clare Stewart 39:50.394
Thank you. Councillor Stockwell. Brian Stockwell 39:51.954
So the amendments in condition three 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 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 The second part of that amendment is the maximum height of the building is to reduce such that no part of the building exceeds 10 metres from the natural ground surface levels and finish levels. I believe condition 13, the change is from 12.125 metres to 10 metres. I'll second that. Thank you. Clare Stewart 40:42.750
Councillor Jurisevic has seconded it. Thank you, Councillor Finzel. Councillor Stockwell. Brian Stockwell 40:48.610
Thank you. 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 has 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 outcome. Clare Stewart 42:08.346
Thank you Councillor Stockwell. Would anyone like to speak to this? Thank you Madam Mayor, I'll support the 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 those 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 it's already going to be be, it's already going to be quite a shock to the community when that is just levelled to removal of the vegetation and put a 12 metre building there, 10 metres is going to be, which is what's allowed under the planning scheme, is going to be stuck. and the only reason we have heard from the applicant via the staff the reason for having it is that the applicant wants 12 metres rather than 10. There's another 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 metre height limit 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. Karen Finzel 43:38.578
Thank you. Would anyone else like to speak to this? Councillor Jurisevic. Joe Jurisevic 43:41.658
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 to support this. Karen Finzel 43:56.758
Anyone else? Councillor? Yes, thank you. you, through the Chair. 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 wellbeing 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. of our environment and that 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 44:44.382
Thank you, Councillor Finzel. Councillor Wegener, would you like to talk to this? Tom Wegener 44:51.160
No, thank you. Okay. Clare Stewart 44:52.560
Oh, I don't either. Councillor Stockwell, would you like to close? All right, we'll put it to a vote. All in favour? Frank Wilkie 44:58.760
Yes. Yes. Clare Stewart 45:00.280
Thank you. Carried unanimously. Thank you, Vicky. That brings us to That brings us to item 6.1. We haven't spoken to it Councillor Wilkie, but the original motion has been, Councillor Wilkie you've spoken to it, Councillor Stockwell and Finzel have all spoken to it, so Councillor Jurisevic and Lorentson, would you like to speak to it? Councillor Wegener, would you like to speak to it? Tom Wegener 45:27.320
No thank you. Frank Wilkie 45:29.800
I don't wish to close Madam Mayor, I think I've said it all. Clare Stewart 45:33.240
Thank you, put it to a vote, all in favour? Yes. Thank you, thank you both, carried unanimously, thank you Vicki. Item 6.1 MCU 2022/0209.01, minor change to a development permit for a material change of use for short-term accommodation at 515 Cooroy, Noosa Road, Tinbeerwah. Item 6 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 Lock and Weir new fees and charges for access devices as I'm a resident. 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'll now leave the meeting room while the matter is considered and voted on. Thank you, Councillor Wilkie. Frank Wilkie 46:26.193
Thank you, Madam Mayor. Okay, we have a motion before us about the Council note the report by the engineer and agree to fees and charges for the water access cards. I move Councillor Stockwell. Do we have a seconder, please? Seconder. Councillor Jurisevic, any discussion? I'll put it to the vote all in favour. Council Finzel. Yes. Councillor Wilkie. And that's unanimous. Thank you. Mayor. Brian Stockwell 47:10.940
We didn't change that. It's only for one house. Clare Stewart 47:15.380
I'll take it up with my 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. Thank you Councillor Wilkie. All in favour? Councillor, yeah. Amelia, Karen Tong? Yes. Carried you down to sleep, thank you. Item nine is reports direct to the ordinary meeting. The main act, 9.1, summary of feedback, Noosa River catchment management plan. Councillor Stockwell. Brian Stockwell 47:53.195
A few conflicts of interest, I'll wait for it to come up on screen. I wish to inform the meeting I have declarable conflicts 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 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, as 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 AGMs now, but I live at the last AGM, representative on the committee, representing council on the 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 health... as healthy land and water have been providing feedback on the drafting of 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 sole trader consultancy, Watershed Australia. The business relationship ended in 2020 as I had completed the last contract with Seqwater. I not likely I will not likely be, 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 declare 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 a reasonable person will consider that I consider the matter in a fair and impartial manner. And that might duplicate a bit. We might take that last. Have I done that 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. Karen Finzel 50:28.835
Thanks, Councillor Stockwell. Any questions for Councillor Stockwell? Councillor Amelia Lorentson 50:34.075
So, healthy land I'm just reading that for the first time. You have a business relationship. Can you explain what your business relationship is? Brian Stockwell 50:45.056
Please uh yes and started there i subcontracted them for contracts i was doing with Seqwater they provided the gis mapping support over about two or three years so for clarification do you have a business in consultancy yes Yes, as in the declaration, my sole trader consultancy called Watershed Australia. Amelia Lorentson 51:11.368
