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Noosa Council meetings since 2014: papers, decisions and recordings, and from April 2023 the video cued to each item.

Ordinary Meeting - 17 November 2022 Transcript

Thursday 17 November 2022 · 39 minutes of recording · 685 lines · 10 voices, 6 named

This is a machine transcript of council's recording, produced by automatic speech recognition and not checked line by line against the video. Councillor and place names are corrected where a human has approved the correction; everything else is what the model heard. Quote the recording, not this page — every timestamp below opens council's own video at that second. Recording © Noosa Shire Council; the transcript is ours, made from it so the meeting can be searched and read.

Speakers: the machine separated 10 voices and names 6 of them — only where the recording itself establishes who it is (they introduced themselves, were called on by name, or their voice matches meetings where they were). The others stay “Speaker N”. Hover a name to see why it is there.

Start of recording

00:00:00

00:00:00 Mayor Stewart: Is that the operation of the standing orders or any relevant provision be suspended to allow Deputy Mayor Councillor Frank Wilkie to make a public admission as ordered by the Council of Conduct Tribunal in regard to two findings of misconduct. Can I have a seconder? Thank you, Councillor. All in favour? Thank you. Councillor Wilkie: I would like to make a statement regarding a recent decision. Mayor Stewart: Sorry, we'll just suspend. Standing orders are suspended. Councillor Wilkie: Thank you. Statement regarding a recent decision by the Council of Tribunal. This relates to something that occurred almost four and a half years ago when the Council considered a round of community grant applications in June 2018 as part of its usual community grant application processes. One year later, in July 2019, a complaint was made to the Office of the Independent Assessor that I should have declared a conflict of interest in relation to one of the community organisations seeking a Council grant, namely the Peregian Beach Beach Community Association. The PBCA was seeking a grant of $2,000. The PBCA was seeking a grant of $2,000 to create a ring of stones in a public park adjacent to the community kindergarten.

00:01:00 As a matter of interest, that grant did not proceed as works had already been scheduled as part of the Rufus Street upgrade and was funded by a federal Building Better Regions Fund grant. Nevertheless, I was at both the Services and Organisation Committee and Council meetings when the Council unanimously approved that conditional community grant as part of the community grants process. I did not declare a conflict of interest at that time. The complaint finding referenced my deceased father, who had been a past President of the PBCA before his passing in May 2017. As my father had passed away more than 12 months before the matter came before Council, it did not occur to me this could possibly be a conflict of interest. The complaint also stated I had been a general member of the PBCA from 2014 until June 2017. Under the Local Government Act, being a general member of a group does not trigger a conflict of interest, as I had not even been a general member from 2014 until June 2017. In addition, I was a member of the Council for a year before the matter came before Council. I also thought this would not be a conflict of interest.

00:02:00 I also received an electoral donation of $200 from Mr Barry Cottrell as part of the 2016 Council election. Mr Barry Cottrell was PBCA Vice President at the time. That amount was recorded on my Electoral Commission register but not on my Council register and is below the current legislated $500 threshold for conflict of interest declarations, but this was a genuine oversight on my part. The complaint cited a long-standing personal association with Mr Cottrell as another issue. I had believed that as my association with Mr Cottrell is principally work-related, which is not a conflict of interest under the Act, that a declaration was not required. For the reasons above, and the public nature of the works, I genuinely did not believe that I needed to declare a conflict of interest during the June 2018 Community Grant Round. Nevertheless, after a three-and-a-half year process and consideration of 271 pages of evidence, it was found that I should have declared a perceived conflict of interest at both the Services and Organisation Committee meeting and the Ordinary Meeting of June 2018.

00:03:00 I acknowledge the finding of misconduct for not declaring a perceived conflict of interest and admit that I made a genuine mistake in not making those declarations at the time. I take full responsibility and will learn from my error of judgement. Further, in accordance with the Tribunal findings, I undertake to do further training at my own cost in relation to the issues of conflict of interest. I will be seeking a review of this decision by the Queensland Civil Administrative Tribunal and legal advice to provide guidance in future conflict of interest matters, especially in regards to how long I must continue to raise a deceased parent as conflict of interest. My pledge to Councillors here tonight is that I will continue to discuss potential conflict of interest questions at the time they arise. Thank you. I will not be lodging retrospective complaints against them, as this has been a process I would not wish upon anyone. This is a timely reminder that we do need to get these issues right 100 per cent of the time, which I always endeavour to do. I will learn from this and continue to focus on applying the highest possible standards of good governance for our Council.

