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00:00:00 Councillor Jurisevic: We're trying to call you because you weren't there. Thank you. Mayor Wellington: Okay, welcome everyone to the final ordinary meeting of the 2016-20 Nursing Council. We have no apologies, but we do begin as always by acknowledging the traditional owners of the land that we're gathered on. The Kabi Kabi or Kabi Kabi people and paying our respects to their elders past, present and emerging. Now, two of our councillors are phoning into the meeting this evening, so we do need to move a couple of resolutions in order to allow that to happen. Councillor Stockwell. Deputy Mayor Stockwell: I'll move the first one there, that we allow Councillor Jackman to attend the council's ordinary meeting tonight by teleconference. Thank you. Mayor Wellington: Seconded Councillor Jurisevic. All those in favour? Wait. Wait? You have to wait, mate. So that was unanimous, without Councillor Glasgow, of course. Speaker 1: Oh, without the councillor. Mayor Wellington: Councillor Glasgow can't vote yet because he hasn't been allowed to participate.
00:01:00 Okay, now we have a motion before us to allow Councillor Glasgow to participate by teleconference. Moved by Councillor Jurisevic. Seconded by Councillor... Oh, sorry, I didn't see you get to your feet there, Ingrid. Speaker 3: Oh, I thought it was finished, my bit. Mayor Wellington: Yeah, it is, it is. Councillor Wilkie was already on his feet. Speaker 3: Sorry, Ingrid. Oh, well, I can stand up. I realise that. Mayor Wellington: Okay, I'll put the motion. All those in favour? Aye. Speaker 3: Thank you. Mayor Wellington: That's carried unanimously. Welcome, Jess. Deputy Mayor Stockwell: Hello. Good evening, everyone. Mayor Wellington: Okay, we now move on to the confirmation of minutes from the last ordinary meeting held on the 20th of February. Can I have a mover and seconder? Yes, I move. Moved by Councillor Jurisevic. Seconded. Seconded by Councillor Wilkie. All those in favour? Aye. Thank you. That's carried unanimously. We go on to consideration of committee recommendations, beginning with the Audit and Risk Committee. No. No, Merrill Minutes. Oh, no, I beg your pardon.
00:02:00 We do have a Merrill Minute. I beg your pardon. Yes. I should know that, shouldn't I? We do have a Merrill Minute. It's there on the screen. I suppose I should read it out for those who won't have received it. So, the Merrill Minute is titled Response to Coronavirus, COVID-19 Delegation to the Chief Executive Officer and Request from Tourism Noosa Regarding Access to Marketing Contingency Reserve. The motion reads as follows, that in relation to the coronavirus pandemic, Council A, delegate to the Chief Executive Officer the power to make decisions. On behalf of Council A, delegate to the Chief Executive Officer the power to make decisions. In relation to any matters arising from the coronavirus pandemic from 19th of March, 2020 until the first Councillor Meeting, following the March 2020 local government election and further that the CEO be requested to provide a report to that first Councillor Meeting outlining all such decisions made by the CEO over the Coronavirus pandemic that would otherwise
00:03:00 have been made by Council in that period and B approved the request by Tourism Noosa for it to access the marketing contingency reserve. Speaker 3: I just had a question, it's a minor matter relating to the wording in A, it's not a major thing, and that is that, you know, there's no need for a seconder. In the first part of it, we're talking about matters arising from coronavirus pandemic, which, of course, can be also to knock on effects, which are not directly the pandemic. And then in the second half of that same sentence, we refer to decisions made by the CEO about the coronavirus pandemic.
00:04:00 And I would suggest, instead of about the coronavirus pandemic, we should really be saying, again, in relation to any matter. Matters arising from, and the reason I suggest that is because I do think that there could be broader things, it's not just about the pandemic. Mayor Wellington: Yep, yep. So after the word CEO in relation to any matters arising from. Speaker 3: Instead of about the, put in in relation to any matters arising from. Mayor Wellington: Yep, I'm happy with that. Thank you, Councillor. Speaker 2: That's consistent through the. So under, just under the Standing Orders, it's a bit unusual, and normally the mover and the seconder in all Council has to be happy with the suggestion. There's only a mover. There's only a mover, so it's much easier. So I understand the mover's happy with that, and if all the Councillors are, that wording makes sense to me, too. Mayor Wellington: Absolutely. Okay. Are there any questions in relation to this, Mayor O'Neill? No, no. I've no need to talk to it. It's quite self-evident, and the report's self-evident, so I'll put the motion. All those in favour?
