Ordinary Meeting - May 2024
Date: Thursday, 16 May 2024 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 01:42:51
Synopsis: Opposition to State fast-track planning pathway to protect local control, Shark Control briefing before advocacy, Noosa Plan amendments to consultation, Community housing sale approved, Contracts awarded.
Meeting Attendees
Councillors
Frank Wilkie Karen Finzel Amelia Lorentson Jessica Phillips Brian Stockwell Tom Wegener Nicola Wilson 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 Infrastructure Services Shaun Walsh Director Development & Regulation Richard MacGillivray AI-Generated Meeting Insight
Key Decisions & Discussions Frank Wilkie secured unanimous support to lodge a formal submission opposing elements of Queensland’s HAAPOLA consequential amendments, citing risks to Noosa’s planning integrity and community appeal rights (00:00–03:40) (Mayoral Minute Item 3.1). Brian Stockwell backed the submission, warning the State Facilitated Development pathway sets too-low thresholds (15% affordable), lacks duration controls, and weakens adherence to local schemes (04:14–08:03) (Item 3.1). Amelia Lorentson and Tom Wegener argued the State’s approach overreaches and erodes Noosa’s self-determination in planning (08:06–11:25) (Item 3.1). Amelia Lorentson won unanimous support for a CEO report on Council’s role/policy on the Shark Control Program (nets and drumlines), data transparency, temporary net relocation in whale season, and assessment of emerging technologies; advocacy is paused until a DAF briefing to Councillors (12:54–25:02) (Notified Motion 5.1, amended). Frank Wilkie ’s amendment required DAF briefing before any advocacy or policy resolution on shark nets; carried unanimously (22:27–23:35) (5.1). Planning & Environment approvals adopted unanimously: minor changes for Peregian Beach mixed use (214 David Low Way), landfill conditions (Doonan), motorcycle/scooter sales (Rene St), and representations for hardware & trade supplies (Bunnings site), maintaining key conditions (58:27–59:50) (8.1 Items 5.1–5.4). Capital Program 2023/24 Q3 status noted (8.2 Item 6.1); Operational Plan Q3 and April Financials noted with sustainability indicators added (8.3 Items 6.1–6.2). Planning applications decided under delegation were noted after handling conflicts (01:02:35–01:02:46) (8.3 Item 6.3). Amendments to Noosa Plan 2020 endorsed for public notification and consultation for 31 business days; CEO authorised to incorporate Minister’s conditional advice (8.3 Item 7.1). Disposal of proposed Lot 1, 62 Lake Macdonald Dr to Coast2Bay Housing Group approved under s236 LGR 2012 exemption; CEO delegated to complete subdivision, remediation tenders, and contract execution to deliver community housing (8.3 Item 7.2). Street sweeping contract CN00619 awarded to Specialised Pavement Services Pty Ltd (2-year term + 3 x 12-month options); CEO to negotiate final contract (8.3 Item 7.3). Council approved the July–December 2024 meeting schedule (9.1); broad 2024 engagement program was noted (9.2); corrected consolidated Subordinate Local Law No.1 adopted to fix an omission in Schedule 10 (9.3). Contract CN00319B (Upper Pinbarren Creek Rd landslides) awarded to Hazell Bros Group; CEO delegated administration and up to 11.5% variation (post confidential session) (10.1). Contentious / Transparency Matters Brian Stockwell cautioned HAAPOLA’s SFD powers resemble historic centralised overrides, risking poor outcomes; urged “use-it-or-lose-it” incentives for land-banked approvals (04:14–08:03) (3.1). Debra Walz challenged Council’s engagement culture as perceived “tick-box,” urging genuine forums and policy reviews (Community Engagement Policy; Social Justice Charter) (38:13–51:30) (7.1 Deputation noted in agenda). Frank Wilkie rebutted, listing high-response engagements (livability, foreshore, heritage, DMP, waste) and committing to continuous improvement (01:11:04–01:16:10) (9.2). River Catchment Plan timeline pressure: public asked why July 2024 resolution may slip; officers cited induction/capacity constraints and potential budget need for “full and meaningful” consultation (52:09–54:22; 01:27:40–01:31:23) (11.1 Q&A; 9.2). Fluoride petition follow-up: Seqwater confirmed fluoridation is a State public health measure; ceasing would be complex and costly given grid integration; Council to relay technical queries to Seqwater (54:37–58:25) (11.2 Q&A). Shark Control: broad community group consultations cited; unanimity to seek DAF briefing before advocacy; recognition of polarized views on nets (12:54–34:37) (5.1). Legal / Risk HAAPOLA SFD pathway risks: bypass of LG assessment, limited public submissions, no appeal rights, affordable housing not secured in perpetuity, potential exceedance of height/scale and loss of overlay protections (Minutes 3.1; 00:00–03:40). Community housing land disposal relied on s236(1)(b) LGR 2012 exemption; CEO delegated under LGA ss257, 262 to contract with Coast2Bay, protecting Council’s interests (8.3 Item 7.2). Confidential procurement handled under s254J(3)(g) LGR 2012; CEO authorised to vary CN00319B up to 11.5%—ensure contract management controls (10.1). Subordinate Local Law No.1 consolidated version corrected under LGA s32; low enforcement risk confirmed; process improvements promised to prevent recurrence (9.3; 01:34:30–01:36:51). River Plan consultation duty: October 2023 procedural motion for “final and fully costed” plan by July 2024 noted; officers warned timing/budget constraints—risk of trust erosion if unmet (52:09–54:22; 01:29:05–01:31:07) (11.1; 9.2). Conflicts of Interest Karen Finzel declared a COI re Altum Property Group items due to a 2020 campaign volunteer association; left the room (8.3 Item 6.3; 01:00:38–01:01:30). Amelia Lorentson declared a COI re MC Bain (personal ties); left the room (8.3 Item 6.3; 01:01:30–01:02:03). Brian Stockwell noted prior Altum-related declaration is no longer applicable this term (01:02:05–01:02:35) (8.3 Item 6.3). Jessica Phillips declared a COI for CN00319B due to spouse’s employer association; Council resolved she could participate as no financial interest or benefit was evident (10.1; 01:37:38–01:40:12). Shark Control, Whales, and By-catch Amelia Lorentson sought clearer State reporting (e.g., which side of nets species are caught), GIS mapping, and exploration of temporary net relocations at Laguna Bay during whale migration; noted whale alarms to be installed (12:54–22:27) (5.1). Frank Wilkie ensured DAF briefing precedes any advocacy; consensus to evaluate alternatives (e-barriers, SMART drumlines, electronic deterrence) before changing stance (22:27–25:02) (5.1). Jessica Phillips flagged youth concern about by-catch; community appetite to “do better” than legacy nets while maintaining safety (24:38–25:02) (5.1). Tom Wegener referenced local education initiatives (Surf Smart) and queried workload; CEO confirmed initial step is an information report, not consultation (27:13–31:51) (5.1). Planning Scheme & Development Controls Noosa Plan 2020 Amendments endorsed for 31 business days of public notification per Minister’s conditional approval; CEO authorised to refine content per advice (8.3 Item 7.1). Multiple MCU changes approved, balancing minor flexibility with retention of key conditions (e.g., Bunnings trade/hardware mix) to protect intended land-use outcomes (8.1 Items 5.1–5.4). Community Engagement Program Council highlighted extensive recent engagements (livability survey; foreshore; heritage; DMP) and “close-the-loop” commitments; will prioritise where community influence is meaningful to avoid fatigue (01:06:37–01:16:10) (9.2). Upcoming: DMP Phase 2 and River Plan consultation dependent on Council decisions, scheduling capacity, and potential budget (01:27:09–01:29:41) (9.2). Housing & Community Assets Community housing delivery advanced via land disposal to Coast2Bay under statutory exemption; CEO empowered to procure remediation/subdivision works and execute sale at market value under HOA conditions (8.3 Item 7.2). Brian Stockwell linked actions to prior Housing Strategy consultation priorities and concurrent planning scheme amendments (01:31:23–01:34:30) (8.3; 7.1–7.2). Infrastructure Recovery Upper Pinbarren Creek Rd landslides remediation (CN00319B) awarded; noted as among final 2022 flood recovery projects, enhancing slope stability for residents (01:41:51–01:42:27) (10.1).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 16 May 2024 5:00 PM Council Chambers, 9 Pelican Street, Tewantin Crs Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” ORDINARY MEETING MINUTES 16 MAY 2024 1. ATTENDANCE & APOLOGIES COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Acting Director Infrastructure Services Shaun Walsh Director Development & Regulation Richard MacGillivray APOLOGIES Nil. 2. CONFIRMATION OF MINUTES Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Brian Stockwell The Minutes of the Ordinary Meeting held on 18 April 2024 be received and confirmed. Carried unanimously. 3. MAYORAL MINUTES 1. HOUSING AVAILABILITY AND AFFORDABILITY (PLANNING AND OTHER LEGISLATION AMENDMENT) ACT 2023 (HAAPOLA) AND CONSEQUENTIAL AMENDMENTS Council Resolution Moved: Cr Frank Wilkie That Council note the State Government has responded to the current housing challenge through the recently passed HAAPOLA Bill. However, the consequential amendments being proposed to the supporting Regulations, Ministerial Guidelines and Development Assessment Rules, have potential to circumvent and undermine Council’s good planning through its planning scheme that could result in unacceptable development outcomes for the Noosa Community. The HAAPOLA supporting material is currently on public consultation and it is recommended that Council make a formal submission raising particular concerns on the new State Facilitated Development (SDF) process, specifically: ORDINARY MEETING MINUTES 16 MAY 2024 The SDF process bypasses local government’s statutory role to assess and decide development applications against planning schemes for declared SFD proposals; Provides only a minimal (15%) affordable housing requirement with the breadth of eligible development being broadly defined; The process does not clearly outline how affordable housing approved under SFD will be maintained in perpetuity; provides limited opportunity for the public to make submissions on development proposals which have no appeal rights; may result in inconsistent development outcomes in inappropriate locations where amenity may be comprised, and building height and scale of development limits may be exceeded; and may severely impact areas which have previously received protection under environmental overlays. Carried unanimously. 4. PETITIONS Nil. 5. NOTIFIED MOTIONS 5.1. SHARK CONTROL Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips 5.1 SHARK CONTROL That Council requests the Chief Executive Officer to prepare a report for an upcoming Council Meeting addressing the following key issues: 1. Role and Policy Decision: The report should clearly outline the Council’s role and policy position on the State government’s Shark control program, the use of shark nets and drumlines, including any ongoing and future trials. 2. Advocacy and Support to the State: The Council recognises the importance of advocating for and supporting matters that are significant to our community. The Chief Executive Officer is requested to identify and articulate these matters in the report. This may include, but is not limited to the following: Continued advances in reporting: In its role as an advocate, Council supports the importance of transparent reporting from the State government regarding the effectiveness of shark nets and drumlines noting the annual catch data is provided on the State government website. It urges the consideration of further improvements to data reporting including which side of the nets marine species are caught on, to evaluate the shark control program’s efficacy and therefore minimise impacts on non-target species, and GIS mapping with interactive maps to improve clarity and provide a more comprehensive understanding of the data. ORDINARY MEETING MINUTES 16 MAY 2024 Investigation of temporary net relocation during specific periods: Council requests the State government to provide advice and explore the feasibility of temporarily relocating shark nets at Laguna Bay to a location that may mitigate the risk of by-catch and/or whale issues during the upcoming whale migration period. It is noted that DAFs Marine Animal Release Teams have just completed their annual training and whale alarms will be going on the nets during the next changeover. Continuous Evaluation of Technological Advancements: The Council advocates for the State government to continually evaluate the latest technological advancements in shark protection devices. The report should outline other possible recommendations on new technologies for consideration by the State government such as the Shark Safe Barriers’ model of electronic current deterrence developed in South Africa in terms of its cost-effectiveness and success rate. Noosa Council extends an invitation to the Department of Agriculture and Fisheries (DAF) to present their findings on the Shark Control Program. This presentation could be a valuable addition to the Council report, providing comprehensive insights into the effectiveness and impact of the program. The DAF’s expertise and firsthand experience with the Shark Control Program would offer a unique perspective, potentially highlighting areas of success and identifying opportunities for improvement for consideration by the Councillors. Amendment Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell That: Item 1 be amended to read: "1. Role and Policy Decision: The report should clearly outline the Council’s role and recommend a policy position on the State government’s Shark control program, the use of shark nets and drumlines, including any ongoing and future trials." the following sentence be deleted: "Noosa Council extends an invitation to the Department of Agriculture and Fisheries (DAF) to present their findings on the Shark Control Program." and the following sentence be added after dot point 3: "It be agreed that advocacy to the State on any aspect of the Shark Control Program or resolution on a Council position on shark nets not occur until Noosa Councillors have had a presentation from the Department of Agriculture and Fisheries (DAF) on the Shark Control Program." Carried unanimously. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Council requests the Chief Executive Officer to prepare a report for an upcoming Council Meeting addressing the following key issues: 1. Role and Policy Decision: The report should clearly outline the Council’s role and recommend a policy position on the State government’s Shark control program, the use of shark nets and drumlines, including any ongoing and future trials. 