00:04:00 Mayor Stewart: Thank you, Councillor Wilkie. I now move that we resume Standing Orders. Can I have a seconder? Thank you, Councillor Stockwell. Carried. All in favour? Speaker 3: Stockwell, Finzel. Oh, no, sorry, Mayor. Sorry, you moved. I moved. Councillor Stockwell seconded. All in favour? Mayor Stewart: Unanimous. Back to the Order of Business. I move that Councillor Wilkie receive the advice from Councillor Wilkie and that the advice received be added to the minutes of the meeting referred to Attachment 1. Seconded. Seconded. Thank you, Councillor Jurisevic. All in favour? Thank you. Back to the Order of Business at the Ordinary Agenda. Item 2 is Minutes. Can I have a mover for the confirmation of the minutes of the Ordinary Meeting, please? I move. Thank you, Councillor Wilkie. Seconded by Councillor Wegener. All in favour? Thank you. Councillor Stockwell. There are no Mayoral Minutes.

00:05:00 Does anyone have any petitions? Committee reports. First we have the Audit and Compliance Committee recommendations from the meeting held on the 21st of October. These are on page four of the agenda. Queensland Audit Office Report 2021-22 Annual Financial Statements. Internal Audit Report Development Assessment and Approval Processes. Noosa Shire Council Annual Report 2021-2022. Can I have a mover? Thank you. We're now seconded by Councillor Finzel. All in favour? Carried unanimously. Speaker 3: Madam Mayor, we can't hear Councillorraison's vote. Mayor Stewart: Oh, Councillor Lawreston. In favour? Speaker 1: In favour. Thank you. Thank you. Mayor Stewart: The Planning and Environment Community recommendations are next. These start on purchase five of the agenda. Item 1 was referred to the General Committee. Item 2, MCU 20220148, Application for material

00:06:00 change of use for food and drink outlet, outdoor dining at 2 Memorial Avenue, Pomona. Item 3, MCU 20220148, Application for material change of use of food and drink outlet, outdoor 2022-0-115, application for material change of use for a bar at 1-3-9 Rennie Street, Noosaville. Planning applications are cited by delegated authority report September 2022. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application CBD Settlers Cove Pty Ltd, which is item 34 of this report. Mr Shannon Gillard, who is related to the applicant CBD Settlers Cove and his wife Kate, are friends of mine through our children. We have socialised together occasionally in the past. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I believe I do not have a close personal relationship with Mr and Mrs Gillard. And Council's consideration of this application is not to approve or reject it. It is only for noting of a decision that has already been made by staff.

00:07:00 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. Thank you, Councillor Wilkie. Councillor Wilkie: Thank you, Mayor Stewart. We have someone who would like to move a motion regarding this declarable conflict of interest. I'll move the standard one, which is in front of us. Deputy Mayor Stockwell: I'll better read it out. That the Council note the declarable conflict of interest by Councillor Stewart and determine that it is in the public interest that Councillor Stewart participates and votes on this matter because Council believes that she does not have a close personal relationship with Mr Gillard and, therefore, a reasonable person would trust that the final decision is made in the public interest. Councillor Wilkie: I second it. I second it, Councillor Jurisevic. Any further discussion? All in favour? That's carried. Mayor Stewart did not vote on the above motion, but Councillor Stewart now resumes the chair. Thank you, Councillor Wilkie. Thank you, Councillor Wilkie. Deputy Mayor Stockwell: Thank you, Councillor Morrison. Prescribed conflict of interest in this matter. Oh, wait a minute. Councillor Jurisevic: You can't have moved it if you've got a...