00:05:00 Speaker 3: Don't we get a chance to talk to it? Mayor Wellington: We, oh, we can if you like. Yeah, I beg your pardon. If you wish to talk to it, Councillor Jackson, please go ahead. Speaker 3: Actually, I, I do. I think this is a very important motion because our Council, as we are, our Councillors in this Council are facing an election, and we have this very important matter before us, and it's extremely important that there be a continuity in the decision-making process while this takes place. So to me, this is a particularly important motion. It reflects our intention to keep the Council on the ground for the rest of the year. To ensure that the CEO has the empowerment to carry out the work that's required and the decisions that are required in the potential absence of having council meetings while the election is completed and new councillors are declared, I do think that a situation like we are facing as a council and as a community,
00:06:00 requires executive decision making. And at times that decision making has to be very fast. There may not be time for a lot of consultation. It's important that the CEO has full authority to progress in all urgent matters. This is a type of military operation. It's a bit like we're not facing a war, but it's something that we've never faced before, which really requires this precision. Also, I think that with the, in a sense, we've reverted to Maslow's hierarchy of needs to the survival, which is the base level of Maslow's needs. And we have to focus on that as a high priority and make that the priority over a whole lot of other things, including politics. So it's really all about making sure the job gets done.
00:07:00 Thank you. Councillor Jurisevic: Councillor Jurisman. I'll just add to that. I agree with the comments there by Councillor Jackson. The one thing that this also does is ensures that any decisions the CEO makes in that time, when the council isn't the authority making those decisions, are open to scrutiny at the end of the period, and that the new council will have an opportunity to assess and scrutinise all of the decisions made by a CEO in that time. Mayor Wellington: Anyone else still that need to speak? Councillor Stafford. Deputy Mayor Stockwell: I will. I know the CEO actually is taking on a level of responsibility that not a lot of people would like to have. However, I think, as I believe Councillor Jackson alluded to, in times of crisis, you do need to make quick, effective decisions. And it probably is beneficial not to have to go through a committee meeting process and a council meeting process to get some of those decisions made.
00:08:00 So I hope that, A, will result in the ability to respond quickly. As each issue emerges over the coming weeks, I also think that it is also a good foresight on behalf of the CEO to raise that issue of marketing contingency. So whereas Tourism Noosa will be equipped to have a response when marketing may make a difference, it doesn't necessarily mean it will be over the next period. I also think that there is probably a C to add when the next council is sworn in. And that is that, just like Tourism Noosa will need to access its contingency reserve, I think the next council will probably need to consider accessing its own cash reserves to try and help and stimulate the economy locally. Anyone else wish to speak? Speaker 3: Could I ask a question? Of course.
00:09:00 It kind of relates to this. And that is that the community, I have found, is not really sure at what point those of us who are currently councillors are going to be able to do that. At what point do we continue to be councillors and when do we stop being councillors and then you councillors become councillors? Speaker 2: I can answer that. There is probably a theoretical answer to that, then there is a practical answer to that. The theoretical answer is that the term of an existing councillor concludes upon what is called the declaration of the poll. So normally that is 10 days after, or it has to be before 10 days after the election. With a high number of postal votes, I expect that will be 10 days after the election. So that is where it goes through to. And then the new council commences on the day that councillors are sworn in by myself. So you have a swearing in ceremony. You normally have your first council meeting on that day as well. And that must be after, some time after that declaration of the poll. So there is always a gap in between.
00:10:00 That is the theoretical answer. In practice, of course, there is not a council meeting after the election. So there is a period in that where we, again, theoretically could have a council meeting next week if we needed to. But in practice, we don't have anything scheduled. But certainly after the election, which is on the 28th, and for that 10 days, there wouldn't be a council meeting. So there is no real effective decision making in place, even though the councils are theoretically still held office. Speaker 3: Thanks. I just thought that would be helpful to fully understand. Thank you. Yeah. Mayor Wellington: I will just conclude by saying that, of course, there are already a great deal of activities occurring within council. In order to deal with the pandemic. And they are occurring most particularly through community services and health. But also through our planning departments, economic development. And all departments really are on top of this. As well as considering continuity of essential services and council operations.
