Ordinary Meeting - November 2023
Date: Thursday, 16 November 2023 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 01:56:36
Synopsis: Planning: Multiple short‑term accommodation expansions refused, RACV beyond urban boundary, Recycling: 8‑yr processing contract, Community: Grants to youth, Tourism: Endorsed Destination Noosa, Infrastructure: Awarded landslide remedials.
Meeting Attendees
Councillors
Clare Stewart Karen Finzel Joe Jurisevic Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Strategy And Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Infrastructure Services Shaun Walsh AI-Generated Meeting Insight
Key Decisions & Discussions Joe Jurisevic : Secured unanimous approval for remote attendance of Frank Wilkie and Karen Finzel under s254K Local Government Regulation (00:00; Attendance & Apologies). Richard MacGillivray : Confirmed Council has not consulted on fluoridation; relies on Queensland Health; fluoridation regulated under Water Fluoridation Act 2008; Unitywater/Seqwater operate system (06:53–09:16; Public Question Time 11.1). Kim Rawlings : Reported $226,675 in Council grants to Zero Emissions Noosa since 2017 (11:08; 11.2 Q1). Kim Rawlings : Community battery ($500k grant) not assessable if pad-mounted Council : Refused short-term accommodation expansion at 94 & 142 Noosa Dr (RACV) for inconsistency with Noosa Plan 2020 and environmental overlays; requested CEO review zone/urban boundaries in future scheme review (21:06; Item 8.3, 5.1). Council : Part-approved change for 201 Mary River Rd roadside stall, but refused Food & Drink Outlet; gave 3 months to cease café and coffee roasting; directed CEO to locate suitable alternative site and explore hinterland mobile trader options; asked to investigate extending 60km/h zone on Mary River Rd to Lawnville Rd (01:01:07–01:06:35; Item 8.3, 5.2). Council : Refused minor change to STA at 515 Cooroy Noosa Rd (Tinbeerwah) as “substantially different development” and inconsistent with Rural Zone and Visitor Accommodation Codes (15:51–16:56; Item 8.1, 5.3). Council : Noted resort complex application at Noosa Springs reverted to Confirmation Notice due to “Other Change” (Item 8.3, 5.3). Council : Adopted multiple Community Grants rounds, RADF Round 20, and allocated remaining grants budget to youth initiatives (Item 8.3, 6.1–6.6). Council : Endorsed Tourism Noosa’s Destination Noosa Strategy 2023–2027, with review post-Destination Management Plan (Item 8.3, 6.9). Council : Entered 8‑year recycling processing contract under s235(a) LGR 2012 (sole/specialised supplier) up to $900k p.a. (Item 8.3, 7.1 Confidential). Council : Awarded four flood landslide remedial works packages; delegated CEO authority incl. up to 11.5% variations (Items 10.1–10.4). Contentious / Transparency Matters Tom Wegener : Sought to allow Bus Stop Espresso to operate 24 months before cessation; motion lost 6–1 after risk, amenity, and planning scheme concerns (22:48–01:01:01; Item 8.3, 5.2). Frank Wilkie : Warned deferring 24 months risks safety and undermining consistent scheme application; cited potential Planning & Environment Court exposure (40:22–44:41; Item 8.3, 5.2). Brian Stockwell : Publicly refuted petition “misinformation” alleging intent to remove powered vessels from river; clarified context of prior remarks (00:00–03:57; Confirmation of Minutes). Council : Recycling MRF decision handled confidentially but referenced s235(a) exemption on record (Item 8.3, 7.1), aiding probity trail. CEO/Directors : Noted staffing shortages and hot construction market affecting capital delivery; committed to prioritised transport projects and data for TMR strategy (01:45:43–01:50:13; Item 9.1). Legal / Risk Council : Continued enforcement in P&E Court Appeals D154/2023 and D155/2023 (Attunga Heights) for STA breaches of The Noosa Plan (17:56–19:13; Item 8.1, 5.5–5.6). Richard MacGillivray : Advised Council must act reasonably to cease unlawful uses and that lengthy tolerance (24 months) raises liability exposure if incidents occur (32:46–33:18; Item 8.3, 5.2). Council : RACV STA refusal grounded in extensive scheme conflicts (environmental overlays, height, urban boundary, biodiversity, water quality) and SEQRP context; strengthens litigation posture (Item 8.3, 5.1). Council : Fluoridation governed by Water Fluoridation Act 2008; cessation would incur local costs; no consultation undertaken to date (06:53–09:16; 11.1). Council : Mobile trader feasibility to follow proper policy/tender processes; any policy variation requires demonstrated overriding community need and competitive access (35:25–35:53; 01:01:07–01:06:35; Item 8.3, 5.2). Conflicts of Interest Amelia Lorentson : Declarable COI due to owning an STA; permitted to participate on multiple STA items by unanimous vote; did not vote on the permission motions (15:51–18:34; Item 8.1, 5.3/5.5/5.6; Item 8.3, 5.1). Frank Wilkie : Prescribed COI for RACV (sponsor of Noosa Arts Theatre where he is President); left room on RACV STA item (20:13–21:24; Item 8.3, 5.1). Karen Finzel and Brian Stockwell : Declarable COIs linked to Leigh McCready (Tourism Noosa/Katie Rose Cottage, prior campaign involvement); processes followed; Finzel left where applicable; Stockwell permitted to remain (Item 8.3, 6.5 & 6.9). Short Term Accommodation / Planning Scheme Council : Rejected Tinbeerwah STA “minor change” as substantially different due to intensity; conflicts with Rural Zone and Visitor Accommodation Codes (15:51–16:56; Item 8.1, 5.3). Council : Refused RACV STA expansion outside urban boundary; cited biodiversity loss, height exceedances, water quality shortfalls, inconsistent use in Environmental Management & Conservation Zone; sought future scheme boundary review (Item 8.3, 5.1). Council : Affirmed enforcement stance on unapproved STAs via ongoing P&E Court actions (17:56–19:13; Item 8.1, 5.5–5.6). Environmental Concerns & Noosa River Kim Rawlings : Conservation park concept over Fish Habitat Areas deferred to 2024; scope and benefits to be determined (13:17–13:39; 11.3). Brian Stockwell : Corrected public record on river use comments; emphasized shared powered/unpowered values and carrying capacity management (00:00–03:57). Council : Accepted Non‑Powered Water Sports Feasibility Study for future planning (Item 8.3, 6.7). Tourism, Grants & Community Council : Endorsed Destination Noosa Strategy 2023–2027; to be reviewed post-Destination Management Plan for alignment (Item 8.3, 6.9). Council : Approved Community Project Grants (multiple streams), RADF Round 20, and reallocated $68,470.65 to youth-focused initiatives (Item 8.3, 6.1–6.6). Customer Service : KPI improvements in call wait times attributed to added staff resource (01:50:21–01:51:32; Item 9.1). Infrastructure & Flood Recovery Council : Awarded four landslide remedial tenders across Cooroy, Ridgewood, Cootharaba, Black Mountain, and Black Pinch Rd; CEO delegated to finalize and vary up to 11.5% (Items 10.1–10.4). Shaun Walsh : Prioritised parking tech trial and Northern Sunshine Coast Public Transport Strategy data for TMR; deadlines imminent (01:48:34–01:50:00; Item 9.1). Council : Supported Emu Mountain Rd shared path grant bid (with design, safety conditions) (Item 8.3, 7.2 Confidential). Public Health & Energy Richard MacGillivray : Affirmed statutory framework and Queensland Health guidance underpin fluoridation; cessation would be a local decision with local cost impact; no consultation to date (06:53–09:16; 11.1). Kim Rawlings : Community battery project proceeding within non-assessable planning pathway; lifecycle risks assessed (11:50–12:29; 11.2).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 16 November 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 16 NOVEMBER 2023 1. ATTENDANCE & APOLOGIES COUNCILLORS Cr Clare Stewart (Chair) Cr Karen Finzel Cr Joe Jurisevic Cr Amelia Lorentson Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil. Council Resolution Moved: Cr Clare Stewart Seconded: Cr Amelia Lorentson That in accordance with Section 254K of the Local Government Regulation, Cr Wilkie and Cr Finzel are approved to attend the Meeting dated 16 November 2023 via Microsoft Teams. Carried unanimously? 2. CONFIRMATION OF MINUTES 2.1. ORDINARY MEETING 26 OCTOBER 2023 Council Resolution The following was presented to the meeting in relation to this item: Cr Stockwell – refer to 2023-11-16 Attachment 1 to the Minutes - Cr Stockwell - Public Statement Moved: Cr Brian Stockwell Seconded: Cr Joe Jurisevic The Minutes of the Ordinary Meeting held on 26 October 2023 be received and confirmed. Carried unanimously. 3. MAYORAL MINUTES Nil. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 4. PETITIONS Nil. 5. NOTIFIED MOTIONS Nil. 6. PRESENTATIONS Nil. 7. DEPUTATIONS Nil. 11. PUBLIC QUESTION TIME 11.1. DEBRA WALZ Question 1. Given everything we know about the toxicity of fluoride, and Noosa Council being only one of 21 councils of 77 councils across the State of Qld, that has adopted the inclusion of fluoride in the town water supply, was there any community consultation prior to fluoride being included, if so, when and how? Answer provided by Richard MacGillivray, Director Development and Regulation Queensland Health advise that fluoridation of drinking water is the most effective community-wide means of reducing tooth decay. Water fluoridation at optimal levels remains one of the most significant oral health programs in Australia and is supported by peak health bodies including; National Health and Medical Research Council, Australian Dental Association, Australian Medical Association and the World Health Organisation. Queensland Health confirm that approximately 72% of Queenslanders receive fluoridated drinking water. Fluoride is added to drinking water because it strengthens tooth enamel and reduces tooth decay. The Department of Health is responsible for encouraging councils in Queensland to add fluoride to drinking water as well as strictly monitoring the quality and safety of potable water under state law and national guidelines. Fluoridation in Queensland is regulated in accordance with the Water Fluoridation Act 2008 and Water Fluoridation Regulation 2008. The State Government has since devolved powers to each local government in Queensland to be able to make the decision whether or not the town water supplies within their area are fluoridated. Noosa’s water is treated by the region’s bulk water authority Seqwater, including the addition of fluoride and is then distributed to customers throughout the region by Unitywater. It is relevant to note that the full costs to reverse any decision to fluoridate the water supply must be borne by the relevant local council and ratepayers. I am aware that Noosa along with Moreton Bay and Sunshine Coast Council’s, within Unitywater's service area, have not made a decision under section 103 of the Water Fluoridation Act ORDINARY MEETING MINUTES 16 NOVEMBER 2023 2008 to cease adding fluoride to the water supply and no community consultation has occurred with regard to this subject. Question 2. Is Council aware of the numerous scientific studies that explain the detrimental health consequences of the addition of fluoride eg enzyme inhibitor, neuro toxin, dental fluorosis, osteoporosis, plus many more, in town water and do you believe the addition of fluoride in town water should be forced on people without consent? Answer provided by Richard MacGillivray, Director Development and Regulation Council is aware there are a range of different viewpoints and research involving accredited, unaccredited and independent studied into the potential health benefits and effects associated with the fluoridation of town water. Council relies on advice from Queensland Health as the Government department responsible for public health within our State to evaluate medical research from across the Nation and Globe and to provide clear guidance to local governments and communities on a range of public health matters including fluoride in water supplies. Advice from Queensland Health states that “Local governments should note that fluoridation has been proven as a safe, effective and ethical means of preventing tooth decay, for people of all ages and not just for children. It is supported by peak health bodies including the National Health and Medical Research Council, the Australia Dental Association, the Australian Medical Association and the World Health Organization. When considering whether fluoridation is in the best interests of a community, Queensland Health recommends local governments consider the significant oral health benefits that are associated with drinking water fluoridation.” In relation to statement regarding consent I would advise that councils are bound by the legislative framework which must be adhered to when making decisions about the fluoridation of town water. Council will fully adhere to its obligations in this regard. 11.2. NICK COOKE Question 1. Can council please confirm the total sum (in dollars) of council funding and grants given to Zero Emissions Noosa since its inception in 2017? Answer provided byKim Rawlings, Director Strategy and Environment Since 2017 Zen Inc has been successful in gaining $226,675 across the 7 years via various Council Community, Economic and Environment Grants and funding. Question 2. Since the proposed lithium ‘community batteries’ to be implemented by Noosa Council lay outside the criteria of ‘assessable development’ under the Planning Act 2016, can Council please confirm the type of application (if any), the criteria, processes and any risk assessments you will be using to assess the proposed batteries before their implementation? Answer provided by Kim Rawlings, Director Strategy and Environment Noosa Council, in partnership with Zero Emissions Noosa Inc. and Yarra Energy Foundation (YEF), have been awarded $500,000 to install a community battery in Noosaville. Pad mounted batteries of less that 15m2 are not categorised an assessable development under Schedule 6 of the Planning Regulation. In accordance with Noosa Council’s Risk Management and Opportunity Framework, the Community Battery Project has been subject to number of assessments to identify and assess the risks across the lifecycle of the battery deployment. These assessments have considered the technology, site assessments, planning and environment, safety, cost. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 11.3. SANIA BORIC Question 1. If a conservation park is declared over the existing FHA's, what extra powers exactly does that give Council that you or State departments do not already have, why is this necessary, or even a point for consideration IF the rivers health is at a critical level as suggested and urgent action is required, which would be held up with the need for further community consultation? Answer provided by Kim Rawlings, Director Strategy and Environment This is yet to be properly determined as the concept of a conservation park established under the Nature Conservation Act (1992) in the same areas as the declared Fish Habitat Area (FHA) of the Noosa River was subject to comprehensive consideration and investigation to determine this. This is now on hold and deferred until 2024. Question 2. Given that the Catchment falls within 3 different shires, one would assume that there is already an in principle heads of agreement on the declaration of a conservation park between the Shires; In terms of environmental and scientific significance, how is it that the rest of the Noosa River does not rate as at risk? Is there scientific evidence or an environmental report/ link that suggests that the areas of the River outside of the FHA’s are not at risk and do not require to be included into the Conservation Park? Answer provided by Kim Rawlings, Director Strategy and Environment While the catchment falls within three different shires, a very small proportion of the Noosa River Catchment is shared with Gympie and Sunshine Coast. Council however works with Sunshine Coast Council and Gympie Council on various projects with broader catchment management considerations. The concept of a Conservation Park over FHA was subject to investigation and was just one of many other actions in the Draft Noosa River Catchment Plan which sought to address a wide range of river and catchment management issues and opportunities. 8. CONSIDERATION OF COMMITTEE REPORTS 8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 NOVEMBER 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Clare Stewart (Acting Chair) Cr Karen Finzel (vi Microsoft Teams) Cr Brian Stockwell NON COMMITTEE MEMBERS Cr Amelia Lorentson EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Infrastructure Shaun Walsh ORDINARY MEETING MINUTES 16 NOVEMBER 2023 APOLOGIES Cr Tom Wegener COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue. 5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the issue. 5.3. 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 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 I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. Therefore, I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Clare Stewart Seconded: Cr Joe Jurisevic That Council note the report by the Senior Development Planner to the Planning and Environment Meeting dated 7 November 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: A. Refuse the minor change application for the following reasons: ORDINARY MEETING MINUTES 16 NOVEMBER 2023 1. The proposed change does not constitute a minor change to the development approval as the increase in the number of people on site constitutes ‘substantially different development’, as the change will increase the severity of known impacts, including noise and carparking. 2. The proposed development is inconsistent with the Overall Outcomes (2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to 16 vehicles on site is not considered ‘small scale’ in the context of the subject site, locality and surrounding development and will likely impact on the rural amenity and character of the area. 3. The proposed development is inconsistent with Overall Outcome (2)(f) and PO25 of the Visitor Accommodation Code as the use of the premises to accommodate 16 persons will unreasonably impact on the residential amenity of the surrounding area due to the likely increase in noise to adjoining properties and the scale of the use being incompatible with the character and uses within the surrounding area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried unanimously. 5.4. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS. That Planning & Environment Committee Agenda Item 5.4 be referred to the General Committee as there is no quorum due to proposed conflict of interest declarations. 5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 - ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA HEADS. 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 I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. Therefore, I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D154 of 2023 and agree to continue enforcement against Eugeniy Raiter and Catherine Dentsas to address the current breaches of The Noosa Plan. Carried unanimously. 5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023 ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS 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 I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. Therefore, I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D155 of 2023 and agree to continue enforcement against Angela Dentsas and Vasilios Dentsas to address the current breaches of The Noosa Plan. Carried unanimously. 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY SEPTEMBER 2023 That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding planning applications that have been decided by delegated authority. