Ordinary Meeting, 19 September 2024
Date: Thursday, 19 September 2024 at 10:00AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 02:34:13
Synopsis: Adoption of Kabi Kabi Commitment, Housing and transparency disputes at 62 Lake Macdonald, Bakery addition refused, Standing Orders deferred, Beach rescue trial, School bus advocacy.
Meeting Attendees
Councillors
Frank Wilkie Karen Finzel Amelia Lorentson Jessica Phillips Brian Stockwell Nicola Wilson Executive Officers
Chief Executive Officer, Larry Sengstock Director Corporate Services, Trent Grauf Director Development & Regulation, Richard MacGillivray Director Strategy And Environment, Kim Rawlings Acting Community Services Director, Paul Brinkman Acting Director Infrastructure, Shaun Walsh Deputations
Rachael Morrison Deanne Payze John Cherry Patricia Spicer Paul Noonan Phil Egan Apologies (Did Not Attend)
Meeting Insight
Key Decisions & Discussions Frank Wilkie led unanimous adoption of Council’s support and commitment to the Kabi Kabi Commitment, temporarily suspending Standing Orders for a formal signing; ongoing co-stewardship embedded across Council work (3.1; 05:37–11:34; 20:46; carried unanimously). Brian Stockwell and councillors endorsed framing the Commitment as intergenerational custodianship aligned to Noosa’s sustainability ethos (3.1; 23:57–26:27). Public transport deputation: parents sought reinstatement of school bus route 5834 to local cul-de-sacs, citing safety risks at McKinnon Dr/Silverwood Dr (logging/quarry trucks, 100 km/h zone, no paths) and TMR/CDC refusals of reversing manoeuvres (9.1; 36:33–50:33; 47:46–50:33). Housing deputation: residents opposed proposed 120-unit development at 62 Lake Macdonald Dr, citing contamination (historic dump incl. night soil, heavy metals, asbestos), flooding, traffic, koala movement, cemetery expansion loss, and inadequate consultation (9.2; 50:55–01:09:18; Att. 1). Public Question Time: infrastructure water filters (5μm carbon blocks) and bulk water supply chain clarified; fluoridation petition response pending with reliance on NHMRC 2017; Qld law blocks lifetime dog registration (12.1–12.3; 01:09:18–01:20:35). Trial of remote rescue tubes/life rings at unpatrolled beaches: CEO to report on feasibility, risks, insurer posture, and sites; motion carried unanimously (7.1; 01:20:56–01:28:18). Planning: Minor change approved for indoor entertainment extension at Noosa District Sports Complex (31 Butler St) with amended and additional conditions (10.4 Item 5.1; carried unanimously). Planning: Proposed “minor change” to add bakery service to seafood kiosk at 185 Weyba Rd refused; found not a minor change under the Planning Act 2016, inconsistent with zoning/parking outcomes, and more suited to a centre zone (10.4 Item 5.2; 01:32:00–01:51:40; carried). Domestic & Family Violence Prevention Champions Network: Council recommitted; appointed Cr Nicola Wilson plus two staff as representatives (10.4 Item 5.3; carried unanimously). Standing Orders/policies: broad rewrite contested; Council adopted Petition Procedure, retained original deputation and public question time settings, inserted “up to 15 minutes” clarity for deputations, and deferred remaining changes to October (10.4 Item 6.2; 02:00:41–02:33:32). Audit & Risk Committee: noted QAO/KPMG interim briefing; approved minor amendments to risk, fraud/corruption, and PID policies; received insurance update (10.3; carried unanimously). Contentious / Transparency Matters Amelia Lorentson pushed to co-fund joint Senior Counsel with kiosk applicant to reconcile competing legal advices; officers warned this would bypass statutory appeal pathways and compromise privilege; motion lost (10.4 Item 5.2; 01:32:00–01:50:16). Residents alleged two years of non-transparent preparatory work on 62 Lake Macdonald Dr and code assessment limiting consultation; sought formal, iterative engagement and full release of technical studies (9.2; 50:55–01:09:18). Standing Orders overhaul faced community backlash; Council retained legacy participatory settings and deferred unresolved changes after debate over scripts vs outlines for deputations and time limits (10.4 Item 6.2; 02:00:41–02:33:32). CoMSEQ travel: Frank Wilkie justified declining July Canberra trip (cost to ratepayers; focus on Brisbane board/Queensland Parliament advocacy) (12.2; 01:12:47–01:15:14). Legal / Risk Planning Act 2016: Council and independent legal advice found kiosk bakery addition is a new use causing substantially different development; proper pathway is new MCU/another change with public notification (10.4 Item 5.2; 01:44:00–01:45:25). Officer advice: joint co-funded legal opinion is improper, outside statutory process, risks privilege and appeal posture; mediation exists within Planning & Environment Court processes (10.4 Item 5.2; 01:39:18–01:41:55; 01:48:25–01:49:27). Contaminated land risk at 62 Lake Macdonald Dr: residents highlighted dust/asbestos/heavy metals during vegetation clearing and soil sieving; requested robust remediation, erosion/sediment control, flood management, and fauna plans (9.2; 01:02:33–01:09:18). Insurance/governance: Audit & Risk noted insurance management update and adopted minor amendments to Fraud & Corruption and PID frameworks, maintaining compliance posture (10.3 Items 13–14). Water stations: filtration performance explained; residual chlorine not fully removed; supply chain via Seqwater/Unitywater noted for accountability (12.1; 01:10:41–01:11:58). Dog registration: lifetime model unlawful under Qld Animal Management (Cats and Dogs) Act 2008; fee removal request declined on statutory grounds (12.3; 01:19:51–01:20:35). Conflicts of Interest Jessica Phillips disclosed a declarable COI (close family friend on Tewantin Netball building subcommittee); Council resolved she could participate and vote; she abstained on that procedural motion (10.4 Item 5.1; 01:30:02–01:31:33). Nicola Wilson disclosed declarable COI as volunteer director of CAYAC Ltd; Council resolved she could participate and vote on DFV Network; she abstained on that procedural motion (10.4 Item 5.3; 01:52:18–01:54:08). Environmental Concerns Kabi Kabi Commitment centres custodianship of land and waters; integration across strategies, projects, services; aligns with Biosphere Reserve values (3.1; 06:27–11:34; 14:04–20:46). 62 Lake Macdonald Dr: residents opposed clear-felling ~12,000 m² plantation pine and ~3,000 m² Gympie messmates; cited Cemetery Conservation Management Plan support for retention and bush internment potential (9.2; 01:02:33–01:09:18). Koala movement and stormwater/flooding risks raised from densification/hardstand; calls for fauna plans and hydrological safeguards (9.2; 50:55–01:09:18). Short Term Accommodation / Legal Action Council delegated CEO authority to attend to all matters in Appeal 1997 of 2024 concerning refusal of MCU23/0101 for Short Term Accommodation at 561 Gympie Kin Kin Rd (10.4 Item 7.1 Confidential; adopted). Sunshine Beach & Coastal Safety Amelia Lorentson cited near-drownings at North Sunshine and Alexandria Bay; proposed remote rescue tubes/life rings and emergency beacons; community groups pledged support/funding (7.1; 01:20:56–01:28:18). Community Transparency & Governance Standing Orders: insertion of “up to 15 minutes” for deputations adopted; proposals to mandate draft scripts were rejected as onerous; broader reforms deferred to ensure clarity and consultation (10.4 Item 6.2; 02:11:09–02:26:04; 02:31:53–02:33:32). Fluoridation: petition response delayed pending Seqwater/Unitywater advice; Council reiterated reliance on NHMRC 2017 and peak health bodies for public health positioning (12.3; 01:16:17–01:17:44). Bus 5834: parents alleged inadequate TMR/CDC consultation and heightened child safety risks from revised stop; requested Council advocacy for route reinstatement or safer alternatives (9.1; 36:33–50:33).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 19 September 2024 10:00 AM Council Chambers, 9 Pelican Street, Tewantin Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 1. ATTENDANCE & APOLOGIES COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell (in person and partly via Microsoft Teams) Cr Nicola Wilson EXECUTIVE Chief Executive Officer, Larry Sengstock Director Corporate Services, Trent Grauf Director Development & Regulation, Richard MacGillivray Director Strategy and Environment, Kim Rawlings Acting Community Services Director, Paul Brinkman Acting Director Infrastructure, Shaun Walsh APOLOGIES Cr Tom Wegener WELCOME TO COUNTRY BY KABI KABI PEOPLES ABORIGINAL 2. CORPORATION Special guests from the Kabi Kabi Peoples Aboriginal Corporation, Secretary & Director Brian Warner, Treasurer & Director Melissa Bond, Director Aunty Helena Gulash, Director Cecilia Combo, and Director Kerry Jones joined Council for the meeting and Director Aunty Helena Gulash performed their Welcome to Country. Apologies were received from Chair & Director Norman Bond and Director Uncle Michael Douglas. 3. ORDINARY MEETING REPORTS 3.1. NOOSA COUNCIL SUPPORT FOR THE KABI KABI COMMITMENT Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell That Council note the report by the Director of Strategy & Environment to the Ordinary Meeting dated 19 September 2024 and A. Acknowledge, support and commit to the “Kabi Kabi Commitment” provided at Attachment 1; B. Embrace the shared principles of custodianship and co-stewardship of Noosa’s land and waters in partnership with Kabi Kabi, as outlined in the “Kabi Kabi Commitment”; and C. Note that Council will continue partnering with Kabi Kabi to identify opportunities to embed their knowledge, culture, traditions and aspirations in Council’s strategies, plans, projects and services across all key areas of Council work. Carried unanimously. ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Nicola Wilson That the operation of the Standing Orders or any relevant provision thereof be suspended to allow the signing of the Kabi Kabi Commitment documents. Carried unanimously. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentson That Standing Orders be resumed. Carried unanimously. The meeting adjourned at 10.36am. The meeting resumed at 11.08am. 4. CONFIRMATION OF MINUTES 4.1. ORDINARY MEETING MINUTES DATED 15 AUGUST 2024 Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Karen Finzel The Minutes of the Ordinary Meeting held on 15 August 2024 be received and confirmed. Carried unanimously. 4.2. SPECIAL MEETING MINUTES DATED 23 AUGUST 2024 Council Resolution Moved: Cr Jessica Phillips Seconded: Cr Karen Finzel The Minutes of the Special Meeting held on 23 August 2024 be received and confirmed. Carried unanimously. 9. DEPUTATIONS 9.1. DEPUTATION - BUS SERVICE 5834 APPLICANT: RACHAEL MORRISON SPEAKERS: RACHAEL MORRISON, DEANNE PAYZE, JOHN CHERRY ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 9.2. DEPUTATION - PROPOSED HOUSING DEVELOPMENT AT 62 LAKE MACDONALD DRIVE COOROY APPLICANT: PATRICIA SPICER SPEAKERS: PATRICIA SPICER, PAUL NOONAN, PHIL EGAN The following material was presented to the meeting in relation to this item: Patricia Spicer– refer to Attachment 1 to the Ordinary Meeting Minutes 12. PUBLIC QUESTION TIME 12.1. SUE AGNEW Question 1. What exactly is being filtered out of the water in filtered water bottle filling stations in Noosa Shire and where does the (unfiltered) water come from? Response Provided by Shaun Walsh, Director Infrastructure The filters installed on all of Council’s Bottle Filling stations are fitted with 5-micron Carbon Block filters which treat turbidity, particulate reduction and assists in reducing cloudiness. Turbidity, particulate and cloudiness can be caused by traces of gravel/sand or dirt which remain in pipes following routine repairs or treatment by water service agencies. The 5-micron filters will capture most of these contaminants. The filters are also installed to assist in improving taste and odours and will decrease chlorine compounds added by water service agencies. However, it will not totally eradicate the Chlorine in the treated water system. Water supplied to Noosa Council's Bottle filling stations is from the potable water system provided by water utility agencies. The water is treated at the water utility “SEQ Water” treatment plants prior to being dispatched and supplied to the assets via the water utility “Unity Water” piped system. More information about these water utilities and their treatment and distribution systems and networks is available via their websites. 12.2. PAULA BRABY Question 1. The general understanding of the community is that Noosa Shire Council is a member of the Council of Mayors SEQ (CoMSEQ) and that these meetings are an opportunity to meet and discuss ways to secure funding for our shire in relation to cost of living, housing, disaster management, homelessness and perhaps many other funding priorities. The most recent meeting of CoMSEQ was in Canberra in July 2024. Was Noosa Shire represented at this meeting by either Mayor Wilkie or Deputy Mayor Stockwell? If not, why not? Response provided by Mayor Frank Wilkie Thanks for your enquiry, Ms Braby. The most recent CoMSEQ meeting was a board meeting in Brisbane on Friday, September 13, which I attended. I have attended all CoMSEQ board meeting where the group’s strategies and funding opportunities are discussed. In answer to your question, I chose not to attend the CoMSEQ trip to Canberra because I instead chose to attend commitments made to regional groups well ahead of time. The fact the delegation was already wellattended by many other mayors and was not fully funded by CoMSEQ, with ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 implications for Noosa Ratepayers, were also considerations. At the recent board meeting we heard that the Canberra delegation was an opportunity to present a show of strength, rather than bid for funding. I can confirm Noosa was well represented at the more pivotal and significant CoMSEQ delegation to Queensland Parliament where I had the opportunity ahead of the October election to present Noosa's specific housing, growth, planning, infrastructure and funding challenges to both the Queensland Cabinet and Shadow Cabinet. Noosa Council is still in the process of planning for venue upgrades ahead of the Olympics that have yet to be costed. When this is done, we will be in a better position to make specific asks of the Federal or State Governments. Given that the core work is done at CoMSEQ board meetings as a top priority, the existing strength of the Canberra group to advocate for the SEQ Region's growth challenges, the cost to Noosa ratepayers and the phase we are at in terms of pre-Olympics planning, I chose to attend local community events I had already committed to some time ago, including one which has significance to the most vulnerable in our combined coastal communities and one marking the thirty year milestone for three Noosa community groups. Given the constant clash of obligations in this role, I will continue to carefully weigh up the value of all invitations in terms of their return to Noosa Shire and the Region and how best to expend time and ratepayers’ resources. 12.3. DEBRA WALZ (FELICITY DALE ON BEHALF OF) Question 1. The "Say No to Fluoride" petition was tabled at the Ordinary Council Meeting in December 2023 and is yet to be actioned by the CEO. Several reasons provided for delaying this action have been given. However, the community wishes to move forward on this important issue and suggests an information session be held with Councillors on the pros and cons of consuming fluoridated drinking water. Would Councillors be open to attending such a session? Response provided by Richard MacGillivray, Director Planning & Regulation The petition received by Council on 14 December 2023 and tabled at the December Ordinary meeting was referred by the (then) Acting CEO to the appropriate Council Officers for response. Staff apologise for the delay with providing a response but as you may appreciate the broad scope of the petition requires Council to diligently investigate the matter involving seeking technical advice from Seqwater (The Queensland Government Bulk Water Supply Authority for the Noosa region) and Unitywater who undertake water distribution services to the residents of Noosa. We anticipate a response will be provided to the petition in the near future. In terms of your request to provide an information session to Councillors, I will leave this decision for Councillors to directly consider upon request, however I would advise that Council continues to rely on the Australian Government’s National Health and Medical Research Council statement on Water Fluoridation and Human Health in Australia (2017) as the principal source of credible public health information. Fluoridation is also supported by peak health bodies including the Australian Dental Association, the Australian Medical Association and the World Health Organisation. Question 2. Will Council consider abolishing dog renewal registration fees and associated late payment penalties in favour of introducing one lifelong dog registration fee for residents which is a realistic amount and one that reflects Council expenditure on services provided for dog owners? ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 Response provided by Richard MacGillivray, Director Planning & Regulation The registration of domestic dogs is a requirement under Queensland law (the Animal Management Cats and Dogs Act 2008 (the Act)). I acknowledge that Council’s in other States do have lifelong dog registrations however dog registration under the Act in Queensland does not allow for lifetime registration. It’s important to highlight that registering your dog helps the council provide essential animal management services. These services include managing aggressive and barking dogs, responding to and investigating dog attacks, providing pound facilities, reuniting lost dogs with their owners, and maintaining off-leash areas, litter bins, and doggie bags where needed. 5. MAYORAL MINUTES Nil. 6. PETITIONS Nil. 7. NOTIFIED MOTIONS 7.1. TRIAL OF REMOTE RESCUE TUBES/LIFE RINGS AT UNPATROLLED BEACHES Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Nicola Wilson That Council request the CEO to provide a report to Council that investigates the opportunity to install Remote Rescue Tubes/Life Rings at selected unpatrolled beach locations with the possibility of conducting a trial of a single site prior to any further action. Carried unanimously. 8. PRESENTATIONS Nil. 10. CONSIDERATION OF COMMITTEE REPORTS ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 10.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 10 SEPTEMBER 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Brian Stockwell Cr Amelia Lorentson Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Karen Finzel EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Community Services Kerri Contini Director Strategy & Environment, Kim Rawlings (via Microsoft Teams) APOLOGIES Cr Tom Wegener 5.1. 51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN PLANNING CONSENT FOR INDOOR ENTERTAINMENT AND EXTENSION OF AN INDOOR ENTERTAINMENT - 31 BUTLER STREET, TEWANTIN That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee for further consideration. 5.2. 51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA ROAD, NOOSAVILLE That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the issue. 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2024 That Council note the report by the Development Assessment Manager to the Planning and Environment Committee Meeting dated 10 September 2024 regarding applications that have been decided by Delegated Authority during the month of July as per Attachment 1. