Ordinary Meeting, 15 May 2025
Date: Thursday, 15 May 2025 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 01:00:22
Synopsis: Noosa Springs approved; odour monitoring, Housing incentives; waivers; end sec-dwelling charges 2025, Compliance policy tightened; councillors barred, Road delays; industrial action; messaging review.
Meeting Attendees
Councillors
Frank Wilkie Karen Finzel Jessica Phillips Amelia Lorentson Brian Stockwell Tom Wegener Nicola Wilson Executive Officers
Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Development & Regulation Richard MacGillivray Director Strategy And Environment Kim Rawlings Director Infrastructure Services Shaun Walsh AI-Generated Meeting Insight
Key Decisions & Discussions Frank Wilkie: Confirmed Special Meeting minutes with a correction to a DMP graph provided by Brian Stockwell , ensuring accurate record (00:57–02:29; Minutes 4.2). Kerri Contini: Acknowledged misleading “has been resolved” SMS wording in customer request closures; pledged process and messaging review (03:36–05:54; Minutes 8.1 Q1). Shaun Walsh: Outlined road maintenance QA: external engineers for major works, internal crews for routine; delays due to wet weather and protected industrial action (06:13–08:07; Minutes 8.1 Q2). Kim Rawlings: Advised no community engagement for Cooroy Lots 2 & 3 within 12 months; focus on Lot 1 (Coast2Bay) and other sites first (09:02–10:41; Minutes 8.2 Q1–Q2). Kim Rawlings: Justified servicing/roadworks at 62 Lake Macdonald Dr despite pending consultation, citing future access needs regardless of end use; consultation will be shire-wide with targeted local input (11:41–12:49; Minutes 8.3 Q1–Q2). Council: Adopted incentives for social/affordable housing, incl. rate donation eligibility, DA fee waivers for affordable components, pre-lodgement fee relief, revised infrastructure charge rebates, and ceasing infrastructure charges for secondary dwellings from 1 July 2025 (11.1 Item 7.1). Council: Approved MCU21/0110 for Noosa Springs Resort Complex with conditions: pool hours limited to 6am–9pm and new real-time odour monitoring/management condition; directed scheme map refinements (19:41–24:21; 25:00–29:59; Minutes General Committee 7.1). Vote recorded: For: Wilkie, Stockwell, Wegener, Finzel; Against: Lorentson, Phillips, Wilson (43:02; Minutes General Committee 7.1). Jessica Phillips: Secured adoption of the Integrated Compliance & Enforcement Policy with clarified councillor roles, prohibiting operational involvement; added statutory anchoring to LGA 2009 and replaced “unlawful activity” with “breach” definition (44:56–59:08; Minutes General Committee 7.2). Council: Noted reports: delegated planning decisions (8.1), Capital Program status (8.1), Noosa River Recreational Boating Facilities update (7.3), Financial Performance YTD (8.1), and Environment Strategy 5‑year monitoring (8.2) (Minutes 11.1, 11.2, General Committee). Council: Awarded multi-supplier cleaning contract CN25031; CEO delegated to execute and manage extensions subject to performance (General Committee 9.1). Contentious / Transparency Matters Public Q&A (Cooroy Lots 2 & 3): Community sought local-first consultation; Council confirmed shire-wide consultation model and no near-term engagement, while proceeding with site servicing (08:26–12:49; Minutes 8.2–8.3). Service messaging: Admission that “resolved” texts did not reflect resident expectations; process review initiated to avoid misleading communications (03:36–05:54; Minutes 8.1 Q1). Noosa Springs approval: Close 4–3 vote after extensive debate on odour risks and amenity; added real-time odour monitoring condition to address community concerns (19:41–32:42; 43:02; Minutes General Committee 7.1). Industrial action disclosure: Maintenance delays linked to protected industrial action; transparency on service impacts and backlogs (06:13–08:07; Minutes 8.1 Q2). Supplier list correction: Procurement list amended to correct entity name to Lucid Software Inc., demonstrating attention to probity details (Services & Organisation 7.2). Legal / Risk Noosa Springs conditions: Council relied on expert odour assessment; added proactive monitoring and management plan to mitigate environmental nuisance risk consistent with Planning Act 2016 s45 considerations (31:10–33:33; Minutes General Committee 7.1). Condition reasonableness: Staff confirmed odour condition is “reasonable and relevant”; applicant retains right to representations against conditions (26:24–26:33; Minutes General Committee 7.1). Governance clarity: Compliance Policy now explicitly bars councillor involvement in operational enforcement decisions, aligning with Local Government Act 2009 and Code of Conduct; reduces probity and undue influence risks (44:56–52:30; Minutes General Committee 7.2). Mapping direction: Resolution to refine cadastral boundary for Tourism Accommodation Zone and Urban Area Boundary at next scheme amendment reduces ambiguity and future challenge risk (Minutes General Committee 7.1). Infrastructure charging: Decision to remove secondary dwelling charges from 1 July 2025 requires Charges Resolution update and clear comms to avoid reliance disputes (Minutes 11.1 Item 7.1 E). Industrial action impacts: Acknowledged service delivery constraints; risk of claims mitigated by transparent communication and prioritisation within budget limits (06:13–08:07; Minutes 8.1 Q2). Conflicts of Interest Brian Stockwell: Declared a declarable COI on housing incentives due to an outstanding infrastructure charge linked to a potential secondary dwelling; left room; item later carried unanimously (13:32–13:57; Minutes 11.1 Item 7.1). Jessica Phillips: Declared COI (temporary senior squad coach) on Cooroy Sports Complex Gymnastics Upgrade; Council resolved under s150ES LGA 2009 she could participate/vote as report was for noting and no personal benefit; she did not vote (15:53–17:13; Minutes 11.2 Item 8.1). Environmental Concerns Noosa Springs odour: New condition mandates real-time monitoring (e.g., hydrogen sulfide), onsite weather station, trigger alerts, and an Odour Action Management Plan; aim is proactive mitigation and traceability (19:41–29:35; Minutes General Committee 7.1). Biodiversity Overlay: Approval reduces intrusion after removal of a wing; staff/Crs noted offset planting and improved connectivity to high-value conservation areas (38:24–43:02; Minutes General Committee 7.1). Amenity safeguards: Pool hours restricted to 6am–9pm to limit noise impacts on neighbours and guests (Amendment No.1; Minutes General Committee 7.1). Environment Strategy: Five-year implementation progress noted; mid-term review recommended at halfway point of 10-year plan (Minutes 8.2). Planning Scheme & Zoning Changes Scheme maps: Direction to amend Tourism Accommodation Zone boundary and Urban Area Boundary at next Noosa Plan amendment to match approved plans at 61 Noosa Springs Dr (Minutes General Committee 7.1 B). Affordable housing incentives: Policy to waive MCU DA fees for affordable rental components; pre-lodgement fee support for CHPs/others; updated Infrastructure Charges Rebates for eligible community orgs (Minutes 11.1 Item 7.1 A–D). Secondary dwellings: Charges Resolution to remove references and cease issuing charge notices from 1 July 2025, supporting gentle density and affordability (Minutes 11.1 Item 7.1 E). Noosa River Recreational Boating Facilities Council: Noted update on recreational boating facilities; no resolution changes recorded, implying status tracking rather than new commitments (Minutes Services & Organisation 8.2; General Committee 7.3). Procurement & Capital Program Supplier list: Adopted amendments to Specialised Supplier List; corrected name to Lucid Software Inc. (Services & Organisation 7.2). Capital delivery: Noted 2024/25 program status as at 31 March 2025; debate limited due to COI procedures and report-for-noting posture (17:11–17:13; Minutes 11.2 Item 8.1). Cleaning contracts: Awarded CN25031 to multiple suppliers across separable portions; CEO delegated to negotiate and extend subject to performance (General Committee 9.1).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 15 May 2025 5:00 PM Cooroy Memorial Hall, 23 Maple Street Cooroy. Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” ORDINARY MEETING MINUTES 15 MAY 2025 1. DECLARATION OF OPENING The meeting was declared open at 5.01pm. 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 COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel Cr Jessica Phillips Cr Amelia Lorentson Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Director Infrastructure Services Shaun Walsh APOLOGIES Nil 4. CONFIRMATION OF MINUTES 4.1. ORDINARY MEETING MINUTES DATED 17 APRIL 2025 Committee Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson The Minutes of the Ordinary Meeting held on 17 April 2025 be received and confirmed. Carried unanimously. ORDINARY MEETING MINUTES 15 MAY 2025 4.2. SPECIAL MEETING MINUTES DATED 8 MAY 2025 The following material was presented to the meeting in relation to this item: Attachment 1 to the Ordinary Meeting dated 15 May 2025 - Updated Page 1 of Attachment 2 to Special Meeting 8 May 2025 DMP Where we Roam provided by Cr Stockwell. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That the Minutes of the Special Meeting held on 8 May be received and confirmed, with the following amendment: A. That it be noted that there was an error in the graph presented in “2025-05-08 Attachment 2 to Special Meeting - DMP Where we Roam - provided by Cr Stockwell” and 1. That a note be added to the Minutes of the Special Meeting dated 8 May 2025 that acknowledges this error; and 2. Provide the correct information as presented at the Ordinary Meeting dated 15 May - refer Attachment 1 to the Ordinary Meeting dated 15 May 2025 Updated Page 1 of Attachment 2 to Special Meeting 8 May 2025 DMP Where we Roam - provided by Cr Stockwell. Carried unanimously. 