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Tom Wegener That the report of the Planning and Environment Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 7 NOVEMBER 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Joe Jurisevic Cr Frank Wilkie NON COMMITTEE MEMBERS Nil EXECUTIVE Acting Chief Executive Officer Larry Sengstock Acting Director Infrastructure Services Shaun Walsh Director Corporate Services Trent Grauf APOLOGIES Cr Clare Stewart COMMITTEE RECOMMENDATIONS TO COUCIL 5.1 SUNRISE SHOPS - SHOP 6 LEASE RENEWAL That Council note the report by the Property Advisor - Commercial Property to the Services & Organisation Committee Meeting dated 7 November 2023: A. Approve the lease renewal to Cartor Pty Ltd for Shop 6, Sunrise Shops for twelve (12) months commencing 28 April 2024. B. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (c) (iii) of the Local Government Regulation as the lease renewal is to the existing tenant. 6.1 CAPITAL PROGRAM 2023/24 DELIVERY STATUS That Council note the report by the Acting Infrastructure Planning, Design & Delivery Manager to the Services & Organisation Committee Meeting dated 7 November 2023 providing an update on the delivery of the 23/24 Capital Program as at 30 September 2023. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That the report of the Services & Organisation Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 8.3. GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Joe Jurisevic (Acting Chair) Cr Amelia Lorentson Cr Clare Stewart Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie (via Microsoft Teams) EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Director Community Services Kerri Contini Acting Director Infrastructure Services Shaun Walsh Director Development & Regulation Richard MacGillivray APOLOGIES Cr Karen Finzel COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.1) In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a prescribed conflict of interest in this matter: I, Cr Wilkie inform the meeting that I have a prescribed conflict of interest in this matter as the applicant, RACV resort, support the Noosa Arts Theatre with an annual $2,500 sponsorship and I also serve as Noosa Arts Theatre President. As a result of this conflict of interest, I will leave the meeting room while the matter is decided. Cr Wilkie left the meeting. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 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 I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. Therefore, I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Amelia Lorentson That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU22/0118 for a Development Permit for Material Change of Use - Shortterm accommodation, situated at 94 & 142 Noosa Dr, Noosa Heads and: A. Refuse the application for the following reasons: 1. The proposed development has failed to demonstrate a significant planning need to develop outside of Noosa Plan 2020's urban boundary, particularly at the density and height proposed and is inconsistent with the local landscape character. No overriding community benefit been demonstrated, which would justify approval despite its conflict with the planning scheme. 2. Valid planning grounds have been raised by submitters that the proposal will result in an unacceptable impact on the biodiversity of the locality. Further, the development exceeds what a community member could reasonably expect to be developed outside of the Urban Boundary and within the Environmental Management and Conservation Zone. 3. The proposed development of the subject land is inappropriate, in circumstances where: (a) The proposed development seeks to expand the existing resort complex in circumstances where part of that land is located outside of the urban boundary in Noosa Plan 2020; (b) The proponent seeks to utilise the land for Short-term accommodation, which is an inconsistent use in the Environmental Management and Conservation zone; (c) The proposed development is an overdevelopment of the land at the expense of the natural values of the land, as the proposal would result in unacceptable clearing of vegetation in an ecologically important and environmentally sensitive area, including proposed development located on mapped Areas of Biodiversity Significance, Matters of State Environmental Significance (MSES) Environmental Values and Riparian Buffer Area under the Biodiversity, Waterways and Wetlands Overlay and mapped Core Koala Habitat area; ORDINARY MEETING MINUTES 16 NOVEMBER 2023 (d) The stormwater treatment proposed is not of a sufficient size to achieve the water quality objectives and protection of biodiversity areas required under the Water Quality and Drainage Code. (e) The built form of the proposed development is unacceptable, being slightly over height in metres in the Tourist Accommodation zone and substantially over height in metres and storeys in the Environmental Management and Conservation zone. In respect of the above, the proposed development is inconsistent with the following provisions of Noosa Plan 2020: (i) Strategic Framework – 3.2.2, 3.2.5, 3.3.1(b) and 3.3.4(b)(p); (ii) Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b), (c), (d), (e), (f), (g), (h) and (i) Table 8.2.23 PO1, PO3, PO6 and PO11; (iii) Water Quality and Drainage Code – 9.4.82(2)(a) and (b) and Table 9.4.8.3 PO6; (iv) Noosa Heads Local Plan Code – Overall Outcomes (2)(b)(d)(e) and (ad) and Table 7.2.5.3 PO4, PO5, PO6 and PO26; (v) Environmental Management and Conservation Zone Code – Overall Outcomes (2)(a) and (b), Table 6.7.1.3 PO1, PO5, PO7, PO8, PO9, PO11 and PO13; (vi) Tourist Accommodation Zone Code - Table 6.3.4.3 PO9 and PO10. 4. When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not lend support to the proposed use of the land, as: 4.1. the SEQRP sets a long term, 50-year vision, establishing aspirations for the region up to 2067. Given this, the timing and sequencing of urban development occurring within the Urban Footprint is a finer grained detail, the planning for which is implemented through local government planning schemes; 4.2. the designation of land as being within the Urban Footprint does not imply that all that land with that designation can be developed for urban purposes; and 4.3. when assessed against Noosa Plan 2020, the proposed development is not suitable for urban development. 5. The following relevant matters support refusal: 5.1. The proposed development will involve an unacceptable loss of vegetation in a locality which is an ecologically important and environmentally sensitive and serves as an important ecological linkage, 5.2. There is no planning, economic or community need for the proposed development on the subject land. 5.3. Approval of the proposed development would not be in the public interest as reflected in the provisions of Noosa Plan 2020 referred to in these reasons for refusal. B. That the CEO be requested to review the zone and urban boundaries as part of a future review of the Planning Scheme; and C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried unanimously. Cr Wilkie returned to the meeting. 5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.2) ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Motion Moved: Cr Tom Wegener Seconded: Cr Brian Stockwell That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at 201 Mary River Rd, Cooroy and: A. App rove, in part, only (with amended Condition 2) and part refusal. B. Approve the change to Condition 2 as outlined in Attachment 1. C. Refuse the Food and Drink Outlet component of the application for the following reasons: 1. This element of the proposal does not advance the elements and strategies of the South East Queensland Regional Plan as it does not value add to the site’s on-farm agricultural activities. 2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as: a) The proposal is not a rural activity or a rural enterprise and such uses are intended to be located in business centres to contribute to their vibrancy. b) The proposal does not value add to the site’s rural activities, would be the primary use on the site and is in no way ancillary to the approved roadside stall. c) The proposal predominantly caters to passing trade, largely locals in the area, and has only a limited tourism focus. 3. This element of the proposal is not consistent with overall outcomes (b), (i) and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as: a) The proposed use is located outside the urban boundary and the Cooroy town centre. b) The proposed use will adversely interrupt the landscape character and visual amenity of Mary River Road, being very different to uses envisaged in rural areas of the Shire. 4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as: a) The proposal is not a rural activity, it is an urban activity, and will not value add to goods produced on site. b) The proposal does not have an indelible connection to the rural or ecological values of the site and is more appropriately located in an urban area. c) There is no overriding community benefit for the food and drink outlet to be located on the site, with no particular circumstances relevant that warrant the proposal. d) The proposal will detract from the scenic amenity of Mary River Road being part of the major road network for the Shire. 5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11, PO12, PO13 of the Business Activities Code as: a) The proposal is a type of business activity that is at odds and is not compatible with the purpose of the site’s rural zoning. b) The proposal seeks to locate a business activity outside the business centres shown in the Noosa Shire Centres Hierarchy. c) The proposed food and drink outlet is a use that is not typically expected to be found in the rural areas of the Shire. d) The proposal is adversely impacting the amenity of nearby residents, with its early and week-end operating hours, uncoordinated and uncontrolled carparking on the road reserve and coffee shop customers coming and going from the site. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 6. This element of the proposal is contrary to overall outcome (b) and performance outcome PO6 of the Driveways and Parking Code and overall outcome (e) and performance outcome PO16 of the Business Activities Code as the proposed on-site car parking is insufficient to accommodate the number of vehicles generated by the development. D. Refuse to amend Condition 4 of the development approval for the following reason: 7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the requested change includes the sale of food and beverages that are not ancillary to a bona fide cropping or animal husbandry use on site. E. Refuse to delete Conditions 5 and 7 of the development approval for the following reasons: 8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the request to delete these conditions relates to the proposal for a food and drink outlet to operate from the site which is not supported. Any provision for the tasting of foods and beverages proposed to be produced on site would not be ancillary to a bona fide cropping or animal husbandry use on site. F. Advise the applicant that the food and drink outlet must cease operating from the site within 24 months of the date of Council’s decision, with any unapproved structures removed. G. Advise the applicant that the roasting of coffee beans on site must cease within 24 months of the date of Council’s decision, and to lodge a subsequent code assessable development application for a Material Change of Use – Homebased Business (coffee roasting). H. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. I. Authorise the CEO to work with the applicant to find an appropriate location for the food and drink outlet/bus. For: Cr Wegener Against: Crs Wilkie, Lorentson, Jurisevic, Stockwell, Stewart and Finzel Lost. Motion Moved: Cr Amelia Lorentson Seconded: Cr Clare Stewart That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at 201 Mary River Rd, Cooroy and: A. Approve, in part, only (with amended Condition 2) and part refusal. B. Approve the change to Condition 2 as outlined in Attachment 1. C. Refuse the Food and Drink Outlet component of the application for the following reasons: 1. This element of the proposal does not advance the elements and strategies of the South East Queensland Regional Plan as it does not value add to the site’s on-farm agricultural activities. 2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as: a) The proposal is not a rural activity or a rural enterprise and such uses are intended to be located in business centres to contribute to their vibrancy. b) The proposal does not value add to the site’s rural activities, would be the primary use on the site and is in no way ancillary to the approved roadside stall. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 c) The proposal predominantly caters to passing trade, largely locals in the area, and has only a limited tourism focus. 3. This element of the proposal is not consistent with overall outcomes (b), (i) and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as: a) The proposed use is located outside the urban boundary and the Cooroy town centre. b) The proposed use will adversely interrupt the landscape character and visual amenity of Mary River Road, being very different to uses envisaged in rural areas of the Shire. 4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as: a) The proposal is not a rural activity, it is an urban activity, and will not value add to goods produced on site. b) The proposal does not have an indelible connection to the rural or ecological values of the site and is more appropriately located in an urban area. c) There is no overriding community benefit for the food and drink outlet to be located on the site, with no particular circumstances relevant that warrant the proposal. d) The proposal will detract from the scenic amenity of Mary River Road being part of the major road network for the Shire. 5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11, PO12, PO13 of the Business Activities Code as: a) The proposal is a type of business activity that is at odds and is not compatible with the purpose of the site’s rural zoning. b) The proposal seeks to locate a business activity outside the business centres shown in the Noosa Shire Centres Hierarchy. c) The proposed food and drink outlet is a use that is not typically expected to be found in the rural areas of the Shire. d) The proposal is adversely impacting the amenity of nearby residents, with its early and week-end operating hours, uncoordinated and uncontrolled carparking on the road reserve and coffee shop customers coming and going from the site. 6. This element of the proposal is contrary to overall outcome (b) and performance outcome PO6 of the Driveways and Parking Code and overall outcome (e) and performance outcome PO16 of the Business Activities Code as the proposed on-site car parking is insufficient to accommodate the number of vehicles generated by the development. D. Refuse to amend Condition 4 of the development approval for the following reason: 7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the requested change includes the sale of food and beverages that are not ancillary to a bona fide cropping or animal husbandry use on site. E. Refuse to delete Conditions 5 and 7 of the development approval for the following reasons: 8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the request to delete these conditions relates to the proposal for a food and drink outlet to operate from the site which is not supported. Any provision for the tasting of foods and beverages proposed to be produced on site would not be ancillary to a bona fide cropping or animal husbandry use on site. F. Advise the applicant that the food and drink outlet must cease operating from the site within 3 months of the date of Council’s decision, with any unapproved structures removed. G. Advise the applicant that the roasting of coffee beans on site must cease within 3 months of the date of Council’s decision, and to lodge a subsequent code ORDINARY MEETING MINUTES 16 NOVEMBER 2023 assessable development application for a Material Change of Use – Home-based Business (coffee roasting). H. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. I. Authorise the CEO to work with the applicant to find an appropriate location for the food and drink outlet/bus. J. That Council request the CEO to expedite an investigation into the feasibility of the provision of a mobile coffee trader or similar at suitable locations in the Hinterland which may include sites such as the Noosa Botanic Gardens and Hinterland Adventure Playground. Amendment No. 1 Moved: Cr Joe Jurisevic Seconded: Cr Brian Stockwell That Item K be added to read: K. Request the CEO to investigate extending the 60km per hour speed limit on Mary River Road to Lawnville Road to enhance the safety of vehicle interactions in this location associated with the transfer station and truck movements. Carried unanimously. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Clare Stewart That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at 201 Mary River Rd, Cooroy and: A. Approve, in part, only (with amended Condition 2) and part refusal. B. Approve the change to Condition 2 as outlined in Attachment 1. C. Refuse the Food and Drink Outlet component of the application for the following reasons: 1. This element of the proposal does not advance the elements and strategies of the South East Queensland Regional Plan as it does not value add to the site’s on-farm agricultural activities. 2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as: a) The proposal is not a rural activity or a rural enterprise and such uses are intended to be located in business centres to contribute to their vibrancy. b) The proposal does not value add to the site’s rural activities, would be the primary use on the site and is in no way ancillary to the approved roadside stall. c) The proposal predominantly caters to passing trade, largely locals in the area, and has only a limited tourism focus. 3. This element of the proposal is not consistent with overall outcomes (b), (i) and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as: a) The proposed use is located outside the urban boundary and the Cooroy town centre. b) The proposed use will adversely interrupt the landscape character and visual amenity of Mary River Road, being very different to uses envisaged in rural areas of the Shire. 4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as: ORDINARY MEETING MINUTES 16 NOVEMBER 2023 a) The proposal is not a rural activity, it is an urban activity, and will not value add to goods produced on site. b) The proposal does not have an indelible connection to the rural or ecological values of the site and is more appropriately located in an urban area. c) There is no overriding community benefit for the food and drink outlet to be located on the site, with no particular circumstances relevant that warrant the proposal. d) The proposal will detract from the scenic amenity of Mary River Road being part of the major road network for the Shire. 