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the report of the Planning and Environment Committee meeting dated 10 September 2024 be received and the recommendations therein be adopted. Carried unanimously. ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 10.2. SERVICES & ORGANISATION COMMITTEE REPORT - 10 SEPTEMBER 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Jessica Phillips Cr Frank Wilkie Cr Nicola Wilson (via Microsoft Teams) NON-COMMITTEE MEMBERS Cr Amelia Lorentson EXECUTIVE Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Corporate Services Trent Grauf Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1 SUNRISE SHOPS- SHOP 5 LEASE RENEWAL That Council note the report by the Commercial Business Advisor to the Services and Organisation Committee Meeting dated 10 September 2024 and A. Approve the lease renewal to Australian Leisure and Hospitality Group Pty Limited for Shop 5, Sunrise Shops for three (3) years commencing 2 January 2025; B. Authorise the Chief Executive Office to award a subsequent two (2) one (1) year extensions of the lease subject to the lessee complying with the terms of the lease; and C. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the existing tenant. 5.2. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE PREVENTION CHAMPIONS NETWORK That Services & Organisation Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the matter. 6.1. NOOSA CULTURAL PLAN 2019-2023 IMPLEMENTATION UPDATE That Council note the report by the Arts and Culture Manager to the Services & Organisation Committee dated 10 September 2024 regarding the conclusion of the Noosa Cultural Plan 2019-2023 Council Resolution Moved: Cr Karen Finzel Seconded: Cr Jessica Phillips That the report of the Services & Organisation Committee meeting dated 10 September 2024 be received and the recommendations therein be adopted. Carried unanimously. ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 10.3. AUDIT & RISK COMMITTEE REPORT - 12 SEPTEMBER 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS (External) Ian Rushworth Cr Nicola Wilson NON COMMITTEE MEMBERS Chief Executive Officer, Larry Sengstock Director Corporate Services, Trent Grauf Governance Manager, Diana Stewart Financial Services Manager, Pauline Coles ICT Manager Ryan Smith Governance Advisor, Alexandra Nolan KPMG, Thomas Cook KPMG, Erin Neville-Stanley QAO, Chantelle Hanna Crowe, Adam Black Crowe, Micheal Choeng APOLOGIES Cr Tom Wegener Audit & Risk Committee Chair (External) Timothy Cronin Executive Officer, Internal Audit & Corporate Performance Debra Iezzi COMMITTEE RECOMMENDATIONS TO COUNCIL 1. 2024 AUDIT COMMITTEE BRIEFING PAPER AND INTERIM REPORT - QAO & KPMG (Item 6) That Council note the 2024 Interim Briefing Paper provided by the Queensland Audit Officer (QAO) and KPMG to the Audit & Risk Committee meeting dated 12 September 2024. 2. RISK MANAGEMENT & BCP UPDATE (Item 7) That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 12 September 2024 regarding risk management and business continuity matters and: A. Approve minor amendments to Council’s Enterprise Risk and Opportunity Management Policy as per Attachment 1. 3. INTERNAL UPDATE (Item 8) That Council note the report by the Executive Officer Internal Audit and Corporate Performance to the Audit and Risk Committee dated 12 September 2024 regarding the Internal Audit Update. 4. CONFIDENTIAL - INSURANCE MANAGEMENT UPDATE (Item 13) That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 12 September 2024 providing an update on insurance matters. 5. CONFIDENTIAL - FRAUD, CORRUPTION & PID UPDATE (Item 14) That Council note the confidential report by the Governance Manager to the Audit & Risk Committee Meeting dated 12 September 2024 and: A. Approve: ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 1. Minor amendments to Council’s Fraud and Corruption Control Policy as per Attachment 1 2. Minor amendments to Council’s Public Interest Disclosure Policy as per Attachment 4 3. Minor amendments to Council’s Public Interest Disclosure Procedures as per Attachment 5 B. Note the annual update presented on various fraud, corruption, and public interest disclosures matters. Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Amelia Lorentson That the report of the Audit & Risk Committee dated 12 September 2024 be received and the recommendations therein be adopted. Carried unanimously. 10.4. GENERAL COMMITTEE MEETING REPORT - 16 SEPTEMBER 2024 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Frank Wilkie (Acting Chair) Cr Karen Finzel (via Microsoft Teams) Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell (via Microsoft Teams) Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Acting Director Community Services Paul Brinkman Acting Director Infrastructure Services Shaun Walsh Director Corporate Services, Trent Grauf APOLOGIES Cr Tom Wegener COMMITTEE RECOMMENDATIONS TO COUNCIL ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 5.1. 51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN PLANNING CONSENT FOR INDOOR ENTERTAINMENT AND EXTENSION OF AN INDOOR ENTERTAINMENT - 31 BUTLER STREET, TEWANTIN (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10 SEPTEMBER 2024 - ITEM 5.1) 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 Jessica Phillips, declare I have a declarable conflict of interest in this matter as my close family friend, Fran Sadlier, is on the building sub-committee and a long-term member of the Tewantin Netball Courts. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the position she holds is not a decision maker, nor is she an executive committee member: neither I nor my family friend stand to gain a personal or material benefit from the decision over and above what other club members would gain. Therefore, I will choose to remain in the meeting room, however I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Karen Finzel Seconded: Cr Nicola Wilson That Council note the declarable conflict of interest by Cr Phillips and determine that Cr Phillips participates and votes on this matter as 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. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application No. 51988.2770.02 to make a minor change to an existing Town Planning Consent for indoor entertainment and extension of an indoor entertainment situated at Noosa District Sports Complex - 31 Butler St, Tewantin and: A. Approve the change. B. Amend condition 2 and 9 as outlined in Attachment 1 to the Report. C. Include additional conditions 17 to 37 as outlined in Attachment 1 to the Report. D. Include advisory notes 1 to 6 as outlined in Attachment 2 to the Report. E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. F. Approve the Final Conditions as provided in Attachment 1 to the Minutes - Final Conditions Carried unanimously. 5.2. 51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA ROAD, NOOSAVILLE (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10 SEPTEMBER 2024 - ITEM 5.2) Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood kiosk situated at 185 Weyba Rd, Noosaville and: A. Defer the decision on the application to allow Council and the applicant to cofund and brief an agreed Counsel to consider the separate legal opinions of each party's advisors; and B. That the opinion of Counsel be provided to Council at a future meeting for consideration. For: Crs Lorentson and Phillips Against: Crs Finzel, Stockwell, Wilson and Wilkie Lost. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood kiosk situated at 185 Weyba Rd, Noosaville and: A. Refuse the change for the following reasons: The proposed changes do not constitute a minor change to the development approvals as defined by the Planning Act 2016, as the changes will result in a substantially different development. The proposed bakery (service shop) is not consistent with the Residential A zoning intent under the 1973 Planning Scheme for Noosa Shire or the Medium Density Residential zone under Noosa Plan 2020 and is more appropriately located in a centre zone. The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e) & (j) and Performance Outcomes & Acceptable Outcomes PO1, PO5, AO5.1, AO5.2 of the Medium Density Residential Zone Code under Noosa Plan 2020 as: a. The proposed bakery is not a residential use and is not compatible with surrounding residential uses. b. The proposed bakery is more appropriately accommodated in a centre zone and the land maintained for dual occupancies, multiple dwellings and the like. c. The proposal is likely to adversely impact on surrounding resident’s amenity. B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and Performance Outcome and Acceptable Outcome PO6 and AO6.1 of the Driveways and Parking Code as the proposal provides insufficient on-site car parking and is likely to generate additional demand for car parking compared to the takeaway seafood kiosk. For: Crs Finzel, Stockwell, Wilson and Wilkie Against: Crs Lorentson and Phillips Carried. ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 5.3. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE PREVENTION CHAMPIONS NETWORK (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 10 SEPTEMBER 2024 - ITEM 5.2) In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Wilson, inform the meeting that I have a declarable conflict of interest in this matter as I am a volunteer director of a CAYAC Ltd, Maroochydore, a charity that supports victims of domestic violence (amongst other services). While CAYAC is not the subject of the decision being made today to appoint a councillor to an observer role in the Network, I note that matters discussed in the Network’s meetings in future may be relevant to CAYAC’s operations. I share this information for transparency and to support my nomination for the position, having an interest and experience in this area. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because CAYAC is not the subject of today’s decision, and I am able to remain impartial. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Committee Recommendation Moved: Cr Amelia Lorentson Seconded: Cr Karen Finzel That Council note the declarable conflict of interest by Cr Wilson and determine that Cr Wilson participates and votes on this matter because Council believes that Cr Wilson would be able to remain impartial and therefore a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Wilson did not vote on the above motion. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That Council note the report by the Community Development Coordinator to the Services & Organisation Committee Meeting dated 10 September 2024 and: A. Endorse Noosa Council’s recommitment to the Local Government Domestic and Family Violence Prevention Champions Network; and B. Appoint Cr Nicola Wilson and two staff members (from Community Development and People and Culture teams), as Noosa Council’s representatives to the Network. Carried unanimously. 6.2. REVISED STANDING ORDERS & OTHER RELATED POLICIES & PROCEDURES Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 16 September 2024 regarding the amendment of Noosa Council's Standing Orders and other relevant policies and procedures and A. Adopt the updated Standing Orders for Council Meetings Policy (provided at Attachment 1) and repeal current Standing Orders Policy (adopted 19 November 2020) with the following amendments to the updated Standing Orders, Section 18 –– Notified Motions amended to read: ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 Section 15 – Deputations Reject proposed amendments and replace with original wording as follows: 17.1 A deputation wishing to attend and address an Ordinary meeting of Council shall apply in writing to the CEO not less than seven (7) business days before the meeting. 17.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed. 17.3 Where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting. 17.4 For deputations comprising three or more persons, only three persons shall be at liberty to address Council unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation, generally no longer than 15 minutes unless decided otherwise by the meeting. 17.5 The Chairperson may terminate an address by a person in a deputation at any time where: a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting; b) the time period allowed for a deputation has expired; c) the person uses insulting or offensive language or is derogatory towards Councillors or staff members; d) a member of the deputation other than the appointed speakers interjects or attempts to address the Council; e) the person uses words or actions that discriminate or vilify based on a person’s race, religion, sexuality or gender identity. Section 18 – Notified Motions Reject proposed amendments and replace with original wording as follows: 18.1 A Councillor may bring forward to a meeting a motion on any matter within the jurisdiction or official cognisance of the Council by giving notice in writing, in the approved form, to the Chief Executive Officer at least seven days before the meeting. 18.2 The Chairperson shall rule out of order a motion which does not comply with section 18.1 of these Standing Orders. 18.3 Notified motions shall be dated and recorded by the Chief Executive Officer as received. 18.4 Where a Councillor who has given notice of a motion is absent or declines to move the motion, the motion may be – a) moved by another Councillor; or b) deferred to the next meeting. ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 18.5 Where the notified motion is not moved or deferred, it shall not again be reintroduced without a subsequent notice of motion duly given as provided in section 18.1. 18.6 At the meeting, a notified motion requires a seconder in order that it be dealt with. Section 41 – Deputations (Procedure for Standing Committee Meetings) Reject proposed amendments and replace with original wording as follows: 41.1 A deputation wishing to attend and address a Committee meeting shall apply in writing to the CEO not less than seven (7) business days before the meeting. 41.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed. 41.3 Where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting. 41.4 For deputations comprising three or more persons, only three persons shall be at liberty to address the Committee unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation, generally no longer than 15 minutes unless decided otherwise by the meeting. 41.5 The Chairperson may terminate an address by a person in a deputation at any time where: a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting b) the time period allowed for a deputation has expired, or c) the person uses insulting or offensive language or is derogatory towards Councillors or staff members. d) a member of the deputation other than the appointed speakers interjects or attempts to address the Council. e) the person uses words or actions that discriminate or vilify based on a person’s race, religion, sexuality or gender identity. "18.8 Councillors are encouraged to lodge Notices of Motion which: a) relate to the objectives, roles and function of Council as outlined in the annual Operational and Corporate Plan; b) are clear in intention; c) are not identical or substantially similar to a Notified Motion that has been considered by the Council and lost in the preceding six months; d) are not outside the powers of Council; e) do not relate to an operational service request or a matter that can be handled under delegation; f) are not matters subject to a Council decision-making process which has commenced but is not yet complete."; ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 B. Adopt the new Petition Procedure (provided at Attachment 2); C. Adopt Reject the new Deputation Procedure (provided at Attachment 3) and retain the deputation procedures in the Standing Orders for Council Meetings Policy, as provided for in item A. subject to the amendment of items 1, 3, and 6, and the deletion of item 5 as follows: 1. 15 minutes in total will be allocated at each Meeting for members of the community to present deputations. A maximum of 5 minutes will be allocated per deputation with an extension of time allowed upon request to the meeting chair and by consent of the councillors with a maximum of 3 deputations per meeting allowed. 3. The applicant must provide Council with the deputation topic and sufficient background material, whereby the CEO, on receiving an application for the deputation, shall notify the Chairperson who, in conjunction with the CEO, shall determine whether the deputation may be heard. The CEO shall inform the applicant of the determination in writing. 5. Four deputations per calendar year by the same applicant /group will be allowed. 5 6. Deputations on specific development applications or other statutory applications before Council are not permitted. D. Reject the new Public Question Time Procedure (provided at Attachment 4) and retain current Public Question Time Guideline (adopted on 17 October 2019); and E. Adopt the Councillor Investigation Policy (Attachment 7) and repeal current Councillor Investigation Policy (adopted on 19 November 2020). Amendment No. 1 Moved: Cr Nicola Wilson Seconded: Cr Brian Stockwell That Item 17.2 and Item 41.2 be amended to read: 17.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed (up to 15 minutes). 41.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed (up to 15 minutes). Carried unanimously. Cr Stockwell left the meeting. Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Karen Finzel That in accordance with Section 254K of the Local Government Regulation, Cr Stockwell is approved to attend the Meeting dated 19 September 2024 via Microsoft Teams. Carried unanimously. Cr Stockwell returned to the meeting via Microsoft Teams ORDINARY MEETING MINUTES 19 SEPTEMBER 2024 Amendment No 2 Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Item 17.3 be amended to read: 17.3 Where it has been determined that a deputation be heard, a draft script must be provided and the deputation and topic of the presentation must be included in the public agenda for the meeting. Lost unanimously. Amendment No 3 Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That Item 17.3 be amended to read: 17.3 Where it has been determined that a deputation be heard, an outline of the issue and background material be provided and the deputation and topic of the presentation must be included in the public agenda for the meeting. Procedural Motion Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That this matter be deferred to the October Meeting round. For: Crs Wilkie, Stockwell, Finzel and Wilson Against: Crs Lorentson & Phillips Carried. 7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - APPEAL 1997 OF 2024 RELATING TO REFUSAL OF MCU23/0101 MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 561 GYMPIE KIN KIN ROAD, KIN KIN That in respect of Planning and Environment Court Appeal 1997 of 2024, Council through the General Committee Meeting dated 16 September 2024, delegates to the CEO the power to attend to all matters relating to its resolution. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Karen Finzel That the report of the General Committee meeting dated 16 September 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 11. CONFIDENTIAL SESSION Nil. 13. NEXT MEETING The next Ordinary Meeting of Council will be held at Council Chambers, 9 Pelican St, Tewantin, on Thursday 17 October at 10.00am. 14. MEETING CLOSURE The meeting closed at 1.08pm.