2. Advocacy and Support to the State: The Council recognises the importance of advocating for and supporting matters that are significant to our community. The Chief Executive Officer is requested to identify and articulate these matters in the report. This may include, but is not limited to the following: ORDINARY MEETING MINUTES 16 MAY 2024 Continued advances in reporting: In its role as an advocate, Council supports the importance of transparent reporting from the State government regarding the effectiveness of shark nets and drumlines noting the annual catch data is provided on the State government website. It urges the consideration of further improvements to data reporting including which side of the nets marine species are caught on, to evaluate the shark control program’s efficacy and therefore minimise impacts on non-target species, and GIS mapping with interactive maps to improve clarity and provide a more comprehensive understanding of the data. Investigation of temporary net relocation during specific periods: Council requests the State government to provide advice and explore the feasibility of temporarily relocating shark nets at Laguna Bay to a location that may mitigate the risk of by-catch and/or whale issues during the upcoming whale migration period. It is noted that DAFs Marine Animal Release Teams have just completed their annual training and whale alarms will be going on the nets during the next changeover. Continuous Evaluation of Technological Advancements: The Council advocates for the State government to continually evaluate the latest technological advancements in shark protection devices. The report should outline other possible recommendations on new technologies for consideration by the State government such as the Shark Safe Barriers’ model of electronic current deterrence developed in South Africa in terms of its costeffectiveness and success rate. It be agreed that advocacy to the State on any aspect of the Shark Control Program or resolution on a Council position on shark nets not occur until Noosa Councillors have had a presentation from the Department of Agriculture and Fisheries (DAF) on the Shark Control Program. This presentation could be a valuable addition to the Council report, providing comprehensive insights into the effectiveness and impact of the program. The DAF’s expertise and firsthand experience with the Shark Control Program would offer a unique perspective, potentially highlighting areas of success and identifying opportunities for improvement for consideration by the Councillors. Carried unanimously. 6. PRESENTATIONS Nil. 7. DEPUTATIONS 7.1. DEBRA WALZ TOPIC: COMMUNITY ENGAGEMENT 11. PUBLIC QUESTION TIME ORDINARY MEETING MINUTES 16 MAY 2024 11.1. ANDREW MCCARTHY - DRAFT NOOSA RIVER CATCHMENT MANAGEMENT PLAN Question 1. With only two months to go, Mr Sengstock what actions have been undertaken, and/or what plans have the Council put in place to conduct a full community and stakeholder consultation on the Draft Noosa River Catchment Management Plan so that Council can report back in July 2024 with a final and fully costed NRCMP in line with October 2023 procedural motion? Response provided by Director Strategy & Environment, Kim Rawlings The Council election and caretaker occurs over a number of months, as previously advised we have been in a process of providing information and induction for our new Council on many many Council p[projects, services and initiatives. The River Plan being just one of these. In this context Council is currently receiving information and considering how best to move forward on the River Plan. Question 2. The inclusion of 'To Consider a Conservation Park' in the Draft Catchment Plan created a substantial public backlash. Has the Council contacted the relevant state authorities to see if they would approve a Conservation park over the Noosa River before splitting the community by adding It again? If not, why not? Response provided by Director Strategy & Environment, Kim Rawlings Yes, Council has been in contact with the Department of Environment and Science (DES). Quite rightly DES have not indicated support or not support, nor has Council asked them to indicate support or otherwise, as there is a process of investigation required to be undertaken before any indication on support or otherwise could occur. DES have been clear on the process required for establishment of a conservation park anywhere which would include undertaking a detailed feasibility study, including an assessment of current natural, cultural and socio-economic values of the river, engaging with First Nations people and undertaking public consultation prior to making any formal request to the Minister. Further steps would still then be required including the development a draft management agreement with the State Government. 11.2. DEBRA WALZ - FLUORIDE Question 1. Can Council provide an update regarding progress with SEQWater in relation to removing fluoride from Noosa Shire's drinking water, including a cost analysis and estimate timeframe on the impact on Council's budget over the period of time to transition to fluoride free water? Response provided by Director Development & Regulation, Richard MacGillivray It’s important to highlight Noosa Council does not manage the treatment and distribution of potable water in Noosa. Treatment is undertaken by Seqwater and distribution by UnityWater. As the operators of the fluoride dosing process, it is appropriate for Seqwater to provide advice on these matters. The question received by Council from Ms Walz on 5 December 2023 was forwarded to Seqwater for advice on 7 December 2023. I can advise a response was finally received from Seqwater in April this year. In their response Seqwater confirm that the ‘Fluoridation of the water supply is a public health measure administered by the Queensland Government’. ‘Seqwater monitors fluoride concentrations in ORDINARY MEETING MINUTES 16 MAY 2024 drinking water continuously and reports the result to Queensland Health regularly’. Their response also states that ‘to date, no Council that Seqwater supplies in South East Queensland has requested to cease fluoridation of potable water. Therefore, an economic cost analysis and works management timeframe is not available. Any such analysis would need to consider a range of factors given the Noosa Water Supply Zone is connected to the broader SEQ Water Grid. Noosa was connected to the grid in 2012 to bolster water security for the region, particularly in times of drought.’ Notwithstanding that no specific economic cost analysis has been provided by Seqwater, given the Noosa Water Supply is connected and receives water from the broader SEQ Water Grid, it is clear that the process would be complex and the cost to ratepayers to remove fluoride from the potable water supply would likely be significant. The matters raised in the petition received by Council is currently being reviewed and a response will be provided in due course. Question 2. What is the molecular form of the fluoride compound that is used in Noosa Shire's water, including the origin of this compound, and is this compound chemically pure? Response provided by Director Development & Regulation, Richard MacGillivray The chemical processes and materials employed in the fluoridation of water across SEQ are significantly outside the scope of Council's remit, and it is advised that this enquiry can be best addressed directly with the water supplier, Seqwater. 8. CONSIDERATION OF COMMITTEE REPORTS 8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 MAY 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson, Chair (via Microsoft Teams) Cr Brian Stockwell Cr Frank Wilkie Cr Tom Wegener NON COMMITTEE MEMBERS Nil EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy & Environment Kim Rawlings APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL ORDINARY MEETING MINUTES 16 MAY 2024 5.1. MCU22/0154.01 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR FOOD AND DRINK OUTLET, SHOPS AND OFFICES AT 214 DAVID LOW WAY, PEREGIAN BEACH That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 May 2024 regarding Application No. MCU22/0154.01 to make a minor change to an existing approval for Food and Drink Outlet, Shops & Offices situated at 214 David Low Way Peregian Beach and: A. Agree to amend Condition 2, as outlined in Attachment 1. B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016. 5.2. 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE – EXPANSION OF SPECIAL PURPOSE (WASTE DISPOSAL AND RECYCLING FACILITY) & ONGOING CLEARING PURPOSES AT 561 EUMUNDI NOOSA ROAD, DOONAN That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 May 2024 regarding Application No. 132005.638.03 for Representations to the Other Change approval to an existing development permit for Material Change of Use – Waste Disposal & Recycling Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561 Eumundi Noosa Rd Doonan Qld 4562 and: A. Agree to amend conditions 40 and 43, as outlined in Attachment 1; and B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016. 5.3. MCU21/0104.01 APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE OF PREMISES (UNDEFINED USE – MOTORCYCLE / SCOOTER SALES & REPAIR) – 16 RENE ST, NOOSAVILLE That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 7 May 2024 regarding Application No. MCU21/0104.01 to make a minor change to an existing approval for a Material Change of Use of Premises (Undefined Use – Motorcycle/Scooter Sales & Repair) situated at 16 Rene St, Noosaville and: A. Approve the change. B. Amend conditions 2, 5, 7, 8 and 10 as outlined in Attachment 1. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. 5.4. MCU22/0051 REPRESENTATIONS TO DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE - HARDWARE & TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD, NOOSAVILLE That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 May 2024 regarding representations made in relation to Development Approval MCU22/0051 for Hardware and Trade Supplies situated at 178 Eumundi Noosa Rd Noosaville and: A. Agree to amend conditions 3, 7, 13,15, 20 and 21 as outlined in Attachment 1; B. Delete conditions 39 & 40; C. Refuse the representations made to conditions 5 for the following reasons: Condition 5 The condition is a reasonable requirement given the application was made over 178 Eumundi Noosa Road which includes the existing Bunnings Warehouse. The retention of a significant hardware component and trade sales area within the Bunnings Warehouse is an important consideration in the assessment of the ORDINARY MEETING MINUTES 16 MAY 2024 proposed trade supplies store and the original Bunnings Warehouse. D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Council Resolution Moved: Cr Tom Wegener Seconded: Cr Amelia Lorentson That the report of the Planning and Environment Committee meeting dated 7 May 2023 be received and the recommendations therein be adopted. Carried unanimously. 8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 7 MAY 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel, Chair Cr Jessica Phillips Cr Frank Wilkie Cr Nicola Wilson NON COMMITTEE MEMBERS Cr Amelia Lorentson Cr Tom Wegener EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Acting Director Infrastructure Services Shaun Walsh (via Microsoft Teams) APOLOGIES Nil COMMITTEE RECOMMENDATIONS TO COUNCIL 6.1. CAPITAL PROGRAM 2023/24 DELIVERY STATUS That Council note the report by the Infrastructure Planning Officer to the Services & Organisation Committee Meeting 7 May 2024 providing an update on the delivery of the 2023/24 Capital Program as at 31 March 2024. Council Resolution Moved: Cr Karen Finzel Seconded: Cr Jessica Phillips That the report of the Services & Organisation Committee meeting dated 7 May 2024 be received and the recommendations therein be adopted. Carried unanimously. ORDINARY MEETING MINUTES 16 MAY 2024 8.3. GENERAL COMMITTEE MEETING REPORT - 13 MAY 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Brian Stockwell (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Tom Wegener Cr Frank Wilkie Cr Nicola Wilson EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 6.1. OPERATIONAL PLAN 2023-24 Q3 QUARTERLY REPORTING That Council note the report by the Chief Executive Officer (Acting) to the General Committee dated 13 May 2024 regarding the 2023-24 Operational Plan and: A. Note the progress report for Q3 2023-24 Operational Plan to 31 March 2024 provided as Attachment 1; B. Note the comments on the progress of all initiatives identified provided as Attachment 2; and C. Note the status of Council's Key Performance Indicators as provided as Attachment 3. 6.2. FINANCIAL PERFORMANCE REPORT – APRIL 2024 That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 13 May 2024 outlining April 2024 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. 6.3. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - JANUARY, FEBRUARY, MARCH & APRIL 2024 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 applications MCU21/0228.01 & OPW21/0364.014 (Combined with MCU21/0228.01) by Altum Property Group which are Items 7 & 22 in the Delegated Authority report. Leigh McCready who is associated with the applicant to the best of my knowledge, was involved in a volunteer capacity for my 2020 election campaign with Future Noosa, which is no longer an entity. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Finzel left the meeting. ORDINARY MEETING MINUTES 16 MAY 2024 In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Lorentson, inform the meeting that I have a declared conflict of interest in relation to the application OPW21/0353.02 by MC Bain which is Item 13 in the Delegated Authority report, due to my personal relationship with the applicant Mark Bain and the Bain Family who are family friends. We have attended social events together, and our children have attended school together. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Lorentson left the meeting. Cr Stockwell informed the meeting that he had previously declared conflicts of interest in relation to applications made by Altum Property Group in the Planning Applications by Delegated Authority Reports. Cr Stockwell advised: During the last term I, Cr Stockwell, declared a conflict relating to Leigh McCready and the Altum property group relating to events in the lead up to the 2020 election. As this issue was prior to the relevant term, and as I am advised Leigh McCready no longer has an interest in the company it is not my intent to continue to make this declaration. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Development Assessment Manager to the General Committee Meeting 13 May 2024 regarding applications that have been decided by delegated authority as per Attachment 1. Carried unanimously. Crs Finzel and Lorentson returned to the meeting. 