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 business or consultancy called Watershed and question... Sorry, question two, through the Chair. So should that be a separate declaration? Larry Sengstock 51:41.887
It's the consultancy relating to this particular data. Frank Wilkie 51:53.473
I have a question. I have a question. What is Watershed's... What is your consultancy's relationship to the Noosa River plan? That's the matter we're discussing tonight. None. Thank you. Clare Stewart 52:04.773
Can I ask a question? What is Watershed Australia? Can you just tell me a little bit about about the consultancy and what it does? It's my business name. Brian Stockwell 52:10.739
I'm a sole trader. Clare Stewart 52:12.039
But what exactly do you provide? Tell us about the services that Watershed provides. What does it exactly do? Brian Stockwell 52:17.339
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 government agencies or not-for-profit groups. Thank you. Amelia Lorentson 52:41.852
Councillor Stockwell, I'm on your website at the moment. I note that under consultancy on your website, you've actually noted Noosa noted Noosa and 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 53:05.218
Yes, sure, and that's part of the declaration if you want to scroll up. and say like it it says Oh no, it's the one on MRCCC. Yeah, that one was 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, it was 2013. Amelia Lorentson 53:28.721
The date 2013 I note is not actually on the website, it appears that you have on-going consultancy. Brian Stockwell 53:37.861
No, that was the only consultancy I did with Landcare. Amelia Lorentson 53:41.003
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? Brian Stockwell 53:55.929
I'm a councillor at Noosa Shire. Clare Stewart 53:58.889
Did you have further to Councillor Lorentson's question prior to the report coming to us did you have any involvement in regard to that? Brian Stockwell 54:08.669
As a councillor I ask questions, I respond to feedback. I respond to feedback, I provide suggestions, have done since 2016. Clare Stewart 54:16.456
So you provided suggestions to the staff in regard to the Noosa Rehabilitation Plan, is that correct? Oh yeah. Amelia Lorentson 54:24.515
So did you have anything to to do with the inclusion of a conservation park? No. Frank Wilkie 54:32.802
I'm happy to move the motion. Which is? Motion that council note the declarable conflicts of interest by Councillor Stockwell. And determine that Councillor Stockwell participates and votes in this matter because council believes that a reasonable person would trust that the final decision is 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. councillors we've had these declarations before with quiz Councillor Stockwell before. I'm concerned that there's an extra level of inquisitorial cross-examination going on tonight trying to draw an unsubstantiated 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 And I don't think that's equitable. I don't think it's the right way to go, considering that we've always, Council stock has always been open and declared his interests, which is the main thing. They're on the table. He's not profiting from taking part in this decision about the Noosa River Plan. He hasn't. And any inference is improper. that he has is improper. Clare Stewart 56:05.249
I'll speak to that. Can you move it down, please, Vicki? Council Stockwell himself today said that the third, the third, held of the declarations was the first time it's been declared. So we haven't actually prosecuted Councillor Wilkie in regard to the declaration. In his own words, it's come before us first. That's correct, isn't it? I can clarify. In previous times when we 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... 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. 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. Amelia Lorentson 57:22.123
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... whether a fair-minded, reasonable person, a man on the street, believes that there is a possibility that he would be impartial or whether his judgement would be impaired by his personal interest. And given 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. for that reason, I'm voting that he leaves the room. Thank you. Clare Stewart 58:15.774
I was just about to say... I appreciate the sentiment. Brian Stockwell 58:17.134
And, Chairman, your responsibilities, please. Yes, thank you, Councillor Clare Stewart 58:18.854
Stockwell. I was just about to say, we appreciate... about to say, we appreciate your interest, but if you could just keep the clapping or the booing or whatever you may do to us, just to yourselves. Thank you. Appreciate it. Joe Jurisevic 58:32.600
Yeah, wrong go-do. 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 land and water is 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 experience in this area in the room to debate where 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 come before council where we particularly where you have the relevant experience. Clare Stewart 59:22.821
Thank you Councillor Jurisevic. Councillor Finzel or Wegener would you like to talk to this or Councillor Finzel I'll start with you. Karen Finzel 59:32.540
Yes thank 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 to the table and contribute to decisions made on behalf of the Shire. This evening 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 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. Clare Stewart 01:00:34.176
Thank you, Councillor Wegener. Tom Wegener 01:00:36.928
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 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. Thanks Councillor Wegener. Karen Finzel 01:01:13.176
Councillor Wilkie would you like to close? Frank Wilkie 01:01:16.056