5. PETITIONS Nil. 6. PRESENTATIONS Nil. 7. DEPUTATIONS Nil. 8. PUBLIC QUESTION TIME 8.1. JULIANE VOGLER QUESTION 1 Could you please explain the meaning of the text message "has been resolved" in your work request procedure regarding the completion of the requested task, when the request has not actually been completed? RESPONSE PROVIDED BY KERRI CONTINI, DIRECTOR COMMUNITY SERVICES Thank-you Ms Vogler for your question about Council’s customer request messaging. I am responding as the director responsible for Council’s Customer Experience. Council operates a customer request system which creates a record when customers lodge a request for investigation and this then produces work orders for the staff to action. Our records show that you submitted two Customer Requests numbered RM2024/00202 and RM2024/00219 in January 2024 about issues with debris and trees blocking water flows on Upper Pinbarren Rd. Council ORDINARY MEETING MINUTES 15 MAY 2025 staff did attend the site in response to your requests and conducted works to clean the front of the pipes and remove debris. After this was complete, the staff signed off on the system work order as complete because they had cleared the debris and the water was now flowing freely. The system then automatically sent you text messages advising that the requests “had been resolved” as the staff had actioned the task and completed the work that they saw necessary at the time. You submitted further requests three weeks ago (RM2025/09299 and RM2025/00304) regarding the fallen tree. Staff have attended the site and agreed that the fallen tree is detouring water onto the road and should be considered for removal. Due to current work backlogs this has not progressed further. I acknowledge that you only received text communications in 2024 and that these messages would have been confusing and frustrating as they did not reference the tree across the waterway and indicated the matter had been resolved when it had not been from your perspective. We are reviewing our processes when responding to customer requests including improving communication with customers and ensuring system messages are meaningful. Your feedback has been helpful and I have provided it to the team doing this review. QUESTION 2 How does Noosa Council's quality control system regarding road maintenance/road repair including external companies/contractors work? RESPONSE PROVIDED BY SHAUN WALSH, DIRECTOR INFRASTRUCTURE SERVICES Thankyou for your question. Upper Pinbarren Creek Road is an unsealed road of over 5kms length with multiple waterway crossings, noting Noosa Shire has approximately 200kms of unsealed road across the Shire. Over the last 3 years Noosa Shire has had significant rainfall across the shire that has caused road infrastructure failures in over 20 locations, and the weather has proven to be very problematic in term of ongoing drainage issues and road failures. The Upper Pinbarren Creek catchment is particularly volatile from flashing flooding and road damage due to steep hills and multiple waterway crossings. In terms of quality control for major repair works, such as the landslide repair work recently undertaken on the road, this work is overseen by external contracted engineers with expertise in landslides and road reconstruction. Review of the work adequacy is also assessed by Council's own engineers to ensure satisfactory outcomes. In terms of quality control for routine road surface maintenance and drainage clearing work, this work is undertaken by Council internal crews, overseen by Council's own engineers to ensure satisfactory outcomes. It is acknowledged that Council has a back log of maintenance requests on our unsealed roads and associated drains, arising from ongoing wet weather and damage, including Upper Pinbarren Creek Road. This has been compounded in recent weeks with protected industrial action by Council's outside workforce halting maintenance works. Council will attend to outstanding road maintenance and drainage tasks on Upper Pinbarren Creek Road as soon as possible, but within the constraints of available staff and maintenance budgets. Council appreciates all residents’ patience arising from ongoing poor weather and recent industrial action impacting maintenance delivery across the Shire. 8.2. PAT SPICER QUESTION 1 The overall emphasis in this question is seeking transparency, understanding details and ensuring community’s needs and concerns are properly addressed in the council decision making process, so what are council’s plans for the community consultation for future uses of Lots 2 and 3 of the subdivision at 62 ORDINARY MEETING MINUTES 15 MAY 2025 Lake Macdonald Drive, Cooroy? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT No Community Engagement and Communications plan has been prepared as yet for consideration of proposed Lots 2 and 3, as Council is focussed on current project priorities and focussed on Lot 1. Council is also looking at Council owned carpark sites in Tewantin and Noosa Heads and will do this prior to considering Lots 2 and 3 at Cooroy. With resources and priorities focussed on other projects, consultation on future lots 2 and 3 is unlikely to formally begin in the next 12 months. QUESTION 2 When will council organise the community meeting on future uses of Lot 2 and 3 Lake Macdonald Drive, Cooroy considering the community could vote for no further housing and assuming the council does intend to take that possible outcome into consideration and honour the resident’s wishes as there could be a huge saving to subdivision costs if the lots are not made fully housing ready as is the current plan in the subdivision works? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT Council has resolved to remediate the whole site and to facilitate the development of Lot 1 by Coast2Bay Housing. Coast2Bay have time commitments for the delivery of Community Housing on Lot 1 in order to meet the conditions of their capital grant. There is no fixed timing for further investigations of proposed Lots 2 & 3 and Council intends to investigate other sites in Tewantin and Noosa Heads this year, prior to considering Lots 2 and 3 in Cooroy. Operational works including the internal road will assist with the traffic and access during the construction of the residential units on Lot 1, so as to mitigate impacts on Lake Macdonald Drive and surrounding neighbours. When the time comes there will be a range of communications methods used to share information and garner the views of the Noosa Shire community, catering to both face to face discussions and online participation. 8.3. WENDY SCOTT QUESTION 1 Council committed to consulting the community regarding the preferred use of Lots 2 and 3 at 62 Lake Macdonald Drive, Cooroy, with the understanding that the outcome may not involve further housing development. Given that this consultation has not yet taken place, why is Council proposing to invest hundreds of thousands of dollars in constructing a road and installing utilities to support housing on these lots? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT While no decision has been made about the future use of proposed Lots 2 and 3, any future use would likely be for some purpose for which people will be accessing the land, in higher numbers than they currently do. Whether people live there, work there or recreate there in the future, Council has decided to remediate and service the site. QUESTION 2 Does the Council’s definition of 'community consultation' refer specifically to consultation with the Cooroy community, where the land in question is located? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ORDINARY MEETING MINUTES 15 MAY 2025 ENVIRONMENT Prior to the development of Lots 2 & 3 or even the commitment of their future use, Council will consult with the whole of its community. This would include targeted consultation with the adjoining residents and the immediate Cooroy neighbourhood, however it will also take into account the whole Shire and the needs of the Noosa Shire community. When the time comes there will be a range of communications methods used to share information and garner the views of the community. 9. MAYORAL MINUTES Nil. 10. NOTIFIED MOTIONS 10.1. AUDIT AND EXPLORE OPTIONS TO REDUCE THE USE OF SINGLE-USE PLASTICS IN COUNCIL OPERATIONS Cr Lorentson withdrew the Notice of Motion. 11. CONSIDERATION OF COMMITTEE REPORTS 11.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 MAY 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Karen Finzel (via Microsoft Teams) EXECUTIVE Chief Executive Officer Larry Sengstock Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Infrastructure Services Shaun Walsh Acting Director Corporate Services Margaret Gatt APOLOGIES Nil. ORDINARY MEETING MINUTES 15 MAY 2025 COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. HOUSING STRATEGY - FINANCIAL INCENTIVES FOR SOCIAL AND AFFORDABLE HOUSING In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as I am currently constructing a dwelling house and have been issued with an Infrastructure Charges Notice, as a component of the structure has been deemed to be capable of being used as a secondary dwelling. As this payment is outstanding, awaiting an imminent final inspection, it may be perceived that I have a potential bias. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Stockwell left the meeting. Council Resolution Moved: Cr Tom Wegener Seconded: Cr Nicola Wilson That Council note the report by the Principal Strategic Planner to the Planning & Environment Committee Meeting dated 6 May 2025 regarding financial incentives for development of social and affordable housing, and A. At Council's next review, clarify in the General Rate Donation Policy that notfor-profit organisations providing crisis or emergency transitional housing or affordable rental premises are eligible to apply for up to 100% donation on general rates on such accommodation; B. For private residential developments that include a component of affordable rental premises, waive the development application fee for Material Change of Use applications for the component of affordable rental premises as defined in the proposed amendments to Noosa Plan 2020; C. Waive the pre-lodgement meeting administration fee for not-for-profit community housing providers and allow for reimbursement of up to 50% of the pre-lodgement administrative fee where other applicants proceed to formally apply for a development permit for a proposal including affordable rental premises; D. Adopt the revised Council Policy on Infrastructure Charges Rebates for Eligible Community Organisations provided as Attachment 1; E. Remove reference to secondary dwellings from Council's Charges Resolution and cease issuing charge notices for secondary dwellings from 1 July 2025; and F. Prepare explanatory material which will guide applications on the changes outlined in recommendations A-E above. Carried unanimously. Cr Stockwell returned to the meeting. 7.2. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS That Planning & Environment Committee Agenda Item 7.2 be referred to the General Committee due to the significance of the issue. ORDINARY MEETING MINUTES 15 MAY 2025 8.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH 2025 That Council note the report by the Development Assessment Manager to the Planning and Environment Committee Meeting dated 6 May 2025 regarding applications that have been decided by delegated authority for March 2025 as per Attachment 1 to the Report. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That the report of the Planning and Environment Committee meeting dated 6 May 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 11.2. SERVICES & ORGANISATION COMMITTEE REPORT - 6 MAY 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Frank Wilkie Cr Jessica Phillips Cr Nicola Wilson NON-COMMITTEE MEMBERS Cr Tom Wegener (for Item 7.1) Cr Amelia Lorentson (for Item 7.1) EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Acting Director Corporate Services Margaret Gatt Director Infrastructure Services Shaun Walsh APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. INTEGRATED COMPLIANCE & ENFORCEMENT POLICY That Services & Organisation Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue. 7.2. NOOSA SHIRE COUNCIL SOLE AND SPECIALISED LISTS That Council note the report by the Procurement & Contracts Advisor to the Services & Organisation Committee Meeting dated 6 May 2025 and adopt the amendments to the Specialised Supplier List with a change to the name in the table in the Report in Row 2 from Lucid Inc to Lucid Software Inc. for the remaining term of the list’s validity period, being until 16 October 2025. ORDINARY MEETING MINUTES 15 MAY 2025 8.1. CAPITAL PROGRAM 2024/2025 DELIVERY STATUS In accordance with Chapter 5B of the Local Government Act 2009, Cr Phillips provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Phillips, inform the meeting that I have a declarable conflict of interest in this matter in relation to Cooroy Sports Complex Gymnastics Upgrade and upcoming tender mentioned in the Capital Program Delivery Status Report, as I am the senior squad Coach of the Club in a temporary capacity. As per previous declarations, although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I do not stand to receive a personal benefit or loss in relation to this matter. 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 Brian Stockwell Seconded: Cr Amelia Lorentson That Council note the declarable conflict of interest by Cr Phillips and determine that in accordance with s150ES of the Local Government Act 2009, and having considered the Councillor's conflict of interest as described, it is decided that Cr Phillips may participate and vote on this matter in relation to the Cooroy Sports Complex Gymnastics Upgrade mentioned in the Capital Program Delivery Status Report which is only a report for noting, as Cr Phillips does not stand to receive a personal benefit or loss in relation to this matter. Carried unanimously. Cr Phillips having declared a conflict of interest was not eligible to vote. Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson That Council note the report by the Director Infrastructure Services to the Services & Organisation Committee Meeting, 6 May 2025, providing an update on the delivery of the 2024/25 Capital Works Program as at 31 March 2025. Carried unanimously. 8.2. NOOSA RIVER RECREATIONAL BOATING FACILITIES - UPDATE That Services & Organisation Committee Agenda Item 8.2 be referred to the General Committee due to the significance of the issue. Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That the report of the Services and Organisation Committee meeting dated 6 May 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously? ORDINARY MEETING MINUTES 15 MAY 2025 1 GENERAL COMMITTEE MEETING REPORT - 12 MAY 2025 1. 3. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Brian Stockwell (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Tom Wegener Cr Frank Wilkie Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Director Infrastructure Services Shaun Walsh APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 6 MAY 2025) The following material was presented to the meeting in relation to this item: - Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring Motion Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the Further Report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 6 May 2025 regarding Application No. MCU21/0110 for a Development Permit for a Material Change of Use – Resort Complex and ancillary Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Club (minor extension to existing clubhouse) at 61 Noosa Springs Drive, Noosa Heads and: A. Approve the application subject to conditions in accordance with Attachment 1. B. The Zoning and Strategic Framework Maps covering the site be reviewed as part of the next amendment of the Noosa Planning Scheme to provide a cadastrally based boundary to the Tourism Accommodation Zone and an amended Urban Area Boundary to reflect the approved plans. ORDINARY MEETING MINUTES 15 MAY 2025 Amendment No. 1 Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That Item A be amended to read: Approve the application subject to conditions in accordance with Attachment 1, with an amendment to Condition 11 to read: "11. Use by guests and visitors of the swimming pools is limited to the time period 6am to 12am 9pm only." Carried unanimously. Amendment No. 2 Moved: Cr Jessica Phillips Seconded: Cr Karen Finzel That Item A, include the following addition: Include new condition to be inserted as Condition 14, and subsequently renumber the existing conditions to follow. The new condition is provided in Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring. Carried unanimously. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the Further Report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 6 May 2025 regarding Application No. MCU21/0110 for a Development Permit for a Material Change of Use – Resort Complex and ancillary Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Club (minor extension to existing clubhouse) at 61 Noosa Springs Drive, Noosa Heads and: A. Approve the application subject to conditions in accordance with Attachment 1, with 1. An amendment to Condition 11 to read: "11. Use by guests and visitors of the swimming pools is limited to the time period 6am to 9pm only."; and 2. Include new condition to be inserted as Condition 14, and subsequently renumber the existing conditions to follow. The new condition is provided in Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring. B. The Zoning and Strategic Framework Maps covering the site be reviewed as part of the next amendment of the Noosa Planning Scheme to provide a cadastrally based boundary to the Tourism Accommodation Zone and an amended Urban Area Boundary to reflect the approved plans. For: Crs Wilkie, Stockwell, Wegener and Finzel Against: Crs Lorentson, Phillips and Wilson Carried. ORDINARY MEETING MINUTES 15 MAY 2025 7.2. INTEGRATED COMPLIANCE & ENFORCEMENT POLICY (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 6 MAY 2025) Motion Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Council A. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and B. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1 Amendment No. 1 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That item B, 1, be added to read: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not involve themselves in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties. Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area. Councillors may actively support and promote voluntary compliance through advocacy, education, and community engagement. This includes encouraging understanding of relevant regulations and fostering cooperative relationships between the council and the community. Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance. " Carried unanimously. Amendment No. 2 Moved: Cr Brian Stockwell That the wording below be reinstated in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" : "Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not be involved in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties. Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area." and Add words in red below, after paragraph 2, as follows: However, councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement ORDINARY MEETING MINUTES 15 MAY 2025 notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, Councillors can consider legal and prosecution matters as reported by staff through the established council meeting processes." The Amendment No. 2 lapsed for want of a seconder. Amendment No. 3 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That the wording in B,1 be amended to read: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Councillors may actively support and promote voluntary compliance through advocacy,education and community engagement by This includes encouraging an understanding of relevant laws and regulations. and fostering cooperative relationships between the council and the community. Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed adopted Governance Framework. This includes (but is not limited to) participation in investigations, and/or advocating or taking over the matter on behalf of the applicant relating to the issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance. Notwithstanding this, Councillors can consider formal legal and prosecution matters as reported by staff through the established council meeting processes." Carried unanimously. Amendment No. 4 Moved: Cr Nicola Wilson Seconded: Cr Karen Finzel That the wording below be inserted in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" after the current wording: "Councillors roles are defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are consistent with the Act." Carried unanimously. Amendment No. 5 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That item B 2 be added to read: 2. Remove the definition of “unlawful activity” from the draft policy provided at Attachment 1 and replace with the definition of “breach” which is defined as: ORDINARY MEETING MINUTES 15 MAY 2025 Carried unanimously. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Council A. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and B. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1; with the following amendments: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Councillors may actively support and promote voluntary compliance through education, and community engagement by encouraging an understanding of relevant laws and regulations. Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s adopted Governance Framework. This includes (but is not limited to) participation in investigations, and/or advocating or taking over the matter on behalf of the applicant relating to the issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures.Notwithstanding this, Councillors can consider formal legal and prosecution matters as reported by staff through the established council meeting processes." Councillors roles are defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are consistent with the Act." and 2. Remove the definition of “unlawful activity” from the draft policy provided at Attachment 1 and replace with the definition of “breach” which is defined as: ORDINARY MEETING MINUTES 15 MAY 2025 Carried unanimously. 