5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11, PO12, PO13 of the Business Activities Code as: a) The proposal is a type of business activity that is at odds and is not compatible with the purpose of the site’s rural zoning. b) The proposal seeks to locate a business activity outside the business centres shown in the Noosa Shire Centres Hierarchy. c) The proposed food and drink outlet is a use that is not typically expected to be found in the rural areas of the Shire. d) The proposal is adversely impacting the amenity of nearby residents, with its early and week-end operating hours, uncoordinated and uncontrolled carparking on the road reserve and coffee shop customers coming and going from the site. 6. This element of the proposal is contrary to overall outcome (b) and performance outcome PO6 of the Driveways and Parking Code and overall outcome (e) and performance outcome PO16 of the Business Activities Code as the proposed on-site car parking is insufficient to accommodate the number of vehicles generated by the development. D. Refuse to amend Condition 4 of the development approval for the following reason: 7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the requested change includes the sale of food and beverages that are not ancillary to a bona fide cropping or animal husbandry use on site. E. Refuse to delete Conditions 5 and 7 of the development approval for the following reasons: 8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code as the request to delete these conditions relates to the proposal for a food and drink outlet to operate from the site which is not supported. Any provision for the tasting of foods and beverages proposed to be produced on site would not be ancillary to a bona fide cropping or animal husbandry use on site. F. Advise the applicant that the food and drink outlet must cease operating from the site within 3 months of the date of Council’s decision, with any unapproved structures removed. G. Advise the applicant that the roasting of coffee beans on site must cease within 3 months of the date of Council’s decision, and to lodge a subsequent code assessable development application for a Material Change of Use – Home-based Business (coffee roasting). H. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. I. Authorise the CEO to work with the applicant to find an appropriate location for the food and drink outlet/bus. J. That Council request the CEO to expedite an investigation into the feasibility of the provision of a mobile coffee trader or similar at suitable locations in the Hinterland which may include sites such as the Noosa Botanic Gardens and Hinterland Adventure Playground. K. Request the CEO to investigate extending the 60km per hour speed limit on Mary River Road to Lawnville Road to enhance the safety of vehicle interactions ORDINARY MEETING MINUTES 16 NOVEMBER 2023 in this location associated with the transfer station and truck movements. For: Crs Brian Stockwell, Amelia Lorentson, Joe Jurisevic, Karen Finzel, Frank Wilkie and Clare Stewart Against: Cr Tom Wegener Carried. Crs Stewart and Lorentson left the meeting. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Cr Jurisevic be appointed as Acting Chairperson of the meeting due to Cr Stewart leaving the meeting. Carried unanimously. 5.3. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.4) That Council note the Further Report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0110 for a Development Permit for a Material Change of Use – Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Resort Complex at 61 Noosa Springs Drive, Noosa Heads and note that the applicant has made an Other Change to the application. This results in the application reverting to Confirmation Notice stage and no decision can be made on the matter today. 6.1. 2023-2024 COMMUNITY GRANTS PROGRAM - COMMUNITY PROJECT GRANTS (ROUND TWO) - OVERVIEW That Council note the report by the Community Connection Manager to the General Committee Meeting dated 13 November 2023 and: A. Approve the Round Two 2023-24 Community Grants Projects Program to the total value of $99,459.67; B. Allocate the remaining $68,470.65 from the 23/24 Community Grants budget to funding for youth initiatives made up of an out-of-round Youth Grants funding program and youth focussed activities within the Living Well Noosa program; and C. Delegate the Chief Executive Officer to authorise funding to the successful applicants for the out-of-round Youth Grants projects. 6.2. 2023-2024 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS (ROUND TWO) – PROGRAM/PROJECT, In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Cooroora Historical Society t/a Noosa Shire Museum. I state for the record that although general membership ORDINARY MEETING MINUTES 16 NOVEMBER 2023 of an organisation does not qualify as a declarable conflict of interest, I would like to put on the record my general membership of the Cooroora Historical Society, out of abundance of caution, which is mentioned in this grant round. Although I have a declarable conflict of interest, I do not believe a reasonable person would believe this affects my ability to make an impartial decision in this matter. Therefore, I choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Wilkie and Finzel did not vote on the above motion. In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I am declaring a conflict of interest in this matter in relation to the funding recommendations to NoosaCare. I would like to put on the record that, although it does not qualify as a declarable conflict of interest, I volunteer playing music at various aged care facilities in the shire, including at Noosa Care which is mentioned in this grant round. I am not a member or executive member of Noosa Care and don’t believe a reasonable person would see this as a conflict of interest and choose to stay in the meeting room. Council Resolution Moved: Cr Stockwell Seconded: Cr Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Wilkie and Cr Finzel did not vote on the above motion. In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarableconflict of interest in this matter: I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Cooroora Historical Society t/a Noosa Shire Museum. I state for the record that although general membership of an organisation does not qualify as a declarable conflict of interest, I wish it to be noted but do not believe a reasonable person would see this as a conflict. Therefore, I choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public interest that Cr Finzel 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. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Carried unanimously. Cr Finzel and Wilkie did not vote on the above motion. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Community Connection Manager to the General Committee Meeting dated 13 November 2023 and approve Round Two 2023-24 Community Project Grants – Program/Projects provided in Attachment 1 to this report. Carried unanimously. 6.3. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND TWO) - EVENTS That Council note the report by the Community Connection Manager to the General Committee Meeting dated 13 November 2023 and approve Round Two 2023-2024 Community Project Grants - Events provided in Attachment 1 to this report. 6.4. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND TWO) - INFRASTRUCTURE That Council note the report by the Community Connection Manager to the General Committee Meeting dated 13 November 2023 and approve Round Two 2023-2024 Community Project Grants - Infrastructure provided in Attachment 1 to this report. 6.5. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS (ROUND TWO) - EQUIPMENT In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. The conflict involved the application of Katie Rose Cottage as Leigh McCready is the Head of Fundraising and Partnerships, Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEO review was an advisory service, not a statutory process, and my queries at that time were in the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Tom Wegener Seconded: Cr Joe Jurisevic That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from ORDINARY MEETING MINUTES 16 NOVEMBER 2023 that advice and therefore a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Stockwell and Finzel did not vote on the above motion. In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Katie Rose Cottage as Leigh McCready who is employed as Head of Fundraising and Partnerships by Katie Rose Cottage was involved in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Finzel left the meeting. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Community Connection Manager to the General Committee Meeting dated 13 November 2023 and approve Round Two 2023-24 Community Project Grants – Equipment provided in Attachment 1 to this report. Carried unanimously. Cr Finzel returned to the meeting. 6.6. REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT RECOMMENDATIONS ROUND 20, 2023/24 In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Zest Factor as Zest Factor applicant Russell Krause is a general member of Noosa Arts Theatre where I serve as President. Mr Krause’s grant does not involve the Noosa Arts Theatre or myself and I therefore don’t believe a reasonable person would see this as a conflict of interest. I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Wilkie did not vote on the above motion. In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter: ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Little Seed applicant Johanna Wallace, who is a general member of Noosa Arts Theatre where I serve as President. Their grant does not involve the Noosa Arts Theatre or myself and I therefore don’t believe a reasonable person would see this as a conflict of interest. I will choose to remain in the meeting room, however, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Wilkie and determine that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Wilkie did not vote on the above motion. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Arts and Culture Manager to the General Committee Meeting dated 13 November 2023 regarding applications to the Regional Arts Development Fund Round 20, 2023/24 and approve the recommendations of the Assessment Committee as outlined in Attachment 1 to the report. Carried unanimously. 6.7. NON-POWERED WATER SPORTS FEASIBILTY STUDY That Council note the report by the Sport Strategy and Project Advisor to the General Committee Meeting dated 13 November 2023 regarding the NonPowered Water Sports Feasibility Study and: A. Accept the Non-Powered Water Sports Feasibility Study; and B. Refer the findings of the Study to future planning activities. 6.8. FIRETECH SERVICE PROVIDER PANEL (ROPS) REFRESH That Council note the report by the Director Digital Hub and Innovation to the General Committee date 13 November 2023 and A. Award Contract No. T000078 for a Register of Pre-qualified Suppliers for the Provision of Firetech Services to the following two new suppliers as a result of a ROPS refresh for a period until August 2024: BIA5 Pty Ltd; and Geoneon Pty Ltd B. Subject to satisfactory performance of the suppliers, authorise the CEO to approve the option to extend the contract at the expiry of first extension term for a further three (3) terms of up to twelve (12) months each ending on 31 July 2027. 6.9. TOURISM NOOSA STRATEGY 2023-2027 In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24 February 2020 I sought a review by the Independent Council ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEO review was an advisory service, not a statutory process, and my queries at that time were in the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Tom Wegener Seconded: Cr Frank Wilkie That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Stockwell and Finzel did not vote on the above motion. In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready who is a Director of Tourism Noosa was involved in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Finzel left the meeting. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Director Strategy and Environment to the General Committee Meeting dated 13 November 2023 regarding Tourism Noosa's Destination Noosa Strategic Plan 2023-2027 as provided at Attachment 1 to this report and: A. Endorse Tourism Noosa's Destination Noosa Strategy 2023-2027 in accordance with Tourism Noosa's Funding and Performance Deed with Council; and B. Note Tourism Noosa's Destination Noosa Strategy 2023-2027 will be reviewed following the completion of the Destination Management Plan to ensure alignment and to reflect any shifts required in Tourism Noosa's strategic focus as specified in Tourism Noosa's Funding and Performance Deed with Council. Carried unanimously. Cr Finzel returned to the meeting. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 6.10. FINANCIAL PERFORMANCE REPORT – OCTOBER 2023 That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 13 November 2023 outlining October 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. 6.11. NOOSA COUNCIL ANNUAL REPORT 2022-2023 That Council note the report by the Governance Manager to the General Committee Meeting dated 13 November 2023 and A. Adopt the Noosa Shire Council 2022-23 Annual Report incorporating the 2022/23 Audited Financial Statements. B. Authorise the Chief Executive Officer to make any required minor amendments to the document prior to publication. 7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - RECYCLING MATERIAL PROCESSING OPTION (NEW MRF) That Council note the report by the Waste Manager to the General Committee Meeting dated 13 November 2023 and A. Enter into a contract with Re.CYCLE (SUNSHINE COAST) Pty Ltd for 8 years, in accordance with Section 235 (A) of the Local Government Regulation 2012; and B. Delegate authority to the Chief Executive Officer to negotiate, finalise and enter the contract and to approve payments to be made pursuant to the contract to a maximum of $900,000 (GST excl.), per year of the term of the contract. 7.2. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: EMU MOUNTAIN ROAD SHARED PATHWAY That Council note the report by the Director Infrastructure Services to the General Committee Meeting dated 13 November 2023 and A. Support the submission of a Cycle Network Local Government Grants Program Submission by Sunshine Coast Council for a shared path and cycleway along Emu Mountain Road, subject to: 1. Further input by Noosa Council into the design by Sunshine Coast Council to reduce environmental and visual impact of the proposal; and 2. Resolving pedestrian crossing and cycle safety issues on the David Low Way prior to acceptance of the final design. 7.3. CONFIDENTIAL: NOT FOR PUBLIC RELEASE – VOLUNTARY FLOOD RECOVERY PROPERTY ACQUISITION That Council note the report by the Community Connections Manager to the General Committee Meeting dated 13 November 2023 and A. Through the Commonwealth and State Resilient Home Fund, purchase the property as detailed in the Report for the purposes of the voluntary home buy-back program, provided that all processes have been satisfactorily completed with Queensland Reconstruction Authority (QRA); B. Authorise the Chief Executive Officer to take the necessary action to implement Council’s decision, including but not limited to making, amending, and discharging the contractual arrangement/s; and C. Undertake the necessary actions to fulfil the conditions of the program. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 Council Resolution Moved: Cr Tom Wegener Seconded: Cr Frank Wilkie That the report of the General Committee meeting dated 13 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 9. ORDINARY MEETING REPORTS 9.1. OPERATIONAL PLAN 2023-24 Q1 QUARTERLY REPORTING Council Resolution Moved: Cr Karen Finzel Seconded: Cr Frank Wilkie That Council note the report by the Chief Executive Officer (Acting) to the Ordinary Meeting dated 16 November 2023 regarding the 2023-24 Operational Plan and: A. Note the progress report for Q1 2023-24 Operational Plan to 30 September 2023 provided as Attachment 1; B. Note the status of Council's Key Performance Indicators provided as Attachment 2; and C. Note minor changes made to the wording of several initiatives in the Operational Plan 2023-24 as shown in track changes, refer Attachment 3. Carried unanimously. 10. CONFIDENTIAL SESSION CLOSURE OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That the meeting be closed to the public pursuant to section 254J(3) (g) of the Local Government Regulation 2012 for the purpose of discussing: 10.1 Confidential - Not for Public Release: CN000316B - Flood Reconstruction - Package 6B - Landslide Remedial Works - Tender Award 10.2 Confidential - Not for Public Release: CN000317B - Flood Reconstruction - Package 7B - Landslide Remedial Works (Black Pinch Road) 10.3 Confidential - Not for Public Release: CN000318B - Flood Reconstruction - Package 8B - Landslide Remedial Works - Tender Award 10.4 Confidential - Not for Public Release: CN000318B - Flood Reconstruction - Package 8C - Landslide Remedial Works - Tender Award Carried unanimously. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 RE-OPENING OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr BRian Stockwell Seconded: Cr Finzel That the meeting be re-opened to the public. Carried unanimously. 10.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000316B - FLOOD RECONSTRUCTION - PACKAGE 6B - LANDSLIDE REMEDIAL WORKS - TENDER AWARD Council Resolution Moved: Cr Tom Wegener Seconded: Cr Karen Finzel That Council note the report by the Disaster Reconstruction Coordinator to the Ordinary Meeting dated 16 November 2023 and: A. Award Contract No. CN00316B for Flood Reconstruction - Package 6B – Landslide Remedial Works to properties adjacent to #19 Bakers Road, Pomona, #140 Old Ceylon Road, Ridgewood, #490 Cooroy Belli Creek Road, Cooroy and #19 Happy Jack Creek Road, Ridgewood to FKG Civil Pty Ltd in accordance with the approved tender; B. Delegate to the Acting Chief Executive Officer the power to negotiate, finalise, execute the Contract on behalf of Council; and C. Delegate to the Acting Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value if or when necessary. Carried unanimously. 10.2. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000317B - FLOOD RECONSTRUCTION - PACKAGE 7B - LANDSLIDE REMEDIAL WORKS (BLACK PINCH ROAD) Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Disaster Reconstruction Coordinator to the Ordinary Meeting dated 16 November 2023 and: A. Award Contract No. CN00317B for Flood Reconstruction - Package 7B – Landslide Remedial Works to four sites on Black Pinch Road Cootharaba and to Twin Hills Lookout to HEH Civil Pty Ltd in accordance with their approved tender. B. Delegate to the Acting Chief Executive Officer the power to negotiate, finalise and execute the Contract on behalf of Council; and C. Delegate to the Acting Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value if and when necessary. Carried unanimously. ORDINARY MEETING MINUTES 16 NOVEMBER 2023 10.3. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000318B - FLOOD RECONSTRUCTION - PACKAGE 8B - LANDSLIDE REMEDIAL WORKS - TENDER AWARD Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Disaster Reconstruction Coordinator to the Ordinary Meeting dated 16 November 2023 and: A. Award Contract No. CN00318B for Flood Reconstruction - Package 8B – Landslide Remedial Works to properties adjacent to #139 Musa Vale Road, Cooroy and #179 Cooroy Belli Creek Road, Cooroy to Sunshine Civil Solutions Pty Ltd in accordance with the approved tender ; B. Delegate to the Acting Chief Executive Officer the power to negotiate, finalise and execute the Contract on behalf of Council; and C. Delegate to the Acting Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value if and when necessary. Carried unanimously. 10.4. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: CN000318C - FLOOD RECONSTRUCTION - PACKAGE 8C - LANDSLIDE REMEDIAL WORKS - TENDER AWARD Council Resolution Moved: Cr Tom Wegener Seconded: Cr Frank Wilkie That Council note the report by the Disaster Reconstruction Coordinator to the Ordinary Meeting dated 16 November 2023 and: A. Award Contract No. CN00318C for Flood Reconstruction - Package 8C – Landslide Remedial Works to landslides adjacent to properties at# 673 and #703 Cooroy Belli Creek Road, Black Mountain, #168 Cootharaba Road, Cootharaba and #54 Simpsons Road to Civil Mining & Construction Pty Ltd in accordance with the approved tender; B. Delegate to the Acting Chief Executive Officer the power to negotiate, finalise and execute the Contract on behalf of Council; and C. Delegate to the Acting Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value if and when necessary. Carried unanimously. 12. NEXT MEETING The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 14 December 2023 at 5.00pm. 13. MEETING CLOSURE The meeting closed at 7.56pm.