Meeting Transcript
Aunty Helena Gulash 00:03.401
Thank you, Mr. Mayor and Councillors. Today is no Ordinary Meeting. It's taken quite a while to get to this point. It is emotional. I would like to acknowledge the ceremony that took place earlier, the smoking ceremony, and the thank you. All looking pretty amazing in their ranger outfits. Artwork by the wonderful Linda Davis. Artist, educator, for me, today is definitely emotional. It has made me reflect back at least some decades as well as thinking back a lot longer than that. But it was in the past three decades or so that Kabi Kabi peoples decided to become politically organised. Kabi Kabi peoples have continued, families have continued to live on country and continue to care for country. Back in the 90s, we did decide to become politically organised. And it was an honour for me to be with my late mum, Lois Gulash, and my cousin aunty. Eve beazle, and her mum, Brittany Edwin. Aunty Eve just passed last year, and in August it was the first anniversary of her passing. So she's been recently. And we had. We actually started to. I suppose started to assert. Ourselves in terms of our sovereignty and our long, custodianship of this country back in those 90s towards the end of the 80s. And we spent a lot of time up here in the Noosa region. And that was because we had good names in the Council at that time. I won't name everyone but I think you remember one Mayor who was the Mayor for quite a while. In you remember one Mayor two steps and he was extremely supportive of Kabi Kabi peoples from that early stage. So I see this work as a continuation of what started at least some decades ago and it's the beginning of a whole new era. We were successful in our native title determination on the 19th of June this year, again very emotional time for us because our very first claim was submitted back in 1996, 1996 and I remember we were all there and sadly many of our old people have passed since then. But we are grateful for being in this position now to move forward with the current Council ensure to that Kabi Kabi peoples, our contribution to caring for this country, our unique connection to this place. We're not separate from the environment. Our culture is not separate from the environment. Our people are not separate. We are intricately interconnected. And we look forward to working more closely on many, exciting ventures into the future in collaboration with Council and community to bring to the table to the forefront the contributions that Kabi Kabi peoples have always made and can make well into the future, including with sustainable practices to address major issues that we have ahead of us such as climate change and we have many younger generations coming up there's so many talented Kabi Kabi peoples and I'm very proud to be here today sitting with fellow directors and with these younger generation of rangers and we all look forward to moving together because we all want a better future for our younger generations we want them to have a legacy of healthy country healthy people so look forward to all moving forward together thank you very much for the opportunity. Frank Wilkie 05:37.362
Thank you Aunty Helena. I too would like to acknowledge that we're meeting on the traditional land of the Kabi Kabi people and also pay my respects to those who are present and emerging. I reiterate your continual invitation. For us to join you as joint custodians in caring for this place that we love and caring for each other. Next on the agenda is item three which is the report direct to the Ordinary Meeting and directly reflecting what we've been talking about. This report is about support for the Kabi Kabi Commitment and we have Kim Rawlings here for this report. Kim can you give us a summary please. Kim Rawlings 06:28.183
Good morning everybody. I too would first like to acknowledge and pay my respects and thank our friends who join us today. Helena gulash, Director and secretary Brian Warner. Director Melissa Bond, Director Cecilia Combo, and Director Kerry Jones. Thank you very much. Also acknowledging chairman Norman bond and Director uncle Douglas I'm very honoured and privileged to be here in this moment, and forgive me if I get a little bit emotional. Thank you thank all, you so much for providing us this opportunity today and for sharing your time and wisdom so generously with us over many years but very much few months during the development of the Kabi Kabi Commitment. As we work together to strengthen our relationship, we are deeply grateful to you all. Thank you. I'd also like to thank you very much. Lynn Bamford, Andrew Saunders, and Kerri Contini, who unfortunately invaded today. I'm saying some sincere apologies. She's unwell. She would have loved to have been here. Thank you all for your immense commitment and contribution for getting us to this important occasion today and to the energy and passion that you bring for this Council and this community. We're very lucky to have people like you. Thank you. I feel very proud and privileged to present this report to you, Council. This report seeks council's acknowledgement, support and commitment to the Kabi Kabi Commitment. Importantly, this action marks an incredibly significant opportunity for Council to further demonstrate its respect for the First Nations people and our enduring commitment to care for the land, water and people of Noosa. Every so often an opportunity arises transformative with potential where the circumstances and timing are just right to partner in a manner that generates significant long-term and intergenerational benefit for the Noosa community. The Kabi Kabi is one of these opportunities. As part of the world's oldest continuing culture Kabi Kabi peoples have been living sustainably in the Noosa region for over 30,000 years caring for and regenerating the land. In late 2021 Council endorsed the development of a Destination Management Plan for Noosa as an important step in managing noosa's success as a sustainable destination. As part of that process and council's core our sustainability program and First Nations partnership Council worked alongside Kabi Kabi Peoples Aboriginal Corporation to develop the Kabi Kabi Commitment. The is an invitation from the Traditional Custodians of Noosa to residents, businesses and visitors to open our hearts and minds, become custodians of our collective home and ensure it is a place that regenerates and sustains nature now so that it can continue to sustain future generations in return. The Kabi Kabi Commitment builds on and celebrates the long history of sustainable development in Noosa. It aligns with the long-term values of Noosa values in environmental protection, stewardship and sustainability. Embracing the Kabi commitment honours this. It enhances noosa's culture of Different by Nature. It strengthens council's commitment to the greater good and reaffirms council's dedication to walk in partnership with Kabi Kabi peoples to protect, sustain and enhance the natural systems that we rely on. It is these natural systems that underpin our values and why we call Noosa home. It is these natural systems that must be managed sustainably and holistically for future generations to continue to thrive in this truly unique and special place. Council the report recommends that Council you acknowledge support and commit to the Kabi Kabi embrace the commitment. Shared principles of custodianship and co-stewardship of noosa's land and waters in partnership with Kabi Kabi as outlined in the Kabi Kabi Commitment. And note that Council will continue to partner with Kabi Kabi to identify opportunities to embed their knowledge traditions and aspirations in council's strategies, plans, projects and services across all key areas of Council work. I'd like to now invite each of the directors if you would like to say anything at this point. That would be amazing. And we can then ask Director Brian Warner to read the commitment and share that with us all. Aunty Helena Gulash 11:22.240
Thank you. Unidentified Speaker 11:35.747
Like to thank everyone for putting this major input into the commitment. Like many of us have said before, Kabi Kabi people were, they cared for the country, they looked after it. I think it's, all our backyard now. So about all of us working together and having that good relationship. And I think this is the first step. And we need to push that through. Country's, you know, whatever they represent. So thanks, everyone, for having the input. And let's look after country and get our rangers here involved in all this natural resource management. Thank you very much. Unidentified Speaker 12:32.545
I won't stand up because of my leg, but I'd just like to Unidentified Speaker 12:37.614
Say it's going to a great day, and we're coming together. Be working together, and it's going to be a long journey. Unidentified Speaker 12:47.107
And like I said, our ancestors were here for thousands of years. Now it's good to see our Unidentified Speaker 12:53.735
Rangers, our young-- the generation stepping up to care for country, and it's going to be great. And it's an honour to be here today, and a long journey, Unidentified Speaker 13:04.859
Which is today, to sign off. Yeah. Thanks. You, susanna. Amelia Lorentson 13:14.690
I'd like to thank the Councillors. Unidentified Speaker 13:16.187
Who invited me today, and acknowledging the commitment, and working together to a better future for our country. Thank you. Aunty Helena Gulash 13:33.765
I'll just Council, say thank you again. And thank you to everyone who's come along today to show your support, your interest and support, because we all have to do it together. I'd love to see younger ones down the front. I'll say a special "nara" to you both. Hello! I hope you enjoyed today. Thank you. Brian Warner 14:13.599
Welcome to Noosa, a place of great cultural and spiritual guys, but this has taken a long time and I'm a bit emotional. This is the place of shadows from the Guardian trees. It connects us all and draws us together from around the world. We the Kabi Kabi First Nations people are the Traditional Custodians of this land. We acknowledge ancestors and elders who nurtured and looked after this land. Without them we would not have the natural resources of the land that we have today. We are part of the oldest continuing culture in human history dating back 65,000 years. Our song lines and stories go back to time memorial. We have cared for this land through ice ages, climate shifts, great floods, volcanic eruptions and colonialisation. Through this time we have adapted and learned to care for that which cares for us. We have learned a deep custodian, a reciprocal relationship of all life in a shared country. In this modern world we often forget how much we depend on the natural systems around us. The trees give us clean air, the oceans give us a stable climate, the mountains and rainforests give us fresh water and the soil gives us healthy food. Without it, we cannot thrive. When healthy land is whole, it is generous and stays its custodians. As we care for and restore the land, it can once again care for us and continue caring for future generations in the face of growing threats. This is a Noosa we all want, a place with water we can swim in, streams we can drink from, food that nourishes the body, oceans that replenish the soul, and air that invigorates with every breath. A place of mutual flourishing where our natural world is as much a part of us as we are part of it. With this commitment we invite you to join us in opening our hearts to listen deeply, to learn intently, and embrace a life that shares this beautiful place with us. Pretty cool stuff, Ira. This is the key to custodianship. Having the humility and respect to care for and protect that which sustains us in return. There's still more to go. We invite you to tread lightly on this country and to listen to the Traditional Custodians to protect the totems representing all of country. We invite you to experience beauty of Noosa, from the koalas on the sacred mount korora in the west, to the white-bellied sea eagle fishing in the Everglades to the north. The humpback whale is migrating along the eastern Noosa headland and the loggerheads nesting on the white sandy beaches to the south. We invite you to share your experience. Of Noosa with others and encourage them to visit the region also with care and respect. Together we can be custodians of our collective home and transform it into the one that is enduring, one that nurtures and one that sustains nature now so that it can sustain our children indefinitely. We thank you for helping us make the Noosa story into one that redefines our relationship with the living world, that the place it defines what it means to be a biosphere reserve and shows the world how we are truly Different by Nature. This is a commitment we make together for our children and our children after. Welcome to Noosa. Lyssa. Unidentified Speaker 18:08.788
Oh, sorry, I'm kidding. Brian Warner 18:18.123
Yeah, we like this side, two words. Sorry, excuse me. Guys, excuse me. This is really emotional for me because it's taking a long time and people don't understand. We spent 30 years trying to get our data back and to each change, you know, they talk about change, changing people, changing everything. This is a change management strategy into the future. When I think about used to work for the Australian custom services border patrol today and look at. We used to get visas. I was thinking the of, you know, the highest level where. About visitor management and then this fella, Andrew Saunders from Noosa Council. Talking about visitor management. What can we do to get to that highest level to get that visa coming into the country? Where do I start? Why not start at noose Noosa? Of A love and beloved play? Place. I love Noosa. I love everything about its surroundings. I think it's one of the most beautiful places in the world. Knows Noosa. So why not start at Noosa? And we, as Kabi directors, are part of that Olympic legacy journey. So they're building Olympic villages and venues in our country. Why don't we come to the place where the world knows Australia? Start with Noosa first. Then we work through our country and build a commitment within to other local councils. Sunshine Council, I hope, and take on the commitment next. And Moreton Bay. And hopefully other nations, traditional nations, pick up this commitment. And take on that legacy too. Because it's about a legacy. And it's our collective journey as Kabi people. This is just not TAFE and JESTA. There's a lot more work to be done with this commitment. Because it helps to bring asset income, but also allow a relationship to build between, we're going we've got to start somewhere, right? Noosa Council and the Kabi people. And why not? We've got similar values. We've got environmental values, every deep allowance, and why not start where the stars shine, and show the world that this is the first place to come. And thank you for having us today. Frank Wilkie 20:47.224
Thank you, Kim. I'll move the recommendation. We're going to have a seconder, please. A seconder, Councillor Stockwell. Forgive me for relying on that. Those. I wanted to get this right. Today is more than an historic commitment for us all to unite and work together as joint custodians of this place we all love and call home. Today presents the opportunity for each of us to live more consciously, more mindfully, with deeper respect. Gratitude and appreciation for this most beautiful, incredible place and for each other. Today we also acknowledge the many who are already showing the way for our children. Who see they are growing in a place where people are striving to treat the land, its Flora and fauna, and everyone who lives there with kindness and care. As part of the world's oldest continuing culture, the Kabi Kabi have been living sustainably in Noosa Shire for over 30,000 years. Kabi Kabi people's relationship with the land is based on the notion for custodianship of the country, protecting, sustainably managing, and regenerating the natural systems that. We rely on for healthy food, clean water, fresh air, medicine, culture, shelter, and recreation. Today, through accepting this invitation to walk as joint custodians, acknowledge we all have a part play in caring for our shared place and its people. The commitment between Noosa Council and Kabi Kabi especially acknowledges noosa's First Nations people and their deep cultural connection to the natural systems that sustain us. This commitment also acknowledges the absolutely pivotal role that our residents, businesses and visitors have as joint custodians and reminds us that we all rely on god. On nature in order to thrive and prosper. This shared custodian approach with the First Nations people was inspired by leading global best practice examples including new Tiaki Promise and the palau pledge. Both of these underpin those countries' respective destination management approaches and expectations of all who live and visit those places. This document reaffirms our collective commitment to care for this place we all love. May today be remembered as an occasion where we collectively resolved, as a community, to commit to live more mindfully, with deeper respect and appreciation for Noosa, its incredible natural assets. Any other Councillors wish to speak to the motion? Brian Stockwell 23:58.161
It's a wonderful commitment and a pledge and it's one that if people, not just in this room, around this table, but across the community, understand and try to embody in everything we do, will lead to a greater abundance. In the future and we've heard a few numbers mentioned. We heard about indigenous occupation of this continent being at least 55,000 years of age. We heard the Mayor suggest 30,000 years of Kabi. Most people find that completely unable to understand what that means. So have a think about this river just behind us. Have a think how long here. It took to get there. Think about when lake githarabah was a freshwater wetland and the beach was out of the continental shelf and. Jiribah was on the mainland. Think about how long it took for the sea to come up as the glaciers subsided. How the first oyster spat came in and started to settle. Was now an estuary. How the fish followed. It took thousands and of years. The Kabi Kabi people have been here longer than the river. They have been, as they, in the commitment, been part of nature. And they've looked after it. So, from thousands upon thousands of years, the elders, in their thinking, weren't about three years' time. They were thinking about generations to come. I had a birthday recently. I'm officially old. And I think. Yeah, definitely. I think in this place, if we are really to understand the commitment, then far more of our decisions are made thinking about. Not just three years' time, not just ten years' time, but what in three generations, four generations can we do that will build the resilience and the sustainability of this community? So I thank the Kabi Kabi for reminding us of what's important. Living in a place and caring for it. And I thank all those in the room who will help enliven this commitment to be part of how we live our lives. Frank Wilkie 26:19.308
All Councillors will be signing this document shortly. Any other Councillors wish to speak to the motion? Thank you. Councillor Finzel? Karen Finzel 26:28.260
Welcome to everybody. Thank you for coming today. This is a real honour and a privilege to that we have. Strengthen the partnerships between ourselves and the Kabi Kabi people through this commitment. And together that we can move forward for the betterment of our peoples, for our land and each other. And I'm looking forward to starting that journey. It's going to be, have a few bumps along the way, but I'm confident that together we can keep moving towards a future where we can together can navigate this beautiful country and this place and welcome people that are coming to this country and to the people that live here. Together we can have a great future that we can all celebrate. Amelia Lorentson 27:14.932