7.3. NOOSA RIVER RECREATIONAL BOATING FACILITIES - UPDATE (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 6 MAY 2025) That Council note the report by the Director Infrastructure Services to the Services & Organisation Committee dated 6 May 2025 regarding Noosa River Recreational Boating Facilities. 8.1. FINANCIAL PERFORMANCE REPORT – APRIL 2025 That Council note the report by the Financial Services Manager to the General Committee Meeting dated 12 May 2025 outlining the April 2025 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. 8.2. NOOSA ENVIRONMENT STRATEGY IMPLEMENTATION PLAN 5-YEAR MONITORING REPORT That Council note the report by the Environmental Services Manager to the General Committee Meeting dated 12 May 2025 regarding the Noosa Environment Strategy Implementation Plan for the 2023/24 Financial Year, and A. Note the progress against the targets and strategies in the Environment Strategy and the implementation actions in the Noosa Environment Strategy Implementation Plan for the 2023/24 FY; and B. Note the recommendations for the mid-term review and update of the Environment Strategy, at this halfway point into its 10-year implementation. 9.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - CONTRACT NO: CN25031 - PROVISION OF CLEANING SERVICES FOR ADMINISTRATION BUILDINGS, LIBRARIES AND OTHER FACILITIES. That Council note the report by the Building & Facilities Coordinator (Acting) to the General Committee Meeting dated 12 May 2025 and: A. Award Contract No. CN25031 for Provision of Cleaning Services for Administration Buildings, Libraries and Facilities under a schedule of rates contract, for an initial term of two (2) years commencing 30 June 2025 and expiring on 27 June 2027, to the following contractors: 1. CMBM Facility Services Pty Ltd for Separable Portions A and B; 2. Ecovist Pty Ltd ATF R & R McKindlay Trust t/as Ecovia for Separable Portions C, D and F; and 3. David Gillman for Separable Portions E and G. B. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the Contract on behalf of Council and, subject to satisfactory performance of the suppliers, approve the options to extend the contract at the expiry of initial term for a further two (2) periods of up to 24 months each. ORDINARY MEETING MINUTES 15 MAY 2025 Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson That the report of the General Committee meeting dated 12 May 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 12. ORDINARY MEETING REPORTS Nil. 13. CONFIDENTIAL SESSION Nil. 14. NEXT MEETING The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 19 June 2025 at 10.00am. 15. MEETING CLOSURE The meeting closed at 6.01pm.
Meeting Transcript
Frank Wilkie 00:00.401
On the 15th of May, I declare the meeting open at 5pm and thank you everybody for turning out. I'd like to begin by acknowledging the Traditional Custodians of the land in which we're meeting, which is the Kabi Kabi People. My I pay respects my to gerald's all those past president, present alergic, emerging. And reiterate their invitation. For us as joint custodians joining with them and respecting and caring for this place we all love and respecting and caring for each other. I note that all councils are in attendance. The first item is confirmation of the Minutes. May I have a mover and a seconder for the Minutes of the Ordinary Meeting on the 17th of April. Happy to move. Thank you Councillor Finzel. We have a seconder. Thank you Councillor Lorentson. Thank you. All in favour? That's carried unanimously. Can movement? I have a mover and a seconder for the Minutes of the Special Meeting held on 8th May 2025? We'll need to move it first. I'll move it as part of the motion. Okay. Councillor Stockwell. Brian Stockwell 00:59.403
I will move, the way I've agreed. You're not supposed to laugh at me. I'm going to move this way. It slightly because the Minutes of the Special Meeting held on the 8th May, we received it confirmed with the following amendment. Richard MacGillivray 01:13.803
That if you go to the character Brian Stockwell 01:15.608
Of the graphic position, 2025, that's our way of taxing. The Minutes of the Special Meeting DMP will be provided by. A quality answer to this topic. And one, we know that as the Minutes on speaker meeting that it has made pretty good use of knowledge of this area, and two, provides a very good information that's limited to the ordinary. The meeting day, 15th of May. If you're a past moment, you're already meeting day, 15th of May, 20th of May, up at a state moment, on the 22nd, 23rd, 8th of May. Going to stop there, because you didn't need it. Frank Wilkie 01:51.577
We have a seconder for that motion, please. I'll be the second to support the change. Thank you, Councillor Finzel. Any discussion? Brian Stockwell 02:03.665
Did identify the error after the meeting and had circulated by the Councillors. The graph used was the incorrect one. While the rankings between the various options were the same, there were slight differences in the percentage. Are options. The do-nothing option from India and the transformation. Options were both 6% higher. So nothing that I said was leading anyone to the wrong conclusions, but it's important to have the thank right information on you, record. Frank Wilkie 02:29.888
Thank you, Councillor Stockwell. Any further discussion? We'll put the motion those in favour. That's carried unanimously. There are no presentations, there are no deputations. We have three submissions for public question time. The first are questions is from Ms Juliane Vogler. Ms Vogler, would you like to come to the lectern and read your questions, which will be answered by Kerri Contini, Director Community Services, and Shaun Walsh, Director Infrastructure Services. Thank you, Ms Vogler. Today, bet. My name is Jeff. I feel like I have to rest a bit. You are now the resident of hartfordshire, maryfield road. If you would like to so can I say a question first, and then you can make that, or. Just a question, thank you. Only a question. Just a question. Juliane Vogler 03:16.958
Okay. Could you please explain the meaning of the text message "has been resolved"? In your work request procedure regarding the completion of the requested task, when the request has not actually been completed. Kerri Contini 03:36.977
Thank you, Ms Vogler, for your question about council's customer request messaging. My response was on the directive for our council's customer experience service. Council operates a customer request system which a record and customers lodge a request for investigation. And this then produces what we call work orders for the staff to action. Our records show that we submitted two customer requests. With now with number RM. RM2024202 and RM20 in January 2024 about issues with debris and trees blocking water flows on Upper Pinbarren Road. Right, Council staff did attend the site in response to your request and conducted works to clean the front of the pipes and remove debris. After this was complete, staff signed off on the system work when it was complete because they had cleared was complete cleaned debris and the through. Water was now flowing freely. The system then automatically sent you text messages. Advising that the requests had been resolved as the staff had actioned the task. And completed the work that they saw necessary at the time. You submit a prayer request three weeks later. Weeks ago, RM20259299 and RM2025304. Regarding the fallen tree. Staff have attended the site. And agreed that the fallen tree is detouring water onto the road. And should be considered fall removable. Due to current work backlogs. This has not progressed further. I acknowledge that you only received text communications in 2024. And that these text messages could have been confusing and frustrating. As they did not reference the tree across the broad way. Hallway and indicated the matter had been resolved but it had not been your perspective. We are reviewing our processes for responding to customer requests including improving communication with customers and ensuring system messages are. Thank you. Your feedback has been helpful and I've provided it to the team where we're at. Frank Wilkie 05:54.951
Thank you, Director Contini. May. Question two please, Ms. Mobley. Juliane Vogler 06:02.620
How does Noosa cancel quality control system regarding road maintenance, road repair, including expansion of the east end project as well? Shaun Walsh 06:13.631
You very much. Thank you for your question. Upper Pinbarren Creek Road is an unsealed road of over 500 kilometres length with multiple waterway kilometres crossings. Noting Noosa Shire has approximately 200 kilometres of unsealed roads across the Shire. Over the last three years Noosa Shire has had significant rainfall across the Shire and has caused road infrastructure failures in over 20 locations. Where that weather has proven to be very problematic in terms of ongoing drainage issues and road failures. The Upper Pinbarren Creek catchment is particularly volatile from flash flooding and road damage due to steep hills and multiple waterway crossings. In terms of quality control for major repair works such as the landslide repair work recently undertaken on the road, this work is overseen by external contracted engineers with expertise in landslides and road reconstruction. Review of the work adequacy is also assessed by council's own engineers to ensure satisfactory outcomes. In terms of quality control for routine road service maintenance and drainage clearing work, this is undertaken by Council internal crews overseen by Council own engineers to ensure satisfactory outcomes. It is acknowledged that Council has backlog of maintenance requests on our unsealed roads and associated drains arising from ongoing wet weather and damage, including Upper Pinbarren Creek Road. This has been compounded in recent weeks with protected industrial action by council's outside workforce, halting maintenance works. Council will attend to outstanding maintenance and drainage tasks on Upper Pinbarren Creek Road as soon as possible, but within the constraints of available staff and maintenance budgets. Council appreciates. All residents' patience arising from the ongoing poor weather and the recent industrial action impacting maintenance delivery across the Shire. Frank Wilkie 08:07.663
Thank you. Ms. Conlon. The next questions are from Ms. Pat Spicer. Ms. Spicer, would you like to come to the lectern and read your questions, which will be answered by Kim Rawlings, Director Strategy and Environment. Pat Spicer 08:27.561
The overall emphasis in this question is in seeking transparency, understanding details, and ensuring communities' needs and concerns are properly addressed in the council's decision-making process. So what are council's plans. For the community consultation for future uses of block 2 and 3 of the subdivision at 62 Lake Macdonald Drive? Frank Wilkie 08:55.504
