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: Commitment to Kabi Kabi custodianship adopted, Community opposition to 62 Lake Macdonald units, Bakery addition refused, Bus safety advocacy, Beach rescue trials, Standing Orders changes deferred.
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)
AI-Generated 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 00:02.760
Thank you, Mr. Mayor and councillors. Today is no ordinary meeting. It's taken quite a while to get to this point. I would like to acknowledge the ceremony that took Thank you Cecilia, Melissa, Kerry, Brian, and the Kabi Kabi Rangers. It is emotional. Pretty amazing in their Ranger outfits, with artwork by the wonderful Linda Davis, coming from artist education, 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. 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 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 Skoolash. Year, and in August, it was the first anniversary of her passing. So she's been on the line recently. And we had, we actually started to, I suppose started I suppose started to assert ourselves in terms of our sovereignty and our long, 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 friends 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 and did two steps, and he was extremely supportive of Kabi Kabi Peoples from that early stage. I won't... 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 19th of June this year. Again, very emotional time for us because our very first claim was submitted back in '96, 1996, and I remember you 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 to ensure 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... We are intricately interconnected. And we look forward to working more closely on many, many exciting ventures into the future in collaboration with Council and community to... to bring 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, 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 generation of Rangers. younger. 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. legacy of healthy country. Healthy country, healthy people. So, look forward to all moving forward together. Thank you very much for the opportunity and the opportunity to speak. Frank Wilkie 05:37.641
Thank you, Aunty Helena. I too would like to acknowledge that we're meeting on the traditional land of the Kabi Kabi people. We also pay my respects to those past, present and emerging and 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 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 06:27.560
Good morning everybody. I too would first like to acknowledge and pay my respects and thank our friends who join us today. The Board of Directors from the Kabi Kabi People's Electoral Corporation, Director Anne-Carolina 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 I'm very honoured and privileged to be here in this moment and forgive me if I get a little bit emotional. Thank you all, thank Thank you all, thank you all 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 community. As we work together to strengthen our relationship, we are deeply grateful to you all. Thank you. I'd also like to- Dr. Madhavi Bikri, Council. Bikri, Council. Cheyenne Armand, thank you very much. Lynn Bamford, Andrew Saunders, and Kerry Katini, who unfortunately couldn't be here today. We've seen some sincere apologies. She's unwell. She would love to have been here. Thank you all for your immense commitment and- Cheyenne. Lynn Bamford, Andrew Saunders, and Kerry Katini, who unfortunately couldn't be here today. 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 acknowledgment, 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 with transformative 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. Kabi commitment 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 success as a sustainable destination. As part of that process, and Council's core sustainability program and First Nations partnership Council worked alongside Kabi Kabi Peoples Aboriginal Corporation to develop the Kabi Kabi Commitment. The Commitment is an invitation from the traditional owners of Noosa to residents, businesses and visitors to open our hearts and 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 environmental protection, stewardship and sustainability. Embracing the Kabi commitment honours this. It enhances Noosa culture of different by nature. It strengthens Council's commitment to the greater good and reaffirms Council's dedication to a walking partnership with Kabi Kabi peoples to protect, sustain and enhance the natural systems that we rely on. Because 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 commitment. Embrace the shared principles of custodianship and co-stewardship of Noosa land and waters in partnership with Kabi Kabi as outlined in note that council will continue to partner 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. 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. Thank you SPEAKER_17 11:22.673
So much for having us all. SPEAKER_03 11:33.613
Thank you. I'd like to thank everyone for... 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 think it's all our backyard now so it's all 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 to setting up councils that come together. So thanks everyone for having the input and let's go after country and get our rangers here involved in all this natural resource management. SPEAKER_02 12:31.860
I won't stand up because of my leg, but I'd just like SPEAKER_14 12:35.960
To say it's going to be a great And we're coming together, working together. And it's going to be a long journey. And like I said, our ancestors were here for thousands of years. Now it's good to see our rangers, our young, the young generation stepping up to a careful country and it's going to be great and it's an honour to be here today and a long journey which is today. I'd like to thank the councillors who invited me today and acknowledging the commitment SPEAKER_02 13:20.820
And working together to a better future for our country. Thank you. Aunty Helena Gulash 13:33.149
I'll just say thank you again to the council and thank you to everyone who's come along today to show your support, your interest and support. Because we all have to be in it together. I'd love to see the younger ones down the front. I'll say a special Nara to you both. Hello. Brian Warner 14:04.606
Would you like me to read the Kabi Kabi SPEAKER_02 14:07.026
Commitment. Brian Warner 14:09.286
So this is the Kabi Kabi Commitment. Welcome to Noosa, a place of great cultural and spiritual celebrity. I'm sorry, this has taken a long time. One bit of mushroom. 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 our ancestors and elders who nurtured and looked after this land. Without them we would not have the natural resources of the land 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 are 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 to develop a deep custodian 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 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 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 with every breath. Apply some neutral our natural world is as much as 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. 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 the beauty of Noosa, from the koalas on the sacred Mount Aurora in the west to the white-bellied sea eagle fishing in the Everglades to the north. SPEAKER_17 16:52.321
And it's amazingly wearing that today. Ganga is our language name for the white-bellied sea eagle. Brian Warner 16:58.501
The humpback whales 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. We invite you to share your experience. Together we can be custodians of a 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. 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 that 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 SPEAKER_02 18:08.480
Oh, sorry, I'm kidding. Brian Warner 18:17.060
Yeah, we'd like to sign a few words. That's all right, thanks. Sorry, excuse me. This is really emotional for me, because it's taken a long time, and people don't understand. We spent 30 years trying to get our data back, to M2, each. Change. You know, they talk about change, changing the people, changing time, changing everything. This is a change management strategy into the future. When I think about, used to work for the Australian Customs Service, it's Border Patrol today, but Border Force today. And look out, we used to get visas. I was thinking of, you know, the highest level where, about visitor management and What can we do to get to that highest level to get that visa coming into the country? Where do we start? And why not start a Noosa? A beloved place. I love Noosa and everything about its surroundings. I think it's one of the most beautiful places in the world. The world knows Noosa. So why don't we start a Noosa? And we as Kabi directors are part of the Olympic legacy journey. So they're building Olympic villages and venues in our country. Why don't we come to the 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 safe and just. 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 We've got to start somewhere, right? Noosa Council and the Kabi people and we've got similar values, we've got environmental values, every deep allowance and we want to start where the stars shine and share the world because this is the first place to come and thank you for having us today. Thank you. Frank Wilkie 20:46.680