Meeting Transcript
SPEAKER_12 00:00.000
I note that all councillors are in attendance and that Councillor Wilkie and Councillor Finzel have requested to attend the meeting by Microsoft Teams. To allow this I move that in accordance with section 254k of the local government regulation Councillor Wilkie approved to attend the ordinary meeting dated the 16th of November 2023 by Microsoft Teams. Councillor Lorentson all in favour? Carried unanimously. Welcome councillors Wilkie and Finzel and good evening to everyone in our gallery tonight it's lovely to see you all here this evening. Can I please have a mover for the confirmation of the minutes? I do wish to talk to the motion. SPEAKER_13 00:40.847
I'll second it. Thank you councillor. Brian Stockwell 00:43.547
Yes I do wish to raise an issue in terms of the minutes of the meeting. At last month's meeting two petitions were provided to the meeting. reviewing those petitions one caused offence. I'm reviewing those. It is a requirement under section 14 of the standing orders that there should be a principal petitioner, there should be a repeat of the grounds of the petition for each page and it should not include offensive content. It wasn't It wasn't read out at the time the petition was presented but I would like to ensure that the public record is correct and not the position as was put in that petition which is incorrect. Kathy if you could bring to the screen so I can explain that issue as part of the petition. As part of the petition, a statement was made and it said, "We 100% reject Council's accusations of the community spreading misinformation." It then goes on, "The Council keeps telling us that they have no intention of removing powerboats from the river. That is a big lie." This was proven in the viewing of a Council meeting live stream where Councillor Stockwell talked about removing powered vessels. That is, with the grab of the words, "The main driver for us is about the non-powered use." It was looped to over and over again. It was erroneously used to suggest that I had plans to restrict powered craft on the river. The clip was taken completely out of context. I had just outlined at that meeting Safety Queensland has a mandate to regulate power boats and to protect waterways and the people who use them. I went on to suggest that safety was just one of the issues that arise from the currently cluttered and congested estuary. It was in was in this context that I suggested the main driver for council was about the non-powered use, the relaxation, the amenity benefit and the character of the river. I reiterated, later I reiterated in my closing argument in that specific debate that, and I quote, the use of the river by both powered and unpowered craft is really important. value the benefit of the river as an opportunity for active lifestyle and tourism, but the value and, sorry, but MSQs only covering the safety aspect, we may have more, and I didn't say it, of a role to play, ensuring that recreational and commercial use is managed within the carrying capacity of the river. personally have enjoyed powered and non-powered recreation boating on the Noosa River for over 40 years, and for about 15 years as a Noosa Sea Scout leader. My interest is in protecting the river experience for future generations. The offence caused by this misinformation is considerable, and the promulgators of this should be ashamed. Larry Sengstock 03:57.131
Minutes. So the minutes will start because they're a record of the proceedings of that meeting. That's how I understood it. So you're more than welcome now to continue on with the motion of accepting the minutes. Okay. SPEAKER_12 04:07.111
So in regard to the acceptance this is Councillor Stockwell's statement and we're not voting on that. It's just a statement he's making and we're voting on the minutes and acceptance of the minutes. Thank you. SPEAKER_13 04:22.113
Sorry, Councillor Finzel. Karen Finzel 04:24.793
Can Cathy please scroll that up because I can't see all of the writing that's on this report. SPEAKER_13 04:34.233
Which one, Karen? Karen Finzel 04:36.033
What's in the blue highlight? I can't see that. It's just part of the petition. Larry Sengstock 04:41.653
Right, it was what was written in the extracurricular edition. Karen Finzel 04:46.302
You make that bigger? Thanks. Okay, thank you. SPEAKER_13 04:54.780
Anything further, Councillor Finzel? Karen Finzel 04:58.700
Madam Chair, I didn't quite catch what you said. SPEAKER_13 05:00.980
Anything further? Did you have any further questions? Karen Finzel 05:03.560
No, that's fine. I've been able to read that. Thank you. SPEAKER_13 05:05.880
All right, so we'll put the confirmation of the minutes all in favour. In favour. Karen Finzel 05:10.540
In favour. In favour. SPEAKER_13 05:11.760
Carried unanimously. Thank you. There are no Mayoral minutes. Does anyone have any petitions? There are no notified motions, no presentations, no deputations. As we have quite a few reports on the agenda, we will bring item 11, public question time, forward. We have three applications to public question time. As I call up each questioner, could you please come up to the podium? Just a reminder that just a reminder that once your questions have been read and responded to, you may leave the meeting if you so wish. You're not in any way obliged to stay for the whole meeting. And please note that once the responses are given, there will be no further interaction or discussion on the matter. So Ms Debra Walz, thank you very much for coming this evening. Debra Walz: Please. Debra Walz: Okay, thanks. SPEAKER_11 06:01.720
Good evening, councillors and gallery. My name is Deborah. My first question... SPEAKER_13 06:09.820
Can everyone hear Ms. Walsh? Debra Walz: Okay. Karen Finzel 06:15.340
Debra Walz: Yes, thank you, Madam Chair. Debra Walz SPEAKER_11 06:18.513
Okay. given everything we know about the toxicity of fluoride, which is the topic I'm speaking on, or questioning tonight, and Noosa Council being only one of 19 councils out of 77 councils across the State of Queensland. Given everything... has adopted the inclusion of fluoride in the town water supply. Was there any community consultation prior to fluoride being included, and if so, when and how? Thank you. you. SPEAKER_13 06:49.065
Mr. CEO, we've got our director. Richard, our director is here. Richard MacGillivray 06:53.925
Yes. Through the Chair, and thank you very much for your question. Question health advice in American water is the most effective community-wide means of reducing tooth decay. Water fluoridation at optimum levels remains one of the most significant oral health benefits in Australia and is supported by peak health bodies including the National Health and Medical Research Council, Australian Dental Association, the Australian Medical Association and New York Health Organisation. Queensland Health confirms that approximately 72% of Queenslanders receive fluoridated drinking water. Fluorid is added to drinking water because it strengthens tooth enamel, which is tooth decay. The Department of Health is responsible for encouraging councils in Queensland to add fluoride to their drinking water as well as As well as strictly monitoring the quality and safety of potable water under state and international guidelines. Fluoridation in Queensland is regulated in accordance with the Water Fluoridation Act 2008 and the Water Fluoridation Regulations 2008. the State government has since devolved powers to each local government in Queensland to be able to make the decision whether or not town water supply is within the area of fluoridation. Noosa water is treated by the region's bulk water authority to Seqwater, including the addition fluoride and then is distributed to customers throughout the region. It is relevant to note the full cost to reverse any decision to fluoridate the water supply must be borne by the local council and rate coders. I am aware that Noosa along with Moreton Bay and Sunshine Coast Councils within Unitywater service areas have not made a decision under section 103 of the water fluoridation act to cease adding fluoride to their water supply and no community Thank you. SPEAKER_13 08:44.644
Thanks, Richard. Do you have another question? SPEAKER_11 08:48.504
My second question, is council aware of the numerous scientific studies that explain the detrimental health consequences of the addition of fluoride? For example, enzyme inhibitor, neurotoxin, dental fluorosis, osteoporosis, plus many more in town water and do you believe the addition of fluoride in town water should be forced on people without consent? Richard MacGillivray 09:16.699
Thanks Richard. Through the Chair, thanks very much for your question again. Council is aware that there are a range of different viewpoints and research involving accredited, uncredited and independent studies into the potential health benefits and effects associated with The Council relies on the advice from Queensland Health as the government department responsible for public health in our state to evaluate medical research from across the nation and the globe and to provide clear guidance to local governments and their communities on a range of public health matters including providing noise advice. Advice from Queensland Health states that local governments should note that has been proven as a safe, effective and an ethical means of preventing tooth decay for people of all ages and not just for children. It is supported by PEC health bodies including the National Health and Medical Research Council, the Australian Dental Digital Association, the Australian Medical Association and the World Health Organisation. When considering whether fluoridation is in the best interest of the community, Queensland Health recommends local governments consider the significant oral health benefits that are associated with drinking or In relation to the statement regarding conceit, I would advise that councils are bound by the legislative framework which must be adhered to in making decisions about fluoridation of town water. Council will fully adhere to its obligations Thanks Richard. SPEAKER_13 10:37.601
Thanks Miss Walsh. Thank you for taking the time to be with us this evening. The second question, the second application is from Mr Nick Cooke. Nick would you like to come up? Welcome. Richard MacGillivray 10:53.840
Can I show you the answer to the question? Can Council please confirm the total sum in dollars of Council funding a grant given to Zero Emissions Noosa since its inception in 2017? Hi Nick, Kim Rawlings. Kim Rawlings 11:08.443
Since 2017 Zero Emissions Noosa Inc. has been successful in gaining $226,675 across the seven years via various council, community, economic and environmental grants and funding. Richard MacGillivray 11:28.220
Second one. Since the proposed ZEN community batteries to be implemented by Noosa Council outside the criteria of assessable development under the Planning Act 2016, can Council please confirm the type of application, if any, the criteria, processes and any risk assessments you'll be using to assess the proposed batteries before their implementation? Kim Rawlings 11:50.406
Noosa Council, in partnership with Zero Emissions Noosa Inc. and Yarra Energy Foundation, have been awarded half a million dollars to install a community battery in Noosaville. Pad mounted batteries of less than 15 metres square are not categorised as assessable development under Schedule 6 of the Planning Regulation. However, in accordance with Noosa Council's risk management and opportunity framework, the community battery project has been subject to a number of assessments to identify and the risks across the life cycle of the battery deployment. These assessments have considered and included the technology, site assessments, planning, environment safety, and cost. SPEAKER_13 12:29.371
Thanks, Kim. Thank you, Nick. Third question is from Miss Sania Boric. Welcome, Samia. SPEAKER_11 12:38.605
You pushed this. Thank you for coming. I've got two questions. The first one being, if the conservation part is declared over the existing fish habitat areas, what extra powers exactly does that give council that you will state you will state perhaps don't already have. Why is it necessary, or even a point of consideration, if the river's health is at a critical level as suggested and urgent action is required, knowing that consultation will just extend the time? SPEAKER_13 13:13.596
Thank you. We have Kim here to answer your question. Kim Rawlings 13:17.396
This is yet to be determined properly as the concept of conservation park established under the Nature Conservation Act over the fish habitat areas of the Noosa River were subject to a comprehensive consideration and investigation to determine what their parameters were. This is now on hold and deferred until 2024. SPEAKER_11 13:39.540
Okay, question two. Given that the catchment falls within three different shires, one would assume that there's already an in-principle agreement on the declaration of a conservation park between the shires. In terms of the environments and scientific significance, how is it that the rest of the Noosa River does not rate as at risk? Is there significant scientific evidence or a report that will link that suggests that the areas of the river outside the fish habitat areas are not at risk and do not require to be included into the conservation park? Kim Rawlings 14:11.783
While the catchment falls within the three different shires, a very small portion of Noosa River catchment is shared with the Indian Sunshine Coast Council. However, Council does collaboratively with Sunshine Coast Council and the Indian Council on various projects in the board of catchment management and considerations. The concept of conservation park over fish habitat was subject to investigation and was just one of many other actions in the draft Noosa River catchment plan, which sought to address a wide range of river and catchment management issues and opportunities. SPEAKER_13 14:42.474
Thank you. I have a question. Brian Stockwell 14:46.213
Can you confirm that you've actually found somewhere in the Sunshine Coast that's in the Noosa River catchment? Because my understanding is there is most likely. Kim Rawlings 14:52.733
There is a small proportion of unsigned water. They ran the murder in Creek area, yes. There you go. SPEAKER_13 15:14.308
Thank you, Kim. There you go. SPEAKER_12 15:15.848
Thank you. for your questions. Thanks, Kim. SPEAKER_11 15:21.508
All right. SPEAKER_12 15:22.608
We're now to item eight, consideration of committee reports. Item 8.1. planning and environment committee report. Item 5.1 was referred to the general committee. Item 5.2 was referred to the general committee. Item 5.3 MCU 2020/22/0209.01 minor change to a development permit for material change of use for short-term accommodation at 515 Cooroy Noosa Road, Tinbeerwah, Councillor Lorentson. Amelia Lorentson 15:51.550
Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads, since November November 2020, the property has been used for short term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant. And although I and although I have a STA property, I will not be positively or negatively impacted by the decision. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate. Joe Jurisevic 16:32.673
Madam Chair, I'll move that Council note the declarable conflict of interest by Councillor Lorentson, determined that Councillor Lorentson participates and votes on this matter because Council believes there is no personal... relationship with the applicant and Councillor Lorentson will not positively or negatively be impacted by the decision, so a reasonable person could trust the final decision is made in the public. SPEAKER_13 16:51.057
I'll second that. I do so on the basis of consistency of how we've voted on this matter in the past. SPEAKER_12 16:56.476
Thank you. Any questions for Councillor Lorentson? Put it to a vote. All in favour? Karen Finzel 17:02.012
In favour. Carried unanimously, noting Councillor Lorentson did not vote. Thank you. Item 5. Can I have a mover for that please? I'll move that. I'll waive my right to speak. All in favour? Carried unanimously. Item 5.4 was referred to the General Committee. Item 5.5, Planning and Environment Court Appeal number D154 of 2023, Enforcement Notice issued to 1/5 Attunga Heights Noosa Heads, Councillor Lorentson. Amelia Lorentson 17:41.685
I make a declaration as already stated and as per previous declarations in terms or in regards to my STA property. Joe Jurisevic 17:56.019
Council note that the declarable conflict of interest by Councillor Lorentson determined that Councillor Lorentson participates and votes on this matter. Because the council believes there is no personal relationship with the applicant, Councillor Lorentson will not be positively or negatively impacted by the decision. So a reasonable person So a reasonable person would trust that the final decision is made in the public interest. SPEAKER_13 18:12.674
I'll second that, Councillor Jurisevic. Joe Jurisevic 18:15.314
Again, only on the basis of consistency with what we've approached before. We'll deal with that separately. All in favour? In favour. Thank you, Councillor Lorentson. You move it, I'll second it. No discussion. All in favour? In favour. SPEAKER_12 18:34.695
Carried unanimously, thank you. 5.6, planning environment quarter pillar number D155 of 2023 enforcement notice issued to 3/5 Attunga Heights, Councillor Lorentson. As per previous declarations. Thank you. And as per previous resolution, I'll move the same resolution. Councillor Lorentson has declared a conflict of interest by Councillor Lorentson. I'll second it. All right. All in favour? Ta-ra. Ta-ra. In favour. Carried unanimously, noting Councillor Lorentson did not vote. Do you want to move the original just to... Joe Jurisevic 19:05.668
Yes, I'll move the original motion. SPEAKER_13 19:07.967
Just to keep the... Yeah. Second. All in favour? Favour. Carried unanimously. Karen Finzel 19:13.668
In favour. Thank you. SPEAKER_12 19:15.798
Planning, 6.1, planning applications decided by delegated authority September 2023. Would someone like to move the Planning and Environment Committee recommendations? Thank you, Councillor Lorentson. Vic Wegener, thank you. Councillor Wegener, second. All in favour? Carried unanimously. Thank you. That brings us to item 8.2, Services and Organisation Committee Report. Item 5.1, Sunrise Shops. Shop six, lease renewal. And 5.2, Capital Program 2023-2024, delivery status. Thank you, Councillor Jurisevic. I'll second it, Councillor Jurisevic. No discussion. All in favour? In favour. Thank you very much, Kath. We're now to item 8.3, General Committee Report. 5.1, MCU 22/0118, development application for material change of use, short-term accommodation at 94 and 142 Noosa Drive, Noosa Heads. Councillor Wilkie. Frank Wilkie 20:13.553
Thank you, Madam Chair. I, Councillor Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as the applicant. as the applicant, RACV Resort support the Noosa Arts Theatre with an annual $2,500 sponsorship, and I also serve as Noosa Arts Theatre president. As a result of this conflict of interest, I will leave the meeting room while the matter is decided. SPEAKER_13 20:36.129
Thank you, Councillor Wilkie. Councillor Lorentson? As per previous declaration on STAs. Joe Jurisevic 20:42.329
Thank you. Once again, I'll move the council resolution. The council notes a declarable conflict of interest by Councillor Lorentson in the term that Councillor Lorentson participates and votes on the matter. SPEAKER_13 20:51.509
I'll All in favour? Larry Sengstock 20:56.299
All in favour. SPEAKER_13 20:58.859
Thank you. All voted no to Councillor Wilkie did not, nor did Councillor Lorentson. Can I have a mover for the original, please? SPEAKER_12 21:06.766
Yes I do. Thank you, Councillor Jurisevic. Second, Councillor Lorentson. Speak to it, Councillor Jurisevic. No. All in favour? Karen Finzel 21:14.386
In favour. SPEAKER_12 21:15.766
All in favour, noting Councillor Wilkie did not vote. Councillor Wilkie back. Thanks, Kath. Frank Wilkie 21:24.440
You, Madam Chair. Brian Stockwell 21:26.760
Psychic. Yep. I'm back. SPEAKER_12 21:29.440
Okay, 5.2, MCU21/0194.01, application for another change to a development approval for a roadside stall to include a food and drink outlet at 201 Mary River Rd, Cooroy. SPEAKER_00 21:48.584