Thank you. Catherine. I'll make this really brief. With an open heart, I'm honoured to join Council and the Kabi Kabi Traditional Custodians here today in celebrating the Kabi Kabi Commitment and embracing our role as custodians of this beautiful place we share. I pledge to protect this place we all call home and commit to a future where harmony among people, protection of our environment and a lasting legacy for our children are our shared goals. Thank you. Frank Wilkie 28:01.634
Councillor Nicola. Nicola Wilson 28:04.527
Very brief as well thank you all for being here today and I acknowledge it's the journey that you've been through so far and want to give my thanks and compassion to you for that very grateful and honoured to be here today so new in Council to be part of this journey with you thank you for inviting us to join with you and the beautiful reading of the Brian commitment Aunty Helena Gulash 28:27.488
And I'm really grateful that we can start this journey together for future generations Frank Wilkie 28:37.502
Else Jessica Phillips 28:37.662
Has said it thank you all Frank Wilkie 28:40.602
Right I'll put the motion those in favour unanimous I now move that the operation of Standing Orders or any relevant provision there will be a suspended to allow for the signing of the Kabi Kabi Commitment documents. May I have a second for that please? Councillor Wilson thank you all in favour? Thank you, unanimous, okay. Now we have the press thank you so much for your time today. Thank you. Sorry, can I stay for a few minutes? Org community just sign first? The press yeah. The press one, two. Unidentified Speaker 29:51.953
The press helena, would you like to go first? The press sign here and- Yeah. Okay. - You got a sign as well? Thank you I hope it's on. I need you to do this for me one as well. Side, this- How many minutes? Two. Is the minute. So see how you do it, two to one. Thank you. Unidentified Speaker 32:24.063
Can I get you to me? There you go. Unknown 33:01.420
There's two of them. Unidentified Speaker 33:36.947
Let's go see. It's about this way, just there. Frank Wilkie 34:07.722
Thank you very much. And that's the signing done. I now move to resume Standing Orders. Can I have a seconder please? Can a I have please? A seconder to Amelia Lorentson. All in favour? That's carried unanimously. Ladies and gentlemen, please bear with me. We now have a 30 minute adjournment. There's refreshments out front. We need to do some media for this. And we'll reconvene at 11.07. Thank you very much for your time. Patience. Your time, and I look forward to seeing patience. Okay, welcome back everybody. I'll now move to resume Standing Orders. Can I have a second please? Second. Councillor Finzel. All in favour? That's carried. Thank you. Next item of business is the confirmation of minutes. Can I have a mover and a seconder for the Minutes of the ordinary meetings? Thank you Councillor Lorentson. Seconder? Karen Finzel 35:37.414
Happy to second. Frank Wilkie 35:38.215
Councillor Finzel. Thank you. All in favour? That's carried. Move or a seconder for the Minutes of the Special Meeting held on 23rd of August, 2024? I'll move. Councillor Phillips. Seconder? So, thank you. All in favour? That's carried unanimously. We have received a request for the deputations to be moved up on the agenda. Happy to oblige that request. We'll do the same for questions as so we'll move to item nine which is deputations. The first deputation is from Rachael Morrison regarding bus service 5834. Rachael, Deanne payze and John cherry will be their presenters for this deputation. Would you like to come up to the lectern and present the deputation please? Thank you. Rachael Morrison 36:33.941
Good come morning Mr. Council and guests. My name is Rachael Morrison and I'm here today as part of the bus 5834 parent group. We thank you for allowing us to present this deputation. Our request is a simple one to reinstate the original bus route of 5834 in. It continues to service our primary and secondary aged school children. We request support and immediate action from Noosa Council to achieve this. There are a few points we would like to make. Last year, the CDC bus route should service a number of rural residential areas. Sorry, rural residential in this case, silver drive, hillborough drive, and Carrick Way, one for all. Our children, several of them primary school age, would walk a short distance from their home to a Hail and Ride stop. In the morning, the children would embark on the bus would undertake a reverse turn onto a cul-de-sac and then continue its journey. For the afternoon drop-off, the bus would undertake a reverse turn first, then the children would disembark and the bus would continue. This system has worked successfully and without any incidents for the last ten years on these specific problems. Roads. It should also be noted that there are, that they are all military roads in 50k zones. As of January this year, the bus route 5034, serviced by the State-funded private company CDC, servicing these roads. For this is TMR are no longer supporting reverse turns. The children of the previously serviced Carrick Way and surrounding roads, CDC and TMR established a new Hail and Ride in the T intersection of Carrick Way McKinnon Drive. For the children of the previously serviced silverwood drive and surrounding roads, CDC and TMR use the existing bus stop on the intersection of McKinnon Drive and silverwood drive. Bus. Upon complaints from parents of the dangerous location of the Carrick Way intersection air and ride, CDC and TMR deemed this route as a risk and took the stop away. So now Carrick Way school students have to make their way to the bus stop at the intersection of. McKinnon Drive and silverwood drive over two kilometres from their homes. Children who live in the silverwood drive area also have to use this bus stop on McKinnon Drive. This bus stop has created many problems which I will now outline. The present pick-up point is located in a 100km zone on a blind corner with no safety barrier in a high-speed and incident /crash zone with no pathways or infrastructure aligning this T-section of McKinnon Drive or silverwood drive. Residents will. Crashes along McKinnon Drive caused by sun glare, excessive speeding, near misses when. And driving down and ditches to avoid speeding motorists. This road. Oh sorry, many have not been reported to the police as drivers were forced to take evasive action. This road has a high volume of traffic because of an increased population and has a regular flow of logging and quarry transportation trucks. It's basically a mini-highway from Pomona, Cooran, Kin Kin and Gympie. Fifteen school children can be waiting at this bus stop in the morning. That is 15 children waiting to be hit by a speeding truck or someone in who takes the blind corner too fast. As parents, our children having to wait in this area of a morning is a constant worry. Our only other option is to transport our children either to school or to the Tewantin state school interchange, adding to the already heavy traffic at this time. And is the purpose of having a school bus. The stop has increased the risk of dangerous walking conditions for all school aged children by forcing them to walk on the road with no pavement, along blind corners, through vegetation ditches, the flooding dangers in harsh weather conditions and navigate section area to reach their school one primary school child is already twisted her ankle in this bus drop-off area. Children as young as seven are expected and may even have to walk between 1.3 and 2.2 kms to catch the bus to school. For example, a child who has been carried away is expected to walk over 2 ditch over-ridden area in a 100 kms zone if their parents cannot take them, then cross the busy T-intersection. Children who live in the vicinity of silverwood drive also have no pavement and have to navigate by corners, speeding motorists and incoming and outgoing vehicles across the T intersection at times. More child fatalities waiting to happen. The usage of the bus stop has further caused increased motorist drop-off as parents now have to drive their children from Carrick Way and the surrounds and silverwood drive and surrounds. This has higher density of traffic in the two intersection area of silverwood drive and McKinnon Drive. There is an increased volume of motorists who now have to turn around at the top of silverwood drive and dropping their children off at peak times with up to six cars navigating turns with limited child safety. Plus incoming traffic from McKinnon Drive commercial and outgoing residential traffic in the original route, parents did not use their cars. Their children could simply short distance to and ride their stop. Rain. TMR D deemed the existing hail and ride bus stop on McKinnon Drive as a safe stopping location. In a meeting last week we had with representatives, they stated that this bus than the previous hail and ride that they removed on the intersection on McKinnon and Carrick Way, also in the hunter-Cayton. However, the CDC bus driver stated the present pick-up point for children is more dangerous than the previous which then included. Reverse turns of the silverwood drive and Carrick Way. Just because there is an existing bus stop in McKinnon Drive does not equate to this being a safe pick-up or drop-off area. This was predominantly used as a senior bus stop for school, senior school children, the I should children say. Inside of the older people, which many parents are still unhappy about and complained about. And now it is a bus stop for children as young as six years old. We have asked TMI to lower the speed limit and they have stated that a 100k speed limit is an appropriate limit in this area and no plans for a speed limit reduction. They stated they reviewed this with Queensland police and Noosa Council representatives and there has been no notable change in road, environment or crash history, but locals will refute this. They also stated there are no plans bus stop nor bus start date. Provide appropriate signage. This decision to stop servicing silverwood and Carrick Way was made by TMR and CDC without any prior communication or consultation with residents or schools. A former principal in the area complained to myself and Sandy Bolton about the chaos that CDC caused every year with the disruption of removal their route changes. Of the original route has created a number of safety risks and dangers to these children. TMR and CDC have failed to provide and demonstrate alignments with minimal passenger impact. Nor have they provided a common sense risk approach to this route to change instead exposing children and their parents to a number of now situational risks which did not exist previously. We have had both sandy bolt MP and Councillor Lorentson visit this site and they were in agreement with the assessment of the situation. Also be pointed out that the bus service, the Good Shepherd bus service continues to conduct a reverse turn on south river drive. This is an independent bus company and not funded by TMR. We as a parent group have initiated an open communication. Approach between TMR, CDC, TransLink, Noosa Council and Stanley Bolton. We have seen little action or progression. This has been an ongoing hot potato since January and every day our children are exposed to a much higher safety risk waiting in a 100km. Off on the block. Blind corner rather than being picked up by a bus within walking distance of their homes. Therefore we need Noosa Council to support in action the reinstatement of the original route of 5834 that silverwood would drive in and Carrick Way in possible. A reverse turn has worked for the last ten years with an impeccable safety record as opposed to the mayhem, danger and angst that has been created for our children and parents. Decision made by TMR and CBC is not a one-size-fits-all. Exceptions have to be made when safely managing school-aged children in rural residential areas. Options for this include a smaller bus that can accommodate only some children that require this service. To provide a spotter on this service or use the buses that already have cameras for reverse turns. This is a quiet cul-de-sac, if I may add. Or a co-share with the Good Shepherd bus which was being discussed with Sandy Bolton and possibly Councillor Lorentson. We must emphasise we want the reinstatement of the original bus route. We do not want our children to use the existing McKinnon Drive bus stop. CDC is a foreign owned company with shareholder holders' interests at stake. This is a-funded service using taxpayers' money. They have taken it upon themselves as a cost-paying measure and are blaming this on a safety issue. Instead of continuing with the minimal risk of the original route, TMR and CDC are now exposing our children to an array risks with a much higher likelihood of accidents happening and potential multiple fatalities. We invite all of you to the intersection of McKinnon Drive and silverwood drive at 7:35am. And 3:45pm. On a school day to witness these risks. Finally, this is about providing a safe hail and ride service for our primary and secondary students within the vicinity of their home. CMC and TMR are not delivering this and are in breach of their own safety and community guidelines. This is about what suits them, not the best interests of the community. And how far will they go? Will they stop servicing rural areas altogether and parents are then forced to add to increased traffic volumes in Noosa? We are not asking for anything new know this can be solved. Term 4 starts on the 30th September and we are asking for support and immediate action for the reinstatement of a cross-route that we already have in the family safety record. Thank you and this is our next representative. John cherry. Frank Wilkie 47:44.954
Thank you. I just to bring up about some of the statements of TMR. That there hasn't been any accidents along the kern drive. There's been quite a few. I've lived out there for quite a long time now. One of them was airlifted right out in front of the rural fire station there. It was the corner of bellapont road. Bride there's been an help loader that pulled out of there with his dad who got hit. And his mum. A local mechanic that drove his car out there and just stopped sitting here by the court. There was another accident right out in front of coral found as well. And it just comes back it just comes to people driving far too fast out there. Um, and uh, yes, nothing seems to be done about it. We've made so many calls to police and Main Roads. Lot, basically. Just to have that ditch there for how long, in that ditch all the way up to the bus stops, it's just not good enough, it's not safe. Plus some of the kids are on the spectrum as well, they can't control themselves at the best of times and can't trust them to walk all the way up here and stay off the road. Pull just all around it's just a danger really. Deanne Payze 49:27.072
I'm Deanne and I live in Carrick way and there is no infrastructure on the side of the road. My son's 15 and he's more than capable to run 20 kms. He's really into his sport and stuff but I just won't even let him walk 2 kms to the bus stop because there's a skinny verge on the side of the highway and people are just flying along there at 100 kms. So I'm trying to work. My husband works FIFO. If I can't get my son to the bus twice a day, how can I hold down the job that I have to drive to the bus 2 kms when it used to come down our road? Quiet cul-de-sac, immersed. Pick the kids up and go out again. And the alternative of picking them up on the highway was even more dangerous. That was one of my questions to TMR last week, I don't know, to the CDC, was don't you balance those risks and check? Know, isn't this risk with lower than that one? And it was just a flat out, we're not reinstating reverse turns. The risk of them going on that highway is far greater than turning a bus in a little quiet, for god's sake. Amelia Lorentson 50:32.160
Thank you. Unidentified Speaker 50:34.033
Thank you very much. Frank Wilkie 50:42.241
The next deputation is from Patricia Spicer. Patricia, Paul Noonan and Phil Egan will be the presenters. Patricia, Paul and Phil would you like to come to the lecterns to present your dissertation please. Paul Noonan 50:56.438
Thank you Mayor Wilkie and good morning everybody. Unfortunately Phil can't join us this morning as he has to go to work. But I will read first and then Pat will complete that our deputation. I thank the Council for the opportunity to make this deputation. My name is Paul Noonan and I'm a representative of the residents of Dianella Court, Viola Place, Cowra street and nearby neighbourhoods in Cooroy. This deputation is a small part of response to the housing development proposed for 62 Lake Macdonald Drive. Due to the Council meeting being held during work hours, many residents from the group can't attend due to work and pass on their apologies. Today's deputation is in two parts with two speakers. Our aim is our to ensure the residents' reaction to the development is brought to the attention of all Councillors and senior Council staff. In saying this, we acknowledge the meetings we have had to voice our concerns with Mayor Wilkie, Councillor Stockwell, Kim Rawlings and other planners, once with CEO Larry Sengstock, who has delegated authority on some matters. And on site recently with Councillors Lorentson and Phillips. In response to our many detailed submissions outlining our concerns over several months, we also acknowledge council's recent supply of several technical reports associated with the proposal, including the 1,081 page contaminated site investigation report on September 6 after multiple formal requests. If I could summarise our situation in one paragraph, it will be this: A group of hard-working, community-minded ratepayers were horrified in late May 2024 to learn that Council was planning a broad-scale, high-medium density housing estate on the community open green space between their homes and Cooroy cemetery. Ninety making is the largest matters in worse, Council had been working on it without our knowledge for about two and a half years. It is easy to understand the need for more housing in the Shire. We don't see the sense in wedging 120 affordable and social housing units between the cemetery hill and our low density residential area on. Cooroy's urban boundary, remote from the town centre, without public transport and without the multiple negative impacts, the development would inflict on the locals. And no matter what community is affected, development like this must be impact assessed, as recent comparable developments have been, not code assessed. Housing density: A consistent density with the Dianella and viola precincts would commit about 25 dwellings. Further, the type of housing proposed does not include an essential liveability feature and on-site recreational area. Early consideration of these negative impacts would have been possible had Council been proactive and brought the community along. Or roadway. Council of are still intending to undertake major and irreversible sidewalks. Around the end of this year, an existing ratepayers have been denied an opportunity to review their options and where desired and sell out of their properties in an orderly fashion. Today, there are three houses adjoining the first development stage for sale and one being prepared for sale. A number of residents have been told that were the development to proceed as planned, depreciation of between $100,000 and $150,000 to be expected. Considering the modern, sorry, considering the modest modern housing model, this is of the order of 15 to 20% depreciation. This is a source of extreme stress to hard-working families who love their neighbourhood and is caused by council's late disclosure of the proposal. The stress and anxiety caused by the proposal is causing mental health impacts to many residents. We are not against the development of choice housing in Cooroy, however. Safety. Historically, the land was the official Cooroy dump, presented for sanitary waste and rubbish disposal in 1912. It appears to have operated as a the 1960s and contains all manner of waste materials generated by the growing township of Cooroy. Locals and various industries have had unrestricted dumping access to the land, which contains an area dominated by composted night soil and a larger area dominated by industrial mixed solid waste contaminated with heavy metals and asbestos. What about the dust blowing into our homes by excavating well over 20,000 tonnes of heavy metal or asbestos contaminated waste? Cemetery expansion the land was later purchased by Council in 1999 from the same Pat Spicer who will read the second part of our deputation today. We have it on authority that the 1999 purchase by Council was for two reasons. The firstly, cemetery expansion, which was DA approved in 2008 after much consultation with residents and offering more generous properties for less expensive use. And secondly, to avoid housing being built on the site. Both of these reasons deserve further consideration today, since 62 Lake Macdonald Drive is the only cemetery expansion land available in Noosa Shire. 