00:08:00 Deputy Mayor Stockwell: I can't. I forgot about this one, so you have to redo the last one. Councillor Jurisevic: Yeah, he can't move it if he's got a declarable conflict of interest that follows. Mayor Stewart: Oh, OK. Councillor Jurisevic: So, Councillor Wilkie... OK. Well, we will go back. I'll move the original resolution. We'll have another seconder, please. Seconder, Councillor Finzel. Councillor Wilkie: In the same vein. Same vein. We'll take the vote, but this time excluding Councillor Stockwell. All in favour? Councillor Lorentson, can you indicate your yay or nay? Speaker 1: In favour, thank you. Thank you. Councillor Wilkie: That's Councillors Wegener, Finzel, Jurisevic and Wilkie. Councillor Stockwell and Councillor Stewart did not vote on the above motion. Right, Councillor Stewart. Mayor Stewart: Councillor Stockwell, thank you. Councillor Stewart's back in the chair. Thank you. Thank you, Councillor Stockwell. Deputy Mayor Stockwell: I declare that I have a prescribed conflict of interest in this matter as follows. Suncoast Building Approvals are identified as the applicant in number 17 of the development application, EXE 220015. Is that the correct reference or is that the old one? It's the one that used to buy us from the...

00:09:00 OK. I contracted Suncoast Building Approvals to undertake building certification of my proposed residence in Boreen Point on the 29th of November 2021. This process is currently underway. The total fees associated with the completion of the certification and inspection regime is $5,904, which includes Noosa Council, plumbing and drainage fees. As a result of my conflicts, I will now leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thank you, Councillor Stockwell. Deputy Mayor Stockwell: And if there's a need to be changed, I'm happy to have the chance to move it up the right way. Mayor Stewart: We'll put the matter of planning applications decided by delegated authority report September 2022 to a vote. All in favour? So, I'll move it. I'll move it. Thank you, Councillor Warkin. Thank you, Councillor Finzel. All in favour? Unanimous. Councillor Lorentson. Thank you, Councillor Lorentson. Sorry, who was the seconder, sorry? Councillor Finzel. Councillor Finzel. Yes. Councillor Jurisevic: Thank you, Councillor Stockwell. Can we get Councillor Stockwell back in the room, please, Mr CEO?

00:10:00 Not for a second. I didn't close the door. Mayor Stewart: But summary. Oh, sorry. I'll wait for you. Sorry, Councillor Stockwell. Summary of current and historical distributions of seagrass in the Noosa Estuary. Item 6 was referred to the General Committee. Can I have a mover and a seconder, please, for the planning and organisation. Thank you, Councillor Warkin. Seconder. Thank you, Councillor Finzel. All in favour? Carried unanimously. Next are the services and organisation. Councillor Lorentson. Oh, and Councillor Lorentson. Sorry, Councillor Lorentson. In启12 item, register of pre-qualified suppliers for parks and landscaping services. Item 2, Noosa Holiday Park fees and charges. Item 3, Noosa Aquatic Center NAC full year report to 30 June 2022. Item 4, capital program delivery status, 30 September 2022. So moved by the Chief. Thank you, Councillor Juris difficl, seconder, Councillor Finzel. All in favour? Carried unanimously. Thanks, Councillor. Councillor Lorentson, thank you.

00:11:00 Now to the General Committee recommendations, which start on page 12. MCU 22-0048 and IPW 2022-0089. Development Permit for Material Change of Use for Commercial Landing and Operational Works for Prescribed Title Works. Situated at 222 Gympie Terrace, Noosaville. Two, Integrated Water Quality Monitoring Program. Councillor Stockwell. Deputy Mayor Stockwell: Hi, Councillor Stockwell. I wish to be clear that I have a prescribed conflict of interest in this matter as follows. SEQ Water was a major client of my sole trader business, trading as Watershed Australia. Between 2016 and 2020, I took cash for planning land capability and suitability assessments for source protection, recreation, grazing, infrastructure, environmental offsets and solar farms, environmental and natural resource evaluation, and expert services in the core case for the entity. This involved contracts to the value of $232,200.