Can I move the staff recommendation and I'd like to move the staff recommendation and make a motion to amend the staff recommendation You're just giving us that recommendation with the following changes. changes, yes. Going down to F, 5F and say advise the applicant that the food and drink outlet must keep operating from the site within three, change Within three, change that to 12 months, please. Yeah, 24 months, 12, 24, 24. And G, advise the applicant that the roasting of coffee beans on the site must cease within 24 months of the date. Unknown 22:34.928
It was three. okay, thank you. SPEAKER_01 22:37.328
The original was three SPEAKER_13 22:40.847
Yeah. Okay. I would need a seconder for that, Councillor Wegener. Would anyone second that? Joe Jurisevic 22:48.467
Oh, for the purposes of debate. Thank you, Councillor Stockwell. SPEAKER_13 22:53.567
Councillor Wegener, the floor is yours. SPEAKER_01 22:55.927
Okay, thank you very much. This is a big issue for us. I went back and I was watching the video from April April 4th, 2022. And Councillor Amelia, Joe and I were asking Kerri Coyle lots of different questions about what is a food stall? What are the rules concerning it? And we found it quite confusing and we'd say, okay, well, you can sell things that you grow there on site, but, you can't sell coffee there. Well, what if you grew the coffee on the site and you roasted the beans? Could you then sell it at the roadside? Yes, you could. But could you prepare it and sell it to somebody? Maybe, Joe asked, could you taste it? Maybe, could you sit down and enjoy the coffee at the site, at the roadside? and that that's okay to roadside stall but then comes to bread and if you have a loaf of bread can you sell bread because the wheat isn't growing on the property and so well then we've got back in the yucky muck again we weren't quite sure what what it all meant and and we actually ended up really being quite confused and these questions are still out there and after these 18 months or so we really haven't gone anywhere we haven't learned you know the answers these and I think that there's a lot of confusion out there so we we know we're supporting local agriculture through our our plans our corporate plan we destination or we're working on through the local economic plan especially through the climate change response plan where we want to move towards a sustainable local agriculture but there's a lot of confusion out there and I mean I think that that example of this confusion is the Kalula Farm Trail, where years ago there was lots of local farms opening the doors for people to come into their farms and buy stuff and check it out. And there's very few. There's only one last Kalula Farm Trail. I know that there's a lot of farms out there, like Grey Farms, East Wall Farm, Permiko, that really are looking forward to doing this, to bringing their agriculture, but there's a lot of confusion. So back to our conversation with Kerri, Kerri Coyle, and the first time that the bus stop espresso came before us. And she said, well, the applicant should have made an application for a food and drink outlet. made, then the council could consider the community interest in the food and drink application. If that application So we all supported this recommendation. We said, you beauty, okay, we'll, we'll support it. Support that and recommend that Bus Stop Espresso go out and do this application. And Bus Stop Espresso relied on our, around the table here, suggestions to go off and do that. And so that back 18 months later and we now have a refusal based on the, refusal based on assumptions which are inaccurate because they they came back saying, well, there is a public interest. Look at this public interest we have in Basak Espresso. We jumped through that hoop. But wait a minute. All of a sudden, we're saying, no, we disagree with some of these. We disagree with this. First, the assumption. the assumption for the refusal is based on the first pillar that the business is really an urban enterprise. Is drinking coffee in the hinterland an urban enterprise? Probably not. You can drink coffee. You can buy, sell coffee out in the rural rural area, why does that have to be an urban enterprise? And if we were going to rank it as far as importance, maybe 50%. 50% urban enterprise, 50% rural enterprise. The second pillar that the refusal is based on is it has a limited... Bus Stop Espresso has a limited tourism focus. Well, that's not true. We know that just this morning, Rob was telling me that a guy from England came in and he said, "I'm from England. I love Bus Stop Espresso." We know that Joel's journeys... had Channel 7 out there not that long ago, talking about there's people from all over the world. These letters that come to us, we see so many letters from people saying, "I drive for hours. I do this. We come down to our bike club. We love Bus Stop Espresso." It is actually a tourism destination. Four minutes. Four minutes. Third, there is no overwhelming need, the pillar is, no overwhelming need to locate this on the site, that there is no indelible connection to the site. Well, that's completely obvious. So that assumption, that pillar for the refusal is clearly wrong. So based on this, I personally, I can't support the refusal of the motion. Tom Wegener 27:58.201
There's just too just too much confusion. We know where the good ship Noosa is heading. We want to support our local agriculture. It is in the corporate plan, economic strategy, and climate change response. But there is one light. There is bus stop espresso as a light... light going forward, because it's born out of COVID. SPEAKER_01 28:17.163
COVID was a situation that sucked for a lot of people. It was really hard. And Bus Stop Espresso had this need, and this is where its need came from. It supplied supplied a light. It supplied a place for people to enjoy life, to get their life back on track. It saved lives. SPEAKER_13 28:33.197
I know, I know. SPEAKER_01 28:35.537
I've got it. It's proven that this is what the community wants. This is where we want to go. have all the planning schemes, everything which we really need to go that direction. Why are we going to kill Bus Stop Espresso? We can learn from it. We can measure tourism values. We can measure... We need to know for our own good what Bus Stop Espresso is learning. How many people are visiting there? We don't know, and if we kill it, we won't won't know. It's a really important information for us to move forward on our journey as Noosa. How much produce is sold there? We have problems with car parking. How much do we need to learn about car parking from that? Do we need to learn about how a bus how a bus stops? How a food stall like this? Or a bigger thing, a private place? Thanks, Ken, that's six minutes. Is that six minutes? All right. Six minutes. That was a bit of latitude for you. So six minutes. Thank you. I'm sorry. Yeah. Yeah. Well, we're not kicking the can down the road. Tom Wegener 29:42.645
We need to do this by giving ourselves giving ourselves 24 months to really study Bus Stop Espresso, we are taking grasp of our situation. We are holding on to this big thinking. We are transformational thinking, and that's what we need to be doing with Council. Amelia Lorentson 30:00.732
Can I ask a question? Councillor Wegener mentioned 24 months. Yes. Is the amendment for 12 months or 24 months? 24 months. 24 months. Thanks Richard. Do you have any questions for Richard? Brian Stockwell 30:14.438
Some mechanicals. Mechanical things. Councillor Wegener moved the motion for refusal and then said we shouldn't refuse. Does the addition of giving non-compliance for 24 months do anything in respect to actually refusing the application? Richard MacGillivray 30:37.560
Through the Chair, so the application has been recommended for approval in part and then part refusal. So the changes... suggested there, what it means is that instead of having a three-month period for the business to wind down, essentially it's allowing the business to continue to operate for a two-year period without an... approval in place. Thanks Richard. SPEAKER_13 31:06.815
Any questions? Joe. I've got another one. In his argument to support the non-refusal refusal motion, it was argued that clearly the grounds for refusal on need or... Sorry, number three. Anyway, community need. I think Councillor Wegener may be confusing demand or community desire with the concept of overriding community benefit or planning need as the court would interpret. Can you explain the difference between the two? Richard MacGillivray 31:40.866
Through the chair, you're correct. The difference between a want and a desire from the community is different to a planning or community need. Need is generally established where there is a clear requirement for a particular use or activity in the community and an overwhelming benefit that must be demonstrated where the community requires a facility to provide the necessary functions for a community to function effectively. So the desire, in a business being successful, that it's training doesn't necessarily demonstrate a community or planning need is defined in that. Joe Jurisevic 32:22.789
So further, I mean, I think I understand the intent of what Councillor Wegener tried to do here, but by extending the period 24 months, does this do anything other than extend the ceasing of activities for 24 months? Is there anything else in this motion that alludes to anything that might occur within that 24 month period? Richard MacGillivray 32:46.524
Through the Chair, yeah, the the 24-month period is a very extended period for an activity to continue operating without an effective permit. It does raise concerns regarding risks to Council being the decision-maker in relation to these matters, so it will expose the to potential risk if there are accidents or issues that arise in the interim. That's why the suggested recommendation was a shorter reasonable period of three months to allow that business to make further arrangements. Kim Rawlings 33:18.519
Thanks Richard. SPEAKER_13 33:24.700
Does anyone like to speak to this? Brian Stockwell 33:26.540
Just another question. I think every councillor appreciates why the bus stop is so well liked and one of the suggestions in the original motion was to find an alternative location. There's two sorts of permits if that location was in public land. One is a low use commercial permit which is something that can be ad hoc with no permanency and the other is a high use commercial permit. me if If council went down the track of advertising for a high use commercial permit, would three months be a reasonable time frame to achieve that or is that a bit short? Richard MacGillivray 34:07.781
Through the Chair, it would likely be a bit short for three months because what would need to happen, the site would need to be identified. to be identified. There would need to be an overwhelming, I guess, community needs. The council would need to determine is there a demonstrated need for a site on public land that requires a particular use outside our current community land use. So back in 2021, sites were identified across the region and five-year lease permits were approved for a five-year period. Under that policy currently, any decision to allow other sites to to be explored within that would require consideration and a community benefit would need to be established and council could make a decision and an amendment to that policy would be required to facilitate that. I would agree that three months would be too short a time frame for a public tender process to occur to allow public site to be identified through that process. Brian Stockwell 35:11.166
In the past, in similar situations, we've trialled the site under the high-use commercial permit. If it proved that there was a general commute, then the high-use commercial tender could go out as a result. Is that an option? Richard MacGillivray 35:25.055
Yes, through the Chair, that's another option, as well as a trial period of a particular site that Council could endorse as site to trial, and then, following that, there could be a formal process. The one thing I would say is, again, it is a competitive tender process, so we need to be very mindful around making that, you know, availability option to all other commercial operators, as well, particularly when this is a public land. Thank you, Richard. SPEAKER_13 35:53.663
Any further questions? I think that's my question. Councillor Finzel has her hand up. Sorry, Councillor Finzel. So Karen you're on mute. There you go. Karen Finzel 36:08.520
Oh am I able to speak now? SPEAKER_13 36:11.600
You're good. Yeah go for it. Karen Finzel 36:13.320
Yeah thank you and I just have a question to the staff you define under the act that the planning act that the bus stop outlet can operate there. In the interest of community and social cohesion and connection and given we're in a situation in society, not just in Noosa, that things have fundamentally changed as we move away from COVID and what that meant to everyone. In the three month period, is there opportunity to collect enough data to inform decisions moving forward around the aspirations declared by Councillor Tom tonight, to inform community and future decisions around driving forward opportunities to promote agricultural business and outlets in the Shire? Is three months long enough to collect enough data to inform our decision moving forward and moving forward into the future and in alignment with our corporate plan, is there opportunity to you know to speak with other departments for example the Department of Communities which I understand provided vouchers for a free coffee at the Buspresso or or more open and transparent leadership that is around collaboration in terms of aiming for good governance and bringing our community along with the journey. Richard MacGillivray 38:01.370
What I think the question is councillor that you're looking to put across is regarding the question of I question of, I guess, community need, and I feel that's the theme that you're asking the question of, the normal process for establishing that is where the applicant demonstrates that need, and generally in a lot of cases, particularly through planning applications, there's a need assessment report that's provided with an application that demonstrates there is a community or planning need established. That hasn't happened in this particular case. My professional opinion professional opinion is that that wouldn't be demonstrated. Food and drink outlets are located often in their centre zones and I don't believe there's sufficient grounds for that need to be established. There opportunity for the applicant, through this application process, to prepare a report commission to undertake that work to demonstrate is there a sufficient need there for that particular activity to operate in that particular location. However, with regards to this particular application, no report has been provided to demonstrate there is overwhelming community or economic or planning need. Thank you. Karen Finzel 39:16.792
Is there enough time then for the applicant to undertake this? Opportunity. Is there a time in the three-month period for the applicant to be able to give you the report that you need to accompany this application? Richard MacGillivray 39:38.180
Through the Chair, the applicant... three months should be sufficient time for the applicant to provide further information in that regard. I think it's important to note that the councillors would need to be satisfied as well. The councillor would need to be satisfied that there is that overwhelming community need. That would be a big, big ask in my mind. SPEAKER_13 39:59.212
Karen, have you finished? Madam Chair. Hang on. Karen, have you finished your line of questioning? Frank Wilkie 40:08.980
Madam Chair. SPEAKER_13 40:10.520
Sorry, just wait a minute, Frank. Karen, have you finished your line of questioning or have we lost you? Karen Finzel 40:16.280
Yes, Councillor Wilkie. Wilkie may proceed, thank you. SPEAKER_13 40:18.882
Thank you, Councillor Wilkie. Frank Wilkie 40:22.022
Thanks, Madam Chair. I think we're at a bit of a stalemate. I think the point here is that we all accept it's a popular business, it's well run, but but the bus element is in the wrong location. By having the roadside stall selling locally made produce to day trippers and locals is a good thing, and that element should continue in its current location, but we've got to find a safer, more appropriate location for the mobile commercial food and coffee shop, preferably somewhere that doesn't cause traffic hazards on an 80-kilometre-an-hour zone, block that Tom's described, commercial businesses servicing tourists and locals alike, no matter how excellent, don't negatively impact on residents' amenity and lifestyle, and that proper planning requirements are met. Now, I think this is why 148 Noosa Shire petitioners have called on us to do our jobs, to uphold the planning scheme, not allow an unapproved business to continue to affect residents' amenity or create unsafe traffic conditions. To defer for 24 months runs totally against everything I heard at consultation sessions with the destination management plan and over the last 10 years. And I think the business owners I've spoken to want an equal playing field. It's popular, well run, but the bus element is in the wrong The business has already been operating for two years without approval and in that time the impacts have only grown. Allowing more time will only entrench them. We've been duly warned by residents and about potential traffic safety hazards with children crossing this busy road at school bus times. We've been warned of potential for a tragedy. If this council can't act and kicks this can down the road for another two years and in that time... And in that time, the clearly identified risk is realised, what then? There are no words that we could use to get any justified in the decision. The voices calling strongly this week for approval will fall silent. The ballot petitioners and others will rightly defend. It's a lovely bastard business just in the wrong location. If this bus stop is moved to a more appropriate area day trippers and locals will still be able to get their morning coffee. Amenity and general safety issues will have been addressed and we will have acted responsibly and I'm probably not the only the only one around this table that doesn't want to make this council the first one to ignore the valid and lawful reasons for enacting the planning scheme and the residents' calls for us to do so. Also, let's not make this council the first one where residents take their council to the Planning and Environment Court and use the Noosa planning I think we need to think of the broader unintended legal consequences of ignoring our own planning scheme. According to a Planning and Environment Court judge's finding, Noosa Council's success defending major court appeals, including one against the investment arm of the Queensland Government itself, has been a strong record of making decisions consistently in support of its planning scheme. And I don't think we should miss throwing this key pillar throwing this key pillar of Noosa Council's legal defence away and placing the success of all future litigation in jeopardy over this particular matter. Each of us is here today and gathering around this table because we do care, but we must ask how would we feel if this was next to us, impacting our privacy, our safety, security and enjoyment of our homes, against the planning scheme, against the promises made by councillors to protect residents, against inappropriate development. This is what our planning scheme set up to protect against if councillors had the will to act. We can't say we respect what residents are saying about protecting them from the impacts of commercial, tourism, businesses and not see this is exactly what we're dealing with here. I support approval for the roadside store continuing in its current location where produce, locally sourced produce can be sold and enjoyed, but finding a more suitable location for this very popular and well-loved food and drink bus. Thank you. SPEAKER_13 44:41.076
I think Councillor Jurisevic will say something. Joe Jurisevic 44:44.637
Richard, I'm trying to go back to, I think the point Karen was and Tom have sort of touched on there and where you were going with this. three months or 24 months this activity, three months was a recommended by staff, 24 months of what Councillor Wegener was putting on the table. Suggestion of a report with regard to community need being able to be presented by the applicant. Is that correct? Richard MacGillivray 45:15.775