Director Rawlings? Hello, Kat. Kim Rawlings 08:58.126
Thank you for your question. At this stage. No community engagement in our communications plan has been prepared, as yet, for consideration of those lots of 2 and 3, as Council is focused on current project roads and focused en bloc 1. Council is also looking at. Owned car park sites in Tewantin and Noosa Heads, and will do this prior to considering lots 2 and 3. With resources and priorities focused on other projects, consultation on future lots 2 and 3 is unlikely to begin formally in the next 12 months. Second question please. Pat Spicer 09:38.638
When will Council organise a community meeting on future uses of lots 2 and 3 in Lake MacDonald valley, Cooroy, considering the community could vote for no further housing? And assuming that Council doesn't intend to take that possible outcome into consideration and honour the residents' wishes, as it would be a huge saving to subdivision costs if the lots are not made fully ready for housing bending, the hands, it's the turn. We're planning plan for subdivision buildings. Kim Rawlings 10:16.200
Have that question, but the answer is the same. Council is currently not planning to undertake consultation. There are no formal plans for community consultation on lots two and three at this stage due to a focus on lot one. When it does occur, we'll be notified, but it's unlikely to be in the next 12 months given other project priorities. Pat Spicer 10:41.405
That's why I appreciate yes, Frank Wilkie 10:45.159
That's correct. Thanks, Pat. Thank you, Ms. Spicer. Next questions are from Wendy Scott, but Ms. Scott is not in attendance but has requested that Pat Spicer read our questions, which will again be answered by Kim Rawlings, Director Strategy and Environment. The question Pat Spicer 11:07.950
The question was, "Council committed to consulting the premier. The community regarding the preferred use of lots 2 and 3 at 62 Lake Macdonald Drive, Cooroy, with the understanding that the outcome may not involve further housing development. That this consultation has not yet taken place, why is Council proposing to invest hundreds of thousands of dollars in constructing a road and installing utilities to support housing thank you, Mr. President, for comments. On these laws. Thanks for the question on behalf of the committee. Kim Rawlings 11:45.955
While no decision has been made about the future use of proposed lots two and three, any future use would likely be for some purpose for which people would be needing to access the land in higher numbers than they currently do. There, work people live there or recreate there in the future. Council has therefore decided to remediate and service the whole site. Pat Spicer 12:10.186
Does the council's definition of community consultation refer specifically to consultation with the Cooroy community where the land in question is located? Gadget. Kim Rawlings 12:25.075
One, two, three. Prior to any development of lots 2 and 3 or even a commitment to their future use, Council will consult with the whole of its community. This would include targeted consultation with the adjoining residents and the immediate Cooroy neighbourhood. However, it will also take into account the whole Shire and the needs of the Noosa community. When the time comes, there will be a range of communication methods used to share information and garden the views of the community. Frank Wilkie 12:50.239
Thank you, Ms Spicer. Item 10, we have a notified motion which has been withdrawn. That brings us to consideration of committee reports. These were reports dealt with last week at the Planning & Environment Committee portfolio of the Services & Organisation Committee portfolio. 7.1 housing. Strategy, Financial Incentives for Social and Affordable Housing. We have a declaration. Councillor Stockwell. Brian Stockwell 13:32.355
I wish we could all be like a family partner in this matter, Frank Wilkie 13:36.233
As I am now. Brian Stockwell 13:48.670
The final inspections, it made me feel that I had a perfect life. Frank Wilkie 13:52.711
And as a result of my confidence in this, I will now agree on the matter to continue in the very long term. Councillor Stockwell, guys. Left the building. Do we have a mover and a seconder for the Housing Strategy item 7.1, please? Councillor Wegener, seconded by Councillor Wilson. Is there any discussion on the item? I'll put the. I'll put the item to the vote, those that nay. That's carried let's carry unanimously. Please Councillor over. All right. Thank you, Councillor Stockwell. Item 7.2, which was a further report on the application for Material Change of Use of resort complex. That was referred to the General Committee Meeting. Item 8.1 is planning applications decided by delegated authority. And that was the last item in the Planning & Environment Committee report. Portfolio. May I have a mover and seconder for the Planning & Environment Committee recommendations to be adopted except we are dealt with separately. Thank you. Councillor Stockwell. May I have a second please. Thank you Councillor Wegener. All in favour? That's carried unanimously. Next we have the Services & Organisation Committee reports. Item 7.1.7.1 was the Integrated Compliance & Enforcement Policy. It was referred to the General Committee Meeting. 7.2 was the Noosa Shire. Council Sole and Specialised Lists. Item 8.1 is the Capital Program Delivery Status update on all capital projects. Councillor Phillips will have a declaration to make. Jessica Phillips 15:52.730
Thank you, Mr. Mayor. I, Councillor Phillips, inform the meeting that will. I have a declarable conflict of interest in this matter in relation to Cooroy Sports Complex Gymnastics Upgrade and upcoming tender mentioned in the Capital Program Delivery Status report as I am the senior sport coach of the club in a temporary capacity. As per previous declarations, although I have a declarable conflict of interest, I do not believe a reasonable person would have a protection of bias as I do not stand to receive a personal benefit or loss in relation to this matter. 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. All right, Councillors. Frank Wilkie 16:39.244
I have approved the standard resolution which is on the screen about the Council building the remaining room. 169 please. Second. Can I ask a question? Sorry, Councillor Lorentson. You're up and down too quickly. Thank you. Any discussion on that? All in favour? It's unanimous, noting that Councillor Phillips did not vote. Now, can we have a mover and seconder for the committee recommendation on the capital program, please? Happy to move, happy to second. Councillor Finzel, seconded by Councillor Lorentson. All in favour? That's carried unanimously. Now, may we have a mover and seconder for the services and organisations. Recommendations. To be adopted, except we're dealt with separately, by Councillor Wilson, Councillor Phillips. All in favour? That's carried unanimously. We now come to a further report, the item that was referred from the Planning & Environment Committee, which is item 7.1, application for a Material Change of Use, resort complex and ancillary bar, food and drink outlet, outdoor sport, recreation and club. Minor extension to existing clubhouse at 61 Noosa Springs Drive, Noosa Heads, which was referred from the Planning & Environment Committee dated 6 May 2025. We're going to take up where this motion was left off on Monday with the motion before us. So where we left off on Monday was that Councillor Stockwell and I had moved the motion. Every Councillor had has spoken to it. Then Councillor Finzel moved a deferral motion to tonight, which means that Councillor Finzel and Stockwell are yet to speak to this motion, but councils are free to move amendments to this motion on our questions. Do we have amendments? I'd like to make an amendment, please. Councillor Phillips? Is there any way we can have the amendment large on that screen, not the world's biggest? Council Councillor Phillips, can you read that all right? We might require you to walk us. Jessica Phillips 19:02.600
It's okay, okay, thank you. That item A includes the following addition. Include new condition to be inserted as condition 14. And subsequently, renumber the existing conditions to follow. The new condition is provided in attachment 3 to the Ordinary Meeting dated 15 May 2025. New condition, Noosa Springs Odour Monitoring. Unknown 19:31.778
I can't think of what I'm saying. Sorry. Yeah, we have it. We'll just get it read out in the exhibition. Okay. I'll have to go. Yeah. Jessica Phillips 19:52.479
14, Real-time odour monitoring. A, equipment intent. Install and maintain a real-time odour monitoring system which continuously samples odour on the resort site and provides real-time updates to resort management of odour concentrations. The monitoring system must monitor relevant odour indications such as hydrogen. Up in patients, sulfide, and provide real-time alerts via email SMS to resort management when trigger levels are reached or exceeded. The monitoring system must include an on-site weather. Station with real-time output for comparison to odour results to identify potential odour source location. Upon receipt of an odour alert, resort staff must implement management actions. To advise persons in odour areas to relocate indoors until such time as real-time odour monitoring results. Are available throughout the day. Approval, prepare an odour action management plan and submit to Council for approval, which details all. I, certifications for a real-time odour monitoring system. Including A, equipment requirements, including the relevant Australian standards to which the equipment must be provided and maintained; B, odour indicators to be monitored, I.e. like to control water or other representative. Bridge representative indicators; C, trigger concentrations of odour indicators which are represented. Representative of odour concentrations which may result in the exceedance of the Queensland odour guideline standard. De location or monitoring points. Co-located weather station with real-time output or comparison to odour. Odour results to identify odour solutions. Potential odour sources of information. F. Data storage and record keeping equipment. G. Calibration and maintenance requirements. I. Actions to be undertaken by resort management on receipt of odour alert for my words real-time odour I.e. relocating external guest persons to different areas, closing up in those for doors those of you to who are communal new the community, I space would like areas, etc. to say thank you to all of you thank you. To be kept of odour alert actions undertaken and any odour complaints received in respect of odour alert events. And records to be available. Frank Wilkie 22:42.788