00:11:00 There are business continuity plans in place. Our economic development department are extremely active at the moment. Having said that, I would just like to say thank you. Thank you for helping work with the business community as well as the business representatives in terms of the business community organisations. There are all sorts of considerations being undertaken at the moment with regard to fees and charges for local businesses with regard to some relaxations in terms of the ability for businesses to be more flexible in the current environment, etc. So there's quite a bit happening. This motion fundamentally, though, deals with matters that would normally come back to council. And one example that comes to mind would be we have already approved by resolution or will do tonight the use of the loop bus service again for Easter. But it may turn out that we don't need that service, in which case the CEO would be delegated
00:12:00 therefore to make a decision without having to come back to council for a decision that we are to change the policy. So this is very practical, as Councillor Jackson says. But the important, the real take home message here is that council is meeting on a daily basis, talking to Queensland Health on a daily basis, and things are moving quite fluidly as the pandemic unfolds. Okay, anyone else need to speak before I put the motion? Okay, I shall put the motion. All those in favour? All those against? Aye. Aye. Thank you. The motion is carried unanimously. And I believe there are no petitions. So we will move on now to the consideration of committee recommendations. And the first one is the Audit and Risk Committee. The recommendation is that all those items there, one to five, be adopted. Councillor Jurisevic: So moved, Mr Chair.
00:13:00 Mayor Wellington: Thank you, Councillor Jurisdict. Seconded, Councillor Wilkie. Anyone need to speak to this? I'll put the motion. Councillor Jurisevic: All those in favour? Can I? Oh, yes, sure. Can I please make one comment there? Yes, of course. Which brings me now to the Chair of the Audit and Risk Committee. He's coming to the end of his term. And I'd just like to congratulate him for his efforts. And thank you. Thank you. You can name him. Scott Williams. Scott Williams. Speaker 2: Thank you. Not until August he's going through. Councillor Jurisevic: Yeah, but that's it. I mean, it's coming to, I said, I might not be here for the opportunity to say it again after the 28th of March. I'm going to take the opportunity here and now. He's been a fabulous Chair of that Audit and Risk Committee. I'd like to congratulate him and thank him for his time and effort and the other members that have come and gone through the time of the Audit and Risk Committee over the last four years. Thank you. Mayor Wellington: Anyone else need to speak to it? I'll put the motion. All those in favour? Aye. Thank you. That's carried unanimously. We now move on to Planning and Environment Committee recommendations. Item number one was referred to the General Committee. Item number two was referred to the General Committee.
00:14:00 So we'll deal with both of those later. Item number three is a Planning and Environment Court Appeal for a Mixed-Use Commercial Development at 218 and 20 Hofmann Drive, Noosaville. Item number four is a Planning and Environment Court Appeal, Refusal of Application to Subdivide at Happy Jack Creek Road, Ridgewood. The recommendation is that all those matters that aren't dealt with elsewhere be adopted. Deputy Mayor Stockwell: I shall move that. Moved. Councillor Stockwell. Mayor Wellington: Seconded. Seconded. Councillor Jackson. All those. You don't feel the need to speak to it anymore? I do not feel the need. All those in favour? Speaker 3: Aye. Aye. Thank you. Mayor Wellington: That's carried unanimously. We go on to the Services and Organisation Committee recommendations. Item number one is the Go Noosa Easter Loop Bus Service and Paid Parking. Item number two is the New Flag Protocol. Can we wait a bit longer? Item number three is the January... You've been waiting for days for that. Deputy Mayor Stockwell: I'd like to move, but that's the worst joke I've ever heard.
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00:15:00 Mayor Wellington: The whole time. Item number three is the January 2020 Rate Levy Overview. And item number four is the Community Facilities Half Yearly Performance Overview. Councillor Silver. Councillor Wilkie. I believe that's how you can say it. Councillor Wilkie: Yes. I need to declare a real conflict of interest in this matter because I am the Secretary of the Noosa Gymnastics Club and the Noosa Gymnastics Club has a lease in the part of the Bicentennial Centre and the Bicentennial Centre is subject, is one of the facilities mentioned in this report. So I will choose to leave the room while this matter is decided. Mayor Wellington: Thank you. Thank you. Thank you.
00:16:00 Mayor Wellington: We have time now for a free of charge motion. Anyuno the need to speak to this? Put the motion. All those in favour. Councillor Wilkie: Aye. Mayor Wellington: Thank you. It's carried unanimously. Please invite Councillor Wilkie back here. Deputy Mayor Stockwell: He'll have to do a double twist... Councillor Jurisevic: They're getting worse. Downward trajectory. Trampling him back in the room. Mayor Wellington: Okay. So we are now dealing with items one to three from the سême in me, now what would be So moved Mr Chair. Moved Councillor Jurisdict. Seconded Councillor Stockwell. Anyone feel the need to speak to it? I'll put the motion all those in favour. Aye. Thank you, that's carried unanimously. We go on to the general committee meeting recommendations. Item number one is a development application for an MCU for entertainment and dining business type 3 bar at 5 Taylor Court, Cooroy. Now councillors, there has been some changes suggested by Wakefield Sykes to the staff recommendation. So I'll give you a chance to look at those and I'll read them out.