7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - ENDORSEMENT OF PROPOSED AMENDMENTS TO NOOSA PLAN 2020 FOR THE PURPOSE OF PUBLIC NOTIFICATION AND COMMUNITY CONSULTATION That Council note the report by the Strategy and Sustainability Manager to the General Committee Meeting dated 13 May 2024 regarding proposed amendments to Noosa Plan 2020 and: A. Endorse the proposed amendments to Noosa Plan 2020 provided as tracked changes in Attachment 3 for the purpose of public notification and community consultation; B. Authorise the Chief Executive Officer to make additional changes to the proposed amendments to Noosa Plan 2020 contained in Attachment 3 as required by the Minister's conditional approval and Minister's certain advice recommendations outlined in this report; C. Authorise public notification and community consultation for a period of 31 business days and in accordance with the Community Engagement Plan as amended by the Minister's conditional approval; D. Following public notification bring forward a community consultation report for Council consideration; E. Make the proposed amendments publicly available on Council's website as of 31 May 2024, being the first day of public notification. ORDINARY MEETING MINUTES 16 MAY 2024 7.2. CONFIDENTIAL - DISPOSAL OF LAND FOR COMMUNITY HOUSING That Council A. Note the report by the Senior Strategic Planner to the General Committee dated 13 May 2024 regarding the disposal of proposed Lot 1, 62 Lake Macdonald Drive to Coast2Bay Housing Group; B. Delegate to the CEO the power to perform the actions required to undertake the subdivision of the base parcel including: 1. tender for the remediation works; 2. negotiate, finalise and execute a contract for the remediation works for the sum generally outlined in the Report: 3. finalise the scope for subdivision works; 4. tender for the subdivision works; 5. enter to negotiate, finalise and execute a contract for the subdivision works for the sum generally outlined in the Report; and 6. finalise the subdivision works. C. Resolve that the exemption to dispose of a non-current asset other than by tender or auction contained in section 236(1)(b) of the Local Government Regulation applies to the disposal of proposed Lot 1. D. Approve to dispose of proposed Lot 1 of land under section 236 of the Local Government Regulation 2012 to Coast2Bay Housing Group subject to: 1. provisions outlined in the Heads of Agreement dated 4 April 2024; 2. purchase price being the market value outlined in the Report; and 3. other conditions which the CEO considers appropriate for the protection of Council's interests; E. Pursuant to section 257 of the Local Government Act 2009 (Qld), delegate to the Chief Executive Officer the power to negotiate, approve and pursuant to section 262 of the Local Government Act 2009 (Qld), enter into a contract on behalf of Noosa Shire Council for the disposal of proposed Lot 1 to Coast2Bay Housing Group on the conditions outlined above for the purpose of delivering the community housing outcomes. 7.3. CONFIDENTIAL - CN00619 – PROVISION OF STREET SWEEPING SERVICES That Council A. Note the report by the Maintenance Planning Coordinator regarding the provision of Street Sweeping Services to the General Committee dated 13 May 2024; B. Award both separable portions of Contract No. CN00619 Provision of Street Sweeping Services to Specialised Pavement Services Pty Ltd, for an initial term of up to two (2) years, commencing 1 July 2024 and expiring 30 June 2026, with an option to extend for three (3) further periods of up to twelve (12) months each. The option to extend will be at Council’s own discretion and subject to the Contractor’s ability to meet the requirements under the Contract; and C. Authorise the CEO to negotiate the final contract with Specialised Pavement Services Pty Ltd. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Nicola Wilson That the report of the General Committee meeting dated 13 May 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. ORDINARY MEETING MINUTES 16 MAY 2024 9. ORDINARY MEETING REPORTS 9.1. PROPOSED MEETING SCHEDULE - JULY TO DECEMBER 2024 Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Nicola Wilson That Council note the report by the Chief Executive Officer (Acting) to the Ordinary Meeting dated 16 May 2024 and approve the Council Meeting dates for the remainder of 2024 (July-December) as set out in Attachment 1 to the Report. Carried unanimously. 9.2. OVERVIEW OF COMMUNITY ENGAGEMENT PROGRAM FOR 2024 Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Amelia Lorentson That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 16 May 2024 regarding Council's community engagement program for the remainder of 2024. Carried unanimously. 9.3. ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR Council Resolution Moved: Cr Tom Wegener Seconded: Cr Amelia Lorentson That Council adopt, pursuant to section 32 of the Queensland Local Government Act 2009, a Consolidated Version of Subordinate Local Law No. 1 (Administration) 2015 in the form in Attachment 1 to this Report, which rectifies the unintentional omission of section 3(c)(i) – (iv) of Schedule 10. Carried unanimously. 10. CONFIDENTIAL SESSION ORDINARY MEETING MINUTES 16 MAY 2024 10.1. CONFIDENTIAL - CONTRACT NUMBER CN00319B - UPPER PINBARREN CREEK ROAD LANDSLIDES In accordance with Chapter 5B of the Local Government Act 2009, Cr Phillips provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Phillips, inform the meeting that I have a declarable conflict of interest in this matter as I have become aware that the company my husband works for is associated with a company that tendered an application for confidential contract number CN00319B. However he has had no involvement in any construction of the tender. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I am not closely related to the applicant and they are not recommended for the tender. 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 Stockwell Seconded: Cr Wilson That Council note the declarable conflict of interest by Cr Phillips and determine that Cr Phillips 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 Phillips did not vote on the above motion. CLOSURE OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips 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 Item 10.1 Contract Number CN00319B - Upper Pinbarren Creed Road Landslides. Carried unanimously. RE-OPENING OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That the meeting be re-opened to the public. Carried unanimously. ORDINARY MEETING MINUTES 16 MAY 2024 Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Disaster Reconstruction Coordinator to the Ordinary Meeting dated 16 May 2024 and: 1. Award Contract No. CN00319B for Landslide Remedial Works - Upper Pinbarren Creek Road to Hazell Bros Group Pty Ltd; 2. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and do all things necessary to administer the Contract on behalf of Council; and 3. Delegate to the Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value. Carried unanimously. 12. NEXT MEETING The next Ordinary Meeting will be held at hinterland venue on Thursday 20 June 2024 at 5.00pm. 13. MEETING CLOSURE The meeting closed at 07:08 PM
Meeting Transcript
Frank Wilkie 00:00.000
I'd like to acknowledge that we're meeting on the traditional lands of the Kabi Kabi people and I pay my respects to Elders past, present and emerging. Note that all councillors are in attendance. Item two is the confirmation of the minutes. a mover and a seconder for the minutes of the ordinary meeting held on the 18th of April. Happy to move, thank you. Moved by Councillor Lorentson, seconded by Councillor Stockwell. Thank you. All in favour? That's carried unanimously. Adamus, I have a Mayoral minute. I hereby give notice of my intention to move the following motion of the ordinary meeting on Thursday 16 May. It's to do with the housing availability and affordability planning and other legislation amendment act. consequential amendments. The motion reads that council note the State government has responded to the current housing challenge through the recently passed bill. However the consequential amendments being proposed to the supporting regulations ministerial guidelines and development assessment rules have potential to circumvent and undermine council's good planning through its planning scheme that could result in unacceptable development outcomes for the Noosa community. The bill's supporting material is currently on public consultation and it is recommended that council make a formal submission raising particular concerns on new state facilitated development process, specifically that the State facilitated development process bypasses local government's role to assess and process does not clearly outline how affordable housing approved under this process will be maintained in perpetuity, provides limited opportunity to the public to make submissions on development proposals which have no approved appeal rights. may result in inconsistent development outcomes in inappropriate locations where amenity may be compromised, building height and scale of development limits may be exceeded, and may severely impact areas which have previously received protection under environmental outlays. I would just speak further on this. The proposed amendments will provide a new development assessment process where a development application will be assessed by the State government rather than the local government. To bypass Noosa Council, development proposal must include an affordable housing component equal to at least 15% of all dwellings. Because the application did not need to comply with the Noosa Planning Scheme, there is potentially no limit to the height or size of the developments that could occur on any lot deemed to have suitable infrastructure to support them. This could mean multi-storey units of unspecified height and low density residential neighbourhoods. There are also reduced timeframes for approvals and limited feedback opportunity for residents who may be affected. It's important to acknowledge Noosa Council has a strong and proud history of upholding Noosa planning schemes, which have been enshrined and reinforced through numerous upheld planning and environment court decisions. This persistent and dedicated approach to local government planning has made Noosa the community and destination it is today that our residents and visitors love. This council is also very aware and supportive of achieving greater housing outcomes for our community as addressed in council's comprehensive housing strategy endorsed over two years ago. This strategy has a range of actions already underway to achieve these outcomes in a manner that As highlighted above, there are significant concerns that the State facilitated development process may threaten or undermine this approach and Noosa Council will be strongly seeking the State government to reconsider their approach to this process to address concerns raised above and importantly ensure the local planning instruments such as the Noosa Plan 2020 will be adhered to. Does anyone else wish to speak to the motion? Yeah, Brian Stockwell 04:14.320
I'll speak to the motion. I would read out the name of the piece of legislation we're talking to but it's far too complex. I suggest rename it the Russ Hins Memorial Act because not since the Jo Bielke Peterson era have we had a state government that has given the minister such sweeping powers over development. We know what in that era when the minister had those powers it was a recipe for really poor outcomes and a lot of other things that the Fitzgerald inquiry exposed. I'm not suggesting this is in that case I do understand that this the reason reason for the Act is bonafide a desire by the government to get more affordable and more social housing into the system as quick as possible. It is unfortunately based on what local What local government thinks is an incorrect interpretation of the constraints on development. I think every local government in South East Queensland acknowledges there is ample land sitting in the ownership of developers. with approved development that has not proceeded. So if we wanted to actually get more housing perhaps the first thing is to start looking at legislation to make it use it or lose it rather than sitting on it. think has changed and this is only a subordinate legislation is they've got into the detail and the detail in my opinion has set the the bar for this streamlined process far the other if this as when it originally was proposed in my mind was really focused on public housing on community housing co-ops of getting that stock going as quick and I know there may be opportunities in our Shire and they've always had an ability to approve for emergency housing going straight through to the State they're all things that there's a reasonable trust trust in the system is a reputational, but this simple benchmark of going into a state development that has yet to establish the development control unit to assess these applications for a private development. Private development with just 15% of loosely defined affordable housing with no apparent restriction on the length of time it has to stay affordable. So it could be you get this approval and you sell the block within within a very short period, and there's no clear path within these regulations to make sure that that 15% of affordable housing is maintained. To me, it can be it can be easily remedied by having a far more respectful approach to local government which does, instead of saying may take consideration of the plan, will take consideration of the plan. It's more like respecting the intent of the zones at the moment which we believe is something that it may see proponents come up with things that are what we would consider inconsistent. everyone in all levels of government should be focused on how we increase the supply. I think this particular regulation has been developed far too quickly and has probably been too far influenced by a fairly fundamentalist view that increasing supply will make more affordable and we know that's not the case in our Shire. We know there's a range of other concepts that we put forward into our housing strategy and are contained in the draft amendments that later on in this agenda we will approve to go out to public consultation and I support the Mayor in this endeavour. Frank Wilkie 08:03.718
Any other councillors wish to speak to the motion? Amelia Lorentson 08:06.478
I'll speak to the motion. So the Housing Availability and Affordability Bill proposes substantial changes. Mayor Wilkie you've addressed those quite eloquently and simply in the Mayoral minute. The changes that I want to sort of talk to include the potential adjustments to building heights and reduction in reduction in the assessment criteria, both which can have significant impact on Noosa. From my perspective, some of the draft bill's changes are simply an overreach. They exceed what is reasonable. And certain changes appear to lack as councillor Stockwell alluded to lack of sound planning. And from my perspective, what it lacks is effective or any collaboration with local government. And most importantly, it lacks inclusive community participation. I'm still waiting from the State discussions on topics such as density, schools, road, infrastructure, and the preservation of our lifestyle. Effective planning and robust collaboration are not just important for preserving our cultural heritage. They're also critical in preserving our identity and lifestyle. Noosa Council recognises the housing crisis. In fact, last year, in yet another Mayoral minute, we urged the State government to acknowledge the substantial strategic work that Noosa Council has been doing for over five years now to improve housing choice and affordability, including comprehensive housing needs analysis, monitoring the monitoring the impact of short-term accommodation on permanent housing, adopting a housing strategy and preparing planning scheme amendments that specifically address the housing crisis. that we, local governments, are shouldering the burden of the State's lack of action in providing social and affordable housing and that our voices are not being acknowledged. I'm encouraging the community to submit their feedback on the draft recommendation to the State and make our concerns heard. Noosa is eager to contribute to the solution but it must be a collaborative effort, not a combative one. State government must consider alternative solutions before overriding local government decisions, or again, more importantly, before for limiting, limiting meat. meaningful community participation. I'm happy to support the Mayoral minute. Frank Wilkie 10:59.073