We have a seconder for the purpose of debate. Have you a second for the purpose of debate? Thank you, Councillor Finzel. Councillor Phillips, you have the floor. Jessica Phillips 22:51.565
Yes, thank you. Hopefully I was fairly self-confident. Fairly self-experienced. I will speak to this amendment. My amendment introduces real-time odour monitoring conditions for the Noosa Springs Resort. An amendment that's not just about technology, but this is about responsibility, transparency, and to and build trust. This is about placing, putting in place clear expectations. So we're not scrambling to respond after the fact, but proactively protecting the people who live, work, and visit there. The amendment calls for real-time odour monitoring using proven technology that can detect substances like hydrogen sulphide. Relying on guest complaints after the fact is not good enough. With a system in place, operators will be able to respond immediately. One of the most one important parts of my amendment is removing grey areas. When odour level rises, who's responsible? What happens next? This amendment spells it out. Resort operators must act, whether that's mitigating the source or simply advising guests to move indoors. If Council fails to include clear monitoring and action requirements now, we can open the door to confusion, complaints and possible credibility loss. If we can support this amendment, we can show that we're serious about responsible development. Looking now and into the future. The president Frank Wilkie 24:20.482
Thank you, Council. You, Councillor Phillips. Do we have any questions, Councillors, or comments? Wanting to speak to the amendment? Councillor Finzel? Karen Finzel 24:31.871
I do. Thank you, Councillor Jess. This is a question for planning staff. This sounds like it's the job of Unitywater. Can you please explain what are the benefits to both the hotel owners? Guests and the broader community, if we choose to vote on this amendment and carry it forward, how does that benefit everyone who's involved? Richard MacGillivray 24:59.526
Thank you, Madam Chair. This condition would add further mitigation to concerns. Chair. Mitigation further measures to concerns. Regarding potential for odour complaints. This would put an additional layer of responsibility on the resort to have real-time monitoring of any odour and then having a management response activated. At any time in living the levels room. Of odour, whether it be day or night, making a particular response under the management plan. So it adds further obligations on the resort to manage potential risks of odour I think in the bicycle trick you can find treatment plant approximately 300 metres away and will lead to prevent complaints being arisen because it will be an active management plan in place prior to those issues arising. Thank you very much. Councillor, I'd like to ask a question. Did you assist the Council with drafting of this amendment condition? Through the Chair, the Councillor did ask for some advice in relation to these matters. We sought input from our odour expert who's been assisting us with reviewing the application material and assisted with drafting a framework which would be robust enough and require further assessment at an operational work stage. Frank Wilkie 26:24.503
And if the applicant. If we did approve this and the applicant considered these conditions unreasonable, they can make representations. Said that this is and to the condition down the track. Correct? Richard MacGillivray 26:33.842
Through the Chair, yes, through any application process, there is the ability for an applicant to lodge representations in relation to conditions, so that it's for access. Is available in the system. Thank you. Frank Wilkie 26:48.020
Councillor Wilson. Nicola Wilson 26:49.480
Sorry, another question. Would part of that management plan include reporting to Unitywater as well? Given that is the source? Richard MacGillivray 27:01.252
One, no. two, three, let's roll Through the Chair, the condition doesn't strictly specify that. It does give council officers the ability to require access to all of that data. So, noting the relationship between Council and water is it's a little provided. That we've we potentially may be able to share those results if required and where there's concerns about that data. Brian Stockwell 27:32.690
This is the so, is it like noise monitoring, water quality monitoring, that concentration of gases such as hydrogen sulphide are reliable indicator of nuisance. I know in previous my experiences that either was actually measured by people rather than by a scientific method. So was our consultant happy that this was a reliable indicator? Revival, if you can. Richard MacGillivray 28:00.164
The Chair, yes, you're right. Yes you are correct. There's a range of different measures. Hydrogen sulphide is just one of the potential metrics. It's probably the most common one which triggers response in terms of the smell that people will detect. There are a range of other elements that can be detected. Our own odour expert was comfortable with this technology has been used in other situations and other matters which has been used around odours in other parts of Australia, and has proven to be successful in being able to help the system detect when there's a potential nuisance arising from odour. Tom Wegener 28:42.070
If there's a smell detected and somebody says oh you know something smells, this would kind of verify that whether it's coming from the treatment platform or the trash bin down the road. That seems like a really important thing to do. Richard MacGillivray 28:55.710
Think we did Chair you're correct. The need for a conclusion of the weather station is involved in the system in terms of the direction of any smells or odours. So all of that data combined will assist in terms of identifying what the source is. The main focus of this is to again as Councillor Jess mentioned is proactive measures to ensure that the resort takes reasonable steps to mitigate and takes actions before potential complaints arise, whether it be from a wastebasket treatment plant or rubbish bins or other sources. Of attendance. Frank Wilkie 29:35.839
Councillor Finzel, question. Karen Finzel 29:38.683
Question to the planning staff. Given this matter before us is being assessed against the planning scheme under a regulatory statutory legislation can you tell me if this amendment addresses that framework or is it outside of that system? Richard MacGillivray 30:00.817
Thank to conditions to any development decision. So this suggested inclusion of a condition, in my view, is a reasonable and relevant condition. It relates to the nature of the submissions raised. Regarding concerns about reverse amenity issues. It provides a solution, a proactive means to potentially address those. And does fit within the statutory planning framework to include it as a condition. Thank you. Frank Wilkie 30:33.787
Our Councillors wish to speak before the motion or against, Councillor, would you like to ask a question? I'll speak to the motion, yes. Tom Wegener 30:41.211
Gee, Councillor Phillips, that is clever. And the more I think about it, you're the youngest person on the team here. What's the rest of us doing? That was really great. Think it really adds a lot of clarity and makes it a lot easier to vote for this, knowing that when there's a smell detected, there's a lot more science going on, there's a lot more rigour around it, and it just gives a lot more surety for the future with this of this issue. Thank you. Councillor Wegener. Councillor Lorentson. Frank Wilkie 31:14.466
Councillor, Amelia Lorentson 31:15.039
Councillor-- I'm happy to support this, and I will quote section 45 of the Planning Act. It actually requires Council to consider relevant matters, including the amenity of future occupants. And I, when there's a risk, a reasonable risk of environmental nuisance or adverse amenity effects, such conditions are warranted and necessary, so I'm happy to support the amendment. And thank you, Councillor, for bringing this to us. Frank Wilkie 31:45.566
Any other people who wish to speak before Councillor Phillips plays? Do you wish to play, Councillor Phillips? Karen Finzel 31:50.829
Yes, I would just like to take the opportunity to thank Councillor Phillips for exploring this option, which I think is a great balance between meeting our statutory requirements and listening to our community. I think this provides a surety to our community that we are listening. This has been a very difficult and long, drawn-out process, so thank you for bringing this amendment before us tonight, which I will support. Frank Wilkie 32:15.340
Thank you. Councillor Finzel. Councillor Phillips. Councillor Phillips, do you wish to close? Jessica Phillips 32:20.536
Very quickly, thank you everyone. If you were to look at my algorithm now, my search engine reflects a lot of data searching last night to find some case for what I put to planning to work with. So, I I'm really happy to be able to achieve something that gives some clarity. Yeah, thank you very much. Thank you, Councillor Phillips. I'll put the amendment in those in favour. Frank Wilkie 32:46.760
That's carried unanimously. The amendment becomes part of the motion. Do we have any further amendments? Councillor Lorentson? Amelia Lorentson 32:56.339
Morrison. I have a question to start and I'm going to reference again section 45 of the Planning Act 2016 (Queensland) where Council is required to consider relevant matters including the amenity of future occupants, potential impacts on existing local uses and proximity to essential infrastructure. In light of this and given the acknowledged uncertainty regarding potential motor impacts from sewage treatment plant, how has Council. Applied the precautionary principle in its assessment? Richard MacGillivray 33:33.155
Through the Chair, so Council has undertaken a very thorough and rigorous process to assist these particular issues regarding as a whole range of other technical matters. As part of our obligation under the Planning Act we were required to thoroughly investigate all of those issues and potential impacts. In this particular case in terms of odour, the applicant undertook a robust modelling of odour report that was undertaken in terms of best practice. We engaged an independent expert to review that material. That was rigorously assessed and determined to the number of conditions will conditions were also applied in response to particular concerns raised, which would go above and beyond to try and mitigate the purpose of the Council fees. So the Council has discharged its obligation and taken the reasonable. Steps to ensure that mitigation risk is being appropriately managed. Frank Wilkie 34:36.119