Thank you Kim. I'll move the recommendation. We're going to have a seconder. Seconder Councillor Stockwell. Forgive me for relying on 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. Children who see they are growing in a place where people are striving to treat the land, 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. The Kabi Kabi people's relationship to the land is based on the notion for custodianship I'm Brian, explorer in Borna. As part of the world's oldest continuing culture, the Kabi Kabi have been living sustainably in Noosa Shire for over 30,000 years. 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, we acknowledge we all part to play in caring for our shared place and its people. The commitment between Noosa... Council and Kabi Kabi especially acknowledges Noosa First Nations people and their deep... cultural and spiritual 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 custodians and reminds us that we all rely 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 New Zealand's Tiaka 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 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 and Any other councillors wish to speak to the motion? SPEAKER_00 23:57.720
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 members We've heard about Indigenous occupation of this continent being at least 55,000 years in age, we heard the mayor suggest 30,000 years of Kabi, and 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 it took to get there. Think about when Lake Think about when Lake Cootharaba was a freshwater wetland and the beach was out of the continental shelf and Djerba 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. How the fish followed. It took thousands and thousands 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. 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 26:18.640
All councillors will be signing this document shortly. Any other councillors wish to speak to the motion? Thank you. Councillor Finzel? Karen Finzel 26:27.820
Welcome to everybody. Thank you for coming today. This is a real honour and a privilege to 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 and welcome everyone to this beautiful country and this place and and welcome everyone to this beautiful country and this place and and welcome journey. 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. Frank Wilkie 27:14.686
Thank you. Amelia Lorentson 27:20.728
I'll make this really brief. With an open heart, I'm honoured to join Council and the Kabi Kabi Functional Custodians here today in celebrating the Kabi Kabi commitment and embracing our role as custodians of 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. you. Kim Rawlings 28:01.320
Okay, Councillor Nicola. Yes, thank you. Very brief as well. Thank you all for being here today and I acknowledge that the journey you've been through so far and want to give my thanks and compassion to you for that. I'm 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 commitment, Brian. And I'm really grateful that we can start this journey together for future generations. Jessica Phillips 28:38.020
Everyone else has said it, thank you. Frank Wilkie 28:41.040
Alright, I'll put the motion, those in favour? That is unanimous. I now move that the operational standing orders or any relevant provision there will be suspended to allow for the signing of the Kabi Kabi Commitment documents. May I have a seconder for that please? I'll second it. Councillor Wilson, thank you. All in favour? Thank you. It's unanimous. Okay, now, we have to sign it. You can do it. Brian Warner 29:14.281
Yeah, fine, I'll do it. Frank Wilkie 29:44.620
Well, we'll let, I'm sure we'll let SPEAKER_17 29:48.160
Just sign first. One, Yeah. two, three, four, five, six, seven, eight, Frank Wilkie 30:01.057
Nine, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, SPEAKER_02 30:05.597
52, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 62, 63, Let's see if we can get it to do it. Frank Wilkie 32:10.592
And you'll be able to sign as well, please, right? SPEAKER_17 32:23.840
Can I get you to me? There you go. Frank Wilkie 34:07.420
Thank you very much. And that's the signing done. Orders. Can I have a seconder, please? A seconder to Amelia Lorentson. All in favour? 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. Time at 11:07. Thank you very much for your patience. SPEAKER_02 35:05.349
Okay, welcome back everybody. I'll now move to resume. Frank Wilkie 35:19.642
Standing orders. Can I have a second please? Seconded by Councillor Finzel. All in favour? That's carried. Thank you. Next item of business is the confirmation of minutes. Can I have a move and a second for the minutes of the ordinary meetings? Thank you Councillor Lorentson. Seconded by Councillor Finzel. Thank you. All in favour? That's carried. It's carried. Can I have in favour? Can I have a move and a seconder for the minutes of the special meeting held on 23rd of August 2024? I'll move. Moved by Councillor, seconded by Councillor Finzel. Thank you. All in favour? It'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 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? Thank you. Rachael Morrison 36:33.520
Good morning Mr Mayor and guests. My name is Rachael Morrison and I'm here today as part of the bus 5834 Corp Air Equipment. We thank you for allowing us to present this deputation. Our request is a simple one, to reinstate the original bus route of 5834 Corp 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 streets. In this case Silverwood Drive, Hillborough Drive, and Carriageway, one for all. Our children, several of them prime 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. bus, 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 10 years on It should also be noted that there are, that they are all notary rights in 50k zones. As of January this year, the bus route 5834, serviced by the State-funded private company CDC, stopped servicing these roads. The reason for this is TMR are no longer supporting reverse turns. The children of the previously serviced Carriageway and surrounding roads, CDC and TMR established a new Hail and Ride in the T intersection of Carriageway McKinnon Drive. 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, not far from Sanctuary and Backwoods. Upon complaints from parents of the dangerous location of the Carriageway intersection, CDC and TMR deem this route as a risk and took the stop away. So now Carriageway school students have to make their way to the bus stop at the intersection of of McKinnon Drive and Silverwood Drive, over two kilometers 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. The present pick-up point is located... SPEAKER_05 39:13.392
Residents will... New crashes along McKinnon Drive caused by sun glare, excessive speeding, near misses when pulling onto a clean drive, and driving down ditches to clean drive, and driving down ditches to avoid speeding motorists. This road... I'm 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 population and has a regular flow of logging and quarry transportation trucks. It's basically a mini highway from Komona, Koran, Kin Kin and Gympie. 15 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 in a hurry 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. already heavy traffic at this time and this defends the purpose of having a school bus. The bus 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, with flooding dangers in harsh weather conditions and navigate the community intersection section area to reach their school One primary school child has 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 is carried away is expected to walk over two paces The ditched ridden area in a 100 k zone if their parents cannot take them. Then cross the busy intersection, T intersection. Children who live in the vicinity of Silverwood Drive also have no pavement and have to navigate by corners, speeding motorists and the incoming and outgoing vehicles turning across the T intersection. at peak 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 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 the turns with limited child safety, plus incoming traffic from McKinnon Drive and outgoing residential /commercial traffic. the original route, parents did not use their cars. Their children could simply walk the short distance to their Hail and Ride stop. TMR deemed the existing Hail and Ride bus stop on McKinnon Drive as a safe stopping location. In a meeting last week we had with CDC representatives, they stated that this bus is safer than the previous Hail and Ride that they removed on the intersection on McKinnon and Carriage Drive, also in the Hunter-Cayton. However, a CDC bus driver stated the present pickup point for children is more dangerous than the previous route that included... included the reverse turns of the Silverwood Drive and the River Train. Just because there is an existing bus stop and we can 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 I should say. 