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. It is not in my view 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 declared that in the fall of a packed gallery there is no personally or materially to Councillor Stockwell taking part in this debate yes he did some work for Healthy Land and Water Healthy Land and Water is mentioned in this report I don't even know if Councillor Stockwell's work 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 This is a very tenuous shadowy link that's been drawn here and it's an easy one to sell because the emotion is so high and it's an easy one to sell 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 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 I'm hoping other councillors can rethink councillors can rethink the course that they are taking and 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, Councillor Wilkie. Tom Wegener 01:03:40.006
Councillor Wegener. Wegener. Clare Stewart 01:03:42.006
Those against? Stewart, Laurenston and Finzel. I have a casting vote for Councillor Stockwell. Frank Wilkie 01:03:58.380
I'll move the motion, oh you've got more. Joe Jurisevic 01:04:02.580
Now I would like to leave the staff recommendation with that some additional additional amendments or some amendments in this case because the 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 which is the 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 catchment management plan and a adopt the Noosa river catchment management plan for ongoing implementation implementation. Noting some implementations will involve further stakeholder engagement and are subject to future budget considerations and being authorised the CEO to make minor changes and edits to the plan prior to finalising designing and publishing the plan. Note the possible changes in response to feedback outlined in this report as for 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 the congestion improve the rivers amenity currently being considered by MSQ as outlined in the report. I'd also like to Okay, I don't 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 mangroves, and any other outcomes Noosa River Stakeholder Advisory Group or in the proposed actions of the plan with regards to anchoring. 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 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 and socio-economic 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 stakeholders. That the concept of a conservation park must align with the desired outcomes and uses supported by the Noosa River Catchment Management Plan and authorise the authorise the CEO to undertake a process of community and stakeholder consultation on the concept of 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 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. Karen Finzel 01:07:36.278
Thank you. Joe Jurisevic 01:07:37.678
I do so on the basis of feedback from the community. Last 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 ten 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 the work and the work and the the elements that 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 there in the 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 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 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. 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 and the well-being of the river is at the forefront of their consideration. Now we had some questions raised around the elements of this going forward all of those questions are relevant 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 consider. Noosa River is not would not be the only river to have have a management plan and would certainly not be the only river to to have actions to undertake the management and the to what we're trying to thought and to consider the needs of the of the greater community for such a great asset but certainly the the Gold Coast waterways are one that come to mind that have a significant plan 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 that a conservation park being if it was introduced could not override the Noosa River catchment management plan. It would need to go out again to be completely rewritten. So that's why I've put in clearly articulating that the conservation park the concept of the conservation park would go out for further public consultation with all key stakeholders and the general public and that the concept of conservation park must align with the Noosa River catchment management plan and not be a vehicle for overriding the actions within. We have a motion for us that a procedural motion here would defer it to where? Where are we going to defer it to? We don't have another meeting after this to defer it. Clare Stewart 01:11:57.594
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 advice of the CEO. I'll ask the CEO for that advice to clarify that advice. Larry Sengstock 01:12:25.424
Amendment now before the meeting be deferred. This is a procedural motion, um, number 31.3 here. The item, motion or amendment now before the meeting be deferred must specify the time or date to which the debate shall be deferred and the matter about which debate is to be deferred shall included in the business paper for the meeting identified in section 31.3. Question, um, for CEO. Frank Wilkie 01:12:49.990
Does a council have the power to defer a meeting to that of another term of count, another, a whole new council? Amelia Lorentson 01:13:12.140
I would like to defer consideration of the Noosa River catchment 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 July 2024 Council with the final and fully-costed Noosa River catchment plan. So that Council defer consideration of the Noosa River catchment plan to enable Council to undertake appropriate and full community and stakeholder consultation on the final draft Noosa River catchment plan in 2024, and in following this process, report back to the July 2024 Council with the final and fully-costed Noosa River catchment plan. Joe Jurisevic 01:14:11.610
Sorry, point of order, Madam Chair. Can I correct the language there? It's the Noosa River catchment management plan, as I understand it, but the management plan-- Yes, sir. Clare Stewart 01:14:19.790
Thank you, Councillor Jurisevic, for your prudence. If we could just add a management in there and-- M as in each of the-- And M at the end. Yes, Thank you. And last one, last, last word. Thank you, thank you. Amelia Lorentson 01:14:40.102