Thank you, Councillor Wilkie. Councillor Wegener. Tom Wegener 11:03.073
Yeah, thank you, thank you Mayor Wilkie for bringing this up and making this Mayoral minute. It just appears as though this new, this new act deletes Noosa residents. right to self-determination when it comes to enacting their own planning scheme. It's really quite ridiculous. So Thank you, councillors, for speaking up. Thank you. Frank Wilkie 11:25.067
Have any councillors wish to speak to the motion? Kim Rawlings 11:30.827
Thank you, Mr. Mayor, for bringing that to our attention this evening on behalf of all councillors and our community. I support this motion. I'd like to just say, firstly, that knowledge sharing is an absolute prerequisite for the success of any collaborative effort, and over many years, we have worked collectively with our community, with our staff, with our local strategic planners, and it is critical. is critical that our community's voice is heard, and together that we strengthen communities. Our identity and the values that we live by and stand on have been paramount in the identity of Noosa for many years, and I support this motion. Mayoral minute tonight by the Mayor. Thank you. Frank Wilkie 12:16.748
Thank you. Any other discussion on the Mayoral Thank you, councillors, for your support. I'd just like to stipulate that it does reflect our collective position on this, so that's the reason why it was brought forward. Tom Wegener 12:33.170
Thank you. I'll put it to the vote. Those in favour? Frank Wilkie 12:36.350
That's unanimous. Are there any petitions, Mr. CEO? No. We have one notified motion. Councillor Lorentson, would you like to move your motion? Okay. Amelia Lorentson 12:54.320
Council request this Chief Executive Officer to prepare a report for the upcoming Council meeting addressing the following issues. clear policy decision. The report should clearly outline council's policy position on the use of sharp nets and drumlines, including any ongoing and future trials. Two, advocacy to state. Advocacies support to the State. Council recognises the importance of advocating for and supporting matters that are significant to our community. The CEO is requested to identify and articulate these matters in may include but it is not limited to the following: Continued advances in reporting. In its role as an advocate, Council supports the importance of transparent reporting from the State government regarding the Government regarding the effectiveness of shark nets and drumlines noting that the annual catch data is provided on the State Government website. It urges the consideration of further improvements to data reporting. which side of the nets marine species are caught on to evaluate the shark control programs efficiency and therefore minimising impacts on non-target species and GIS mapping with interactive maps to improve clarity and provide a more comprehensive understanding of the data. Two, investigation of temporary net relocation during specific periods. Council requests that the State government to provide advice and explore the feasibility of temporary temporarily relocating shark nets at Laguna Bay to a location that mitigates the risk of bycatch and /or whale It's noted that DAF's marine animal release teams had just completed their annual training and whale alarms will be going on the nets during the next changeover. Three, continuous evaluation and technological advancements. Council advocates or the State government should continually evaluate the latest technological advancements in shark protection devices. The report should outline other possible recommendations new technologies for consideration by the State government, such as the Shark Safe Barriers model of electronic current deterrence developed in South Africa in terms of cost effectiveness and success rate. Noosa rate. Noosa Council also extends an invitation to DAF to present their findings on the Shark Control Program. The presentation could be a valuable addition to the Council report providing comprehensive insights into the effectiveness and impact of the program. DAF expertise and first-hand experience with the Shark Control Program would also offer a unique perspective potentially highlighting areas of success and identifying opportunities for improvement. This collaboration could also help build stronger relationships between Noosa Council and DAF paving the way for future partnerships on environmental and wildlife management initiatives. I'll stick to what's on the screen. The DAF's expertise and first-hand experience with the Shark Control. would offer a unique perspective, potentially highlighting areas of success and identifying opportunities for improvement for consideration by the councillors. Noosa Council is not responsible for managing shark nets and drum lines as it's a state government's responsibility. In September 2019 the Department of Agriculture and Fisheries published the Queensland Shark Control Program: Review of Alternative Approaches, which provides extensive data on current shark protection devices, their bycatch and potential future approaches. The Queensland Shark Control Program aims to reduce the risk of shark bites by using shark nets and drumlines across Queensland beaches. The program also conducts trials of new technology, records all the animals captured, and supports and conducts research to understand shark behaviour. Noosa Council has no policy regarding shark nets, drumlines drumlines and trials and no previous report on this matter has ever been presented to the council. It's essential that we establish a clear policy position on the issue as public opinion varies regarding... use of shark nets and drumlines. Some people prioritise human safety while others advocate for marine conservation. A clear policy can help balance these perspectives and manage community expectations. Noosa Council can play a significant role in advocating and supporting the Queensland Shark Control Program by establishing a policy position. This way, Council can raise awareness about Noosa Council can also advocate for its clear objectives to the State and actively engage in state-led trials and initiatives to drive the assessment and adoption of evidence-based, predatory species mitigation controls. And more importantly, advocate to ensure that the program meets the needs and expectations of our community. Also, the State shark control program is expected to bring forward recommendations in June or July this year. recommendations may include replacing the drumlines, lethal drumlines, with shark drumlines and phasing out shark mitigation programs. Having a policy position would allow Noosa Council to respond effectively to these recommendations. Previous responses from the State government have indicated that support of key stakeholders such as Noosa Council is vital in determining where the trials and transitions can occur. Given these these factors it would be beneficial for Noosa Council to have a clear policy position on shark nets and drumlines. This would allow them to effectively engage with the community, respond to state recommendations and contribute to the ongoing discussion about shark control measures. It's important to note that any policy should be based expect Policy should be based on scientific evidence, community input and a commitment to both public safety and environmental sustainability. In my motion, and I won't read it out, but I also reference how the motions aligned with our environment strategy and the good work of the Noosa Biosphere Reserve Foundation in implementing several of these positive shark control measures. And I also summarise the shark control programs and their great work in this So the program's been, began in 2020 and is anticipated to be concluded in 2025 with a review coming up in June. And that, the recommendations that, the recommendations will inform future shark management decisions from Queensland, including a new plan that's proposed for 2025 and 2026. So I'll leave that reading to you. There's some great graphs and maps. references. But I will add that in preparing this report, I've consulted with a lot a lot of community groups, ocean users and non-ocean users, environmentalists to business groups, and I think when we work together, we come out, we end up with really great outcomes, and the feedback that I've got from the SHARC the Oceans For All group, Surf Rider, Noosa Surfing Community Alliance, Noosa Head Surf Life Saving Club, Noosa Biosphere Reserve, the Noosa World Surfing Reserve, Noosa Board Riders Club, the Noosa Malibu Club, Hastings Street Association. Tourism Noosa Beach Permit Holders and Surf Schools that everyone is in agreeance that we need to have a clear policy position and also understand the role roles in response and responsibilities of council and state and where we can drive assessment and that is in actively looking for alternative mitigation. the next six decades, surely there's got to be something better and more effective for protection of beachgoers and also to minimise harm for marine species. Thank you, Councillor Lorentson. Frank Wilkie 22:27.530
I'd like to move an amendment, slide amendment, under item 1, be amended to read role and policy position in the report should clearly outline the council's role and recommend the policy position on the State government's shark control program and the use of shark nets and gun lines, including any future trials. And in the last paragraph it would read: It be agreed that advocacy to the State on any aspect of the shark control program or resolution on a council position on shark nets not occur until Noosa councillors have had a presentation from the Department of Agriculture and Fisheries on the shark control New councillors have had a presentation from DAF on the latest technologies, which I think was entirely consistent with what Councillor Wilson intended with this motion and I commend her on her notified motion. Any other councillors wish to speak to the proposed amendments? I'll put it to the vote. Those in favour? That's unanimous. We can now go back to the original motion which has been slightly amended. Councillor Lorentson has spoken. Any other councillors wish to speak to the motion? Jessica Phillips 24:38.540
Thank you. I only have one little, I thought of lots of words for this, but I only have one. And to quote my six-year-old, after a presentation from Duff, "Mum, can you please down the shark nets? Because our young people, you know, she was so concerned about all the things that we know and the research that's out there. So I'm really, thank you, Councillor Lorentson, for bringing this to Council and I look forward to seeing what happens next. Frank Wilkie 25:02.731
Thank you, Councillor. Tom Wegener 25:09.851
In a much a much shorter couple of sentences explain what you really want with this. Amelia Lorentson 25:18.409
So what I really want, Tom, is basically an acknowledgement that Noosa Council can play a significant role in helping state really sort out alternative mitigation measures. So I'll give you an example. So two years ago, Noosa Council did not have a policy position. The drone surveillance trial was offered to all councils and not Noosa Council. SLSQ had to, I think, approach our ex-CEO to ask permission. We almost missed out on a huge opportunity to partake in drone surveillance. And the drone surveillance, it's still, it's still happening at Noosa Main Beach. And it's a really critical part, you know, part the solution. So what I would like is Noosa Council to be actively putting their hand up for trials so that we can run concurrent trials alongside our needs. So not removal removal of nets but concurrent alongside our nets but my position is there's just got to be something better but until we find something better that is scientifically proven that provides better protection than what we have then the nets have to stay and that's not our remit so so I think I've gone over the two sentences it's understanding this is a state decision that council can play a huge role in in the space of advocacy and and work with state. Tom Wegener 27:13.953
In my experience we had the clear surf smart program that what came out of the Noosa Lions Free Reserve Foundation had the um the shark net symposium the sharp symposium and all sorts of people coming out of that came several programs including the um the surf smart program which was which is fantastic I really really appreciate that it's it's the program where you teach where you teach people very actively to look at the ocean to see what's happening in there before you jump in are there birds diving is the water brown is that what are the currents doing it actually opens up beyond looking for sharks sharks, but looking for the conditions that could put you at risk, including at risk of, you know, the shark. So it, and with that, I was, being on the board of the Noosa Biosphere Reserve Foundation, we were very active in that, and the State a state program where we went back and forth. So I did, my question is, aren't we already in this space? Do we need, do we need to ask the CEO to bring a report back when we already are in this space? Is that... We'll take that as, we'll take that as a switch. Frank Wilkie 28:25.333
Tom, that'll... Okay. No, we've had another question. Okay. Yeah. So any other councillors wish to speak to the motion? So any other Yeah. Councillor Finzel, question? Yes please. Thank you Councillor Lorentson for bringing that to the table tonight. It is really important as we look at advancements in technology and doing things better and collaborating for better outcomes for all people in the sector including our community. I just have a question regards to, in your research, putting this together, did you identify any other coastal tourism towns along the east coast of Australia or around the whole of Australia that are implementing similar trials and what success has that been and what uptake in their communities are people wanting Amelia Lorentson 29:18.176
I think that question is probably left for the Department of Fisheries, Agriculture and Fisheries so the Shark Control Program program, follow the program that looked at trials across Australia and it actually looked at eco barriers to drone surveillance, to electronic barriers, to SMART drumlines. So part of the presentation with the Department of Agriculture and Fisheries will be a summation of what has been trialled, what is effective and what's not effective. Frank Wilkie 29:50.962