Through the Chair, so currently the application is recommended for approval in part for the roads I'd sought and refusal of the other elements. So the addition of a report in that time frame, I don't know what that would necessarily achieve Joe Jurisevic 45:33.805
So if within that time I think is what was trying to be the applicant could present a report based on community based on community need theoretically within whatever whatever time frame is there. Given that this is a refusal within a time frame would that facilitate any resetting of clocks or reconsideration of this matter when such a report was presented to council or would it have to go through a whole new planning application process? Richard MacGillivray 46:08.174
Through you Chair, it would need to go through a complete new planning process. Thank you, that's what I was trying to clarify. Thank you. Amelia Lorentson 46:14.114
Councillor Stewart. Brian Stockwell 46:14.794
And my question was, following on from that, I'll start with a clarification and get to the question. Wegener has moved the motion that in D and E refuse the food and drink outlet. What he's changed is the length of time where council will not institute. Not into compliance action. Is there any head of power under the Planning Act that gives council the ability move a motion to say it won't follow the act? Richard MacGillivray 47:08.428
Through the chair, council has a duty of care to investigate complaints and where there is illegal activities to investigate those complaints in relation to the cessation of an illegal activity once council is aware of that, it must take reasonable steps to address those particular issues. In terms of the issues, in terms of the length of time that's required to address any of those breaches, the general tests are what is reasonable and relevant in terms of the circumstances and the time it may take for particular use to see. So it does come down to what is a reasonable time frame and we believe three months is ample time for that use to cease and another occasion to be sourced. Amelia Lorentson 47:55.115
There's just no question this is an iconic bus, an iconic coffee shop and has provided you know immeasurable community support and great coffee for this community. concerns me with the amendment made by Council Wegener that it dismisses entirely the rights of a property owner and they're the ones that they're the ones that we should be protecting over the rights of non-property owners. It also dismisses the value that we put on the mental well-being and protection of our residents. I say this at the ordinary... meeting, people have to come before business. This is an incredible business, but it's not located in an appropriate site. It's contrary to the Noosa Plan. And, you know you know, you buy in a residential area because you expect it to be residential. If that was you, you're living next door to this incredible business, and this is such a difficult, difficult difficult decision, but put yourself in the neighbour's shoes. Difficult. How would you feel if a tourist attraction, a populum, and its success... I said this on Monday, its success has success has been its downfall, that it's no longer small in scale. Two years, the neighbours were happy with the operation. It was small in scale. It's now no longer small in scale, and it's adversely impacting the mental wellbeing of residents. And again, I stand here like I did with the Timbiwa Meat Processing Facility. The rights of people's rights to private enjoyment need to be protected. Property owners have rights. Joe Jurisevic 50:03.320
Yeah, yeah, yeah, if I'm right I Tom, I don't think this is where you actually intended to go. I don't think your intention was to refuse and only extend for 24 months. I don't see the benefit of extending a timeframe and putting off what is the inevitable because there's no coming back from this. This is, at the end of this, the operation has to this, the operation has to cease. Whether it's three months or 24 months, there's no rectification of the situation other than for the bus stop and the cafe element of this to cease. So, I can't support the motion as it stands. Brian Stockwell 50:46.508
Councillor Stockwell: I share Councillor Wegener's enthusiasm for trying to build an agro-tourism based entrepreneurial products throughout our rural area. I understand the constraints. I think what has in his arguments to support this motion, he's conflated a range of issues. What we're looking at here different concept. It was a concept of clustering small-scale artisanal food production and providing a retail front within a peri-urban environment within three kilometres of town. It's proven to be quite popular but the main driver for that has come out of having a food and drink outlet. There's no doubt. I've enjoyed it, it's a great place, informal, quirky, all the things that a whole lot of people enjoy. There's no doubt about it. but and if And if we could make political decisions, there's no doubt, looking at development trial applications, there's lots of votes in saying yes, let it go there. It's really easy, but we are prevented at law from taking political decisions. when it comes to deciding development applications. We can only assess development applications within the relevant criteria of the planning scheme. And that is why I can't support the I can't support the motion, is because the staff report has identified areas that it can't meet. I don't say in the future there's not going to be needs for small clusters in peri-urban areas for community centres. But no planning actually supports it at the moment. We can't predict into the future what planning might do. We can only assess a current development application on the current planning settings. essence of this business is partly about a rural environment but mainly about the character and the nature of the service delivery. The location could change and be equally or more successful. That's why I think the last part of the argument is if you wanted to you wanted to support it, we know there are real issues with traffic safety. There is no doubt, you know, part of the valid submissions made highlighted that there are traffic management issues, you know, riding the bypass or driving the car pass, we know that it can get very busy, cluttered. You know, if the option was to approve it, it would be approved Karen Finzel 54:22.573
Say that this application has highlighted a lot of complexities it is also highlighted the need for us to listen to our community and take on board what they have to say in this place their voice matters and I think that moving forward we need to do a lot of work as a council to you know give more voice at the this might not be the opportunity right now given we're constrained by the act but I think moving forward you know we have to look at breaking down silos in alignment with our corporate plan to address these issues that you know come before us we all deserve a seat at the table to find a balance and good governance moving forward to a future that needs to include all those things. When we talk about people's rights we also have rights collectively to be able to come together through social connection and cohesion in the right manner and that we're everyone is has equity in the space and balance and I'm sure that's what the current planning scheme is trying to address but I think we've got a lot of work before us councillors to actually you know look at getting up social policies and looking around how we can address this and make greater opportunities. Greater opportunities for people to come together and connect with one another so that we have thriving communities and moving forward I think we need to come together and see how we can address SPEAKER_12 56:12.219
I said this Saturday night at the Sunshine Coast Business Awards I said whenever you see successful business someone once made a courageous decision and I think the owners the think the owners of the Bus Stop Expresso made a courageous decision. I think it's been a wonderful asset to the community. We've heard about the benefits. It's enjoyed by so many but it's just in the wrong spot and I think that we can work with the owners to find a more suitable location. I think if you build it they will come. You have certainly built it and I think the people who frequent it now who love it now will follow you wherever it is and hopefully we can work closely with you to find a suitable spot for that that isn't affecting residential amenity SPEAKER_01 57:12.722
Thank you, everybody. Well, we talk about an assumption that there are other places. I don't think so. I've been looking for a long time. There's a lot of people who want to do similar out there. It's not that easy to find a location, a similar location. I think that that's just kind of that's kicking the can down the road. I think we could do better than that. I think the dispute from from two neighbours escalating like this is a rise of a lack of a lack of our own dispute mitigation. Tom Wegener 57:47.620
The council should be getting in faster on these things so they don't blow a community apart. I don't think that that refusing this and closing down the bus stop espresso is going to end that dispute by any stretch. I would be much more in favour of dispute resolution getting in there early on so that this doesn't happen and I think that by the with the 12 or the 14 months we can actually work on this. SPEAKER_01 58:16.573
We can look at what happened here and say what went wrong so that other people don't go through the same thing again because what are we telling the hinterland community? I think we're telling them give up. Do you really have hope? There used to be open farm gate. There used to be more food stalls. They're drying up. We're going backwards. We're losing our edge. We live in a paradise. live in a place where food grows abundantly, but we don't grow and eat what wants to grow here. We go to Woolies, we go to Kohl's, and we buy our vegetables there. We should be really focusing on our own economy. being much, much, much more self-sufficient. This is a trial, and we say the problem is its own success. Again, that's a weak, weak argument, saying that, "Oh, the problem is its own success." The problem is we aren't learning from its success. As a culture, as a community, as a Shire, as a council, we should be learning what is going on Why did it work? That's what we should be asking ourselves. Is it, is it inconsistent with the planning scheme? I don't think it's inconsistent with the planning scheme. I really don't. So I think, I think that this is an opportunity wildly lost. And perhaps if there's any last, if anybody wants to say, okay, give it a year, maybe that would help to decide to find a new spot, find a new place for this. can show it, put your money where your mouth is, let's find a new spot. because But I doubt there's, it exists. So I think I'm with a heavy heart. I see that this is, that we're going to go, that the recommendation is going to be voted on and approved. And it's not, it's just not the right answer. Thank you. SPEAKER_13 01:00:01.626
Yeah, so we've got, Kath, can you put it up please so we can all see? This is voting on. So Madam Karen Finzel 01:00:11.860
Chair, are we voting on Councillor Wegener's motion? Yes, we are currently. SPEAKER_13 01:00:17.120
So. Thank you. All in favour? With a change. With a change. Councillor Wegener. Against? Against. Councillor Stockwell, Laurenston, Wilkie, Jurisevic, Stewart. Councillor Finzel? For. So are you So are you supporting, Councillor? Karen Finzel 01:00:39.049
Oh, sorry. Yeah, for the conversation around moving forward around opportunities. SPEAKER_13 01:00:47.129
No, Councillor Finzel, it's either are you for the 24 months or are you against it? Karen Finzel 01:00:56.009
For the 24 months? Yes. Yeah, I'm against Thank you, Councillor Finzel. SPEAKER_13 01:01:01.361
All right, thank you. That is lost. We now go back to the original motion. Councillor Lorentson, Amelia Lorentson 01:01:07.501
I'd like to move an amendment. Shaun Walsh 01:01:10.701
There's no motion for it. I'd like to move the staff recommendation and include an addition, please. I'll second it. To add to the motion, Kathy, that Council request the CEO to expedite an investigation into the feasibility of the provision of a mobile coffee trader or similar at suitable We've already had the conversation. conversation just on Monday and again today that there are options, Council Wegener, but they will have to go through public tender process and an expression of interest. At the moment our permit policy says that every five years we've got to review our permit policy and that was the last time we issued the five-year permit was in 2021 which means the review is up for 2026 that's too long a time for the bus stop espresso to be waiting. be waiting. So my amendment simply seeks that we investigate whether an application, firstly whether an application for a mobile coffee trader on public sites such as the Noosa Botanic Gardens and the the Hinterland Adventure Playground can be supported on the basis that there is an overriding community need for a coffee trader in these locations. That's the first thing that we need to agree on. If that happens, If that happens, then as per our commercial permit policy, Council can actually amend the policy and accept or investigate applications that are received outside the tender process. Secondly, the opportunity, and this is part of the investigation and what, again, the amendment seeks to achieve, is whether there is another opportunity that we can fast another opportunity that we can fast forward this process by perhaps embedding it into our botanical garden master plan. So I think we have had a lot of conversation and the Mayor in fact raised the issue. a coffee shop in the Botanic Gardens some time ago. So in terms of a planning need that can substantiate us from deviating from the Noosa Plan, I think that there think that there is a clear case that there will be an established planning need or a community need that will allow us to again amend our policy to expedite this public tender expression of interest. No guarantee that the bus stop cafe will get the position. It's competitive and it has to go through a due process. But it does give two really great sites and potentially other sites an opportunity for the mobile bus espresso and other coffee shops to put in a tender. We just need to go through proper process. We start, you know, there's an expression that I think sits in one of the planners office downstairs. And I remember first month in the job, I sat in his room and I just saw this big poster and it says death by a thousand cuts and over four years, you start learning what that actually means. You know, there are times when social and community need overrides planning needs that we can't be too prescriptive within this plan. But most most of the time we've got to stick to the plan. That's the will of the community. It's a community document written for the community by the community. Staff said also on Monday that... Richard, you talked about the unintended consequence or impact of deviating from the Noosa Plan. And it's something that we didn't raise today, but I do want to raise it because we've we've got cafes located in commercial areas and if we start deviating from the plan and opening just ad hoc coffee shops or other rural places, it will undermine confidence for cafes located in commercial zone properties and that's why we can't kill our Noosa Plan with these 100 cuts. So anyway back to my amendment. I hope you support it. Oh sorry a motion with the addition J. I hope that you will support it and And hope that this can be done early New Year and you know public tender or an expression of interest you can hopefully see before the March elections Thank Madam Joe Jurisevic 01:06:35.070
Chair I'd like to make a couple of amendments and I'll do them one at a time Cathy just the first one the second one is irrelevant now. The first one would be K to request the CA to investigate extending the 60 kilometer per hour speed limit on Merrill Road to Longville Road to enhance the safety of vehicle interactions in these locations I do so on the basis of a lot of what we've heard here today. But also through all of the debate and all of the discussion all the information that's been coming through with regard to this section of road. If we are to continue to have a roadside stall at this location The conflicts of interactions have been alluded to by one of the neighbours with a petition, but also the location, the near proximity of the transfer station and the fact that truck movements and all the rest that are there, the extension of the 60 kilometre section would only be a few hundred metres to Lawnville Road and I think would enhance the safety and approach to the bridge and for all residents in the area as they enter I have a question for Councillor Lorentson. Karen Finzel 01:07:58.300
Has she spoken to the owner of Bus Stop Espresso about whether he wants to actually apply for a mobile van use? Amelia Lorentson 01:08:14.820
Who should I have spoken to Karen, sorry? To the applicant, has the applicant agreed that he is interested in making application for the mobile coffee bus? SPEAKER_13 01:08:50.460
Would anyone like to speak to the amendment put forward by Councillor Jurisevic. Councillor Wegener. SPEAKER_01 01:08:58.880
Yeah, it's a great amendment because it's just you've got SES, you've got the dump and you have a very, very fantastic food stall on the other side of the road. It should be 60 kilometres. Thank you, Councillor Jurisevic. SPEAKER_13 01:09:15.698
Thanks, Councillor. Anyone else like to speak to this? this? Frank or Karen, would you like to speak to the amendment about the $60,000? Frank. or Karen, would you like to speak to the amendment about the $60,000? Karen Finzel 01:09:23.616
I'm happy to support any amendment that increases pedestrian and vehicle safety. I think it's paramount that we support anything that contributes to safety of our residents. SPEAKER_13 01:09:37.336
Thank you, Councillor. Councillor Wilkie. Frank Wilkie 01:09:40.116
Sensible SPEAKER_13 01:09:45.628
We'll put it to a vote. All in favour? Carried unanimously. Thank you, Madam Chair. I'd like to... And I hope you bear with me. This is a bit of amendment on the run, unfortunately, because it's not... Again, I had a different understanding of understanding of where this was going, but I'll... And I apologise, Cathy, I'll dictate this as I go. So K, J, K, L. I'll move on to amendment L. Request the CEO to investigate the possibility of community rural nodes that may facilitate rural enterprise with small-scale commercial commercial activity in appropriate private land locations. Sorry. Brian Stockwell 01:10:31.740
Sorry. Can I raise a point of order? Yes. Just from the start of it, it's not relevant to a planning application. It's a broad matter, so therefore it's either ultra-wise. OK. SPEAKER_13 01:10:40.980
That's what I was trying to trying to do on the run, see if it had any leaks. Anything further, Councillor Jurisevic? No, I'll leave it at that. Amendment 1 is moved and forms part of the substantive motion. Councillor Lorentson is the only one who has spoken to the original motion. Does anyone else like to speak to it? Joe Jurisevic 01:10:58.493