00:12:00 This work has covered the vast majority of SEQ Water estates throughout South East Queensland, including SEQ Water Lake Macdonald Estate, where the water treatment plant is located. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thank you. I'll move the recommendation. Councillor Wilkie: I'll second it. Mayor Stewart: Thank you, Councillor Wilkie. Okay, Councillor Wilkie second. All in favour? Carried. Councillor Lorentson? Speaker 1: Yes. Mayor Stewart: Thank you. Thank you, Councillor Stockwell. Item three, draft Eastern Beaches Foreshore Management Plan for public consultation. Councillor Finzel: I'm a councillor. I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in this matter. As on 5th March 2020, Mr Peter Butt, who is an executive member of the Eastern Beaches Protection Association, donated $1,666.66. to my 2020 election campaign, where I was one of three candidates that ran as a group known as Future Noosa,

00:13:00 which is no longer an entity. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thanks, Councillor Finzel. Councillor Lorentson? Speaker 1: I, Councillor Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter, as my brother Gabriel Gerasani, owns a property at Beechwood State, Sunrines Beach, and is also a member of the executive committee of the Eastern Beaches Protection Association. During my election campaign, my brother helped me with my campaign, handed out voting cards, and two of my election signs were outside his property on Davidlow Way. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. I will turn the camera off and admit. Thank you. Mayor Stewart: Thank you, Councillor Lorentson.

00:14:00 Councillor Wilkie: I, Frank Wilkie, inform the meeting that I have a declarable conflict of interest in this matter, as Susan Francis donated $750 to my 2020 electoral campaign. Susan Francis is the partner of Barry Cottrell. Barry Cottrell is the president of the Peregian Beach Beach Community Association, and the Peregian Beach Beach Community Association will be one of the stakeholders consulted as part of the Eastern Beaches for shore management planning. I believe I can make an impartial decision on this matter. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Mayor Stewart: Thank you. Any questions for Councillor Wilkie? Would someone like to move a resolution? Councillor Wegener: I'll move that. That Councillor Wilkie stays in the room, and that it is in the public interest that Councillor Wilkie participates and votes in this matter,

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00:15:00

00:15:00 because Council believes that... Deputy Mayor Stockwell: You need to tell me why. Councillor Wegener: Why? Because his input is incredibly valuable of when it comes to this. Issues used concerning the beach. Yeah. Speaker 3: This input is extremely valuable in relation to these matters. Councillor Wegener: Yeah. And therefore, a reasonable person would trust that the final decision is made in the public interest. Is that enough? Councillor Jurisevic: I'll second that. Mayor Stewart: Thank you. Put the matter to a vote. Councillor Jurisevic: Can I speak to it? Mayor Stewart: Sure. Tom, do you want to speak to it? No, go ahead. Councillor Jurisevic: Yeah, I do. So I support this, on the fact that this is an issue, and I realise that other councillors, the reason I wanted to outline my support of this, of Councillor Wilkie staying in the room, is the Peregian Beach Community Association is a stakeholder in a foreshore management plan.

00:16:00 They are representative of a community in the Peregian area, with regard to the Peregian area, the foreshore management plan, and the greater foreshore management plan. There's no material gain to be had by the Peregian Beach Community Association in this matter, nor by Councillor Wilkie in any of this. So as a result of that, I think it's prudent that Councillor Wilkie is allowed to stay in the room. Mayor Stewart: Councillor Stockwell, Councillor Wilkie. Deputy Mayor Stockwell: Yeah, I've received, just before the meeting, the same advice, that there's been legal advice to say there is a declarable conflict. I haven't had a chance to look at that or challenge it, so I will, as a matter of caution, declare it. And if you can just bring it up a little bit, please, Cathy. I wish to inform the meeting that I have a declarable conflict. Are you voting on Councillor Frank first? Mayor Stewart: Sorry. Good point. Deputy Mayor Stockwell: Frank. Yes. Mayor Stewart: Would you like to talk to her? No, I can't, because I've got a conflict. Oh, I beg your pardon. Speaker 3: Can't participate. Councillor Wegener: There's this conflict of interest.

00:17:00 Once again, as I've said all along, we do not want it to interfere with or compromise our ability to make very, very good decisions. And in this case, Frank has lived in Peregian Beach. He completely knows the foreshore. He knows this subject matter very well. His input is incredibly important. This is an example where the conflict of interest may... It just goes a bit too far, I guess you can say. And that... We do not want the conflict of interest to unnecessarily compromise our ability to make really good decisions in council. Mayor Stewart: Based on the findings made by the... ..Council of Conduct Tribunal and the fact that there has been a declarable in the amount of Susan Francis's interest and donation, and I appreciate Councillor Wilkie's explanation,