2008, Council calculated the available land was expected to serve the funerary needs of the Shire until 2058. With a larger population now, and only a quarter of the cemetery expansion land to be retained, we don't see the maths working out as the cemetery will remain culturally significant forever. Council now propose to concede one hectare of the four originally purchased by Council for cemetery expansion. Half the hectare has already for a cemetery workshop. The remaining three hectares is proposed for housing, a centre basin, and a busy road placed a matter of metres behind the bedrooms of the low density Dianella Court and the old place homes. Due to the topography and road placement, this is another potentially life-threatening situation. The problems posed by this over-the-top proposal are so obvious to us and several urban planners of our acquaintance, it is hard to understand how the LD got this far. Council's vegetation clearing DA, approved in February without notification or opportunity to appeal, amidst the clear felling of a 12,000 square metre, almost 50-year-old plantation pine forest and 3,000 square metres of 50-year-old Gympie messmates, both considered a cultural asset of high value in council's subsequent June 2024 Cooroy cemetery conservation management plan. Coast2Bay, buying the first stage. In council's Ordinary Meeting 16, it was agreed to sell the proposed lot 1 at 62 Lake Macdonald Drive to social housing provider Coast2Bay. This was about a week before adjoining residents learned that there was any change of views proposed to the cemetery expansion land at all. We were later surprised to learn the council's authority to sell the land to Coast2Bay for such a purpose was contingent on certain still draft amendments to the Noosa Plan 2020 and the sale was by private agreement not tendered. Other local amenity impacts. One of our actions was to create a website to inform the public firstly that there is proposed development and secondly to illustrate the many problems the proposal will present to the Shire, the town and our ability to peacefully enjoy our homes in a quiet urban area. As we listened to five years of construction noise we got used to having two to three hundred new over the back fence. All of this in full recognition that the Shire will grow. We are not talking about NIMBY problems here. We are talking about inter-matched planning cope with the growing Shire population. The fact that flood water already rages in the environmental reserve on the lower Dianella rear boundaries and that at least two homes have already had extensive retaining wall repairs to flood water erosion. Almost half the 62 landowner drive hill above Dianella Court is forested and the forest holds the stormwater back for weeks after rain. Unlike broods and understand. Which must deliver the stormwater into our area sooner and in great volume, it all must drain to the only entrance to Dianella Court and flood the intersection even more than it already does. Water concentrate 120 affordable or social housing dwellings on a hilly site with about a 1.5km walk to the IGA where there's no public transport. If you live in a two bedroom apartment and drive a car, you'll be one of possibly 300 cars living a busy. Intersection of Dianella Court each morning. After repeated requests for the traffic study, we must assume none has been undertaken. So the flow of effects of Cooroy intersection hotspots can't have been adequately considered. Wildlife. Here's the thing. And here, in the Noosa Biosphere, why has so little attention been paid to the needs of our wildlife? Where do the koalas go when they need to move from the poor koala habitat on the southern boundary to the habitat trees up the hill? The black pups and the Gympie messmates. Dodging cars are looking for the trees that always use for cover. That is what they do. The future. National housing crisis or not, it is not the Noosa way to landlock hundreds of residents into small homes far from services and with no on-site recreational facilities. If the present need for housing genuinely on par with the shire's need for symmetry expansion land forever more, then let's find a solution where the scale of the development suits the constraints of the site. Let's not risk genuine harm to existing residents in our neighbourhood. Council has done a lot to maintain time in the village field feel of Cooroy for many years. We are fighting to defend our health and safety, the character and amenity of our neighbourhoods, the value of our properties and our beautiful country town, while looking for opportunities to contribute to new housing supply in a and it's the sign of the light. We seek to formalise our interactive meetings with Council at regular intervals where we can collaborate with up-to-date information on site planning. Naturally, we request updated versions of all present and future investigations, intersection upgrade plans, traffic studies and management plans for remediation, stormwater, erosion and sediment control, subdivision and landscaping, wildlife, etc. as they remain available. I refer you to our website, this is 62lakewoodtunnel.net, and to Pat Spicer, who will conclude our deputation. Thank you. Unidentified Speaker 01:02:35.094
Thank you Pat Spicer 01:02:39.640
Thank you, Councillors and Council staff for giving us the opportunity to present to you this day. Also like to pay my respects to the Kabi Kabi people. My name is Pat Spicer. My husband and I sold the land to the Council in 1999. Following on from Paul, I intend to address some additional issues and concerns of neighbouring residents. Community engagement is happening now, although an extensive range of background studies and site investigations have been conducted over the last two years resulting in decisions, reports or draft plans. All assessments to date have been done under assessment which means no public consultation is required. Good governance is transparent, equitable, inclusive and participatory. These good decision making processes have not been experienced. Access to documents has only recently occurred. All the face-to consultation to date has been instigated by the residents group. The remediation on the land is of particular concern to residents because of health risks of dust containing asbestos and heavy metals including arsenic. Complete removal of all vegetation above and below ground will loosen the soil creating dust even if watering down is used. The soil is to be sieved to remove old rubbish which will create even more potentially hazardous dust. There is to be no retention of vegetation on the site. This seems short-sighted in these days of global warming. The large trees, including the pine forest, are close to 50 years old. Ecological assessment report. 2022, recommends a native tree survey is prepared to identify the number of native trees required. To be offset. This has not been done, even though there is an accepted clearing vegetation plan, dated the 9th of February 2024. The ecologically important area associated with the Noonan waterway and spring has not been addressed either. A plan for managing fauna is recommended in the ecological report. The clearing vegetation decision notice lists fauna relocation and removal as the predominant management strategy. Fauna relocation ignores the territorial nature of native animals. Trees are important to fauna too. Council states new native plantings throughout the subdivision will offset the removal of existing native trees. With the proposed density of housing and Kris a brandhagen. Single. Brandhagen metre buffer zone along the shared fence line with Dianella Court. This offset target cannot be met on the site. Frank Wilkie 01:06:06.140
15 Minutes up, would you like to continue? Unidentified Speaker 01:06:09.384
Yes, I will. Okay. You very much. Be maintained on the cemetery expansion line. The understory restored with advice from landcare and the area you utilised as an attractive bush internment site. This fits with the recommendation from the cemetery management plan commissioned by Council in July 2024. Which states the pine trees and Gympie messmates should be retained because of the social amenity and cultural significance. I was totally shocked by the proposed density of the development. The proposal is not appropriate for the site or for Cooroy. Access for the proposed development shares Dianella Court. The northeast corner near this access road has an historic problem of flooding. The Dianella Court intersection already flows. Flooding is a particular. Concern for all Dianella Court, Viola Place residents because of the access problem and the property flooding they already experience. There will be no vegetation to slow down and disperse the flow of water from the site. Once houses are added to the land there will be increased surfaces so hard surfaces. Soil absorbs water, hard surfaces do not. Residents have no confidence that flooding to their blocks will not increase. Soil erosion will increase with vegetation clearing and soils sieving. Residents are not confident the erosion and sediment controls in the report will be sufficient to overcome this additional erosion will and landslide hazard from soil with no vegetation for stabilisation. Residents' retaining walls are essential for protecting their properties from raging flood water. See our website video. There is no confidence. Measures for both missions. To control stormwater on the development to prevent flooding of these. Properties or control the erosion and landslide hazard. Residents want Council to consider the impact this development will have on the Dianella Court area as well as the whole of Cooroy. The current proposed development needs to be changed to reflect and address. Community concerns. Going forward we want full community consultation and clear communication on how our concerns have been addressed. We are going to table copies of our deputation and also our notes from the meeting on the 9th of September for those who want them. Please excuse our group members who need to leave this meeting for personal commitments now. Thank you for the extra time as well. You. Frank Wilkie 01:09:18.461
We're also going to move question time forward, thank you Patricia. We have three submissions to public the first is from sue Agnew. So sue, would you like to come up to the lectern to read your question please? And the response will be provided by Shaun Walsh, Director of infrastructure. The structure will be read by Director Richard MacGillivray. Sue Agnew 01:09:39.726
Thank you, good morning. If I may just provide my very brief background, particularly my questions for context. It could be a minute if that's acceptable. So Noosa Shire Council provides filtered water, and filling stations at various locations across the Shire to provide residents and visitors with clean, drinking pure, and clean water that's safe and healthy to drink. Unidentified Speaker 01:10:03.277
These dispensers also encourage. A reusable drink bottle to reduce your plastic waste. Sue Agnew 01:10:08.883
It would be reasonable to assume that these dispensers contain some form of. System that removes impurities and contaminants from the water. Common contaminants people may typically want to filter out might include chemicals such as chlorine, sediments, handy metals and microorganisms. So my question is what exactly is being filtered out of the water in these filtered water bottom drilling stations in the Shire and where does the unsorted water originate from? Thank you, Sir. Richard MacGillivray 01:10:42.090
That's a great question. The filters installed on all of council's water filling stations are fitted with a five. Carbon block filter which treats turbidity, particulate reduction, and assists in reducing cloudiness. Turbidity, particulate, and cloudiness can be caused by traces of gravel and sand or dirt which remain in the pipes following routine repairs or treatment by water services agencies. The 5 micron filters will capture most of these contaminants. The filters are also installed to assist in improving taste and odours and will decrease chlorine compounds added by water service agencies. However, it will not totally eradicate chlorine in the treated water system. Supply by nuclear by Noosa Council's-- bottle filling stations is from the potable water system provided by water utility agencies. The water is treated by the water utility, Seqwater, treatment plants prior to being dispatched and supplied to the assets by our water utility, Unitywater pipe system. More information about these water utilities and their treatment and distribution systems and networks this is available via their websites. Frank Wilkie 01:11:54.596
Thank you. thank you, the second public question time is from Paula Braby. Paula, would you like to come to the podium and read your question and answer this one? thank you. Paula Braby 01:12:07.341
To answer my question, the general understanding of the community is that Noosa shire Council is a member of the Council of Mayors, South East Queensland, and that these meetings are an opportunity to meet and discuss ways to secure funding for our Shire in relation to cost of living, housing, disaster management, homelessness and perhaps many other funding priorities. The most recent meeting of the Council of Mayors was in Canberra in July 2024. Was Noosa Shire represented at this meeting by either Mayor Wilkie or Deputy Mayor Stockwell? If not, why not? Frank Wilkie 01:12:45.371
Thank you for the question. The most recent CoMSEQ meeting was a board meeting in Brisbane on Friday, September 13, which I attended. I've attended all board meetings where the group strategies and funding opportunities are discussed. In answer to your question, I chose not to attend the concept trip to Canberra because I instead chose to attend commitments made to regional groups well ahead of time. The fact that delegation was already well attended by many other mayors and was not fully funded by CoMSEQ with implications for Noosa ratepayers were also considerations. At the recent board meeting we heard that the Canberra delegation was an opportunity to present a share of strength get rather behind than it. I can confirm Noosa was well represented at the more pivotal and significant concept delegation to Queensland Parliament where I had the opportunity ahead of the October election to present noosa's specific housing, growth, planning, infrastructure and funding challenges. Both the Queensland cabinet and shadow cabinet. Noosa Council is still in the process of planning for venue upgrades ahead of the Olympics that have yet to be costed. When this is done we will be in a better position to make specific asks of the Federal or state government. Given that the core work is done at CoMSEQ board meetings as a top priority, the existing strength of the Canberra group to advocate for south east Queensland's growth challenges, cost to lose the ratepayers and the phase we are in, terms of freedom of explaining. I chose to attend local community I had already committed to some time ago, including one which has significance to the most vulnerable in our combined coastal communities and one marking the 30 year milestone for three community groups. Given the constant passion and obligations in this role, I must continue to carefully weigh up the value of all invitations in terms of their return to Noosa Shire and the region and how best to extend time and make pay as resources. Thank you for caring. You there are no Mayoral minutes. Oh, sorry, the third public question time is from Debra Walsh who has Felicity Dale reading out her question for her. Ms. would you like to say a you like to step to the lectern? Thank you. Read the questions and they'll be responded to by Richard MacGillivray, Director of Planning and innovation. Thank you. Unidentified Speaker 01:15:14.966
Council on fluoride have been asked in the past two years with responses personally seeking to cite legislation authorised by a range of authorities holding the same opinion to the ethics of fluoride. To ensure a balanced approach to the subject it would be beneficial to explore other peer supported reports as well. This would allow Councillors to explore all aspects and health effects to people in the Noosa Shire who are consuming fluoride through their drinking water. The say no to fluoride petition was tabled at the ordinary Council meeting in December 2023 and is yet to be activated by the CEO. Several reasons provided for delaying this action have been given. However, the community wishes to move forward on this important issue and suggests an information session to be held with Councillors on the pros and cons of consuming fluoridated drinking water. Would Councillors be open to attending such session? Unidentified Speaker 01:16:15.952
A you very much. Richard MacGillivray 01:16:22.030
Thank you very much for the question. The petition received by Council on 14 December 2023 and tabled at the December Ordinary Meeting I was referred to the CEO then to the appropriate council officers for response. Staff apologise for the delay with providing response but as you might appreciate the broad scope of the petition requires Council to diligently investigate the matter involving seeking technical. From Seqwater, the Queensland government of water supply authority for the Noosa region and Unitywater who undertake the water distribution services to the residents of Noosa. We anticipate the response will be provided to the petition in the near future. In terms of your request to provide an information session to Councillors, I will leave this decision for Councillors to directly consider upon request. I would advise that Council continues to rely on the Australian government National Health and Medical Research Council statement on water fluoridation and human health in Australia 2017 as the principal source of credible public health information. Fluoridation is also supported by big health bodies including the Australian Dental Association, the Australian Medical Association and the World Health Organisation. Thank you for listening. That's enough for us. Unidentified Speaker 01:17:39.819
That's all I have to say. Felicity Dale 01:17:44.212