Yeah, I will. Look, I said the other day, and I think Council alluded to it when this proposal first came to us and we gave it an extension of time. We thought it had merit. We thought there were benefits that it clearly articulated, particularly through COVID. and that there was a strong community support behind it. And I allude to one of the, I said it the other day at the meeting, I mean the element of the proposal was contrary to overall outcomes and performance outcomes PO1, 5 and 13. And those were the proposal is not a rural activity, it's an urban activity and will not add value to goods produced on site. Well, I'm a bit along the lines of where Councillor Wegener's head is at drinking coffee drinking coffee or producing coffee and that, I don't see it only as an urban activity, I see everybody drinks coffee and the opportunity to do that is there. The proposal does not have an indelible connection to the rural ecological values of the site and it's more appropriately located in an urban area. Again, I think that's, the appeal of the site is specifically there to create that create that indelible connection to the rural and ecological values of the site. So one could argue that there is no overriding community benefit for the food and drink outlet to be located on site with no particular circumstance relevant to warrant that proposal. I've been overwhelmed with elements of support from the community in that regard. So it does facilitate desire to have it located at this location and clearly it's a credit to Rob and your team that you've been able to facilitate this sort of ambiance and For the community to have an outlet that they can sit down and relax within easy walking distance. In an urban environment you can walk to a coffee shop more often than not. In a rural setting, it's not so easy. So you've you've created something new. Now the proposal detracts from the scenic amenity, well I think we can you know the scenic amenity is exactly what people go there for. So that that element to me is where I can can support it. The challenge is the rest of the planning scheme doesn't. And that was why I was trying to come up with some ways and means of looking at the planning scheme going forward and seeing if rural hubs..rural hubs or rural nodes, community nodes within the rural environment on private land might be something that we investigate for the future. Because you've clearly articulated something that the planning scheme doesn't or hasn't thought of. And going forward, I think it's an opportunity for us that's an opportunity for us to go, hey, maybe there's some merit in this that can benefit in the long run or in the future. So that's what I would propose, that when the next opportunity for planning scheme amendments come forward, that we look at what you have brought to the table with regard to what you've facilitated for your community. Unfortunately, based on the planning scheme and the elements of the planning scheme that address the food and drink element of your proposal, I have to support the staff recommendation for refusal of that element of it. There are some challenges. Clearly, I don't believe I don't believe that with the application you've adequately addressed the elements of parking. Brian Stockwell 01:14:34.363
Point of order, the councillor appears to be talking to the gallery rather than through the chair. Joe Jurisevic 01:14:38.643
Sorry, my apologies. I don't believe the applicant in this case has addressed all of the, as has been alluded to, the traffic and parking issues on the site. My concerns that I haven't seen any element of, where a food and drink outlet is concerned, I would expect public conveniences and the like, and I haven't seen anything other than a proposal for a portal loop to be facilitated here. When I think of the next step of a process and I think of building certification, I I think that there would certainly be a requirement for a disability compliant toilet based on billing certification needs so there's a lot of things that still have to be considered and addressed going forward in that regard and I don't I don't see that they've been done with the proposals before so as much as As much as we champion and we love the concept of what's there, I have to uphold the planning scheme as it stands and I have to concur with the staff recommendation to refuse the food and drink element of this. SPEAKER_13 01:15:51.430
Thank you Councillor Jurisevic. Councillor Wegener. I have a question for staff. Considering well considering as a Councillor Jurisevic just noted there are the pillars very important parts of the refusal are based on very very debatable if not inaccurate assumptions. SPEAKER_01 01:16:14.305
How does that affect the actual refusal? Because if the refusal is based on shaky pillars or inaccuracies it still a refusal? Richard MacGillivray 01:16:27.940
Chair, the report recommendations have been put forward to council is based on planning assessment against the Planning Act and Planning Scheme. SPEAKER_01 01:16:41.120
So it appears to me as though that we were looking at a need, an overriding public need for this. for this, for Bus Stop Espresso, and it says that the basis for the refusal is that the planning scheme will not recognise this overriding need and therefore it's against the planning scheme. that accurate? Richard MacGillivray 01:17:02.964
Through the Chair, the application's been assessed on the material that's been submitted as part of the application. Officers have assessed that material against the planning scheme, the planning act, and that's why we've got the recommendation. There has been no Joe Jurisevic 01:17:19.230
I'll follow that up with, I think Councillor Stockwell alluded to the question before. In a planning sense, need defines as something quite quite differently to what we're alluding to here, is that correct? Can you again define need as a... Correct Richard MacGillivray 01:17:34.681
Yeah. So in a successful business and something that's popular doesn't necessarily demonstrate that there is a demonstrated... community need or a planning need for a particular use or activity to occur. In this case we're talking about the reference of the food and drink outlet, so that's the element. It's not necessarily the type of activity, it's actually the land use, the food and drink outlet. SPEAKER_13 01:17:56.751
We have a question from Councillor Finzel. Can you hear me? Can you hear me? Karen Finzel 01:18:20.400
I just dropped out for a minute. Where are you at? SPEAKER_13 01:18:25.580
Did you have a question? You've got your hand raised. Yes, I have a question to Councillor Lorentson. With regards to her amendment, has the applicant indicated to applicant indicated to you that he's actually interested in applying for the mobile permit? Brian Stockwell 01:18:42.623
Point of order, I don't believe the question is relevant to the decision on the planning application. SPEAKER_13 01:18:47.463
Yes, sustained. Councillor Finzel, there is a motion before us, there's not an amendment, it's part of the substantive motion and that's what we're considering and voting on. This is just a request to investigate. Brian Stockwell 01:18:59.923
Thank I'll talk to the motion. I've said a fair bit. I do want to remind councillors, when I believe it was me that moved the motion to defer it to all our year for this application to come forward, there was part of that is to look at amending the planning scheme. Unfortunately, we haven't been able to put those amendments out to the community to get their feedback. We have since February been waiting for state government sign off to advertise to advertise those amendments. It's without those amendments, whether they support or otherwise food and drink outlets, and without the community feedback on those amendments, we haven't got the ability to vary the scheme requirements. Bearing in mind a lot of Councillor Wegener's arguments is about facilities in the hinterland that are based on primary production. Those elements are approved in this application. What's not approved is the secondary use, which is as defined in the planning scheme, a food and drink outlet, which is production of coffee. There may be, as... will be talked about, and as Councillor Jurisevic tried to make, there might be a case of looking at, do we make little clusters of community nodes in our hinterland that... play a social and commercial function that may be something to look at in future planning scheme amendments. In the old days we didn't have coffee vans, we had tea rooms, you know, and quite often though, a little bit out of town, they might be next to the strawberry farmer. So people They're both for the primary production and to consume a little bit of their chosen beverage. That is where you do the changes, is at the planning scheme review, not at the individual planning application. SPEAKER_13 01:20:57.725
Thank you, Councillor Stockwell. Anyone else like to speak to this? Councillor Wegener. Tom Wegener 01:21:05.720
Is a bright lining, and that is that the food stall is glorious. It's a fantastic food stall, and it pushes the boundaries, and it will help the hinterland, and it's a big step forward for our agricultural, rural hinterland economy. SPEAKER_01 01:21:23.700
I want to say to the hinterland, please do not give up, because we have the planning scheme amendments coming before us. As Brian noted, we've got the destination management plan. We have the Pomona placemaking plan. We can make a big difference to those plans, and this is where perhaps Bus Stop Espresso can live its last three months promoting proper amendments, promoting ideas like seating at food stalls. As of right now, it's not allowed under the planning scheme, but we scheme, but we can change that. We could we could make this. We can take what Bus Stop Espresso has done and not lose it. We can move it forward so that further generations for next year, other people all over the hinterland can enjoy it. It will be good for our economy. Tom Wegener 01:22:16.271
It'll be good for our communities working together, growing food, being a part of a community. That's what we need. Joe's Hubs sounds terrific. So it's a sad day with a small lining and we cannot give up and there is a bright future. SPEAKER_13 01:22:34.843
Thank you, Councillor. Councillor Finzel, Councillor Wilkie, would you like to speak to this? Karen Finzel 01:22:42.220
Yes, thank you, Madam Chair. Yes, I'd like to say that it's a great opportunity for us to get together and discuss what the future could look like, that we want to make our light shine brighter and we want to give voice to our community and build a thriving community where everyone feels that they have a have a say and an inclusion of how we want to shape this Shire. We want to promote innovation, entrepreneurs, we want to promote social cohesion and great ideas moving forward and I think that Bus Stop Espresso has given us that aspiration loud and clear. That our community, we're listening to your voice, we're hearing what you're saying with the matter before us has constraints around the planning scheme and the applicant did not put in and was able to demonstrate community need within line with that. is unfortunate but that's how it is moving forward so I just want to encourage our community to not give up to work with us to reach those desired outcomes we've been elected to these hear your voice to take on board what you say collectively and individually and it's our job to help work with you and the council to find balance so let's not give up let's think we can strive forward to achieve the outcomes and the desires that clearly represent all of our community and where we want to move forward to have a Shire that is a shining light an example to innovation and change and how collectively we can make a difference thank you. you. Thanks Karen. Thanks Karen. SPEAKER_13 01:24:40.258
Frank, Councillor Wilkie. Frank Wilkie 01:24:43.538
I don't think I could add anything of value that hasn't already been said at this point. Thank you Madam Chair. SPEAKER_13 01:24:50.078
Thank you. I've said enough too. Councillor Sengstock's closed. We'll put a matter to a vote. All in favour? That is Councillor Stockwell. All in favour? In favour. Lorentson, Dunwalkie, Jurisevic, Stewart. Councillor Finzel? In favour. Finzel against. Councillor Wegener, that is carried. It is now 6:30. I'm going to call a five minute break. It's incredibly hot in here. Just to give everyone five minutes if you'd like to leave or you're welcome to stay. There will be a new chair after the break. Larry Sengstock 01:25:24.208
You have to cancel the process. We'll do that process when we come back. SPEAKER_12 01:25:27.768
Yeah, but I'll be leaving prior to that. I have a previous engagement I have to get to as does Councillor Lorentson, so we will be vacating these seats. So thank you everyone. Joe Jurisevic 01:25:37.408
We're Don't give me a gavel for Christ's sake. Okay, we're online. Okay, I have to take control. I had to take control as the chair. Had to leave. The mayor had to leave to go to another appointment that was previously organised. So I will call for a new chair, if I can get somebody to. I'll nominate Brian Stockwell 01:26:15.384
Councillor Joe Jurisevic as chairperson. Larry Sengstock 01:26:18.744
That's a surprise. Brian Stockwell 01:26:19.564
I'll second that. Larry Sengstock 01:26:23.472
Councillor Jurisevic? Oh, put it to the vote, sorry. Karen Finzel 01:26:26.600
In favour? Larry Sengstock 01:26:29.180
Thank you, that's unanimous. Frank Wilkie 01:26:30.960
Sorry, Amelia's not there either. No, I'm sorry, Amelia has left the meeting as well. Left the building, Elvis has left the building. Venizel Lorentson has left the meeting as well, so that will be minuted. Joe Jurisevic 01:26:44.900
Okay, so to continue Okay, so to continue on from where we were before our short break, we're up to item 5.3. Further report, MCU 21/0110, application for material change of use, bath, food and drink outlet, outdoor sport and recreation, resort complex, you want Noosa Drive, Noosa Heads. That matter was... So we'll just move on to 6.1. So the next item, 6.1, 2023/24, community grants, program, community project grants, round two overview. We don't have... I said we won't be doing... Yes, okay. We won't be moving into the declarations until the individual items. So can I have a... Oh, it's part of the substantive, isn't it? Item 6.2, 2023/24. So when you're throwing in the deep end. Community program funding, community project grants, round two, program, two program projects. Councillor Wilkie. Frank Wilkie 01:27:47.115
Thank you, Mr Chair. I, Councillor Wilkie, inform the meeting. I have a declarable conflict of interest in this matter in relation to the funding recommendations to Karora Historical Society. That is the Noosa Shire state to the record that although general membership of an organisation does not qualify as a declarable conflict of interest, I would like to put on the record my general membership of the Karora Historical Society out of abundance Which is mentioned in this grant round. Unknown 01:28:15.790
Although I have a declarable conflict of interest, I do not believe a reasonable person would believe this affects my ability to make an impartial decision in this matter. Therefore, I choose to remain in the meeting room. Frank Wilkie 01:28:27.730
However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Joe Jurisevic 01:28:33.109
I have somebody move a resolution in this regard. Brian Stockwell 01:28:38.409
Yes, I'll move the standard resolution as appears on the screen. I don't think we need to read it out because we're going to have 25 of them. Joe Jurisevic 01:28:46.829
I have a seconder. I second it. Councillor Wegener. Need to speak to it? No. All in favour? Councillor Finzel. Karen Finzel 01:28:58.257
She can't vote on this. I can't vote. You've got a conflict coming up. Sorry, my apologies. Okay, so yes, the three councillors in the room carried unanimously, noting that Councillor Finzel and Councillor Wilkie did not move, did not vote on the motion. Councillor Wilkie. Councillor Wilkie, once again. Frank Wilkie 01:29:16.784
Thank you, Mr Chair. I, Councillor Wilkie, inform the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendations to Noosa Care. I'd like to put on the record that although it does not qualify as a declarable conflict of interest, I volunteer playing music at various care facilities in the Shire, including at Noosa Care, which is mentioned in this grand round. I am not a member or executive member of Noosa Care and don't believe a reasonable person would see this as conflict of interest. Choose to stay in the meeting room, but will accept the decision of the meeting as to whether I do or not. Brian Stockwell 01:29:53.160
I don't believe we can accept the resolution, Councillor. In his first line he says, "I have a declarable conflict of interest." In his second line he says, "It does not qualify as a declarable conflict of interest." line he says, "I'd like to put on the record that although it does not qualify as a declarable conflict of interest, I'm declaring a conflict of interest." I'm declaring a conflict of interest, but it's not a declarable conflict of interest. Joe Jurisevic 01:30:24.320
Good pick up, Councillor Stockwell. Would you... Brian Stockwell 01:30:25.920
I will move the standard motion and I will talk to it. Well, I realise that Councillor Wilkie is doing it out of abundance of caution. As soon as he declares it, it is... it has it has to be in his opinion that it is worthy of a declarable conflict of interest. It might not reach the criteria set out in the Act, but it's his assessment as to whether he should declare. Joe Jurisevic 01:30:51.687
Do you have a seconder? I'd like to say something. Please do. Just before you do, I'd just like to clarify something, Councillor Finzel. Uh, Finzel, I don't believe I have you recorded down as having a conflict on item 6.2. We don't, she's going to declare. She is going to declare one. That's what I wanted to clarify. Thank you, thank you. Councillor Wegener, you wish to speak to the motion? SPEAKER_00 01:31:23.659
I think Councillor Wilkie... You need to stand, Councillor. I think Councillor Wilkie is overabundant. Wilkie is overabundance, is overabundance of declaring the conflicts of interest. I think that this is well and truly beyond even the sphere of possibility of a conflict of interest. Joe Jurisevic 01:31:42.995
Council. Now knowing that Councillor Finzel does have a declarable conflict coming up, I'll put this to the vote. Those in favour? Carried unanimously. Councillor Finzel, I believe you have a declaration to make here. You still with us, Karen? Karen Finzel 01:32:02.560
Yes, I have. Has Cathy put it up on the screen? It is up on the screen. Can you see it? No, I can't see it. Joe Jurisevic 01:32:12.140
Would you like me to read it out for you? Karen Finzel 01:32:13.720
Oh, can you make that a little bit bigger, please? Joe Jurisevic 01:32:18.540
It's just made the whole thing bigger. Karen Finzel 01:32:27.420
Thank you. I, Councillor Finzel, inform the meeting room that I have a declarable conflict of interest in this matter in relation to the funding recommendations to Karura Historical Society, TA, the Noosa Shire Museum. I state for the record that although the general membership of an organisation does not qualify as a declarable conflict of interest, I wish it to be but do not believe a reasonable person would see this as a conflict. Therefore, I choose to remain in the meeting room. However, I will respect the decision of the meeting and whether I can remain and participate on the decision. Brian Stockwell 01:33:05.014
I'm happy to move the standard with the same comment. It's up to each council to decide whether they wish to declare or not. And I think this is worded, so it's not a double entendre or whatever it is, oxymoron. But yeah, for those watching... for those watching, a general membership is a specific exclusion from conflicts of interest. Joe Jurisevic 01:33:24.127
We'll have a seconder. Thank you, Councillor Wegener. Anything further to add? I'll put it to the vote. Those in favour? The three councillors that are eligible to vote have voted unanimously in support of Councillor Finzel remaining in the room. Karen Finzel 01:33:41.267
Thank you, Mr Chair. Brian Stockwell 01:33:43.479
I'll move the recommendation coming from the General Committee. Thank you. Joe Jurisevic 01:33:47.239
We can have a seconder for the recommendation. Thank you, Councillor Wegener. Any discussion? I'll put it to the vote. All in favour? Thank you, councillors. councillors Finzel and Wilkie on the line. That's carried unanimously. We'll move to item 6.3, 2023-24 Community Program Funding Community Project Grants Round 2 events. Larry Sengstock 01:34:12.523
No conflicts? Joe Jurisevic 01:34:13.983
Item 6.4? I see why she screwed that up. 2023-24 Community Program Funding Community Project Grants Grants Round 2 infrastructure. Item 6.5, 2023-24 Community Program Funding Community Project Grants Round 2 equipment. Brian Stockwell 01:34:34.241
Yes, I have a declarable conflict of interest as per my written declaration. being declared many times as appears on the screen, I wish to remain, seek the committee's approval to remain in the room for the decision. Joe Jurisevic 01:34:48.958
And I have a mover with a resolution of our Councillor Stockwell's status. status please. I'll move it. SPEAKER_00 01:34:55.500