00:18:00 and it would have been very difficult. And it's been... It hasn't been easy for everyone around the table. I would think it prudent that Councillor Wilkie leave the room in this instance. So I'll be voting against that. Councillor Jurisevic: Point of order. Question for the CEO, if I may, Madam Chair. Given that there are only three councillors available to vote on this matter, do we have a quorum in relation to the matter, Mr CEO? No. Speaker 3: Did you want to answer that? I'm not sure. Through the Mayor, Councillor Jurisevic. With the three that we have at the table, given that we already have two councillors out of the room, we do still have enough to be able... We don't have quorum of meeting as such. Four is quorum for our council. But what we do have is that we do have the ability to be able to make that decision of three. And we could suspend standing orders

00:19:00 and take some further advice. I'd be happy to check that. But my view is that... No need for a quorum in these matters. That's my thought. That's why I'm checking, whether there is a need for a quorum or not. We've had three before. Yeah. But look, I can take further advice in the future on that. But for the purposes of this particular matter right now, my view would be is that the three is sufficient. But while we're talking, we will just check standing orders. Councillor Jurisevic: Thank you, Mr. CEO. I'm just undertaking my due diligence of being prudent in asking the question. Mayor Stewart: We'll allow that to go. Thank you. So, are we right? Please continue, Madam Mayor. Okay. We'll put it to a vote. All in favour of Councillor Wilkie staying in the room. Against? Motion carried. Councillor Wilkie staying in the room. Councillor Stockwell. Deputy Mayor Stockwell: Yes. Sorry about that. I won't repeat what I said before.

00:20:00 So, I will just declare a... Have a declarable conflict of interest in this matter. And Susan Francis donated $500 to my 2020 election campaign. Ms. Francis is a partner... Ms. Francis' partner, Mr. Barry Cotterill, of the... Is the president of the Bridge and Beach Community Association, PBCA. PBCA has an interest in this matter. Ms. Francis has an interest in the Eastern Beaches Foreshore Management Plan. The interest of the PBCA is in one of exercising their role in representing the interests of their members... Make that an S. From the broader Bridgian community. Neither Ms. Francis nor her partner have any direct personal financial interest, nor does PBCA stand to gain anything from the Eastern Beaches Foreshore Management Plan other than the broad community benefit of having a well-managed foreshore. This interest could be classified as part of ordinary business under the legislation. I believe the general member of the public will see it is in the public interest for me to stay in the room and request consideration.

00:21:00 I believe I can make an impartial decision on this matter. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Speaker 1: Councillor Wilkie. Councillor Wilkie: I'll move to Councillor Stockwell. Remain in the room. No. You can't. You can't. Speaker 3: You can't. Why? You can't. Because you have a conflict. You can't act on this matter. It's only... Deputy Mayor Stockwell: No, but I've been told I can stay in the room. No, you can't. You can't. You can't have any of this. You can't be involved. Yep. Back to the same street. Oh, really? Speaker 3: Well, if Brian went first and you hadn't neglected, you wouldn't be able to... Yeah. It's just to this room. Sorry. Mayor Stewart: Do you like to move, Joe, or Tony? Councillor Jurisevic: Yes, I'll move. I'll move that it is in the public interest that Councillor Stockwell participates and votes on this matter because Council believes that neither Ms Francis nor her partner have any direct personal or financial interest, nor does the PBCA stand to gain anything from the Eastern Beaches foreshore management plan, and therefore a reasonable person would trust that the final decision is made in the public interest.

Public question: BRIAN O’CONNOR

▶ 00:21:30located by matching the speaker's name in the transcript — check the recording

00:22:00 Speaker 4: Senator? Mayor Stewart: Councillor Wegener. Would you like to speak to this? Councillor Wegener: Sorry, Joe. Councillor Jurisevic: Beg your pardon. Sorry. Yes, I will. For the same reasons, and I alluded to these with Councillor Wilkie, and it's more clearly articulated here in the resolution that... I don't believe that Ms Francis nor her partner have any direct personal or financial interest, nor does the PBCA stand to gain anything from the Eastern Beaches foreshore management plan, specifically. So, as stated in the resolution, it's therefore a reasonable person would trust the final decision is made in the public interest, as opposed to an individual's interest or financial gain. Councillor Wegener: No, Joe. Joe, you summed it up. Do that. Okay. Thank you.

