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Services & Organisation Committee Agenda

Tuesday, 8 April 2025 @ 1:30PM - #753
Meeting Duration: 6 minutes

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Lease Renewals Approved: Shop4 Sunrise Dental 5y+2x2, Shop6 1+1+1, Procurement Exemption s236; transparency/benchmarking gaps, Vacancy: Shop1 EOI Colliers, Governance: Unanimous, delegated options, No deputations.

Speaker timeline4 speakers

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0:000:010:020:030:040:050:06 Karen Finzel (Chair)Karen Finzel (Chair)Robyn MercerRobyn MercerFrank WilkieFrank WilkieMargaret GattMargaret Gatt

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Frank Wilkie : Moved to confirm prior minutes; carried unanimously (01:19) (Item 4).
• Robyn Mercer : Presented Shop 4 lease renewal – Sunrise Dental Care to receive a 5-year term with two 2-year options (total potential 9 years) due to strong performance and community service (02:08–02:49) (Item 7.1).
• Council : Approved Shop 4 lease renewal and empowered CEO to grant options, applying tender exemption under s236(1)(c)(iii) LGR 2012 for an existing tenant; carried unanimously (03:51–04:05) (Item 7.1).
• Robyn Mercer : Noted Sunrise Shops has 8 tenancies; Shop 1 vacant and under EOI/marketing by Colliers; 7 tenanted (03:06–03:42) (Item 7.1).
• Frank Wilkie : Queried vacancy context to underscore value of retaining reliable tenants (02:54–03:42) (Item 7.1).
• Council : Approved Shop 6 lease renewal (bakery/cakes) as three successive 1-year options (mutually agreed), allowing strategic review of tenancy mix; unanimous (04:27–05:18; 05:18–end) (Item 7.2).
• Karen Finzel : Recorded unanimous votes on both items, including assent by online attendee Jessica Phillips (03:56–04:05; 05:18–end) (Items 7.1, 7.2).
• Administration : No presentations, deputations, or confidential session; meeting closed 1:38 pm (opening/closure) (Items 5, 6, 9, 10).
Contentious / Transparency Matters
• Procurement transparency : Both renewals bypassed tender via s236(1)(c)(iii) for existing tenants; this is lawful but reduces competitive testing and should be transparently justified on record (Items 7.1, 7.2).
• Market testing : Record notes Colliers is marketing the single vacancy (Shop 1), indicating external market engagement, but no public discussion of market rent benchmarking for the renewals was captured (03:06–03:42) (Items 7.1, 7.2).
• Attendance clarity : Minutes record Jessica Phillips and Tom Wegener online; transcript confirms Phillips’ participation but Wegener made no remarks in session (opening; 03:56–04:05) (Attendance).
• Public interest : No deputations or community submissions on the leases were received or discussed, despite precinct relevance (Items 6, 7.1, 7.2).
Legal / Risk
• LGR 2012 s236(1)(c)(iii) : Minutes expressly invoke the exception allowing disposal by lease to an existing tenant without tender; this aligns with QLD Local Government Regulation where justified (Items 7.1, 7.2).
• Delegations : CEO authorised to grant lease options conditional on lessee compliance – consistent with prudent delegation but requires compliance monitoring (Items 7.1, 7.2).
• Procedural integrity : Unanimous votes, clear movers/seconders, and identification of remote participation meet open decision-making norms under the Local Government Act 2009 framework (Items 4, 7.1, 7.2).
• Risk of foregone competition : While lawful, serial use of s236 exemptions can attract probity scrutiny if not supported by value-for-money evidence; no such evidence discussed on record (Items 7.1, 7.2).
• Tenure structure risk : Shop 6’s 1+1+1 structure gives flexibility but could increase churn risk; Council noted it as a strategic choice pending centre planning (04:27–05:18) (Item 7.2).
Sunrise Shops – Tenancy Mix, Service Continuity, and Economics
• Community services : Renewal of a long-standing dental service secures essential health access for Sunrise community and stabilises precinct revenue (02:08–02:49) (Item 7.1).
• Reliability emphasis : Staff cited on-time rental performance and reputation as renewal drivers, underscoring risk mitigation vs. vacancy (02:08–02:49) (Item 7.1).
• Vacancy management : Only Shop 1 vacant with active EOI via Colliers, indicating controlled vacancy and proactive leasing (03:06–03:42) (Item 7.1).
• Strategic optionality : Shop 6 rolling one-year options maintain services while enabling medium-term repositioning of the centre’s mix (04:27–05:18) (Item 7.2).
• Financial sustainability : Discussion linked tenant retention to precinct sustainability, consistent with Council’s commercial stewardship role (03:06–03:42) (Item 7.1).
Governance Notes
• Karen Finzel : Chaired, ensured movers/seconders, confirmed unanimous outcomes; meeting ran efficiently with no confidential items (opening; 03:51–04:05; 05:18–end) (Items 7.1, 7.2, 9, 10).
• Executive present : Minutes record attendance of Directors Richard MacGillivray , Margaret Gatt , and Kyrone Dodd ; transcript shows Robyn Mercer led the lease briefings (Attendance; 02:08–05:18).
• Record completeness : No conflicts of interest, material changes, or legal threats were recorded; all decisions were straightforward property leasing matters (entire session) (Items 7.1, 7.2).
Official Meeting MinutesRead minutes ↗
MINUTES