Thank you. Councillor Finzel: Councils wish to speak to the motion? Tom Wegener 29:55.402
Councillor Finzel: I'll close. Councillor Finzel: I guess I'm still just confused. Councillor Finzel: Another question. Councillor Finzel: Yes. To the CEO, if this gets voted in, will this put extra work on you and staff to pull yourself off of the very, very busy schedule we have in front of us? Obviously, we're going to be voting on our schedule of community consultation. It appears this is a community this this is a community consultation issue. Frank Wilkie 30:33.151
Long question. Mr. CEO, you want to venture an answer? Larry Sengstock 30:38.831
Yes. The intention is not to do the consultation. The intention is to come back with a report based on what's happening now and what are the facts so that it can be considered by the... we have done quite a bit of work already on this topic. But it's time to... If this notice of motion gets accepted, then it's time to bring some information back for you to consider and then we take the next steps in terms of if that's enough information or whether there's further things. But I think a report or a presentation from or a presentation from DAP would be a big piece of that, just to understand exactly what is happening out there. I think that's really the case, is to further understand. If we're being asked what is our position, this would really help you. you to provide information and background so that we can at least individually, if not all together, understand the current situation. Tom Wegener 31:35.746
Would we have to go up to public consultation with a policy? Larry Sengstock 31:41.489
That's not the intention at this point in time, no. The intention is just to bring a report back, basically, understanding what the current situation is. Tom Wegener 31:51.489
Okay, so the question is to bring back a report. That's the notice, that's what this notice is, that's what we're asking for? That's right. Okay, but we're not asking for the final policy. That's a ways down the track. SPEAKER_05 32:04.249
That's for you to decide. I'll have a bite at it, just so I can say that. I think, Councillor Wegener, what this does is seek to get staff to pull together a briefing, which we understand is underway, get a current state of play from the State, and then state and then determine based on that whether this council wants to have a position that it advises the State government of. It's purely a preparatory phase of saying, giving the opportunity for councillors to say, well, this is a matter of public interest and this council believes this is a way ahead. Frank Wilkie 32:48.754
Yes, a question to the CEO through the Chair. Just to clarify. When we get the presentation from DAF, would that also be to the staff, Noosa Council staff, as well as councillors, or is it just to the councillors? Larry Sengstock 33:05.703
We already have quite a good relationship with that, so our staff are getting reports on a regular basis, so that immediately would provide most of the report anyway, a great deal of the report. But I think having the opportunity for the councillors, and there will be certain staff members involved in that as well, but having that opportunity to have that question and answer period and get it from Noosa now, so to speak, from DAF, then that would provide that opportunity to perhaps get the details which you'd like, given that it is, again, I must reiterate, this is a state issue. It's a state matter. Frank Wilkie 33:46.477
I understand, as said before, the staff have already prepared a report on this. This motion here will help better help better inform the final version of the report. We've got a presentation from DAF. This... What we're asking for here is the start of the process for us to have an internal conversation about where we might want to land. Some councillors may want to take the shark beds may want to take the shark nets out immediately. Oh, my six-year-old does. There are six-year-olds in the community who want to take the shark nets out immediately. Other councillors may have different views, so it's the start of the process. This motion ensures that it will be well informed, and I can't predict where it will end up, but I think it's timely that we have this discussion and arrive at and arrive at a policy position if we can. Amelia Lorentson 34:37.437
Thank you, Councillor Wegener. I'll close, and I'll address a couple of things that Councillor Wegener said. Firstly, I have had quite a few conversations with board members from the recent by We've actually commended me on bringing this report to Council. Sandy Bolton, our Member of Parliament for nearly two years, has been pressing Council for a clear policy position on this. efforts in advocacy are ineffective unless she understands where this community sits on this issue. So for those reasons, and also I've been sitting in this space for two years, I was part of the symposium program. In reference to workload, the environment staff have already started preparing a briefing note. And in my report, I actually referenced the Noosa environment strategy. We have an in principle policy position already in play in our environment strategy. There is nothing controversial about that. What we need is to be clear. We've been ducking the issue for two years since I've been asking for it. Two years, my gosh, it's a state issue, too controversial, let's just stay away from this. No, we need to lead the narrative. We need to be bold and courageous. And we need to drive state. We need to drive them and push them in finding better solutions. You know, our beach goer population, I patrol at Noosa Main Beach, beach Beach goer population has grown exponentially. So whether you care about marine life or not, safety of beach goers. If there is something better than a net that doesn't reach the bottom of the ocean, that doesn't run across the entire beach, there's something better there that's going to protect a swimmer or a mum or dad That there are better alternatives. Research suggests nets may be affected, and some scientists believe that relying solely on them is a misguided approach. Therefore, it's crucial that we, or State, explore other options that are based on current and most recent technology and data. A clear policy position will allow Council to work with and drive the State Government towards implementing innovative solutions that balance public safety with the protection of marine ecosystems. Furthermore, it will enable Council to respond effectively to the recommendations of the Shark Control Program that are are expected to be published in a few months. Thank you, Councillor Wilson. Put it to the light. That's in favour. That is unanimous. That's carried. We have no presentations. We have one deputation from Deborah Walsh. Ms Walz, would you like to come to the podium to present your deputation? Thank you, Frank. Debra Walz 38:13.780
Congratulations first on your successful election and re-election. On behalf of the community, I wish you all the best as you work to serve the Noosa Noosa community and make positive changes for the future. You all worked exceptionally hard to impress us enough to put that number one next to your name. There is a community assumption now that be responsible and respectful to those of us who have elected you. As you know local councils are very relevant so it is vital that councillors take their work very seriously in their roles with the community and towards each other. I know councils enter local councils with the best intent, well at well at least the majority do. There are 77 councils in Queensland who are elected to offer their time, energy, dedication, passion and belief in local council to their local communities. Being a publicly elected person brings a host of complexity to a councillor's Whilst there are many benefits it is often a thankless job and you cannot make everyone happy. As a councillor there will always be someone who doesn't agree with you. Kim Rawlings 39:33.715
Someone will be willing to tell you that you're wrong and sometimes who people will express their displeasure with you. This is part and parcel of public life and if you're a councillor you signed up for it. So in the past we have seen a rise in frustrated members of the public feeling unheard stifled, ignored or dismissed when they have engaged with council and councillors. Usually it is the bureaucracy of council that the public struggles with. Angst comes from being managed and not heard. We've seen much of the community consultations as a tick box exercise that proved council never intended to listen in the first place. I'd like to speak on community engagement, primarily because it has been emphasised by all of you as being a necessary element of being a member Every one of the elected councillors identified community consultation and engagement as being an essential component of a By definition, community engagement is a process. It involves people working together to address issues and make positive changes in their shared environment. It involves involves building relationships, fostering dialogue and collaborating to create sustainable solutions that benefit the community as a whole. I'm probably preaching to the converted here because I'm sure we are all on or at least I hope so. The question in the community is will our new council find the desire to implement what they promised in their campaign policies. We have on your promises and policies. Now is the time to put desire into action and make change from what has been the status quo. Pushing through past comfort patterns toward increased open public exchange and accountability in relation to community engagement. This is will be watching for. what residents Is it time to review Council's current community engagement policy? While there are numerous ways to enter into community engagement, including volunteerism, advocacy, public participation in decision making and community organising, Noosa Council advertise the four main ways of engaging and these apply particularly to council meetings. Petitioning council, number one. So this relates to 10 or more people who primarily lobby the council regarding a particular issue. We've had a few of these over the years and some change in policy, albeit they do take a big commitment by many people in the community to organise and coordinate, so it's not an easy process. Number two, deputations. I've presented a few of these in relation to timeframe, follow-up and acknowledgement by council. find fault. Once again, not an easy process considering the amount of research that goes into a deputation and the often lack of follow-through by council. Presentation is basically an acceptance of a gift or an award by council. This could not really be considered an engagement process. Number four, public question time. A way to raise genuine questions about a matter within the jurisdiction of council. Residents are limited to two questions which are responded to by... council staff, with no immediate opportunity for any type of dialogue. This format of engagement provides an opportunity to connect with council staff after meetings, which has been my experience, although sometimes with... unsatisfactory outcomes. None of these engagement processes allows... community members to speak directly to elected council members with the... opportunity for ongoing communication and issue discussion. The standing orders for council meetings, 19th November 2020 version, which I have observed over the past years, it's not always been adhered to, and wondering if the time has come for a review of this document. While considering reviews, perhaps the 2018 Noosa Council Social Justice Charter could be included. This document document was originally developed in collaboration with members of the Community Roundtable. It would be useful to know if this Community Roundtable group still exists. Amongst other things, this Charter's purpose is to guide Council's direction in forming partnerships with community. Credit to the Community Connect e Community Connect e-news and Your Say Noosa for providing electronic online access to Council for community members to comment and have a say. The Noosa 2015 Social Strategy is another guiding Although an ageing strategy, it still maintains relevancy by outlining Council's role which is to work in partnership with residents and local organisations in the best interests of the community. and how the community can assist Council by keeping Council informed about the needs and aspirations of residents. I'm sure the new Councillors have researched these documents, particularly prior to and leading into the elections which may have contributed to community engagement being a recurring theme discussed by all candidates during this period. This takes me this takes me to the council's overriding community engagement document Council Community Engagement Policy August 2014 updated version 2023. I won't recite the whole or the entire document here but I would like to focus on what council has identified as benefits of effective engagement. Council and the community working together to address local issues and collectively achieving better outcomes. A higher level of community input into decisions made by council, an improved level of community understanding about councils processes and services, increased awareness across council of community views and concerns, opportunities for council to draw upon community expertise, the potential for time and cost savings due to better alignment between community needs and council decisions, increased social capital due to a greater trust and knowledge acquired while working collaboratively with the community, and lastly, stronger relationships between councillors, council offices and residents, including stakeholder groups. You can see has many documents that support community engagement, and there's more. However, this area got little mention in the 2022-23 annual report. In fact, it was very light on in relation to community engagement. In the report, there is a commitment by council to keep the community to be informed of its projects, plans, initiatives. and activities across the Shire. That's not exactly engagement. Council also recognises community engagement is a vital part of effective democracy and good governance. The Community Engagement Policy Council adopted in March 2023 outlines the principles of engagement as being inclusive, transparent, appropriate, accountable, timely, well-resourced, informative and understanding our changing community. The Your Say portal seems to have had the greatest success in identifying 20,000 visitors to that site, but resulting in only 1,800 people participating and providing input into 86 council projects. The Local Government The Local Government Act 2009, current as at 1st of February 2024, outlines in Chapter 2 local government principles that underpin this Act. The local government principles