00:23:00 Mayor Stewart: Well, I feel that with the information that was provided with Councillor Wilkie, it changed my decision, because of the relationships that had been talked about. Thank you. I don't think those relationships exist with Councillor Stockwell, so I will support Councillor Stockwell staying in the room. Councillor Jurisevic: Nothing to close? Mayor Stewart: Put the matter to a vote. All in favour? Okay. Councillor Pinsel? Speaker 3: Now we need to deal with the matter. Okay. Deputy Mayor Stockwell: Thank you. Thank you. I'm going to move a motion, which is slightly different to the motion passed at the General Committee. It adds one more clause, but I'll ... The General Committee motion has been circulated,

00:24:00 so I'll just read the additional clause, and that is that the CEO be requested to bring forward the encroachment policy for all areas of the Shire to the January round of meetings, as passed the General Committee. Councillor Jurisevic: I'll ask a question of the CEO, if I may. Mr CEO, with regard to that, is that an achievable outcome for staff, given Christmas is upon us, and not knowing the progress of the encroachment policy at this point in time? Speaker 3: Through the Mayor, Councillor Jurisevic, thank you very much for your question. We are happy to be able to work towards a January delivery for the round of meetings. I understand that our policy has largely been finalised through the January round of meetings. We've worked very closely with the Council of Stockwell this week, and rather than bring to December, which I do have concerns of us being able to achieve that, we will work for

00:25:00 the January round of meetings, and we believe that is an outcome that will give Council officers clear direction, particularly when dealing with the encroachment matters, and we bring that before Council's consideration of the January round of meetings. Okay. Councillor Wegener: Thank you. Thank you. Deputy Mayor Stockwell: Thank you. Okay, so I think it's in the public interest to bring forward that policy at the earliest possible convenience as the CEO stated. I've talked to staff to get to what they think would be the soonest and January is the soonest. I'm happy with that. I think one of the issues for staff is that they want to be sure that the council as a whole will support them in that action and we need to do that. We need to make sure that as councillors that we have given clear direction on what our approach is to compliance in regard to encroachment syndrome publicly and all across the Shire.

00:26:00 Mayor Stewart: Thanks, Councillor Stewart. Well, anyone else? Councillor Wegener: Question for the, I guess the CEO. What, I mean the encroachment policy is such a giant thing. We're going from Easter Beaches to the river, the docks, to Hastings Street, encroaching. On to the beach, public property, to the hinterland. It's a big plan. Is this all encompassing within the encroachment policy? Speaker 3: Through the chair, Councillor Wegener, this is specific to the Eastern Beaches. The decision that you have before you and the management plan is specific to that. The encroachment policy and what, through this resolution, I'll be directing staff as to ensure that our beaches encroachment policy, which is of the highest order in relation to the beach. To issues we're facing at the moment and of community concern around encroachments, particularly into the beach reserve and bushland reserve areas, is dealt with.

00:27:00 There is, though, and you're absolutely correct, Councillor Wegener, there are multitudes of issues where we are having encroachments into public land. What I'd like this to be dealt with is higher order to start with. If the team have the ability to be able to deliver that broader scope, we'll work towards that. I have been advised that there has been quite an amount of work that's been done on this policy already. So I hope it is going to give that ability to bring to the Council all encompassing. But if not, I will stick to what the Council has got before them currently for consideration and decision, which is that around the Eastern Beaches. This is specific to that matter. It also addresses the recent deputation that came to our Council petition that was tabled by concerned members of the community about, about encroachments. It will give us, as Council officers, clear direction on the Council table as to how we manage and work through. And we're doing that at the moment through the head of powers we have available. This provides more.

00:28:00 Mayor Stewart: Thank you. Kim. Sorry, Jo, we've got our Director on the line. Speaker 2: Yes, Kim. Yes, through the Chair. Just further to our CEO's response. It is absolutely our intention for the encroachments policy to cover encroachments into all public land. So our CEO is correct that we are, you know, prioritising through the process the Eastern Beaches. But the policy will actually be cover encroachments into all public land across the Shire. So we'll be able to be applied consistently. Councillor Jurisevic: Councillor Jurisevic. Thank you for clarifying, Kim, because I was about to ask the CEO the question. Does in point one actually refer to development resource a Council managed land encroachment policy, which would incorporate all public land? Yes. Mayor Stewart: Councillor, Kim, you've still got your hand up. Kim? Speaker 2: Sorry, that was from before. Right. Thank you, Kim. And yet, just to confirm, that's correct.