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 TMR to lower the speed limit and they have stated that a 100km /h speed limit is an appropriate... limit in this area and no plans for 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 to update the bus stop nor provide appropriate signage. They also stated there are no refute this. They also stated there are no plans to update the bus stop nor provide appropriate signage. This decision to stop servicing Silverwood and Carriageway was made by TMR and CDC without any prior communication. Our 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 their route changes. The removal 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 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 agreeance with our assessment of the situation. We should also be pointing out that the Good Shepherd bus service continues to conduct a reverse turn on Selworth Drive. This is an independent bus company and not under ITM. We as a parent group We should also be pointing This is an independent bus company and not under ITM. group have initiated an open communication approach between CMR, 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... The decision made by TMR and CDC 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 a service to provide a spotter on this service or use the buses that already have cameras for reverse turns. This is an acquired 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 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. CBC is a foreign owned company with shareholder interests at stake. This is a state funded service using taxpayers money. They have taken it upon themselves, as a cost paying measure, to be 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 We invite all of you to the intersection of McKinnon Drive and Silverwood Drive at 7:35am. and 3:45pm. for a school day to witness these risks. Finally, this is about providing a safe, hale and wide service for our primary and secondary students within the facilities 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 and regional areas altogether, and parents are then forced to add to increased traffic volumes in Noosa? We are not asking for anything new. And we 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 bus route to the ready cabin and the safety record. Thank you. And this is our next representative. John Cherry. Thank you. Frank Wilkie 47:46.622
Yeah, I just wanted to bring up about some of the statements of KMR. So there hasn't been any accidents along Kern Drive. There's been quite a few. I've lived out there for quite a long time now. One of those was airlifted right out in front of the rural fire station there. and was one of There was a local mechanic controlling his car out there, just just stops you here by the court. There was another accident right out in front of Coral Found as well and it just comes back to people driving far too fast out there. And yes, nothing seems to be done about it. We've made so many calls to police and main roads SPEAKER_02 48:54.962
And they're just dead shrugging it off, basically Frank Wilkie 49:02.282
Just to have our kids be able to get along in that ditch all the way up to the bus stops. It's just not good enough, it's not safe. 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, you know, to walk all the way up here and stay off the road. Just, all around it's just a danger, really. SPEAKER_14 49:26.614
I'm Deanne and I live in Carridge Way and there is Karen Finzel 49:29.894
No infrastructure on the side of the road. My son's 15, he's more than capable to run 20 k's, he's, you know, really into his sport and stuff, but I won't even let him walk 2 k's 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 k's. So I'm trying to work, my husband works FIFO, and 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 k's 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, and 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... you know, isn't this risk lower than that one? And it was just a flat out, we're not reinstating reverse churns. The risk of them going on that highway is far greater than churning a bus in a little quiet, for God's sake. SPEAKER_13 50:33.510
Thank you. Frank Wilkie 50:41.246
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 50:55.698
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 our I thank the Council SPEAKER_02 51:10.510
For the opportunity to make this deputation. SPEAKER_01 51:13.370
My name is Paul Noonan and I'm a representative of the residents of Dianella Court, Viola Place, Cowery Street and nearby neighbourhoods in Cooroy. This deputation in Cooroy. This deputation is a small part of our response to the housing development proposed for 62 Lake Macdonald Drive. Due to the council meeting being held during work hours, many residents from our 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 to ensure Our aim is 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 Sensock, 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 Including the 1,081 page Contaminated Site Investigation Report on September 6th 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. 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 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 Further, the type of housing proposed does not include an essential livability feature, an onsite recreational area. Early consideration of these negative impacts would have been possible, had Council been proactive and brought the...along. Problems are best solved collaboratively. Council are still intending to undertake major and irreversible sideworks around the end of this year and existing ratepayers have been denied an opportunity to review their options and where desired and sell out of their properties in an orderly fashion. 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, $100,000 and $150,000 could be expected. Considering the modest modern housing involved, this is of the order of 15% to 20% depreciation. This is a source of extreme stress to the 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 Contamination safety. Historically, the land was the official Cooroy dump beset for sanitary waste and rubbish disposal in 1912. It appears to have operated as as a dump until the 1960s and contains all manner of waste materials generated by the growing township of Cooroy. Locals and various industries appear to have had unrestricted dumping access to the land, which contains an area dominated by a composted night soil and a larger area dominated And a larger area dominated by industrial mixed solid waste contaminated with heavy metals and asbestos. Look at the dust lying in 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 insane 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. Firstly, the cemetery expansion, which was DA approved in 2008 after much consultation with residents, and offering more generous properties SPEAKER_02 56:29.877
For less expensive use. SPEAKER_01 56:32.997
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 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 already been surrounded 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 Older 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 hippie masonites, both considered 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 2016, it was agreed to sell the proposed lot 1 at 62 Lake Donald 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 plan at all. We were later surprised to We were later surprised to learn that 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 first actions impacts. One of our first 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 listen to five quiet urban area, as we listened to five years of construction noise, we got news of having two to three hundred new neighbours over the back fence. All of this in full recognition that the Shire will grow. We're not talking about NIMBY problems here. We're talking about intermatched planning conflicts. With the cemetery's ability to 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. repair flood water erosion. Almost half the 62 Langdonnell Drive hill above Dianella Court is forested, and the forest holds storm water back for weeks after rain, unlike broods and upstand, which must deliver the storm After repeated requests for the traffic study, we must assume none has been undertaken, so the flow and effects of Cooroy intersection hotspots are to be adequately considered. Wildlife. And here, in the 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 and looking for the trees they've always used 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. housing is genuinely on par with the Shire's need for symmetry expansion then 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 the village feel of Cooroy for many years. Council has done a lot to maintain... 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... 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 become available. I refer you to our website, this is 62wakethetunnel.net, and to to past Spicer who will conclude our deputation. Thank you. Patricia Spicer 01:02:38.684