are: transparent and effective processes, and decision making in the public interest, and sustainable development and management of assets and infrastructure, and delivery of and delivery of effective services. Democratic representation, social inclusion, and meaningful community engagement, and good governance of and by local government, and ethical and legal behaviour of councillors, local government, employees, and councillor advisors. You'll recall I You'll recall I was involved in organising a couple of pre-election community meetings which some of you attended. These were well attended and feedback was that they were equally successful in terms of engagement and community issue identification. You'll agree I'm sure that community meetings to discuss local issues can be a valuable way to engage residents and ensure their concerns are heard and addressed. There is a substantial amount of work involved in facilitating such a meeting including consideration of planning, preparation, ensuring accountability, measurable outcomes. outcomes, cultural awareness and protocols. But it's well worth the effort because to acknowledge, address and resolve community issues to create a more inclusive, responsive and sustainable community where residents can where residents' concerns are heard and acted upon is something we would all agree is what we want to achieve. Council's policies obviously support this goal. Along with many issues and concerns community members expressed leading up to the election and during the campaigning and polling days, it was identified our community has goal to be acknowledged and have their sense of ownership and well-being respected. It is therefore up to all of us to facilitate this to happen. Being an open and transparent council I ask you, should we have community forums? It's obvious council meetings do not provide the opportunity to community to ask questions or comment generally and residents in general are reluctant for whatever reason to pursue councillors with specific issues. Regular community forums may provide a conduit for ratepayers to raise concerns. Let me reassure you have a willing hopeful and engaging community out there with expectations that you can deliver what they need. How do you find out what it is they need? Thank you for taking the time to listen to me and I have every faith in you and trust that the next four years will be productive and enjoyable for you all. Frank Wilkie 51:30.177
Thank you. As we have a number of reports direct to the ordinary meeting tonight, including a confidential item for which we have to close the gathering, I would like to bring forward item 11, which is public question time. we have to close the meeting and reopen the meeting to have the public question time. We have two submissions to public question time. Item 11.1 is Andrew McCarthy. Mr McCarthy is not here tonight, so if I could tonight, so if I could ask our Director of Strategy and Environment, Kim Rawlings, to read his questions. Provide a response, please. Thank you. Kim Rawlings 52:09.471
Good evening, Mayor and Councillors. Question one is, with only two months to go, Mr Sengstock, what actions have been undertaken and /or what plans have the Council put in place to conduct a full community and stakeholder consultation on the draft Noosa River Catchment Management Plan so that Council can report back in July 2024 with a final and fully costed plan in line with the October 2023 procedural motion? In terms of a response, the Council election and caretaker period occurs over a number of months. As previously advised, we have been in a process of providing information and induction for our new Council on many, many Council projects, services and initiatives. I'm sure Councillors can attest to that. The River Plan being just one of these. In this context, Council is currently receiving information and considering how best to move forward on the River Plan. The second question is the inclusion of to consider a conservation park in the draft catchment plan created a substantial public backlash. Has the Council contacted the relevant state authorities to see if they would approve a conservation park? approve a conservation park over the Noosa River before splitting the community by adding it in again? If not, why not? In terms of a response, yes, Council has been in contact with the Department of Environment and Science. Quite rightly, the Department of Environment and Science have not indicated support or not support, nor has Council asked them to indicate support or otherwise, as investigation required to be undertaken before any indication on support or otherwise could occur. The Department of Environment and Science have been clear on the process required for establishment of a conservation park anywhere, which would include undertaking a detailed as there is a detailed feasibility study including an assessment of current natural, cultural and socio-economic values of the river, engaging with First Nations people and undertaking public consultation prior to making any formal request to the Minister. Further steps would then still need to be required including development of a draft management agreement with the State Government. Frank Wilkie 54:22.900
Thank you, Kim. We welcome back Deb Walz. Ms Walz, we come up to the lectern to read your questions, which will be responded to by Director for Development and Regulation, Richard MacGillivray. Debra Walz 54:37.660
Thank you, Frank Wilkie 54:38.180
Ms Walz and Richard. Debra Walz 54:43.464
Just for the benefit of the new councillors, this question relates to a public question to council on the 5th of December last year which had not been fully responded to. So council committed to follow up on that. So the question is can council provide an update regarding progress with Seqwater in relation to removing fluoride from Noosa Shire's drinking water including a cost analysis and estimate timeframe on the impact of council's budget over the period of time to transition to fluoride free water. Richard MacGillivray 55:25.631
Thank you Debra. It's important to It's important to highlight that Noosa Council does not manage the treatment and distribution of potable water in Noosa. The treatment is undertaken by Seqwater and distributed by Unitywater. As the operators of the fluoride dosing process, it is appropriate for Seqwater to provide advice on these matters. The questions received from Ms Walz on the 5th Walsh on the 5th of December 2023 was forwarded on to Seqwater for advice on the 7th of December 2023. I can advise that a response was finally received from Seqwater in April of this year. In their response, Seqwater confirmed that the fluoridation of water supply is a public health measure administered by the Queensland Government. Seqwater monitors the fluoride concentrations in drinking water continuously and reports on the results to Queensland Health Regulatory. Their response also states that to date no council that SEQ supplies in southeast Queensland has requested to cease fluoridation of potable water. Therefore, an economic cost analysis and works management timeframe is not available. As such, analysis would need to consider a range of factors given the Noosa water supply zone is connected to the broader Seqwater grid. Noosa was connected to the grid in 2020-2012 to bolster water security for the region, particularly in times of drought. Notwithstanding that no specific economic cost analysis has been provided by Seqwater, provided by Seqwater. Given the Noosa water supply is connected and receives water from the broader SEQ Water Grid, it is clear that the process would be complex and the cost to ratepayers to remove fluoride from the potable water supply would likely be significant. The matters raised in the petition received by Council is currently being reviewed and a responsible... Debra Walz 57:20.351
The second question is in relation to the say no to fluoride petition accepted and tabled at... the ordinary meeting in December last year. The question is what is the molecular form of the fluoride compound that is used in the Noosa Shires water including the origin of the compound and is Richard MacGillivray 57:52.959
Great question. The chemical process and materials employed in the fluoridation of water across SEQ are significantly outside the scope of Council's remit and therefore it's advised that this inquiry can be best addressed directly with the water supply, Seqwater. What I would like What I would like to do, I'm happy to reach out directly to seek your contact from Seqwater to assist you with this inquiry and any other similar inquiries you might have of a similar nature just to assist with getting some responses to your very technical questions. So thank you for that. Debra Walz 58:25.906
You. Thank you Richard. Frank Wilkie 58:27.646
Thank you Debra, thank you Richard. That brings us to item 8, consideration of committee reports. So that is items 5.1 these are committee recommendations: application for a minor change to a development approval for a food and drink outlet, shops and offices at 214 David Low Way, Peregian Beach. 5.2: other change to an existing approval for material change of use, expansion of special purpose waste disposal and recycling facility and ongoing clearing purposes at 561 Eumundi Noosa Road, Doonan. application for a moment of change to a development approval for a material change of use of premises undefined use of motorcycles, scooter sales and repair of 16 Rene St, Noosaville. Item 5.4: which is another MCU. Representations to development approval. Material change of use, hardware and trade supplies at 178 Eumundi Noosa Road, Noosaville and for those in the gallery, these were reports that went to the Planning and Environment Committee and their recommendations were accepted so they've come directly here. Can I have mover and a seconder for the recommendations to be adopted? That's a move from Councillor Wegener, seconded by Councillor Lorentson. Anyone wish to speak to the, all in favour? Carried unanimously. Item 8.2 is the Services and Organisation Committee Report. There was one item referred from there which is the Capital program 2023-24 delivery status. Can I have a mover and a seconder for the recommendations to be adopted please? Can I have a mover and a- Happy to be moved. Moved by Councillor Finzel, seconded by Councillor Jessica Phillips. That is carried unanimously. Can I be quick off the mark? General Committee Report, General Committee Recommendations, 6.1 Operational Plan 2023-24, third quarter quarterly reporting, 6.2 financial performance report for the month of April, 6.3 planning applications decided by delegated authority January, February, March and April 2024. Do we have any COIs for this case? Thank you. Councillor Finzel. Kim Rawlings 01:00:38.807
I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in the matter. relation to applications MCU21/0228.01 and OPW21/0364.014, combined with MCU21/0228 by Elton Property Group which are items 7 and 22 in a delegated authority report. Lena Creedy, who is associated with the applicant to the best of my knowledge, was involved knowledge, was involved in a volunteer capacity for my 2020 election campaign with Richard 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. Amelia Lorentson 01:01:30.737
Thank you. 5302 By MC Bain which is item 3 in the delegated authority report. Due to my personal relationship with the applicant Mark Bain and the Bain family who are family friends. We've attended social events together and our children have attended school together. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Thank you Frank Wilkie 01:02:03.821
Councillor Lorentson. Brian Stockwell 01:02:05.581
I'm going to I'm going to repeat the undeclaration that I did at the General Committee meeting so it's on the ordinary meeting minutes and that is that during the last term I declared a conflict of interest relating to Lee McCready and the Altam Property Group relating to events in the lead up to the 2020 election. As this issue was prior to the relevant term and as I am advised Lee McCready no longer longer has an interest in the company. It is not my intent to continue to make this declaration. Frank Wilkie 01:02:35.848
Thank you Councillor Stockwell. Can we have a move or a second for the committee recommendation? Brian Stockwell 01:02:42.208
Happy to move. Second. Frank Wilkie 01:02:46.148
Seconded by Councillor Wegener. All in favour? That's carried. Can we have Councillors Finzel and Lorentson back in the meeting room please. 7.1 Confidential, not for public release, endorsement of proposed amendments to the Noosa Plan 2020 for the purpose of public gratification community consultation. 7.2 at the General Committee was another confidential item, disposal of land for community housing. 7.3 was another confidential item which provision of streets with services. Can I have a move and a second for the recommendations for the General Committee. So moved. Moved by Councillor Stockwell. Seconded by Councillor Nicola Wilson. All in favour? Carried unanimously. We have three reports direct to the ordinary meeting. 9.1 is the proposed meeting scheduled July to December 2024.24, the CEO can give us a summary of this report please. Certainly, thank you. Larry Sengstock 01:04:00.878
At our first meeting we were obliged to adopt a meeting schedule which we did for the first three months based on our current or existing schedule of meetings. So our S &O P &E general meeting and then our ordinary meeting. We did that with the intention of that with the intention of having further discussions around the idea of potentially looking at alternative ways to hold our meeting schedule and see if there was alternatives that may be more efficient for us and conducive to what we need to do. We've had a couple meetings around that and we're still in a position where we feel that we just need to continue with the current schedule for a little bit longer and during that period assess and see whether it's still the right model we've had a couple meetings right model to go with, or whether there's a different model or an adapted model that might be more suitable. There is no decision on that, so what this paper does, we're following those discussions, what this paper does is bring a position back to council, basically to say that we're going to continue with our existing form and format for the next six months, so through to the end of the current calendar year, so we have our...normal schedule. The only change that we are looking to do is to hold our regular meetings, our regular ordinary meetings that we have in here, instead of it being 5 o 'clock, we're proposing to hold them at 10 o 'clock. During the day, which would be more supported through our staff, because we have staff who like to stay late in the evenings, and because it's now recorded, we feel that if people want to be involved and watch the meeting, they can watch it online, or it's recorded and they can watch it at another time, so we feel that 10 o 'clock in the morning is more efficient for us as an organisation, so I'm putting that to... Frank Wilkie 01:06:10.368