00:29:00 Thank you. Councillor Jurisevic, that's the intention. Councillor Jurisevic: Thank you. That was my intention. Councillor Wegener. Councillor Wegener: Could we entitle this report, Don't Do It? Mayor Stewart: Is that you speaking to the motion, Councillor Wegener? Speaking to the motion, yes. Okay. Councillor Stockwell. Anyone else would like to speak to this? No. I think it's all said and done. Councillor, would you like to speak to this? No. I would close. Deputy Mayor Stockwell: I will close. Just, the CEO was obviously, this is an issue that's been evolving, and I have tried to push the momentum on the enforcement. Obviously, as a politician, we are very aware of the community sentiment around this. I do think it's good that, as the Director has pointed out, that while the impetus has come from the Eastern Beaches Foreshore Management Plan, it's clear that the issue should be dealt with the same way, whether it's a cheap back block going against a bushland reserve

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00:30:00

00:30:00 or a multi-million dollar property going onto the beach. It's the same policy and approach that we want to start to enforce. Okay. Thank you. Mayor Stewart: Councillor FINZEL, could you be Councillor FINZEL, thank you, and Councillor LORENSTON. Speaker 3: I'll do that, yep, thank you. Mayor Stewart: Oh, Councillor LORENSTON's out for this one. She's...Councillor LORENSTON's out for the next one. Speaker 3: We'll still need to... Mayor Stewart: She still has to go through the declaration. Speaker 1: Oh, hello, Councillor LORENSTON. Mayor Stewart: We'll just wait for Councillor FINZEL, Councillor LORENSTON. Deputy Mayor Stockwell: The first time councillors participated with the roof open. There you go. Councillor LORENSTON. Speaker 3: It's a sunny day. Speaker 1: I, Councillor LORENSTON, inform the meeting that I have a positive interest in this matter.

00:31:00 My husband and I own a property at 2 Stroke 17, Noosa Brae, Noosa Hecht. Since November 2020, this property has been used for a short-term accommodation. As a result of my conscious of interest, I will leave the meeting room, what the matter is, with it loaded up. Mayor Stewart: Thank you, Councillor LORENSTON. Can I have a mover, please, for the recommendation? Councillor Finzel: I'll have to move that. Mayor Stewart: Thank you, Councillor FINZEL. Seconder, Councillor STOCKWELL. All in favour? Carried unanimously. Thank you. Councillor LORENSTON, back in. Thank you. Nice to see you. Councillor Jurisevic: She's back. All right, she's back? Mayor Stewart: Okay. Item number five, Noosa Shire Council 2021-2022 Annual Report. Item six, Financial Performance Report October 2022. Item seven, Council Meeting Schedule 2023. Item eight, Operational Plan Progress Report First Quarter 2022-2023. Move all the recommendations. Happy to second. Councillor Finzel: Thanks to Councillor LORENSTON. Seconded by Councillor FINZEL. All in favour? All in favour? Mayor Stewart: The unanimous Councillor LORENSTON.

00:32:00 Councillor FINZEL. Thank you. We're now up to page 19 of the agenda. There are no reports direct to the ordinary. There are no confidential items. We have one submission to public question time. Mr Brian O'Connor. Welcome, Mr O'Connor. Hello. Mr O'Connor, just to let you know, after you read question one, welcome to the lectern. Our Director of Environment and Sustainable Development, Kim Rawlings, will respond. Speaker 3: I'll respond, Madam Mayor, because Kim's online. Mayor Stewart: Okay. I beg your pardon. Okay. Well, Scott, our CEO, will respond to both of your questions, Mr O'Connor. Welcome to our meeting and to the lectern. Speaker 4: Thank you, Madam Mayor. That's fine. My question is this. The Noosa Council Cultural Plan 2019-23 states that Noosa Council will review and improve its approach to placemaking, while the Noosa Council Operational Plan for 2021-22 says the Council will continue the rollout of the placemaking project, thus indicating that work is well