Thank you councillors and councillor staff for giving us the opportunity to present to you on this day. And I'd 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. residence. Community engagement is happening now, SPEAKER_12 01:03:10.468
Although an extensive range of background studies and site investigations SPEAKER_13 01:03:15.568
Have been conducted over the last two years, resulting in decisions, reports, or draft plans. All assessments to date have been done under code 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 SPEAKER_12 01:03:45.904
Only recently occurred. All the face to face consultation to date has been instigated by the residents group. The remediation of the contamination on the land is of particular SPEAKER_13 01:03:59.468
Concern to residents because of health risks of dust containing asbestos and heavy metals including arsenic. SPEAKER_12 01:04:08.388
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 even more potentially 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. The ecological assessment The Ecological Assessment Report dated November 2022 recommends a native tree survey is prepared to identify the number of native trees required. 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 fauna relocation and removal as the predominant management strategy. Fauna relocation ignores the territorial nature of native SPEAKER_13 01:05:37.976
Animals. Trees are important to fauna too. Council new states native plantings throughout the subdivision SPEAKER_12 01:05:47.312
Will offset the removal of existing native trees. A 5-metre buffer zone along the shared fence line with Dianella Court. This offset target cannot SPEAKER_13 01:06:03.720
Be met on the site. The native keeping the slates could be maintained on the cemetery expansion lane. SPEAKER_12 01:06:18.408
The understory restored with advice from Landcare and the area utilised as an attractive bush internment site. fits with the recommendation from the Cemetery Management Plan, commissioned by Council in July 2024, which states the pine trees and Gympie SPEAKER_13 01:06:37.876
messmates should be retained because of the social amenity and cultural significance. I was totally shocked by the proposed density of the development. SPEAKER_12 01:06:49.224
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 floods. Flooding is a particular concern for all Diola Court, Diola 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 SPEAKER_13 01:07:26.948
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. SPEAKER_12 01:07:41.408
Soil erosion will Soil erosion will increase with vegetation clearing and soil sieving. Residents are not confident the erosion and sediment controls in the report will be sufficient to overcome this additional erosion. 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 for both measures to control storm water on the development to prevent flooding of these dying alcove 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 SPEAKER_13 01:08:41.928
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 our group members who need to leave this meeting for personal commitments now. Thank you for the extra time as well. Frank Wilkie 01:09:18.208
We're also going to move question time forward, thank you Patricia. We have three submissions The first is from Sue Agnew. So Sue, would you like to come up to the lectern to read your question please? The response will be provided by Shaun Walsh, director of infrastructure. The structure will be read by director Richard MacGillivray. Sue Agnew 01:09:40.287
Thank you, good morning. If I might just provide my very brief background, particularly my questions for context, it would be within a minute if that's acceptable. So Noosa Shire Council provides filtered water for filling stations in various locations across the Shire to provide residents and visitors drinking water that's safe and healthy to drink. These dispensers also encourage... So it Aunty Helena Gulash 01:10:08.915
Would be reasonable to assume that these dispensers contain some form of... system that removes impurities... 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. SPEAKER_17 01:10:25.363
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 SPEAKER_02 01:10:35.051
Thank you, sir. Richard MacGillivray 01:10:41.471
That's a great question. The filters installed on all of council's water filling stations are fitted with a five micron carbon block filter 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 five micron filters will capture most of these contaminants. The five micron filters... 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 supply by Noosa... Noosa Council's water bottle filling station 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 water utility, Unitywater Pipe System. More information about these water utilities and their treatment and distribution systems and networks is available via their websites. Frank Wilkie 01:11:54.679
Thank you, sir. The second public question time is from Paula Braby. Paula, would you like to come to the podium and read your question and then I'll read yours? SPEAKER_14 01:12:05.919
Thank you. So 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... Thank you 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. Noosa Shire represented at this meeting by either Mayor Wilkie or Deputy Mayor Stockwell? If not, why not? Frank Wilkie 01:12:44.787
Thank you for the question. The most recent CoMSEQ meeting was a board meeting in Brisbane on Friday, September 13, 13, 2018. I've attended all CoMSEQ board meetings where the group 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 that the 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 show of strength rather than bid for funding. I can confirm Noosa 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 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, the cost to Noosa ratepayers, and the phase we are in in terms of pre-elections planning. Given that the core work is 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 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 There are no Mayoral minutes. Oh, sorry, the third public question time is from Debra Walz, who has Felicity Dale reading out her question for her. Miss Would you like to step to the lectern? Thank you. Read the questions and they'll be responded to by Richard MacGillivray, Director of Family and Innovation. SPEAKER_14 01:15:11.559
Thank you. A number of questions to 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, the subject will be beneficial to explore other peer supported reports as well. This will allow councillors to explore all aspects and health effects to people in the Noosa Shire who are consuming fluoride through their drinking water. 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 However, the community wishes to move forward on this important issue and suggest an information session to be held with councillors on the pros and cons of consuming fluoridated drinking water. Will councillors be open to attending such a Richard MacGillivray 01:16:21.087
Thank you very much for the question. A petition received by council on 14th of December 2023 and tabled at the December ordinary meeting was referred to the then acting CEO to the appropriate council offices 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 Bulk 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'll leave this decision for councillors to directly consider upon request. In terms of your request in the near future. In terms of your request to provide an information session to councillors, I'll leave this decision for councillors to directly consider upon request. I would advise that council continues to rely on the 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 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. SPEAKER_14 01:17:44.210
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. Additionally, by not is not the case. Additionally, by not requiring dog renewal registrations, we 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, one, residents can save money, which is particularly beneficial for owners of multiple dogs. Two, 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. Three, peace of mind for residents, knowing that their dog's registration is valid for the lifetime of their pet. Four, residents can 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. Five, a lifetime registration can help streamline record record keeping for both residents and the council, ensuring accurate and up-to-date information on all registered dogs in the community. The revenue generated from lifelong dog registration fees will contribute to funding essential services provided by council, such as animal control, shelter operations and pet welfare programs. Residents can feel that their contribution is making a positive impact on their is making a positive impact on the community. The question is, will Council consider abolishing dog renewal registration fees and associated late payment penalties in favour of inducing 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 on services provided for dog owners. Richard MacGillivray 01:19:51.000