00:17:00 Councillors Glasgow and Jackson, did you receive the email with those changes? Yes, thank you. Yes, I've read it out. Beautiful. Thank you. Happy with it. So the change to item four now reads the proposal is contrary to overall outcomes 14.110.2C and D and specific outcome 07 of the Driveways and Parking Code as the applicant has not satisfactorily demonstrated that there is sufficient car parking on site for the proposed use with limited opportunities for street car parking. There's a new item six which reads there are no discretionary matters which would warrant approval of the development proposal. And then there's a new item six which reads there are no discretionary matters which would warrant approval of the development proposal.
00:18:00 Speaker 3: The numbering that you just read out doesn't match the numbering that's on the page that I received. Mayor Wellington: I'll just get Kim to explain. Okay, I didn't realise that, sorry. Speaker 1: Yeah, through the Chair. Yeah, that's correct, Ingrid. The version you were sent this afternoon had a duplication in reason for refusal 1 and 4. Which essentially said that the proposed bar is identified as inconsistent in the industrial zone. So it's the same thing in 1, we've just removed that duplication. Okay, thank you, that explains. Thank you. Mayor Wellington: Okay, any questions? If not, I'm looking for a mover and a seconder. Moved, Councillor Stockwell. I'll second it. Seconded, Councillor Wilkie. I do have a question, if I may. Deputy Mayor Stockwell: Yes, sure. I don't wish to speak. Councillor Wilkie: In essence, what do these refinements do?
00:19:00 How is this motion substantially different, or different in any way, to the motion passed at the General Committee meeting, please? Speaker 1: Through the Chair, Councillor Wilkie, it is normal practice for us to get our reasons for refusal reviewed by us, Council solicitor. And on occasion, we do. And he does suggest just some refinements to the wording, because there is, you know, after the decision, very limited opportunity to add to those reasons. So there is no substantial difference other than refinements to the original intent, based on a legal review. Councillor Wilkie: Thank you, I couldn't detect on my own. Councillor Jurisevic: There is, there is one condition in there, or reason for refusal in there, item 6, there are no discretionary matters which would warrant approval of the division. I haven't seen that before. Can you explain why the need for that condition in there?
00:20:00 Speaker 1: Yeah, sure. There is, on occasion, we do include that reason for refusal. The application is impact assessable, and under the Planning Act, there are criteria about what impact assessable development can be assessed against. And if it is refused, the things that should be considered. One of the things that the. Planning Act says is, assess, impact assessable against all the relevant provisions of the Planning Scheme, and any other matters, or any other relevant matter. So that condition refers to that there isn't any other relevant or discretionary matter, or reason, in accordance with the Planning Act as to why it should be approved. Speaker 3: Okay, thank you. Mayor Wellington: Councillor Stockwell, you wish to speak to it? Anyone wish to speak to this? Okay, then I'll put the motion. All those in favour? Aye.
00:21:00 Thank you. That's carried unanimously. We carry on with the General Committee recommendations. Item number 2 becomes item 3 as a result of a further report. And that is a development permit for an MCU for multiple dwelling 10 units of 142 Noosa Drive, Noosa Heads. Item number 4 is again a further report for a development application for an MCU, 2 detached houses, and 12 multiple housing type 4 conventions. Item number 5 is category D Bushfire Recovery Exceptional Assistance Immediate Support Package. Item number 6 is the Financial Performance Report for February. The recommendation is that those be adopted, except we're dealt with otherwise. So moved, Mr Chair. I'll move back. Councillor Jurisevic moved. I'll allow you to second it, though, if you're happy. Councillor Jackson? Thank you. Thank you. Anyone wish to speak? I'll put the motion. All those in favour? Speaker 3: Aye. Mayor Wellington: Thank you. That's carried unanimously.
00:22:00 That concludes our Committee recommendations. There are no further reports. No confidential session. There are no public questions this time. The next meeting will be determined after the election. And I thank you all for your attendance. Meeting closed for the last few minutes.