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. Karen Finzel 01:15:22.172
Councils have heard from the General Manager of the Boating Amelia Lorentson 01:15:25.292
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, and as it was not part never part of the overall consultation that has been in play for years. We've heard from community, we've heard from stakeholders, and it's clear from the number of people here this evening that 2,400 signed a signed petition, the 207 signed petition opposing the plan, and by the hundreds and hundreds of emails, both for and against the plan, social media posts, the published newspaper articles and news reports that there widespread confusion, misinformation and distrust with council within 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 of the conservation park was made two months ago without broad and appropriate consultation. There has been no... And why other models, such as the River Trust, were not considered, were not evaluated, costed and presented. How did we go straight to a conservation park status recommendation? It is therefore not reasonable nor right 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 not at risk. 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. the purpose Further, there's no authorisation needed under state legislation to access declared fish habitat areas for community uses. the State legislation is fair and it's equitable. 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 issue 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 decision making and the importance of maintaining the 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 01:19:10.980
We can, Councillor Wegener, we're going to Councillor Wilkie who stood up. go to you next. Frank Wilkie 01:19:21.936
Bear with me, everyone. In late 1934, Howard Parkin and Alex Gibson landed a 454-pound groper, that's 206 kilograms, at Tewantin, reportedly near where the old bars are, near the marina. According to the newspaper report at the time, dated December 5th, 1934, it took Howard and Alec over half an the fish, which was seven foot, or 2.13 metres long, and smashed the previous record of a 300 pound groper caught 12 years previously by the Massos. The groper was purchased by a Tewantin fish merchant who sent it fish markets. Before it was caught, there had 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 it's been out 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 year, with with each public consultation. It gets bigger and 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 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 hoped for tonight. The growth of the river plan started again in 2017 when Council reviewed and updated the 2004 Noosa River Plan, taking... River Plan taking a more comprehensive whole of 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 2018 it grew again into an updated version of the previous draft plan that plan That plan 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 and it grew bigger. From April 2021 to March 2023, the Noosa River Stakeholder Advisory Committee advised Council and MSQ on river priorities. 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 as tackling anchoring, mooring and liveables, 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. 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 the rear of the draft plan. the past five months and more ideas were added including that of a concert 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 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. 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: 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 It's residency. Have resulted from more consultation. Quote, 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 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 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 1.1 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 While the draft plan includes an option to consider a conservation park, there is no guarantee this will occur and is one of several potential models being investigated. To deliver integrated river management with multiple state agencies that have regulatory powers in and around the river. I'm almost finished. Amelia Lorentson 01:24:49.630
That's five minutes. Frank Wilkie 01:24:50.470
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. and cons and their impacts of a conservation park. It wouldn't happen without consulting with you in the first place. That was always the intention. It's built into the plan. Consultation is built into the plan. Then they have to prepare a report to the minister to assess the proposal should the council wish to pursue gazettal based on the outcome of public consultation. Community use including boating, commercial and recreational fishing is allowed in a conservation park as it currently is in the existing fish habitat areas. There were 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 to remove fossil fuel boats from the river. The conservation park conservation park proposal extends over the already 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 marina at Tewantin along Gympie Terrace and Noosa Sound to the river mouth. The declaration of a fish habitat area also does not restrict existing legal recreational traditional or commercial fishing. The 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 with Bish and Other Aquatic Life for everyone. Thank you, Councillor Wilkie. I'm almost finished. Well, you've been two minutes over. It's a very important vote. Mayoral Chair, 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 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 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 consultation for a conservation park, gives us the best chance of ensuring we hand down a river to our children that is clean, uncluttered, safe and 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. At the start of 2020, at the start of 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. about and no decision. Pleading with councillors tonight, let's not let 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. Amelia Lorentson 01:28:39.250