Services & Organisation
Committee Meeting

Tuesday, 8 April 2025

1:30 PM
Council Chambers, 9 Pelican Street, Tewantin

Committee: Crs Karen Finzel (Chair), Cr Jessica Phillips, Cr Frank Wilkie, Cr Nicola Wilson

“Noosa Shire – different by nature”
SERVICES & ORGANISATION COMMITTEE MEETING MINUTES 8 APRIL 2025

1. DECLARATION OF OPENING

The meeting was declared open at 1.30pm

2. ACKNOWLEDGEMENT OF COUNTRY

Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging.

3. ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Karen Finzel (Chair)
Cr Jessica Phillips (via Microsoft Teams)
Cr Nicola Wilson
Cr Frank Wilkie

NON COMMITTEE MEMBERS
Cr Tom Wegener (via Microsoft Teams)

EXECUTIVE
Director Development and Regulation Richard MacGillivray
Acting Director Corporate Services Margaret Gatt
Acting Director Infrastructure Services Kyrone Dodd

APOLOGIES
Nil.

4. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
The Minutes of the Services & Organisation Committee Meeting held on 11 March 2025 be received and confirmed.
Carried unanimously.

5. PRESENTATIONS

Nil.

6. DEPUTATIONS

Nil.

7. REPORTS FOR CONSIDERATION OF THE COMMITTEE
SERVICES & ORGANISATION COMMITTEE MEETING MINUTES 8 APRIL 2025

7.1. SUNRISE SHOPS - SHOP 4 LEASE RENEWAL

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
That Council note the report by the Commercial Business Advisor to the Services & Organisation Committee dated 8 April 2025 and A. Approve the lease renewal to Sunrise Dental Care Pty Ltd for Shop 4, Sunrise Shops for five (5) years commencing 1 July 2025; B. Authorise the Chief Executive Officer to award a subsequent two (2) by two (2) 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.

Carried unanimously.

7.2. SUNRISE SHOPS - SHOP 6 LEASE RENEWAL

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
That Council note the report by the Commercial Business Advisor to the Services & Organisation Committee dated 8 April 2025 and A. Approve the lease renewal to Cartor Pty Ltd for Shop 6, Sunrise Shops for one (1) year commencing 28 April 2025; B. Approve the CEO to award subsequent two (2) by 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.

Carried unanimously.

8. REPORTS FOR NOTING BY THE COMMITTEE

Nil.

9. CLOSED SESSION

Nil.

10. MEETING CLOSURE

The meeting closed at 1.38pm.

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