The registration of domestic dogs is a requirement under Queensland law, the Animal Management Cats and Dogs Act 2008. I acknowledge that Councils and other states do have a lifelong dog registration process, however dog registration under...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...and investigating dog attacks, providing current facilities, reuniting lost dogs with their owners, and maintaining off-leash areas, litter bins, and doggie bags where needed. Thank you. Frank Wilkie 01:20:35.663
That brings us now, there are no Mayoral minutes, there are no petitions. We have one notifying motion from Councillor Lorentson. Councillor Lorentson would like to leave the motion. I will leave the motion. Second. Seconded by Councillor Wilson. Can we have a seconder for the motion please? Amelia Lorentson 01:20:56.216
7.1 Trial of remote rescue tubes and life rings at unpatrolled beaches. My motion requests Council 7.1 Trial of remote rescue tubes and life rings at unpatrolled beaches. 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 the action. To the use of remote supervision and self-service rescue Possible in this child. Before a child can be conducted Trial that was conducted in New South Wales, identification of potential sites and 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. 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 4. Explore emergency beacons. Explore using surface-stating Queensland emergency beacons with the tubes and liferings. This will allow beachgoers to contact emergency response by pressing a button. some background and again provided in the report that I submitted to Council. Rescue 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 Cross Harbour has implemented a successful remote rescue tube project across the central and a little bit of coastlines from New South Wales. And similar initiatives are prevalent in... places like Hawaii, New Zealand, Zambia. From Zambia County in Florida to the beaches of Denmark and Germany, these devices have proven effective in preventing drowning incidents. The global adoption of these across the world and here in Australia highlights the need for Queensland to implement similar measures for unpatrolled and remote areas. This initiative is strongly supported by community organisations such as the Noosa Board of of Writers' 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 Noosa Sunshine and at AA highlight the urgent need for their water safety measures. Despite long-standing requests for rescue teams throughout our national park at Boiling Pot, Tea Tree Bay, Graded Bay and Alexandria Bay, a recent Surfly State and Queensland Safety Board unfortunately did not prioritise these devices. They protested instead on relocating the defibrillators and installing emergency access slumbering. However, voting to prioritise it, our community does. Cross-harvesting the Council's... 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. bystander drownings have been reported. This trial in New South Wales is a compelling precedent for Noosa uncontrolled and remote beach areas. In conclusion, Noosa Council has a great opportunity to improve beach have an opportunity to improve beach safety with a remote rescue tube and life ring trial. Drawing on the success of Copse Harbour, this project could offer a cost-effective, community-supported solution to prevent drowning. The trial's expansion can be carefully evaluated. with key stakeholders, ensuring a safer environment for residents and visitors. I'd also like to add that the Noosa Board Writers' Club have already donated funds to the World Surfing Reserve for such a trial. And also the, um, the lady that risked the lady that risked her life and possibly could have drowned at more, um, sunshines. There's also community funding. So, um, I think there would be an abundance of, um, community, um, and local organisations that, um, would be happy This is our opportunity to lead it in this space and I'm hoping after the review that, you know, Surf Life Saving 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. just recently received an annual report from Surf Life Saving Queensland and I actually have, you know, visitation numbers and we have a lot of people frequenting our beaches, unpatrolled, unsealed So I think there is an urgency to put these remote rescue tubes and life-saving equipment on these remote beaches. Frank Wilkie 01:28:18.967
That's unanimous. There are no presentations. That brings us to item 10, consideration of committee reports. Planning and Environment Committee reports, 10th of September, 5.1 was referred to General Committee, 5.2 to the General Committee, 6.1, planning applications decided by delegated authority, July 2024. Now the mover and seconder for the Planning and Environment Committee recommendations to be adopted please. Seconded, Councillor. All in favour? That's unanimous. Services and Organisation Committee report, 5.1 was the Sunrise Shops, Shop 5 Lease Renewal, that was 5.2 was referred to the General Committee report, 5.1 was the Sunrise Shops, Shop 5 Lease Renewal, that was 5.2 was referred to the General Committee report, 5.1 was the Sunrise Shops, Shop 5 Lease Renewal, that was 5.2 was referred to 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 and Organisations Committee? Moved by Councillor Finzel, seconded by Councillor. All in favour? That's carried unanimously. unanimously. Audit and Risk Committee report. Audit and Risk Committee report. It's Audit and Risk Committee briefing paper on interim report, QAO and KPMG risk management BCP update, internal update, insurance management update for the corruption and PID update, a move and a seconder for the Audit and Risk Committee recommendations. 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 and Environment Committee dated 10 September 2024. Councillor, do you have a declaration? Jessica Phillips 01:30:02.569
I do, thank you, Mr Mayor. I, Councillor Jessica Phillips, declare I have a declarable conflict of interest in this matter as my close family friend, Fran Sudley, is on the building subcommittee and a long-term member of 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 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. SPEAKER_13 01:30:50.528
I'm happy to move. Frank Wilkie 01:30:52.808
Which one was moved? Oh, Karen Finzel 01:30:56.148
Stay. Yeah. That the council make the declarable conflict of interest by Councillor and determine that Councillor 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. Frank Wilkie 01:31:14.461
Thank you, Councillor Finzel. The second is Councillor Wilson. Any discussion? All in favour? That's carried. And Councillor did not vote on the motion. Okay, so we need to... so we need to pass a motion about that. SPEAKER_00 01:31:32.111
I'll move the committee recommendation. Frank Wilkie 01:31:33.971
Councillor Stockwell. We have a seconder for The Councillor Finzel. Any discussion? Okay, all in favour? That's carried. No, on 5.2, there's an application for a minor change to development approvals for a seafood kiosk at 185 Weyba Rd, Noosaville, which is referred from the Planning and Environment Committee dated 10 September. Amelia Lorentson 01:32:00.720
Yes? I'd like to move a motion please. That council note the report by the senior development planning and the planning environment community meeting dated 10th of September 2024 regarding applications. Numbers 51981.3345.01 and 51984.3154.01 to make a minor change to due 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 co-fund and brief 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. I'll second. Seconded by Councillor. 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. It's been too much time and too much money that have been invested in this application by a young local family. SPEAKER_00 01:33:26.825
Point of order. She's not talking to the motion. The motion is about getting legal Council and she's talking about an 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 01:33:43.946
This is um we did cover these arguments on on Monday could SPEAKER_02 01:33:49.112
We the i am talking i'm giving some context sure Frank Wilkie 01:33:52.452
What this will involve can you help us understand Amelia Lorentson 01:33:56.832
No worries um the applicant rightly or wrongly relied on advice given by council officers over the fine 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 I'm not suggesting that we close the application, but rather we pause it. We pause it to allow both parties to co-fund a senior legal council to review the conflicting legal opinions. senior council's opinion would then be provided to council for consideration before we make a final decision. It feels as though we've rushed judgment without giving the applicant an adequate opportunity to present either a rebuttal or about seeking legal advice, further legal advice. 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, my opinion, is being driven by a legal opinion that is in direct opposition to the applicant's legal opinion. We're facing a situation There's no right of reply, there's no opportunity for rebuttal, and there's no review of this conflicting advice. We are councillors. We're told at a general meeting or recommended not to approve the application that was contrary to councillors' 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 the last few days, where does that leave us as elected representatives? And where does that leave future applicants? Does an applicant in addition to paying all the necessary fees, consultancy, track of assessments, engineering reports and design costs, Now 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 the fair and transparent process we are supposed to uphold. We as councillors are here to on applications based on merit. If that decision is challenged, then there's an established appeal process. The process, in my opinion, should should not be 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, 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. Frank Wilkie 01:37:09.926