Does anybody wish to speak to the motion itself? That's Councillor Finzel and Councillor Stockwell. Does anyone wish to speak to are there any further questions? The motion before Councillor Stockwell closes? No, there are any further amendments? Councillor Stockwell? Councillor Finzel? Karen Finzel 34:55.702
I'd like to speak to the motion. Thank you Mr Chair. This has been a very challenging and long protracted abstracted application before. Anyone that's followed that would understand that. Together we stand at a crossroads, not just in planning terms, but in how we define leadership, community. Trust, collaboration, responsible development and the legacy we wish to leave behind. This is not just about a hotel application. NUSA Noosa has always been more than a destination. It's about what we value most. It's a way of life in balance. Between people and nature. Growth and protection. Opportunity and responsibility. The balance is fragile and it is precious. As we consider the proposed application before us at the Noosa Springs, I ask that while we bound by statutory regulations, we look deeper. This is our opportunity to lead with values, to ensure that every decision we make reflects not just economic gain, but environmental stewardship, community wellbeing, and respect for our shared future. Some see potential for economic uplift, increased tourism, and renewed energy for our local economy. Others feel fear. For our green spaces, our wildlife, our peace. Both sides are valid. Both are expressions of our love for this place. But real leadership doesn't choose sides. It listens. It finds the higher ground. It leads for the greater good. So tonight, together, let us raise the bar. Let's show what it means to be a values-driven community. Let's demand a development that meets the highest standards of environmental care, transparency and community benefit. That's reflected tonight in the work that all Councillors have done and also in Councillor Phillips' amendment tonight. Right to the last minute, people have worked hard to deliver the decision that's before us. Let's insist on a future that reflects who we are, not just what we can build. Because I believe because I believe noosa's real strength lies in not what we develop, but how we come together. Let us be remembered for what we've approved or rejected, not for what we have approved or rejected, but how we have acted. With unity, courage, and heart. Thank you. Frank Wilkie 38:19.047
Thank you, Councillor Finzel. Councillor Stockwell, do you wish to close? Brian Stockwell 38:22.884
My gentlemen, but it's a bit unusual that I'll be responding to arguments we made a few days ago. This episode. Is an unusual application in that we a site that is split-zoned, so most of the time on the planning scheme, it might only be 1% of properties in the Shire split-zone, and it'll be really easy to identify why the split. It may be an environmental protection zone, and you can see it following the tree line. It may be part of the residential, the other isn't because there's flat ground. In this case, there was a strategic need to identify additional high-level hotel development sites in Noosa. It was a need that was identified over a decade ago that we hadn't had investment in five-star hotels or similar. And that was reflected. In the strategic framework of the 2020 scheme. It says Noosa continues to be a highly regarded destination for visitors around Australia and overseas, varying types of accommodation and services catered for business needs. We know we've got an oversupply of home hosted, AirBnB type of homes. We have heard that this may, if approved, actually take some of the pressure off putting more homes or actually retaining homes that should be otherwise for people. But in this case, the designation of the Tourism Accommodation Zone on this site was a best bet of where would be the most suitable site for a hotel. And it is identified specifically in the scheme. Tourism Accommodation Zone, it talks about this site specifically, and it says that it should be protected for resort complex or short-term accommodation. It and so then we look at this conflict that partly goes into an open space zone, and it's study it's part of it isn't it in a prior diversity so first when we look at the Tourism Accommodation Zone, one of the overall outcomes it says is the development sensitively responds to land constraints, including topography, bushfire, flooding, storm surges, wherever. In this case, the constraint is largely around the owner nuisance and where it comes to on the site from the wastewater treatment plant. And that was the heart of the debate on Monday. And what we've been reminded by independent advice is, since that time is, when we make these decisions, we make them with the assessment manager. We're the planning authority bound by the decision rules and that just like the court only considers expert evidence, we should be basing our decision on expert evidence, not necessarily on more emotive representation. Made to us that we have been informed over and again that both the applicants and our expert in odour has suggested that the development complies with the standards of the court will be closed. So then we look at the small area that has gone into the biodiversity overlay. Now previously there was a whole wing there and that's been removed and that's at about 38 trees come back and some of those are significant. 14 are brush box and blood hoods with 30 to 40 centimetre girths so quite sizeable trees. Others there's 17 of similar size, of cypress which I mentioned on Monday were acknowledged by the Kabi Kabi as Guardian trees where the old folks used to sit under the shade of the tree and it used to be where they camped and actually the word Cooloola means the sound of the wind going through the cypress tree so they have cultural significance but the part that we're where the development is going to biodiversity is guided by acceptable outcome of that of planning team which is building structures and associated works are like that with the existing cleared areas or of lowest ecological value and in my opinion the area that is being in the biodiversity is of lowest ecological value it's an area that between the that's old courts and old car parking and driveways it's a small little triangle whereas the area returned as a result of the amendments is an area that increases connectivity through to the high value koala conservation area. So when we look at this site we can say that it's the overall outcome of the biodiversity overlay that the development design and layout provides for ecological connectivity across the landscape and through the protection of rehabilitation and enhanced sort of nanofabrication and ecological linkages. Now rehabilitation early offset is in the conditions. So Councillors, we are not are ex-vaccinated, but we've been told that Frank Wilkie 42:48.463
It could last about five minutes. Brian Stockwell 42:52.493
I don't need any more, I'm glad to be here. We are here to make decisions as a planning authority and the reasonable thing to do for any Councillor is to support this development. Thank you. Frank Wilkie 43:02.486
I'll put the motion to the both of those in favour. Councillor Wegener, Wilkie, Finzel and Stockwell. Those against? Councillor Phillips, Lorentson and Wilson. The motion is carried. Next item is 7.2 integrated. Compliance and Enforcement Policy. This was referred from the Services & Organisation Committee dated the 6th of May. And the recommendation from the committee was to refer this to next month. But I believe, Councillor Phillips, did you want make on to move an amendment of it? Not- I'll take it. Yet. Okay. So. Do we have the item? Screen, please. So, care to move the motion including the amendment? Thank you. Is that is it possible to move thank you very much. The motion including the amendment? No, we're already at the point where she just hasn't made this amendment's just been moved. That's right. So that move is done. So that amendment's been moved and carried. Okay, so Councillor Phillips. So, so what happened with this at the meeting last week? It was moved by myself and Councillor Finzel. Councillor Phillips moved an amendment which was supported. Councillor Stockwell moved a more complicated amendment which was not and it fell. Then we had a deferral motion Wegener. So now we're back to the original motion with your amendment included from last month. You'd like to move a new amendment now? Yes. Jessica Phillips 44:53.798
Okay, let's hear it. Councillors Councillors may actively support and promote voluntary compliance through education and community engagement by encouraging. Brian Stockwell 45:05.830
Point of order. I think what you're trying to do is change words that are in the motion and amendment as passed, so we actually need to know where you're putting Frank Wilkie 45:18.340
Like the biggest I can read yes, please read it. Unidentified Speaker 45:23.240
Okay. Jessica Phillips 45:26.123
Yes. That the wording in B1 be amended to read 1. That the wording in the draft policy provided at attachment 1 under roles and responsibilities Councillors be amended to read roles and responsibilities Councillors. Of review and adopt Councillors Integrated Compliance & Enforcement Policy, Councillors may actively support and promote voluntary compliance through education and community engagement by encouraging an understanding of relevant laws and regulations. Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area, Councillors must not be involved in operational compliance or enforcement actions as outlined in the council's adopted guidance. Government governance guidelines. Framework. This includes but is not limited to participation in investigations and/or advocating or taking over the matter on behalf of the applicant relating. To the issuance of PIP. Penalty infringement notices, enforcement orders, remedial actions. Or prosecution decisions. These matters are not to be managed independently. Sorry, these to oh, matters are be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, Councillors can consider formal legal prosecution and matters as reported. By staff through the established Council meeting processes. Frank Wilkie 47:07.026
We have a seconder for that, a seconder, Councillor Lorentson. Councillor Phillips, you have the floor. Thank you. Jessica Phillips 47:15.307