Okay, so my next background is by issuing adult renewal notices to residents indicates Noosa Council may be facing financial challenges and require additional funds for general purposes. This is not the case. By not additionally, requiring dog renewal registrations can free up staff time and resources that can be allocated to other important tasks or services. By not requiring renewal dog registrations, Council can save on printing, mailing and administration. Costs in general. The benefits of applying a one-off platform dog registration include: 1. Residents can save money which is particularly beneficial for owners of multiple dogs. 2. Eliminates the need for residents to remember to renew their dog registration. 2. Eliminates the need for residents to remember to renew their dog registration. It simplifies the process and reduces the administration burden on both the resident and the Council. 3. Peace of mind for residents, knowing that their dog's registration is valid for the lifetime of their pet. 4. Residents can avoid late fees or penalties for failing to renew their dog's registration on time, therefore alleviating stress and ensuring compliance throughout the dog's lifetime. 5. A lifetime registration can help streamline keeping for both residents and the Council, ensuring accurate and up-to-date information on all registered dogs in the community. 6. The revenue generated from lifelong dog registration fees can contribute to funding essential services provided by Council, such as animal control, shelter operations and. Welfare programs. Residents can feel that their contribution is making a positive impact on their community. The question is, will Council consider abolishing dog renewal registration fees and. Associated late payment penalties in favour of reducing one lifelong dog registration fee for residents? Which is a realistic amount and one that can reflect. Council's expenditure on services provided for dog owners. Was Richard MacGillivray 01:19:51.802
The registration of domestic dogs is a requirement under Queensland law, the animal management cats and dogs act 2008. I acknowledge that councils in other states do have a lifelong dog registration process. However, dog registration under the act in Queensland does not allow for a lifetime registration process. It is important to highlight though that registering your dog does help Council provide essential services, and these services include managing aggressive and barking dogs, responding to and investigating dog attacks, providing pound facilities, reuniting lost dogs with their owners, and maintaining off-leash areas that have bins and doggie bags when needed. Thank you, cheers. Frank Wilkie 01:20:33.148
Thank you. Us now to that to the brings us now, there are no Mayoral minutes, there are no petitions. We have one notifying motion from Councillor Lorentson. Would like to leave the motion. I will leave the motion. Can we have a seconder for the motion please? Seconder, Councillor Wilson. Amelia Lorentson 01:20:56.744
7.1, Trial of remote rescue tubes and life rings at unpatrolled beaches. My motion requests Council request the CEO to provide a report back to Council that investigates the opportunity to install remote rescue tubes and life rings at selected unpatrolled beach locations with the possibility of conducting a trial of a single site prior to their action. Can we have another request? Can we put up a photo of what the rescue tube actually looks like? It's part of the report, isn't it? There are a number of remote beaches in Noosa that are not regularly patrolled by other professional or volunteer lifesavers. This report will seek to address the risk of drowning incidents in uncontrolled areas or during out-of-hour periods through the use of remote supervision and self-service rescue teams. In northern New South Wales, a trial has been undertaken where either a rescue tube or lifeline is strategically placed on an uncontrolled beach to be used in case of a potential incident to save lives. The trial has been shown to have been successful and its proposal the same may be possible this in time. Noosa Shire. Before a child can be conducted, it's requested that a review be undertaken to inform a report that will be presented to the Councillors to determine where the trial should be conducted. The report will include a review of the existing trial that was conducted in New South Wales, identification of potential. Sites, an analysis of the potential cost, a comprehensive breakdown of all identified risks, and a review of potential stakeholders and partners. Part of my report, I've been requesting the CEO to, one, report on the feasibility of conducting such a trial, two, to consult. Insurers. Insurance. Consult that the council's insurers will support the initiative and confirm that no additional liability would be incurred should the units be damaged, stolen, or an incident occur while using the rescue teams. Three, seek expert's I've been talking with Greg hackford, the team leader of lifeguard services at coffs harbour for the last 12 months. He pioneered the project and has rolled about 77 of these flight ships across central New South Wales and northern New South Wales and he's happy to. Come Council and provide insights, guidance and actually help us to set this up. Explore emergency beacons. Explore using surfly state in Queensland emergency beacons. With the tubes and liferings. This will allow beach boat goers to contact emergency response by pressing a button. Just some background and I'm being provided in the report that I submitted to Council. Rescued tubes and liferings are widely used across Australia, europe and the united states as essential public rescue equipment. Yet for some reason Queensland is lagging in adopting these life-saving measures. Coffs Harbour has implemented a successful remote rescue tube project across the central and northern coastlines of New South Wales and similar initiatives. Are prevalent in places like hawaii, New Zealand, zambia. From Escambia county in florida to the beaches of denmark and germany, these devices have proven effective in preventing drowning incidents. The global adoption of these tubes and life rings across the world and here in Australia highlights the need for Queensland to implement similar measures. For unpatrolled environmental areas. This initiative is strongly supported by community organisations such as the Noosa Boardriders Club, the Noosa Malibu Club, the Noosa World Surfing Reserve. The Noosa surfing community alliance and the Noosa Boating and Fishing Alliance. Two near drowning incidents in the past 12 months at North Sunshine and at Alexandria Bay highlight the urgent need for their water safety measures in remote areas. Despite long-standing requests for rescue teams throughout our national park at boiling pot, teatree bay, graded bay and Alexandria Bay, a recent surfly state and Queensland safety board unfortunately did not prioritise these devices. They voted instead on relocating the defibrillators and installing emergency access smothering. However, voting to prioritise it, our community does. Cross held the student Council 2019. Remote rescue trial. Two clubs saw strong community support, no incidents of vandalism, and demonstrated life-saving potential. Since its implementation in 2019, there have been no bystanders of community support, no incidents of vandalism, and demonstrated life-saving been reported. Potential. Since its implementation in 2019, there have been no bystanders evaluated with key stakeholders, ensuring a safer environment for I'd and also like to add that the Noosa Boardriders Club have already donated funds to the World Surfing Reserve for such a trial, and also the maybe lively. This. The maybe that risked their life and possibly could have drowned at north Sunshine recently, there's also community funding, so I think there would be an abundance of community and local organisations that would be happy to support such a trial. Frank Wilkie 01:27:15.521
Thank you. Anyway, I to speak to which speak to is about reporting and preparing for the feasibility of the trial. Can I have the answer, Mr. Thomas? Amelia Lorentson 01:27:28.195
No, only that is our opportunity to lead it in this space, and I'm hoping after the review that, you know, Surf Lifesaving Queensland will roll such trials through our national park. And I'd like to see this rolled over across a lot of our remote beaches. We just recently received an annual report from Surf Lifesaving Queensland. I actually have, you know, visitation numbers, and we have a lot of people frequenting our beaches, unpatrolled, unsupervised beaches, so I think there is an urgency to put these remote rescue tubes and life-saving equipment on these remote beaches. Frank Wilkie 01:28:19.279
That's unanimous. There are no presentations. That brings us to item 10, consideration of committee reports. Environment committee reports, 10th of September, 5.1 is referred to General Committee, 5.2 to the General Committee, 6.1, planning applications decided by delegated authority, July 2024. No remover and seconder for the Planning & Environment Committee recommendations to be adopted please. Councillor Lawrence, seconded. Councillor Phillips, all in favour? That's unanimous. Services & Organisation Committee report 5.1 was the Sunrise Shops, 5 leaves for renewal, that was 5.2 was referred to the General Committee. 6.1 was the Noosa cultural plan 2019-2023 implementation update. Can I have a mover and seconder for the Services & Organisation Committee? Moved by Councillor Finzel, seconded by Councillor Phillips. All in favour? That's carried unanimously. Audit and Risk Committee report. There's audit and risk- can I an have Audit and Risk Committee briefing paper on interim report, QRA and KPMG, risk management, BCP update, internal update, insurance management update, for the corruption and PID update, a mover and seconder for the Audit and Risk Committee recommendations? All in favour? That's Councillor Wilson. Seconded by Councillor Lorentson. All in favour? That's unanimous. General Committee Meeting report, application for a minor change to a town planning consent for indoor entertainment and extension of an indoor entertainment 31. Butler street, Tewantin, referred from the Planning & Environment Committee dated 10 September 2024. Councillor Phillips, do you have a declaration? I do, Jessica Phillips 01:30:03.475
Thank you Mr Mayor. I, Councillor Jessica Phillips, declare I have a declarable conflict of interest in this matter as my close family friend. Is on the building subcommittee and a long term member of the Tewantin netball courts. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the position she holds is not a decision maker nor is she an executive committee member. Neither I nor my family friends stand to gain a personal or material benefit from the decision over and above what any what other club members would gain and therefore I choose to remain in the meeting room however I respect the decision of the meeting on whether I remain and participate in the decision Unidentified Speaker 01:30:51.032
Not happy to move which one was moved? Frank Wilkie 01:30:55.136
Stay or go? Unidentified Speaker 01:30:56.335
Stay, yeah. Do you want which one Karen Finzel 01:30:59.132
That the Council make the declarable conflict of interest by Councillor Phillips and determine that Councillor Phillips participates and votes on this matter as Council believes that a reasonable person would trust that the final decision is in the public interest. Frank Wilkie 01:31:14.522
Thank you Councillor Finzel. Seconded by Councillor Wilson. Any further discussion? All in favour? That's carried and Councillor Phillips did not vote on the motion. Okay so we need to pass a motion about that. I'll move the community recommendation. Councillor Stockwell. We have a seconder for Councillor Finzel. Any discussion? Okay. All in favour? That's carried. Note 5.5.2.2 is application for a minor change to development approvals for a seafood kiosk at 185 waipare road, Bristol, which was referred from the Planning & Environment Committee dated 10 September. Amelia Lorentson 01:32:01.334
Yes. I'd like to move a motion, please. Yes. That Council note the report by the senior development plan and the Planning & Environment Committee meeting dated 10 September 2024 regarding applications numbers 51981.3345.01 and 51984.3.154.01 to make a minor change to two development approvals for a takeaway centre in kiosk situated at 185 Weyba Road Noosaville and a defer the decision on the application to allow Council and the applicant to. Co-fund and brief an agreement. An agreed Council to consider the separate legal opinions of each party's advisers and b that the opinion of Council should be provided to Council at a future meeting for consideration. We have a seconder for that. Seconded by Councillor Phillips. Councillor Lorentson. I'll speak to this, I cannot sit back and do nothing and allow what I believe to be an appropriate food business in an appropriate location to be shut down. There's been too much time and too much money that have been invested in this application by a young local family. Brian Stockwell 01:33:27.291
Point of order. She's not talking to the motion. Is about getting legal Council and she's talking about an applicant under the Planning Act. You are not allowed to talk about the interests of the applicant. You only can consider the nature of the application. Frank Wilkie 01:33:49.160
I am talking, I'm giving some context about what this involve. Can you help us understand how this will work? Amelia Lorentson 01:33:57.757
No worries. The applicant, rightly or wrongly, relied on advice given by Council officers over the phone. My motion in front of us proposes basically a middle ground. A position that saves pay money, saves the applicant's money and time, and in my opinion gives us a fairer process. Given that the applicant's legal advice is completely at odds with council's legal advice, what I'm asking is to defer the decision. I'm not suggesting that we close the application, but rather we pause it. To allow both to co-fund a senior legal counsel to review the conflicting legal opinions. The senior council's opinion would then be provided to Council for consideration before we make a decision. Final it feels as though we've rushed judgement without giving the applicant an adequate opportunity to present either a rebuttal or without seeking legal advice, further legal advice. This does not sit well with me and what concerns me most in this situation is the precedent we are potentially set in and the dilution of powers within this Council. What's the point in bringing an application before us if it's already been decided before we even have a chance to weigh in? We're facing a situation where a decision, in my opinion, is being driven opinion by a that is in direct opposition to the applicant's legal opinion. There's no right of reply, there's no opportunity for rebuttal and there's no review of this conflicting advice. Are Councillors, we're at a General Committee or recommended not to approve the application that was contrary to council's legal opinion. But I'm stuck and this is what I've been sort of you know thinking about over the last few days. Where does that leave us? As elected representatives? And where does that leave future applicants? Does an applicant in addition should pay all the necessary fees, consultancy, traffic assessments, engineering reports and design costs. Now do they also have to go and seek legal advice and pay for legal advice just to lodge an application? I can't understand how this aligns with a fair and transparent process we are supposed to uphold. We as councils are here to on applications based on merit. If that decision is challenged, then there's an established appeal process. The in my opinion, should pre-empted by a legal back and forth that excludes the applicant from a fair chance to be heard. And it's for that reason that I've put forward this deferral motion because it's fairer, less costly and because it also acknowledges the human element. That we're dealing with a local family who wants to set up a small business in our community. You. Frank Wilkie 01:37:08.727
Richard MacGillivray, can Richard MacGillivray, can we get some advice from you please about what this actually means, what's your position on it? Also, there was a comment made that the applicant received advice from a Councillor that of course they were taking. The client was the correct. Could you shed some light on that please? Richard MacGillivray 01:37:35.968
Yes, Through the Chair. So what's happened the what's happened application in relation to earlier this year the applicant provided a legal opinion to Council regarding their views that the proposal was a minor change. Officers reviewed that detailed legal advice from the applicant and reviewed that closely against the provisions under the Planning Act and was comfortable at that stage. Confirming that the advice was incorrect and inaccurate. As the report was being prepared, as an abundance of we sought external independent legal advice from a very well qualified legal firm that provides a lot of guidance and assistance for Council over many years. To provide some impartial independent information for Councillors to consider. Councillors have been provided with that independent legal advice and that has confirmed the position of Council staff is accurate and that it is not a minor change and cannot be a minor change because it involves a new use and that's been carefully therefore constructed. And therefore have very informed information that we should not or could not approve this as a minor change because it hasn't gone through the correct statutory process which would have been another change or a Material Change of Use. Which would have involved public notification. Which would have involved a full public notification being a successful application. Frank Wilkie 01:39:09.318
Could you go into what's been suggested here, what's your advice on the wisdom or otherwise of Council on the applicant co-funding letter? Councils, I haven't heard of this before. Richard MacGillivray 01:39:20.590
No and in all of my experience I've never come across a situation where an applicant and the assessment authority jointly fund a legal opinion and the reason that's not appropriate is that under Planning Act this is the reviewable decision there's an appeal process that exists under the act which allows for dispute resolution to be undertaken so if there is a dispute around legal interpretation there is a dispute resolution process the Planning & Environment Court who deal with these particular matters the usual first step is a mediation process anyway so that process exists my advice will be that this does not follow the correct statutory process and Council would be extending beyond the normal statutory process by seeking to fund joint opinion and unsure of what the consequences would be through a joint opinion in terms of legal precedent and also leaders that leave the applicant and Council at that stage as well noting that the advice that Council seeks is privileged information and advice as well to ensure that Council is informed as does the applicant receive their own opinion and advice on these particular matters. Frank Wilkie 01:40:39.340
Questions or comments on the motion Councillors? Karen Finzel 01:40:44.958
Yes, just with regards to your comment about this hasn't been done before, what's the perceived or real risk if Council proceeds under this proposal that we co-found and briefly free Council to consider the separate legal. Richard MacGillivray 01:41:05.803
Through the Chair. I guess that the main issue that exists is we are going outside of the normal statutory process that's followed under Planning Act. So we're actually going and I would say overreaching into a process to seek a joint opinion on something um around an a interpretation and we'll be seeking additional advice beyond our own independent legal opinion. So I guess in my view we've already sought our own advice for Council. Are we seeking that we're not happy with that advice and are seeking additional advice beyond what. We've already sought. So I guess I'm unclear why we would need to go again to fund the need to get further legal advice on a matter we've already sought advice on. So there will be more expense to Councillor and RACI? You know, to get similar advice again, which we have, which is very well considered and accurate and reflects the key principles of the funding act. And particularly around the term of substantially different development, which is the trigger for whether a minor change. Can occur or whether another change or a new measure of Federal use is required. Jessica Phillips 01:42:21.868