Motion Councillor Lorentson have a seconder please councillor Nicola Wilson. Councillor Lorentson would you speak to the motion? No, happy to support the motion. Any other councillors wish to speak? If the motion goes in favour? That's carried unanimously. Thank you. Make 9.2 overview of community engagement program for 2024. CEO can you give summary of the report please? Larry Sengstock 01:06:37.267
So I think we're going to have Caroline. Oh Caroline. Caroline you going to speak to this? So Caroline is our responsible officer for our community consultation and engagement and we thought it was an opportunity to bring to you and to get an understanding and we've had various meetings about this but to consolidate it and bring it to you to show the the activities that we've undertaken over the last little while but also the activities that we've got coming forward and it's pretty obvious that we've got a lot on our plate we've got a lot of a lot of decisions that need to be taken in the next while so the consultation is a huge part of that. Carolyn if I can ask you to give it someone. Thank you. you. Caroline 01:07:35.994
Through the chair. So Noosa Council continues to design, plan and deliver an extensive range of community and stakeholder engagement across the Noosa Shire. This includes several major strategic projects that have benefited from community input and insights to inform decision-making together with ongoing targeted engagement and communications projects. So last term, Council engaged the community on a range of key strategic projects including, but not limited to, the waste strategy, 23 to 28, the corporate plan, the housing strategy, the liveability survey. Eastern Beaches Foreshore Reserve Management Plan, Destination Management Plan Phase 1, Noosa Drive Pathways Concept Designs, Noosaville Foreshore Infrastructure Master Plan and Concept for Resilience Phase 1, and the Noosa Gallery Future Needs and Options. This term of Council continues to finalise a significant schedule of engagement for 2024, including but not limited to the Destination Management Plan Phase 2, Amendment Number 2 to the Noosa Plan 2020, Noosaville Foreshore Infrastructure Master Plan and Concept Designs for Resilience Phase 2. a Council decision on the next steps to take regarding Noosa River Catchment Management Plan. Due to the extensive program of ongoing community engagement and stakeholder communications across the organisation, it's important that Council strategic strategically conducts community engagement and communications in line with Council's community engagement framework and policy. This will ensure that the community is engaged on matters where community interest, impact and influence will meaningfully inform Council decisions. In matters where community interest, impact and influence are limited, Council will focus on communications approaches to keep stakeholders and the community informed by clearly identifying the level of influence the community will have on a decision and communicating this accordingly, Council may accordingly, Council may minimise engagement fatigue within the community. Council also continues to leverage valuable engagement data captured across key strategic projects to inform Council's ongoing operational priorities. For example, the quality and extent information gathered from community engagement in phase one of the destination management plan continues to inform internal engagement and strategic directions such as partner management, event management and infrastructure planning considerations. On major projects council continues to support approaches to engagement that provide at least one or two opportunities for the community to engage. Where feasible council also supports co-development opportunities with the local community for example the Pomona placemaking pilot project. In line with engagement framework, council will endeavour to close the loop with the community, sharing what was heard from the community and how this has informed council decision making. Frank Wilkie 01:11:04.399
I do. So, Carolyn, thanks for the report. I think it's really important to put the breadth of both what we've done over the last term and what we plan to do in We have actually got a very engaged community and it's you know very clear that when we open up to the community that we get high quality feedback and the feedback is fairly consistent on every major theme now it was we just heard a suggestion that we don't majority of its ticked the box and we didn't intend to listen it's something that I vehemently disagree with we would never We would never get the level of response we've had in the last term if that was the case, so if you look at some of the livability survey which was a really key input into our budgeting process and our priorities. On that project alone there was 1655 survey responses which were statistically relevant in each local area that we broke it up onto and we that project alone there was 1655 survey responses which were statistically relevant in each local area that we broke it up onto and we saw in the report that listed some other ones like the Eastern Beaches foreshore reserve management plan. Over 800 people were engaged in that process and it resulted in 204 surveys and 93 submissions. Our heritage review where the heritage staff went out in six different locations and had councils in those locations engaged 200 people face-to-face and result in 1,200 nominations of heritage. We have the have the indoor sport and recreation facilities which had 490 people respond in terms of survey and the waste planning plan over two phases which is quite common for the big strategies. You go out and you do the draft and you get that feedback. that feedback and revise the draft. 828 for the destination management plan we talked about. We had 300 people attend face-to-face gatherings and that resulted in 780 surveys and 60 submissions. We had We had the Noosa infrastructure master plan with 400 people attending the pop-ups and 333 surveys and Noosa Drive even specific ones like the Noosa Drive concept plan, 331 submissions. On top of that we had things like the Noosa climate change response plan, the Noosa regional gallery discussion plan, the tree management on public land council budget priorities and the Warratah Reserve. You know, for the Pomona placemaking, we're in phase one. In that small village or town, 500 people responded in the first and got engaged in the first phase. So contrary to what we heard, in just the ones that I found in a half an hour on Have Your Say, over 6,000 submissions and people involved. That's how That's how engaged our community. And I'm not saying we can't improve our consultation, there's not a place for open community forums. We're planning to have the first one, which we traditionally do when we go out to the community, but there was a obviously the pandemic did restrict that but the coffee cup consultation that we've done and that is important but they tend to tend to focus in on the operational issues and councils of role is around that strategic and the quality of the process of engaging over the last term when we had Carol who came in as our specialist in the area and the consultants we engaged that had quite innovative approaches in some cases in terms of not just getting people who like people who like filling out surveys, people who might want to express themselves more creatively. So to me, we are on a really good path with community consultation. The schedule in front of us is quite a demanding one on our staff, but perhaps the best thing in this the advice around setting up the ambassadors or a community of practice and building the capacity within our staff. It's something that I've been advocating for since 2016 because I've previously had a lot of community engagement expertise and experience and to me that is going to be the key for this organisation. It's going to It's going to be more effective if we have staff in the organisation, not just working in the area but perhaps providing facilitation support across the organisation so they have a broader understanding and I really commend that initiative to build the capacity to engage in a meaningful way because it is an important element of what we do and it does drive our priorities and our investment. You Councillor Stockwell. Any other speakers to the motion? I have a question. First I do want to acknowledge the great work that council does in this space and Councillor Stockwell Stockwell has just quoted some really great stats. That aside, we've just heard from a resident who has just asked whether there are better ways that council can collaborate with residents. To address local issues and matters that are important to them. Question to you, Caroline, have we ever actually gone out to community and residents and asked the question, do you feel heard? Do you feel heard? Caroline 01:16:32.856
Through the chair, thank you, Councillor Amelia, for your question. I've been with Council for a little over I think a year and a half now. I'm pretty sure the livability survey was one of those incidents where we might have gone out and asked people's broader view around how they feel around aspects livability. We tend to go out and ask when we're looking at operational strategic projects quite project specific to try and get people's views on matters where we can gather their feedback a meaningful way with a clear scope so we can tell them what kind of level of influence they have on a decision and then we can show them how their feedback can help to influence decision-making so we do we look look at quite specific project examples in the operational work that we do to get community input to help enhance Council's decision making capabilities and we continue to find ways to improve that and we'll continue to do so to Councillor Brian's point. There are other ways I understand Council is looking to engage more broadly with the community so we discussed and mentioned things like coffee chats in the community and other initiatives that are looking to have Council meetings in the community to give greater access to the community and for councillors to to talk to members of the community as well and understand how they feel about certain matters in their locality and their Shire. Frank Wilkie 01:18:04.795
I'm sorry to continue, but we're still active. Kim Rawlings 01:18:07.767
Thank you, through the Chair. Also our previous community satisfaction surveys do particularly ask questions around councils engagement with the community and communication with them. We haven't undertaken a community satisfaction survey for a couple of years, but the next one that we do will also include that. Frank Wilkie 01:18:31.156
Any further questions or anyone speaking to motion? SPEAKER_05 01:18:35.136
Councillor Amelia Lorentson 01:18:35.776
Lorentson. I have a question. Unlike previous years, there seems to be no community consultation scheduled in relation to the 2024-25 budget consultation. My question is will there be an opportunity for residents or business chambers to provide any feedback on our budget or draft budget? Larry Sengstock 01:19:02.461
The decision on going up and doing consultation is difficult this year. We're still working through what that will look like but the fact that we've had, because this is an election year, the budget has been development of the budget has to be squeezed into a much tighter timeframe so we're still working on that and as you know we're in budget session number two on Monday with council laws. We've done a whole lot of work so it's prepared. Now we need to work through it. It's a matter of how long It's a matter of how long that takes and then what opportunities we have, obviously knowing that we need to have the budget completed and agreed by the end of June. So it's something that we still have to work through and it's not a compulsory thing in legislation but it's something that we have done in the past and we'll look to do what we can in the time frame that we have. Thank you. Jessica Phillips 01:19:56.422
Thank you. I also want to acknowledge all of the... consultation and Councillor Stockwell listed how many has been done so then I hear potentially too much or not enough consultation so I guess my query is is it not effective consultation? consultation, so we talk about meaningful consultation and then I guess to put it bluntly, are we, is the community getting consulted but there's not the action that they're, we're not following through with it, I guess is my consultation. Larry Sengstock 01:20:38.283
The difficulty is consultation is such a broad thing and to get to the whole community or to get to the community and we do do, as we've said, we do general consultation across the community and try to gauge in various ways. strategically but then there are specific consultations when it comes to projects or programs so to do it all but you know some of the feedback is you're consulting too much or there's too much going on just just get on and do some do some of these things that you've already asked. So it's you know it's a balance it's a really difficult balance and again it's one of the most difficult things because of the as a local government we are so diverse in what we do so so many things are being consulted and so many things are being asked it's difficult It's difficult and I'm sure as community members being able to hear all of that and be part of all that consultation is not possible anyway, so how far? So we do what we can, we have a whole lot of regulators, you know, Caroline is an expert, she's a PhD expert in this area and we follow the guidelines, you know, the best practice guidelines and that's the best To be honest, we follow that and do what we can. And I think we do a great job, to be honest. Kim Rawlings 01:21:56.930
Thank you through the Chair. Yes, thank you everyone for your contribution tonight. a question for the CEO through the Chair. Given all the great expertise we have around the table, we've got facilitated training for community engagement and obviously robust processes. Through the Chair to the What is the process or what do we have in place when there's conflict that comes up quite substantially through the community when they feel that the engagement hasn't provided them with the outcomes that they were seeking? Larry Sengstock 01:22:39.563
That's a difficult question because, again, not everyone's going to agree with the position. And that's our job, is to consult, and then it comes to the table as elected members to make decisions. So, again, not always are you going to get absolute agreement with everything that we do, but we try to do and do the best for the majority of the community that's at stake in a particular instance. There are opportunities and there are avenues if community members, residents, are happy with a particular direction or a particular decision being taken and they're legislated and we're quite open, you know, let's come to council and come to our front desk and we can give you the opportunity or the methodology to provide your feedback or complain or whatever it may be. But, you know, in general it's, as we said, it's a very difficult thing. Not everyone's going to agree on everything and at times we need to take a stance and take a position based on the information and the best information we have. That's what consultation is all about, is getting that information, bringing it to the elected members and making decisions and moving forward and that's the best, that's the model that Thank you Carolyn for the report. Frank Wilkie 01:24:02.545
