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