I have a question. Is it possible that this process could, alternatively, if we went to mediation, could this be a more cost effective measure? Richard MacGillivray 01:42:36.419
Through the Chair. Difficult to assume we'll end up in an appeal situation, so difficult to hypothesise. If an appeal was filed on a decision, the parties would fairly rapidly get together and the first step would probably be a court-ordered mediation, which is the experts sit down and flesh out the technical elements and whether they can be clarified at all if it's a matter of point of law. Jessica Phillips 01:43:06.210
Just one more question. I understand that it hasn't been done here before. Are you aware if it's been done in another Council that could give us some indication of the process? Richard MacGillivray 01:43:16.306
Through the Chair, in all of my experience at a number of local government authorities, I haven't come across a situation where both parties have co-funded joint legal advice. On MADIC given what usually happens is each party seeks their own independent privileged legal advice and if they're unable to Resolve those particular disputes they follow the normal appeal process. So in this case there is an appeal process with those things can be fleshed out formally through a proper process. Nicola Wilson 01:43:54.524
Could you explain again for us briefly what why it's a material change and not a monthly change please? Richard MacGillivray 01:44:00.822
Through this year it's very well detailed in the officers report. The important piece around a minor change is that it cannot constitute substantially different development. One of the key triggers around substantially different development is it involve a new use. Now you would be aware in the report there's a long history of the original approval when it was obtained, you know, almost 40 years ago. The use at the time did not include an extended use. So a bakery at the time when that approval was granted was a separately defined use. So immediately involves new a use. From what is originally approved and therefore cannot be substantially sorry it's substantially different development cannot be a minor change. In addition to that officers have also identified that there are new and different impacts than originally considered under the original approval. Now those additional need impacts to go through a fresh process, a new Material Change of Use process or another change to be adequately considered and in this case would also involve public notification given the zoning as well. So the community at large would have a say on this particular proposal if it went through the correct process. Amelia Lorentson 01:45:26.736
Just a couple of questions and I don't have all my notes here but 9774 is the planning scheme defined in the bakery outside the scope of the land use that was consistent with that block. I think it was 1990, and Council resolved to register a non-conforming existing use as a caterer shop. And my understanding and recollection of the definition of a caterer shop actually encompassed bakery, okay, patisseries. 2023, definition the moment, food and drink, actually, again, includes a bakery and a takeaway. How relevant is this historic change in definition relevant to the application of payments through this year? Richard MacGillivray 01:46:17.679
Thank you. So, I'll answer your First Point around the registration of non-conforming use. So, at the time, it was acknowledged that there was a reference to a caterer's shop, which had a broader definition than the original approval. As discussed at the General Committee, the registration the law for non-conforming use doesn't exacerbate or broaden the actual approval, the approved use. That registration of that law for non-conforming use was actually only the approval that it allowed for and the conditions attached to that. So, the seafood kiosk that was approved was registered, but that registration does not all of a sudden allow for a greater span of uses such as bakery and other types of uses. It is limited to the approval at the time it was granted back in 1973. So, that is continued through. Because planning schemes have changed, particularly around definitions, does not automatically guarantee that approval can be widened in terms of scope and acknowledging that the current planning scheme refers to a bakery being a food and drink outlet. That's, obviously, would be subject to a new application if they were to apply now as a food and drink outlet, and that would be, in fact, accessible under the current planning scheme in the residential zone. So, it relates to the time of when the approval is issued is the key consideration. The situation might be different. If the use was more broadly defined when it was originally issued and the definitions were more broadly nested, so it included other interchangeable uses, but it didn't and therefore is limited in terms of the scope of what can be applied for and used under that approval. Frank Wilkie 01:48:01.351
Richard, your advice is quite definitive to Councillors against this course of action because it suggests could compromise both parties' legal appeal-wise. So could you just explain how important maintaining integrity of both parties' legal appeal-wise is? Richard MacGillivray 01:48:25.696
Through the Chair, yeah, my main concerns as already highlighted is there is a clear statutory process for development applications to follow that's very well outlined. It's not uncommon where the parties might have a dispute around a particular decision or a matter of law and it's appropriate that each party seeks its own independent advice. There is a reviewable process which is the appeal process that can be followed if there are disputes and that's well utilised and there's a mediation process that does occur through that. However, it's improper to step outside of this process and may, as you said, compromise our ability to or Resolve an appeal of any particular description on the basis that we've sought advice co-funded so yeah I'm not entirely sure how that would pan out to be honest because I've never come across the situation of this nature before. Frank Wilkie 01:49:27.338
Thank you. Do any Councillors wish to speak to the motion? I'll put it to the vote. Councillor Lorentson would you close? Amelia Lorentson 01:49:35.408
I'll close by saying just because it hasn't been done doesn't mean it can't be done. We're dealing with a local family and the issue at hand is a fish and chip shop that's reconfiguring a kitchen so it can serve cakes and patisserie. Frank Wilkie 01:49:57.078
Thank you. Put it to the vote. Those in favour of the motion? Councillor Lorentson and Councillor Phillips. Those against? Councillor Finzel, Councillor Stockwell, Councillor Wilson, Councillor Wilkie. Get a motion, please? Brian Stockwell 01:50:16.931
I'll move the recommendation. Frank Wilkie 01:50:18.880
Thank you. We have a second for that, please. Councillor Finzel, Councillor Stockwell, we'll switch the motion. Brian Stockwell 01:50:29.001
Just briefly, some of the key words that the Director mentioned was that we are the assessment authority. And it's something that we as Councillors have to come to grips with. When we sit down for development application, we need to assess it against the act requirements and the scheme requirements. We can't, as has been suggested, take any heed of who the applicant is, by law. We can't try and play an economic development role and twist or turn the scheme provisions or planning scheme provisions to support something where the benchmarks in the scheme or the requirements of the act aren't met and in this case we have clear and unequivocal advice that the benchmark for a minor change for this application have not been met and therefore Frank Wilkie 01:51:33.681
That's the stop where you wish to close. Councillor Stockwell. Councillor Wilson. Councillor Wilkie. Those against? Councillor Lorentson. Councillor Phillips. The motion is carried. We now have the local domestic and family. Thank you, Richard. Family violence prevention champions network. Councillor Wilson. As a declaration. Nicola Wilson 01:52:18.735
I, Councillor Wilson, inform the meeting that I have a declarable conflict of interest in this matter as I am a volunteer Director of CAYAC Ltd from Maroochydore, a charity that supports of domestic violence among other services. While CAYAC is not the subject of a decision being made today to appoint a Councillor to an observer role in the network, I note that matters discussed in the network's meetings in future may be relevant to kayak's operations. I share this information for transparency and to support my nomination for the position having an interest and experience in this area. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because CAYAC is not the subject of today's decision and I am able to remain impartial. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Amelia Lorentson 01:53:08.072
I'll move leave that Councillor Wilson remains in the room and vote for the declarable conflict of interest and determine that Councillor Wilson participates and votes on the matter because Council believes that Councillor Wilson will be able to remain in and therefore a reasonable person will trust that the final decision is made in the public interest. Frank Wilkie 01:53:33.572
Seconded by Councillor Finzel. Any discussion? Put it to the vote. Those in favour? That's Councillor Lorentson, Finzel, Phillips, Stockwell and Wilkie. Councillor Wilson can now vote on it. So I'll move that Council make a report by community development coordinator to the Services & Organisation Committee meeting and endorse noosa's council's weak commitment to the domestic and family violence defence champions network and Councillor Nicola Wilson two staff members from community development, people and culture teams as Noosa Council's representatives to the network. I have a second if that please. I'll second. Councillor Phillips, thank you. Any discussion? Put to the vote. Those in favour? That's carried unanimously. The next item is the revised Standing Orders and other related policies and procedures. I'd like to move an alternate motion. Yes. Thank you. Amelia Lorentson 01:54:25.138
I'd like to move an alternate motion that Council note the report by the Chief Executive Officer to the General Committee Meeting, dated 16 September 2024, regarding the amendment of Noosa Council's Standing Orders and other relevant policies and procedures, and adopt the updating. The Standing Orders for Council meetings policy, provided at attachment 1, and repeal current Standing Orders policy, adopted 19 November 2020, with the following amendments to the updated Standing Orders. Section 15, deputations. Reject the proposed amendments and replace with the original wording as follows. 15.1, a deputation to attend and address an Ordinary Meeting of Council shall apply in writing to the CEO not less than seven business days before the meeting. 15.2, the on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard. Convenient time shall be arranged for that purpose and an appropriate time period allowed. Where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting. Deputations.4. For comprising three or more persons, only three pair persons shall be able to address Council unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation generally no longer than 15 minutes unless decided otherwise by the meeting. 15.5 the Chairperson may terminate an address by a person in a deputation at any time where: the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting. The time period allowed for a deputation has expired. The person uses insulting or offensive language or is derogatory towards Councillors or staff members; a of a deputation other than the appointed speakers interjects or attempts to address the Council; the person uses words or actions that discriminate or vilify based on a race, religion, sexuality or gender identity. Section 18, notified motions: reject the proposed amendments and replace with the original wording as follows. Section 18.1: A Council may bring forward to a meeting a motion on any matter within the jurisdiction or official cognisance of the Council by giving notice in writing in the approved form to the Chief Executive Officer. Least seven days before the meeting. 18.2: the Chairperson shall rule out of the order a motion which does not comply with section 18.1 of the Standing Orders. 18.3: notified motions shall be dated and reviewed. And recorded by the Chief Executive Officer as received. 18.4: where a Councillor Wilkie has given notice of a motion is absent or declines to move the motion, may be a moved by another Councillor or be deferred to the next meeting. 18.5 with a notified motion is moved or deferred, it shall not again be reintroduced without a subsequent notice of motion duly given as provided in section 18.1.18.6: at the meeting, a notified motion requires a seconder in order that it be dealt with. Section 41: deputations. Procedure the standing committee meetings. Reject the proposed amendments and replace with the original wording as follows. 41.1: A deputation wishing to attend and address the committee meeting shall apply in writing to the CEO not less than seven business days before the meeting. 41.2: the CEO on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, an appropriate time period allowed. 41.3, where it's been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting. For the meeting, 41 four. 41.4 where deputations comprising three or more persons, only three persons shall be at liberty to address the committee, unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation. Generally, no longer than 15 minutes, unless decided otherwise by the meeting. 41.4: the Chairperson may terminate the address by a person in a deputation at any time where: a the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting. B time period allowed for a deputation has expired or c the person uses insulting or offensive language or is derogatory towards Councillors and staff members. D a member other of the deputation than the appointed speakers interjects or intends to address the Council. E the person uses words or action that discriminate or vilify based on a person's race, religion, sexuality identity. The new petition procedures provided at attachment 2. C reject the new deputation procedure and retain the deputation procedures in the Standing Orders for Council meeting policy as provided for in item a. Reject the new public question time procedure provided at attachment 4 and retain the current public question time guidelines adopted on 17th of October 2019 and e adopt the Council investigation policy attachment 7 and repeal current Council Councillor investigation policy adopted on 19th of November 2020. Frank Wilkie 02:00:42.086
Question Councillor this looks like a wholesale rewriting of the Standing Orders was it circulated to councils before the meeting? Amelia Lorentson 02:00:51.037
Um no it was I gave to Cathy um as mandate as under our Standing Orders there's no requirement um to circulate an alternate motion you're quite right it's only a courtesy um if you would like me to explain this simply I'm happy to do so Frank Wilkie 02:01:13.064
No I'll just leave it um questions I'll second it thank you. Can much. I suggest a minor amendment? No, we need to wait for Councillor Lorentson to speak to it first. Amelia Lorentson 02:01:35.081
I'll speak to the motion. It's very very straightforward. Basically what I'm is that we keep the existing current original Standing Orders which align with the state's best practice model and we make only the changes that have been mandated by the State. The reason is simple. The current Standing Orders and procedures work. They're not broken. At the General Committee I asked and I'm still trying to work out what is the problem that we're trying to solve. I have got some data since the last meeting and over the last 12 months it's noted that we've had 17 deputations and over the last 5 years only 7 notified motions. There is no no issue here and in my opinion no justified need for drastic changes. The years this system has allowed Councillors and the community to raise their concerns and have their say. When we start limiting the public's voice through deputations or we start restricting the number of notified motions or we start putting conditions on public question time procedures we erode the trust and risk in our in we erode the trust and risk losing the respect of the very people who entrusted us with their leadership. People feel excluded or believe their concerns are being ignored, confidence in local government erodes. And that's exactly what happened at monday's General Committee. It left many in our community confused, frustrated, angry and deeply distrustful of our Council. We received a wave of submissions from residents, business associations and community groups, all asking the same questions. Why are we making it harder for them to engage with their elected representatives? Why are we reducing their rights to participate in decisions that directly affect them? This alternate motion seeks to restore fairness, equity and the status quo that has served us well. By maintaining the status quo and making changes unremandated by the State, we start rebuilding trust back in Council and unity within the community. We also have a statutory obligation under Council code of conduct section 150D 3.3, and I'm going to read this out because it encapsulates the essence of what's at stake today. Section 150D 3.3, under our Council code, we must thrive to maintain and strengthen the public's trust and confidence in the integrity of Council and avoid any action which may diminish its standing authority or dignity. If monday's message and all the information that we received over last week. That message that the community are telling us wasn't clear. I'm going to it out. Our community will not be silenced. They want to be consulted, they want to be heard. Respected. And they want their feedback to matter. Whether it's the river plan, the foreshore management plan or the Noosa Plan amendments, the community's message has been consistent. We aren't listening. This, in my opinion, could be the final straw. So today, Councillors, we're voting on more than changes to the Standing Orders to reinstate the original Standing Orders and do only what's required and mandated by the State. We are voting today to restore trust and integrity of this Council and us Councillors. I will say it again, when we start chipping away at democratic rights, we risk losing the trust of the very people we were elected to serve. Any amendment after this that undermines public participation. It's going to distance us from the values that we claim to uphold. I ask councils to reflect what's truly at stake today. It's not about procedure, it's about fulfilling our duty to the community and ensuring that their voices remain heard. It's about doing our job. So I ask that you support this alternate motion that maintains status quo and only makes required state mandated changes. Question number two. Frank Wilkie 02:06:35.189
Current settings, does it limit the number of people to three? Yes. It does. Per deputation. It doesn't matter. The question about upon application is the your motion on Monday asks that the applicant must provide Council with the deputation of topic and sufficient background material. Is that still included in that? I'm sorry, we didn't get to see this. Amelia Lorentson 02:07:19.299