And I will have to second it. And I will note that Councillor will note that there has been a conflict of interest by Councillor Stockwell in terms that it is in public interest that Councillor Stockwell participate in votes on this matter because Councillor believes that a reasonable person that a reasonable person could not have a perception of it, of bias. The ICEO review was an advisory service, not a statutory process. And Councillor Stockwell's queries at the time were in the public interest and neither he nor Mr. McCready McCready stood to personally gain or lose from the advice and therefore a reasonable person would trust that the final decision is made in the public interest. Joe Jurisevic 01:35:31.124
Okay. Is there any further discussion? Any questions? No? Can I vote on the matter? Those in favour? Councillor Wilkie. I'm trying to remember who can and can't vote on each of these issues. Carried unanimously by the three councillors that could vote on this matter. Larry Sengstock 01:35:48.086
I'm gonna get up, and then leave the phone. Karen Finzel 01:35:53.360
Thank you. I, Councillor Finzel, inform the meet. Sorry, Mr Chair. Joe Jurisevic 01:35:58.680
Just bear with me a second. Are we still on the same item? Yes. Sorry, yep. Sorry. Again, you went to the meeting the other day. That's why I don't have you down as a conflict of interest. Please do. Karen Finzel 01:36:07.820
That's Thank you, Mr Chair. I, Councillor Finzel, inform the meeting room I have a declarable conflict of interest in this matter in relation to the funding recommendations to Katie Rose Cottage as Lee McCready is employed as Head of Fundraising and Partnerships by Katie Rose Cottage, was involved in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as a group known as Future Noosa, which is which is no longer an entity. As a result of my conflict of interest, I will now leave the meeting room while a matter is considered and voted on. Joe Jurisevic 01:36:42.197
Thank you, Councillor. Happy to move the general recommendation. Do I have a seconder? Thank you, Councillor Wegener. Any discussion? If there's been no discussion, I'll put it to the vote. Those in favour? Thank you, Councillor Wilkie. We'll move on to item 6.6, but first we'll have to get Councillor Finzel back. Can somebody inform Councillor Finzel that she can return to the meeting? She's back. Councillor Finzel, can you hear us? Karen Finzel 01:37:11.205
Thank you, I'm back. Joe Jurisevic 01:37:12.285
Thank you. We're moving on to item 6.6, Regional Arts Development Fund RETA grant recommendations round 20, 23, 24. Councillor Wilkie, I believe you have a declaration. Frank Wilkie 01:37:24.033
Okay, I inform the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendations to Zest Factor as Zest Factor applicant Russell Krause is a general member of Noosa Arts Theatre where I serve as president. Mr Krause's grant does not involve the Noosa Arts Theatre or myself. I therefore don't believe a reasonable person would see this as I will choose to remain in the meeting room. However, I respect the decision of the meeting on whether I can remain and participate in the decision. Brian Stockwell 01:38:01.762
On Councillor Wilkie. I'll move the standard one to allow him to stay in the meeting. Joe Jurisevic 01:38:06.582
Thank you Councillor Stockwell, Councillor Wegener seconding. Thank you Councillor Wegener. No discussion. I put the matter to a vote. All in favour? SPEAKER_11 01:38:15.862
Favour. Joe Jurisevic 01:38:16.356
Thank you Councillor Finzel. Now carried unanimously by the four councillors that were allowed to vote. Councillor Wilkie, I believe you have another declaration. Frank Wilkie 01:38:26.976
Yes, I inform the meeting I have a declarable conflict of interest in this matter in relation to the funding recommendation to Seed applicant Joanna Wallace who is a general member of Noosa Arts Theatre where I serve as president. Unknown 01:38:40.242
Their grant does not involve Noosa Arts Theatre or myself and I therefore don't believe a reasonable person would see this as a conflict I will choose to remain in the meeting room. Frank Wilkie 01:38:49.348
However, I will respect the decision of the meeting of whether I can remain and participate in the decision. Brian Stockwell 01:38:55.588
I'll move the standard motion in regard to letting Councillor Wilkie participate in the decision. Joe Jurisevic 01:38:59.908
Thank you. witness seconding. No discussion. I'll put the motor to a vote. All in favour? In favour. Thank you, Councillor Finzel. I move the recommendation to come to the General Committee. Thank you, Councillor Stockwell. Do I have a seconder for the ratification? be the second. Thank you, Councillor Finzel. Is there any discussion? There being no discussion, I'll put the matter to a vote. All those in favour? Karen Finzel 01:39:26.147
In favour. Joe Jurisevic 01:39:27.387
Thank you. Carried unanimously. We'll move on to item 6.7, non-powered water sports feasibility study. Item 6.8, fire tech service provider panel rocks refresh. Item 6.9. Item 6.9, tourism Noosa strategy 2023 to 2027. Brian Stockwell 01:39:45.115
I have a declarable conflict of interest as per my written declaration in regard to Lee McCready, who's a director of tourism Noosa. I seek to remain in the room. Joe Jurisevic 01:39:57.235
Can I have a councillor determine whether they want to move resolution with regard to the status of Councillor Stockwell in the room? Move what? Councillor Wegener? SPEAKER_01 01:40:11.135
I'll move that the decurable event is by Stockwell in the standard response that I just read a few moments ago. That he remains in the room. Thank you. Joe Jurisevic 01:40:17.295
Do I have a seconder? Was that Councillor Wilkie? Thank you. Councillor Wilkie seconding. Any discussion? There being no discussion, I'll put it to a vote. All those in favour? Councillor Finzel, have you got a declaration? I have a conflict, I can't vote. Thank you, thank you, sorry. Okay, so carried unanimously by those that were unable to vote, noting that Councillor Stockwell and Councillor Finzel did not vote. Councillor Finzel, I believe you have a declaration. Karen Finzel 01:40:46.920
Yes, so I have a declarable conflict of interest in this matter, as Lee McCready, who is the Director of Tourism Noosa, was involved in a volunteer capacity with my 2020 election campaign, where I was one of three candidates that ran as a group known as Future Noosa, which is no longer an entity. As a an entity. 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. Joe Jurisevic 01:41:11.150
Thank you. We will light your footsteps as you leave. Do I have a... Frank Wilkie 01:41:17.390
I'll move the motion. Joe Jurisevic 01:41:18.550
Thank you. Councillor Wilkie, do Councillor Wegener. Any discussion on the matter? No, thank you. There being no discussion, I'll put it to a vote. All those in favour? Favour. Carried unanimously. Councillor Finzel had left the room and now we'll have to get her back. Okay, we'll move on to item 610, the financial performance report for October 2023.611, the Noosa Council Annual Report 2022-2023. Item 7.1, a confidential item, not for public release, recycling material processing option, new MRF. Item 7.2, confidential, not for public release, Emu Mountain Road shared pathway. And item 7.3, confidential, not for public release, voluntary flood recovery property acquisition. Can I vote mover and seconder for the adoption of the General Committee Recommendations dated the 13th of November 2023, except we're dealt with separately. Frank Wilkie 01:42:36.252
I'll second it. Thank you, Joe Jurisevic 01:42:37.932
Councillor Wegener moving, Councillor Wilkie seconding. All in favour? In favour. Karen Finzel 01:42:43.725
In favour. Joe Jurisevic 01:42:44.825
Thank you, carried unanimously. That deals with all of the General Committee reports. We now move on to the items before us in in the the ordinary ordinary meeting this evening, I'll just go to my agenda, which goes into, thank you, item 10, 9, I've got down here as 9, 10.1, item Sorry, 9.1, I'm using my other one. Thank you, 9.1, the operational plans, 23.3 to 20.34, quarter one, quarterly reporting. We have Deb Yietze, executive officer here for this report. report. Deb, can you please provide us with a bit of a summary of what this report covers? Deb, can you please... Yes. SPEAKER_11 01:43:24.048
This report provides Council with an update on the progress of initiatives within the operational plan 23/24, which was originally adopted by Council in the special budget meeting. The operational plan is aligned to the themes of the new corporate plan and essentially identifies how we will achieve the objectives of the corporate plan in the first year. The format of the report is slightly different to previous reports. It identifies initiatives which are complete, are on track, experiencing a minor disruption and a major disruption. The focus of comments that are provided in the attached index plan is on those- Three, four. On those initiatives which have experienced disruptions, so it forms more of an exception report, which is different to what we've done in the past. Of the 149 initiatives, 6 are complete, 120 are on the path, and 15 have experienced a minor disruption, and 8 a major The details of the status of the thing is shown in Attachment 1, and if Council would like to refer to the Attachment 3, there's a full listing of of all initiatives just to inform council. The other components of the report deal with the attachment two which is there includes progress against our KPIs. Now these are the KPIs which we've reported on historically and we continue to and we continue to do that so council is informed of performance and variances but noting that we are developing a new performance reporting framework and we'll be finalising new operational KPIs and that's a current project. The other factor in that is that we are implementing a new reporting system which will allow us to provide more real-time and better reporting. The attachment 3, as I said, provides a list of all the initiatives to council information and there are a couple of minor changes proposed to the wording of a few initiatives and they are shown in highlighted red text in a track change format and that is the conclusion of the presentation. Joe Jurisevic 01:45:23.589
Thank you Deb. Does anyone have any questions for our executive officer in relation to the report? Thank you for asking Mr Chair, no. Councillor Wilkie? Frank Wilkie 01:45:37.142
No, no, excellent report. Joe Jurisevic 01:45:39.002
Councillor's in the room. Brian Stockwell 01:45:43.222
It's interesting, I like the new format in terms of quickly being able to identify where the key areas are. I note that just quickly looking through the major disruptions, some are from as a result of council resolutions, a number in the transport areas because we haven't been able to fill positions, which is affecting a lot of operations. Is there anything more general other than the fact that a lot of those disruptions are caused because we have key positions that are vacant? Is there any other overview statements? other overview statements which would explain the you know the exceptions that we're seeing. SPEAKER_11 01:46:25.370
Other factors are a couple of key projects we've gone extended some of our community consultation and engagement so that we're very clear about what the wants in a couple of the initiatives and the Noosa River Plan is an example of that and the council decision that was made on that. Another and another factor is that while yes there's difficulty in attracting staff there are skill shortages in certain occupations nationally and we've got a very hot construction market environment at the moment where you've got shortage of materials increasing costs as well and you know we're not the only council that's embarked on a very you know significant infrastructure program so we are competing at that level as well and a further factor of a further factor of that, and maybe the Director of Infrastructure might like to contribute to this, is that we've been extremely successful in our grant funding, which has meant that our program, our capital program, is very significant and much higher than normal, so that places additional the organisation, not just on infrastructure services as well. Those are some examples. Larry Sengstock 01:47:42.744
There's been delays, but we're now instituting what we can to expedite that now, so we recognise that there has been a delay in some of those for various reasons, but now we're moving forward to capture that because we recognise also that traffic and transport is a major issue and a major concern and a major thought in many people's minds, so we're very cognisant of that and we'll continue to work as hard as we can to catch that up. deliver for the community. Joe Jurisevic 01:48:11.758
Thank you SCO. In relation to that, it's my understanding that there are some initiatives to be taken in that transport area with regard to traffic counting or traffic council and the like. Can we just clarify what is progressing going forward and what the extent of that work will be? Shaun Walsh 01:48:34.836
To the Chair, so the project that we have identified as a high priority and is still resourced is the car parking tech trial, which is the counting of publicly available car parking spaces and the VMS messaging on key entry points into Noosa Heads, because the gathering of that data is fundamental to future parking plans and parking strategies. So that's the one item that we have prioritised. The other one that we're progressing on now because of the TMR deadlines is the Northern Sunshine Coast public transport strategy, because the council lobbied to actually supplement the Southern Sunshine Coast public transport strategy. Because Noosa hadn't been included on the plans, so now we're working on Northern Sunshine Coast public transport strategy and we have deadlines to give them data by the 1st of December. Joe Jurisevic 01:49:21.779
Thank you, as well as data we'll be providing the council stance on public transport and what we feel needs to be improved and enhanced. Shaun Walsh 01:49:38.644
You know, consistent with our transport strategies and other reports so and also duplicating submissions we've made to other documents such as the South East Queensland regional plan. Joe Jurisevic 01:49:47.844
Thank you and just on that regard I believe there's an opportunity for the public to have their input into each of those elements of the TMA. strategies going forward or the TMR community consultation. Shaun Walsh 01:50:00.585
Yes so the TMR will be in charge of that consultation process. I'll have to take that on notice as exactly certain of their exact community consultation process but I can certainly make representations. I thought I was giving you a Joe Jurisevic 01:50:13.786
Dorothy Dixon. Yes it is a public comment. Frank Wilkie 01:50:17.566
Mr Chair. Joe Jurisevic 01:50:19.166
Thank you. Yes Frank. Frank Wilkie 01:50:21.087
Jim, one of the KPIs is the average seconds of wait time in phone queues. This is about the customer service staff and they seem to be at record lows of between the average of less than 30 seconds of wait time in phone queues compared to highs of 50 seconds in previous years. What's going on with customer service that's making that happen? Is it a lower volume of calls or do you have more staff or are they just more efficient? What can you tell us about what's driving that improvement? SPEAKER_11 01:51:01.425
Councilors, I'll defer that to Kerry as the director of the department. Kim Rawlings 01:51:05.611
Okay. Thank you Councillor Wilkie. The reason for the improvement in the response time is that through our 23 22 23 budget we were Okay. successful in being able to fund an additional customer service officer and that additional staff member has commenced and is making a significant difference to the response times. Frank Wilkie 01:51:32.580
Fantastic. Thank you. Joe Jurisevic 01:51:34.629
Okay. There being no further questions, would somebody like to move the staff recommendation? Karen Finzel 01:51:40.069
I'm happy to move. Joe Jurisevic 01:51:41.969
Okay. Councillor? Seconded. Councillor Finzel? Seconded. Councillor Wilkie? We'll do one online this time. Councillor Finzel, would you like to speak to the matter? Karen Finzel 01:51:51.315
Just think it was a good report. I'm pleased to see we've prioritised those couple of things Shaun mentioned and moving forward I'm looking to see if we can make some informed decisions around the data collected through the trial. So thanks everyone for your involvement. Joe Jurisevic 01:52:10.853
You Karen. Any other councillors we should speak to? Frank Wilkie 01:52:16.420
Again it's like the annual report there's an amazing amount of work that goes on every day every week of every quarter of every year and really it is the staff that are driving these operations making it all happen so through the CEO could you please pass on our thanks again to through the managers directors to the staff thank you the nature of reporting helps us to clearly articulate the positions that we're in identify the challenges that are before us and clearly articulates the road going forward so that we can deal with those challenges, so I appreciate the elements within this that make it easy for a councillor, in particular, to follow the operations of council. Thank you. Do you wish to close, Councillor Finzel? Karen Finzel 01:53:06.525
No, thank you. I think it's all been said. Thank you. Joe Jurisevic 01:53:09.085
I'll put it to the vote. All those in favour? Karen Finzel 01:53:11.585
In favour. Thank you. Joe Jurisevic 01:53:13.665
Carried unanimously. Thanks, Deb. The next four items before us are confidential items. The nature of the confidentiality is that they are tender awards awards and they involve a lot of financial information through that tender process. Brian Stockwell 01:53:35.572
Can I ask a question of the CEO first? Please. I note that one of the tenders relates to landslides on the road that I live on, but they're three or four kilometres further out of town. Would you consider that to be a conflict of interest? Larry Sengstock 01:53:51.698
I would, my position on that is no, because it's a natural disaster and it's something that needed to be repaired, so I think that's, Council would have no, I don't think, I don't think so, stronger position on that, yeah, don't go at that one very often. Joe Jurisevic 01:54:10.296
Alright, so can I have a mover that... I'll move we go into confidential session for the reasons outlined in the agenda. Do I have a seconder? I'll second it. Thank you Councillor Wilkie. I'll put that to the vote. All in favour? We're back online, so for those of you who have persisted with us, we are back from our confidential session and I'll move, I'll put forward item 10.1, the confidential item, not for public release, CN000316B flood reconstruction package. landslide remedial works tender award. Can I have a mover? Councillor Wegener, seconded, Councillor Finzel. Nothing to discuss? All in, put it to the vote, all in favour. Thank you councillors, carried unanimously. We'll move on to item 10.2, the flood The flood reconstruction package 7b, CN000317B, landslide remedial works, Black Pinch Road. Can I have a mover? Moved. Councillor Wilkie, seconded by Councillor Wegener. Any discussion? Thank you. In favour. I'll put it to the vote. All in favour? Frank Wilkie 01:55:34.516
In favour. Joe Jurisevic 01:55:36.016
Thank you. Carried unanimously. We'll move on to item 10.3, CN000318B, flood reconstruction package 8b, landslide remedial Would somebody like to move the motion? Councillor Stockwell, second it. Councillor Finzel? I'll put it to the vote. Councillors, those in support? In favour? Karen Finzel 01:55:57.240
In favour. Joe Jurisevic 01:55:58.204
Carried unanimously. We'll move to the last item on the agenda, 10.4, CN000318C, flood reconstruction package 8c, landslide remedial works tender award. Can I have a mover? Councillor Wegener, seconder? Wilkie? Second. I'll put it to the vote. Those in favour? Karen Finzel 01:56:17.148
In favour. Joe Jurisevic 01:56:18.348
Carried unanimously. That brings us to the end of the agenda. The next ordinary meeting will be held in council chambers on the Thursday the 15th of December 2023 at 5pm. I declare the meeting closed at 7:56pm. Related Noosa Council Meetings
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