00:33:00 underway. Given these self-imposed objectives and timelines, with completion scheduled for next year, can the Council confirm that the placemaking project has begun and is on target to meet the deadline and can the Council outline what progress has been made and when will results of the deliberations be made public? Speaker 3: Mr O'Connor, thank you very much for your question to the ordinary meeting of Council and to our Mayor as Chair. The Noosa Cultural Plan 2020-12 to 2023 is included under the theme Places and Spaces. The following focus area is sense of place. Council will review and improve its approach to placemaking to ensure its concepts and strategies are understood and implemented collectively across the organisation. It will work with stakeholders to achieve an integrated place-based approach which supports

00:34:00 community cohesion, improves the aesthetic appeal and maintains a sense of local identity through measures including creative arts, built infrastructure, streetscaping and precinct development. Work is underway on the place project in line with the objectives of the Cultural Plan. The place project initiation included the setting up of an internal governance framework in terms of reference, establishing a monitoring and evaluation program to ensure the ongoing progress could be measured and evaluated over time, and finally the selection of the potential pilot location to undertake a place-based program. The internal governance framework has been established and regular meetings have been occurring with relevant Council officers since November 2020 in order to establish an accurate baseline for measurement and evaluation. Thank you. The latest schedule of information for representation across the shire Council undertook a livability survey in November 2021 in conjunction with PlaceScore, with the results provided on Council's webpage in March this year. Since the survey, Council staff have been collating this information, along with other necessary

00:35:00 resources to determine a suitable evaluation process for the selection of a pilot location. This work is now near completion and will be workshopped with Council with the hope of announcing the proposed pilot location earlier the new year. We acknowledge that this has not occurred as quickly as envisaged. However, it was important to get the process correct, taking into account all of the information to ensure the best outcome. Councillor Jurisevic: Madam Chair, may I just allude to the fact that I think there's an error in the date of the cultural plan in the response from the CEO there. The Council wasn't even formed in 2012 Mr CEO. I think that should read 2019 as per the question. Thank you. Mayor Stewart: Thank you Councillor Jurisevic. Mr O'Connor. Speaker 4: And I realise that I have made a mistake in the question that I submitted to the Council in respect of a particular date and that should be corrected in the minutes as well. Thanks Mr O'Connor. Mayor Stewart: Thank you Mr O'Connor. Speaker 4: So, on 22 March 2022, the Mayor Councillor Stewart announced that Noosa Council has received $3.58 million under the $1.8 billion city deal,

00:36:00 involving three levels of government, and that Noosa's initial share would kickstart liveability projects across the Shire. The deal contains a further $400 million available to 11 Councils under a contestable bid process. Have any liveability projects kicked off, and if so, what are they, and can the Council give an assurance that serious planning is underway to position our Council favourably to win a further significant chunk of the city deal money? Still to be committed. What might those additional projects be? Speaker 1: Thank you Mr O'Connor. Speaker 3: Through the Mayor, Mr O'Connor. And in response, the SEQ city deal is a 10 year funding agreement between all three levels of government and administered through the SEQ Council of Mayors and Implementation Board.

00:37:00 Due to the recent Federal election installing a new Federal Government coupled with significant machinery of government changes, there is no progress to date on city deal funding for Noosa Shire Council. With the exception of the Resilient Rivers Initiative. The new Federal Government has now reaffirmed its commitment to the SEQ city deal and as such further discussions will occur with the SEQ Council of Mayors Implementation Board in relation to the funding of Council led projects. It can be advised that Noosa Shire Council's placemaking project is in its final stages of selection and as a pilot. One Town Centre will be selected for placemaking activities. The analysis by Council officers will be presented to Council in the next fortnight. If there is agreement with Council officers' analysis, a report will be provided to Council for further consideration and decision. This will occur over the coming months and will not require city deal funding. In relation to the SEQ city deal, the CEO of Council is working closely with ComSec, Council of Mayors, South East Queensland, and has city deal experience as a member of the Darwin City Deal Implementation Board.

00:38:00 Thank you. Thank you Mr O'Connor. Thank you. Thank you. Mayor Stewart: Thank you for your time. Thank you. I believe that the Federal Government has committed to that. They have now. Yes. And the Federal Government, Mr O'Connor, have committed to that funding for the city deal. Yes. Yes. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. The next meeting, the next ordinary meeting will be held on the 15th of December 2022 At the Council Chambers, 9 Pelican Street, Tewantin, commencing 5pm.

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