I can attest to the efficacy of Noosa Council's community engagement process. The Noosa planning scheme is a prime example of that. Everything you see around Noosa look and feel is based on the community's aspirations and captured in the Noosa planning scheme. scheme, that's their aspirations put into practice. Through the corporate planning scheme, planning process, there are pop-ups and forums across the Shire. I attended almost all of them. It was a very robust process where everyone was heard, all the feedback was noted. Also in the livability survey, they told us very clearly what things were important to them, and that's reflected in the corporate plan. When it comes to consultation, it's usually on strategies and policies, which means strategies help guide us to make decisions in the best long-term interest of the Shire, so that's certain things like short-term personal, private, short-term interests may not always be reflected in the outcomes. There will always be people who want things We regularly receive large quantities of emails and phone calls from very interested residents. We're always meeting with, having coffee with, talking to, taking phone calls from very interested Next month's ordinary meeting won't be in these chambers here, it will be out in Pomona at 5pm, but prior to that there will be consultation opportunities for planning scheme amendments. have been ratified tonight to go out for public consultation and also the feedback from the Pomona placemaking scheme. So you'll be able to see reflected back to you what you told us during that process. We want to make sure that we heard you correctly and we want to correctly and we want to make sure that we proceed on the things that are valuable to you and that we are correct in our assessment. And councillors will be there to also be engaged on any topic of interest Thank you for the report on community engagement. It is a hallmark of Noosa Council. We pride ourselves in community engagement. We can always do it better. We're always open to errors and to improving while we can. Thank you. SPEAKER_05 01:27:04.542
Thank you. Kim Rawlings 01:27:09.162
With regard to the table, the overview of the community engagement program 2024, and I'm going to direct this question to the Mayor if that's applicable. There's some items on there, the Noosa River catchment management plan and the destination management plan phase two with TBD council decisions. For the benefit of those listening at home in their lounge rooms or wherever they are this evening, can you give us a quick overview as to why that's left to a council decision? Frank Wilkie 01:27:40.204
Haven't decided yet when it's going to happen. My understanding is that councils need to have a workshop on what's included in the destination management plan phase two before we can set a date. And there's a heavy consultation schedule already there, so we have to think very carefully about if we want to have meaningful consultation, where are we going to find the time to schedule this? And did you ask about the Noosa River Catchment Management Plan as well? Look, there was a resolution made last year that required full and meaningful consultation on the Noosa River Catchment Management Plan. Again, the the new councillors are yet to be brought up to speed with that. This consultation on it was basically unplanned, unscheduled, and it's unbudgeted for. So we could have some serious discussions about that. But it may need to be a budget item about putting money aside to be able to conduct meaningful consultation on the Noosa River Catchment Management Plan. If that's the case, it's not likely to it's not likely to happen until after June 30. So there's a lot of variables about when the consultation for the Noosa River Catchment Management Plan is going to occur. As we heard in the answer to the question earlier, councillors have got to be brought up to speed. Especially the new councillors about where we're at with the Noosa relocation, what it is and why it's important. I hope that answers your question. Kim Rawlings 01:29:02.954
Thank you. Amelia Lorentson 01:29:05.334
Through the Chair, just clarification. The procedural motion in October 2023 requested a final and fully costed Noosa River catchment management plan. Following a review of the feedback by July 2024, you mentioned June 2023. I ask whether, sorry July not June, and can I just ask my understanding is there will be a report of some sort coming to the next meeting which will indicate? which will indicate what we're doing in that space is that correct through the CEO? Larry Sengstock 01:29:41.387
That's still up for discussion. So we've got a meeting tomorrow afternoon with all councils to further discuss this and that will help us to provide direction and have a little bit of direction and come back to you with how we take this forward. Amelia Lorentson 01:29:57.568
So in terms of risk, which is you know we're risking a public trust, what are we doing in terms of mitigating potential risk if we don't deliver on a promise that we made in October 2023? Larry Sengstock 01:30:14.908
Can't necessarily answer that right now, Council, until we have our discussion. discussion, as we said in our answer to the question earlier, was that we still are in a process of informing the council and getting everybody up to speed so we can make decisions on how we address some of these big issues that we have in front of us and the fact that we've already got a number of other projects on the go in terms of consultation with the community. So we need to work out where that fits and what it actually physically looks like and that's part of our discussion and then we'll certainly bring that to the table. Amelia Lorentson 01:30:50.165
Last question to the CEO. So when a decision is ratified by council as it was in October 2023, is there a mandatory obligation for council to deliver upon that decision or not? Larry Sengstock 01:31:07.580
It's an interesting question, councillor. There's an obligation for us to address that motion, which we fully intend to do. Brian Stockwell 01:31:23.740
I think Councillor raised a really good point and what we should always ask. Are we consulting enough or are we consulting too much? Are we consulting in a way and are we responding in a way? And I think the best way to answer that is to look at today. And one of the consultations I didn't list or include the numbers in last term was the housing strategy. And when we started that process, I hazard a guess that most people thought that housing was a state government Through the process we engaged a very knowledgeable reference group from industry, from community, from welfare organisations as well as staff. We engaged and developed developed a set of priorities to improve the delivery of affordable social community housing in this Shire. A few minutes ago we just agreed to sell a community housing co-op to develop the previous motion in general committee. That's not confidential. No, but the report says what we're doing. The recommendation is not confidential. We also, just after that or before that, just agreed to go out to community on a suite of planning scheme amendments which were foreshadowed in that housing because the community had really clear desire and expectations to address what was a critical issue. And that issue was not just expressed when we went out specifically on the housing strategy, when we went out on the corporate plan and we had a thousand submissions, the number one The number one priority that they nominated was the environment, which is pretty typical, but when we did the qualitative analysis, the number two most commonly identified issue raised in those submissions was housing, and we've talked about the livability survey and whether we've responded to that, and if you look at the feedback we got from the community on the livability survey and on Infrastructure and received it. So there is doubt in my mind that this council has been responsive to the input we've received from community consultation. There is no doubt that the priorities for investment and action do reflect our Thank you, I'll put it to the vote. Frank Wilkie 01:34:30.649
That's carried unanimously. Now move to 9.3. Adoption of amended consolidated version of subordinate local law number one administration 2015 to rectify a to rectify a formatting error. Mr. CEO, can you tell us what this error is that means, rectifying. Certainly. I'll read this so that I make sure I get it all correct. On the 21st of October 2021, Council adopted a consolidated version of the subordinate local law number one administration 2015 SLL1 in brackets. At the time the amendments the time, amendments were made to the subordinate local law 1 relating to short stay accommodation. On this date, Council also adopted a consolidated version of the subordinate local law 1, which incorporated these amendments and included the formatting error, which is a subsection of Schedule 10 temporary advertising devices. It was missing. The law states: Consolidated version of a local law must accurately combine a local government's local law as it was originally made with all the amendments made to the local law since the law was originally made. Importantly, when Council adopts a consolidated version, This version is taken to be the local law, in the absence of evidence to the contrary. Upon review, we have located the formatting error, where a section of the temporary advertising devices was omitted. We need to rectify We need to rectify this issue by adopting a new consolidated version of the subordinate local law as per section 32 of the local government act requirements, which is in attachment one in this report. We've also investigated whether there were any enforcement consequences due to this formatting error and have been advised by the development and regulation department that during the period of February 2022 to now now, council has not issued any infringements nor dealt with any complaints relating to this section of the law, resulting in a low risk outcome for council. And finally, we don't specifically know how this occurred. It's a human error. However, to reduce future risks in this area, we will be updating the review process prior to any local law amendments going to the council for adoption. Questions? Sorry, someone care to move this? I have a question through the chair. We're informed of that now, so we need to move it and check it before we have questions. Tom Wegener 01:36:51.860
I'm going to move it. Frank Wilkie 01:37:28.063
Next we have a confidential item. So we've got contract number CN00319B up at Pinbarren Creek Road landslides. Councillor. Jessica Phillips 01:37:38.043
I would just like to declare I, Councillor, inform the meeting that I have a declarable conflict of interest in this matter as I have become the company my husband works for is associated with a company that tendered an application for confidential contract number CN00319B, however he had no involvement in any construction of the tender and although I have a declarable conflict of interest I do not believe a reasonable person a reasonable person could have a perception of bias because I'm not closely related to the applicant and they are not recommended for the tender. Therefore, I choose to remain in the meeting room. However, I respect the decision of the meeting and whether I can remain and participate in this decision. Amelia Lorentson 01:38:26.278
Questions? Jess, your husband is an employee or does he have interests in the company? An employee. Thank you. Brian Stockwell 01:38:38.587
And just to follow up, he's not in an executive management role in that company? Jessica Phillips 01:38:47.152
Project coordinator. Frank Wilkie 01:38:51.512
Question. Would he benefit financially if the tender was to be awarded through discussions in confidential session to the company that he works for? Jessica Phillips 01:39:07.325
I don't think I can answer that. Well, he's on a salary, so no, it wouldn't matter. Brian Stockwell 01:39:16.805
Councillor Stockwell. I'm happy that Councillor participates and votes on this matter because Councillor believes that a reasonable person would trust a final decision is made in the public interest. Frank Wilkie 01:39:30.360
I have a seconder for that. Councillor Wilson, thank you. Would you like to speak to the motion, Councillor Stockwell? Brian Stockwell 01:39:38.420
I do so. I think there's a range of considerations here but the fact being an employee and not benefiting directly, either if the award of the contract was to or not to the company, I think is the major consideration, having no financial interest. financial interest in the company and is to me an ability, it gives us the ability to allow Councillor to stay in the room and the fact that she's declared it makes it public information. Frank Wilkie 01:40:12.339
I agree the important fact is that the potential conflict is to gain and it's on the level and it's important. I'll be supporting the motion. Anyone else wish to speak? If the motion goes in favour, that's carried unanimously. Oh no, you can't do it. I figured I couldn't. SPEAKER_05 01:40:34.929
Now, OK. Frank Wilkie 01:40:40.227
As this is a confidential, commercial and confidence matter, I move that the meeting be closed to the public, similar to section 254J3G of the Local Government Regulation 2012. Purpose of discussing item 10.1, confidential contract number, CNW319B, Upper Pinbarren Creek Road landslides. Can I have a seconder, please? Brian Stockwell 01:41:04.106
Yes, you can. Frank Wilkie 01:41:09.406
All in favour? That's unanimous. Thank you. members of the public. We're back on. Welcome back everyone. May I have a move for a seconder for the recommendation in the report? Brian Stockwell 01:41:51.980
I'm happy to move. Frank Wilkie 01:41:52.980
Moved by Councillor Brian Stockwell. May I have a seconder please? Seconded by Councillor Tom Wegener. Put to the vote. Sorry, speakers? Brian Stockwell 01:42:03.420
I'll just speak to say that this particular tender... particular tender appears from the map we've been given to be the second last of the recovery projects amongst quite a large volume that were done post the floods in 2022 and it will provide... we'll will provide increased stability for those residents who live in the Upper Pin Barren Creek Road. Frank Wilkie 01:42:27.136
We have the councillors wish to speak to motion. All in favour? That's carried unanimously. That brings us to the end of the agenda. The next ordinary meeting will be at 5:00pm. on Thursday 20th of June. We propose to hold this in Pomona. I declare the meeting closed at 7:07pm. Thank you everybody. Related Noosa Council Meetings
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