Just so I have a question through the chair. Yes. Just 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... Clare Stewart 01:28:54.275
Thank you. Councillor Wegener. Tom Wegener 01:28:59.215
That won't be so long. To defer the river plan is an act of environmental vandalism. We've been waiting for this for so long. The public have been waiting for this plan forever. forever, well, 20 years. We know that the river needs our help. We know that 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. We think that the State is good enough. enough? We'll tell that to Well. Well, tell that to all those other rivers out there. Does the State do good enough for the Mauritian 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 cannot kick the can down the road. And trusting council. You know, council does an amazing job with our biosphere. We've done an amazing job with our national parks, with our environment levy, with purchasing trees, with more qualities. qualities here now than a few years ago. We do an amazing job with our environment in Noosa. To say that the public doesn't trust 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. Clare Stewart 01:30:40.802
Thank you Councillor Wegener. Councillor Finzel. Yes, thank you. Karen Finzel 01:30:48.520
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 And like this river, it ebbs and flows, it has its highs and lows, and thank you Councillor Wilkie for your journey down history. It was like we were on a boat heading down the river. I think together we 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 spoke 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, 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 years, would agree that supporting Councillor Lorentson's motion for a procedural motion and specifying the date in July 2024 for a final For a final and fully costed NRCP, it's not unreasonable and I will be supporting that recommendation tonight. Clare Stewart 01:33:13.697
Councillor Wegener talks about environmental vandalism. What is environmental vandalism? It's the liveaboards and the moorings across our rivers that are leaking effluent. Leaking sewerage. They're cluttering our river. We want to tackle that. We want to tackle the environment. We want to improve the river. That's where we start. And it has bipartisan support. Councillor Wegener also talks about it's a disgrace. Well, I'll is a disgrace? A disgrace is if we don't listen to our community. We have 2,800 people, a packed house and hundreds of people out there telling us we're not listening. 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. That's what we're elected here job. 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. They haven't been consulted on the conservation park. Councillor Wilkie talked about the history and all the consultation. One problem, no one's been problem, no one's been consulted on the conservation park. consultant Despite all those years of conservation, in this instance, at this time, not one person has been consulted on the 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, how we want addressed, how we want the moorings, how we want the 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 they have the 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 the Council of Mayors, we are now part of the Resilient Rivers Program, which is then the beneficiary of up to $40 million for South East Queensland. So let's advocate So let's advocate with them. Let's work 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 ratepayer having to pay for it. In its current form, I cannot support the river plan. There are aspects... aspects about it and it talks about the river boards and it talks about the moorings and it talks about sediment control and they're good things but I can't support it in its current form because the community doesn't support it. 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 is being compromised and at the end of 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 is everyone's river and we all 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. Frank Wilkie 01:37:04.338
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 affect Noosa North Shore residents for infrastructure issues and general members of the community for general access and use of the river. Question for Director Rawlings. Clare Stewart 01:37:44.683
Thank you, Kim. So we have Director Kim online. Thank you, Kim. evening. Karen Finzel 01:37:50.972
Good evening, Councillors, and through the Chair. Excuse me, I'm just getting a bit of feedback. Clare Stewart 01:37:58.332
You're all right. Kim, we can hear you quite clearly. Karen Finzel 01:38:01.672
Just in response to Councillor Wilkie's question, no, the conservation park is not... Firstly, it's... Firstly, it's a concept. 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 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 there are a range of encroachments and things in the river that need to be dealt with but this is not concept or model that is intended to do that. Thank you. Frank Wilkie 01:39:12.333
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. The question I have is if If, can I see the motion please that we're voting on? Yeah, that the further community consultation, the full community and stakeholder consultation on the 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... a marine park zone, which is even more restrictive. How are we going to manage 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 01:40:24.240
Kim, do you want to have a crack at that or? Karen Finzel 01:40:29.420
Look, what I will say is that when you develop a plan or a strategy that's had input from the community in consultation, often ideas come up through that process. in the final plan. The final plan is then reported to council. So yes, there's likely to be new ideas and new concepts in the final plan. That happens with all our plans that we consult on. So I think what Councillor Wilkie's alluding and they are then captured. Alluding to 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 consultation 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 assessment, Staff assess those. 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 01:41:40.940