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 the councillor that of course they were taking, you replied if I'm correct, but could you Richard MacGillivray 01:37:35.974
Yeah, through the chair. So what's happened in relation to the application, 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 report was being prepared as an abundance of caution 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 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. Frank Wilkie 01:39:01.723
Which would have involved public notification? Richard MacGillivray 01:39:03.519
Which would have involved a full public notification being an accessible application. Frank Wilkie 01:39:09.279
Could you go into what's been suggested here? What's your advice on the wisdom or otherwise of council and the applicant co-funding their council? I haven't heard of this before. Richard MacGillivray 01:39:20.439
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 And the reason that's not appropriate is that under the Planning Act there's the reviewable decision process, 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 these particular matters, the usual first step is a mediation process anyway, so that process exists. My advice would 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 ensure that council is informed, as does the applicant receive their own independent advice on these particular matters. Frank Wilkie 01:40:38.800
Questions or comments on the motion, councillors? Karen Finzel 01:40:46.201
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-fund and briefly bring council to consider the separate legal team? Richard MacGillivray 01:41:05.241
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 overreaching into a process to seek a joint opinion on something around an interpretation and we'll be seeking additional advice beyond our own legal 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 seeking additional advice beyond what 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'd be more expense to you Council 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. Jessica Phillips 01:42:20.590
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 01:42:36.280
Through the Chair, difficult to assume we'll end up in an appeal situation, so difficult to hypothesise. Certainly if an appeal was filed on a decision, the parties would fairly rapidly get 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. It's a matter of point of law. Jessica Phillips 01:43:05.702
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 you aware if it's been done in another council that could give us some indication of the process? Richard MacGillivray 01:43:18.425
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 automatic, 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 Where those things can be fleshed out formally through a proper process. Kim Rawlings 01:43:53.576
Could you explain again for us briefly why it's a material change and not a minor change please? Richard MacGillivray 01:44:00.196
It's really sheer it's pretty well detailed in the year it's pretty well detailed in the in the officers report and the important piece around a minor change is that it cannot constitute substantially different development one of the key triggers around substantially different different development is it cannot 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 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, it involves a new use from what is originally approved and therefore cannot be substantially, sorry, substantially different. It 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. impacts need 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 we're going through the correct process. Amelia Lorentson 01:45:39.774
I think it was 1990 that 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, patisseries. Okay, 2023, definition at the 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 Richard MacGillivray 01:46:17.175
Through this year? 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 committee, the registration of a lawful non-conforming use doesn't exacerbate or broaden the actual approval, the approved use. That registration of that lawful 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 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 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 be applied for a use under that approval. Frank Wilkie 01:48:01.091
Richard your advice is quite definitive to councillors against this course of action because it says that it suggests it could compromise both parties legal Richard MacGillivray 01:48:30.626
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. 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 defend or resolve an appeal of any particular description on on the basis that we've sought advice that's 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. Amelia Lorentson 01:49:34.675
I'll just 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 kitchen chip shop that's reconfiguring a kitchen so it can serve cakes and patisseries. Frank Wilkie 01:49:56.498
Thank you. I'll put it to the vote. Those in favour of the motion? Councillor Lorentson and Councillor. Those against? Councillor Finzel, Councillor Stockwell, Councillor Wilson, Councillor Wilkie. we need a motion, please. SPEAKER_00 01:50:16.460
I'll move the committee recommendation. Frank Wilkie 01:50:18.660
Thank you. We have a second for that, please. SPEAKER_00 01:50:27.680
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... 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 the planning scheme provisions to support something where the benchmarks in the scheme or the requirements of the Act aren't met and in in this this case case we we have have clear clear and and unequivocal unequivocal advice that the benchmark for a minor change for this application have not been met and therefore it's not within the power of council to consider the merits of the Thank you, does Frank Wilkie 01:51:29.616
Anyone wish to speak? Mr Stockwell do you wish to close? No, that's it. And that's a favour. a favour. We're on the motion just moved by Councillor Stockwell and Councillor Finzel. This is the original motion. Oh, the recommendations. From the committee. Yes, staff recommendation. So those in favour of the staff recommendation, Councillor Finzel, Councillor Finzel, Councillor Stockwell, Councillor Wilson, Councillor Wilkie, those against. Councillor Lorentson, Councillor, the motion's carried. We now have the local domestic and family violence prevention champions network. Um, Councillor Wilson, um, has, has a declaration. Kim Rawlings 01:52:18.092
I, Councillor Wilson, inform the meeting that I have a declarable conflict of interest in this matter as I am a volunteer director of Kayak Limited Maroochydore. charity that supports victims of domestic violence among other services. While Kayak 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 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 Kayak is not the subject The decision of the meeting on whether I can remain and participate in the decision Amelia Lorentson 01:53:07.317
Thank you I'll do that councillor wilson remains in the room and note 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 impartial and therefore therefore a a reasonably reasonably a a reasonable reasonable person person which which trust that the final decision is made in the trust that the final decision is made in the public interest Frank Wilkie 01:53:32.272
Public interest second council finzel any discussion second council finzel any discussion put it to the vote those in favour put it to the vote those in favour that's Councillor Lorentson and finzel that's Councillor Lorentson and finzel that's Councillor Lorentson and finzel stockwell and wilkie council wilson stockwell and wilkie council wilson stockwell and wilkie council wilson and i'll vote on it and i'll vote on it and i'll vote on it so i'll move that Appoint Councillor Nicola Wilson and 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, 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. Amelia Lorentson 01:54:23.000
