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Ordinary Meeting
Thursday, 19 September 2024 @ 10:00AM - #719
Meeting Duration: 2 hours and 34 minutes
This Noosa Council meeting contains very poor audio quality. This may have affected the transcription below and is beyond our control.
Adoption of Kabi Kabi Commitment, Housing and transparency disputes at 62 Lake Macdonald, Bakery addition refused, Standing Orders deferred, Beach rescue trial, School bus advocacy.
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 registrat
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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 MinutesRead 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
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. 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. 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)
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. 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. CLOSED 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.
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