So, just to clarify, if there's something even more, if there's something actually radical in there marine park proposal that would have real implications to restrict all sorts of fishing, if enacted, that would require more consultation and would you build the consultation into the plan 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? Clare Stewart 01:42:27.320
Yeah, 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 scaremongering when you're talking about marine parks, and you're asking Kim questions that she can't ask. These are hypotheticals. We're dealing with a motion We're dealing with the motion before us to defer it. Let's stick to that. Joe Jurisevic 01:42:46.283
Point of order, point of order, Madam Chair. The Councillor 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. Clare Stewart 01:42:57.603
Kim, would you like to answer the question or do you have, I mean, this seems to be going around in circles. Would you like to wrap it up? Karen Finzel 01:43:06.215
Through the Chair, could that question be repeated please? I didn't catch the whole question. Sure, sure. I said it out of misery. Lost in translation. So Kim, I said once this motion is passed tonight it becomes a vote of the Council and we all support that and we will. My question is when this next round of public consultation comes up where we 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 it's 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 consultation be 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 01:44:07.941
Councillor Wilkie, we're going to have an acting CEO answer that. Larry Sengstock 01:44:15.540
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 test them, we bring them back, and it works. At some point, yes, you have to draw a line, and with every plan, that's what happens. You're not going to please everybody, but you have to draw a line. But what would happen through this process if this is... It's agreed, 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, the idea would be to take that through, bring it through, and then iterate, consult, bring it back, 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 too, Councillor. We're all trying to get to that point, is to get a decision. So what we would do is just keep working it, working it, it's almost like moulding it, and then you come to a position where we're all comfortable that that's the best position we can take. So yes, that would be the process. But what's in that plan, to start speculating different things in it, is too early to say, and it's not fair. not fair on our offices to do any of that at this point in time. It's just an iterative process, and this has been a long process, and we're trying to get to a point where we're all comfortable with it. Thank you, Councillor. Joe Jurisevic 01:45:43.075
Thank you, Madam Chair. I'm not sure whether Councillor Finzel has a hand up. Councillor Finzel, do you have your hand up, or is that from previous? Karen Finzel 01:45:49.995
Yes, as I do. Thank you through the Chair. I have a question for staff online to Kim. him considering when we come to making decision making on council, we look at risk mitigation, sound fiscal management, meaningful community consultation. What do you identify identify perhaps the top risks to the river or environmental impacts if this procedural motion tonight is supported and it goes through to July? Clare Stewart 01:46:29.919
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 01:46:37.299
Sorry Councillor Finzel but I think that's a very difficult question for our officers to answer at this point in time in terms of the topic tonight. This is again This is, again, this has been a process that's been going for a number of years. We've been working through it. The river is, you know, in good shape. We're lucky 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, and that's what this next process, if this is the way we're bound to go, then we would work through that and ensure that whatever is brought back to the table is the best thing for the river and for the community. Amelia Lorentson 01:47:23.679
Through the Chair, can I ask a question with Kim? Lots of great ideas have 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, is it possible that after consultation and addressing Councillor Wilkie's concerns about is there going to be consultation, top of consultation, top of consultation, is it possible that 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 trust or a conservation park that takes its own path with public consultation and feasibility studies, et cetera. Karen Finzel 01:48:22.814
Thanks, Councillor Lorentson. 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. Yes, absolutely. I could go on, but simple answer to your question, is it possible? Yes, it's possible. Joe Jurisevic 01:48:46.822
Thank you very much. Thank you. I'll speak to the procedural motion, which I haven't done. Yes, Councillor Lorentson, that could have been done here tonight. We didn't have to defer the entire catch-up management plan. We could have dealt with the element of contention within the community, as my motion attempted to do. the fact that we were going to go out we could go out to full public consultation on the element that is that that it has contention within the community as my feedback from the community told me that's that was the element that they couldn't deal with that they needed needed further further time to 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 That we put in there, then reiterate, causes us to then go, oh, we've got a new idea. Sorry, we're going to go out to 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, okay, and the reason I agreed 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 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 so the public would then turn around and go it's going to stop us having boats 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 in the plan. Council Wilkie articulated that element quite clearly and in my reading of the plan and my communications with those people We must be reading two different documents because that's not my interpretation or my understanding of what is before us. have sat here for 10 years in this chamber, I've had a part of 10 years in this chamber 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 us the opportunity to go forward and deal with all of those things that people have brought to 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 01:51:38.285