Yes. Thank you. I'd like to move an alternate motion that Council... 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... 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 15: Deputations. Reject the proposed amendments and replace with the original wording as follows. 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 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. 15.3, 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 15.4, the deputations comprising three or more persons, only three pair 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. 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 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 a deputation other than the appointed speakers interjects or attempts to address the council. E, the person 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 the proposed amendments and replace with original wording as follows: 18.1 A Council may bring forward to a meeting a motion on any matter within the jurisdiction or official cognizance of the Council by giving notice in writing in the approved form to the Chief At least seven days before the meeting. 18.2 The Chairperson shall rule out or order a motion which does not comply with section 18.1 of the standing orders. 18.3 Notified motions shall.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 be deferred to the next meeting. to the next meeting. 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. Where the notified motion is absent or declines to move the motion, the motion may be a moved by another councillor or be deferred to the next meeting. 18.5. Where the notified 18.6 At the meeting a notified motion requires a 18.5. 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. 41.1, a 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. 41.4 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 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 address by a person in a deputation at any time where a the chairperson is satisfied 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 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 action that discriminate or vilify based on a person's race, religion, sexuality or gender identity, B, adopt 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, D, 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 Councillor investigation policy attachment 7 and repeal current Councillor investigation policy adopted on 19th of November 2020. Frank Wilkie 02:00:41.561
Question to Councillor Lorentson. This looks like a wholesale rewriting of the standing orders. Was it circulated to councils before the meeting? Amelia Lorentson 02:00:52.592
Gave it to Cathy, as under our standing orders, there's no requirement to circulate an alternate motion. You're quite right, it's only a courtesy. If you would like me to explain this simply, I'm happy to do Frank Wilkie 02:01:13.452
So. No, I'll just leave it. Questions? second it. Can I suggest a minor amendment? No, we need to wait for Councillor Lorentson to speak to it first. Amelia Lorentson 02:01:34.760
I'll speak to the motion. It's very, very straightforward. Basically what I'm asking 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 meeting 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 deputation and over the last five years only seven seven notified motions. There is no issue here and, in my opinion, no justified need for drastic changes. The years that 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, that trust and risk in our you council. We erode the trust and risk and risk losing the respect of the very people who entrusted us with their leadership. When 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 meeting. It left many in 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 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 only mandated by the State, we start rebuilding trust back in council and unity within the community. 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 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 all the that we received over the last week that message that the community are telling us wasn't clear I'm going to spell it out our community will not be silenced they want to be consulted they want to be heard and they want to be respected. 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 vine of 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. So today councillors we're 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 in 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 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 02:06:34.420
Current settings, does it limit the number of people? Question The question about upon application is Your motion on Monday asks that the applicant must provide Council with a deputation of topic and sufficient background material. Is that still included in there? I'm sorry, we didn't get to see this. Amelia Lorentson 02:07:18.752
So I have the original deputation, but I mean, Councillor Wilkie, 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 anyone wanting to present a deputation does provide just some background. Frank Wilkie 02:07:36.522
Okay so is that in here, Councillor Lorentson? Amelia Lorentson 02:07:39.582
Yes, restoring it to its original wording. Could you point out where It's not explicitly stated. What's stated is deputations reject the proposed amendments and replace them with the original wording. So the original... Frank Wilkie 02:07:59.113
Can you show us where... this new draft requires sufficient background to be provided? It doesn't. This one doesn't. Amelia Lorentson 02:08:14.047
So I just walked away from Monday basically saying everyone's confused. Everyone around this table is confused. And I had presented an alternate motion and I included, I kept some amendments that I thought were reasonable. But after deliberation over the 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 goes back to, no this goes totally different. So this goes back to our original standing orders. this goes back to our original standing orders. And it's only requesting changes mandated by the State. Kim Rawlings 02:08:58.041
Could I ask a question? Whether you'd be open to an amendment at 41.2 and I earlier on 2. I'm asking, the council answer should be open to a minor amendment, which, sorry... SPEAKER_00 02:09:16.835
So point of order, you can't ask another council if you can support an amendment, you can either move one or not. Kim Rawlings 02:09:20.049
I'm moving an amendment to 41.2. 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 the time. We don't want 2.2, and I think it's 3.2 or 7.2 first. SPEAKER_17 02:09:57.882
Yes, Kim Rawlings 02:09:58.822
That one, and it occurs earlier as well. I've now forgotten which number it was. Yeah, 17. So after time period allowed, in brackets, up to 15 minutes. Frank Wilkie 02:11:09.980
We have a seconder for that, please. Amelia Lorentson 02:11:11.740
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... Kim Rawlings 02:11:29.995
I think no, because I think that giving an example isn't actually clear. I think up to 15 minutes shows that think up to 15 minutes shows that there's a maximum of 15 minutes but you don't have to use the whole 15 minutes. Frank Wilkie 02:11:43.211
Can we have a seconder for that please? I'll second for the purpose of debate. Kim Rawlings 02:11:54.670
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 round 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 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 what we just want is a number of minutes in that stick to it. Frank Wilkie 02:12:34.824
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 this helps to do it. Example, 15 minutes doesn't really... That's the State saying you can allocate any time you like, where this is more definite. And so, 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? No. Put it to the vote. Those in favour? SPEAKER_02 02:13:25.480
That's unanimous. Frank Wilkie 02:13:27.920
I'd like to try an amendment also. Sorry. SPEAKER_17 02:13:37.529
We're going back to the original animal laws? It's actually 17. That's correct. Amelia Lorentson 02:13:45.049
No, these are all the same. So it's just a typo, sorry. SPEAKER_02 02:13:52.689
17. I didn't even know chapter and verse. Jessica Phillips 02:14:03.720
I have a question. 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 02:14:24.060
Yes, it does. So for the question time procedures, the original staff recommendation of the nine was that the applicant or their proxy non-staff member or their proxy non-staff member must be present at the meeting for their question to be heard and shall follow the direction of the chairperson, which means that if someone submitting a question was not present and didn't have someone to present on their behalf, behalf, normal standing orders allowed for staff members to read the question out. The original staff revised amendments, took that ability away, so... away. So 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-- neither the applicant nor the proxy is present. Karen Finzel 02:15:22.144
Thank you. With the original, I don't know 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. Frank Wilkie 02:15:42.792
In the original statement, of course. Karen Finzel 02:15:44.772
Well, I don't have it in front of me. From memory, reading that. SPEAKER_02 02:15:49.612