As we saw on Monday, there was some uncertainty around our roles. Our and I'm merely looking to make sure that there's absolute clarity. My background in policing has given me first-hand experience in how a policy like this needs to be very well considered and defined. So I believe in clarity and transparency for the decision-making aren't just nice to have, but they create and diminish public trust. This amendment is about drawing a firm, fair line so everyone from Councillors to residents and staff understand where the role begins and the role ends. As we absolutely need to have a path part to play in compliance, but it's the right part. We can actively support and promote voluntary compliance by just being in our community and leading by example, engaging in education and encouraging a culture of doing the right thing. We can also help residents raise. Concerns and direct them to the proper Council department. That's our job. But I do believe we need to be clear what is not our role and we are not get involved in operational compliance or enforcement actions. That means we can't get involved in investigations, or stepping in on infringement notices, or being involved in any enforcement decision, because responsibilities like this actually belongs to our authorised Council of officers, who are given the framework to carry them out, in line with legislation and procedures. This does not shut Councillors out, it actually protects the integrity of the process, we do have a role in reviewing formal legal and prosecution matters when they come through proper reporting channels in Council meetings, so this amendment is not about restricting us. It is about respecting the boundaries that make the system work. It ensures we stay focused on policy and governance, while enforcement stays impartial and professional. And most importantly, it gives our community confidence that the decisions are being made in the right way. Frank Wilkie 49:22.867
Thank you Councillor Phillips. Else wish to speak to the amendment? Councillor Wilson. I wish to move another amendment to the amendment. Councillor Wilson, you need to deal with this one first, vote on this one, then it becomes part of the motion, and then you can move an amendment. One amendment at a time is was they had all we're able to do. So, how's that for yourself? Karen Finzel 49:44.324
Yeah, I suppose. I support this amendment, I think this is really clear. Sending the message to our community in easy to understand language, and giving clear definition to our roles. We wear different hats when we're a Councillor, and this clearly shows where our role stops. And where it starts towards other processes that are not our responsibility. We are here to advocate, and we can certainly do that. But there is a point where Councillors refer on. There is a point where those matters are not managed by us, and I think this provides a really clear opportunity to hopefully make it clearer for our community to understand what those roles are. Frank Wilkie 50:32.739
Cancel flow switch wants to close. I don't think there's anything else. Okay, but the amendment goes in favour. That is unanimous. The amendment is carried. Councillor Wilson, would you like to move an amendment? Nicola Wilson 50:44.087
Yes please. I would just like to add to the end of that previous motion raised by Councillor Phillips. So that would go at the end. Of that previous motion it's and just a simple addition. Councillor's roles were defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are consistent with the act. Frank Wilkie 51:13.420
Thank please. You. We have a seconder for that plea. Councillor Finzel. Councillor Wilson. Nicola Wilson 51:18.358
Thank you. I thank Councillor Phillips for bringing her expertise to this previous amendment. I just want to be clear that while this is a Noosa Council policy does not aim to increase or decrease the powers of Councillors that are provided in the principles of the Local Government Act 2009 which are fundamental to the roles of Councillors and staff. They apply to all Councillors in Queensland. Wording provided by Councillor Phillips is to ensure clarity in layman's terms and practical application of the policy and is consistent with the roles outlined in the act regarding strategic versus operational issues. Frank Wilkie 51:56.200
Thank you, Councillor Wilson. Questions or comments from Councillors? Do you wish Wilson? You wish to close, Councillor Wilson? Put road. It to the vote if that is in favour. That is Councillor Phillips, Councillor Lorentson, Councillor Wilson. That is unanimous, it's carried and both those amendments now become part of the original motion to which no one has spoken. Does anyone wish to speak to the motion further amendment. I'm going to move a further amendment. From Councillor Phillips. Jessica Phillips 52:33.925
It is just to remove the definition of unlawful activity from the draft policy provided at attachment one and replace the definition of breach which is defined as, do I need to read the definition? Yes? I'm going to read it to you. Oh, I feel like all you've done is listen to my voice. Let's go back to where we did the breaking again. Activity or work has been or is being carried out contrary to the terms and conditions of a licensed COVID registration. For the license, permit, registration, approval, permission or other written authorisation from Council. Contrary to any act, regulation, local law and planning scheme that regulates the activities or work that can be carried out. Particular land, contrary to a legislative provision regulating a particular land. Or without a license, permit, registration, approvals, permission, or the like. Frank Wilkie 53:37.877
Thank you, we have a seconder for that. Second. Councillor Lorentson, and thank you, Councillor Phillips. Thank you. Originally, the Jessica Phillips 53:45.298
Thank draft policy included unlawful activity, however, there was no reference to unlawful activity in the policy, and I want to remove any confusion for any staff, Councillors, community reading the document. We need to be really clear on the definitions, and breach is included in the policy, not unlawful activity, so I'm just clarifying that. Thank you. Questions for staff? Frank Wilkie 54:20.106
Staff. Does this change in any way weaken the policy or its effectiveness? Richard MacGillivray 54:26.326
Through the Chair, no it doesn't, in fact I'm correct to Councillor Phillips' comments. The term breach is referred to in several places within the policy. The lawful activity is not specified in the policy so it's appropriate that the term breach is defined as opposed to a lawful activity within the policy. Thank you. Frank Wilkie 54:49.939
Do Councillors wish to speak to the amendment? Councillor Phillips, do you wish to close? I'll put it to the vote. Those in favour? That is unanimous. That's carried. Are there any further amendments? Okay. Does anyone wish to speak to the original motion which now includes all of those amendments? Councillor Lorentson? Amelia Lorentson 55:14.286
I'll just speak briefly. We've spoken quite a bit about this at the General Committee. So we're here to represent our communities and I think we need some sort of clarity. To let the community as well as us Councillors understand that we can't actually step into enforcement decisions. The report's recommendations keep things pretty fair and they make sure that Councillors refer concerns to the right departments instead of pushing for outcomes. This protects us referred to the integrity of the process, prevents conflicts of interest, and keeps Council processes transparent. Sticking to the guidelines ensures that we make decisions correctly and without political pressure. Um again helping us serve our communities responsibly we're also want to note that there are ethical risks when councils become directly involved in negotiating enforcement outcomes. There are potential legal or reputational consequences of exceeding our prescribed roles in compliance matters, breaches of conducts and breaches also under code corruption. So again, important for both the community and the councils to understand the scope of our roles and responsibilities. Operational matters are dealt with staff and us as Councillors. Our space is in facilitating having connections with the correct people. And also advocacy in voluntary compliance. We appear to represent our community and I think that, you know, I don't think there's anyone around this table that will ever say we can't help you, this is an operational matter. We'll say we can direct you to the correct people and we to will be request. Copied into competent. A response to ensure that you are actually responding. The correct staff. So, this is an important piece and it actually entertained a lot of debate around at the Council table and I think important to note that under statutory law also that we are governed under the Local Government Act. Our code and our duties are actually detailed under legislation and that and does over. Any policy. But great to have this report out in community and the additions of layman's simple terms again provides not only clarity. It's not an impact clarity, but the it's. Purpose of the document is to make sure that the guidelines are clear and simple and I think we've achieved that with the addition of those extra amendments. Frank Wilkie 58:20.555
Council's wish to speak. Council, do you say? Karen Finzel 58:22.715
Yes, I do. Just to reiterate, I think this has been a timely review of the policy. I think it's bringing up to contemporary what we have before us here and now. I think it's been well written by the staff and Councillor Phillips' amendments for clarification and also including Councillor Wilson's addition. Really really gave us that full picture. Formal framework in which to place it. So I think it's really timely and it's a benefit both to the community and to Councillors with really clear definitions of our roles and where we can fall into trouble if we go by the side of what our boundaries are. As our staff it's like saying always say, swim in your own lane. Frank Wilkie 59:09.177
The Councillors wish to speak to the motion? Or would they like to speak to the vote? Those in favour? That is unanimous. That's carried. Next item is the Noosa River Recreational Boating Facilities - Update referred to the services organisation committee. Financial Performance Report. Noosa Environment Strategy implementation plan 5 year monitoring report, then I'm going to. The 991 is a confidential, not a public release. We have a contract, number CN25031, which is provision of cleaning services for administrative buildings, libraries and other Council facilities. Can I have a mover and a seconder for the general committee's recommendation to move Councillor Finzel seconding Councillor Lorentson. Any discussion? All in favour? That's carried unanimously. We have no reports direct to the Ordinary Meeting. There are no confidential items for this meeting. The next Ordinary Meeting will be at Tewantin Council chambers 10:00am. On Thursday June 19. Thank you everybody for turning out tonight. I declare the meeting closed at 6:01pm. Thank you everybody. Related Noosa Council Meetings
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