Thank you, Councillor Jurisevic. Amelia Lorentson 01:51:42.205
Councillor Jurisevic, a conservation park has never been mentioned in any previous planning documents. A conservation park has never been mentioned in draft river plan. A conservation park has never been mentioned in council strategic plans. MSQ's own river advisory committee had no idea about a conservation park. There has never been full disclosure. There has been meaningful opportunity for the community to review. Karen Finzel 01:52:15.465
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 disingenuous to say that there has been previous consultation with the community and stakeholders when the idea of a conservation park only came to Council two months ago. It is disingenuous to say that there has been extensive previous consultation when there has 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 a conservation park to be managed solely by council is a significant under undertaking and cannot occur without full community consultation. 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 01:53:44.928
Will put this to a vote. All in favour of Councillor Lorentson's procedural motion. Councillor Stewart, Councillor Lorentson, Karen and Tom, I cannot see your hands. Karen Finzel 01:53:58.708
No No. sorry can you can you just call that again please yes Sorry. Clare Stewart 01:54:03.084
This is the vote for are you in favour of Councillor Lorentson's procedural motion to defer this until next year. I read the whole procedural motion again to Councillor Finzel please? Yes please. 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 undertake appropriate and full community and stakeholder consultation on the final draft Noosa River catchment management plan in 2024 and following this process report back to the July 2024 council with a final and fully costed Noosa River catchment management plan. Karen Finzel 01:54:51.544
Thank you, Madam Chair. Clare Stewart 01:54:53.992
I will support Councillor Lorentson's procedural motion. Thank you. And against? Councillor Jurisevic, Councillor Wilkie and Councillor Wegener. Correct, Councillor Wegener? Yes. I have the casting vote that motion is supported. Councillor Lorentson, your motion is successful. And I would like to add this has been a very emotive issue and I want to acknowledge this has taken its toll on all of us and it's taken its toll on staff. So I want to acknowledge them in this process as well and I want to thank the community for your input, for your feedback and for your interest. This is your river and this is your plan. Absolutely. Karen Finzel 01:55:46.380
Excuse me, Madam Chair. Clare Stewart 01:55:48.060
Yes, Councillor Finzel. Karen Finzel 01:55:50.040
Can we just have a five-minute break? Yes, we have to anyway because we have to clear the room. We have to go into confidential session so we will have to clear the room. thank you all for your attendance tonight. I hope to see you all back next time. Frank Wilkie 01:56:06.528
Thank you, everyone. Larry Sengstock 01:56:09.908
Brilliant, brilliant. We'll have all your councils next year, mate. Frank Wilkie 01:56:15.108
Just Joe Jurisevic 01:56:31.300
Subtitles ready? Setting? Where are we? Clare Stewart 01:56:48.380
Thank you. We have one confidential item on our agenda. That is confidential, not public release, councillor conduct complaint investigation. Brian Stockwell 01:57:15.460
I wish to declare that I declare a conflict of interest in this matter. Declare a conflict of interest in this matter 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 01:57:46.360
As this item is confidential, I'll move that we go. Any other conflicts? No. Councillor Wegener, Councillor Finzel? Karen Finzel 01:57:56.455
No conflicts, Madam Chair. Clare Stewart 01:57:58.455
Thank you. Well, as this item is confidential, I'll move that we go into confidential session. Karen Finzel 01:58:10.175
Yes. Thank you. Frank Wilkie 01:58:22.179
Um, let's see here. Joe Jurisevic 01:58:39.640
Clare. Clare Stewart 01:58:40.080
Oh, okay, you moved? Joe Jurisevic 01:58:42.060
Sorry, did we have a seconder? So I'll move that the resolution that we reopen the meeting to the public. I'll second it. All in favour? Yes. Thank you, unanimous thank you. We are now open to the public. Do we just... Somebody's going to have to Okay, who wants to move the resolution? I'm happy to move the resolution that council note the confidential report of the acting CEO CEO to the ordinary meeting dated 26th of October 2023 and a Pursuant pursuant to section 150 AG1 of the Local Government Act 2009, Council finds that on 12 March 2023 and 13 March 2023, Councillor Stockwell engaged in inappropriate conduct by breaching the Code of Conduct in for Queensland. councillors 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. Pursuant to section 150 AH1B1 and 3 of the Local Government 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. Councillor Stockwell is to attend training or counselling at the Councillor's expense within a period of three months from the date of this order. Clare Stewart 02:00:53.655
All right we'll put it to a vote. All in favour? Yes. Yes that's unanimous. Thank you very much. That brings us to the end of of the meeting there are 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. Thank you everyone. Related Noosa Council Meetings
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