Where is it? SPEAKER_17 02:15:51.792
Is it going to be in the original statement? SPEAKER_02 02:15:53.692
These are our current statements. Do you want to... Sorry. SPEAKER_17 02:16:01.912
Public question time. Karen Finzel 02:16:15.400
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. SPEAKER_17 02:16:45.544
We're going back to the original, the existing standing orders and it goes back to... Number 19, which means that the speaker or the person asking the 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's no discussion, no follow up. Karen Finzel 02:17:06.646
Oh, sorry, the Chair, so we're going back to the original standing orders? SPEAKER_17 02:17:10.126
That's it, that's Oh, Karen Finzel 02:17:12.033
Sorry, given we didn't have time to read this, I apologise. That's challenging for us, thank you. Frank Wilkie 02:17:21.733
I'd like to move an amendment to 17.3, that it reads, where it has been determined that a deputation be heard, glass script will be provided. And the dictation and topic of the presentation must be included in the public agenda of the meeting. Okay, so where it's been determined that a dictation 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. Can I have a seconder for that? Karen Finzel 02:18:33.460
I'll give you a second to the point of debate, Chair. Thank you. Frank Wilkie 02:18:37.280
Look, 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 is that... And this happened at the Pomona ordinary meeting in the community. 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 at the primary 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 I 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. 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 this part, 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. make it a more meaningful two-way public engagement process. That's the purpose of that. Jessica Phillips 02:21:05.991
Just a question then. It doesn't clarify that in this amendment though that we would then provide a response? Frank Wilkie 02:21:13.991
No, this is a test If you want to go to that part but also have to put another amendment in that council are able to provide a response to deputations in the meeting. It would be a two-step process. This is testing to see if you're open to trying that in... Amelia Lorentson 02:21:35.809
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 meaningful in questions that are asked of councillors and the mayor or staff that haven't been So I'm going to invite you to answer this. Councillor Wilson. Kim Rawlings 02:22:25.664
I will speak against it as well. I believe at the point of asking 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 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. 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 02:23:12.234
So, just a question, Councillor Wilson, rather than a draft script, an overview on background material would be provided? Kim Rawlings 02:23:20.194
Yes, that SPEAKER_00 02:23:32.741
Excuse me, Mr Chair, I do have to leave the meeting. I will join by teams and we will vote by teams and we'll vote on the matter that way. Frank Wilkie 02:23:39.057
Alright, thank you Councillor Stockwell. SPEAKER_17 02:23:41.237
We need to vote. We have to vote. Frank Wilkie 02:23:50.676
Well, can we... I'll just pop in. Sustained. SPEAKER_02 02:23:55.516
No, no, you can just move it. I'll just get it for you. Frank Wilkie 02:24:15.600
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. now go back to the amendment about the draft script. Jessica Phillips 02:24:35.728
Councillor? I just want to speak against it, Mr. Mayor, based on probably the deputation that we saw this morning and how meaningful that 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, so thank you. Frank Wilkie 02:25:01.516
Sure. Councillor Stockwell, do you wish to speak to the amendment? Okay. Okay. Councillors, I Okay, okay, councillors I accept that. Bear in mind the idea of having a response, a meaningful response in this forum at ordinary meetings came from the community. So this is responding to their requests very loud and clear at the Pomona ordinary meeting. So we have some other way 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 onerous. Although 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. It's lost. It's lost unanimously. So if anyone's, well, could we try something else. amendment to 17.3, where it's been determined that a deputation be heard, an outline of the issue, and background material will be provided. Be provided. And there is as read. Do we have a seconder for that to test this one? Jessica Phillips 02:26:39.600
I'll second it for the purpose of debate. Frank Wilkie 02:26:41.600
Thank you, Councillor. Yeah. Yeah, councillors, this is Cathy, SPEAKER_02 02:26:52.160
Jessica, Doc, Nicola. Sorry. Frank Wilkie 02:26:54.440
That's okay. Yeah, I know. So, councillors, I won't repeat what I said before with what's driving this request for more meaningful feedback. And if you're wanting And if you're wanting to go towards a situation where deputations are heard and then the main issues in them are responded to, this is the first step. Then we would say that putting another clause that deputations... Deputations can be responded to by the council. Karen Finzel 02:27:27.384
Can you just please clarify a response back to the deputation? Like, where are you heading? Do you want staff to give a response back to the deputation? Frank Wilkie 02:27:37.545
Yes, just as in question time. It's a similar principle that applies to question time. So, the community submit questions ahead of then staff are able to research and give a meaningful answer back immediately during the ordinary meeting or the general meeting. The same principle could apply in response to deputations. And this is what the community, what many, 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 quite a lot and you're not interested in being mentioned from us. Well, in answer to the question is, when will the provider be provided? In real time after the meeting, by the council staff, or, as in the question that was directed to me today, by the relevant councillor. Depends on the nature of the deputation. Closed. Any other questions? I'm going to vote against the motion. We're Amelia Lorentson 02:28:53.420
Managing a problem that doesn't exist. Kim Rawlings 02:29:00.839
I would suggest taking out our background material because I think that's vague and unclear. Okay. Frank Wilkie 02:29:09.659
We can do that as an amendment to that. Any other councillors wish to speak to the motion? Karen Finzel 02:29:19.580
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 we- 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 so given those reasons that 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 democratic process but you know the reason 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. SPEAKER_14 02:30:33.565
Point of order. Well that's my own opinion my apologies. Karen Finzel 02:30:40.425
If that's Lawrenston. If that's out of order I do apologise through the Chair, to the table and to the community. out of order I do My apologies. So that's why I won't be supporting this because I think it's out of the reasons that I've stated. Frank Wilkie 02:30:52.905
It's talking about point of order. Councillor Lorentson is quite correct. It's not mandatory that we circulate these things. It is under a courtesy so you're technically correct. Alright, through the Chair, thank you, I accept that. 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 happening? Karen Finzel 02:31:24.964
In my opinion, I just think that we're not serving our community with best practice and governance with how we... presenting this today. That is my opinion and that's how I feel about that. Jessica Phillips 02:31:45.056
Amendment. 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 02:31:54.856
I'll move the procedural motion that this matter be next meeting round. So councillors can get across what's been proposed. We had many months, 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 have said about that. So I respect that and I think we need to get this right. So I respect your positions on Karen Finzel 02:32:38.227
Thank you Mr Chair for taking that on board. I will support the motion. I'm sorry we haven't got any more. Frank Wilkie 02:32:49.633
Alright. Karen Finzel 02:32:52.253
So. Yes I'm happy to second that. Frank Wilkie 02:32:57.373
All in favour? Yeah. Yes. Councillor Finzel, Wilson, Wilkie and Stockwell. Those against are thrown into the October meeting round. Lorentson and Phillips. And that's carried. Next, we have a confidential item, not a public release. So can I have a movement seconded for the general committee recommendations to be adopted, except we are dealt with separately. Do we have a movement? Thank you councillor. Morrison seconded, councillor Tenzell all in favour? That's carried. Yes. Okay, there are no confidential items. Thank you very much that brings us to the agenda. Extraordinary meeting will be at 5pm on Thursday 17th October, council chambers in Tewantin. That has been closed. Related Noosa Council Meetings
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