So I have the original deputation but it's the same process that we've been dealing with at the moment there is no requirement for a draft of the script, but would be. Anyone wanting to present a deputation does provide just some background. Okay, so is that in with Councillor Lorentson? Yes, restoring it to its original could you point out where wording. It says that sufficient background material is provided? It's not explicitly stated. What's stated is deputations reject the proposed amendments and replace it with the original wording. So the original. Frank Wilkie 02:08:00.140
Can you show us where. New draft requires sufficient background to Amelia Lorentson 02:08:06.898
Be provided. It doesn't. This one doesn't. So I just walked away from Monday basically saying everyone's confused. Everyone around this table is confused. And I have presented an alternate motion and I included, I kept some amendments that I thought were reasonable. But after deliberation over the last four days I've walked back and just gone why are we doing this? And I could not for the life of me understand why we're doing this. So this guy's actually, now this guy's talking different, me, so this guy's goes actually back to our original Standing Orders, and it's only requesting changes mandated by the State. Nicola Wilson 02:08:58.388
Could I ask a question, whether you'd be open to a new minute at Unidentified Speaker 02:09:03.386
41.2, And I think it's earlier on 2. Nicola Wilson 02:09:07.926
I'm asking that's all I'm asking, I should be open to a minor amendment, which, sorry. Brian Stockwell 02:09:17.054
So point of order, you can't ask another account, so if you can support an amendment, you can either move one or not. Unidentified Speaker 02:09:21.981
I'm moving an amendment to 41.2. Nicola Wilson 02:09:28.887
There's two areas where the same wording is mentioned, and it says an appropriate amount of time, and I'm asking to put in brackets after that, up to 15 minutes, so that there is no confusion on time.2, or 7.2. Yes, that one, and it occurs earlier as well. I've now forgotten which number it was. Yeah, 17.2. No, they're not, I think. 15.4. Okay. Thank you. So after time period allowed, in brackets, up to 15 minutes. So at the end, of the session. After 15 minutes. Yeah. Amelia Lorentson 02:11:11.820
Can I just make a minor request before the motion is seconded? Can I request Nicola, Councillor Wilson, if she would consider, instead of up to 15 minutes, And that would align with the State best practice. Nicola Wilson 02:11:30.447
I think no, because I think that giving an example isn't actually clear. I think up to 15 shows that there's a maximum of 15 minutes, but you don't have to use the whole 15 minutes. Frank Wilkie 02:11:42.354
Can we have a seconder for that, please? Brian Stockwell 02:11:47.174
I'll second for the purpose of debate. Frank Wilkie 02:11:49.855
For the purpose of debate, Councillor Wilson, can you repeat that? Nicola Wilson 02:11:54.449
I agree that in general, I wasn't sure why we were changing the Standing Orders to start with. And when we have had sessions about this matter, we go round and in circles, is it 5 minutes, is it 15 minutes, I was never against it being 15 minutes, particularly, and at the end of the day, it's not about me, it's not about us, it's about the community wanting to speak. So we've heard loud and clear that 15 preferred. We also know that not everyone needs to speak to 15 minutes. So I think up to helps to address that. And I think where we give just examples or appropriate time periods, it's just not clear enough. And so what we just want is a number of minutes, and let's stick to it. Frank Wilkie 02:12:34.999
Thank you, Councillor Wilson. Look, I'll support that. I mean, the whole, one of the reasons why this was being done, apart from updating the Standing Orders with the mandated changes, was to help clarify the guidelines, areas where there is misunderstanding. So helps to do it. This example, 15 minutes doesn't really. That's the State saying you can allocate any time you like, where this is more definite. And as we heard today, there were some very good deputations could be heard in that time. I think clarity of time is the important thing. The Council will speak to the amendment. Do you wish to close? Put it to the vote. Those in favour? That's unanimous. I'd like to try an amendment also. Unidentified Speaker 02:13:32.386
Thank I think it's 17.2. Amelia Lorentson 02:13:35.130
You should have actually said 17.2. We're going back to the original. Yeah. That's actually 17.2. That's correct. Sorry, apologies. No, it's just a typo. Sorry. 17. Unidentified Speaker 02:13:54.792
I even know chapter and verse. Frank Wilkie 02:13:58.072
Okay. Jessica Phillips 02:14:03.932
I have a question. Yes, Jess. Just maybe to Councillor Lorentson. Just in relation to the amendment that you've put forward, does it include the question time changes to nine? Amelia Lorentson 02:14:24.398
Yes, it does. So cover question time procedures, the original staff recommendation of the nine was that the applicant or the proxy non-staff member must be present at the question to be heard and shall follow the direction of the Chairperson which meant that if someone submitting a question was not present and didn't have someone to present on their behalf, normal Standing Orders allowed for staff members to read the question out. The original staff revised amendments took that ability away so my the alternate motion goes back to the original wording which allows staff members to read the question on behalf of a resident or applicant if neither the applicant nor the proxy is present. Thank you. Unidentified Speaker 02:15:23.597
With the original, I don't know Karen Finzel 02:15:29.102
The number that it was, it said not to be a staff member or the CEO. From my understanding when I read that it could be interpreted that an actual Councillor could actually read it out. That correct? Well I don't have it in front of me from memory reading that, where is it? Unidentified Speaker 02:15:58.737
Question in public, Amelia Lorentson 02:16:02.777
Question in chat. Karen Finzel 02:16:15.800
I'm after the bit where it actually says that it can, the recommendation was from the staff that we were not, that it was changed to the CEO would not speak and the staff member could not speak. The presenter or the person putting up the question had to be in speak. Has it changed? Yes. Where's that place? Unidentified Speaker 02:16:38.829
Yeah, we're going back. This is the procedure. If we go we're going back to the original existing Standing Orders and it goes back to number 19. Which means that the speaker or the person asking question does not have to be present. We can do it at the start, then you can ask the question and answer the question. But then there was no discussion, no follow-up. Karen Finzel 02:17:07.044
Oh, so we're going. Sorry, the Chair, so we're going back to the original standing that's the proposal, Karen. Oh, sorry, we didn't have time to read this, I do apologise. That's challenging for us, thank you. Frank Wilkie 02:17:23.530
I'd like to move an amendment to 17.3 it reads: where it has been determined that a deputation be heard, a draft script will be provided. And the deputation and topic of the presentation must be included in the public agenda of the meeting. That's it yeah okay, so where it's been determined that a deputation be heard, a draft script must be provided, and the deputation and topic of the presentation must be included in the public agenda of the meeting. Karen Finzel 02:18:31.850
Can I have a seconder for that? I'll give you a second to the point of debate, Frank Wilkie 02:18:35.756
Chair. Thank you. One of the. One of the purposes of revising this was to make this more meaningful, a more meaningful public engagement process. And so one of the strongest bits of feedback we've received in recent times in response to deputations and this is that. Time. And this happened at the Pomona Ordinary Meeting in the community. Were really pleased to hear Council responses to questions provided ahead of time and that helped them have a meaningful understanding of the topics that have been raised. When we had the deputation come out of the meeting, no fewer than six people came up to me afterwards and said, why can't Council provide a response to the issues raised in the deputation? What are the answers to the questions? What's council's response to the requests? And I thought that was a really good idea and said I would consider that when we were revising the Standing Orders. We heard some excellent deputations today and for the benefit of everyone in the gallery and everyone listening, it would be far better for having informed public discourse if there was a response provided to the questions raised and the requests made in the deputation. It just makes for a more meaningful public engagement process. At the moment they're listening very well. But there are some questions and requests that the community will have answers to immediately. So if you provide a draft script, that will allow staff to make a response. And I acknowledge that we also, if you want to go into the site we also have to amend it to allow there to be a response provided to deputations. That's the purpose of having the draft script. Just like questions are provided in advance. So accurate and factual and meaningful answers can be provided back to the community in real time. Same principle of time for deputations. To make it a more meaningful two-way public engagement process. That's the purpose of that. Jessica Phillips 02:21:05.500
Quick one. Just a question then. It doesn't clarify that in this amendment though that we would then provide a response. Frank Wilkie 02:21:14.860
This is a test so if you want to go to that part but another also have to another amendment in that the Council are able to provide a response to deputations in the meeting. It'll be a two-step process. This is testing to see if you're open to trialling that in response to deputations. Amelia Lorentson 02:21:37.250
I'll speak against the amendment. Firstly, it's too onerous. It will limit people's ability to participate because not everyone can write a script. Also, the purpose of a deputation is that it needs to be an accessible platform. Again, this will limit people's willingness to want to participate if they have to again prepare a script. Councillor Wilkie, you mentioned meaningful engagement. I believe it's more if questions are asked of Councillors and the Mayor or staff that haven't been prepared. So I'm going to go against this. Councillor Wilson. Nicola Wilson 02:22:25.796
I will speak against it as well. I believe at the point of whether a deputation may be heard. Sorry, I'm saying this really badly. At the time of making the application to be heard, you may not have already written the script by then because then if you're going to get told no, it's not going to be heard, you would have wasted your time writing a script and it would actually look like we're then looking at the content of the script and deciding on that basis whether the interpretation should be heard, so it would look like a gagging procedure potentially. However, I would be open to an overview and at the applicant's request. Of whether they actually want a response at the meeting. Frank Wilkie 02:23:12.802
So just a question, Councillors were saying, rather than a draft script, an overview and background material would be provided? Yes. Instead of a draft script. Instead of a dry stir Fry. So that's the same place. Yeah. If the Council stopped. Brian Stockwell 02:23:32.562
Excuse me Mr Chair, I do have to leave the meeting. I will join via Teams and we'll vote on the matter that way. You, Councillor Stockwell. Unidentified Speaker 02:23:40.708
Need to. He's on. Frank Wilkie 02:23:50.567
Well, can we. Sustained. No, no, you can just move it. I'll just get it for you. I got him. I got okay. If we have someone move a motion, then Councillor Stockwell will be allowed to attend the meeting via Microsoft Teams. Councillor Wilson, seconded by Councillor Finzel. All in favour? That's carried. Carry we now have our we now go back to the amendment about the draft script. Oh, so we now go to the amendment about the draft. Councillor Phillips. Jessica Phillips 02:24:38.463
I just want to speak against it, Mr Mayor. Based on probably the deputation that we saw this morning and how meaningful that was to hear from them and I don't believe just some of the general public would appreciate having to provide a draft script when they can speak from the heart like we saw today and I thought that was much more meaningful. Thank you. Frank Wilkie 02:25:02.060
Councillor Stockwell, do you wish to speak to the amendment? Okay. Okay. Councillors, I accept that. Bear in mind the idea of having a response, a meaningful response, in this forum at ordinary means came from the community. So this is responding to their requests. Very loud and clear at the Pomona Ordinary Meeting. Shall so have we have some other way of allowing some meaningful feedback to be given in response to deputations. I'm entirely open to it. But I accept what you said about how the script might be a bit there were two or three people at least today that spoke directly from scripts that were really well written and I accept what you said. So I put the amendment to the vote. Those in favour? Those against? So it's locked. It's lost. Unanimously. So if anyone's, well, could we try something else? 17 point, another 3, where it's been determined that a deputation be heard, an outline the issue, and background material will be provided. Be provided, and there is it as read. Do we have a seconder for that to test this one? Jessica Phillips 02:26:40.055
I'll second it for the purpose of debate. Frank Wilkie 02:26:41.604
Thank you Councillor Phillips. Yeah, Councillors, this is Cathy, Jessica, Nicola, sorry, that's okay, yeah, I know. So Councillors, I want to repeat what I said before. What's driving this request for more meaningful feedback and if you're wanting to go towards a situation where deputations are heard and then the main issues in them are responded to. Is the first step, then we would say that putting another clause that deputations can be responded to by Council. Unidentified Speaker 02:27:24.001
You, just a question. Karen Finzel 02:27:27.538
Yeah, can you just please clarify a response back to the deputation where like where are you heading? Do you want staff to give a response back to the deputation when it's delivered? Frank Wilkie 02:27:38.990
Yeah, so just as in question time. As we heard, it's a similar principle that applies to question time. So the community submit questions ahead of time and then staff are able to research and give a meaningful answer to that immediately during the Ordinary Meeting or the General Committee. Same principle could apply for in response deputations and this is what the community, at least six community members requested of me and probably they might have said the same thing to you at the moment of the meeting. So this is. It's quite a lot and a lot of interesting of us. Well, in answer to the question is, when would it be provided? It would be provided in real time after the Ordinary Meeting by the Council staff or, as in the question that was directed me to that, by the relevant Councillor. Depends on the nature of the dedication. Other questions? Amelia Lorentson 02:28:46.989
I'm going to vote against the motion. We're managing a problem that doesn't exist. Nicola Wilson 02:29:02.029
I would suggest taking out our background material because I think that's vague and unclear. Frank Wilkie 02:29:10.358
Okay, we can do that as an amendment. To that. Any other Councillors wish to speak to Lucia? Karen Finzel 02:29:19.965
Yeah, look, I do. Look, I think I won't support this today. In principle, I like where we're heading because I think that information, you know, is a two-way street. It's communication in and out. And we want a nice flow where everyone has equal say. I'm against this because I feel like we're making these decisions on the hop and we're trying to word them on a matter that, you know, has great scrutiny right now from the community. I feel that, like, the process that we're going through today is not serving our community in the best manner we can. When we're talking about how we're doing this around the table. So given that, because I don't think this has been properly worded, to give really clear, concise information back to our community. Given those reasons, I just don't think this is the way to be addressing this. As everyone knows, I raised a procedural motion in the last meeting, which was unsupported, which is I accept that. It's a democratic process. But you know, the reason I requested that is because I don't believe that we should be doing these matters at a meeting like this, given also that Councillor Lorentson, we did not have the courtesy to see what was before us. Point of order. That's my own opinion, my apologies. If that's out if that's out of order, I do apologise Through the Chair, to the table and to the community. My apologies. So that's why I won't be supporting this, because I think it's down to the reasons that I've stated. Frank Wilkie 02:30:52.999
Talking about point of order, Councillor Lorentson is quite correct. It's not mandatory that we circulate these things. It is only a courtesy to say that we're your so you're technically correct. Karen Finzel 02:31:02.429
Alright, Through the Chair, thank you, I accept that. Frank Wilkie 02:31:05.272
So Councillor Finzel, a question to you. Is your reluctance to consent to this particular amendment linked in any way to your feeling about the whole side of changes that have been presented that need to go right at the moment, that were presented with and have to work in out today? Karen Finzel 02:31:26.395
My opinion, I just think that we're not serving our community with best practice and governance with how we. We're presenting this today. That is my opinion and that's how I feel about that. Frank Wilkie 02:31:43.870
Any other Councillors wish to speak to the amendment? Jessica Phillips 02:31:45.461
I will keep it very short and I will agree with Councillor Finzel just on the constant amendments and how I don't feel like we're serving the community in the best way either. Frank Wilkie 02:31:54.081
Well, then I'll move the procedural motion that this matter be deferred to the next meeting round so Councillors can get across what's been proposed. We had many months, well we had several months and workshops about the proposed changes. This is taking us back in another direction. So I accept what Councillor Finzel and Councillor respect that, and I think it. On this, we need to get this right. So I respect your positions on that and have you referred to October meeting. Karen Finzel 02:32:39.039
Thank you, Mr Chair, for taking that on board. I will support the motion. Frank Wilkie 02:32:42.160
I'll show there's no need for a segment a seconder for yes, there is. I'm sorry, we haven't talked to you in a while. Being drilled. All in favour? Yes. Yeah. Councillor Finzel, Wilson, Wilkie and Stockwell. Those against are thrown into the October meeting round. Lawrence and Phillips. And that's. Carried. Right. Next we have a confidential item, not a public release. So can I have a seconder for the General Committee recommendations? Oh no, that's just the recommendations. A movement seconder for the General Committee recommendations to be adopted except we're dealt with separately. Do we have a movement? Thank you for Councillor Wilson. Seconder? I'm happy to second. Councillor Finzel all in favour? That's carried. Yes. Okay. There are no confidential items. Thank you very much. That brings us to the agenda. Ordinary Meeting will be at 5pm on Thursday 17th of October. Council chambers in Tewantin. Cleared to be closed at 1:08. Related Noosa Council Meetings
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